SECT. I.

AS Palaeotus de notbis. c. 28. Lawyers use to call that im­possible, 1. Why wee first prove that this sinne is not irremis­sible. which is so difficult; that by the rules of law it cannot be afforded, but by the indulgence of the Prince, and excercise of his Prerogative: So Divines are ac­customed to call that sinne, which for the most part is so, and which naturally occasions and ac­companies sinne. Of such condition is this SELF­HOMICIDE: [Page 26] which to be sinne every body hath so sucked, and digested, and incorporated into the body of his Faith and Religion, that now they prescribe against any opposer; and all dis­course in this point is upon the degrees of this sinne, and how farre it exceeds all other: So that none brings the metall now to the test, nor touch, but onely to the balance. Therefore al­though whatsoever is in our appetite good or bad, was first in our understanding true or false, and therefore if wee might proceed orderly, our first disquisition should be employd upon the first source, and origen, which is, whether this opini­on be true or false, yet finding our selves under the iniquity and burden of this custome, and pre­scription, we must obey the necessitie, and pre­posterously examine: First, why this fact should be so resolutely condemned, and why there should be this precipitation in our judgement, to pronounce this above all other sins irremissible: and then, having removed that which was neerest us, and delivered our selves from the tyranny of this prejudice: our judgment may be brought neer­er to a straightnesse, and our charity awakned, and entendred to apprehend, that this act may be free not onely from those enormous degrees of sinne, but from all.

SECT. II.

They who pronounce this sinne to be so neces­sarily 1. Three sorts of mistakers of this sinne. [Page 27] damnable, are of one of these three per­swasions. Either they mis-affirme that this act al­waies proceeds from desperation; and so they load it with all those comminations with which from Scriptures, Fathers, Histories, that common place abounds. Or else they entertaine that dan­gerous opinion, that there is in this life an impe­nitiblenesse, and impossibilitie of returning to God, and that apparent to us (for else it could not justifie our uncharitable censure;) Or else they build upon this foundation, that this act being presum'd to be sinne, and all sinne unpardonable without repentance, this is therefore unpardo­nable, because the very sin doth preclude all or­dinary wayes of repentance.

SECT. III.

To those of the first Sect, if I might be as vainly 1. That all desperation is not hainous; and that this act doth not alwaies pro­ceed from de­speration. subtile, as they are uncharitably severe, I should answer, that all desperation is not sinnefull. For in the devill it is not sinne, nor doth hee demerit by it, because he is not commanded to hope. Nor in a man which undertook an austere and disciplina­ry taming of his body by fasts or corrections, were it sinfull to despaire that God would take from him stimulum carnis. Nor in a Priest em­ploy'd to convert infidels, were it sinfull to de­spaire; that God would give him the power of miracles; If therefore to quench and extinguish this stimulum carnis, a man should kill himselfe; [Page 28] the effect and fruit of this desperation were evill, and yet the root it selfe not necessarily so. No 2. It may bee without infi­delitie. detestation nor dehortation against this sinne of desperation (when it is a sinne) can be too earnest. But yet Tho. 22. q. 2. ar. 2. since it may be without infidelitie, it cannot be greater then that. And though Aquinas there calls it sinne truly, yet he sayes hee doth so, 3 When it is poena peccati it is involuntari­um. because it occasions many sinnes. And if it bee as Perer. Exod. c. 1. dijp. 4. others affirme, Poena peccati, it is then involun­tarium, which will hardly consist with the nature of sinne: 4. The reason why men or­dinarily ag­gravate it. Certainly, though many devout men have justly imputed to it the cause and effect of sin, yet as in the Cau. 17. penitentiall Cannons, greater Penance is inflicted upon one who kills his wife, than one who kills his mother; and the reason added, not that the fault is greater, but that other­wise more would commit it; So is the sinne of desperation so earnestly aggravated; because springing from Sloth, and Pusillanimity, our nature is more slippery and inclinable to such a descent, than to presumptions, which yet without doubt do more wound and violate the Majesty of God, then desperation doth. But howsoever, that none may justly say, that all which kill themselves, have done it out of a despaire of Gods mercy, (which is the onely sinnefull de­spaire) we shall in a more proper place, when we come to consider the examples exhibited in Scri­ptures, and other Histories; finde many who at that act have been so far from despaire, that they have esteemed it a great degree of Gods mercy, [Page 29] to have been admitted to such a glorifying of his name, and have proceeded therein as religiously as in a sacrifice; and as Bosquier Con. 2. one sayes, elegantly, of Job, venere in gloriosa Proverbia, and of whom we may properly say, that which Moses said, Exod. 32. 29. when they punished upon one another their Ido­latry, Consecrastis man [...] vestras Domino.

When I come to consider their words who are 5. Of the se­cond opinion, impenitible­nesso. of the second opinion, and which allow an im­penitiblenesse in this life (of which Calvin is a strong Authorizer, if not an Authour; who 6. Of Calvins opinion, Mat. 12. 30. sayes, that actuall impenitence is not the sinne intimated in Matth. 12. 30, & 31. But it is a will­ing resisting of the holy Ghost, into which who­soever falls, Tenendum est, saith he, we must hold that he never riseth again) because these hard and mis-interpretable words fall from them, when they are perplexed, and intricated with that hea­vy question of sinne, against the holy Ghost, and because I presume them to speak proportionally and analogally to their other Doctrine, I rather incline to afford them this construction, that they place this impenitiblenesse onely in the know­ledge of God, or that I understand them not, then either beleeve them literally, or beleeve that they have clearly expressed their own meanings. For I see not why we should be lother to allow, that God hath made some impeccable, then impeniti­ble. 7. None im­peccable, nor impenitible. Neither do I perceive, that if they had their purpose, and this were granted to them, that ther­fore such an impenitiblenesse must of necessity [Page 30] be concluded to have been in this person, by rea­son of this act.

SECT. IIII.

But the third sort is the tamest of all the three, 1. Of the third sort, and that we ought not to pre­sume actuall impenitence in this case. and gives greatest hope of being reduced, and re­ctifyed: For though they pronounce severely upon the fact, yet it is onely upon one reason, that the fact precludes all entrance to repentance. Wherein I wonder why they should refuse to ap­ply their opinions to the milder rules of the Ca­suifts Azor. Mor. Instit. pa. 1. l. 2. c. 16. which ever in doubtfull cases, teach an inclination to the safer side. And though it be sa [...]er to thinke a thing to be fin, then not, yet that rule serves for your own information, and for a 2. Which is the safer side in doubts. bridle to you, not for anothers condemnation. They use to interpret that rule of taking the safer side, that in things necessary (necessitate finis, as repentance is to salvation) wee must follow a­ny probable opinion, though another bee more probable; and that, directly that opinion is to be followed, Quae favet animae: which they exem­plifie thus. Zambran. de poeniten. dub. 2. n. 39. That though all Doctors hold that baptisme of a childe not yet throughly born, in the hand or foot to be ineffectuall, yet all Do­ctors counsell to baptize in that case, & to beleeve of good effect. And the example of the good theife informes us, that repentance works imme­diately; 1. Inarticulo mortis, the Church inter­prets ever fa­vourably. and from that history Calvin collects, That such paine in articulo mortis, is naturally apt [Page 31] to be get repentance; Since the Church is so in­dulgent, and liberall to her children, Idem de bap. dub. 8. n. 1. that at the point of death shee will afford her treasure of baptisme to one which hath been mad from his birth, by the same reason us to a child; Ibid. n. 2. yea, to one fallen lately into madnesse, though it appeare he were in mortall sinne, if he have but attrition, which is but a feare of hell, & no tast of Gods glo­ry; And [...]uch attrition shall be presum'd to be in him, if nothing appeare evidently to the contrary: Idem praelud. 1. n. 7. If she be content to extend and interpret this point of death, of every danger by sea, or travell; Idem de poe­nitent. dub. 3. nu. 2. If she will interpret any mortall sinne, in a man provoked by sodain passion, and proceeding from indeliberation, to be no worse nor of greater ma­lignity, then the act of a childe. If being unable to succour one before Ibidem. she will deliver him from excommunication after he is dead. Dub. 7. nu. 9. If she bee content that both the penitent and confessor, bee but diligentes, not diligentissimi; Idem de unct. dub. 2. nu. 3. If rather then she will be frustrate of her desire to dispense her treasure, she yeelds that mad and possessed men, shall be bound till they may receive extreame un­ction. Sayr Thesaur cas. consci. tom. 1. l. 2. c. 21. nu. 2. If lastly she absolve some whether they will or no, why should we abhorre our mothers example, and being brethren, be severer than the Parent? Not to pray for them which dye without faith is a precept so obvious to every Religion, that even Alcor. azoar. 19. Mahomet hath inhibited it: But to pre­sume impenitence, because you were not by, and heard it, is an usurpation.

[Page 32] This is true repentance (saith Clement) [ Stromat. l. 2 To doe no more, and to speake no more, those things, 4. What true repentance is. whereof you repent; and not to be ever sinning, and ever asking pardon.] Of such a repentance as this our case is capable enough.

And of Lib. 3. ad a­mandum. cp. 1. one who died before he had repen­ted, goo [...] Paulinus would charitably interpret his haste, [That he chose rather to go to God debitor quam liber] and so to die in his debt rather than to carry his acquittance. As therefore in matters of 5. Witnesses which acquit, more accepta­ble then accu­sers. fact, the delinquent is so much favor'd that Dist. 81. ca. Clerici. a Lay-man shall sooner be beleeved which acquits him, then a Clork which accuseth (though in 12. q. 1. c. duo sunt. o­ther cases there be much disproportion betweene the value of these two testimonies;) So, if any will of necessitie proceede to judgement in our case, those reasons, which are most benigne, and which, (as I sayd) favent anima, ought to have the best acceptation and entertainment.

SECT. V.

Of all those definitions of sinne, which the first 1. Why wee wave the ordi­nary definiti­on of sinne ta­ [...]en from S. Augustine, and follow that of Aquinas. Rhapsoder Pet. Lombard hath presented out of an­cient learning, as well the Summists as Casuists doe most insist upon that which he brings from Lib. 2. Dist. 35. [...]. S. Augustine, as, commonly, where that Father serves their turnes, they never goe further. This defini­tion is, that sinne is dictum, factum, concupitum, con­tra aternam legem Dei. This they stick too, because this definition (if it be one) best b [...]ares their de­scant; [Page 33] and is the easiest conveyance, and cariage, Of the tortu­ring practise of Casuists. and vent for their conceptions; and applying rules of Divinitie to particular cases: by which they have made all our actions perplex'd and litigious, in foro interiori, which is their tribunall: by which torture they have brought mens consciences to the same reasons of complaint, which Panegyr. Traian. Pliny at­tributes to Rome, till Trajans time; that Civit [...] f [...]-aata legibus, legibus evertebatur. For as Informers vext them with continuall delations upon penall Lawes, so doth this act of sinning entangle wret­ched consciences in manifold and desp [...]ate anxi eties.

But for this use this definition cannot be thought to be applyable to sinne onely, since it limits it to the externall Law of God, (which word though Lombard have not, Thesaur. Cas. Consc. l. 1. Ca. 5. Sa [...] and all the rest r [...]tain for this eternall Law is Tho. 22. q. 91. ar. 2. ratio gub [...]rnativa Dei, which is no other then his eternall decree for the government of the whole world, and that is Pro­vidence. And certainly against this, because it is not alwayes revealed, a man may without sinne 3. Of the eter­nall law of God in Augu­stines definiti­on against which a man may doe with­out sinne. both think and speak and doe: as I may resist a disease, of which God hath decreed I shall die. Yea though he seeme to reveale his will, we may resist it, with prayers against it, because it is often conditioned, and accompanied with limitations and exceptions. Yea though God dealt plainly by Nathan, 2. S [...]. 12. 14. [The child shall surely die] David resisted Gods decree by prayer and penance. We must therefore seek another definition of sinne [Page 34] which I think is not so well delivered in those words of Aquinas 22. q. 64. ar. 1. Con. [Omnis defectus debiti actus habet rationem peccati] as in his other; [Peccatum 4. Of the De­nition which we follow. est actus devians ab ordine debiti finis, contra regulam naturae rationis, aut legis aeternae] For here lex aeter­na being put as a member and part of the defi­nition, it cannot admit that vast and large accepta­tion, which it could not escape in the descripti­on of S. Augustine, but must in this place be neces­sarily intended of lex divina. Through this defini­tion therefore, we will trace this act of Self-ho­micide, and see whether it offend any of those three sorts of Law.

SECT. VI.

Of all these three Laws, of Nature, of Reason, 1. How the law of nature, of reason, and of God, exhi­bited in this definition, are all one; and how diversly accepted. and of God, every precept which is permanent, and binds alwayes, is so compos'd and elemen­ted and complexion'd, that to distinguish and sepe­rate them is a Chymick work: And either it doth only seeme to be done, or is done by the torture and vexation of schoole-limbicks, which are ex­quisite and violent distinctions. For that part of Gods Law which bindes alwayes, bound be­fore it was written, and so it is but dictamen rectae rationis; and that is the Law of nature. And there­fore Jsidore as it is related into the Dist. 1. Om­ [...]es. Canons, di­viding all Law into divine and humane, addeth [Divine consists of nature, Humane of custome] Yet though these three be almost all one; yet be­cause [Page 35] one thing may be commanded divers waies, and by divers authorities, as the common Law, a Statute, and a Decree of an arbitrary Court, may bind me to do the same thing, it is necessary that we weigh the obligation of every one of these Laws which are in the Definition.

But first I will only mollify and prepare their 2. In some ea­ses all these three lawes may be broke at once. crude and undigested opinions and prejudice which may be contracted from the often iteration, and specious but sophisticate inculcatings of Law, and Nature, and Reason, and God, with this Antidote, that many things which are of Na­turall and Humane and Divine Law may be broken. Of which sort Soto de teg. Secr. membr. 1. q. 2. to conceale a secret 3. Revealing a secret. delivered unto you is one. And the Honour due to Parents is so strictly of all these Laws, as none of the second Table more. Yet in a iust warre a Parricide is not guilty; yea by a law of Venice, though de Rep. l. 1. cap. 4. Bodin say, it were better the 4. Parricide. Towne were sunk then ever there should be a­ny example or president therein; A sonne shall redeeme himselfe from banishment by killing his Father being also banished. And we Aelian. l. 4. cap. 1. read of another state (and Laws of Civil Common­wealths may not easily be pronounced to be a­gainst Nature) where when Fathers came to be of an unprofitable and uselesse age, the sons must beat them to death with clubs: And of another, where all persons of above 70 years were dispatched.

SECT. VII.

This terme the law of Nature, is so various­ly 1. Of the law, of nature; and that against it strictly taken, either no sin, or all sinne is done. and unconstantly deliver'd, as I confesse I read it a hundred times before I understand it once, or can conclude it to signifie that which the author should at that time meane. Yet I never found it in any sence which might justifie their vociferations upon sinnes against nature. For the transgressing of 2. To doe a­gainst nature, makes us not guilty of a greater sinne, but more in­excusable. the Law of nature in any act doth not seeme to me to increase the hay nousnesse of that act, as though nature were more obligatory than divine Law: but only in this respect it aggravates it, that in such a sin we are inexcusable by any pretence of igno­rance since by the light of nature we might discern it. Many things which we call sin, and so evill have been done by the commandement of God; 3. Nothing so evill, that is never good. by Abraham and the Jsraelites in their departing from Aegypt. So that this evill is not in the na­ture of the thing, nor in the nature of the whole harmony of the world, and therefore in no Law 4. No evill but disobedi­ence. of nature, but in violating, or omitting a Com­mandement: All is obedience or disobedience. 5. Lying natu­rally worse then Selfe-ho­micide. Whereupon our Country-man Thesa [...]. cas. cons. l. 7. c. 9. n. 9. Sayr confes­seth, that this SELF-HOMICIDE is not so intrin­secally ill, as to Ly. Which is also evident by Cajetan sup. 22. q. 37. ar. 2. where he affirmes, that I may not to save my life, accuse my self upon the Racke. And though Cajetan extend no farther her [...]in, then that I may not bely my sel [...]: Yet de teg. secr. memb. 1. q. 3. [...] [Page 37] evicts, that Cajetans reasons, with as much force forbid any accusation of my self, though it be true. So much easier may I dep [...]rt with life then with truth, or with fame, by Cajetan. And yet 6 Fame may be neglected; yet we are as much bound to preserve it, as life. we find that of their fame many holy men have been very negligent. For not onely Augustine, Anselm, and Hier [...] betray themselves by unur­ged confessi ns, but Soto ihid. St Ambrose procur'd cer­tain prostitute women, to come into his cham­ber, that by that he might be defamed, and the People thereby abstaine from making him Bi­shop. This intrinsique and naturall evill there­fore will hardly be found. For, Th. 22. q. 104. ar. 4. ad 2. m. God who can command a murder, cannot command an evill, or a sinne; because the whole frame and govern­ment of the world b [...]ing his, he may vse it as he 7 God cannot command a sin, yet he can command murder. will. As, though he can doe a miracle, he can do nothing against nature; because Aug. cont. faust. l. 26. ca. [That is the nature of every thing, which he works in it.] Hereupon, & upon that other true rule, Th. 1. q. 105. at. 6. ad. 1. [what­soever is wrought by a superior Agent, upon a patient, who is naturally subject to that Agent, is naturall] we may safely infer, that nothing which we call si [...]ne is so against nature, but that it may be sometimes agreeable to nature.

On the other side, nature is often taken so wide­ly and so extensively, as all sinne is very truely said to be against nature. Yea, before it come to be sinne. For S. Augustine sayes De li. Arb. l. 13. ca. 13. [Every vice, as it is vice, is against nature.] And vice is but habite which being produced to act, is then sinne. Yea 8 Originall sin is from na­ture. [Page 38] the parent of all sinne, which is hereditary origi­nall sin, which 12. q. 81. ar. 4. Aquinas calls, [a languor and faintnesse in our nature, and an indisposition, pro­ceeding from the dissolution of the harmony of originall Justice] is by him said to be in us, [ 3. q. 8. ar. 5. ad 7. quasi naturale] And is, as he saith in ano­ther place, so 1. q. 100. ar. 1. ad 3. naturall, [that though it is pro­pagated with our nature, in generation, though it be not caused by the principles of nature.] So 12. q. 81. ar. 4. as if God would now miraculously frame a man, as he did the first woman, of another's flesh and bone, and not by way of generation, into that creature, all infirmities of our flesh would be derived but not originall Sin. So that originall sinne is traduced by nature onely, and all actuall sinne issuing from thence, all sinne is naturall.

SECT. VIII.

But to make our approaches neerer. Let us 1 That if our adversaries by law of Na­ture meane onely Sensi­tive Nature, they say no­thing, for so most vertuous actions are against Na­ture. leave the consideration of the Law of nature, as it is Providence, and Gods decree for his government of the great world; and contract it only to the law of nature in the lesse world, our selves. There is then in us a Tho. 12. q. 71. ar. 2. Con. double law of na­ture, Sensitive and Rationall; and C [...]rbo Cas. Cons. To. 2. pa. 1. 6. 5. the first doth naturally lead and conduce to the other. But be­cause by the languor and faintnesse of our nature, we lazily rest there, and for the most part goe no further in our journeys therfore out of this ordi­nary [Page 39] indisposition, Aquinas pronounceth, that the inclination of our sensitive nature is against the law of reason. And this is that which the Apostle Rom. 7. 23. calls the law of the flesh, and opposeth against the law of the spirit.

Now although it be possible to sinne and trans­gresse against this sensitive nature, which natural­ly and lawfully Tho. ibid. is inclined upon bonum delecta­bile, by denying to it lawfull refreshings, and fo­mentations; yet I think this is not that law of nature which these abhorrers of SELF-HOMI­CIDE complaine to bee violated by that Act. For so they might aswell accuse all discipline and austeritie, and affectation of Martyrdome, which are as contrarie to the Law of sensitive Nature.

SECT. IX.

And therefore, by law of nature, if they 1 As the law of Nature is Recta Ratio, it is jus genti­um. So Immo­lation of men and Idolatry, are not against Nature. will meane any thing, and speak to be under­stood, they must entend the law of rationall nature: which is that light which God hath af­forded us of his eternall law; and which is usu­ally call'd recta ratio. Now this law of nature as it is onely in man and in him directed upon Piety, Religion, Sociablenesse; and such (for as it reacheth to the preservation both of Śpecies and individualls, there are lively prints of it in beasts) is with most authors confounded and made the same with jus gentium. So Mor. Inst. [...]. 1. l. 5. cap. 1. Azorius, and so [Page 40] Com. ad leg. Reg. prae. Sylvius delivers [That the law of nature, as it concerns only reason is j [...] gentium;] and there­fore whatever is jus gentium that is, practised (and accepted in most, especially civil'st nations) is also law of nature, which De Som. sign. Artemidorus ex [...]mplifies, in these two, Deum colere, mulie [...]ibus vinci.

How then shall we [...]ccuse Idolarry, or immo­lation of men to be sinnes against nature? For (not to speak of the first, which like a de [...]uge o­verflowed the whole world, and only Canaan, was a little Ark swimming upon it, delivered fr [...]m utter drowning, but yet not from sto [...]mes and and leakes, and dangerous weather-beatings,) immolation of men was so ordinary, that Pol. Virg. de Invent. r [...]r. l. 5. cap. 8. [almost every nation, though not batba [...]ous, had received it.] the Middendorp. de Acad. l. 6. [...]x Io. Bormo. D [...]uids of France made their divinations from sacrifices of men. Casar. Bell. Gall. l. 6. And in their wars they presaged also after the same fa­shion. And for our times it appeares, by the Spa­nish relations, Mat. Met. praef. ad Oscr. Hist. that in only Hispaniola they sa­crific'd yearly 20000 children.

SECT. X. 1 A reason is the forme, and so the Nature of man, every sin is against Nature, yea, whatsoever agrees not ex­actly with Christian Re­ligion.

However since this is receiv'd [ 12. q. 71. ar. 2. Con. that the nature of every thing is the forme by which it is constituted, and that to doe against it, is to doe against nature] since also this forme in man is reason, and so to commit against reason is to sin against nature, what sin can be exempt from that charge, that it is a sin against nature, since every sin [Page 41] is against reason. And in this acceptation Epistola mult is ep [...]ft. Luci­dus takes the law of nature, when he sayes [God hath written in our hearts such a law of nature, as by that, we are saved in the coming of Christ.] And so every act which concurres not exactly with our religion shall bee sinne against nature. Which will appeare evidently out of 31. 33. Jeremies words, where God promiseth as a future bles­sing, that he will write his lawes in their hearts, which is the Christian law. So that the Christian law, and the law of nature, (for that is the law written in hearts) must be all one. Sinne therefore against nature is not so enormous, but that that may stand true, which Navar saith Manual. ca. 23. nu. 50. [that many lawes both naturall and divine doe bind onely ad veniale.] And so (nor disputing at this time, whither it be against reasonal waies or no,) (for reason and vertue differ no otherwise than a close 2. Vertue produced to act, differs so from rea­son, as a me­dicine made and applyed, from a box of druggs. box of druggs, and an emplaister or medicine made from thence and applyed to a particular use and necessitie; and in the box are not onely aromatike simples, but many poysons, which the nature of the disease, and the art of the Admini­strer make wholsome.) This SELF-HOMICIDE is no more against the law of nature, then any other sinne, nor in any of the acceptations which we touch'd before. And this is as much as I de­termined for this first Distinction.

SECT. I.

THere is a lower and narrower acceptation of this law of nature (which could not well 1. Sinnes a­gainst nature in a particu­lar sense, are by School­m [...]n said to be unnaturall lusts; and this. But in Scri­ptures onely the first is so called. be discerned but by this light, and fore-discour­sing) against which law, this sinne, and a very few more, seeme to be directly bent, and opposed. For Mor. Instit. p. 1. l. 4. cap. 1. Azorius sayes, [That there are sinnes pe­culiarly against nature, which are contra naturalem usum hominis] which he exemplifies in unnaturall lusts, and in this. And of the former example 22. q. 154. ar. 11. Con. Aquinas sayes, [That there are some kinds of lusts which are sinnes against nature, both as they are generally vices, and as they are against the na­turall order of the act of generation.] In the Scri­ptures also this sinne of mis-using the Sexe, is cal­led against nature, by Rom. 1. 20. S. Paul. And once (in the vulgar edition) in the Judg. 19. 24 old Testament. But (as I intimated once before) this sinne against nature is so much abhor'd, not because the being against nature makes it so abominable, but because the knowledge therof is so domestique, so neare, so inward to us, that our conscience cannot slum­ber in it, nor dissemble it, as in most other sinnes it 2. Of the ex­ample of the Levite in the Judges. doth. For, in that example of the Levite in the booke of Judges, (if those wicked men did seeke him for that abominable use, which Antiq. l. 5. [...]. 2. Iosephus [Page 43] sayes, was onely for his wife; And when himself relates to the people the history of his injury in the next chapter, he complains that they went a­bout to kill him to enjoy his wife, and of no o­ther kind of injury;) though the Host which had harbor'd him disswade the men thus, [solum non operemini hoc contra naturam] will any man say, that the offer which he made them to extinguish their furious lust, to expose to them his owne daughter, a virgine, and the wife of his guest, (which Iosephus encreases by calling her a Levite and his kins-woman,) was a lesse sinne, then to have given way to their violence, or lesse against nature, because that which they sought was con­tra naturalem usum. Is not every voluntary pollu­tion, in genere peccati, as much against the law of nature, as this was, since it strayes and departs from the way, and defeats the end of that facultie in us, which is generation? The violating there­fore of the law of nature, doth in no acceptation aggravate the sinne. Neither doth the Scripture call any other sinne, then disorderly lust by that name; S. Paul once appeals to the law of nature, 1 Cor. 11. 14. when arguing about the covering of heads, of 3. S Pauls use of the phrase Law of nature in long haire. men or women at publique prayer, hee sayes, [Judge in your selves;] And [Doth not nature teach you, that if a man have long haire, it is a shame.] Not that this was against that law of nature to which all men were bound, for it was not alwayes so. For, in most places, shavings and cuttings, a [...]d pullings, are by the Batyriques and Epigrammatists [Page 44] of those times, reprehended for delicacy and effe­minatenesse. And the Romans till for rain corrup­tion had envenom'd them, were ever call'd glo­riously Intonsi; but because (sayes Calvine) [it was at that time received as a custome throughout all Greece, to weare short haire, S. Paul calls it na­turall.]

So Vegetius sayes [That from De re milit. l. 4. c. 39. November to March the Seas are shut up, and intractable lege 4. Vegetius use of that phrase. naturae,] which now are tame and tractable e­nough, and this also lege naturae. And that custome which S. Paul call'd naturall in Greece, was not long naturall there. For the Bishops of Rome, when they made their Canons for Priests sha­vings, Picrius de barbis Sacerdo­tum. did it because they would have their Priests differ from the Priests of the Greek Church. So that S. Paul mentioning the law of nature, ar­gues not from the weight and hainousnesse of the fault, as our adversaries use; but useth it as the nearest and most familiar and easie way to lead them to a knowledge of decencie, and a departing 1. Selfe-pre­servation is not so of par­ticular law of nature, but that beasts na­turally trans­gresse it, whom it binds more then us; and we, when the reason thereof ceases in us, may transgresse it, and some­times must. from scandalous singularitie in those publique meetings.

SECT. II.

And though Azorius (as I said) and many o­thers, make this Selfe-homicide an example of sin, against particular Law of Nature; yet it is onely upon this reason, that selfe-preservation is of Na­turall Law. But that Naturall Law is so generall, [Page 45] that it extends to beasts more then to us, because they cannot compare degrees of obligation and distinctions of duties and offices, as we can. For we know that Tho. 12. q. 51. ar. 7. Con. [some things are naturall to the species, and other things to the particular person] and that the latter may correct the first. And [...]. Things naturall to the species, are not alwaies so to the individuum therefore when Fabricius Hist. Cicero, Ann. 30. Cicero consulted the oracle at Delph [...]s, he had this answer, [Follow your owne na­ture.] And so certainly that place, Gen. 2. 18. [It is not good for the man to be alone,] is meant there, because if he were alone, Gods purpose of multiplying man­kinde had beene frustrate. Yet though this be ill for conservation of our species in generall, yet it 3 Therefore some may a­bandon the world. may be very fit for some particular man, to ab­staine from all such conversation of marriage or men, and retire to a sollitude. For some may need that counsell of Homil. 36. Oper. imperf. in Matth. Chrysostome, [Depart from the high way, & transplant thy self in some inclosed ground: for it is hard for a tree which stands by the way side, to keep her fruit, till it be ripe.] Our safest assurance, that we be not mis­lead with the ambiguity of the word Naturall e Th. 12. q. 94. ar. 4. Law, and the perplex'd variety thereof in Au­thors, will be this, That [all the precepts of Naturall Law, result in these, Fly evill, seek good;] 4. First prin­ciples in natu­rall Law are obligatory, but not deductions from thence, and the lower we descend, the weaker they are. That is, doe according to Reason.

For these, as they are indispensable by any au­thority, so they cannot be abolished nor ob­scur'd, but that our hearts shall ever not onely retaine, but acknowledge this Law. From these are deduced by consequence, other precepts [Page 46] which are not necessary alwaies; as Redde deposit [...]. For though this seeme to follow of the first, Doe according to reason, yet it is not alwaies just. And as Aquinas saies, The lower you goe towards par­ticulars, the more you depart from the necessitie of being bound to it. So De privilegiis Juris. l. 1. c. 8. Acacius illustrates it more clearely, [It is naturall, and bindes all alwaies, to know there is a God. From this is deduced by necessary consequence, that God (if he be) must be worshipped; and after this, by likely consequence, that he must be worshipped in this or this manner.] And so every Sect will a little corruptly and adulterately call their disci­pline Naturall Law, and enjoyn a necessary obedi­ence to it. But Sylvius Com­ment. ad leg. reg. proefat. c. 1. though our substance of na­ture, (which is best understood of the foundati­ons and principles, and first grounds of Naturall Law,) may not be changed, yet functio nat [...] a, (which is the exercise and application therof,) and deduction from thence may, and must. The like danger is in deducing consequences from this naturall Law, of Selfe-preservation; which doth not so rigorously, and urgently, and illimitedly binde, but that by the Law of Nature it selfe, 5 Pellicans, and Bees; by S. [...], kill themselves. things may, yea must neglect themselves for o­thers; of which the Pellican is an instance, or an embleme.

And Hea [...]. 5. cap. 1. St. Ambrose Philosophying divinely in a contemplation of Bees, after he hath afforded them many other prayses, sayes [That wh [...]n they finde themselves guilty of having broken any of their [Page 47] Kings Lawes, P [...]nitenti condemnatione se mul [...]tant, ut immoriantur a [...]ulet sui vulnore.] Which magna­nimity and justice, he compares there with the Subjects of the Kings of Persia, who in like ca­ses are their owne executioners. As this natu­rall instinct in beasts, so rectified reason belong­ing onely to us, instructs us often to preferre publique and necessary persons, by exposing our selves to unevitable destruction.

No law is so primary and simple, but it fore­imagines 6 The reason of almost eve­ry Law is mu­table. a reason upon which it was founded: and scarce any reason is so constant, but that cir­cumstances alter it. In which case a private man is Emperor of himselfe; for so B. Dorotheus Doctrinâ 12. a devout man interprets those words, [Faciamus hominem ad i­ [...]ginom nostrum, id est, sui juris.] And he whose conscience well tempred and dispassion'd, assures him that the reason of selfe-preservation ceases in him, may also presume that the law ceases too, and may doe that then which otherwise were a­gainst that law.

And therefore if it be true that [it Windeck, [...]a­nonum & le­gum consens. & dissens. ca. 12. belongs to the Bishop of Rome, to declare, interpret, limit, di­stinguish the law of God,] as their Doctors teach, which is, to declare when the reason of the Law 7 He that can declare when the reason cea­ses, may dis­pence with the Law. ceases: it may be as true which this Author, and the 25. q. 1. su [...] quid [...]. Canons affirme, that he may dispense with that Law: for hee doth no more, then any man might doe of himselfe, if he could judge as infal­libly. Let it be true that no man may at any time doe any thing against the law of nature, yet, [Page 48] Tho. 22. q. 88. ar. 10. [As a dispensation workes not thus, that I may by it disobey a law, but that that law becomes to me no law, in 8. How dis­pensations worke. that case wher the reason ceases;] So may any man be the Bishop & Magistrate to himselfe, and dispense with his conscience, where it can appeare that the reason which is the soule and forme of the law, is ceased. Because, Tho. 32. q. 89. ar. 9. as in Oathes and Vowes, so in the Law, the necessitie of dispensations pro­ceedes from this, that a thing which universally considered in it selfe is profitable and honest, by reason of some particular event, becomes either dishonest or hurtfull; neither of which, can fall within the reach, or under the Commandement of any law; and in these exempt and priviledged cases, Acacius de privilegijs l. 1. ca. 3. [the priviledge is not contrajus univer­sale, but contra universalitem juris.] It doth onely succor a person, not wound, nor infirme a law. No more, then I take from the vertue of light, or dignitie of the Sunne, if to escape the scort­ching thereof, I allow my selfe the reliefe of a shadow. 9. As nothing can annull the prerogative of Princes or Popes, though their own act seeme to pro­vide against it; so no law doth so de­stroy mans li­berty, but that he returnes to it, when the reason of the law ceases.

And, as neither the watchfulnesse of Parlia­ments, nor the descents and indulgences of Prin­ces, which have consented to lawes derogatory to themselves, have beene able to prejudice the Princes non obstantes, because prerogative is in­comprehensible, and over-flowes and transcends all law. And as those Canons which boldly (and as some School-men say) blasphemously say, Non licebit Papae, diminish not his fulnesse of pow­er, nor impeach his motus propriores, (as they call [Page 49] them) nor his non obstante jure divino, because they are understood ever to whisper some just reserva­tion, sine justa causa, or rebus sic stantibus, so, what law soever is cast upon the conscience or liberty of man, of which the reason is mutable, is natu­rally condition'd with this, that it binds so long as the reason lives.

Besides, Selfe-preservation, which wee confesse to be the foundation of generall naturall Law, is 10. Selfe-pre­servation be­ing but an ap­petition of that which is good to us, is not violated by this act. no other thing then a naturall affection and appe­tition of good, whether true or seeming. For cer­tainly the desire of Martyrdome, though the bo­dy perish, is a Selfe-preservation, because thereby, out of our election our best part is advanc'd. For heaven which we gaine so, is certainly good; Life, but probably and possibly. For here it holds well which De resurrect. Athenagoras sayes, [Earthly things and Heavenly differ so, as Veri-simile, & Verum;] And this is the best description of felicitie that I have found, That [ Heptapl. 10. Pici. l. 7. proem. it is reditus uniuscujusque rei ad suum principium.] Now since this law of Selfe-preservation is accomplish'd in attaining that which conduces to our ends, and is good to us, (for Sylvius Com. ad leg. reg. praefat. l. 1. libertv, which is a faculty of doing that which I would, is as much of the law of nature as preservation is; yet if for reasons seeming good 11. Liberty, which is natu­rally to be preserved, may be departed with. to me, (as to preserve my life when I am justly taken prisoner, I will become a slave; I may doe it without violating the law of nature.) If I pro­pose to my selfe in this SELF-HOMICIDE a grea­ter good, though I mistake it, I perceive not [Page 50] wherein I transgresse the generall law of nature, which is an affection of good, true, or seeming: and if that which I affect by death, bee truely a greater good, wherein is the other stricter law of nature, which is rectified reason, violated?

SECT. III.

Another reason which prevailes much with me and delivers it from being against the Law of 1. That can­not be against Law of Na­ture, which men have ever affected; if it be also, (as this is) against sen­sitive Nature, and so want the alluremēts of other sins. nature, is this, that in all ages, in all places, upon all occasions, men of all conditions, have affect­ed it, and inclin'd to doe it. And as De Subtil. lib. 5. Gardan sayes it, [Mettall is planta sepulta, and that a Mole is Animal sepultum.] So man, as though he were Angelus sepultus, labours to be discharged of his earthly Sepulchre, his body. And though this may be said of all other sinnes, that men are pro­pense to them, and yet for all that frequency, they are against nature, that is rectifyed reason, yet if this sinne were against particular Law of nature, (as they must hold, which aggravate it by that circumstance,) and that so it wrought to the destruction of our species, any otherwise then intemperate lust, or surfer, or incurring pe­nall Lawes, and such like doe, it could not be so generall; since being contrary to our sensitive nature, it hath not the advantage of pleasure and delight, to allure us withall, which other sinnes have.

And when I frame to my selfe a Martyrologe [Page 51] of all which have perished by their own meanes 2. There are not so many examples of all other ver­tues, as of this one degree of Fortitude. for Religion, Countrey, Fame, Love, Ease, Feare, Shame; I blush to see how naked of followers all vertues are in respect of this fortitude; and that all Histories afford not so many examples, either of cunning and subtile devises, or of for­cible and violent actions for the safeguard of life, as for destroying.

Petronius Arbiter who served Nero; a man of Petr. Arbiter. pleasure, in the office of Master of his pleasures, upon the first frowne went home, and cut his Veines. So present and immediate a step was it to him, from full pleasure to such a death.

How subtilly and curiously Attilius Regulus Attil. Regulus. destroyed himselfe? Wo being of such integri­tie, that he would never have lyed to save his life, lyed to lose it; falsely pleading, that the Carthaginians had given him poyson, and that within few dayes he should dye, though he stay­ed at Rome.

Yet Codrus forcing of his death, exceeded this, Codrus. because in that base disguise he was likely to perish without fame.

Herennius the Sicilian, could endure to beat Herennius. out his own braines against a post; and as though he had owed thanks to that braine which had given him this devise of killing himselfe, would not leave beating, till he could see and salute it.

Comas who had been a Captaine of theeves, Comas. when he came to the to ture of examination, scor­ning all forraigne and accessorie helps to dye, [Page 52] made his owne breath, the instrument of his death, by stopping and recluding it.

Annibal, because if hee should be overtaken Annibal. with extreame necessitie, he would be behol­den to none for life nor death, dyed with poy­son which he alwaies carryed in a ring.

As Demosthenes did with poyson carryed in a Demosthenes. penne.

Aristarchus when he saw that 72 yeares, nor Aristarthus. the corrupt and malignant disease of being a se­vere Critique, could weare him out, sterved him­selfe then.

Homer which had written a thousand things, Homer. which no man else understood, is said to have hanged himselfe, because he understood not the Fishermens riddle.

Othryades who onely survived of 300 Cham­pions, Othryades. appointed to end a quarrell between the Lacedemonians and Athenians, when now the lives of all the 300 were in him, as though it had been a new victory to kill them over again, kill'd himselfe.

Democles, whom a Greeke Tyrant would have Democles. forced, to show that he could suffer any other heat, scalded himselfe to death.

P [...]rtia, Cato's daughter, and Catulus Luctatius P [...]rtia. Luctati [...]. sought new conclusions, and as Quintilian calls them, [Nova Sacramenta pereundi,] and dyed by Declam. 17. swallowing burning coales.

Poore Terence because he lost his 108 transla­ted Terence. Comedies, drown'd himselfe.

[Page 53] And the Poet Labienus, because his Satyricall Labienus. Bookes were burned by Edict, burnt himselfe too.

And Zeno, before whom scarce any is pre­ferr'd, Zeno. because he stumbled, and hurt his finger against the ground, interpreted that as a Summons from the earth, and hang'd himselfe, being then almost [...]oo yeares old. For which act, Dioge­nes Laertius proclaimes him to have been [Mi­ra falicitate vir, qui incolumis, integer, sine Morbo excessit.]

To cure himselfe of a quartane, Portius Latro Por. Latro. killed himselfe.

And Festus, Domicians Minion, onely to hide Festus. the deformity of a Ringworme in his face.

Hippionas the Poet rimed Bubalus the Painter Hippionas. to death with his Iambiques.

Macer bore well enough his being called into question for great faults, but hanged himselfe Macer. when hee heard that Cicero would plead against him, though the Roman condemnations at that time inflicted not so deep punishments.

And so Cessius Licinius to escape Cicero's judge­ment, Licinius. by choaking himselfe with a napkin, had (as Tacitus calls it) precium festinandi. You can Annal [...]ib. [...] scarce immagine any person so happy, or mise­rable, so repos'd or so vaine, or any occasion either of true losse, or of shamefastnesse, or fro­wardnesse, but that there is some example of it.

Yet no man, to me seemes to have made har­der shift to dy, then Charondas, who first having Charondas. [Page 54] made a new law, that it should be death to en­ter the Counsell Chamber armed, not onely offended that Law, but punished it presently by falling upon his sword.

But the generall houre of such death 3. Of the Ro­mane Gladia­tors in great persons, and great numbers is abundantly expressed, in those swarmes of the Roman Gladiatory Champions, which, as L: 1. cap. 12. de Gladiator. Lipsius collects, in some one month cost Eu­rope 30000 men, and to which exercise and pro­fusion of life, till expresse Lawes forbade it, Idem. l. 2. cap. 3. not onely men of great birth, and place in the State, but also women coveted to be admit­ted.

By Eleazars Oration recorded in De bell. Ju­dai. l. 7. c. 28. Jose­phus, we may see how small perswasions mo­ved men to this. [Hee onely told them, that the 4 Small per­swasions drew men to it. Philosophers among the Indians did so. And that we and our children [...]ere borne to dy, but neither borne to serve.]

And we may well collect, that in Caesars time, in France, for one who dyed naturally, there dy­ed 5 By the Sol­durii in France it may be ga­thered, that more dyed so, then naturally. many by this devout violence. For Lib. 3. com. Bell. Gall. hee sayes there were some, whom he calls Devotos, and Clientes, ( Tholosa. Synt. lib. 14. cap. 10. N. 14. the latter Lawes call them Soldurios) which enjoying many benefits, and commodities, from men of higher ranke, alwaies when the Lord dyed, celebrated his Funerall with their owne. And Caesar adds, that in the memorie of man, no one was found that ever refused it.

Which devotion I have read some where con­tinues [Page 55] yet in all the wives in the Kingdome of 6. Wives in Bengala doe so yet. Bengala in the Indies.

And there not onely such persons, as doe it in 7. The Sama­naei which were Priests in the Indies used to doe it. testimony of an entire dependency, and of a gra­titude, but the Porphyr. de Abstin. antiq. Samanaei, (which did not inhe­rite Religion, and Priesthood, and wisedome, as Levites did amongst the Jewes, and the Gymnoso­phists amongst them, but were admitted by electi­on, upon notice taken of their sanctity) are sayd to have studied wayes how to dye, and especially then when they were in best state of health. And yet Heurnius de philosoph. Bar­bar. l. 2. ca. 2. these Priests whose care was to dye thus, did ever summe up, and abridge all their precepts into this one, Let a pious death determine a good life. Such an estimation had they of this manner of dying. Panegyr. Theodosio. How pathetically Latinus Pacatus ex­presses the sweetnesse of dying when we will; 8. Lat. Pacat. expresseth this death patheti­cally. [Others, sayth he, after the conquest, making a bra­ver bargaine with Destiny, prevented uncertaine death by certaine; and the slaves scaped whipping by strang­ling. For who ever fear'd, after there was no hope [...] Or who would therefore for beare to kill himselfe, that a­nother might? Is anothers hand easier then thine own? Or a private death fouler then a publique? Or is it more pain [...] to fall upon thy sword, and to oppresse the wound with thy body, and so receive death at once, then to di­vide the torment, bend the knee, stretch out the necke; perchance to more then one blow?] And then won­dring why Maximus, who had before murdered Gratia [...], and was now suppressed by Theodosius, had not enjoyed the common benefit of killing [Page 56] himselfe, he turnes upon Gratian, and sayes, [Thou Reverend Gratian, hast chased thin [...] Executioner, and would'st not allow him leasure for so honest a death, least he should staine the sacred Imperiall robe with so i [...] ­pious bloud, or that a Tyrants hand should performe thy revenge, or thou bee beholden to him for his owne death.] And with like passion speakes another Panegyrique to Constantine, who after a victorie, tooke their swords from the conquered, Ne quis incumberet dolori. By which language one may see, how naturall it was to those times, to affect such dispatch.

And in our age, Matal. Metel. praefat. in hist. Osorij. when the Spaniards exten­ded that Law, which was made onely against the Canibals, that they who would not accept Chri­stian Religion, should incurre bondage; the Indi­ans 9. How the Spaniards cor­rected this na­turall desire in the Indians. in infinite numbers escaped this by killing themselves; and never ceased, till the Spaniards by some counterfeitings made them thinke, that they also would kill themselves, and follow them with the same severity into the next life.

And thus much seeming to me sufficient, to de­feate that argument which is drawen from Selfe­preservation, and to prove that it is not so of parti­cular law of Nature, but that it is often trans­gressed naturally, wee will here end this second Distinction.

SECT. I.

AFter this when men by civ [...]litic and mutuall use one of another, became more thrifty of themselves, and sparing of their lives, this solem­nity of killing themselves at funeralls wore out Sylvius Com. ad leg. reg. c. 24. and vanish'd; yet leysurely, and by unsensible dimunitions. 1 After civi­lity and chri­stianity quen ched this natu­rall desire, in the place ther­of, there suc­ceeded a thirst of Martyr­dome. [For first in shew of it, the men wounded themselves, and the women scratch'd and de­faced their cheekes, and sacrific'd so by that aspersion of blo [...]d. After that, by their friends graves they made graves for themselves, and entred into them alive, (as Nunnes doe when they renounce the world.) And after 2 How lei­surely the cu­stome of kill­ing at funerals wore out. in show of this show, they onely tooke some of the earth, and were it upon their heads: and so for the publique benefit were content to forfeit their custome of dying]

And after Christianitie, which besides the ma­ny 3 Moses deli­vered, and the philosophers saw the state of the next life, but un­perfectly. advantages above all other Phylosophies, that it hath made us clearely to understand the state of the next life: which Moses and his followers (though they understood it) disguis'd ever under earthly rewards, and punishments; either because humane nature after the first fall, till the restituti on and dignification thereof by Christ, was ge­nerally incapable of such mysteries, or, because it was reserved to our blessed Saviour to inter­pret and comment upon his owne Law, and that [Page 58] great successive Trinity of humane wisedome, Socrates, Plato, and Aristotle, saw but glimmering­ly and variously; as also for matters of this life, the most Stoick and severe Sect that ever Cast bri­dle upon mankind, I say, after Christianity had quench'd those respects of fame, ease, shame, and such, how quickly naturally man snatch'd and embraced a new way of profusing his life by Mar­tyrdome?

SECT. II.

For whil'st the famous acts, or famous suffrings of the Jewes, for defence even of Ceremonies, 1 That this was for the most part in­sinuated into men by Naturall rea­sons, and much upon humane re­spects. (many thousands of them being slaine, onely be­cause they would not defend themselves upon the Saboth;) And whil'st the custome of that Nati­on ever embrued in sacrifices of blood, and all, most of all other Nations devout and carnest e­ven in the immolation of men. And whil'st the example of our blessed Saviour, who chose that way for our Redemption to sacrifice his life, and profuse his blood, was now fresh in them, and govern'd all their affections, it was not hard for their Doctors even by naturall reasons, and by Stromat. l. 4. examples to invite, or to cherish their propens­nesse to Martyrdome.

Clement therefore when h [...] handles this point, scarce presents to them any other argument then 2 So procee­ded Clement. naturall men were capable of, and such food, and such fuell, as would serve the tast and fer­vour [Page 56] of such an one as were not curious above Nature. As, that Death was not naturally e­vill: That Martyrdome was the beginning of another life. That the Heathen endured grea­ter paines for lesse reward. That a Barbarous people immolated every yeare a principall Phi­losoper to Xamolxis an Idol; and they upon whom the lot fell not, mourn'd for that. And with most earnestnesse that Martyrdome is in our owne power: which be arguments better pro­portioned to Nature, then to Divinity; and therefore Clement presumed them men inclined, or inclinable by nature to this affection.

Tertullians Reasons are somewhat more sub­lime; L. cont. Gnostic. yet rather fine, and delightfull, then sol­lid 3. So did Ter­tullian. and weighty; As, That God knowing man would sin after Baptisme, provided him, Secun­da solatia, lavacrum Sanguinis: That the death of Saints, which is said to be precious in Gods sight, cannot bee understood of the naturall death common to all: And that from the be­ginning in Abel righteousnesse was afflicted. And these reasons were not such as would have entred any, in whom a naturall inclination had not set open the gates before.

Cyprian also takes the same way; and insists Lib. de exhort. Martyrii ad fortunatum. So did Cyprian. upon application of Prophecies of these two sorts; That they should bee despised in this world, and that they should be rewarded in the next.

To these were added externall Honours,

[Page 60] Tertul. de Co­rona Milit. Annuall celebrating their Memories, and entitling their deaths, Natalitia; And Damasc. & Platin. that early instituting of the office of Notaries to re­gulate 4 Externall Honours to Martyrs. their passions, even i [...] Clemens time; And Hadr. Junius in Eunapii vita the proposing their Salita capita to bee wor­shipped; which word (though Eunapius speake it prophanely) was not undeserved by the gene­rall 5 Monopolie of Martyrdom misuse of such devotion.

And Fevardentius l. 8. c. 13. Baron. Martyr. cap. 0. after the Monopoly of appropria­ting Martyrdome, and establishing the benefit thereof upon them onely which held the inte­gritie of faith, and were in the unity of the Church; of which persuasion Augustine, and Hierom, and most of the Ancients are cited to be; and then by continuall increasing the dignity and merit of it, as that Carbo. Cas. Cons. To. 2. pa. 2. c. 6. ex opere operato, it purged actuall sinne, as Baptisme did originall; And De poeuiten. Dist. 1. Si qui autē. Ex Aug. de poenitent. that without Charitie, and in Schisme, though it merited not salvation, yet it diminished the intensnesse of Damnation.

And by these they incited mans nature to it, 6 Gods pu­nishments up­ [...]n their perse­cutors, encou­raged men to Martyrdome. which also might be a little corruptly warmed towards it, by seeing them ever punisht who afflicted them, for so Ad Scapulam. Tertullian saies, that [no City escaped punishment, which had shed Christi­an bloud.] 7. Extending priviledges of Martyrs to many.

After this, they descended to admit more in­to their fellowship, and communicate and ex­tend these p [...]iviledges: for by such indulgence are Aug. Epist. ad Hieron. 28. De Nat. & Orig. Anim. Herods Infants Martyrs: So is John Baptist, though he dyed not for a matter of Chri­stian [Page 61] faith: So Aph [...]ris: E­man. Sa. verbo Martyr. is he which suffers for any vertue, and he which dyes in his mothers womb, if she be a Martyr. Tho. 22 r q. 124. ar. 4. ad quart. And so is he which be­ing for Christian profession wounded deadly, re­covers: and hee which being not deadly woun­ded, dyes after of sicknesse contracted by his owne negligence, if that negligence amounted not to mortall sinne.

So not onely the sickly and infirme succee­ding 8. Contrary reasons chee­rished this de­sire in them. Ages, but even the purest-times did cherrish in men this desire of death, even by contrary rea­sons; both which notwithstanding by change of circumstances, had apparance of good. For as fire is made more intense, sometimes by sprink­ling water, sometimes by adding fuell. So when 9 Cyprian Li­bellatici. Com­pounders with the State. their teachers found any coolenesse or remisse­nesse in them, and an inclination to flight, or composition with the State, then Serm [...] de lapsis. Cyprian noted such with the ignominy of Libellatici, because they had taken an acquittance of the State, and sayes of them [Culpa minor sacrificatorum, sed non innocens cons [...]entis.]

And then De suga. pr [...] ­positio, 2. Terrullian equally infames fly­ing away, and such marchandizing, when hee sayes, [Persecution must not be redeemed; for run­ning 10 Ter [...]llian condemnes flying in per­secution. away is a buying of your peace for nothing, and a buying of your peace for money is a running away.]

And then we shall finde that even against the 11 Death be­came to bee held necessary to make one a Martyr. nature of the word Martyre, it became the common opinion, that death was requisite and necessarie to make one a Martyr.

[Page 62] So in Hist. l. 5. 6. 2. Eusebius, the Christians though af­flicted, modestly refuse the name of Martyrs, and professe that they have not deserved it, ex­cept they may be kill'd.

Contrary wise in other times when the dis­ease 12. In times when they ex­ceeded in dis­creet exposing themselves, they taught that Martyres might be with­out dying. of head-long dying at once, seemed both to weare out their numbers, and to lay some scandall upon the cause, which wrought such a desire in men, which understood not why they did it, but uninstructed, uncatechized, yea un­baptized, (but that the charity of the Supervi­vers imputed to them Baptisma fluminis, as they hope, or at least, Sanguinis, for that they saw) did onely, as they saw others doe; Then I say (as Azor. Mor. Inst. p. 2. l. 5. cap. 7. a Learned Writer of our time sayes, [That the Church abstaines from easie Canonizing, Ne vilesceret Sanctit as] (which is not here Holi­nesse, but Saintship) least the dignity of Mar­tyrdome should be aviled by such promiscuous admittance to it, they were often contented to allow them the comfort of Martydome without dying; which was but a returning to the natu­turall sense of the word.

So Ignatius stiles himselfe in his Epistles, Mar­tyr. Ad Polycarp. Yea more then the rest he brought down the value thereof, and the deare purchase, for he sayes Ad Smirnen. [That as he which honors a Prophet in the name of a Prophet, shall have a Prophets reward; So hee shall have a Martyrs reward which honors [vinctum Chri­sti.] And so our most blessed Saviour, proceed­ing in his mercifull purpose of encreasing his [Page 63] Kingdome upon earth, yet permitting the Hea­then Princes to continue theirs as yet, the Christi­an Religion was dilated and oppressed; and the professors thereof, so dejected and worne with confiscations and imprisonments, thought that as in the Exed. 12. 7. Passeover from Egypt every doore was sprinkled with blood; So Heaven had no doore from this world but by fires, crosses, and bloody persecutions: and presuming Heaven to be at the next step, they would often stubbornly or stu­pidly winke, and so make that one step.

God forbid any should be so malignant, so to mis-interpret mee, as though I thought not the blood of Martyrs to be the seed of the Church, or dimi­nished the dignity thereof; yet it becomes any in­genuity to confesse, that those times were affected with a disease of this naturall desire of such a death; and that to such may fruitfully be applyed those words of the good B: Paulinus, Sever [...]. cp. 2. [Athleta non vincit statim, quia eruitur: nec ideo transnatant, quia sespoliant.] Alas! we may fall & drown at the last stroke; for, to say le to heaven it is not enough to cast away the burdenous superfluities which we have long carried about us, but we must also take in a good frayte. It is not lightnesse, but an even-reposed stedfastnesse, which carries us thi­ther.

But De Contempt. mortis. Cyprian was forced to finde out an an­swer 13 Cyprian. profes. Men who offered their lives be­fore they were called. to this lamentation, which he then found to be common to men on their death beds, [Wee m [...]urne because with all our strength we had vowed our [Page 64] selves to Martyrdome, of which we are thus deprived, by being prevented by naturall death.] And Baroni. Mar. 2. Ian. H. for them who before they were called upon, offered themselves to Martyrdome, he is faine to provide the glorious and satisfactory name of Professors.

From such an inordinate desire, too obedient 14 Enforcers of their owne Martyrdome. to nature, proceeded the fury of some Christians Euseb. Hist. l. 8. c. 9. who when sentence was pronounced against others, standing by, cryed out, Wee also are Chri­stians.

And that inexcusable forwardnesse of Germa­nus, Hict. l. 4. c. 14. who drew the beast to him, and enfor­ced 15 Examples of inordinate affecting of Martyrdome. Germanus. it to teare his body; And why did he this? Eusebius delivers his reason; That he might bee the sooner delivered out of this wicked and sinfull life. Which Hist. l. 4. c. 10. acts Eusebius glorifies with this prayse, [That they did them mente digna Philoso­phis] So that it seemes wisest men provoked this by their examples; As Meir. & Iosep. Ioseph. de bel. Iud. l. 7. c. 11. at the burning of the temple at Hierusalem, Meirus and Iosephus, though they had way to the Romans, cast them­selves into the fire. How passionately Ignati. epist. ad Roman. Igna­tius solicites the Roman Christians not to inter­rupt his death. [I feare saith he, your charity will hurt me, and put me to beginne my course again, except you endeavour that it may be sacrificed now. I professe to all Churches; quod voluntarius mo­rior] 16 Ignatius solicitation for it. And after, Blandiciis demulcere feras; entice and corrupt the Beasts to devoure me, and to be my sepulchre, fruar best is, Let me enjoy those beasts, whom I wish much more cruell then they are; and if [Page 65] they will not attempt me, I will provoke and draw them by force] And what was Ignatius reason for this, being a man necessary to those Churches, and having allowable excuses of avoiding it? [quia mihi utile mori est.] such an intemperance urged the woman of Edissa, Nicephor. l. 11. c. 21. when the Emperour Edissenae. Valens had forbidden the Christians one temple, to which particular reasons of devotion invited them, to enrage the Officers with this Contume­ly, when they asked her, why thus squallid, and headlong she dregg'd her sonne through the streets, I do it least when you have slaine all the other Christians, I and my sonne should come to late to partake that benefit. And such a dis­orderly heate possessed that Speculum vinc. To. 4. l. 11. c. 40. old wretched man, which passing by after the execution of a whole legion of 6666, by iterated decimation, un­der Maximianus, although he were answered that they dyed, not onely for resisting the Roman Religion, but the State, for all that, wish't that he might have the happines to be with them, and so extorted a Martyrdome. For that age was growne so hungry and ravenous of it, that ma­ny were baptized onely because they would be burnt, and children taught to vexe and provoke Executioners, that they might be thrown into the fire.

And this assurednesse that men in a full per­swasion 17 Lawes forbidding more executi­ons made to despite Chri­stians. of doing well would naturally runne to this, made Bod. Daemon. l. 4. c. 3. ex Ter­tulli. the proconsul in Africk proclaime, Is there any more Christians which desire to dy, [Page 66] and when a whole multit [...]de by gen [...]rall voice discovered themselves, he bid them [Goe hang and drown your selves and ease the Magistrate.] A [...]d this naturall disposi [...]ion, Alc. 72. Az. afforded Mahomet an arg [...]ment against the Jews, [if your Religion be so good, why doe you not dy?] for our p [...]mitive Chu [...]ch was so enamo [...]ed of death, and so satis­fied with it, that to vex and torture them more, Ex Tert [...]l. Bod [...]. s [...]ra the M [...]gistrate made lawes to take from them the com [...]ort of d [...]ing, and encreased thei [...] per­secu [...]ion by c [...]asing it, for they gloried in their Numbers.

And as in o [...]her w [...]fares men m [...]ster an [...] rec­kon 18 Glory in the nu [...]bers of Martyrs. how m [...]ny they bring into the [...], their confidence of victory was in the multitudes of t [...]em which were lost. So th [...]y adm [...]t into the Catalogue Herods [...]nfants, and the [...] Virgins. And Stecul. Vin. To. 4. l. 10 c. 88. when 9000 Souldiers u [...]der Adrian by apparition of an Angel are said to have embra­ced Christian Religion, and when [...]he E [...]perour sent others to execute them, 1000 of those ex [...] ­cutioners joyn'd to them and so the who [...]e 10000 were crucifi [...]d Supra. so. 66. And of an intirelegion mas­sacred at once we spoke but now. And Baronius Barom. Mart. 22. Iune. speakes of 10000 cr [...]cified in Armenia, celebra­te upon the 22 ^th. of June: whether divers from the [...]0000 under Adrian or no, I have not exa­mined. Homil. 27. in Evangel. Saint Gregory says, [Let God number our Martyrs, for to us they are more in number then then the sands.] And Martyrolog. cap. 8. Baronius saies, That except­ing the first of January, (whic [...] ye [...] in the Rom [...]n [Page 67] Martyrologe records as many, as most other daies) there is no day which hath not 500 Martyres; almost every one hath 900, or 800.

SECT. III.

And when the Church encreased abundantly un­der 1. That He­retiques seeing the dignity gained by Martyrdome, laboured to a­vert them from it, but could not correct this naturall inclination. all these [...] for, As in profane and secu­lar wars, the greater the Triumphs of a [...] are, the greater also are his Armies, because the [...] more and more co [...]cur to his splendor, and to prat [...]ipate his fortu [...]es; So in this spirituall war­fare, t [...]e greater the triumphant Church was, the greate [...] g [...]ew the Militant, assisted both with the Example & [...] of the o [...]her. And when all these treadings downe did but harrow our Saviours field, a [...]d prepare and better it for his Harvest, The bl [...]ud of the [...] (for though, a [...] say still, very many dyed out of a naturall [...] of despis [...]g th [...]s [...], a great number had their di [...]ect ma [...]ke upon the glory of God, and went to it awake) having, as a Lib. 4. cap. 2. N [...]ce­phorus sayes, almost strangled the Devill, hee trye [...] by his two greatest Instr [...]ments, (when they are [...]is) the Magistrate, and the Learned, 2. The Devill labo [...]s the Magistrates to [...] their, d [...]sire of dying to ave [...]t them fr [...]m this inclination.

For, suggesting to the Magistrate that their forwardn [...]sse to dy [...], gr [...]w onely from their faith in the Resurrection, he Specul. Vinc. To. a. cap. 102. lib. 10. procur'd th [...]re bo dyes to be burnt, and their ashes scattered into [Page 68] Rivers, to frustrate and defeat that expectation; And he raised up subtile Heretiques, to infirme and darken the vertue and majestic of Martyr­dome.

Of which the most pestilently cunning Basi­lides, fore­suspecting that hee should not easily Basilides heref. Anno 13 [...]. remove that desire of dying, which Nature had bred, 3. Basilides de­nyed Christ to have been cru­cifyed, & that therefore they dyed madly. and Custome confirmed in them, tryed to remove that which had root onely in their Religion, as being yet of tenderer growth, and more removable then naturall impressions. Ther­fore he offered not to impugne their exposing themselves to death in all cases, but onely said, Alfon. Castr. verb. Martyr. ex Philast. that it was madnesse to dye for Christ, since he, by whose example they did it, was not cru­cified, but Symon who bore the Crosse.

Another Prateolus l. 5. ex Niceph. Heretique, called Helchesar, per­ceiving that it was too hasty to condemne the act of Martyrdome even for Christ, thought 4. Helchesar that outward profession of Religion was not needfull. onely to slacken their desire to it, by teaching, that in time of Persecution, so wee kept our heart at Anchor safe, we were not bound to te­stifie our Religion by any outward act, much lesse by dying.

Which Doctrine the Gnostici also taught, but 5. That also the Gnostici taught, and why they pre­vailed not. prevailed little, both because the contrary was rooted in Nature, and because they accompa­nied this doctrine, with many others, foule and odious even to sense; and because they were resisted by Tertullian, a man mighty, both in his generall abilities, and in his particular and profes­sed [Page 69] earnestnesse to magnifie Martyrdome: And against these he writ his Scorpiacum.

SECT. IIII.

This way giving no advantage to Hereticks, 1. That He­tiques failing herein, tooke naturall ways, of overtaking the Orthodox in Numbers of Martyrs. they let loose the bridle of their owne nature too, and apprehended any occasion of dying as forwardly as the Orthodoxall Christians. And because the other prescrib'd against them, and were before hand with them in number, to redeeme time and overtake them, they constitu­ted new occasions of Martyrdome.

Alf. Castr. ver. Martyrium Petilian against whom St. Aug: writ, taught, 2. Petilian new way of Martyrdom. that whosoever kill'd himself as a Magistrate, to punish a sinne committed before, was a Martyr.

And they who are by Saint Augustine, and others, called Circumcelliones, and Circuitores, (be­cause 3. Another new way of the Circumcelliones & Circuitores. (I thinke) as their Master, they went a­bout to devoure) would entreate, perswade, en­force others to kill them, and frustrated after all those provocations, would doe it themselves, and by their survivors bee celebrated for Mar­tyrs. These were of the To. 2. Ep. 50. Donatists, of whom Saint Augustine sayes, To kill themselves out of respect of Martyrdome, was Ludus Quotidianus Other Hereticks also, whose errors were not about Martyrdome, hastened to it. So the 4. The Cata­phrgyae exceed in Number. Prateolus. Cataphrygae, who erroniously baptizing the dead, Ordaining Women, Annulling second Marriges, and erring in such points, Baron. Mar­tyr. C. 10. could soone boast of their number of Martyrs; per­chance [Page 70] because Tertullian being then on their part, they found him, as he was wheresoever hec me, a hot encourager of men to Martyrdome. It is complain'd in Hist. l. 5. c. 15 Euse [...]ius, that Heretiques see­ing their arguments confuted, fled [...]ow to their number of Martyrs, in wh [...]cn they pretended to exceed the others. And from their numbers of Martyres, Baron. Mar­tyrol. ca. 10. Ex Epiph. Haer. 80 the Euphenita called themselves Martyrians. And thereupon Schul [...]ingius, To. 3. ca. 177. 10. Euphemitae therefore cal­led Martyrians Baro [...]us saies, [Amongst the heath [...]n, perchance you may heare, and the e [...]fina one Emped [...]cles, which will burne himself, but amongst the Donat [...]sts, Hominum examina.]

SECT. V.

So that the authoritie gained by their forward­nesse 1. Hereupon Councels took it into their care to distin­guish true Martyrs, from those who dy­ed for naturall and humane respects. a Conc. Laodic. Can. 33. to equall the number of true Martyrs, w [...]s so great, and began so farre to perplex the world, that some Councels foreseeing, that if both sides did it equally, it would all be imp [...]ted to hu­mane respects, began to take it into their care to provide against it. And th [...]reupon Coun­cell exhibites an expresse Canon. That no Chri­stian leaving true Martyrs, should goe to false, [...]uia alteni à D [...]o. And Conc. Carth. 1. C. 2. another corrects the other H [...]esie of diminishing the reputation of Martyrs thus, Martyr [...]m dignitatem nemo pro­fanus infamet.

SECT. VI.

Thus when the true Spirit of God drew ma­ny, 1 Therefore later Authors do somewhat remit the Di­gnity of Mar­tyrdome. the spirit of Contention m [...]ny, and other naturall infirmities more, to expose themselves easily to death, it may well be thought, that from thence the Au [...]hors of these lat [...]er Ages; have somewhat remitted the intensn [...]sse of Mar­tyrdome, and mingled more all [...]yes, or rather more m [...]tall, and not made it of so great valu [...] alone, as those earnest times did: for since 2 [...]. q. 124. ar. 3. Saint [...]homas said, [That though Martyrdome be a worke of greatest perfection, yet it is not of it selfe, but as it is wrought by charity, and expresses that]

Vasquis De Adorati­one l. 1. N. 42. [...] Cord [...]bensis for saying that it is any worship of God: [...]or [it is not sayes he, a Sacrifice nor worke of Religion, but of fortitude, which is but a morall virtue] Therefore it is now Navar. Man. c. 1. Nu. 40. taught, [that it is a mortall sinne to provoke an­other to inflict Martyrdome.] And Carbo. Cas. Cons. To. p. 2. c. 6. a Martyr, (though [...] purge much) is bound to clense himselfe by everv one of the Deg [...]ees of penance, for saith Ca [...]bo, [it is not Sacramen­tum, but opus [...].] So they seeme tender and [...] by addition of [...] inc [...]e­ments, to cherish or further that [...] of dying, to which by reason of our [...], and this worlds encumbrances, our nature is too pro­pense 2 The Iesuits still professe an enormous love to such death. and inclined.

Onely the Iesuits boast of their hunting out of [Page 72] Martyrdome in the new worlds, and of their rage till they finde it. Clarus Bo­narsicus Amphi­theat. Hono. l. 1. [...]. 4. He which hath brought them all upon one Scene, saies that [Altonsus Castro at his execution in the Molucca, was so overjoyed that he forgot his modesty: [Rapi­mus Martyrium, sayes he, spontanea irruptione,] And [one would think that it were a disease in us,] [Which we doe, least the rest of our life should be Meritis sterile, & gloria vacuum] [we bargaine and contract with our profession, upon that Condition, that we may prodigere animas in hostili ferro;] [And we possesse no more, then such small matters as onely serve to cut off our life.] So that, if this desire of dying be not agreeable to the nature of man, but against it, yet it seemes that it is not against the nature of a Iesuite. And so we end this Di­stinction, which we purposed onely for the con­sideration of this desire of Martyrdome, which swallowed up all the other inducements, which, before Christianity contracted them, tickled and inflamed mankinde.

SECT. I. 1 Lawes and customes of well policed estates having admitted it, it is not likely to be against law of Nature.

THere remaines onely for the fourth and last Distinction of this first part, our reason by which this SELF-HOMICIDE seemes to me to [Page 73] escape the breach of any Law of Nature, which is, that both expresse literall Lawes, and mute Law, custome, hath authorized it, not onely by suffering, and connivency, but by appointing it.

And it hath the countenance not onely of 2 True and Idaeated com­mon-wealths have allowed it. many flourishing and well policed states, but also of Imaginary Common-wealths, which cun­ning Authors have Idaeated, and in which such enormous faults are not like to be admitted. Amongst the Athenians condemned men were At benians. their own executioners by poyson. And amongst the Romans often by bloodlettings. And it is Romans. recorded of many places, that all the Sexagenarii, Depontum. were by the lawes of wise States, precipitated frō a bridge. Of which, if Hierogliph. l. 17. Pierius his conjecture be true, that this report was occasioned by a custome in Rome, by which men of that age were not admitted to surffage; And because the way to the Senate was per pontem, they which for age were not permitted to come thither, Ceans. were called Depontani, yet it is more certaine, that Aelianus. l. 3. cap. 26. amongst the Ceans unprofitable old men poysoned themselves; which they did crown with garlands, as triumphers over humane mi­sery. And the Diod. Sicul. l. 2. bib. Aethiopians. Ethiopians loved death so well, that their greatest Malefactors being condemned to banishment, escaped it Ordinarily by killing themselves. Dig. l. 48. tit. 3. leg. final. The civill law, where it ap­points no punishment to the delinquent in this 3 Civill law and all others, presume it, in condemned men. case, neither in his estate nor memory, punishes [Page 74] a keeper, if his prisoner kill himselfe; out of a prejudice, that if meanes may be afforded them, they will all doe so.

And do not we see it to be the custome of all Nations now, to manacle and disarme condem­ned men, out of a fore-assurance that else they would escape death by death? Vtop. l. 2. c. de servis. Sir Thomas Moore (a man of the most tender and delicate conscience, that the world saw since Saint Au­gustine 4 In Vtopia authorised.) not likely to write any thing in jest mis­chieuously interpretable, sayes, That in Vtopia, the Priests and Magistrates did use to exhort men afflicted with incurable diseases, to kill themselves, and that they were obeyed as the interpreters of Gods will; But that they who killed themselves without giving an account of their reasons to them, were cast out unburied. And De leg. 9. Plato who is usually cited against this 5 And by Plato in cer­taine cases. opinion, disputes in it, in no severer [...]ashion, nor more peremptory then thus, [What shall we say of him, which kills his nearest and most deare friend? which deprives himselfe of life, and of the purpose of destiny? And not urged by any Sentence, or Heavy Misfortune, nor extreame shame, but out of a coward­linesse, and weaknesse of a fearfull minde, doth un­justly kill himselfe? What Purgatory, and what buriall by law b [...]longs to him, God himselfe knowes. But let his friends inquire of the Interpretors of the law, and doe as they shall direct.] You see nothing is delivered by him against it, but modestly, limi­tedly, and perplexedly.

[Page 75] And this is all which I will say of the first 6 Conclusion of the first part. member of that definition of sinne which I undertooke, which is, transgressing of the Law of Nature. Wherein I make account that I have sufficiently delivered and rescued this Selfe-ho­micide, from any such violating of the Law, as may aggravate the fact, or make it hainous.

SECT. I.

THat part of the Definition of sin, which wee received for the second place, is, 1. That the law of reason, is, conclusi­ons drawne from pri­mary rea­son by dis­course. That it be against the Law of Reason; where, if we should accept Reason for Recta Ratio, (especially primarily, and originally,) it would be the same as Law of Nature. Therefore I ra­ther choose to admit such an acceptation thereof, as may bring most doubts into disputation, and so into clearenesse.

[Page 76] Reason therefore in this place shall signifie con­clusions drawne and deduced from the primary Reason, by our discourse and ratiocination: And so sinne against reason, is sinne against such argu­ments and conclusions as may by good conse­quence be de [...]ived from primary and originall Reason, which is light of nature.

This primary reason therefore, against which 2. How much strength, Rea­sons deduced have. none can plead lycense, law, custome, or pardon, hath in us a soveraigne, and masculine force; and by it, through our Discourse, which doth the motherly office of shaping them, and bringing them forth and up, it produces conclusions and resolutions.

SECT. II.

And as in earthly Kingdoms, the Kings chil­dren, 1. Of this sort of Reasons, generall lawes have the grea­test authority. and theirs, and their race, as farre as we may reasonably presume any tincture of blood, have many priviledges and respects due to them, which yet were forfeited if there appeared any bastardy or interruption of lawfull descent from that roote; And though these respects and ob­sequiousnesse, belong to them as they are pro­pagated from that roote, and as some sparks of that Soveraignty glimmer in them, yet their Servants and Officers take them where they finde them, and consider them onely as Dukes, or Lords, and possessors of patrimoniall estates, but every mans heart and allegeance is directed [Page 77] and fastned upon the Prince, and perchance a step or two lower, with a present and immed ate relation to the father, and what they have from him. So whē from those true propositions, which are the eldest children and issue of our light of Nature, and of our discourse, conclusions are produced, those conclusions also have now the Nature of propositions, and beget more; and to all these there belongs an assent and submission on our parts, if none by the way have beene corrupted and bastarded by fallacy. And though (as in the other case) men of a weake dispositi­on, or lazey, or flattering, looke no farther into any of these propositions, then from whose mouth it proceeds, or what authority it hath now, not from whence it was produced, yet upon the heire apparent, which is, every necessary consequence from naturall light, every mans re­solution is determin'd, and arrested by it, and sub­mitted to it. And though humane lawes, by which Kingdomes are policed, be not so very neare to this Crown of certaine Truth, and first light, (for if they were necessary consequences from that law of nature, they could not be contrary in di­vers places and times, as we see lawes to be) yet I doe justly esteeme them neerer, and to have more of that bloud royall in them, then the reso­lutions of particular men, or of Schooles.

Both because it is of the essence of all humane 2. For that is of there es­sence that they agree with law of Nature. law, that it agrees with nature, (I meane for the obligation in interiori fore, without which a law [Page 78] hath no more strength, then an usurper, whom they which obey, watch an oportunity to dispos­sesse.)

And because Assemblies of Parliaments, and 3. And there is better testi­mony of their producing, then of private mens opinions Councels, and Courts, are to be presumed more diligent for the delivery and obstetrication of those children of naturall law, and better witnesse that no false nor supposititious issue be adm [...]t­ted, then any one man can be. For Dig. l. 1. tit. 3. le. 1. lex est. the law is therefore well call'd Communis Reip. sponsio, be­cause that word signifies as well, that, to which they have all betroth'd themselves, as, the securi­tie and stipulation which the State gives for eve­ry mans direction and assurance in all his civill a­ctions. Since therefore we have in the first part throughly examined, whether this Selfe homi­cide be alwayes of necessitie against the law of na­ture, it deserves the first consideration in this se­cond part, to inquire how farre humane Lawes have determin'd against it, before wee descend to the arguments of particular Authors, of whatso­ever reverence or authoritie.

SECT. III.

And because in this disquisition, that law hath 1. Of lawes, the Imperiall law ought first to be conside­red. most force and value, which is most generall, and there is no law so generall, that it deserves the name of Jus gentium; or if there be, Dig. l. 1. T. 1. le. 9. omnes. it will bee the same, (as wee said before) as Rocta Ra­tio, and so not differ from the law of Nature.

[Page 79] To my understanding, the Civill or Imperiall law, having had once the largest extent, and being 2 The reason of that law is not abolished, but our de­pendency up­on it. not abandon'd now, in the reason, and essence, and nature thereof, but onely least the accepting of it should testifie some dependencie upon the Empire, we owe the first place in this considera­tion to that Law.

This therefore which we call the Civill Law, 3 Why this is called civill Law. (for, though properly the Municipall Law of e­very Nation be her Civill Law, yet Romes Em­perors esteeming the whole world to be one Ci­ty, as her Bishops doe esteeme it one Diocesse, the Romane Law hath wonne the name of Civill 4 Of the vast­nes of the books from whence it is concocted, and and of the ex­tent thereof. Law, being a Iustinian. ep. ad Trebonian. decoction and composition of all the Regall Lawes, Dec [...]ees of the Senate, Plebe­scites, Responsa Prudentum, and Edicts of Emperors, from 1400. yeares before Justinian, to so long time after, as the Easterne Emperors made them authentique; being of such largenesse, as Iustinian cpi. ad DD. de Jur. docend. arte. Iustinians part thereof consists of 150000. of those distinctions which he calls verses, and is the summe and marrow of many millions, extra­cted from 2000. Volumes.

This Law which is so abundant, that Wind. Theo­log. Iur. almost all the points controverted betweene the Romane and the reformed Churches, may be decided and appointed by it. This Law, I say, which both by 5 Nothing in this law against our case. penalties, and Ana [...]hemaes, hath wrought upon bodies, fortunes, and consciences, hath pronoun­ced nothing against this Selfe-homicide, which we have now in disputation.

[Page 80] It is true that of Adrian the Emperor, who was 6. Of the law of Adrian. about 120. yeares after Christ, we finde one Re­script, in the body of the Law, [ Dig. lib. 48. tit. 19. le. 38. Si quis aliquid. § Qui miles. That if a Souldier do attempt to kill himselfe, and not effect it, except he offred it upon impatience of griefe, or sicknesse, or sorrow, or some other cause, capite plectatur.] Which Rescript is repeated againe in another Dig. lib. 49. tit. 10. le. 6. Omne deli­ctum. Title, and there (though the other generall clause, or some other cause, might seeme to have reach'd farre inough,) are added especially for excusing causes, [wearinesse of life, madnesse, or shame.] You see with what moderate gradations this Law proceeded, which being (as it seemes) to contend and wrestle with a thing customary, and naturally affected, extends not at all to punish it when it is done, as in many other crimes the Lawes doe, by confiscation, and by condemning the memory of the delinquent, and ignobling his race.

Nor embraces it all manners of doing it; (yea scarce any, considering how benignly, and favo­rably penall Lawes are to be interpreted:) Nor overtakes it all men, but onely such as being of present use, as well much disadvantage might grow to the Army, if sodainly any numbers of them should be suffered to turne upon this natu­rall and easie way of delivering themselves from painfull danger, as much dammage to the State, if those men matriculated for Souldiers, to whom there belong'd by the lawes, as many priviledges and immunities under the Romane Emperors, as e­ver [Page 81] did to the Clergy under their Romane Bishops, after they had thus maym'd themselves, and de­frauded the State of their service, should by this inh [...]rent character of Souldiership, enjoy all those advantages, which those Lawes afforded them.

There is Dig. l. 48. tit. 21. le. 3. Qui rei. one law more in the body of the Civill Law, which seemes to reach farther, be­cause it binds not it selfe to any one condition of men; which is, [That if a man already accus'd, or 7 Of the other law for guilty men. taken in the manner, for any such crime, upon which his goods should be forfeited upon conviction, kill himselfe before judgement, his goods shall be forfeit;] else nor. For the Law addes her opinion of the fact. [Non facti celeritas est obnoxia, sed conscientia metus] And proceeds, [Qui causam mortis habet, habeat successo­rem.] So that that Law presumes there are just causes to worke such an effect. And upon the con­sideration of this Civill Law, I determin'd to be­stow this first Distinction.

SECT. 1.

THat which they call the Canon Law is of larger extent then this; for it reaches to bind 1 Of the Ca­non Law. the Princes themselves, at least by their accepta­tion and submission to it.

[Page 82] And as the subject of it, is greater, being peo­ple 2 The largnes of the subject, and object thereof. and Prince; so is the object, being the next and eternall life. Yea it is so vast and undetermin'd, as we know not in what books to seeke the limits thereof, nor by what rules to set the land-marks of her jurisdiction.

For, (for the booke,) it is evident that the Pri­mitive 3 Of Codex Canonum; or the body of the llaw, in use in the primi­tive Church. Church had Codicem Canonum, which was inserted into the body of the Romane Law, and had no other subfistence, but as it was incorpora­ted there. Thereupon Dist. 10. certum est. Gelatius writes to The­odorus the Goth, King of Italy, to intreat him, that as by his authoritie the Romane Law was observed in Civill matters, so it might be still in Ecclesia­stique. And after the expulsion of the Goths, Dist. 10. vestr [...]. Leo 4. intreated and obtained the same from Lotharius. From this Codex Canonnm; the Empe­rors determined and decreed in many Ecclesia­stique causes; From this Codex the Councels after were governed in making their Canons: as wee may see particular Canons of this Booke cited, the booke being often call'd for in the Councels, and being then ordinarily named, The body of the Canon Law. This body consisted of the Canons of nine Councels authorized by the Emperors.

But for those immense additions growne to it 4 Of the Ad­ditions to this Codex. since that time, of Bulls, and Decretall Letters of Popes, Decrees of suspitious and partiall and S [...]hismatick Councels, (for nothing is more pro­perly Schisme, and Solutio continui, than a rent be­tweene the Civill and Ecclesiastique State; which [Page 83] occasion'd many of the later Councels,) the rags of Fathers decerpted and decocted by Gratian, and the glosses of these made also as authentique as the Text. I perceive not what title they have to bee of the body of the Canon Law, except where the Princes have incorporated and deni­zen'd them.

But least to quarrell with their authority now, might seeme in us a subter-fuge and shift to de­cline them, as though they were heavy against us, in this point which we have now in hand; wee will accept them as they are obtruded, and dis­semble nothing, which in them seemes to resist this opinion, though in common entendment this law is likely to be severe against it, because the 5 Canon law apter to con­demne then Civill, and why. civill lawes content themselves ever with any excuse or colour in favour of the Delinquents, because when a fault is proved it punishes se­verely, but Paleotus de nothis c. 19. the Canon Lawes which punish onely medicinally, and for the soules health, are apt to presume or beleeve a guiltinesse, upon light evidence, because those punishments ever worke good effects, whether just or no.

SECT. II.

And first because heresie which is laesa Majestas Divina, of all crimes is the principall object of 1 That this proposition is not hereticall. that Court, I say, that this proposition, is not by any thing extant in the Canon law, (and there­fore not at all) hereticall, allowing to them their [Page 84] largest definition of heresie; which is, Simancha Enchirid. Iud: tit. 24. nu. 2. [Any thing which is against Catholique faith, that is Scri­ptures rightly understood; Or the traditions and defi­nitions of the Church, or generall Councells lawfully 2 A large de­finition of he­resie. gathered, or definition of the sea Apostolique, or the common opinion of Fathers, in a matter of faith.] The proposition may perchance seeme to some so ill qualified, as it may be male sonans, or teme­raria, or perchance sapiens heresis, for all these proceed from the indisposition and distempred taste of the apprehendor, which must not alwaies be idly flattred and pampred, but invited to the search and discovery of truth, who else being the greatest Prince in the world, should have no progresse, but be straightned in a wretched cor­ner. First therefore, (to cast a glance upon every part of the definition of heresie) whether it be against the Scriptures rightly understood or no will be more properly and naturally examined, when we come to the last part, which is of Di­vine law.

Next, there is no tradition nor definition of 3 No defini­tion of the Church in the point. the Church in the point at all, much lesse as of a matter of faith, which is the second limbe of the definition. 4 Nor Canon

No decree of any generall Councell. No 5 Nor Bull. rescript or Bull of any Pope. And for the com­mon opinion of the Fathers (besides that it can 6 Of the co­mon opinion of Fathers, how it varies in times and places. be no safe rule, because Moral. Instit. to. 1. l. 2. c. 13. as [Azorius notes, Controverters often say on both sides, this is the com­mon opinion; And certainely that is the common opi­nion [Page 85] in one Age which is not in another; yea, in one Kingdome at the same time, which is not in another, though both be Catholik: As in Germany and France, by the common opinion Latreia is not due to the Crosse, in Spaine by the common opinion it is,] it cannot appeare, by the Canon law, that this is the common opinion of the Fathers; for 23. q. 5. Gra­tian who onely of the Compilers of the Canon 7 Gratian cites but two fathers, one of which is of our side. law toucheth the point, (as farre as either my reading or search hath spied out) cites but two Fathers, Augustine, and Hierome. Whereof the latter is of opinion, that there may be some cause to do it. But in the Canon law I finde no words, not onely to lay the infamous name of heresie upon it, but that affects it with the mark or stile of sinne, or condemnes the fact, by in­flicting any punishment upon the offender.

I speake here of the Canon law, to which the 8 Of that part of the Canon Law, to which Cano­nists will stand. Canonist will stand: which are the Decretall letters, and all the extravagants. For, of Gratians Decret. that learned and ingenious Bishop of Tar­racon, hath taught us what we should thinke, when he sayes, [ Auto. Augu­stin. l. de [...]men­dat. Gratian. l. 1. dial. 1. de titulo. That he is scarce worth so much reprehension; who having nothing that is profi [...]able or of use, except he borrows it, is admired of the ignorant, and laughed at of the learned,] Idem dial. 4. [who never saw the bookes of the Councells, nor the works of the Fa­thers, 9 A Cathol. Bishops cen­sure of Grati­ans Decret. nor the Registers of the Popes letters.] Idem dial. 3. And whose compilation had not that confirmation from Eugenius 3, as is fasly attributed to it.] Yet all­though Gratian have not so much authority, that [Page 86] by his inserting an imperiall law, or fragment of a Father, it should therefore be canoniz'd and grow into the body, and strength of the Canon law, (for then though that law were abrogated againe by the Emperour, it should still be alive and bin [...]e by a stronger obligation in the Canon, which De libris ju­ris Canon. c. 2. Alb. Gentilis proves to be against the common opinion.) yet by consent, thus much is afforded him, that places cited by him, have as much authority in him, as th [...]y had in the Author from whom he tooke them. And therefore when we come to handle the Reasons of particular Authors, we will pretermit none whom Gratian hath cited, for that is their proper place.

SECT. III.

And in this Distinction where we handle the opinion of the Canon Law in the point (not be­cause 1 What any Councels have done in this point. Gratian cites it, but because the Canons of all Councels are now usurped as Canon Law) we will consider 23. q. 5. placuit. a Canon of the Bracca­rense Councell cited by him.

But first, (although he have it not) wee will not conceale the Concll. Anti­sidor. sub Greg. 1. An. 590. Antisidorense Councel, (which was before the other, under Gregor. 1. Anno 590.) For as the Civill Lawes by limitation of persons and causes, gave some restraint and correction to this naturall desire of dying when we would, which they did out of a duty to sinew and strengthen, as much as they were [Page 87] able, the Doctrine of our blessed Saviour, who having determined all bloudy sacrifices; enligh­tens us to another Doctrine, that to endure the miseries & afflictions of this life, was wholsome, and advantagious to us; the Councels also per­ceiving that this first ingraffed and inborne de­sire, needed all restraints, contributed their help.

This Canon. 17. Canon then hath these words, [If any kill themselves, Istorum oblata non recipiantur.] 3 The Coun­cel of Antisid. onely refused their oblations For it seemes, that Preaching and Catechizing had wrastled, and fought with their naturall ap­petite, and tamed them to a perplexity whether it might be done or no; and so thinking to make sure worke, in an indiscreet devotion, they gave oblations to the Church, to expiate the fault, if any were. These oblations the Councell for­bids to bee accepted, not decreeing any thing of the point, as of matter of faith, but provi­ding against an inconvenient practice.

Neither was it much obligatory, or con­siderable, 3 This was but a Dioce­san Councell. what it had decreed, being onely Notae Binnij in Conc. Antis. To. 2. fo. 955. a Diocesan Councell, of one Bishoppe, and his Abbats, and whose Canons Binnius pre­sents, because (though some of them be out of use, of which this may be one) yet they are (saies he) some discoverers of Antiquity.

The other Councell which 23. q. 5. pla­cuit. Gratian cites and besides which two I finde none) hath these 4 The Braccar Councel in­flicts two punishments. words, [For those that kill themselves, there shall be no commemoration at the oblation, nor shall they bee brought to buriall with Psalmes.] which intimates, [Page 88] as the language of the Canon Law is, Caninam se­pulturam.

But the 24. q. 2. Sane quid. glosse upon this doth evict from another Canon, that if the person were not un­der 5 The first, not praying for them, is of them who did it when they were ex­communicate. excommunication, it is not so; [For we may communicate with him dead, with whom we may com­municate living.] Which showes that his act of dying so, put him not into worse state in this re­spect. This answers the first punishment infli­cted by that Canon. And for the second which is deniall of Cristian buriall, it is very rigorous to conclude a hainousnesse of the fact, from that, since the Decret. l. 5. tit. 13. de tor­neamentis. true Canon Law denyes that to men slaine at Tilt, though it afford them, if they be not presently dead, all the Sacraments applyable in that extreamitie, as Penance, Eu­charist, and Unction.

So that, though since it denies buriall to men 6 The second, which is deni­all of buriall, is not alwayes inflicted for offences; as appears in an interdict lo­call. whom they esteeme in state and way of salvati­on, the Glosse here collects reasonably, [That this punishment reaches not to the dead, but onely to deterre the living;] referring to this purpose an 13. q. 2. anim. Epistle of Gregory, saying, [So much as a sum­ptuous funerall profits a wicked man, so much a base, or none at all hurts a godly.]

Lastly, that Li. 3. tit. 7. de sepulchris. Eos qui. Clementine which reckons up many causes for which Christian buriall is deny­ed, amongst which one is a locall interdict, at what time the holyest man which dyes in that place cannot bee buried, which sometimes ex­tends to whole Kingdomes, instructs us suffici­ently, [Page 89] that one may be subject to that punish­ment, if it be any in that Law) and yet not guil­ty of such a crime as this is reputed to be.

And Sylv. ad leg. Reg. c. 11. the Romans in their Religious Di­scipline, refused solemne buriall, to any which perished by lightnings, P. Manut. de leg. Rom. though they bu­ried offenders in the towne, as they did Vestals and Emperours; because as their Dedication 7 Romans bu­ried such of­fenders as had satisfied the Law within the towne, as Vestals, and Empe­rors. to God had delivered the Nunnes, and Sove­raigntie the Emperours from bondage of Law; so did Justice, to which they had made full sa­tisfaction deliver offenders punished. And since both Saint Hierome, and the Bracarense Coun­cell, inflict the same punishments upon those Catechumeni, who although they had all other preparations, and degrees of maturity in the Christian Faith, yet departed out of this world without Baptisme, as they doe upon Selfe mur­therers, and so made them equall in punishment, and consequently in guiltinesse; I thinke it will ill become the Doctrines of our times, and the Analogy thereof, to pronounce so desperately of either of their damnations. Sert. Senen. lib. 6. Annot. 7. p. 311.

And here wee end our second Distinction of this second Part, which was allotted for the examination of the Canon Law.

SECT. I.

OF Arguments of this Nature, which are 1 Of the laws of particular Nations. conclusions deduced out of reason and discourse, next to these generall Lawes of the Empire, and of the Church, (which though it might seeme for the generality thereof, to have deserved the first place, we handled in the se­cond roome, because the power thereof hath beene ever litigious and questionable,) I may justly ranke the Lawes of particular states.

By our Law therefore, as it hath not beene 2 Of our law of Felo de se. Br act. f. 150. long in practise, (for [...] Bracton seemes not to know such a Law, when allowing an intire chap­ter to that title, he onely repeats the words in that Emperiall Law, which I cited before, and so admitts, (if he admit that Law, that excep­tion, Sine justa causa) he which kills himselfe is reputed felo de se; and whether he be chargeable with any offence or no, he sorfeits his goods: which devolving to the Kings Almoner, should on the Kings behalfe be employed in pious and charitable uses.

And [...]lowd. Com. Hales his case. it is not onely Homicide, but Mur­der, 3. That this is murder in our law; And the reasons which entitle the King. And yet the reasons alledged there, are but these, That the King h [...]h lost a Subject, that his Peace is broken, and that it is of evill example.

[Page 91] Since therefore, to my understanding, it hath 4 Our natu­rall desire to such dying, probably in­duced this law. no foundation in Naturall nor Emperiall Law, nor receives much strength from those reasons, but having b [...] custome onely put on the nature of law, as most of our law hath, I beleeve it was first induced amongst us, because we exceeded in that naturall desire of dying so. For it is not a better understanding of nature, which hath reduced us from it; But the wisedome of Law­makers and observers of things fit for the insti­tution and conservation of states.

For in ancient Common-wealths, the num­bers of slaves were infinite, as ever both Bodin Rep. l. 1. c. 2. & l. 6. c. 1. in 5 As in States abounding with slaves, the Law-ma­kers quenched this desire. Rome and Athens, there were 10 slaves for one Citizen; and l. 33. c. 10. Pliny sayes that in Augustus time, Isidorus had above 4000. And Scbast. Med. de Venat. Pisca. et aucup. q. 41. Vedius Pollio so many, that he alwayes fed his fish in ponds with their blood; and since servitude hath worne out, yet the number of wretched men exceeds the happy (for every labourer is mise­rable and beastlike in respect of the idle abound­ing men;) It was therefore thought necessary by lawes, and by opinion of Religion, (as Aug. de Civi. Dei l. 4. c. 27. Scae­vola is alleaged to have said, Expetit in Religione 6 Least it should draw too fast; as Hunting and Vsury are; and as wine by Mahom. Givitates falli,) to take from these weary and macerated wretches, their ordinary and open escape, and ease, voluntary death.

And therfore it seemes to be so prohibited, as a Pruckinan. de Venat. Pisc. & Aucup. c. 4. Lawyer sayes, hunting and usery is [Ne inescarentur homines] and as Pompon. de Incantat. c. 10. Mahomet to withdraw his Nation from wine, brought them [Page 92] to a religious beliefe, that in every grape there was a Devill.

As therefore amongst us a naturall disease of 7 And as se­vere lawes a­gainst stealing stealing, (for as all other, so this vice may as well abound in a Nation as in a particular man, and B. Dorotheus doct. 11. Dorotheus relates at large, the sicknesse of one of his fryars, who could not abstaine from stea­ling, though he had no use of that which he stole) hath draw from a Binnius to. 3. par. 2. f. 1476. An. 1237. Councell holden at London under Hen 3. a Canon which excom­municates the Harbourers of Theeves (quibus abundat Regio Angliae, and mentions no other fault but this, and from the Custome, and Prin­ces, and Parliaments severe Lawes against theft, then are justifiable by Nature, or the Iewes Ju­diciall Law, (for our Law hangs a man for stea­ling in extreame necessity, when not onely all 8 When a man is bound to steale. things, to him, returne to their first community, but he is bound in conscience to steale, and were, in some opinions, (though others say he might neglect this priviledge) a Selfe-murderer if he stole not.

And 14. Dist. 15. q. 3. Scotus disputing against the Lawes of 9 Scotus opi­nion of day theeves. those Nations, which admit the death of a theife robbing by day, because Exod. 22. 3. whoever kills such a theife, is expresly by Gods Law a murderer, ask where have you read an exception of such a theife from the Law, Non occides, or where have you seene a Bull fallen from Heaven to justifie such executions? So it may be, a naturall declination in our people to such a manner of [Page 93] death, which weakned the state, might occasion severer Lawes, then the common ground of all Lawes seemes well to beare.

And therefore, as when the Emperour had made a Law, to cut off a common abuse of mis­devout men, that no man might give any thing to the Clergy, no not by Testament, Saint Hierome said, I lament and grieve, but not that such a Law is made, but that our manners have deserved such a Law, so doe I in contemplation of these Lawes mourne, that the infirmity and sicknesse of our Nation should neede such Me­decines.

The like must be said of the like Law in the Earldome of Flaunders; If it be true, Tholosa. Syn. l. 36. c. 22. nu. 13. ex Buteler. in summa ru­rall. That they allow confiscation of goods, in onely five cases, whereof this is one; and so it is rankt with Treason, Heresie, Sedition, and forsaking the Army against the Turk, which be strong 10 Of such a law in Flaun­ders. and urgent circumstances to reduce men from this desire.

SECT. II.

For wheresoever you finde many and severe Lawes against an offence it is not safe from 1 Severe lawes are arguments of the peoples inclination, not of the hai­nousnesse of the fault. thence to conclude an extreame enormity or hainousnesse in the fault, but a propensnesse of that people, at that time, to that fault. There­upon Epist. ad Philip. Ignatius and many others, even intire Councells, were forced to pronounce, that who­soever [Page 94] fasted upon Sundayes were Murderers' of 2 Sunday fast extremly con­demned there­upon. Christ.

So in France the Lawes abound against Duells, to which they are headlongly apr. 3 So Duells in France.

So are the resolutions of the Spanish Ca­suists, and the Bulls of the Popes, iterated and 4 So Bull-bai­tings in Spain. aggravated in that Nation, against there Bull­bayting, to which they are so enormously addi­cted, which yet of it selfe is no sinne, as Navar Navar. Manu. li. 15. nu. 18. retracting his opinion after 70 yeares holds at last.

These severe lawes therefore do no more ag­gravate a fault, then milde punishments dimi­nish 5 Gentle laws diminish not the nature of rape, nor witchcraft. it. And no man thinks Rape a small fault, though Solon punish it, if she be a Virgin, and freeborn, with so much money as would amount to our five shillings: and the Cap. 67. Salique law punishes a witch, which is convict to have eaten a man, pecuniarily, and la [...] no high price. And therefore H [...]de his qui not. infam. l. 2. §. 1. [...]. 2. Bartolus allowes that in cases of publique profit or detriment, the Judges may extend an odious and burdenous law beyond the letter, and restraine a favourable and bene­ficiall 6 Publique benefit is the rule of exten­ding or re­straining all lawes by Bar­tel. law, within it, though this be against the Nature and common practise of both these lawes.

If therefore our, and the Flemish law be se­vere in punishing it, and that this argument have 7 If other Nations con­cur in like lawes, it shews their inclina­tion to be ge­nerall. the more strength, because more Nations con­curre in such lawes, it may well from hence be retorted, that every where men are inclinable [Page 95] to it: which establisheth much our opinion, con­sidering that none of those lawes, which pre­scribe Civill restraints from doing it, can make it sinne; and the act is not much descredited, if it be but therefore evill, because it is so forbid­den, and binds the conscience no farther, but under the generall precept of obedience to the law, or to the forfeiture.

SECT. III.

It seemes also by the practise of the Jewes, 1 The custom of the Iewes, and the law of the Athenians evict nothing. (for De bello Jud. l. 3. c. 13. Josephus speaks of it, as of a thing in use) that they did not bury such as killed themselves, till the Sunne set. But though I know not upon what Law of theirs they grounded this, and I finde not by writers of either of their Policies since their dispersion, (for though they have no Magistracie, but bee under the Lawes of those places into which they are admi [...]ted, in all cases except where they be exempted by priviledg, yet they doe also testifie a particular derestation of some sins by outward penances among themselves, Buxdor. Syn. Iudais c. 34. as in theft, they binde, and whip, and en­joyne to publike confession, and in Adultery the offender sits a day in Winter in freezing water, and in Sommer upon an Anthill, or a­mongst hives of Bees naked, though, I say, I finde not by Galatine, Sigontus, Buxdorfius, nor Mol­ther, that this was or is in use amongst them, yet because Josephus, though but Oratorily sayes it, [Page 96] we will accept it; and beleeve that it was upon the reason common almost to all Nations, to de­terre men from doing it, and not to punish it being done. And of like use, that is, in terrorem, was also that Law of the Athenians, who cut off that hand after death which perpetrated that fact; which Law Josephus remembers in the same place.

SECT. IIII.

That reason which is grounded upon the E­dict of Tarquinius Priscus, Pliny. li. 36. cap. 13. who when this 1 The reason drawne from remedies a­gainst it, proves no more. [...] of Death raigned amongst his men like a contagion, cured it by an opprobrious hanging up their bodies, and exposing them to birds and beasts. And A. Gellius li. 15. c. 10. upon that way of reducing the Virgins of Mil [...]sium, who when they had a want [...]nnesse of dying so, and did it for fashion, were by Decree dishonourably exhibited as a spectacle to the people naked, prevailes no far­ther then the argument before, and proves onely a watchfull sol [...]citude in every State, by all meanes to avert men from this naturall love of ease, by which their strength in numbers would have been very much empaired. And thus wee determine this Distinction.

SECT. I.

The 23. q. 5. Du­plicet. first place then, is in an Epistle of 1. Of S. Au­gustine and his Argument. Saint Augustine to Donatus the Heretique; who having beene apprehended by the Catholikes, fell from his Horse, and would have drown'd himselfe: and after complaines of violence u­sed towards him, in matter of Religion, where­in he claimes the freedome of Election, and con­science. Saint Augustine answers, wee have po­wer to endeavour to [...]ave thy soule against thy will, as it was lawfull to us, to save thy body so. If thou wert constrained to doe evill, yet thou oughtest not to kill thy selfe. Consider whether in the Scriptures, thou finde any of the faithfull that did so, when they suffered much [Page 98] from them, who would have forced them to do things to their soules destruction.

To speake a little of Saint Augustine in gene­rall, because from him are derived almost all the 2. Of St. Aug. comparatively with other Fa­thers. reasons of others, he writing purposely thereof, from the 17 to the 27 Chapter of his first book De Civitate Dei, I say, as the Confessaries of these times, comparing Nav [...] and Sotu [...] two of the greatest Casuists, yeeld sometimes that 3. Comparison of Navar and Sotus. Navar, is the sounder and learneder, but Sotus more usefull and applyable to practique Divi­nitie; So, though Saint Augustine for sharpe in­sight, and conclusive judgement, in exposition of places of Scripture, which he alwaies makes so liquid, and pervious, that he hath scarce been equalled therein, by any of all the Writers in the Church of God, except Calvin may have 4 Jesuists of­ten beholden to Calvin for expositions. that honour, whom (where it concernes not points in Controversie,) I see the Jesuits them­selves often follow, though they dare not name him, have a high degree and reverence due to him, yet in practique learning, and morall Di­vinity, he was of so nice, and refin'd, and rigo­rous a conscience, (perchance to redeeme his former licenciousnesse, as it fals out often in such Convertits, to be extreamely zealous) that for our direction in actions of this life, Saint Hie­rome, and some others, may bee thought some­times fitter to adhere unto, then St. Augustine; Yet I say not this, as though wee needed this medicament for this place.

[Page 99] For I agree with Saint Augustine here, That 5. In this place we differ not from St. Aug. neither to avoid occasion of sinne, nor for any other cause, wherein my selfe am meerely or principally interessed, I may doe this act; which also serves justly for answer to the same zealous Father in the other place, 22. q. 5. S [...] non. cited by Gratian; 6. Nor in the second. for with him I confesse, [That he which kills him­selfe, is so much the more guilty herein, as hee was guiltlesse of that fact for which hee killed him­selfe.]

Though, by the way, this may not passe so generally, but that it must admit the exception, 7. That then may be Causa puniendi sinc culp [...]. which the Reg. sur. 6. Rule of Law upon which it is grounded, carries with it, [Nemo sine culpa puni­endus, nist subsit causa.] And so, as Saint Augu­stine, we, with as much earnestnesse, say, [Hoc as­serimus, hoc dicimus, hoc omnibus modis approbamus. That neither to avoid temporall trouble, nor to remove from others occasion of sinne, nor to punish our owne past sinnes nor to prevent future, nor in a desire of the next life, (wherethese considerations are on­ly, or principally) it can be lawfull for any man to kill himselfe.] But neither Saint Augustine nor we deny, but that if there be cases, wherein the party is dis-interested, and only or primarily the glory of God is respected and advanced, it may be lawfull.

So that, as Valens the Emperour, having sur­prised 8. As Valens missed Theodo­sius; So did Augustine pre­termit the right cause. Jamblicus, when his divining cock had described three lette [...]s of his name who should succeede, slew all whose names were Theodor [...] [Page 100] Theodotes, or Theodulus, but escaped Theodosius who fulfilled the Prophecy, So Saint Augustine hath condemned those causes which we defend not, but hath omitted those wherein it is justi­fiable.

In which case being hard to be discern'd and distinguished [...] others arising from humane 9 Of Cordu­bensis rule, how we must do in perplexi­ties; infirmity, it that rule which A [...]t. Cordub. de simonia q. 27. Editione. Hispani. Antonius de Cor­duba, gives in cases of simony, be as he sayes it is, a good guide in all perplexities, it will ease very much.

He sayes, because in the case of simony, ma­ny difficulties g [...]ow, because not onely by cleare 10 How tem­porall reward may be taken for spirituall office. and common judgements, temporall reward may be taken for spirituall offices, by way of gift, stipend, wages, almes, sustenation, or fulfill­ing the law or custome of that place, but also by some. Doctors, even by way of pr [...]ce, and bar­gaine, if not directly for the spirituall part there­of, yet for the labour necessarily annexed to it, because every Curate cannot distinguish in these cures, he bids him [ever doe it, with an intention to doe it so, as God knowes it may de done, and as wise men know a [...]d would teach that it might be done: For thus saith he, humbly remitting our selves to the learned, which are our fathers instruction, what ever defect be in us, yet Saluamur in fide parentum.] Hesychius vitae philosophorum. And in this sort (e) Pindarus making an impli­cite prayer to God, that he would give him that 11. Of Pinda­rus death praying for he knew not what. which he knew to be best for him, died in that very petition.

[Page 101] Except therefore Vb [...] supra. Saint Augustine have that moderation in his resolution; That a better life never receives a man after a death whereof 2 In our place we de­part from St. Aug. upon the same rea­son as the Je­suit Thyraeus doth. himselfe was guilty, we will be as bould with him, as Thyrae. Jesui. de Daemoniacis c. 31. [...]. 428. one who is more obliged to him then we, who repeating Augustines opinion, That the Devill could possesse no body, except he entred into him by sinne, rejects the opinions, and saies, The holy Father speaks not, of what must of ne­cessity be, but what for the most part uses to bee.

SECT. II.

And in our case we ought (as I thinke rather to follow 23. q. 5. Non est, Saint Hieromes temper, who in 1 The place out of S. Hi [...] ­rome cited by Gratian. his exposicion upon Jonas, (which I wonder why Gratian cited being so farre from his end and advantage) sayes, [In persecution I may not kill my selfe, absque eo, ubi cassitas periclitatur] where I am so [...]arre from agreeing with Gloss. in lo­cum supra. Gra­tian, that [Absque eo, is inclusivoly spoken, and amounts to this phrase, no not though] as I thinke that good learned father, included in that word Castitas, all purity of Religion and manners; for to a man so rectified death comes ever, and every way seasonably and welcome. For [ Idiotae Con­templatio de morte. qualem mors invenit hominem, ita homo inveni [...] mortem.]

SECT. III.

From this place of Saint Hierome, I beleeve, 1. Lavater con­fesses Aug. Hie [...] Cry [...] and Lactan [...] to be of this opini­on. and some other, which perchance I have not rea [...], and some other places in others, of like charitable d [...]scent to this opinion. Lavater in 1 Sam. Ca [...]lti. Lavater having made his profit of all Peters Martyrs rea­sons almost against this act, and adding some of his owne, when they both handle the duties of Saul, confesseth that in this case of preserving Chastity, Augustine, Chrysostome, and Lactant us, and Hierome departed from their opinion who condemned this Act.

SECT. IIII.

Peter Martyr also presents one other reason, 1 Of P. Mar. reason Mors malum. of which he seemes glad, and well contented in it, which is, That we may not hasten death, because Mors malum.

But it is not worthy of his gravity, especially so long after Stromat. l. 4. Clemens Alex. had so through­ly defeated that opinion. 2 Clement. hath long since destroyed that opinion.

But if it be Malum, it is but Malum poena. And that is an evill of which God is Authour, and is 3 Of Malum [...]. not that Aqui. 1. q. 48. ar. 6. C [...]n. Malum quo mali suinus; neither doth it alwayes prove the patient to be evill, (though God for all that be alwaies iust,) for himselfe said of the man borne blinde Jo. 9. 3. [Neither he, nor his parents have sinned.]

[Page 103] And of that Malum poenae, which is esteemed the greatest in this life, of temporall affictions, 4 Possessed men are not alwaies so af­flicted for sin. because of the neere danger of empairing our soule, which is to be possessed, Thyraeus de Daemon. c. 31. Thyraeus, from Saint Hierome and Chrysostome sayes, that it is not alwayes inflicted for sinne, but to mani­fest the glory of God.

And therefore the greatest evill which can be imagined, of this kinde of evill, which is [ Aqui. 1. q. 48. ar. 6. Con. Damnation, hath not so much Rationem mali, as the least sinne that drawes Damnation.]

Death therefore is an act of Gods justice, and 5 Damnati­on hath not so much rationem mali as the least sin. when he is pleased to inflict it, he may chuse his Officer, and constitute my selfe as well as any other.

And if it were of the worst sort o [...] evill, [...]et 6 If death were of the sorts of evill, yet there may be good use of it. as Aug. de. bono Conjug [...]. Saint Augustine sayes that [in the Act of Marriage, there is Bonus usus mali, id est concu­piscentiae, quo malo male utuntur adulteri.] And as good Paulinus prayses Severus, that Paulin. Se­vero esist. 1. [he having in Conjugio peccandi licentiam, departed not from his accustomed austerity,] so may the same be said of death in some cases, as in Martyrdome.

For though Martyr urge farther, that death 7 How Paul calls Death Gods enemy. is called 1 Cor. 15. 20. Gods enemy, and is therefore evil, yea Marlorat. in bunc locum. Musculus sayes upon that place, [It is often commended in Scriptures, because towards the faithfull God useth it to good ends, and makes it Co­operari ad salutem.] And by what authority can they so assuredly pronounce that it falls out [Page 104] never in our case? Besides this, death hath lost much of her naturall malignity already, and is not now so ill, as at first she was naturally; for as Calvin in hunc locum. Calvin notes here, [she is already so de­stroyed, that she is not lethalis, but molesta.] 8 Death since Christ is not so evill as be­fore.

SECT. V.

One reason more Martyr offers of his owne, 1 Of Martyrs reason, Vita donum. which is, Vita Donum, life, because it is the gift of God may not be profused; but when we have agreed to him, that it may not be unthriftily and prodigally cast away, how will he conclude from thence, such an ingratitude, as that I shall forfake Gods glory? and may in no case ponere animam? How will it follow from I must not alwaies, to I may never?

SECT. VI.

Lavater after many other urges this reason; 1 Of Lavaters reason of Ju­dges. That because Judges are established, therefore no man should take Dominion over himselfe. 2 Where con­fession is not in use, there is no exterior Judge of se­cret sinne.

But in the Church of England, where auricu­lar confession is not under precept, nor much in practise, (for that we admit it not at all, or re­fuse it so, as the Waldenses did, though Humfred. Iesui. pa. 2. ad Ratio. 3. Cam. a re­verend man say it, is more then I knew) who is judge of sin against which no civill law provides, or of which there is no evidence? May not I accuse and condemne my selfe to my selfe, and [Page] inflict what penance I will for punishing the past, and avoiding like occasion of sinne?

Upon this reason depends that perplex [...]d 3 Of the Popes juris­diction over himselfe. case, whether the Pope may not give himselfe a [...]olution from Acts and Vowes, and partake his owne [...], although by the best opi­nion it is agr [...]ed, that to do so is an act o [...] juris­diction, which by Lavaters rule, no man may [...] upon himselfe.

C [...]d. l. 3. tit. 5. le. Generati. The Emperiall lawes forbid i [...] a genera­lity 4 Of such ju­risdiction in other persons by civll lawes. any to be judge in his own [...] cause, but all Expositors, except Soveraignes. And in ordi­nary Judges, all agree with Bald. F le. 5. de. j [...]diciis. Baldus [That in facto notorio if the dignity of the Iudge be con­cerned, he is the proper Iudge of it. And he sayes that it belongs to the Pretor to judge, whether such a cause belong to his judgement or no] Filesacus de Episc. autorit. Ca. 1. [...]. 17. And with a Non obstante even upon Naturall law, as the words of the priviledge are, Theodorius allowed Bishops to be Judges in their owne cause. Dig. l. 1. ti [...]. 7. le. 3. si Cons. So [if a sonne which had not beene Sui juris had beene made [...]onsul, [...] he have emancipated himselfe, or authorized another to have adopted him.]

And besides th [...], it appeares, that the Popes have exercised ju [...]sdiction upon themselves, 5 Ioh. 22. ele­cted hi [...]selfe Pope. even before they were Popes, (for Uol [...]. 2. Ge­nera. 44. Ioha 22 having permission to chu [...]e o [...]e Pope, chose himselfe, which deed Naucler relates and just [...] ­fies) by Canonicall rules it is plaine, that he may exercise jurisdiction upon himselfe in an [...] case where there is not a distinction of persons [Page 106] enjoyned Iure Divine, as in Baptisme: which will not be stretched to our case.

And certainly the reason of the Law, why none should be judge in his owne cause, is, be­cause 6. Jurisdicti­on over our selves [...]s deny­ed us, because we are presu­med favoura­ble to our selves; Not in cases hurt­full to our selves. every one is presumed favourable towards himselfe. And therefore if it be dispensable in some cases beneficiall to a man, much more may it be in cases of inflicting punishment, in which none is im [...]gined to be over rigorous to himselfe.

And if man were by nature as slavish, as the [ Heurnius de Philos. Barbar. Esseni, by profession and rule, who had power of themselves in nothing, but juvando & miserendo] I see not, but when this becomes an act of advantage to our selves, we may have jurisdiction enough to doe it.

And what is more evident to prove, that in some cases derogatory and prejudiciall to us, 7. Even in ca­ses hurtfull, we have such ju­risdiction. we have this right over our selves, then that e­very man may cedere suo jure, And Non uti pri­vilegio.

And Theod. a Ni­ce. l. 3. c. 3. & 23. it was by all condemned in Grego­rie, in the great Scisme, that after hee had pro­mised to depart from the Papacie, by oath, in which was a clause, that he should neither aske, 8. Gregories oath in the great Scisme. give, nor accept absolution from that oath, hee induced his Mendicants to preach, that it were deadly sinne in him to de-relinquish the Church. So also have many Kings departed from, their Government, and despoiled them of their bur­den, at their pleasure. For, as Schlusselbur­gius. Catul. He­re [...]ico, l. 13. one sayes, [Page 107] of the whole Church, it may bee said of every particular member; it was ever in Politicall bon­dage, but not in Spirituall.

So that, if there bee cases, wherein one may 9. When a man becomes to be sui juris. assuredly, or probaly, after just diligence used, conclude upon an illumination of the Spirit of God, or upon a ceasing of the reason of the Law at that time in him, that man is then Sui Iuris.

For though in cases where there is a proper 10. Warre is just betweene Soveraigne Kings, because they have no Judge. Court, I am bound to it; yet, as Kings which are both Soveraignes, may therefore justly de­cide a cause by Warre, because there can bee no competent Judge between them; So in se­cret cases betweene the Spirit of God, and my conscience, of which there is not certainly con­stituted any exterious Judge, we are our selves sufficient to doe all the Offices; and then deli­vered from all bondage, and restored to our na­turall libertie, we are in the same condition as Accacius de privileg. juris. l. 1. cap. 7. Princes are, who if in the rigour of words 11. Princes give not them­selves priviled­ges, but de­clare that in that case they will exercise their inherent priviledge. they may not properly bee said to give them­selves Priviledges, have yet one generall inhe­rent Privilege, and when they will, they may declare, that in that particular case, they will not take a new, but exercise their old Privi­ledge.

SECT. VII. Josephus Rea­son of Deposi tum.

And because De bell. Iud. l. 3. ca. 13. Iosephus hath one reason [Page 108] which tasts of Divinitie, we will consider it in this place. He sayes, our Soule is, particula Dei, and deposed and committed in trust to us, and we may not neglect on disharbour it, before he withdraw it. But we are still upon a safe ground, That whensoever I may justly depart with this life, it is by a S [...]mmons from God; and it can­not then bee imputed to any corruption of my will: for, Regula juris 4. Velle non creaitur, qui obsequitur Imperio. Yet I expect not ever a particular: in­spiration, or new commission, such as they are forced to purchase for Sampson, and the rest; but that resident and inherent grace of God, by which he excites us to works of morrall, or high­er vertues.

And so, when it is so called for againe, Arist. Probl. Sect. 29. q. 2. it were a greater injustice in us to deny or with­hold any thing, of which wee were Depositaries, 2. In these ca­ses a deposita­rie cannot bee accused De cul­pa, if he be si­ne Dolo. then if we were Debtors; yea, (not to depart) from Josephus. Allusion or Metaphor of De­positum. If it were a fault to let goe that of which I were Depositary, before it were truely called 3. A secret re­ceived, Data fide, is in Na­tura depositi. for, yet in Consc [...]entia errante, I were excusable; for it Tholos. Syn­tag. l 23. ca. 3. Nu. 17. is [Ex substantia depositi, ut deposit arius tantum de dolo teneatur non de culpa.] Yea, when Soto de Teg. Secr. membr. 1. q. 1. I have a secret from another, Data fide, I have this in all respects, in Natura Depositi; and yet no man doubts, but that I may in many cases, depart with this secret.

SECT. VIII.

There are many Metaphoricall and Similitu­dinarie 1. Of simili­tudinary Rea­sons in Au­thors not Di­vine. Reasons, scattered amongst Authors, as in Cicero and Macrobius, made rather for illustration, then for argument or answer; which I will not stand to gleane amongst them, since they are almost all bound up in one sheafe, in De Bello Iu­da. l. 3. ca. 14. that Oration of Josephus. Or else will be fitly hand­led in those places of Scripture, which make some such allusions.

SECT. IX.

Josephus then in that Oration hath one Rea­son 1. Of his rea­son of Hoslis. drawen from the custome of an Enemy. We esteeme them enemies, who attempt our lives, and shall we bee enemies to our selves? But besides that, in this place, Iosephus speakes to save his owne life, and may justly be thought to speak more ex animo, and dispassioned, where­in the lib. 7. c. 28. person of Eleazar hee perswades to kill themselves, there is neither certaine truth in the Assertion, nor in the Consequence. For do we esteeme God, or the Magistrate our enemy, when by them death is inflicted? And do not Martyrs, in whose death God is glorified, kisse the Executioners, and the Instruments of their death? Nor is it unlawfull, unnaturall, or unex­pedient for us, in many ca [...]es, to be so much our [Page 110] owne Enemies, as to deny our selves many things agreeable to our sensitive nature, and to in­flict upon our selves many things repugnant to it, as was abundantly shewed in the first part.

SECT. X.

In the same Oration he hath another alluso­rie 1. Of his rea­son of Servus. argument, [That a Servant which runnes away, is to be punished by the Law, though his Master bee severe; much more if we runne away from so indul­gent a Master, as God is to us.] But not to give strength or delight to this reason, by affording it a long or diligent answer; wee say, In our case the Servant runnes not from his Master, but to him, and at his call obeys his voyce. Yet it is as truely, as devoutly sayd. [The de­vill is overcome by resisting, but the world, and the Bosquier. Conc. 7. flesh by running away.] And the farther, the better.

SECT. XI.

His last, which is of any taste, is [That in a tempest, it were the part of an idle and treacherous Of his reason of a Pilot. Pylot, to sinke the Ship.] But I say, if in a Tem­pest we must cast out the most precious ware aboard, to save the lives of the Passengers, and the Marchant who is damnified thereby, cannot impute this to any, nor remedie himselfe, how much more may I, when I am weather beaten, [Page 111] and in danger of betraying that precious soule which God hath embarqued in me, put off this burdenous flesh, till his pleasure be that I shall resume it? For this is not to sinck the ship but to retire it to safe Harbour, and assured Anchor. And thus our fourth Distinction, which was to embrace the reasons proposed by particular Au­thors, whether Divine or Prophane, and as well Oblique and Metaphoricall, as Direct, shall here be determined.

SECT. I.

ANother sort of Reasons is produced from 1. Of Aquin. two reasons, from Justice and Charity. grounds of Morall Vertues. Of which 22. q. 64. ar. 5. S. Thomas proposeth two, which we limit for this Distinction; for that of Saint Augustine, That it is against Fortitude, hath another roome.) First then Aquinas saies, it is against justice, and against Charity.

And the first in two respects, both because he steales from the Universe, or from that State, Of stealing away himselfe from the State. to which his service is due, one person, and mem­ber of the body; and also, because he usurpes upon the right of God. But the first of these may as well be said of all who retyring them­selves [Page 112] from functions in the Common-wealth, defraud the State of their assistance, and attend onely their owne ends, whether in this life, or the next.

For certainely to doe even that, so intensly, 3. Monastique retiring is, in genere rei, the same offence. as we neglect ou [...] office of Society is in genere rei, the same offence, as this.

But as there are many which follow Aqui­nas herein; So Navar, and Sayr, and others are 4. The better opinion, that herein is no sinne against Justice. up [...]n better reason of opinion, that this can be no sinne against Justice.

And for the second reason, This is not to u­surpe 5. I usurpe not upon his ser­vant, but am his servant herein. upon Gods Authoritie, or to deale with another's servant; if I become his Servant, and his Delegate, and his Commissioner, in doing this, when he can be no other way so much glo­ryfied. And though the passage from this life to the next, bee not generally left to our free­will, and no body be properly Lord of his own life, yet Sayr. Thesau. Cas. Consc. l 7. ca. 9. Nu. 19. [Though we have not Dominium, we have Usum, and it is lawfull for us, to lose that when we will]

Betweene which negative killing, and positive 6. Though we have not Do­minium, wee have Vsum of this life, and we leave that when we will. killing, how little and narrow a distance t [...]ere is, and how contiguous they are, we shall see in another place.

If therefore the reason why we may not dye thus, be, because we are not Lords of our own 7. The State is not Lord of our life, yet takes it away. life, but only God, then the State cannot take away our life; for Sayr. l. 9. c. 7. Nu. 2. [That is no more Lord of our life, then we are,] [...]hat is, she cannot doe [Page 113] it, but in cases where she is Gods Officer.

And if in this case, there were any injury 8. If injurie were herein done to the State, then by a license from the State, it might be law­full. done to the State, then certainly it were in the power of the State, to license a man to doe it, and he should upon such a license be excusable in conscience. For this, in the State, were but Cedere in re suo, which any may lawfully doe.

And lastly, if the State were injured in this, 9. And the State might recompence her domage upon the goods, or h [...]i. e the State might lawfully recompence the dam­mage, upon the heire and goods of the Delin­quent; which, except in those places, where expresse Lawes allow it, cannot be done.

Yet, I thinke, the better opinion, (to judge 10. In a man necess [...]y there may be some injustice in this act. by number of Authors) will be, That if that person be of necessary use to that State, there are in it some degrees of injustice; but yet no more, then if a Generall of much use, should re­tire into a Monasterie. But if we may safely take this resolution, That it is not against justice, we may ease our selves of all that labour which must bee spent upon the third part; for, since the foundation of that will be principally the Commandement, Thou shalt not kill; If this kil­ling be not against Justice, it is no breach of a­ny part of the Decalogue, and so no sinne.

If any should thinke, that it may be an inju­stice to our selves, 22. q. 59. ar. 4. ad 3 [...]. Aquinas in the same place cleares it. And if it were possible, for a 11. No man can doe inju­rie to himselfe. man to injure himselfe, which is not, yet this in­jury might be oftentimes such an one, as Cicero sayes, his banishment was, [Non modo non propul [Page 114] sands, sed emenda,] considering how much hap­pinesse might recompence it.

And whether it be against Charity or no, be­cause 12. The que­stion, whether it be against Charity, [...] ­ted to the third part. Charity is not properly a Morall vertue, nor of this place, because many of those places of Scripture, which we must handle in the last part, are built upon this ground of Charitie, we will not examine, till we come thither. Here I will onely say, That though it be yet under D [...]putation and questionable, whether this be against Charity, or no; this is certainly against Charity to pronounce so desperatly, as men use to doe, against them who fall into it.

SECT. II.

Of such reasons derived from the rules of Mo­rall vertue, Aristotle insinuates two. For obser­ving Of Aristotles two reasons. Of Misery, & Pusilanimity. that this kinde of death caught men by two bai [...]s, Ease and Honour, Against them who would dy to avoide Miserie, Arist. Eth. l. 3. c. 6. Hee teaches Death to be the greatest misery which can fall upon us. Which (not to examine how it can consist with the rest of his Doctrine) was to that pur­pose, the most slipperie and insinuating per­swasion.

And then, that Honour and Fame might draw none, Cap. 7. he sayes, It is Cowardlinesse, and De­jection, and an argument of an unsufferable and im­patient minde. But of the first of these we have spoken before, in answer to one of P. Martyrs [Page 115] reasons. And of the other we shall have occa­sion to say in ugh, when wee come to a place Infra fol. 249. where Saint Augustine sayes the same thing, and so we may ease this Distinction of that businesse.

SECT. I.

HAving thus considered those Reasons, 1. Of Reasons to be made on the other part. which in the best Authors are to be found, and shewed such Rules, as serve for the true un­derstanding of them, and of all others which spring from the same, or like heads, before wee determine this Second Part, which is of the law of Reason; it shall bee requisit that wee also touch those Reasons, which on our part are by others, and may bee by us produced, by which this Selfe-homicide may be delivered either a toto, or a tanto

But not to stop long upon that Law and practise 2. Of the Law of Rome, of asking the S [...] ­nate leave to kill himselfe. in the State of Rome, That any who had his cau­ses allowed in the Senate, might kill himselfe; upon which Decl [...]m. 4. Quintilian frames a Case, That a Sonne who by Math maticians Predictions, was first to kill many Enemies, and then his 3. Of the case in Quintilian. Father; having in the warres performed the first [Page 116] part, makes petition to the Senate, that before he come to performe the last part, he may be admit­ted to kill himselfe, and argues it for the Sonne, by many reasons appliable to his particular case, and to our maine question, I will hasten to our chiefe strength.

SECT. II.

It may then give much light to this businesse, if we compare Desertion and Destruction, and 1. Compari­son of Deser­tion and De­struction. consider where and wherein they differ. Cer­tainly, in Almighty God, it is not the same thing to forsake and to destroy, because he owes us nothing; and ever in his forsakings there are de­grees of Mercy, because hee might then justly destroy us, and may after at his good pleasure returne againe to us.

But betweene men who are mutuall Debtors, and naturally bound to one another, it is other­wise. 2. Of Omissi­ons equall to Committings. For a Magistrate, or Minister that aban­dons his charge, and neglects it, destroies it. So sayes In admonito­rio. Agapetus the Deacon to Justinian the Emperour, Privati vitium est patrare, principis omittere. Yea, a private man which hinders not a mans wrong, (when it belongs to him to do it) offers it. Dist. 86. pas­ce [...]. [Fame morientem si non pave­ris, occidisti,] saith Ambrose. And Tabula Pa­ris. censuraru [...]. [That Cler­gie, man which hinders not a manslaughter, if hee can, is thereby irregular.] And he which to him­selfe denies necessarie things, or exposes him­selfe [Page 117] inordinatly to such dangers as men use not to escape, kills himselfe. He that is as sure that this Medicine will recover him, as that this Poy­son will destroy him, is as guilty if he forbeare the Physicke, as if he swallow the Poyson. For what is this lesse, then to attend the ruine of a house, or inundation of a streame, or incursion of mad beasts? They which compare Omissi­ons, and Committings, require no more to make them equall, but that we omit something which we could, and should doe.

SECT. III.

First, therefore in all Lawes, in such faults as 1. In great sinnes, the first step imprints a guiltinesse, yet many steps to Self-homi­cide are law­full. are greatest, either in their owne nature, or in an irremediablenesse when they are done; all ap­proaches, yea the very first step to them, hath the same guiltinesse, and is under the same punish­ment, as the fault it selfe. As in Treason and Heresie, the first consent is the absolute fault.

And Stanf. Plees de Cor [...]n. cap. Petie treason. we have an example of a Woman b [...]rnt for petie T [...]eason, for compassing the death of her husband, though it were not effected.

Homicide is one of those crying sins, and hath ever beene reckoned in Atrocibus. For though the Elian. l. 8. cap. 10. Athenians removed all Dracoes Lawes by dis­use, 2. Dra [...]s laws against Homi­cide were re­tained. for their extreame severity, yet they retained those against Homicide.

And this Homicide, Precepto 5. 3. Tolets five Homicides. saies Tolet, may bee done five wayes, by 1. Commandement, by [Page 118] 2. Advise, by 3. Permission, by 4. H [...]lpe, or by the fact it selfe.

And in the fi [...]st and worst Homicide commit­ted 4. Foure of th [...]se were to be found in A­dams first Ho­micide in Pa­radise. in Paradise, in which were employed all the persons in the world, which were able to [...] to evill, when though there was but one man, all the Millions which have been and shall be, were massacred at once and himselfe too, as many of these kindes of Homici [...]es were found, as was possible in so few persons. For as Reuchlin. de verbo Mirisico. lib. 2. cap. 14. one notes, [The Serpent counsailed, the Woman helped, and Adam perpetrated,] and wee [...]ay safely and reverently say) God permitted If then every one of these be a kind of Homi­cide, no approach towards it can be lawfull, if any bee lawfull, that is not Homicide. Let us therefore consider how farre, and in how many of these waies Selfe-homicide may bee allow­able.

SECT. IIII.

First therefore, though it be the common re­ceived 1. Of Tolets first & second way by Pre­cept, and Ad­vi [...]e, or option. opinion, Bartol. le. Non solum. F. de injuriis,. Si mandato. [Mandatorem, & Man [...]atarium eidem poenae subjici,] Yet by the way of Pre­c [...]pt, we cannot properly work upon our selv [...]s, because in this act, the same partie must be agent, and patient, and instrument.

Nor very properly by the second way of advise; yet so neere, we may come to the nature of it, that after discourse we may advise [...]ly chuse one [Page 119] part, an [...] refuse the other, (for Reg. Jur. 3. Cujus est vel­le, ejus est & nolle) and so we may w [...]sh to our 2. We may wish Malum poenae to our selves, as the Eremite did to be possessed. selves, that which is naturally evill, I meane, Malum poenae; as the Sulpit. in vita Martini. Dialo. 1. Eremite by earnest prayer obtained of God, that he might be posses­sed of the Devill for certaine moneths, because he found in himselfe an inclination to pride and securitie.

Thus certainely in some cases, we may with­out 3. Wee may wish death for wearinesse of this life. sinne wish Death; and that not onely for enjoying the sight of God, (for so Martialis ad Tholosanos. sayes a ho­ly man, Pro visione Dei, millies corpus nostrum mor­ti dare optamus) but even to be so delivered from the encumbrances of this life; for so it hath [rationem boni] Coment. in Sam. l. 1. c. vlt. as Peter Martyr argues; and then, [ Heptap. Pici. l. 7. Proem. Nove meliorem est Corruptio p [...]imae habitudinis.]

This therefore we may wish; and yet it is 4. It is sin to wish that evill were not so, that then wee might wish it. so farre from being lawfull to wish any thing which were evill; that [ Adrian. quod­lib. 10. ar. 2. It is sinne to wish, that any thing which is naturally evill, were not so, that so wee might then wish it, when it were dis­charged of that naturall illnesse.]

Death it selfe therefore is not evill, nor is it 5. What wee may lawfully with, we may lawfully fur­ther. evill to wish it, is it evill to further that with more actuall helpe, which we may lawfully wish to be done?

These two extreme Religions, which seem to a­vile 6. Of wishing the Princes death. secular Magistr [...]cie, and subject Monarchs ei­ther to an O [...]dinarie, or else to a Consistorie, ac­cept willingly this saying, Curse not the King, no not [Page 120] in thy heart; That is, wish not ill to him. Nor have I observed that the Authors of either distemper have in their Books allowed, that the Subject might wish the death of the Prince, but in the same cases, where he might contribute his actu­all helpe. For both Papists and Puritanes teach­ing that a lawfull King may become a tyrant, (which to my understanding cannot consist with the forme and right of an inheritable Monarchie.) Yet Saxavia de Imp. Author. Epistola. one who pretends to go the middle way (and that is truely in this case, Via Regia, sayes, [That as well wee, as the Romanists esteeme a King 7. In some o­pinions, false Religiō makes a Tirant. of another Religion a Tyrant.] And [That it is im­possible to make such a King, but he must be a Tyrant, in the opinion of one side.]

And for his own opinion delivers [ Lib. 2. ca. 36. That no man can be bound by oath of fidelity to the Pope, upon 8. Why an oth of fidelity to the Pope binds no man. this reason, because he is not indeed Vicarius Dei, as he presumed him, and swore him to be.]

And conformably to this, Declaration & Protestati­on des Doctes de France. Anno 1605. that book whose title and scope is of the foundation of matter of State in France, and (as it pretends in all Chri­stendome) when after it hath enraged Subjects 9. Who is a Tyrant in these mens o­pinions. against Tyrants, it comes to declare what a Ty­rant is, exemplifies in the King of Spaine, and upon such reasons, as any Malignitie equall to that Author, may cast upon what Prince it will.

And lastly, who ever shall well compare (l) Beccariaes booke, with Bezaes, if that other Beccar. cont. lib. De. jure Magistrat. be Bezaes) though they differ Diametrally in ma­ny [Page 121] things, yet by their collision and beating together, arise abundantly sparkes of this pe­stilent Doctrine, That as Tranquillity was, so now Religion is, the reason why wee admit Kings, and why they are none, when they ne­glect Religion; upon these Doctrines, I say, it is inferred, Carbo. Cas. Conc. Summa Summarum. Tom. 3. lib. 3. cap. 9. [That it is lawfull to wish the death of a Tyrant, or of a favourer of Heretiques, though he dye in mortall sinne.] To wish therefore, and to doe, are naturally the same fault; and yet, though it be Sylvest. verb. Martyr. [a sinne to offer my selfe even to Martyrdome, only for wearinesse of life.] Navar. Ma­nual. Ca. 15. Nu. 11. [Or to wish death simply for Impaciencie, Anger, Shame, Povertie, or Misfortune;] yea to wish heaven meerely for mine owne happinesse; yet cer­tainely Phil. 1. 23. S. Paul had some allowable reasons, to desire to be dissolved, and to be with Christ. And 10 How death may be wished by Calvine. In 2 Cor. 5. 1 Marlorate. Calvine by telling us upon what reason, and to what end he wished this, instructs us how we may wish the same. He sayes, Paul desired not death, for deaths sake, for that were against the sense of Nature, but he wished it, to be with Christ.

Now, (besides that, by his leave,) we desire many things which are against the sense of Na­ture, to grant that we may wish death to be in Supra. heaven, (though Peter Martyr before alledged, be of the same perswasion) is a larger scope, and somewhat more dangerous and slippery a graunt, then wee urge towards, because herein onely the interest and good of the party seeme [Page 122] to be considered; And yet (a) Emanuel Sâ ex­tends 9 Eman. Sâ Aphor. Confes. ver. Charitas. it farther. [That wee may wish sicknesse to one, for his correction; and death for the good of the State; yea to our Enemie which is like to doe us much 11 How we may with death to ano­ther for our owne advan­tage. harme for avoiding this our particular damage; and we may rejoyce at his death, even for that respect of our owne d [...]livery] All which will hold as well, if we be urged with like reasons, to wish it to our selves.

To conclude therefore this point, That it may become lawfull to wish our owne death; 12 Ph. Nerius consented to the death of one who wi­shed his own death. I will onely relate an History, which though it be but matter of fact (if it be so much) yet it is of such a person, as his acts governe and perswade, with very many, as farre as Rules. Vita Phil. Ner. fol. 284. In the life of Philip Nerius, who in our age instituted the last Religion approved and esta­blished in the Church of Rome, we read, that he being entreated (as he was ordinarily in like de­sperate cases,) to come to one Paulus Maximus a youth of 14. who was then ready to expire his soule by sickenesse, before he could perfit his Sacrifice, and the office which hee had be­gunne, before the message came to him, the young man dyed. When hee had been dead a­bout halfe an houre, Nerius came, and after he had used some lowd exclamations, the youth revived againe, looked up, and talked in secret with Nerius a quarter of an houre. The discourse [...]nded, Nerius gave him his choise, whether he would live, or dye; and when the boy wished [Page 123] death, he gave him leave to dy againe. Now, though it were a greater miracle, then any in that book; if any man should beleeve all that are in it, (for in it are attributed to Nerius, stran­ger things then the Liber Con­formi. Fran. & Christi. book of Conformities imagined in Saint Francis (for I beleeve that Au­thuor purposed onely like Xenophon or Plato, or Sir Thomas Moore, to ideate and forme, then to write a credible History, though Sedulius Mi­nor. advers. Al­cor. Francis. Sedulius have defended it, with so much earnestnesse of late; yet thus much is established out of this, whether Fable or History, that their opinion, who authorised this book, is, that it was lawfull in Maximus to wish his own death, since a man of so much sanctity as Nerius, did approve and second, and accomplish that opinion of his.

SECT. V.

The next species of Homicide in Tolets divi­sion, 1 Of Tolets 3. species. by permission which is Mors Negativa. is Permission; which when it is toward our selves, is by the Schoole-men usually called De­sertion, or Dereliction, and Mors negativa.

Of which I perceive not any kinde to be more obnoxious, or indefensible then that which is 2 Of standing mute at the Barre. so common with our Delinquents, to stand mute at the Barre. And though Civill Lawes which are often enfo [...]ced to chuse of two evills, the least, that is to say, the least hurtfull to civility and society, and must admit sometimes particu­lar mischiefe, rather then a [...] generall inconve­nience, [Page 124] may excuse this; yet, since out of the law of Conscience, which can in no case come to be so entangled and perplexed, that it can be for­ced to ch [...]se any thing naturally evill, no man hath as yet, to my knowledge, impugned this cu­stome of ours, it seemes to me, that aswell our Church as our State, justifies this Desertion of our selves: and this, for so low and worldly a respect, as the saving of our temporall estate, or escaping the ignominy of another death.

But that we may the better discerne the limits, 3 Three rules from Sotus, Navar, and Mald. to guide us in these De­sertions of our selves. how farre these Omissions, and Desertions, and Exposings of our selves, are allowed us; first I must interpret one Soto. de teg. saeret. membr. 1. q. 3. rule, [That charity begins with it selfe, to bee understood onely in spirituall things.] For I may not doe a sinne, to save (in the language of Schoole-men) the goods, or ho­nour, or li [...]e, of the Pope; but for temporall things I must prefer others before my selfe, if a publique profit recompence my private Do­mage. Nava. Ma­nual. I must also lay down another rule, [That as for my selfe, So for my neighbour whom I am bound to love as my selfe,]. I may expose goods, to safegard honour, and honour, for life, and life for [...] profit. And to these I must joyn a third rule, Sum. Maldo. q. 14. ar. 6. [That no man is at any time enforced to exercise his priviledge.] [For the written Law every man is bound to kn [...]w, but Acacius de privilegiis l. 1. cap. 9. pr [...]viledges and exempti­ons from that Law, he may be exc [...]sably ignorant of and in such ignorance transgresse them.] Hereupon i [...] is sa [...]ely infer'd, that though every man have natu­rally [Page 125] this priviledge, to resist force with force, and be authorised by that, to lay violent hands, even upon the Popes life, as Gerson. Gerson exempli­fies, or upon the Emperours, as Acacius de privile. l. 1. c. 8. Acacius, when either of them exceeds the limits of their Magi­stracy, (for then the party becomes the Depu [...]y, and Lieutenant to Nature, which is a common and equall Soveraigne to them all.)

Yet I may wayve this benefit, if I will, and 4 I may suffer a thiefe to kill me. even by a theefe, I may suffer my selfe to be kil­led, rather then kill him in that mortall sinne. Sayr Thesau. Cas. Cons. l. 7. cap. 9. nu. 17. Which our Countryman Sayr, holds as the common opinion from S [...]tus, Navar, Cajetan, and many others. And none, that I have seen excepts to it, in any other person then a Souldier, or such as hath the lives and dignities of others so enwrapped in theirs, as they cannot give away themselves, but by betrayin [...] others. And this Desertion seems to bee of Naturall reason, because it is to be found in all lawes; for even in the Alcor. Azo­ar. 52. Alcorum we read [Vindicans non est reus, Patiens tamen optime facit.]

And our law, which if a man kill another in 5 Of se desen­dendo in our law. his own necessary defence, punishes him with losse of goods, and delivers him from death, not by acquitall, but by way of pardon, seemes to me, to pronounce plainly, that it is not law­full to defend my life by killing another; which is farther, then any of the others went. And when I c [...]mpare our two lawes, That if I defend my se [...]fe I am punished, and the other before [Page 126] mentioned, That if I kill my selfe I am punished in the same manner, and measure; they seeme to me, to be somewhat perplexed and captious.

And as I may depart from my naturall pri­viledge 6 I am not bound to es­cape from pri­son if I can, nor to eate rather then starve. of defending my selfe, so I may obtain from any extrinsique or accessory helpe, which is casually, or by providence (if God reveale not his will therein) presented unto me, Eman. Sa. Aphor. Conses. ver. Charitas. [for a man condemned to death, is not bound in conscience to redeeme his life with money, though by the law of the place he might doe it. And though Aquin. 22. q. 69. ar. 4. ad 2. Saint Thomas say, [That he which is condemned to dy, kills himselfe, if he apprehend not, an opportunity to escape by flight, when it is presented, and likewise if he refuse meate, when he is condemned to be famished,] yet the Sayr Thesau. Cas. Cons. l. 7. cap. 9. whole streame is against him, Sotus, Navar, Cajetan, and Sayr. And Navar adds, that in these dayes (and yet now it is not so likely to be Symbolum Idolotricae pravitatis) a man is bound rather to famish, then to eat meat offred to Idols.

And therefore they say; that Aquinas his opi­nion, That a man is bound to use his priviledge 7 For ends bet­ter then this life, we may neglect this. for safegard of his life, is onely true then, when he doth not wayve it, for some end berter and worthier then our naturall life; of which sort all spirituall advantages are. So that in such cases they all agree, we may abandon and for­sake our selves.

And we may step farther yet in this Deser­tion; 8 I may give my life for an­other. for we may offer our selves for the good of our neighbour. For the temporall life cannot [Page 127] be more precious then our soule; which, in rigour is murdered by every sinne consented unto. Yet Chris. Hom. 32. in Genes. Chrisostome sayes, [No praise is enough to give Sara for consenting to ly, and to sub­mit herselfe to Adultery for salvation of her husbands life.] I know Aug. l. 22. adver. faustum. cap. 33. Saint Augustine is earnest against this.

But his earnestnesse is upon the matter of fact, 9 Chrisostomes opinion of Sa­rahs ly, and Adultery. And St. Aug. of that wife who prostitu­ted her selfe to pay her hus­bands debt. for he denyes that either Abraham or Sara con­sented to any sinne; But when he Ca. 27. & primo: Deserm. Dom. in monte. disputes De jare, whether Sara by Abrahams consent might expose her selfe, to save his life, and is much troubled with the example of one which was prisoner, for debt to the State, under Acin­dinus a Praefect, under Constantius, whose wife being solicited by a rich man, who would give so much as would discharge her husband, to possesse her own night, by her husbands consent, earned his liberty in that manner; at last he leaves it indifferent for any man to think it lawfull or unlawfull in such a necessity, though indeede his own opinion decline from it. Bonavent. 3. Dist. 29. q. 3. Bonaven­ture denies, that for the temporall good of an­other, I may offer willinlgy my life. But he grounds it upon the same reason that Aug. de mendacio. c. 6. Augu­stine 10 That to give my life for another is not to prefer another, as Bonaventure, and Aug. say, but to prefer vertue before. life. doth; That we may not love another more then our selves, which in this case we seeme to doe.

But many of the Fathers, Hierome, Ambrose, and Lactantius, and many of the Schoole, as Aqui­ [...] Fra. Victoria, Sotus, Bannes, and infinite are [Page 128] against him: and answer Saint Augustine thus, That in that case, a man doth not prefer his friend before himselfe, but he prefers an Act of vertue, and of friendship, as things of more spirituall Nature, before his own temporall life.

But that for the spirituall good of another, 11 For spiri­tuall good is without que­stion. a man should expose his own life, is an unresi­sted doctrine, and as Sayr Thesau. Cas. Cons. l. 7. c. 9. nu. 17. Sayr saies, [It is sub prae­cepto,] So Eman Sa. Aphor. Con­verbo Charit. a Curate is bound to baptize, and to anoint in the plague time. Yea, it is an act of Vertue, though not of necessity, (as in the Curates case) Idem verbo Ho. [To visit a sick man, in such a time, though you bee a private man, and your end be not spirituall comfort. 12 I may give another that without which I cannot live.

And we may yet proceed farther, for wee may lawfully dispossesse our selves of that, which was before afforded us, and without which we can have no hope to sustaine our lives. Aquin. 22. q. 32. ar. 6. As in a persecution, a private man, having food left sufficient only to sustaine one man, may give it to a publike person, and so perish. And only Sotus denyes, that in a shipwrack, if after wee Sotus. have both beene in equall danger, I catch and possesse my selfe of any thing to sustaine me, I 13 I may o­ver-fast my selfe. may give this to my Father, or to a Magistrate: against the strength of Navar, Tolet, Fra. Victor. and many others.

The farthest, and uttermost degree of this Desertion, is inordinate and indiscreete volun­tary fasting, of which Saint Hierome, (as it is [Page 129] De Consecr. Dist. 5. Non Mediocriter related into the Canons) sayes, [That by such an immoderate innocence, and indiscreete singing of Psalmes, and Offices, a man looseth his dignity, and in­curres the note of madnesse,] And upon this place Navar ex Dist. 5. de cons. This in Saint Hieroms opi­nion is Self­homicide. Navar sayes, That Saint Hierome pronoun­ceth, an [Indiscreete fasting which shortens the life, if the party perceive that it worke that effect, though it be without intention to shorten his life, and that he doe it, to be the better able to satisfie God, yet it is a Selfe-Homicide.] And Soto de teg­secret mem. 1. q. 3. ex Hieron hee adds in another place, speaking of the same purpose, [It makes no difference whether thou be long in killing thy selfe, or doe it at once]

And Cas. Collati­one 2. c. 6. so Cassianus sayes expresly, [That 15 Of the Friar whom Cassianus calls a Selfe-Homi­cide for refu­sing bread from a theefe, upon a vow. Of Christs fast. that Friar killed himselfe, which having vowed in his journey, to eat nothing except Godgave him meat immediately, refused to eat, when theeves accustomed to kill passengers by that place, came and presented him bread.] And yet, though he saies he killed himselfe, he imputes nothing to him but Indi­scretion. And therefore saith Bosquier Cove. 17. one, [Our Sa­viour Christ exceeded not 40. dayes in his fast, Ne sui Homicida videretur.] And he interprets that c Idem Cove. 18. 16 Of Philo­sophers inor­dinate fasts. word, Porphir. de Abstiu. Anti. Esuriit, [That then he perceived his body to languish and suffer detriment by fasting] For, if he had not hungred till then, his fasting had had no vertue. So that he gave over, when he found the state of his body impaired by fasting, yet pursu­ing and imitating the superstition of the Philo­sophers, who taught that Idem de oc­casionibus. [Dum corpus augemus, mortaliores efficimar,] And that (e) [Per tenuita­tem [Page 130] assimilamur Deo,] How much the writers in the Romane Church suffer, and obliquely ad­hort these inordinate Fasts, and other disciplines, appears by that which I cited out of Clarus Bo­narscius Supra. before, and wheresoever they have occa­sion to speake thereof.

And in no one thing more, then that they 17 Of the de­vills threat­ning S. Francis for fasting. inculcate so often, [That it was the practise of the Devill, to appeare to Saint Francis, and cry out to him, that no man which kills himselfe with such ma­ceration, could be saved,] which Cap. de Au­steritate. Bonaventure relates in his life.

Whatsoever hath beene done by others, they 8 Examples of long fasts. teach, we ought to exceede. And since Middendor. de Academiis fol. 298. [The Monkes in Prester John his Dominions, fast strictly fifty dayes, and stand all that time to the chinne in water.] Since they finde in Lilius Gyr. Dialog. 17. Abbas Vrsperg, a maid that fasted two year and a halfe after she had received the body of our blessed Saviour.

And an Eremit 22. yeares, without receiving 19 Reasons, effects, and obligations, to rigorous fasts. any thing, they say no fast can be too severe, which is undertaken to reduce our body to a tamenesse. Yea, Sayr Tbesaur. Cas. Cons. l. 3. cap. 7. 11. 13. [though that be already perfectly effected, yet a man is bound to the fasts injoyned.] For Azor. Mor. Inst. pa. 1. l. 7. cap. 3 [...]. [Fasting, without charity, doth wash away sinne.] By this rigor of fasting, they seeme sure, that our Saviour watched all those 40 dayes: be­cause Bosqui. Coue. 17. [Qui dormit, prandet.] And as it is not likely that Moses slept in his 40 dayes con­versation with God, so is it unlikely that Christ did lesse then he. And so Saint Francis is extoll'd [Page 131] by them, for observing three Lents every year, which Hier. Epist. ad Marcell. Saint Hierome so much detests in the Montanists. And though their ends were divers, yet this shewes, that to some ends, these enor­mous witherings of our bodies are allowable. Upon which reason Mat. 3. 4. John Baptists austerity is so much dignified; And Greg. Naz. Oratio, de Cu­ra pauperum. Saint Peters fee­ding upon Lupins; And Clem. Alex. l. 2. Paedag. c 1. Saint Matthewes li­ving without flesh. And not onely the Empe­rour Iustinians choise, Procop. Gaz. l. 1. de aedificiis Iustiniani. [Who in an extreme sickenesse in Lent, would take nothing but hearbs, and salt, and water,] but also the Sayr. Thesau. Cas. Cons. l. 7. c. 9. N. 30. Carthusian Rule, by which though it appeare that flesh would save the Patients life, hee may not eate it. And by the Clem. Apo­stol. Constit. l. 4. cap. 7. Apostolicall constitutions, (which Tur­rianus extols so much, that by them he confutes much of the Reformed Churches doctrine) [A man must fast to death, rather then receive any meat, from an Excommunicate person.] And in another Chapter, Ibid. cap. 9. [If any thing be in a case of extreame necessity accepted from such a person, it may bee be­stowed in full, that so their Almes may be burnt, and consumed to ashes, but not in meate to nourish our selves withall.]

So, to determine this Section of Desertion, since 20 Corollary of this Section of Desertion. we may wayve our defence which Law gives, by putting our selves upon a Jurie; and which Nature gives, to repell force with force, since I may without slying, or eating when I have meanes, attend an Executioner, or Famine, since I may offer my life, even for anothers tempo­rall [Page 132] good, since I must doe it for his Spirituall, since I may give another my board in a Ship­wracke, and so drowne, since I may hasten my arrivall to heaven, by consuming penances, it is a wayward and unnoble stubbornesse in argu­ment, to say still, I must not kill my selfe, but I may let my selfe dye; since of Affirmations and Denyals, of Omissions and Committings, of Enjoy [...]ing and Proh [...]bitory Commands, ever the one implies and enwraps the other. And if the matter shall bee resolved and governed only by an outward act, and ever by that; if I forbeare to swimme in a river and so perish, be­cause there is no act, I shall not be guilty, and I shall bee guilty if I discharge a Pistoll upon my selfe, which I knew not to be charged, nor intended harme, because there is an act.

Of which latter opinion Mariana de Rege, l. x. cap. 7. Mariana the Jesuite seemes to be, as we shall have occasion to note, in the next Member and species of Homitide, which is, Assistance.

SECT. VI.

But before we come to that, we must, though 1. Of another degree of Ho­micide, by Mu­tilation, which is not in Tolets Division. it be not, nor naturally could be delivered in To­lets Division; consider another species of Homi­cide, which is Mutilation or Mayming.

For, though in Civill Courts, it be not sub­ject to like penaltie, yet if it bee accompanied with the same Malignitie, it is in conscience [Page 133] the same sinne, especially towards our selves; because it violates the same reason, which is, that none may usurpe upon the bodie over which he hath no Dominion.

Upon which reason, it is also unlawfull for us to 2 Of delive­ring ones selfe into bondage. deliver our selves into bondage; (which I men­tion here, because it ariseth from the same ground, and I am loath to afford it a particular Section. Yet Baron. Mar­tirol, Junii 2. holy Paulinus, a Confessor, and Bishop of Nola, then whom I find no man celebrated with more fame of sanctitie and in­tegrity, to redeeme a Widowes Sonne, delive­red himselfe as a a slave to the Vandals, and was exported from Italy to Afrique; and this, as I thinke, when hee was necessary to that place, being then there Bishop; for that was but five yeares before his death.

But to returne to Mutilation, Tabula Paris. irregularit. it is cleare by the Canons, that towards irregularity, it works as much, and amounts as farre, to have maymed, as to have killed.

And Binius To. 2. pa. 2. fo. 1280. in a Councell at London, Anno 1075 3 By divers Canons it is all one fault. one Canon forbids a Clergy man, to bee pre­sent at judgement of death, or of Mutilation. And amongst the Can. Apost. Can. 21. Apostles Canons this is one, [He that gelds himselfe cannot be a Clerke, because he is an Homicide of himselfe, and an enemy to Gods creature. [ Stanf. Plees del Coron. And to geld, is to maime in our Law.]

So in the next Canon it is said, [ Canon. 23. A Clerk which gelds himselfe must be deposed, Quia homi­cida [Page 134] sui.] Canon. 23. And a Lay-man must for that fault be excommunicated three yeares, quia vitae suae po­suit insidias.] It was therefore esteemed equiva­lent to killing.

And Calv. in Mat. 19. 4. Marlo­rate. Calvine, esteemed it so hainous, that he builds his Argument against Divorce upon this ground, [God made them one Body, and it is in 4 Of Calvins argument a­gainst divorce, upon the ground of Mutilation. no case lawfull, for a man to teare his owne body.] But if this be so lawfull as Divorces are law­full, certainly this peremptorie sentence against it, must admit some modification.

Without doubt, besides the examples of holy men who have done it, to disable themselves 5 The exam­ple of Saint Mark to escape Priesthood. from taking the burden of Priesthood, of which Hicr. Prolog. in Marcum. Saint Marke the Evangelist was one, who to that end cut off his thombe. And besides, that as our Saviour said, Mat. 19. 12. [Many should geld themselves for the Kingdome of heaven.] So Orat. vero Anto. & com­modo Philoso­phis. A­thenagoras, 50 yeares after Christ, saies, [that ma­ny did practise it.] It is doubted by none, [But Sayr Thes. Cas. Cons. l. 7. cap. 9. that a man unjustly detained to a certaine exe­cution, may cut off that limbe by which he is tyed, if he have no other way to escape: or being encom­passed 6 In what ca­ses it is cleare that a man may mayme himselfe. with doggs, he may cut off a hand, and cast it to them, to entertaine them while he escape.

SECT. VII.

The last species of Homicide, on this side; the 1 Of Tolets fourth way, by actual helping last act, is an actuall helping and concurrence to it. And every step and degree conducing pur­posely [Page 135] to that end, is as justly by Judges of Consciences, called Homicide, as Ardoinus de venenis l. 8. c. 20 Ardonius ree­kóns a Flea a­mongst poy­sons because it would kill. Ardoinus recknoning up all poysons, which have a natu­rall malignity and affection to destroy mans bo­dy, forbeares not a Flea, though it never kill, because it endeavours it, and doth all the hurt it can; and he is diligent in assigning preserva­tives and restoratives against it.

And 2 Sam. 1. 16. so to that Amalekite, which told Da­vid he helped Saul to dy, when hee found him 2 David con­demned the Amalekite, who said, he helped Saul to dye. too weake to pierce himselfe, David pronoun­ced judgement of death, for (saith hee) thine owne mouth hath confessed, That thou hast kill'd the Lords Anointed.

Certainely, Mariana de Rege. l. 1. c. 7. Mariana the Jesuite, whom I named before) esteemes this actuall concur­rence to ones death, as heavy as the act it selfe; 3 Marianaes opinion, that a King drink­ing poyson, prepared and ministred by another, he be­ing ignorant, is a Selfe-ho­micide. yea, as it seemes, though the party bee igno­rant thereof. For, after hee concluded how an Hereticall King may be poisoned, he is diligent in this prescription, [That the King bee not con­strained to take the poyson himselfe, but that some o­ther may administer it to him: And that therefore it be prepared, and conveied in some other way then meate or drinke, because else, saith he, either willing­ly or ignorantly he shall kill himselfe.] So that hee provides, that that King who must dye under the sinnes of Tyranny and Heresie, must yet be defended from concurring to his owne death, though ignorantly, as though this were a greater sinne.

[Page 136] Since therefore this hastning of our death by such an act, is the same, as the intire Selfe-ho­micide, let us consider how far [...]e irreproved Cu­stome, and example, and Law doth either al­low or command it.

For that it is allowable, it seemes to me some proofe, [ Sotus de teg. Secret. Memb. 1. q. [...] That before any man accuses him, a Malefactor may go and declare his fault to the Iudge.]

Though amongst Italian relations, Sansovin. de Gover. that in 4 A Malefa­ctor unaccu­sed, may ac­cuse himselfe. Sansovine concerning England have many marks and impressions of malice, yet of that custome, which hee falsely sayes to bee observed here, [That men condemned to be hanged are ever accom­panied 5 Of Sanso­vinus relation of our cu­stomes at Ex­ecutions, and withdrawing the pillow in desperate cases. to their Executions by all their kinred, who then hang at their feet, to hasten their ende; And that when a Patient is abandoned by the Physicians, his neerest kinsman strangles him with a pillow.] Of this, I say, that Author had thus much ground, that ordinarily at Executions, men, out of a Charitie, as they thinke, doe so; and wo­men which are desperate of sicke persons reco­very, use to take the pillow from under them, and so give them leave to dye sooner. Have they any more the Dominion over these bo­dies, then the person himselfe? Or if a man were able to doe these Offices to himselfe, might he not doe it? Or might he not with a safe con­science put so much waights in his pockets, as should countervaile their stretchings? I speake but comparatively; might not he doe it as well as they?

[Page 137] For to my understanding such an act, either 6 Of breaking leggs of men at executions: And of brea­kinge the hal­ter. in Executioner or by-stander, is no way justifi­able; for it is both an injury to the party, whom a sudden pardon might redeeme; and to the Justice, who hath appointed a painfull death to deterre others. Iohn 19. The breaking of legs in Crucified men, which was done to hasten death, was not allowed but upon Petition. And the Law might be much defrauded, if such vio­lence might be used, where the breaking of the halter delivered the Prisoner from death; as in some places it doth; and Lucas de­penna l. 1. c. de descr. et occult. Iohan. de Ant. Soliloq. 5. Optine. in D: leg. Imperium. good opinions concurre, that it is to doe ever without doubt, whatsoever is for ease, or escaping painfull pas­sage out of this life; in such cases, a man may more allowably doe by his owne act, then a stranger may. For Law of Nature enclines and excuses him, but they are by many Lawes for­bidden to hasten his death; for they are no o­therwayes interessed in it, then as parts of the whole body of the State, and so it concernes them, that Justice be executed. Yet we see, this, and the other of withdrawing the pillowes, is ordinarily done, and esteemed a pious office. The Athenian Executions were ever by the hand of the offendor, in judgements of poyson.

And in Num: 5. that law of Purgation assigned by God, to ease a man on whom the spirit of 7 Of the pur­gations assig­ned by Moses [...]n cases of jea­lousie. Jealousie was come, the Woman was to take the water of curses and bitternesse, which should make her infamous, and her belly swell, and [Page 138] her thighs to rot. And those formes of Pur­gation, which were called Vulgares, lasted long, Of formes of purgation cal­led Vulgares. even in the Church; For there is nothing ex­tant against them, till 2. q. 5. con­suluisti. Stephen the fift, An­no 885.

And not onely Tholos. Syn. l: 48: c: 15. n: 7. Charles the great, in whom the Church acknowledged Piety enough, indu­ced one forme severer then the rest, which was to walke upon 9 burning Harrows. But Greg. Turo. Hist. Fraucor. l: 2: c: [...]: Bri­tius a Bishop, being but callumniated by the people extrajudicially, to have got his Laun­dresse 9 Charlemaine brought in a new purgati­on. And Bri­tius a B. ano­ther being ac­quitted before with child, after his innocence had prevai­led so farre with God, that the childe of 30 daies age, being adjured in the name of Christ, had acquitted him, did not admit, but chose and ex­tort a forme of Purgation, to carry burning coales upon his head. With us, Lamb. de legibus priscis Anglorum. both the spe­cies of Ordalium lasted evidently till King Johns time.

And though into that of boyling water men were forced to goe, yet that was but for the 10 With us bothkindes of Ordalium, by water, and fire lasted till K. Iohns time. meaner sort; but to carry the three pound weight of red hot Iron, which was for the Purgation of the persons of better qualitie, was an act, as all the former were, in which a man must of ne­cessitie doe some thing actually himselfe, and 11 In al these, and in battaile the party him­self assisted to his payne. bee the Executioner of his owne Judgement; which as long as these formes of Purgation, and the other by Battell, were lawfull, was lawfull also to be done.

And in S. Dorothaus, who euery where pro­fesses [Page 139] a love to that obedience, which himselfe 12 Three ex­amples of a­ctuall helpers to their owne destruction in S. Doroth. calles indiscreet, you shall reade many prayses given to men, who did not onely forsake them­selves, but actually further their destruction; though not effectually; which makes no diffe­rence, if it be in dangers, which usually men e­scape not. B: Doroth. doctrinâ 1. de Renunciatione. He prayseth one Fryar, who be­ing by his Abbat commanded to returne that night, the waters being risen, committed him­selfe to a raging torrent, in such an obedience.

And another, who being bid by his Abbat, to goe into the Towne, where he doubted hee should fall into some tentation, by some spectacle, went but with this protestation, That he hoped not in the protection of God, but in him who sent him. But the most naturall to our present purpose is this; Idem Doct: 7. de accus. sili ipsius. That a holy old man seeing his ser­vant mistake poyson for honey, and put it into his broth, eate it neverthelesse without chiding; and when the servant perceived it, and exclai­med, Sir, I have kill'd you, answere, it is all one, for if God would have had mee eate ho­ney, he would have directed thy hand to honey.

Of the holynesse of Joseph of Arimathaea, we have testimony enough; Supplement: Chron. an. Chr. 3. who being sent by the Apostles to preach the Gospel, amongst other persecutions, was constrained to drinke 13. Of [...]oseph of Arimathaea his drinkinge poyson. poyson: in which there must of necessitie bee such an act, as we dispute of now.

How much did Navar man. ca: 1. n. 28. Baint Andrew contribute [Page 140] to his owne Crucifying? How much Saint Laurence 14. Of Saint Andrew and Saint Lawr. to his broyling, when he called to the Tyrant, This side is enough, turne the other, and then eate?] [ Controv. 3. Magni quod faciunt, praecipiunt,] sayes, Quintillian. And these acts of men, otherwise esteemed holy, may ever be good warrants and examples to us, when the cause is not prejudged by any greater authoritie, as Scripture, or Coun­cells, nor that very act accused by any Author.

But to stay no longer upon Examples, amongst Casuists I observe the greater number to deny, 15. Casuists not clear whe­ther a con­demned man may doe the last act to his death. that it is lawfull for a man condemned, to doe the last and immediate act conducing to death, as the drinking of poyson; But the acts some what more removed, they agree he may doe.

And even this act of drinking poyson, Relect. de Homicid: n: 30: in refp. ad 8. Fra: a Victoria defends, to be lawfull. So that amongst them it is not clear, but that a man may do it. Yea, in very many cases, it is not onely lawfull to doe as much, without any condemnation, but it is 16. But unto Curates and Priests some­times it is sub praecepto, even without con­demnation. necessary, and by their rules, sinnefull to omit it. For Curates must goe to infected houses, to minister the Sacraments. And Sayr Sum: Sacram. poenit: cap 32. if a Priest en­ter a wood, where three waite to kill him, and one of them repenting that purpose meet him; and by way of Confession sub Sigillo, discover the fault, the Priest is bound to goe forward to a certaine death into a wood, rather then by re­turning to let the others know, that he knew it by confession. So peremptory is their Do­ctrine, how ever their practise be, against revea­ling [Page 141] Confessions. And though perchance this seeme a wanton case, framed upon impossible concurrences, as De teg. Sec. memb. 3. q. 4. Soto esteemes of it, yet the reason may have use; That though selfe-pre­servation be Divine Naturall Law, and the seale of Confession but Divine Positive Law, yet be­cause circumstances are not alike, in this, a pub­lique good shall be preferred before his private life. So that we may doe some Acts our selves, which conduceth probably, yea certainly, as farre as humane knowledge can reach, to our de­struction: which is the neerest step to the last act of doing it intirely our selves.

SECT. VIII.

Of which last act, as we spoke whilst we con­sidered the Law of Nature, and must againe 1. Of Tolets last Species of Homicide which is the act it selfe. when we come to understand those places of Scripture, which seeme to ayme towards it, so before wee conclude this part, of the Law of Reason, we may fitly present such deductions, comparisons, and consequences, as may justly seeme in reason, to annihilate or diminish this fault. Of which, because most will be groun­ded, either upon the conscience of the Doer, 2. How farre an erring con­science may justifie. or upon the Churches opinion of the fact when it is done, wee will onely consider how farre an erring Conscience may justifie any act, and then produce some examples of persous guilty of this, and yet canonized by the Church, by admission [Page 142] into the Martyrologe, and assigning them their Feasts, and Offices, and Vigils, and like religi­ous Celebrations. Therefore to make no use of Diog. Laert. lib. 8. Pythagorus example, who rather then hee would offend his Philosophicall conscience, and either tread upon the Beanes himselfe, or suffer 3 Pythagoras conscience. his Scholers to speake before their time, deli­vered up himselfe, and forty of them to his Enemies sword. And to avoide the ambages and multiforme entangling of Schoolemen; herein we will follow that which is delivered for the common opinion; which is, Azor. Inst. Mor p. 1. l. 2. cap. 8. that not onely a conscience which errs justly probably and Bona side, that is, after all Morall industry and dili­gence hath beene used, (yet I meane not exqui­site diligence, but such as is proportionall to the person, and his quality, and to the know­ledge which that man is bound to have of that thing, at that time) is bound to doe according to that mis-information, and mis-perswasion so con­tracted. But also, if it erre negligently, or o­therwise viciously, and mala side, as long as that errour remaines and resides in it, a man is bound not to doe against his conscience.

In the first case, if one in his conscience thinke that hee ought to lye, to save an innocent, or that he ought to steale to save a famished man, he is a Homicide if he lye not, or steale not.

And in the second case, though he bee not bound to any Act, yet it is lawful to him then, to omit any thing necessary otherwise. And this [Page 143] obligation which our Conscience casts upon us, is of stronger hold, and of straighter band, then the precept of any Superiour, whether Law, or person; and is so much juris naturalis, as it can­not be infringed nor altered, beneficio divinae in­dulgentiae, to use their owne words. Which Do­ctrin, as it is every where to be gathered among the Casuists, so is it well collected and amassed, and and argued, and confirmed, especially by Azori­us. If then a man after convenient and requi­site diligence, despoiled of all humane affections, and self-interest, and [Sancto bonaee impatientiae igne Epist. 3. Sever. lib. 1. exardens,] as Paulinus speaks; do in his conscience beleeve that he is invited by the Spirit of God to doe such an act as Ionas, Abraham, and per­chance Sampson was, who can by these rules con­demne this to be sinne? And therefore I doubt there was some haste and praecepitation in Cassia [...]. Col­lat. 2. cap. 5. Cas­sianus his judgement, though otherwise, a very just esteemer and valuer of works of devotion and obedience; who pronounces that that ap­parition of an Angell, to Hero an Eremit, after 50 yeares so intense and earnest attending of 4 Of the ap­parition to Hero an Ere­mit by which he killed him­selfe; out of Cassianus. Gods service, and religious negligence of him­selfe, that he would scarse intermit Easter day, from his strict fasting, and being now Nazarius constantio. Victo­riarum conscientia plenus, (as the Panegyrique saies) was an illusion of the Devill to make him de­stroy himselfe. Yet Hero being drawn out of the Well into which he had cast himselfe, and living three dayes after, persisted in a devout acknow­ledgement [Page 144] that it was the Spirit of God, which sollicited him to that, and dyed in so constant an assurance and alacrity, that Paphnutius the Ab­bat, though at first in some suspence, did not number him inter Biathanatos, which were per­sons reputed vitiously to have killed themselves.

Nor may it be necessarily concluded, that this 5 The Devill sometimes sol­licites to good. act was therefore evill, if it appeared to be from the Devill. For Wier. l. 5. c. 1 [...]. Wierus, tells us of a maid whom the Devill perswaded to goe such a Pil­grimage, and at such an Altar, to hear a Masse, for recovery of her health.

Certainly if as Vasq. de ado­rat. l. 3 disp. 1. cap. 5. Vasquez holds, [it be not I­dolatry to worship the Devill in an Apparition, which I thinke to be God] it can be no offence to be­leeve 6 By Vasquez it is not Ido­latry to wor­ship God in the Divell. him, after I have used all meanes to dis­cerne and distinguish: For not onely those Rules which are delivered ordinarily to know him by, are apparantly false, which are a diffe­rence 7 Rules to di­stinguish the spirits by marks are false. in his hands or feet, or some notable de­formity by hornes, or a tayle, of which Binsfeld. de confes. sagarum, f. 67. Menghi fustis Daemonum, cap. 8. Bins­feldius seems confident of the first, and (h) Men­ghi of the second. But that Rule that God al­waies infuseth or commands good things, if it be understood of that which is good, in the com­mon and naturall course is not alwaies safe, for it held not in Abraham, nor the Israelites case. 8 So is the Rule, That good Angels alwaies move to good ordi­narily. Therefore though Vasquez his first excuse, That such a worship is not Idolatry, because by reason of our immediate relation to God, we never ar­rest nor stop upon the Devill by the way, will [Page 145] doe no good in our case of beleeving, yet his o­ther will, which he hath in the same place, That 9. As in ado­ration, so in this case, in­vincible igno­rance may ex­cuse. there may be an invincible ignorance, and that in that any exterior act whatsoever, proceeding from a sincere and pure intention of the mind, is an act of true Religion. For safelier then the Inc. Constan Panegyrick could say to Constantine, [Suacui­que Prudentia Deu [...] est] may we say of every mans conscience thus rectified. If therefore they will still turn in their circle, and say, God concurs to no evill, we say nothing is so evill, but that it becomes good, it God command it; and that this is not so naturally evill, that it requires a speciall commission from God [...]; but as it be­comes good, if he commands it, so it becomes indifferent, if he remove the reasons with which the precept against it was conditioned. If they Supra. returne to S. Augustins two reasons against Dona­tus, whereof the first was, [we have authority to save thy body against thy will,] And the second, [None of the faithfull ever did this act] we are thereby hastned to the other consideration, how they which have done it, have been esteemed of by the Catholique Church. 10. Of Saint Aug. his first reason to Do­natus, that we may save one against his will.

But to speake a little in passing of Saint Au­gustines second reason, (for the first hath very lit­tle force, since though it may be lawfull to pre­serve a man willing to die, yet it is not alwaies of merit, nor obligatory; And therefore Ignatius ep: ad Romanos. Ig­natius doth so earnestly dehort the Rom [...]ns from endeavouring to succour him. And Ant. August. Episc. Tarrac: de leg. Roman. cap. 44. Corona [Page 146] Civica which was given to any which had rescu­ed a Citizen in the warres, was not given though he produced witnesses of the fact, except the person so rescued confessed that he received a benefit thereby;) why doth S. Augustine referre Donatus in that second reason, to examples. For 11. Of his se­cond of exam­ples: and of his escape if Donatus had produced ex­amples. if Donatus had produced any (as out of credible and authentique History he might very many, and out of Scriptures Canonick in De civitate Dei l. 18. cap. 38. et lib. 2. cont. Gaudent. cap. 23. S ^t. Augu­stines opinion, he might have alledged the exam­ple Eleazar, and of Rasis,) Saint Augustine was ever provided for this retrait, That it was a spe­ciall inspiration, and not to be drawn into con­sequence or imitation.

Had it been a good Argument in Rome for 12 Divorce in Rome, and in Jurie long without exam­ple. 500. yeeres, that Divorce was not lawfull, be­cause A: Gellius l: 4. cap. 3. no example was of it? Or almost for 2000. That a woman might not sue it against her Husband, because Serarius de Rabbin. et He­rodibus cap. 17. till Herods daughter there was no example of it? But now when the Church hath thus long persevered, in not only justifying but solemnizing many examples here­of, 13. S. August. schollers in this point of examples, as stubborne as Aristotles, for the heavens inalterablnes, though the reason of both be ceased. are not Saint Augustines Disciples guilty of the same pertinacy which is imputed to Aristotles followers, Kepplerus de Stella Serpent. cap. 23. who defending the Heavens to be inalterable, because in so many ages nothing had been observed to have been altered, his Schol­lers stubbornly maintain his Proposition still, though by many experiences of new Stars, the reason which moved Aristotle seems now to be utterly defeated?

[Page 147] Thus much being spoken by the way of Saint Augustine, and having purposely sepos'd the ex­amples recorded in the Scriptures, for our third part, we will consider some Examples registred in the Ecclesiastick History.

The Church whose dignity and constancy it becomes well, that that Rule of her owne Law, be ever justly said of her self, Sextus Reg. Iur: quod se­mel. [Quod s [...]mel placuit amplius displicere non potest] where new reasons do not interpose, Baron. Mar­tyrolog. celebrates upon the 9. of February the Birth, (that is the death, of the Virgin and Martyr Appollonia; who, after the persecutors had beat out her teeth, and vexed her 14. Of the Martyr Apol­lonia. with many other tortures, when she was presen­ted to the fire, being inflamed with a more bur­ning fire of the Holy Ghost, broke from the Of­ficers 15 Of an­swers in her excuse. hands, and leapt into the fire.

For this act of hers many Advocates rise up for her, and say, that either the History is not cer­tain, (yet the Authors are Beda, Usuardus, Ado, and (as Barronius sayes) Latinorum caeteri) Or else, Sayr. Thesaur. Cas. Cons. l. 9. c. 7. num. 11. says Sayr, you must answer that she was brought very neer the fire, and as good as thrown in: Or else that she was provoked to it by divine in­spiration. But, but that another divine inspi­ration, which is true Charity, moved the behol­ders then to beleeve, and the Church ever since to acknowledge, that she did therein a Noble and Christian act, to the speciall glory of God, this act of hers, as well as any other, might have been calumniated to have been done, out of wea­rinesse [Page 148] of life, or fear of relapse, or hast to Hea­ven, or ambition of Martyrdome.

The memory of Baron. Mart. Pelagia, as of a virgin and Martyr, is celebrated the ninth of June. And 16. Of the Martyr Pela­gia. though the History of this woman suffer some perplexity, and giue occasion of doubting the truth thereof, (for Ambrose says, That she and her 17. Though her History be very uncertain the Church seems glad of occasion to ce­lebrate so no­ble a fact. Mother drownd themselves; and Chrysostome that they slung themselves downe from a house top. And Baronius saw this knot to be so hard to un­entangle, that he says, [Quid ad hac dicamus, non habemus]) yet the Church, as I said, celebrates the Act, as though it were glad to take any occa­sion, 18. Augustins testimonie of her. of approving such a courage in such a cause, which was but preservation of Chastity. [ August. de Civitate Dei l. 1. cap. 26. Their Martyrdome saith Saint Augustine was ever in the Catholique Church frequented Veneratione Celeberrima.]

And De Virg. l. 3. Saint Ambrose, when his sister Mar­cellina, consulted him directly upon the point, 19 Ambrose meditation upon her. what might be thought of them who kill them­selves in such cases, (and then it is agreed by all that the opinions of the Fathers are especially to be valued, when they speake of a matter, not in­cidently or casually, but directly and deliberate­ly) answers thus, [We have an example of such a Martyrdome in Pelagia] And then he presents her in this religious meditation, [Let us die, if we may have leave, or if we be denied leave, yet let us die. God cannot be offended with this, when we use it but for a remedy;] and our faith takes a way all offence. [Page 149] Here is no difficulty: for who is willing to dye, & cannot, since there are so many waies to death? I will not trust my hand least it strike not home: nor my breast, least it withdraw it selfe: I will leave no escape to my flesh, for we can dve with our own weapons, and without the benefit of an Executioner.

And then having drest her selfe as a Bride, and going to the water, Here, sayes she, let us be baptized; this is the Baptisme where sinnes are forgiven, and where a kingdome is purcha­sed: and this is the baptisme after which none sinnes. This water regenerates; this makes us virgines, this opens heaven, defends the fee­ble, delivers from death, and makes us Mar­tyrs. Onely we pray to God, that this water scatter us not, but reserve us to one funerall. Then entred they as in a dance, hand in hand, where the torrent was deepest, and most violent. 29. Eusebius his Oration i­magind in the person of her mother. And thus dyed, (as their mother upon the bank called them) [These Prelates of virginitie, Cap­taines of Chastitie, and companions in Martyrdome.]

And before Ambrose, we finde Eusebius Eccles. Histor: l. 8. cap. 4. Eusebius to have been of the same perswasion, who thus produces the Mother encouraging them; [You know how I have brought you up, in the feare of God; and shall your nakednesse, which the publike ayre hath not ha [...] leave to see, now be prostituted in the Stewes? Have not so little faith in God, as to feare death, Despise not Chastity so much, as to live with shame; but with a pure and chaste death condemne this world. [Page 150] And so, deluding their Keepers, as though they with­drew for naturall necessities, they drowned them­selves.] All Authors of that time are so pro­fuse in the praise of this fact, that it is just to say thereof, as Plin. paneg. Trajan. Pliny sayes of Nervaes a­dopting Trajane, [It was impossible it should have pleased all when it was done, except it had pleased all before it was done.]

For no Author, that I have lighted upon, diminished the glory of these and such other, 21. S. August. first of any doubted their fact, and did seeke shifts to defend it which it needed not. untill Saint Augustine out of his most zealous and startling tendernesse of conscience, began to seeke out some waies, how these Selfe-homicides might be justified, because he doubted that this act naturally was not exempt from taxation. And yet ever hee brings himselfe to such per­plexitie, as either he must defend it, and call in question, the authority of a generall consonance of all times and Authors, or retire to that poore and improbable defence, that it was done by Divine instinct. Which can very hardly be admitted in this case, where not their Religion but onely their Chastitie was solicited and at­tempted.

Nor can Saint Ambrose, or Eusebius be drawn to that opinion of especiall Divine instinct, be­cause speaking ex animo, though in the mothers person, they incite them to it with reasons from 22. S. August. example hath drawne Pedra­ca to the same shift, of special divine Instinct in a like case. Morrall vertues.

Yet Saint Augustines example, (as it prevailes very much, and very justly for the most part) [Page 151] hath drawne many others since to the like in­terpretation of the like acts. For when the king­dome of Naples came to bee devided betweene Ferdinand the fifth, and Lewis the twelfth, the French Army being admitted into Capua, upon condition to do no violence, amongst many out­rages, a virgin not able to escap the fury of a licen­tious Souldier, offered for ransome to lead him to treasure: and so tooke advantage of a place in the wall, to fling her selfe into the River. [Which act, Pedraca Cas. de consc. 5. praec. Hispanica Editio. sayes Pedraça, we must beleeve to be done by Divine inspiration, because God loves cha­stity now as well as ever he did.] Which escape every side may finde easie, if being pressed 23. So says P. Martyr of the Midwiues and of Rahabs lye. with reason they may say, as Peter Martyr doth of the Egyptian Midwives, and of Rahab, and such, In Jud 3. [If they did lye, they did it, impulsu Dei.]

But as our custome hitherto hath been, let us depart from Examples to Rules; though concurrence of Examples, and either an expresse or interpretative approbation of them, much more such a dignifying of them, as this, of the whole Church, and of Catholike Authors ap­proved by that Church, bee equivalent to a Rule. And to ease the Reader, and to continue my first resolution of not descending into many particulars, I will onely present one Rule, but so pregnant, that from it many may be derived; by which, not onely a man may, but must doe the whole and intire action of killing himselfe; which is, to preserve the scale of Confession. [Page 152] For though Io: de Lap. Cas. Missales c. 6: art. 5. the Rule in generall bee, [That 24. To pre­serue the seale of confession a man may be bound to kill himselfe. if a Spider fall into the Chalice, the Wine may be changed, because, Nihil abominabile de­bet sumi occasione hujus Sacramenti.] And so Ibid. it may, if the Priest after Consecration come to the knowledge that the Wine is poysoned, [Ne calix vitae vertatur in mortem;] Yet Sotus de teg. secret. memb: 3. q: 4. if hee know this by Confession, from his assistant, or any other, and cannot by any diversion, nor disguise, escape the discovering, that this was confessed to him, without drinking it, if it bee poyson, he m [...]st drinke it.

But because men of more abundant reading, active discourse, and conclusive judgement, will easily provide themselves of more Reasons and Examples, to this purpose; it shall satisfie me, to have awakened them thus much, and shewed them a marke to direct their Meditations upon. And so I may proceed to the third Part, which is of the Law of God.

SECT. I.

THat light which issues from the Moone, 1 An induct­ion to the handlinge of these places of scripture. doth best represent and expresse that which in our selves we call the light of Nature; for as that in the Moone is perma­nent and ever there, and yet it is unequall, va­rious, pale, and languishing, So is our light of Nature changeable. For being at the first kind­ling at full, it wayned presently, and by de­departing further and further from God, decli­ned by generall sinne, to almost a totall Eclipse: till God comming neerer to us first by the Law, and then by Grace, enlightned and repayred it againe, conveniently to his ends, for further exercise of his Mercy and Justice. And then those Artificiall Lights, which our selves make for our use and service here, as Fires, Tapers, [Page 154] and such resemble the light of Reason, as wee have in our Second part accepted that Word. For though the light of these Fires and Tapers be not so naturall, as the Moone, yet because they are more domestique, and obedient to us, wee distinguish particular objects better by them, then by the Moone; So by the Arguments, and Deductions, and Conclusions, which our selves beget and produce, as being more serviceable and under us, because they are our creatures; par­ticular cases are made more cleare and evident to us; for these we can be bold withall, and put them to any office, and examine, and prove their truth, or likeliehood, and make them an­swere as long as wee will aske; whereas the light of Nature, with a solemne and supercili­ous Majestie, will speake but once, and give no Reason, nor endure Examination.

But because of these two kindes of light, the first is to weake, and the other false, (for one­ly colour is the object of sight, and we not trust candlelight to discerne Colours) we have there­fore the Sunne, which is the Fountaine and Trea­sure of all created light, for an Embleme of that third best light of our understanding, which is the Word of God. Prov. 6. Mandatum lucerna, & Lex lux,] sayes Solomon. But yet Plin: l. 2: cap 31. as weake credulous men, thinke sometimes they see two or three Sunnes, when they see none but M [...] ­teors, or other apparance, so are many t [...]ans­ported with like facilitie or dazeling, that for [Page 155] some opinions which they maintaine, they think they have the light and authority of Scripture, when, God knowes, truth, which is the light of Scriptures, is Divine truely under them, and re­moved in the farthest distance that can bee. I [...] any small place of Scripture, mis-appeare to them to bee of use for justifying any opinion of theirs; then (as the Word of God hath that precious nature of gold, that a little q [...]antity thereof, by reason of a faithfull tenacity and ductilenesse, will be brought to cover 10000. times as much of any other Mertall,) they ex­tend it so farre, and labour, and beat it, to such a thinnesse, as it is scarce any longer the Word of God, only to give their other reasons a little tincture and colour of gold, though they have lost all the waight and estimation

But since the Scripture it self teaches, 2. Pet. 1: 20. [That no Proph [...]cie in the Scripture, is of private interpre­tation,] the whole Church may not be bound and concluded by the fancie of one, or of a few, who being content to enslumber themselves in an opinion, and lazy prejudice, dreame argu­ments to establish, and authorize that.

A Artemidorus de som [...]. Int [...]rp. l: 1. cap: 2. professed interpreter of Dreames, tells us, [That no Dreame of a privat [...] man may be in­terpreted to signifie a publike businesse,] This I say, because of those places of [...], which are aledged for the Doctrin which we now examine, scarce any one, (except the Precept, Thou shalt not kill) is offered by any two Authors. But to [Page 156] one, one place, to another, another seemes di­rectly to governe in the point, and to me, (to allow Truth her naturall and comely boldnesse) no place, but that seemes to looke towards it.

And therefore in going over all those senten­ces, 2. Why I for­beare to name them who cite these places of Scripture. which I have gathered from many Authors, and presenting convenient answers and interpre­tations thereof, I will forbeare the names of those Authors, who produced them so imper­tinently, least I should seeme to discover their nakednesse, or insimulat them even of prevari­cation.

If any Divine shall thinke the cause, or per­sons 3. If any op­pose an answer what I intreat of him. injured herein, and esteeme me so much worth the reducing to the other opinion, as to apply an answer hereunto, with the same Cha­ritie which provoked me, and which, I thanke God ha [...]h accompanied me from the beginning, I beseech him, to take thus much advantage from me and my instruction, that he will doe it with­out bitternesse. He shall see the way the better, and shew it the better, and saile through it the better, if he raise no stormes.

Such men, Mar [...]. 1. 17. as they are [Fishers of men,] so may they also hunt us into their nets, for our 4. Why Cler­gy men may fish, or hunt but not with doggs. good. But there is perchance, some mystique interpretation belonging to that Ex Dist. 86. Esau. Canon which allowes Clergy men to hunt; for they may doe it by Nets and Snares, but not by Dogges; fo [...] clamour and bitings are forbidden them.

[Page 157] And I have been sorry to see, that even Beza 5. Of Beza's answer to O­chius Polyga­my. himselfe, writing against an Adversary, and a cause equally and extreamely obnoxious, onely by allowing too much fuell to his zeale, enra­ged against the man, and neglecting, or but pre­scribing in the cause, hath with lesse thorough­nesse and satisfaction, then either became his learning and watchfulnesse, or answered his use and custome, given an answer to Ochiu [...] booke of Polygamy.

SECT. I.

IN all the Iudiciall, in all the Ceremoniall 1. No place offered out of Iudiciall nor Ceremoniall law. Law delivered by Moses, who was the most particular in his Lawes of any other, there is no abomination, no mention of this Selfe-Ho­micide. He teacheth what we shall, and shall not, eate, and weare, and speake, and yet nothing a­gainst this.

SECT. II.

But the first place that I find offered against Of the place in Gen. 9. 5. it is, in Genesis. [I will require your bloud wherein your lives are, at the hand of every beast will I re­quireit; [Page 158] and at the hand of man, even at the hand of a mans brother will I require the life of man; who so sheddeth mans bloud, by man shall his bloud be shed.]

And this place a very learned man of the 2. We are not bound to ac­cept the inter­pretations of the Rabbins. Reformed Church, sayes, the Jewes understand of Selfe-homicide. But sh [...]ll wee put our selves under the Iewes yoake, Buxdorfius Synag. Iudaica ex Rahbi Isaac cap: 1. fol. 62. [That if we finde in the Rabbins, things contrary to Nature, wee must dare to accuse nothing but our owne weakenesse, because their word is Gods Word, and if they contradict one another, yet both are from God.]

Lyra in hunc locum. Lyra who seldome departs from the Iewes, in matters not controverted between them, and us, toucheth upon no such exposition; yet hee 3. Of Lyra and of Sâ his Hebraismes. expounds it more then one way, and with li­berty enough, and farre straying.

And Ema. Sâ Not: in uni­vers: Script. Emanuel Sâ, who in his notes is more curious, and superstitious, in restoring all the Hebraismes, and oftentimes their interpretations, then perchance that Church would desire at his hands, offers at no other sense then the words present. Nor [...]an Selfe homicide fall within the commination and [...] of that Law, for how can the Magistrate shed his bloud, who hath killed himselfe?

SECT. III.

The next is in De [...]eronomie: [I kill, and I give Of the place in Deuter. 33. 39. life.] Our of which is concluded, that all au­thority [Page 159] of life and death is from God, and none in our selves.

But shall we therefore dare to condemne utter­ly, all those states and governments, where Fa­thers, 4. Iurisdicti­on of Parents, Husbands, Masters, and Magistrates, must consist with this place. Husbands, and Masters, had jurisdiction o­ver Children, wives, and servants lives? If we dare, yet how shall we defend any Magistracy, if this be so strictly accepted? and if it admit ex­ceptions, why may not our case be within those?

Howsoever that this place is incongruously 5. This place must be inter­preted, as the other places of Scripture which have the same word, from which no conclusion can be wrested a­gainst this fact. brought, appears by the next words, [There is not any that can deliver from my hand] or this be­ing a Verse of that divine poem, which God him­selfe made and delivered Moses, as a stronger and more slippery insinuation and impression into the Isr [...]lites hearts, then the language of any Law would make, expresses onely that the mercies and judgements of God, are safe and removed from any humane hinderance, or interruption. So 1. Sam: 2. 6. in another gratulatory Song made by Samuels mother, the same words are repeated, [The Lord killeth and maketh alive,] and this because God had given her a son, when she was past hope. That place also in Tobit Tob: 13. 2. is fitly paraleld with this, [He leadeth to hell, and bringeth up, no [...] is there any that can avoid his hand.] And can these two places be detorted to their purpose, That none but God may have jurisdiction over our tempo­rall life? Or Sap: 16. 13. that place of the book of Wis­dome, which is also ever joyned, as of the same sig­nification with these, [for thou hast the power of life, [Page 160] and death] which is spoken of his miraculous cu­ring by the Brazen Serpent. So that all these foure places have one respect and ayme, and none of them look towards our question.

SECT. IIII.

In the order of the Divine books, the next place 1. Of the place of Iob 7. 1. is produced out of Job, [Militia est vita hominis super terram.] for, though our translation give it thus, [Is there not an appointed time to man upon earth?] yet the Latine Text is thus cited to this 2. Why they cite this place In Latine. purpose, by some not addicted to the Vulgat E­dition, because it seems in Latine better to afford an argument against Self homicide. For therupon they infer, that we may not depart at our own pleasure from the battell. But because onely the Metaphor and not the extending of it, nor infe­rence upon it, is taken out of the Scripture, it brings no strong obligation with it, nor deserves much earnestnesse in the answer, yet to follow him a little in his Allusion, Digest. li: 22. tit: 6. le: 9. [A Souldier may by Law, be ignorant of the Law, and is not much ac­cusable if he transgresse it.] And by L. 4. tit: 6. leg: 44. another Law, [...] [o [...] Souldier whose presence is necessary for the safeguard of the Army, may be absent cau [...] Reipub. 3. Of souldi­ers priviledges of absence by law. and being absent, his absence shall be interpreted to be so.] And Supra. even to those which killed themselvs in the Army, we noted before in the second part, That the lawes were not severe, if they had any colour of just cause: So that this figurative ar­gument [Page 161] profits then nothing, especially being ta­ken from this place where the scope of Job was 4 Iobs scope is, that as war works to peace So here we on­ly labour to Death. to prove that our felicity and end upon which our actions are bent, is not in this li [...]e, but as wars work to peace, so we labour here to death, to that happines which we shall have after. And therfore whosoever were author of that letter which hath Euseb. l. 1. cap. 13. Christs name to Abgarus, doth not make Christ say, that when he hath done that for which he was sent hither, he will come to him, and take his offer of halte his Kingdome, but 5. Of Christs letter to King Abgarus. that when he hath done, he will returne to him which sent him: That is he will die, so that if either side have advantage by this place of Job, we have it.

SECT. V.

And by the other place of Job much more, 1. Of the place Iob 7. 15. which is, [Therefore my soule chuseth rather to bee strangled, and to die, then to be in my bones.] Here­uupon they infer, That if it might have been law­full to die so, Job would have done it. But be­sides that the wretched poverty and feeblenesse of this manner of Negative arguments, Iob did it 2. Why this was not law­full to Job. not, therefore he might not do it, we may per­ceive by the whole frame of the History, that God had chosen him for another use, and an ex­ample of extream patience. So that for any thing that appears in Iobs case, he might not lawfully doe it, because he could propose nothing but [Page 162] his own eas [...]. Y [...]t Iob whose sanctity I thinke it fa­criledge to diminish, whether he were a person or personate in their confession strayed thus farre towards killing himself [...], as to wish his death, and curse his birth; for his whole third Chap­ter 3 His words seeme to s [...]ew some steps toward a pur­pose of Selfe­homicide. is a bitter and malignant invective against it, and a violent wishing of his own death.

Sex; Sen; Bibliot. S [...]nst. lib: 8. He­res. 10. Sextu [...] Sexens [...] gives an answer for him so literall, as it can admit or reach to no sense, which 4: Sex: Sen [...] and Grego­ries exposition thereof. is, [That cursing his birth day which then was past, he cursed nothing.]

And Greg. Mor: l: 4. cap. 6. Saint Gregory gives an answer so mysticall, as no s [...]nse can reach to it, which is, [That there is a second bi [...]th into Sinne in this world, and Job cursed his entrance into that.] And so be­cause these words might bee readily taken for an inordinate wishing of death; Gregory pro­vides them also a mysticall interpretation, for the Latine reading it thus, [ [...] [...] anima me [...],] he saye, [This was Suspendium spi [...]ituale which was but an elevation of the minde; as S. Paul said, Christe crucifixu [...] sum cru [...]] But besides that Gal: 2. this escape will not serve, when the Originall word is considered, and that the next verse is, De­speravi, [...] ultra vivam] in the twentieth verse, he chides God by the name of [O thou pre­server of man] as being angry that he preserved him, [Being now a [...]rthen to himselfe, and would not leave him alone, whilst he might swallow his spittle.] And he ends that Chapter thus, [If th [...]n se [...]kest me in the [...], I shall not be found.] This I [Page 163] say, onely to show that one whom none hath ex­ceeded in [...], may without any de [...]ortion of his words, be argued to have step farr [...] to­wards a purpose of killing himselfe. Who list to give any other construction to his words shall not displease me, nor impaire the strength of our [...].

And though I confesse, I have not read any to [...]. Wherin I differ from the Anabapt. who affirme that Iob despaired. expound these word [...] of Iob directly thus, and though. I know the opinion in generall of his de­spairing, be thus I much discredited, that it is held by the [...], yet, besides that, it is not just [...]or ingenuous, to condemn all that a conde [...]nd man says, (for even a leprous man may have one 6. S. Hierome and the Trent Councell erre in condemn­ing all which a condemned man saith. hand clean to take and give withall. And S. Hier. is inexcusable, in that point of his slippery zeal, in his behaviour towards [...], y [...]a the Tr [...] Councell it selfe is obnoxious therein, for condemning Names of Authors, and not Books. Besides this I say, the Anabaptists differ from me in their end and purpose, for they impute despaire to Iob, onely to infirme the Authority of the booke, which scismatically they labour to rent from the Canon of Scripture: But I justly with the consent of all Christian Churches ad­mitting it for such say that Job might keep his sanctity and the Book his Dignity, and yet he might have a purpose to kill himselfe.

For very many reverend Authors in the Re­formed 7. Of them which impute despayre unto Christ. Church, not rashly to be fors [...]en, have imputed to our most bless [...]d Saviour, as neer ap­proaches [Page 164] to a more dangerous kind of despaire, then we impute to Iob, without diminishing him, or his Scriptures.

SECT. VI.

I finde also another place. of Job obtruded. [Skin for skin, and all that ever I a [...] [...]ath will 1. Of the place Iob. 2. 4. he give for life.] From which words they argue a Naturall love in us to this life.

Let it be true, (though the Devill say it, for the words are his) that our sensitive Nature is too indulgent to this life, (though I feare I have offended and furfetted you in the first Part with Examples of meer Naturall and Sensitive men, which have chosen death,) yee will that prove that our Reasonable Nature may in no [...]afe cor­rect that enormity? This is as strong against Gods outward calling us to him by sicknesse, or persecution, as against any such inward mo­tions.

SECT. VII.

As unproperly, and unprofitably to their ends and purpose, do they offer that place of Eccle­stasticus, 1. Of the place Eccl. 20. 16. [Non est census supra censum falutis Cor­poris,] which I place here, though out of Or­der, because of the affinity betweene this place, and the last, and that one answer, is, at least, enough for them both. For, tho [...]gh this place [Page 165] may prove that wee naturally love this body, (yet it is not of the fafety of the body, as it all 2. This place is not of safe­ty, but of health. men desired that the body might live, but it is of bodily health whilst it doth live,) yet it proves not, that wee may in no case aban­don it.

SECT. VIII.

The most proper, and direct, and strongest 1. Of the place Exodus 20. place is the Commandement; for that is of Mo­rall Law, [Thou shalt not kill;] and this place is cited by all to this purpose.

But I must have leave to depart from 23. q: 5. Si non licet. S. Augustines opinion here, who thinks that this 2. S. August. thinks this law to concerne ones self more directly then another. Commandement is more earnestly bent upon a mans selfe, then upon another; because here is no addition, and in the other, there is, [A­gainst thy Neighbour,] or certainely, I am as much forbid by that Commandement to accuse my selfe falsely, as my Neighbour, though onely he be named. And by this I am as much for­bid to kill my neighbour as my selfe, though 3. This law hath many ex­ceptions. none be named. So, as it is within the circuit of the Command, it may also bee within the exceptions thereof. For though the words be generall, Thou shall not kill, we may kill beasts; Magistrates may kill men; and a private man in a just warre, may not onely kill, contrary to the sound of this Commandement, but hee may kill his Father, contrary to another.

[Page 166] When two naturall Lawes contrary to one another occurre, we are bound to that which is [...]. Lawes of the first Table are stric [...]ioris vincull, then of the lato [...]. strictioris vin [...]li.

As all Lawes concerning the Honour of God, and Faith, are in respect of the second Table, which is directed upon our Neighbour by Cha­ritie. If therefore there could bee a necessity, that I must doe an act of Idolatry, or kill, I were bound to the later.

By which Rule If perchance a publique exem­plary 5. A case wherin it is probable that a man must kill himself. person, which had a just assurance that his example would governe the people, should be forced by a Tyrant, to doe an act of Ido­latry, (although by circumstances he might sa­tisfie his owne conscience, that he sinned not in doing it.) and so scandalize and endanger them, if the matter were so carried and disguised, that by no way he could let them know, that he did it by constraint, but voluntarily, I say, per­chance he were better kill himselfe.

It is a safe Rule, [ Acatius de privil. l. c. 3. Iury Divino derogani non po­test, nisi ipsa derogatio suri Divino conste [...].] But since it is not thought a violating of that Rule, [ Navr. Ma­nu [...]l. cap. 15. n. 2. To kill by publique Authority or in a just Warre, or defence of his life, or of anothers.] why may not our case be as safe and innocent?

If any importune me to shew this Priviledge, or exemption of this case from the Comman­ment, I may with Supra. Sotus retort it, and call for their priviledge to kill a Day thiefe, or any man in defence of another.

[Page 167] And as these Lawes may be mediately and 6 As Lawes against Day­theeves may be deduced from the Law of God au­thorizing Princes, so may this from the Comman­dement, of preferring Gods glory. secondarily deduced from the conformity of o­ther Lawes, and from a generall Authority which God hath afforded all Soveraignes, to provide as necessities arise; So may our case bee derived as well from that necessary obligation which lyes alwayes upon us, of preferring Gods glo­rie above all humane respects. So that we can­not be put to shew, or pleade any exemption, but when such a case arises, wee say that that case never was within the reach of that Law. Which is also true of all the other which we called exemptions before.

For, whatsoever might have beene done be­fore 7 Whatsoever might have been done be­fore the Law, this Law for­bids not. the Law, as this might, if it be neither a­gainst Nature, nor Justice, from both which we make account that wee have acquitted it,) upon that, this Commandement never fell, not ex­tended to it.

SECT. IX.

I have found also a place urged out of the Booke of Wisdome, which is, [Seeke not death in 1 Of the place Sap. 1. 12. the errour of your life.] Which being ever cou­pled with another place in Deuteronomie, by collation of the two places it appeares, That D [...]ut. 4. 24. that which is forbidden there, is Idolatry, and by Death is meant the Second Death, or the way to it.

And so this Distinction which was intended [Page 168] for the places cited from the Books of the old Testament, shall here have an end; and to the next we allow those of the New.

SECT. I.

OF which the first that I have observed is in Matthew when the Devil tempts Christ 1. Of the place Matt. 4. 6. thus, [If thou be the Son of God, cast thy self downe.] With all Expositors I confesse, this was a temptation to vain glory, and therefore most appliabl to our case, where we make account, that we work somwhat to the service of God, and ad­vancement of his glory, when we allow this to be done; and it is a very slippery passage, and a devout man were out of the nature of devotion, [...] to erre that way, then a worldly, but that the ha [...]d of God is extended to the protection of such.

But directly this place will not shake, nor at­tempt our proposition, for though Christ would 2. Christ, where it con­duced to his owne ends, did as much as the Devill did tempt him to in this place. not satisfie the Devill, nor discover himselfe, yet he did as much whe [...] it conduced to his owne ends, as the Devill tempted him to in this place, or the other; both in changing the species and [Page 169] nature of water into Wine, and in exposing him­selfe to certaine danger when he walked upon the waters. Christ refused no difficultie, nor ab­stained from Miracles, when he knew he profi­ted the beholders; nor doe I say, that in any other case, then when we are probably and ex­cusably assured, that it isto a good end, this may be lawfull to us.

SECT. II.

The next place is in the Acts of the Apostles. [The keeper of the prison drew out his Sword, and would 1. Of the place Acts 16. 17. have killed himselfe, supposing the Prisoners had beene gone; But Paulcryed, Doe thy selfe no harme, for we are all here.] To which I say, That by the same Spirit by which Paul being in the inner Pri­son 2. S. Paul knew Gods purpose of baptising the keeper. in the darke, knew what the Keeper thought, and what hee was about to doe without, hee knew also Gods purpose to be glorified in the conversion of him and his Family; and there­fore did not onely reclaime him from that pur­pose, which was inordinate, and for his owne sake, to escape punishment, (in which yet wee may observe how presently Mans nature in­clines him to this remedy) but also forbears to to make his benefit of this Miracle, and to e­scape away: and so, though he rescue the Kee­per, 3. Els saith Caluin, he had frustrated Gods way to give him an escape by the keepers death. he betrayes himselfe.

And therefore Calvin upon this place makes to himselfe this objection, [That Paul seeing all [Page 170] his hope of escape to consist in the death of the Keeper, neglected that way of liberty which God offered him, when he restnained the Keeper from killing himselfe.] And he answers it onely thus, [That hee had a conscience and insight into Gods purpose and decree herei [...]] For otherwise, if he had not had that (which very few attaine to have) it seemes he ought to have permitted the keeper to proceed, to facilitate thereby his way of escaping.

SECT. III.

Which also inferres some answer to another 1. Of the place Rom. 3. 8. place of Saint Paul, where hee delivers and dis­charges himselfe, and his fellow Apostles, of having taught this Doctrine, [That a man might doe evill, that good might come thereof.] And con­sequently it is well and by just Collection pro­nounced that he forbids that Doctrine.

And we also humbly subscribe to that Rule, and accept it so, as Saint Paul intends it; that 2. How Paul forbids evil to be done for good. is, in things which Nature, and not Circum­stance makes evi [...]l. And in these also, when any such circumstance doth make them evill, as an­other circumstance to the contrary doth not praeponderate and over-rule this. This there­fore we must have liberty to enlighten with a larger discourse.

Of the evils which seeme to us to bee of punishment, of which kind Death is, God 3. God al­ways inflicteth Malum poenae by Instruments. ever makes others his executioners; for the [Page 171] greatest of all, though it be spirituall, which is Induration, is not so wrought by God himselfe immediately, as his spirituall comforts are, but Occasionally, and by Desertion.

Sometimes in these God imployes his An­gels, sometime the Magistrate, sometimes our 4. Indurati­on it self is sometime me­dicinall. selves. Yet all which God doth in this life by any of these, is but Physicke: for Aqui. 12. q. 79. ar. 4. con. [...]n ex­caecation and induration is sent to further Sal­vation in some, and inflicted medicinally. And these ministers and instruments of his, are our Physitians, and wee may not refuse any bitter­nesse, no not that which is naturally poyson, being wholesomely corrected by them: For as in Hippocrat. A [...]bor. l. 2. 38. Cramps which are contortions of the Sinewes, or in Tetars, which are rigors and stiffenesses in the Muscles, wee may procure to 5. Wee may correct in our selves one dis­ease by ano­ther. ourselfe a fever to thaw them, or we may pro­cure them in a burning feaver, to condense and attemper our bloud againe, so in all rebellions and disobediences of our flesh, wee may mini­ster to our selves such corrections and remedies, as the Magistrate might, if the fact were evi­dent. But, because though for prevention of evill, wee may doe all the offices of a Magi­strate upon our selves, in such secret cases, but whether we have that authority to doe it after or no, especially in Capitall matters, is dispu­table, and at this time, wee need not affirme it precisely, I will examine the largenesse of that power no farther now.

[Page 172] But descend to that kinde of evill, which 6. In things evill in such sence as Paul taketh them here, Popes dayly doe di­spence. must of necessity be understood in this place of Paul? which is, that we account naturally evill. And even in that, the Bishops of Rome have ex­ercised their power, Dist. 34. le­ctor gloss. to dispence with Biga­my, which is in their doctrine directly against Gods Commandement, and therefore naturally evill. So did Bodin [...] Daemon. l. c5. Nicholas the fift, dispense with a Bishop in Germany, to consult with W [...]tches, for recovery of his health; and it were easie to amasse many cases of like boldnesse.

In like manner Windek de consens. et dis­sens. leg. et Can. ca. 11. the Imperiall Law tolle­rates Vsurie, Prescription, Mala fidei, and De­ceit ad Medium, and expressely allowes Cod. tit. de malef. l. 4. §. [...]rum. Witch­craft, to good purposes. [Conformably to which 7. So doe the Civill Laws. Law, Paracelsus sayes, It is all one whether God or the Devill cure, so the Patient be well.]

And so the Paracel. l. de morb. ca l. Canons have prescribed cer­tain rules of doing evill, when we are overta­ken with perplexities, to chuse the least, of which Dist. 14. cap. Duo mala. S Gregory gives a naturall example, [That a man attempted upon a high wall, and forced to Dist. ead. cap. Nerui. leape it, would take the lowest place of the wall.] And agreeably to all these, the Nav. Man. c. 17. num. 263. Casuist say, [That in extreame necessitie, I si [...] not if I 8 So do Ca­nons. induce a man to lend me mony upon usury: And the reason is, because I incline him to a lesse sinne, which is usury, when else he should be a h [...]icide, by not releiving me.] And in this fashion Bellar. de A­mis. grat. & stat. peccat. l. 2, c. 3. ex H [...]. de vict & Tho. God him selfe is said to work evill in us, because when our 9 So doth God occasion lesse sin to avoid greater. heart is full of evill purposes, he governs and [Page 173] disposes us rather to this then to that evill, wher­in though all the vitiousnesse be ours, and evill, yet the order is from God, and good. Yea, he doth positively encline one to some certain evill thus, That he doth infuse into a man some good thoughts, by which, he, out of his vitious­nesse takes occasion to thinke he were better doe some other sinne then that which he inten­ded. Since therefore all these lawes and practi­ses concurre in this, that we sometime doe such evill, not onely for expresse and positive good, but to avoid greater evill, all which seems to be against this doctrine of S. Paul.

And since, whatsoever any humane power 9. What any other may di­spence withall in us, in extre­mity we may dispence with­in our selves. Supra. may dispence withall in us, we, in extream ne­cessity, in impossibility of recourse to better counsell, in an erring conscience, and in many such cases, may dispence with our selves, (for that Canon of duo mala, leaves it to our natu­rall reason, to judge, and value, and compare, and distinguish betweene those two evills which shall concurre.)

And since for all this, it is certaine, that no such dispensation from another, or from 10. Yet noe such dispensa­tion changeth the nature of things, there­fore that par­ticular was never natural­ly evill. my selfe, doth so alter the nature of the thing, that it becomes thereby the more or the lesse evill, to mee there appeares no other interpretation safe, but this, That there is no externall act naturally evill; and that circum­stances condition them, and give them their na­ture; as scandall makes an indifferent thing hai­nous [Page 174] at that time, which, if some person go out of the roome, or winke, is not so.

The Law it sel [...]e, which is given us as a 11. The Law it self is nei­ther good nor evill. light, that we might not stumble, and by which we see, not what is evill naturally (for that we see naturally, and that was so even, to us, before the law declared it) but what would bee evill (that is produce evill effects,) if we did it at that time, and so circumstanced, is not absolutely 12. As Picus notes compa­ring it to the firmament. good, but in such measure, and in such respects, as that which it forbids is evill. And there­fore Heptapl. l. 7. proem. Picus comparing the Law, to the firma­ment, (as Moses accepts the word) as he observes, that the second day, when God made the fir­mament, he did not say, that it was good, as he did of every other days work; and yet it was not evill, (for then saith Picus, it could not have received the sunne, as if it had beene good, it had not needed it.) So he reprehends the Mani­chees, for saying that the Law was evill, yet he sticks to that of Ezech. 20. 25. Ezechiel, That it was not good. That evill therefore which by this place of S. Paul is forbidden, is either Acts, of infide­lity, 13. What e­vill Pa [...]l for­bids; and why. which no dispensation can deliver from the reach of the Law, or els, such acts as being by our nature, and reason, and approbation of nations reputed evill, or declared by law or custome to be such, because of there ordinary evill effects, doe cast a guiltines upon the doer, ordinarily, and for the most part, and ever ex­cept his case be exempt and priviledged. This [Page 175] moved Chrysostome, (whom I cited before) to think a [...]ly, and a consent to adulttery, not evill Supra. in Sarah: and this rectified S. Augustines squea­mishnes so farre, as to leave us at liberty, to think what we would of that wifes act, which to pay her husbands debt, let out her self one night. For if any of these things had been once 14. Nothing which is once evill can ever recover of that evill naturally, they could never recover of that sicknesse; but (as I insinuated before) as those things which we call miracles, were written in the history of Gods purpose, as exactly, and Supra. were as certainly to come to passe, as the rising 15. Three acts were in God's decree preserued from those staines which make things evill, so as miracles were written in his book of na­ture, though not in our co­py; and so, as our Lady is said to be pre­seru'd from o­riginall sinne. and setting of the sunne, and as naturally, in [...] compagine naturae, (for there is no interlining in that book of God:) So in that his eternall Register where he foresees all our acts, he hath preserued and defended, from that ordinary corruption of evill purpose, of inexcusable igno­rance, of scandall, and of such other inquinations of indifferent things, (as he is said to have done our B. Lady from originall sinne in her inani­mation,) Some of those acts of ours, which to those who do [...] not studiously distinguish circum­stances, or see not the doers conscience, and te­stimony of Gods spirit, may at the first tast have some of the brachishnes of sin. Such was Exod. 1. 12. Mo­ses killing of the Egyptians; for which there ap­pears no especiall calling from God. But because 16. Such was Moses killing the Egyptian. this falls not often: S. Paul would not embolden us, to do any of those things which are customa­rily reputed evill.

[Page 176] But if others be delighted with the more or­dinary 17. If this place be taken of all kind of evill, it must admit excepti­on, as well as the Decalogu. interpretation of this place, that it speaks of all that which we call sinne, I will not refute that interpretation, so they make not the Apo­stles rule, (though in this place this be not given properly and exactly for a rule;) more strickt than the morall praecepts of the Decalogue it self, in which, as in all rules there are natu­rally included and incorporated some excepti­ons, which if they allow in this, they are still at the beginning; for this case may fall within those exceptions.

Otherwise, that the generall application of 18. Other­wise the appli­cation which Bellarm. and others make of it will be intollerable. this rule, is not proper, as by infinite other places, so it appears evidently by that in De eul. sanct. l. 4. cap. 7. Bellarmine, where he says, that by reason of this rule, a man may not with neglecting a poore neighbour, adorne a church; Yet there are a great many cases, wherein we may neglect this poore neigh­bour; and therefore that is not naturally evill. And certainly whosoever is delighted with such arguments, and such an application of this text, would not only have objected this rule to Lot, when he offered his Daughters, (for there it might have colour) but would have joyned with Iudas, when the woman anointed Christ; and have told her, that allthough the of­fice which shee did were good, yet the wast which shee made first, was evill, and against this rule.

SECT. IIII.

The same Apostle doth in divers other pla­ces Of the places 2 Cor. 6. 16. 1 Cor. [...]. 16. & 6. 16. use this phrase, That we are the Temples of the Holy Ghost; And from thence is argued, that it is an unlawfull Sacriledge to demolish or to de­face those Temples. But wee are so the Tem­ples of God, as we are his Images; that is, by his residing in our hearts.

And who may doubt, but that the blessed 19 The dead are still his Temples, and Images. Silvius Com: ad leges. Soules of the departed, are still his Temples, and Images: Even amongst heathens, those Temples which were consecrated to their gods, might in cases of publique good or harme, be demolished, and yet the ground remaine sa­cred.

And in the two first places, is one [...] a De­hortation 20 Heathens te [...]ples might be demolished, yet the soile remain sacred. from polluting our hearts, which are Gods Temples, with Idolatry, o [...] other sinne. In the other place he calles our materiall body, the temple: and he makes it to us an argument that we should flye from fornication, because therein wee trespas against our owne body. And so here arises a double argument, that we may not doe injurie to our owne body, neither as it is ours, nor as it is Gods.

In the first of these then, he sayes, [A For­nicator 21 Pauls rea­son is in Cases where we avile our selves: here wee ad­vance our selves. sinnes against, his body;] for as hee sayd two verses before, [Hee makes himselfe one body with an Harlot,] and so hee diminishes the dig­nity [Page 178] of his owne person. But is it so, in our Case? When he withdrawes and purges it from all corruptions, and delivers it from all the in­quinations, and venime, and maligne Machinati­ons of his, and Gods adversaries, and prepares it by Gods insinuation and concurrence, to that glory, which without death, cannot bee at­tained.

Is it a lesse dignitie, that himselfe bee the Priest of God, and that himselfe be the Sacri­fice of God, then that he be the Temple? But 22 That our body is not our own, how it is to be un­derstood here in Paul. sayes Paul, [ Vers. 19. Your body is the Temple of God, and you are not your owne.] But saies Calvine here, you are not so your owne, that you may live at your owne will, or abuse your body with pollutions and uncleannesse. Our body is so much [...]r owne, as we may use it to Gods glo­ry, a [...] it is so little our owne, as when hee is pleased to have in, we doe well in resigning it to him, by what Officer soever he accept it, whether by Angell, Sicknesse, Persecutron, Ma­gistrate, or our selves. Onely bee carefull of this last lesson, in which hee amasses and ga­thers all his former Doctrine, [ Vers. 20. Glorifte God in your body, and in your spirit, for they are his.]

SECT. V.

The place of the Ephesians hath some assinity Of the place Ephes. 4. 15. 16 with this; which is, [But let us follow [...] [...] [Page 179] in love, and in all things grow up into him, which is the head, that is Christ, till we are all met together, unto a perfect man.] By which wee receive the honour to be one body with Christ our head; which is Cap. 5. v. [...]. after more expressely declared. [We are Members of his body, of his flesh, and of his bone.] And therefore, they say, that to with­draw our selves, which are limmes of him, is not onely homicide of our selves, who cannot live without him, but a Paricide towards him, who is our common Father.

But as in Fencing, Passion layes a man as o­pen, as unskilfulnesse, and a troubled desire to hitt, makes one not onely misse, but receive a wound; so out of an inordinate fervour, to strike home, hee which alledgeth this place, over­reacheth to his owne danger; for onely this is taught herein, that all our growth and vegeta­tion: flowes from our head, Christ. And that he hath chosen to himselfe for the perfection of his body, limmes proportionall thereunto, and that, as a soule through all the body, so this care must live, and dwell in every part, that it be ever ready to doe his proper function, and also to succour those other parts, for whose re­liefe or sustentation it is framed, and planted in the body. So that herein there is no litterall construction to be admitted, as though the bo­dy of Christ could be imperfited, by the remo­ving of any man. For, as from a tree, some leaves passe their naturall course and season, and [Page 180] fall againe being withered by age, and some fruits are gathered unripe, and some ripe, and some branches which in a storme fall off, are carryed to the fire; So in this body of Christ, the Church, (I meane that which is visible) all these are also fulfilled and performed, and yet the body suffers no maims, much lesse the head any detriment.

This place therefore is so farre from giving 2 This place gives argu­ments to all which spare not themselves for reliefe of others. encouragement to any particular man to be care­full of his owne well being, as the Expositors (of what perswasion soever in controverted points) accept from hence an argument, that for the establishing, and sustentation of the whole body, a man is bound to depart with all respects to himselfe, and give his life to strengthen them which are weake.

And this place, as a common Conduit head hath affoorded justification for Martyrdomes, for pestilent visitations, and for all those Deser­tions of our selves, and of our naturall right of preserving our selves, which wee had occasion to insist upon before.

SECT. VI.

As therefore that construction doth well con­sist 1. Of the place Epb. 5. with those words, so doth it also with the words in the next Chapter, [No man ever ha­ted his owne flesh, but nourished it, &c.] Of which Hate, because we are to speake when wee come [Page 181] to Christs Commandement of Hating our life, we will here onely say, with Marlor. in hunc locum. Marlorate upon this place, [He hates not his flesh, who hates the de­sires thereof, and would subject it to the Spirit: no more then a Goldsmith hates that gold, which hee 2. How Mar­lor. expounds this hate. casts into a furnace to purifie, and reduce to a better fashion.] And, because out of the Armory of Scripture I have not found that they take any better weapons, nor any more, we may here end this Distinction.

SECT. 1.

IN the next our busines is, to try of what 1. Of places of scriptures on the other part. force and proofe their armes are against their adversaries forces. Of which we shall oppose two sorts; The first naturall and assured Sub­jects, which are, Reasons arising naturally from places of Scripture, and these, in this distinction; The other, Examples, as Auxiliaries. For though 2. We may, but our ad­versaries may not make use of examples. to which the answer of Martyr and Lavater is weake. we rely not upon them, yet we have this ad­vantage in that kind, that our aduersaries can make no use, nor profit of Examples. And therefore that answer which both Peter Martyr, and Lavater from him make, that we must not live by examples, and that if examples proved [Page 182] any thing they had the stronger side, (that is, there have beene more men which have not killed themselves, then which have,) may well seeme from p [...]rem pro [...]inesse, and lazinesse, and impossibillity of better defence, to have too much allay, to be currant. To prepare us there­fore to a right understanding, and application 3. The Na­ture, degrees, and effects of Charity. of these places of scripture, we must arrest a­while vpon the nature, and degrees, and effects of charity; the mother, and forme of all ver­tue; which shall not onely lead us to heaven, (for faith opens us the doore) but shall con­tinue with us when we are there, when both Faith, and Hope, are spent and uselesse.

We shall no where find a better pourtrait of charity, then that which S. Augustine hath 4. S. August. pourtraite of her. drawne: she loves not that which should not be loved; she neglects not that which should be loved; she bestows not more love upon that, which deserves lesse; nor doth she equally love more and lesse worthines; nor upon e­quall worthines, bestow more and lesse love. De natura et gratia cap. ult. To this charity the same blessed and happy Father, proportions this growth. [Inchoated, increased, growne great, and perfected, and this last 5. Of her highest perfe­ction, beyond that which P. Lombard ob­sorved out of Aug. is, saith he; when in respect of it, we contemne this life] And yet he acknowledgeth a higher cha­rity then this. For Lomb. l. 3. Dist. 3. P. Lombard allowing charity this growth, [beginning, proficient, per­fect, more, and most perfect.] he cites I [...] epist. [...] ­tract. 5. S. Augustine who calls [that perfect charity to be rea­die [Page 183] to dy for another.] But when he comes to that, then which none can be greater, he says then, the Apostle came to Phil. 1. 23 cupto dissolvi.

For as [ Serarius tri­heresi. l. 1. ca. 8. one may love God, with all his heart, and yet he may grow in that, and love God more with all his heart, for Deut. 6. 5. the first was commanded in the Law, and yet Mat. 5. counsail of perfection was given to him, who said that he had fullfilled the first commande­ment,] 6. He who loves God with all his heart, may love him more So as S. Augustine found a degree a­bove that charity, which made a man paratum ponere which is cupere, so there is a degree a­bove that, which is to doe it.

This is that vertue, by which Aqui. 22. q. 124. ar. 3. Martyrdome, which is not such of it self, becomes an act of highest perfection.

And this is that vertue, which Aqui. 22. q. 136. ar. 3. assureth any suffering which proceeds from it to be in­fallibly accompanied with the grace of God. 7. Any suf­fering in cha­rity hath Infa­libly the grace of God. By Aquin. Vpon assurednes therefore, and testimony of a rectified conscience, that we have a charitable purpose, let us consider how farre we may adventure upon authority of Scripture in this matter which we have in hand.

SECT. 11.

First therefore by the frame and working of 1. Of the place 1 Cor. 13. 4. Saint Pauls argument to the Corinthians, [Though I give my body that I be burned, and have not love, it [...] nothing.] These two things appeare evi­dently.

[Page 184] First, That in a generall notion and common 2. By this in common re­putation, that was a degree of perfection to dye so. And charity made it acceptable. reputation, it was esteemed a high degree of per­fection to dye so, and therefore not against the Law of Nature. And secondly, by this ex­ception, (without Charity) it appeares, that with Charity it might well and profitably be done.

For the first, if any thinke that the Apostle 3. Paul speaks of a thing which might lawfully be done, for such are all his gra­dations in this argument. here takes example of an impossible thing, as when it is sayd, [If an Angel from heaven teach other doctrine,] he will, I thinke, correct him­selfe, if he consider the former verses, and the Apostles progresse in his argument; wherein to dignifie Charity, the most that hee can, hee undervalues all other gifts, which were there am­bitiously affected.

For Eloquence he sayes, it is nothing to have 4. Tongues of Angels in what sence in this place. all Languages, no not of Angels; which is not put literally, for they have none; but to ex­presse a high degree of Eloquence, as Calvine sayes here. Or, as Lyra sayes, by language of Angels is meant, the desire of communicating our conceptions to one another. And then he adds, That knowledge of Mysteries and Pro­phecies, is also nothing; which was also much affected. And for Miraculous Faith, it is also Calvin. nothing. 5. Speech in the Asse, un­derstanding of mysteries in Iudas, mi­raculous faith make not the possessor the better.

For the first of these guifts, doth not make a man better; for Balams Asse could speake, and was still an Asse. And the second Judas had, and the Pharisees. And the third is so small a matter, that as much as a graine of Musterseed is [Page 185] enough to remove mountaines. All these therefore were faisable things, and were sometimes done. So also, after he had passed through the gifts of knowledge, and gifts of utterance, hee presents the gifts of working in the same manner; and therefore, as he sayes, If I feed the poore with all my goods, (which he presents as a harder thing then either of the other, (for in the other God gives me, but here I give other) yet possible to be done.) So he presents the last, If I give my body, as the hardest of all, and y [...]t, as all the rest, sometimes to be done.

That which I observed secondly to arise from 6 How I dif­fer from the Donatists ar­guing from this place, that in charity self­homicide was alwaies law­full. this argument, was, That with Charity such a death might be acc [...]ptable. And though I know the Donatists are said to have made this use of these words, yet, because the intent and end conditions every action, and infuses the poyson, or the nourishment which they which follow suck from thence, and we know that the Dona­tists rigorously and tyrannously racked and de­torted thus much from this place, That they might present themselves to others promiscu­ously to bee killed, and if that were denied to them, they might kill themselves, and them who refused it.

Yet, I say, I doubt not but thus much may naturally be collected from hence, that by this 7 To give my Body, is more then to let it be taken. word, If I give my body, is insinuated some­what more then a prompt and willing yeel­ding of it, when I am enforced to it, by the [Page 186] persecuting Magistrate.

And that these words will justifie the fact of Metaph. in Ni­ceph. Martyr. the Martyr Nicephorus, being then in perfect Charity. Whose case was, That having had 8 How Nice­phorus the mar­tyre, gave his body in Sapri­tius his roome, who recanted. some enmitie with Sapritius, who was brought to the place where he was to receive the blou­dy crowne of Martyredome, he fell downe to Sapritius, and begged from him then, a pardon of all former bitternesses. But Sapritius elated with the glory of Martyredome, refused him; but was presently punished; for his faith coold, and he recanted, and lived. And Nicephorus stand­ing by, stepped into his roome, and cryed, I am also a Christian, and so provoked the Magi­strate to execute him; least from the faintnesse of Sapritius, the cause might have received a wound, or a scorne. And this I take to bee Gi­ving of his body.

Of which, as there may be such necessitie for 9 There may be a case that a man bound to give his body, cannot doe it otherwise then by selse-homi­cide. confirming of weaker Christians, that a man may be bound to doe it, as in this case, is very probable. So there may bee cases in men very exemplary, and in the cunning and subtile car­riage of the Pesecutor, as one can no other way give his body for testimony of Gods truth, to which he may then be bound, but by doing it himselfe.

SECT. III.

As therefore Naturally and Customarily men thought it good to dye so, and that such a death 1 Of the places Joh. 10. 11. & Joh. 15. 13. with charity was acceptable, so is it generally said by Christ, [That the good Shepherd doth give his life for his sheepe.] Which is a justifying and approbation of our inclination thereunto. For to say, The good doe it, is to say, They which doe it are good.

And as we are all sheep of one fold, so in ma­ny 2 I need not purge my self, when anothers crime is im­puted to me. cases, we are all shepherds of one another, and owe one another this dutie, of giving our temporall lives, for anothers spirituall advan­tage; yea, for his temporall. For Sot. de teg. Secret. Memb. 1. q. 3. that I may abstaine from purging my selfe, when anothers crime is imputed to me, is grounded upon such another Job. 15. 13. Text as this, where it is said, The greatest love, is to bestow his life for his friend. In which, and all of this kind, we must remember, that we are commanded to doe it so, as Christ did it; and how Christ gave his body, we shall have another place to consider.

SECT. IV.

Hereupon because Saint Peters zeale so for­ward, 1 Of the place Ioh. 13. 37. and carried him so high, that hee would dye for the Shepherd; for so he saies, [I will lay downe my life, for thy sake.] And this, as all [Page 188] Expositors say, was meerely and purely out of 2 Peters rea­dinesse was naturall. Pauls deliberate. naturall affection, without examination of his owne strength to performe it; but presently and roundly Nature carryed him to that pro­mise. And upon a more deliberate and orderly resolution, Saint Paul witnesseth of himselfe such a willingnesse to dye for his brethren, [I will be 2 Cor. 12. 15. gladly bes [...]ed for your s [...]es.]

SECT. V.

A Christian nature rests not in knowing 1 Of the place Ioh. 10. 15. thus much, That we may doe it, That Chari­tie makes it good, That the good doe it, and that wee must alwaies promise, that is, encline to doe it, and doe something towards it, but will have the perfect fulnesse of doing it in the resolution and doctrine, and example of our blessed Saviour, who saies, de facto, [I lay down my life for my sheepe.] And saith M [...]lus, hee 2 Why Christ saies this in the present time. useth the present word, because hee was ready to doe it: and as Act. 15. 26. Paul and [...], men yet alive; are said to have laid downe their lives for Christ.] But I rather thinke, (because exposing to danger, is not properly call'd a dy­ing,) that Christ said this now, because his Pas­sion was begun; for all his conversations here were degrees of exinanition.

To expresse the abund [...] and overflowing 3 Of the a­boundant cha­rity of Christ. charitie of our Saviour, all words are defective; for if we could expresse all which he did, that [Page 189] came not neere to that which he would doe, if need were. It is observed by De Suidone. pa. 1. Notae in Ca. 11. one, I (con­fesse, too credulous an Authour, but yet one that administers good and wholesome incite­ments to Devotion,) That Christ going to E­maus spake of his Passion so sleightly, as though 4 Of his speech going to Ema­us. he had in three dayes forgot all that he had suf­fered for us.

And that Christ in an apparition to Saint 5 Of his Appa­rition to Saint Charles. Charles, sayes, that he would be content to dy againe, if need were.

Yea, to Revel. Brig. l. 1. ca. 59. Saint Brigit he said, [That for a­ny one soule he would suffer as much in every limme, as he had suffered for all the world in his whole bo­dy.] 6 Of the Re­velation to St. Brigit.

And Suidon. p. 1. Not. in Ca. 16. this is noted for an extreame high degree of Charity, out of Ans [...]lme, that his B. Mother said, [Rather then he should not have been 7 Of his Mo­thers Charitiy. Crucified, shee would have done it with her owne hands.

And certainly his charity was not inferiour 8 That none could take a­way his foule. to hers; He did as much as any could be wil­ling to doe. And therefore, as himself said, [No man can take away my soule] And [I have 9 His owne will the onely cause of his dying so soone. by St. Aug. power to lay it down;] So without doubt, no man did take it away, nor was there any other then his own will, the cause of his dying at that time; 10 And by Aquin. because he had all his strength. many Martyrs having hanged upon Crosses ma­ny days alive: And the theeves were yet alive; And therefore Mar. 15. Pilate wondred to heare that Christ was dead. [His Soule, saith De T [...]nit. l. 1: cap. 13. S [...] Aug. [Page 190] did not leave his body constrained, but because he would, and when he would, and how he would.] Of which 2. q. 47. ar. 1. ad 2. S. Thomas produces this symptome, That he had yet his bodies nature in her full strength, because at the last moment he was a­ble to cry with a loud voice. And Mat. 27. 50. Marlo­rate 11. And by Marl. because he bowed his head, and it fell not, as ours in death. gathers it upon this, that whereas our heads decline after our death by the slacknesse of the si­news and muscles, Christ did first of himself bow downe his head, and then give up the ghost. So, though it be truly said Luc. 18. 33. [After they have scourged him, they will put him to death,] yet it is said so, be­cause How it is true that the Jewes put him to death. malitiously and purposely to kill him they inflicted those paines upon him; which would in 13. Of Aquin. and Syluesters opinion of him. time have killed him, but yet nothing which they had done occasioned his death so soone.

And therefore 2. q. 47. ar. 1. Con. S. Thomas, a man neither of unholy thoughts, nor of bold or irreligious or scandalous phrase or elocution, (yet I ad­venture not so farre in his behalfe as Verbo matri­monium. Sylve­ster 14. Christ was so the cause of his death, as he is of his wetting, which might, and doth not shut the win­dow, in raine by Aqui. doth, [that it is impossible that hee should have spoken any thing against faith or good man­ners,] forbeares not to say, [That Christ was [...]so much the cause of his death, as he is of his wet­ting, which might and would not shut the windowe, when the raine beats in.]

This actuall emission of his soule, which is 15. Who imi­tated Christ in this actuall emission of the soule. death, and which was his own act, and before his naturall time, Aquin. supr. Ioh. cap, 21. (which his best beloved Apo­stle could imitate, who also died when he would, and went into his grave, and there gave [Page 191] up the Ghost, and buried himselfe, which is re­ported but of very (n) few others, and by no l Sophro. prat. spir. cap. 90. dephter. Anco. Et Surius To. 1. feb. de Sever. Raven. very credible Authors,) we find thus celebra­ted, (o) That that is a brave death, which is accepted unconstrained; and that it is an He­roique Act of Fortitude, if a man when an ur­gent m Sind. Not. inc. 21. ad 6. occasion is presented, expose himselfe to a certaine and assured death, as he did.

And it is there said, that Christ did so, as 16. Vpon what reasons this fashion of dying in Christ is calld Heroique, and by like epi­thites. Saul did, who thought it foule, and dishonou­rable to dye by the hand of an Enemy. And that Apollonia, and others who prevented the fury of Executioners, and cast themselves into the fire, did therein immitate this act of our Sa­viour, of giving up his soule, before hee was 17. Christ is said to have done herein as Saul and Apol. and such. constrained to do it. So that if the act of our bles­sed Saviour, in whom there was no more requi­red for death, but that he should wil that his soule should goe out, were the same as Sauls, and these Martyrs actuall furtherance, which could not dye without that, then wee are taught that all those places, of Giving up our bodies to death, and of Laying downe the soule, signifie more then a yeelding to death when it comes.

SECT. VI.

And to my understanding there is a further 1 Of the places Iohn 12. 25. and Luc. 14. 26. degree of alacrity, and propensenesse to such a death, expressed in that phrase of John, [Hee that hateth his life in this world, shall keepe it unto [Page] life eternall. And in that of Luke, [Except he hate his owne life, he cannot be my Disciple.] Such a lothnesse to live is that which is spoken of in the Hebrews, Heb. 11. 35. [Some were rack'd, and would not bee delivered, that they might receive a better Resurre­ction.]

This place In Ioh. 12. 25. Calvine interprets of a readi­nesse to dye, and expresses it elegantly, To car­rie our life in our hands, offering it to God for 2. Iesuites ap­ply particu­larly this hate. a Sacrifice. And this Reg. Iesuit. Constit. spirit. 8. the Jesuits in their rule extend thus farre, [Let every one thinke that this was said directly to him, Hate thy life.]

And they who in the other place, accept this 3. If the other place, noe man hates his owne flesh, be against homi­cide; This must be for it. phrase, No man hateth his owne flesh, to yeeld an argument against Selfe-homicide in any case, must also allow that the same hate being comman­ded here, authorises that act in some case.

And Saint Augustine apprehending the strength 4. S. August. denies that this place ju­stifies the Do­natists. but not in all ca­ses. of this place, denies that by the authoritie of it, the Donatists can justifie their Selfe-homicide when they list to dye, but yet in these cases which are exempt from his rules, this place may encou­rage a man n [...]t to neglect the honour of God, onely upon this reason, that no body else will take his life.

SECT. VII.

And therefore the holy ghost proceeds more 1. Of the place 1. Iohn 3. 16. directly in the first Epistle of Saint Iohn, and shews us a necessary duty, [Because he laid [...] [Page 19] his life for us, therefore we ought to lay downe our lives for our brethren.] All these places work us to a true understanding of charity, and to a contempt of this life, in respect of it.

And as these informe us how ready we must 2. All these places direct us to do it, as Christ did it, unconstraind. be, So all those places which direct us by the ex­ample of Christ, to doe it as he did, shew, that in cases when our lives must be given, we neede not ever attend extrinsique force of others, but as he did in perfect charity, so we in such de­grees of it, as this life, and our nature are ca­pable of, must dy by our owne will, rather then his glory be neglected, whensoever, Phil. 1. 20. as Paul saith, Christ may be magnified in our bodies, or the spirituall good of such another as wee are bound to advance, doth importune it.

SECT. VIII.

To which readines of dying for his bretheren, 1. Of the place Phil 1. 23. Saint Paul had so accustomed himself, and made it his nature, that but for his generall resolution of doing that ever which should promove their happines, he could scarce have obtain'd of himself leave to live. For, at first he says, he knew not 2 Of S. Pauls gradations to this wish; and his corre­cting of it. which to wish, life or, death; (and therefore gene­rally without some circumstance incline or avert us, they are equall to our nature.) Then after much perplexity, he was resolved, and desired to be loose, and to be with Christ; (therefore a holy man may wish it.) But yet he corrected [Page 192] that againe, because saith he, [To abide in the flesh, is more needfull for you.] And therefore charity must be the rule of our wishes, and actions in this point.

SECT. IX.

There is another place to the Galatians, which 1 Of the place Gal. 4. 15. though it reach not to death, yet it proves that holy men may be ready to expresse their loves to another, by violence to themselves. For he saith, [If it had bene possible, you would have plucked 2. This was more then vi­tam profundere by Calvin. out your own eies, and given me:]. And Calvin saith, [this was more then vitam profundere.] And this readines Saint Paul reprehends not in them.

SECT. X.

But of the highest degrees of compassionate 1 Of the place Rom. 9. 3. charity for others, is that of the Apostle, in con­templation of the Jewes dereliction. [I would wish my selfe to be seperated from Christ, for my bre­thren.

The bitternesse of which Anathema, himself teaches us to understand, when in 1 Cor. 16. 22. another place, he wishes the same, [To those which love 2. That this Anathema was damnation. not Jesus Christ. And this fearefull wish which charitie excused in him, was utter damnation, as all Expositors say.

And though I beleeve with Cal [...]in [...], that at [Page 193] this time, in a zealous fury he remembred not 3. That he considered not his election at that time. deliberately his own election, and therefore can­not in that respect, be said to have resisted the will of God, yet it remaines, as an argument to us, That Charitie will recompence, and justi­fie many excesses, which seeme unnaturall, and irregular, and enormous transportations.

SECT. XI.

As in this Apostle of the Gentiles, so in the 1 Of the place Exod. [...]. 3 Law-giver of the Jewes, the like compassion wrought the like effect; and more. For Moses [...]sted not in wishing, but face to face argued with God, [If thou pardon them, thy mercie shall 2. That this imprecation was not only to be blotted out of the hi­story of the scriptures. appeare, but if then will not, I pray thee blot my name [...] of the booke which thou hast written]

I know, that many out of a reasonable Colle­ction, that it became Moses to bee reposed, and dispassioned, and of ordinare affection in his conversation with God, are of op [...]on, that he 3. It was stranger that Christ should admit such a slip downward as to wish an escape from death, then that Moses should have such an exal­tation upward as to save his nation by pe­ [...]ing. Yet both without inordinatenes. strayed no further in this wish, and imprecati­on, then to be content that his name should bee blotted out of the Scriptures, and so to lose the honour of being known to posterity for a remark­able instrument of Gods power and mercie.

But, since a naturall infirmity could worke so much upon Christ, in whom there may be sus­pected no inordinatenesse of affections, as to di­vert him a little, and make him slip a faint wish of escaping the Cup; why might not a brave [Page 194] and noble zeale, exalt Moses so much, as to de­sire to restore such a Nation to the love of God, by his owne destruction.

For, as certainely the first of these was with­out sinne, so the other might be, out of an ha­bituall assurednesse of his salvation, as Pont. Paul. ad Amand. Epist. 2. Pau­linus sayes, to Amandus, [Thou maist bee bold in thy prayers to God for mee, to say, forgive him, or blot out me, for thou canst not bee blottedout; In­stum delere non potest Iustitia.] And thus retaining 4. How by Paulinus a just man may safe­ly say to God, Dele me, ever in our minds, that our example is Christ, and that he dyed not constrained, it shall suf­fice to have learned by these places, that in Charitie men may dye so, and have done, and ought to doe. The last thing which remaines yet, is to consider the Examples reported in the Scriptures: which cannot possesse us long, because a few Rules will include many examples; and those few rules which are applyable to these Histories, have been often iterated already; and, for other Rules, which may enlighten and go­verne us in all occurrences, for many Reasons I respite to a maturer deliberation and dis­course.

SECT. I.

AS when I entred into the examination of 1. Of exam­ples in Scri­ptures. places of Scriptures, it seemed to me to have some weight, that in all the Judiciall and Ceremoniall Law, there was no abomination of Selfe-homicide.

So doth it, That in relating the Histories of 2. The phrase of Scriptures, never imputes this act to any as a sin, when it relates the history. them who killed themselves, the phrase of Scri­pture never diminishes them by any aspersion or or imputation for that fact, if they were other­wise vertuous, nor aggravates thereby their for­mer wickednesse, if they were wicked.

Formy part, I am content to submit my self to that Rule, which is delivered from Schultet. Medul. patr. pag. 1. in l. 4. Irenaei. Iraeneus, [That those things which the Scripture doth not re­prehend, 3. Irenaeus forbids us to accuse where God doth not. but simply lay downe, it becomes not us to accuse; nor to make our selves more diligent then God; but if any thing seeme to us irregular, our endea­vour 4. Bezas an­swer to Ochius reason, that some Patri­archs lived in polygamy reacheth not our case. must be, to serch out the Type, and significati­on thereof.]

Neither shall I, for all this, be in danger of Beza de po­lyg. fo. 7. Bezaes answer to that Argument of Ochius, That though some of the Patriarches lived un­reprehended in Polygamie, it concluded nothing, because (saith Beza) The silence of Scripture in [Page 196] Gen. 29. Jacobs Incest, and in Gen. 19. Lots, and in 2 Sam. 9. 2. Da­vids unjust judgement; For Siba doth not deli­ver them from guiltinesse and transgression therein.

For our case differs from all others, both be­cause 5 For it is not evident, that this is sinne, by any other place of the Law; which was in all his cases. And here many exam­ples concurre. this act is not from any place of the Law evicted to be sinne. And because here is a con­currence of Examples, of this fact without any reprehension: So that that answere is so farre short from reaching us, that it reached not home to that argument of Ochius against which it was opposed. And if in debating these Examples, it be found, that some very reverend Authors, have concluded impenitence, and consequently utter desertion on Gods part, and so eternall pe­rishing; the circumstances as they appeared to him then, may have made his judgement just: but for any other thereupon to apply that case to others, will not be safe. For Acacius de privileg. l. 1. c. 3 [Though a Iudge may in causa versanti interpret the Law, that Interpretation makes not Law.]

SECT. II.

As therfore in the former Distinctions wee 1 Of Acts which were not fully [...] ­murders, but approaches. spoke of some approaches to the act of self­killing, so will wee in this pause a very little upon two such steps. 1 Reg. 20. 35 The first shalbe of the prophet in the book of Kings, [who bad a stranger strike him, and because he would not, pro­nounc'd a heavy judgement upon him, which was pre­sently [Page 197] excecuted. And then he importuned another to doe it, who did it throughly, for he wounded him with the stroake.] This was, to common understand­ing 2 Of the Pro­phet who pu­nished him who would not strike him. an unnaturall thing, that so holy a man should make such meanes to have his body vi­olated, and so it seems the first apprehended it, however it pleased God to enlighten the second. This I produce not as though the prophet in­clind to it of his owne disposition, for it is ex­pressely in the text, that God commanded him to doe it.

But because this is the only place in all the 3 That when God invites men to such violence, hee sayes so plain­ly. And there­fore such par­ticular invita­tions may not be presumed, where they are not expressed. scriptures, where those which offer, or desirous­ly admit violence to their owne bodies, are said to have done it, by the expresse motion of God, I collect from it, that it is not without some boldness, if others affirme without authori­ty of the text, that the death of Samson and others, had the same foundation, when it appeares by this, that God when he would have it under­stood so, is pleased to deliver it plainly and ex­pressely.

SECT. III.

The next before we come to those who en­tirely 1 Of Io [...]as. killed themselves, is Io [...]as, who by often wishing his own death, and moving the ma [...]ers to cast him out into the sea, made many steps to­wards the very act. I know that it is everie where said, that those words, 1. 12. [Take me [...], [Page 198] and cast me into the Sea,] proceeded from a pro­phetique spirit; And Proem. in Com. in Iona, St. Hierome saith [that in this prophetique spirit, he foresaw that the Nini­vites would repent, and so his preaching would be discredited.] But if this be so, must he not also in the same Prophetique Spirit see, that their repen­tance must be occasioned by his going thither and preaching there? And if this perswading to his destruction, being now innocent in their understanding; for they prayed, [Lay not inno­cent Vers. 14. bloud upon us.] were from Divine moti­on, shall wee dare to impute also to like moti­ons and spirit, his angry importuning of death? [Take I beseech thee, my life from me, for it is better for me, to dye then to live.] And after he wished 43. from his heart to dye, and said, [I doe well to be 9. angry unto the death.]

Lyra prolog. in Iona. St. Hierome calles him Sanctum Ionam; and when Lyra observes that he had not done so, to any of the other Prophets, he concludes, that this 2 Why Saint Hier. calls on­ly Ionas, of all the Prophets, Holy. testimony needed most in Ionas, who by his ma­ny reluctations against Gods will, might else fall into some suspition of eternall perishing. Which since we must be f [...]r from fearing in so eminent and exemplary a type of Christ, and yet have no ground to admit any such particular impulsion of Gods Spirit, as Hierome and Lyra pronounce him holy, for all these reluctations; so may we esteeme him advised, and ordinate, and re­ctified, for all these approches, which in wishing and consenting he made to his owne death.

SECT. IV.

Of those which in the Scriptures are regi­stred 1. Of Samson Iudg. 16. to have killed themselves, Samson is the first. A man so exemplar, that not onely the times before him had him in Prophecy, Pererius in Gen. 49. 16. (for of him it is said,) [Dan shall judge his people,] and the times after him more consummately in Christ, of whom he was a Figure, but even in his own time, other nations may seeme to have had some Type, or Copy of him, in Hercules.

His fact of selfe-killing is celebrated by the Church to everlasting memory, as the act of a 2 The church celebrates him as a Martyr. Martyr; and as very many others in their Ho­milies and expositions.

So that renowned Paul. Sever. Epist. 4. Paulinus sayes, [God send me the death of Sampson, and Sampsons blindnesse, that I may live to God, and looke to 3 Paulinus wi­shes such a death. God.]

And this generall applause and concurrence in the praise of the fact, hath made many think, 4 They which deny that he meant to kill himselfe, are cofuted by the text. or at least write, that he purposed not to kill him­selfe: being loath either to depart from their opinion who extoll him, or to admit any thing which may countenance that manner of dying. Of which perswasion Fran. de Vict. in relect. de Hom. Greg. Valent. tom. 3. disp. 5. q. 8. p. 1. two very learned men labour to seeme to be.

But, besides that such an exposing of him­selfe to unevitable danger, is the same fault as [Page 200] Selfe-homicide, when there is any fault in it, the very Text is against them; for Samson dyed with these words in his mouth, Jud. 16. 30. [Let mee lose my life with the philistims.]

And though sometimes these Authors adde, 5 They which say he did not intend his own death princi­pally say the same as we. Supra. That hee intended not his owne death princi­pally, but accidentally (as Calvine also sayes, that Saint Paul did not desire death for deaths sake, but to be with Christ,) this can remove no man from our side, for wee say the same, that this may be done onely, when the honour of God may bee promoved by that way, and no other.

Therefore to justifie this fact in Samson, 6 That Saint Aug. his an­swer to this fact, that it was by speciall instinct, hath no ground in the history. Aug. de civit. Dei cap. 12. Saint Augustine equally zealous of Samsons honour, and his own conscience, builds still up­on his old foundation, [That this was by the spe­ciall inspiration from God.] Which, because it ap­peares not in the History, nor lyes in proofe, may with the same easinesse be refused, as it is presented.

To give strength to this opinion of Augustine, Sayr Thesau. Cas. Conse. l. 7. cap. 9. Nu. 9. our Countreyman Sayr presents one reason preceding the fact, and Pedr. pr. 5. Hisp. Pedraca the Spaniard, another subsequent.

The first is that hee prepared himselfe to it by Prayer. But in this prayer, you may ob­serve 7 Of Says rea­sons in con­firmation of August. that Samson pray'd. much humanity, and weakenesse and selfe­respect. [O Lord, saith he, I beseech thee, Strengh­then me at this time onely, that I may be ave [...]d of the Philistims for my two eyes.

[Page 201] The second reason is, that because hee effe­cted 8. Of Pedr. his reason, that it was a­gainst the work of God, because it was done as it was desired. that which he desired, it is to be presumed, that God restored him his strength to that end, which he asked it. But, besides that in the text it appeares, that v. 22. his haire before that time, was begunne to be growne out againe, and so his strength somewhat renewed; doth this prove any impulsion, and incitement, and pre­vention of the holy Ghost, to that particular act, or rather only an habituall accompanying and awaking him, to such actions by which God might be honoured and glorified, whensoever any occasion should be presented?

When therefore he felt his strength in part 9 That he had as much rea­son, and authority to kill himselfe as to kill the Philistims, and that it was on­ly the glory of God. refreshed, and had by Prayer intreated the per­fecting thereof, seeing they tooke continuall oc­casion from his dejection to [...]orne and reproach his God, burning with an equall fervour to re­venge their double fault, and to remove the wretched occasion thereof, he had Fra. Georg. probl. 438. as a ve­ry subtile Author sayes, the same reason to kill himselfe, which hee had to kill them, and the same authoritie, and the same priviledge, and safeguard from sinne.

And he dyed, as the same man sayes, with 10. Samson in this manner of dying was a type of Christ. the same zeale as Christ, unconstrained; for Perer. in Gen. 49. 16. In this manner of dying, as much as in any thing els, he was a Type of Christ.

SECT. V.

The next example is Saul. And whether he did 1 Of Saul 1 Sam. ult. perfect and consummat the act of killing himself, or the Amalekite contribute his help, it makes no 2. Whether the Amalekite did help to kill Saul. difference to our purpose; But that the latter was true, may wel enough consist with the relation of the history in the 1. Sam. ult. first place, and it appeares to be the more likely and probable out of the 2. Sam. 1. second: And by Antiq. l. 7. cap. 15 Iosephus it is absolutely so delivered; And the Hist. Schol. scholastique history saith also, that Saul was too weake to force the sword through his body.

Two things use to be disputed of Saul. Whe­ther hee were saved or no; And whether 3. Whether Saul be saved or no. if hee perished, it was for impenitence testi­fied or presumed by this act of his. The Iewes are generally indulgent to him: And the Chri­stians generally severe upon this reason, that it is said of him, 1 Cro. 10. 13. [Saul dyed for his transgressi­ons against the Lord, and his word, and asking coun­saile of a witch.] But this doth not necessarily conclude an impenitence, or a second death. For the Iews say, That beleeving the sentence of Samuel in the apparitions, and accepting that decree as from God, he repented his formet life, and then presented and delivered up himselfe and his sonnes, conformably to the revea­led will of God, there in the field to be sacri­ficed [Page 203] to him: understanding Samuells words you shall be with me, to be spoken, not generally of the state of the dead, but of the state of the just, because both Samuel himself was so, and so was Jonathan, whose condition in this promise of being with Samuel, was the same as his Fathers. And therefore saith Lyra, [all Iews and some Chri­stians agree, that least by his reproach dishonour might redound upon God, a good and Zealous man may kill himself, as Samson did, and the Virgins.] And he addeth, [If other reasons were not sufficient to ex­cuse Lyra. Saul, this also might justly be applied to him, that he did it by divine instinct.]

Out of which I observe these two things, that he presumes there are other reasons suffi­cient 4. In what cases the Iews. and Lyra con­fess that a man may kill him­selfe. in some cases, whether they were in Sauls case or no. And then the reason upon which Lyra [...] presumes he dyed well, [because the con­trary is not declared in Scriptures, nor determined by 5. Lyra's rea­sons why Saul is to be presu­med to have dyed well. the Church.] And Saul hath a good testimony of sanctity in this act, from Notae in Sindou. c. 21. Nu. 6. Mallonius, [That as Christ died when he would, so did Saul, thinking it dishonourable to dye by the hand of his, and Gods enemies.] That argument which Bur­gensis 6. Burgensis reason to the contrary, that if Saul were excusable, the Amalckite was so to. bringeth to the contrary, suffereth more force and violence in being brought in, then it giveth strength to his opinion. It is, [That if the fact were justifiable in Saul, it had beene so too in the Amalekite, if his profession to David were true, That he had killed Saul, and consequently Da­vid unjust in that execution.] But, besides that, that [Page 204] Amalekite had no conscience, nor inward know­ledge of Sauls just reasons, nor other warrant but his commandement, which might, and was to him likely to proceed from Sauls infirmities, it might well appeare to David, by his comming to tell him the newes, that he had humane respects in doing it, and a purpose onely to deserve well of David. And when both Judge and prisoner are innocent, oft times the Executioner may be a Murtherer.

And such humane respects of wearinesse and 7. Of Sauls Armor-bearer despaire, and shame, and feare, and fidelity to his Master, and amazement, and such, stand in the way betweene Sauls Armour-bearer and all excuses, to our understandings. For though the phrase of Scripture impute nothing to him for that fact of killing himselfe, yet I have found none that offer any particular excuse in his de­fence.

SECT. VI.

Neither doe I finde any thing to excuse Achi­tophels 1. Of Achi­tophel. 2 Sam. 15. death; though (as I said of the other) the History doe not accuse that particular fact. The Text calles his counsaile good, and it seems vers. 14. he was not transported with passion, because he 2 He set his house in order, And he was buried. set his house in order; And he was buried in his Fathers grave, when Absalou slaine by anothers hand was cast into a pit.

But if it were upon a meere dispute of his [Page 205] owne disgrace, or feare of ill successe, or upon any selfe respect, without proposing Gods glo­rie, and he repented not, he perished.

SECT. VII.

Of Judas, the most sinnefull instrument of the 1 Of Judas. Mat. 27. 5. Act. 1. 18. most mercifull Worke, the common, (though not generall) opinion is, that he killed himselfe; but whether by hanging, or no, is more contro­verted.

For from the words in the Act. 1. 18. Acts, [That he threw himselfe downe headlong, and burst asun­der, and his bowels gushed out.] Euthym. in Com. in Matt. Euthymius thinks, That he was rescued whilst he hanged, and car­ryed away, and that after that hee killed him­selfe by throwing himselfe headlong.

And Brent. in Act. 1. 18. Brentius leaves that indifferent to us, to thinke what we will thereof. But it seemes by Oecum. [...]n Collect. Act. Apost. Oecumenius, that he did not only overlive this hanging, but that he grew to so enormous a bignesse, and burden to himselfe, that he was not able to withdraw himselfe out of a Coa­ches way, but had his guts crushed out so; 2. He dyed not by hang­ing himself, in the opinion of Euthymius, [...] Oecum. Papias S. Iohns di­sciple. and Theoph. which he receives from Papias the Disciple to Saint Iohn, whose times cannot be thought ig­norant, or incurious of Iudas History.

And it is there said further, that by others it was said, that being swolne to that vastnesse, and corrupted with vermine, hee laid himselfe [Page 206] down upon his field, and there his guts broke out. And this Theophilact in Mat. 7. Theophilact followes.

And it falls out very often, that some one 3. By what meanes many places of scri­ptures have beene other­wise accepted, then they in­tend. Father, of strong reputation and authority in his time, doth snatch and swallow some pro­bable interpretation of Scripture: and then di­gesting it into his Homilies, and applying it in dehortations, and encouragements, as the occa­sions and diseases of his Auditory, or his age require, and imagining thereupon delightfull and figurative insinuations, and setting it to the Musique of his stile, (as every man which is accustomed to these Meditations, shall often finde in himselfe such a spirituall wantonnesse, and devout straying into such delicacies,) that sense which was but probable, growes neces­sary, and those who succeed, had rather enjoy his wit, then vexe their owne; as often times we are loath to change or leave off a counter­feit stone, by reason of the well setting there­of.

By this meanes, I thinke, it became so gene­rally to be beleeved, that the fruit which Eve eat, was an Apple; And that Lots wife was tur­ned to a pillar of Salt; And that Absalon was hanged by the haire of the head; And that Iephthe killed his Daughter; And many other such, which grew currant, not from an evi­dence in the Text, but because such an accep­tation, was most usefull, and applyable. Of this number, Iudas case might be.

[Page 207] But if it were not, that act of killing him­selfe, 4 Iudas not accused of this in the story, nor in the two propheticall Psalms of him. is not added to his faults in any place of Scriptures; no not in those Psal. 69. ct 109. two Psalmes of particular accusations, and bitter imprecati­ons against him, as they are ordinarily taken to be Prophetically purposed and directed.

And even of this man, whose sinne, if any 5 Origens opi­nion of his re­pentance. can exceed mercy, was such, Origen durst hope, not out of his erronious compassion, and sinne­full charity, by which he thinks that even the Devill shall be saved, but out of Iudas repen­tance. He sayes, Ex not. Em. Sâ in Mat. 27. [The Devill led him to the sinne, and then induced him to that sorrowfulnesse which swallowed him.] But speaking of his re­pentance, he sayes, [ Aquin. cate­na aurea. Those words, when Iu­das saw that he was condemned, belong to Judas himselfe, for Christ was not then condemned. And upon this conscience and consideration, began his repentance. [For, it may be, saith Origen, that Satan which had entred into him, staid with him till Christ was betray'd, and then left him, and there­upon repentance followed.] And perchance, sayes he, he went to prevent, and goe before his Ma­ster, who was to dye, and so to meet him with his naked soule, that he might gaine Mercy by his confession and prayers.] 6. Calvin ac­knowledges all degrees of re­pentance which the Ro­mane Church requireth, to salvation, to have beene in Iudas.

And Iu Mat. 27. 4. Calvine, (though his purpose be, to enervate and maime, (or at least, declare it to be so defective,) that repentance which is ad­mitted for sufficient in the Romane Church, sayes that [In Iudas there was perfect contrition of heart, [Page 208] Confession of the mouth, and satisfaction for the mo­ney.]

But 23. q. 5. Tu dixisti. glos. Petilian, against whom Saint Augu­stine writes, proceeded further in justification of Iudas last act, then any. For hee said, [That in suffering death when hee repented, and so was a Con­fessor, 7 Petilianus his opinion of his Martyr­dome. hee became a Martyr.] Which opinion be­ing pronounced singularly and undefensibly; Ibid. Si non licet. Saint Augustine answers as choleriquely, [Laqueum talibus reliquit.] Yet Saint Augu­stine himselfe confesseth, that an innocent man, should more have sinned in such an act, then Iudas did, because in his execution there were some degrees of justice.

But of his actuall impenitence I purposed [...]. Iudas act had some de­grees of justice by S. Aug. not to speake, nor of his repentance, but onely to observe to you, that this last fact is not im­puted to him, nor repentance said to be preclu­ded thereby.

SECT. VIII.

For the Passive action of Eleazar, none de­nies, but that that endangering of himselfe, 1. Of Eleazar Macab. 1. 6. 46. Jos. Aut. 12. 15. was an act of Vertue: yet it was a forsa­king and exposing himselfe to certaine De­struction.

For every Elephant had thirty two men up­on him: and was guarded with one thou­sand 2. All confess that an act of vertue. Foot, and five hundred Horse: And this which he slew, was in his opinion, the Kings 3. The de­struction was certaine. Elephant, and therefore the better provi­ded.

Howsoever hee might hope to escape be­fore the very act of killing the Elephant, by 4. He did as much to his owne death as Samson. creeping under it, was a direct killing of himselfe, as expressely as Samson pulling down the house.

And the reasons of this action, are rendered in the Text to have been, To deliver his people, 5 The reasons of his act in the text, and to get a perpetuall name.

And this fact doth Saint Ambrose extoll by many glorious circumstances; As [That hee 6. S. Ambrose his extolling thereof. flung away his Target, which might have sheltred him, That despising death, he forced into the midst of the Army, and Inclusus ruin [...], magis quam oppressus, suo est sepultus Triumpho; And that by death he begot peace, as the heire of his valour.]

[Page 210] And as very many Schoolemen have inten­ded and exercised their wits in the praise of this action, So Cajet. in 16. Iud. Cajetan gives such a reason there­of, as is applyable to very many Selfe-homi­cides. [That to expose our selves to certaine 7. Cajetanus his reason for Eleazer's justi­fication, ap­pliable to very many other cases of Self­homicide. death, if our first end be not our owne death, but common good, it is lawfull. For, saith hee, Our actions which bee Morally good or bad, must bee judged to bee such, by the first reason which moves them; not by any accident, or concomitance, accompanying, or succeding them, though necessarily.] And this resolution of Cajetan, will include many Cases, and instances, which are headlongly by intem­perate censures condemned.

SECT. IX.

The fall of Rasis, which is the last Exam­ple, 1. Rasis Mat. 2. 14. is thus reported. [Hee was besieged and fired; willing to dye manfully, and escape repr [...], 2. His reasons in the text. unworthy of his House, hee fell upon his Sword; for haste, hee mist his stroke, and threw himselfe from the Castle wall; yet rose up againe, and ranne to a high Rocke, tooke out his owne bowells, and threw them among the people, calling upon the Lord of life and spirit, and so died.]

Which Act the Text accuseth not; nor doth St. Aquin. 22. q. 64. ar. 5. Thomas accuse it of any thing else, but that [Page 211] it was Cowardlinesse. Which also Aristotel [...] Ethic. l. 3. c. 7. Aristotle imputes to this manner of dying, as wee said Supra fo. 130 before. 3. Whether it be pusillani­mity, as Aqui. August. and Aristot. says.

But either he spoke at that time, serviceably and advantagiously to the point which hee had then in hand; or else hee spoke, ut plurimum, because for the most part infirmities provoke men to this act.

For August. de civit. Dei l. 1. c. 22. S. Augustine who argues as earnestly as Aristotle, that this is not greatnesse of minde, confesseth yet, that in Cleombrotus it was: who onely upon reading Plato his Phoedo, killed him­selfe; for, saith Augustine: [When no calamitie urged him, no crime, either true or imputed, nothing 4. S. Aug. confesses that to have beene greatnes of mind, in Cle­ombrotus. but greatnesse of minde moved him, to apprehend death, and to breake the sweet bands of this life.] And though he adde, [That it was done rather Magnè then Benè;] yet by this, that which wee seeke now is in Confession, that sometimes there is in this act, Greatnesse and Courage. Which upon the same reason which moved A­ristotle, and all the rest, which is, to quench in men their naturall love to it, he is loth to af­foord in too many cases.

For hee c. 23. sayes [That, except Lucrece, it is not easie to finde any example worth the prescribing, 5. How much great exam­ples governe. or imitating, but Cato: Not because hee onely did it, but because being reputed learned and honest, men might justly thinke, that that was well done, and might well bee done againe, which hee did.] Yet for all this, hee is loth to ler Catoes act passe with so [Page 212] much approbation, For hee addes, [That yet many of his learned friends thought it a weak­nesse to let him dye so.] And this hee doth because when men have before them the prece­dent of a brave example, they contend no fur­ther, then what he did, not why.

For it is truely said, Vell. Paterc. de morte Grac. Examples doe not stoppe, nor consist in the Degree where they begunne, but grow, and no man thinkes that unworthy for him, which profiteth another.] Yet, Saint Augustine though upon this reason loth to give glory to many examples, allows all greatnesse and praise to Regulus, Supra of whom we spoke before: though, to my understan­ding there are in it many impressions of false­hood, and of ostentation, from all which Cat [...]es history is delivered.

And, to end this point, whether it be alwais pusillanimity, Laertius says Diog. Laer. l. 6. [That in An­tisthenes the philosopher, videbatur firme mol­lius, 6. That it was reputed co­wardlines in Antistbenes extreamly sick not to kill himself. that lying extreame sick, and Diogenes ask­ing him, if he lacked a freind, (meaning to kill him,) and offering him also his dagger, to doe it himselfe, the Philosopher said he desired an end of paine, but not of life.]

As therefore this fact of Rasis, may have pro­ceeded from greatnesse, So is it by Lyra excu­sed 7. Vpon what reasons Lyra excuseth this and like acti­ons. from all sin, by reasons applyable to many other. For he sayes, [Either to escape torment, by which probably a man might be seduced to Idolatry, or take away occasion of making [Page 213] them reproach God in him, a man may kill him­selfe; For, saith hee, Both these cases, Ordi [...]n­tur in Deum.]

And this Relect. de homicid. resp. ad ult. argum. Francis a Victoria allowes as the more probable opinion.] And Sotus l. 2. de just. q. 3. ar. 8. Sotus, and Valeu. to. 3. disp. 5. q. 8. Valentia, follow Thomas his opi­nion herein; And Burgensis condemnes it up­on this presumption, That hee could not doe this for love of the common good, because this could not redeeme his people, being alrea­dy 8 Burgensis reasons con­fesses he might have had just causes. captive. So that his accusing him helpes us thus much, that if by his death hee could have redeemed them, hee might lawfully have done it.