Of Homicide, or Manslaughter.

⁷ 2 Here will I treate of two things; the first, what maner of man-slaughter is condemned by the word of God, and to be punished by the magistrates; secondlie, who are guiltie of this crime. As touching the first, we must vnderstand, that not euerie slaughter of man is condemned. For if one kill a man by chance, in exercising of an honest and lawfull thing, he incurreth not the punishment of man-slaughter. Wherefore, in the old lawe, there were granted cities of refuge. ⁸ For in verie déed, he killeth not: but as it is there written; God (without whose will nothing is doone by chance) deliuered him, that he should so be killed. A iudge also and a magistrate, when he punisheth heinous offenders, is not to be accounted a man-slear: for it is not he that killeth, but the lawe; yea rather God himselfe, who would haue it so doone, and so commanded it. Furthermore, he that in a desolate place, or where he cannot be holpen by others, is set vpon by théeues or enimies: if, in defending himselfe, & according to the lawes, by repelling violence by violence, he slaie a robber or théefe, which inuadeth him; he is not guiltie of man-slaughter, forsomuch as in that case, he is armed both by the lawes & the magistrates. For the Common-weale would not, that a subiect should so perish: therfore it giueth him leaue to defend himselfe by weapons. For this cause Cicero defended Milo, ⁹ bicause he had killed Clodius, who first by a secret lieng in wait set vpon him. ¹⁰ Also the woman of Thecua obteined of Dauid, that the magistrate should not kill hir sonne, who had slaine his brother being at variance with him in the féeld; They were alone (saith she) and therefore it is not knowne, which of them first inuaded the other. Soldiers also, when in a iust war they slea their enimie, commit no vniust thing.

Wherefore, that man-slaughter, which must be punished, and is condemned by lawes, is then iudged to be doone, when a man of set purpose is killed by priuate men. And they, which are to be condemned of this crime by the Romane lawes, are not called man-stears, but murtherers. In the lawe Cornelia, the title is De sicarijs; and not De homicidis: ¹¹ and they are so called, which doo weare about them a short skeine to kill a man. And by the figure Synecdoche, vnder the name of a short skeine, is vnderstood euerie kind of weapon. And not onelie they which kill, are guiltie of this crime; but also they which either by déed, or by counsell doo helpe, and in their saiengs and assistance haue respect herevnto, that some man should be killed: yea, ¹² the will is to be punished, though it had not this purpose. But this in ciuill iudgement is not vsed, except in thrée kinds of crimes onelie; to wit, of murtherers, of rauishers, and of traitors. Wherefore, that murtherer is to be punished, which throweth a weapon at anie man, to the intent he would kill him; or hauing that mind, woundeth him, though the partie die not thereof: as we haue it in the Digests, in the same title, in the lawe Diuus; where Adrian the emperour maketh answer, that we must haue respect to the will, and not to the euent. But that is vnderstood, when the will manifesteth it selfe by anie apparant token. Yet I did not without cause saie, that these things are thus concerning ciuill iudgment: bicause otherwise, before God, the desire and determination of the mind, as touching all kind of sinnes, is condemned for sinne. Christ saith; He that beholdeth a woman, ¹³ and lusteth after hir, hath alreadie committed adulterie in his hart.

And that the will, in those crimes, is estéemed as the fact, euen the holie fathers, and the canons doo decrée. Ierom vpon Esaie, ¹⁴ as it is in the title Poenitentia, distinction the first, chap. Omnis habet; Thou hast not killed with the sword, but thou hast killed with the will. ¹⁵ Yea and Cyprian in his sermon De mortalitate, writeth; He that desireth martyrdome, is a martyr before God. It is one thing (saith he) for the will to want martyrdome, and an other thing for martyrdome to want the will. These things are found in the same distinction, in the chapter Nunquid. And in the same place, in the chapter Periculosè, Augustine is cited, ¹⁶ who saith; that the Iewes no lesse killed Christ, than the Romans did; although they laid not hands vpon him. By this distinction he accordeth the two euangelists, who séeme to disagrée touching the houre of the Lords death. ¹⁷ The one saith, that he was nailed in the third houre; the other saith, in the sixt houre. ¹⁸ Augustine affirmeth both to be true: for the Iewes, at the third houre cried; Crucifie, crucifie. Wherefore as concerning them, they then killed the Lord, who neuerthelesse was crucified afterward in the sixt houre, by the soldiers of Pilat.

Of the fact of Elias, and that a peruerse imitating of him must be auoided.

¹⁹ 3 The king was verie angrie against Elias; partlie bicause he hindered his ambassage, and partlie bicause he threatned him with extremities, that is, with death. And it is likelie to be true, that he was prouoked by his mother Iezabel. Wherefore he sent a capteine ouer fiftie with his soldiers, that should take him, and bring him vnto him, that at length he might put him to death. Howbeit the singular goodnes of God did not onelie defend Elias, but also tooke most heauie reuenge vpon his enimies, and that iustlie no doubt: for it is not méet that a prophet, being the minister of the word of God, should be violated by a soldier or garder of the king. God is present, and oftentimes suffereth not these things to be doone. also although he sometime giue leaue that his ministers be afflicted by the wicked, yet this he dooth not as being weakened by their power, as who would saie he were so féeble that he can not reuenge; but he hath other ends, whervnto he directeth the afflictions of the godlie. Wherefore to disquiet prophets, commeth not of the power of man, but of the patience of God; who assuredlie is able to deliuer them, séeing his power is no whit lessened. But he vseth their aduersities for the performance of his counsels: and therefore Christ said; ²⁰ Could not I aske my father, and he would giue me twelue legions of angels, that I should not be deliuered to the Iewes? The same Christ also, when he should haue béene apprehended, asked of the companie; For whom they sought? and when he had said: ²¹ I am he, immediatlie they fell backward. And manie times did the Scribes, Pharisies, and princes send soldiers to apprehend him, while he preached, who could not laie hands vpon him, but returning againe, said; ²² that There was neuer man spake like this man. Wherefore they, which preach the word of God, haue hereby a most swéet consolation, considering themselues to haue GOD to be their defender; than whom, nothing can be found more strong, nor more mightie.

4 But now let vs consider, what God did respect in burning of the capteins ouer the fifties, and their soldiers. Certeinlie, he would shew himselfe to be a reuenger of the prophesie being contemned, and of the holie ministerie that was despised. In old time he reuenged the Mosaicall priesthood, bicause it was scorned by the seditious. ²³ Also he reuenged the arke of the couenant, bicause it was vnworthilie handled both by the Philistines, and also by the Bethsamites. Furthermore, he restored to libertie the temple in the time of Nicanor and Heliodorus. ²⁴ These things did he therefore not permit to be vnreuenged, bicause they should be instruments of godlinesse. But a great deale more dooth prophesie, and the holie ministerie belong therevnto. We ought not then to maruell, if he were so angrie for the defense of his word, and of his prophet: for he dooth not eastlie suffer his ordinances to be contemned: sith he that repugneth them, repugneth God himselfe. And that should no lesse be spoken, touching the holie ministerie, than touching the ciuill magistrate; He that heareth you (saith the Lord) heareth me, ²⁵ and he that despiseth you, despiseth mine owne selfe. But these offices are ioined togither, and so ordeined by God, as he being not hurt, they can not be despised. Wherefore iustlie doth God reuenge both prophesie, & the holie ministerie, when they be contemned and ouertroden by the wicked. Howbeit, this is sometime doone vpon the sudden, and euen while the contempt is; as it happened in those bands of fifties, and as it came to passe in Ieroboam, ²⁶ when his hand dried vp, which he had stretched out against the man of God in Bethel. Suddenlie also were Chore, Dathan, and Abiram soonke, who made a commotion against Moses, bicause of the high priesthood of Aaron. ²⁷ But sometime the punishment is deferred for a certeine space; as in Achab, who long time afflicted the prophets, and yet was not straitwaie killed. Also Christ indured cruell iniuries all his life long: he was beaten, and finallie was crucified like an euill dooer. Neither did the punishment fall vpon the murtherers and rebels, till after certeine yéeres. These things dooth GOD diuerslie, according as the counsels of his prouidence doo permit.

²⁸ 5 There remaineth to sée, wherefore it was admitted to Elias, that he should destroie with fire from heauen, those princes and their soldiers: and yet it was denied to the apostles, ²⁹ which in like maner desired, that the same might be lawfull for them against the Samaritans, ³⁰ who most cruellie excluded Christ from harbouring among them, when he iournied from Galilie to Ierusalem: for Iames and Iohn desired this of Christ. Some saie, that hereof commeth the difference, that the spirits of the lawe, and of the Gospell, be verie contrarie. For the propertie of the lawe is to condemne, punish, and slea; but the propertie of the Gospell is to forgiue, preserue, and quicken. So that Elias was to kill them, which did openlie violate the lawe of God: but the dutie of the apostles was to helpe and to heale men, and not to destroie them. Wherefore the Lord added; Ye knowe not of what spirit ye be. I doo not thinke, that these words are so to be vnderstood, as though Elias was so much addicted to the lawe, that he had nothing common with the Gospell; for he himselfe was sometime a helpe to men. For in a verie great dearth he fed the widowe of Sarepta, ³¹ togither with hir sonne and familie; yea, and when hir sonne was dead, he restored him vnto life againe: and heauen being opened, hée gaue raine most plentifullie.

Also the apostles of Iesus Christ were not so addicted vnto goodnes, as that they neuer hurt anie: ³² for Peter by his word destroied Ananias and Saphyra, Paule made blind Elimas the sorcerer, and deliuered verie manie vnto satan to be tormented according to the flesh. Howbeit, I grant that the spirit of clemencie and gentlenesse flourished more in the apostles of Christ, than in the ancient prophets: and againe, that the spirit of seueritie and reuenge was more vttered in Elias and his fellowes, than in the euangelicall disciples. And I thinke good to adde, that the apostles were therefore warned of the Lord; bicause they were mooued against the Samaritans by an humane anger, and not by a diuine persuasion, to wish euill vnto them. But it is verie likelie, that they were vrged to aske that thing, through the site of the place: bicause in the same place Elias procured fire from heauen vnto those princes. For king Ahaziahu was in Samaria, when he commanded that Elias should be brought vnto him. Wherefore there was a certeine fond zeale in the apostles, wherewith they indeuoured to imitate Elias. Nor in the meane time did they make anie difference betwéene the nature of their vocations. For thereto was Elias called, that he should execute the iudgements of Gods seueritie: neither did he so sharpelie behaue himselfe, of his owne accord, but by the warning of God, and of his angel. Indéed in outward shew he might séeme to be a manqueller: yet must he not so be reputed, séeing he was onelie the minister of God.

And so we must beware, that we doo not by anie example of our forefathers, assure our selues of those things, which we earnestlie and extraordinarilie desire. Thus vndoubtedlie did the sillie woman of Samaria, ³³ who reasoning with Christ at the well side, laboured to prooue, that God should be worshipped in that mountaine, bicause Iacob had worshipped him there. Indéed he did that, which was lawfull for him to doo in that age, wherein he liued: but afterward, when the lawe was giuen, the worshipping was to be doone at the tabernacle, and after that, in the temple of Salomon. Neither must the examples of the forefathers, doone against the lawe of God, be taken as rules to imitate and followe. The which if we shall doo, we shall not be counted as followers of the fathers, but as mockers of them. Wherefore, when we will take vnaccustomed things in hand, against the ordinarie commandement of God; it is not enough to alledge an example of the forefathers: but we must descend into our selues, in examining by what spirit we be led; least vnder a certeine glorious pretence, we followe the wisedome and affection of the flesh. For this cause Iesus said to his apostles; Ye knowe not of whose spirit ye be: Ye purpose with your selues to followe Elias, but ye be not led with his spirit.

6 Two waies we sée there is offense committed in this age of ours. ³⁴ The christian princes haue diuers times taken in hand wars against the Turks, pretending a iust cause, for that they thought méet to recouer those lands, which the barbarous nations and wicked tyrants had taken awaie from the christians. Bu⟨…⟩ whether they were stirred vp by a good spirit, it is verie doubtfull. Peraduenture they were mooued by a gréedie desire of bearing rule, or for worldlie glorie sake, or else by other inuentions of mans wisedome; and therefore had seldome anie good successe. Againe, there haue béene some, ³⁵ which indeuoured by armes and humane power, to spread abroad the Gospell and propagation of churches. These perhaps did not well trie, with what spirit they did it. This is it, whereof Christ warned his apostles, that they should descend into themselues, and examine with what spirit they were led; namelie, ³⁶ whether they could be like vnto Elias. And when they had desired of their maister, that it might be lawfull for them, by his leaue, to vndertake and doo it, he denied that request; bicause he was not sent, to the end he should afflict or destroie men, but rather to helpe them; and that therefore he would not passe the limits of his vocation. Whereby he also warned them, that they should not rashlie indeuour, to arrogate such things vnto themselues.

But that Christ was not sent to punish, and take reuenge of wicked déeds; his life and acts doo testifie. For he was a succour vnto all men, and he helped them that were in miserie, so often as occasion was offered. And when he was with most bitter taunts reuiled, he did not reuile againe. And being fastened to the crosse, he praied most patientlie for his enimies. Wherefore the places, which at the first sight séemed to varie, are reconciled. And we be all warned, that when we are to take in hand anie thing against order & custome, we must first discerne with what spirit and instigation we be mooued. Neither let vs be of the mind, to imitate Helias in reuenging; vnlesse we vnderstand for a certeintie, that we be led with the spirit of Helias. Yet is not therefore the power, which the magistrate hath, of iust reuenging, taken from him: for he hath lawes prescribed vnto him by GOD, which he ought to followe. But those things, which we haue spoken, belong vnto priuate persons.

VVhether Helias did well, in killing of the Baalits.

³⁷ 7 While the people was hot and feruent in confession of the true faith, Helias vsed an occasion, & preuented the kings commandement, & prouided that the prophets of Baal should be taken and slaine. They must not (saith he) be better instructed and prouoked to repentance, but he would haue them foorthwith to be slaine. ³⁸ For he was assured by the spirit of GOD, that they would not conuert or be changed. And séeing they had now led awaie manie from the true God, and would still haue deceiued manie, if they had remained aliue; he accounted it a iust thing, that their vngodlinesse should be ended with their life. God vndoubtedlie might by an other occasion, means, and waie, haue confounded and destroied the Baalits: ³⁹ yet séeing he thought best to deale after that sort, we ought to thinke that this was the best waie. But some man will saie, that Helias in the meane time séemeth to be guiltie of murther: for he slue, and caused to be slaine, foure hundred and fourtie men. Chrysostome treateth of this matter vpon the epistle to the Galathians, when he expoundeth that place, ⁴⁰ wherein he said; I went not vnto them, which were apostles before me: At the first sight (saith he) he séemeth to diminish the authoritie of the other apostles, and to extoll his owne selfe: which thing could not be without fault.

But vnto this he answereth, that the saiengs and déeds of the saints must not be barelie and simplie weighed. For otherwise, Samuel might haue séemed to be a murtherer; who killed Agag the king. In like manner might Phinees and also Helias. ⁴¹ It behooueth (saith he) to looke vpon the causes, and to consider whie, and to what end those things shalbe either said or doone. Paule (saith he) was not so arrogant, as he would contemne other apostles, in comparison of himselfe; onelie he would win authoritie vnto the Gospell, which was preached by him. For he had to doo with false prophets, who said; that vnto Paule, which forbad the ceremonies of Moses, credit should not be giuen; but to the greater apostles, who suffered them. Bréefelie, he would prooue, that as touching things manifestlie reuealed vnto vs by God, nothing should be withdrawne, or changed, by the authoritie of men.

Moreouer, he séemeth to affirme, ⁴² that the intent or end is chéeflie to be regarded; as though a worke (which séemeth absurd) can be made good and holie, by an intent (as they call it.) This (vnder correction of so excellent a man) doo not I easilie allow; bicause there be manie works so wicked and corrupt, that how good an intent so euer come vnto them, yet are they not therby so amended as they be made good. Let no man, (vnder this pretence) saie, that we must steale, to the intent that almes may be giuen to the poore. Neither let anie man be absolued, if he haue committed adulterie, by saieng that he did it with an vpright mind, or to a good end. For (as saith the apostle) We must not commit euill, ⁴³ that good may come thereof. Further, in things that be indifferent, which may sometime be doon well, and sometime ill, an intent may be of some force. In which kind of things, slaieng is easilie placed. For somtime men are iustlie slaine, and sometime vniustlie. For the magistrate hath the sword, and it is prescribed him by God, that he should punish offenders. And if he doo it with a good mind, and a right purpose, his worke is counted both good and holie: but if he shall doo it to satisfie his malice, and to prosecute his quarels, or to yéeld to his rage and crueltie, he dooth not well. Also a priuate man, who hath not the right of the sword, if he kill anie man, he dooth amisse: vnlesse he be mooued vnto it by GOD, through a certeine prerogatiue or priuiledge, whereby the common lawe is debarred. But then must he, which is stirred vp by God, be verie certeine of his impulsion. And therefore men must not deale rashlie héerein; but a firme and perfect certeintie must be expected.

Now then I would affirme, that those things; which at the first sight séeme to be absurd, are by faith made honest and right. For they be allowed by God, bicause they be doone by the prescript of his word; when as men cleaue effectuallie vnto him by faith: neither maketh it anie matter, whether that word be of the common lawe, or of peculiar inspiration. Wherefore the goodnes of works dependeth of faith. So that, euen as it is said; ⁴⁴ Whatsoeuer is not of faith, is sinne: so on the other side may be inferred; That which is of faith, is iust: for faith it selfe iustifieth, as the apostles writings doo testifie. Also the goodnes of works dependeth of the spirit that mooueth: for if anie man be mooued by the spirit of the flesh, he dooth vniustlie; but if it be by the impulsion of the spirit of God, he worketh iustlie. And vnto this had the Lord regard, when in forbidding the apostles, that they should not call downe fire against the Samaritanes, he saith; ⁴⁵ Ye knowe not of what spirit ye be. And Helias shall be excused, not onlie through his intent, faith, and spirit; but for bicause that GOD deliuered vnto him his iudgements to be executed, and appointed him to be a iudge of the Baalits. So that he shall not be accounted a priuate man, but a man of God; who euen as by an ordinarie waie in the earth he would haue magistrates to be his deputies, so likewise can he promote to that place of dignitie, whom soeuer he shall thinke good.

8 But passing ouer these excuses, I saie, that it is decided by the lawe. For in Deuteronomie the 18. chapter it is decréed, ⁴⁶ that the prophet should be slaine, which speaketh lies in the name of God, or which prophesieth in the name of other gods. ⁴⁷ And in the 17. chapter is the verie same thing, euen as touching priuate men and women, which worshipped idols. But in the 13. chapter of that booke, ⁴⁸ not onelie death is assigned to the prophet which seduceth; but there is also a commandement added, that none should spare his owne brother, or the sonne of his mother, neither sonne, nor daughter, nor seruants, nor those which were most déere and néerest friends vnto him. Thirdlie, it is commanded, that the whole citie, when it is infected with idolatrie, should be destroied with fire & sword. Further, ⁴⁹ in the 24. chapter of Leuiticus it is decréed, that the blasphemous man should not be suffered to liue. Herewithall adde the iustice of rendering like for like: for the prophets of Baal had caused the ministers of the true God to be slaine, ⁵⁰ as well by Iezabel, as by king Achab. But, will some man saie; By these lawes and reasons it is prooued, that these Baalites had indéed deserued death, but perhaps they should not haue béene slaine by the prophet, for auoiding suspicion of man-slaughter. Howbeit this I answere, that the king was also present, and consented vnto the slaughter. Helias indéed preuented the kings iudgement; yet it appéereth not, that he did against it, bicause the king being present, did not withstand it.

But wherefore he held his peace, manie reasons may be brought. First, it might not be, but that by séeing so great a woonder, he also was astonished, & excéedinglie amazed: wherefore he could not but spurne against the pricke. Adde also, that the king durst not stand against so great a consent of the people. Also it might be, that he was verie desirous of raine, and that therefore, least he should be disappointed, he gaue some maner of consent vnto this slaughter. He caused the false prophets to be brought to the brooke Kison; to wit, that their dead bodies should be cast into it: a brooke otherwise noble, ⁵¹ for the victorie gotten of Iabin and Sisara, by the leading and conduct of Barach and Debora, as it is written in the booke of Iudges, and mentioned by Dauid in the Psalmes. ⁵² But to some it séemeth an vnwoorthie and cruell thing, that the prophet himselfe, with his owne hand, as the historie reporteth, slue some of them. As though it were not read, that Samuel smote Agag the king of Amalech. ⁵³ Moses also with the Leuits destroied manie thousands of idolaters.

But and if thou wilt saie; that Moses was prince of the people, and as a lawfull magistrat vsed the Leuits in stéed of soldiers: I grant. But what should we saie of Phinees, who being a priuate man, slue Zimbri and Cosbi, ⁵⁴ which were taken in whoredome? Did not Moses also, before he receiued the principalitie, slaie an Aegyptian man? It is not lawfull to blame that fact, ⁵⁵ séeing Steeuen in the Acts of the apostles alloweth and commendeth it. We knowe in déed, that it is the part of prophets and ministers to deale by the word, not by violence, and by the sword. Wherefore Peter and Paule, ⁵⁶ if they punished or put anie to death, they did it by the word, not by the sword. But we saie, that these things, which Moses and Helias did, were not ordinarie, but certeine acts out of vse, and common order. ⁵⁷ Yea and wheras Helias exercised the office of a priest, and sacrificed out of the place chosen by God: Augustine vpon Leuiticus, question 56. excuseth it, by the same reason, by which was excused the déed of Abraham, ⁵⁸ who ment to slaie his owne sonne. All these things were doone by the priuate instinct of God, against the common lawe set foorth. The lawe-giuer himselfe, when he commandeth anie thing to be doone against his lawes, his commandement must be counted for a lawe.

Of Parricide or slaieng of parents.

⁵⁹ 9 Of the wicked crime of parricide, there are manie things written in the ciuill lawes Ad L. Corneliam De parricidijs. And (as far as may be gathered out of the lawes and histories) in old time, the name of that crime was giuen vnto those, which murthered their parents, grandfathers, and great grandfathers, &c: to those also which murthered their children, and childrens children, &c. But afterward by Pompeius the signification thereof was further extended. And they were also called parricides, which killed their brothers, their sonnes in lawe, their daughters in lawe, their fathers or mothers in lawe, and such other. ⁶⁰ Although there be an old lawe, and giuen by Numa Pompilius; If anie man wittinglie bringeth a frée man to death, let him be taken for a parricide. And Augustine, in his third booke De ciuitate Dei, ⁶¹ the sixt chapter, counted Romulus guiltie of parricide, bicause he slue his brother. And there he derideth the Ethniks, which affirmed, that their gods suffered Troie to be destroied; bicause they would take vengeance of the adulterie of Paris. But how (saith he) were they fauourable vnto Rome, when as the builder thereof committed parricide, straitwaie at the beginning? ⁶² Howbeit, the same Augustine in his booke De patientia (which neuerthelesse is counted none of his) in the 13. chapter, appointed a certeine latitude or degrées betwéene parricides: for (as he saith) he sinneth more heinouslie, which killeth his parents or children, than he which murthereth his brethren. And he which slaieth his brethren, offendeth more than he, which destroieth those, that be further of kin.

And the wicked crime of slaieng parents or superiours, séemed to be so horrible, that at Rome, for the space of six hundred yéeres after the building of the citie, it was not committed. Yea and Romulus, ⁶³ that made no mention of it in his lawes, being demanded why he left it out, answered; that he could not be persuaded, that anie such thing can happen vnto men. Solon also being asked why he likewise, by his lawes, did not restreine parricide; ⁶⁴ answered, that he wold not by anie occasion of his lawes, giue men knowledge of so horrible a wickednesse, and by his admonishment, to stir them vp after a sort vnto it. For it oftentimes happeneth, that they, which forbid certeine vices, prouoke men to fall into them; who verie often will indeuour to doo such things as they are forbidden. The murther of brethren and kinsfolke, hath vndoubtedlie béene from the beginning; as all histories doo testifie. And the punishment of those parricides, which slue their parents or children, was by lawes (as it is perceiued Ad legem Corneliam de parricidijs ) that they should be sowed in Culeo, ⁶⁵ that is, in a leather sacke, and with them also were put an ape, a cocke, and a viper, and were throwne into the deapth of the sea, or else in the next riuer adioining. But they, which slue of their kinsfolke or cousins, were punished with the sword onelie.

These punishments if at anie time they were either passed ouer, or winked at, by the magistrates, God himselfe punished them; as the historie of Samuel declareth of Absolom, ⁶⁶ which killed his brother, and most cruellie set vpon his father. He also striketh them with rage and madnesse, which commit such horrible wicked acts: as both the poets, and also historiographers write of Nero and of Orestes. ⁶⁷ For both of them hauing killed their mothers, became mad. And it is a common saieng, that they, which commit so great wickednesse, cannot be quiet in mind. ⁶⁸ Wherefore Cicero in his oration for Roscius, saith, that certeine yoong men of Terracina, which were accused of murthering their father, were by this meanes quit; bicause in the morning they were found asléepe. For the iudges thought, that they could not sléepe, which had committed so heinous a crime. Domitian also, ⁶⁹ which slue his brother Titus, was killed by the vengeance of God. And in like maner Bassianus Caracalla, ⁷⁰ when he had destroied his brother Geta. And that we ouerpasse not Abimelech, ⁷¹ God sent an euill spirit betwéene him and the princes of the Sichemits: ⁷² and either partie was taken with a certeine furie, so that in the end, one of them destroied another.

Of Sword-plaie.

10 Whereas God by most weightie words pronounced, that mans blood should not be shed; ⁷³ this in the sword-plaie, among the ancient Romans, was held for a game: ⁷⁴ which deuise of theirs cannot by anie meanes be excused. L. Florus saith, that D. Iunius Brutus, at the funerall of his father, exhibited for a shew 22. couple of sword-plaiers. This (forsooth) was to purge his fathers soule by sacrifice, or rather to appease the diuell. But verie excellent was that saieng of Theodosius the emperour. For when the people in the Theatre made petition to him to haue sword-plaiers; hée answered, that A godlie prince not onelie ought to reigne with clemencie, but ought also to behold games, which be without crueltie. And at Athens, when the people had determined to haue a publike shew of sword-plaiers, bicause the same was a custome among the barbarous: Demonax answered, that the altar of mercie was first to be subuerted, before so great a crueltie should be openlie receiued. Augustine in his sixt booke of confessions, the ninth chapter saith, that his friend Alypius, otherwise a good man, being at Rome, had his mind woonderfullie delighted with sword-plaiers, and did gladlie féed his eies with humane bloud. But what pleasure could be therein? Was it to sée men die valiantlie? No, this was not true fortitude: for that hath consideration of the place and time. But this was to be vtterlie mad, and lauish of their life.

Seneca in his first booke De tranquillitate, and tenth chapter saith; that Cicero writeth, that those sword-plaiers were hated of the people, which would desire life of him, of whom they were ouercome; and that the people liked them, which make a shew that they can contemne death. Howbeit, this was not the part of men, but rather of beasts. ⁷⁵ Therefore, both Abner and Ioab were to be reprooued, which so caused their soldiers to kill one an other. But there is yet an other kind of sword-plaie farre more wicked. For there be some, which prouoke learned men to contention, about the weightiest points of our religion; not for the truth sake, but for the desire of contention. There is exclaming, contending, and breaking of charitie. And the common multitude dooth so often change, as it cannot tell now what it ought to beléeue. This of all other, is the worst kind of sword-plaie. Indéed I diswallow not moderate conference of religion; but I reprehend chiding and clamors about hidden and secret matters.

VVhether it be lawfull for anie man to kill himselfe.

⁷⁶ 11 Now must I discusse a question, which I hope will not be vnprofitable: whether it he lawfull for anie man to kill himselfe. And least I should be ouer long, ⁷⁷ first I saie, that death of it owne nature is euill: for God threatneth the same, and doth cast it vpon vs as a punishment. Moreouer, it is put as contrarie vnto life, which we doubt not but is good. ⁷⁸ And Paule, in the first to the Corinthians, the 15. chapter, calleth it the enimie of God; The last enimie (saith he) that shalbe destroied, is death. The same thing, if néed were, I might prooue by other reasons. But now I onelie aske this; If death be euill, whie is it sometime wished for: for nothing can be desired but hath some consideration of good? But thou wilt saie, that euen this hath then some consideration of good, when men are thereby deliuered from the gréeuous euils, which they thinke, that either they be not able to beare, or that in abiding of them they shalbe gréeuouslie troubled: or else, when by the same they obteine some notable good thing. Wherefore, though it sometime appéere lawfull to wish death for anie of these; yet is it a doubt, whether one may kill himselfe for those things. Now will I intreate of that matter.

But I speake nothing héere of them, which slaie themselues through phrensie and madnesse. For albeit, that those men may be condemned for other sinnes, which they commited when they were whole; yet it may rather séeme héere, that they should be pittied. For they haue no frée choise of things; as it is written in the 15. cause, question 2. in the chapter Insanientes. Neither will I dispute of them, which by chance being otherwise occupied, happen into their death against their will. ⁷⁹ And we will vse this proposition; It is not lawfull for one to kill himselfe, for anie of those things which I haue shewed. This I prooue by the lawe of God: by that lawe I meane, which was made long before Moses was borne. For in the ninth chapter of Genesis, thus God spake after the floud? Your bloud will I require at your hands, at the hand of man, at the hand of his neighbour, and at the hand of beasts. ⁸⁰ At your hands he saith; that is, if one shall kill himselfe. In the lawe of Moses, thus it is written; Thou shalt not kill. ⁸¹ And that is spoken in generall, not onelie against killing of an other, but that vndoubtedlie thou shouldest not kill thine owne selfe. Moreouer, there is ingraffed in euerie man a certeine louing affection by nature, that euerie man desireth to haue his owne life preserued and defended. He that procureth death to himselfe, fighteth against God the author of nature. Besides this, life is the gift of God; therefore it cannot be spilt without hainous offense. And he that slaieth himselfe, dooth iniurie to mankind, and to the common societie of men: for he taketh awaie a citizen from the Common-weale.

Adde withall, that neither the prophets, nor the apostles, nor patriarchs, would at anie time kill themselues. Iob, when he was miserablie afflicted; ⁸² My Soule (saith he) hath wished to perish and die: yet did he neuer slaie himselfe. Christ sent out his apostles, as shéepe among wool⟨…⟩es; yet he had them flie out of one citie into an other but not to kill themselues. And Christ himselfe, although by his death he was to deliuer mankind; yet did he neuer offer to kill himselfe, but tarried to be slaine by others. ⁸³ And when the Amalechit had said, that he stood vpon the bodie of Saule, while he was dieng, and did presse him downe, that he might die the more easilie: Dauid answered; Thou art the sonne of death. But if it had béene lawfull for Saule, to haue killed himselfe; how could the yoong man, which hastened his death, be worthie of death? For it is lawfull for one to helpe an other in an honest matter, and especiallie his prince. And if the lawe forbid thée to kill an other man, it much rather forbiddeth thée to kill thy selfe: sith that which is not lawfull for thée to doo to an other, is vnlawfull for thée to doo to thy selfe. ⁸⁴ For the rule of charitie must be taken from that charitie, wherewith we loue our selues. Furthermore, thou killest either an offender, or an innocent. If innocent, thou dooest iniurie to the lawe; if an offender, yet art thou iniurious against the lawe: for thou bereauest thy selfe of time to repent. And if so be God would suffer thée, that thou mightest repent; surelie thou that art not a magistrate, oughtest to suffer thy selfe. Thus much out of the holie scriptures.

⁸⁵ 12 Augustine in his first booke De ciuitate Dei, from the sixt chapter vnto the 20. disputeth hereof at large. And the cause whie he wrote these things in so manie words, was; for that when the barbarous nations, after the sacking of Rome, did iniurie vnto yoong maidens and matrons, manie rather killed themselues, than they would abide such things. But Augustine counselled, that they should not so doo. And in the 17. chapter he saith, that It is not lawfull for anie to kill themselues, either for obteining of good things, or for auoiding of euill: for it is murther, which is forbidden by the lawe of God. And Iudas, ⁸⁶ when he killed himselfe, vndoubtedlie did slaie a wicked man: yet is he guiltie (saith he) not onelie of the death of Christ, but of his owne also. The same father, in the second booke, and 19. chapter against Petilianus; Thou saist (saith he) that a traitor hath perished by an halter, and for such hath left the halter. As if Petilianus would saie, that it is lawfull for a christian man to reuenge his owne sinne vpon himselfe; and they, which would so doo, should be accounted for martyrs. But we (saith Augustine ) account not such to be martyrs. The same father, in his 60. epistle, and in the 204. dooth much more plentifullie dispute of this matter. Ierom in his epistle to Marcella, ⁸⁷ concerning the death of Blesilla, vnder the person of God, saith; I receiue not such soules, which against my will went foorth of their bodies. And those philosophers, which so did, he calleth the martyrs of foolish philosophie. The same father vpon Ionas saith; that It is not our part to plucke death to vs violentlie, but when the same is offered, to take it patientlie: except (saith he) it be where chastitie is in danger. ⁸⁸ Chrysostome vpon these words of the first chapter to the Galathians; He hath deliuered vs out of this wicked world: ⁸⁹ If so it were (saith he) that this life were euill, they should not doo euill, which kill themselues; but we saie, that they be wicked, and woorse than murtherers. The canons condemne those also, which geld themselues. And those canons, which be called The canons of the apostles, ⁹⁰ doo call such men murtherers of themselues. But and if it be not lawfull for one to geld himselfe, much lesse is it lawfull to kill himselfe. But yet it must be noted, that it is not there ment of them, which for disease are cut by the Physician.

13 Herevnto also agrée the better sort of the philosophers. The better I saie, ⁹¹ bicause I knowe that there were manie (as Cleanthes, Empedocles, Zeno, and others) which slue them selues. Plato in Phaedone saith, that This thing for two causes is not lawfull. First, bicause it is not lawfull to slaie the seruant of an other; and that all we be the seruants of God. Secondlie, for that soldiers be condemned, if they forsake their station without their emperors commandement. He saith that God hath set vs as it were in a station: wherefore he that without his commandement shall leaue his place, is a traitor. Aristotle in the fift of his Ethiks saith, ⁹² that It is not lawfull to kill a citizen, without commandement of the lawe and magistrate: and therefore they which kill themselues, ought to be gréeuouslie punished; for they are noted with infamie. These things he said, although it be reported, that afterward, for the auoiding of danger, he did wilfullie kill himselfe. ⁹³ Virgil placeth these kinds of men in great torments in hell, saieng: Then lowring next in place beene they, that fell with wilfull death, And guiltlesse slue themselues, with hastie hands abhorring breath, And shooke from them their soules. How gladlie now in skies againe Would they full poore estate and hardnesse of their life sustaine? The destnies them resist, and lake vnlouelie them detaines, And bellie fenne that nine times flowes, among them fast restraines. ⁹⁴ And one that wrote Epigrams, saith; Death to contemne in poore estate, an easie thing it is: In thrall to liue who can abide, doth valiantlie ywis.

14 In the Digests, De bonis illorum, ⁹⁵ qui ante sententiam sibi manus attulerunt, aut corruperunt accusatores. L. Qui rei. it is decréed, that they, who shall kill themselues, their goods shall be confiscate: & the reason is, that they must be taken for such, as haue confessed themselues guiltie. Yet is the sharpnes of that lawe mitigated by Antonius the emperor: for he decréed, that that lawe shuld be of force, if the crime be woorthie either of death or of banishment. Wherefore they, which for theft kill themselues, are excepted. They also be excepted, which being wearie of life, or impatient of sorowe, doo slea themselues. Also Adrian excepteth the father, who being suspected of killing his sonne, killeth himselfe: for it shuld séeme (saith he) that he did it rather for the loue of his sonne, than for guiltinesse of the crime. And if so be that one going about to kill himselfe, and others comming in the meane time doo let him of his enterprise (so he doo this through an vnpatiencie of sorowe, or wearinesse of life) him also Adrian dooth except: but if he shall doo it for anie other cause, he appointeth him to be punished. For he that will not spare himselfe (saith he) how will he spare others? In the Digests De iure fisci, in the lawe, In fraude, in the Paraph, Si quis; If anie through shame of debt shall kill himselfe, he also is pardoned.

And in the Code, De illis, qui possunt facere testamentum; If one shall lawfullie make his testament, and afterward killeth himselfe, it is a doubt whether that testament ought to be of force. And it is answered in like maner. But if he be taken in the crime, or made guiltie, it shall not stand. And, as we haue in the Digests, De re militari, in the chapter Omne delictum; If a soldier would kill himselfe, and cannot; if he doo the same, either through irksomnesse of life, or impatientnesse of sorrowe, or else for shame, he also is pardoned; yet so, as he be discharged from the war, and let go with shame: but if he be not able to excuse himselfe, he is punished by death. In the Digests De iniusto & fracto testamento, in the lawe Si exhaeredato filio, in the Paraph, Irritu~. All these haue séene, that it is sinne for a man to kill himselfe. But the Atheniens decréed more sharpelie as touching this matter. For they ordeined, that he which so died, should not be buried in the territorie of Athens. They did not onelie confiscate his goodes, but also they would haue his bodie carried foorth of their bounds. And why the Romans dealt more mildlie, I perceiue not; vnlesse perhaps they remembered, that they had in their citie, such as were Lucretia, Caro, and Curtius, whom they would not number among the wicked. By these so manie arguments, I thinke it is euident enough, that it is not lawfull for anie man to kill himselfe, neither for the escaping of tyrannie, nor yet for obteining of immortalitie, which thing Cleombrotus Ambraciota did.

⁹⁶ 15 But there be obiected vnto vs the examples of Cato, of Curtius, of Lucretia, and of Ionas, which willed himselfe to be cast into the sea, and of Razis out of the books of Ma⟨…⟩chabeis, & of certeine holie women, whose memorie is celebrated in the church, who for defense of their chastitie and religion, slue themselues. Cato killed himselfe, ⁹⁷ least he shuld come into the power of a tyrant. But if examples ought to take place, we also may obiect examples of patriarchs, apostls, and martyrs, who suffering patientlie all maner of most gréeuous torments, yet did they neuer kill themselues. And these, insomuch as they be our owne citizens, they should more mooue vs by their example, than doo strangers and forreiners: especiallie séeing the acts of these men are grounded vpon the eternall lawe, and expresse will of God. And as touching Cato particularlie, Augustine answereth in his first booke De ciuitate Dei, that that was not fortitude, but weakenesse of courage: for that he could not indure aduersitie. The same Augustine, in the 19. booke, and fourth chapter, maruelleth at the Stoiks, who doo place the blessed state in vertue, and reckon not misfortunes among euill things: and yet thinke, that they are to be shunned euen by death. For what reason (saith he) is this, that calamities be not euill, and yet must be auoided euen by death? O goodlie felicitie (saith he) which must be performed by the helpe of death! And if so be that life be blessed, we ought to abide therein: but if we will finish and performe the same by death, it is not happie. For what felicitie is this, that can be ouercome by those things, which ye will denie to be euill? Cato (saith he) killed himselfe, did he it patientlie, or vnpatientlie? Surelie vnpatientlie, and in bitternes of mind. For his patience was vanquished, through the authoritie of Caesar.

Others thus excuse him, as though by his example he would teach how mischéeuous a thing tyrannie should be in a frée Common-weale: and that the publike fréedome of our natiue countrie ought to be more déere vnto vs, than life it selfe. Indéed our life must be spent for the libertie of citizens; yet that must be in battell and conflict. But it is not lawfull for anie man to kill himselfe by his owne hand. And it is lawfull to warne the people of their dutie, by all iust meanes; but it is not lawfull to teach them by naughtie examples. And if so be that Cato were so carefull of his countrie, what profit did he to it, by dieng? By his life he might peraduenture haue profited the same, but being dead, he could by no meanes doo it. A thousand waies better did our Paule: for he, when he was in prison, and had suffered manie most bitter punishments, and would haue accounted it great aduantage, if he might haue died; yet, bicause he sawe that he might profit others, he reiected his owne commodities, and for other mens sakes desired to remaine aliue. This vndoubtedlie is the part of a good citizen, to thinke vpon the publike vtilitie of his owne citizens. But Cato, before he should die, warned his sonne, that he should hope well of Caesar, and ioine himselfe vnto him. If this were dishonest, by what reason persuaded he his sonne? If it were honest, why did not he himselfe take the counsell that he gaue his sonne? But it séemeth, that Caesar sufficientlie perceiued, with what mind Cato did this. For when he heard, that he was dead; He enuied (saith he) my glorie, he would not haue me to be the author of his safetie. But he was ashamed to liue in that citie, which should be held with the rule of a tyrant. Howbeit, he should haue considered, that that sinne was none of his owne, but an other mans. And we ought to be ashamed of our owne sinnes, and not of other mens; vnlesse they be such sinnes as are gathered by our owne default. Séeing Cato procured not that tyrannie vnto Caesar; but euer as Caesar grew in honor, so he put himselfe against him, there was no cause whie he should be ashamed of an other mans fault.

But it is a verie great matter (saie they) that a man can kill himselfe. I grant: yet sinnes also are verie great. Greatnesse may be no lesse considered in vices, than in vertues. But these men, forsomuch as they be Ethniks, if they cannot be persuaded by our examples, yet at the least wise let them acknowledge their owne examples: [whereof there be manie found in the ancient histories.] Marcus Artilius Regulus would not slaie himselfe, ⁹⁸ but chose rather to returne vnto Carthage, when he knew he should go to most extreame punishments. Whether of these two séeme to be of the greater courage? Vndoubtedlie Regulus; sith Cato was ouercome with impatience. Also Lucretia is obiected. ⁹⁹ is obiected. But Augustine saith, that she could not abide the note of vnchastitie, and for that cause she killed hir selfe. For Sextus Tarquinius entring into hir chamber, in the night, with his sword drawne, threatned that he would slaie hir, vnlesse she would yéeld to him; and that he would place a seruant slaine in one bed with hir, as if he had béene taken in adulterie with hir. Héere did she first begin to deliberate with hir selfe, and afterward she obeied. Héerby (saith Augustine ) there is offered a great scope of matter vnto Rhetoricians, for so much as some would praise that fact of Lucretia, and others would reprooue it. As for hir praisers, they were woont to saie, that two indéed co~mitted the wicked fact; but that onelie one was the adulterer. But (saith Augustine ) the chastitie of Lucretia cannot be praised, vnlesse hir murther be condemned. For if she were an adultresse, why is she praised? But if she were chast, why did she kill hir selfe? And so he concludeth, that the same in Lucretia, was no valiant courage, but a faint heart, bicause she could not abide the peoples ill suspicion of hir.

But this fault was peculiar vnto the Romans, that they were infected beyond measure with the desire of praise. Wherefore verie well wrote Virgil; that The loue of countrie, and vnmeasurable desire of praise, had the ouerhand. ¹⁰⁰ But if thou demand, whether Lucretia were an adulteresse, or no? I answer that she was. For Aristotle, in his third booke of Ethiks, when he disputeth of certeine actions, whether they be voluntarie or not voluntarie, demandeth; that If one in a tempest throwe out his merchandize, rather than the whole ship should perish, what maner of action that is to be reckoned? And he answereth, that the same is a mingled action: for that it hath some part that is voluntarie, and a part also that is not voluntarie. But to make a more exquisite answer, he saith, that the action is voluntarie: for the merchant had rather it were so for that time. And that an action must be weighed, according to that time, wherein it is taken in hand. And he addeth an other reason; that such a kind of action falleth out vnder the frée choise of man: for the merchant deliberated with himselfe, afterward he made choise, and fullie determined that this should be doone. Séeing then Lucretia chose rather to commit that adulterie, than to be stained with infamie after hir death, of necessitie the action was voluntarie. For she would rather be an adultresse, being aliue; than so to be accompted being dead. I grant indéed that the action had some mixture but yet (as I haue said) we must measure the fame by that time, wherein it was taken in hand.

But we on the other side, against this example, will obiect the example of Susanna. I know, that that storie is not canonicall; yet, howsoeuer it be, the example must not be contemned. When those elders stood about hir in the garden, and threatned that they would accuse hir of adulterie, vnlesse she would yéeld vnto them; she answered, that She had rather fall into the hands of men, than into the hands of God. Euen so ought we also in such distresses, not to cleaue vnto our owne good intents, and to imagine what may happen on each part; but to make our selues conformable vnto the will of God, and to leaue vnto his iudgement whatsoeuer shall happen. Also Curtius is obiected, who, ¹⁰¹ at such time as the earth opened wide in the middest of the market place, and that the gap could not by anie meanes be filled vp; and that an answer was made by the soothsaiers, that our mother the earth desired that thing, which in the citie was most excellent: he came armed on horsbacke into the market place, saieng; Thinke ye that the citie of Rome hath anie thing in the citie more excellent than armor and men. And spurring his horsse, he lept downe into the gap, and foorthwith the earth returned to hir owne estate. What can héere be said, but that these things were doone by the deceit and fraud of diuels? Neuerthelesse, if we will compare this Curtius with Cato, we shall perceiue, that he was of a far greater courage. For he did not kill himselfe through impatience, but thorough a care and loue of his countrie: for he was led by some féele of religion. But this was euill, in that he gaue credit to the diuell, whom he thought to be God. ¹⁰² Neither was that otherwise, which Plutarch sheweth of the virgins of Lemnos: for they hanged themselues, without anie certeine cause. And when there could be no end made of this their furie, those which had so come to their death, were, by publike consent of the citie, drawne naked by a hooke, with great ignominie among the people: and after that, they ceased to hang themselues.

16 But to set aside prophane examples, they saie, that Ionas also willed himselfe to be cast into the sea: ¹⁰³ and that this was no other thing than to kill himselfe. But we must remember, that Ionas was a prophet, and perceiued the will of GOD, and by his instinct commanded these things to be doone. Furthermore also, GOD would that in him should be a figure of Christ: that euen as he had béene thrée daies in the bellie of the fish; so Christ should be thrée daies in the hart of the earth. ¹⁰⁴ Razis also in the historie of the Macchabeis killed himselfe: ¹⁰⁵ for when he sawe that he was inclosed on euerie side by Nicanor, and that he could not escape, he strooke himselfe with his owne sword; afterward, when he sawe his wound was not mortall, he cast himselfe downe headlong. Here Augustine taketh verie much paines. For the Donatists were woont to take hold on this example. ¹⁰⁶ Neuerthelesse, he first answereth thus; that Some things perhaps were lawfull vnto them, which in our time may not be lawfull. Howbeit, this is but a weake argument: for the lawe of God, especiallie the morall lawe, is euerlasting. But he addeth, that certeine acts doubtlesse are mentioned in the holie scriptures, but not allowed of. Such are the droonkennesse of Noah, the incest of Loth, the selling of Ioseph, the adulterie of Dauid, and other such like. But against this answer it is obiected, that in the 14. chapter, this act is commended by the author: for thus he writeth; He would rather die honourablie, than suffer anie thing vnwoorthie of his progenie. Howbeit, this dooth not much trouble me: for perhaps the authour speaketh these things according to the opinion of Razis; who thought, that if he should liue in such sort, it would be a great shame, both to his stocke, and his name. Howbeit, another answer is much better; namelie, that those bookes are not among the canonicall scriptures, neither may anie opinion be confirmed by them. But thou wilt saie, that they were read in the church. I grant they were. Augustine saith, that those bookes were accustomed to be read; bicause of that noble vertue of the martyrs, to the intent, that godlie men might be incouraged against tyrants. But it is incredible, how desirous those Donatists were of voluntarie death. This they did, ¹⁰⁷ to bring our bishops in hatred, who had obteined against them the assistance of the emperours. And now, to the end they should deale more mildlie, they threatened that they would kill themselues. And when it was obiected by our men, that it was not lawfull; they vsed to flie to that example, which we haue mentioned of Razis, ¹⁰⁸ and vnto the place in the epistle to the Corinthians; If I shall giue my bodie, that I be burned, and haue not charitie, ¹⁰⁹ it profiteth me nothing. Wherefore, it is lawfull (saie they) so it be doone in charitie: ¹¹⁰ for Paule reprooueth not the same, saue where charitie faileth. But they fondlie and vnlearnedlie depraued the words of Paule: for they (as Augustine said) are thus to be ment; If of necessitie we must either die, or else admit some mischéeuous act, it is much better for a godlie man to die; yet not so, as anie man ought to be the author of his owne death, but to be readie to abide anie thing doone by the tyrant and executioner. So may it séeme, that those fellowes of Daniel deliuered themselues, when they said, ¹¹¹ that they would rather die, than worship the image of Nabuchad-nezar. And Christ is said to haue giuen himselfe for our saluation. Yet saith Paule, ¹¹² if a man euen so giue himselfe, that he be burned of a tyrant, if it be not in charitie, it shall profit him nothing. Yet this, also did the Donatists vaunt, ¹¹³ that man hath frée will in his owne matters; and therefore it is lawfull for anie man to kill himselfe, if he will. But this is ridiculous & vaine; sith our will must euermore be drawne backe from sin. For this both the holie scriptures exhort, and good magistrates, and godlie parents, in their subiects and children, doo the same.

17 But Ierom vpon Ionas saith, that It is our part, not violentlie to plucke death vnto vs; but with a good courage to suffer it, when it is offered; vnlesse perhaps it be, ¹¹⁴ where chastitie is put in danger. As if he had said; It is lawfull for one to kill himselfe, for preseruing of chastitie. Of the same opinion Ambrose séemeth to be, in his third booke De virginibus: for so he writeth of Pelagia the virgine, that the tormentors threatened hir, that vnlesse she would worship idols, ¹¹⁵ they would rauish hir; and that she, to auoid as well the one as the other, cast hir selfe downe headlong. This act did Ambrose commend: and he addeth, that hir mother did escape awaie with other two daughters; and that when in flieng awaie, they were hindered by a riuer, they of their owne accord rusht headlong into the same, and by that meanes they were drowned. Eusebius also, in his eight booke, and 15. chapter, ⟨…⟩ ⟨…⟩ when he reckoneth vp the lewd lusts of Maxentius, saith, that he, bearing inordinate loue vnto a certeine matrone of Rome of singular beautie, priuilie sent ministers of his lewdnesse, to bring hir vnto him. Who hauing bound hir husband, and vsed all threatenings towards him, lastlie obteined of him, that he yéelded his wife vnto the lust of the tyrant. But she, as though she would séeme to obeie, when she had obteined a time to make hir selfe readie, being retired into a parlor, did thrust hir selfe through with a sword. And that fact is not blamed, but rather allowed. ¹¹⁶ Héere Augustine somewhat doubteth, what answer to make. First he saith, that on the one part he séeth that lawe of God; Thou shalt not kill: and on the other part, that they be celebrated in the church as martyrs. As touching the word of God, he is resolued: and concerning the iudgement of the church, it might be, that God by some reuelation made it be knowen, that their dooings pleased him, and that they were stirred by the motion and instinct of the spirit, and by the speciall counsell of God. And like to this is that which we read to be doone by Samson, ¹¹⁷ in the booke of Iudges.

But by Augustines leaue, this comparison dooth not sufficientlie agrée: for as touching Samson, that he was set on by the spirit of GOD, it is certeine: also God restored his strength vnto him, which he before had taken awaie. And Samson, when he died, did call vpon the Lord. ¹¹⁸ And the epistle to the Hebrues giueth him a testimonie of faith and godlinesse, and reckoneth him in the number of the saints. Which can not be said of these virgins: for they haue no testimonie out of the word of God. ¹¹⁹ Augustine addeth; that that lawe (Thou shalt not kill) is certeine and well knowen. But no man must be persuaded to kill himselfe, through a diuine motion; vnlesse he knowe and haue a certeine triall, that it is the motion of God. Indéed I confesse, that God sometimes dooth certeine things by extraordinarie means. For he commanded the Hebrues to rob the Aegyptians, ¹²⁰ and Abraham to kill his sonne: yet may we not hereby pronounce any thing, more than we sée is euident by the holie scriptures. Verelie, I for my part can not allow of the facts of these virgins: for whether they were doone by the motion of God, I knowe not; neither doo I thinke, that the same can certeinlie inough be knowen of anie. Yet may it be, that they acknowledged their sinnes, before they departed out of their life, and that God forgaue them. Vndoubtedlie, the indeuour of defending chastitie and religion is verie laudable: yet must we take héed, that we defend the same by good meanes, and right considerations. Those virgins, which did these things, be praised. Admit they be so. But sometimes things, which be doone amisse, be praised also. The word of God is such, as in commending thereof, we can not be deceiued.

18 I knowe there be some of the latter writers, which thus decrée; that If anie man, ¹²¹ for his owne sake, bicause he can not indure either sharpenesse of punishment, or reproch, dooth kill himselfe, he sinneth verie gréeuouslie: but that if he onlie laie before his eies, the glorie of God, bicause he perceiueth that those things, which he shall suffer, will redound to his dishonor, he may so be excused. ¹²² For so Samson killed himselfe, bicause he sawe that his miserie was a dishonor vnto God. ¹²³ And that same Razis also, & those other women, which we now spake of, did so likewise. But this distinction dooth not weaken the truth, which we defend: for it is a stedfast and euerlasting rule; ¹²⁴ that We must not commit euill, that good may come thereof. Yea and the martyrs also could easilie perceiue, that their death would redound to the glorie of Gods name; yet was there none of them that killed himselfe. ¹²⁵ Euen so might that Amalechite haue excused himselfe, which furthered Saules death: for the Philistines, if they could haue taken Saule aliue, would not onelie haue reproched him, but God also. Neuerthelesse, Dauid commanded him to be slaine. Yea and Augustine himselfe answereth this reason; What sinne (saith he) did they feare? Surelie the sinne, which séemed to be at hand, was none of theirs, but of wicked men. But if it be lawfull for vs, to kill our selues, for the escaping of our sinne, then should euerie one slaie himselfe immediatlie after baptisme. By all these reasons it is concluded, that Saule, in that he killed himselfe, can not be excused. But the Hebrues defend him on this sort; That when he knew he should die, yet he manfullie returned to his campe, and failed not anie thing at all of his dutie, but submitted himselfe to the iudgement of God, which was declared by Samuel. Naie rather, he sinned two times gréeuouslie in one and the selfe-same matter; first, in that he tooke counsell of a witch; secondlie, in that he gaue credit vnto hir, or rather vnto the diuell. For both those déeds of his were against the lawe of God. These things haue I reasoned at large, ¹²⁶ but (as I hope) not vnprofitablie. For these daies of ours be verie dangerous, and the life of godlie people is open vnto prisons, vnto banishments, vnto torments, vnto burnings, & finallie vnto all kind of euils. Howbeit, although we should enter into all kind of aduersities, yet must none laie violent hands vpon himselfe. Also, doubtfull and intricate cogitations are oftentimes suggested vnto vs by the diuell, touching some sinne of ours, as of offense towards God, our shame or infamie. But these assaults we must valiantlie resist, and not suffer our selues by anie persuasion of the diuell, to be carried awaie from God.

Of resisting of violence.

¹²⁷ 19 A christian man is not forbidden, but that he may repell violence by violence; when either he is suddenlie set vpon in a desolate place, or can not otherwise call for aid and helpe of the magistrate. For séeing the lawes made by a iust magistrate, doo giue this leaue vnto him; he dooth not this act as a priuate man, but as a publike minister, armed by iust and publike lawes. ¹²⁸ Christ said, If a man giue to the a blowe on thy right cheeke, turne vnto him the other. But this must be doone, when thou séest, that by this meanes thou maist profit thy brother, or that it furthereth the aduancement of Gods glorie. And out of these cases, ¹²⁹ it is not necessarie so to doo, as both Christ and Paule by their example haue taught. But while we repell violence by violence, we must vse a moderation of a iust defense of our selues, (as the lawiers speake,) that we séeke not to hurt or to kill him, that dooth vs violence. And this must be diligentlie regarded, that with as litle harme to him as thou canst, thou repell from thée his force or violence. Vndoubtedlie, if it had not béene lawfull to repell violence by violence; the apostles following Christ would not haue borne swords with them. But they had swords: for they said vnto Christ, at his last supper; ¹³⁰ Behold heere be two swords. And Peter, when Christ should be taken; Shall we smite (saith he) with the sword? ¹³¹ Héereby it is manifest enough, that the apostles to this vse ware swords. If this had béene repugnant to the lawe of God, Christ would neuer haue permitted it: for he was a most earnest mainteiner of the commandements of his father.

Of curssings, imprecations, or bannings.

¹³² 20 It shall now be verie conuenient for vs, to intreat somewhat of imprecations, and of bannings, or curssings. The vse of malediction and curssing is verie ancient in the holie scriptures. Noah curssed his nephew Chanaan; Cursed be Chanaan, let him be a seruant to his brethren. Baalac also the sonne of Zippor, ¹³³ called Baalam to cursse Israel. In Deuteronomie we read; Curssed shalt thou be in the towne, and in the field, in the barne, & in the store. Curssed be the fruit of the wombe. These execrations were to be recited vpon mount Hebal. The law of gelosie hath also, ¹³⁴ in the booke of Numbers, proper imprecations; namelie, ¹³⁵ that The bellie should swell and breake, and the thighes rot. All which things could not hurt the woman, if she were innocent: but vnto an adulteresse they were recited, not without force and effect. ¹³⁶ Iosua curssed him, which would reedifie Iericho, with the death of his children. And this happened vnder Achab, ¹³⁷ as the historie of the Kings mentioneth. And Nehemias saith; that he not onlie rebuked those, which had married strange wiues, but also curssed them. In the new testament also, there want not examples, the which shall be afterward alledged.

Yea and the Ethniks likewise vsed curssings. Acteius a Tribune of the people of Rome, ¹³⁸ (as Plutarch declareth in the life of M. Crassus ) when he could by no other meanes dissuade him from his expedition into Parthia, at the length, in the waie, by the which Crassus should passe out of the citie, he set a chafing dish of coles, in the midst of the stréet. And when Crassus came against it, he cast in certeine perfumes, and with most horrible and bitter cursses, curssed the generall, and all his host. Which cursses were not in vaine, as the euent ouer well declared. Oedipus also (as the Poets tell) with bannings curssed his two sonnes Adrastes and Polynices; namelie, that they should be without citie and house, that they should be beggers and wanderers abroad, and so at variance in themselues, that the one should kill the other. Which effects, according to his wish, came to passe. And Horace saith; I will vtterlie cursse you, and this bitter cursse can no sacrifice appease. Neither is that to be passed in silence, which Augustine mentioneth concerning Paule and Palladia. For they being curssed of their mother, miserablie wandred about from countrie to countrie; vntill at the last they were deliuered at the toombe of S. Steeuen.

21 Séeing therefore so great plentie of curssings and bannings hath alwaies béen, as well among the Iewes, as also among the Gentiles; is it possible, that it should altogither be vniust, or be sinne, to cursse, or to wish euill vnto anie man, so that it should be lawfull at no time? ¹³⁹ Augustine vndoubtedlie was of this mind, that it is not lawfull: and he intreateth of this matter, towards the end of his first booke De sermone Domini in monte. He also writeth, ¹⁴⁰ that those imprecations, which are read in the prophets, perteine onelie vnto prophesies; so that, vnder that forme of praier, they onelie foretold the things, which they sawe should come to passe. And wheras they vse the Optatiue mood, in stéed of the Indicatiue, that (he saith) is not to be woondered at among the Hebrues: séeing they often times vse such figures in their spéeches. For manie times they vse one Tense for an other, putting the time past for the time to come: as; Wherefore haue the Gentils raged, ¹⁴¹ and the people imagined vaine things? ¹⁴² Againe; They diuided my garments among them. These things were for to come, and were forespoken concerning Christ; when as neuerthelesse they were written, as things alreadie past. Howbeit, he confesseth, that otherwhile we praie, that some may be punished and chastised for their amendement: which is not (saith he) to praie against them, ¹⁴³ but for them. And he citeth a place out of the Apocalypse, the sixt chapter, where the martyrs crie vnder the altar; Take vengeance vpon the earth for our bloud, which is shed.

And it séemeth vnto him, that thereby is ment, that these martyrs praied against the kingdome of sinne. And sinne may be destroied two maner of waies. ¹⁴⁴ First, if a contrarie disposition be induced: so that sinne being excluded, there succéedeth mortification of lusts, righteousnesse, honestie, and all kind of vertues. Againe, sinne is subdued vnto God, when punishment is applied vnto the same; for while it is vnpunished, it hath nothing in it that is good: but so soone as it is punished, forsomuch as that punishment is a part of iustice, sinne is at the least wise somewhat restreined and bridled thereby, from ranging anie further abroad. And this also is profitable vnto wretched sinners. Wherefore, if we will iudge vprightlie; ¹⁴⁵ the martyrs, in so praieng, praied rather for them, than against them. Neither also were it absurd, if they should praie for the end of the world, wherein they haue suffered so gréeuous things, that vngodlinesse may once haue an end. Although I thinke not, that all the elder fathers are of this mind, that we should praie for the end of the world; séeing rather on the contrarie part, Tertullian in his apollogie saith, that the christians in their congregations, praie for prolonging of the end of the world. And in the same place he writeth, that our men, by the determinate rule of the holie scriptures, praied not onelie for emperours, but also for the long preseruation of the world. For after this monarchie of the Romans, as Paule writeth to the Thessalonians, shall come Antichrist, and the end. ¹⁴⁶ Wherefore some of the godlie sort praied, that the time might be prolonged; partlie, that the tribulation which should come through Antichrist, might be deferred; & partlie, that the children of the election might be gathered togither.

The Gréeke Scholies write, that those holie martyrs praied against the diuell, that his power might be bridled and brought to an end. And thus much of Augustines opinion, who was also of the same mind against Faustus, who saith; These words of execration, which we read in the prophets, séeme to be the words of those, which fore-speake, not desires of them that accursse. But as touching this matter, I would thinke it should thus be determined; to wit, that when there is an enimie, which both wisheth euill vnto vs, and also to the vttermost of his power worketh euill against vs; we first of all should make a distinction of the cause, for the which he hateth vs. For either it is our owne proper cause, humane and ciuill; or else it is, bicause he hateth God and his truth. Next that, ¹⁴⁷ we make a distinction as touching men: for some are led by an accustomed affection of their owne; and other some are mooued by God, who reuealeth to them, both what he will doo, or what is the state of the wicked, & stirreth them vp to speake the things, ¹⁴⁸ which they doo speake. Neither is this in the meane time to be passed ouer, that the euils, which we praie for, are either temporall, or eternall. After these distinctions, I thinke we ought thus to saie; That if our owne cause onelie be in hand, therein we ought to be patient, ¹⁴⁹ long suffering, and gentle. Blesse, and cursse not: thus the scripture commandeth. We must also praie for them that persecute vs. We are by God created men, let vs not spit out the venom of serpents: and forsomuch as we are men, let vs not suffer ourselues to be changed into brute beasts. They which hurt vs, are mad, and are forced by furie; and therefore are rather woorthie of compassion, than of reuenge or curssings. A mouth is giuen vnto vs, by it to helpe and remedie; and not that we should cursse and ban with the same. Otherwise God saith of such execrations; I commanded thée, that thou shouldest praie for thine enimies, why dooest thou prouoke me now against them? Wilt thou haue me to be a helper of thée to transgresse my lawes, and to be thine executioner?

A certeine priest of Athens could not be induced to cursse Alcibiades: for he said, ¹⁵⁰ that he was made a priest to praie for men, and not to cursse them. And among the Romans it was not lawfull for the high priest of Iupiter to sweare; for that oftentimes, the end and conclusion of an oth is execration. For they saie; Let these or those things fall vpon me, vnlesse I performe this or that. And séeing it was not lawfull for the priest to cursse himselfe, much lesse was it lawfull for him to cursse others. Wherefore, if our owne cause be in hand, we ought not to vse cursings, but rather praiers, compassions, and blessings. But when Gods cause is in hand, and that this indignation commeth on vs, by reason of sinnes and wicked acts; ¹⁵¹ there is nothing to let, but that we may somtime vse imprecations, in such maner as we shall expresse. And it oftentimes happeneth, that our owne cause is ioined with the glorie of God; and is so ioined, as it cannot be distinctlie iudged of, but onelie by a diligent and attentiue consideration. As if a minister of the church sée himselfe contemned and derided, although he often times regard not his owne dignitie: yet notwithstanding, neither can he, nor ought he, quietlie suffer the word of God (which he ministreth) to be co~temned. For this cause, the prophets séemed manie times to be verie angrie, for that their messages and prophesies were derided. Wherefore I grant, that in this case, both imprecations and curssings were iustlie admitted.

¹⁵² 22 Howbeit, this I thinke necessarie to admonish you of, that we deale verie warilie. For our flesh is woont, vnder the pretence of Gods glorie and honor, to fight and brall for our owne honor and estimation. Moreouer, it must not be neglected, that we diligentlie seuer sinnes from nature, and that in anie wise we wish well vnto nature it selfe, that is, vnto men: but let vs cursse and hate sinnes. And for so much as it happeneth oftentimes, that men, when they haue béene corrected by some afflictions and punishments, doo repent: so, if vnto wicked men, being strangers from God, and transgressors of his lawes, we sometimes wish some discommodities and aduersities of the flesh, to the end they may féele the wrath of God, I sée nothing to the contrarie. And this without controuersie we may wish vnto our selues, and that iustlie; that God will rather afflict and scourge vs, than suffer vs to fall into sinnes: or if we sinne, that he will at the least wise, by this meanes, call vs backe to him. And if we may wish these, and such like things vnto our selues; whie should we not wish them vnto others, séeing we are commanded to loue our neighbours as our selues? ¹⁵³ So Elias shut vp heauen. So God drew home againe vnto himselfe some of his elect, which went astraie: for there be some dispositions of men so blockish, that they can not be brought home againe, but by this meanes. Wherefore the psalme saith; Fill their faces with ignominie, ¹⁵⁴ and they will seeke after thy name. So then, we may wish the crosse of affliction, both vnto our selues, and also vnto others, for amendement and correction. In which cause yet nothing ought ouer hastilie to be doone: for often times it happeneth, that some by afflictions are not amended, but rather made woorse.

¹⁵⁵ But the better waie were to praie vnto God, to correct them: and not to wish aduersities vnto them, except it be with this condition, to conuert them, or that the glorie of God may thereof insue. And this waie (saith Augustine ) we should not praie against them, but for them. Howbeit we must vnderstand, that among men there be some, which are the ambassadors of God, who deale not as priuate men; but they execute an extraordinarie ministerie. And these by the spirit of prophesieng doubt nothing of the will of God: for in their praiers they talke togither with God, and in that talke they sée and vnderstand manie things, as concerning the mind, and are woonderfullie affected. Séeing then, that God sheweth vnto them, that sinners shall be brought to amendement of some kind of punishments, & that he hath determined to punish them; or else that some are now past all hope of saluation, and shall without doubt be punished with eternall miserie: séeing (I saie) that such things are shewed vnto holie men, and that they in no wise doubt, but that they are decréed by the most excellent God (the which being chosen by him, must of necessitie be good) how can it be but that they please them, how can it be chosen but that they are wished of them, when as they continuallie praie; ¹⁵⁶ Thy will be doone? Wherefore when they sée those things, they praie, they make imprecations, they powre out such execrations and curssings, as we read in the prophets and holie histories.

23 Hereof the godlie doo take consolation, who thereby vnderstand, in what sort wicked men shall at the length be handeled: and the weaker and wandering sort, which perteine vnto the flocke of God, are by these things corrected, and doo take héed vnto themselues, that they deserue not the like. For this cause Gregorie, vpon those words of Iob, wherein he curssed the daie of his birth, prudentlie wrote, that the execrations of the saints procéed not of malice; that is, from a fleshlie desire and worldlie hatred, but from a iust consideration, namelie, in that they doo sée the same to be allowed by the will of God. But (saith he) these things are not praied for by wishing and desiring. Vnto which last saieng of his I assent not: for (as I haue alreadie said) the saints can not but allow, and earnestlie wish that, which they sée GOD willeth; so that they be assured, that God hath thus firmelie decréed. ¹⁵⁷ In this manner Paule made blind Elimas the sorcerer: Peter slue Ananias and Saphyra. So likewise the same Peter said vnto Simon the sorcerer; ¹⁵⁸ Thy monie and thou be destroied togither. Paule deliuered vnto satan, him that committed incest, and said; ¹⁵⁹ I would to God they were cut off, which trouble you! ¹⁶⁰ Neither did Elias anie other wise command the fire to come downe from heauen, the which deuoured the capteins ouer fiftie, with their fiftie soldiers. ¹⁶¹ Elizaeus also curssed the children which derided him, and they were torne in sunder of the beares. What difference is there, whether God execute by himselfe, or by others, whom he hath appointed to be his ministers? Wherefore, that which he dooth by himselfe, he can doo in like sort by his saints and prophets.

24 Furthermore, if anie man haue a great desire to cursse other, and pretend the imitation of the prophets and apostles; let him fore-sée, whether he haue their spirit. For euen as no man ought to vse the sword, but a magistrate onelie; so let none vse these execrations, ¹⁶² but they which are most priuie to the will of God, and which are mooued by the spirit to giue those cursses. This place is alike, yea rather all one with that place, which concerneth reuenge. Priuate reuenge is forbidden; yet not publike reuenge, and that which is doone by princes. So then, let them, which be of the common sort absteine from execrations: especiallie let them not wish anie crosse to anie man, as touching eternall damnation, but vpon condition, that it may doo good. And let them knowe, that they are bound by this common rule; ¹⁶³ Blesse and cursse not; praie for them which persecute you. And they, which by Gods motion vse anie execration or imprecation, let them alwaies haue before their eies the amendement of sinne: or at the least-waie, the diminishing of the malice thereof, through paines and punishments, that the righteous may not be hindered from the worshipping of God, ¹⁶⁴ and also may not stretch foorth their hands vnto iniquities: and finallie, let them onelie séeke, that the will of God may haue place; & let them not be desirous of their owne co~modities.

Neither ought it to séeme a woonder to anie man, that that common rule (which prescribeth to vs To blesse, and not to cursse, and to wish well vnto them which persecute vs ) admitteth anie exceptions: for that happeneth also in other commandements. Is it not else-where ordeined, that We should praie for all men? ¹⁶⁵ And vnto Timothie the reason is added; for that God will haue all men to be saued. ¹⁶⁶ And yet Iohn saith; that Some doo sinne vnto death, and for them (saith he) we ought not to praie. ¹⁶⁷ Which yet we ought to vnderstand, when we plainelie perceiue, that they haue sinned vnto the death. Now then, as touching that trope or figure of Augustine, wherein he saith, that these imprecations of the saints, were predictions or foretellings (as we doo not vtterlie reiect it:) euen so we saie, that it is not necessarie. Neither doo we grant, that in the execrations of the prophets, and of the apostles, there were not earnest requests and desires. For how could they but desire that, which they sawe God had willed and decréed; vnlesse peraduenture by request and desire he ment the sense of the flesh, or of reason, as it is led by mens counsels? Last of all, this is to be noted; that it is not absurd, that in one and the selfe-same will of godlie men, ¹⁶⁸ are contrarie motions: sith they happen not in respect of one and the selfe-same thing, but in respect of diuers. For, in that they looke vpon the will and decrée of God, and the destruction of sinne, and such like; they cannot but reioise in the punishments of the wicked: but as they looke vpon them being men ioined vnto them by nature, of one and the selfe-same flesh and lumpe, ¹⁶⁹ they are excéedinglie sorrie for their destruction. Thus Samuel moorned for Saule being reiected by God: as we haue it in the 15. chapter of the first booke of Kings.