“In short,” said he, “Sanchez (mark, now, what great names I am quoting to you!) Sanchez, sir, goes a step further; for he shows how, simply by managing the intention rightly, a person may not only receive a challenge, but give one. And our Escobar follows him.”
“Prove that, father,” said I, “and I shall give up the point: but I will not believe that he has written it, unless I see it in print.”
“Read it yourself, then,” he replied: and, to be sure, I read the following extract from the Moral Theology of Sanchez: “It is perfectly reasonable to hold that a man may fight a duel to save his life, his honor, or any considerable portion of his property, when it is apparent that there is a design to deprive him of these unjustly, by law-suits and chicanery, and when there is no other way of preserving them. Navarre justly observes, that in such cases, it is lawful either to accept or to send a challenge—licet acceptare et offerre duellum. The same author adds, that there is nothing to prevent one from despatching one’s adversary in a private way. Indeed, in the circumstances referred to, it is advisable to avoid employing the method of the duel, if it is possible to settle the affair by privately killing our enemy; for, by this means, we escape at once from exposing our life in the combat, and from participating in the sin which our opponent would have committed by fighting the duel!”[[168]]
“A most pious assassination!” said I. “Still, however, pious though it be, it is assassination, if a man is permitted to kill his enemy in a treacherous manner.”
“Did I say that he might kill him treacherously?” cried the monk. “God forbid! I said he might kill him privately, and you conclude that he may kill him treacherously, as if that were the same thing! Attend, sir, to Escobar’s definition before allowing yourself to speak again on this subject: ‘We call it killing in treachery, when the person who is slain had no reason to suspect such a fate. He, therefore, that slays his enemy cannot be said to kill him in treachery, even although the blow should be given insidiously and behind his back—licet per insidias aut a tergo percutiat.’ And again: ‘He that kills his enemy, with whom he was reconciled under a promise of never again attempting his life, cannot be absolutely said to kill in treachery, unless there was between them all the stricter friendship—arctior amicitia.’[[169]] You see now, you do not even understand what the terms signify, and yet you pretend to talk like a doctor.”
“I grant you this is something quite new to me,” I replied; “and I should gather from that definition that few, if any, were ever killed in treachery; for people seldom take it into their heads to assassinate any but their enemies. Be this as it may, however, it seems that, according to Sanchez, a man may freely slay (I do not say treacherously, but only insidiously, and behind his back) a calumniator, for example, who prosecutes us at law?”
“Certainly he may,” returned the monk, “always, however, in the way of giving a right direction to the intention: you constantly forget the main point. Molina supports the same doctrine; and what is more, our learned brother Reginald maintains that we may despatch the false witnesses whom he summons against us. And, to crown the whole, according to our great and famous fathers Tanner and Emanuel Sa, it is lawful to kill both the false witnesses and the judge himself, if he has had any collusion with them. Here are Tanner’s very words: ‘Sotus and Lessius think that it is not lawful to kill the false witnesses and the magistrate who conspire together to put an innocent person to death; but Emanuel Sa and other authors with good reason impugn that sentiment, at least so far as the conscience is concerned.’ And he goes on to show that it is quite lawful to kill both the witnesses and the judge.”
“Well, father,” said I, “I think I now understand pretty well your principle regarding the direction of the intention; but I should like to know something of its consequences, and all the cases in which this method of yours arms a man with the power of life and death. Let us go over them again, for fear of mistake, for equivocation here might be attended with dangerous results. Killing is a matter which requires to be well-timed, and to be backed with a good probable opinion. You have assured me, then, that by giving a proper turn to the intention, it is lawful, according to your fathers, for the preservation of one’s honor, or even property, to accept a challenge to a duel, to give one sometimes, to kill in a private way a false accuser, and his witnesses along with him, and even the judge who has been bribed to favor them; and you have also told me that he who has got a blow, may, without avenging himself, retaliate with the sword. But you have not told me, father, to what length he may go.”
“He can hardly mistake there,” replied the father, “for he may go all the length of killing his man. This is satisfactorily proved by the learned Henriquez, and others of our fathers quoted by Escobar, as follows: ‘It is perfectly right to kill a person who has given us a box on the ear, although he should run away, provided it is not done through hatred or revenge, and there is no danger of giving occasion thereby to murders of a gross kind and hurtful to society. And the reason is, that it is as lawful to pursue the thief that has stolen our honor, as him that has run away with our property. For, although your honor cannot be said to be in the hands of your enemy in the same sense as your goods and chattels are in the hands of the thief, still it may be recovered in the same way—by showing proofs of greatness and authority, and thus acquiring the esteem of men. And, in point of fact, is it not certain that the man who has received a buffet on the ear is held to be under disgrace, until he has wiped off the insult with the blood of his enemy?’”
I was so shocked on hearing this, that it was with great difficulty I could contain myself; but, in my anxiety to hear the rest, I allowed him to proceed.