TO THE REVEREND FATHERS, THE JESUITS.
IN WHICH THE MAXIMS OF THE JESUITS ON MURDER ARE REFUTED FROM THE FATHERS—SOME OF THEIR CALUMNIES ANSWERED BY THE WAY—AND THEIR DOCTRINE COMPARED WITH THE FORMS OBSERVED IN CRIMINAL TRIALS.
October 23, 1656.
Reverend Fathers,—If I had merely to reply to the three remaining charges on the subject of homicide, there would be no need for a long discourse, and you will see them refuted presently in a few words; but as I think it of much more importance to inspire the public with a horror at your opinions on this subject, than to justify the fidelity of my quotations, I shall be obliged to devote the greater part of this letter to the refutation of your maxims, to show you how far you have departed from the sentiments of the Church, and even of nature itself. The permissions of murder, which you have granted in such a variety of cases, render it very apparent, that you have so far forgotten the law of God, and quenched the light of nature, as to require to be remanded to the simplest principles of religion and of common sense.
What can be a plainer dictate of nature than that “no private individual has a right to take away the life of another?” “So well are we taught this of ourselves,” says St. Chrysostom, “that God, in giving the commandment not to kill, did not add as a reason that homicide was an evil; because,” says that father, “the law supposes that nature has taught us that truth already.” Accordingly, this commandment has been binding on men in all ages. The Gospel has confirmed the requirement of the law; and the decalogue only renewed the command which man had received from God before the law, in the person of Noah, from whom all men are descended. On that renovation of the world, God said to the patriarch: “At the hand of man, and at the hand of every man’s brother, will I require the life of man. Whoso sheddeth man’s blood, by man shall his blood be shed; for man is made in the image of God.” (Gen. ix. 5, 6.) This general prohibition deprives man of all power over the life of man. And so exclusively has the Almighty reserved this prerogative in his own hand, that, in accordance with Christianity, which is at utter variance with the false maxims of Paganism, man has no power even over his own life. But, as it has seemed good to his providence to take human society under his protection, and to punish the evil-doers that give it disturbance, he has himself established laws for depriving criminals of life; and thus those executions which, without his sanction, would be punishable outrages, become, by virtue of his authority, which is the rule of justice, praiseworthy penalties. St. Augustine takes an admirable view of this subject. “God,” he says, “has himself qualified this general prohibition against manslaughter, both by the laws which he has instituted for the capital punishment of malefactors, and by the special orders which he has sometimes issued to put to death certain individuals. And when death is inflicted in such cases, it is not man that kills, but God, of whom man may be considered as only the instrument, in the same way as a sword in the hand of him that wields it. But, these instances excepted, whosoever kills incurs the guilt of murder.”[[255]]
It appears, then, fathers, that the right of taking away the life of man is the sole prerogative of God, and that having ordained laws for executing death on criminals, he has deputed kings or commonwealths as the depositaries of that power—a truth which St. Paul teaches us, when, speaking of the right which sovereigns possess over the lives of their subjects, he deduces it from Heaven in these words: “He beareth not the sword in vain; for he is the minister of God to execute wrath upon him that doeth evil.” (Rom. xiii. 4.) But as it is God who has put this power into their hands, so he requires them to exercise it in the same manner as he does himself; in other words, with perfect justice; according to what St. Paul observes in the same passage: “Rulers are not a terror to good works, but to the evil. Wilt thou, then, not be afraid of the power? Do that which is good: for he is the minister of God to thee for good.” And this restriction, so far from lowering their prerogative, exalts it, on the contrary, more than ever; for it is thus assimilated to that of God, who has no power to do evil, but is all-powerful to do good; and it is thus distinguished from that of devils, who are impotent in that which is good, and powerful only for evil. There is this difference only to be observed betwixt the King of Heaven and earthly sovereigns, that God, being justice and wisdom itself, may inflict death instantaneously on whomsoever and in whatsoever manner he pleases; for, besides his being the sovereign Lord of human life, it is certain that he never takes it away either without cause or without judgment, because he is as incapable of injustice as he is of error. Earthly potentates, however, are not at liberty to act in this manner; for, though the ministers of God, still they are but men, and not gods. They may be misguided by evil counsels, irritated by false suspicions, transported by passion, and hence they find themselves obliged to have recourse, in their turn also, to human agency, and appoint magistrates in their dominions, to whom they delegate their power, that the authority which God has bestowed on them may be employed solely for the purpose for which they received it.
I hope you understand, then, fathers, that to avoid the crime of murder, we must act at once by the authority of God, and according to the justice of God; and that when these two conditions are not united, sin is contracted; whether it be by taking away life with his authority, but without his justice; or by taking it away with justice, but without his authority. From this indispensable connection it follows, according to St. Augustine, “that he who, without proper authority, kills a criminal, becomes a criminal himself, chiefly for this reason, that he usurps an authority which God has not given him;” and on the other hand, magistrates, though they possess this authority, are nevertheless chargeable with murder, if, contrary to the laws which they are bound to follow, they inflict death on an innocent man.
Such are the principles of public safety and tranquillity which have been admitted at all times and in all places, and on the basis of which all legislators, sacred and profane, from the beginning of the world, have founded their laws. Even Heathens have never ventured to make an exception to this rule, unless in cases where there was no other way of escaping the loss of chastity or life, when they conceived, as Cicero tells us, “that the law itself seemed to put its weapons into the hands of those who were placed in such an emergency.”
But with this single exception, which has nothing to do with my present purpose, that such a law was ever enacted, authorizing or tolerating, as you have done, the practice of putting a man to death, to atone for an insult, or to avoid the loss of honor or property, where life is not in danger at the same time; that, fathers, is what I deny was ever done, even by infidels. They have, on the contrary, most expressly forbidden the practice. The law of the Twelve Tables of Rome bore, “that it is unlawful to kill a robber in the day-time, when he does not defend himself with arms;” which, indeed, had been prohibited long before in the 22d chapter of Exodus. And the law Furem, in the Lex Cornelia, which is borrowed from Ulpian, forbids the killing of robbers even by night, if they do not put us in danger of our lives.[[256]]
Tell us now, fathers, what authority you have to permit what all laws, human as well as divine, have forbidden; and who gave Lessius a right to use the following language? “The book of Exodus forbids the killing of thieves by day, when they do not employ arms in their defence; and in a court of justice, punishment is inflicted on those who kill under these circumstances. In conscience, however, no blame can be attached to this practice, when a person is not sure of being able otherwise to recover his stolen goods, or entertains a doubt on the subject, as Sotus expresses it; for he is not obliged to run the risk of losing any part of his property merely to save the life of a robber. The same privilege extends even to clergymen.”[[257]] Such extraordinary assurance! The law of Moses punishes those who kill a thief when he does not threaten our lives, and the law of the Gospel, according to you, will absolve them! What, fathers! has Jesus Christ come to destroy the law, and not to fulfil it? “The civil judge,” says Lessius, “would inflict punishment on those who should kill under such circumstances; but no blame can be attached to the deed in conscience.” Must we conclude, then, that the morality of Jesus Christ is more sanguinary, and less the enemy of murder, than that of Pagans, from whom our judges have borrowed their civil laws which condemn that crime? Do Christians make more account of the good things of this earth, and less account of human life, than infidels and idolaters? On what principle do you proceed, fathers? Assuredly not upon any law that ever was enacted either by God or man—on nothing, indeed, but this extraordinary reasoning: “The laws,” say you, “permit us to defend ourselves against robbers, and to repel force by force; self-defence, therefore, being permitted, it follows that murder, without which self-defence is often impracticable, may be considered as permitted also.”