It is false, fathers, that because self-defence is allowed, murder may be allowed also. This barbarous method of self-vindication lies at the root of all your errors, and has been justly stigmatized by the Faculty of Louvain, in their censure of the doctrine of your friend Father Lamy, as “a murderous defence—defensio occisiva.” I maintain that the laws recognize such a wide difference between murder and self-defence, that in those very cases in which the latter is sanctioned, they have made a provision against murder, when the person is in no danger of his life. Read the words, fathers, as they run in the same passage of Cujas: “It is lawful to repulse the person who comes to invade our property; but we are not permitted to kill him.” And again: “If any should threaten to strike us, and not to deprive us of life, it is quite allowable to repulse him; but it is against all law to put him to death.”
Who, then, has given you a right to say, as Molina, Reginald, Filiutius, Escobar, Lessius, and others among you, have said, “that it is lawful to kill the man who offers to strike us a blow?” or, “that it is lawful to take the life of one who means to insult us, by the common consent of all the casuists,” as Lessius says. By what authority do you, who are mere private individuals, confer upon other private individuals, not excepting clergymen, this right of killing and slaying? And how dare you usurp the power of life and death, which belongs essentially to none but God, and which is the most glorious mark of sovereign authority? These are the points that demand explanation; and yet you conceive that you have furnished a triumphant reply to the whole, by simply remarking, in your thirteenth Imposture, “that the value for which Molina permits us to kill a thief, who flies without having done us any violence, is not so small as I have said, and that it must be a much larger sum than six ducats!” How extremely silly! Pray, fathers, where would you have the price to be fixed? At fifteen or sixteen ducats? Do not suppose that this will produce any abatement in my accusations. At all events, you cannot make it exceed the value of a horse; for Lessius is clearly of opinion, “that we may lawfully kill the thief that runs off with our horse.”[[258]] But I must tell you, moreover, that I was perfectly correct when I said that Molina estimates the value of the thief’s life at six ducats; and, if you will not take it upon my word, we shall refer it to an umpire, to whom you cannot object. The person whom I fix upon for this office is your own Father Reginald, who, in his explanation of the same passage of Molina (l. 28, n. 68), declares that “Molina there DETERMINES the sum for which it is not allowable to kill at three, or four, or five ducats.” And thus, fathers, I shall have Reginald in addition to Molina, to bear me out.
It will be equally easy for me to refute your fourteenth Imposture, touching Molina’s permission to “kill a thief who offers to rob us of a crown.” This palpable fact is attested by Escobar, who tells us “that Molina has regularly determined the sum for which it is lawful to take away life, at one crown.”[[259]] And all you have to lay to my charge in the fourteenth imposture is, that I have suppressed the last words of this passage, namely, “that in this matter every one ought to study the moderation of a just self-defence.” Why do you not complain that Escobar has also omitted to mention these words? But how little tact you have about you! You imagine that nobody understands what you mean by self-defence. Don’t we know that it is to employ “a murderous defence?” You would persuade us that Molina meant to say, that if a person, in defending his crown, finds himself in danger of his life, he is then at liberty to kill his assailant, in self-preservation. If that were true, fathers, why should Molina say in the same place, that “in this matter he was of a contrary judgment from Carrer and Bald,” who give permission to kill in self-preservation? I repeat, therefore, that his plain meaning is, that provided the person can save his crown without killing the thief, he ought not to kill him; but that, if he cannot secure his object without shedding blood, even though he should run no risk of his own life, as in the case of the robber being unarmed, he is permitted to take up arms and kill the man, in order to save his crown; and in so doing, according to him, the person does not transgress “the moderation of a just defence.” To show you that I am in the right, just allow him to explain himself: “One does not exceed the moderation of a just defence,” says he, “when he takes up arms against a thief who has none, or employs weapons which give him the advantage over his assailant. I know there are some who are of a contrary judgment; but I do not approve of their opinion, even in the external tribunal.”[[260]]
Thus, fathers, it is unquestionable that your authors have given permission to kill in defence of property and honor, though life should be perfectly free from danger. And it is upon the same principle that they authorize duelling, as I have shown by a great variety of passages from their writings, to which you have made no reply. You have animadverted in your writings only on a single passage taken from Father Layman, who sanctions the above practice, “when otherwise a person would be in danger of sacrificing his fortune or his honor;” and here you accuse me with having suppressed what he adds, “that such a case happens very rarely.” You astonish me, fathers: these are really curious impostures you charge me withal. You talk as if the question were, Whether that is a rare case? when the real question is, If, in such a case, duelling is lawful? These are two very different questions. Layman, in the quality of a casuist, ought to judge whether duelling is lawful in the case supposed; and he declares that it is. We can judge without his assistance, whether the case be a rare one; and we can tell him that it is a very ordinary one. Or, if you prefer the testimony of your good friend Diana, he will tell you that “the case is exceedingly common.”[[261]] But be it rare or not, and let it be granted that Layman follows in this the example of Navarre, a circumstance on which you lay so much stress, is it not shameful that he should consent to such an opinion as that, to preserve a false honor, it is lawful in conscience to accept of a challenge, in the face of the edicts of all Christian states, and of all the canons of the Church, while, in support of these diabolical maxims, you can produce neither laws, nor canons, nor authorities from Scripture, or from the fathers, nor the example of a single saint, nor, in short, anything but the following impious syllogism: “Honor is more than life: it is allowable to kill in defence of life; therefore it is allowable to kill in defence of honor!” What, fathers! because the depravity of men disposes them to prefer that factitious honor before the life which God hath given them to be devoted to his service, must they be permitted to murder one another for its preservation? To love that honor more than life, is in itself a heinous evil; and yet this vicious passion, which, when proposed as the end of our conduct, is enough to tarnish the holiest of actions, is considered by you capable of sanctifying the most criminal of them!
What a subversion of all principle is here, fathers! And who does not see to what atrocious excesses it may lead? It is obvious, indeed, that it will ultimately lead to the commission of murder for the most trifling things imaginable, when one’s honor is considered to be staked for their preservation—murder, I venture to say, even for an apple! You might complain of me, fathers, for drawing sanguinary inferences from your doctrine with a malicious intent, were I not fortunately supported by the authority of the grave Lessius, who makes the following observation, in number 68: “It is not allowable to take life for an article of small value, such as for a crown or for an apple—aut pro pomo—unless it would be deemed dishonorable to lose it. In this case, one may recover the article, and even, if necessary, kill the aggressor; for this is not so much defending one’s property as retrieving one’s honor.” This is plain speaking, fathers; and, just to crown your doctrine with a maxim which includes all the rest, allow me to quote the following from Father Hereau, who has taken it from Lessius: “The right of self-defence extends to whatever is necessary to protect ourselves from all injury.”
What strange consequences does this inhuman principle involve! and how imperative is the obligation laid upon all, and especially upon those in public stations, to set their face against it! Not the general good alone, but their own personal interest should engage them to see well to it; for the casuists of your school whom I have cited in my letters, extend their permissions to kill far enough to reach even them. Factious men, who dread the punishment of their outrages, which never appear to them in a criminal light, easily persuade themselves that they are the victims of violent oppression, and will be led to believe at the same time, “that the right of self-defence extends to whatever is necessary to protect themselves from all injury.” And thus, relieved from contending against the checks of conscience, which stifle the greater number of crimes at their birth, their only anxiety will be to surmount external obstacles.
I shall say no more on this subject, fathers; nor shall I dwell on the other murders, still more odious and important to governments, which you sanction, and of which Lessius, in common with many others of your authors, treats in the most unreserved manner.[[262]] It was to be wished that these horrible maxims had never found their way out of hell; and that the devil, who is their original author, had never discovered men sufficiently devoted to his will to publish them among Christians.[[263]]
From all that I have hitherto said, it is easy to judge what a contrariety there is betwixt the licentiousness of your opinions and the severity of civil laws, not even excepting those of heathens. How much more apparent must the contrast be with ecclesiastical laws, which must be incomparably more holy than any other, since it is the Church alone that knows and possesses the true holiness! Accordingly, this chaste spouse of the Son of God, who, in imitation of her heavenly husband, can shed her own blood for others, but never the blood of others for herself, entertains a horror at the crime of murder altogether singular, and proportioned to the peculiar illumination which God has vouchsafed to bestow upon her. She views man, not simply as man, but as the image of the God whom she adores. She feels for every one of the race a holy respect, which imparts to him, in her eyes, a venerable character, as redeemed by an infinite price, to be made the temple of the living God. And therefore she considers the death of a man, slain without the authority of his Maker, not as murder only, but as sacrilege, by which she is deprived of one of her members; for whether he be a believer or an unbeliever, she uniformly looks upon him, if not as one, at least as capable of becoming one, of her own children.[[264]]
Such, fathers, are the holy reasons which, ever since the time that God became man for the redemption of men, have rendered their condition an object of such consequence to the Church, that she uniformly punishes the crime of homicide, not only as destructive to them, but as one of the grossest outrages that can possibly be perpetrated against God. In proof of this I shall quote some examples, not from the idea that all the severities to which I refer ought to be kept up (for I am aware that the Church may alter the arrangement of such exterior discipline), but to demonstrate her immutable spirit upon this subject. The penances which she ordains for murder may differ according to the diversity of the times, but no change of time can ever effect an alteration of the horror with which she regards the crime itself.
For a long time the Church refused to be reconciled, till the very hour of death, to those who had been guilty of wilful murder, as those are to whom you give your sanction. The celebrated Council of Ancyra adjudged them to penance during their whole lifetime; and, subsequently, the Church deemed it an act of sufficient indulgence to reduce that term to a great many years. But, still more effectually to deter Christians from wilful murder, she has visited with most severe punishment even those acts which have been committed through inadvertence, as may be seen in St. Basil, in St. Gregory of Nyssen, and in the decretals of Popes Zachary and Alexander II. The canons quoted by Isaac, bishop of Langres (tr. 2. 13), “ordain seven years of penance for having killed another in self-defence.” And we find St. Hildebert, bishop of Mans, replying to Yves de Chartres, “that he was right in interdicting for life a priest who had, in self-defence, killed a robber with a stone.”