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 honour 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 daytime, 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.
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." 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?
