Propositions and Principles of Divinity Disputed, Section 35
PRINCIPLES VPONUPON THE SIXT COMMAVNDEMENT OF GODS LAVVE. XXXV.
1 SEeing that life giueth beeing vntounto mankinde, and that the commandements folowing, do appertain directlie vntounto the preſeruation thereof; this commaundement is juſtlie ſet downe in the firſt place; the reaſon wherof is three-foulde, meerely and directlie diuine, naturall, and politike.
2 Directlie diuine, becauſe, that ſeeing God is the onelie Authour and judge of mankinde: he ſinneth moſt greeuouſlie againſt the Majeſtie of God, whoſoeuer doth errogate vntounto him ſelfe the authoritie, to take away life from man.
3 Naturall, becauſe, that ſeeing nature doth deſire nothing more then the preſeruation of it ſelfe, he ſeemeth to bid battaile vntounto all humanitie: whoſoeuer goeth about to deſtroy the verie nature of man it ſelf, as far as in him lieth
4 Politicke, becauſe the other ſins of men againſt men, do but annoy the ſocietie of man, whereas murther dooth vtterlie deſtroy and abolliſh the ſame.
5 The ſlaughter of man onelyonly is heere forbidden.
The MANICHAES therefore doted, who thought that the vſe of thoſe things ar here prohibited, which we can not enjoy, except their liues be taken away from them.
6 Yet it is rightlie gathered, that all cruelty and ſauadgenes in ſhedding the blood, euen of beaſts is here forbidden.
7 He is not a manſlaier, vntounto whome the Lord hath giuen expreſſe authoritie ouer the life of man, either ordinarie, as vntounto Magiſtrates, or extraordinarie, as vntounto PHINIAS, SAMVEL, PETER, and generally vntounto all thoſe, whoſe ſeruice it pleaſeth his Majeſtie to vſe, for the puniſhment of ſome men, ſo that it be knowen vntounto them, that God hath ſet them a worke.
8 Yet extraordinary facts are not to be drawn vntounto examples.
9 Magiſtrates are ſo bound to reuenge wilful murther, as they neither can, nor ought to pardon their liues.
The Anabaptiſts therefore are intolerable, who take away that power from the Magiſtrate: and they are alſo greatlie to be reprehended, who contrarie vntounto al right and equitie, woulde perſwade men, that the ſuperiour Magiſtrates hauehave power to pardon wilfull murther.
10 The Magiſtrate is bound to defend his people againſt all Domeſticall enemies of the publick peace, and alſo, to ſaue them from the violence of forraine foes, euen by force of armes, if necesſitie compell him.
It is then a moſt groſſe error, and moſt pernicious vntounto mankinde, to holde, that all warres are vnlawefull vntounto Chriſtians.
11 Seeing that the eſpeciall bande of publicke peace, is the agreement in the true worſhip of God, the Magiſtrate is alſo the maintainer of the firſt Table, againſt thoſe that are manifeſtlie impious, againſt heretiks that are condemned of their owne ſelues, and all ſuch as are the violators of the publick peace of the Church.
12 This can bee no buckler to the vnjuſt perſecutions, either of the Papiſtes or of anie other againſt the Church, which are alwaies likelie moſt vnjuſt, both in reſpect of the matter it ſelf, and alſo of their forme of proceeding.
13 They are to be accounted wilfull murtherers, which hauehave had a purpoſe of killing, either long before, or vponupon ſome ſodain paſsion of their minde. Yea, and thoſe alſo, who not purpoſing directlie to murther, do yet in the heat of their anger ſo hurt their neighbour, as death followeth thereupon, neither can drunkennes excuſe murther.
14 Slaughter meerelie committed at vnawares: namelie, wherein it appeareth that there was no purpoſe of hurt, is not contained within this Lawe: yet notwithſtanding this kinde of fact requireth ſome clearing, and a forme of diſcharge from the guiltineſſe of the fact: both that hee who hath done the deede, may be ſafe from the kinſ-men and friends of him that is ſlaine: and alſo that men may eueryevery way learne to deteſt murther.
15 If it be not lawfull for a man to ſlay his neighbour, much more is it vnlawfull for him to kill himſelf.
16 Seeing the Lawe is ſpirituall that is, dooth not reſpect the outward fact onelie, but alſo the verie conſcience this inhibition reacheth farther before God his tribunal, than before mans judgement ſeat. Therefore they onelye are not guiltie of the breach of this precept, who hauehave in deed ſhed the blood of their neighbour, or hurt his body, but euen thoſe that hauehave but once thought of the ſlaughter of their brother, thogh their wil conſented not therto.
17 Yea, and the very affections themſelues, that would carie vsus vntounto ſlaughter, if they were not reſtrained, are accounted for no better then murther in the preſēce of God, & of this ſort, euen by the teſtimony of our Sauiour Chriſt himſelf, is anger any wiſe vttered, hard ſpeeches, or the hatred conceaued againſt our neighbour.
Defended by IOSIAS DORTELLIVS Caſtridunenſis.