A Complete Body of Divinity, Sermons · 192 (Question 69 cont.)
SERMON CXCII.
Secondly, IN this Command alſo is forbidden the taking away of the Life of our Neighbour Unjuſtly. We obſerved. That the taking away of our own Life, is abſolutely and …ceptionably forbidden; but in reſpect of others, it is expreſſed Modally, and under a Li…tion, viz. It is not to be done Unjuſtly: And this tells us, that there may be a Juſt, and there may be an Unjuſt putting of Men to Death; ſo that the word Kill, by which the Prohibition in this Precept is expreſſed, is not to be taken in it's utmoſt Extent; and is therefore better rendred, Thou ſhall not Murder. In what Caſe it is warrantable, and ſometimes a Duty, to take away the Lives of others, was conſidered under the former Queſtion, viz. Either for Private Perſons, in Caſe of neceſſary Self-Defence; or for Civil Rulers, both in their p…ſhing of Capital Crimes, and in the making and purſuing of a juſt War
WE may now take a brief Account of the Reſpects wherein this may be done Unjuſtly, and that both in Reſpect of private Perſons, and of the Civil Power.
I. IN reſpect of private Perſons: Theſe may Act Unjuſtly in taking away their Neighbour's Life, more ſpecially in three Reſpects,
[1.] IN reſpect of Self-Defence. We obſerved the Limitation of this under the former; whence we may gather, that this Command is …ken, when Men are not put on it by una…idable. Neceſſity, or neglect ſuch Means as they might uſe to prevent it; either by run…ng themſelves purpoſely into the Danger, whereof they had a fair warning, and might have eſcaped it; or purſuing the Advantage to the Death of the Aggreſſor, when he might have ſaved himſelf on eaſier Terms, either by a ſafe Retreat, or by putting his Adverſary to …ght, or Diſabling him from accompliſhing … Attempt; and the Reaſon is, becauſe nothing but Neceſſity, will warrant a Private Sl…ghter, in which the Man Acts the part of Civil Authority, in his own Caſe: And doubtleſs there was Moral Equity in that Judicial Law, Exod. 22.2, 3. If a thief be found breaking up, and he be ſmitten that he die, there ſhall no blood be ſhed for him. If the ſun be riſen upon him, there ſhall be blood ſhed for him: for … ſhould make full reſtitution; if he have nothing, then he ſhall be ſold for his theft.
[2.] In reſpect of private Revenge. And here comes in the Caſe of private Duels which … a thing too much practis'd in the Chriſtian World and defended as a thing Noble and Hera…, by the He…ors of the World. As to publick …uels, when War is Commenced by two Nations, and the Iſſue is put upon the Com… at between two Champions, for preventing a more plentiful Effuſion of blood, and agreed upon between the adverſe Parties ſuch as that between David and Go…ah; I do not here undertake a Diſpute: Tho' weighty Caſuiſts defend the Negative; and tell us, That David's Example is not ordinarily …r…ſidential; and that if he had not been Extraordinarily called by God, had Sinned; telling us, that there is no Warrant from the Word of God, to ſubmit the Liberty of Slavery of a People to the Ordeall of a ſingle Perſon's Combating But the thing under conſideration is, Whether it be lawful for private Perſons to iſſue their perſonal Quarrels by the Sword; and accordingly to challenge each other into the Field; and that either without, or with the Permiſſion of the Civil Magiſtrate? And it is plumply Anſwered by all Judicious Caſuiſts, That it is a thing utterly Unlawful, in an Eſtabliſhed Government; nor can all the Pleas uſed in it's defence, Juſtify it: And the Light of Nature bears witneſs againſt it; and therefore the moſt of Chriſtianized Governments, have made ſevere Edicts againſt it. And there are mainly theſe Three Reaſons why it cannot be Lawful,
1. ALL private Revenge is forbidden in the Word of God. The very Heathen Moralliſts have declaimed againſt it in General, tho' in ſome Caſes they have allowed it: But the Word of God univerſally prohibits it, and requires the contrary; particularly and fully, Rom. 12.19, 20, 21. Dearly beloved, avenge not your ſelves, but rather give place unto wrath: for it is written, Vengeance is mine; I will repay, ſaith the Lord. Therefore if thine enemy hunger, feed him; if he thirſt, give him drink: for in ſo doing thou ſhalt heap coals of fire on his head. Be not overcome of evil, but overcome evil with good. And it is our Saviour's Precept, Matth. 5.44. Love your enemies, bleſs them that curſe you, do good to them that hate you, and pray for them which deſpitefully …ſe you, and perſecute you.
2. IT is a manifeſt Affront put upon Civil Authority. It ſubverts the Order of Government, which God hath ſet up in the World; who hath appointed the Magiſtrate to be His Miniſter, to do every Man Right; who is therefore to be applied to in all matters of Wrong done us by our Neighbour: Rom. 13.4. For he is a miniſter of God to thee for good. But if thou do that which is evil, be afraid; for he beareth not the ſword in vain: for he is the miniſter of God, a revenger to execute wrath upon him th… d…th evil. The very Town-Clerk of E… ſus could give ſuch Advice to Demetrius and his Tumultuary Accomplices, Acts 19.38. If Demetrius, and the crafts-men which are with him, h… matter againſt any man, the law is open, and there are deputies; let them implead one another. Nor is it enough to ſay, I cannot get my Right at the hand of the Magistrate, either for want of Legal Proof or by reaſon of Proſ…polepſ…. For in ſuch Caſes we are bo…nd as … …ave it to God, w…s the … of all … and to whom Recompenſe belongs … appointed an Appeal to him by …, Pſal. …. 1, 2.10.14.
3. IT is no p…o…er way to vindicate our own …ency, and convince our Adverſary of his In…rtouſneſs. God hath not made this to he an infallible Rule of determining the Queſtion, on whoſe ſide the Equity of the Cauſe is to be determined, in this World: Might may prevail over Right; the Innocent may be cruſhed, and the Wrong-doer be too hard for him: The Conqueſt Sword is not the Arbiter of the Innocency of the one, and Guilt of the other; Nor hath God put His Providence under our Command; and for us to make it the Umpire of Right and Wrong, is daring Arrogance: We are therefore told in, Eccl. 9.2. & 8.14. There is a vanity which is done upon the earth, that there be juſt men unto whom it happeneth according to the work of the wicked: again, there be wicked men to whom is happeneth according to the work of the right…: I ſaid, that this alſo is verity.
[3.] IN reſpect of the Execution of the Command of Superiours. There is a lawful Authority who are to be Obeyed in their lawful Commands; but every Subject hath a Judgment of Conſcience, which is immediately ſubject to God; and it ought not to break any of His Commands under pretence of Obedience unto Men. It is true, There are ander-Officers who are to Execute the Sentence of the Judges upon Capital Offenders; nor are they bound always to examine into the Juſtice of the Sentence, or are capable of Judging it critically, it being above them: Nevertheleſs, If they are in Conſcience convinced, that the Sentence is Unjust, they ought to wave it, if they would not bring Guilt on themſelves. Nor was I ever convinced of the force of the Diſtinction which ſome have found, out, viz. That a Man may do a thing upon a publick Conſcience, when his private Conſcience tells him, that it is Sin. I am ſure, that when Soul paſt an Unjuſt Sentence on the Prieſts, and commanded his Foot-men to Execute it, they with one Conſent refuſed it; nor did God fault them for their ſo doing, 1 Sam. 22.17. But beſides this, There are ſometimes the private Commands of Men in Authority, given to their Subjects, for the taking away of the Lives of ſuch whom they would have cut off, to gratify their own Wills; nor will the Sin terminate in him who doth Unjuſtly Command ſuch an Act. Doubtleſs as David was Guilty of the Murder of Uri…h, ſo was Joah too; nor could his Lord's Injunction render him Innocent, any more than Do…g's Murder of the Prieſts upon Sa… 's Command, for which he is awfully Condemned, Pſal. 52. Nor did Jonathan Sin againſt his Father's Authority, who bad him to Kill David, when he uſed all endeavours to Preſerve him; b…t did indeed prove himſelf to be a moſt Kind Son, and a faithful Subject. And the reaſon of this is, becauſe God is to be Obeyed; and where we cannot Execute the Commands of Men, without Tranſgre…ng a plain Precept of God, it is enough that we patiently S…, if they vent then Rage againſt us for it … And certainly when ſuch Commands are given, its enough and a Duty to re…ly upon them, as the Apoſ… … to the Jewiſh Counſ…l, Acts 4.19. Whether it … got in the ſight of God, to hearken … y… m…re than unto God, judge ye.
II IN reſpect of Publick Perſons. And here we obſerved, that the Lives of Men may Juſtly be taken away by ſuch in T…o reſpects, …. In the Adminiſtration of …, Juſtice, and in the Proſecution of War. Nevertheleſs, In both of theſe regards, there may be a Violation of this Command, and an Unjuſt taking away of Life, …r at leaſt Injuſtice done in the Ma…er and Circumſtances of the thing: And theſe may be conſidered ſeverally.
[1.] IN the Adminiſtration of Civil Juſtice. And this may be done;
1. IN the Execution of Unjuſt Laws. That ſuch Laws have de fa… been Enacted, is certain: Hence that, Pſal. 94.20. Shall the throne of iniquity have fellowſhip with thee, which … meth miſchief by a law? For Men then who … on ſeats of Judgment, to Arraign, Try and Condemn any to Dye on ſuch Laws, upon pretence that they are Laws, and yet are in their Conſciences perſwaded that the Law on which they proceed, is Unjuſt; they do knowingly ſhed Innocent Blood, which God hath forbidden then, nor can any Human Authority in the World Excuſe them. God is not to be Diſobeyed, under a pretext of Obeying Men.
2. IN the undue Neglect of th… Execution of Ju…t Laws. The doing of Juſtice on Capital Offenders, is a way to prevent the Licentiouſneſs of bold Tranſgreſſors, which is by Connivance Encouraged. Beſides, It as certain, that where ſuch Sins are not duely born witneſs againſt, Guilt is thereby brought on a Land, which opens a Door to waſting Judgments, by which many fall, whoſe Blood will be required at the hands of theſe.
3. WHEN Life is taken away on the Deficiency of Juſt Proofs. God would have Judges tender of Life, and therefore requires that the thing be certain, and that there be Legal Proof brought to confirm it. It is not ſufficient to be Morally perſwaded of the thing: And tho' a Man be really Guilty before God, yet if he be not ſo at Man's Tribunal, though there be ſtrong Preſumptions, he ought not to Die by the ha…d of Civil Juſtice: Deut. 13.14. Then ſhalt thou euquire and make ſearch, and ask d…gently— Innocent Blood may elſe be ſhed, which will cry to God for Vengeance.
4. WHEN it is done on the Revival of … Obſol…te Law, in a particular Caſe. There are ſome Capital Caſes made ſo by Circumſtances, for which a Law is made, which altho' it is not Repealed, yet it hath in Courſe been Neglected and commonly Tranſgreſſed without any Proſecution of the Tranſgreſſors; but when ſome particular Perſon is Proſecuted to Death on the ſame Law, there being no other Advantage againſt him, and his Life is taken away on that Account, it muſt needs be Partie…y, and argue a perſ… … which is a… j… reſpect of Perſons, and the Law it …ll ss practically Ant…quated; and yet there have been too many ſuch Inſtances among Men.
5. WHEN it is done for the gratification of a private Rev…. It is the Duty of Civil Judges, … to aim at the Glory of God, and the Publick Good, in all their Adminiſtrations; and do nothing to gratify their own Luſts: And tho' Juſtice be done on ſuch as legally deſe…e to Die; yet if it be purſued with a revenge… Spirit, to pleaſe their own Malice, it is Murder before God, who Judgeth of the Heart: M…ch more, if they would not other… have done it, in real Love to Juſtice: And tho' Men may Commend them for their Juſtice, yet God will call them to an Account for their Blood-Thirſty Revenge, which he hath forbidden, as before obſerved.
6. WHEN it is Executed after a…ruel manner. True, there are more ſevere Executions aboved to be …one upon the more Enormous Offenders, to put a Terror upon others: But yet there is a Cruelty which may be, and too often hath been uſed towards Men, and many Tortures devi…ed to put Men to an intollerable and lingring Death, which are directly contrary to Humanity, and muſt come under the Comprehenſion of this Command.
[2.] IN the Proſecution of War. We have before of ſerved that this Precept doth not deny the lawfulneſs of a War upon juſt Occaſions; yea, the neceſſity of it, by reaſon of the Perverſeneſs of Mankind ſince the Fall: But this alſo may become Murder on a double account;
1. WHEN the War it ſelf is Unj…t. And this can hardly be otherwiſe, at leaſt on one part; and is ſo too frequently on both. We read of ſome, that delights in War. Pſal. 63.30. Theſe will be always making Broils, and in…ſing one another to Contentions, inſtead of r…ding the Occaſions, and endeavouring to …move them, with a Condeſcending Spirit. …e, Am…ition after Sovereignty, Covetouſneſs and Envy, do often ſtir up the Hearts of Men, is gratify them; by which they ſet Nations in a Flam; and Sacrifice a multitude of Lives to their unr…ly Luſts; Jam. 4.1. From w…ence one …ars an… fightings among you? come they in hence, even of your luſts, that war in your …rs? And doubtleſs, War is ever Un…ſt on the part of theſe who do either Oppreſs their Neighbours without Cauſe or refuſe to comply with fair Terms o… which Differences might be compoſed, or raſhly run themſelves into it, without due Deliberation, contrary to that Precept Prov. 24.6. by …ſe …nſel thou ſhalt make war. And the Guilt of all the … that is ſhed on both ſides, will ly … the door of ſuch.
2. WHEN a Juſt War is purſued Unjustly. There are not only the Ru…es of making War, but alſo of the proſecution of it; which, …f neglected, will contradict the Laws of Humanity. … is an Obſervation, that in War Laws ceaſe, or are not regarded; but it is certain, that the Goodneſs of War is in it's being of uſe for the bringing of Mankind into-Order, and laying a … …llity: When t…ſ…re it is … in pl…able Spirit, and acted with by … and ba…bar…us Anger, laying aſide all Pity: and when the S…d is draw, the … away the Scabbard, giving no Quarter, … indiſcriminately ſparing neither Age not Sex, it muſt neceſſarily turn Men into T…gers. and w…ſe than …o… And tho' it be a righteous Judgment of God upon a ſinful World, yet it will …o… …x…ſe the Actors of it from the Guilt of ſtupendous Wickedneſs: It was therefore a C…arge …il upon the Iſraelites by the Prophet in 2 Chron. 2….9. Beh…ld, becauſe the Lord God of your fathers was wr…th with fa…h, be hath de…cre… them into your hand, and ye have ſlain them in … that reacheth up unto heaven. Iſa. 27.6.
Thirdly. THIS Command alſo forbids, whatſ…ver hath atenden…, to th…ſ… taking away of Life. And this is applicable both in reſpect to our ſelves and of …s. And we former…y obſerve…, that in every Precept, there is a regard had to the … …ſions, as well as to the thing it … As we are not to Murder ſo we are … to do that which hath a rational tendency to the accompliſhing of it.
…ERE then we may be Guilty;
(1.) IN reſpect to our ſelves.
1. BY Expoſin… of our Lives to un-neceſſary H…ds. When there is Danger in ſu… an Attempt, and it will be a wonder if we eſcape it, and we have no Call in the Providence of God to run the Riſque, but in vain Oftentation and fool-hardineſs we undertake it, we dare God to leave us to Periſh in it; we are ſo far Guilty of Se…f Murder: Chriſt himſelf had been ſo, if He had hearkened to the Temptation and thrown himſelf down from the Pin…acle of the Temple. Hence He ſaith, Matth. 4.7 It is written, Thou ſhalt not tempt the Lord thy God.
2. WILFUL or Careleſs Neglect of Food or …uyſi…. Man's Life indeed depends upon God; but His M…d…te Providence is to be ſerved, in which He hath, (under Him,) made our Life dependent on Second Cauſes: To refuſe therefore theſe Means, is to reſolve to Deſtroy ourſelves: and to neglect them, is a degree towards it, ſince God hath made it our Duty to take Care for our Life.
3. EX…ESS in M…ats or Drinks. As theſe are given us for the Su…port of our Lives, which is to be done in a moderate uſe of them; Exceſs or Intemperance is not only an Abuſe of the Creature, by which we diſhonour God, who is the Donor of theſe things, but it is deſtructive to the Health brings …aladies with it, which tends to haſten Death; and how many are there which ſhorten their Days by ſuch Mea…s, which might alſo in the ordinary Courſe of Providence have been lengthned out to … Age A little Wine may be good for the Health, but the m…ch is ſubverſive of it, and the loſs of Health is a degree of Death.
4. BY immoderate Care and …els. Theſe both take away the Comfort of Life, which is the Life of it, and alſo do waſt the Spirits and ſo bring ſome conſuming Liſtempers upon the Holy, which make way for … …a…ly Diſſ… … the Man is next to Dead whilſt he Lives, and in … w…h Dye the ſooner for it. Prov. 1….22. A… seaſp… …eth …. Beſides, Thoſe Diſcontents have a Temptation in them, and give S…ti… Advantage to fill the Man with Black and Murderous Thoughts, which will precipitate him to deſperate Attempts, if not preverted.
(2.) IN reſpect to others, viz.
1. BY all a…i…e Anger. Our Saviour makes this to be a plain Breach of the Sixth Command, Matth. 5.21, 22. …e have heard that it was ſaid by them of old time, Thou ſhalt not kill: and whoſoever ſhall kill, ſhall be in danger of the judg…: But I ſay unto you, that whoſoever is angry with his brother without a cauſe, ſhall be in danger of the judgment. There is u…lawful Anger, it being of the Affections, which God hath put into Humane Nature, by which we are made capable of a due Reſentment of Injuries, and bear a due Teſtimony againſt that which is Evil; but it ought to have its Limits, elſe it will render us Criminal: Hence we have that Limitation, Eph. 4.26. Be ye angry and ſin not: let not they ſun go down upon your wrath. Yea, Actual Murder hath its riſe from this Paſſion, when it is acted beyond it's Bounds; and the apprehenſion of Wrong puts us upon taking Revenge: And it is certain, that this Paſſion if not well guarded, will eaſily grow into a Paroxiſrs, and lead us to do miſchief: How much more then, when it is grown into Ma…ice, and fixeth it ſelf in Hatred, which makes us to ſeek Advantage of Harming our Neighbour: A Murderous Heart will make us to employ our Hands, in the executing of it's Bloody Muſings.
2. BY ſhutting up all Bowels of Compaſſion from them in their Neceſſities. To refuſe them Succour in their Diſtreſs; but ſuffering them to Periſh, rather than lend them an helping Hand; whether it be by not ſupplying their Wants, without which they muſt needs Famiſh; or not ſuccouring them in their Dangers, (for want whereof they loſe their Lives,) when this is in the power of our Hands. He that doth not do his Duty towards preſerving of his Neighbour's Life, is therein an acceſſory to his Death, and is liable to be Arraigned for it before God's Tribunal, being under the Breach of this Precept, Prov. 327. With-hold not good from them to whom it is due, when it is in the power of thine hand to do it.
3. By maintaining Quarrels & Contentions with our Neighbours. Man is made a Sociable Creature, and Neceſſity requires our Living together in this World, and holding Communion one with another: And it is by Love & Amity, that our Lives are rendred Comfortable in this Community. When therefore Neighbours are always in the Fire of Contention, falling out and Quarrelling upon every occaſion, it is deſtructive of the Comfort of Life, and makes it a Burden: And the Scripture frequently expreſſeth the Miſery of living ſuch a Life; and ſhe ſo expreſſed her ſelf in. Gen. 2….26. I am …ary … becauſe of the daughters of H…. Beſides, …mentions are a dangerous preliminary of Murders, by exciting of thoſe ſinful De…ires to …nd of ſuch an Adverſary, as have a tendency to p… us upon de…iling their Ruin: Hence that, God 5.15. If ye bite and devour one … beed that ye be not conſumed one of another.
4. BY rejoycing in the Calamity & De…r…tual … beſails their Neighbours. This alſo is Heart-Murder, and may convince the M…a what he would be at, if he were not under ſome Reſtraint: It belongs to Hu…ity to Compaſſionate another in his Miſery which befalls him; contrary to this, is the Joy and Triumph which Men are too apt to expreſs on ſuch an occaſion, which flows from a … Spirit, which rejoyceth in Evil; and the more Miſchief, the more matter of Sp…rt is afforded to him: Herein Men teſtify their Appr…b… of ſuch a thing; and that is diſpleaſ…ng to God, and He will ſome way or other Teſtify againſt it: Hence we have that in Prov. 17.5. He that is glad at calamities, ſhalt not go unpuniſhed.
5. BY all manner of Cruelty exerciſed towards others. If we fail our with others, and do not deſign to Kill them, yet if we that them Barbarouſly, it is Inhumanity; and ma… times it becomes a leading Cauſe of ſh…g their Lives. And here give me leave peculiarly to teſtify againſt the too frequent Practice of ſome, towards their Servants, both in with-holding from them their neceſſary Supports of Life, cruelly pinching both … and Back; and in the bruitiſh Severity uſed towards them in their haſtizements, pretending they are their Money, and claiming a deſpotical Power over them; and that they are to be treated as Beaſts: But know it, your Servants are of the ſame Order of Reaſonable Beings with your ſelves, have Souls precious, and have a liberty of Appeal to God from your Cruelty; and I can aſſure you, that He will Plead their Cauſe to your ſorrow: That made Job fearful, Job 31.13, 14, 15. If I…l deſpiſe the cauſe of my man-ſervants, or of …y maid-ſervant, when they contended with m…: what then ſhall I do when God riſeth up? and when be viſiteth, what ſhall I anſwer him? Did not be that made me in the womb, make him? and did not one faſhion us in the womb? Nor ought a Chriſtian to keep ſuch a Servant, as is not to be govern'd by Humanity. And I am ſure, ſuch Inhumanity as ſome exerciſe towards their Servants, is a blemiſh to their Profeſſion; and they do what in them lies to Ruin ſuch Servants both Body & Soul; and I would not have their Account to give another Day, when they ſhall ſtand upon even ground before their Judge.
USE. BE we then Exhorted and Excited to the Practice of this Duty of Humanity, and to avoid the contrary. There is no Second. Table-Duty more urged in the Word of God, or more ſevere Threatnings againſt the contrary. It is a Duty moſt Neceſſary; without … Human … m…ſt …eeds be Viſerable; and the Neglect of th…s Duty is moſt unnatural for even …rutes themſelves are tender of their kind: This Cruelty is an evidence of the want of natural Affection, and a very ſtrong Argument to prove that thoſe who are under the Power of it, are ſtrangers to the Love of God; as the Apoſtle argues. 1 Joh. 4 20. If a man ſay, I …ve God, and …eth his brother, he is a … for he that loveth not his brother whom he hath ſeen, … can he love God … not … And if we would preſerve our ſelves from the gr…ſt Murders, we muſt beware that we do not a…ow ourſelves in theſe things which have a natural tendency thereunto, l…ſt we provoke God to give us up to the Commiſſion …f thoſe Sins, of w…ich if we had before been told, we ſhould with Indignation have ſaid. Is thy ſervant a…? that he ſhould do this T…ing.
[OCTOBER 17. 1704.]