Part III (Secunda Secundae) Part 105 (1/2)
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THIRD ARTICLE [II-II, Q. 64, Art. 3]
Whether It Is Lawful for a Private Individual to Kill a Man Who Has Sinned?
Objection 1: It would seem lawful for a private individual to kill a man who has sinned. For nothing unlawful is commanded in the Divine law. Yet, on account of the sin of the molten calf, Moses commanded (Ex. 32:27): ”Let every man kill his brother, and friend, and neighbor.” Therefore it is lawful for private individuals to kill a sinner.
Obj. 2: Further, as stated above (A. 2, ad 3), man, on account of sin, is compared to the beasts. Now it is lawful for any private individual to kill a wild beast, especially if it be harmful.
Therefore for the same reason, it is lawful for any private individual to kill a man who has sinned.
Obj. 3: Further, a man, though a private individual, deserves praise for doing what is useful for the common good. Now the slaying of evildoers is useful for the common good, as stated above (A. 2).
Therefore it is deserving of praise if even private individuals kill evil-doers.
_On the contrary,_ Augustine says (De Civ. Dei i) [*Can. Quic.u.mque percut.i.t, caus. xxiii, qu. 8]: ”A man who, without exercising public authority, kills an evil-doer, shall be judged guilty of murder, and all the more, since he has dared to usurp a power which G.o.d has not given him.”
_I answer that,_ As stated above (A. 2), it is lawful to kill an evildoer in so far as it is directed to the welfare of the whole community, so that it belongs to him alone who has charge of the community's welfare. Thus it belongs to a physician to cut off a decayed limb, when he has been entrusted with the care of the health of the whole body. Now the care of the common good is entrusted to persons of rank having public authority: wherefore they alone, and not private individuals, can lawfully put evildoers to death.
Reply Obj. 1: The person by whose authority a thing is done really does the thing as Dionysius declares (Coel. Hier. iii). Hence according to Augustine (De Civ. Dei i, 21), ”He slays not who owes his service to one who commands him, even as a sword is merely the instrument to him that wields it.” Wherefore those who, at the Lord's command, slew their neighbors and friends, would seem not to have done this themselves, but rather He by whose authority they acted thus: just as a soldier slays the foe by the authority of his sovereign, and the executioner slays the robber by the authority of the judge.
Reply Obj. 2: A beast is by nature distinct from man, wherefore in the case of a wild beast there is no need for an authority to kill it; whereas, in the case of domestic animals, such authority is required, not for their sake, but on account of the owner's loss. On the other hand a man who has sinned is not by nature distinct from good men; hence a public authority is requisite in order to condemn him to death for the common good.
Reply Obj. 3: It is lawful for any private individual to do anything for the common good, provided it harm n.o.body: but if it be harmful to some other, it cannot be done, except by virtue of the judgment of the person to whom it pertains to decide what is to be taken from the parts for the welfare of the whole.
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FOURTH ARTICLE [II-II, Q. 64, Art. 4]
Whether It Is Lawful for Clerics to Kill Evil-doers?
Objection 1: It would seem lawful for clerics to kill evil-doers. For clerics especially should fulfil the precept of the Apostle (1 Cor.
4:16): ”Be ye followers of me as I also am of Christ,” whereby we are called upon to imitate G.o.d and His saints. Now the very G.o.d whom we wors.h.i.+p puts evildoers to death, according to Ps. 135:10, ”Who smote Egypt with their firstborn.” Again Moses made the Levites slay twenty-three thousand men on account of the wors.h.i.+p of the calf (Ex.
32), the priest Phinees slew the Israelite who went in to the woman of Madian (Num. 25), Samuel killed Agag king of Amalec (1 Kings 15), Elias slew the priests of Baal (3 Kings 18), Mathathias killed the man who went up to the altar to sacrifice (1 Mac. 2); and, in the New Testament, Peter killed Ananias and Saphira (Acts 5). Therefore it seems that even clerics may kill evil-doers.
Obj. 2: Further, spiritual power is greater than the secular and is more united to G.o.d. Now the secular power as ”G.o.d's minister”
lawfully puts evil-doers to death, according to Rom. 13:4. Much more therefore may clerics, who are G.o.d's ministers and have spiritual power, put evil-doers to death.
Obj. 3: Further, whosoever lawfully accepts an office, may lawfully exercise the functions of that office. Now it belongs to the princely office to slay evildoers, as stated above (A. 3). Therefore those clerics who are earthly princes may lawfully slay malefactors.
_On the contrary,_ It is written (1 Tim. 3:2, 3): ”It behooveth ...
a bishop to be without crime [*Vulg.: 'blameless.' 'Without crime' is the reading in t.i.t. 1:7] ... not given to wine, no striker.”
_I answer that,_ It is unlawful for clerics to kill, for two reasons.
First, because they are chosen for the ministry of the altar, whereon is represented the Pa.s.sion of Christ slain ”Who, when He was struck did not strike [Vulg.: 'When He suffered, He threatened not']” (1 Pet. 2:23). Therefore it becomes not clerics to strike or kill: for ministers should imitate their master, according to Ecclus. 10:2, ”As the judge of the people is himself, so also are his ministers.” The other reason is because clerics are entrusted with the ministry of the New Law, wherein no punishment of death or of bodily maiming is appointed: wherefore they should abstain from such things in order that they may be fitting ministers of the New Testament.
Reply Obj. 1: G.o.d works in all things without exception whatever is right, yet in each one according to its mode. Wherefore everyone should imitate G.o.d in that which is specially becoming to him. Hence, though G.o.d slays evildoers even corporally, it does not follow that all should imitate Him in this. As regards Peter, he did not put Ananias and Saphira to death by his own authority or with his own hand, but published their death sentence p.r.o.nounced by G.o.d. The Priests or Levites of the Old Testament were the ministers of the Old Law, which appointed corporal penalties, so that it was fitting for them to slay with their own hands.
Reply Obj. 2: The ministry of clerics is concerned with better things than corporal slayings, namely with things pertaining to spiritual welfare, and so it is not fitting for them to meddle with minor matters.
Reply Obj. 3: Ecclesiastical prelates accept the office of earthly princes, not that they may inflict capital punishment themselves, but that this may be carried into effect by others in virtue of their authority.
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