Doubt I: Whether it is lawful to kill someone to preserve one's honor, rather than flee

The Seraphic Doctor, in serm. 6. de decem praeceptis, speaks thus. But if he be a homicide from necessity, this is twofold: either from inevitable, or from avoidable necessity: Avoidable necessity is, if I can escape, but I decline to do so on account of shame, or another cause, and in that case he is excused from so much, but not from all: because it would be better that he flee.

Then he adds: But if there be inevitable necessity, that a man kill another man, not out of love of vengeance, but out of love of the conservation of life and soul, so that he do not kill him out of cruelty, but that he impede him, lest he lose his life and his soul, provided this be done with the moderation of blameless defense, this has been granted even to persons in a state of perfection, not only to those in an imperfect state. And this he says August. lib. 1. de libero arbitrio, and he is excused from so much, and from all. So S. Bonav. There S. August. cap. 5. being asked: Whether it were lawful to kill an invader of life, chastity, and goods. He answered, that it is lawful on account of life and chastity; the rest he omits.

From these things, attentively read through, you have that, solely on account of saving life or soul, it is lawful, according to D. Bonavent., to kill another; and further, that no person whatsoever is to be excused, if he weigh flight so highly, or any other disgrace, that to flee these he kills.

This opinion they defend: Sylvius 2. 2. q. 64. art. 7. quaeritur 9. Bisfeldius in com. de iniur. et damno, cap. 1. quaest. 5. concl. 8. Bolognetus in l. Ut vim, num. 42. ff. de Iustitia, et iure, Baldus l. 4. consil. 312. and others. You have very many reasons in Sylvius, of which the eminent one is that of D. Bonav. loc. cit. arguing from the Religious and Episcopal state, that it is not lawful for any Christian whatsoever to defend honor in this way. A Christian man, a Bishop, or Religious is bound to flee, if he can, and it is not lawful to kill the assailant, because the Religion of Christ requires this; but a Christian at last pledges the worship of Christ in Baptism, renouncing all the pomps of Satan. This argument terrifies those saying that it is lawful for a noble Christian; not for a plebeian, or Cleric, or Religious, as Bass. num. 22. holds, excluding plebeians, and num. 26. Clerics, etc., with Diana p. 5. tract. 4. resol. 49. Lessio lib. 2. cap. 9. num. 86. and others; who say that this is lawful to a Christian; Bassaeus indeed so holds num. 2. Less. dub. 12. num. 77. Diana p. 3. tract. 5. miscell. resol. 90. Add Petr. Navar. l. 2. cap. 36. num. 389. and others.

I press upon the man himself. That which is of the law of nature pertains to all indispensably: But to kill the one committing injustice does not pertain to plebeians, Clerics, or Religious according to you: Therefore deservedly Andreas Gail. observat. 100. num. 8. says, of those saying the opposite, that they teach politically rather than Christianly.

This utterance, however, Diana cries out is immodest resol. 9. following the opposite opinion, alleging both Nauarros, Valencia, Bannes, Salonius, Aragon, whom he cites and follows Tanner. T. 3. disp. 4. quaest. 8. dub. 4. num. 7. Turrianum 2. 2. T. 2. disp. 28. dub. 5. Escobar. p. 1. de puritate, et nobilitate probanda, quaest. 1. §. 8. num. 13. Azorium Tom. 3. lib. 2. cap. 1. quaestio 14. Molinam tomo 4. tract. 3. disput. 17. Sotum de iustitia, quaest. 1. num. 8. Nauar. man. cap. 15. Gomez Tom. 3. variarum resol. cap. 3. num. 23. and says it is the common opinion.

The same opinion Fagundez upholds in 5. praeceptum, cap. 3. adducing Lessium Tom. 1. l. 2. dub. 11. num. 66. Farinacius with many others cited by him T. 4. quaest. 125. de homicid. tit. 14. num. 41. Salomonem in repetit. Legis, ut vim, ff. de Iusticia, et iure. Bouër. decis. 168. Toletum l. 5. summa, cap. 6. Ananiam in cap. suscepimus, de homicid. Sylvest. verbo homicid. 1. quaest. 15. Iulium Clarum l. 5. sent. §. Homicid. num. 26. Bartholum l. 1. num. 8. C. Unde vi. Angelum in l. Is qui aggressor, C. de sicaer. where he says this is the common practice of the world; add Petrum Navarrum l. 2. de restit. cap. 3. num. 16.

Hence some of those alleged infer that it is lawful for a noble secular man to kill one who insults him, who wishes to strike him with a cudgel, or a blow of the hand, if he cannot otherwise avoid the ignominious blow; a bloody dogma indeed, and worthy that on its account several Pontiffs have hurled various excommunications.

Diana agglomerates many with these p. 1. Tract. 15. resol. 15. saying it is lawful, after a blow of the hand, a cudgel, or a wound has been dealt, to pursue the fugitive and kill him: Navar. Man. cap. 14. num. 4. Petrum Navar. de restit. l. 2. cap. 3. num. 382. Victoriam de Iure belli, quaest. 2. num. 5. Henriquez sum. lib. 14. cap. 10. num. 3. who adduces others, Fernandez in Exam. p. 1. cap. 9. §. 1. the same Diana upholds p. 5. Tract. 4. resol. 11. adducing moreover Merchantium in summa resol. Pastor. ad decal. cap. 5. quaest. 3. casu 3. Fabrum in 4. dist. 15. disp. 52. cap. 1. num. 29.

Against these, however, they set themselves in a crowded column after D. Bonav. loc. cit. Ioannes de la Cruz in Direct. p. 2. praecept. 5. dub. 6. Tolet. l. 2. cap. 6. man. 16. Rodriquez 41. cap. 135. num. 11. Turrian. 2. 2. quaest. 27. dub. 3. citing Bannes and Sotus. Salon. 2. 2. quaest. 64. art. 7. cont. 2. Malder. 2. 2. tract. 3. cap. 1. dub. 14. and others.

From the adversaria others advance, saying it is lawful to kill the one offering contumely, when that injury cannot otherwise be warded off. So Escobar. p. 1. de puritate, et nobil. quaest. 1. gloss. 4. num. 14. Petr. Navar. de restit. l. 2. cap. 3. num. 376. et Henricus Strouersdorf. de Iustitia, et iure, in 2. 2. quaest. 64. art. 7. Baldell. in Theol. Mor. l. 3. disp. 24. num. 24.

Diana reproves this, however resol. 12. loc. cit. Hurtad. 2. 2. disp. 170. sect. 15. §. 123. Petrus Binfeldius de iniur. cap. 1. quaest. 9. Molfes. tom. 1. tract. 11. cap. 19. num. 74. Lessius l. 2. cap. 9. dub. 13. num. 78. Filliuc. tom. 2. tract 29. cap. 3. num. 49. Azor. t. 3. l. 2. cap. 1. quaestio 17. Bassaeus num 23. but coldly.

Hence the opinion of Strouersdorf is rather refuted, that one can be killed who says to a man of honor: you lie, since Diana carps at it Resol. 13. Bass. num. 23. indeed by killing you do not prove yourself truthful. But when it is lawful for the one insulted to say: you lie. See Hurt. t. 2. t. 2. disp. 70. sect. 14. num. 116. Culpatium in casu 13. militari. Bass. num. 17. adds that by fleeing, not to be admitted in practice, it is lawful to kill one accusing him before a judge; Nay, condemned by Alexandr. VII. 1665. 14. Sept. Bass. num. 17. and 24. brings the authorities.

We must now fight for the true opinion of the Seraphic Doctor. Now the Law of Christ is that which we have professed in baptism, renouncing Satan and all his works and pomps. For the Law of Christ teaches, Matth. 5. Whoever shall strike you on one cheek, turn to him the other also. And therefore Christ, Ioan. 18. received the blow, and did not avenge it. And Ioan. 8. he heard: You have a devil. But he could justly have avenged it. Where Chrysostom, homil. 82. in Ioan.: You shudder at heaven; endure on earth the outrage of the mind. The Creator of the world, the eternal Son of God, received the blow, and a servant gave it, who was worthy of every punishment, namely either to be burned with heavenly fire, or swallowed by the opening earth, or seized by a demon and whirled about. And S. August. adds, tract. 113. And yet he who by his power could command, by whom the world was made, chose rather to teach patience. And asking why he did not offer the other cheek, according to the precept, Matth. 5., he says: By this he rather showed what was to be shown, namely that his great precepts of patience are to be performed not by ostentation of the body, but by preparation of the heart. And the same S. August. epist. 5. ad Marcellinum, says that those precepts about offering the cheek, etc. pertain more to the preparation of the heart than to the work. All this S. Bonaventura pursues on 18. Ioannis.

And on 6. Lucae at those words: Et qui te percusserit in maxillam unam, praebe illi et alteram the Holy Doctor observes that the cheek is put for the nobler part of the body, which, when struck, receives the gravest injury; and he notes that Christ commanded patience by precept, according to that Deuter. 31. Vengeance is mine, and I will repay, saith the Lord. And therefore the Apostle, Rom. 12. Not defending yourselves, most beloved, but give place unto wrath. Therefore Matth. 18. he commands: If thy brother shall sin against thee, go, and rebuke him between thee and him alone. Whence it follows that correction is to be made; therefore S. August. serm. 10. de verbis Domini: If you suffer an injury, and are silent, and do not rebuke your neighbor, you sin more by neglecting than he by afflicting.

The same the Holy Doctor proves on 6. Lucae at those words: Qua mensura mensi fueritis, remetietur vobis, namely by harming, according to that Apoc. 18. As much as she hath glorified herself, and lived in delights; so much torment and sorrow give ye to her. And Iohel. 3. Speedily and swiftly will I repay your recompense upon your own heads.

Therefore there he observes that protestation of Christ: Forgive, and you shall be forgiven. Otherwise the prayer is not wholesome: Forgive us our debts, etc. For if you will not forgive men, neither will your father forgive you your sins. And therefore Eccles. 28. Forgive your neighbor that hath hurt thee: and then thy sins shall be forgiven thee when thou prayest. This is the Law of honor, which we Christians profess.

From which you have that this is true not of Clerics and Religious alone; concerning whom indeed the Doctors commonly assert that they are bound to take flight, as Fagundez reports lib. 5. cap. 7. num. 9. but this Law has been given to all Christians. Wherefore with a Christian diploma Alexander VII. decreed that no one, under pain of excommunication reserved to the Supreme Pontiff, teach that a man of knightly rank can accept a duel, lest he incur the note of timidity, certainly by fleeing, or refusing, as you have it proved, in the tome immediately preceding disp. 17. q. 10. sect. 1.

But the little argument, which Diana brings from so many of the great¹, taken from the lesser: It is lawful to kill a thief in defense of one's goods: Therefore also of honor, which is greater, the invader; This is ground to powder by the rubbing of fingers, for the Antecedent is denied with very many, as I shall presently show it must be denied. ¹ N. Editor's note: the print reads 'ex tot proceribus bus assert Diana', with a duplicated 'bus' (print error); rendered without it.

Hence Bassaeus ill says, v. Homic. 1. num. 11. that it is lawful to kill even one who injures in honor.