Doubt — Bontempi, Palladium Theologicum V · from Schola Thomistica

Doubt II: Whether one who is attacked is bound in some case to kill the aggressor

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1.

We have seen that in some case it is lawful: it must now be seen whether at some time it is commanded.

2.

The Doctors commonly assert that ordinarily the one assailed is bound to defend his life, and if he cannot otherwise protect it, he is bound to kill the assailant. So Farinac. T. 4. quaest. 125. de homicid. tit. 14. Paulus de Castro in l. utim. ff. de Iust. et iure, Salon. ibi, num. 15. Iacobus Ayrerius tract. de homicidii necessitate, p. 1. num. 395. Fagundez in quintum praeceptum Decald. 5. cap. 3.

3.

It is proved by all from a reason taken from D. Bonav. in 3. dist. 29. quaest. 4. for the order of charity is, that we prefer our own life to the life of our neighbor: Therefore he gravely sins who allows his own life to perish by the sword, as he who, outside this comparison, would allow the life of his neighbor to perish.

4.

Yet they allege some causes on account of which the one assailed could allow himself to be killed. First, if he is in his conscience without mortal sin; but the invader is in mortal sin. But this reason is almost always supposed in the assailant: for if he is an unjust invader, he is unjust, and in sin. Second, if the invader be a person necessary to the Republic.

5.

Diana, however, p. 5. Tract. 4. resol. 14. seems not to admit universally that the one assailed is bound by the law of the order of charity to kill the assailant, but only if the one assailed himself be a Prince, or necessary to the Republic, or to his family. The same is held by Soto de Iustitia, l. 5. quaest. 1. art. 8. Sylvius 1. 2. quaest. 64. art. 7. and there likewise Aragon, and others with Bassaeo, v. Homicid. 1. num. 14.