Chapter 21.—Of the Cases in Which
We May Put Men to Death Without Incurring the Guilt of
Murder.
However, there are some exceptions
made by the divine authority to its own law, that men may not be
put to death. These exceptions are of two kinds, being justified
either by a general law, or by a special commission granted for a
time to some individual. And in this latter case, he to whom
authority is delegated, and who is but the sword in the hand of him
who uses it, is not himself responsible for the death he deals.
And, accordingly, they who have waged war in obedience to the
divine command, or in conformity with His laws, have represented in
their persons the public justice or the wisdom of government, and
in this capacity have put to death wicked men; such persons have by
no means violated the commandment, “Thou shalt not kill.”
Abraham indeed was not merely deemed guiltless of cruelty, but was
even applauded for his piety, because he was ready to slay his son
in obedience to God, not to his own passion. And it is reasonably
enough made a question, whether we are to esteem it to have been in
compliance with a command of God that Jephthah killed his daughter,
because she met him when he had vowed that he would sacrifice to
God whatever first met him as he returned victorious from battle.
Samson, too, who drew down the house on himself and his foes
together, is justified only on this ground, that the Spirit who
wrought wonders by him had given him secret instructions to do
this. With the exception, then, of these two classes of cases,
which are justified either by a just law that applies generally, or
by a special intimation from God Himself, the fountain of all
justice, whoever kills a man, either himself or another, is
implicated in the guilt of murder.