A Christian Directory, Part 4: Christian PoliticsBaxter, Richard
Religion
A Christian Directory, Part 4: Christian Politics
Baxter, Richard
Casuistry; Christian sociology
6. And between what I do in mere defence, and what I do to bring a
thief or robber unto legal punishment. And so I answer,
_Prop._ I. You may not defend your purse, or your estate, by such
actions, as the law of the land forbiddeth; (unless it go against the
law of God;) because it is to be supposed, that it is better a man's
estate or purse be lost, than law and public order violated.
_Prop._ II. You may not (against an ordinary thief or robber) defend
your purse with the probable hazard of his life, if a few good words,
or other safe and gentle means, which you have opportunity to use, be
like to serve turn without such violence.
_Prop._ III. If it might be supposed that a prince, or other
person of great use and service to the commonwealth, should in a
frolic, or otherwise, assault your person for your estate or purse, it
is not lawful to take away his life by a defensive violence, if you
know it to be he; because (though in some countries the law might
allow it you, yet) _finis gratia_ it is unlawful; because his
life is more necessary to the common good than yours.
_Prop._ IV. If a pilfering thief would steal your purse, without
any violence which hazardeth your life, (ordinarily,) you may not take
away his life in the defending of it. Because it is the work of the
magistrate to punish him by public justice, and your defence requireth
it not.
_Prop._ V. All this is chiefly meant, of the voluntary, designed
taking away of his life; and not of any lawful action, which doth it
accidentally against your will.
On the other side, _Prop._ I. If the law of the land allow you to
take away a man's life in the defending of your purse, it removeth the
scruple, if the weight of the matter also do allow it: because it
supposeth, that the law taketh the offender to be worthy of death, and
maketh you in that case the executioner of it. And if, indeed, the
crime be such as deserveth death, you may be the executioner when the
law alloweth it.
_Prop._ II. And this is more clear, when the robber for your
money doth assault your life, or is like for aught you see to do it.
_Prop._ III. And when gentler means will not serve the turn, but
violence is the only remedy which is left you, which is like to avail
for your defence.
_Prop._ IV. And when the person is a vile offender, who is rather
a plague and burden to the commonwealth than any necessary member of
it.
_Prop._ V. If you desire not, and design not his death, but he
rush upon it himself in his fury, while you lawfully defend your own,
the case is yet less questionable.
_Prop._ VI. If a thief have taken your purse, though you may not
take away his life after to recover it, (because it is of less value,)
nor yet in revenge (because that belongeth not to private men); yet if
the law require or allow you to pursue him to bring him to a judicial
trial, if you kill him while he resisteth, it is not your sin; because
you are but suppressing sin in your place, according to the allowance
of the law.
Public-domain text, read in full here on John Shaqi.
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