International law; Natural law; War (International law)
There is a fourth argument, which seems to have no little weight,
proceeding upon the supposition, that if the right of inflicting
capital punishments were abolished, and princes were deprived of the
power of the sword to protect their subjects against the violence of
murderers and robbers, wickedness would triumphantly prevail, and
the world would be deluged with crimes, which, even under the best
established governments, are with so much difficulty prevented or
restrained. If then it had been the intention of Christ to introduce
such an order of things as had never been heard of, he would
undoubtedly by the most express and particular words, have condemned
all capital punishments, and all wars, which we never read that he
did. For the arguments, brought in favor of such an opinion, are
for the most part very indefinite and obscure. Now both justice and
common sense require such general expressions to be taken in a limited
acceptation, and allow us, in explaining ambiguous words, to depart
from their literal meaning, where our strictly adhering to it would
lead to manifest inconvenience and detriment.
There is a fifth argument, maintaining that no proof can be adduced
that the judicial part of the Mosaic Law, inflicting sentence of
death, ever ceased to be in force, till the city of Jerusalem, and
the civil polity of the Jews were utterly destroyed, without hopes
of restoration. For in the Mosaic dispensation no assignable term is
named for the duration of the law; nor do Christ and his Apostles ever
speak of its abolition, except in allusion to the overthrow of the
Jewish state. Indeed on the contrary, St. Paul says, that the High
Priest was appointed to judge according to the law of Moses. Acts xxiv.
3. And Christ himself, in the introduction to his precepts, declares
that he came not to destroy the law, but to fulfil it. Matt. v. 17.
The application of his meaning to the ritual law is very plain, for
it was only the outline and shadow of that perfect body, of which the
Gospel formed the substance. But how is it possible that the judicial
laws should stand, if Christ, according to the opinion of some,
abolished them by his coming? Now if the law remained in force as long
as the Jewish state continued, it follows that the Jewish converts to
Christianity if called to the magisterial office, could not refuse it
on the score of declining to pass sentence of death, and that they
could not decide otherwise than the law of Moses had prescribed.
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