The pattern of catechistical doctrine at large, or, A learned and pious exposition of the Ten Commandments with an introduction, containing the use and benefit of catechizing, the generall grounds of religion, and the truth of Christian religion in particular, proved against atheists, pagans, Jews, and Turks / by the Right Reverend Father in God Lancelot Andrews ... ; perfected according to the authors own copy and thereby purged from many thousands of errours, defects, and corruptions, which were in a rude imperfect draught formerly published, as appears in the preface to the reader.

How a King may put offenders to death.

YEt we must understand that kings and princes are in some cases exempted from this Commandment, and commanded to kill, and that upon pain of grievous punishment; (and therefore here falls in the rule of 〈◊〉〈◊〉, the rest belonging to the rules of extent) for this law onely prohibits private persons from killing up∣on their own authority. And a lawful Prince may lawfully do it two wayes.

• 1. When he puts to death in a legal way those that are guilty of haynous crimes.
• 2. When for the just defence of himself and his subjects, or otherwise, he under∣takes a just and necessary war.

1. For the first, there is an objection of some, that no man is to kill, or be killed, upon the speeches of our Saviour, Resist not evil. But the answer is easy; for it is not publick 〈◊〉〈◊〉, but private revenge, that is prohibited. But for publick vengeance, God tells us, it is his. Which place Saint Paul quoteth. And God hath derived his power to kings, who are his delegates, who, as the same Apostle, are a 〈◊〉〈◊〉 to the evil, for they beare not the sword in vain; but have it given to them, to execute vengeance upon malefactors, and may by Gods own immediate warrant put an 〈◊〉〈◊〉 to death.

Thou 〈◊〉〈◊〉 not suffer a witch to live, saith God. And a wise king (saith Solomon) scattereth the wicked, and bringeth the wheele over them. Thine eye shall not pitty (saith the law) but life shall go for life &c. For the nature of man is so perverse, as that without 〈◊〉〈◊〉, thou shalt kill, ne occides, Thou shalt not kill, will not be ob∣served. God hath given this power and commandment to kings and princes, who are the supreame Magistrate, 〈◊◊◊〉〈◊◊◊〉, ne sanguit 〈◊〉〈◊〉. that blood should be shed, to Prevent a further shedding of blood. As in the body, the Physitian prescribes, 〈◊◊〉〈◊◊〉, 〈◊◊◊〉〈◊◊◊〉, an incision must be made, to prevent an ex∣cision

or cutting off the member; and in curing of some diseases of the eyes, the sight must be as it were 〈◊〉〈◊〉 up for some dayes, and the eye covered that it cannot see, that so the sight may be preserved, and the eye may see better after∣ward. So here the shedding of nocent blood by kings and those that have autho∣rity from them (for to such and none else hath God given the sword of justice) is the way to prevent the shedding of innocent blood.

In the beginning Government was establisht upon this ground, Optabilius est timere unum quam multos, it is beter to fear one then many; and therefore more fit it was for one to have power to kill, then for all to have this power. And he that hath this power may lawfully use it, and cut off some thereby to preserve the whole body. For as in the natural body, if any member become so infected, as that without cutting it off, the whole body will be endangered, (as in the case of a gangrene) the rule is, melius est utpereat unus, quam unitas, better to cut off that member, then the whole body perish, so it is in the Civil body, better one offender be cut off then the whole land endangered. And as in a common fire, when one house is on fire, if water will not quench it, the best way to prevent the rest from taking fire is by pulling it down. Extinguit incendium 〈◊〉〈◊〉, by the ruin of that they stay the fire from doing more harm: so in the Civil state they stay further mischief by one mans ruin. And therefore God commands, Tolle∣re homicidam, ut malum tollatur ex Israele, to take a way the manslayer that evil may be taken away from Israel. And this malum to be taken away is two fold.

1. The wrath of God against the whole land, which is defiled so long as inno∣cent blood is shed and not punished.

2. Liberty of offending further, (which arises by impunity) by doing justice on the offender is prevented: for, as God saith, those that remain, shall heare and fear and shall henceforth commit no more such evil.

Thus we see that blood may by shed without pollution of our hands, nay it is so far from that, that Moses calleth it 〈◊〉〈◊〉 themselves to put some to death by lawful authority; so that Tamnecesse est homines habere, qui accent alios ab 〈◊〉〈◊〉, quam oculis habere palpebras, it is as necessary to have men to keep others from exorbitancies, as for the eyes to have lids, for they keep out out∣ward injuries, and that which would hurt the eyes; yea they keep and preserve the sight from hurting it self, which without eye lids would disperse it self with continual beholding the object. Therefore the Prophet David saith, that it should be his common exercise every morning to cut off all the wicked from the city of the Lord. This is or should be the study of the wise king, as Solomon saith, how to scatter the wicked, and to make the wheel to go over them. It was found at first when magistracy was establisht, that Cains city was the cause of Seths, and that even a∣mongst the seed of Seth, were some of Cains spirit, which were to be restraind with the sword, or els they would like the Rams and Hee goats in Ezechiel, 〈◊〉〈◊〉 at the leane sheep with their borns: and therefore that blood may be shed to prevent the shedding of blood, is evident; for he that sheddeth mans blood, by man shall his blood be shed, and he that taketh the sword shall perish by the sword. Now it is pro∣perly God and not man that sheds the blood of wicked persons, for he is 〈◊〉〈◊〉 Dei, the miuister of God, to whom God hath given the sword, and he must not beare it in vain. Now as we do not impute the death of a man slain to the sword, but to him that striketh with it, so must not we 〈◊〉〈◊〉 the death of a malefactor to the judge or king, but to God, whose minister he is. For Quod organon 〈◊〉〈◊〉 vten∣ti, id minister est iubenti, the minister is no more to him that commands then the in∣strument to him that useth it.

Now jubens est Deus, the Commander is God, for as we look not at the sword, so neither must we to man the minister, but to God, whose delegates Princes are, when they cut off evil doers.

Now as the Sheriffe may not execute any man, but, ex praescripto 〈◊〉〈◊〉, by warrant of the kings writ, so may not the prince or magistrate do any thing in this behalf, but ex praescripto Dei, by warrant of Gods writ, and his prescript is onely against malefactors. The malefactor must die by Gods command, but the inno∣cent and righteous slay thou not: his soul must be bound in the bundle of life. He must not go beyond his prescript or bounds in either case. For he that justifieth

the wicked, and he that conde mneth the just, even they both are abomination to the Lord, saith Solomon. The sparing of the guilty, and condemning the guiltlesse are alike 〈◊〉〈◊〉 sins in the sight of God: we have examples of Gods anger to such as have transgressed in either kinde.

1. For the acquitting and sparing the guilty. Saul by Gods command and prescript was sent to destroy the Amalekites, and he having got Agag the king into his hands, spares him; but what followed? his utter rejection; because thou hast rejected the word of the Lord, he hath rejected thee from being King. Again, God gave Benhadad the King of Syria into the hands of King 〈◊〉〈◊〉: whom he let go contrary to Gods prescript. And what followed? You shall hear the words of the Prophet: Because thou hast let go out of thy hand a man whom I appointed for utter destruction; therefore thy life shall go for his life. A heavie sentence.

2. For putting the innocent to death, we see 〈◊〉〈◊〉 condemned of murder for causing 〈◊〉〈◊〉 to be stoned: and what a fearful judgement, God denounced against him for it by the Prophet. As also against King David for the death of Vrijah. And against Jerusalem for stoning the innocent Prophets.

We have seen by this time, that a Magistrate may (without breach of this Com∣mandment) put malefactors to death, with the reasons for it, and the evils ensuing upon the neglect of it, he keeping himself within the bounds prescribed by God. Now we must see what rules must be observed in putting an offender to death. And they be three.

1. That it be not judicio perverso, it must be a right judgement. As the nocent must not be spared, so the innocent must not be put to death, his very hairs must be pre∣served: of which we have spoken before.

2. Nor judicio usurpato, by an usurped judgement; every judge is to keep his own limits: Quis es tu, qui judicas alienum servum? saith the Apostle, Who art thou that judgest another mans servant? If beyond jus gentium, the law of nations, any Prince put another mans subject to death, it is usurpation.

3. Lastly, not judicio temerario, rashly without lawful tryal. The Judges (saith Moses) shall make diligent enquiry. He that is condemned must be sons, guilty, and that must be proved upon accusation confirmed by testimony of two or three wit∣nesses. We see this practised by men otherwise wicked. What accusation bring you against this man, saith Pilate, in the case of our Saviour. And in S. Pauls, Foelix the Governour told him, that he would hear him when his accusers were come. Lastly, Festus pronounced it to be against the custom of the Romans to deliver any man to die, be∣fore he should answer his accusers face to face. And S. Ambrose saith, Judicis non est, sine accusatore damnare: quia Dominus Judam, licet fuisset fur, cum non esset accusatus, minime abjecit: It is not the part of a Judge to condemn any man without an ac∣cuser, for our Saviour cast not Judas off, though he were a thief, because no man accused him. Nor is an accusation to be received, nor blood to be shed, but either upon the parties own confession, or upon proof by the mouths of two or three wit∣nesses. And these are the rules, against which if any man condemn another, Qui ita maleficum interfecerit, homicida judicabitur, saith S. Augustine, he shall be ac∣counted no better then a murtherer.

Notes

• Math. 5. 39.
• Deut. 32. 35
• Rom. 12. 19.
• 13. 4.
• Exod. 22. 18.
• prov. 20. 26.
• Deut. 19. 26.
• Deut. 19. 19.
• 20.
• psal. 101. vlt.
• prov. 20. 26.
• 〈◊〉〈◊〉. 34. 18.
• 21.
• Exod. 23. 7.
• 1 Sam. 25. 29.
• Prov. 17. 15.
• 1 Sam. 15. 3.
• 23.
• 1 King. 20. 34.
• 1 King. 21. 13.
• 21.
• Matth. 23. 30.
• Rom. 14. 4.
• Deut. 19. 18.
• 17. 6.
• 19. 5.
• John 18. 29.
• Acts 23. 35.
• 25. 16.
• In 1 Cor. 6.
• De 〈◊〉〈◊〉. 〈◊〉〈◊〉 lib. 3.