An exposition of the morall lavv, or Ten Commandements of almightie God set dovvne by vvay of exercitations, wherein is contained an explanation of diverse questions and positions for the right understanding thereof, together with an explication of these scriptures which depend upon, or belong unto every one of the commandements, all which are cleared out of the originall languages, the customes of the Iewes, and the distinctions of the schoolemen / by Iohn Weemse ...

EXERCITAT. VII. De inculpata tutela, How a man may lawfully defend himselfe. Commandement. VI.

Exod. 21.2. If a theife be found breaking up, and be smit∣ten that he die, there shall be no blood shed for him, if the Sunne be risen upon him there shall be blood shed for him.

WE have spoken of unlawfull killing, which is murther; now it remaineth to speake of lawfull killing, and the first branch of this is, inculpata tutela, and the second is casuall slaughter.

God commandeth that a man should not kill his neighbour; and secondly, that he should preserve him∣selfe; First, that hee should not hurt his neighbour.

Man is considered sixe manner of wayes. First, as hee is a Christian; secondly, as he is a Magistrate; third∣ly, as he is a Souldier; fourthly, as he is a Citizen; fiftly, as hee is a Moralist; and lastly, as hee is the worke of nature.

In his first estate he is considered as a Christian, and then hee must lay aside all hatred: it is naturall for a man to love his friend, and it is naturall to him in his corrupt estate to hate his enemy: but it is a worke of

grace when a man pardoneth injuries done unto him. The Lord commended Salomon much for this, That hee sought not the life of his enemies, 1. King. 3.11.

Secondly, man is considered as a Magistrate, and then, Hee beareth not the sword in vaine, Rom. 13.6. but hee must remember that it is gladius Dei, & Gideon••: the sword of the Lord and of Gideon, Iudg. 7.20. and hee is the Lords sword-bearer: his part is to institute good laws, and put them in execution for punishing of trans∣gressours.

Thirdly, a man is considered as hee is a Souldier, and then hee is reputed to be without honour, if he fight not for the wellfare of his own country, and seeke not to re∣paire the wrongs done unto it.

Fourthly hee is considered as a Cittizen, and here he is bound to seeke redresse of his wrongs by the law, and not to revenge himselfe.

Fiftly, hee is considered as a Moralist, then it is more honourable for him to overcome his passions, than for him to overcome a strong city, Prov. 16.32. and in this consideration hee should be more carefull not to doe a wrong, then not to receive a wrong.

Sixtly, hee is considered as the worke of nature, and then hee should be farthest from revenge;

Let us consider how nature bringeth forth a man, and that will teach him to doe no wrong to his neigh∣bour: the Apostle, 1. Cor. 11. taketh an argument from nature, Doth not nature teach you that it is unseemely for a woman to be shaven? So nature teacheth a man in his first creation and birth to be a peaceable creature, because she bringeth him forth without weapons.

[Obj.] But by this reason yee may say that a man may not defend himselfe against injuries, because nature bring∣eth him forth without weapons.

[Answ.] Nature still seeketh the preservation of it selfe, and

that which nature affordeth not to a man for his pre∣servation, art must helpe it. Example, nature bringeth forth a man naked, now because of the injury of the weather, and the uncomelinesse of the body since the fall, nature seeketh art to helpe her, to make cloathes for a man to cover his nakednesse, and to defend himselfe from the injury of the weather; so doth it for weapons defensive, but never for offensive in the first place: the hand of man is given to him for the safety of himselfe, but not to wrong his enemie, 1. Sam. 25.26. Servavit manum tuam tibi, Hee hath reserved thy hand to thy selfe: not that thou shouldest kill Nabal with it, but that thou shouldest defend thy selfe from Saul, who is pursuing thee to take thy life.

When men use their strength to wrong one another, see how the holy Ghost speaketh of them, Dan 11.40. When hee describeth the combat betwixt the king of the South, and the king of the North, hee bringeth them fighting like two beasts, and they are said [arietare] to push with their hornes like two rams: when men goe this way to kill one another, abusing their naturall strength, they are like unto beasts which push at others, and therefore in this case, Let him not beast who putteth on the harnesse, as hee who putteth it off, 1. King. 20.11.

Secondly, a man is to defend himselfe: and in necessi∣ty the Lord maketh him a Magistrate: and as in ne∣cessity all things are common for the safety of the life of man, that a man may goe to his neighbours vine∣yard, or his field, and eate so much as will satisfie his hunger; so in necessity the Lord maketh a man a Ma∣gistrate to defend himselfe, when hee can have no o∣ther meanes to save himselfe. And here wee must put a difference betwixt him, qui infert injuriam, & qui pro∣pulsat injuriam, he must defend himselfe, but not wrong his enemie, that must be his chiefe intention: and a se∣cond

intention, if hee can have no other meanes to save himselfe, then he becometh a Magistrate in that case: and hee must take heede here first, that hee seeke not re∣venge; for, Vengeance is mine, saith the Lord, Rom. 12.9. therefore David saith, The Lord avenge me of thee, but mine hand shall not be upon thee, 1 Sam. 24.12. So Prov. 20.22. Say not I will do to him as he hath done to mee, Ier. 50.15. Take vengeance on her, as she hath done, so do thou to her, here the Prophet leaveth the revenge to God.

[Obj.] And if it be alledged that Sampson said, As they have done unto mee so have I done unto them, Iud. 15.11. there∣fore men may revenge themselves upon others, who have wronged then.

[Answ.] Wee must put a difference betwixt a Magistrate who beareth not the sword in vaine, Rom. 13.4. and those who revenge their wrongs heroico instinctu, as Phinheas, Samp∣son, and Ehud; from those who follow their owne parti∣cular revenge, for They know not of what spirit they are, Luc. 9.55.

Before a man be brought to this necessity either to kill or be killed: first hee is to flee, and secondly to de∣fend himselfe by all meanes possible, but not to pursue, if he be rid of his enemie.

First, hee is to flie, Matt. 10.23. But when they perse∣cute you in this city, flee yee into another, therefore that tenent of Navarrus is most false, cadem recte admitti pu∣tat ut alapa vitetur, & ad honorem recuperandum; & Soto, defensio cum intersectione est licita, quia fuga est ignomi∣niosa.

As hee is bound to flee to defend himselfe, so hee is bound to hold off the injury: when Iehoram King of Israel sent a man to take Elisha, Elisha said; Shut the doore, and hold him fast, at the doore, 2. King. 6.23. it is not well translated, Handle him roughly, he was onely to save him∣selfe here.

Now when he hath used all other meanes, and cannot save his life otherwise; then necessity in that case mak∣eth him a magistrate. If a theefe be found breaking up, and be smitten that hee die, Exod. 22.2. if hee be found breaking up, [im bammahhthereth,] but it is better translated, cum perfossionis instrumento, if hee come with an instrument in his hand to breake up the house, now in such a case the Lord saith, if hee be killed, then hee who killed him was free of his blood; because it was in the night time, and there was none to helpe him; and it could not be knowne whether hee came to rob or to kill; when David came to seeke support of Nabal, hee gave him a churlish answer, and said, That many men now a dayes breake from their masters, 1. Sam. 25.10. but Abigail saith of David, that hee fighteth the battels of the Lord, vers. 28. what battels of the Lord had hee fought? he was not entered into the kingdome, he onely defend∣ed himselfe in fleeing from Saul, and this Abigail called a just defence, and saith that hee did fight the battell of the Lord.

When Christ sent his Disciples abroad in their first expedition, hee forbad them to take a staffe with them, Matt. 10.10. that is, such a staffe as might hinder them in their way, but take onely a light rod with them, no staffe of defence: but when hee sent them forth after∣wards, he saith, Hee that hath not a sword, let him sell his garment and buy one, Luc. 22.36. and the Apostles seeme to have carried swords in their defence, and although these words contained not a precept, yet they are taken from the common custome, as the opposition of the former times implyeth; and this sword (or if ye will translate it, a sacrificing knife, as some doe) they were to use onely in defence of themselves, and not to wrong others, and therefore Peter when hee smote off Mal∣chus eare, Christ said to him, Put up thy sword in his place,

for all they that take the sword shall perish with the sword, Matt. 26.52.

[Ob.] Esay. 2.4. They shall beat their swords into plough-shares, and their speares into pruning bookes; therefore it may seeme that under the Gospell, men may not use a defen∣sive weapon.

[Answ.] This prophesie is onely to be understood thus, that under the Gospell, people should live more peaceably after their conversion then when they were Heathens and Pagans. Secondly, some understand the prophesie to be interpreted with this condition, the state of the Church shall be such, when all nations shall receive the Gospell, and live as Christians should do that then there shall be no warres; and this they thinke shall be fullfil∣led after the conversion of the Iewes.

[Ob.] Matt. 5.39. Resist not evill, but whosoever shall smite thee on the right cheeke, turne to him the other also: and if any man will sue thee at the law, and take away thy coat, let him have thy cloake also: Therefore it may seeme that it is not lawfull for a Christian to defend himselfe.

[Answ.] There is no place in the Scripture which hath beene more mistaken then this: Iulian the Apostate abused this Scripture, when hee would boxe the Christians upon the one cheeke, hee would bid them hold up the other also; but Christ in this place is not speaking of every sort of injury, but of light injuries, such as are a boxe, or a blow, or loosing of a coat, or cloake; hee taketh not away all judicatories here; his meaning is onely that wee should be patient in lighter offences and wrongs, and to remit something of our right in such things as wee may recover, and not to stand punctually in every thing, this is that which the Gospell teacheth. So to goe two miles with a man if hee compell thee, but not an hun∣dred: so not to stand for a coate or a cloake; but if a man should take all that thou hast from thee, then thou art

to resist him, and seeke remedie by order of law. So the words following, give to him that asketh thee, and from him that would borrow of thee, turne thou not away, vers. 42. if these words should be extended to the far∣thest, there were nothing more hard, and it would be contrary to that, 2. Cor. 8.13. For I meane not that other men be eased, and ye burdened. When hee biddeth them hold up the other cheeke, it is not meant literally here, but his meaning is, that they should be patiene in suffering of injuries, Lam. 3.30. Hee giveth his cheekes to him that smiteth him; that is, he suffereth patiently. Christ himself when he was smitten, did not hold up the other cheeke, but said, Why smitest thou mee? Ioh. 18.23. therefore the words are not to be taken literally, but are to be under∣stood that we should carry a Christian heart, ready to forgive, and not to prosecute all injuries, and to remit something of our owne right at sometimes for the Gos∣pels sake. They say in the Schooles, that Virtus mora∣lis non consistit in puncto mathematico, but habet suam la∣titudinem; it may be farther extended: so when those Christian vertues are required, they are not so required that they suffer no sort of extention; ye may spare your cloake, or your coate, but if they would spoile you of all, yee are not to yeeld to that: Paul forbiddeth the Corin∣thians to goe before Heathen judges to plead; but yet Paul being enforced, appealed to Caesar. So that the Gospell taketh not away lawfull meanes from a man to defend himselfe, but onely sheweth when, and how hee should use those meanes, and how he should forbeare to seeke to be repaired of light injuries.

Rom. 12.19. Avenge not your selves: [Ob.] 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.

When hee forbiddeth them 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, to avenge them∣selves, hee forbiddeth them not to defend themselves, [Answ.] and the words going before shew this, Requite not evill

for evill; this is the description of unlawfull revenge, and not of lawfull defence, and hee giveth the reason, Ven∣geance is mine, and I will repay, saith the Lord; and Christ saith, Shall not God avenge his owne elect? Luk. 18.7.

The conclusion of this is. Necessity armeth a man to defend himselfe, but not to kill his neighbour, this is called Gravis necessitas, but if it be extrema necessitas, then hee is armed, not onely with defensive, but also offensive weapons: but many men extend this necessity too farre, when it is neither extrema necessitas, nor gravis necessitas.

Notes

• Man is considered sixe wayes.
• As a Christian how he is to behave himselfe.
• 〈◊〉〈◊〉 a Magistrate.
• As a Souldier.
• As a Citizen.
• As a Moralist.
• As the worke of nature.
• Nature seeketh helpe from nature to defend it selfe.
• 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 Servavit manum tuam tibi.
• ARIET ARE quid. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 petijt, impetijt cor∣nibus, proprie de arieti∣bus dictum.
• A man in necessity is a magistrate to defend himselfe.
• A man must not seeke revenge.
• What a man must doe before kill or be killed.
• Navarrus E. 15. 4. Soto ar••. 8. 9. 5. d d. in l. ut vim. &c.
• 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 〈◊〉〈◊〉 ••imite cum in so∣rib••s id est, si••••ite cum extra s••pta, ne ingressus irritat in me.
• 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 Si in effossione, vel cum effossionis instrumento
• Lex 12. tabularum ve∣tat furem diurnum oc∣cidi nisi telo se defendat
• A man fighteth the Lords battell when hee defendeth himselfe.
• The Apostles carried weapons to defend themselves. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, Sira vel gla∣dius.
• How these words, Mat. 5.39. are to be under∣stood.
• We may remit some∣thing of our right, for keeping of peace.
• Wee should be patient in suffering of injuries.
• Christ suffered patient∣ly, yet held not up the other cheeke when hee was smitten.
• Morall vertues may suf∣fer extention.
• The Gospell taketh not away lawfull meanes of defence.
• God forbiddeth to re∣venge, but not to defend
• Conclusion.
• Necessitas

  • Extrema.
  • Gravis.