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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.
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