Whether a Man Who Is Condemned to Death May Lawfully Defend Himself
If He Can?
Objection 1: It would seem that a man who is condemned to death may
lawfully defend himself if he can. For it is always lawful to do that
to which nature inclines us, as being of natural right, so to speak.
Now, to resist corruption is an inclination of nature not only in men
and animals but also in things devoid of sense. Therefore if he can
do so, the accused, after condemnation, may lawfully resist being put
to death.
Obj. 2: Further, just as a man, by resistance, escapes the death to
which he has been condemned, so does he by flight. Now it is lawful
seemingly to escape death by flight, according to Ecclus. 9:18, "Keep
thee far from the man that hath power to kill [and not to quicken]"
[*The words in the brackets are not in the Vulgate]. Therefore it is
also lawful for the accused to resist.
Obj. 3: Further, it is written (Prov. 24:11): "Deliver them that are
led to death: and those that are drawn to death forbear not to
deliver." Now a man is under greater obligation to himself than to
another. Therefore it is lawful for a condemned man to defend himself
from being put to death.
_On the contrary,_ The Apostle says (Rom. 13:2): "He that resisteth
the power, resisteth the ordinance of God: and they that resist,
purchase to themselves damnation." Now a condemned man, by defending
himself, resists the power in the point of its being ordained by God
"for the punishment of evil-doers, and for the praise of the good"
[*1 Pet. 2:14]. Therefore he sins in defending himself.
_I answer that,_ A man may be condemned to death in two ways. First
justly, and then it is not lawful for the condemned to defend
himself, because it is lawful for the judge to combat his resistance
by force, so that on his part the fight is unjust, and consequently
without any doubt he sins.
Secondly a man is condemned unjustly: and such a sentence is like the
violence of robbers, according to Ezech. 22:21, "Her princes in the
midst of her are like wolves ravening the prey to shed blood."
Wherefore even as it is lawful to resist robbers, so is it lawful, in
a like case, to resist wicked princes; except perhaps in order to
avoid scandal, whence some grave disturbance might be feared to arise.
Reply Obj. 1: Reason was given to man that he might ensue those
things to which his nature inclines, not in all cases, but in
accordance with the order of reason. Hence not all self-defense is
lawful, but only such as is accomplished with due moderation.
Reply Obj. 2: When a man is condemned to death, he has not to kill
himself, but to suffer death: wherefore he is not bound to do
anything from which death would result, such as to stay in the place
whence he would be led to execution. But he may not resist those who
lead him to death, in order that he may not suffer what is just for
him to suffer. Even so, if a man were condemned to die of hunger, he
does not sin if he partakes of food brought to him secretly, because
to refrain from taking it would be to kill himself.
Reply Obj. 3: This saying of the wise man does not direct that one
should deliver a man from death in opposition to the order of
justice: wherefore neither should a man deliver himself from death by
resisting against justice.
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