MUCH has been said and written on the vital question of the death penalty, since an amendment to a Parliament Bill, to abolish the death penalty for the crime of murder, was carried in the House of Commons recently. The House of Lords later opposed the abolition of capital punishment, even for the proposed period of five years, by a large majority. It is asserted that the Government have a large volume of opinion against them in giving place to this proposed drastic alteration of the law of the land, even with qualifying clauses to retain the death penalty for specified types of murder.
The Synod of our Church, at its meeting in May, supported a Resolution protesting against the aforesaid Amendment and its becoming law. It was declared to be contrary to the Word of God in the matter: “The murderer shall surely be put to death” (Numbers xxxv. 16, etc.), and to be anti-social.
Inasmuch as Scriptural warrant for the retention of capital punishment in the case of murder, has largely, if not altogether, been cited from the Old Testament—the question has been propounded, what warrant have we in the New Testament?
It is quite beside the point for sentimental charity to direct us to rules governing personal Christian practice, as laid down in Christ’s sermon on the Mount or elsewhere in the New Testament. We agree that the Christian is enjoined to love his neighbour as himself and to even love his enemy and to seek his conversion and reformation. When grace reigns in the believer, then he or she will not desire “an eye for an eye,” as far as they personally are concerned. This is not the realm in which to obtain a right opinion on the question of the death penalty.
The appointment, office and duties, etc., of the civil magistrate, are dealt with in the opening verses of the thirteenth chapter of the Epistle to the Romans. In verse 4, we read of the civil magistrate, “For he is the minister of God to thee for good. But if thou do that which is evil, be afraid; for he beareth not the sword in vain: for he is the minister of God, a revenger to execute wrath upon him that doeth evil.”
Dr. Charles Hodge, D.D., of Princeton, in commenting on the words, “He beareth not the sword in vain,” writes:—”The reference is not to the dagger worn by the Roman emperors as a sign of office. . . . As the common method of inflicting capital punishment was by decapitation with a sword, that instrument is mentioned as the symbol of the right of punishment, and, as many infer from this passage, of the right of capital punishment.”
Further, the New Testament records that the Lord Jesus spoke a parable concerning a certain householder, who planted a vineyard, let it out to husbandmen and then went away into a far country. He sent servants to receive the fruits of it. The husbandmen beat one, stoned another and killed another. At last he sent his son. They slew him. (Matt. xxi. verses 33-39.) Now, Christ asked those listening to Him, “When the lord therefore of the vineyard cometh, what will he do with those husbandmen?” They answer, “He will miserably destroy those wicked men,” etc. (verse 40). We believe this to be the verdict Christ required in answer to His question, as being in harmony with the divine Word, on the putting to death of the murderer, and as clearly stipulated in the Old Testament. The context does not give the slightest hint of any objection to this answer, on the part of Christ; but on the contrary, in His application of the parable, He substantiates the view expressed. That this testimony is taken from a parable in no way weakens it, as the parable is a recital of the literal, and probably actual, activities of men in our Lord’s own day on earth.
Indirect, yet significant evidence is provided in support of capital punishment, by the Apostle Paul, when defending himself and arguing his case against the Jews before Festus at Cæsarea (Acts xxv. 7-11): “Then Paul said, I stand at Caesar’s judgment seat, where I ought to be judged: to the Jews have I done no wrong, as thou very well knowest. For if I be an offender, or have committed anything worthy of death, I refuse not to die.” Here Paul expresses his mind as being in agreement with that part of the Roman civil law, with which he was no doubt conversant, which declared certain things or acts by men to be worthy of death. And he goes farther and postulates that if he himself be an offender in committing anything in that category, he refused not to die. He acknowledges the death penalty in this case to be righteous and proper procedure in the administration of law and justice by men. Paul, so deeply taught by the Holy Spirit in divine doctrine, confirms what has already been adduced from Scripture.
So we see that the New Testament upholds the divinely authorised practice of capital punishment; and that God has placed the trial of the murderer and the administration of capital punishment in the hands of men, specially appointed and delegated with scriptural authority to attend to matters of law, order and justice in civilised and Christian society. The civil magistrate, and not the private person, is therefore to rule in this sphere. It would be indeed contrary to the spirit of Christ and Gospel piety, for one in a land such as ours, to personally search out, say the murderer of a wife or son, and kill that person in revenge. The Christian, by the guidance of Scripture, will refer the whole serious business to the civil magistrate. The magistrate acting on God’s authority shall then, on evidence, have the murderer put to death. The Christian can put his “amen” to this procedure, as we believe he ought to.