14, nn. 30, 31.)
The author protests in his Preface that he wishes his opinions "all
and each to be subject to the judgment, censure, and correction of the
Holy Catholic Church." The opinion above quoted was condemned, word
for word as it was uttered, by Pope Benedict XIV. in 1752.
Now for Reiffenstuel's reason. "The reason," he says, "is, because in
such a case as is supposed the acceptance and offering of a duel is an
absolutely necessary, and thereby a just and lawful, defence of your
reputation, or goods of fortune, and, by equivalence, even of your
life, against an unjust aggressor, who we suppose does you an injury,
and thereby gives you no choice but to call him out, or calls you out,
and accordingly assails you in words, &c. Hence, as for the needful
defence of reputation, or of goods of fortune of great consequence, it
is lawful, with the moderation of a blameless defence, to kill an
unjust aggressor, so it will be also lawful to offer and accept a
duel, and therein slay the other party." Reiffenstuel here evidently
supposes that killing done in self-defence is _direct_. Those who
agree with him on that point, proceed to draw differences between
self-defence and accepting a challenge.
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