1. The laws are made by such as have more power over our lives, than we have over them ourselves.
2. And they are made for the good of the commonwealth; which is to be preferred before the good or life of any single person. And whatever selfish infidels say, both nature and grace do teach us to lay down our lives, for the welfare of the church or state, and to prefer a multitude before ourselves. Therefore it is better to be robbed, oppressed, or killed, than to break the peace of the commonwealth.
_Prop._ II. Therefore a private man may not raise an army to defend his life against his prince, or lawful governor. Perhaps he might hold his hands if personally he went about to murder him, without the violation of the public peace; but he cannot raise a war without it.
_Prop._ III. We may not do that by blood or violence, which might be done by persuasion, or by any lawful, gentle means: violence must be used, even in defence, but in case of true necessity.
_Prop._ IV. When self-defence is like to have consequents so ill, as the saving of ourselves cannot countervail, it is then unlawful _finis gratia_, and not to be attempted.
_Prop._ V. Therefore if self-defence be unlikely to prevail, our strength being inconsiderable, and when the enemy is but like to be the more exasperated by it, and our sufferings like to be the greater; nature and reason teach us to submit, and use the more effectual (lawful) means.
_Quest._ VI. Is it lawful to take away another's life, in the defending of my purse or estate?
_Answ._ 1. You must again distinguish between such defence as the law of the land alloweth, and such as it forbiddeth.
2. Between what is necessary, and what is unnecessary.
3. Between a life less worth than the prize which he contendeth for, and a life more worth than it, or than mine own.
4. Between the simple defence of my purse, and the defence of it and my life together.
5. Between what I do with purpose and desire, and what I do unwillingly through the assailant's temerity or violence.
6. And between what I do in mere defence, and what I do to bring a thief or robber unto legal punishment. And so I answer,
_Prop._ I. You may not defend your purse, or your estate, by such actions, as the law of the land forbiddeth; (unless it go against the law of God;) because it is to be supposed, that it is better a man's estate or purse be lost, than law and public order violated.
_Prop._ II. You may not (against an ordinary thief or robber) defend your purse with the probable hazard of his life, if a few good words, or other safe and gentle means, which you have opportunity to use, be like to serve turn without such violence.
_Prop._ III. If it might be supposed that a prince, or other person of great use and service to the commonwealth, should in a frolic, or otherwise, assault your person for your estate or purse, it is not lawful to take away his life by a defensive violence, if you know it to be he; because (though in some countries the law might allow it you, yet) _finis gratia_ it is unlawful; because his life is more necessary to the common good than yours.
_Prop._ IV. If a pilfering thief would steal your purse, without any violence which hazardeth your life, (ordinarily,) you may not take away his life in the defending of it. Because it is the work of the magistrate to punish him by public justice, and your defence requireth it not.
_Prop._ V. All this is chiefly meant, of the voluntary, designed taking away of his life; and not of any lawful action, which doth it accidentally against your will.
On the other side, _Prop._ I. If the law of the land allow you to take away a man's life in the defending of your purse, it removeth the scruple, if the weight of the matter also do allow it: because it supposeth, that the law taketh the offender to be worthy of death, and maketh you in that case the executioner of it. And if, indeed, the crime be such as deserveth death, you may be the executioner when the law alloweth it.
_Prop._ II. And this is more clear, when the robber for your money doth assault your life, or is like for aught you see to do it.
_Prop._ III. And when gentler means will not serve the turn, but violence is the only remedy which is left you, which is like to avail for your defence.
_Prop._ IV. And when the person is a vile offender, who is rather a plague and burden to the commonwealth than any necessary member of it.
_Prop._ V. If you desire not, and design not his death, but he rush upon it himself in his fury, while you lawfully defend your own, the case is yet less questionable.