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pretends to; only children, and madmen are excused from offences against the law natural.

Where a man is captive, or in the power of the enemy (and he is then in the power of the enemy, when his person, or his means of living, is so), if it be without his own fault, the obligation of the law ceaseth; because he must obey the enemy, or die; and consequently such obedience is no crime: for no man is obliged, when the protection of the law faileth, not to protect himself, by the best means he can.

If a man, by the terror of present death, be compelled to do a fact against the law, he is totally excused; because no law can oblige a man to abandon his own preservation. And supposing such a law was obligatory; yet a man would reason thus, "If I do it not, I die presently; if I do it, I die afterwards; therefore by doing it, there is time of life gained"; nature therefore compels him to the fact.

When a man is destitute of food, or other thing necessary for his life, and cannot preserve himself any other way, but by some fact against the law; as if in a great famine he take the food by force, or stealth, which he cannot obtain for money nor charity; or in defence of his life, snatch away another man's sword; he is totally excused, for the reason next before alleged.

Again, facts done against the law by the authority of another, are by that authority excused against the author; because no man ought to accuse his own fact in another, that is but his instrument: but it is not excused against a third person thereby injured; because in the violation of the law, both the author and actor are criminals. From hence it followeth that when that man, or assembly, that hath the sovereign power, commandeth a man to do that which is contrary to a former law, the doing of it is totally excused: for he ought not to condemn it himself, because he is the author; and what cannot justly be condemned by the sovereign, cannot justly be punished by any other.