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.