‘Secondly, It is lawful for every one to kill thieves and robbers, who infest forests and rob on the highways,—because they are particularly the enemies of the public weal, and consequently plotting to destroy all travellers: consequently, it is lawful to kill a tyrant, who is continually practising against his king, the sovereign lord, and against the public good. ‘Thirdly, If it be lawful for any one by the civil and imperial law to put to death a thief found by night in a house, it is much more so to slay a tyrant, who day and night devises the death of his sovereign lord. This consequence clearly follows, and will be apparent to any man of sound understanding, if he consider it, and the antecedent texts from holy writ. ‘Before I touch on the three examples from the holy Scriptures, I wish to reply to some objections that may be made to what I say, in arguing thus: All murder is forbidden by every law, divine, natural, moral and civil. Whatever may be said to the contrary, I shall prove it from Scripture: ‘Non occides,’ in Joh. xx. is one of the divine commandments, which forbids any kind of murder. That it is forbidden by the natural law, I prove by this quotation,—‘Natura enim inter homines quandam cognationem constituit qua hominem homini insidiari nefas est.’ ‘I prove it forbidden by the moral law, from ‘Quia per id: hoc non facias aliis quod tibi non vis fieri: alterum non lædere; jus suum unicuique tribuere: hoc est morale, insuper et de naturali jure.’ ‘That the civil and imperial laws forbid murder, those laws shall prove, ‘Qui hominem occidit capite puniatur, non habita differentia sexus vel conditionis. Item omne bellum omnis usus armorum vitiosus præcipue prohibitus est: nam qui vitio præcipue bellum gerit, læsæ majestatis reus est. Item regis proprium furta cohibere, adulteria punire, ipsos de terra perdere: qui enim talia sibi appropriat aut usurpat, principem injuriatur et lædit: quoniam ut dicit lex judiciorum vigor: juris et publica tutela in medio constituta est, ne quis de aliquo quantumcunque sceleribus implicito assumere valeat ultionem.’ ‘To reply to the above arguments: It should be known that theologians and jurists use diversely this word _homicidium_; but, notwithstanding, they agree in the same opinion respecting the thing. The theologians say, that to kill a man lawfully is not homicide, for the word _homicidium_ carries with it ‘quod sit justum propter hoc dicunt quod Moyses, Phinees, et Mathathias non commiserunt homicidia quia juste occiderunt;’ but some jurists say, that killing of a man, just or unjust, is homicide,—while others deny it, saying there are two modes of homicide, legal and illegal; and for justifiable homicide no man ought to be punished.