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 were 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.