need to lead in privilegi quoad justice private citizen the law charge no man  with default where the act be compulsory and not voluntary and where there be  not a consent and election and therefore if either there be a impossibility  for a man to do otherwise or so great a perturbation of the judgement and  reason as in presumption of law man nature can overcome such necessity carry a  privilege in it self necessity be of three sort necessity of conservarion of  life necessity of obedience and necessity of the act of God or of a stranger  first of conservation of life if a man steal viand to satisfy his present  hunger this be no felony nor larceney so if diverse be in danger of drown by  the cast away of some boat or barge and one of h die maxim Edward Cond Stamf  Stamf they get to some plank or on the boat side to keep himself above water  and another to save his life thrust he from it whereby he be drown this be  neither see to ward off nor by misadventure but justifiable so if diverse  felon be in a jail and the jail by casualty be set on fire whereby the  prisoner get forth this no escape nor break of prison so upon the statute that  every merchant that set his merchandise on land without satisfy the customer  or agree for it which agreement be construe to be incertainty shall forfeit  his merchandise and it be so that by tempest a great quantity of the  merchandise be cast over board whereby the merchant agree with the customer by  estimation which fall out short of the truth yet the over quantity be not  forfeit where note that necessity dispense with the direct letter of a statute  law so if a man have right to land and do not make his entry for terror of  force the law allow he a continual claim which shall be as beneficial unto he  as any entry so shall a man save his default of appearance by cretein de cause  and avoid his debt by duress whereof you shall find proper case elsewhere the  second necessity be of obedience and therefore where baron and feme commit a  felony the feme can neither be principal nor accessary because the law intend  her to have no will in regard of the subjection and obedience she owe to her  husband so one reason among other why ambassador be use to be excuse of  practice against the state where they reside except it be in point of  conspiracy which be against the law of nation and society be because non  constat whether they have it in order and then they be excuse by necessity of  obedience so if a warrant or precept come from the king to sell wood upon the  ground whereof I be tenant for life or for year I be excuse in waste the three  necessity be of the act of God or of a stranger as if I be particular tenant  for year of a house and it be overthrow by grand tempest or thunder and  lightning or by sudden flood or by invasion of enemy or if I have belong unto  it some cottage which have be infect whereby I can procure none to inhabit  they no workman to repair they and so they fall down in all these case I be  excuse in waste but of this last learning when and how the act of God and  stranger do excuse there be other particular rule Cond per brook h per Keble h  per read Edward pl Edward con dic light pl h h b h h h Standf Edward cor  Fitzherbert b Edward b be Edward Edward per the Fitzherbert be Edward  Fitzherbert be Edward but then it be to be note that necessity privilege only  quoad justice private citizen for in all case if the act that shall deliver a  man out of the necessity be against the common wealth necessity excuse not for  privilegi non valet contra rempublicam and as another say need public officer  mayor be how private citizen for death be the last and far point of particular  necessity and the law impose it upon every subject that he prefer the urgent  service of his prince and country before the safety of his life as if in  danger of ternpest those that be in the ship throw over other man good they be  not answerable but if a man be command to bring ordnance or munition to  relieve any of the king town that be distress then he can for any danger of  tempest justify the throw of they overboard for there it hold which be speak  by the Roman when he allege the same necessity of weather to hold he from  embark necessary be ut she non ut to live so in the case put before of husband  and wife if they join in commit treason the necessity of obedience do not  excuse the offence as it do in felony because it be against the common wealth  so if a fire be take in a street I may justify the pull down of the wall or  house of another man to save the row from the spread of the fire but if I be  assail in my house in a city or town and distress and to save my life I set  fire on I own house which spread and take hold upon other house adjoin this be  not justifiable but I be subject to their action upon the case because I can  rescue I own life by do any thing which be against the common wealth but if it  have be but a private trespass as the go over another ground or the break of  his enclosure when I be pursue for the safeguard of my lift it be justifiable  this rule admit a exception when the law do intend some fault or wrong in the  party that have bring himself into the necessity so that be need  worthy of blame this I take to be the chief reason why serpsum to ward off be  not matter of justification because the law intend it have a commencement upon  a unlawful cause because quarrel be not presume to grow without some wrong  either in word or deed on either part and the law that think it a thing hardly  triable in who default the quarrel begin suppose the party that kill another  in his own defence not to be without malice and therefore as it do not touch  he in the high degree so it put he to sue out his pardon of course and punish  he by forfeiture of good for where there can be any malice nor wrong presume  as where a man assail I to rob I and I kill he that assail I or if a woman  kill he that assail h per Shelley h per brook ass pl Edward per h her to  ravish her it be justifiable without any pardon so the common case prove this  exception that be if a mad man commit a felony he shall not lose his life for  it because his infirmity come by the Act of God but if a drunken man commit a  felony he shall not be excuse because his imperfection come by his own default  for the reason and lose of deprivation of will and election by necessity and  by infirmity be all one for the lack of witness  to loosen be the matter and  therefore as weakness worthy of blame excuse not no more do need  worthy of blame