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to be carried, and where it ceases to deserve the name of mercy and becomes a pernicious weakness? What casuist, what lawyer, has ever been able nicely to mark the limits of the right of selfdefence? All our jurists bold that a certain quantity of risk to life or limb justifies a man in shooting or stabbing an assailant: but they have long given up in despair the attempt to describe, in precise words, that quantity of risk. They only say that it must be, not a slight risk, but a risk such as would cause serious apprehension to a man of firm mind; and who will undertake to say what is the precise amount of apprehension which deserves to be called serious, or what is the precise texture of mind which deserves to be called firm. It is doubtless to be regretted that the nature of words and the nature of things do not admit of more accurate legislation: nor can it be denied that wrong will often be done when men are judges in their own cause, and proceed instantly to execute their own judgment. Yet who would, on that account, interdict all selfdefence? The right which a people has to resist a bad government bears a close analogy to the right which an individual, in the absence of legal protection, has to slay an assailant. In both cases the evil must be grave. In both cases all regular and peaceable modes of defence must be exhausted before the aggrieved party resorts to extremities. In both cases an awful responsibility is incurred. In both cases the burden of the proof lies on him who has ventured on so desperate an expedient; and, if he fails to vindicate himself, he is justly liable to the severest penalties. But in neither case can we absolutely deny the existence of the right. A man beset by assassins is not bound to let himself be tortured and butchered without using his weapons, because nobody has ever been able precisely to define the amount of danger which justifies homicide. Nor is a society bound to endure passively all that tyranny can inflict, because nobody has ever been able precisely to define the amount of misgovernment which justifies rebellion. But could the resistance of Englishmen to such a prince as James be properly called rebellion? The thoroughpaced disciples of Filmer, indeed, maintained that there was no difference whatever between the polity of our country and that of Turkey, and that, if the King did not confiscate the contents of all the tills in Lombard Street, and send mutes with bowstrings
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