is
defense--the defense of his liberty; and if he could not preserve
that without the hazard of his own life, he would have been
warranted in depriving those of life who were endeavoring to
deprive him of his. That is a point I would not give up for my
right hand--nay, for my life.

Well, I say, if the people did this, or if this was only their
intention, surely the officers and soldiers had a right to go to his
relief; and therefore they set out upon a lawful errand. They were,
therefore, a lawful assembly, if we only consider them as private
subjects and fellow-citizens, without regard to mutiny acts,
articles of war, or soldiers' oaths. A private person, or any number
of private persons, has a right to go to the assistance of a
fellow-subject in distress or danger of his life, when assaulted and
in danger from a few or a multitude.

(Keyl. 136): "If a man perceives another by force to be injuriously
treated, pressed, and restrained of his liberty, though the person
abused doth not complain or call for aid or assistance, and others,
out of compassion, shall come to his rescue, and kill any of those
that shall so restrain him, that is manslaughter."

Keyl.: "A and others without any warrant impress B to serve the king
at sea. B quietly submitted, and went off with the pressmaster.
Hugett and the others pursued them, and required a sight of their
warrant; but they showing a piece of paper that was not a sufficient
warrant, thereupon Hugett with the others drew their swords, and the
pressmasters theirs, and so there was a combat, and those who
endeavored to rescue the pressed man killed one of the pretended
pressmasters. This was but manslaughter; for when the liberty of
one subject is invaded, it affects all the rest. It is a
provocation to all people, as being of ill example and pernicious
consequences."

Lord Raymond, 1301. The Queen _versus_ Tooley _et_ _al_. Lord
Chief-Justice Holt says: "The prisoner (i.e. Tooley) in this had
sufficient provocation; for if one be impressed upon an unlawful
authority, it is a sufficient provocation to all people out of
compassion; and where the liberty of the subject is invaded, it is a
provocation to all the subjects of England, etc.; and surely a man
ought to be concerned for Magna Charta and the laws: and if any one,
against the law, imprisons a man, he is an offender against Magna
Charta."

I am not insensible to Sir Michael Foster's observations on these
cases,