Men must decide themselves when they could lawfully take arms, collect a band, and put men to
 death. When an action was assigned, this alone was to be the point at issue,
 “whether it appeared that damage had been inflicted by the malice of the household,
 by men collected and armed acting in a violent manner,” and the word
 “unjustly” was not to be added; he thought that he had put an end to the
 audacity of wicked men when he had left them no hope of being able to make any defence.