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Felony.
And yet all appeals to be made of things done out of the Realm, shall
be
tried before the Constable and Marshal of England, by the Statute
1 H. 4.
cap. 14. So that if any of the Kings Subjects shall be killed
by another of
the Kings Subjects in Scotland, or in any Forreign Realm, the Wife
or Heir
of him which is so slain, may have an appeal thereof in England, before
the
Constable and Marshal, &c. Stamf. 65. b. Vide Co. L.
74. |
Chap. 143. |
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Also to kill a Man upon the Sea, although it be
not tryable by the Common
Law, yet it is Felony, and in inquirable and tryable in the Admiral
Court; for those of the Admiralty have Jurisdiction, where both the
stroke and dying is upon the Sea; otherwise not. And therefore in
25 El.
it was adjudged in one Lacys case, That where the said Lacy
had strucken
Peacock, and given him a mortal wound upon the Sea, whereof Peacock
dying
at Scarborough (in Yorkshire,) the said Lacy was discharged
thereof, for
that those of the County of York could not enquire of the death
without
enquiry of the Stroke; and the Stroke they could not enquire, for that
it
was not given within any part of the County. See Co. 2. 93.
& 5. 106,
107. & Stat. 15 R. 2. cap. 3. & 2 H.
5. c. 6. But yet by the Statutes made
Anno 27 H. 8. c. 4. & 28 H. 8. cap.
5. all offences of Pyracy, Robbery, Murther
or other Felony done or committed upon the Sea, (or in any other
Haven, River or Creek, where the Admiral pretends to have Jurisdiction)
shall be enquired of, heard, tryed and determined in such Shires and places
within the Realm, and before such persons as shall be limited and appointed
by the Kings Commission, and after the common course of the Laws of
the Land, used for Felonies committed within the Realm; and such as
shall be so convict of any such offence, shall have and suffer such pains
of
Death, and forfeiture of Lands and Goods, as if they were convict of
Murther or Felony done upon the Land. |
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But whether he that is slain, be an Allen, or a
Denizen, an English-man
or Stranger, it maketh no difference (if he live within this Realm under
the Kings protection.) |
Lamb. 232. |
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To kill a Man that is attainted (by Verdict, or
by Outlawry, or otherwise)
of any Murther, Felony or Treason, is Felony: for none may kill or
put to death any of these, but the Officer of Justice, and by lawful warrant.
See Doct. & Stud. fol. 133. Co. L. 128. b. |
Co. 7. 13,
14.
Cromp. 24. |
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Also to kill a Man attainted upon a Præmunire,
is Felony at this day.
See the Stat. 5 Eliz. cap. 1. & Co. 7. 14. Co. L.
130. |
Co. 7. 14. |
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Also to kill a Man that hath abjured the Realm,
is Felony. See Co. 7. 9.
b. and the Doct. & Stud. fol. 133. |
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For note, That the Kings Protection belongeth by
the Law of Nature
to all these, and the King may protect and pardon them all.
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| §. 3. |
Voluntate; et Murther,
scilicet, of a malicious purpose.
est duplex. Man-slaughter,
or Chance-medly, of a sudden.
Casu, or Misadventure: this also Lawful,
is considerable after two sorts,
Homicide is scil. whether it happen
doing
or
threefold: a thing
Unlawful.
Commanded, sc. in execution of Justice.
Necessitate; this Tolerated
For advancement of Justice.
is sometimes
Se defendendo,
Prohibited. See post. tit. Homicide.
" Bracton divides Homicide into two sorts
Lingua, vel
Facto. |
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