| Chap. 146. |
Manslaughter.
' And this Pardon is twofold; one, Ex gratia Regis,
which the King,
' in some special regard of the Person or other circumstance, sheweth and
' affordeth upon His Prerogative: The other by course of Law, which
' the Law in Equity affordeth for lesser offences, as of Homicide by Misadventure
' or Se Defendendo. |
349 |
3 H. 7. f. 7. |
Note, That he which hath a Pardon for Felony, if
he hath not found
Sureties for his good abearing, or if afterwards, during his life, he shall
break the Peace: Such Pardon shall be holden for none, but that he
may
be hanged notwithstanding his Pardon; for by the Pardon, the Offence
tegitur, non tollitur. See 10 E. 3. c. 3.
P. Pardon 5. & 3 H. 7. 7. where
one was executed upon this Statute, for making an Affray after his Pardon.
Br. Coron. 134. |
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27 H. 8. 24.
P. Perog.
17. |
None have authority to pardon any Treason, Murther
or other Felony,
or any accessary to the same, save only the King: it being one of
His
Royal Prerogatives.
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Manslaughter. CHAP. CXLVI.
V. 94.
MAnslaughter in right signification thereof, implieth
all manner of
Homicide, and extends in the general, as well to Murther as to the
rest. Nevertheless, for that in common speech it is restrained
to Manslaughter
by Chancemedly alone, in that sense I will here write of it. |
Definition. |
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Manslaughter, otherwise called Chancemedly, is the
killing of a Man
Feloniously, sc. with a Mans will, upon a sudden or present heat,
and fury
of Mind, yet without any Malice forethought; as when two do quarrel
and fight together upon the sudden, and by meer chance, without any
Malice precedent, and one of them doth kill the other; this also is Felony
of death, Plo. 101. Br. Coron. 22. |
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And yet in case of Manslaughter (not being within
the Statute of
1 Jac.) the Offender shall have the benefit of Clergy for the first
time, and
by the Law of God there was a City of Refuge appointed for such to flie
unto, Exod. 21.13. Deut. 19.3, 4. Numb. 35.11,
22. For in such cases
of Chance (as we term it) sc. Where the Offender hath not laid wait,
not hated in time past, the same Scripture saith, That God offered the
party so slain, unto the hands of such Manslayer, Exod. 21.13. |
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| Cromp. 16. |
Two fall out upon the sudden, and fight, and the
one breaketh his
weapon, and a stranger standing by (yet being none of their company)
lendeth him a weapon, and therewith he killeth the other: This is
Manslaughter,
as well in him that killed the other: as in the Stranger, who
lent him his Weapon. |
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A. and B. fall out upon a sudden,
and fight, and A. is so fierce, that
he runneth upon the others weapon, and is slain; yet this seemeth Manslaughter
in B. for he should have fled to some Wall or Strait, &c.
quære. |
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P. R. 122. b.
Stamf. 16.
a. |
And if B. had fled to a Wall, &c. and
A. pursueth him, and B. perceiving
that A. would assault him, holdeth his weapon between them, and
A.
runneth upon the weapon and is slain; this is Homicide in his own defence
and for which B. shall forfeit only his Goods: But otherwise it
had been
if B. had fallen, and lying upon the ground had drawn his Knife
or Dagger,
and A. falleth thereon, and so is slain; for then B. could
not flie, nor
make any other defence for his safety, and therefore here B. shall
not forfeit
his Goods, not be culpable of his death, but be discharged: For A.
in a manner killed himself. See hereof, postea. |
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