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Homicide upon Necessity.
either case (for they are not of the nature of a Deodand) they
being no
cause of his Death. |
Chap. 150. |
Deodand,
quid. |
Next what shall be forfeited and taken for a Deodand:
The old Rule
is, Omnia quæ movent, sunt Deodanda; and yet besides,
Deodands
may be of some things that a Man shall move or fall from, though
the thing it self moves not: As to fall from a Ship, Cart, Mow
of Corn or
Hay, &c. So as Deodands are any Goods which do cause,
or are occasion
of the death of a Man by Misadventure, Co. ibid. See more
Fitz. Cor.
314, 326, 341, 342, 344, 388, 398, 401, 409. |
Dyer 77.
Co. 5. 110. |
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If a Man killeth another with my Sword (or other
Weapon of mine)
my Weapon shall be forfeit, as a Deodand; for it shall be adjudged
my
fault, that I did not keep my Weapon from him, Doct. & Stud. f.
156. b. |
Br. Forr.
112. |
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If I shall lend another Man my Sword or other Weapon,
knowing him
to be minded to go fight, or make an affray therewith, and he with my
Weapon in such fight or affray, killeth one, quære, if this
be not Felony
in me: For you shall find that an Abbot that lent a Bow and Arrows
to
another to intent to kill the Kings Deer, was therefore fined and
ransomed. Comp, Author des Courts, fol. 191. |
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The Inquiry of such casual death, belongeth also
to the Coroner: But
if the Coroner cannot have the fight of the Body and so cannot inquire
thereof, quære, how the King shall be intituled to the
Goods. Vide hic
postea. |
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' The Officer of Coroner in such Cases. See
Bracton lib. 3. & Crompton
' 226.
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Homicide upon Necessity. CHAP. CL.
V. 89.
SOmetime the Justice of Law commandeth a man to be
put to death,
As when the Judge hath pronounced Sentence of Death against
an Offender (attainted by due course of Law) there (in due execution
of Justice) an Officer, or other person thereto lawfully deputed, may
orderly execute such Judgment or Sentence according to his Warrant; and
such Sentence on Judgment pronounced by the Judge, and after lawfully
executed by the Officer, leaveth the name and nature of Murther or Homicide,
and is called Justice, or rather Judgment, which is the lawful execution
of Justice. |
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Istud autem homicidium, si sit ex livore, vel
delectatione effundendi humanum
sanguinem, licet iste, tamen peccat mataliter propter interntionem
corruptum. Bract. 120. |
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But if the Officer or other person shall proceed
therein upon his own
Authority, without Warrant, or Non observato ordine juris; as where
an
Offender hath Judgment given upon him to be hanged, if the Sheriff or
other Officer, &c. shall behead him, or by other means put him to death.
This is Felony in such Officer, &c. Co. 7. 14. |
Stamf. 18.
See Doct.
& Stud.
fol. 133. |
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Also if a Stranger being not thereto lawfully deputed,
shall (upon his
own Authority) put to death an Offender that is condemned to die.
This
is Felony. See Co. 7. 14. a. |
Stamf. 15. |
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Nay, if the Judge himself, who gaveth Judgment of
death upon an
Offender, shall after put the same Offender to death, it is not justifiable
by him. |
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If the Justices of Peace shall arraign a Man of
Treason before them at
their Sessions, who is found guilty, &c. and thereupon is hanged:
This |
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