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HOMICIDE.
Memor.m
Qu. whether to make a provision to exempt rioters assembled without any express murderous intentions
where yet killing ensues (as on popular accounts) from the mutilation - inside
or only to leave it upon the general power of Pardoning? semble, the latter but.
If the accidental kind appears manifestly to have been the killing of Nathaniel
Cony for which an Earl of Pembroke was tried for Murder and found guilty of
Manslaughter + + 4th of April 1678. 2 St. Tr. 637. — they were both, with other company very much in liquor — The Earl provoked at
a resolute speech of Cony, which tho' proper enough & becoming, could not fail of galling
the person to whom it was adressed, fell upon him knocked him down with one blow
of his hand and gave him one kick with his foot — This insolence meeting with
such a state of Body, habitually distempered by the same courses threw him into a disorder, which after a shew of recovery
terminated in his death. What is there in all this, to import any intention even a sudden intention one of killing?
And what still further puts it out of doubt is that the same Earl had and another
Company had but just drawn their swords upon one another
Whoever compares this Trial with that of the Ld Mohun in King William's
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Time Jan. 31st 1692 who stood with his sword drawn for hours together in the Street with Companion
waiting for an enemy of that companion's, who (the companion) when he saw him came at last fell upon
him & killed him + + There was a contrariety of evidence as to the point whether the person killed (who also had his sword) had time or no him to defend himself. will be surprized to see find that six Lords in the former case could
be wrought upon induced to find this Deft guilty of Murder 40 more found him guilty of Manslaughter. & 18 not guilty when no more than 14 out of 83 The rest found him found him not guilty of Mans as there are by Law no accomplices in the to Manslaughter 4 State Trials. 506.
pronounced that verdict in the latter — what wrought upon those 6 seems to have
the discourse of the Crown Lawyers upon the legal Idea topic of implied malice that one of those
house Services wherby a misconduct next to innocence may be construed into the highest guilt, who
might one should have thought in such a case have excused themselves the pressing on the charge of Murder.
There is a story in of Sr Edw Coke's an instance of this kind of Homicide Murder committed in this manner, which
is curious enough: but not so curious as and the concluding reflection with which the unfeeling pedant who reports it closes it, conclud is
still more so — A Master of a Ship having a number of Jews on board his vessel, thought
it would be a pretty trick if he could drown them all: accordingly he watched the time
when he knew the tide would be over rushing in with great violence to take a walk upon the
beach — They did do so, and were overtaken by the waves & drowned — Ld Coke seems to
have thought this a proper very clever way of serving a set of wretches who had the villainy not to believe in
the Trinity, & a number of other pretty things that he did — There happen'd however to
be some Judges however, who thought otherwise for the Master & such of the Crew as were concerned
with him, were indicted, convicted, & hanged. Thus perished says he, these infidel
Jews. 2d Indet. 308. Between this great Author & another great Author might go on increasing in piety like they lost their bowels & their brains knows not how long Lawyers might go on for ever in the same train of sentiment were did not some Barristers
appear now & then to instruct them in the rights of human nature.
HOMICIDE. Intentional in the 2d Degree. Examp. E. Pembroke [BR][11] 3.d Degree. Ld Mohun. — Indirect — Jews drowned.
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homicide intentional in the 2d degree examp. e. pembroke 3d degree ld mohun indirect - jews drowned |
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