CHAP. XI. Of Homicide. THE last division of public wrongs is into such crimes and misdemeanors as more peculiarly affect and injure individuals or private subjects, whether in their persons, their habitations, or their property. or temping to murder, rob, 24 Hen. 8. c.5. Eng. To the head of justifiable homicide, may be referred § 1. the clauses of several statutes which have been already Killing persons stated in the preceding pages (617. 9. 630. 823. 8.) of this book. And the 24 Heu. 8. c. 5. Eng. declares enacts, that if any person be indicted or appealed for the death of any evil disposed person attempting feloniously to murder or rob any person in or nigh any common highway, cart-way, horse-way, or foot-way, or in his mansion, messuage, or dwelling-place, or feloniously or burglarily to break any dwelling-house or mansion-house [in the night time,] and the same by verdict be found, he shall not forfeit any lands, tenements, goods, or chattels, for the death of such person so slain, but shall be thereof fully acquitted, as if lawfully acquitted of thẹ death of such person. The 15 Car. 1. c. 9. Ir. is the 15 Car. I. c. 9. corresponding statute in Ireland. And the 28 Hen. 6. c. 3. Ir. also enacts, that it shall be lawful for every liege man of the king, to kill all notorious thieves, and thieves found robbing and spoiling, or breaking houses, by night or by day, and thieves found with the manner, and to take them without impeachment by the king, his justices, officers, or ministers, for such manslaughter or taking. And every man that kills or takes such thieves, shall have one penny of every plough, and one farthing ling or taking of every cottage within the barony where the manslaugh- thieves. ter is done, for every thief. And the town where the said Jr. 28 Hen. 6. c. 3. Ir. Reward for kil VOL. II. 3 N manslaughter • The preamble to the 15 Car. 1. c. 9. Ir. adds, "or in the day time." |