Lavv, or, a discourse thereof in foure bookes. Written in French by Sir Henrie Finch Knight, his Maiesties Serieant at Law. And done into English by the same author.

Statutes,

21. E. 1. Stat. de male fac⃛ in parcis: It is no Felonie for Forresters to kill misdo∣ers, if they will not submit themselues.

But if one liue a yeare after an act com∣mitted, which was the cause of his death, as beating, (c) 1.1 poyson (d) 1.2 giuen him, &c. it is no felonie in him that did the Act: but this death shall bee accounted a naturall death.

The killing of one by (e) 1.3 chance (which we call by misfortune, or misaduenture) in the doing a lawfull act. But not if A. B. be * 1.4 fighting and C. comming between to part them, bee slaine by either of them both without any ill entent, for that is felony at the least if not murder, in him that kil∣leth C. because the thing which they were doing was vnlawfull, or in his owne de∣fence, which we call Se defendendo, flying * 1.5 as farre as he may to saue his life, for o∣therwise * 1.6 it is felonie, though the other pur∣sue him, doth onely forfeit his chattels, and he must haue a charter of pardon.

Notes

• (c) 1.1

  3. E. 3. Corone 303.
• (d) 1.2

  Stamf. 21. d.
• (e) 1.3

  2. H. 4. 18.
• * 1.4

  (f) Stamf. 16. c.
• * 1.5

  (g) 4. H. 7. 2.
• * 1.6

  (h) 43 ass pl. 31.