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.
About this Item
- Title
- 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.
- Author
- Finch, Henry, Sir, d. 1625.
- Publication
- London :: Printed [by Adam Islip] for the Societie of Stationers,
- 1627.
- Rights/Permissions
-
To the extent possible under law, the Text Creation Partnership has waived all copyright and related or neighboring rights to this keyboarded and encoded edition of the work described above, according to the terms of the CC0 1.0 Public Domain Dedication (http://creativecommons.org/publicdomain/zero/1.0/). This waiver does not extend to any page images or other supplementary files associated with this work, which may be protected by copyright or other license restrictions. Please go to http://www.textcreationpartnership.org/ for more information.
- Subject terms
- Law -- England -- Early works to 1800.
- Link to this Item
-
http://name.umdl.umich.edu/A00741.0001.001
- Cite this Item
-
"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." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A00741.0001.001. University of Michigan Library Digital Collections. Accessed June 12, 2024.
Pages
Page 213
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) 1.3 poyson (d) 1.4 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) 1.5 chance (which we call by misfortune, or misaduenture) in the doing a lawfull act. But not if A. B. be * 1.6 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 * 1.7 as farre as he may to saue his life, for o∣therwise * 1.8 it is felonie, though the other pur∣sue him, doth onely forfeit his chattels, and he must haue a charter of pardon.
Statutes.
Gloucest. cap. 9. Hee that killeth a man by misaduenture, or se defendendo, must put himselfe vpon the countrey, and if he bee found to haue done it so, the King if he please may pardon him.
Page 214
Marlb. cap. 25. To kill a man by mis∣aduenture shall be no murder.
But the killing of one that attempteth to robbe him (whether (e) 1.9 vpon the High∣way, or (f) 1.10 when men come to his house, & compasse it about to burne it (though they do not burn it) whereupon he issueth out & killeth one of them, is neither felonie, nor causeth any forfeiture at all.
Prerogatiue.
Any vnreasonable thing killing a man: * 1.11 As the wheele of a mill, when one falleth from the bridge into the water, and is carri∣ed by the violence of it vnder the outward * 1.12 wheele; the taske of Corne that a man fal∣leth from, and so receiueth his death: it, and euery thing mouing with, it is forfeit to the King. As if a man beeing vpon a Cart * 1.13 carrying Faggots, and binding them toge∣ther, fall downe by the mouing of one of the horses in the cart, and die of it: both that and all the other horses in the cart, and the cart it selfe, are forfeit. And these are called Deodands.
Notes
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(a) 1.1
Stamf. 21. c.
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(b) 1.2
Stamf ibid. •• ass. pl. 2.
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(c) 1.3
3. E. 3. Corone 303.
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(d) 1.4
Stamf. 21. d.
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(e) 1.5
2. H. 4. 18.
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* 1.6
(f) Stamf. 16. c.
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* 1.7
(g) 4. H. 7. 2.
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* 1.8
(h) 43 ass pl. 31.
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(e) 1.9
26. ass pl. 32.
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(f) 1.10
26. ass pl. 23.
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* 1.11
(a) 8. E. 2. Corone 389.
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* 1.12
(b) 3 E. 3 coron. 140.
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* 1.13
(c) 8. E. 2. cor. 397