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Of Murder.
MVrder is Man-slaughter vpon former mallice: which wee call prepensed malice. As if one to kil his Wife, giue her (lying sicke) poyson in a rosted apple: and she eating a little of it, giue the rest to a little child of theirs, which the husband least he should be suspected, suffereth the child to eate, who dieth of the same poyson; this is murder though the wife recouer: for the poyson ministred vpon malice prepenced, to one (which by a contingencie procureth
the death of another, whom he meant not to kill, nor bare any malice to) shall bee as great an offence, as if it had taken the ef∣fect which he meant, proceeding from a naughtie and malicious intent.
Felonie de se, That is, he that murdereth himselfe, doth onely forfeite his Chattels, But not his lands; neither doth it worke corruption of bloud, nor looseth the wiues dower, because it is no attainder indeede: But his Chattels he dotb forfeit, reall and personall goods, debts, &c. And this forfeit shall haue relation to the time of the act in his life, which was the cause of his death. So as husband and wife beeing possessed joyntly of a terme for yeares of land, and the husband drowning himself, the term is forfeite to the King; and the wife suruiuing shal not haue it: for the Kings title is from the casting of himselfe into the water, which was before the wife had any title by suruiuor. And this forfeiture is as strong to giue away the term as an expresse grant, which the husband might haue done and barred his wife.
18. El. Pl. 474.
3. El. Pl. 258.