tally, are those against our
fellow subjects, and they are either committed against their lives,
their goods or their habitations. With respect to those against life, if
one person kill another without any malice aforethought, then that
natural tenderness of which the Law of England is full, interposes for
the first fact, which in such a case is denominated manslaughter. Yet
there is a particular kind of manslaughter which, by the first of King
James, is made felony without benefit of clergy, and that is, where a
person shall stab or thrust any person or persons that have not any
weapon drawn (or that have not first struck the party which shall so
stab or thrust), so that the person or persons so stabbed or thrust
shall die within six months next following, though it cannot be proved
that the same was done of malice aforethought. This Act it is which is
commonly called the Statute of Stabbing._

_As to murder properly so called, and taking it as a term in the English
Law, it signifies the killing of any person whatsoever from malice
aforethought, whether the person slain be an Englishman or not, and this
may not only be done directly by a wound or blow, but also by
deliberately doing a thing which apparently endangers another's life, so
that if death follow thereon he shall be adjudged to have killed him.
Such was the case of him who carried his sick father from one town to
another against his will in a frosty season. It would be too long for
this Preface, should I endeavour to distinguish the several cases which
in the eye of the Law come under this denomination; having, therefore, a
view to the work itself, I shall distinguish two points only from which
malice prepense is presumed in Law._

_(1) Where an express purpose appears in him who kills, to do some
personal injury to him who is slain; in which case malice is properly to
be expressed._

_(2) Where a person in the execution of an unlawful action kills
another, though his principal intent was not to do any personal injury
to the person slain; in which case the malice is said to be implied._

_As to duels where the blood has once cooled, there is no doubt but he
who kills another is guilty of wilful murder; or even in case of a
sudden quarrel, if the person killing appear by any circumstance to be
master of his temper at the time he slew the other, then it will be
murder. Not that the English Law allows nothing to the frailties of
human nature, but that it alw