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Updated: May 2, 2025


Foster, ubi supra, doubts, and thinks it of no consequence, as the statute of Gloucester entitles the party to Royal grace, which goes as well to forfeiture as life. To me, there seems no reason for calling these excusable homicides, and the killing a man in defence of property, a justifiable homicide. The latter is less guiltless than misadventure or self defence.

In particular, they said that I, or that the club, which comes to the same thing, had offered bounties on well conducted homicides with a scale of drawbacks, in case of any one defect or flaw, according to a table issued to private friends. Now, Doctor, I'll tell you the whole truth about the dinner and the club, and you'll see how malicious the world is.

"To slander, to lie, to rob, to wench, to steal; all things are permitted save to do right and to speak the truth." Impiety the most cynical, debauchery the most unveiled, public and unpunished homicides, private murders by what was called magic, by poison, by hired assassins, crimes natural, unnatural, and preternatural, were the common characteristics of the time.

The "New Orleans Bee" of October 25, 1837, says: "We remark with regret the frightful list of homicides that are daily committed in New Orleans." This occurred in the parish of Harrisonburg. The Banner closes the account by saying: "Our informant states that five white men and one negro have been murdered in the parish of Madison, during the months of July and August."

One quarrel resulting in homicide arose because the defendant had pointed out deceased to the police, another because the participants called each other names, and another arose out of an alleged seduction. Three homicides grew out of street rows originating in various ways.

In Bavaria, also Catholic, sixty-eight to the million; or, if homicides are struck out, there will be thirty. Going into Italy, where Catholic influence is the strongest of any country on earth, and taking first the kingdom of Sardinia, we find twenty murders to the million. In the Venetian and Milanese provinces there is the enormous result of forty-five to the million.

Do you think we need these as proofs of courage? Do you suppose that the Kentuckians of our day are braver than the pioneers? Do you suppose that any people ever elevated its ideal of courage in the eyes of the world by all the homicides and all the duels that it could count?

The Pope, lifting up his hands and making the Sign of the Cross over me, blessed me, and gave his absolution for all the homicides I had ever committed, or ever should commit, in the service of the Apostolic Church. After that I kept up a constant fire, and scarcely once missed all the time.

Excusable homicides are by misadventure, or in self-defence. It is the opinion of some lawyers, that the Common law punished these with death, and that the statute of Marlbridge, c. 26. and Gloucester, c. 9. first took away this by giving them title to a pardon, as matter of right, and a writ of restitution of their goods. See 2 Inst, 148. 315; 3 Inst. 55. Bracton, L. 3. c. 4. § 2.

During the time of the Spanish invasion, Cellini asked the Pope for absolution for certain homicides which "he believed himself to have committed in the service of the church." The Pope absolved him, and, to save time, he added an absolution in prospectu, "for all the homicides thereafter which the said Benvenuto might commit in the same service."

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