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Updated: June 20, 2025
Surely no horses ever required so long a rest, and when her father suggested ordering her some tea, it seemed almost like malice prepense to occasion a further delay. However, they were off at last, and as they rattled along in their shaky conveyance, she became painfully conscious of its discomfort. Every jolt was anguish, and her head and all her limbs were aching.
Of course he could not tell that this rudeness was but the cover of a real desire for cordiality between them, and now he fully believed that Brogten had intentionally, deliberately, and with malice prepense, formed a deep laid scheme to dash from his lips the cup of happiness as he was in the very act of tasting it.
A man feels that he has abilities or talents of a particular kind, that he has shown them, and still he is a neglected man. I am far from saying that merit is sufficiently looked out for: but a man may take the sting out of any neglect of his merits by thinking that at least it does not arise from malice prepense, as he almost imagines in his anger.
There was something in the lad's imperturbable good humor at once irritating and disarming. Whatever his faults, they were more negative than positive; there was no malice prepense about him, no absolute personal wickedness.
It was, as I have said, all the fault of the Governor; the custom was adhered to in deference to His Excellency rather than with malice prepense on the part of a friend to indulge in wanton candour.
And on this principle acts done from anger are fairly judged not to be from malice prepense, because it is not the man who acts in wrath who is the originator really but he who caused his wrath. And again, the question at issue in such cases is not respecting the fact but respecting the justice of the case, the occasion of anger being a notion of injury.
No sooner had I heard the shriek of that wretch than I gave a howl which might have been heard in hell. Jumping from my bed, I seized my clothes and began to dress. The maids, and my lad, and every one who came around to help me, got kicks or blows of the fist, while I kept crying out in lamentation: "Ah! traitors! enviers! This is an act of treason, done by malice prepense!
I beg leave to add that I should have thought this milder species of charge was demanded in the case supposed, notwithstanding the statute of James I. cap. 8, which takes the case of slaughter by stabbing with a short weapon, even without MALICE PREPENSE, out of the benefit of clergy.
"I perceive it won't do to give way to impulse," Phillotson resumed, feeling more and more every minute the necessity of acting up to his position. "I flew in the face of the Church's teaching; but I did it without malice prepense. Women are so strange in their influence that they tempt you to misplaced kindness. However, I know myself better now. A little judicious severity, perhaps..."
It is not justifiable; but yet it is far less criminal and less severely punished than when committed in cold blood, or, as the law terms it, with malice prepense or aforethought. This practice of our courts is right and highly reasonable, because on such occasions the will of the culprit is partly overpowered, or deprived of freedom.
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