5. Selfmurder. Persons present when murder is committed. Escape. 6. ESCAPE OF MURDERERS. They that are present when any man is slain, and do not their bes endeavour to apprehend the murderer or manslayer, shall be fined a imprisoned. (3 Inst. 53). If a murder be committed in the day time in a town not inclosed, ar the murderer escape, the township shall be amerced; but if incles whether the murder be in the night or day, the town shall be ameret (3 Inst. 53). See further, "Escape," Vol. II. Felo de se. Year and day. Non compos. Accessary. orfeiture. V. Self Murder. A felo de se, or felon of himself, is a person who, being of sound mi and of the age of discretion, voluntarily killeth himself. (3 Inst. 54; Hale, 411). If a man give himself a wound intending to be felo de se, and dir not within a year and a day after the wound, he is not felo de se Inst. 54). Mr. Hawkins speaks with some warmth against an unaccountab!: : tion (as he calls it) which hath prevailed of late, that every one kills himself must be non compos of course; because it is said to be possible that a man in his senses should do a thing so contrary and all sense and reason. But he argues, that if this doctrin allowable, it might be applied in excuse of many other crine as this; as, for instance, that of a mother murdering her is also against nature and reason; and this consideration, sta being the highest aggravation of a crime, would make it no crime all; for it is certain a person non compos mentis can be guilty of a ce (1 Hawk. c. 27, s. 3; R. v. Alison, 8 C. & P. 418). And Lord Hale says, it is not every melancholy or hypochet distemper that denominates a man non compos, for there are fex commit this offence but are under such infirmities; but it must be an alienation of mind, as renders a person to be a madman, or fram destitute of the use of reason, which will denominate him OR HE (1 Hale, 412). If one encourages another to commit suicide, and is present him while he does so, such person is guilty of murder as a pr and if two encourage each other to murder themselves, and ene the other being present, but failing in the attempt on himself, th is a principal in the murder of the first; but if it be uncertain the deceased really killed himself, or whether he came to his de accident before the moment when he meant to destroy himse not be murder in either. (R. v. Dyson, R. & R. C. C. 523; R. 1. 8 C. & P. 418). Upon a principle already mentioned, if a man attempting to other miss his blow and kill himself, he is felo de se. Hawk. P. C. c. 27, s. 4). (1 Hale, The offender herein doth incur a forfeiture of goods and chatte not of lands; for no man can forfeit his land without an atta course of law. (3 Inst. 54). Nor shall his goods be forfeited, until it be lawfully found by of twelve men; and this belongs to the coroner to inquire of, of the body. And if the body cannot be viewed, the justices ins may inquire thereof; for they have power, by their commis inquire of all felonies; and a presentment thereof found before t titles the king to the forfeiture. (3 Inst. 54, 55; Dalt. c. 144) But nevertheless, the forfeiture shall relate to the time of th given, and not to the time of the death, or of the inquisition. (3 Inst. 6. Forms. 55; Dalt. c. 144; Hale's Sum. 29; 1 Hawk. c. 27, s. 10). But Lord Hale, in his history of the Pleas of the Crown, seemeth to doubt whether it shall not relate to the time of the death only, and not the time of the wound given. (1 Hale, 414). Nor doth the offence work any corruption of blood or loss of dower. Corruption of (1 Hawk. c. 27, s. 8). By the rubric in the book of common prayer, before the burial office, (confirmed by act of Parliament 13 & 14 Car. II. c. 4), a person who hath laid violent hands upon himself shall not have that office used at his interment. blood. Formerly he was to be buried ignominiously on the highway, with a Burial. stake driven through his body. (4 Bl. Com. 190). But now, stat. 4 Geo. IV. c. 52, reciting that, "It is expedient that the laws and usages relating to the interment of the remains of persons, against whom a finding of felo de se shall be had, should be altered and amended:" enacts, "That from and after the passing of this act, it shall not be lawful for any coroner, or other officer having authority to hold inquests, to issue any warrant or other process directing the interment of the remains of persons, against whom a finding of felo de se shall be had, in any public highway; but that such coroner or other officer shall give directions for the private interment of the remains of such person felo de se, without any stake being driven through the body of such person in the churchyard or other burial ground of the parish or place in which the remains of such person might, by the laws or custom of England, be interred, if the verdict of felo de se had not been found against such person; such interment to be made within twenty-four hours from the finding of the inquisition, and to take place between the hours of nine and twelve at night." Sect. 2. "Nothing herein contained shall authorize the performing of any of the rites of Christian burial on the interment of the remains of any such person as aforesaid; nor shall anything hereinbefore contained be taken to alter the laws or usages relating to the burial of such persons, except so far as relates to the interment of such remains in such churchyard or burial ground, at such time and in such manner as aforesaid." VI. Forms. Commencement as usual, [ante, 54:]—on the day of - in the year of (1). Commitment our Lord, at the parish of - in the said county, feloniously, wilfully, and of for murder by shooting. his malice aforethought, did kill and murder one A. B., by shooting and discharging a certain pistol loaded with gunpowder and a leaden bullet, at and against the said 4. B., thereby giving to the said A. B., in and upon the left breast of him the said 4. B., one mortal wound; of which said mortal wound, the said A. B. instantly died. [Conclude as usual, ante, 54.] bing. Commencement as usual, [ante, 54]-on the day of in the year of (2). The like for our Lord -, at the parish of , in the said county, feloniously, wilfully, and of murder by stabhis malice aforethought, did kill and murder one A. B., by stabbing the said A. B. with a knife, in and upon the said left side of the belly, and on other parts of the body of him the said A. B., thereby giving him divers mortal wounds; of which said mortal wounds the said A. B. instantly died. And you the said keeper, &c. [Conclude as ante, 54.] The jurors for our lady the Queen upon their oath present, that C. D., late of (3). General form to wit. the parish of - in the county of [labourer], not having the fear of indictment for of Gud before his eyes, but being moved and seduced by the instigation of the devil, murder. 6. Forms. on the in the day of year of the reign of our lady the now Queen Victoria, with force and arms, at the parish aforesaid, in the county aforesaid, in and upon one A. B., in the peace of God and our said lady the Queen then and there being, feloniously, wilfully, and of his malice aforethought, did make an assaul* and that &c. [here state the means and manner of the killing, and the consequen death, according to the facts, as in the succeeding precedents, or otherwise accert ing to the facts, and then conclude thus:] And so the jurors aforesaid, upon ther oath aforesaid, do say, that the said C. D. him the said A. B., on the day and you aforesaid, at the parish aforesaid, in the county aforesaid, in the manner and forn aforesaid, feloniously, wilfully, and of his malice aforethought, did kill and murde against the peace of our lady the Queen, her crown and dignity. (4). Indictment for Commencement as (No. 3), to the asterisk :]-And that the said C. D., a cerisin pistol, of the value of [five] shillings, then and there loaded and charged with p powder and [one] leaden bullet, (which said pistol he the said C. D., in h hand then and there had and held), then and there feloniously, wilfully, and of s malice aforethought, did discharge and shoot off, to, against, and upon the mid 1. B. and that the said C. D. with the leaden bullet aforesaid, out of the pists, then and there by the force of the gunpowder aforesaid, by the said C. D. del and shot off as aforesaid, then and there feloniously, wilfully, and of his malice tre thought, did strike, penetrate, and wound the said A. B. in and upon the right mit of the belly of him the said A. B., near the right hip] of him the said A. B., g him the said A. B., then and there with the leaden bullet aforesaid, so as aforem discharged and shot out of the pistol aforesaid, by force of the gunpowder aforcamd. by the said C. D., in and upon the [right side of the belly of him the said A. B the said right hip] of him the said A. B., one mortal wound of the depth of inches] and of the breadth of [half an inch], of which said mortal wound he the 10t A. B. then and there instantly died. And so, &c. [Conclude as (No. 3).] (5). Another form for murder by shooting with a pistol, where the party did not die immediately. (6). Indictment for murder by stabbing with a knife. Commence as (No. 3), to the asterisk:]-And that he the said C. D. & cr pistol, of the value of [two] shillings, then and there being charged with gende and [one] leaden bullet, (which pistol he the said C. D. in his right hand the there had and held), at, against, and upon him the said A. B. then and there niously, wilfully, and of his malice aforethought, did discharge and shat of that he the said C. D. with the leaden bullet aforesaid, by force of the aforesaid, out of the said pistol by him the said C. D. so as aforesaid di shot off, him the said A. B., in and upon the [left side of the said 4.B under the lowest rib] of the said A. B., then and there feloniously, wilfuly, his malice aforethought, did strike and wound, giving to the said A. B., the with the leaden bullet aforesaid, out of the said pistol so as aforesaid disci shot off, in and upon the [said left side, a little under the lowest rib) of the d A. B. one mortal wound of the breadth of [one inch], and depth of four inc which said mortal wound the said A. B., on and from the day and year of day of in the year of the reign aforesaid, at the paris qu said, in the county aforesaid, did languish, and languishing did live, en and year last aforesaid, he the said A. B., at the parish aforesaid, in the aforesaid, of the mortal wound aforesaid, died. And so, &c. [Conclude as until the Commencement as (No. 3), to the asterisk:]—And that he the ssid Ĉ · with a certain knife, of the value of [sixpence], which he the said C. D. is “ hand then and there had and held, the said A. B., in and upon the [left side belly, between the short ribs] of him the said A. B., then and there fela fully, and of his malice aforethought, did strike and thrust, giving to the sa then and there, with the knife aforesaid, in and upon the [aforesaid left sid belly, between the short ribs] of him the said A. B., one mortal wound of the * of [three inches] and of the depth of [six inches], of which said mertal we said A. B. then and there instantly died. And so, &c. [Conclude as (No. 3) if he languished, as (No. 5).] Commencement as (No. 3), to the asterisk:]-And that the said C. D. with both his hands, him the said A. B., did then and there in and upon the [head and left temple] of him the said A. B., feloniously, wilfully, and of his malice aforethought, strike and beat; and that the said C. D., by the striking and beating aforesaid, did then and there feloniously, wilfully, and of his malice aforethought, give unto him the said A. B. one mortal bruise in and upon the said [left temple] of him the said 4. B., of the length of [two inches], and of the breadth of [two inches], of which said mortal bruise he the said A. B. then and there instantly died. And so, &c. [Conclude as (No. 3).] The jurors for our lady the Queen upon their oath present, that C. D., late To wit of the parish of —, in the county of ―, [labourer], not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil, wickedly contriving and intending one A. B., with poison, wilfully, feloniously, and of his malice aforethought, to kill and murder, on the day of in the year of the reign of our lady the now Queen Victoria, with force and arms, at the parish aforesaid, in the county aforesaid, feloniously, wilfully, and of his malice aforethought, a large quantity of a certain deadly poison called [white arsenic], to wit, the quantity of [three drachms] of the said [white arsenic], did put, mix, and mingle into and with a certain quantity of gruel, which the said A. B. was then and there about to drink, (the said C. D. then and there well knowing that the said A. B. intended, and was then and there about to drink the said gruel, and the said C. D. then and there also well knowing the said [white arsenic], so as aforesaid by him put, mized, and mingled into and with the said gruel, to be a deadly poison); and that the said A. B., afterwards, to wit, on &c., aforesaid, at &c., aforesaid, did take, drink, and swallow down a large quantity, to wit, a pint of the said gruel with which the said [white arsenic] was so mixed and mingled by the said C. D. as aforesaid, (he the said A. B. at the time he so took, drank, and swallowed down the said gruel, not knowing that there was any [white arsenic] mixed or mingled with the said gruel); by means whereof he the said A. B. then and there became sick and greatly distempered in his body; and the said A. B. of the poison aforesaid, so by him taken, drunk, and swallowed down as aforesaid, and of the sickness occasioned thereby, from the said day of - -, until the day of the same month, in the same year, at the parish aforesaid, in the county aforesaid, did languish, and languishing did live, on which said he the said A. B., at the parish aforesaid, in the county aforesaid, of the said poison so by him taken, drunk and swallowed as aforesaid, and of the said sickness occasioned thereby, died. And so, &c. [Conclude as (No. 3).] day of [Commencement as (No. 3), to the asterisk:]-and that the said C. D. then and there feloniously, wilfully, and of his malice aforethought, did take the said A. B. into both the hands of him the said C. D., and then and there feloniously, wilfully, and of his malice aforethought, did cast, throw, and push the said A. B. into a certain pand there situate, wherein there was a great quantity of water; by means of which said casting, throwing, and pushing of the said A. B. into the pond aforesaid, by the said C. D., he the said A. B., in the pond aforesaid, with the water aforesaid, was then and there choked, suffocated, and drowned; of which said choking, suffo cation, and drowning, he the said A. B. then and there instantly died. And so, &c. [as (No. 3).] The jurors for our lady the Queen upon their oath present, that C. D., late To wit of the parish of in the county of —, [labourer], not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil, and of his malice aforethought, contriving and intending one A. B., then being an apprentice to him the said C. D., feloniously to starve, kill, and murder, on the day of, in the year of the reign of our sovereign lady the now Queen Victoria, and on divers days and times between that day and the day of the same month, in the same year, with force and arms, at the parish aforesaid, in the county aforesaid, in and upon the said A. B., his apprentice as aforesaid, in the peace of God and of our said lady the Queen then and there being, feloniously, wilfully, and of his malice aforethought, did make divers assaults; and that the said C. D., on the said day of- in the year last aforesaid, at the parish afore 1. Buying stolen horses, &c. said, in the county aforesaid, him the said A. B., in a certain room in the dwellinghouse of him the said C. D. there situate, feloniously, wilfully, and of his malice aforethought, did secretly confine and imprison; and that the said C. D., from the said day of- —, in the year last oforesaid, until the day of the same month, in the same year, at the parish aforesaid, in the county aforesaid, feloniously. wilfully, and of his malice aforethought, did neglect, omit, and refuse to give and administer, and to permit and suffer to be given and administered to him the said A. B., sufficient meat and drink necessary for the sustenance, support, and maintenance of the body of him the said A. B.; by means of which said confinement and imprisonment, and also of such neglecting and refusing to give and administer, and ti permit and suffer to be given and administered to the said A. B., suck meat and drink as were sufficient and necessary for the sustenance, support, and maintenance of the body of him the said A. B., he the said A. B., from the said day of —, is the year last aforesaid, until the day of the same month, in the same year, the parish aforesaid, in the county aforesaid, did languish, &c. [as in form, ante, 822, (No. 5).] [See form of an indictment for the murder of a child, tit. "Children," Vol. I. at Honduras, Trials for Murders at, see ante, 818. Hops. Destroying of Hop Binds, see post, " Malicious Injures to Former misuse in sale of stolen horses. Horses and Horse-Racing. As to taxes on horses, see tit. "Taxes," Vol. VI. As to the killing and maiming of, see tit. "Cattle," Vol. I. p. 553. As to putting stoned and scabbed horses on commons, see “Common,” Vol. I. I. Buying Stolen Horses, &c., p. 824. II. Slaughtering of, p. 829. III. Horse-Racing, p. 835. I. Buying Stolen Horses, &c. [2 & 3 Ph. & M. c. 7; 31 Eliz. c. 12.] The 2 & 3 Ph. & M. c. 7, intituled, “An Act against the buying of stolen horses," recites, "Forasmuch as stolen horses, mares, and geldings, by thieves and their confederates, be for the most part sold, exchanged, given, or put away in houses, stables, back-sides, and other secret and |