The Influence of the Mosaic Code Upon Subsequent Legislation

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The Norman who had killed a man in the Great Battle was enjoined an annual fast and penance, of great severity, through life; he who had wounded a man had a shorter discipline ; nay, he who had struck at an opponent and missed him, but with intention to hurt or kill, had, likewise, a penance enjoined. Such a discipline, imposed by the victors on them- selves in a dark and barbarous age, is surely to be noticed as one of the great triumphs of Christianity, however corrupted by superstition. But ...to return to our secular institutions : The English law divides homicide into three kinds : justifiable, excusable, and felonious. Homicide is held to be justifiable, first, where it arises by some unavoidable necessity, and by permission or command of the law ; as in the case of a public execution of a criminal duly condemned, or for the advancement of justice, as if a felon be killed in the attempt to take him. This is similar to the old Gothic constitution, which permitted a thief to be slain if he offered resist- ance to his apprehension.

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