ays exerts itself where there appears to
have been a person killed in cool blood. Far this reason the seconds at
a premeditated duel have been held guilty of murder, nor will the
justice of the English Law be defeated where a person appears to have
intended a less hurt than death, if that hurt arose from a desire of
revenge in cool blood; for if the person dies of the injury it will be
murder. So, also, where the revenge of a sudden provocation is executed
in a cruel manner, though without intention of death, yet if it happen,
it is murder._

_We come now to those kinds of killing in which the Law, from the second
method of reasoning we have spoken of, implies malice, and into which
slaying of others, those unfortunate persons of whom we speak in the
following sheets were mostly led either through the violence of their
passions, or through the necessity into which they are often drawn by
the commission of thefts and other crimes. Thus, were a person to kill
another in doing a felony, though it be by accident, or where a person
fires at one who resists his robbing him and by such firing kills
another against whom he had no design, yet from the evil intention of
the first act, he becomes liable for all its consequences, and the fact,
by an implication of malice, will be adjudged murder. Nay, though there
be no design of committing felony, but only of breaking the peace, yet
if a man be slain in the tumult they will all be guilty of murder,
because their first act was a deliberate breach of the Law. There is yet
another manner of killing which the Law punishes with the utmost
severity, which is resisting an officer, civil or criminal, in the
execution of his office (arresting a person) so that he be slain, yet
though he did not produce his warrant, the offence will be adjudged
murder. And if persons who design no mischief at all, do unadvisedly
commit any idle wanton act which cannot but be attended with manifest
danger, such as riding with a horse known to kick amongst a crowd of
people, merely to divert oneself by putting them in a fright, and by
such riding a death ensues, there such a person will be judged guilty of
murder. Yet some offences there are of so transcendent a cruelty that
the Law hath thought fit to difference them from the other murders, and
these are of three sorts, viz., where a servant kills his master; where
a wife kills her husband; where an ecclesiastical man kills his prelate
to whom he owes obedie