this, and in which all the particulars
requisite may be directed: and as experience will, from time
to time, be pointing out amendments, these may be made
without touching this fundamental act. See More's Utopia pa.
50, for some good hints. Fugitives might, in such a bill, be
obliged to work two days for every one they absent
themselves.

And where persons, meaning to commit a trespass* only, or larceny, or
other unlawful deed, and doing an act from which involuntary homicide
hath ensued, have heretofore been adjudged guilty of manslaughter, or
of murder, by transferring such their unlawful intention to an act much
more penal than they could have in probable contemplation; no such
case shall hereafter be deemed manslaughter, unless manslaughter was
intended, nor murder, unless murder was intended.

* The shooting at a wild fowl, and killing a man, is
homicide by misadventure. Shooting at a pullet, without any
design to take it away, is manslaughter; and with a design
to take it away, is murder. 6 Sta. tr. 222. To shoot at the
poultry of another, and thereby set fire to his house, is
arson, in the opinion of some. Dalt. c. 116 1 Hale's P. C.
569, contra.

In other cases of homicide, the law will not add to the miseries of the
party, by punishments or forfeitures.*

* Beccaria, Sec. 32. Suicide. Homicides are, 1. Justifiable. 2.
Excusable. 3. Felonious. For the last, punishments have been
already provided. The first are held to be totally without
guilt, or rather commendable. The second are, in some cases,
not quite unblamable. These should subject the party to
marks of contrition; viz. the killing of a man in defence of
property; so also in defence of one's person, which is a
species of excusable homicide; because, although cases may
happen where these also are commendable, yet most frequently
they are done on too slight appearance of danger; as in
return for a blow, kick, fillip, &c; or on a person's
getting into a house, not _anirno furandi_, but perhaps
_veneris causa_, &c. Bracton says, '_Si quis furem noctupnum
occiderit, ita demum impune foret, si parcere ei sine
periculo suo non potuit; si autem potuit, aliter erit.'
'Item erit si quis hamsokne qua; dicitur invasio domus
contra pacem domini regis in domo sua se defenderit, et
invasor occisus fuerit; imper