194- PUBLIC BOOK IV. ftabber had given the firft blow ; and it feems to be the better opinion, that this is not within the ftatute. Alfo it hath been refolved, that the killing a man by throwing a hammer or other weapon is not within the ftatute ; and whether a (hot with a piftol be fo or not, is doubted Q . But if the party flain had a cudgel in his hand, or had thrown a pot or a bottle, or dif- charged a piflol at the party fbbbing, this is a fufficient having a weapon drawn on his fide within the words of the ftatute".
2. WE are next to conllder the crime of deliberate and wilful murder; a crime at which human nature ſtarts, and which is I believe puniſhed almoſt univerſally throughout the world with death. The words of the moſaical law (over and above the ge- neral precept to Noah p, that " whofo fheddeth man's blood, by " man mall his blood be Ihed ") are very emphatical in prohibit- ing the pardon of murderers q . " Moreover ye mail take no fa- " tisfadtion for the life of a murderer, who is guilty of death, " but he mall furely be put to death ; for the land cannot be " cleanfed of the blood that is med therein, but by the blood " of him that med it." And therefore our law has provided one courfe of profecution, (that by appeal, of which hereafter) wherein the king himfelf is excluded the power of pardoning murder : fo that, were the king of England fo'inclined, he could not imitate that Polifh monarch mentioned by Puffendorf r ; who thought proper to remit the penalties of murder to all the nobility, in an edict with this arrogant preamble, " nos, dfaini " juris rigorem moderantes, &c." But let us now confider the definition of this great offence. THE name of murder was antiently applied only to the fecret killing of another'; (which the word, moerda, fignifies in the Teutonic language ') and it was defined " homkidium quod nullo
Foil. 301. i Hawk. P. C. 77. *> Numb. xxxv. 31. i Hal. P. C. 470. ' L. of N. b. 8. c. 3. . I Hawk. P. C. 77. s Dialsg. de Scaccb. 1. l.c.io. ' Gen. ix. 6. t Stiernh. dejure Sueo/i. I. 3. c. 3.
