Domestic Encyclopædia (1802)/Manslaughter

MANSLAUGHTER, a species of homicide, denotes the unlawful killing of another, without any malice, either express or implied: it may be perpetrated either voluntarily, in consequence of a sudden dispute; or involuntarily, though in the commission of some unlawful act. Thus, if two persons rashly quarrel and fight, so that one of them kill the other, the act is manslaughter: the case is similar, if they go out into a field to fight, because it is one continued scene of passion; and our law does not consider a hasty and deliberate deed in the same scale of guilt. Farther, if a man be grossly insulted by another pulling his nose, and if he immediately kill the aggressor, it constitutes only manslaughter; though the act cannot be justified on the plea of self-defence, because there is no absolute necessity for doing it with a view to self-preservation. It must, however, be remarked, both in this and every other case of homicide in consequence of provocation, that if there be sufficient time for the heat of passion to subside, or for reason to interpose, and the offended person take away the life of the offender, such act is deliberate revenge, and is accordingly punished as murder.

Involuntary manslaughter differs from excusable homicide in this respect, namely, that the latter always happens in consequence of a lawful act, but not so the former. Thus, if a person perform a lawful act in an improper or illegal manner, and without sufficient caution; for instance, when a builder or workman throws down a piece of stone or timber into the street, which kills a person, such act shall be construed either manslaughter, or murder, according to the particular circumstances under which it was committed. Hence, if the accident happen in a village where few persons pass, and the workman had given previous notice, it is simply a misadventure; if in London, or any other populous city, where numberless persons are passing and re-passing, and due warning had been published, it is manslaughter; but, if no notice whatever had been given, and such workman knew of people going and returning, it is then murder; because it is a proof of malice against all mankind.

The crime of manslaughter is felony within the benefit of clergy, and the punishment inflicted is, burning in the hand, and forfeiture of all the offender's property. There is, however, one species, which is deservedly punished as murder, being deprived of the benefit of clergy by statute; namely, the stabbing of a person mortally, even though the deed be perpetrated upon sudden provocation: but an exception is made by the 1 Jac. I. c. 8, in favour of self-defence, without intent to commit manslaughter. See also Duel.