Of ancient Russian law M. Kovalewsky observes, "L'existence d'une excitation violente est prise en considération, par notre antique législation, qui déclare le crime accompli sous leur influence non imputable."[98] According to ancient Irish law, "homicide was divisible into the two classes of simple manslaughter and murder, the difference between which lay in the {297} existence or absence of malice aforethought, the fine in the latter being double what it was in the former case"; and for a wound which was inflicted inadvertently in lawful anger, the payment was made upon a diminished scale.[99] The ancient Teutons, also, held a wrong committed in sudden anger and on provocation to be less criminal than one committed with premeditation in cold blood;[100] this opinion seems partly to be at the bottom of the distinction which they made between open and secret homicide.[101] According to the law of the East Frisians, a man who kills another without premeditation may buy off his neck with money, not so he who commits a murder with malice aforethought.[102] It is curious that Bracton should take no notice of the different grades of evil intention which may accompany voluntary homicide, and that he should omit altogether the question of provocation;[103] Beaumanoir, the French jurist, who lived in the same age, mentions in his 'Coutumes du Beauvoisis' provocation as an extenuating circumstance,[104] and the same view was taken by the Church.[105] Coke, in his Third Institute--which may be regarded as the second source of the criminal law of England, Bracton being the first--gives an account of malice aforethought, and adds, "Some manslaughters be voluntary, and not of malice forethought, upon some sudden falling out. _Delinquens per iram provocatus puniri debet mitius_."[106] Hume says that in Scotland "the manslayer on suddenty was to have the benefit of the girth or sanctuary: he might flee to the church or other holy place; from which he might indeed be taken for trial, but to be returned thither, safe in life and limb, if his allegation of _chaude melle_ were proved."[107] All modern codes regard provocation under certain circumstances as a mitigating circumstance.[108] According to the criminal law of Montenegro, great provocation may even relieve a homicide of all guilt.[109] [Footnote 98: Kovalewsky, _Coutume contemporaine_, p. 291.] [Footnote 99: _Ancient Laws of Ireland_, iii. pp. xciii. cx.] [Footnote 100: Wilda, _op. cit._ p. 560 _sqq._, 701. Stemann, _op. cit._ p. 574. von Amira, in Paul's _Grundriss der germanischen Philologie_, ii. pt. ii. 174.] [Footnote 101: Wilda, _op. cit._ p. 569. von Amira, _loc. cit._ p. 173.] [Footnote 102: _Das Ostfriesische Land-Recht_, iii. 17 _sq._] [Footnote 103: _Cf._ Stephen, _op. cit._ iii. 33.] [Footnote 104: Beaumanoir, _Coutumes du Beauvoisis_, xxx. 101, vol. i. 454 _sq._] [Footnote 105: Gregory III. _Judicia congrua penitentibus_, 3 (Labbe-Mansi, _op. cit._ xii. 289).]