The Philistine : $b a periodical of protest (Vol. III, No. 6, November 1896)Various
General
The Philistine : $b a periodical of protest (Vol. III, No. 6, November 1896)
Various
American literature -- Periodicals; American periodicals; Society of the Philistines (East Aurora, N.Y.) -- Periodicals
Sir James Hales, the son of a Baron of the Exchequer, was a Justice
of the Common Pleas, a suicide and ergo, a felon. For, “while walking
through divers streets and highways of Cambridge, he did wantonly enter
a ditch flowing there-through and himself therein feloniously and
voluntarily drowned.” In those days of simple justice such an atrocious
crime was, though falling perhaps a little short of rank burglary, at
least felony without benefit of clergy. This same spirit of simple
justice not only denied him christian burial but also escheated his goods
and chattels to the Crown, leaving his guilty widow, guilty through her
marriage to such an atrocious criminal, penniless. In 1550, Lady Hales
caused an action of trespass to be brought against one Petit, a lessee
holding under the Crown, claiming that Sir James’ alleged crime was not
consummate until after his death and “the dead can do no wrong.”
“The death precedes the forfeiture,” argued the widow’s learned council,
“for until the death is fully consummate he is not a felon; for if he
had killed another he should not have been a felon until the other had
been dead and for the same reason he cannot be a felon until the death of
himself be fully had and consummate.”
The sergeants for the Crown insisted that the crime lay in the act done
in the life-time which was the cause of the death. “The act consists
of three parts: the imagination, the resolution and the perfection. The
death is only a sequel to the act.”
“_It must be ‘se offendendo;’ it cannot be else. For here lies the
point; if I drown myself wittingly, it argues an act: and an act hath
three branches, it is, to act, to do, and to perform: argal, she drowned
herself wittingly._”
Sir Anthony Brown, in delivering the judgment of the Court, said: “Sir
James Hales is dead; and how came he to his death? It may be answered,
By drowning. And who drowned him? Sir James Hales. And when did he drown
him? In his life-time. So that Sir James Hales, being alive, caused Sir
James Hales to die, and the act of the living man was the death of the
dead man.”
“_If the man go to this water, and drown himself, it is, will he, nill
he, he goes—mark you that; but if the water come to him and drown him,
he drowns not himself; argal, he that is not guilty of his own death
shortens not his own life._”
“_But is this law?_”
“_Ay, marry, is’t! crowner’s quest law._”
PRESTON KENDALL.
THE CRICKET: A FABLE.
A poor little cricket hidden in the flowery grass, regarded a butterfly,
flying o’er the prairie. The insect shone with bright colors. Blue,
purple and gold sparkled on his wings. Young, beautiful, little beau!
He ran from flower to flower, taking and quitting all, even the most
beautiful.
Public-domain text, read in full here on John Shaqi.
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