CHANCE-MEDLEY, (Fr. chance, lapsus, and melcr, miscere,) in the criminal law of England, is the lowest species of homicide to which punishment attaches. It consists in killing a human being in selfclifence, upon occasion of any sudden (chance) quarrel. The self-de fence must, of course, be real, and after every other ex pedient for self-preservation has failed, else the offence will rise to a manslaughter. The offence differs from homicide by misadventure in this, that the latter takes place in the course of a lawful act, where there is no in tention of doing hurt ; as if a man is at work with a hatchet, and the head of it fly off and kill a stander-by, whereas the former is intentional, but necessary for the killer's own preservation. And they agree in this, that the law presumes the occasion of the killing might have been avoided in both cases; in the one by greater care in the choice and use of the instrument ; in the other, by avoiding the quarrel altogether, which required so fatal a termination. The law, therefore, does not hold it as a justifiable homicide, but, along with killing by misadventure, distinguishes it with the less exculpa tory term of excusable. Anciently the punishment was
severe ; according to some writers no less than death. It appears afterwards to have been reduced to the more equitable forfeiture of a certain portion of the delinquent's goods and chattels ; and now, of a considerable time, it has been the practice for the judge to direct an entire acquittal where the jury cannot convict of at least a manslaughter.
The word chattel-medley is sometimes used in place of chance-medley. They are nearly of the same import; the only difference, which arises merely from the ety mology, being, that the former is critically applicable, when reference is more particularly made to the heat of blood or passion in which the killing takes place; the latter, when it is to the casual or accidental nature of the rencounter. In common language, chance-medley is made to comprehend homicide by misadventure; but it is dis tinguished both by statute and law writers from every killing of that nature, by the circumstance of self-de fence, in the manner we have explained. (s. n.)