MURDER. In tho earlier periods of English jurisprudence, murder, tnunlrent, was a term used to describe the secret destruction of life, witnessed and known by none besides the slayer and any accomplices that he might have ; so that the huo and cry, which the law required to be made after malefactor!, could not be raised.
Illurdrein was also the name of an amereetnent or pecuniary penalty imposed, until the reign of Edward upon the county or district in which such a secret killing had taken place. One of the modes of escaping from this penalty was, a presentment of Englisluy ; in other words, a finding by the coroner's inquest, upon the statement of the relations of the deceased, that he was an Englishman; the sole object of the amercement having been the protection of Danes, and afterwards of the Normans, from assassination by the English. (Glanville; Reeves.) By the grant of " murdm," which is commonly found in ancient charters of franchises, the right to receive these amercements within the particular districts, passed from the crown to the grantee. AIIICT00 ments for non-presentment of Englishry were abolished in 1340, by 14 Edw. III., et. 1, c. 4.
As the law formerly stood, every destruction of human life, not effected in this secret manner, with whatever circumstances of malig nity and cruelty it might be accomplished, was treated as simple homi cide. The law appears to have been gradually altered by the judges, in order to reach atrocious criminals whose offences would not formerly have been punishable as murder. As the law now stands, murder is the destruction of human life, accompanied with an intention on the part of the perpetrator of the offence to kill or do great bodily harm, or wilfully to place human life in peril ; or resulting from an attempt to commit some other felony ; or occurring in the course of resistance offered to ministers or officers of justice, or others rightfully engaged in carrying the law into execution. All other cases of culpable homi cide, in which death is produced involuntarily, but is occasioned by want of due caution ; or where, though death is produced voluntarily, the crime is extenuated by circumstances; or where a minister or officer of justice is killed, but sufficient authority' did not exist, or was not communicated to the party before the fatal blow was given ; or where any other circumstances essential to the crime of murder are wanting—amount only to simple felonious homicide, or, as it is com monly called, without regard to the age or sex of the party killed, manslaughter.
The law recognises the right of taking away life in the necessary defence of person or property, and it admits, in some cases, previous provocation as an extennation of the offence. On the other hand, it makes special provision for the protection of officers and ministers of justice, 'where the killing of such officer or minister, though culpable, does not under the circumstances amount to murder.
In the modern law of England the crime of murder is characterised by having been committed with malice aforethought, or,. as it is some times called prepense ; which term, though in its ordinary signification it imports premeditation, has been extended to cases not only where the offender acts from a motive of ill-will towards another, with an express intention to destroy or injure him, but also where, without the existence of express malice, it is considered necessary, on grounds of policy, to punish homicide with the highest degree of severity.
The term " malice aforethought " is therefore frequently applied to a state of things in which no malice is felt in the ordinary sense of the term, but is only malice in a legal sense, by construction of law.
If A shoots at B with intent to kill him, but by mere accident kills C, this is a killing from implied malice. If A, by throwing a heavy stone from the roof of a house into the street in which he knows that people are continually passing, kills B, a mere stranger, this also is a killing from implied malice.