When it is against our will, and we think nothing of it, as he which felleth a tree,1 and his axe head falleth, and hurteth, and killeth a man: in which case he shall have the benefit of Sanctuary, and tarry to the death of the high Priest. But it is to be noted, that that is in case a man be about a good work: but if he kill a man at unawares, in burling stones to no use; or if a drunkard in reeling should fell another, whereof he should die; they ought also to die. Secondly, when one giveth not place to the fury of another, as Jacob ⟨p. 108⟩did to Esau by his mothers counsel.2 Thirdly, when one defendeth not himself without injury, or purpose of revenge,3 or to hurt his adversary, and not only to save himself. Fifthly, when a man surfeiteth or eateth out of time, or spendeth himself by unchaste behaviour. Sixthly, when a man neglecteth physic to preserve or recover health,4 so that it be after he have first sought unto God. Seventhly, when he useth not the honest recreation, wherewith his health may be maintained:5 for we must not think that there are no more ways to kill a mans self but with a knife, &c. Eighthly, to this indirect murder belongeth, when women with child, either by misdiet, or strain by reaching, and much more by dancing, either hurt the fruit of their womb, or altogether miscarry. Ninthly, when stairs are so made that they are like to hurt either children, servants or others: or when wells and ditches are not covered or fenced: whereunto belongeth that the Lord commanded the Israelites to have battlements upon their houses.6
When it is against our wil, and we thinke nothing of it, as he which felleth a tree,1 and his axe head falleth, and hurteth, and killeth a man: in which case he shall haue the benefit of Sanctuarie, and tarrie to the death of the high Priest. But it is to be noted, that that is in case a man be about a good worke: but if he kill a man at vnawares, in burling stones to no vse; or if a drunkard in reeling should fell another, whereof hee should die; they ought also to die. Secondly, when one giueth not place to the furie of another, as Iacob ⟨p. 108⟩did to Esau by his mothers counsell.2 Thirdly, when one defendeth not himselfe without iniurie, or purpose of reuenge,3 or to hurt his aduersarie, and not only to saue himselfe. Fiftly, when a man surfeteth or eateth out of time, or spendeth himselfe by vnchast behauiour. Sixtly, when a man neglecteth physicke to preserue or recouer health,4 so that it bee after hee haue first sought vnto God. Seuenthly, when hee vseth not the honest recreation, wherwith his health may be maintained:5 for we must not think that there are no more waies to kill a mans self but with a knife, &c. Eightlie, to this indirect murther belongeth, when women with child, either by misdiet, or straine by reaching, and much more by dancing, either hurt the fruit of their wombe, or altogether miscarrie. Ninthly, when staires are so made that they are like to hurt either children, seruants or others: or when welles and ditches are not couered or fenced: wherunto belongeth that the Lord commanded the Israelites to haue battlements vpon their houses.6
- 1Deut. 19 4.
- 2Genes. 27.44. Rom. 12.21.
- 3Exod. 22. John 5. Prou. 7. & 25.15. Eccles. 10.16.Exod. 22. Iohn 5. Prou. 7. & 25.15. Eccles. 10.16.
- 42. Chron. 16.12.
- 5Judg. 14.12. 2. Kings 1.2.
- 6Deut. 22.
