1. A Criminal, He is a Murderer: There are three Particulars mentioned which if they […] the Person is guilty of Murder: 1. If he smites another man, h. e. if he does so, not accidentally but designedly. 2. If the Instrument which he smites him with be of Iron, that makes the Murder to be the more evident. In the Verses following it is added, That if he smite him mortally ⟨p. 2⟩with a Stone or with Wood, he shall be accounted a Murderer. The Jewish Writers tell us,(a) That if a man were slain, there was diligent enquiry made concerning the Instrument, whereby he was killed: If it was with a Stone or with Wood, they examined whether the stone or wood were of that Bigness as that the dead man might probably receive his Deaths Wound thereby: But (they say) if it were with an Instrument of Iron, […] enquiry was made as to the greatness of it, because the least nail of Iron might easily kill. And it is to be presumed, that a man will not strike another with an Instrument of Iron, except Blood and Murder be in his Heart. 3. If the Wound prove mortal, then the Striker is guilty of Murder. Tho a man should smite another, and that with an Instrument of Iron, if Death does not follow, he is not guilty of that high degree of Murder which the Text speaks of; but if he smite his Neighbour so that he dye, then he is a Murderer.
1. A Criminal, He is a Murderer: There are three Particulars mention'd which if they 〈…〉 the Person is guilty of Murder: 1. If he smites another man, h. e. if he does so, not accidentally but designedly. 2. If the Instrument which he smites him with be of Iron, that makes the Murder to be the more evident. In the Verses following it is added, That if he smite him mortally ⟨p. 2⟩with a Stone or with Wood, he shall be accounted a Murderer. The Jewish Writers tell us,(a) That if a man were slain, there was diligent enquiry made concerning the Instrument, whereby he was killed: If it was with a Stone or with Wood, they examin'd whether the stone or wood were of that Bigness as that the dead man might probably receive his Deaths Wound thereby: But (they say) if it were with an Instrument of Iron, 〈…〉 enquiry was made as to the greatness of it, because the least nail of Iron might easily kill. And it is to be presumed, that a man will not strike another with an Instrument of Iron, except Blood and Murder be in his Heart. 3. If the Wound prove mortal, then the Striker is guilty of Murder. Tho a man should smite another, and that with an Instrument of Iron, if Death does not follow, he is not guilty of that high degree of Murder which the Text speakes of; but if he smite his Neighbour so that he dye, then he is a Murderer.
- (a)v. Grotium & Ainsworth in loc.
