2. Capital Murder is wilful. There is a difference between Murder and casual Homicide, or accidental Manslaughter. If a man shoots an Arrow, or throws a stone, or the like, not thinking that any one will be hurt thereby; in case it should happen to kill a man, it is not Murder▪ If he did it ignorantly, unawares, and no way sought the harm of the slain man, he is not to be punished as a Murderer. This we see in the Context, ver. 15. to 26. The City of Refuge was for such an one; Deut. 19. 4. […]. And this is the case of the slayer which shall flee thither, that he may live: whosoever killeth his neighbour ignorantly, whom he hated not in time past; as when a man goes into the Wood with his neighbour to hew wood, and his •••d fetcheth a stroke with the A•, to cut down the tree, and the •e•d slippeth from the helve, & light• upon his neighbour that he die, he shall flee unto one of those cities and live. Not but that a man may ⟨p. 5⟩•e guilty of Murdering his Neighbour, tho he did not intend to kill him; namely, If he did smite him in Anger, or intend to harm him, as the expression is in the 23. ver. of this Chapter. And it is here expressly declared, not only that he who shall lye in wait, or watch for an opportunity to destroy his Neighbour, or that did formerly […] him shall be judged a Murderer, but if he smi•e him in emnity that he dy• v. 21. i.e. in an hostile way: tho he had no quarrel with him before, if he fall out with him, and in his passion smite him a mortal Blow, he hath murdered his Neighbour, and is guilty of death. This is presumptuous Murder, the heart was in it, nor can it be said to be done ignorantly. There is another clear Scripture which proves, that if persons fall out, and in the strife one shall strike the other a deadly blow, life shall go for life. Ex. 21. 14, 21, 22.
2. Capital Murder is wilful. There is a difference between Murder and casual Homicide, or accidental Manslaughter. If a man shoots an Arrow, or throws a stone, or the like, not thinking that any one will be hurt thereby; in case it should happen to kill a man, it is not Murder▪ If he did it ignorantly, unawares, and no way sought the harm of the slain man, he is not to be punished as a Murderer. This we see in the Context, ver. 15. to 26. The City of Refuge was for such an one; Deut. 19. 4. 〈…〉. And this is the case of the slayer which shall flee thither, that he may live: whosoever killeth his neighbour ignorantly, whom he hated not in time past; as when a man goes into the Wood with his neighbour to hew wood, and his •••d fetcheth a stroke with the A•, to cut down the tree, and the •e•d slippeth from the helve, & light• upon his neighbour that he die, he shall flee unto one of those cities and live. Not but that a man may ⟨p. 5⟩•e guilty of Murdering his Neighbour, tho he did not intend to kill him; namely, If he did smite him in Anger, or intend to harm him, as the expression is in the 23. ver. of this Chapter. And it is here expresly declared, not only that he who shall lye in wait, or watch for an opportunity to destroy his Neighbour, or that did formerly 〈…〉 him shall be judged a Murderer, but if he smi•e him in emnity that he dy• v. 21. i.e. in an hostile way: tho he had no quarrel with him before, if he fall out with him, and in his passion smite him a mortal Blow, he hath murdered his Neighbour, and is guilty of death. This is presumptous Murder, the heart was in it, nor can it be said to be done ignorantly. There is another clear Scripture which proves, that if persons fall out, and in the strife one shall strike the other a deadly blow, life shall go for life. Ex. 21. 14, 21, 22.
