Note 1 — 3. OF HOMICIDE GENERALLY.

“But there is a particular kind of manslaughter proper to be considered here, from which the benefit of the clergy is taken away by Ja. 1, c. 8.” “Where any person shall stab or thrust any person or persons that hath not then first striken the party which shall so stab or thrust, so as the person or persons so stabbed or thrust, shall thereof die within the space of six months then next following, although it cannot be proved that the same was done of malice forethought.” See 1 Hawk. P. C. This statute was passed in consequence of the numerous murders committed by the Scots, who with their dirks stabbed before an ordinary weapon could be drawn.

For an extraordinary case on this statute, and much learning on the subject, see the trial of William Chetwynd for the murder of Thomas Rickets. 18 How St. Tri. p. 290.