Plains of Abraham and slain a hundred Frenchmen apiece, the English
law would have considered it as a commendable action, virtuous and
praiseworthy; so that every instance of killing a man is not a crime
in the eye of the law. There are many other instances which I cannot
enumerate--an officer that executes a person under sentence of
death, etc. So that, gentlemen, every instance of one man's killing
another is not a crime, much less a crime to be punished with death.
But to descend to more particulars.

The law divides homicide into three branches; the first is
"justifiable," the second "excusable," and the third "felonious."
Felonious homicide is subdivided into two branches; the first is
murder, which is killing with malice aforethought; the second is
manslaughter, which is killing a man on a sudden provocation. Here,
gentlemen, are four sorts of homicide; and you are to consider
whether all the evidence amounts to the first, second, third or
fourth of these heads. The fact was the slaying five unhappy persons
that night. You are to consider whether it was justifiable,
excusable, or felonious; and if felonious, whether it was murder or
manslaughter. One of these four it must be. You need not divide your
attention to any more particulars. I shall, however, before I come
to the evidence, show you several authorities which will assist you
and me in contemplating the evidence before us.

I shall begin with justifiable homicide. If an officer, a sheriff,
execute a man on the gallows, draw and quarter him, as in case of
high treason, and cut off his head, this is justifiable homicide. It
is his duty. So also, gentlemen, the law has planted fences and
barriers around every individual; it is a castle round every man's
person, as well as his house. As the love of God and our neighbor