Chap. III
When any one is accused of Homicide,509 the Judgment is regulated by, and proceeds on, the distinction before laid down. It should, however, be observed, that it is not usual to dismiss upon pledges a person accused of this Crime, unless in compliance with the King’s pleasure. But there are two species of Homicide. The first is called Murder which is secretly perpetrated—no one seeing—no one knowing of it,510 save the person committing it, and his Accomplices, so that Hue and Cry511 cannot be presently made after the Offenders, as ordained by the Statute512 upon this subject.
To prosecute an accusation of this kind no one is admissible, unless he be of the blood of the deceased, and under such restrictions is this rule adhered to, that the nearer Heir shall exclude the more remote from the Appeal.513
There is also another species of Homicide, as appears from the general Term, which is called simple Homicide.
In this suit also no one is admissible to prove the Accusation, unless he be allied in blood to the deceased,514 or be connected with him by the tie of Homage, or Dominion, so that he can speak of the death upon the testimony of his own sight. It should also be added, that a Woman515 is heard in this suit, accusing any one of her Husband’s death,516 if she speak as being an Eye-witness517 to the fact, because Husband and Wife are one flesh. And a Woman is generally admitted to be heard, accusing any one of having committed an injury upon her person, as will be presently shewn. It is at the election of the accused either to abide by the Woman’s proof, or to purge himself by the Ordeal, from the crime imputed to him. A person accused of Homicide is sometimes compelled to undergo the legal Purgation, if he was taken in flight by a Crowd pursuing him, and this be regularly proved in Court by a Jury of the County.