This foot note contained in document LJA02d077
32. Reg. v. Tooley et al., 2 Ld. Raym.
1296, 92 Eng. Rep.
349; sub nom.
The Case of the Reforming Constables, Holt K.B.
485, 90 Eng. Rep.
1709). Constable arrests a woman without a warrant; prisoners attempt to rescue her; constable calls deceased to aid him; one of the prisoners kills deceased. Held:
Manslaughter, because constable was not acting within his authority, and the prisoners had sufficient provocation to attack him. “[I]f one be imprisoned upon an unlawful authority it is a sufficient provocation to all people out of compassion; much more where it is done under a colour of justice, and where the liberty of the subject is invaded it is a provocation to all the subjects of England.” 2 Ld. Raym.
at 1301, 92 Eng. Rep.
at 352; see also Holt K.B.
at 489, 90 Eng. Rep.
Cite web page as: Founding Families: Digital Editions of the Papers of the Winthrops and the Adamses, ed.C. James Taylor. Boston: Massachusetts Historical Society, 2007.