Browsing: Legal Papers of John Adams, Volume 2

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. 1167 (Q.B. 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. at 1169.