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Browsing: Legal Papers of John Adams, Volume 3


This foot note contained in document LJA03d008
 
10. Reg. v. Mawgridge, Kelyng 119, 135, 84 Eng. Rep. 1107, 1114 (Q.B. 1707):
“Having . . . shewn what is not a provocation sufficient to alleviate the act of killing, so as to reduce it to be but a bare homicide, I will now secondly give some particular Rules, such as are supported by Authority and general consent, and shew what are always allowed to be sufficient provocations. First, If one Man upon angry words shall make an Assault upon another, either by pulling him by the Nose, or filliping upon the Fore-head, and he that is so assaulted shall draw his Sword, and immediately run the other through, that is but Manslaughter; for the Peace is broken by the Person killed, and with an indignity to him that received the Assault. Besides, he that was so affronted might reasonably apprehend, that he that treated him in that manner might have some further design upon him.”
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.
http://www.masshist.org/ff/