^ 185^6.] Lecture on Verbicidc — liy a Man of ihc Law. 365 



So, where one 8. R. went into another's enclosure, and taking aim at 

 certain words, he not being duly qualified, intending to convert the same 

 to his own proper use and behoof, they, the said certain words, not 

 being lawful game, nor ferce naturce, nor vermin by law, nor partially 

 set apart and reclaimed, but altogether reclaimed, appropriated, and 

 marked by the proprietor, like his barn-yard poetry,* missed the object, 

 and brought down, killed, maimed, murdered, mutilated, disfigured, and 

 jOtlierwise destro3fed, with sticks, staves, guns, bullets and powder (value 

 ,two-pence), another innocent word, which he did not perceive at the time, 

 against the peace of our Lord the King, &c. — Ruled verbicide, with 

 nsalice aibrethought, or prepense ; or, in other words, a wilful punning, 

 without either justification or excuse.f 



N.B. — Hiul these words been destructive, dangerous, and wild, by 

 nature, they might have been lawfully pursued and quelled by anybody, 

 over anybody's ground ; or if partially reclaimed imd subdued, like swans, 

 cockne3'isms, Greek epigrams, rabbits in a warren, beasts of venery, pro- 

 vincialisms, or unpublished circulating jokes, and the very same accident 

 had occurred to the pursuer, he being duly qualified for the chacc or 

 pursuit, and making use withal of a reasonable discretion (together, if 

 you please, witli his powder, ball and fire-arms), the above offence would 

 Jbave been ruled of a " much inferior degree' — that is, " of a different 

 nature" 



And so too, if a man let off a pistol or a joke at a multitude, without 

 any particular aim ; or if he let go a vicious animal, as a furious buUJ 

 among a crowd, so that a mischief occur, although it occur to a stranger, 

 the law will charge the said letter-go of the said pistol, joke, or vicious 

 animal or furious bull, with all and every consequence of the said letting- 

 go aforesaid, whatever such all and every circumstance may be ; infer- 

 ring express, deliberate malice, if a pun occur thereby, without excuse, 

 or permission, or authority, or justification of law, as much as if that 

 particular pun were particularly intended to be brought about by a man 

 so letting-off at a multitude, or so letting-go in a crowd.§ 



And so too, where, in the doing of that which is enjoined or permitted 

 by law, as where punishment is allowed for a wife, with a particular in- 

 strument, not thicker tlian your thumb, if such punishment be too 

 severely administered, as it may be, either because of its duration, or 

 because of the size or shape of the instrument ; and if a pun follow, the 

 offender will be adjudged, as above :|| as where one A. B. desiring to 

 achieve a pun, at a public meeting, where he was permitted by law to 

 joke with a reasonable care, at the expense of the public, personated a 

 Jew, for the particular purpose of the moment, while heaving at a 



• Qxi&ry poukn/ F Rex v. Rogers- 3- Crabbe. — N.B. It is not generally knoMii, per- 

 liaps, that one of the parties here was recommended to .mercy, and that the other 

 was re-^pited. 



f Rex V. MUar (Joe), and Httghes (B). 



t O'ConneWs Affair. 1 . Irish State Trials. 



§ It would be no answer for die accused, in such a case, to aver, that he had no 

 knowledge of that individual sufferer, and tliat, therefore, the presumption 

 of malice aforethought was capable of being " negatived," so far, at least, as one 

 degree of legal certainty, certainty to a reasonable degree, will go ; because the law, 

 in its humanity, implies a general, although not a special malice to suit the occasion. 

 Vide Hale. P. C. 



II Query as Above, or as Below ? <js Above, would imply great presumption ; as- 

 Below, greater profligacy. Bidl, N. P. 



