Page:William Blackstone, Commentaries on the Laws of England (4th ed, 1770, vol IV).djvu/197

 Ch. 14. WRONGS. 185

in his own defence, mould have retreated as far as lie conveniently or fafely can, to avoid the violence of the afTault, before he turns upon his ailailant ; and that, not ficlitioufly, or in order to watch his opportunity, but from a real tendernefs of medding his bro- ther's blood. And though it may be cowardice, in time of war between two independent nations, to flee from an enemy ; yet between two fellow fubjects the law countenances no fuch point of honour : becaufe the king and his courts are the vindices in- juriarum, and will give to the party wronged all the fatisfadlion he deferves p. In this the civil law alib agrees with ours, or perhaps goes rather farther ; " qui cum aliter tuerife non pojfimt, " damni culpam dtderint, innoxii funt q. The party affaulted muft therefore flee as far as he conveniently can, either by reafon of fome wall, ditch, or other impediment ; or as far as the fierce- nefs of the allault will permit him r : for it may be fo fierce as not to allow him to yield a ftep, without manifeft danger of his life, or enormous bodily harm ; and then in his defence he may kill his affailant inftantly. And this is the doctrine of univerfal juftice s, as well as of the municipal law.

AND, as the manner of the defence, fo is alfo the time to be coniidered : for if the perfon afTaulted does not fall upon the ag- greflbr till the affray is over, or when he is running away, this is revenge and not defence. Neither, under the colour of felf defence, will the law permit a man to fcreen himfelf from the guilt of deliberate murder : for if two perfons, A and B, agree to fight a duel, and A gives the firft onfet, and B retreats as far as he fafely can, and then kills A, this is murder ; becaufe of the previous ma- lice and concerted defign '. But if A upon a fudden quarrel affaults B firil, and upon B's returning the aflault, A really and bonafide flees ; and, being driven to the wall, turns again upon B and kills him ; this may beje defcndendo according to fome of our writers u :

P i Hal. P. C. 481. 483. s Puff. b. 2. c. 5. . 13. Ff. 9. 2. 45. ' ! Hal. P. C. 479. ' I Ha!. P. C. 483. "i Hal. P. C. 483.

Vo L. IV. Z though