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480. X. AMERICAN STATE TRIALS.

at certain critical seasons, even in the mildest government,
the people are liable to run inte riots and tumults. There
are church quakes and state quakes, in the moral and
political world, as well as earthquakes, storms and tempeata,
in the physical. Thus much, however, must be said in favor
of the people and of human nature, that it is a general if not
an universal truth, that the aptitude of the people to muti-
nies, seditions, tamults and insurrections, is in direct propor-
tion to the despotism of the government. In governments com-
pletely despotic, where the will of one man is the only Jew,
this disposition is most prevalent; in aristocracies, next; in
mixed monarchies, less than in either of the former; in com-
plete republics, least of all; and, under the same form of
government as in 8 limited monarchy, for example, the virtue
and wisdom of the administration may generally be meas-
ured by the peace and order that are seen among the people.
However this may be, such is the imperfection of all things
in this world, that no form of government, and perhaps no
wisdom or virtue in the administration, ean at all times avoid
riots and disorders among the people.

Lord C. J. Holt, in Mawridge’s Case Kelyng 128, says,
“Now it hath been held, that if A of hia malice prepensed
assaults B to kill him and B draws his sword and attacks A
and pursues him, then A for his safety gives back and re-
treats to a wall, and B still pursuing him with his drawn
sword, A in his defense kills B. This is murder in A. For
A having malice against B, and in pursuance thereof endeay-
oring to Kill him, is answerable for all the consequences of
which he was the original cause. It is not reasonable for any
man that is dangerously assaulted, and when he perceives his
life in danger from his adversary, but to have liberty for the
security of his own life, to pursue him that maliciously as-
saulted him; for he that hath manifested that he hath malice
against another, is not fit to be trusted with a dangerous
‘weapon in his hand—And go resolved by all the Judges when
they met at Seargent’s Inn, in preparation for my Lord Mor-
ley’s trial.”

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