Sec. 319. Warrant no protection against murder.

"1 Murd.

What: art thou afraid?

2 Murd. Not to kill him, having a warrant for it; but to be damn'd for killing him, from the which no warrant can defend me."

The murderer here replies that he is not afraid of the law of man, for being armed with his warrant for the death of the prisoner, he is legally entitled to protection for his act. This, of course, is true, as matter of law." But a willful murder is never justified because of the possession of a warrant by the officer doing the killing.3 It is not so much the law of man, as it is the law of God, that the murderer fears, in this instance, however, for he is not without some religious scruples and knows the warrant can furnish him no protection for the violation of the Divine law against murder.*

Sec. 320. Guilty conscience.

"1 Murd. So when he open his purse to give us our reward, thy conscience flies out.

2 Murd. I'll not meddle with it, it is a dangerous thing, it makes a man a coward; a man cannot steal, but it accuseth him; a man cannot swear but it checks him; a man cannot lie with his neighbor's wife,

'King Richard III, Act I, Scene IV.

1 Bishop's Cr. Proc. 187-193.

'1 Bishop's Cr. Proc. 206-218.

Exodus, XX, 13.

A capital sentence, in England, has always been carried into effect by warrant. 1 Bishop's New Cr. Proc., Sec. 1336.

Before commission of the murder, when they go to Gloster, for the warrant, the first murderer said: "We are my lord; and come to have the warrant." And he tells them: "Glo.

I have it here about me." (Act I, Scene III.)

Menenius tells the tribunes of the people, in Coriolanus, on their condemning Coriolanus, untried: "Men. Do not cry havoc, where you should but hunt, with modest warrant." (Act III. Scene I.)

but it effects him: 'Tis a blushing, shame-faced spirit, that mutinies in a man's bosom; it fills one full of obstacles."

Conscience, in the law, is that faculty which leads us to decide as to our actions, condemning that which is wrong and commending the right. In other words, it is selfknowledge, or the principle which enables us to determine between right and wrong. The law, being based upon reason, pays the greatest deference to the individual conscience, so that what is known as the conscience clause of criminal laws, exempts those who have conscientious scruples against the death penalty, from jury service. Courts of equity are said to be "courts of conscience," and those who act in obedience to the dictates of reason or conscience, are protected in the law. The murderer, before commission of the crime, acts in violation of such dictates and is entitled to no law for such an act, because the law runs with and not against the conscience.

The above lines and others wherein the Poet presents the promptings of the conscience to the criminal, are frequently quoted in lawyers' work.

'King Richard III, Act I, Scene IV. 22 Kent's Comm. 13, et sub.

Before the sleeping Clarence awakes, the 2d murderer said: "'Faith, some certain dregs of conscience are yet within me." (King Richard III, Act I, Scene IV.)

Queen Margaret tells Richard, in King Richard III: "Q. Mar. The worm of conscience still begnaw thy soul." (Act I, Scene III.)

Speaking of the tyrant, Richard, Oxford is made to say, in King Richard III:

"Oxf.

Every man's conscience is a thousand sword,

To fight against that bloody homicide." (Act V, Scene II.) Speaking, after awakening from his dream, before the battle with Richmond, Richard III said: "K. Rich. My conscience hath a thousand several tongues, And every tongue brings in a several tale, And every tale condemns me for a villain." (Act V, Scene III.)

In bidding farewell to his friends, before his execution, Buckingham tells them, in King Henry VIII: "Buck. And. if I have a conscience, let it sink me, Even as the axe falls, if I be not faithful." (Act II, Scene I.)

The duke of Suffolk, talking with the lord Chamberlain, as to the contemplated divorce of the king and his attraction for Anne Boleyn, said:

"Cham. It seems, the marriage with his brother's wife, has crept too near his conscience.

Suff. No, his conscience has crept too near another lady." (Act II, Scene II.)

Urging his conscience as a reason to excuse his infatuation for Anne Boleyn, King Henry VIII said: "Would it not grieve an able man to leave so sweet a bed fellow? But, conscience, conscience, O, 'tis a tender place, and I must leave her." (Act II, Scene II.)

Speaking with Cardinal Wolsey, as to his contemplated divorce suit, King Henry VIII said: "K. Hen. O my Wolsey, The quiet of my wounded conscience; Thou art a cure fit for a king." (Act II, Scene II.)

And again, the King said: “K. Hen. This respite shook the bosom of my conscience, enter'd me, yea, with a splitting power, and made to tremble the region of my breast."

"Thus hulling in the wild sea of my conscience, I did steer toward this remedy, whereupon we are now present here together; that's to say, I meant to rectify my conscience." (Act II, Scene IV.)

After his fall Cardinal Wolsey said, in regard to the charges against him: "Wol. I feel within me, a peace above all earthly dignities, a still and quiet conscience." (Act III, Scene II.)

And speaking of Lord Chancellor More, chosen in his place, he said: "May he continue long in his highness' favor, and do justice for truth's sake, and his conscience." (Idem.)

Speaking of the beauty of Anne Boleyn, in King Henry VIII, a gentleman (?) said: "Our king has all the Indies in his arms, And more, and richer, when he strains that lady: I cannot blame his conscience." (Act IV. Scene I.)

Cranmer tells his peers, in the Council Chamber, in King Henry VIII: "Cran. That I shall clear myself, Lay all

the weight we can upon my patience, I make as little doubt, as you do conscience in doing daily wrongs." (Act V, Scene II.)

"1' Murd. Remember our reward, when the deed's done, 2' Murd. Come, he dies; I had forgot the reward."

A reward is an offer of recompense, given by authority of law, for the performance of some act for the public good, which is to be paid when the act is performed. A reward may be either offered by the Government, or by a private person and, of course, in this instance it was the latter case.

The reward was recognized, at common law, as such a potent factor in its effect upon the one desirous of the reward, that informers, entitled to reward, were not competent witnesses, in actions wherein the conviction or acquittal of a person, being tried, depended on the evidence of such informer.3

Aaron, the Moor, said to Lucius, in Titus Andronicus: "Aar.

I know thou art religious,

And hast a thing within thee, called conscience."

(Act V, Scene I.)

Contemplating the effect of his play, upon his Uncle, Hamlet The play's the thing, Wherein I'll catch the conscience of the king." (Act II, Scene II.)

said:

"Ham.

And after discoursing upon the uncertainties of that something after death which "must give us pause," Hamlet concludes: "Thus conscience does make cowards of us all; And thus the native hue of resolution, Is sicklied o'er with the pale cast of thought." (Act III. Scene I.)

'King Richard III, Act I, Scene IV.

24 Bl. Comm. 294.

'1 Phillipps, Evid., 92, 99.

Speaking of Buckingham's arrest, King Richard asks, in Richard III:

"K. Rich. Hath any well-advis'd friend proclaim'd

Reward to him that brings the traitor in?"

(Act IV, Scene IV.)

Sec. 322. Death without lawful conviction.

"Clar.

Before I be convict by course of law, To threaten me with death, is most unlawful."

To take away or deprive anyone of any right, except by course of law, is most unlawful, but of all the rights of the citizen, the right of personal security is the greatest and hence, to take one's life, except by "course of law," is the greatest injustice that can be offered one. A conviction, in practice, is the legal proceeding, by record, by which the guilt of a person accused of crime, is legally ascertained and upon which the sentence or judgment is founded. It is necessary that a lawful conviction precede a judgment or sentence and of course, to go clandestinely to a prison and take one, a prisoner, without trial, or lawful conviction and take his life, is the rankest injustice, as Clarence contended with his murderers.

Sec. 323. Divine law against murder.

"Clar. Erroneous vassal: the great king of kings
Hath in the table of his law commanded,

That thou shalt do no murder; Wilt thou then
Spurn at his edict, and fulfill a man's?
Take heed, for he holds vengeance in his hand,
To hurl upon their heads that break his law."3

When the murderers told Clarence that they were to kill him, in accordance with the order of the King, he confronts them with the ten commandments and especially the commandment against murder, and this law or edict he cites as the law of "the great King of kings." As compared to the mere order of the king, the law of

'King Richard III, Act I, Scene IV.

The murderer asks Clarence: "1 Murd. How can'st thou urge God's dreadful law to us, When thou hast broke it in such dear degree?" (Act I, Scene IV.)