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Several Causes Pleaded in Several Courts of Judicature

Several Causes Pleaded in Several Courts of Judicature

pp. 172-183

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Edited by , Birkbeck College, University of London
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Summary

PART IV

Accusing and Pleading at the Bar before Jfudges, for and against a Woman that hath Killed her Husband

Most Reverend Judges,

The Plaintiff: This woman, who is accused not only for killing a man, but her husband, we have for this grievous and horrid fact brought before your honours, to be judged according to the laws, delivering her to your justice and judgement.

Defendant: Most Reverend, and Just Judges, ‘Tis true that this unhappy woman hath unfortunately killed her husband, but heaven knows, it was against her will, and as I may say against her knowledge: for her husband and she being lovingly together, not mistrusting any danger, on a sudden came a man who, as it seems, was her husband's enemy, for he assaulted her husband with a drawn sword; this woman seeing her husband in danger, as being unarmed and defenceless, was so afrighted as she knew not what she did; wherefore, she having got a dagger which lay in the room they were in, and thinking to thrust it into her husband's enemy, unawares thrust it into her husband's body, wherewith he feil down and immediately died, which when she saw and perceived the mistake, she was as distracted and at last feil into a trance, but being recovered out of that faint fit, she hath since remained a most sorrowful and lamenting widow; I express her sorrow, to prove her innocence from all evil constructions; for the death of her husband was not designed or intended by her, but by Fate and Fortune; and it is the duty of a loving wife, to defend her husband's honour, person, and life with all her endeavours, and if the success of her honest, loyal, and loving endeavours falls out unfortunately she ought not to be punished for her misfortune; for misfortune is no crime, but rather to be pitied and comforted, neither can justice make misfortune a law to condemn to die; and shall duty and loyalty be made traitors? Shall honest love be punished with torments and death? No, Most Reverend Judges, love and loyalty ought to be honoured with praise and respect, and not with torments and death, and the death of this woman's husband was caused by a maskered fear proceeding from an extraordinary love.

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