privilege. In the case of the whale, it suffices, according to some, if the king has  the head and the queen the tail.
If the sworn assises of the realm are not observed.
 It is also1 a serious contempt against the king and his crown and dignity if the  assises established and sworn within his kingdom for the common welfare of his  realm are not observed,2 as may be seen above among the chapters of the eyre.3  Hence, depending upon the nature of the offences, sometimes bodily punishment  is inflicted on the wrongdoers, that is, the pillory or the ducking-stool with infamy,  in accordance with the statutes of the realm, sometimes a pecuniary penalty,  sometimes abjuration of the vill.4
The crime of homicide and the divisions into which it falls.
 Among other crimes there is a capital crime [called homicide], which partly concerns  the king, whose peace is broken, and partly the private individual who is  slain wickedly and in breach of the king's peace.56Hence we must see what it is  and why it is so called, its various kinds, and the punishment imposed. Homicide  is the slaying of man by man. If it is done by an ox, a dog or some thing it will  not properly be termed homicide. For it is called homicide from homo and  caedo, caedis, man-killing, so to speak. There are several kinds of homicide,  for one is spiritual, the other corporal,7 but of spiritual homicide we have nothing  to say here at the moment. 8Corporal homicide is where a man is slain bodily,  and this is committed in two ways: by word or by deed. By word in three ways,  that is, by precept, by counsel, and by denial9 or restraint.1011By deed in four  ways, that is, in the administration of justice, of necessity, by chance and by  intention. In the administration of justice, as when a judge or officer kills one  lawfully found guilty. But it is homicide if done12 out of malice or from pleasure  in the shedding of human blood [and] though the accused is lawfully slain, he who  does the act commits a mortal sin because of his evil purpose. But if it is done from a  love of justice, the judge does not sin in condemning him to death, nor in ordering  an officer to slay him, nor does the officer sin if when sent by the judge he kills  the condemned man. But both sin if they act in this way when proper legal procedures  have not been observed.1314Of necessity, and here we must distinguish  whether the necessity was avoidable or not; if avoidable and he could escape without  slaying, he will then be guilty of homicide;15 if unavoidable, since he kills  without premeditated hatred
4. Supra 289-290, 298, 299; C.R.R., xiii, no. 2787, xiv, no. 1994; the pillory and the tumbrel are prescribed in Judicium pillorie, St. of the Realm, i, 201; for Br's use of the word statute, Richardson and Sayles in L.Q.R., 1, 202