CHANCE-MEDLEY, in law, is where one is doing a lawful act, and a person is killed by chance thereby; for if the act be unlawful, it is felony. If a person casts, not intending harm, a stone, which happens to hit one, whereof he dies; or shoots an arrow in an highway, and another that passeth by is killed there-with; or if a workman, in throwing down rubbish from a house, after warning to take care, kills a person; or a schoolmaster in correcting his scholar, a master his servant, or an officer in whipping a criminal in a reasonable manner, happens to occasion his death; it is chance-medley and misadventure. But if a man throw stones in a highway, where persons usually pass; or shoot an arrow, &c. in a market place among a great many people; or if a workman cast down rubbish from a house, in cities and towns where people are continually passing; or a school-master, &c. correct his servant or scholar, &c. exceeding the bounds of moderation; it is man-slaughter; and if with an improper instrument of correction, as with a sword or iron bar, or by kicking, stamping, &c. in a cruel manner, it is murder. If a man whips his horse in a street to make him gallop, and the horse runs over a child and kills it, it is man-
slaughter: but if another whips the horse, it is man-slaughter in him, and chance-medley in the rider. And if two are fighting, and a third person coming to part them is killed by one of them without any evil intent, yet this is murder in him; and not man-slaughter by chance-medley or misadventure. In chance-medley, the offender forfeits his goods; but hath a pardon of course.