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 a highway, and another that passeth by is killed therewith; 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 schoolmaster, &c., correct his servant or scholar, &c., exceeding the bounds of moderation; it is manslaughter; 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 manslaughter: but if another whips the horse, it is manslaughter 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 manslaughter by chance-medley or misadventure. In chance-medley, the offender forfeits his goods; but hath a pardon of course.