that perfon, and the heir affert that they had both murdered him,
the evidence of both parties is null. The difference between acknowledgment
and evidence, in this inftance, is that in confe-
quence of both acknowledgment and teftimony it is proved that
each, refpefitively, was guilty of the murder, and each is accordingly
liable to retaliation independant of the other. In the former
inftance, however, the heir (in whofe favour the acknowledgment.
is made) falfifies the acknowledgment with refpeft to a
part of what is acknowledged,— whereas, in the fecond inftance,
he falfifies the teftimony of the witneffes with refped to &■ part
of the evidence they have delivered on his behalf;— and the Falfification
o f a part of an acknowledgment by the perfon in whofe
favour the acknowledgment is made does not invalidate the remainder,—
whereas the falfification of any part o f evidence, by the
perfon in whofe behalf it is delivered, invalidates the whole ; for
falfification is a reprobation*; and the circumftance of a witnefs
being reprobate is obftruftive to the reception of his evidence,-
but "the' fame circumftance is no obftade to the validity of an acknowledgment.
* T h e literal meaning" is 1 falfification render; r e p r o b a te that is, deffroys aperfoiA
credit by calling his veracity in q u e f t io n .-S o much technical matter occurs here that it is
difficult to render the paflage into intelligible E nglilh.
CHAP. V.
Of the Circumftances under which Murder takes place.
If a perfon fhoot an arrow at an apoftate, and the apoftate become
a Mwfftdmcm, and the arrow then hit and kill him,* the fhooter is not
liable to .any fine, according to all ourdottors; (and fo likewife, if a
perfon fhoot an arrow at a hoftile infidel, and the infidel become a
Mujfulman, and the arrow then hit and kill him;) for as the fhooting
at the perfon, whilft an apoftate or a hoftile infidel, was not an occasion
of refponfibility, becaufe of his not being then in a ftate of pro-
teftion, it follows that it does not become fo afterwards.
* In cafes o f w ilfu l murder the fin e js in general due (rot from the murderer, but} from
the murderer’ s A kilas.
I f
Cafe of
fhooting at a
Mujfulm an,
who, in the
inteiim, becomes
an
apojlate•
A perfon
fhooting at
an apoftate,
who, in the
interim, returns
to the
faith, incurs
no penalty.