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[42] Why, it is clear that even the makers of our laws did not think well, when people happened in a fight to break each other's heads, to make it a case for banishment from their country; else they would have exiled a goodly number. But in the case of any persons who, designing to kill, wounded others without being able to kill them, they appointed the punishment in that degree of severity, judging it meet that where they had shown design and premeditation they should pay the penalty: though if they might not have succeeded, none the less their best efforts had been exerted.1

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