Theologiae moralis: Tractatus I-VIII

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Eugenium Cummiskey, 1841

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Seite 103 - All murder which shall be perpetrated by means of poison, or by lying in wait, or by any other kind of wilful, deliberate and premeditated killing, or which shall be committed in the perpetration of, or attempt to perpetrate, any arson, rape, robbery or burglary, s'hall be deemed murder of the first degree, and all other kinds of murder shall be deemed murder of -the second degree...
Seite 276 - All the laws which have heretofore been adopted, used and approved in the Province, Colony or State of Massachusetts Bay, and usually practised on in the courts of law, shall still remain and be in full force, until altered or repealed by the legislature; such parts only excepted as are repugnant to the rights and liberties contained in this constitution.
Seite 270 - But in relation to those laws which enjoin only positive duties, and forbid only such things as are not mala in se, but mala prohibita merely, without any intermixture of moral guilt...
Seite 286 - Thirdly: as to artificial, voluntarily contracted madness, by drunkenness or intoxication, which, depriving men of their reason, puts them in a temporary frenzy: our law looks upon this as an aggravation of the offence, rather *than as an excuse for any criminal misbehaviour.
Seite 22 - But this must be an ignorance or mistake of fact, and not an error in point of law. As if a man, intending to kill a thief or housebreaker in his own house, by mistake kills one of his own family, this is no criminal action y : but if a man thinks he has a right to kill a person excommunicated or outlawed, wherever he meets him, and does so ; this is wilful murder.
Seite 270 - Dicuntur autem leges justae, et ex fine, quando scilicet ordinantur ad bonum commune; et ex auctore, quando scilicet lex lata non excedit potestatem ferentis; et ex forma, quando scilicet secundum aequalitatem proportionis imponuntur subditis onera in ordine ad bonum commune. Cum enim unus homo sit pars multitudinis, quilibet homo hoc ipsum quod est, et quod habet, est multitudinis, sicut et quadibet pars id quod est est totius; unde et natura aliquod detrimentum infert parti ut salvet totum.
Seite 234 - The law of nations is a complex system, composed of various ingredients. It consists of general principles of right and justice, equally suitable to the government of individuals in a state of natural equality and to the relations and conduct of nations; of a collection of usages, customs, and opinions, the growth of civilization and commerce, and of a code of conventional or positive law.
Seite 193 - God; again forasmuch as we know that Christ hath not only been manifested great in himself, but great in other his Saints also, the days of whose departure out of the world are to the Church of Christ as the birth and coronation days of kings or emperors, therefore especial choice being made of the very flower of all occasions in this kind, there axe annual selected times to meditate of Christ glorified in them...
Seite 275 - And thus much for the first ground and chief corner stone of the laws of England, which is general immemorial custom, or common law, from time to time declared in the decisions of the courts of justice ; which decisions are preserved among our public records, explained in our reports, and digested for general use in the authoritative writings of the venerable sages of the law.
Seite 237 - Europe, too closely pent up at home, finding land of which the savages stood in no particular need, and of which they made no actual and constant use, were lawfully entitled to take possession of it, and settle it with colonies.

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