412 Chap.4: OfMother committed indireWfy. Corn.6. every one ought by all Law, plusfaverevicefoe quam alien, have more refpeft to his own life, than the life of another. 2. Another divilion is here to be confidered, a man may be Rain either ex into:. tione, or ?weer intentionem,either ofpurpofe, or befides it. Innatural things, we do not afcribe that effect to nature, which is only per accident, by accident, and not per fi. Now anfwerable to this diftinótionofperfe, and per accident ip things natural, is that ofex intentione, and preter intentionem, in things Moral ; and therefore if blood be flied preter intentionem,without any purpofe of(bedding it, this is not to beaccounted Murder. For God himfelfappointed SanEìuaries to be built for them to¡tie unto that (liedbloud preter intentionem, and God would not build San&ua_ Dent. 19.4. ries for any fin. ifone be hewing a tree in the Wood, and his Hatchet fall , and by Exod. 21.13. chance kills his Neighbour, hehaving no fuch intent or purpofe the Congregation Numb.3.9,tt. mull deliver bim from the avenger ofblond, and re/torehim to the City of refuge. Saint Augnluee goes further, and proves that the intention is fo neceffary in Murder, that ifwe take what is preter intentionem for murder, thenwe muff ceafe tohave, or ufe any thing thae.may be an occafion of hurt : a man muff not haveferramensa, infiru- mentsof Husbandry, or Spades, Axes, &c. becaufe with there a man maybe kil- led ; nor muff one have Trees in his Orchard, or Oxen to plowwithal, becaufe a man may hang himfelf on one of the Trees, or the Oxemay gore ; nor have any windows in his houfe, becaufe onemay be cart out ofa window and be (lain : thus by this meansa man muff have nothing, becaufe almoff every thing may be ufedpre. ser intentionem,befides his intention. But abfit,agile faith, Godforbid, when they are kept for another end. Yet to makea man innocent in thiscafe, that kills one preter intentionem, betides his intention, there muff be twoqualifications. r. He mull have been imployed inre licita, in a lawful bufinefs, otherwife heir not to be excufed. ifinen ffrive .( faith the Law) and hurt aWoman with Child, ] xod. I. 22. that the die, then lifefor life muff be paid. Thisincafeofcontention, which is res illicita, an unlawfulad. The likemayhe raid in gaming;drinking, and the like. 2. There muff bedebita falicitudo,a due and julf care taken, to have preventedhis death, as in calling Timber, Stone or Tile fromaHoule, to give warning : the cafe 33 is let down inExodus, ofaman opening or digging a Pit, and not covering it again as hemight have done. CHAP. IIII. 7be extent ofthis Commandment. Murder committed , r. Diretily, 2..Indireíily. A manmay be accefory to another, death fixways. A man maybe accefry to his own death divers ways. Of preferving life. THus much for the rel3raint of the Commandment, and in what cafes thedeath of a man comes not within thecompafs ofmurder : Now for the extent ofit. There are diverscafes whereina manis guilty ofwilful murder ; and that either, T. Direly, 2. or Indirectly. Aman may commit this fin, a Sam. 3. 27. r. Direuefly, as Joab killed Abner and Amafa. gone man (miteanother withany 20. 10. inftrument ofIron, Stone, Wood,&c. whereby he kills him, he is a Murtherer, faith Numb-35.x16, theLaw, and mull die for it. a sotbe 17,18. vulgar ?. indfreftly, and this is of three forts. Latinereads it, r. When it is not openly profefred oraûed , but in fotne colourable way: as, which the Au- I By poyfon, as they in Jeremy, Mittamtt lignum in panem ejus; letus put fome tbor follows. o oned wood into his meat 2. B Witchcraft and Ssrcerie forbidden under the Jernt.; :i9 Law. By killing children inshe womb, by medicamema anticidia a grievous Dent. 18. 10. 3. Y k . Y g conch. Ancyr. murder, anathematized by two Councils. If a woman take firong Purgations cas. 21, abigere parfum, to caufe Abortion, the is Hamicida, a Murtherelfe. 4. If a coned& worm. man be Cooperator, Accefrie: as r. judos was acceffory to Chrifts death, by a 3526 40 betraying himwith a kiffe he coloured the another with a kiffe. Sodid 7oab, when
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