Mosaycarum et Romanarum legum collatio

TITVLVS L Title 50

and so on. After relating the words of the law, Ulpian himself speaks: This law does not punish everyone who walks with a weapon, but it restrains and keeps in check only him who carries a weapon for the purpose of killing a man or committing theft. Likewise, it restrains him who has killed a man: nor did it add of what condition the man is, so that this law seems to pertain to both a slave and a foreigner.

LIKEWISE PAUL in the same book and title, says: A MURDERER is he who has killed a man with any kind of weapon, or has provided the cause of death.

LIKEWISE concerning accidental homicides, MOSES legally says: BUT IF not through enmity he has thrown some vessel upon him without ambush, or a stone by which he might die, not through malice, and it has fallen upon him, and he has died, if he is neither his enemy, nor has he sought to do him harm, you shall judge between him who has struck and the next of kin of the dead according to these judgments, and you shall free the striker.

ULPIAN in the book and title cited above. THE DISTINCTION between accident and intent in homicide is confirmed by a rescript of Hadrian. The words of the rescript: AND he who has killed a man is usually acquitted...