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. Robertus Maranta, Praxis, sive de ordine judiciorum . . . vulgo speculum aureum et lumen advocatorum
51 (Cologne, 1614). The editors' translation follows; passages omitted by JA
, except omitted citations, appear in brackets:
This is evident, because homicide perpetrated by fault is said to be an offense which
the law does not cover and is punished with discretionary penalties. Whenever a married
man slays the wife he has caught in an act of adultery, he is not given the death
penalty but another milder corporal punishment; and this is because this sort of homicide
is said to have been committed through fault, but not with evil intent, since it occurred
in a situation in which it was difficult to control righteous indignation. [For in
his guilty frame of mind there was an element missing due to the justification, and
so he is punished more mildly than the man with a guilty frame of mind.] Therefore,
since it appears from the aforesaid that a homicide perpetrated through fault is to
be punished by a penalty that is discretionary and out of the ordinary course, it
necessarily follows that a judge cannot impose the death penalty, which is the ordinary
punishment [for in his discretionary judgments a judge can never impose a punishment
like an ordinary punishment for a similar wrong].
Cite web page as: Founding Families: Digital Editions of the Papers of the Winthrops and the Adamses, ed.C. James Taylor. Boston: Massachusetts Historical Society, 2014.