... Quaestiones controversas ex iure decerptas

A horizontal ornamental band at the top of the page consisting of repeating floral and scrollwork patterns.

QUESTION I.

Ornamental woodcut initial 'M' featuring foliage and architectural elements.There is great controversy among the Doctors as to whether it is a graver offense to commit a wrong than to omit a duty. We affirm that it is a graver offense to commit a wrong.

An offender who is intoxicated is to be punished more leniently than one who is sober; according to the text in law 'omne delictum' 6, paragraph 'qui se vulneravit', verse 'per vinum', Digest, 'de re milit.'; chapter 'inebriaverunt' 9, 15, question 1. This is to be understood, first, of him who is truly intoxicated and knows not what he does; 2. Limit of the rule: Unless someone has intentionally made himself drunk for this purpose, that he might afterwards commit an offense while intoxicated, in which case he is not to be punished more leniently.

An emphyteuta who ceases for three years to pay the canon, by the law itself forfeits the emphyteusis. Law 2, Code, 'de jure Emphyteut.'

The condiction of a certain thing is only one general action, comprehending several species under it; it is not, however, twofold, the one general and the other special.