Gorleston Psalter,
London, British Library add. 49622 fol. 210v
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Huguccio, Summa decretorum to D.1 c.7,
Distinctiones I-XX,
ed. Oldřich
Přerovský (Monumenta iuris canonici, Series A, 6. Città del Vaticano:
Biblioteca Apostolica Vaticana, 2006) 42.
Adhering to the norm of
moderamen
inculpatae tutelae, means that if you are attacked with arms you may
resist with arms. If you would be attacked by persons without arms, you
cannot repel your attacker with arms without punishment. But can I not
strike back with a lance, knife or sword a person who has struck with a
staff, club, or stone? Does the definition of arms include stones and
clubs?Is it not permitted to strike back with a larger or longer lance,
knife or stone when one is struck with a smaller one? To this last question,
I believe it is permitted. To the first question I think that it is
permitted to strike with a staff, club or stone no matter what their size,
and it is not permitted to strike back with a lance, knife, sword or other
metal. This will be judged according to the decision of a judge and good
men.
K. Pennington, "Moderamen inculpatae
tutelae: The Jurisprudence of a Justifiable Defense," Rivista internazionale
di diritto comune 24 (2013) 27-55.
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