Question XI: On accidental homicide

Casual homicide is that which takes place beyond intention, as St. Bonaventure teaches serm. 6. in Decal.; St. Thomas 2. 2. quaest. 64. art. 8.

For casual homicide, therefore, the Saintly Doctor gives this rule: if, while engaging in a licit undertaking, he applied sufficient diligence that homicide should not follow, and it should nevertheless follow, it will in no way be imputed to him, because that death was willed neither in itself nor in its cause; wherefore he will not be irregular. So with St. Bonaventure; Lessius Tom. 1. Lib. 2. dub. 15. num. 703; Suarez de censur. disp. 45. sect. 5. and 6; Farinac. Tom. 4. quaest. 126. n. 74; Ayrenius Tract. de homic. casuali, part. 3. num. 10; Tolet. Lib. 5. sum. cap. 7; Fagundez L. 5. cap. 14. num. 10; Bassaeus, V. Homic. 2. num. 1; with St. Thomas quaest. 64. art. 8, where see Sylvestrus and Cajetan ad 1.

They state the same even if he were engaging in an illicit undertaking; because, although in this there would be fault in order to the prohibition, say the exploding of a war engine, or hunting, yet there would not be fault in order to the homicide or mutilation; and this perhaps is what the Saintly Doctor means when he says that then the killer is excused from so much, not from all.

You will ask: whether one who kills another in a sudden and unexpected brawl can be dispensed from irregularity by the Bishop, who, according to the Council of Trent, sess. 14. cap. 7, can dispense from irregularities contracted through occult casual homicide.

Molina denies it Tom. 4. de iustitia, tract. 3. disp. 70; so too Suarez in 3. part. tit. 5. de censur. disput. 94. sect. 1.

Diana maintains it p. p. Tract. 1. Miscell. resol. 19; so too Didacus Perez Lib. 8. ordin. tit. 13. in Rubr. fol. 256; Avila Tract. de censur. part. 7. disp. 6. sect. 2. dub. 1. and sect. 5. dub. 5; Coninchyus de sacr. disp. 18. dub. 14. num. 11; Rodriquez in summa, p. p. cap. 177; Henriquez, and Salzedo, as cited by Diana; Fagundez L. 5. cap. 12. num. 11.

In St. Bonaventure I find only in confessionali, cap. 5. particula 49. casu 1 that the dispensation of casual homicide is referred to the Bishop, not of voluntary homicide; but this is voluntary.