Yea take the Proposition as it is propounded, that Whatsoever is by humane Laws forbidden, cannot be done without offence; and it is not all out true neither. For how many cases are there wherein the Summists and Casuists both Civilians and Canonists with the School-men agre••, that without just offence given that may be done, which by the letter of some positive law is unlawful? Or what is more common then these and the like rules in their writings; that awe are rather to mark the cause that moved the Law-giver to make the Law, then the words of the Law it self: that, bA law ceaseth where the reason of it ceaseth, though the letter of it do not: that, cA law enacting something in regard of some inconveniences, bindeth not, where such inconveniences are not: that, dA reasonable cause ever excuseth a man, in case he break some humane Law: and that eThat cause is a just and sufficient cause, for which the Law-giver would ⟨p. 200⟩himself hold the party excused: that, fCommon equity ought to sway both in exposition of Laws, and in exaction of things enjoined by Law: that, gHumane constitutions are to admit favourable constructions: that, hHe is no Transgressor, that crosseth not the mind of the Law-maker, though he break the letter of the Law: and lastly that, iCustom interpreteth Laws: yea that kit giveth strength to them; as on the other side that ldisuse or Counter-custom is a kind of abrogation of them. Let me ad that which in the present case sometime may be somewhat, what they say mof him that keepeth not a Law, where it is an hard matter to keep it, and where he should be but counted a fool if he should, that such a Transgressor is in common equity excused. In some case therefore may that be done without just cause of scandal, the doing whereof is by humane Laws inhibited. Neither suppose I is there any man so extremely censorious, that because flesh on Fridays is forbidden with us by law, he will in that regard hold a man guilty of sin, for every bit of flesh, that being in company with others, or having it readier at hand when he is hungry, he shall put into his mouth, especially not doing it of any contempt, and being one that is regardful of the end of that Law otherwise.
Yea take the Proposition as it is propounded, that Whatsoeuer is by humane Lawes forbidden, cannot be done without offence; and it is not all out true neither. For how many cases are there wherein the Summists and Casuists both Ciuilians and Canonists with the Schoole-men agre••, that without iust offence giuen that may be done, which by the letter of some positiue law is vnlawfull? Or what is more common then these and the like rules in their writings; that awee are rather to marke the cause that moued the Law-giuer to make the Law, then the words of the Law it selfe: that, bA law ceaseth where the reason of it ceaseth, though the letter of it doe not: that, cA law enacting something in regard of some inconueniences, bindeth not, where such inconueniences are not: that, dA reasonable cause euer excuseth a man, in case hee breake some humane Law: and that eThat cause is a iust and sufficient cause, for which the Law-giuer would ⟨p. 200⟩himselfe hold the party excused: that, fCommon equitie ought to sway both in exposition of Lawes, and in exaction of things enioyned by Law: that, gHumane constitutions are to admit fauorable constructions: that, hHe is no Transgressor, that crosseth not the minde of the Law-maker, though he breake the letter of the Law: and lastly that, iCustome interpreteth Lawes: yea that kit giueth strength to them; as on the other side that ldisuse or Counter-custome is a kinde of abrogation of them. Let me ad that which in the present case sometime may be somewhat, what they say
- aIntelligentia dictorum est ex causis assumenda dicendi. Hilar de trinit. l 4. Magis attendendū est ad causam quae moxit legislatorem, quàm ad ipsa verba legis. Thom. sum. par. 12 2 •. q 96. a. 6Intelligentia dictorum est ex causis assumenda dicendi. Hilar de trinit. l 4. Magis attendendū est ad causam quae moxit legislatorem, quàm ad ipsa verba legis. Thom. sum. par. 12 2 •. q 96. a. 6
- bRatione cessante lex quoque cessat, etiamsi verba non cessarent ff. de jure patron. l. adigere. Et c. cum cessante. de appellat. Na•arr. enchirid c. 4. §. 7.Ratione cessante lex quoque cessat, etiamsi verba non cessarent ff. de iure patron. l. adigere. Et c. cum cessante. de appellat. Na•arr. enchirid c. 4. §. 7.
- cLex praecipiens aliquid ob aliqua inconueni•ntia, illis cessantibus nom obligat. Caietan. opuscul. tom. 1. op. 12 q 2. Panorm in c Quoniam contra. de probat. Navarr. evebir. c 16. §. 37.Lex praecipiens aliquid ob aliqua inconueni•ntia, illis cessantibus nom obligat. Caietan. opuscul. tom. 1. op. 12 q 2. Panorm in c Quoniam contra. de probat. Nauarr. euebir. c 16. §. 37.
- dCausa rationabilis semper excusat transgressor•m legis humanae. Thom. sum par. 2• 2 ae. q. 147. a 3. Archidiac. d. 76 c. utinā. Panorm. de obseru. Navar. en•bir. c. 9. §. 16. &c. 23. § 43Causa rationabilis semper excusat transgressor•m legis humanae. Thom. sum par. 2• 2 ae. q. 147. a 3. Archidiac. d. 76 c. vtinā. Panorm. de obseru. Nauar. en•bir. c. 9. §. 16. &c. 23. § 43
- eCausa justa videtur, propter quam legislator, si adess•t, eum pro excusato haberet. Thom. & Navarre. ibid.Causa iusta videtur, propter quam legislator, si adesst, eum pro excusato haberet. Thom. & Nauar. ibid.
