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ON THE RULES OF LAW (Book V, Title XLI)
CHAPTER I
It cannot be summarised more succinctly. John Chrysostom.
Everything that is born from certain causes is dissolved by those same causes.
CHAPTER II
What is dubious must be interpreted in the best possible way.
Bede in Homilies. Be merciful, etc. In this passage, I think nothing else is required of us except that we interpret in the best possible way those actions whose intentions are doubtful. For it is written: 'By their fruits, you shall know them', which is said about manifest actions that cannot be done with good intention, such as fornication, blasphemy, theft, drunkenness, among others, of which we are permitted to judge.
CHAPTER III
Truth must not be
omitted to avoid scandal.
Idem. 'Whoever shall scandalize, etc.' It is better to allow scandal to arise than to abandon the truth.
CHAPTER IV
Necessity makes
lawful what is unlawful.
Idem super Marcum. What is not lawful by law, necessity makes lawful. For it was commanded to keep the Sabbath; yet the Maccabees fought on the Sabbath without blame. In like manner, today, if a sick person breaks their fast, they are not considered guilty of the vow.
CHAPTER V
An unlawful act creates an obligation.
Gregory VII. That which has been introduced secretly, or by force, or other unlawful means, should not remain stable.
CHAPTER VI
Torture is not to be inflicted without
prior judicial process.
Idem Variensi Episcopo. When contemplating: (And below:) Questioning should not begin at the very outset of the case.
CHAPTER VII
A sacrilegious person offends a sacred
thing or person of the Church.
Pope Stephen. What is usurped many times must often be repeated and forbidden. What is unjustly done against sacred things and bishops is considered sacrilege, because they are holy and must not be violated by anyone.
CHAPTER VIII
One who acts contrary to duty is not
said to act at all.
Augustine. Whoever obeys a command out of fear acts differently than they should, and therefore does not truly act.
CHAPTER IX
whosoever commits one sin is guilty of
all concerning eternal life.
Idem in libro de poenitentia. Let the sinner mourn, because, having offended in one, they have become guilty of all through ingratitude.
CHAPTER X
Ignorance does not excuse a prelate
regarding the sins of their subordinates. Understood here in a mystical and
moral sense.
Gregorius in Registro.Whatever the cause, [consideration moves me, yet charity compels me to write. I have written once and twice to my most holy brother, Lord John, though I have not received his letters. Another, a secular man, spoke to me in his name, and if those letters were indeed his, I was not vigilant, for I believed something quite different about him than I found to be true. I had written concerning the matter of the most reverend man, John the priest, and regarding the issues of the monks of Isauria—one of whom, though holding a priestly office, was beaten with clubs in your church. And your most holy fraternity replied to me, as I recognise from the letter’s name, that you did not know I wrote. I was greatly astonished at this reply, silently wondering to myself whether he speaks the truth.] What could be worse than for such things to be done against the servants of God, and for He, who is present, not to know? There can be no excuse for the shepherd if the wolf devours the sheep and the shepherd is unaware. [If, however, Your Holiness did know, etc.]
CHAPTER XI
Homage shall not be offered for
spiritual matters.
Lucius III. It is unworthy and foreign to the custom of the Roman Church that one should be compelled to offer homage for spiritual matters.
REFERENCES
Gregory IX, Decretalium D. Gregorii Papae IX. Compilatio Liber Quintus, Title XLI, The Latin Library, available at: https://www.thelatinlibrary.com/gregory.html (accessed 19 November 2024).
Raymond of Penyafort, Liber Extra, Liber 5, Titulus 41, available at: http://scta.info/resource/cice-l5t41 (accessed 19 November 2024).
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