Title XLI: On Rules of Law

Latin source headnote: It cannot be summarized more briefly.

John Chrysostom.

Every thing, through whatever causes it comes into being, is dissolved through the same causes.

Latin source headnote: Doubtful things ought to be interpreted in the better part.

Bede, in the Homilies.

“Be merciful, etc.” In this passage I judge that nothing else is commanded to us except that we interpret in the better part those deeds concerning which it is doubtful with what intention they are done. For what is written, “From their fruits you shall know them,” was said of manifest things that cannot be done with a good intention, such as fornication, blasphemies, thefts, drunkennesses, and similar things, concerning which we are permitted to judge.

Latin source headnote: Truth is not to be omitted in order to avoid scandal.

The same.

“He who shall cause scandal, etc.” It is more useful that scandal be permitted to arise than that truth be abandoned.

Latin source headnote: On account of necessity an unlawful thing is made lawful.

The same, on Mark.

Necessity makes lawful what is not lawful by law. For the sabbath also was commanded to be observed; nevertheless the Maccabees fought on the sabbath without fault of their own. So too today, if a sick person breaks a fast, he is not held guilty of his vow.

Latin source headnote: A thing done unlawfully induces an obligation.

Gregory VII.

What has been introduced secretly, or through force, or otherwise unlawfully, ought to subsist with no stability.

Latin source headnote: Tortures are not to be inflicted without judgments preceding.

The same, to the Bishop of Varia.

When in contemplation (And below:) At the very beginning of the case, one is not to begin with tortures.

Latin source headnote: He who offends an ecclesiastical thing or person is sacrilegious.

Pope Stephen.

Those things which are frequently usurped must more frequently be repeated and prohibited. For Whatever is done unjustly against things consecrated to God and against bishops is reckoned as sacrilege, because they are sacred and ought not to be violated by anyone.

Latin source headnote: He who does otherwise than he ought is not said to do.

Augustine.

He who performs a precept from fear performs it otherwise than he ought, and therefore now does not perform it.

Latin source headnote: One committing one sin is guilty of all as regards eternal life.

The same, in the Book on Penance.

Let the sinner bewail that, offending in one, he has been made guilty of all [through ingratitude].

Latin source headnote: Ignorance does not excuse a prelate concerning the sins of his subjects. This is what it says as regards the mystical and moral understanding.

Gregory, in the Register.

Although the consideration of the case [moves me, nevertheless charity also impels me to write, because both once and twice I wrote to my most holy brother, Lord John, but I did not receive his letters. For another secular person spoke to me under his name; and if those were his letters, I was not watchful, who believed concerning him far otherwise than I found. For I had written concerning the case of the most reverend man John the priest, and concerning the questions of the monks of Isauria, one of whom, also constituted in the priesthood, was beaten with rods in your church; and your most holy fraternity wrote back to me, as I recognize from the name of the epistle, that he did not know concerning what case I was writing. At this reply I was greatly astonished, silently revolving with myself whether he speaks the truth.] What can be worse than that such things are done against the servants of God, and he himself, who is at hand, does not know? For indeed there can be no excuse for the shepherd if the wolf eats the sheep and the shepherd does not know. [But if your holiness knew, etc.]

Latin source headnote: Homage is not furnished for spiritual things.

Lucius III.

It is unworthy and foreign to the custom of the Roman Church that anyone be compelled to do homage for spiritual things.