weal of men, and derives the force and nature of law
accordingly. Hence the jurist says [*Pandect. Justin. lib. i, ff.,
tit. 3, De Leg. et Senat.]: "By no reason of law, or favor of equity,
is it allowable for us to interpret harshly, and render burdensome,
those useful measures which have been enacted for the welfare of
man." Now it happens often that the observance of some point of law
conduces to the common weal in the majority of instances, and yet, in
some cases, is very hurtful. Since then the lawgiver cannot have in
view every single case, he shapes the law according to what happens
most frequently, by directing his attention to the common good.
Wherefore if a case arise wherein the observance of that law would be
hurtful to the general welfare, it should not be observed. For
instance, suppose that in a besieged city it be an established law
that the gates of the city are to be kept closed, this is good for
public welfare as a general rule: but, it were to happen that the
enemy are in pursuit of certain citizens, who are defenders of the
city, it would be a great loss to the city, if the gates were not
opened to them: and so in that case the gates ought to be opened,
contrary to the letter of the law, in order to maintain the common
weal, which the lawgiver had in view.

Nevertheless it must be noted, that if the observance of the law
according to the letter does not involve any sudden risk needing
instant remedy, it is not competent for everyone to expound what is
useful and what is not useful to the state: those alone can do this
who are in authority, and who, on account of such like cases, have
the power to dispense from the laws. If, however, the peril be so
sudden as not to allow of the delay involved by referring the matter
to authority, the mere necessity brings with it a dispensation, since
necessity knows no law.

Reply Obj. 1: He who in a case of necessity acts beside the letter of
the law, does not judge the law; but of a particular case in which he
sees that the letter of the law is not to be observed.

Reply Obj. 2: He who follows the intention of the lawgiver, does not
interpret the law simply; but in a case in which it is evident, by
reason of the manifest harm, that the lawgiver intended otherwise.
For if it be a matter of doubt, he must either act according to the
letter of the law, or consult those in power.

Reply Obj. 3: No man is so wise as to be able to take account of
every single cas