s law, and is the interpreter of law.
Reply Obj. 1: The natural and Divine laws proceed from the Divine
will, as stated above. Wherefore they cannot be changed by a custom
proceeding from the will of man, but only by Divine authority. Hence
it is that no custom can prevail over the Divine or natural laws: for
Isidore says (Synon. ii, 16): "Let custom yield to authority: evil
customs should be eradicated by law and reason."
Reply Obj. 2: As stated above (Q. 96, A. 6), human laws fail in some
cases: wherefore it is possible sometimes to act beside the law;
namely, in a case where the law fails; yet the act will not be evil.
And when such cases are multiplied, by reason of some change in man,
then custom shows that the law is no longer useful: just as it might
be declared by the verbal promulgation of a law to the contrary. If,
however, the same reason remains, for which the law was useful
hitherto, then it is not the custom that prevails against the law,
but the law that overcomes the custom: unless perhaps the sole reason
for the law seeming useless, be that it is not "possible according to
the custom of the country" [*Q. 95, A. 3], which has been stated to
be one of the conditions of law. For it is not easy to set aside the
custom of a whole people.
Reply Obj. 3: The people among whom a custom is introduced may be of
two conditions. For if they are free, and able to make their own
laws, the consent of the whole people expressed by a custom counts
far more in favor of a particular observance, that does the authority
of the sovereign, who has not the power to frame laws, except as
representing the people. Wherefore although each individual cannot
make laws, yet the whole people can. If however the people have not
the free power to make their own laws, or to abolish a law made by a
higher authority; nevertheless with such a people a prevailing custom
obtains force of law, in so far as it is tolerated by those to whom
it belongs to make laws for that people: because by the very fact
that they tolerate it they seem to approve of that which is
introduced by custom.
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FOURTH ARTICLE [I-II, Q. 97, Art. 4]
Whether the Rulers of the People Can Dispense from Human Laws?
Objection 1: It would seem that the rulers of the people cannot
dispense from human laws. For the law is established for the "common
weal," as Isidore says (Etym. v, 21). But the common good should not
be set aside for the priva
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