The Pastor, Vol. 3

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Excerpt from The Pastor, Vol. 3: A Monthly Journal for Priests 30. In obscuis minimum est tenendum. This is true in so far that in a case wherein neither the law nor custom, nor attending circumstances, determine how much the obligation, how much the penalty, how much the measure, the smallest is to be accepted. This rule applies where the quantity of the thing is in question. But where the question is of a thing, say a horse, in proper specie and no particular horse, nor even particular qualities stipulated for by a buyer, "minimum non est tenendum, " but medium. Such a purchaser is not presumed to have bought the worst horse that can be found, nor the choicest on the other hand, but a horse of ordinary value. 31. Eum qui certus est, certiorari ulterius non oportet. When everyone known the occurrence of an event, say the death of a bishop in his own cathedral city, with public funeral, etc., no one can shield himself under the plea that he had not been officially notified of the event. But the rule is not absolute for all cases, as sometimes he who is certain of a thing as a private individual would have to be officially informed thereof as a judge, that as a judge, for example he may be able to act. The law itself designates the few exceptions. 32. Non licet actori quod reo licitum non existit. The complainant (accuser, prosecutor) should be allowed no favors denied the accused. Thus, if there be no appeal from the judge's decision open to the accused there should be none open to his accuser. Mutare consilium quis non postet in alterius detrimentumA man who has sold a thing, though not delivered, cannot recede from the contract without the consent of the buyer, nor vice vers. But the rule holds good only in regard to right acquired, not when there is only a mere promise equivalent to an expresses intention. Reasons may then occur to induce one to change his mind which can evidently be done without injustice to the other in most cases. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully, any imperfections that remain are intentionally left to preserve the state of such historical works.