CHAP. III.] OBSOLETE LAWS TO BE ANNULLED. 357 



to its passing ; by which means the future agreement and 

 harmony of the laws is well consulted. 



LV. It was in use among the Athenians for six persona 

 annually to examine the contradictory titles of their laws, 

 and propose to the people such of them as could not be 

 reconciled, that some certain resolution might be taken about 

 them. According to which example, the legislators of every 

 state should once in three or five years, as it shall seem 

 proper, take a review of these contrarieties in law ; but let 

 them first be inspected and prepared by committees ap- 

 pointed for the purpose, and then brought in for the general 

 assembly to fix and establish what shall be approved by 

 vote. 



LYI. But let not an over-diligent and scrupulous care be 

 used in reconciling the contradictory titles of laws, by subtile 

 and far-fetched distinctions; for this is the weaving of the 

 wit ; and whatever appearance it may have of modesty and 

 reverence, it is to be deemed prejudicial, as rendering the 

 whole body of the laws dissimilar and incoherent. It were, 

 therefore, much better to suppress the worst, and suffer the 

 best to stand alone. 



LVII. Obsolete laws, that are giwvn into disuse, should 

 in the same manner be cancelled. For as an express statute 

 is not regularly abrogated by disuse, it happens that, from a 

 contempt of such as are obsolete, the others also lose part of 

 their authority; whence follows that torture of Mezentius, 

 whereby the living laws are killed in the embraces of the 

 dead ones. But above ail things a gangrene in the laws is 

 to be prevented. 



LVIII. And let courts of equity have a right of decreeing 

 contrary to obsolete laws and statutes not newly enacted ; 

 for although, as is well observed, nobody should be wisei 

 than the laws, yet this should be understood of the law? 

 when they are awake, and not when they sleep. But let it 

 be the privilege, not of judges in the courts of equity, but of 

 kings, solemn councils, and the higher powers, to overrule 

 later statutes found prejudicial to public justice, and to sus- 

 pend the execution thereof by edicts or public acts, till those 

 meetings are held which have the true power of repealing 

 them, lest otherwise the «;\tety of tUe people should he ea 

 dstngered. 



