§7.8.1syllogismus habet aliquid simile scripto et voluntati, quia semper pars in eo altera scripto nititur, sed hoc interest, quod illic dicitur contra scriptum, hic supra scriptum;
The syllogism (or ratiocinative status) has something in common with the letter and intention, because in it one party always relies on the letter; but there is this difference, that in the latter the argument is contrary to the letter, while in the former it is beyond the letter.
illic qui verba defendit, hoc agit ut fiat utique quod scriptum est; hic, ne aliud quam scriptum est.
In the latter, the one who defends the words strives that what is written may by all means be done; in the former, that nothing other than what is written may be done.
ei nonnulla etiam cum finitione coniunctio: nam saepe, si finitio infirma est, in syllogismum delabitur.
It also has some connection with definition: for often, if definition is weak, it falls into syllogism.
§7.8.2sit enim lex: venefica capite puniatur. saepe se verberanti marito uxor amatorium dedit; eundem repudiavit; per propinquos rogata ut rediret non est reversa; suspendit se maritus.
For let there be a law: "Let a poisoner be punished with death." A wife gave a love potion to her husband who frequently beat her; she divorced him; when asked by relatives to return, she did not return; the husband hanged himself.
mulier veneficii rea est.
The woman is accused of poisoning.
fortissima est actio dicentis amatorium venenum esse.
The strongest action is of the one saying that a love potion is a poison.
id erit finitio; quod si parum valebit, fiet syllogismus, ad quem, velut remissa priore contentione, veniemus, an proinde puniri debeat, ac si virum veneno necasset?
That will be a definition; but if that has little weight, it will become a syllogism, to which we shall come, as if the former contention were dismissed, whether she ought to be punished in the same way as if she had killed her husband with poison.
§7.8.3ergo hic status ducit ex eo quod scriptum est id quod incertum est; quod quoniam ratione colligitur, ratiocinativus dicitur.
Therefore, this status derives from what is written that which is uncertain; and since this is gathered by reasoning, it is called ratiocinative.
in has autem fere species venit an, quod semel ius est, idem et saepius. incesti damnata et praecipitata de saxo vixit; repetitur. an, quod in uno, et in pluribus. qui duos uno tempore tyrannos occidit, duo praemia petit. an quod ante, et postea.
It falls generally into these species: whether what is once lawful is also lawful more often (a woman condemned for incest and thrown from the rock survived; she is demanded again); whether what is in one case is also in more (one who killed two tyrants at one time demands two rewards); whether what is before is also after.
§7.8.4raptor profugit, rapta nupsit, reverso illo petit optionem. an, quod in toto, idem in parte. aratrum accipere pignori non licet, vomerem accepit.
(A rapist fled, the raped woman married, and upon his return she demands her option.) Whether what is in the whole is the same in the part (it is not allowed to take a plough as a pledge; he took a ploughshare).
an, quod in parte, idem in toto. lanas evehere Tarento non licet, oves evexit.
Whether what is in the part is the same in the whole (it is not allowed to export wool from Tarentum; he exported sheep).
§7.8.5in his syllogismus et scripto nititur; nam satis cautum esse dicit.
In these cases, the syllogism also relies on the letter; for it says that sufficient provision has been made.
postulo, ut praecipitetur incesta; lex est; et rapta optionem petit, et in ore lanae sunt, similiter alia.
"I demand that the incestuous woman be thrown down; there is a law"; and the raped woman demands her option; and "on the sheep is wool," and similarly in other cases.
sed quia responderi potest, §7.8.6non est scriptum, ut bis praecipitetur damnata, ut quandoque rapta optet, ut tyrannicida duo praemia accipiat, nihil de vomere cautum, nihil de ovibus: ex eo, quod manifestum est, colligitur quod dubium est.
But since it can be answered: "It is not written that the condemned woman should be thrown down twice, or that the raped woman should choose at any time, or that the tyrant-slayer should receive two rewards, and nothing is provided about the ploughshare, nothing about the sheep": from that which is manifest, that which is doubtful is inferred.
maioris pugnae est ex scripto ducere quod scriptum non est; an, quia hoc, et hoc. qui patrem occiderit, culleo insuatur: matrem occidit. ex domo in ius educere ne liceat: ex tabernaculo eduxit.
It is a matter of greater struggle to derive from what is written that which is not written: whether, because this is so, this also should be so. (Let him who has killed his father be sewn into a leather sack; he killed his mother.
in hoc genere haec quaeruntur, §7.8.7an, quotiens propria lex non est, simili sit utendum, an id de quo agitur ei de quo scriptum est simile sit.
Let it not be lawful to drag someone from his house to court; he dragged him from a tent.) In this kind, the following are asked: whether, whenever there is no proper law, a similar one should be used; whether that which is under discussion is similar to that which is written.
simile autem et maius est et par et minus.
Now, the similar is either greater, or equal, or less.
in illo priore, an satis lege cautum sit, an, etsi parum cautum est, et hoc sit utendum.
In that former class (of cases), whether sufficient provision has been made by the law, or, even if little provision has been made, this law should still be used.
in utroque de voluntate legumlatoris.
In both, the question is concerning the intention of the lawmaker.
sed de aequo tractatus potentissimi.
But the discussions concerning equity are the most powerful.