§ 1. A law unjust either from the beginning or through a change of times is not worthy of the name of law; and when the condition of the times has changed and it begins to be unjust, it has also ceased to be a law. We therefore treat of the abrogation of a just and useful law, which is abrogated when it is burdensome and its abrogation appears more useful to the common good than its observance. In this matter it is necessary that grave causes intervene.
§ 2. The founder can abrogate it, as can his successor and the superior the law of his inferior, but the inferior cannot abrogate the law of his superior. Concerning the last point there are great disputes, for certain cities and princes establish municipal laws contrary to imperial law, although they do not possess the power to do so unless it has been conferred upon them by a superior. It is certainly dangerous that common law should be derogated by private laws. Therefore, for the laws of princes and of subordinate cities to be just, it is necessary that they be certain determinations of common law.
§ 3. Every later law contrary to an earlier law abrogates it, whether it contains mention of it or does not contain it. For since they cannot possess force at the same time, the later will revokes the earlier.
§ 4. Unless it possesses a derogatory clause, it does not remove the earlier law when it is opposed to it, for they can be reconciled and each retain its force. Nothing else occurs concerning this matter except that abrogation should take place considerately, rarely, and for great causes, because of the reasons which I brought forward above.
Meanwhile, laws must be abrogated slowly and with great deliberation. He is worthy to succeed his ancestors if he does not change their institutions unless a new order of affairs demands new laws; and thus he will not change former counsellors either, unless they are found guilty of wickedness or are openly unworthy. See Olaus, book 8, chapter 3. He who has no gratitude toward his author, but begins his power from contempt of him, is believed likely to be unjust toward many.