A Civil Nosegay, Title page – Table of contents
¶ A ciuile noſgay wherin is contayned not onelye the offyce and dewty of all mageſtrates and Iudges but alſo of of all ſubiectes with a preface concernynge the lyberty of Iuſtice in this our tyme newly collected and gethered out of latyn and ſo tranſlated in to the Inglyſhe tonge by.
I. G.
The preface.
COn…iderynge howe in theſe our dayes GOD hathe wrought, and dayly worketh ſuche wonderfull & blyſſed thynges, as by many many yeares before, the lyke hath not benſene, nor harde of, godith and pricketh me to reioyce and ſay with that diuine phyloſopher Plato. Tunc beatus et felix cencendus eſt totus orbis terrarum cum ſapientes efficuntur reges, aut reges efficuntur ſapientes. EueryEvery man he ſayth ought then to Iudge and thynke all the worlde to be blyſſed and happye when wyſe men be made Kynges, ruelers, and gouernoures, or Kynges, ruelers, and gouernoures, be made wyſe. The Philoſopher, Euripides ſayth that by the company of wyſe men Prynces be made wyſe. The roote of wyſdome is to feare god, and the braunches thereof be of longe lyfe. No doubte a wyſe harte, and that hath vnderſtondyng wyll abſtayne from yll dedes, and in workes of Iuſtyce his purpoſe ſhall proſpere, was it not a wonderfull acte, the great thraldome the intollerable charges and the myſerable ſeruytude and bondage that we be exoneratyd and delyuered of, from the babylonicall ſtrumpet, wherby the fredome and lyberty of goddes woord ſo longe ſepulted and hydden from vsus to nowe come to lyght. And yet wonderfull was that moſt valiaunt and victorious ſuc…umbynge of Frenſhemen at Bullogne, and the wynnyng of the ſame imaculte & mayden towne, with ſonderye ouerthrowes of the Scottes. But moſt wonderfull thynge of all is the reſtitucion out of bondage to lybertie of ſo rare ſo myghty ſo blyſſed & Beautyfull a perſon, of all people ſo longe optatyd, wyſſhed and loked for, whoſe outwarde kepers and watchemen this many many yeares hath ben, Mars, of the inwarde chamber lune, & of the verye pryuye chamber, Sol, Although the fre & benynge hart and ſtomake of the ſayd moſt gracious perſonage was alwayes indeferent to ryche and poore yet without great oblacion and ſacryfyce made and done to the ſayde kepers, no man coulde optayne any benefyt, who knoweth not? howe that Amerous perſons Iuſtice hathe this many yeares bene detayned, kept, and locked from the people? who could entre in at the ſtreate gates (where ſhe was) ſo fortely barred with yron and ſhet vp with ſtronge lockes without rewarde or brybe / who myght come nere to the great chamber, vnles the cuſtos of the dore dyd fele a porcion of ſyluer. And as aboute the preuy chamber, the attendaūtes and wayters vponupon the gouernour of the ſayd ioyfull and beautifull perſon Iuſtice, were ſo ornated & …pparelled with chaynes, rynges, outches, and peces of Golde, that ſhe by them was ſo dyſgyſed, her ſyghte ſo dymmed, her countenaunce ſo ſulphu…ated that in a matter ſhe was knowen …o no body. The poore for lacke of limnes helpe ſtode a farre of / The ryche by the aſſyſtaunce of Sol, Alwaye… came nere, labour and frendſhyppe of great perſons paſſed all, ſometyme, affection gouerned Iuſtice and not Iuſtice affection / And ſometyme by the dictes and ſayinges of the lawe ſo craftely wreſted, Iuſtice beare no rule, but nowe, ſence that the princes and goue… nours came to the the knowledge of gods worde, and the feare of God before theyr tyes, this blyſſed perſon Iuſtice is a lytyll reſtored to here priſtin… lybertie, the braunches of mars begyn to ſlyp / The gates be now wyde open the gardens of the great chamber, cannot now a byde the breth of lune / And all other attendaunces about the preuylodge of the ſayde moſt ioyfull parſon, loueth the ſplendaunt and flatterynge countenaunce of Sol, As they do the deteſtable loke of more Affection is exhyled. The poore with the ryche be harde a lyke / The bolde ſteryng and ſupporting of great men is drowned. The delayes of lawers with trackynge of tyme in in at…ers be abholyſhyd / The wordes of god by his ſeruaūt Moyſes, …o hard and obeyed, here he ſayth, Iudge that is ryght be he cyteſyn or ſtraunger there ſhall be no dyſtaunce of perſons, here as well the lytell ones as the great Iudge the people by Iuſt Iudgement declyne not to any parte, nor …ke rewardce, for they …xcecate and …lynde the iyes of the righteous. Euerlaſtynge wo… ſayeth I ſayas ſhall be to them that maketh vnryghtwyſe lawes and do wryte agaynſt Iuſtice / to the in…ent that they wyl oppreſſe poore mē …h Iudgement, and violently ſubuert the cauſe of the people / In the path of Iuſtice ſaythe Salon on, is lyfe the way that tur…eth there from, ledeth to deathe / The fundacion of perpetuall prayſe and renowne, ſaythe Tully, is Iuſtice without the which nothyng is cōmendable / The Eccleſiaſt. ſayth the glory of a good man is to do Iuſtice, accordyng to the Iudge of the people, ſo is this offycere ſuche as be rulers of a citie, ſuche be the comons ſayth Salamon / The fame of yt myghty Emperour Iuſtiniane for well gouernynge the publyke wel by his ſage & temperate Iuſticiars Belliſarious & Narcites is imortall. The the banis to y• ꝑpetual prayſe of Iuſtice paynted theyr kyng / Theba to ſyt in his kingly eſtate with in the counſeill houſe and on eche ſyde of hym a ſenator hauyng tronked handes / In token that iudges neyther for rewardes nor yet for fauoure of great men ought to oppreſſe veryte. Dauid, Salamon, and Dainiell, for theyr iudgementes be dayly cōmemorated in holy ſcripture / the one for gyuynge Iudgement agaynſt the ryche man hauyn… many ſhepe, & yet toke from the poore man his onelye ſhepe / The other for Iudgyng betwene .ii. harlottes contendyng for y• chylde. And the .iii. for delyueryng the vertuous Innocēt Suſanne out of the handes of .ii. wycked prieſtes, Iudge true Iudgement, ſaythe zacatie, vſe and occupye marſie euerye one of you with an other, verytie and iudgement of peace iudge you in your partes. &c. Chriſte ſaythe, as you do Iudge, ſo ſhall you be iudged, & …uen as you do meaſure to other, ſo ſhall it be meaſured to you. That moſt famus Kynge Henry the .viii. In his boke called the doctrine of a Chriſtian man, vponupon the expoſycion of the .vi. and .ix. cōmaundement: teacheth and cōmaundeth howe Iudges ought not to gyue ſentence contrarye to that whiche they knowe to be true, and that in Iudgement they do not hyde and ſuppreſſe the truth, and that no Iudge ſeyng no ſuffycient matter or cauſe of death or vponupon lyght tryal without ſufficient examinacion & dficuſſion geue ſentence of deth, or whan the matter or cauſe of death is ſufficient, and the tryall good: yet that he delyte not in the death of ye perſon. At writers of worthy memory hauehave not forgotten to extole and ſetteforth the magnyfycenſy of Iuſtice: as the well ſpryng is, ſo is the water, that is deryued and tunneth therfr….
The chyfe Lordes therfore and mageſtrates of the comon wele, not forgettyng howe that moſt mercyfull prynce Kynge henry the .viii. dyd conflytute them as a lyght & ſpectacle to all other his mageſtrates and Iuſticiares thoroughout this his realme and dominions, hauehave not …mitted to do according to their vocacion, and as to all perſons it is at parant, ſo it is not forgotten, eyther in theyr hartes or in theyr dayly talke, muche reioyſynge that men of gods knowelege be plaſyd to r…mes iudicial, whoſe godly and chriſtian procedynge therein, ſhall not onelyonly be to the hygh honour and glory of god, and to there great laude & renowne, but alſo a generall cōfort to al good chriſtian hartes, & a centynuall thankefulnes both of olde and yonge, vntounto god. Notwithſtandyng the floborne and ſtyfenecked ye, dampnable rebellions, of a certayne of our owne country. I therfore this .xxvi. yeares & more, to ſſyng and tumbelyng, both in the ſpirituall and temporall courtes, there much notynge as well the iuſtnes as the enormites of y• mageſtrates and Iudges, and of late, hauynge come in to my handes a boke of Phyllyp Melanctons called. Epitome Philippi Melāctonis, ſupe… morali philoſophia. Thought it not vnprofytable to collect & pycke out heare and there, …nd the ſame to tranſlate in to the Inglyſhe tonge certaine ſayingꝭ very fruytfull and neceſſary for euerye Chriſtian mageſtrate & Iudge whiche boke I cōmit vniuerſally to the whole cōgregacion of mageſtrates, although I might worldly cōmend it to ſome by name, there induſtry & payneful trauel cōcernig Iuſtice is ſo a pertely declared but becauſe I ſhuld not ſeme to be like the dayly pycthākꝭ, ye diſſimulers that doth expiſcate and vigilantly gapeth for preferment by flatterye wyll that omit, prayng to the lyuyng god that all mageſtratꝭ may ſo miniſter in theyr callyng as it maye be to the hon…ure and glory of God, to whom be all prayſe, nowe and euer. Amen.
¶ Te contentes of this boke.
IN the fyrſt Chapiter, what is feare and what is Iuſtice.
¶ In the .ii. the kyndes of Iuſtice and howe offices ſhulde be gyuen and dyſtrybuted.
¶ In the .iii. what is the lawe of nature, and the poſitiue lawe.
¶ In the .iiii. it is a deadlye ſynne to violate the ciuil lawes that is to ſay the dictes of ciuill mageſtrates.
¶ In the .v. what is to take the ſworde.
¶ In the .vi. what is the power or auctoryte of the mageſtrates.
¶ In the .vii. what is the deuerſyte betwene the rigore of the law and equite.
¶ In the .viii. howe equite and howe a meane ſhulde be in our doinges.
¶ In the .ix. whether a Iudge ought to iudge accordyng to equite or accordynge to the lawe wrytten.
¶ In the .x. whan ygnoraunce excuſeth offence.
¶ In the .xi. what be voluntary offences and not voluntntary offenſes.
¶ In the .xii. whether it be leful for preuate perſons to kyll tyrans, that is to ſay cruell offycers.
¶ In the .xiii. what is the temporall power and ſpirituall power.