A Civil Nosegay, Part 6 – Part 7
¶ Deuerſite betwne the rygore of the lawe, and Equite.
THey call that the rygore Rygore of the lawe.of the lawe, whē the lawes be diſcretly / and ſencerlye vſed / Equite.withoute mitigacion of any circūſtaunce / cōmonly they call it in laten, ſtrictumius, equite of the lawe is a mittigacion of the lawe in ſome circūſtaunce, nor yet doth approue and alowe. the treſpas or offēce, but mekly ſomtime, becauſe of ſome circūſtaūce, it doth poniſh, as whē a iuge mekly doth poniſh a man, yt hath offēded, whiche ſemeth to be of an holſome & a good wyt, equire doth apere at large in eueryevery place or in terpretaciō of lawes, for ther is no law, which in al caſes may be obſ…rued & kept by equal ſeuerite wtout e…te, therfore equite ought to be y• interpretor of al lawes, that wher nede is, they may be bowed & turned to y• gētler ſētēce, & therfore a rule is to be holden & kept, as oftē as diuers Lawes ſo … together, y• they cānot be kept together, y• ſupirior law is to be preferred, as chriſt did touche the lipors on y• ſaboth day, he therby did violat y• ſaboth day, becauſe dyuers lawes dyd runne together, he did both prefarre and alſo teache the ſuperior law to be prefarred for the ſuperior lawe is that the teſtimonies of Doctryne ſhuld be ſhewed, & that louelove ſhuld be prefarred before ceremonies, accordyng to that ſayeng, I wyll rather marry then ſacrifice. Therfore he do…teth not to touche the lepors, ye he helith thē in the ſaboth day. Thus the law doth wiſely forbid ſeruile workes, y• is aſſiduus labor taken or done for cauſe of lucre and not for cauſe of office, then it forbiddeth not …odē offices neceſſary to ſaue men, moch les it forbiddeth the teſtimonies of gods worde, & the miracles which be ye workes of god, there be iudgementes ſufficient of examples of al times.
¶ Maulius Torquatus dyd exercyſe Manlyus torquatus.in his ſo…e the rygore and extremite of the lawe becauſe he did fyght contrary to the emperours cōmaundement, he dyd hed hym.
¶ …ontrarywyſe is equite or epiceia / papirius dictatour, who when Papirius.he had accuſed Fabius, Marcus, Equitus, of treaſon. Yet the people entretynge & makyng peticion for hym, was forgyuen. In the digeſtꝭ at pompius lawe of parricides.
¶ The Emperoure Adryan, hym, Pe…aci…es.who had kylled his Sone, becauſe he had adulterated his Stepmothe, commaunded ſo to be broughte forthe, that with the extremyte of the Lawe the preuye murther myght the more hardely be auenged, but he did adhibit to the counſeyll a circūſtaunce, as who ſayth the very dolour and ſorowe of his father. At Gellius the .xiiij. Boke and the .vii. Chapter, the Areopagytes Aropagites.delyuered a woman Smyrneam that had kylled her Sone, and her Huſbande be poyſonyng, who had fyrſt kylled the womans Sone that was borne in the former Maryage, gaue ſentence becauſe the cauſe ſhould be knowen agayne an hundreth yeares after, that thus they neyther do alowe the creuell myſchyfes dyd, and yet they forgyue the payne, becauſe of the very dolour and ſorowe of the Mother, lyke Equite, the Goddes be fayned to vſe in remyttynge. Mars and Oreſtes, for they forgaue the payne, for the very iuſt and ryght dolour becauſe Mars had vēged the ſtupre of his doughter, &, Oreſtes his fathers death. Theſe Mitegacion of payne.thynges wyſe men dyd fayne, becauſe it ſhould be ſygnyfyed, mitigacion dothe pleaſe God, done for aprobable cauſe. Thus ſomtyme ges do loſe and rewyt them that defend them ſelfes by violence agaynſt violence, although a lytell they exced y• meaſure of thrre blameles tutele & defence, And thus Cato dyd loſe milo by his ſentēce becauſe clodius did begyn y• fygh tyng, hetherto of the extremite of the law that begynneth noc of calumpnius interpretacion, but is the very ſentence of the law, as in the cauſe of Manlius or Milo, yet that very law where circūſtaunce requireth mitigatiō, nor for cauſe of example hath no nede of ſeuerite is made iniury. Therfore it is ſayd. Sūmum iusſūma iniuria. The extremite of the law is an extreme iniurye. There is an other certeyne maner of mo…king or exacerbatyng Extre… iniury.the lawe, as who ſayth calūnia, i. calūny whiche properly is not called the rigore or extremite ….of the Lawe, but rather dothe fyght with the lawe, it is interpretated a lawe with ſome ſopiſtitall cauillation, they call it a begilyng ordereyuyng of the Lawe, as yf a man taketh peace for .xxx. dayes, and in the nyght diſtroyeth his enemyes fyldes. Alſo the legate of come that compacted with antio Anteo…hius.thus, that the therde parte of his naues ſhulde be left vntounto hym, he did cut al his ſhips in ye middeſt becauſe he wold ſpoyle him of y• whole nany, whē the tirans had dominion of .xxx. Athens, the lawe was Athens▪that none of them that were written in the cataloge ſhuld be kylled, there was in this nombre written Iheramenes. Collega CritiasIheramenes Collega, when that critias hadde conſtytuted to kylle hym, he commaunded his name to be put, of this maner of kindes not onelye hyſtoryes gyueth to vsus examples but alſo dayly lyfe.
¶ But in a maner ther is more cal…mpniacion Calupniacion in the lernyng of religionin the lernyng of religion then in other buſynes, dictes and and ſayenges of the Lawe be craftly wreſted, and ſome be exaggerated without meaſure, and be paynted with a certtayne colour, Some be abiected and deformed, and all theſe be taken for the law…e and prayſe ofwyt.
¶ Howe equite, and a meane ſhoulde be hadde in oure doynges.
FYrſte of all therfore playne truth is to be loued, and thē Equite.equite is to be added to publike iuſtice, & that priuatly, wher as probable & honeſt reaſon doth ſwade moderacion, and this moderacion dothe moſte preuayle in wycked and noughty perſons.
¶ As the equite of traſibulus dyd reſtore the Athens, who when he Traſibulus.perceyued that without newe beſines, the poſſeſſion that was taken away coud not be reſtored to ther olde maſters, he made a law, that eueryevery man ſhulde retayne that he had and they which had ſuſtained iniu…ye for the publyke …ecysſake ſhuld depart frotheyr owne right. This equite alſo is maruelous neceſſarye Deſo… mer cederacte.to retayne concorde in a priuate lyfe.
¶ Yea equite alſo doth mitigate diuine lawes, ſo that it maye be Dauid.not hariſhly done Dauid did eate holy loues, he knewe an epiceye to be adhibite and gyuen to ceremonies, becauſe he knewe the politycal Ceremonyalles.maners to be inſtitutid, not becauſe thei ſhuld iuſtify before god, but becauſe y• people ſhuld be coerſed by that diſcpline, & therfore he iuged thoſe cuſtomes to geue place to louelove in neceſſite, where, without ſlaunder & parell of diſciplyne, thei cannot be violated, according to the ſentence I wyl rather, and more deſyre mercy then ſacrifice.
There is a verye apte example of Ezachias.Epiceys in the ſtory of Ezachias, when that in the celebracion of eſterne many were not fyrſt purged of there vſual ceremonies, Ezech… as for all that dyd not cōmaunde them to abſtayne from Eſterne, but he prayeth for them lettyng, a lone the ceremonis of purgacion, he vnderſtandeth prayer to be the Prayers.chyfe purgacion and better then the ceremonyall.
¶ The Machabeiis dyd fyght on The Machae…iis. The ſabothe day….the ſaboth day, when theyr enemyes made a ſawt on them, they kne we be the lawe of the ſaboth day that boluntary beſines where forbidden, but defence, for the cōſeruacion of the cōmen wele, of religion maried perſons, chyldren and ſuch other, was not to be forbidden, for this is the chyfe office of LoueLove.
Thus often tymes Epiceye is neceſſarye to Chriſtian people in the vſe of ceremonyalles.
¶ Pule ſaith that he kept among the Iues the cuſtomes and faſſhions of the Iues, among the gentiles he vſed no Iues faſſhions, and yet he addeth a Super your Lawe wherby he meaſure theſe offyces, as who ſayth, becauſe he woulde wyne them all.
¶ The ſuperiour lawe, is to gyue The ſupiriour Lawe.our diligence, that the glory of the Euangelyſt may be made gaye & garuyſhed, fynally the Euangeliſt is y• maruelus epicey of gods law, when he approueth obedience (although vnperfit) becauſe of chriſt.