Selected quad for the lemma: cause_n
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A07402
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A ciuile nosgay wherin is contayned not onelye the offyce and dewty of all magestrates and iudges but also of of [sic] 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.
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Melanchthon, Philipp, 1497-1560.; Goodale, John.
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1550
(1550)
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STC 17788; ESTC S120081
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19,086
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72
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who sayth the very dolour and sorowe of his father At Gellius the .xiiij. Boke and the .vii. Chapter the Areopagytes 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 veÌged the stupre of his doughter Orestes his fathers death These 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 â measure of thrre blameles tutele defence And thus Cato dyd lose milo by his senteÌce because clodius did begyn y â 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 circuÌstaunce requireth mitigatioÌ nor for cause of example hath no nede of seuerite is made iniury Therfore it is sayd SuÌmum iussuÌma iniuria The extremite of the law is an extreme iniurye There is an other certeyne maner of moâking or exacerbatyng the lawe as who sayth caluÌnia i. caluÌny 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 thus that the therde parte of his naues shulde be left vnto hym he did cut al his ships in y e middest because he wold spoyle him of y â whole nany wheÌ the tirans had dominion of .xxx. Athens the lawe was that none of them that were written in the cataloge shuld be kylled there was in this nombre written Iheramenes 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 vs examples but also dayly lyfe ¶ But in a maner ther is more calâmpniacion in 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 lawâe 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 theÌ 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 perceyued that without newe besines the possession that was taken away coud not be restored to ther olde masters he made a law that euery man shulde retayne that he had and they which had sustained iniuâye for the publyke âecyssake shuld depart frotheyr owne right This equite also is maruelous necessarye to retayne concorde in a priuate lyfe ¶ Yea equite also doth mitigate diuine lawes so that it maye be not harishly done Dauid did eate holy loues he knewe an epiceye to be adhibite and gyuen to ceremonies because he knewe the politycal maners to be institutid not because thei shuld iustify before god but because y â people shuld be coersed by that discpline therfore he iuged those customes to geue place to loue 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 Epiceys in the story of Ezachias when that in the celebracion of esterne many were not fyrst purged of there vsual ceremonies Ezechâ as for all that dyd not coÌmaunde them to abstayne from Esterne but he prayeth for them lettyng a lone the ceremonis of purgacion he vnderstandeth prayer to be the chyfe purgacion and better then the ceremonyall ¶ The Machabeiis dyd fyght on 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 coÌseruacion of the coÌmen wele of religion maried persons chyldren and such other was not to be forbidden for this is the chyfe office of Loue. 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 our diligence that the glory of the Euangelyst may be made gaye garuyshed fynally the Euangelist is y â maruelus epicey of gods law when he approueth obedience although vnperfit because of christ ¶ Whether a iuge ought to iuge according to equite or accordinge to the posytyue lawe called the Lawe wrytten IT is better be the opinion of Aristotle in the thirde of the polytykes to iuge thynges or causes by the posytyue lawe because that vncertayne opinions lyghtly bryngeth forth engeÌdreth discordes of cityzens where as no written Lawe is there be vncertayne opynyons or elles contrarye for it maye often times fortune that to other iudges another thyng may besemed thought also the wrytten lawe doth good because it coercyth the affeccions of Iudges he that coÌmaundeth the Lawe to be aboue God he geuyth also to the lawes an empyer he y t coÌmaundeth a maÌ to be prefarred prefarreth best for couetousnes anger or dyââ leasure depraueth also the best meÌ âª The law is amynd with out coeutousnes what nedeth in so manyfolde a thyng many argumentes There is no lawe pryncipally made of this case if a maÌ in great necessite taketh away mettes or elles be course of age dothe offend sience this case is by some meanes not lyke that maner of kinde wherof principally the law doth sâeke here now equite hath place so the law to put homicides to deth is made principalli of murther constituted petulantly don ¶ Patroclus be chauÌce in play killed his felow here the dissimilitud of cases requireth some mitigacioÌ of payne The constitucion of the saboth day doth principally forbid