Selected quad for the lemma: knowledge_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
knowledge_n	know_v	law_n	lust_n	1,524	5	9.7462	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A07430	The defence of peace: lately translated out of laten in to englysshe. with the kynges moste gracyous priuilege; Defensor pacis. English	Marsilius, of Padua, d. 1342?; Marshall, William, fl. 1535.; Zwingli, Ulrich, 1484-1531, attributed name.; Jean, de Jandun. aut; Curio, Valentinus, d. 1532, attributed name.; Rhenanus, Beatus, 1485-1547, attributed name.	1535 (1535)	STC 17817; ESTC S112620	399,186	289

and iudgynge ryght or well it is the more sure waye and lesse ieopardouse that such iudgementes be done accordynge to the lawe than accordynge to the arbrytrement or wyll and pleasure of the iudge And for this cause it is necessarie that a lawe be made and set yf cōmune weales shulde be very well ordred as touchynge to the cyuyle ryghtes and vtylytyes of them for by the lawe the cyuyle iudgementes are preserued from the ignoraunce and from the peruerse or croked affeccyon whiche elles myght be in the iudges And this was the seconde proposycyon and the minor as they call it of our demonstratiue sillogisme by whiche from the begynnynge of this chapytre we haue gone a boute to proue that it is necessarie that lawes be had in a cōmune weale but howe and in what maner a stryfe or cyuyle cause and controuersie rysen whiche is not determyned by the lawe ought to be defyned and determyned or iudged it shall be shewed in the. xiiii chapitre of this diccyon To conclude than lawes are necessarie for the excludynge of the malyce and erroure or ignoraunce of the iudges from cyuyle iudgementes or sentences And for these consyderacyons Arystotle counsayled that to no iudge or gouernour shuld be graunted arbrytrement or fre lybertie to iudge or cōmaunde of cyuyle maters without a lawe in suche thynges wherin the law myght haue determyned wherfore in the. v. boke of the Etikes and the syxte chapytre Arystotle treatynge of iustyce and iniurye saythe in this wyse for this cause we do not suffre a man to gouerne and rule but acordyng to reason that is to wyt accordynge to the lawe And he assygneth the cause here afore alledged that is to wyt the peruerse and croked affeccyon whiche maye happen or chaunce to be in hym Also in the thyrde boke of the politikes and the. vii chapytre he saythe thus By the answere to the fyrste doubte or questyon it is euydent open that none other thynge ought so moche to gouerne and rule as the lawes whiche are well made that is to say as they whiche gouerneth ruleth accordynge to the lawes The same also he sayth in the same iii. boke and the. xii chapytre in this wyse who soeuer therfore byddeth or wylleth the lawe to gouerne and rule he semeth to byd or wyll god and the lawes to gouerne but he that byddeth or wylleth a man to gouerne vnderstande without a lawe after his owne pleasure he ioyneth or putteth to also a beeste and he sheweth the cause why he so sayth a lytle after sayenge Propter quod sine appetitu intellectus lex est as who shulde saye that the lawe is vnderstandynge and knowledge or reason without appetite or luste that is to saye without any affeccyon and this same sentence he repeteth also in his fyrst boke of retorykes and the fyrst chapytre where he saythe thus it is most conuenyent therfore that the well made lawes do determyne all thynges what soeuer doth happen or chaunce and to cōmytte very fewe thynges to the arbrytrement of y e iudges and he assygneth there the afore alledged causes that is to wyt the exclusyon or auoydynge of the malyce or ignoraunce of the iudges from the cyuyle iudgementes which sayd malyce or erroure and ignoraunce can not chaūce to be in the lawe lykewyse as they maye in the iudges as it hathe ben shewed here before And Arystotle speaketh more largelye than thus openlye in the. iiii boke of his politikes and the. iiii chapytre sayenge in this wyse where the lawes do not gouerne and rule that is to saye where the prynces and rulers do not gouerne accordynge to the lawes there is no cōmune weale vnderstande thou temperate or well ordred for the lawe ought to be gouernoure and ruler ouer all Nowe it resteth or remayneth to shewe that all prynces and gouernoures ought to gouerne accordynge to the lawe and not without or besyde it and namelye moste of all other these prynces or kynges whiche are made gouernours with al theyr yssue or ofsprynge that theyr kyngdome or powre maye be more sure from all maner ieopardye or peryll and also may endure and cōtynue the longer whiche was the secondarie fynall cause of the necessyre of lawes to be had assygned of Hus in the begynnynge of his chapitre and fyrste it may be proued by this because to gouerne and rule accordynge to the lawes preserueth the iudgmentes of the sayde gouernoures from the defaulte whiche myght happen by the reason of the ignoraunce or peruerse affeccyon in them by whiche lawes they beynge guyded and well ordred in theyr owne selues and towarde theyr cōmunes or subiectes do lesse suffre sedycyons and so consequentlye do lesse suffre solucyons or destruccyons of theyr kyngdomes whiche myght happen or chaunce to them doynge lewdlie accordynge to theyr wyll and pleasure as Arystotle sayth openlye in the. v. boke of his polytykes and the. x. chapytre Regnum sayth he that is to saye a kyngdome is very seldome or lytle destroyed of those thynges whiche are extrynsecall without it selfe but of it selfe and of intrynsecall causes it chaunceth very ofte to be corrupted and destroyed and that ii maner wayes the one is whan sedicyon ryseth betwene them which are partyners of the kyngdome The seconde waye is whan they begyn to rule and gouerne tyrannously desyrynge and wyffynge to be fordes of many and contrarye to the lawe But perauenture some man wyll obiecte agaynst me and saye that the best man or a very good man is without ignoraunce peruerse or croked affeccyon But let Hus make answere and saye that this cōmeth to passe very seldome and thoughe it chaunce one very good man to be without passyons yet is he not so moche without them as y e lawes is as we haue shewed heretofore by the auctoryte of Arystotle by reason and sensyble experyence that euery mānes soule or mynde hath other whyles some synystre affeccyon whiche thynge we maye byleue by y t whiche is red in the. iiii chapytre of Danyel where mēcyon is made y t there came ii preestes of a wycked mynde purpose agaynst Susāna y t they myght put her to deth they were olde men preestes the iudges of the people y t yere which al this notwithstādynge yet gaue false testymony wytnesse agaynst her because she wold not cōsent applye her selfe to theyr wycked fylthie cōcupyscēce lust Nowe therfore yf they that were preestes aged men of whom a man wolde lytle thynke it were corrupted throughe catnall concupyscence and howe moche more than through couetousnes and other vyces what is to be thought of other men doubtles that no man ▪ be he neuer so vertuous can be without peruerse or corrupte affeccyon and ignoraunce so as the lawe is And therfore it is most sure way that the cyuyle iudgementes be dyrected by the lawe than to be cōmytted to the arbytrement or wyll of the

the. xvii chapytre of this fyrste dyccyon in the. xi and. xii partes therof it hathe no cause formall For a formall cause properlye apperteyneth to thynges composed or made of mo parties than one And the cause actyue or effycyent therof we may easely perceyue by these thynges which were spoken and sayd in the. xv chapytre of this parte and by other thynges whiche shall nedely folowe it in a cytie or realme they by these the conuersacyon of the cytezens eche with other the cōmuneratynge or parte takynge amōge them selues one of an others workes the succourynge or helpynge one of them an other generally powre or lyberte without any outwarde impedyment or lettynge to exercyse theyr own the cōmune workes partakynge also of the cōmune profytes or cōmodytes of men after the measure cōuenyent and agreynge to euery one with these other cōmodytes good thyngꝭ worthy to be desyred which haue ben heretofore expressed in the oracion of Cassiodorus whiche oracion we made the begynnynge of this boke the contraryes of al the whiche cōmodytes or els of certayne the chefest of them shal ensue and folowe intrāquyllytie or dyscorde beynge the cōtrary to tranquyllytie For as moch than as the dewe operacyon or workynge of the cheyfe gouernoure ruler is the cause effycyent or maker also cōseruer of all cyuyle cōmodytes or weale and of the aforesayd thynges as it hathe ben shewed declared in the. xv chapytre of this boke in the. xi the. xii partes therof it also shall be the cause effectyue and maker of trāquyllyte vndoubtedly this was Paules mynde me anynge whan he sayd to Timothe the. ii chapytre of the fyrste epystle Therfore I beseche desyre obsecracyōs and prayers to be made for kynges rulers and for all men whiche be in hyghe auctoryte that we may lede a quyet a peaceable lyfe And what soeuer thynge shal let the dewe accyon or workynge of this parte that is to say of the heed of that thynge spryngeth cōmeth forth intrāquyllytie or dyscorde as of the cause effectyue whiche cause of intranquyllytie sene and cōsydered in general thoughe it be varyed made dyuers by many partyculer kyndes maners of the whiche kyndes or maners howe they be caused or come forth of a wonte or accustomed accyon Arystotle hath gyuen suffycyent vnderstandynge knowlege in his fyfte boke of cyuyle scyence or gouernaūce of a cōmen weale whiche we haue called polytyke scyence yet notwithstandynge there is a certayne stronge and vnwonte cause of intranquyllyte or dyscorde of cyties realmes cōmodytes whiche cause is taken occasyonallye for the effecte brought forthe of the deuyne cause besyde all his wonte or accustomed operacyon or workynge in thynges whiche cause as I remēbre that we touched afore in our prohemye neyther Arystotle neyther any other of the phylosophers in his tyme or a fore his tyme or after his tyme coulde se or perceyue and this cause a lōge season heretofore and nowe also cōtynually more more lettynge the dewe operacyō or workynge of the heed ruler in the kyngdome of Italye hathe spoyled or bereued and dothe spoyle and depryue it of peace or trāquyllyte other cōmodites ensuenge and folowynge the same also of the cōmodyties nowe rehersed hathe vexed and dothe vexe the sayd cōmunaltie with all hurtes incōmodytes and hathe as a man wolde saye replenysshed and fylled it with all kyndes of myserye and iniquyte The nature of the whiche sayde cause fore lettynge hurtynge by reason of y e vsual custome of preuy malygnyte we owynge in specyall or perticulerly to determyne accordynge to our intencyon proposed from y e begynnyng must nedely call to remēbraunce those thynges whiche we haue sayd heretofore in the. vi chapytre of this boke that is to wyt that the sone of god one of the. iii. persons very god to make satysfaccyon for the offence of our fyrst parentes dysobedyently transgressynge the cōmaundemēt of god consequently to repayre y e fal of the hoole kynde of man hathe taken vpon hym the nature of man a good whyle after Arystotles tyme beynge made very man and the same beynge god also whome called Iesu Chryste faythfull chrysten men do honoure and worshyppe this chryste I say the blyssed sone of god bothe god and man in one persone was conuersaunte amonge the people of the wycked Iewes of whome he toke his begynnynge as touchynge his bodely substaūce he began to teache the veryte trouth of thynges to be beleued of thyngꝭ to be done wrought of thynges to be auoyded eschewed to y ● ende y t men myght get optayne euerlastyng lyfe auoyde or escape euerlastynge mysery And for these thynges at the laste throughe the malice woodnes of the Iewes he suffered passyon was done to dethe vnder ponce Pylate presydent or depute to the emperour of Rome rose agayne from dethe to lyfe the thyrde daye after his deth afterwarde ascendynge goynge vp in to heuens But yet afore that tyme whyles he yet lyued by a corruptyble lyfe that is to saye before he suffered passyon for the helthe the saluacyon of mankynde he chose toke to hym certayne men which shuld be felowes in y e mynysterye of teachynge the trouth whome men cal apostles at the tyme of his ascencyon he gaue them in charge cōmaundement to preache that truthe throughe out the whole worlde which he had taught instructed them in wherfore he sayd to them after his resurreccyon in the. xxviii laste chapytre of Mathewe Go you therfore and teache all nacyons baptyzynge them in the name of the father the sone the holy ghost teachynge them to obserue and kepe all thyngꝭ what soeuer I haue cōmaunded charged you By these apostles I saye whose names are suffycyently knowen amonge the faythfull chrysten people by certayne other persones chryste wylled the lawe of y e gospell to be wryten as by certayne instrumentes mouyd dyrected to the same imedyatly by the powre of god by the whiche lawe or gospell wryten we myght in the absence of chryste hym selfe of his apostles yet haue perceyuynge knowlege of the preceptes counsayles belongynge to euerlastynge helthe In the which lawe accordyng to the whiche lawe he hathe appoynted and ordayned the sacramentꝭ wherby orygynallye actuall syn is clensed wherby the grace of god is obtayned and cōserued wherby the same grace loste may be recouered agayne and wherby the menystres of this lawe are instytuted and made And fyrst of all he dyd instytute ordeyne make the sayd apostles teachers of this lawe and mynystres of y e sacramentes accordynge to the same lawe gyuynge to them by y e holy ghost auctoryte of this mysterye whiche chrysten people calleth the auctoryte of preesthode by the which he gaue to the same or to the successours of them in this

of the excōmunycatynge or assoylynge of any persone or persones dothe not appertayne to any of them alone or onely to the colledge or cōpanye of them But to ordayne and make any suche iudge to whome it may be lawfull to call the persone so accused or gyltie afore hym and to examyne hym to iudge hym condempne or to assoyle the persone whiche is so to be openly dyffamed or to be cut awaye from the companye or felowshyp of chrysten men doth appertayne and belonge to the superyoure or soueraygne of the same cōmunyte or els to the counsayle by hym apoynted and the preestꝭ onely to iudge or dyscerne by scrypture the crymes takynge this worde iudgement in his fyrst sygnyfycacion wherfore any man ought to be cut awaye from the company of chrysten men lefte he myght infecte other men lykewyse as a physycion or a company of physycions must iudge by iudgement of the fyrst sygnyfycacion of the bodely dysease wherfore any man ought to be seperated from the cōpany of other men left he myghte infecte them as a persone hauynge the leprye or other lyke cōtagyous syckenes and agayne the cryme ought to be proued by sure wytnes to haue ben cōmytted in dede And therfore lykewyse as it doth not appertayne to any physycion or to any cōpany of them onely to ordayne the iudgement or iudge whiche hath coactyue powre to expell or dryue out persones ful of leprye but vnto y e hygher powers of a realme towne or cytie euen so it doth not appertayne to any preest alone or to any colledge or cōpany of them onely to ordayne in y ● cōmunytie of chrysten men the iudgement or the iudge whiche hath coactyue powre ouer such persones whiche are to be expulsed dryuen out from the cōmune company or felowshyp for the dysease of the soule as for a notorye cryme that is to say a trespasse openly knowen all thoughe they are bounde to know the lawe of god in which lawe the crymes and offences are determyned apoynted for whiche any synfull persone ought to be forbydden banysshed the cōpany of other chrysten men whiche be innocent or faultles for the lyppes of the preest kepeth knowlege the people shal requyre the lawe of his mouthe as it is wryten in the seconde of Malachie y ● prophyte But whether he whiche is accused of suche maner trespasse hath cōmytted suche trespasse or els not this ought not to be iudged by the bysshop or preest but by the superyour powres as we sayde before yet that notwithstandynge accordynge to the probacions afore brought in yf he be conuycted by wytnesse and the cryme also is suche wherfore he ought to be excōmunycate then the persone founde gylty of suche cryme ought to be pronounsed worthy to be excōmunycated by sentence of a superyour iudge And the execucyon of suche sentence ought to be done by the mouthe voyce of the preest and that because suche sentence of the preeste toucheth the persone so accused or gyltie for the state also of the worlde to come And this to be trewe which we haue sayd it is euydētly shewed by that scrypture wherof this kynde of correccyon semeth to haue taken his begīnynge y t is in the. xviii chapitre of Mathewe whan chryst sayd yf thy brother shal haue trespassed agaynst the go rebuke hym betwene hym the alone yf he shal harken to the than haste thou haue wonne thy brother but yf he shall not harken to the take one or two wytnesses with the y ● 〈◊〉 the mouth of two or thre wytnesses euery worde or sayeng may stāde but yf he wyll not regarde or obeye them than tell it to y e church but yf he wyl not here the church let hym be to the as a gentyle or a publycane Chryste than sayd tell it to y e churche not tel it to the apostle or to the bysshop or to the preest or to the colledge or cōpany of them onely chryste vnderstode therby y ● church the hole multytude of chrysten people or els the iudge ordayned for suche purpose by the auctorytie of the hygher powre for in this sygnyfycacion y ● apostles the prymytiue church vsed this worde church as it was fully ꝑfytely shewed in the seconde chapytre of this dyccyon that chryst meaned by the church the hole cōgregacyon of faythfull beleuynge people that it be longeth to the sayde cōgregacyon to haue a superyoure heed to gyue suche maner iudgement agaynst stubburne or dysobedyent persones or such haynouse offenders synners I ꝓue by the apostle in y ● v. chapytre of y e fyrste epystle to the Corynthiās where y ● apostle declarynge the sentēce of chrystꝭ wordꝭ teacheth more expresly the cause y ● forme maner by what persones suche maner iudgement of excōmunycacion ought to be gyuen agaynst any man sayenge in this wyse I beynge absente verely in body but present in spyrite haue nowe iudged as yf I were presente you beynge assembled in the name of our lord Ihesu chryst and my spyryte with the auctorytie and powre of our lord Ihesu to gyue hym which hath done y t dede to Satan that is to wyt that synful persone which had flesshely knowen his fathers wyfe where the glose after y ● mynde of Augustyne sayth this thige I haue now iudged y t you beyng assēbled togyther ī one place without any dyssencyon with whome bothe myne auctorytie the powre of chryste shall worke together do gyue such maner persone to the deuyll Lo here wherfore or for what intent of whome and vnder what maner any persone is to be excōmunycated accordynge to the intencyon and doctryne of the apostle In whose wordes peraduenture is marked rather a counsayle than a cōmaundement euen accordynge to the lawe of god For in case that the Corynthians throughe theyr pacyence had suffered the aforesayd criminouse persone to haue ben conuersaunt and in companye amonge them howb●it not without slaunder and ieoperdy of infectynge other men yet myght they neuerthesesse haue ben saued haue done merytorious workes Agayne the case put that this had ben a precepte and cōmaundement accordynge to the lawe of god yet was it not cōmaunded that this thynge shuld be done by a preeste or bysshop onely or elles onely by a colledge or company of them and therfore ▪ whan the apostle sayd I verely beynge absent in body but present in spyrite haue no we iudged c. his wordes ought to be vnderstāded of iudgement taken in his fyrst sygnyfycacion and not in the thyrde because he sayth afterwardes you beynge assembled and my spyrite c. By whiche wordꝭ he doth also teache them the forme and maner howe to auoyde that no contencyon or stryfe myght ryse amonge them-by the pronouncynge of the sayd excōmunycacion If it were done by them assēbled togyther wherfore Augustyne sayth that you beynge gathered togyther without any dyssencion

ordre amonge them selues and eche of them cōmunycatynge theyr workes to the other amonge them selues and also to the hole euen so after the same fascyon a cytie or cōmunytie is made of certayne suche maner partes Yf it be so that it be well ordred and instytuted accordynge to reason suche maner comparyson therfore as is of a beaste or a sensyble creature and of this partes vnto hel the euen after suche maner comparyson shall it seme to be of a cōmunytie and of his partes vnto tranquyllytie And that this illacyon is true we maye take a sure probacyon of that that all men comprehende as touchynge bothe of theym that is to wyt both of helth tranquyllyte For helth al men iugen to be the best dysposycyon of a sensyble creature accordynge to nature And so also they Iuge tranquyllyte to be the beste dysposycyon of a cōmunytie whiche hathe be begon and instytuted accordynge to reason And helthe as the moste cūnynge naturall Phylosophers do saye descrybynge it is a good dysposycyon of a sensyble creature by whiche euery one of his partes may perfytely worke the operacyons conuenyent and agreynge to theyr nature accordynge to whiche Analogye tranquyllyte shall be a good dysposycyon of a realme or cōmunytie by whiche euery one of the membres or partes of the sayd cōmunytie maye perfytely do the operacyons conuenyent and fytte for them accordynge to reason and to theyr instytucyon And because whosoeuer dyffyneth thynges well dothe at one tyme gyue knowlege of both contraryes Intranquyllyte shal be a croked or euyll dysposycyon or ordre of a realme or cōmunytie lykewyse as infyrmyte or syckenes is a croked or euyll dysposycion of a beaste or sensyble creature by whiche other all or some of his partes are letted to do the operacyons and workes cōuenyent and syttynge for them other I say to worke them vtterly or any whytte at all or at the lestwyse they are letted to worke them perfytely Of tranquyllyte therfore of the contrarye intranquyllyte let it be thus spoken of vs fyguratly Of the orygynall and fyrste begynnynge of the cyuyle cōmunytie ¶ The thyrde Chapytre HOwe for as moche as we haue sayd that trāquyllyte is the good dysposycyon of a cōmunytie to the workynge of the partes therof consequētly we muste consydre what is a cytie or cōmunytie and for what ende it is ordeyned pryncypally and whiche and howe many be the pryncypall partes therof moreouer what is the conuenyent operacyon of eche one of those partes Furthermore of the causes and ordre of the sayd partes amonge them selues for thyse thynges are veray necessary to the profyte determynacyon of tranquyllytie and of his contrary intranquyllyte But yet for al that afore we do treate of a cytie whiche is a perfyte cōmunytie and of the dyuerse kyndes or maners therof we ought fyrste to brynge in and declare the orygynall begynnynge of cyuyle cōmunyties and theyr regymentꝭ maners of lyuynge from whiche as beynge lesse perfyte men dyd procede to perfyte cōmunyties and to the regymentes maners of lyuynge vsed in theym for both nature also arte or crafte whiche counterfayteth foloweth nature do alwayes procede from the lesse perfyte thyngs to the more perfyte And men do not thynke that they haue the sure knowlege whiche is called scyence of any thynge any otherwyse but onely whan they shall haue knowen y e fyrst causes the fyrst pryncyples of it euen to the veray orygynall causes of it whiche are called elemēta We therfore procedynge accordyng to this maner ought to knowe perceyue that cyuyle cōmunyties accordyng to dyuerse regyons and sundry tymes began of a lytle thynge and so by lytle and lytle takynge encreace at the last hathe ben brought to cōplement or perfeccion lykewyse as we haue sayd y t it happeneth or cōmeth to passe in euery operacyon or worke of nature or crafte for the fyrst and the leaste cōbynacyon or cōmunytie of all humayne cōmunyties out of whiche all other cōmunyties or socyeties hath spronge was y e copulacyon socytie of man woman as the chyef of al phylosophers Arystotell sayth in the fyrste boke of his Polytykes and the fyrste chaptre and the same appereth also more largyle of his oeconomykes wherin he treateth of the gouernynge and ordrynge of an howse or howsholde for of this cōbynacyon or copulacyon of man woman verely men and women were brought forth and multyplyed whiche fyrste replenysshed onely one howse of whom mo such maner combynacyons or copulacyōs beyng made so great ppagacyon and increase of men was made that one howse coulde not be suffycyent to receyue theym But it was necessarye to make many howses the pluralytie or multytude of whiche howses beynge ioyned togyther was called in the Laten tonge vicus or vicina in Englysshe a strete this was the fyrst cōmunytie of men as it is wryten in the place afore alleged But as longe as men were but onely one howse all theyr actes dedes namely suche actes whiche we shall hereafter call cyuyle actes were sette in ordre by hym that was moste auncyent and moste aged amonge them as beynge moste dyscrete wyse but yet without any lawe or custome for because lawes and customes coulde not yet be founde out or deuysed And not onely the men y t were togyther all in onely one howse were gouerned after this maner but also the fyrst cōmunytie called a strete was gouerned well nere after the same maner thoughe in some thynges they were gouerned after a sondry maner for albeit that the gouernoure or good man of onely one howse myghte forgyue or punysshe the domestycall iniuryes trespasses done within his howse all maner wayes euen after his pleasure as he lyst hym self yet for all y t it was not lawfull for hym to do the same that was the presydent and ruler of the fyrste cōmunytie called a strete for in this cōmunytie it was necessarye that he whiche was moste auncyent and aged shuld dyspose and ordre ryghtwyse and profytable thynges by some reasonable ordynaunce or lawe in maner naturall because it semed so conuenyent vnto all men by a certayne equyte without any great serchynge forthe onely by y e cōmune Iudgemēt of reason and a certayne duetye of the humayne socyetie and felowshyp And the cause of this dyuerse and sondry maner of regymēt or gouernaunce in one howse and in an hole strete is and was for that that yf of onely one howse and of the fyrste oeconomye or domestycall famylye one brother hadde slayne or otherwyse hurte or offended an other brother without any daūger or Ieoperdye therof happenynge or folowynge the gouenour or good man of the howse myght lawfully yf he wolde not haue punysshed the trespasser with extreme ponysshement that is to wyt with deathe partely because the iniurye or offence semed to be done onely to the father whiche dyd forgyue it partely because of the

boke and the seconde chapytre when he sayth thus we do not gyue lyke maner iugementes when we be glad or mery and whan we be sad or sorye whan we do loue and whan we do hate agayne the iugemente is corrupted otherwhyles by reason of the ignoraunce of the iudges all thoughe they be of good affeccyon or intencyon whiche euyll or defaute is taken awaye and is supplyed by the lawe because in it is determyned in a maner parfyghtly what is ryght and what is wronge what is profytable and what is noysome or hurtfull as touchynge to euery one of the cyuyle actes of men But this thynge coulde not be suffycyently done by any one man alone nor yet peraduēture all the men of any one tyme coulde not be able to fynde out and deuyse or to kepe and holde in rememberaunce all the cyuyle actes whiche are determyned in the lawe ye moreouer all that euer the fyrste fynders out or deuysers and also all the men of the same tyme whiche obseruyd and marked the cyuyle actes of men dyd saye of them was but a very small thynge an vnperfyghte whiche afterwarde was made perfyghte and fynysshed by the addycyons of those men that came after theyr tyme which thynge it is easye ynoughe to perceyue by the experience that we haue had as in that that some thynges haue ben added to the lawes and some thynges taken awaye from the same other whyles howe the lawes hathe ben chaunged in to the cōtrary accordynge to the dyuersyte of ages and also accordynge to the dyuersyte of the state of tymes euen in one the same age and hereunto Arystotle beareth wytnesse in the seconde boke of his polytykes and the thyrde chapytre whan he sayd thus this thynge we ought to knowe that we ought to haue respecte and to loke vnto longe tyme and to many yeres aforegone in whiche yeres we muste knowe whether these thynges haue done well or els no that is to wyt these thynges whiche ought to be instytuted and ordayned as lawes the same he sayth also in the fyrst boke of his thetorykes and in the fyrst chapytre Afterwardes he sayth geuynge of lawes are made of thynges which hath ben consydered and had in delyberacyon a long season And this thynge is confyrmed by reason for the makynge or gyuynge of lawes requyreth and nedeth prudence and wysdome as it appered heretofore of the descrypcion of this worde lawe and wysdome requyreth longe experyence and experyence requyreth longe tyme wherfore in the. vi boke of the Ethikes and the. viii chapytre it is wryten thus A token of this whiche we haue sayde is this for many yonge men are geomatricions and mathematycans wyse or hauynge knowlege in suche thynges but not therfore euen by and by prudent the cause hereof is because that prudence is of synguler or pertyculer thynges whiche are made knowen by experyence nowe a yonge man wanteth experyence for it is longe contynuaunce of tyme that causeth or maketh experyence And therfore that whiche one man alone fyndeth out or may knowe by hym selfe alone as well in the knowlege of thynges which are ryghtuous and profytable in a cyuyle cōmunyte as in other sciences is very lytell or els no thynge Agayne also that which the men of one age or tyme can obserue or marke is but an vnperfyghte thynge in comparyson of that thynge whiche is obserued or marked of men of many dyuers ages or tymes and therfore Aristotle treatynge of theinuencyon and fyndynge out of the trouth as touchynge to euery arte or dyscyplyne and scyence in his secōde boke of Phylosophie and the fyrst chapitre sayth thus as concernyng the inuencyon of any arte or scyence deuysed by one mans wyt onely lytle or no thynge of the assured truthe in the same scyence can be founde by hym but y t that is gathered togyther in the same scyence by the wittes of many men may drawe to some quantytie of truthe But after the translacyon out of the arabical tonge this texte is more open and playne the meanynge wherof is this eche one of them that is to wyt of the deuysers and fynders out of any maner arte or dyscyplyne perceyued outher very lytell or els nothynge of the verytie or trouthe But whan all those thynges shal be gathered togyther whiche al men hath comprehēded obserued or marked than the hoole shal amounte to sūme quantite or greatnes whiche thynge maye be moste euydentlie perceyuyd by the scyence of Astronomye so than by the helpe that men haue had amonge them selues eche one of other and by the addycyon of the thynges afterwardes founde vnto the thyngs afore founde all craftes and dyscyplynes hathe receyued they pefeccyon whiche thynge Arystotle fygurallie by an example declareth in the same place aboute the inuēcyon or fyndynge of Musyke whan he sayd yf Timotheus had not ben we shuld not haue moche melodie or we shuld lacke a great parte of musyke but yf Phrynes had not ben Tymothe shuld neuer haue ben so perfyghte in melodyes that is to wyt yf he had not had the thynges inuented afore by Phrines whiche wordes Auerois expoundynge in the seconde cōmente sayth thus And that whiche Arystotle saythe in this chapitre is euydent and manyfeste for no man may or is able by hym selfe to inuente or fynde out the practyue or speculatyue scyences for the more parte for they are not made complete or perfyghte but by the helpe which he that was before-hath lefte to hym that foloweth or cōmeth after And the same he sayth in the last chapytre of the seconde boke of the Eleuches of the inuencyon of Retoryke and of all other scyences howe soeuer it be of the inuencyon of Logyke whiche Aristotle ascribeth perfyghtlie and holye to hym selfe alone without y e inuēcyon or helpe of any other man y t was afore his tyme wherin he semeth to haue ben syngulare amonge all other but this he saythe in the. viii boke of the Etikes the fyrst chapitre Two men ioynynge them selues togyther may or are able to do and to perceyue more vnderstāde thou than one man alone But yf it be so that two men may do and perceyue more moch more than moo than two both togyther and also successyuelie may do and perceyue more than one man alone and this is it whiche Aristotle saythe concernynge this present purpose in the thyrde of the politikes and the. xi chapitre But perauenture it shall seme to some man agaynst reason that one man shulde perceyue dyscerne better iudgynge with ii iyes and. ii eares or els that he shulde worke better with his ii feete and. ii handes than many men with many iyes eares feete and hādes for as moche therfore as the lawe is an iye made of many iyes that is to saye a comprehencyon or knowlege examyned of many comprehensyons to the auoydynge of erroure aboute the cyuyle iudgmentes

vndoubtedlie of certayne accyons or workes and dedes of preestes bysshoppes and deacons For not all theyr workes are spyrytuall neyther ought so to be called but rather many of theyr deades are cyuyle contencyons and carnall or temporall For they maye lende borowe delyuer to kepe bye selle stryke kylle and s●e steale cōymtte fornycacyon and adoultrie be extorcyoners brybers be traytours beare false wytnes backebyte floūdre fallin to heresy and cōmytte other synnes crymes and cōtencyons as sooneas lay men and suche as be no preestes wherfore it is to be axed demaunded cōuenyently of them whether suche maner workes or deades whiche we haue be foresayde and rehersed maye possyble be done of them be spyrytuall workes or elles ought so to be called of any man which is in his tyght mynde And it is euydente playne that no but rather that they ought to be called carnal workꝭ and temporall Wherfore the apostle Paule in y e thyrde chapytre of the fyrst epystle to the Corynthyās speakynge of suche maner accyons or workes indyfferētlye to all men saythe whan there raygneth amonge you enuy contencyon are you not carnall walke after man seynge than y t sure and vndoubted experyence dothe shewe amonge the preestes selues one of them to an other and also bytwene them seculers angers enuyes contencions to chaūce of the aforesayd other lyke actes it is manyfest and open that suche maner dedes of preestes or bysshoppes are carnall or temporall accordynge to the trouthe that neyther they be neyther ought to be called spyrytuall actes A sygne and a token that this is trewe whiche we haue sayde euen accordynge to the sentence mynde of preestes also is this that to the takynge awaye of suche maner contencyons and stryues many ordynaūces of man which they call Decretalles hathe ben made by the bysshoppes of Rome and afore them the lawes of the emperours concernynge the same cōtencyons And in dede many voluntarye accyons goynge or tournynge to the profyte or dysprofyte the good or harme of an other man for y e state of this present lyfe be done may be done by deacōs preestes or bysshoppes and therfore suche maner accyons ought to be measured by the lawe of man as it was sayde in the. xv chapytre of the fyrst dyccyon or parte shall be sayde agayne more to the purpose in the. viii chapytre of this dyccyon or parte ¶ Nowe there remayneth and is behynde to deuyde this worde Iudge and this worde Iudgement whiche betokeneth the accyon worke of a iudge in to theyr dyuerse sygnyfycacyons for these wordes are of the nombre of them which hath manyfolde sygnyfycacyōs which by reason therof myght cause great ambygnyte or doubtefulnes also do great lettynge in the determynynge of our pryncypall questyons This worde Iudge in one sygnyfycacyon is sayde of euery man whiche dyscerneth or hathe knowlege cheyfly accordynge to any qualytie whiche is called an habyte or scyence speculatyue or operatyue practyue And this nowne Iudgemente is sayde of the knowlege or dyscernynge whiche suche men haue after whiche maner speakynge y e geometrycyon is a iudge iudgeth of fygures and of the accydentes or thynges belongynge to them and the physycyon also is a iudge and iudgeth of hole men sycke men and the wyse man is a iudge iudgynge of thynges to be done thyngꝭ to be auoyded or eschewed the carpenter iudgeth of howses howe and in what maner they are to be buylded in this maner also euery man whiche hathe any knowlege or is experte in any thynge is called a iudge and iudgeth of the thynges pertaynynge to his scyence speculacyon or els pertaynynge to his operacyon or practyse in this signyfycacyon Arystotle vsed these names in the fyrst chapytre of the fyrste boke of his ethykes or moralles whan he sayd euery man iudgeth wel those thynges which he knoweth is a good iudge of those thynges Agayne this nowne iudge in an other sygnyfycacyon is sayde of hym whiche hathe knowlege of the polytyke or cyuyle lawe which by the cōmune and accustomed appellacyon or namynge is called an Aduocate thoughe in many prouynces and namely of Italy he is called a iudge Agayne also this name iudge is sayde of the gouernoure or ruler this nowne iudgemente is sayde of the sentence gyuen by suche prynce or ruler whose auctoryte is to iudge of iuste and ryghtfull thynges and thynges profytable accordynge to the lawes customes and sentences gyuen by hym selfe to cōmaūde by powre coactyne after which maner of speakynge a certayne boke is called y e boke of iudgꝭ which is one pte of y e Bible ī this significacyō Aristotle speakynge of a iudge or ruler in the fyrste chapytre of his fyrst boke of rethoryke sayde The gouernoure and iudge nowe iudgeth of thynges presente and determynate And meanynge styll after the same maner of the iudgemente of the gouernoure ruler he saythe shortly after To whome that is to wyt to the gouernour or iudge is annexed oftentymes bothe loue and hatred with propre syngulare auaūtage so that they can not yet suffycyentlye perceyue se the trouth but attende onely and take heade to that thynge whiche is delectable and pleasaunt or elles bytter and dyspleasaunt to theyr owne selues And perauenture there be other sygnyfycacyons of the nownes aforesayde but I thynke and suppose we haue shewed and marked forthe the moste famouse and cōmunelye vsed sygnyfycacyons and those whiche be most necessarye to the inquysycyon purposed here of vs. ¶ Of the oracles and auctorytes of y e holy scrypture and certayne other argumentacyons by whiche it semeth that it may be proued that bysshoppes or preestes in that they be such maner persons ought of dewtye to haue powre iurysdyccyon coactyue yea without the graūte of any temporall prynce or maker of lawes y t the hyghest of all such iurysdicciōs is dewe to y e bysshop of Rome called the pope The iii chapytre NOwe than y e dyuerse intēcyons or sygnysycaciōs of those nownes or wordes aboute which the most parte of our inquysycyon shall be occupyed thus suffycyētly declared shewed we cōmīge nere more boldely to our purpose pryncypally intended shal fyrst of al brynge forthe y e auctorytes of holy scrypture by the whiche it myght appere to some men that the bysshop of Rome called the pope is the hyghest iudge accordynge to the thyrde sygnyfycacyon of this worde iudge or iudgement ouer and vpon all the bysshoppes or preestes other ecclesyastical mynystres of y e worlde also ouer all prīces gouernours of this wolde all cōmunyties cōpanyes or feloshyppes all synguler persons of what soeuer estate they be ¶ And of al these auctoryties let vs fyrst put the ordre of wordes whiche are had in the. xvi chapytre of Mathewe where chryste speakynge to Peter saythe To the I wyll gyue the keyes