¶ The Emperor Adrian, him, 1who had killed his Son, because he had adulterated his Stepmother, commanded so to be brought forth, that with the extremity of the Law the privy murder might the more hardly be avenged, but he did adhibit to the counsel a circumstance, as who saith the very dolour and sorrow of his father. At Gellius the .xiiij. Book and the .vii. Chapter, the Areopagites 2delivered a woman Smyrneam ⟨image 19⟩that had killed her Son, and her Husband be poisoning, who had first killed the woman's Son that was borne in the former Marriage, gave sentence because the cause should be known again an hundred years after, that thus they neither do allow the cruel mischiefs did, and yet they forgive the pain, because of the very dolour and sorrow of the Mother, like Equity, the Gods be feigned to use in remitting. Mars and Orestes, for they forgave the pain, for the very just and right dolour because Mars had avenged the stupre of his daughter, &, Orestes his fathers death. These 3things wise men did feign, because it should be signified, mitigation doth please God, done for a probable cause. Thus sometime ⟨image 20⟩ges do lose and rewyt them that defend them selves by violence against violence, although a little they exceed y• measure of three blameless tutele & defence, And thus Cato did lose milo by his sentence because clodius did begin y• fygh ting, hitherto of the extremity of the law that beginneth noc of calumnious interpretation, but is the very sentence of the law, as in the cause of Manlius or Milo, yet that very law where circumstance requireth mitigation, nor for cause of example hath no need of severity is made injury. Therefore it is said. Summum jussumma iniuria. The extremity of the law is an extreme injury. There is an other certain manner of mocking or exacerbating 4the law, as who saith calunnia, i. calumny which properly ⟨image 20⟩is not called the rigour or extremity 5of the Law, but rather doth fight with the law, it is interpretated a law with some sophistical cavillation, they call it a beguiling ordereyuyng of the Law, as if a man taketh peace for .xxx. days, and in the night destroyeth his enemies fields.
¶ The Emperoure Adryan, hym, 1who 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 2delyuered a woman Smyrneam ⟨image 19⟩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 3thynges wyse men dyd fayne, because it should be sygnyfyed, mitigacion dothe please God, done for aprobable cause. Thus somtyme ⟨image 20⟩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 4the lawe, as who sayth calūnia, i. calūny whiche properly ⟨image 20⟩is not called the rigore or extremite 5
- 1Pe•aci•es.
- 2Aropagites.
- 3Mitegacion of pain.Mitegacion of payne.
- 4Extre• injury.Extre• iniury.
- 5[…].〈…〉.
