A07402:39
A civil nosegayA ciuile nosgay
A civil nosegay wherein is contained not only the office and duty of all magistrates and judges but also of of [sic] all subjects with a preface concerning the liberty of justice in this our time newly collected and gathered out of latin and so translated in to the English tongue by I.G.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.
printed for John goodale, 1550printed for Ihon goodale, 1550
Title page typeset from the transcription.
Modern spelling is a reading aid: the words are the author’s, only the spelling is modernized. Original shows the page as printed, with the transcription marks.
They call that the rigour 1of the law, when the laws be discreetly / and sincerely used / 2without mitigation of any circumstance / commonly they call it in latin, strictumius, equity of the law is a mitigation of the law in some circumstance, nor yet doth approve and allow. the trespass ⟨image 18⟩or offence, but meekly sometime, because of some circumstance, it doth punish, as when a judge meekly doth punish a man, that hath offended, which seemeth to be of an wholesome & a good wit, equire doth appear at large in every place or in terpretaciō of laws, for there is no law, which in all cases may be observed & kept by equal severity without eat, therefore equity ought to be y• interpreter of all laws, that where need is, they may be bowed & turned to y• gentler sentence, & therefore a rule is to be holden & kept, as often as divers Laws so […] together, y• they cannot be kept together, y• superior law is to be preferred, as christ did touch the lepers on y• sabbath day, he thereby did violate y• sabbath day, because divers laws did run together, he did both prefer and ⟨image 18⟩also teach the superior law to be preferred for the superior law is that the testimonies of Doctrine should be showed, & that love should be preferred before ceremonies, according to that saying, I will rather marry then sacrifice. Therefore he do•teth not to touch the lepers, yea he healeth them in the sabbath day. Thus the law doth wisely forbid servile works, y• is assiduous labour taken or done for cause of lucre and not for cause of office, then it forbiddeth not modem offices necessary to save men, much less it forbiddeth the testimonies of gods word, & the miracles which be the works of god, there be judgements sufficient of examples of all times.