A07402:54
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.
¶ Whether a judge ought to judge according to equity or according to the positive law called the Law written.
¶ 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 third of the politics to judge things or causes by the positive law, because that uncertain opinions lightly bringeth forth, & engendereth discords of citizens, where as no written 1Law is, there be uncertain ⟨image 23⟩opinions or else contrary, for it may often times fortune, that to other judges another thing may be seemed & thought, also the written law doth good, because it coerceth the affections of Judges, he that commandeth the Law to be above God, he giveth also to the laws an empire, he that commandeth a man to be preferred, preferreth best for covetousness & anger, or dy•• leisure depraveth also the best men ▪ The law is a mind with out covetousness, what needeth in so manifold a thing, many arguments. There is no law principally made of this case, if a man in great necessity taketh away metes, or else be course of age doth offend, since, this case is by some means not like that manner of kind, whereof principally the law ⟨image 24⟩doth s•eke / here now equity hath place, so the law to put homicides 2to death, is made principally of murder, constituted & petulantly don.
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, & engēdreth discordes of cityzens, where as no written