A07402:66
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 it is lawful for private persons to kill tyrants, that is cruel officers.
¶ Whether it is lefull for priuat persons to kyll tyrantes, that is cruell offecers.
IF a tyrant be a private man invading the Empire by sedition and rather, then the Empire should be destroyed they which ⟨image 29⟩with lawful Magistrates do agree may privately kill him, as a these, if he be taken in the fault or deed, that is doing or working any thing, stirring the people or making assault on any persons. Thus any private parson lawfully might kill Catiline, sedition 1ones stirred, even also as Fuluius did kill his son taken again after he fled away, and the laws do agree, that a man may kill his father, that hath committed against the common weal. Secondarily if a tyrant be in a magistracy authority or office, and Cruelly and notoriously doth injury to the subjects, defence is granted to them / incontinently as well in private peril, as in a business touching or pertaining to the common weal, as 2in the history of the Helvetians, ⟨image 30⟩magistrates commanded the citizen to produce his son, and a dart to be directed to him of his father casting it, also the tribune of soldiers in the host of Caius Marius was killed of a young man, to whom the tribune was doing hurt and violence, and the laws in the pandects do agree to kill the consul that was taken in adultery. And in like case if any be made enemies, they be lawfully excused although incontinently, they avenge their notorious injuries, as harpagus accersed Cyrus against Astiagen / 3who gave to him his Son to be eaten.