Doeth wisedome more auaile, then strength in battaile?
Doe olde men or young men, better gouerne a common
wealthe?
Is Phisicke more honourable then the Lawe?
A Oracion made vpon _Thesis_, is after this sorte made.
Use a _exordium_, or beginnyng.
Unto the whiche you maie adde a Narracion, whiche is
a exposicion of the thyng doen.
Then shewe it lawfull.
Iuste.
Profitable.
And possible.
Then the conclucion.
To this in some parte of the Oracion, you maie putte in
certaine obieccions, as thus.
Upon this question: Is it good to marie a wife?
In Mariage is greate care, and pensiuenesse of minde, by
losse of children, or wife, whom thou loueste. There is also
trouble of dissolute seruauntes. There is also greate sorowe
if thy children proue wicked and dissolute.
The aunswere to this obiection, will minister matter to
declaime vpon.
¶ Is it good to Marie.
SInce the tyme of all ages, and the creacio[n] of the
worlde, GOD hath so blessed his creacion, and
meruailous workemanship in manne: as in all
his other creatures, that not onelie his omnipo-
teucie, is therby set forthe. But also from tyme
to tyme, the posteritee of men, in their ofspring and procrea-
[Sidenote: Kyngdomes
continue by
mariage and
co[m]mon welth[.]]
cion, doe aboundantlie commonstrate thesame. The state of
all kyngdomes and common wealthes: by procreacion deri-
ued, haue onelie continued on the face of the yearth, thereby
[Fol. lv.r]
many hundred yeres. How sone would the whole worlde be
dissolued, and in perpetuall ruine, if that God from tymes
and ages, had not by godlie procreacion, blessed this infinite
[Sidenote: The dignitee
of man, she-
weth the
worthines of
mariage.]
issue of mankinde. The dignitée of man in his creacion, she-
weth the worthie succession, maintained by procreation. In
vaine were the creacion of the worlde, if there were not as
manne so excellente a creature, to beholde the creatour, and
his meruailous creacion. To what vse were the Elementes
and Heauens, the Starres and Planettes, all Beastes and
Foules, Fisshe, Plantes, Herbes and trees, if men wer not,
for mannes vse and necessitée, all thinges in the yearth were
made and procreated. Wherein the Stoike Philosophers do
note the excellencie of man to be greate: for saie thei, _Que in
terris gignuntur omnia ad vsum hominum creari_. To what
vse then were all thynges, if man were not, for whose cause,
vse, & necessitée these thynges were made. If a continuaunce
of Gods procreacion were not, immediatlie a ruine and ende
would ensue of thinges. What age remaineth aboue a hun-
dred yeres? If after a hu[n]dred yeres, no issue wer to be, on the
[Sidenote: Godlie pro-
creacion.]
face of the yearth, how sone wer kyngdoms dissolued, where
as procreacion rooteth, a newe generacion, issue and ofspring,
and as it were a newe soule and bodie. A continuaunce of la-
wes, a permanente state of common wealthe dooeth ensue.
Though the life of manne be fraile, and sone cutte of, yet by
Mariage, man by his ofspryng, is as it were newe framed,
his bodie by death dissolued, yet by issue reuiued. Euen as
Plantes, by the bitter season of Winter, from their flowers
fadyng and witheryng: yet the seede of them and roote, vegi-
table and liuyng, dooe roote yerelie a newe ofspryng or flo-
[Sidenote: A similitude.]
wer in them. So Mariage by godlie procreacion blessed, doth
perpetually increase a newe bodie, and therby a vaste world,
and infinite nacions or people. Xerxes the mightie kyng of
Persia, vewing and beholding his maine and infinite hoste,
wéeped: who beyng demaunded, why he so did. _Doleo inquit
post centum annos, neminem ex hijs superesse._ It is a pitée-
[Fol. lv.v]
fulle and dolefull case, that after a hundred yeres, not one of
these noble capitaines, and valiant soldiers to be left.
¶ The obieccion.
But you will saie parauenture, mariage is a greate bon-
dage, alwaies to liue with one.
¶ The solucion.
To followe pleasure, and the beastlie mocions of the
mynde: what libertée call you that, to liue in a godly, meane,
[Sidenote: The libertie
in mariage.]
and Mediocritée of life, with thy spoused wife. There is no
greater ioye, libertée, or felicitée, who so practiseth a dissolute
life: whose loue and luste is kindeled, and sette on fire with a
[Sidenote: A brutishe
societie with
harlottes.]
harlotte, he followeth a brutishe societée. What difference is
there, betwene them and beastes? The beaste as nature lea-
deth, he obaieth nature. Reason wanteth in beastes, manne
then indued with reason, whiche is a guide to all excellencie
how is it that he is not ruled by reason. Whom GOD hath
clothed and beautified, with all vertue and all singularitée:
If a godly conuersacion of life, moueth thée to passe thy daies
without mariage, then must the mocions of thy minde, be ta-
[Sidenote: Chastitee
in mariage.]
med and kepte vnder. Other wise, execrable is thy purpose,
and determinacio[n] of the life. If thou hopest of loue of a harlot
though thou enioye her otherwise, thou art deceiued. Bac-
chis the harlot, whom Terence maketh mencion of, in the
persone of her self, sheweth the maners of all harlots to An-
tiphila, saiyng.
_Quippe forma impulsi nostra nos amatores colunt:
Hec vbi immutata est, illi suum animum alio conferunt.
Nisi prospectu[m] est interea aliquid nobis, deserte viuimus._
For saieth she, the louer anamoured with our loue, and
sette on fire therewith, it is for our beautie and fauour: but
when beautie is ones faded, he conuerteth his loue to an o-
ther, whom he better liketh. But that we prouide for our sel-
ues in the meane season, wée should in the ende liue vtterlie
forsaked. But your loue incensed with one, whose maners
and life contenteth you: so you bothe are linked together,
[Fol. lvj.r]
[Sidenote: The loue of a
harlotte.]
that no calamitée can separate you: who so hopeth loue of a
harlotte, or profite, he maie hope as for the fructe of a withe-
red tree, gaine is all their loue, vice their ioye and delite. In
vertue is libertée, in vertue is felicitee, the state of mariage is
vertuous, there can be no greater bo[n]dage, then to obaie ma-
ny beastly affections, to the whiche whoredome forceth hym
vnto, Loue is fained, cloked amitée, a harte dissembled, ma-
ny a mightie person and wise, hath been ouerthrowen by the
deceiptes of harlottes: many a Citee plagued, many a region
ouerthrowen for that mischief, to obaie many affections is a
greate bondage. Who so serueth the beastlie affections of his
[Sidenote: Hercules.
Omphala.]
mynde to that purpose, he must also as Hercules to Ompha-
la bee slaue, not onely to his owne will and affection: but to
the maners, will, and exspectacion of the harlotte. So serued
Thraso, and Phedria Thais, that Gorgious harlot, Antony
and Iulius Cesar, Cleopatra, this is a bondage, to liue slaue
from reason and all all integritee, to a monsterous rableme[n]t
[Sidenote: The harlot-
tes lesson, to
her louers.]
of vices, who so serueth a harlot, thei must learne this lesson.
_Da mihi & affer_, giue and bryng.
The women of Scithia, abhorryng the godly conuersa-
cion of mariage, with their housbandes, lefte theim, who in
tyme ware so mightie, that thei repelled theim by force: thei
called mariage not Matrimonie, but bondage. For, the chro-
nicles doe testifie, thei became conquerours ouer many kyn-
ges, all Asia obaied them: thei did builde many a great citee,
and for theire successe, thei might compare with many prin-
[Sidenote: The life of
the Amazo-
nes.]
ces. These women were called Amazones afterwarde, the
order of their life was this, ones in the yere thei would en-
ioye the compainie of a man: if it so were that thei had a man
childe, the father to haue it, if a daughter, then thei possessed
her, and foorthwith burned her right pappe: for thei were all
Archers, and wonderfully excelled therein, but in the ende,
[Sidenote: Thalestris.]
thei came all to ruine. One of them, Thalestris their Quene
in the tyme of Alexander the Greate, came to Alexander,
thinkyng that he had been, some monstrous man of stature:
[Fol. lvj.v]
[Sidenote: The offer of
a woman to
Alexander.]
whom, when she did beholde (for Alexander was of no migh-
tie stature) did contemne hym, and offered him hand to hande
[Sidenote: The answer
of Alexander
to the offer.]
to fight with hym. But Alexander like a wise Prince, saied
to his men, if I should ouercome her, that were no victorie,
nor manhoode againste a woman: and being ouercome, that
were greater shame, then commendacion in all my victories
and conquestes, but afterwarde, there was a greate familia-
ritée betwene them. The adulterer and the adulteris, neuer
prospereth, for many mischiues are reserued, to that wicked
and beastly loue. Sincere loue is not rooted, frendship colou-
red: the sober and demure countenaunce, is moche to be com-
mended in a chaste woman, whose breaste pondereth a chaste
[Sidenote: The facte of
the matrones
of Rome.]
life. The facte of the matrones of Rome, semeth straunge to
be tolde, of Papirius a Senators soonne, beyng taken to the
Senate house, of his father: the childe beyng indued with a
singuler wit, harde many causes in the assemble, talked and
consulted vpo[n], at his retourne home, his mother was inqui-
sitiue of their consultacion, to heare somewhat. The childe
was commaunded by his father, to vtter no secrete that he
heard, wherevpon of a long tyme, he refused his mothers de-
maunde: but at the laste subtelie, he satisfied his mothers re-
[Sidenote: Papirius.]
quest. Truth it is, my father willed me, to vtter no secret, you
keping my counsaill, I will shewe you, it is concluded by the
Senate house, that euery man shall haue twoo wiues, that
is a straunge matter, saieth the mother: foorthwith she had
communicacion with all the matrones of Roome, that could
doe somewhat in this matter, thei also full willyngly assem-
bled themselues, to let this purpose, to the Senate house, thei
went to vtter, their swollen griues. The Senators were a-
mased at their commyng, but in this matter bolde thei were,
[Sidenote: The Oracio[n]
of a matrone,
to the Sena-
tours.]
to enterprise that, whiche thei wer greued at. A Dame more
eloquente then all the reste, and of stomacke more hardie, be-
gan in these woordes. Otherwise then right, we are iniuri-
ously handled, and that in this assemble, that now we should
be caste of and neclected: that whereas it is concluded in this
[Fol. lvij.r]
counsaile, that euery manne should haue twoo wiues, more
meter it were, that one woman should haue twoo housban-
des. Straunge it was in the Senators eares soche a request,
whereupon a proofe made how that rumour rose, Papirius
was found the aucthor, who tolde before the Senate, his mo-
ther alwaies inquisitiue to knowe that, whiche he should not
tell, and thereupon he faigned that, whiche he might better
tell. It is to be supposed the Senators mused thereat, and the
matrones of Rome went home ashamed: but their secrete co-
gitacion of minde was manifest, what willingly in hart thei
wished. What greater felicitee can there bee, then in a vnitée
of life, the housebande to liue with his wife. The beastes in
their kinde, doe condemne mannes brutishe affections here-
in: there is no facte that sheweth a man or woman, more like
to beastes, then whoredome.
¶ The obieccion.
But you will saie, many calamitées happeneth in mariage?
¶ The solucion.
Fortunne herein is to bee blamed, and not mariage, if a-
ny misfortune happeneth to manne therein, the felicitée and
[Sidenote: Eleccion in
Mariage.]
quiet state that any man enioieth thereby. The discrete elec-
cion is therein approued, in the state it self, nothyng can bee
founde worthie reprehension, if a man will impute the bit-
ter stormes of life to mariage: whatseouer happeneth, our
owne reason maie iudge contrary. Place before thy iyes all
the affaires, and occupacions of this life, bee all tymes plea-
saunte to the housebande man, many a colde storme perceth
his bodie, and many a mightie tempeste, dooeth molest hym
and greue hym. Sommer is not the tyme, to caste his seede in
the grounde, or implowyng to occupie hymself: shall he ther-
fore leaue his housebandrie, or doeth he rather neclecte it, his
diligence therein is the more, and labour more industrious.
From whence commeth the tempeste, the stormes and bitter
seasons? From his house, from his wife, from his art and oc-
cupacion, all those thynges by violence are expelled from the
[Fol. lvij.v]
aire. No state of life is able to giue riches, healthe, or securitée
[Sidenote: Emperours.]
to his state. There hath been princes and Emperours, nedie,
full of infirmitées and sickenes, in daungerous state, oppres-
sed with many calamitées: was their dignitie and office, the
cause of their calamitées? No, God tempreth the state of eue-
ry one, how, and after what sorte to possesse thesame. Some
[Sidenote: Mariage.]
are fulle fortunate in Mariage, if Mariage were of necessitée
the cause, then all should be onely fortunate, or onely vnfor-
tunate: then in mariage is not the cause, if in marige the ma-
ners doe disagrée, and loue is extinguished, blame thyn own
[Sidenote: The Mari-
ners.]
maners, thy choise, and thy eleccion. The Mariner that pas-
seth the daungerous Seas, and by dreadfull tempestes, and
huffyng waues is alwaies in perille, and many often tymes
[Sidenote: The Mar-
chauntes.]
drouned. The Marchaunt lesyng his marchaundise by ship-
wrack, shall thei impute the daunger and losse, to their wife
at home? Or doe the Mariners leaue for all these tempestes,
their arte of Nauigacion? Or the owner breake his shippe?
Or the Marchaunt proue no aduentures, because of his losse,
and many haue been of this sort drouned. No. But more ear-
[Sidenote: Warre.]
nestlie thei dooe assaie theim selues thereto. Because warre
spoileth many a man of his life, doe Princes therefore, leaue
to moue armour againste the enemie, but because, who so in
the defence of his countrée, dieth manfullie, is worthelie ad-
uaunced, and in perpetuall memorie, no daunger is refused,
because euill thynges happeneth in life, is the state of good
thynges to be auoided and eschued. Were it not vnsemelie,
if housebande men, for no storme or tempeste, doe leaue their
state, their laborious and rough co[n]dicion of life, nor the ship-
man his arte of Nauigacion, because he seeth many drouned
venteryng thesame, and he hymself often tymes in daunger,
nor the soldiour or capitain, their perilous condicion of life,
doe leaue for daunger. Should Mariage bée lesse sette by, be-
cause alwaies riches and quietnes happeneth not.
¶ The obieccion.
The losse of a good wife and children, is a greate grefe to
[Fol. lviij.r]
any man, and a cause to blame mariage.
¶ The aunswere.
[Sidenote: The lawe of
Nature.]
You your self are borne to dye, thei also by death obaye
likewise Nature, this is the Lawe of Nature ones to dye,
whiche you séeme to blame. Then the death of thy wife and
childre[n], is not the blame in Mariage. What is the cause that
you dye? Natures imbecillitée and weakenes, then in theim[.]
Mariage is not the cause: Nature in her firste molde hath so
framed all, wherefore doe you ascribe that to mariage, that
is founde faultée in Nature. Thei die that marie not, what
infirmitie, daunger or peril happeneth to any in mariage, as
sharpe and perilous, doe molest and torment the other. If any
manne by death, leaseth a right honeste wife, clothed with all
chastitée, demurenesse, sobrietée, and also with all singulari-
tée of vertue adorned: he hath loste a rare treasure, a iewell of
[Sidenote: A chaste wo-
man.]
price, not in all to bee founde. Did you loue your wife, that
was so goodlie, so honeste and vertuous: there was greate
cause saie you, for her vertuous sake, God hath chosen her fro[m]
a mortall creature, to immortalitée, with her it can not bée
better. There is no cause why you should blame mariage,
for the losse of her, or of thy children, or for the losse of thee,
she to blame mariage. If for thy owne sake, this sorowe bee,
_Est seipsum amantis non amici_, it is then of a self loue, to thy
self, not for her cause: for I muste aunswere as Lelius did to
Affricanus, _Cum ea optime esseactu[m] quis neget, quid est quod
no[n] assecuta est immortalitatem_. Who can deny saieth he, but
that with her it can not bee better? What is it that she hath
not attained. Immortalitée. She was vertuous, chaiste, so-
ber, descrete, of behauiour womanlie: for her vertues belo-
ued. Well, now she hath immortalitee and blesse, are you so-
rie thereat, that were enuious. Did you loue her liuyng, loue
her also departed, her vertuous shewed vnto vs, her immor-
talitée.
¶ The obieccion.
There is a care for the wife and children, if the housband
[Fol. lviij.v]
dye before theim.
¶ The aunswere.
[Sidenote: A wretched
executour.]
If thou leaue them riches, hope not that thy riches shalbe
a staie to theim, though thei bee innumerable: a wretched, a
miserable executour, wasteth and destroieth oftentymes, the
fruictes of thy trauaile, who reioyseth more of thy death, then
of thy life. Or thy childrens father in Lawe, shall spoile and
spende with a merie harte, that whiche thou haste long tera-
[Sidenote: Gods pro-
uidence.]
uailed for. Staie thy self and thyne vpon Gods prouidence,
for it hath been seen, many a riche widowe, with infinite
treasure lefte, to her children also like porcions descendyng:
afterwarde bothe wife and children, haue been brought to
miserie and beggerlie state. Otherwise, poore children com-
mitted to the prouidence of God, and vertuouslie brought vp,
and the wife in like state, yet thei haue so passed their daies,
that thei haue rose to a goodlie state. See that thy richesse bée
not iniuriouslie gotten by falshode, by liyng, by Usurie, if it
so be, then _Male parta male dilabuntnr_. That is this, gooddes
euill gotte, euill spente, soche riches neuer giue déepe roote
to their ofspryng. That is an euill care, by a iniurious care,
to purchase thynges and gooddes wickedlie.
Also mariage taketh awaie widowhed, and doeth repare
with a newe freshe mariage, the lacke and priuacion of the
[Sidenote: Death.
Mariage.]
other. She that was by death left a widowe, mariage again
hath coupled her to a newe housbande: and doeth restore that
whiche death tooke awaie. That that death dissolueth and
destroieth, mariage increaseth, augme[n]teth, and multiplieth.
Bee it so, but mariage is a painfull life, it forceth euery one
to trauaile, to vpholde and maintaine his state, I commende
not the idell life, neither a life occupied to no vertuous ende.
Nature moueth euery manne to loue hymself and his, so thy
care and paine be to a godlie purpose. It is commendable. It
is the duetie of euery man, as his power, witte, and industrie
is able, to emploie thereto his cogitacion. To laboure for thy
wife, whom thou loueste, and deare children, thy laboure is
[Fol. lix.r]
pleasure, the ioye easeth thy labour. To behold thy self in thy
children, thei beyng vertuouslie broughte vp, it is a goodlie
[Sidenote: The mariage
of a chaste
woman.]
comfort, to liue with a chaste woman, sober and continente,
her vertues be a continuall pleasure, a passyng ioye. In ma-
riage ought to be greate deliberacion, whom thou chosest to
thy continuall compainie or felowshippe, her life paste well
knowen, her parentes and kindrede how honeste and vertu-
ous, her maners, her fame, how commendable, her counti-
[Sidenote: The choise
of a wife.]
naunce sober, a constaunt iye, and with shamefastnes beau-
tified, a mouthe vttering fewe woordes discretlie. She is not
to be liked, who[m] no vertuous qualitées in her educacio[n], beu-
tifieth and adorneth, the goodlie qualitees sheweth, the well
framed and nurtured mynde. These thynges maie be suffi-
ciente, to shewe what excellencie is in mariage and how ne-
cessarie it is, to the procreacion and preseruacio[n] of mankind.
¶ _Legislacio._
¶ A Oracion either in the defence of
a Lawe, or againste a Lawe.
MAny learned menne are in this opinion, that vpon
a Lawe alledged, a Oracion maie bee made in the
defence of it: or matter maie be suppeditated, to in-
uaigh by force of argument againste it.
Although the lawe alleged be in maner the whole cause,
bicause it doeth co[n]tain al the matter included in the oracion.
In this Oracion, the persone is induced to be spoken vp-
pon, vnknowne, vncertaine: wherefore it is to be placed, ra-
ther in the state and forme of consultacion, and to bée exami-
ned with iudgement.
The induccion of a Lawe, is in twoo sortes.
A confirmacion of any olde Lawe, or a confutacion.
As for example.
The Ciuill Lawe doeth well commende, bondmen to be
manumised, that is, to be made free.
The lawe is herein to be praised, that willeth the cou[n]sail
of the parentes & frendes, to be knowne before the contracte.
[Fol. lix.v]
Upon a Lawe alledged, worthelie matter maie rise, waigh-
yng the godlie ende, whereunto the Lawe was firste inuen-
ted, decreed and stablished, what profite thereof ensueth and
foloweth. What it is to vertue a mainteiner, otherwise if it
be not profitable? What moued any one to frame and ordain
soche a Lawe, as was to a common wealthe vnprofitable, to
vertue no aider, if it were a profitable Lawe and godlie, it is
as Demosthenes saieth, of God inuented, though by famous
[Sidenote: Lawe.]
wise, and godlie menne, stablished and decréed. Good Lawes
tempereth to all states equitee and iustice, without fauour or
frendship, no more to the one then the other.
The order to make an Oracion by a lawe, is in this sort.
First, make a prohemiu[m] or beginning to enter your matter.
In the seconde place, adde a contrary to that, whiche you
will entreate vpon.
Then shewe it lawful.
Iuste.
Profitable.
Possible.
You maie as in _Thesis_, whiche was the Oracion before,
vse a contradiction or obiection: and to that make an answere
or solucion.
¶ A confutacion of that Lawe, whiche suffered
adultrie to bee punished with death, no
iudgement giuen thereupon.
[Sidenote: The moste
rigorous and
moste cruell
lawe of Solo[n][.]]
SOlon, who was a famous Philosopher, in the
time of Cresus king of Lidia, and a lawe giuer
to the Athenians: by whose Lawes and godlie
meanes, the Athenians were long and prospe-
rouslie gouerned. Emong many of his lawes,
this Solon set forthe againste adulterers. _Fas esse deprehen-
denti mæchum in ipso adulterio interficere_: it shalbee lawfull
saieth he, who so taketh an adulterer in his beastlie facte, to
kill hym. Solon beyng a wise man, was more rigorous and
cruell, in this one Lawe, then he ought to be. A meruailous
[Fol. lx.r]
matter, and almoste vncredible, so wise, so noble and worthy
a Lawe giuer, to bruste out with soche a cruell and bloodie
lawe, that without iudgement or sentence giuen, the matter
neither proued nor examined, adulterie to be death. Where-
fore, reason forceth euery manne, to Iudge and ponder with
[Sidenote: Adulterie a
horrible vice.]
hymself, that either adulterie is a moste horrible vice, moste
beastlie & pestiferous, and not mete to tary vpon the censure,
and sentence of a Iudge: or Solon was not so wise, discrete,
and a politike persone, but a rashe and fonde lawe giuer, that
in soche a terrible voice, he should burste out, as adulterie so
horrible, as not worthie to be pondered, examined and boul-
ted of in Iudgemente. The Athenians receiued that Lawe,
thei did also obaie his other lawes. Their dominions there-
by in felicitée was gouerned: there was no populous nom-
ber of adulterers, to let that Lawe, thei liued moste godlie, a
straunge worlde, a rare moderacion of that age and people.
[Sidenote: Plato aga-
inste adultrie
made a lawe.]
Plato the godlie Philosopher, who lefte in his woorkes, and
monumentes of learnyng, greate wisedome and also godlie
Lawes in his bookes: intiteled vpon Lawes, and gouerne-
ment of a common wealth, did not passe by in silence, to giue
and ordain a Lawe against adulterie. Who also as it semed
Iudged adulterie as moste horrible and detestable, in his .ix.
booke _de Legibus_. This is the Lawe. _Adulteram deprehen-
sam impune occidi a viro posse._ The adultrous woman saith
he, taken in the crime, her housbande maie without daunger
of death, or feare of punishement slea her. A straunge matter
twoo so noble, so famous for wisedome, to make adulterie
present death, no Iudgement or sentence of Magistrate, pro-
cedyng to examine and iudge, vpon the state of the cause. A
man maie saie, O goodlie age, and tyme in vertue tempered,
eche state as seemeth brideled and kepte vnder, and farre fro[m]
voluptuousnes remoued. There was no stewes or Baudes
houses, where soche Lawes and Lawmakers were. Sobrie-
tée was in maides, and chastitée harboured in matrones and
wedded wiues, a harte inuiolable to honeste conuersacion.
[Fol. lx.v]
Where adulterie is cutte of, there many detestable vices,
[Sidenote: Catos sen-
tence vpon
adulterie.]
and execrable purposes are remoued. Cato the sage Peere of
Rome, indued with like seueritée, did fauour that lawe and
highlie extolled it. Although adulterie bee a detestable vice
horrible, yea, although it be worthie death, better it were by
iudgemente, and the sentence of the Magistrate, the faute to
[Sidenote: Lawe.]
bee determined: then at the will of euery manne, as a Lawe
by death to bee ended, the common wealthe shalbee in more
quiet state, when the horrible factes of wicked menne, by the
[Sidenote: The Iudge,
a liuely lawe.]
Lawe made worthie of deathe: are neuerthelesse by a liuelie
Lawe, whiche is the Iudge, pronounced and condemned, ac-
cordyng to the Lawe. Els many mischiues might rise in all
kyngdomes and common wealthes, vnder a colour of lawe,
many a honeste persone murthered: and many a murtherer,
by cloke of a Lawe, from daunger saued. In Rome somtime
a Lawe there was ordained againste adulterie, whiche was
called _Lex Iulia_, this Lawe Octauius Augustus set foorthe.
The Lawe was thus, _Gladio iussit animaduerti in adulteros_[.]
The lawe commaunded adulterers to be hedded. The chro-
nicles of aunciente tymes herein doe shew, and the decrées of
auncient elders also, how horrible a thing adulterie is, when
thei punishe it with death. Who knoweth not emo[n]g the Is-
raelites, and in the olde lawe thei wer stoned to death. Well
as Magistrates are in common wealthes remoued, or as ti-
mes chaunge, lawes also are chaunged and dissolued: and as
the Prouerbe is, _Lex vt Regio_, the Lawes are accordyng to
the Region. Afterwarde Ualerius Publicola, a man ascen-
dyng to high nobilitée of honour, and fame emong, the Ro-
maines gaue this Lawe. _Qua neminem licebat indicta causa
necare._ By this lawe it was not lefull, any manne to be put
[Sidenote: A godly law.]
to death, their cause not examined in Iudgemente, this was
a goodlie Lawe. Then afterwarde, Lawe giuers rose in the
common wealth, that with more facilitee tolerated that vice,
then wickednesse flowed, adulterie not punished by death.
And sence that, the Romaine Empire, wrapped and snared
[Fol. lxj.r]
with soche mischiues hath decaied, in fame, nobilitée and ver-
tue. Many a parte of their dominion plagued, deuoured, and
[Sidenote: The good
manne.]
destroied. The good and godlie menne, nede not to feare any
Lawe godlie, their life beyng in vertue and godlines nurtu-
red. The terrible sentence of a lawe, forceth the good and god-
lie, to perseuere and continue in godlines. The terrible sen-
[Sidenote: Lawe.]
tence of a Lawe, cutteth of the wicked enterprises of pestife-
rous menne. Uice where lawe is not to correcte, will inure it
[Sidenote: Uice as a
lawe by cu-
stome.]
self by custome as a Lawe, or borne and tolerated againste a
[Sidenote: Adulterie.]
Lawe. Therefore as adulterie without Iudgemente, to bee
punished worthie of death is vngodlie: so it ought not to bee
passed ouer, or tolerated in any Region or common wealth,
as no lawe seuerely to punishe thesame.
¶ The contrarie.
AL other lawes doe differ, from that rigorous lawe
of Solon and Plato herein, yea, and though thei
be vices horrible, yet thei ar not determined, with
out the sente[n]ce of the Magistrate and Iudge. But
this cruell Lawe of Solon, doeth repugne all lawes, stabli-
[Sidenote: The lawe v-
niuersall and
equall to all
menne.]
shed in all Citees and common wealthes. And sithe the lawe
is of hymself vniuersall, with equitée, giuing and tempering
to all states. Fonde muste that Lawe bee of Solon, whiche
rashely, without consideracion of iudgement doeth procede,
no man ought in his own cause, to be his own iudge or Ma-
gistrate. This is argument sufficient to confounde the lawe
of Solon. All Lawes are repugnaunte to that, because with
Iudgement thei procede against vices moste pestiferous. In
[Sidenote: Thefte.]
common wealthes Theft is by lawe, pronounced worthie of
death, whereupon also the Magistrate and Iudge, determi-
neth the matter, and heareth of bothe the action of the case,
before he condempneth, so in all other mischiues.
But you maie saie, many mischiues riseth of adulterie.
Although it so be, the Iudge determineth vpon Murder,
whiche is in like sort horrible, soche also as dooe séeke to caste
into perill their countrée, and by treason to destroie thesame,
[Fol. lxj.v]
Iudgemente proceadeth by determinacion of the Lawe and
Iudge. And so in all other wicked factes, and mischiuous en-
terprises, the Iudgement in euery cause procedeth, as Lawe
[Sidenote: The Iudge
a liuely lawe.]
and right willeth, from the mouthe of the Iudge, he beyng a
liuelie Lawe, to the Lawe written. The cruell Lawe of So-
lon, is like to the phantasie and wille of a tyraunte, who, as
phantasie and will leadeth, murdereth at his pleasure, whose
will is alwaies a sufficient Lawe to hymself, as who should
[Sidenote: The will of a
tyraunte his
owne lawe.]
saie, so I wille, so I commaunde, my wille shall stande for a
Lawe: but godlie lawes doe iustlie, accordyng to reason and
vertue, tempereth the cause of euery man. No godlie Lawe,
maketh the accuser his owne Iudge.
¶ Lawfull.
[Sidenote: Lawes were
made for two
causes.]
WHo so by Lawe is iudged, and the offence proued,
there is no excuse in the malefactour, nor suspicion
seing that, accordyng to lawe, the fact is punished,
and as Demosthenes saieth, twoo thynges moued
the wise Elders to make Lawes, that the wicked should bee
hindered, and cutte of from their purpose, and that good men
seyng by a lawe, the actes of pestiferous men kepte vnder, by
the terrour of them, are afraied to commit the like facte. This
was euen accordyng to lawe. The terrible sentence of a law
executed, vpon moste wicked persones, doe kepe vnder many
a mischiuous enterprise, whiche through the dolefull and la-
mentable ende of the wicked, doe driue and force all other to
all godlines.
¶ Iuste.
THe accuser by Lawe and Iudge, is able to defende
hymself, whe[n] his cause is ended accordyng to law.
Uertue thereby vpholded, when by order of lawe,
vice is condempned. The malifactour hath no ex-
cuse, all staie and colour remoued, the accuser by iuste Lawe
pleateth, when the law is thereby supported and saued. And
herein a greate parte of Iustice is placed, when the fauour of
the Iudge or frendship, is onely on the cause, the persone nec-
[Fol. lxij.r]
lected, that is Iustice, to giue to euery one his owne.
¶ Profitable.
IT must be profitable to the whole bodie of the com-
mon wealthe, when by the Iustice of godlie lawes,
vertue is in high price aduaunced, vice by the open
sentence, and manifeste profe conuicted, the malefa-
ctour shall be knowen, the sincere and godlie deliuered, and
from tyme to tyme maintained. Lawes as thei be vniuersall
so thei openlie ought to giue sentence.
¶ Possible.
THen without lawe to procede, and iudgemente of
the Magistrate, as Solon did in this lawe, it were
not possible, any common wealthe to florishe ther-
by. Therefore in Iudgemente ought the cause of
euery one to be pleated and examined, that thereby all suspi-
cion, & greuous enormitées, maie be put of. Uice is not there-
fore tolerated, because for a tyme, Iudgemente ceaseth, but
hereupon vices are more depely rooted out, all people know-
yng the determinacion of the lawe, and the manifest sente[n]ce
of the Iudge heard. A terrour ensueth to al malefactours and
pestiferous men, good men are incensed to all godlines, whe[n]
vice by Lawe is condempned, cutte of, and destroied. Good
menne by Lawe and aucthoritée, vpholded and maintained.
[Sidenote: The state of
good lawes.]
This is the state of good lawes, by order to procede, the
cause in Iudgemente examined, the facte proued,
vertue in any persone vpholded, vice in all
caste doune and defaced, so there is
good Lawe, as Demosthenes
saieth, sincere Iudge,
and sentence
inuiola-
ble.
* * * * *
[Transcriber's Note: The following is a list of printer errors in
the original.]