¶ What is fear , and what is justyte .

Religion comprehendyth two things Religion . the fere of God , and the trust of mercy promised for Christ whereof holy letters doth copynsly teach , and Philosophy nothing , but reason among all persons doth judge , there is a wise god , a good , a rightwise maker and conseruator of things , and that pains be to be feared , whereby flagitious and sinful deeds be punished from above . This knowledge of the Law bringeth forth and engenderyth fear , and therefore fear is called a Religious thing . forasmuch therefore I do intend spedefully to speak of those virtues , whereof the Philosophers chiefly do dispute and which we use toward men , I must therefore begin at the Queen of justice . virtues whose name is justice , of whom truly Aristotile wryterh on this manner . Nother Hesperus nor Lucifier is more beautiful than justice , for she governeth all other virtues , and she is the chief bond of civil society and generally she signifieth obedience toward all laws , and containeth in her all virtue , and when holy csripture speaketh of justice , obedience toward all laws ought to be understand . secondly justice signifieth only that virtue which in judgments & contracts giveth to every man his own thirdly justice in Paul's disputations signifieth imputation of justice , or a divine acceptation , as when it is said , it is imputed to him for justice . But of this signification the Philosophers do speak nothing , because divers signyfications contain diverse kinds , and that there be no more signyfications thenne those three , there division therefore in the beginning is to be declared .

¶ The divysisson , or kinds of justice be two

THe fyrst is uneversall Vniversalis justicis justice , which Aristotile describeth briefly saying universal justice is obedience toward all Laws , and complectyth in her all virtues , therefore the name of justice is transferyd generally to the whole quere of virtues , because dew obedience is rendered , either be Laws , or else be magistrates particular justice is a virtue that Perticularis . justicis giveth to every man his own of which virtue , there be two kinds distributyne and communatine which kinds because we may rightfully understand that the whole commonwele and universal sociate of men ought to be looked on in our mind in the vnyuer●all sociate of man's life , there be only two kinds or manners of communication For either we do communicate , or else we do commute things , or else we order persons , as that empires , Magistrates , degrees incyties in companies & in famyles may be constituted & ordained here ●●o man doth not s● that all the sociate of life , be the s● two membres be to be governed things be commuted & changed be contracts , and when this communication , which is made for cause of living wandreth infinitely , it is necessary that there be therein an equality , that is there be rendered or given equal for equal , for if any men should give their things without price , they should perish by hunger , than there should be nodayly communication . for if there were not one thing given for another there could be no communication , justice . distributyne . justice distributine is an ordinance of persons in every life public & private according to a geometrical proportion , as who saith whereby degrees of offices & persons be ordained and made , & to apre and meet persons functions of things be given as in the church the chief degree is the judgement and explycation of doctrine . The second degree is thad ministration Degrs i the church . of judgments . The third is thad ministration of ceremonies . The last and lowest is the procuration of rents , bil●dinges , elemosynes , and such other to every which manner of degrees , apt & meet people must be sought for , for the iudgement os learning the best learned , most wisest , & best men ought to be elect & chosen . In tother , there is not somuch lernige to be required . In the procurator of rents & such other no doctrine is to be required ▪ when this proportion is observed the ordinance is just & righteous & t harmony of the church salutarius & wholesome , but when the chief authority to judge doctrine is at tributid to an vulerned Unlearned bishop . & a wicked bishop , that contempneth the iugement of god , & because he may establish his tyranny he defendeth wicked opinions , & so the learned and the Godly man worthy the fyrst room is detrudet and put to the lowest office , That is to the procuration of the rents , marius . whereto he is nothing apt , then is all t harmony of the church confounded . Catulus . Thus if Marious doth govern at helm the comenwele and Catulus be sent to war against the cymbrokes , the commen weal in both places shall be in ioberdy , for Marius was a lucky warrior , but at helm he did trouble the commen weal , contrary wise , Catulus was apt and meet to retain & keep the tranquillity & peace of the city . In feats of war he was nothing so happy , So a prince , therome and the office of a chaunseler , will commit rather to a wise man then to a young & imperite A family . & a foolish person or such other , so in a family is to be seen ? what is convenient for every person finally in every private & publyce life we ought to vnderstonde the degrees of be synes & wits , & in every thing to animaduert & take heed their peculiar virtue to consider the merits , the wits , the manners of other , that we may set every man in his degree and place and moche to be lamented that men unworthy would accept offices or rooms of the commen weal . This justice is the chief conseruatrix of comen weles & private customs . Therefore Plato right wisely saych , the Plato . best state of the commen well to be if it be constitute & ordained be a proportion geometrical , and truly he addity this proportion in publyce things to be the benefit of god . Easily therefore may it be judged where justice distributine hath use , as who saith every where . In ordaining degrees of persons , in choosing magistrates , in empieris , in exercitutis famelis ( as it is said ) in every conversation . Those knowledges be called laws , wherefore it is to be sought what the law is The law is divided , in the law of nature , & the law positive . The law of nature . The law of nature doth properly signify natural knowledge , the first law of nature shall be , the men ought to know god & obey him , then according to nature is procreation & education Marriage . of children . Therefore matrimony or marriages be to be contracted by certain laws , & unlawful companing with women , be forbidden , no man ought to be hurt , they must be punished that do parturbe and trouble the commen tranquillity Magistrates must be ordained to defend the commen tranquillity , it is therefore necessary to obey the magestratis , Magistrates . to obey . also that tranquillity be kept , thingꝭ must be divided , every man must have his own , truth must be Magistrates . worshipped and much made of , & bargains & covenants must be kept . This must be added , these natural knowledges be gods law , because they be divinly indicted & gyuen to men's minds , therefore Paul calleth these laws Rom i the law of God , hereby easily may by judged what is the law of nature . The positive law is the sentence of the magistrate , that addeth to positive law the law of nature some circumstance with a probable reason , as the law of nature doth teach theft to be punished , them the magistrate addeth a spice or a , kind as who saith the manner of pain in ordaining whereof he doth fellow a probable reason , fierce and cruel wits must be coersyd with hard bonds . Therefore the law positive is properly a certain determination positive law of the law of nature to a sure and certain mean or manner for some circumstances .

¶ Whether it is a deadly sin to violate the laws civil , that is the edicts of civil Magistrates .

FYrst of all therefore , it is a deadly sin to violate the civil laws , or the edictꝭ of civil Magistrates / though it be without the case of slander , for Paul clearly saith it is necessary to obey , not only for wrath but also for conscience , that is we ought not to fere only the civil pain but also we ought to know our conscience to be guilty , if we do not obey . Now it is the part of a good mind to consider how moche this kind of obedience and publice tranquiliteis , which To obey the laws , god also doth require that we obey the laws & Magistrates , & he saith that he will be avengeser if we do not obey , & truly for the same , god doth punish aswel in this life as after this life , as the fourth precept of peyns doth also speak . etc. For that precept of obedience doth Obedience . commaunde that not only our parents , but all those whom our Fathers or parents do give authority to , that is to the magistrates we do obey . Therefore also many other sentenses in scriptures do constionate of giving peynies in this life , as . Prouer●iorū , xxiv . Fere god and the king , & with sedicius persons keep no company , for shortly shall come their perishement , & Christ saith he that will take the sword , shall perish be the sword .

¶ To take the sword .

TO take the sword do the signify to take the sword not given of the laws and magistrates , that is to be sedicius and not to obey to the present magistrates , & not only examples proponed in holyleters , but also thystores of alltimes do witness that from above be retarcted in this life to peynies for the most part homycides , thieves , perjured persons unjust judge's sedycius , and tyrant's , I speak this because God rerequireth that with the fere of pains , men should be coercid , & this fere Fere of pains . doth nourish reverence to laws & maketh in our minds a virtue , & maketh it accustomed to obedience , god's law doth not deceive , which saith honour thy father & mother if y● wilt be long living vpon the earth . This sentence of the dictes of magestratis Edicts of Magistrates . ought wiseli to be vnderstonde as who saith of those edicts the commaundth not to do against gods commandments , it is therefore profitable both to discipline & to the tranquilite of the commenwele , so to a custom our minds that also in small thinges we make much of the authority of laws , furdre also we must know that we do not live to ourselves but to the commenwele , we ought therefore take heed & beware that our examples do not hurt in commyn , the same The best citesme . very thing doth plato speak right gravely of , in the first delegibus , he to be the best & chiefest citesen that taketh the chief glori to be in the city , not trifiphes , not any victories , but to overcome other by diligence in obeying the laws . A civil magistrate be divine au●torite hath authority A civil magistrate . to make honest & profitable laws for those things that to & for the defence of corporally●e , & civil society , do pertain , as of iudgementis , of pains , of faults , of contracts , of sucessions , & of like things . As Solomon saith by me kings doth reign & do make lawful things . The second reason , the laws civil be bondes of commyn society , wherefore Commen traquillite . in violating of them always charity is hu●t , harmed or broken , because that every man ought to confer there obedience , their tributes , there workingꝭ to the defence of commen tranquil●te .

¶ The power of magistrates .

THE power of magistrates is not infinite but inclused with sure and perfect limits for Magistrates have not authority to bide or commaund anything contrary to the law of nature contrary to the commandment of god , & contrary to the laws of his realm . The magistrate sustaineth his procuration of an other as who saith commaunded of god , he ought not therefore departed or go fro god's commandment . As also the right good king josaphat the preacher saith ye exersice not the iudgement of man King josaphat . but of god what so ever you shall judge , shall redound to yourself , let the fere of god be with you , secondarily scions the magistrate is the The fear of God to be with judges keeper of the first table which doth pertain to extreme discipline , he ought to prohybytte and ponyshe blasphemes , ydollytryes , & false dogamtes or learnings , & to provide & see that Godly doctrine be propaged & extended , & to defend them that teach rightly . All magistrates also ought to obtemperate & obey the seconde precept of the decalogue and to be the kepers thereof . The second precept doth for bid & ponyshe blasphemes & false doctrynes , than all magistrates ought to prohybyt & ponyshe blasphemes . The second reason is sumpt of the chief fine of Magistrates . The chief fine of man's society is that of men some may teach the The chief fine of man's society . other of god , that the notice of God may be propaged . The magistrate is the chief custos & keeper of society , them he ought also to be custos os this fine , that is that gods knowledge may rightly be ꝓpaged & shewed abroad , the conseqent doth follow of the rule that is every thing for the which it is such that is more sich , the magistrate doth keep society for the knowledge of god then the magestrat aught to keep the knowledge of God somo●h as pertaineth to his office . If to this image we do confer kings & princes , we shall found very few that looketh for this fine , & that will contend for it , many with great vehemensy have done the contrary , who be all manner of mischif have contaminated & decayed religion , as though for there so doing they should have kingdoms , because they did keep battle with god as the giances did in fables . The holy kings of jury did abolish ungodly ungodly worshyppd●ge . & wicked worshippings , & therefore they be praised & garnished with great rewards & gifts , & god saith I will glorify them that glorify me . And the law in deuthoromy comaundeth that kings do hold & keep in their hand a book of the law of god . These examples because they do ꝑtaine to the decalogue our magistrates also according to their calling ought to imitate & follow them . Nabygodonisor , & darius also do propone edicts , that is , Nabygodonisor and darius . let noman sp●ke blasphemis against God of the Israellites , but here many thingꝭ , many men , will object , first faith in the mind , a magistrate cannot touch his mind , therefore the magestrat ought not to punish the errors of the mind , an answer , the magestratis doth punish errors , only of the mind but to the extreme & utter profession & blasphemes , for the magistrate ought to defend extreme discipline and pedagogy , secondarily it is obiectyd . The magistrate cannot judge but those things of the which he hath laws , and he hath laws only of profane business therefore he cannot judge the contraversies of religion , the minor is to be denied , for the magistrate hath a law to ponyshe blasphemes as the laws of all manner of people do punish perjuries , but because it is not always known what opinions be blasphemous or impius , therefore there ought to go before another judgement , as who saith a cong●icion of doctrine .

¶ This doth not only pertain Cognition of doctrine to a magistrate but to the church that is not only to Priests , but also to lay persons apt and meet to judged ▪ as Paul saith , if it shall b● reueled●● him that sitteth , let the former hold 〈◊〉 peace . And christ will that the chief judgement b● the judgement of the church when he saith , say or tell it to the church .

¶ Deversite betwne the rygore of the law , and equity .

THey call that the rygore Rygore of the law . of the law , when the laws be discretly / and sencerlye used / equity . without 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 alow . the trespass or offence , but mekly sometime , because of some circumstance , it doth punish , as when a judge mekly doth punish a man , that hath offended , which seemeth to be of an wholesome & a good wit , equire doth apere at large in every place or interpretacion of laws , for there is no law , which in all cases may be observed & kept by equal severity without e●te , therefore equity aught to be the interpreter of all laws , that where need is , they may be bowed & turned to the gētler sētēce, sentence , & therefore a rule is to be holden & kept , as often as divers Laws so 〈◊〉 together , that they can be kept together , the supirior law is to be preferred , as christ did touch the lipors on the saboth day , he thereby did violate the saboth day , because divers laws did run together , he did both prefer and 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 , ye he healeth them in the saboth day . Thus the law doth wisely forbid servile works , that is assiduus labour taken or done for cause of lucre and not for cause of office , than it forbiddeth not ●odem offices necessary to save men , much les it forbiddeth the testimonies of gods word , & the miracles which be the works of god , there be judgements sufficient of examples of all times .

¶ Maulius Torquatus did exercise Manlyus' torquatus . in his so●e the rygore and extremity of the law because he did fight contrary to the emperor's commandment , he did head him .

¶ ●ontrarywyse is equity or epiceia / papirius dictator , who when Papirius . he had accused Fabius , Marcus , Equitus , of treason . Yet the people entreating & making petition for him , was forgiven . In the digestꝭ at pompius law of parricides .

¶ The Emperor Adryan , him , Pe●aci●es . who had killed his son , because he had adulterated his Stepmothe , 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 council a circumstance , as who saith the very dolour and sorrow of his father . At Gellius the xiiij Book and the vii Chapter , the Areopagytes Aropagites . delivered a woman Smyrneam that had killed her son , and her Husband be poisoning , who had fyrst killed the woman's son that was borne in the former Marriage , gave sentence because the cause should be known again an hundreth years after , that thus they neither do allow the cruel myschyfes 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 venged the stupre of his daughter , & , Orestes his father's death . These Mitegation of pain . things wise men did fain , because it should be signified , mitigation doth please God , done for aprobable cause . Thus sometime ges do lose and rewyt them that defend themselves by violence against violence , although a little they exced the measure of thrre blameless tutele & defence , And thus Cato did lose milo by his sentence because clodius' did begin the fyghting , hitherto of the extremity of the law that beginneth not of calumpnius 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 iussumma iniuria . The extremity of the law is an extreme injury . There is an other certain manner of mo●king or exacerbating Extreme injury . the law , as who saith calumnia , i. calumny which properly is not called the rigore or extremity 〈◊〉 . of the Law , but rather doth fight with the law , it is interpretated a law with some sopistitall cavillation , they call it a begiling ordereyving of the Law , as if a man taketh peace for xxx days , and in the night destroyeth his enemy's fills . Also the legate of come that compacted with antio Anteo●hius . thus , that the third part of his naves should be left unto him , he did cut all his ships in the midst because he would spoil him of the whole nany , when the tirans had dominion of xxx Athens , the law was Athens . that none of them that were written in the catalogue should be killed , there was in this number written Iheramenes . Collega Critias Iheramenes Collega , when that critias had constituted to kill him , he commanded his name to be put , of this manner of kinds not only histores giveth to us examples but also daily life .

¶ But in a manner there is more cal●mpniacion Calupniation in the learning of religion in the learning of religion then in other business , dictes and and sayings of the Law be craftily wrested , and some be exaggerated without measure , and be painted with a certtayne colour , Some be abjected and deformed , and all these be taken for the lawhe and praise ofwyt .

¶ How equity , and a mean should be had in our doings .

first of all therefore plain truth is to be loved , and then equity . equity is to be added to public justice , & that privately , where as probable & honest reason doth suade moderation , and this moderation doth most prevail in wicked and naughty persons .

¶ As the equity of trasibulus did restore the Athens , who when he Trasibulus . perceived that without new business , the possession that was taken away could not be restored to their old masters , he made a law , that every man should retain that he had and they which had sustained injury for the public ●ecyssake should departed frotheyr own right . This equity also is marvellous necessary Deso●mer cederacte . to retain concord in a private life .

¶ Yea equity also doth mitigate divine laws , so that it may be David . not harishly done David did eat holy loves , he known an epiceye to be adhibite and given to ceremonies , because he known the politycal Ceremonyalles . manners to be instituted , not because they should justify before god , but because the people should be coersed by that discpline , & therefore he judged those customs to give place to love in necessity , where , without slander & apparel of discipline , they cannot be violated , according to the sentence I will rather , and more desire mercy then sacrifice .

There is a very apt example of Ezachias . Epiceys in the story of Ezachias , when that in the celebration of eastern many were not fyrst purged of there usual ceremonies , Ezech● as for all that did not commaunde them to abstain from Eastern , but he prayeth for them letting , alone the ceremonis of purgation , he understandeth prayer to be the Prayers . chief purgation and better than the ceremonial .

¶ The Machabeiiss did fight on The Machae●iis . The sabothe day● . the saboth day , when their enemies made a sawt on them , they knee we be the law of the saboth day that boluntary business where forbidden , but defence , for the conservation of the commen weal , of religion married persons , children and such other , was not to be forbidden , for this is the chief office of Love. .

Thus often times Epiceye is necessary to Christian people in the use of ceremonyalles .

¶ Pule saith that he kept among the jews the customs and fashions of the jews , among the gentiles he used no jews fashions , and yet he addeth a Super your Law whereby he measure these offices , as who saith , because he would wine them all .

¶ The superior law , is to give The supiriour Law . our diligence , that the glory of the evangelist may be made gay & garuyshed , finally the Evangelist is the maruelus epicey of god's law , when he approveth obedience ( although unperfit ) because of christ .

¶ Whether a judge aught to judge according to equity or according to the positive law called the Law written .

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 The Law written . Law is , there be uncertain opinions or else contrary , for it may often times fortune , that to other judges another thing may beseemed & thought , also the written law doth good , because it coercyth the affections of judges , he that comaundeth the Law to be above God , he giveth also to the laws an empyer , he that comaundeth a man to be preferred , prefarreth best for covetousness & anger , or dy●● leisure depraveth also the best men ▪ The law is amynd with out coeutousnes , 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 met , or else be course of age doth offend , sience , this case is by some means not like that manner of kind , whereof principally the law doth s●eke / here now equity hath place , so the law to put homicides Homicides . to death , is made principally of murder , constituted & petulantly done .

¶ Patroclus be chance in play killed Patr●clus . his fellow , here the dissimilitud of cases requireth some mitigation of pain . The constitution of the The saboth day . saboth day doth principally forbid workings , that plucketh fro public ceremonies . Then if labours be done , which do not abduce fro ceremonies , do neither let nor hurt the example , the case is unlike therefore euqite judgeth such doings not to be forbidden . Theclesiasticall traditions were fyrst ordained & Tradicius . made , principally that thingꝭ should be done in order , since that puplically it is convenient for the Church , therefore equity did judge traditions without fault or blame to be violated , where as Tradicius . the public order was not dissipated . This distinciton doth show where equity hath place / as who Equity hath place . say in a case whereof the Law written do not principally speak ,

¶ Therefore Arestotle saith , that the authority of judges ought to Laws written be given to laws that they may moderate them , as Physytions do moderate Pharmacum . And pharmacum . in the first of Etheces , he say that Laws be to be constitude of that which most often chanceth or happeneth , but if any any circumstance letteth or changeth whereof Laws ought to b● mad● . the cause , there is commanded equity to be counseled with .

¶ Therefore he say the Law is as lesbia , That is to Say , a leady or a heavy Rule / which is to be Moderated / and applying fellows one or equal . and the principal fine or conclusion of the magistrate to be the consernuation and keeping of the law . etc. The magistrate The magistrate do punish heretics . which beareth the sword aught to prohibit also heresies i wicked & ungodly teachings & punish heretics , that is author's of evil & wicked tecahinges , but in obscure things the cognition of the church goeth before , & thus properly the magestrat serveth the glory of god , & his function is the worshipping of god when he studieth to defend to propage & ornate true learning & contrary wise to prohibit wicked teachings , who that doth thus doth his principal office which properly pertaineth to the glory of God / which properly deserveth that title wherewith magistrates be to garnished in the salme . I said ye be Gods , as who saith because they have their office devinly constituted & ordenid . And they ought to give to men divine things , religion , justice , discipline peace and such other .

¶ And for this cause they be called of Magestrat be Nurses to the church . Esaias ? Nurses of the church because they ought to nourish and to defend Godly teachers .

¶ And they ought not to exercise cruelness on Christian men nor laws contrary to divine or natural ought not to be observed .

¶ The Ecclesiastical power / is The ecclesiastical power . the divine commandment ? in teaching the Gospel administra the Sacraments / ordaining the ministers of the Gospel annuncyating remission of Sins to Every body / or to many Constytuting judgemedtes of doctrines here is my well beloved sonne , here him . therefore christ , although he ꝓponith diversity between them the know & do not know that he doth not utterly deliver them that know not , when he saith , he that knoweth the will of his master & doth it not , shal be the mor punished , yet he that knoweth not , doing things wordy pa●●e shal be les punished it is commenly said , sanctarusticitas i holy rusticite as who saith aplaneman of the country , he thinketh no hurt , be this manner of saying many excuseth their folly or folishnꝭ , as who saith it is a pity or a godliness not to know'th avengelist , but erasmus truly & gravely rephendeth that saiing , & saith that noman Euangetyst . can be a christē mā man but that he know many thingꝭ for the evangelist is a certain excellent wisdom which no man with out great cure meditation , colation of learning & communication with learned men , doth obtain , & peter doth commaund and bid us to be ready to render our account , secondarly , neither the affectated ignorance of man's positive law , nor the ignorance of the deed doth excuse , Affectated ignorance , is of that th●g Affectated ignorance . which every man as well of the law as of the deed is bound to , know this Ygnorasice doth aristotle elegantly speak , of saying , ignorance which any man willingly doth accerse do not excuse , but is a puersite , & so is universal Ignorance . ignorance that is when we know nothing at all of those thingꝭ which we ought to do & alitil after headdith that a jug ought to punish the ignorance , if a man be to himself cause of ignorance , & thus ignorance of law doth not excuse a judge which is bound to know be virtue of his office , nor affectatid ignorance in a man's own , ꝓpper deed , as if a man being impossession of any thing do not know , whether that thing be laid to pledge to him , or given Alitigator or asutor in the law , Ignorance of law donor excuse , as s●enola said , it is a stenola . fowl thing for anoble man and coming to his causes or to suit , not to know the law wherein he is tossed or suyde , but from this degree be wont to be except , women and sogeris to whom the error of the law is pardoned . The third is a probable Ignorance of deed either of his owen , or of an other man's which hath an excusation .

¶ As the sister of jacobes' wife , was given to him , and he known Sister of jacobes' . Wife . it not , such is the Ignorance , whereof Paul doth speak , he is forgotten that knoweth not for he erreth excusably , because it is a curiosity to interrogate or ask those things that pertain not to our purpose / it is therefore excusable / where only ignorance of the fault is the cause , but where not ignorance , but our covetousnesis the cause of the fault there ignorance doth not excuse , as drunken persons to offend . etc.