St. Augustine, Of the citie of God vvith the learned comments of Io. Lod. Viues. Englished by I.H.

L. VIVES.

LAw to (a) arise.] Cic, de leg. lib. 1. It was not the peoples command (saith he) nor Princes decrees, nor iudges sentences, but the very rule of nature that gaue originall vnto law. And againe. lib. 2. I see that the wisest men held that law came neither from mans inuentions nor •…•…ar decrees, but is an eternall thing, ruling all the world by the knowledge of commanding and forbidding: and so they auoutched the high law of all to be the intellect of that great God who sway∣•…•… all by compulsion and prohibition. Thus Tully, out of Plato, and thus the Stoikes held •…•…st Epicurus who held that nature accounted nothing iust, but feare did. Sene. Epist. 16. 〈◊〉〈◊〉 holy law that lyeth recorded in euery mans conscience, the ciuilians call right and reason 〈◊〉〈◊〉 & bonum.

So that Ulpian defineth law to be aers aequi & boni, an arte of right and reason, making him •…•…ly a Lawyer that can skill of this right and reason, and such that as Tully saydof Sulpitius, •…•…re, all vnto equity, and had rather end controuersies then procure them, that peace 〈◊〉〈◊〉 be generally kept amongst men, and each bee at peace with him-selfe, which is the 〈◊〉〈◊〉 ioy of nature.

•…•…ely the lawyers of ancient times were appointed for this end, to decide and finish con∣•…•…s, as when I was litle better then a child, I remember I hard mine vncle Henry 〈◊〉〈◊〉 read in his admired lectures vpon Iustinians Institutions. Francesco Craneueldio

and I had much talke hereof, of late, who is a famous and profound ciuilian, and in truth hee made a great complaint in my hearing of the quirkes, and cousonages that the lawyers of this age do hatch and bring forth. Truly he is a man of a rare conceipt, and of that harmelesse cariage withall, that conuerse with him seauen yeares, and yet you shall neuer heare offensiue tearme come out of his mouth. Marke Laurino, Deane of S. Donatians in Bruges was with vs now and then: if learning had many such friends as he, it would beare an higher sayle then it doth. Iohn Fennius also, of the same house, was with vs sometimes, a youth naturally or∣dayned to learning, and so he applieth him-selfe. (b) That is law.] So did Thrasibulus define law. Plato de Rep. lib. 1. where Socrates confuteth him, but truely the law that is in ordinary practise, is most of this nature.