Olon, 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
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
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.
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 frō
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.
Where adulterie is cutte of, there many detestable vices,
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
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
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 emōg 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
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
with soche mischiues hath decaied, in fame, nobilitée and ver-
tue. Many a parte of their dominion plagued, deuoured, and
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-
Lawe. tence of a Lawe, cutteth of the wicked enterprises of pestife-
rous menne. Uice where lawe is not to correcte, will inure it
Uice as a
lawe by cu-
stome.
Adulterie. self by custome as a Lawe, or borne and tolerated againste a
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.
L 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 sentēce of the Magistrate and Iudge. But
this cruell Lawe of Solon, doeth repugne all lawes, stabli-
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
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,
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
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
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.
Lawes were
made for two
causes.
