nd erre, from the
aequity, art and Intent of the lawmaker: _Arithmetike_ can detect, and
conuince: and clerely, make the truth to shine. Good _Bartolus_, tyred
in the examining & proportioning of the matter: and with _Accursius_
Glosse, much cumbred: burst out, and sayd: _Nulla est in toto libro, hac
glossa difficilior: Cuius computationem nec Scholastici nec Doctores
intelligunt. &c._ That is: +_In the whole booke, there is no Glosse
harder then this: Whose accoumpt or reckenyng, neither the Scholers, nor
the Doctours vnderstand. &c._+ What can they say of _Iulianus_ law, _Si
ita Scriptum. &c._ Of the Testators will iustly performing, betwene the
wife, Sonne and daughter? How can they perceiue the aequitie of
_Aphricanus_, _Arithmeticall_ Reckening, where he treateth of _Lex
Falcidia_? How can they deliuer him, from his Reprouers: and their
maintainers: as _Ioannes_, _Accursius Hypolitus_ and _Alciatus_? How
Iustly and artificially, was _Africanus_ reckening made? Proportionating
to the Sommes bequeathed, the Contributions of eche part? Namely, for
the hundred presently receiued, 17-1/7. And for the hundred, receiued
after ten monethes, 12-6/7: which make the 30: which were to be
contributed by the legataries to the heire. For, what proportion, 100
hath to 75: the same hath 17-1/7 to 12-6/7: Which is Sesquitertia: that
is, as 4, to 3. which make 7. Wonderfull many places, in the Ciuile law,
require an expert _Arithmeticien_, to vnderstand the deepe Iudgement, &
Iust determination of the Auncient Romaine Lawmakers. But much more
expert ought he to be, who should be hable, to decide with aequitie, the
infinite varietie of Cases, which do, or may happen, vnder euery one of
those lawes and ordinances Ciuile. Hereby, easely, ye may now
coniecture: that in the Canon law: and in the lawes of the Realme (which
with vs, beare the chief Authoritie), Iustice and equity might be
greately preferred, and skilfully executed, through due skill of
Arithmetike, and proportions appertainyng. The worthy Philosophers, and
prudent lawmakers (who haue written many bookes _De Republica:_ How the
best state of Common wealthes might be procured and mainteined,) haue
very well determined of Iustice: (which, not onely, is the Base and
foundacion of Common weales: but also the totall perfection of all our
workes, words, and thoughtes:) defining it,
[Iustice.]
"to be that vertue, by which, to euery one, is rendred, that to him
appertaineth.
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