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To take pledges, "pignora capere," was to seize something that belonged to a man in order to compel the discharge of a duty. It was like a distress for a service. The name does not appear to be Roman and is probably corrupted. Bursa is a Roman name. He was above that. But the robbery was not gilded with this false show. Cato returned from Cyprus in B.C. 56.
"I will give you the exact words of the statute," said Potts 'Si quis viderit malefactores infra metas forestæ, debet illos capere secundum posse suum, et si non possit; debet levare hutesium et clamorem. And the penalty for refusing to follow hue and cry is heavy fine."
Ecclesioe enim est docere primum, tuin proescribere, saith Camero. And again: Non enim dominatur cleris, nec agit cum iis quos Christus redemit, ac si non possent capere quod sit religiosum, quid minus. Moreover, it is a suspected law which will not have itself to be proved, but a wicked law, which not being proved, yet beareth rule.”
It stupefies and bewilders the simple heart, which sees it without understanding it, which touches it without being able to believe in it, and which sinks engulfed in the problem of it, like Empedocles in Etna. Non possum capere te, cape me, says the Aristotelian motto. Every diminutive of Beelzebub is an abyss, each demoniacal act is a gulf of darkness.
at times this parallelism is very useful as helping us to find out the poet's meaning, e.g. Here interpretations vary between fata, n. to parent, and acc. after it. But the parallelism decides at once in favour of the former "for whom the fates are making preparations; whom Apollo demands." Here the word capere is fixed to mean "settling on the ground" by the words portum tenet.
The style of this work is much more pleasing than that of the Latin Language. It is brisk and pointed, and shows none of the signs of old age. He also attempts one or two etymologies; the best is via which he tells us is for veha, and villa for vehula; capra from capere is less plausible.
Sect. 1. When the Apostle forbiddeth us to be the servants of men, 1 Cor. vii. 23, is it not his meaning that we should do nothing upon the mere will and pleasure of men, or propter hominem et non propter Deum, as Becane the Jesuit expoundeth it, illustrating what he saith by another place, Eph. vi. 6, 7. Christian servants thought it an unworthy thing to serve wicked men, neither yet took they well with the serving of godly men, for that they were all brethren in Christ. The Apostle answereth them, that they did not the will of man, because it was the will of man, but because it was the will of God, and so they served God rather than man, importing that it were indeed a grievous yoke for any Christian to do the will of man, if he were not sure that it is according to the will of God. Should any synod of the church take more upon them than the synod of the apostles did, who enjoined nothing at their own pleasure, but only what they show to be necessary, because of the law of charity? Acts xv. 28. Or should Christians, who ought not to be children, carried about with every wind, Eph. iv. 14; who should be able to discern both good and evil, Heb. v. 14; in whom the word of God ought to dwell plentifully, Col. iii. 16; who are commanded to beware of men, Matt. x. 17; not to believe every spirit, to prove all things, 1 John iv. 1; and to judge of all that is said to them, 1 Thes. v. 21; should they, I say, be used as stocks and stones, not capable of reason, and therefore to be borne down by naked will and authority? 1 Cor. x. 15. Yet thus it fareth with us. Bishop Lindsey will have the will of the law to rule our consciences, which is by interpretation, Sic volo, sic jubeo, sit pro ratione voluntas. He gives us not the reason or equity of the law, but only the will of it, to be our role. Bishop Spotswood will have us to be so directed by the sentence of our superiors, that we take their sentence as a sufficient ground to our consciences for obeying. Which is so much as to say, you should not examine the reason and utility of the law, the sentence of it is enough for you: try no more when you hear the sentence of superiors, rest your consciences upon this as a sufficient ground: seek no other, for their sentence must be obeyed. And who among us knoweth not how, in the Assembly of Perth, free reasoning was shut to the door, and all ears were filled with the dreadful pale of authority? There is this much chronicled in two relations of the proceedings of the same, howbeit otherwise very different. They who did sue for a reformation of church discipline in England, complained that they received no other answer but this: “There is a law, it must be obeyed;” and after the same manner are we used. Yet is this too hard dealing, in the judgment of a Formalist, who saith, that the church doth not so deal with them whom Christ hath redeemed: Ac si non possint capere quid sit religiosum, quid minus, itaque quae ab ecclesia proficiscuntur, admonitiones potius et hortationes dici debent, quam leges. And after, he says of ecclesiastical authority, tenetur reddere paerscripti rationem. “I grant (saith Paybody ) it is unlawful to do, in God’s worship, anything upon the mere pleasure of man.” Chemnitius taketh the Tridentine fathers for not expounding rationes decreti. Junius observeth, that in the council of the apostles, mention was made of the reason of their decree. And a learned historian observeth of the ancient councils, that there were in them, reasonings, colloquies, discussions, disputes, yea, that whatsoever was done or spoken, was called the acts of the council, and all was given unto all. Caeterum (saith Danaeus ) quoniam ut ait Tertullianus in Apologetico, iniqua lex est quae se examinari non patitur; non tam vi cogere homines ad obsequium quam ratione persuadere debent cae leges, quae scribuntur
Nay, that is the most perfect test of all, for in a matter of importance people are on their guard; in trifles they follow their natural bent without much reflection. That is why Seneca's remark, that even the smallest things may be taken as evidence of character, is so true: argumenta morum ex minimis quoque licet capere.
Truly, said Panurge, thou shalt have of the fattest, and of those that are most plump and in the best case. How now! said Epistemon; everyone shall ride, and I must lead the ass? The devil take him that will do so. We will make use of the right of war, Qui potest capere, capiat. No, no, said Panurge, but tie thine ass to a crook, and ride as the world doth.
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