Fifty Godly and Learned Sermons (The Decades)

The Prince in deed is y• living law, if his mind obey the written laws, and square not from the law of nature. Power and authority therefore is subject unto laws. For ⟨p. 188⟩unless the Prince in his heart agree with the law, in his breast do write the law, and in his words and deeds express the law, he is not worthy to be called a good man, much less a Prince. Again, a good Prince and magistrate hath power over the Law, & is master of the laws, not that they may turn, put out, undo, make and unmake them as they list at their pleasure, but because he may put them in practise among the people, apply them to the necessity of the state, and attemper their interpretation to the meaning of the maker.

The Prince in déede is y• liuing lawe, if his mind obey the written lawes, and square not from the lawe of nature. Power and authoritie therefore is subiecte vnto lawes. For ⟨p. 188⟩vnlesse the Prince in his heart agree with the law, in his brest doe write ye law, and in his woords and déedes expresse the law, he is not worthie to be called a good mā, much lesse a Prince. Againe, a good Prince and magistrate hath power ouer the Lawe, & is maister of the lawes, not that they may tourne, put out, vndoe, make and vnmake them as they liste at their pleasure, but because hée may put them in practise among ye people, applie them to the necessitie of the state, and attemper their interpretation to ye meaning of the maker.

They therefore are deceived as far as heaven is wide, which think ¹for a few privileges of Emperors & kings, granted to the magistrate to add, diminish, or change some point of the law, that therefore they may utterly abolish good laws, and live against all law and seemliness. For as no Emperors or kings are permitted to grant any privileges contrary to justice, goodness, and honesty: so if they do grant any such privilege, it ought not to be received or taken of good subjects for a good turn or benefit, but to be counted rather, (as it is in deed) their utter destruction and clean overthrow. Among all men at all times and of all ages, the meaning & substance of the laws touching honesty, justice, & public peace is kept unuiolable, if change be made it is in circumstances, and the law is interpreted as the case requireth, according to justice and a good end. The law saith: Let no man kill an other: let him that killeth an other be killed himself. That law remaineth for ever unchangeable, neither is it lawful for any man at any time, to put it out or wipe it away. And yet the rigour of the law may be diminished, and the law it self favourably interpreted: as for example. If a man kill one, whom he loveth entirely well, and kill him by chance, & not of set purpose, or pretended malice, so that when he hath done he is sorry for it at the very hart, & would (if it were possible) buy his life again with what soever he hath to give for it: in such a case the killer ought not to be killed, and therein the magistrate may dispense with the rigour of the law, An other beareth a deadly and continual grudge to one, whom he killeth, and goeth about to colour the matter under the pretence of hap & misfortune. For he sought occasion, that he might for himself have a show of chauncemedley. In such a case as this, the magistrate cannot change any jot of the law, but must needs kill him whom the meaning of the law commandeth to kill. I could allege more examples like unto these, but my care is of purpose so much as I may, not to be too tedious unto you with too a long a discourse.