Fifty Godly and Learned Sermons (The Decades)

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.

They therefore are deceyued as farre as heauen is wide, which thinck ¹for a few priuileges of Emperours & kinges, graunted to the magistrate to adde, diminish, or chaunge some point of the lawe, that therefore they may vtterly abolish good lawes, and liue against all lawe and séemelinesse. For as no Emperours or kinges are permitted to graunt any priuileges contrarie to iustice, goodnesse, and honestie: so if they do graunt any such privilege, it ought not to be receiued or taken of good subiects for a good tourn or benefite, but to be counted rather, (as it is in déede) their vtter destruction and cleane ouerthrowe. Among all men at all times and of all ages, the meaning & substaunce of ye lawes touching honestie, iustice, & publique peace is kept vnuiolable, if chaūge be made it is in circumstances, and the law is interpreted as the case requireth, according to iustice and a good end. The law sayth: Let no man kill an other: let him that killeth an other be killed himself. That law remayneth for euer vnchaungeable, neither is it lawfull 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 selfe fauourablie interpreted: as for example. If a man kill one, whom hee loueth entirely well, and kill him by chaunce, & not of set purpose, or pretended malice, so that when hee hath done hee is soarie for it at the verie hart, & would (if it were possible) buye his life again with what soeuer hée hath to giue for it: in such a case the killer ought not to be killed, and therin the magistrate may dispence with the rigour of the lawe, An other beareth a deadly and continuall grudge to one, whom hee killeth, and goeth about to colour the matter vnder the pretence of happe & misfortune. For hée sought occasion, that hée might for himself haue a shew of chauncemedley. In such a case as this, the magistrate cannot chaung any iote of the law, but must néedes kil him whom the meaning of the law commaundeth to kill. I could alledge more examples like vnto these, but my care is of purpose somuch as I may, not to bee too tedious vnto you with too a long a discourse.