A shorte treatise of politike pouuer and of the true obedience which subiectes owe to kynges and other ciuile gouernours, with an exhortacion to all true naturall Englishe men, compyled by. D. I.P. B. R. VV.

VVHETHER KINGES princes, and other gouernours haue an obsolute power and authoritie ouer their subiectes.

Forasmuche as those that be the Rulers in the worlde, and wolde be takē for Goddes (that is, the mi∣nisters and images of God here in earthe, thexāples and myrrours of all godlynesse, iustice, equitie, and other vertues) clayme and exercice an absolute po∣wer, which also they call a fulnesse of power, or pre∣rogatiue to doo what they lust, and none maye gay∣nesaye them: to dispense with the lawes as pleaseth them, and frely and without correction or offence doo contrary to the lawe of nature, and other Goddes lawes, and the positiue lawes and customes of their countreyes, or breake them: and vse their subiectes as men doo their beastes, and as lordes doo their vil∣lanes and bondemen, getting their goodes from them by hoke and by crooke, with Sic volo, Sic iubeo, and spending it to the destruction of their •…•…ubiectes: the miserie of this tyme requireth to examyne, whether they doo it rightfully or wrōgfully, that if it be right full, the people maie the more willingly obeie and re ceaue the same: if it be wrongful, that than those that vse it, maye the rather for the feare of God leaue it. For (no douht) God will come, and iudge the worlde with equitie, and reuēge the cause of the oppressed. Of the popes power (who compteth himself one, yea the

chief of these kinde of Goddes, yea aboue them all, and felowe to the God of Goddes) we minde not now to treate: nother is it requisite. For all men, yea half wi∣se women and babes can well iudge, that his power is worthy to be laught at: and were it not bolstred and propped vp with sweorde ād fagot, it wolde (as it will notwithstanding) shortly ly in the myre, for it is not buylt on the rocke, but on the sande, not planted by the father of heauen, but by the deuil of hell, as the frutes doo manyfestly declare. But we will speake of the po∣wer of kynges and princes, and suche like potentates, rulers, and gouernours of common wealthes.

Before ye haue hearde, how for a great long tyme, that is vntil after the general flood, ther was no ciui∣le or politike power, and how it was thā furst orday∣ned by God him self, and for what purpose he orday∣ned it: that is (to comprehende all briefly) to maynte∣ne iustice: for euery one doing his deutie to God, and one to an other, is but iustice. Ye haue hearde also, howe states, bodies politike, and common wealthes ha ue autoritie to make lawes for the mayntenaunce of the policie, so that they be not contrary to Goddes la∣we and the lawes of nature: which, if ye note well the question before propouned whether kinges and prin∣ces haue an absolute power, shall appeare not doubt∣full, or if any wolde affirme it, that he shall not be hable to maintene it. For first touching Goddes lawes

(by which name also the lawes of nature be compre∣hended) kinges and princes are not ioyned makers he∣rof with God, so that therby of thē selues they might clayme any interest or autoritie to dissolue them or dispense with them, by this Maxime or principal, that he that maye knyt together, maye lose asondre: and he that maye make, maye marre: for before Ma∣gistrates were, Goddes lawes were. Neither can it be proued, that by Goddes worde they haue any au∣toritie to dispense or breake them: but that they be still commanded to doo right, to ministre iustice, and not to swarue, neither on the right hande or on the lefte. Than must it nedes folowe, that this absolute autoritie which they vse, must be mayntened by man∣nes reason, or it must nedes be an vsurpaciō: But what can reason saye? If it be not laufull, by no lawes (no neither by honestie) for any mannes seruaunt to al∣tre his maisters (a mortal mannes) commaundement: can reason saye, it is laufull for any persone to altre Goddes cōmaundement, or breake it? That a mannes seruaunt maye be wiser than his maister, that he maye be iuster than his maister, that he maye see what is mo¦re profitable and necessarie to be done thā his maister, cōmonly it happeneth: and therfore he maye haue som apparēt cause, to altre or breake his maisters cōmaun dement. But to saye, that any creature is, or that any creature wolde seme in worde or dede, to be more wise than God, more iuste than God, more prudent

and circumspecte than God, or knoweth what is bet∣ter for the creature than the creatour him self (as it must nedes be saied, that he dothe, that taketh vpon him to breake or dispence with Goddes will and commaundementes) what an horrible blasphemie is it? What luciferous presumpcion is it?

If we will not submit our selues to Goddes iudge∣ment herein expressed by his worde, as Christianes should, let vs yet marke the sequele: and therby ga∣ther Goddes iudgement, as Ethnikes doo. For whan we haue wrought our wittes out, and deuised and done what we can, we can not so exclude God, but he will haue a saieng with vs.

Goddes worde, will and commaundement is, that he that wilfully killeth a man, shall also be killed by man: that is, the Magistrate. But this lawe ha∣the not ben obserued and all wayes executed, but kin∣ges and princes vpon affection haue dispensed and broken it, graunting life and libertie to traitours, robbers, murtherours, &c.

But what hathe folowed of it? Haue they (whose offences haue ben so pardoned) after ward shewed them selues penitent to God, and thankfully profi∣table to the common wealthe? No, God and the com∣monwealthe haue hade no greater enemies. They haue added murther to murther, mischief to mi∣schief, and of priuate malefactours, haue become publike, and of men killers, they haue at leinght gro∣wen

to be destroiers of their countrey, yea and many tymes of them that saued them from hanging and other iust paines of the lawe. And no maruail: for God dothe not oneli punishe the principalles and au∣tors of suche mischief, but also those that be acces∣saries and mayntenours of it, and plageth iniquitie with iniquitie. Ye maie likewise see, what frutes ha∣ue folowed, wher popes, haue dispensed, that maria∣ges might be made contrarie to Goddes lawes. We shall not nede to rehearse any? thende will declare all. But let vs leaue to reason that, wherein nothing can be saied for it. And let vs come to that, wherein somewhat maye be saied: that is, whether kinges and princes maye doo thinges contrary to the positiue lawes of their countrey. As for example.

It is a lawe positiue, that a meane kinde of ap∣parail, or a meane kynde of diet should be vsed in a common wealthe, to thintent that men leauing thexcesse thereof, wherof many occasiones bothe to destroie nature and to offende God folowe, they might conuerte that they before euil spent, to the relief of the pouertie, or defense of their countrey.

For answer to this question, this diuision ought to be made, that ther be two kyndes of kinges, princes, and gouernours.

The one, who alone maye make positiue lawes, bi∣cause the hole state and body of their countrey haue geuē, and resigned to them their authoritie so to doo:

which neuertheles is rather to be compted a tiranne than a king, as Dionisius, Philippus and Alexander were, who saued whom they wold ād spilt whom they lusted. And thother be suche, vnto whom the people haue not geuen suche autoritie, but kepe it them selues: as we haue before sayed cōcerning the mixte state.

True it is, that in maters indifferent, that is, that of them selues be neither good nor euil, hurtfull or profitable, but for a decent ordre: Kinges and Princes (to whom the people haue geuen their autoritie) maie make suche lawes, and dispense with them. But in ma∣ters not indifferent, but godly and profitably orday∣ned for the common wealthe, ther can they not (for all their autoritie) breake thē or dispense with them. For Princes are ordained to doo good, not to doo euil: to take awaie euil, not to increace it: to geue example of well doing, not to be procurers of euil: to procure the wealthe and benefite of their subiectes, and not to worke their hurt or vndoing. And in thempire wher (by the ciuile lawes) themperours claime, that the people gaue them their autoritie to make lawes, al∣beit they haue ben willing, and ofte attēpted to exe∣cute their autoritie, which som Pikethākes (to please them) saie they haue by the lawes, yet haue they ben forced of them selues to leaue of their enterprise. But such as be indifferent expounders of the lawes, be of that minde that we before haue declared: and therfore

make this a general conclusion, and as it were a rule, that thēperour willing any thing to be done, ther is no more to be done, than the lawes permit to be done. For (saie they) neither pope, Emperour, nor king may doo any thing to the hurt of his people without their cōsent. King Antigonus Chauncelour, saieng vnto him, that all thinges were honest ād laufull to kinges: ye saie true (quod the king) but to suche kinges as be beastes, barbarous ād without humanitie: but to true ād good Princes, nothing is honest, but that is honest in dede, and nothing is iuste, but that is iuste in dede.

Anthiochus the thrid king of Asia, conside∣ring that as he was aboue the people, so the lawes we∣re aboue him, wrote general lettres to all the cities of his countrey, that if they shoulde perceaue, that he by any lettres, should require any thing contrary to the lawes, they should thinke, that suche lettres were obteined without his cōsent, and therfore they should not obeie them.

Now if wher the people haue geuen their autori∣tie to their gouernour to make suche lawes, yet can he not breake or dispēse with the positiue lawes: how muche lesse maie suche gouernours, kinges, and prin∣ces to whō the people haue not geuen their autoritie (but they with the people, ād the people with thē ma ke the lawes) breake them or dispēse with them? If this were tolerable, thā were it in vaine to make solēne as semblies of the hole state, long Parliamentes &c? yea

(I beseche the) what certayntie should therbe in any thyng, wher all should depende on ones will and affection? But it wilbe saied, that albeit kinges and princes can not make lawes, but with the consent of the people, yet maie they dispense with any positiue lawe, by reason that of long tyme they haue vsed so to doo, and prescribe so to doo: for long custome ma∣keth a lawe.

To this it maye be answered, euil customes (be they neuer so olde) are not to be suffred, but vtterly to be abolished: and non maie prescribe to doo euil, be he king or subiecte. If the lawes appoint thee the time of thrittye or fourtie yeares to claime a sure and a perfit interesse of that thow enioiest, yet if thow knowe, that either thy self or those by Whom thow claimest, came wrongfully by it, thow art not in dede a perfit owner of it, but art bounden to restore it. Al∣though the lawes of man doo excuse and defende thee frō outwarde trouble and punishemēt, yet cā they not quiet the cōsciēce, but whā thy cōscience remēbreth, that thow enioiest that is not thyne, it will byte the that thow haste done wrong: it will accuse the before the iudgement seat of God, and condemnethe. And if princes and gouernours wolde shew thēselues half so wise, as they wolde men shoulde take them to be, and by thexample of others learne What mischief might happen to them selues, they wolde not (if they

might) clayme, muche lesse execute any suche ab∣solute authoritie. No, neither wold their Counsai∣lours (if they loued them) maintene them in it: nor yet the subiectes (if they did but considre their owne sauetie and felicitie in this life) wolde not if they might suffre their Prince to doo what him lusted.

For thone purchace to them selues a perpetuall vncer•…•…aintie bothe of life and goodes: and thother procureth the hatred of all, which albeit it be co∣loured and dissembled for a season, yet dothe it at leynght burst out, and worketh the reuenge with extremitie.

Ther lacke no examples to verifie this. It was dryven in to the head of temperour C. Caligula, that he was subiecte to no power, that he was aboue all lawes, and that he might laufully doo what him lu sted. This lesson was so swete to the fleshe, that it was no soner moued than desired, no soner taught than learned, no soner hearde than practiced. First by like that thempire should not goo out of his owne race, he coupleth not with one, but with all his su∣sters, like bitche and dogge. He killeth his brother Tiberius, and all his chiefest frendes: he murdereth many of the Senatours of Rome. He delited to haue honest men to be garshed, scotched and cut in the fa∣ces, and so to make him pleasure, to haue them cast

to rauenous beastes to be torne and deuoured in his sight, or to be sawed asondre in the middes. It was a pleasunt pastyme for him, to see the parentes stan∣de by, lamenting and weping, whiles their children were tormented and killed. He vsed to complayne and lament, that no common calamitie and notable miseries happened in his time. He reioyced muche whan newes were brought him of the slaughters of hole armies of men, great hongre, pestilence, townes burnyng, and openynges of the earthe, wherin many people were swalowed vp. But the daye he sawe any of these him self, he neded neither meat nor drinke, he was so iocunde and merye. And being glutted with the pastime of euery mannes dea∣the, by him self (to procure a newe appetite) he deui∣sed an other, if he could haue brought it to passe. But whan he could not haue it done, the memorie therof was so swete, that he ofte desired: that is, that all the he addes of the people of Rome stode on one mannes necke, that he might with ones was he cut it of. Ma∣ny other noble actes by his absolute power he wrought: and at leynght he commaunded that his ymage should be set vp in the temple at Ierusalem, and ther worshipped: as not vnlike Saīt Gardiners (for he hathe done no smal thīges) shalbe shortly by Anti cipaciō in Englād. But what was thende of Caligu∣laes absolute power? whā he had reigned three yea∣res and ten monethes, his owne householde seruaūtes

conspired against hym, and the general of his own•…•… Armie slewe him.

Nero thēperour was of nature very modest, gen til, and mercifull, and the first fiue yeares of this rei∣gne, he behaued him self very vertuously. After, other counsaillours and maisters, than Seneca crept into his fauour, who tolde him that he might doo what him lusted. He was sone persuaded therunto. And to shewe som profe that he had well caried awaye their aduise: he killed his mother Agrippina. This cruel acte did so moue his wicked conscience, that he durst not come abroade in the Senate, but kept him self secrete in his priuie chābre. For he feared the hatred of the people, and knewe not what was best for hī to doo. He lacked no flattering Counsailours. Ther were pleintie that sought their owne profit and gayne, and the satis∣fieng of their lustes, more than their princes honour and sauetie, and the cōmon wealthe of their coūtreie Saie they: Sir, whi should ye be thus amased with the deathe of this womā? She was of all people abhorred ād hated: the people wōderfully reioyce in your doīg, and cōmēde you aboue the moone for so noble an acte. They desire, that ye will returne in to the citie, that they maie with triumphe expresse how muche their ioie and gladnesse is, and how they loue you for so noble a feate. These craftie knaues seing how they might blinde their maisters eies, cōmaunded in them∣perours behalf, that all the people should come out of

Rome, to mete themperour. The Senate in their best apparail cometh out, alle other ordres likewise after their degrees folowe, and finally man, Woman and childe.

Themperour whan he sawe them, thought all was done from the botome of their heart. The Senate shewed suche outwarde honour, the commones so great loue, eueri body pretended so great ioye and gladnesse. And thinke ye, ther were not about him that said. Dothe not your Maiestie well finde all our saienges true? maye ye not credite vs in that we coun sail and aduise you? What folowed? Themperour em∣brewed with the blood of his mother, and his vnnatu∣ral acte commended by his wicked Counsailours, ceas∣seth not from his crueltie, but earnestly goeth for∣warde He putteth awaie his wife Octauia, bicau∣se she semed to be baren. He marieth his harlot called Puppie. He sendeth his wife Octauia in to an Ilan de, he byndeth her in chaines, and causeth her to be let blood in all partes: and fearing least feare wolde dry∣ue the blood to the harte, and so she lyue longer than he wolde, he setteth her in a bayne of hotte water, that her blood might the soner come out. But what becometh of his deare dearling Puppie? he dalieth a while with his Puppie and at leynght his hotte loue being turned in to displeasur, he spurneth her (being with Childe) on the belye, and so she dieth. To late he repented, but yet ceassed not his crueltie. He killed

his maister Seneca, he persecuted the churche of Christ most miserably, and so thinking that he might doo what him lusted, and that all was well done, were it neuer so euil done, he neuer lefte of his crueltie, til the people finding occasion and oportunitie to vttre their dissembled hatred, slewe him.

But what thinke you? who were to be blamed for these cruell actes? He for doing thē, or others for flat tring hī, or the Senate ād people of Rome in suffring him? Surely ther is none of them to be excused, but all to be blamed, and chiefly those that might haue brid∣led him, and did not.

He is a good citez in, that dothe non euil (saieth a noble wiseman) but he is a better that letteth others, that they shall not doo hurt nor vniustice to others. The blood of innocentes shalbe demaunded not only at the handes of the sheaders of blood, but also of tho∣se that make or consent to wicked lawes, to condem∣ne innocentes, or suffre their head to kill them con∣trary to iust lawes▪ or to spoile them of that they iustly enioie by the ordre of the lawe.

Now sithe kinges, princes, and gouernours of com∣mon wealthes haue not nor can iustly clayme any ab∣solute autoritie, but that thende of their autoritie is determined and certain to maintene iustice, to defende the innocent, to punishe the euil. And that so many euilles and mischiefes maie folowe, wher such absolute and (in dede) tirānical power is vsurped: let vs praie,

that they maie knowe their duetie, and discharge thē selues to God and to the worlde, or elles that those which haue the autoritie to refourme them, maie know and doo their duetie, that the people finding and acknowlageing the benefite of good rulers, maie thāke God for them, and labour euery one to doo their duetie: and that seing the head is not spared, but euillesin it punished, they maie the more willingly absteine frō tyrā∣nie and other euil doinges, and do their dueties, and so all glori∣fie God.