Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/158

142 wherein jutice is directed to be done according to the law of the land: and what that law is, every ubject knows; or may know if he pleaes: for it depends not upon the arbitrary will of any judge; but is permanent, fixed, and unchangeable, unles by authority of parliament. I hall however jut mention a few negative tatutes, whereby abues, perverions, or delays of jutice, epecially by the prerogative, are retrained. It is ordained by , that no freeman hall be outlawed, that is, put out of the protection and benefit of the laws, but according to the law of the land. By 2 Edw. III. c. 8. and 11 Ric. II. c. 10. it is enacted, that no commands or letters hall be ent under the great eal, or the little eal, the ignet, or privy eal, in diturbance of the law; or to diturb or delay common right: and, though uch commandments hould come, the judges hall not ceae to do right; which is made a part of their oath by 18 Edw. III. t. 4. And by 1 W. & M. t. 2. c. 2. it is declared, that the pretended power of upending, or dipening with laws, or the execution of laws, by regal authority without conent of parliament, is illegal.

only the ubtantial part, or judicial deciions, of the law, but alo the formal part, or method of proceeding, cannot be altered but by parliament: for, if once thoe outworks were demolihed, there would be an inlet to all manner of innovation in the body of the law itelf. The king, it is true, may erect new courts of jutice; but then they mut proceed according to the old etablihed forms of the common law. For which reaon it is declared in the tatute 16 Car. I. c. 10. upon the diolution of the court of tarchamber, that neither his majety, nor his privy council, have any juridiction, power, or authority by Englih bill, petition, articles, libel (which were the coure of proceeding in the tarchamber, borrowed from the civil law) or by any other arbitrary way whatoever, to examine, or draw into quetion, determine or dipoe of the lands or goods of any ubjects of this kingdom; but that the ame ought to be tried and determined in the ordinary courts of jutice, and by coure of law.