Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/250

234 reaon, and of ociety, but has always been eteemed an expres part of the common law of England, even when prerogative was at the highet. “The king,” aith Bracton, who wrote under Henry III, “ought not to be ubject to man, but to God, and to the law; for the law maketh the king. Let the king therefore render to the law, what the law has inveted in him with regard to others; dominion, and power: for he is not truly king, where will and pleaure rules, and not the law.” And again ; “the king alo hath a uperior, namely God, and alo the law, by which he was made a king.” Thus Bracton: and Fortecue alo, having firt well ditinguihed between a monarchy abolutely and depotically regal, which is introduced by conquet and violence, and a political or civil monarchy, which aries from mutual conent; (of which lat pecies he aerts the government of England to be) immediately lays it down as a principle, that “the king of England mut rule his people according to the decrees of the laws thereof: inomuch that he is bound by an oath at his coronation to the obervance and keeping of his own laws.” But, to obviate all doubts and difficulties concerning this matter, it is exprely declared by tatute 12 & 13 W. III. c. 2. that “the laws of England are the birthright of the people thereof; and all the kings and queens who hall acend the throne of this realm ought to adminiter the government of the ame according to the aid laws; and all their officers and miniters ought to erve them repectively according to the ame: and therefore all the laws and tatutes of this realm, for ecuring the etablihed religion, and the rights and liberties of the people thereof, and all other laws and tatutes of the ame now in force, are by his majety, by and with the advice and conent of the lords piritual and temporal and commons, and by authority of the ame, ratified and confirmed accordingly.”

, as to the terms of the original contract between king and people, thee I apprehend to be now couched in the corona- tion