adhere unto you, to set yourself against the highest Court of
Justice, that is not law. Sir, as the Law is your Superior, so
truly, Sir, there is something that is superior to the Law, and
that is indeed the Parent or Author of the Law, and that is the
people of England: for, Sir, as they are those that at the first
(as other countries have done) did chuse to themselves this form
of government even for Justice sake, that justice might be
administered, that peace might be preserved; so, Sir, they gave
laws to their governors, according to which they should govern;
and if those laws should have proved inconvenient or prejudicial
to the public, they had a power in them, and reserved to
themselves, to alter as they shall see cause. Sir, it is very
true what some of your side have said, '_Rex non habet parem in
regno_,' say they: This Court will say the same, while King,
that you have not your peer in some sense, for you are _major
singulis_; but they will aver again that you are _minor
universis_. And the same Author tells you that, '_non debet esse
major eo in regno suo in exhibitione juris, minimus autem esse
debet in judicio suscipiendo_' [Bract., De Leg., lib. I. c.
viii.]
This we know to be law, _Rex habet superiorem, Deum et legem,
etiam et curiam_; so says the same author. And truly, Sir, he
makes bold to go a little further, _Debent ei ponere fraenum_:
they ought to bridle him. And, Sir, we know very well the
stories of old: those wars that were called the Barons' War,
when the nobility of the land did stand out for the Liberty and
Property of the Subject, and would not suffer the kings, that
did invade, to play the tyrants freer, but called them to
account for it; we know that truth, that they did _fraenum
ponere_. But, sir, if they do forbear to do their duty now, and
are not so mindful of their own honour and the kingdom's good as
the Barons of England of old were, certainly the Commons of
England will not be unmindful of what is for their preservation,
and for their safety; _Justitiae fruendi causa reges constituti
sunt_. This we learn: The end of having kings, or any other
governors, it is for the enjoying of justice; that is the end.
Now, Sir, if so be the king will go contrary to that end, or any
other governor will go contrary to the end of his government;
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