wherein juſtice is directed to be done according to the law of the land: and what that law is, every ſubject knows; or may know if he pleaſes: for it depends not upon the arbitrary will of any judge; but is permanent, fixed, and unchangeable, unleſs by authority of parliament. I ſhall however juſt mention a few negative ſtatutes, whereby abuſes, perverſions, or delays of juſtice, eſpecially by the prerogative, are reſtrained. It is ordained by magna carta[1], that no freeman ſhall 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 ſhall be ſent under the great ſeal, or the little ſeal, the ſignet, or privy ſeal, in diſturbance of the law; or to diſturb or delay common right: and, though ſuch commandments ſhould come, the judges ſhall not ceaſe to do right; which is made a part of their oath by 18 Edw. III. ſt. 4. And by 1 W. & M. ſt. 2. c. 2. it is declared, that the pretended power of ſuſpending, or diſpenſing with laws, or the execution of laws, by regal authority without conſent of parliament, is illegal.
Not only the ſubſtantial part, or judicial deciſions, of the law, but alſo the formal part, or method of proceeding, cannot be altered but by parliament: for, if once thoſe outworks were demoliſhed, there would be an inlet to all manner of innovation in the body of the law itſelf. The king, it is true, may erect new courts of juſtice; but then they muſt proceed according to the old eſtabliſhed forms of the common law. For which reaſon it is declared in the ſtatute 16 Car. I. c. 10. upon the diſſolution of the court of ſtarchamber, that neither his majeſty, nor his privy council, have any juriſdiction, power, or authority by Engliſh bill, petition, articles, libel (which were the courſe of proceeding in the ſtarchamber, borrowed from the civil law) or by any other arbitrary way whatſoever, to examine, or draw into queſtion, determine or diſpoſe of the lands or goods of any ſubjects of this kingdom; but that the ſame ought to be tried and determined in the ordinary courts of juſtice, and by courſe of law.
- ↑ c. 29.
