Tags

Coke wrote,

Note…the King was informed, that when the question was made of what matters the…Judges have cognizance (of)… the King himself may decide it in his Royall person; and that the Judges are but the delegates of the King…

To which it was answered by me, in the presence, and with the clear consent of all the Judges of England, and Barons of the Exchequer, that the King in his own person cannot adjudge any case, either criminal, as Treason, Felony, &c. or betwixt party and party, concerning his Inheritance, Chattels, or Goods, &c. but this ought to be determined and adjudged in some Court of Justice, according to the Law and Custom of England, and always Judgments are given ‘ Ideo consideratum est per curiam’ so that the Court gives the Judgment:

Then the King said, that he thought the Law was founded upon reason, and that he and others had reason, as well as the Judges: To which it was answered by me, that true it was, that God had endowed his Majesty with excellent Science, and great endowments of nature; but his Majesty was not learned in the Laws of his Realm of England, and causes which concern the life, or inheritance, or goods, or fortunes of his Subjects; they are not to be decided by natural reason but by the artificial reason and judgment of Law, which Law is an act which requires long study and experience, before that a man can attain to the cognizance of it;

And that the Law was the golden metwand and measure to try the Causes of the Subjects; and which protected his Majesty in safety and peace…

Language modernised.

Advertisements