"fubject 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 invefted in him with regard to others; "dominion and power: for he is not truly king, where "will and pleasure rules, and not the law." And again', "the king alfo hath a fuperior, namely God, and also the "law, by which he was made a king (1)." Thus Bracton + and Fortescue also, having first well distinguished between a monarchy abfolutely and defpotically regal, which is introduced by conqueft and violence, and a political or civil monarchy, which arifes from mutual confent; (of which laft fpecies he afferts the government of England to be) immediately lays it down as a principle, that "the king of England "must rule his people according to the decrees of the laws "thereof: infomuch that he is bound by an oath at his co"ronation to the obfervance and keeping of his own laws.” But, to obviate all doubts and difficulties concerning this matter, it is exprefsly declared by ftatute 12 and 13 W. III. C. 2. "that the laws of England are the birthright of "the people thereof; and all the kings and queens who "fhall afcend the throne of this realm ought to administer "the government of the fame according to the faid laws; "and all their officers and minifters ought to ferve them re fpectively according to the fame: and therefore all the laws "and statutes of this realm, for fecuring the established re"ligion, and the rights and liberties of the people thereof, " and all other laws and ftatutes of the fame now in force, "are ratified and confirmed accordingly." (1) This is alfo well and ftrongly expreffed in the year-books: La ley eft le plus haute inheritance que le roy ad; car par la ley il même et touts fes fujets font rulés, et fi le ley ne fuit, nul roi, et nul inheritance fera.-19 Hen. VI. 63. In English: The law is the higheft inheritance which the king has; for by the law he himself and all his fubjects are governed, and if there were no law, there would be neither king nor inheritance. AND, as to the terms of the original contract between king and people, thefe I apprehend to be now couched in the co[235] ronation oath, which by the ftatute 1 W. & M. ft. 1. c. 6. is to be administered to every king and queen, who fhall fucceed to the imperial crown of these realms, by one of the archbishops or bifhops of the realm, in the prefence of all the people; who on their parts do reciprocally take the oath of allegiance to the crown. This coronation oath is con ceived in the following terms: "The archbishop or bishop fhall fay, Will you folemnly pro"mise and fwear to govern the people of this kingdom of "England, and the dominions thereto belonging, according "to the ftatutes in parliament agreed on, and the laws and ❝customs of the fame?—The king or queen fball fay, I so"lemnly promise so to do.--Archbishop or bishop. Will you "to your power cause law and justice, in mercy, to be exe"cuted in all your judgments?-King or queen. I will. «Archbishop or bishop. Will you to the utmost of your "power maintain the laws of God, the true profeffion of the "gospel, and the protestant reformed religion established by "the law? And will you preferve unto the bishops and "clergy of this realm, and to the churches committed to "their charge, all fuch rights and privileges as by law do or "fhall appertain unto them, or any of them?-King or "queen. All this I promife to do.--After this the king er queen, laying his or her hand upon the holy gospels, fball faz, "The things which I have here before promised I will per "form and keep: fo help me God: and then fhall kifs the • book (2)." ft. 2. (2) And it is required both by the bill of rights, 1 W. & M. c. 2. and the act of fettlement 12 & 13 W. III. c. z. that every king and queen of the age of twelve years, either at their coronation, or on the first day of the first parliament upon the throne in the house of peers, (which fhall firft happen,) fhall repeat and fubfcribe the declaration against popery according to the 30 Car. II. ft. 2. c. 1. THIS is the form of the coronation oath, as it is now prefcribed by our laws; the principal articles of which appear to be at least as antient as the mirror of juftices, and even as the time of Bracton: but the wording of it was changed at the revolution, because (as the ftatute alleges) the oath itself had been framed in doubtful words and expreffions, with rela- [236] tion to antient laws and conftitutions at this time unknown". However, in what form foever it be conceived, this is moft indifputably a fundamental and original exprefs contract; though doubtlefs the duty of protection is impliedly as much incumbent on the fovereign before coronation as after: in the fame manner as allegiance to the king becomes the duty of the subject immediately on the defcent of the crown, before he has taken the oath of allegiance, or whether he ever takes it all. This reciprocal duty of the fubject will be confidered in it's proper place. At prefent we are only to obferve, that in the king's part of this original contract are expreffed all the duties that a monarch can owe to his people; viz. to govern according to law; to execute judgment in mercy; and to maintain the established religion. And, with refpect to the latter of these three branches, we may farther remark, that by the act of union, 5 Ann. c. 8. two preceding ftatutes are recited and confirmed; the one of the f cap. 1. §2. 1. 3. tr. I. c. 9. h In the old folio abridgment of the ftatutes, printed by Lettou and Machiinia in the reign of Edward IV, (penes there is preferved a copy of the old coronation oath; which, as the book is extremely scarce, I will here transcribe. Ceo eft le ferement que le roy jurre a foun coronement que il gardera et meintenera lex droitez et lez franchisez de seynt esglise grauntez aunciement dex dro tez roys chriftiens dEngletere,et quil gardera toute Jez terrex bonoures et dignites droiturelx et franks del coron du roialme dEngletere en tour miner dentier te fanz null maner damerufement,et lex droitez difpergez dilapidez ou perdux de la corone a foun peiair reap peller en launcien eftate, et quil gardera le parliament of Scotland, the other of the parliament of England: which enact; the former, that every king at his acceffion fhall take and fubfcribe an oath, to preferve the protestant religion and prefbyterian church government in Scot land; the latter, that at his coronation he fhall take and fubfcribe a fimilar oath, to preferve the fettlement of the church of England within England, Ireland, Wales, and Berwick, and the territories thereunto belonging, |