Bracton: Thorne Edition: English. Volume 2, Page 33

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Volume 2, Page 33

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[001] and defend the country and the people of God. [And finally], there are free men
[002] and bondsmen under the king, subject to his power. Indeed, all are below him and
[003] he himself below no one, except only God.¹

The king has no equal.

[005] ²The king has no equal within his realm, [Subjects cannot be the equals of the ruler,³
[006] because he would thereby lose his rule, since equal can have no authority over
[007] equal.]⁴ nor a fortiori a superior,⁵ because he would then be subject to those subjected
[008] to him. The king must not be under man but under God and under the law,
[009] because law makes the king,⁶ [Let him therefore bestow upon the law what
[010] the law bestows upon him,⁷ namely, rule and power.] for there is no rex where
[011] will rules rather than lex. Since he is the vicar of God,⁸ [And that he ought to be
[012] under the law appears clearly in the analogy of Jesus Christ, whose vicegerent on
[013] earth he is, ⁹for though many ways were open to Him for his ineffable redemption of
[014] the human race, the true mercy of God chose this most powerful way to destroy the
[015] devil's work, he would use not the power of force but the reason of justice.¹⁰ Thus he
[016] willed himself to be ¹¹under the law that he might redeem those who live under it.¹²
[017] For He did not wish to use force but judgment. And in that same way the Blessed
[018] Mother of God, the Virgin Mary, Mother of our Lord, who by an extraordinary
[019] privilege¹³ was above law, nevertheless, in order to show an example of humility,
[020] did not refuse to be subjected to established laws. Let the king, therefore, do the
[021] same, lest his power remain unbridled.]¹⁴ there ought to be no one in his kingdom¹⁵
[022] who surpasses him in the doing of justice, but he ought to be the last, or almost so,
[023] to receive it, when he is plaintiff.¹⁶ If it is asked of him, since no writ runs against
[024] him there will [only]¹⁷ be opportunity for a petition, that he correct and amend
[025] his act; if he does not, it is punishment enough for him that he await God's vengeance.¹⁸
[026] No one may presume to question his acts, much less contravene them.¹⁹

A second classification of persons, that they are either in their own potestas, or another's, or their status is doubtful.

[028] We have spoken above of the status of persons. ²⁰Now another classification must
[029] be put forward, for by classifications learning is more easily²¹ imparted. A
[030] partition or division [of a subject]

Notes

1. Infra 110, iii, 43, iv, 159

2. Supra i, 117-19 (full collation); F. Schulz in E.H.R., lx, 143-4, 172-3; in L'Europa e il diritto romano: Studi in memoria Paolo Koschaker, i, 23

3. ‘inferiores ... potentiori (for ‘potentioribus’)’ from line 8: D. 4.7.3. pr.: ‘potentiori pares non possumus’; Drogheda, 13, 43; cf. Schulz, 172

4. Drogheda, 310; Schulz, 138 (11); infra iv, 156

5. Glanvill, vii, 10: ‘Quia dominus rex nullum potest habere parem, multo minus superiorem;’ infra 157, 253, 305, iv, 159, 281, B.N.B., no. 1108

6. Infra 110, 306; Cortese, i, 152-4, ii, 223-5

7. Azo Summa Cod. 1.14, no. 16, as infra 306

8. Supra 20, infra 166, 305

9-10. Leo Magnus, in P.L., liv. col. 196: ‘Verax namque misericordia Dei, cum ad reparandum humanum genus ineffabiliter ei multa suppeterent, hanc potissimum consulendi viam elegit, qua ad destruendum opus diaboli non virtute uteretur potentiae sed ratione iustitiae.’ I owe this identification to Peter Kelly, S.J.

11-12. Epist. ad Galatas, 4:5: ‘sub lege, ut eos qui sub lege erantredimeret.’

13. ‘privilegio’

14. Infra 110, 305

15. ‘regno’

16. ‘in iustitia exhibenda,’ ‘in iustitia suscipienda,’ as infra 305

17. ‘tantum,’ as infra iii, 43

18. But see infra 110, iii, 43, iv, 159

19. The two supplementary paragraphs which once followed here now appear infra 109, n. 18 to 110, n. 15

20. Br. and Azo, 64-7 69, 71

20-24. Azo, Summa Inst. 1.8, pr. and nos. 1-3

21. ‘facilior,’ as Azo