Note 104 — [pg 249]No. XXIII.

Horne, in hiz Mirror of Justices, chap. I. sect. 2. says, "altho the king ought not to hav any peer (that iz, equal) in the land, yet because he cannot be a judge in a case where he iz a party, it waz behovefull by the law that he should hav companions to heer and determin of all writs and plaints of all wrongs, &c. Theze companions are now called countees, earles, according to the Latin comites, &c." This iz singular! The king ought to hav no equal; therefore he ought to hav companions for judges; or, in plainer words, if possible, the king ought not to hav equals in the kingdom, therefore he should hav peers to heer and determin criminal causes. Common sense at leest, if not etymology, will say, "the king ought not to hav equals, but he must hav judges."