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A78586 The true lavv of free monarchy, or The reciprocall and mutuall duty betvvixt a free king and his naturall subjects. By a well affected subject of the kingdome of Scotland.; True lawe of free monarchies James I, King of England, 1566-1625. 1642 (1642) Wing C2; Wing J145; Thomason E238_23; ESTC R6414 20,111 16

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he and his successours a long while after their being Kings made and established their lawes from time to time and as the occasion required So the truth is contrary in our state to the false affirmation of such seditious Writers as would perswade us that the Lawes and state of our countrey were established before the admitting of a King whereby the contrary ye see it plainly proved that a wise King comming among barbares first established the estate and forme of government and thereafter made dawes by himselfe and his successors according thereto The Kings therefore in Scotland were before any estates or rankes of men within the same before any Parliaments were holden or Lawes made and by them was the Land distributed which at the first was whole theirs states erected and decerned and formes of government devised and established And so it followes of necessity that the Kings were the authors and makers of the lawes and not the lawes of the Kings And to prove this my assertion more clearely it is evident by the Roles of our Chancellery which containe our eldest and fundamentall lawes that the King is Dominus omnium bonorum and Dominus directus totius Dominiy the whole subjects being but his vassals from him holding all their lands as their Over lord who according to good services done unto him changeth their holdings from tacke to few from ●ord to blanch erecteth new Baronies and uniteth old without advise or authority of either Parliament or any other subalterin judicial seate So as if wrong might be admitted in play albert I grant wrong should bee wrong in all persons the King might have a better colour for his pleasure without further reason to take the land from his lieges as over-lord of the whole and doe with it as pleaseth him since all that they hold is of him then as foolish writers say the people might un-make the King and put an other in his room But either of them as unlawfull and against the ordinance of God ought to be alike odious to be thought much lesse put in practise And according to these fundamentall lawes already alledged wee daily see that in the Parliament which is nothing else but the head Court of the King and his vassals the lawes are but craved by his subjects and only made by him at their rogation and with their advise For albeit the K. make daily statutes and ordinances injoyning such pains thereto as he thinks meet without any advise of Parliament or estates yet it lyes in the power of no Parliament to make any kinde of law or statute without his Scepter be to it for giving it the force of a law And althogh diverse changes have been in other Countries of the bloud Royall and kingly house the Kingdome being refectly conquest from one to another as in our neighbour country in England which was never in ours yet the same ground of the Kings right over all the Land and subjects thereof remaineth alike in all other free Monarchies as well as in this For when the Bastard of Normandie came into England and made himselfe King was it not by force and with a mighty army Where he gave the Law and tooke none changed the laws inverted the order of government see downe the strangers his followers in many of the old possessours roomes 〈◊〉 this day well appeareth a great part of the Gentlemen in England being come of the Norman bloud and their old Lawes which to this day they are tuled by are written in his language and not in theirs And yet his successors have with great bappinesse enjoyed the Crowne to this day Whereof the like was also done by all them that conquested them before And for conclusion of this point that the King is over-lord over the whole lands it is likewise daily proved by the Law of our hoords of want of Heires and of Bastardies For if a ●oord be found under the earth because it is no more in the keeping or use of any person it of the Law pertaines to the King If a person inheritour of any lands or goods dye without any sort of heires all his lands and goods returne to the King And if a bastard dye unrehabled without heires of his body which rehabling only lyes in the Kings hinds all that he hath likewise returnes to the King And as yee see it manifest that the King is Over-Lord of the whole Land So is hee master over every person that inhabiteth the same having power over the life and death of every one of them For although a just Prince will not take the life of any of his Subjects without a cleare Law Yet the same Lawes whereby he taketh them are made by himselfe or his predecessors And so the power flowes alwayes from himselfe As by daily experience we see good and just Princes will from time to time make new lawes and statutes adjoyning the penalties to the breakers thereof which before the Law was made had bin no crime to the subject to have committed Not that I deny the old definition of a King and of a law which makes the King to be a speaking Law and the Law a dumb King for certainely a King that governes not by law can neither bee countable to God for his administration nor have a happie and established Raigne For albeit it bee true that I have at length proved that the King is above the Law as both the Author and giver of strength thereto yet a good King will not onely delight to rule his subjects by the Law but even will conforme himselfe in his own actions therunto alwayes keeping that ground that the health of the common-wealth be his chiefe Law And where he sees the Law doubt-some or rigorous he may interpret or mittigate the same lest otherwise Summum jus be summairjuria And therfore generall lawes made publikely in Parliament may upon knowne respects to the King by his authority be mittigated and suspended upon causes only knowne to him As likewise although I have said a good king will frame all his actions to be according to the Law yet is hee not bound thereto but of his good will and for good example giving to his subjects For as in the Law of abstaining from eating of flesh in Lenton the King will for examples sake make his own house to observe the Law yet no man will think he needs to take a licence to eate flesh And although by our Laws the bearing wearing of hag-buts Pistolets be forbidden yet no man can unde any fault in the King for causing his traine use them in any raide upon the Bordourers or other malefactours or rebellious subjects So as I have already said a good King although he be above the Law will subject and frame his actions therto for examples sake to his subjects and of his own free-will but not as subject or bound thereto Since I have so clearely proved then out of the fundamentall laws