James I's "True Law of Free Monarchies..."

Thesis: While King James agrees that a good king will normally follow the law, James also asserts that a king has no obligation to any of the law.

I. Parliament

a. Laws are only made under king’s proposal and advice

b. Any law imposed by parliament is only with the permission of King

c. King is over-lord of the whole land, master over every person, with power over life and death of everyone

d. King may interpret or mitigate any law he sees doubtsome or rigorous

II. King is only bound by his good will

a. A good king may frame his actions to be according to the law, but he has no obligation to the law

The English Declaration of Rights

Parliament defends their rights to govern and gains sovereignty by lessening the power of the king and heightening that of parliament, and defends the rights of the people by reforming the abuses in the Stuart dynasty.

• Laws cannot be executed or abolished without consent of parliament
• Commissioning of other courts and commissions (star chamber) is illegal
• Royal prerogatives outlawed
• Subjects must be allowed to petition the king
• Standing armies are illegal
• Protestants must be allowed to carry arms
• Parliamentary elections must be free
• Parliamentary decisions cannot be questioned
• Excessive bail and cruel or unusual punishment cannot be allowed
• Jurors must be screened, and jurors in important cases must own land
• Fines and forfeitures before conviction
• Parliaments must be held frequently

Perry v. 2, James I, “The English Declaration of Rights”

“The Declaration of Rights,” which declared illegal James II’s arbitrary acts, compelled William and Mary and future monarchs to recognize the right of the people’s representatives, to dispose of the royal office, and to set limits on its powers.

Pretext for the Assembly

James II abdicated the government at left his thrown

In 1989, The prince of Orange took it upon himself to write letters to the spiritual and temporal lords of the kingdom who were protestant and other letters to several districts and organizations asking them to choose representatives to be sent to parliament to meet at Westminster

These representatives were to be chosen and sent to the council so that the religions, laws, and liberties of the people in the districts they represent would be fairly represented

This assembly’s purpose was to write a declaration of rights with the interest of their electors at the forefront of their minds

The Assembly’s Declarations

The king has no power to make or abolish laws without parliament’s consent

The king has no power to create new courts or act as a judge

The king no longer has the power to tax or appropriate funds without parliaments consent

Petitioning of the king by citizens made illegal

Keeping a standing army in England during peace time without Parliament’s consent made illegal but made the possession of firearms by protestants for protection legal

Election of members of Parliament made free

The proceedings in parliament not allowed to be questioned or challenged in any other

court

Excessive bail, fines, and punishment made illegal

Jurors made to be circulated and jurors which pass on men in trial for treason ought to be freeholders

All promises to pay fines before conviction are void

Parliament should meet frequently in order to keep up with all the grievances, amendments and laws