120 CASE OF THE POST-NATI OF SCOTLAND. 



which drew their first breath under the obeisance of 

 the king of England. 



The second point is, that by the former distribu 

 tion it appeareth that there be but two conditions by 

 birth, either alien, or natural born, &quot; nam tertium 

 penitus ignoramus.&quot; It is manifest then, that if the 

 post-nati of Scotland be not natural born, they are 

 alien born, and in no better degree at all than 

 Flemings, French, Italians, Spanish, Germans, and 

 others, which are all at this time alien friends, by 

 reason his majesty is in peace with all the world. 



The third point seemeth to me very worthy the 

 consideration ; which is, that in all the distributions 

 of persons, and the degrees of abilities or capacities, 

 the king s act is all in all without any manner of re 

 spect to law or paliament. For it is the king that 

 makes an alien enemy, by proclaiming a war, where 

 with the law or parliament intermeddles not. So 

 the king only grants safe-conducts, wherewith law 

 and parliament intermeddle not. It is the king like 

 wise that maketh an alien friend, by concluding a 

 peace, wherewith law and parliament intermeddle 

 not. It is the king that makes a denizen by his 

 charter, absolutely of his prerogative and power, 

 wherewith law and parliament intermeddle not. 

 And therefore it is strongly to be inferred, that as 

 all these degrees depend wholly upon the king s act, 

 and no ways upon law or parliament ; so the fourth, 

 although it cannot by the king s patent, but by ope 

 ration of law, yet that the law, in that operation, 

 respecteth only the king s person, without respect of 



