Three speeches of the Right Honorable, Sir Francis Bacon Knight, then his Majesties Sollicitor Generall, after Lord Verulam, Viscount Saint Alban. Concerning the post-nati naturalization of the Scotch in England union of the lawes of the kingdomes of England and Scotland. Published by the authors copy, and licensed by authority.
         Bacon, Francis, 1561-1626.
      
       
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             Three speeches of the Right Honorable, Sir Francis Bacon Knight, then his Majesties Sollicitor Generall, after Lord Verulam, Viscount Saint Alban. Concerning the post-nati naturalization of the Scotch in England union of the lawes of the kingdomes of England and Scotland. Published by the authors copy, and licensed by authority.
             Bacon, Francis, 1561-1626.
          
           [2], 58, 57-88 p.
           
             Printed by Richard Badger, for Samuel Broun, and are to be sold at his shop in St. Pauls Church-yard at the signe of the white Lyon and Ball,
             London :
             1641.
          
           
             The words "post-nati .. Scotland." are bracketed together on title page.
             Annotation on Thomason copy: "July 20th".
             There exist two states of this edition. In state #1: the word "Chancecellor" appears on page 1, line 5. In state #2: the word is spelled "Chancellor". --Cf. Gibson, R.W. Bacon.
             Reproduction of the original in the British Library.
          
        
      
    
     
       
         eng
      
       
         
           Speeches, addresses, etc., English -- Early works to 1800.
           Great Britain -- History -- Charles I, 1625-1649 -- Early works to 1800.
           England -- Foreign relations -- Scotland -- Early works to 1800.
           Scotland -- Foreign relations -- England -- Early works to 1800.
        
      
    
       A71317  R17387  (Wing B337).  civilwar no Three speeches of the Right Honorable, Sir Francis Bacon Knight, then his Majesties Sollicitor Generall, after Lord Verulam, Viscount Saint Bacon, Francis 1641    18657 21 0 0 0 0 0 11 C  The  rate of 11 defects per 10,000 words puts this text in the C category of texts with between 10 and 35 defects per 10,000 words. 
        2000-00 TCP
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        Keyed and coded from ProQuest page images
      
        2005-03 Melanie Sanders
        Sampled and proofread
      
        2005-03 Melanie Sanders
        Text and markup reviewed and edited
      
        2005-04 pfs
        Batch review (QC) and XML conversion
      
    
  
   
     
       
       
       
       
       
       
       
       
       
       
       
       
       
         
           THREE
           SPEECHES
           
             OF
          
           The
           Right
           Honorable
           ,
           
             Sir
             Francis
             Bacon
          
           Knight
           ,
           then
           his
           Majesties
           Sollicitor
           Generall
           ,
           after
           LORD
           VERULAM
           ,
           Viscount
           Saint
           Alban
           .
        
         
           Concerning
           the
           POST-NATI
           
             Naturalization
             of
             the
             Scotch
             in
             England
             Vnion
             of
             the
             Lawes
             of
             the
             Kingdomes
             of
             England
             and
             Scotland
             .
          
        
         
           Published
           by
           the
           Authors
           Copy
           ,
           
             and
          
           Licensed
           by
           Authority
           .
        
         
           LONDON
           ,
           Printed
           by
           
             Richard
             Badger
             ,
          
           for
           
             Samuel
             Broun
             ,
          
           and
           are
           to
           be
           sold
           at
           his
           shop
           in
           St.
           
           
             Pauls
             Church-yard
          
           at
           the
           signe
           of
           the
           white
           Lyon
           and
           Ball
           .
        
         
           1641.
           
        
      
       
       
         
           
             
               15.
               
               May
               .
               1641.
               
            
          
        
         
           At
           a
           Committee
           appointed
           by
           the
           Honourable
           House
           of
           Commons
           in
           Parliament
           for
           examination
           of
           books
           ,
           &
           of
           the
           licensing
           and
           suppresing
           of
           them
           ,
           It
           is
           ordered
           that
           these
           three
           speeches
           or
           treatises
           be
           published
           in
           print
           .
        
         
           
             Edward
             Dering
             .
          
        
      
    
     
       
       
         
           The
           
             Argument
          
           of
           
             S
             r.
             Francis
             Bacon
             Knight
             ,
          
           His
           
             Majesties
          
           Sollicitor
           generall
           ,
           in
           the
           Case
           of
           the
           POST-NATI
           of
           
             Scotland
             ,
          
           in
           the
           
             Exchequer
             Chamber
             ,
          
           before
           the
           
             Lord
             Chancellor
          
           and
           all
           the
           Iudges
           of
           England
           .
        
         
           
             May
             it
             please
             Your
             Lord-ships
             ,
          
        
         
           THis
           Case
           Your
           Lord-ships
           doe
           well
           perceive
           to
           be
           of
           exceeding
           '
           great
           consequence
           .
           For
           whether
           you
           doe
           measure
           that
           by
           place
           ,
           that
           reacheth
           not
           onely
           to
           the
           Realme
           of
           England
           ,
           but
           to
           the
           whole
           Iland
           of
           Great-Brytaine
           ;
           or
           whether
           you
           measure
           that
           by
           time
           ,
           that
           extendeth
           not
           onely
           to
           the
           present
           time
           ,
           but
           much
           more
           to
           future
           generations
           ,
           
             
               Et
               natinatorum
               ,
               et
               qui
               nascentur
               ab
               illis
               :
            
          
        
         
           And
           therefore
           as
           that
           is
           to
           receive
           at
           the
           barre
           a
           full
           and
           free
           debate
           :
           so
           I
           doubt
           not
           but
           that
           shall
           receive
           from
           your
           Lord-ships
           a
           sound
           and
           iust
           resolution
           according
           to
           law
           and
           according
           to
           truth
           .
           For
           my
           Lords
           ,
           though
           he
           were
           thought
           to
           have
           said
           well
           that
           said
           that
           for
           his
           word
           ,
           
             Rex
             fortissimus
             ;
          
           Yet
           he
           was
           thought
           to
           have
           said
           better
           ,
           evenin
           the
           opinion
           ofa
           King
           him selfe
           that
           said
           ,
           
             Veritas
             fortissima
             et
             pravalet
             .
          
           And
           I
           doe
           much
           rejoyce
           to
           observe
           such
           a
           Concurrence
           in
           the
           whole
           carriage
           of
           this
           cause
           ,
           to
           this
           
           end
           that
           truth
           may
           prevaile
           .
           The
           case
           no
           fained
           ,
           or
           framed
           case
           ;
           but
           a
           true
           case
           betweene
           true
           partyes
           .
        
         
           The
           title
           handled
           formerly
           in
           some
           of
           the
           Kings
           Courts
           ,
           and
           Free-hold
           upon
           it
           :
           used
           indeed
           by
           his
           Majesty
           ,
           in
           his
           high
           wisedome
           to
           give
           an
           end
           to
           this
           great
           question
           ,
           but
           not
           raysed
           :
           
             occasio
             ,
          
           as
           the
           Schoole-men
           say
           ,
           
             arrepta
             non
             porrecta
             .
          
        
         
           The
           case
           argued
           in
           the
           Kings
           Bench
           by
           
             M.
             Walter
          
           with
           great
           liberty
           ,
           and
           yet
           with
           good
           approbation
           of
           the
           Court
           .
           The
           persons
           assigned
           to
           be
           of
           Counsell
           on
           that
           side
           ,
           inferiour
           to
           none
           of
           their
           quality
           and
           degree
           in
           learning
           ;
           and
           some
           of
           them
           most
           conversant
           and
           exercised
           in
           the
           question
           .
        
         
           The
           Iudges
           in
           the
           Kings
           Bench
           have
           adjourned
           it
           to
           this
           place
           ,
           for
           conference
           with
           the
           rest
           of
           their
           brethren
           .
           Your
           Lord-ship
           ,
           my
           Lord
           Chancellor
           ,
           though
           you
           be
           absolute
           Iudg
           in
           the
           Court
           where
           you
           sit
           ,
           and
           might
           have
           called
           to
           you
           such
           assistance
           of
           
             Iudges
          
           as
           to
           you
           had
           seemed
           good
           :
           yet
           would
           not
           fore-run
           or
           leade
           in
           this
           case
           by
           any
           opinion
           there
           to
           be
           given
           ;
           but
           have
           chosen
           rather
           to
           come
           your selfe
           to
           this
           assembly
           ,
           all
           tending
           (
           as
           I
           sayd
           )
           to
           this
           end
           ,
           whereunto
           I
           for
           my
           part
           doe
           heartily
           subscribe
           ,
           
             ut
             vincat
             veritas
             ,
          
           that
           truth
           may
           first
           appeare
           ,
           and
           then
           prevaile
           .
           And
           I
           doe
           firmely
           hold
           and
           doubt
           not
           but
           I
           shall
           well
           maintaine
           ,
           that
           this
           is
           the
           truth
           ,
           That
           
             Calvin
          
           the
           plaintiefe
           is
           
             Ipso
             Iure
          
           by
           the
           law
           of
           England
           a
           naturall
           borne
           subject
           ,
           to
           purchase
           Free-hold
           and
           to
           bring
           reall
           actions
           within
           
             Eugland
             .
          
           In
           this
           case
           I
           must
           so
           consider
           the
           time
           ,
           as
           I
           must
           much
           more
           consider
           the
           matter
           .
           And
           therefore
           though
           it
           may
           draw
           my
           speach
           into
           further
           length
           ;
           yet
           I
           dare
           not
           handle
           a
           case
           of
           this
           
           nature
           confusedly
           ,
           but
           purpose
           to
           observe
           the
           ancient
           and
           exact
           forme
           of
           pleadings
           ,
           which
           is
           ,
        
         
           
             
               First
               ,
               to
               explaine
               or
               induce
               .
            
          
           
             
               Then
               ,
               to
               confute
               ,
               or
               answere
               objections
               .
            
          
           
             
               And
               lastly
               ,
               to
               prove
               ,
               or
               confirme
               .
            
          
        
         
           And
           first
           for
           explanation
           .
           The
           outward
           question
           in
           this
           case
           is
           no
           more
           ,
           but
           whether
           a
           child
           borne
           in
           
             Scotland
          
           since
           his
           Majesties
           happy
           comming
           to
           the
           Crowne
           of
           England
           ,
           be
           naturalized
           in
           
             England
          
           or
           no
           ?
           But
           the
           inward
           question
           or
           State
           of
           the
           question
           evermore
           beginneth
           ,
           where
           that
           which
           is
           confessed
           on
           both
           sides
           doth
           leave
           .
        
         
           It
           is
           confest
           ,
           that
           if
           these
           two
           Realmes
           of
           
             England
          
           and
           Scotland
           were
           united
           under
           one
           Law
           and
           one
           Parliament
           ,
           and
           thereby
           incorporated
           and
           made
           as
           one
           Kingdome
           ,
           that
           the
           
             Post-natus
          
           of
           such
           an
           union
           should
           be
           naturalized
           .
        
         
           It
           is
           confessed
           ,
           that
           both
           Realmes
           are
           united
           in
           the
           person
           of
           our
           Soveraigne
           ;
           or
           (
           because
           I
           will
           gaine
           nothing
           by
           surreption
           ,
           in
           the
           putting
           of
           the
           question
           )
           that
           one
           &
           the
           same
           naturall
           person
           ,
           is
           King
           of
           both
           Realmes
           .
        
         
           It
           is
           confessed
           ,
           that
           the
           Lawes
           and
           Parliaments
           are
           severall
           .
           So
           then
           ,
           whether
           this
           priviledge
           and
           benefit
           of
           Naturalization
           be
           an
           accessory
           or
           dependancy
           up
           on
           that
           which
           is
           one
           and
           joint
           ,
           or
           upon
           that
           which
           is
           severall
           ,
           hath
           beene
           and
           must
           be
           the
           depth
           of
           this
           question
           .
           And
           therefore
           your
           Lord-ships
           doe
           see
           the
           State
           of
           this
           question
           doth
           evidently
           lead
           me
           by
           way
           of
           inducement
           to
           speake
           of
           three
           things
           .
           The
           King
           ,
           the
           Law
           ,
           and
           the
           priviledge
           of
           Naturalization
           .
           For
           
           if
           you
           well
           understand
           the
           nature
           of
           the
           two
           Principals
           ,
           and
           againe
           the
           nature
           of
           the
           Accessory
           ;
           Then
           shall
           you
           discerne
           ,
           to
           whether
           Principal
           the
           Accessory
           doth
           properly
           referre
           ,
           as
           a
           shadow
           to
           a
           body
           ,
           or
           Iron
           to
           an
           Adamant
           .
        
         
           And
           there
           your
           Lord-ships
           will
           give
           me
           leave
           in
           a
           case
           of
           this
           quality
           ,
           first
           to
           visit
           and
           open
           the
           foundations
           and
           fountaines
           of
           Reason
           ;
           and
           not
           to
           begin
           with
           the
           positions
           ,
           and
           eruditions
           of
           a
           
             Municipall
          
           Law
           ;
           for
           so
           was
           that
           done
           in
           the
           great
           Case
           of
           Mines
           ;
           and
           so
           ought
           that
           to
           be
           done
           in
           all
           cases
           of
           like
           nature
           .
           And
           this
           doth
           not
           at
           all
           detract
           from
           the
           sufficiency
           of
           our
           lawes
           ,
           as
           incompetent
           to
           decide
           their
           owne
           cases
           ;
           but
           rather
           addeth
           a
           dignity
           unto
           them
           when
           their
           reason
           appearing
           as
           well
           as
           their
           authority
           ,
           doth
           shew
           them
           to
           be
           as
           fine
           moneyes
           ,
           which
           are
           currant
           not
           onely
           by
           the
           stampe
           because
           they
           are
           so
           received
           ,
           but
           by
           the
           naturall
           metall
           ,
           that
           is
           the
           reason
           and
           wisedome
           of
           them
           .
        
         
           And
           
             Master
             Littleton
          
           himselfe
           in
           his
           whole
           booke
           doth
           commend
           but
           two
           things
           to
           the
           professors
           of
           the
           law
           by
           the
           name
           of
           his
           sonnes
           ;
           the
           one
           the
           inquiring
           and
           searching
           out
           the
           reasons
           of
           the
           law
           ,
           and
           the
           other
           ,
           the
           observing
           of
           the
           formes
           of
           pleadings
           .
           And
           never
           was
           there
           any
           case
           that
           came
           in
           Iudgement
           ,
           that
           required
           more
           that
           
             Littletons
          
           advice
           should
           be
           followed
           in
           those
           two
           points
           ,
           then
           doth
           the
           present
           case
           in
           question
           .
           And
           first
           of
           the
           King
           .
        
         
           It
           is
           evident
           that
           all
           other
           common-wealths
           (
           Monarchies
           onely
           excepted
           )
           doe
           snbsist
           by
           a
           law
           preceedent
           .
           For
           where
           authority
           is
           divided
           amongst
           many
           officers
           ,
           and
           they
           not
           perpetuall
           ,
           but
           annuall
           or
           temporary
           ,
           
           and
           not
           to
           receive
           their
           authority
           but
           by
           election
           ,
           and
           certaine
           persons
           to
           have
           voice
           onely
           to
           that
           election
           ,
           and
           the
           like
           :
           These
           are
           busie
           and
           curious
           frames
           :
           which
           of
           necessity
           doe
           presuppose
           a
           law
           precedent
           written
           or
           unwritten
           to
           guide
           and
           direct
           them
           .
           But
           in
           Monarchies
           ,
           especially
           hereditary
           ,
           that
           is
           when
           severall
           families
           ,
           or
           Ilneages
           of
           people
           doe
           submit
           themselves
           to
           one
           line
           ,
           Imperiall
           or
           Royall
           ,
           the
           submission
           is
           more
           naturall
           and
           simple
           ,
           which
           afterwards
           by
           lawes
           subsequent
           is
           perfected
           and
           made
           more
           formall
           :
           but
           that
           is
           grounded
           upon
           nature
           .
           That
           this
           is
           so
           ,
           it
           appeareth
           notably
           in
           two
           things
           ,
           the
           one
           ,
           the
           platformes
           and
           patternes
           which
           are
           found
           in
           nature
           of
           Monarchies
           ,
           the
           original
           submissions
           ,
           &
           their
           motives
           and
           occasions
           .
           The
           platformes
           are
           three
           .
        
         
           The
           first
           is
           that
           of
           a
           father
           ,
           or
           chiefe
           of
           a
           family
           :
           who
           governing
           over
           his
           wife
           by
           prerogative
           of
           Sexe
           ,
           over
           his
           children
           by
           prerogative
           of
           age
           ,
           and
           because
           he
           is
           author
           unto
           them
           of
           being
           ;
           and
           over
           his
           servants
           by
           prerogative
           of
           vertue
           and
           providence
           ,
           for
           he
           that
           is
           able
           of
           body
           ,
           and
           improvident
           of
           mind
           ,
           is
           
             Natura
             servus
          
           )
           that
           is
           a
           very
           modell
           of
           a
           King
           .
           So
           that
           is
           the
           opinion
           of
           
             Aristotle
             ,
             Lib.
             3.
             Pol.
             Cap.
             14
             ,
          
           where
           he
           saith
           :
           
             Verum
             autem
             regnum
             est
             ,
             cum
             penes
             unum
             est
             rerum
             summa
             potestas
             :
             quod
             regnum
             procurationem
             familia
             imitatur
             .
          
        
         
           And
           therefore
           
             Lyeurgus
             ,
          
           when
           one
           counselled
           him
           to
           dissolve
           the
           kingdome
           and
           to
           establish
           another
           forme
           of
           estate
           ,
           he
           answered
           ,
           Sir
           begin
           to
           doe
           that
           which
           you
           advise
           first
           at
           home
           in
           your
           owne
           house
           noting
           that
           the
           chief
           of
           a
           family
           is
           as
           a
           King
           ;
           and
           that
           those
           that
           can
           least
           endure
           Kings
           abroad
           ;
           can
           be
           content
           
           to
           be
           Kings
           at
           home
           ,
           &
           this
           is
           the
           first
           platforme
           ,
           which
           we
           see
           is
           meerely
           naturall
           .
        
         
           The
           second
           is
           ,
           that
           of
           a
           Shepheard
           and
           his
           flocke
           ;
           which
           
             Zenophon
          
           saith
           ,
           
             Cyrus
          
           had
           ever
           in
           his
           mouth
           .
           For
           shepheards
           are
           not
           owners
           of
           the
           sheepe
           ,
           but
           their
           office
           is
           to
           feede
           and
           governe
           :
           no
           more
           are
           Kings
           ,
           
             proprietaries
             ,
          
           or
           owners
           of
           the
           people
           ,
           for
           God
           is
           sole
           owner
           of
           people
           .
           The
           nations
           ,
           as
           the
           Scripture
           saith
           ,
           are
           his
           inheritance
           :
           But
           the
           office
           of
           Kings
           is
           to
           governe
           ,
           maintaine
           ,
           and
           protect
           people
           .
           And
           that
           is
           not
           without
           a
           mystery
           ,
           that
           the
           first
           King
           that
           was
           instituted
           by
           God
           ,
           
             David
             ,
          
           (
           for
           
             Saul
          
           was
           butan
           untimely
           fruit
           )
           was
           translated
           from
           a
           shepheard
           ,
           as
           you
           have
           it
           in
           the
           78.
           
           
             Psal.
             Et
             elegit
             David
             servum
             suum
             ,
             de
             gregibus
             ovium
             sustulit
             eum
             ,
             pascere
             Iacob
             Servum
             suum
             Israel
             hereditatem
             suam
             .
          
           This
           is
           the
           second
           platforme
           ,
           a
           worke
           likewise
           of
           nature
           .
        
         
           The
           third
           
             platforme
          
           is
           the
           government
           of
           God
           himselfe
           over
           the
           world
           ,
           whereof
           lawfull
           
             Monarchies
             ,
          
           are
           a
           shadow
           .
           And
           therefore
           both
           amongst
           the
           heathen
           ,
           and
           amongst
           the
           Christians
           the
           word
           (
           
             sacred
          
           )
           hath
           beene
           attributed
           unto
           Kings
           ,
           because
           of
           the
           conformity
           of
           a
           Monarchy
           ,
           with
           the
           divine
           Majesty
           ;
           never
           to
           a
           Senate
           or
           people
           .
           And
           so
           you
           finde
           it
           twice
           in
           the
           Lord
           
             Cookes
          
           Reports
           :
           once
           in
           the
           second
           booke
           ,
           the
           Bishop
           of
           
             Winchesters
          
           case
           ;
           and
           his
           first
           booke
           .
           
             Cawdries
          
           case
           ,
           and
           more
           anciently
           in
           the
           10.
           of
           
             H.
          
           7.
           
             fo.
          
           18.
           
           
             Rex
             est
             persona
             mixta
             cam
             Sacerdote
             ;
          
           an
           attribute
           which
           the
           senate
           of
           
             Venice
             ,
          
           or
           a
           
             Canton
             of
             Swisses
             ,
          
           can
           never
           challenge
           .
           So
           we
           see
           there
           be
           presidents
           ,
           or
           platformes
           of
           
             Monarchies
             ,
          
           both
           in
           
             Nature
          
           and
           above
           
             Nature
             :
          
           even
           from
           the
           Monarch
           of
           heaven
           and
           
           earth
           ;
           to
           the
           King
           (
           if
           you
           will
           )
           in
           an
           hive
           of
           bees
           .
           And
           therefore
           other
           States
           are
           the
           creatures
           of
           the
           law
           ;
           and
           this
           State
           onely
           subsisteth
           by
           
             Nature
             .
          
        
         
           For
           the
           originall
           submissions
           ,
           they
           are
           foure
           in
           number
           :
           I
           will
           briefly
           touch
           them
           :
           The
           first
           is
           
             Paternity
          
           or
           
             Patriarchy
             ,
          
           which
           was
           when
           a
           family
           growing
           so
           great
           as
           it
           could
           not
           containe
           it selfe
           within
           one
           habitation
           ,
           some
           branches
           of
           the
           descendents
           were
           forced
           to
           plant
           themselves
           into
           new
           families
           ,
           which
           second
           families
           could
           not
           by
           a
           naturall
           instinct
           ,
           and
           inclination
           ,
           but
           beare
           a
           reverence
           and
           yeeld
           an
           obeyseance
           to
           the
           eldest
           line
           of
           the
           ancient
           family
           ,
           from
           which
           they
           were
           derived
           .
        
         
           The
           second
           is
           ,
           the
           admiration
           of
           vertue
           ,
           or
           gratitude
           towards
           merit
           ,
           which
           is
           likewise
           naturally
           infused
           into
           all
           men
           .
           Of
           this
           
             Aristotle
          
           putteth
           the
           case
           well
           ,
           when
           it
           was
           the
           fortun
           of
           some
           one
           man
           ,
           either
           to
           invent
           some
           Arts
           of
           excellent
           use
           towards
           mans
           life
           ;
           or
           to
           congregate
           people
           that
           dwelt
           scattered
           ,
           into
           one
           place
           ,
           where
           they
           might
           cohabite
           with
           more
           comfort
           ;
           or
           to
           guide
           them
           from
           a
           more
           barrenland
           to
           a
           more
           fruitful
           ,
           or
           the
           like
           :
           Vpon
           these
           deserts
           ,
           and
           the
           admiration
           and
           recompence
           of
           them
           ,
           people
           submitted
           themselves
           .
        
         
           The
           third
           ,
           which
           was
           the
           most
           usuall
           of
           all
           ,
           was
           Conduct
           in
           warre
           ,
           which
           even
           in
           nature
           induceth
           as
           great
           an
           obligation
           ,
           as
           
             Paternity
             .
          
           For
           as
           men
           owe
           their
           life
           and
           being
           to
           their
           
             Parents
             ,
          
           in
           regard
           of
           generation
           :
           So
           they
           owe
           that
           also
           to
           
             Saviours
          
           in
           the
           warres
           ,
           in
           regard
           of
           preservation
           .
           And
           therefore
           we
           finde
           in
           the
           18.
           
             Chap.
          
           of
           the
           booke
           of
           
             Iudges
             ,
             verse
          
           22.
           
           
             Dixerunt
             omnes
             ●iri
             ad
             Cedeon
             Dominare
             nostri
             ,
             tu
             et
             filij
             tui
             ,
             quoniam
             servasti
             nos
             de
             manu
             Madian
             .
          
           And
           so
           
           we
           reade
           when
           it
           was
           brought
           to
           the
           
             eares
          
           of
           
             Saul
             that
             the
             people
             sung
             in
             the
             streets
             ,
             Saul
          
           hath
           kild
           his
           
             thousand
             ,
             &
             David
          
           his
           
             ten
             thousand
          
           of
           enemies
           ;
           he
           said
           straightwaies
           :
           
             Quid
             ei
             superest
             nisi
             ipsum
             regnū
             ?
          
           for
           whosoever
           hath
           the
           
             military
             dependance
             ,
             wants
             little
             of
             being
             King
             .
          
        
         
           The
           fourth
           is
           an
           enforced
           submission
           ,
           which
           is
           Conquest
           ,
           whereof
           it
           seemed
           
             Nymrod
          
           was
           the
           first
           president
           ,
           of
           whom
           it
           is
           said
           ,
           
             Ipse
             caepit
             potens
             esse
             in
             terra
             ,
             et
             erat
             robustus
             venator
             coram
             Domine
             .
          
           And
           this
           likewise
           is
           upon
           the
           same
           root
           ,
           which
           is
           the
           saving
           or
           gift
           as
           it
           were
           of
           life
           ,
           and
           being
           ,
           for
           the
           Conqueror
           hath
           power
           of
           life
           and
           death
           over
           his
           Captives
           ,
           and
           therefore
           where
           he
           giveth
           them
           themselves
           ,
           he
           may
           reserve
           upon
           such
           a
           gift
           ,
           what
           service
           and
           subjection
           he
           will
           .
           All
           these
           foure
           submissions
           are
           evident
           to
           be
           naturall
           and
           more
           ancient
           than
           law
           .
        
         
           To
           speake
           therefore
           of
           Law
           ,
           which
           is
           the
           second
           part
           of
           that
           which
           is
           to
           be
           spoken
           of
           ,
           by
           way
           of
           inducement
           .
           
             Law
          
           no
           doubt
           is
           the
           great
           Organ
           by
           which
           the
           soveraigne
           power
           doth
           move
           ,
           and
           may
           be
           truly
           compared
           to
           the
           sinewes
           in
           a
           naturall
           body
           ,
           as
           the
           
             Soveraignty
          
           may
           be
           compared
           to
           the
           spirits
           ,
           for
           if
           the
           Sinewes
           be
           without
           the
           spirits
           ,
           they
           are
           dead
           and
           without
           motion
           ,
           If
           the
           spirits
           move
           in
           weake
           sinewes
           it
           causeth
           trembling
           :
           so
           the
           lawes
           with
           out
           the
           
             Kings
          
           power
           ,
           are
           dead
           ;
           the
           
             Kings
          
           power
           except
           the
           lawes
           be
           corroborate
           ,
           will
           never
           move
           constantly
           ,
           but
           be
           full
           of
           staggering
           and
           trepidation
           .
           But
           towards
           the
           
             King
          
           himself
           ,
           the
           law
           doth
           a
           double
           office
           or
           operation
           :
           The
           first
           is
           to
           entitle
           the
           
             King
             ,
          
           or
           designe
           him
           ;
           and
           in
           that
           sense
           
             Bracton
          
           saith
           well
           .
           
             Lib.
             1.
             fol.
             5.
          
           and
           
             Lib.
             3.
             fol.
             107.
             
             Lex
             facit
             quod
             ipse
             sit
             Rex
             ,
          
           that
           is
           
           it
           defines
           his
           title
           ,
           as
           in
           our
           law
           ,
           that
           the
           kingdome
           shall
           goe
           to
           the
           issue
           female
           :
           That
           it
           shall
           not
           be
           departable
           amongst
           daughters
           :
           That
           the
           halfe
           bloud
           shall
           not
           be
           respected
           ,
           and
           other
           points
           differing
           from
           the
           rules
           of
           common
           inheritance
           .
           The
           second
           is
           (
           that
           whereof
           we
           need
           not
           feare
           to
           speake
           in
           good
           and
           happy
           times
           ,
           such
           as
           these
           are
           )
           to
           make
           the
           ordinary
           power
           of
           the
           King
           more
           definite
           or
           regular
           ,
           for
           it
           was
           well
           said
           by
           a
           Father
           ,
           
             plenitudo
             potestatis
             ,
             est
             pleuitudo
             tempest
             at
             is
             .
          
           And
           although
           the
           King
           ,
           in
           his
           Person
           ,
           be
           
             Solutus
             Legibus
             ;
          
           yet
           his
           Acts
           and
           Grants
           are
           limited
           by
           Law
           ,
           and
           we
           argue
           them
           every
           day
           .
        
         
           But
           I
           demand
           ,
           Do
           these
           offices
           or
           operations
           of
           law
           evacuate
           or
           frustrate
           the
           originall
           submission
           ,
           which
           was
           naturall
           ?
           or
           shall
           it
           be
           said
           that
           all
           allegiance
           is
           by
           law
           ?
           No
           more
           than
           it
           can
           be
           said
           ,
           that
           
             potest
             potest●●
             patris
             ,
          
           the
           power
           of
           the
           Father
           over
           the
           Child
           ,
           is
           by
           Law
           :
           and
           yet
           no
           doubt
           Lawes
           do
           diversely
           define
           of
           that
           also
           ;
           the
           Law
           of
           some
           Nations
           having
           given
           Fathers
           power
           to
           put
           their
           Children
           to
           death
           ;
           others
           ,
           to
           sell
           them
           thrice
           ,
           others
           to
           disinherit
           them
           by
           testament
           at
           pleasure
           ,
           and
           the
           like
           .
           Yet
           no
           man
           will
           affirm
           ,
           that
           the
           obedience
           of
           the
           child
           is
           by
           law
           ,
           though
           lawes
           in
           some
           points
           doe
           make
           it
           more
           positive
           .
           And
           even
           so
           it
           is
           of
           allegiance
           of
           subjects
           to
           hereditary
           
             Monarches
             ,
          
           which
           is
           corroborate
           and
           confirmed
           by
           law
           ,
           but
           is
           the
           worke
           of
           the
           law
           of
           nature
           .
           And
           therefore
           you
           shall
           finde
           the
           observation
           true
           ,
           and
           almost
           generall
           in
           all
           states
           ,
           that
           their
           law-givers
           were
           long
           after
           their
           first
           Kings
           ,
           who
           governed
           for
           a
           time
           by
           naturall
           equity
           without
           law
           ;
           So
           was
           
             Theseus
          
           long
           before
           
             Salo●
          
           in
           
             A●h●m
             :
          
           for
           was
           
             E●●iti●●
          
           and
           
             〈◊〉
          
           
           long
           before
           
             Lycurgus
          
           in
           
             Sparta
             .
          
           So
           was
           
             Romulus
          
           long
           before
           the
           
             Decemviri
             .
          
           And
           even
           amongst
           our selves
           ,
           there
           were
           more
           ancient
           
             Kings
          
           of
           the
           
             Saxons
             ;
          
           and
           yet
           the
           Lawes
           ran
           under
           the
           name
           of
           
             Edgars
          
           Lawes
           .
           And
           in
           the
           refounding
           of
           the
           
             Kingdome
          
           in
           the
           person
           of
           
             William
          
           the
           Conqueror
           ,
           when
           the
           Lawes
           were
           in
           some
           confusion
           for
           a
           time
           ,
           a
           man
           may
           truly
           say
           ,
           that
           
             King
             Edward
          
           the
           first
           ,
           was
           the
           first
           Law-giver
           ,
           who
           enacting
           some
           Laws
           ,
           and
           collecting
           others
           ,
           brought
           the
           Law
           to
           some
           perfection
           .
           And
           therefore
           I
           will
           conclude
           this
           point
           with
           the
           Style
           which
           divers
           Acts
           of
           Parliaments
           do
           give
           unto
           the
           
             King
             :
          
           which
           terme
           him
           very
           effectually
           and
           truly
           ,
           
             Our
             Naturall
             Sove
             ,
             raigne
             Liege
             Lord
             .
          
           And
           as
           it
           was
           said
           by
           a
           principall
           Judge
           here
           present
           when
           he
           served
           in
           another
           place
           ,
           and
           question
           was
           moved
           by
           some
           occasion
           of
           the
           title
           of
           
             Bulleins
          
           Lands
           :
           That
           he
           would
           never
           allow
           ,
           that
           
             Queene
             Elizabeth
             .
          
           (
           I
           remember
           it
           for
           the
           efficacy
           of
           the
           phrase
           )
           should
           bee
           a
           Statute
           
             Queene
             ,
          
           but
           a
           
             Common
             Law
             Queen
             :
          
           So
           surely
           I
           shall
           hardly
           consent
           ,
           that
           the
           
             King
          
           shall
           be
           esteemed
           or
           called
           only
           ,
           
             Our
             Rightfull
             Soveraigne
             ,
          
           or
           
             Our
             Lawfull
             Soveraigne
             ,
          
           but
           our
           Naturall
           Liege
           Soveraigne
           ;
           As
           Acts
           of
           Parliament
           speake
           :
           For
           as
           the
           common
           Law
           is
           more
           worthy
           than
           the
           
             Statute
             Law
             :
          
           So
           the
           Law
           of
           
             Nature
          
           is
           more
           worthy
           than
           them
           both
           .
           Having
           spoken
           now
           of
           the
           
             King
          
           and
           the
           Law
           :
           it
           remaineth
           to
           speake
           of
           the
           priviledge
           and
           benefit
           of
           
             Naturalization
          
           it selfe
           ,
           and
           that
           according
           to
           the
           rules
           of
           the
           Law
           of
           
             England
             .
             Naturalization
          
           is
           best
           discerned
           in
           the
           degrees
           whereby
           the
           Law
           doth
           mount
           and
           ascend
           thereunto
           .
           For
           it
           seemeth
           admirable
           unto
           mee
           ,
           to
           consider
           with
           
           what
           a
           measured
           hand
           ,
           and
           with
           how
           true
           poportions
           our
           Law
           doth
           impart
           and
           conferre
           the
           severall
           degrees
           of
           this
           benefit
           :
           The
           degrees
           are
           foure
           .
        
         
           The
           first
           degree
           of
           persons
           ,
           (
           as
           to
           this
           purpose
           )
           ●hat
           the
           Law
           takes
           knowledge
           of
           ,
           is
           an
           Alien
           
             Enemy
             :
          
           that
           is
           such
           a
           one
           as
           is
           borne
           under
           the
           obeisance
           of
           a
           Prince
           or
           State
           that
           is
           in
           hostility
           with
           the
           
             King
          
           of
           
             England
             .
          
           To
           this
           person
           the
           Law
           giveth
           no
           benefit
           or
           protection
           at
           all
           ,
           but
           if
           hee
           come
           into
           the
           Realme
           after
           war
           proclaimed
           ,
           or
           war
           in
           fact
           ,
           he
           comes
           at
           his
           own
           perill
           ,
           hee
           may
           be
           used
           as
           an
           enemy
           :
           For
           the
           Law
           accounts
           of
           him
           ,
           but
           (
           as
           the
           Scripture
           saith
           )
           as
           of
           a
           
             Spye
          
           that
           comes
           to
           see
           the
           weaknesse
           of
           the
           land
           .
           And
           so
           it
           is
           2.
           of
           
             Ric.
          
           the
           3
           ,
           fo.
           2.
           
           Neverthelesse
           ,
           this
           admitteth
           a
           distinction
           .
           For
           if
           he
           come
           with
           safe
           conduct
           ,
           otherwise
           it
           is
           .
           For
           then
           he
           may
           not
           be
           violated
           ,
           either
           in
           person
           or
           goods
           .
           But
           yet
           hee
           must
           fetch
           his
           Justice
           at
           the
           fountaine
           head
           ,
           for
           none
           of
           the
           Conduit
           pipes
           are
           open
           to
           him
           ,
           he
           can
           have
           no
           remedy
           in
           any
           of
           the
           Kings
           Courts
           :
           but
           he
           must
           complain
           himselfe
           before
           the
           Kings
           Privy
           Councell
           :
           There
           he
           shall
           have
           a
           proceeding
           summary
           from
           houre
           to
           houre
           ,
           the
           cause
           shall
           be
           determined
           by
           naturall
           equity
           ,
           and
           not
           by
           rules
           of
           
             Law
             ,
          
           and
           the
           decree
           of
           the
           Councell
           shall
           be
           executed
           by
           ayde
           of
           the
           Chauncery
           ,
           as
           is
           13.
           
             Edw.
          
           4.
           
           An
           this
           is
           the
           first
           degree
           .
        
         
           The
           second
           person
           ,
           is
           an
           Alien
           friend
           ,
           that
           is
           such
           a
           one
           as
           is
           borne
           under
           the
           obeisance
           of
           such
           a
           
             King
          
           or
           
             State
             ,
          
           as
           is
           confederate
           with
           the
           
             King
          
           of
           
             England
             ,
          
           or
           at
           least
           not
           in
           war
           with
           him
           .
           To
           this
           person
           the
           Law
           allotteth
           this
           benefit
           ,
           that
           as
           the
           Law
           accounts
           that
           the
           hold
           it
           hath
           over
           him
           ,
           is
           but
           a
           tranfitory
           hold
           
           (
           for
           he
           may
           be
           an
           
             Enemy
          
           )
           So
           the
           Law
           doth
           indu●
           him
           ,
           but
           with
           a
           transitory
           benefit
           ,
           that
           is
           of
           moveable
           goods
           and
           personall
           actions
           .
           But
           for
           free-hold
           ,
           or
           lease
           ,
           or
           actions
           reall
           ,
           or
           mixt
           :
           he
           is
           not
           inabled
           ,
           except
           it
           be
           in
           
             auter
             droit
          
           And
           so
           it
           is
           9
           ,
           
             E.
          
           4
           ,
           fo.
           7.
           19.
           
             E.
          
           4
           ;
           fo.
           6.
           5.
           
           
             Ma.
          
           and
           divers
           other
           books
           .
        
         
           The
           third
           person
           is
           a
           
             Denizon
             ,
          
           using
           the
           word
           properly
           ;
           (
           for
           sometime
           it
           is
           confounded
           with
           a
           naturall
           borne
           subject
           .
           )
           This
           is
           one
           ,
           that
           is
           but
           
             Subditus
             insitivus
             ,
          
           or
           
             adoptivus
             ,
          
           and
           is
           never
           by
           birth
           ,
           but
           only
           by
           the
           
             Kings
          
           Charter
           ,
           and
           by
           no
           other
           meane
           ;
           come
           he
           never
           so
           young
           into
           the
           Realme
           ,
           or
           stay
           he
           never
           so
           long
           .
           Mansion
           or
           Habitation
           will
           not
           indenise
           him
           ,
           no
           nor
           swearing
           obedience
           to
           the
           King
           in
           a
           Leete
           ,
           which
           doth
           in-law
           the
           subject
           ;
           but
           only
           (
           as
           I
           said
           )
           the
           
             Kings
          
           grace
           and
           gift
           .
           To
           this
           person
           the
           Law
           giveth
           an
           ability
           and
           capacity
           abridged
           ,
           not
           in
           matter
           but
           in
           time
           .
           And
           as
           there
           was
           a
           time
           ,
           when
           hee
           was
           not
           subject
           :
           So
           the
           Law
           doth
           not
           acknowledge
           him
           before
           that
           time
           .
           For
           if
           he
           purchase
           free-hold
           after
           his
           
             Denization
             ,
          
           he
           may
           take
           it
           ;
           but
           if
           he
           have
           purchased
           any
           before
           ,
           he
           shall
           not
           hold
           it
           :
           So
           if
           hee
           have
           children
           after
           ,
           they
           shall
           inherit
           ,
           but
           if
           hee
           have
           any
           before
           ,
           they
           shall
           not
           inherit
           :
           So
           as
           he
           is
           but
           priviledged
           
             à
             parte
             post
             ,
          
           as
           the
           Schoole-men
           say
           ,
           and
           not
           
             à
             parte
             ante
             .
          
        
         
           The
           fourth
           and
           last
           degree
           ,
           is
           a
           
             Naturall
          
           borne
           subject
           ,
           which
           is
           evermore
           by
           birth
           ,
           or
           by
           Act
           of
           Parliament
           ;
           and
           he
           is
           compleate
           and
           entire
           .
           For
           in
           the
           Law
           of
           
             England
             ,
          
           there
           is
           
             nil
             ultra
             ,
          
           there
           is
           no
           more
           subdivision
           or
           more
           subtile
           division
           beyond
           these
           :
           And
           therein
           it
           seemeth
           to
           mee
           that
           the
           wisdome
           of
           
           the
           Law
           (
           as
           I
           said
           )
           is
           to
           be
           admired
           both
           ways
           ,
           both
           because
           it
           distinguisheth
           so
           far
           ,
           and
           because
           it
           doth
           not
           distinguish
           further
           .
           For
           I
           know
           that
           other
           Lawes
           do
           admit
           more
           curious
           distinction
           of
           this
           priviledge
           ;
           For
           the
           
             Romanes
          
           had
           besides
           
             〈◊〉
             Civitatis
             ,
          
           which
           answereth
           to
           
             Naturalization
             ,
             Ius
             Suffragii
             .
          
           For
           although
           a
           man
           were
           naturalized
           to
           take
           lands
           and
           inheritance
           ;
           yet
           he
           was
           not
           inabled
           to
           have
           a
           voyce
           at
           passing
           of
           Laws
           ,
           or
           at
           election
           of
           Officers
           .
           And
           yet
           further
           they
           have
           
             Ius
             Petitionis
             ,
          
           or
           
             Ius
             Honorum
             .
          
           For
           though
           a
           man
           had
           voyce
           ,
           yet
           he
           was
           not
           capable
           of
           honour
           ,
           and
           office
           .
           But
           these
           be
           the
           devises
           commonly
           of
           popular
           or
           free
           estates
           ,
           which
           are
           jealous
           whom
           they
           take
           into
           their
           number
           ,
           and
           are
           unfit
           for
           
             Monarchies
             :
          
           But
           by
           the
           Law
           of
           
             England
          
           the
           subject
           that
           is
           naturall
           borne
           ,
           hath
           a
           capacity
           or
           ability
           to
           all
           benefits
           whatsoever
           ;
           I
           say
           capacity
           or
           ability
           .
           But
           to
           reduce
           
             Potentiam
             in
             actum
             ,
          
           is
           another
           case
           .
           For
           an
           
             Earle
             of
             Ireland
             ,
          
           though
           he
           be
           naturalized
           in
           
             England
             ,
          
           yet
           hath
           so
           voyce
           in
           Parliament
           of
           
             England
             ,
          
           except
           he
           have
           either
           a
           call
           by
           Writ
           ,
           or
           a
           creation
           by
           Patent
           ,
           but
           he
           is
           capable
           of
           either
           .
           But
           upon
           this
           quadripartite
           division
           of
           the
           ability
           of
           persons
           ,
           I
           doe
           observe
           to
           your
           Lordships
           three
           things
           ,
           being
           all
           effectually
           pertinent
           to
           the
           question
           in
           hand
           .
        
         
           The
           first
           is
           ,
           that
           if
           any
           man
           conceive
           that
           the
           reasons
           for
           the
           
             Post-nati
          
           might
           serve
           as
           well
           for
           the
           
             Ante-nati
             ;
          
           He
           may
           by
           the
           distribution
           which
           wee
           have
           made
           ,
           plainly
           perceive
           his
           error
           .
           For
           the
           Law
           looketh
           not
           back
           ,
           and
           therefore
           cannot
           by
           any
           matter
           
             ex
             post
             facto
             ,
          
           after
           birth
           ,
           after
           the
           state
           of
           the
           birth
           ;
           wherein
           no
           doubt
           the
           Law
           hath
           a
           grave
           and
           profound
           
           reason
           ,
           which
           is
           this
           in
           few
           words
           ,
           
             Nemo
             subito
             fingitur
             ;
             aliud
             est
             nasci
             ,
             aliud
             fieri
             :
          
           Wee
           indeed
           more
           respect
           and
           affect
           thse
           worthy
           Gentlemen
           of
           
             Scotland
          
           whose
           merits
           and
           conversations
           we
           know
           :
           but
           the
           Law
           that
           proceeds
           upon
           generall
           reason
           and
           looks
           upon
           no
           mens
           faces
           ,
           affecteth
           and
           priviledgeth
           those
           ,
           which
           drew
           their
           first
           breath
           under
           the
           obeisance
           of
           the
           
             King
          
           of
           
             England
             .
          
        
         
           The
           second
           point
           is
           ,
           that
           by
           the
           former
           distribution
           ,
           it
           appeareth
           that
           there
           be
           but
           two
           conditions
           by
           birth
           ,
           either
           
             Alien
          
           or
           naturall
           borne
           (
           
             nam
             tertium
             penitus
             ignor
             amus
             .
          
           )
           It
           is
           manifest
           then
           ,
           that
           if
           the
           
             Post
             .
             nati
          
           of
           
             Scotland
             ,
          
           be
           not
           naturall
           borne
           ,
           they
           are
           alien
           born
           and
           in
           no
           better
           degree
           at
           all
           ,
           than
           
             Flemmings
             ,
             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
           mee
           very
           worthy
           the
           consideration
           ,
           which
           is
           ,
           that
           in
           all
           the
           distribution
           of
           persons
           ,
           and
           the
           degrees
           of
           abilities
           or
           capacities
           ,
           the
           
             Kings
          
           Act
           is
           all
           in
           all
           ,
           without
           any
           manner
           of
           respect
           to
           Law
           or
           Parliament
           .
           For
           it
           is
           the
           
             King
             ,
          
           that
           makes
           an
           
             Alien
          
           enemy
           ,
           by
           proclaiming
           a
           war
           ,
           wherewith
           the
           Law
           ,
           or
           Parliament
           intermeddles
           not
           :
           So
           the
           
             King
          
           only
           grants
           Safe-conducts
           ,
           wherewith
           Law
           and
           Parliament
           intermeddle
           not
           .
           It
           is
           the
           
             King
          
           likewise
           that
           maketh
           an
           
             Alien
             friend
             ,
          
           by
           concluding
           a
           peace
           ,
           wherewith
           Law
           and
           Parliament
           intermeddle
           not
           .
           It
           is
           the
           
             King
          
           that
           makes
           a
           Denizon
           ,
           by
           his
           Charter
           absolutely
           of
           his
           prerogative
           and
           power
           ,
           wherewith
           Law
           and
           Parliament
           intermedle
           not
           .
           And
           therefore
           it
           is
           strongly
           to
           be
           inferred
           ,
           that
           as
           all
           these
           degrees
           depend
           
           wholly
           upon
           the
           
             Kings
          
           act
           ,
           and
           no
           wayes
           upon
           
             Law
          
           or
           
             Parliament
             :
          
           So
           the
           fourth
           ,
           although
           it
           cannot
           by
           the
           
             Kings
             Patent
             ,
          
           but
           by
           operation
           of
           Law
           :
           yet
           that
           the
           law
           ,
           in
           that
           operation
           ,
           respecteth
           onely
           the
           
             Kings
          
           person
           ,
           without
           respect
           of
           subjection
           to
           
             Law
          
           or
           
             Parliament
             .
          
           And
           thus
           much
           by
           way
           of
           explanation
           ,
           and
           inducement
           :
           which
           being
           all
           matter
           in
           effect
           confessed
           ,
           i●
           the
           strongest
           ground-worke
           to
           that
           which
           is
           contradicted
           or
           controverted
           .
        
         
           There
           followeth
           the
           confutation
           of
           the
           Arguments
           on
           the
           contrary
           side
           .
        
         
           That
           which
           hath
           beene
           materially
           objected
           may
           be
           reduced
           to
           foure
           heads
           .
        
         
           The
           first
           is
           ,
           that
           the
           priviledge
           of
           
             Naturalization
             ,
          
           followeth
           
             Allegeance
             ,
          
           and
           that
           
             allegeance
          
           followeth
           the
           
             Kingdome
             .
          
        
         
           The
           second
           is
           drawne
           from
           that
           common
           ground
           ,
           
             Cum
             duo
             jura
             concarrunt
             in
             una
             persona
             ,
             aquum
             est
             ,
             ac
             si
             essent
             in
             duobus
             ;
          
           a
           rule
           ,
           the
           words
           whereof
           are
           taken
           from
           the
           Civill
           Law
           ;
           but
           the
           matter
           of
           it
           is
           received
           in
           all
           lawes
           ;
           being
           a
           very
           line
           or
           rule
           of
           reason
           to
           avoyd
           confusion
           .
        
         
           The
           third
           consisteth
           of
           certaine
           inconveniencies
           conceived
           to
           ensue
           of
           this
           generall
           naturalization
           
             ipso
             jure
             .
          
        
         
           The
           fourth
           is
           not
           properly
           an
           objection
           ,
           but
           a
           preoccupation
           of
           an
           objection
           or
           proofe
           on
           our
           part
           ,
           by
           a
           distinction
           devised
           betweene
           Countries
           devolute
           by
           descent
           ,
           and
           acquired
           by
           
             Conquest
             .
          
        
         
           For
           the
           first
           ,
           it
           is
           not
           properly
           to
           observe
           that
           those
           which
           maintaine
           this
           new
           opinion
           ,
           whereof
           there
           is
           
             altum
             Silentium
          
           in
           our
           bookes
           of
           Law
           ,
           are
           not
           well
           
           agree
           in
           what
           forme
           to
           utter
           and
           expresse
           that
           :
           for
           some
           said
           that
           allegeance
           hath
           respect
           to
           the
           Law
           ,
           some
           to
           the
           Crowne
           ,
           some
           to
           the
           Kingdome
           ,
           some
           to
           the
           body
           politique
           of
           the
           King
           ,
           so
           there
           is
           confusion
           of
           tongues
           amongst
           them
           ,
           as
           it
           commonly
           commeth
           to
           passe
           in
           opinions
           ,
           that
           have
           their
           foundations
           in
           subtilty
           ,
           and
           imagination
           of
           mans
           wit
           ,
           and
           not
           in
           the
           ground
           of
           nature
           .
           But
           to
           leave
           their
           words
           and
           to
           come
           to
           their
           proofes
           ,
           they
           endeavour
           to
           prove
           this
           conceipt
           ,
           by
           three
           manner
           of
           proofes
           .
           First
           by
           reason
           ,
           then
           by
           certaine
           inferences
           out
           of
           Statutes
           ,
           and
           lastly
           ,
           by
           certaine
           booke-cases
           mentioning
           and
           reciting
           the
           formes
           of
           pleadings
           .
        
         
           The
           reason
           they
           bring
           is
           this
           ;
           That
           Naturalization
           is
           an
           operation
           of
           the
           Law
           of
           
             England
             ,
          
           and
           so
           indeed
           it
           is
           ,
           that
           may
           bee
           the
           true
           
             genus
          
           of
           it
           .
        
         
           Then
           they
           adde
           (
           that
           granted
           )
           that
           the
           Law
           of
           
             England
          
           is
           of
           force
           onely
           within
           the
           Kingdome
           and
           Dominions
           of
           
             England
             ,
          
           and
           cannot
           operate
           ,
           but
           where
           it
           is
           in
           force
           .
           But
           the
           Law
           is
           not
           in
           force
           in
           
             Scotland
             ,
          
           therefore
           that
           cannot
           endure
           this
           benefit
           of
           Naturalization
           by
           a
           birth
           in
           
             Scotland
             .
          
        
         
           This
           reason
           is
           plausible
           and
           sensible
           ,
           but
           extreamely
           erronious
           .
           For
           the
           Law
           of
           
             England
             ,
          
           for
           matters
           of
           benefit
           ,
           or
           forfeitures
           in
           
             England
             ,
          
           operateth
           over
           the
           World
           .
           And
           because
           it
           is
           truely
           said
           ,
           that
           
             Respublica
             continetur
             
             poena
             ,
             &
             praemio
             .
          
           I
           will
           put
           a
           case
           or
           two
           of
           either
           .
        
         
           It
           is
           plaine
           that
           if
           a
           Subject
           of
           
             England
          
           had
           conspired
           the
           death
           of
           the
           King
           in
           forraine
           parts
           ,
           it
           was
           by
           the
           Common
           Law
           of
           
             England
          
           treason
           .
           How
           prove
           I
           that
           ?
           By
           the
           Statute
           of
           35.
           of
           
             H.
          
           8.
           ca.
           2.
           wherein
           you
           shall
           find
           no
           words
           at
           all
           of
           making
           any
           new
           case
           of
           treason
           which
           was
           not
           treason
           before
           ,
           but
           onely
           of
           ordaining
           a
           forme
           of
           triall
           ,
           
             Ergo
          
           it
           was
           treason
           before
           .
           And
           if
           so
           ,
           then
           the
           Law
           of
           
             England
          
           workes
           in
           forraine
           parts
           .
           So
           of
           contempts
           ,
           if
           the
           King
           send
           his
           Privy
           Seale
           to
           any
           Subject
           beyond
           the
           Seas
           ,
           commanding
           him
           to
           returne
           ,
           and
           hee
           disobey
           ;
           no
           man
           will
           doubt
           ,
           but
           there
           is
           a
           contempt
           ,
           and
           yet
           the
           fact
           enduring
           the
           contempt
           was
           committed
           in
           forraine
           parts
           .
        
         
           Therefore
           the
           Law
           of
           
             England
             ,
          
           doth
           extend
           to
           Acts
           or
           matters
           done
           in
           forraine
           parts
           .
           So
           of
           reward
           ,
           Priviledge
           or
           benefit
           wee
           need
           seeke
           no
           other
           instance
           ;
           then
           the
           instance
           in
           question
           ,
           for
           I
           will
           put
           you
           a
           case
           that
           no
           man
           shall
           deny
           ,
           where
           the
           Law
           of
           
             England
          
           doth
           worke
           and
           conferre
           the
           benefit
           of
           Naturalization
           upon
           a
           birth
           neither
           within
           the
           Dominions
           of
           the
           Kingdome
           ,
           nor
           King
           of
           
             England
             .
          
           By
           the
           Statute
           of
           25.
           
             E.
          
           3.
           which
           ,
           if
           you
           will
           beleeve
           
             Hussey
             ,
          
           is
           but
           a
           Declaration
           of
           the
           Common
           Law
           ,
           all
           children
           borne
           in
           any
           parts
           of
           the
           World
           ,
           if
           they
           be
           of
           
             English
          
           Parents
           ,
           continuing
           at
           that
           time
           ,
           as
           liege
           Subjects
           to
           the
           King
           ,
           and
           having
           done
           no
           act
           to
           forfeit
           the
           benefit
           of
           
           their
           allegeance
           are
           
             ipso
             facto
          
           naturalized
           .
           Nay
           if
           a
           man
           looke
           narrowly
           into
           the
           Law
           in
           this
           point
           ,
           he
           shall
           find
           a
           consequence
           ,
           that
           may
           seeme
           at
           the
           first
           strange
           ,
           but
           yet
           cannot
           well
           be
           avoided
           ;
           which
           is
           that
           it
           divers
           Families
           of
           English-men
           and
           women
           plant
           themselves
           at
           
             Middleborough
          
           or
           at
           
             Roane
             ,
          
           or
           at
           
             Lysoone
             ,
          
           and
           have
           issues
           ,
           and
           their
           deseendents
           doe
           intermarry
           ,
           amongst
           themselves
           without
           any
           intermixture
           of
           forraine
           blood
           ;
           such
           descendents
           are
           naturalized
           to
           all
           generations
           ,
           for
           every
           generation
           is
           still
           of
           liege
           Parents
           ,
           and
           therefore
           naturalized
           .
           So
           as
           you
           may
           have
           whole
           tribes
           ,
           and
           lineages
           of
           
             English
          
           in
           forraine
           Countries
           .
        
         
           And
           therefore
           it
           is
           utterly
           untrue
           that
           the
           Law
           of
           
             England
          
           cannot
           operate
           ,
           of
           conferre
           naturalization
           ,
           but
           onely
           within
           the
           bounds
           of
           the
           Dominions
           of
           
             England
             .
          
        
         
           To
           come
           now
           to
           their
           inferences
           upon
           Statutes
           .
           The
           firstis
           out
           of
           this
           Statute
           which
           J
           last
           recyted
           .
           In
           which
           Statute
           it
           is
           said
           ,
           that
           in
           foure
           severall
           places
           ,
           there
           are
           words
           ;
           borne
           within
           the
           allegeance
           of
           
             England
             ;
          
           or
           againe
           borne
           without
           the
           allegeance
           of
           
             England
             ,
          
           which
           (
           say
           they
           )
           applies
           the
           allegeance
           to
           the
           Kingdome
           ,
           and
           not
           to
           the
           person
           of
           the
           King
           .
           To
           this
           the
           answer
           is
           easie
           :
           for
           there
           is
           not
           trope
           of
           speech
           more
           familiar
           then
           to
           use
           the
           place
           of
           addition
           for
           the
           person
           .
           So
           we
           say
           commonly
           the
           lyne
           of
           
             Yorke
             ,
          
           or
           the
           lyne
           of
           
             Lancaster
             ,
          
           for
           the
           lynes
           of
           the
           Duke
           of
           
             Yorke
          
           or
           the
           Duke
           of
           
             Lancaster
             .
          
        
         
           So
           we
           say
           the
           possessions
           of
           
             Sommerset
          
           or
           
             Warmick
          
           intending
           the
           possessions
           of
           the
           Dukes
           of
           
             Sommerset
             ,
          
           or
           Earles
           of
           
             Warmick
             .
          
           So
           we
           seeEarles
           signe
           ,
           
             Salisbury
             ,
             Northampton
             ,
          
           for
           the
           Earles
           of
           
             Salisbury
          
           or
           
           
             Northampton
             .
          
           And
           in
           the
           very
           same
           manner
           ,
           the
           Statute
           speakes
           ,
           allegeance
           of
           
             England
             ,
          
           for
           allegeance
           of
           the
           King
           of
           
             England
             .
          
           Nay
           more
           if
           there
           had
           been
           no
           variety
           in
           the
           penning
           of
           that
           Statute
           ,
           this
           collect
           -
           on
           had
           had
           a
           little
           more
           force
           ,
           for
           those
           words
           might
           have
           beene
           thought
           ,
           to
           have
           been
           used
           of
           purpose
           ,
           and
           in
           propriety
           ;
           but
           you
           may
           find
           in
           three
           other
           severall
           places
           of
           the
           same
           Statute
           ,
           
             Allegeange
          
           and
           
             obeysance
          
           of
           the
           King
           of
           
             England
             ,
          
           and
           specially
           in
           the
           materiall
           and
           concluding
           place
           ,
           that
           is
           to
           say
           ,
           children
           whose
           Parents
           were
           at
           the
           time
           of
           their
           birth
           ,
           at
           the
           faith
           and
           
             obeysance
          
           of
           the
           King
           of
           
             England
             ,
          
           so
           that
           is
           manifest
           by
           this
           indifferent
           and
           indifferent
           use
           of
           both
           Phrases
           ,
           the
           one
           proper
           ,
           the
           other
           unproper
           ,
           that
           no
           man
           can
           ground
           any
           inferēce
           upon
           these
           words
           without
           danger
           of
           cavillation
           .
        
         
           The
           second
           Statute
           out
           of
           which
           they
           inferre
           ,
           is
           a
           Statute
           made
           in
           32.
           of
           
             H.
          
           8.
           
             ca.
          
           touching
           the
           policy
           of
           strangers
           trades
           men
           within
           this
           Realme
           .
           For
           the
           
             Parliament
          
           finding
           ,
           that
           they
           did
           eate
           the
           Englishmen
           out
           of
           trade
           ,
           and
           that
           they
           entertained
           no
           Apprentizes
           ,
           but
           of
           their
           o
           vne
           Nation
           ,
           did
           prohibite
           that
           they
           should
           receive
           any
           .
           Apprentize
           ,
           but
           the
           Kings
           Subjects
           .
           In
           which
           Statute
           is
           said
           ,
           that
           in
           9.
           severall
           places
           ,
           there
           is
           to
           be
           found
           this
           context
           of
           words
           ,
           
             Aliens
             〈◊〉
             〈◊〉
             of
             the
             Kings
             obedience
             ;
          
           which
           is
           pregnant
           (
           say
           they
           )
           and
           doth
           imply
           that
           there
           bee
           
             Aliens
          
           borne
           within
           the
           Kings
           obedience
           .
           Touching
           this
           inference
           I
           have
           heard
           it
           said
           
             Q●i
             haeret
             in
             litera
             ,
             baeret
             in
             cortice
             ,
          
           but
           this
           is
           not
           worthy
           the
           name
           ,
           of
           
             Cortex
             ,
          
           it
           is
           but
           
             muscus
             〈◊〉
             ,
          
           the
           mosse
           of
           the
           barke
           .
           For
           it
           is
           evident
           that
           the
           Statute
           meant
           to
           
           speake
           clearely
           and
           without
           equivocation
           ,
           and
           to
           a
           common
           understanding
           .
           Now
           then
           there
           are
           
             aliens
          
           in
           common
           reputation
           &
           
             aliens
          
           in
           precise
           construction
           ofLaw
           ,
           The
           Statute
           then
           meaning
           not
           to
           comprehend
           
             Irish-men
          
           ,
           or
           
             Ge●sie-men
          
           ,
           or
           
             Calize-men
          
           ,
           for
           explanation
           sake
           ,
           left
           the
           word
           
             alien
          
           might
           be
           extended
           to
           them
           in
           a
           vulgar
           acceptance
           ,
           added
           those
           further
           words
           ,
           borne
           out
           of
           the
           Kings
           obedience
           ?
           Nay
           ,
           what
           if
           we
           should
           say
           ,
           that
           those
           words
           according
           to
           the
           received
           Lawes
           of
           Speech
           ,
           are
           no
           words
           of
           difference
           or
           limitation
           ,
           but
           of
           declaration
           or
           description
           of
           an
           
             alien
             ,
          
           as
           if
           it
           had
           beene
           said
           with
           a
           
             videlicet
             ,
             aliens
             ;
          
           that
           is
           such
           as
           are
           borne
           out
           of
           the
           Kings
           obedience
           :
           they
           cannot
           put
           us
           from
           that
           construction
           .
           But
           sure
           I
           am
           ,
           if
           the
           barke
           make
           for
           them
           ,
           the
           pyth
           makes
           for
           us
           ,
           for
           the
           Priviledge
           or
           liberty
           which
           the
           Statute
           meanes
           to
           deny
           to
           
             Aliens
          
           of
           entertaining
           Apprentizes
           is
           denyed
           to
           none
           ,
           borne
           within
           the
           Kings
           obedience
           ,
           call
           them
           
             Aliens
          
           or
           what
           you
           will
           .
           And
           therefore
           by
           their
           reason
           a
           
             post-Natus
          
           of
           
             Scotland
          
           shall
           by
           that
           Statute
           keepe
           what
           stranger
           Apprentizes
           he
           will
           ,
           and
           so
           is
           put
           in
           the
           degree
           of
           an
           
             English
             .
          
           The
           third
           Statute
           out
           of
           which
           inference
           is
           made
           ,
           is
           the
           Statute
           of
           14.
           
             E.
             3.
             ca.
             solo
             ,
          
           which
           hath
           been
           said
           to
           be
           our
           very
           case
           ,
           and
           I
           am
           of
           that
           opinion
           too
           ,
           but
           directly
           the
           other
           way
           ,
           therefore
           to
           open
           the
           scope
           and
           purpose
           of
           that
           Statute
           .
           After
           that
           the
           title
           to
           the
           Crowne
           of
           
             France
             ,
          
           was
           devolute
           to
           K.
           
             E.
             3.
          
           &
           that
           he
           had
           changed
           his
           Stile
           ,
           changed
           his
           Armes
           ,
           changed
           his
           Seale
           ,
           (
           as
           his
           Majestie
           hath
           done
           )
           the
           Subject
           of
           
             England
          
           (
           saith
           the
           Statute
           )
           conceived
           a
           feare
           that
           the
           Realme
           of
           
             England
          
           might
           become
           subject
           to
           the
           Realme
           of
           
             France
             ,
          
           or
           to
           the
           K.
           as
           K.
           of
           
             France
             .
          
           And
           I
           will
           give
           you
           the
           reasons
           
           of
           the
           double
           feare
           ,
           that
           it
           should
           become
           subject
           to
           the
           Realme
           of
           
             France
          
           they
           had
           this
           reason
           of
           feare
           :
           
             Normandy
          
           had
           conquered
           
             England
             ;
             Normandy
          
           was
           feudall
           of
           
             France
             ,
          
           therefore
           because
           the
           superiour
           Seignery
           of
           
             France
          
           was
           now
           united
           in
           right
           with
           the
           Tenancy
           of
           
             Normandy
             ,
          
           and
           that
           
             England
             ,
          
           in
           regard
           of
           the
           conquest
           might
           be
           taken
           as
           a
           perquisite
           to
           
             Normandy
             ,
          
           they
           had
           propable
           reason
           to
           feare
           ,
           
             that
             the
             Kingdome
             of
             England
             might
             be
             drawne
             to
             be
             subject
             to
             the
             Realme
             of
             France
             .
          
           The
           other
           feare
           that
           
             England
          
           might
           become
           subject
           to
           the
           K.
           as
           K.
           of
           
             France
          
           grew
           no
           doubt
           of
           this
           fore-sight
           ,
           that
           
             the
             Kings
             of
             England
             might
             be
             like
             to
             make
             their
             mansion
             and
             seate
             of
             their
             estate
             in
             France
             ,
             in
             regard
             of
             the
             Climate
             ,
             wealth
             ,
             and
             glory
             of
             that
             Kingdome
             ;
             and
             thereby
             the
             Kingdome
             of
             England
             might
             be
             governed
             by
             the
             Kings
             mandates
             and
             precepts
             issuing
             ,
             as
             from
             the
             King
             of
             France
             .
          
           But
           they
           will
           say
           what
           soever
           the
           occasion
           was
           ,
           here
           you
           have
           the
           difference
           authorised
           of
           subjection
           to
           a
           K.
           generally
           ,
           and
           subjection
           to
           a
           King
           ,
           as
           K.
           of
           a
           certaine
           Kingdome
           ,
           but
           to
           this
           I
           give
           an
           answer
           three-fold
           .
        
         
           First
           ,
           it
           preffeth
           not
           the
           question
           ;
           for
           doth
           any
           man
           say
           that
           a
           
             Post-natus
          
           of
           
             Scotland
          
           is
           naturalized
           in
           
             England
             ,
          
           because
           he
           is
           a
           subject
           of
           the
           King
           ,
           as
           K.
           of
           
             England
             ?
          
           No
           ,
           but
           generally
           ,
           because
           he
           is
           the
           K.
           Subject
           .
        
         
           Secondly
           ,
           the
           scope
           of
           this
           Law
           is
           to
           make
           a
           distinction
           between
           Crown
           ,
           and
           Crown
           ;
           But
           the
           scope
           of
           their
           argument
           is
           to
           make
           a
           difference
           betweene
           Crowne
           and
           person
           .
           Lastly
           ,
           this
           Statute
           (
           as
           I
           said
           )
           is
           our
           very
           case
           retorted
           against
           them
           ,
           for
           this
           is
           a
           direct
           Statute
           of
           separation
           ,
           which
           presupposeth
           that
           the
           Common
           Law
           had
           made
           an
           union
           of
           the
           Crownes
           in
           some
           degree
           ,
           by
           vertue
           of
           the
           
           vnion
           in
           the
           Kings
           person
           ●
           if
           this
           statute
           had
           〈◊〉
           beene
           made
           to
           stop
           &
           crosse
           the
           course
           of
           the
           common
           Law
           in
           that
           point
           ,
           as
           if
           
             Scotland
          
           now
           should
           be
           suitors
           to
           the
           King
           ,
           that
           an
           Act
           might
           passe
           to
           like
           effect
           ,
           and
           upon
           like
           feare
           .
           And
           therefore
           if
           you
           will
           make
           good
           your
           distinction
           ,
           in
           this
           present
           case
           ;
           shew
           us
           a
           Statute
           for
           that
           .
           But
           I
           hope
           you
           can
           shew
           no
           Statute
           of
           separation
           betweene
           
             England
          
           and
           
             Scotland
             .
          
           And
           if
           any
           man
           say
           ,
           that
           this
           was
           a
           Statute
           declaratory
           of
           the
           Cōmon
           Law
           ,
           he
           doth
           not
           marke
           how
           that
           is
           penned
           :
           for
           after
           a
           kind
           of
           Historicall
           declaration
           in
           the
           Preamble
           ,
           that
           
             England
          
           was
           never
           subject
           to
           
             France
             ,
          
           the
           body
           of
           the
           Act
           is
           penned
           thus
           :
           
             The
             King
             doth
             grant
             and
             establish
             ,
          
           which
           are
           words
           meerly
           introductive
           
             novae
             legis
          
           as
           if
           the
           King
           gave
           a
           Charter
           of
           
             Franchise
             ,
          
           and
           did
           invest
           by
           a
           
             Donative
             ,
          
           the
           Subjects
           of
           
             England
          
           with
           a
           new
           Priviledge
           or
           exemption
           ,
           which
           by
           the
           Cōmon
           Law
           they
           had
           not
           .
        
         
           To
           come
           now
           to
           the
           booke-cases
           which
           they
           put
           :
           which
           I
           will
           couple
           together
           because
           they
           receive
           one
           joynt
           answere
           .
        
         
           The
           first
           is
           42.
           of
           
             E.
          
           3.
           
             fo.
          
           where
           the
           booke
           saith
           :
           exception
           was
           taken
           that
           the
           plaintife
           was
           borne
           in
           
             Scotland
          
           at
           
             Rosse
             ,
          
           out
           of
           the
           allegeance
           of
           
             England
             .
          
        
         
           The
           next
           is
           22.
           
             H.
          
           6.
           
             fo.
          
           38.
           
           
             Adrians
          
           Case
           ,
           where
           it
           is
           pleaded
           that
           a
           woman
           was
           borne
           at
           
             Burgis
             ,
          
           out
           of
           the
           allegeance
           of
           
             England
             .
          
        
         
           The
           third
           is
           13.
           
             Eliz.
             Dyer
             fo.
          
           300
           where
           the
           case
           begins
           thus
           :
           
             Doctor
             Story
             qui
             notorie
             dignoscituresse
             subditus
             regni
             Angliae
             .
          
           In
           all
           these
           three
           (
           say
           they
           )
           that
           is
           pleaded
           that
           the
           party
           is
           subject
           of
           the
           Kingdome
           of
           
             England
             ,
          
           and
           not
           of
           the
           King
           of
           
             England
             .
          
        
         
         
           To
           these
           bookes
           I
           give
           this
           answer
           ,
           that
           they
           be
           not
           the
           Pleas
           at
           large
           ,
           but
           the
           words
           of
           the
           Reporter
           ,
           who
           speakes
           compendiously
           and
           narrative
           ,
           and
           not
           according
           to
           the
           solemne
           words
           of
           the
           pleading
           .
           If
           you
           find
           a
           case
           put
           ,
           that
           it
           is
           pleaded
           ,
           a
           man
           was
           seized
           in
           Fee
           .
           simple
           ,
           you
           will
           not
           inferre
           upon
           that
           ,
           that
           the
           words
           of
           the
           pleading
           were
           
             in
             fe●do
             simplici
             ;
          
           but
           
             sibi
             &
             haeredibus
             suis
             .
          
           But
           shew
           mee
           some
           president
           of
           a
           pleading
           at
           large
           of
           
             Natus
             sub
             legeantia
             Regni
             Angliae
             ;
          
           for
           whereas
           Mr.
           
             VValter
          
           said
           that
           pleadings
           are
           variable
           in
           this
           point
           ,
           he
           would
           faine
           bring
           it
           to
           that
           ;
           but
           there
           is
           no
           such
           matter
           :
           For
           the
           pleadings
           are
           constant
           ,
           and
           uniforme
           in
           this
           point
           ;
           they
           may
           vary
           in
           the
           word
           
             fides
             ,
          
           or
           
             legeantia
             ,
          
           or
           
             obedientia
             ,
          
           and
           some
           other
           circumstances
           ,
           but
           in
           the
           forme
           of
           
             Regni
          
           and
           
             Regis
             ,
          
           they
           vary
           not
           :
           neither
           can
           there
           ,
           as
           J
           am
           perswaded
           be
           any
           one
           instance
           shewed
           forth
           to
           the
           contrary
           .
           See
           9.
           
             Eliz.
             4.
             
             Baggots
             Assize
             ,
             f.
             7.
          
           where
           the
           pleading
           at
           large
           is
           entred
           in
           the
           booke
           ;
           There
           you
           have
           ,
           
             alienigena
             natus
             extra
             legeantiam
             domini
             Regis
             Angliae
             .
          
           See
           the
           presidents
           in
           the
           Booke
           of
           Entries
           ,
           
             Pl.
          
           7.
           and
           two
           other
           places
           ;
           for
           there
           be
           no
           more
           ,
           and
           there
           you
           shall
           find
           still
           
             sub
             legeantia
             domini
             Regis
             ,
          
           or
           
             extra
             legeantiā
             Domini
             Regis
             .
          
           And
           therefore
           the
           formes
           of
           pleading
           ,
           which
           are
           things
           so
           reverend
           ,
           and
           are
           indeed
           towards
           the
           Reasons
           of
           the
           Law
           ,
           as
           
             Palma
             ,
          
           and
           
             Pugnus
             ,
          
           conteyning
           the
           Reason
           of
           the
           Law
           ,
           opened
           or
           unfolded
           ,
           or
           displayed
           ,
           they
           makeall
           for
           us
           .
           And
           for
           the
           very
           words
           of
           Reporters
           in
           bookes
           ,
           you
           must
           acknowledge
           and
           say
           ,
           
             Ilicet
             obruimur
             numera
             .
          
           for
           you
           have
           22
           
             Ass.
             
             Pl.
             25.
             27.
             
             〈◊〉
             .
          
           the
           
             Pryor
             of
             Ske●●es
             case
             Pl.
             48.
             14.
             H.
             4.
             f.
             19.
             3.
             H.
             6.
             f.
             35.
             6.
             H.
             8.
          
           in
           my
           Lord
           
             Dyer
             ,
             fol.
             2.
             
          
           In
           all
           these
           bookes
           ,
           the
           very
           words
           of
           the
           Reporters
           have
           the
           
             allegeance
          
           of
           the
           King
           ,
           and
           not
           the
           
             allegeance
          
           of
           
             England
             .
          
           And
           the
           booke
           in
           the
           24.
           of
           
             Eltz.
             3.
          
           which
           is
           your
           best
           booke
           ,
           although
           while
           it
           is
           tossed
           at
           the
           Bar
           ,
           you
           have
           sometimes
           the
           word
           
             allegeance
          
           of
           
             England
             ,
          
           yet
           when
           it
           comes
           to
           
             Thorpe
          
           chiefe
           Iustice
           to
           give
           the
           rule
           ,
           he
           faith
           ;
           we
           will
           be
           certified
           by
           the
           Role
           ,
           whether
           
             Scotland
          
           be
           within
           the
           
             allegeance
          
           of
           the
           King
           .
           Nay
           that
           further
           forme
           of
           pleading
           beateth
           downe
           your
           opinion
           .
           That
           it
           sufficeth
           not
           to
           say
           ,
           that
           he
           is
           borne
           out
           of
           the
           
             allegeance
          
           of
           the
           King
           ,
           and
           stay
           there
           ,
           but
           he
           must
           shew
           in
           the
           affirmative
           under
           the
           
             allegeance
          
           of
           what
           King
           ,
           or
           state
           he
           was
           borne
           .
           The
           Reason
           whereof
           cannot
           be
           because
           it
           may
           appeare
           ,
           whether
           he
           be
           a
           friend
           or
           an
           enemy
           ,
           for
           that
           in
           a
           reall
           action
           is
           all
           one
           :
           not
           it
           cannot
           be
           because
           issue
           shal
           be
           taken
           thereupon
           ;
           for
           the
           issue
           must
           arise
           on
           the
           other
           side
           upon
           
             indigena
          
           pleaded
           and
           traversed
           .
           And
           therefore
           it
           can
           have
           no
           other
           reason
           ,
           but
           to
           apprise
           the
           court
           more
           certainly
           ,
           that
           the
           countrey
           of
           the
           birth
           is
           none
           of
           those
           ,
           that
           are
           subject
           to
           the
           King
           .
           As
           for
           the
           tryall
           ,
           that
           it
           should
           be
           impossible
           to
           de
           tryed
           ;
           I
           hold
           it
           not
           worth
           the
           answering
           ;
           for
           the
           
             ovenire
             facias
             ,
          
           shall
           goe
           either
           where
           the
           naturall
           birth
           is
           laid
           ,
           although
           it
           be
           but
           by
           fiction
           ,
           or
           if
           it
           be
           laid
           according
           to
           the
           truth
           ,
           it
           shal
           be
           tryed
           where
           the
           action
           is
           brought
           ,
           otherwise
           you
           fall
           upon
           a
           maine
           :
           Rock
           ,
           that
           breaketh
           your
           
             Argument
          
           in
           pieces
           ,
           for
           how
           should
           the
           birth
           of
           an
           
             Irish-man
          
           be
           tryed
           ,
           or
           of
           2
           
           
             Gersie
          
           man
           ?
           Nay
           how
           should
           the
           birth
           of
           a
           subject
           be
           tryed
           that
           is
           borne
           of
           
             English
             Parents
          
           in
           
             Spain
          
           or
           
             Florence
             ,
          
           or
           any
           part
           of
           the
           world
           ?
           for
           to
           all
           these
           the
           like
           objection
           of
           tryall
           may
           be
           made
           ,
           because
           they
           are
           within
           no
           Counties
           ,
           and
           this
           receives
           no
           answer
           .
           And
           therefore
           I
           will
           now
           passe
           on
           to
           the
           second
           maine
           
             Argument
             .
          
        
         
           It
           is
           a
           rule
           of
           the
           Civill
           Law
           ,
           say
           they
           ,
           
             cum
             duo
             jura
             ,
             &c.
          
           when
           two
           rights
           doe
           meete
           in
           one
           person
           there
           is
           no
           confusion
           of
           them
           ,
           but
           they
           remain
           still
           in
           eye
           of
           law
           distinct
           ,
           as
           if
           they
           were
           in
           severall
           persons
           ,
           and
           they
           bring
           examples
           of
           one
           man
           Bishop
           of
           two
           Seas
           ,
           or
           one
           person
           that
           is
           Rector
           of
           two
           Churches
           .
           They
           say
           this
           unity
           in
           the
           Bishop
           ,
           or
           the
           Rector
           doth
           not
           create
           any
           privity
           between
           the
           Parishioners
           or
           Dioceseners
           ,
           more
           then
           if
           there
           were
           severall
           Bishops
           ,
           or
           severall
           Parsons
           .
           This
           rule
           I
           allow
           (
           as
           was
           said
           )
           to
           be
           a
           Rule
           not
           of
           the
           Civill
           Law
           onely
           ,
           but
           of
           common
           reason
           ,
           but
           receiveth
           no
           forced
           or
           coyned
           ,
           but
           a
           true
           and
           sound
           distinction
           ,
           or
           limitation
           ,
           which
           is
           ,
           that
           it
           evermore
           faileth
           and
           deceiveth
           in
           cases
           ,
           where
           there
           is
           any
           vigor
           ,
           or
           
             operation
          
           of
           the
           naturall
           person
           ;
           for
           generally
           in
           
             coporations
          
           the
           naturall
           body
           is
           but
           
             suffulcimentum
             corporis
             corporati
             ,
          
           it
           is
           but
           as
           a
           stock
           to
           uphold
           and
           beare
           out
           the
           corporate
           body
           ,
           but
           otherwise
           it
           is
           in
           the
           case
           of
           the
           Crown
           ,
           as
           shall
           be
           manifestly
           proved
           in
           due
           place
           .
           But
           to
           shew
           that
           this
           rule
           receiveth
           this
           distinction
           ,
           I
           will
           put
           but
           two
           cases
           .
           The
           statute
           of
           the
           21.
           
           
             Hen.
          
           8.
           ordaineth
           that
           a
           Marquesse
           may
           retaine
           sixe
           
             Chaplaines
          
           qualified
           ,
           a
           Lord
           
             Treasurer
          
           of
           
             England
          
           foure
           ,
           a
           Privie
           Counsellour
           three
           .
           
           The
           Lord
           
             Treasurer
             Paulet
          
           was
           Marqueffe
           of
           
             Winchester
             ,
          
           Lord
           Treasurer
           of
           
             England
          
           and
           privie
           counsellor
           all
           at
           once
           .
           Question
           was
           whether
           hee
           should
           qualifie
           13.
           
           Chaplaines
           .
           Now
           by
           the
           Rule
           
             cum
             duo
             Iura
             ,
          
           he
           should
           ;
           but
           adjudged
           ,
           he
           should
           not
           .
           And
           the
           Reason
           was
           because
           the
           attendance
           of
           Chaplaines
           concerned
           and
           respected
           his
           naturall
           person
           ,
           he
           had
           but
           one
           soule
           ,
           though
           he
           had
           three
           Offices
           .
           The
           other
           case
           which
           I
           will
           put
           ,
           is
           the
           case
           of
           Homage
           ,
           a
           man
           doth
           homage
           to
           his
           Lord
           for
           a
           Tenancie
           held
           of
           the
           mannor
           of
           Dale
           ,
           there
           descendeth
           unto
           him
           afterwards
           a
           Tenancie
           held
           of
           the
           mannor
           of
           Sale
           ,
           which
           mannor
           of
           Sale
           is
           likewise
           in
           the
           hands
           of
           the
           same
           Lord
           .
           Now
           by
           the
           Rule
           
             cum
             duo
             jura
             ,
          
           he
           should
           doe
           homage
           againe
           ,
           two
           Tenancies
           and
           two
           Seignories
           ,
           though
           but
           one
           Tenant
           ,
           and
           one
           Lord
           ,
           
             aequum
             est
             ac
             si
             esset
             in
             duobus
             .
          
           But
           ruled
           that
           he
           should
           not
           doe
           homageagaine
           :
           nay
           in
           the
           Case
           of
           the
           King
           ,
           hee
           shall
           not
           pay
           a
           second
           respect
           of
           Homage
           ,
           as
           upon
           grave
           and
           deliberate
           consideration
           it
           was
           resolved
           ,
           24.
           
             H.
          
           8.
           and
           
             Vsus
             Scaccarii
             ;
          
           as
           is
           there
           said
           accordingly
           .
           And
           the
           Reason
           is
           no
           other
           but
           because
           when
           a
           man
           is
           sworne
           to
           his
           Lord
           ,
           hee
           cannot
           be
           sworne
           over
           againe
           ,
           he
           hath
           but
           one
           Conscience
           ,
           and
           the
           Obligation
           of
           this
           Oatli
           ,
           trencheth
           betweene
           the
           naturall
           person
           of
           the
           Tenant
           ,
           and
           the
           naturall
           person
           of
           the
           Lord
           .
           And
           certainly
           the
           Case
           of
           Homage
           and
           Tenure
           ,
           and
           of
           Homage
           Liege
           ,
           which
           is
           one
           case
           ,
           are
           things
           of
           a
           neere
           Nature
           ,
           save
           that
           the
           one
           is
           much
           inferiour
           to
           the
           other
           ,
           but
           it
           is
           good
           to
           behold
           these
           great
           matters
           of
           State
           in
           cases
           of
           lower
           Element
           ,
           as
           the
           Eclipse
           of
           the
           Sun
           is
           
           used
           to
           be
           in
           a
           paile
           of
           Water
           .
        
         
           The
           third
           maine
           Argument
           conteyneth
           certain
           supposed
           inconveniences
           ,
           which
           may
           ensue
           of
           a
           generall
           Naturalization
           
             ipso
             jure
             ,
          
           of
           which
           kind
           three
           have
           bin
           specially
           remembred
           .
        
         
           The
           first
           is
           the
           losse
           of
           profit
           ,
           to
           the
           King
           upon
           Letters
           of
           Denization
           ,
           and
           purchases
           of
           
             Aliens
             .
          
        
         
           The
           second
           is
           the
           concourse
           of
           
             Scottishmen
          
           into
           this
           Kingdome
           ,
           to
           the
           infeebling
           of
           that
           Realme
           of
           
             Scotland
          
           in
           people
           ,
           and
           the
           impoverishing
           of
           this
           Realme
           of
           
             England
          
           in
           wealth
           .
        
         
           The
           third
           is
           ,
           that
           the
           reason
           of
           this
           case
           stayeth
           not
           within
           the
           compasse
           of
           the
           present
           case
           ;
           for
           although
           it
           were
           some
           reason
           that
           
             Scottishmen
          
           were
           naturalized
           being
           people
           of
           the
           same
           
             Iland
          
           and
           
             language
             ,
          
           yet
           the
           reason
           which
           we
           urge
           ,
           which
           is
           ,
           That
           they
           are
           subject
           to
           the
           same
           King
           ,
           may
           be
           applyed
           to
           persons
           every
           way
           more
           estranged
           from
           us
           then
           they
           are
           ,
           as
           if
           in
           future
           time
           in
           the
           Kings
           descendents
           ,
           there
           should
           be
           a
           match
           with
           
             Spaine
             ,
          
           and
           the
           Dominions
           of
           
             Spaine
          
           should
           bee
           united
           with
           the
           Crowne
           of
           
             England
          
           by
           one
           reason
           (
           say
           they
           )
           all
           the
           
             VVest-Indies
          
           should
           be
           naturalized
           ;
           which
           are
           people
           not
           onely
           ,
           
             alterius
             Soli
          
           but
           
             alterius
             Caeli
             .
          
           To
           these
           conceits
           of
           inconvenience
           ,
           how
           easie
           it
           is
           to
           give
           answer
           ,
           and
           how
           weake
           they
           are
           in
           themselves
           ,
           I
           thinke
           no
           man
           that
           doth
           attentively
           ponder
           them
           can
           doubt
           ;
           For
           how
           small
           revenue
           can
           arise
           of
           such
           
             Denizations
             ,
          
           and
           how
           honourable
           it
           were
           for
           the
           King
           to
           take
           escheats
           of
           his
           Subjects
           ,
           as
           if
           they
           were
           
             forreyners
          
           (
           for
           seisure
           of
           
             aliens
          
           Lands
           are
           in
           regard
           the
           King
           hath
           no
           hold
           or
           command
           of
           their
           
           persons
           ,
           and
           services
           )
           every
           one
           may
           perceive
           .
           And
           for
           the
           confluence
           of
           
             Scottishmen
             ,
          
           I
           thinke
           wee
           all
           conceive
           the
           
             Spring-tide
          
           is
           past
           at
           the
           Kings
           first
           comming
           in
           .
           And
           yet
           wee
           see
           very
           few
           families
           of
           them
           ,
           throughout
           the
           Cities
           &
           Boroughes
           of
           
             England
             .
          
           And
           for
           the
           naturalizing
           of
           the
           
             Indies
             ,
          
           we
           can
           readily
           helpe
           that
           ,
           when
           the
           case
           comes
           ;
           for
           we
           can
           make
           an
           act
           of
           
             Parliament
          
           of
           separation
           if
           we
           like
           not
           their
           consort
           .
           But
           these
           being
           Reasons
           politique
           ,
           and
           not
           legall
           (
           and
           we
           are
           not
           now
           in
           
             Parliament
             ,
          
           but
           before
           a
           Judgment
           Seate
           )
           I
           will
           not
           meddle
           with
           them
           ,
           specially
           since
           I
           have
           one
           answer
           which
           avoids
           and
           confounds
           all
           their
           objections
           in
           
             Law
             ,
          
           which
           is
           that
           the
           very
           self-same
           
             objections
          
           doe
           hold
           in
           Countreyes
           purchased
           by
           Conquest
           .
           For
           in
           Subjects
           obtained
           by
           Conquest
           ,
           it
           were
           more
           profit
           to
           indenizate
           by
           the
           Poll
           ,
           in
           Subjects
           obteyned
           by
           Conquest
           ,
           they
           may
           come
           in
           too
           fast
           .
           And
           if
           King
           
             Hen.
          
           7.
           had
           accepted
           the
           offer
           of
           
             Christopher
             Columbus
             ,
          
           whereby
           the
           Crowne
           of
           
             England
          
           had
           obteyned
           the
           
             Indies
          
           by
           
             conquest
          
           or
           
             occupation
             ,
          
           all
           the
           
             Indies
          
           had
           bin
           naturalized
           by
           the
           confession
           of
           the
           adverse
           part
           .
           And
           therfore
           since
           it
           is
           confessed
           ,
           that
           Subjects
           obteyned
           by
           Conquest
           are
           naturalized
           ,
           &
           that
           all
           these
           objections
           are
           common
           and
           indifferent
           ,
           as
           well
           to
           case
           of
           Conquest
           ,
           as
           case
           of
           descent
           ,
           these
           objections
           are
           in
           themselves
           destroyed
           .
        
         
           And
           therefore
           to
           proceed
           now
           to
           overthrow
           that
           distinction
           of
           descent
           and
           Conquest
           .
           
             Plato
          
           saith
           well
           ,
           the
           strongest
           of
           all
           authorities
           is
           ,
           if
           a
           man
           can
           alledge
           the
           authority
           of
           his
           adversaries
           against
           him selfe
           ,
           we
           doe
           urge
           the
           Confession
           of
           the
           other
           side
           ,
           
           that
           they
           confessed
           the
           
             Irish
          
           are
           
             naturalized
             ,
          
           that
           they
           confesse
           the
           Subjects
           of
           the
           
             Iles
             of
             Gersie
          
           and
           
             Garnsey
             ,
          
           and
           
             Barwick
          
           to
           be
           
             naturalized
             ,
          
           and
           the
           subjects
           of
           
             Calice
          
           and
           
             Tourney
          
           when
           they
           were
           English
           were
           naturalized
           ,
           as
           you
           may
           find
           in
           the
           5.
           
             E.
          
           in
           
             Dyer
             ,
          
           upon
           the
           question
           put
           to
           the
           Judges
           by
           Sir
           
             Nicholas
             Bacon
             Lord
             Keeper
             .
          
        
         
           To
           avoid
           this
           ,
           they
           flye
           to
           a
           difference
           ,
           which
           is
           new
           coyned
           ,
           and
           is
           (
           I
           speake
           not
           to
           the
           disadvantage
           of
           the
           persons
           that
           use
           it
           ;
           for
           they
           are
           driven
           to
           it
           
             tanquam
             ad
             ultimum
             refugium
             ,
          
           but
           the
           difference
           it selfe
           )
           it
           is
           I
           say
           full
           of
           
             ignorance
             and
             error
             .
          
           And
           therefore
           to
           take
           a
           view
           of
           the
           supports
           of
           this
           difference
           ,
           they
           alledge
           foure
           Reasons
           .
        
         
           The
           first
           is
           ,
           that
           Countreyes
           of
           Conquest
           ,
           are
           made
           parcell
           of
           
             England
             ;
          
           because
           they
           are
           acquired
           by
           the
           Armes
           and
           Treasure
           of
           
             England
             .
          
           To
           this
           I
           answer
           ,
           That
           it
           were
           a
           very
           strange
           
             Argument
             ,
          
           that
           if
           I
           waxe
           rich
           upon
           the
           
             Mannor
             of
             Dale
             ,
          
           and
           upon
           the
           Revenue
           thereof
           purchase
           a
           close
           by
           it
           ,
           that
           it
           should
           make
           that
           parcell
           of
           the
           
             Mannor
             of
             Dale
             .
          
           But
           I
           will
           set
           this
           new
           Learning
           on
           ground
           with
           a
           question
           or
           case
           put
           .
           For
           J
           oppose
           them
           that
           hold
           this
           opinion
           with
           this
           Question
           ,
           if
           the
           King
           should
           conquer
           any
           Forreigne
           Countrey
           by
           an
           Army
           compounded
           of
           
             English-men
          
           and
           
             Scottish-men
             ,
          
           as
           it
           is
           like
           whensoever
           Warres
           are
           ,
           so
           it
           will
           be
           .
           I
           demand
           whether
           this
           Countrey
           conquered
           shall
           qe
           
             naturalized
          
           both
           in
           
             England
             and
             Scotland
             ,
          
           because
           it
           was
           purchased
           by
           the
           joynt
           Armes
           of
           both
           ?
           And
           if
           yea
           ,
           whether
           any
           man
           will
           thinke
           it
           reasonable
           ,
           that
           such
           Subjects
           bee
           
             naturalized
          
           
           in
           both
           Kingdomes
           ,
           the
           one
           Kingdome
           not
           being
           naturalized
           towards
           the
           other
           ?
           
             These
             are
             the
             intricate
             consequences
             of
             Conceits
             .
          
        
         
           A
           second
           reason
           they
           alledge
           ,
           is
           ,
           that
           Countreyes
           won
           by
           Conquest
           become
           subject
           to
           the
           Lawes
           of
           
             England
             ,
          
           which
           
             Countries
             Patrimoniall
             are
             not
             ,
          
           and
           that
           the
           Law
           doth
           draw
           the
           
             Allegeance
             ,
          
           and
           
             Allegeance
             Naturalization
             .
          
        
         
           But
           to
           the
           
             Major
             proposition
          
           of
           that
           
             Argument
             ,
          
           touching
           the
           dependancy
           of
           
             aliegeance
          
           upon
           Law
           ,
           somewhat
           hath
           bin
           already
           spoken
           ,
           and
           full
           answer
           shal
           be
           given
           when
           we
           come
           to
           it
           .
           But
           in
           this
           place
           it
           shall
           suffice
           to
           say
           ,
           that
           the
           
             Minor
             proposition
          
           is
           false
           ,
           that
           is
           ,
           that
           the
           Lawes
           of
           
             England
          
           are
           not
           superinduced
           upon
           any
           Countrey
           by
           Conquest
           ;
           but
           that
           the
           old
           Lawes
           remaine
           untill
           the
           King
           by
           his
           
             Proclamation
          
           or
           
             Letters
             pattents
          
           declare
           other
           Lawes
           ,
           and
           then
           if
           he
           will
           ,
           hee
           may
           declare
           Lawes
           which
           be
           utterly
           repugnant
           ,
           and
           differing
           from
           the
           Lawes
           of
           
             England
             .
          
           And
           hereof
           many
           antient
           Presidents
           and
           Records
           may
           be
           shewed
           ;
           that
           the
           Reason
           why
           
             Ireland
          
           is
           subject
           to
           the
           Lawes
           of
           
             England
          
           is
           not
           
             ipso
             jure
          
           upon
           conquest
           ;
           but
           grew
           by
           
             aCharter
          
           of
           K.
           John
           ,
           and
           that
           extended
           but
           to
           so
           much
           as
           was
           then
           in
           the
           Kings
           possession
           ,
           For
           there
           areRecords
           in
           the
           time
           of
           King
           .
           S.
           1
           and
           2
           of
           divers
           particular
           Grants
           to
           sundry
           Subjects
           of
           
             Ireland
             ,
          
           and
           their
           Heires
           ,
           that
           they
           might
           use
           and
           observe
           the
           Lawes
           of
           
             England
             .
          
        
         
           The
           third
           Reason
           is
           ,
           that
           there
           is
           a
           politique
           necessity
           of
           intermixture
           of
           people
           in
           case
           of
           subjection
           ,
           by
           Conquest
           to
           remove
           alienations
           of
           mind
           ,
           &
           
           to
           securo
           the
           Stato
           ,
           which
           holdeth
           not
           in
           case
           of
           descent
           .
           
             Here
             I
             perceive
             Mr.
             〈◊〉
             hath
             read
             somewhat
             in
             matter
             of
             State
             ,
             and
             so
             have
             I
             likewise
             ,
             though
             we
             may
             both
             quickly
             lose
             ourselves
             in
             cause
             of
             this
             Nature
             .
          
           I
           find
           by
           the
           best
           opinions
           ,
           that
           there
           bee
           two
           meanes
           to
           assure
           and
           retaine
           in
           obedience
           Countreyes
           conquered
           ,
           both
           very
           differing
           ,
           almost
           in
           extreames
           the
           one
           towards
           the
           other
           .
        
         
           The
           one
           is
           by
           
             Colonies
             ,
          
           and
           intermixture
           of
           
             people
             ,
          
           and
           
             transplantation
          
           of
           
             families
             ,
          
           which
           Mr.
           
             Walter
          
           spoke
           off
           ,
           and
           it
           was
           indeed
           the
           
             Romane
             manner
          
           but
           this
           is
           like
           an
           old
           relique
           ,
           much
           reverenced
           and
           almost
           never
           used
           .
           But
           th'other
           which
           is
           the
           modern
           manner
           ,
           and
           almost
           wholly
           in
           practice
           &
           use
           ,
           is
           by
           
             Garrisons
             and
             Citadelles
             ,
          
           and
           
             Lists
          
           or
           
             Companies
          
           of
           men
           of
           
             Warre
             ,
          
           and
           other
           like
           matters
           of
           
             terrour
             and
             bridle
             .
          
        
         
           To
           the
           first
           of
           these
           (
           which
           is
           little
           used
           )
           it
           it
           true
           that
           
             naturalization
          
           doth
           conduce
           ,
           but
           to
           the
           latter
           it
           is
           utterly
           opposite
           ,
           as
           putting
           too
           great
           pride
           ,
           and
           meanes
           to
           do
           hurt
           ,
           in
           those
           that
           are
           meant
           to
           be
           kept
           short
           and
           low
           .
           And
           yet
           in
           the
           very
           first
           case
           of
           the
           
             Romane
          
           proceeding
           ,
           
             Naturalization
          
           did
           never
           follow
           by
           Conquest
           ,
           during
           all
           the
           growth
           ,
           of
           the
           
             Romane
             Empire
             ,
          
           but
           was
           ever
           conferred
           by
           
             Charters
             ,
          
           or
           
             Donations
             ,
          
           sometimes
           to
           
             Cities
             ,
          
           and
           
             Townes
             ,
          
           sometimes
           to
           particular
           persons
           ,
           &
           sometimes
           to
           
             Nations
             ,
          
           untill
           the
           time
           of
           
             Adrian
          
           the
           
             Emperour
             ,
          
           and
           the
           Law
           in
           
             Orbe
             Romano
             ,
             and
             that
             Law
             or
             constitution
          
           is
           not
           referred
           to
           title
           of
           
             Conquest
          
           and
           
             Armes
          
           onely
           ,
           but
           to
           all
           other
           titles
           ;
           
             as
             by
             the
             Donation
             and
             Testament
             of
             Kings
             ,
             by
             submission
             and
          
           
           dedition
           of
           States
           ,
           or
           the
           like
           .
           So
           as
           this
           difference
           was
           as
           strange
           to
           them
           ,
           as
           to
           us
           .
           And
           certainly
           I
           suppose
           it
           will
           sound
           strangely
           in
           the
           hearing
           of
           forreigne
           Nations
           ,
           that
           the
           law
           of
           
             England
          
           should
           
             ipso
             sacto
             ,
             naturalize
             subjects
             of
             Conquest
             ,
          
           and
           should
           not
           naturalize
           Subjects
           ,
           which
           grow
           unto
           the
           King
           by
           descent
           ;
           that
           is
           ,
           that
           it
           should
           conferre
           the
           benefit
           and
           priviledge
           of
           naturalization
           upon
           such
           ,
           as
           cannot
           at
           the
           first
           but
           beare
           hatred
           and
           rancor
           to
           the
           state
           of
           
             England
             ,
          
           and
           have
           had
           their
           hands
           in
           the
           bloud
           of
           the
           Subjects
           of
           
             England
             ,
          
           and
           should
           deny
           the
           like
           benefit
           to
           those
           that
           are
           conjoyned
           with
           them
           by
           a
           more
           amiable
           meane
           :
           And
           that
           the
           law
           of
           
             England
             ,
          
           should
           conferre
           
             naturalization
          
           upon
           slaves
           and
           vassals
           (
           
             for
             people
             conquered
             are
             no
             better
             in
             the
             beginning
             )
             and
             should
             deny
             it
             to
             Free-men
             :
          
           I
           say
           it
           will
           be
           marvelled
           at
           abroad
           ,
           of
           what
           complexion
           the
           lawes
           of
           
             England
          
           bee
           made
           ,
           that
           breedeth
           such
           differences
           .
           But
           there
           is
           little
           danger
           of
           such
           scandals
           ;
           for
           this
           is
           a
           difference
           ,
           that
           the
           law
           of
           
             England
          
           never
           knew
           .
        
         
           The
           fourth
           reason
           of
           this
           difference
           is
           ,
           that
           in
           case
           of
           Conquest
           ,
           the
           territory
           united
           can
           never
           be
           separated
           againe
           .
           But
           in
           case
           of
           descent
           ,
           there
           is
           a
           possibility
           ,
           if
           his
           Majesties
           line
           should
           faile
           ,
           the
           Kingdomes
           may
           severe
           againe
           to
           their
           respective
           heires
           ,
           as
           in
           the
           case
           of
           8.
           H.
           6.
           where
           it
           is
           said
           ,
           that
           if
           Land
           descend
           to
           a
           man
           ,
           from
           the
           Ancestor
           ,
           on
           the
           part
           of
           his
           Father
           ,
           and
           a
           rent
           issuing
           out
           of
           it
           ,
           from
           an
           
             Ancestor
             ,
          
           on
           the
           part
           of
           the
           mother
           ,
           if
           the
           party
           dye
           without
           issue
           ,
           the
           Rent
           is
           revived
           .
           As
           to
           this
           Reason
           ,
           I
           know
           well
           the
           continuance
           of
           the
           Kings
           
           line
           ,
           is
           no
           lesse
           deare
           to
           those
           ,
           that
           alleadge
           the
           reason
           ,
           then
           to
           us
           that
           confute
           it
           .
           So
           as
           I
           doe
           not
           blame
           the
           passing
           of
           the
           reason
           ;
           but
           it
           is
           answered
           with
           no
           great
           difficulty
           ;
           for
           first
           the
           law
           doth
           never
           respect
           remote
           and
           forrein
           possibilities
           ,
           as
           noteably
           appeared
           in
           the
           great
           case
           betweene
           Sir
           
             Hugh
             Cholmley
             ,
          
           and
           
             Houlford
          
           in
           the
           Exchequer
           ,
           where
           one
           in
           the
           remainder
           ,
           to
           the
           end
           to
           bridle
           tenant
           in
           tayle
           from
           suffering
           a
           common
           recovery
           ,
           granted
           his
           remainder
           to
           the
           King
           ,
           and
           because
           he
           would
           be
           sure
           to
           have
           it
           out
           again
           ,
           without
           charge
           or
           trouble
           ,
           when
           his
           turne
           was
           served
           ;
           he
           limitted
           it
           to
           the
           King
           ,
           during
           the
           life
           of
           tenant
           in
           tayle
           .
           Question
           grew
           whether
           this
           grant
           of
           remainder
           were
           good
           ,
           yea
           or
           no
           .
           And
           it
           was
           said
           to
           be
           frivolous
           and
           void
           ,
           because
           it
           could
           never
           by
           any
           possibility
           execute
           ;
           for
           tenant
           in
           tayle
           cannot
           surrender
           ,
           and
           if
           he
           dyed
           ,
           the
           remainder
           likewise
           ceased
           .
           To
           which
           it
           was
           answered
           ,
           
             that
             there
             was
             a
             possibility
             ,
             that
             it
             might
             execute
             ,
             which
             was
             thus
             ;
          
           Put
           case
           that
           tenant
           in
           tayle
           should
           enter
           into
           Religion
           having
           no
           issue
           :
           then
           the
           remainder
           should
           execute
           ,
           and
           the
           King
           should
           hold
           the
           land
           during
           the
           naturall
           life
           of
           tenant
           in
           tayle
           ,
           notwithstanding
           his
           civill
           death
           .
           But
           the
           Court
           
             una
             vate
          
           exploded
           this
           reason
           ,
           and
           said
           ,
           
             that
             Monasteries
             were
             downe
             ,
             and
             entries
             into
             Religion
             gone
             ;
          
           and
           they
           must
           be
           up
           againe
           ere
           this
           could
           be
           ,
           and
           that
           the
           Law
           did
           not
           respect
           such
           remote
           ,
           and
           forreine
           possibilities
           ,
           &
           so
           we
           may
           hold
           this
           for
           the
           like
           ;
           For
           I
           think
           we
           all
           hope
           ,
           that
           neither
           of
           those
           days
           shall
           ever
           come
           ,
           either
           for
           
             Monasteries
          
           to
           be
           restored
           ,
           or
           for
           the
           K.
           line
           to
           faile
           ,
           but
           the
           true
           answer
           is
           ,
           that
           the
           possibility
           
           subsequēt
           ,
           remote
           ,
           or
           not
           remote
           doth
           not
           alter
           the
           operatiō
           of
           law
           for
           the
           present
           .
           For
           that
           should
           be
           ,
           as
           if
           in
           case
           of
           the
           Rent
           which
           you
           put
           ,
           you
           should
           say
           ,
           that
           in
           regard
           ,
           that
           the
           rent
           maybe
           severed
           ,
           it
           should
           be
           said
           ,
           to
           be
           in
           
             esse
          
           in
           the
           meane
           time
           ,
           and
           should
           be
           grantable
           ,
           which
           is
           cleerely
           otherwise
           .
           And
           so
           in
           the
           principall
           cafe
           ,
           if
           that
           should
           be
           (
           which
           God
           of
           his
           goodnesse
           forbid
           )
           
             cessante
             causa
             ,
             cessat
             effectus
             ,
             the
             benefit
             of
             naturalization
             for
             the
             time
             to
             come
             is
             dissolved
             .
          
           But
           that
           altereth
           not
           the
           operation
           of
           the
           
             Law
             .
             Rebus
             sic
             stantibus
             .
          
           And
           therefore
           I
           conclude
           ,
           that
           this
           difference
           is
           but
           a
           devise
           full
           of
           weaknesse
           and
           ignorance
           :
           and
           that
           there
           is
           one
           ,
           and
           the
           same
           reason
           of
           
             naturalizing
          
           subjects
           by
           descent
           ,
           and
           subjects
           by
           conquest
           ,
           and
           that
           is
           the
           union
           in
           the
           person
           of
           the
           King
           ;
           
             and
             therefore
             that
             the
             〈◊〉
             of
             Scotland
             is
             as
             cleere
             ,
             as
             that
             of
             Ireland
             ,
             and
             they
             that
             grant
             the
             one
             ,
             cannot
             deny
             the
             other
             .
          
           And
           so
           I
           conclude
           the
           second
           part
           ,
           touching
           
             confutation
             .
          
        
         
           To
           proceed
           therefore
           to
           the
           prooses
           of
           our
           part
           ,
           your
           Lordships
           cannot
           but
           know
           many
           of
           them
           must
           be
           already
           spent
           ,
           in
           the
           answer
           which
           we
           have
           made
           to
           the
           
             objections
             .
          
           For
           
             corruptio
             unius
             ,
             generatio
             alterius
             ,
          
           holdes
           aswell
           in
           
             Arguments
             ,
          
           as
           in
           
             Nature
             ,
          
           the
           destruction
           of
           an
           
             objection
          
           begets
           a
           proofe
           .
           But
           neverthelefse
           ,
           I
           will
           avoid
           all
           iteration
           ,
           least
           I
           should
           seem
           either
           to
           distract
           your
           memories
           ,
           or
           to
           abuse
           your
           patience
           ;
           But
           will
           hold
           my selfe
           onely
           to
           these
           proofs
           ,
           which
           stand
           substantially
           of
           themselves
           ,
           and
           are
           not
           intermixed
           with
           matter
           of
           
             confutation
             .
          
           I
           will
           therefore
           prove
           unto
           your
           Lordships
           ,
           that
           the
           
             post-natus
             of
             Scotland
          
           is
           by
           the
           Law
           of
           
           England
           nat●rall
           ,
           and
           ought
           fo
           to
           be
           adjudged
           by
           three
           courses
           of
           proofe
           .
        
         
           
             1.
             
             Bi●●t
             upon
             point
             of
             favour
             of
             Law
             .
          
           
             2.
             
             Secondly
             ,
             upon
             reasons
             and
             authorities
             of
             Law
             .
          
           
             3.
             
             And
             lastly
             ,
             upon
             former
             presidents
             &
             examples
             .
          
        
         
           
             Favour
             of
             Law
             ,
          
           what
           meane
           J
           by
           that
           ?
           the
           Law
           is
           equall
           ,
           and
           favoureth
           not
           :
           It
           is
           true
           ,
           not
           persons
           :
           but
           things
           or
           matters
           it
           doth
           favour
           .
           Is
           it
           not
           a
           common
           principle
           ,
           that
           the
           Law
           favoureth
           three
           things
           ,
           
             Life
             ,
             Liberty
             ,
             &
             Dower
             ?
          
           And
           what
           is
           the
           reason
           of
           this
           favour
           ?
           This
           ,
           
             because
             our
             Law
             is
             grounded
             upon
             the
             Law
             of
             Nature
             .
          
           And
           these
           three
           things
           doe
           flow
           from
           the
           Law
           of
           Nature
           ,
           
             preservation
             of
             life
             Naturall
             ,
             Liberty
             ,
             which
             every
             Beast
             or
             Bird
             seeketh
             and
             affecteth
             naturally
             ,
             the
             society
             of
             man
             and
             wife
             ,
             whereof
             Dower
             is
             the
             reward
             naturall
             .
          
           It
           is
           well
           ,
           doth
           the
           Law
           favour
           
             Liberty
          
           so
           highly
           ,
           as
           a
           man
           shall
           infranchise
           his
           bondman
           ,
           when
           hee
           thinketh
           not
           of
           it
           ,
           by
           granting
           to
           him
           ,
           
             Lands
             or
             Goods
             ?
          
           And
           is
           the
           reason
           of
           it
           ,
           
             quia
             natura
             omnes
             homines
             erant
             liberi
             ?
          
           and
           that
           
             servitude
          
           or
           
             villenage
             ,
          
           doth
           crosse
           and
           abridge
           the
           Law
           of
           Nature
           ?
           And
           doth
           not
           the
           selfe-same
           reason
           hold
           in
           the
           present
           case
           ;
           For
           my
           Lords
           by
           the
           Law
           of
           Nature
           ,
           all
           men
           in
           the
           world
           are
           naturalized
           one
           towards
           another
           ,
           they
           were
           all
           made
           of
           one
           lumpe
           of
           earth
           ,
           of
           one
           breath
           of
           God
           ,
           they
           had
           the
           same
           common
           Parents
           .
           Nay
           at
           the
           first
           they
           were
           ,
           as
           the
           Scripture
           sheweth
           ,
           
             unius
             Labii
             ,
             of
             one
             Language
             ,
          
           untill
           the
           curse
           ,
           which
           curse
           (
           thankes
           be
           to
           God
           )
           our
           present
           case
           is
           exempted
           from
           .
           It
           was
           
             Ciuill
             and
             Nationall
             Lawes
             ,
          
           that
           brought
           in
           these
           words
           ,
           and
           differences
           of
           
             Civis
          
           and
           
             Exterus
             ,
             
             Alien
             &
             Native
          
           And
           therefore
           because
           they
           tend
           to
           abridge
           the
           Law
           of
           
             Nature
             ,
          
           the
           Law
           favoureth
           not
           them
           ,
           but
           takes
           them
           strictly
           ,
           even
           as
           our
           Law
           hath
           an
           excellent
           rule
           ,
           that
           customes
           of
           Townes
           &
           
             Burroughes
          
           shall
           be
           taken
           and
           construed
           strictly
           &
           precisely
           ,
           because
           they
           doe
           abridge
           and
           derogate
           from
           the
           law
           of
           the
           land
           .
           So
           by
           the
           same
           reason
           all
           
             Nationall
             Lawes
          
           whatsoever
           ,
           are
           to
           be
           taken
           strictly
           and
           hardly
           in
           any
           point
           wherein
           they
           abridge
           ,
           and
           derogate
           from
           the
           law
           of
           Nature
           .
           Whereupon
           I
           conclude
           that
           your
           Lordships
           cannot
           judge
           the
           law
           for
           the
           other
           side
           ,
           except
           the
           case
           be
           
             Luce
             clarius
             .
          
           And
           if
           it
           appeare
           to
           you
           but
           doubtfull
           ,
           as
           I
           thinke
           no
           man
           in
           his
           right
           senses
           but
           will
           yeeld
           it
           ,
           to
           be
           at
           least
           doubtfull
           ,
           
             Then
             ought
             your
             Lordships
             (
             under
             your
             correction
             be
             it
             spoken
             )
             to
             pronounce
             for
             us
             because
             of
             the
             favour
             of
             the
             Law
             .
          
           Furthermore
           as
           the
           law
           of
           
             England
          
           must
           favour
           
             Naturalization
             ,
          
           as
           a
           branch
           of
           the
           law
           of
           
             Nature
             :
          
           so
           it
           appeares
           manifestly
           ,
           that
           it
           doth
           favour
           it
           accordingly
           .
           
             For
             is
             it
             not
             much
             to
             make
             a
             Subject
             Naturalized
             ?
             By
             the
             law
             of
             England
             ,
             it
             should
             suffice
             ,
             either
             place
             or
             Parents
             ,
          
           if
           he
           be
           born
           in
           
             England
             ,
          
           it
           is
           matter
           no
           though
           his
           Parents
           be
           
             Spanyards
             ,
          
           or
           what
           you
           will
           .
           On
           
           th'other
           side
           ,
           if
           he
           be
           borne
           of
           
             English
             Parents
             ,
          
           it
           skilleth
           not
           though
           he
           be
           borne
           in
           
             Spaine
             ,
          
           or
           in
           any
           other
           place
           of
           the
           World
           .
           In
           such
           sort
           doth
           the
           
             Law
             of
             England
          
           open
           her
           lappe
           to
           receive
           in
           people
           to
           be
           
             Naturalized
             ,
          
           which
           indeed
           sheweth
           the
           wisedome
           and
           excellent
           composition
           of
           our
           law
           .
           And
           that
           it
           is
           the
           law
           of
           a
           Warlike
           and
           Magnanimous
           
             Nation
             ,
          
           sit
           for
           Empire
           .
           For
           looke
           ,
           and
           you
           shall
           find
           that
           
           such
           kind
           of
           estates
           have
           been
           ever
           liberall
           in
           point
           of
           
             Naturalization
             :
          
           whereas
           
             Marchant-like
             and
             envious
             estates
             have
             bin
             otherwise
             .
          
           For
           the
           reasons
           of
           law
           joyned
           with
           authorities
           ,
           I
           doe
           first
           observe
           to
           your
           
             Lordships
             ,
          
           that
           our
           assertion
           or
           affirmation
           is
           simple
           and
           plaine
           :
           that
           it
           sufficeth
           to
           naturalization
           ,
           that
           there
           be
           one
           King
           ,
           and
           that
           the
           party
           be
           ,
           
             natus
             ad
             sidem
             Regis
             ,
          
           agreeable
           to
           the
           definition
           of
           
             Littleton
             :
          
           which
           is
           .
           
             Alien
          
           is
           he
           which
           is
           born
           out
           of
           the
           allegeance
           of
           our
           
             Lord
             the
             King
             .
          
           They
           of
           
           th'other
           side
           speak
           of
           respects
           ,
           and
           
             quoad
          
           and
           
             quatenus
             ,
          
           and
           such
           subtilties
           and
           distinctions
           .
           To
           maintaine
           therefore
           our
           assertion
           ,
           J
           will
           use
           three
           kindes
           of
           proofes
           .
        
         
           
             The
             first
             is
             ,
             that
             allegeance
             cannot
             be
             applyed
             to
             the
             Law
             or
             Kingdome
             ,
             but
             to
             the
             person
             of
             the
             King
             ,
             because
             the
             Allegeance
             of
             the
             Subject
             is
             more
             large
             and
             spatious
             ,
             and
             hath
             a
             greater
             latitude
             ,
             and
             comprehension
             ,
             then
             the
             Law
             or
             the
             Kingdome
             .
             And
             therefore
             it
             cannot
             be
             a
             dependency
             of
             that
             ,
             without
             the
             which
             it
             may
             of
             it selfe
             subsist
             .
          
        
         
           
             The
             second
             proofe
             which
             I
             will
             use
             ,
             is
             ,
             that
             the
             Naturall
             body
             of
             the
             King
             hath
             an
             operation
             and
             influence
             into
             his
             body
             politique
             ,
             aswell
             as
             his
             body
             politique
             hath
             upon
             his
             body
             Naturall
             ,
             And
             therefore
             that
             although
             his
             body
             politique
             of
             King
             of
          
           England
           ,
           
             and
             his
             body
             politique
             of
             King
             of
          
           Scotland
           
             be
             soverall
             and
             distinct
             :
             Yet
             neverthelesse
             ,
             his
             Naturall
             person
             ,
             which
             is
             one
             ,
             hath
             an
             operation
             upon
             both
             ,
             and
             createth
             aprivity
             betweene
             them
             .
          
        
         
         
           And
           the
           third
           proofe
           is
           the
           binding
           text
           of
           five
           severall
           statutes
           .
        
         
           For
           the
           first
           of
           these
           I
           shall
           make
           it
           manifest
           ,
           that
           the
           allegeance
           is
           of
           a
           greater
           extent
           ,
           and
           dimension
           ,
           then
           Lawes
           or
           Kingdome
           ,
           and
           cannot
           confist
           by
           the
           lawes
           meerely
           ,
           because
           it
           began
           before
           laws
           ,
           it
           continueth
           after
           Lawes
           ,
           and
           it
           is
           in
           vigour
           where
           Lawes
           are
           suspended
           ,
           and
           have
           not
           their
           force
           .
           That
           it
           is
           more
           antient
           then
           law
           ,
           appeareth
           by
           that
           which
           was
           spoken
           in
           the
           beginning
           by
           way
           of
           inducement
           where
           I
           did
           endeavour
           to
           demonstrate
           ,
           that
           the
           originall
           age
           of
           Kingdomes
           was
           governed
           by
           
             naturall
             equity
             ,
          
           that
           Kings
           were
           more
           antient
           then
           Law-givers
           ,
           that
           the
           first
           submissions
           were
           simple
           ,
           and
           upon
           confidence
           to
           the
           person
           of
           Kings
           ,
           and
           that
           the
           Allegeance
           of
           Subjects
           to
           hereditary
           Monarchies
           ,
           can
           no
           more
           be
           said
           to
           consist
           by
           lawes
           ,
           then
           the
           obedience
           of
           Children
           to
           Parents
           .
        
         
           That
           Allegeance
           continueth
           after
           lawes
           ,
           I
           will
           onely
           put
           the
           case
           ,
           which
           was
           remembred
           by
           two
           great
           Judges
           in
           a
           great
           Assembly
           ,
           the
           one
           of
           them
           now
           with
           God
           ,
           which
           was
           :
           
             that
             if
             a
             King
             of
             .
             England
             should
             be
             expalsed
             his
             Kingdome
             ,
             and
             some
             particular
             subjects
             should
             follow
             him
             in
             flight
             ,
             or
             exile
             in
             forreigne
             parts
             ,
             and
             any
             of
             them
             there
             should
             conspire
             his
             death
             ,
             that
             upon
             his
             rocoveryof
             his
             Kingdome
             ;
             such
             a
             subject
             might
             by
             the
             Law
             of
             England
             be
             proceeded
             with
             ;
             for
             Treason
             committed
             and
             perpetrated
             at
             what
             time
             he
             had
             no
             Kingdome
             ,
             and
             in
             place
             wher
             ethe
             Law
             did
             not
             bind
             .
          
        
         
           That
           Allegeance
           is
           in
           vigour
           and
           force
           ,
           where
           
           the
           power
           of
           Law
           hath
           a
           cessation
           appeareth
           notably
           in
           time
           of
           Warres
           ,
           for
           
             silent
             leges
             inter
             arma
             .
          
           And
           yet
           the
           Soveraignty
           ,
           and
           Imperiall
           power
           of
           the
           King
           ,
           is
           so
           farre
           ,
           from
           being
           then
           extinguished
           ,
           or
           suspended
           ;
           as
           contrariwsse
           it
           is
           raised
           ,
           and
           made
           more
           absolute
           ,
           for
           then
           he
           may
           proceed
           by
           his
           supreame
           authority
           ,
           and
           Martiall
           Law
           without
           observing
           formalities
           of
           the
           Lawes
           of
           his
           Kingdome
           .
           And
           therefore
           whosoever
           speaketh
           of
           Lawes
           ,
           and
           the
           Kings
           power
           by
           Lawes
           ,
           and
           the
           Subjects
           obedience
           ,
           or
           allegeance
           to
           Lawes
           ,
           speake
           but
           of
           one
           halfe
           of
           the
           Crowne
           .
           For
           
             Bracton
          
           out
           of
           
             Justinian
          
           doth
           truly
           define
           ,
           the
           Crowne
           to
           consist
           of
           Lawes
           and
           Armes
           ,
           power
           Civill
           and
           Martiall
           ,
           with
           the
           latter
           whereof
           the
           Law
           doth
           not
           intermeddle
           ,
           so
           as
           where
           it
           is
           much
           spoken
           
             that
             the
             Subjects
             of
             England
             are
             under
             one
             Law
             ,
             and
             the
             Subjects
             of
             Scotland
             are
             under
             another
             Law
             ,
             it
             is
             true
             at
          
           Edenborough
           
             or
          
           Sterling
           ,
           
             or
             againe
             in
             London
             ,
             or
             Yorke
             ;
             But
             if
             Englishmen
             and
             Scottishmen
             meet
             in
             an
             Army
             Royall
             before
             Calice
             .
          
           I
           hope
           then
           they
           are
           under
           one
           Law
           .
           So
           likewise
           not
           onely
           in
           time
           of
           warre
           ,
           but
           in
           time
           of
           peregrination
           :
           
             If
             a
             King
             of
          
           England
           
             travaile
             ,
             or
             passe
             through
             forraine
             territories
             ;
             yet
             the
             allegeance
             of
             his
             Subjects
             followeth
             him
             ,
             as
             appeareth
             in
             that
             not
             able
             case
             which
             is
             reported
             in
             〈◊〉
             ,
             where
             one
             of
             the
             traine
             of
             K.
             Ed.
             
             I.
             as
             be
             past
             through
             France
             from
             the
             Holy
             Land
             ,
             imbezelled
             some
             silver
             Plate
             at
             Paris
             ,
             and
             Jurisdiction
             was
             demanded
             of
             this
             crime
             by
             the
          
           French
           
             Kings
             Counsell
             at
             Law
             .
             〈◊〉
             〈◊〉
             ,
          
           and
           demanded
           likewise
           by
           the
           Officers
           of
           K.
           
             Edw.
             ratione
             personae
             ,
          
           and
           after
           much
           solemnity
           and
           contestation
           and
           interpleading
           ,
           it
           was
           
           ruled
           and
           determined
           for
           King
           
             Edward
             ,
          
           and
           the
           party
           tryed
           and
           judged
           before
           the
           Knight
           Marshall
           of
           the
           Kings
           house
           ,
           and
           hanged
           after
           the
           
             English
          
           Law
           ,
           and
           execution
           in
           St.
           
           
             Germaines
          
           meadovves
           :
           and
           so
           much
           for
           my
           first
           proofe
           .
        
         
           For
           my
           second
           maine
           proofe
           ;
           that
           is
           drawn
           from
           the
           true
           &
           legall
           distinction
           of
           the
           Kings
           severall
           capacities
           ;
           for
           they
           that
           maintaine
           the
           contrary
           opinion
           ,
           doe
           in
           effect
           destroy
           the
           whole
           force
           of
           the
           Kings
           naturall
           capacity
           ,
           as
           if
           it
           were
           drowned
           and
           swallowed
           up
           by
           his
           politique
           .
           And
           therefore
           I
           will
           first
           prove
           to
           your
           Lordships
           ,
           that
           his
           two
           capacities
           are
           in
           no
           sort
           confounded
           ;
           and
           secondly
           ,
           that
           as
           his
           capacity
           politique
           worketh
           so
           upon
           his
           naturall
           person
           ,
           as
           it
           makes
           it
           differ
           from
           all
           other
           the
           naturall
           persons
           of
           his
           Subjects
           :
           so
           
             è
             converso
             ,
          
           his
           naturall
           body
           worketh
           so
           upon
           his
           politique
           ,
           as
           the
           corporation
           of
           the
           Crowne
           utterly
           differeth
           from
           all
           other
           Corporations
           within
           the
           Realme
           .
        
         
           For
           the
           first
           I
           will
           vouch
           you
           the
           very
           words
           which
           I
           find
           in
           that
           notable
           case
           of
           the
           Dutchie
           ,
           where
           the
           question
           was
           ,
           whether
           the
           grants
           of
           King
           
             Ed.
             6.
          
           for
           Dutchy
           lands
           should
           be
           avoyded
           in
           points
           of
           nonage
           .
           The
           case
           ,
           as
           your
           Lordships
           know
           well
           ,
           is
           reported
           by
           Mr.
           
             Plowden
             ,
          
           as
           the
           generall
           resolution
           of
           all
           the
           Judges
           of
           
             England
             ,
          
           and
           the
           Kings
           learned
           Counsell
           ,
           
             Ruswell
          
           the
           Solicitour
           ,
           onely
           except
           ,
           there
           I
           find
           the
           said
           words
           ,
           
             Comment
             .
             fol.
             215.
             
             There
             is
             in
             the
             King
             not
             a
             body
             naturall
             alone
             ,
             nor
             a
             body
             politique
             alone
             ,
             but
             a
             body
             naturall
             and
             politique
             together
             ,
             ●●●pus
             corporatum
             in
             corpore
             naturali
             ,
             &
             corpus
             naturale
             in
             corpore
             corporato
             .
          
           The
           like
           I
           find
           in
           the
           great
           
           case
           of
           the
           Lord
           
             Barkeley
          
           set
           downe
           by
           the
           same
           Reporter
           ,
           
             Comment
             fol.
             234.
             
             Though
             there
             be
             in
             the
             King
             two
             bodies
             ,
             and
             that
             those
             two
             bodies
             are
             conjoyned
             ;
             yet
             are
             they
             by
             no
             meanes
             confounded
             the
             one
             by
             the
             other
             .
          
        
         
           Now
           then
           to
           see
           the
           mutuall
           and
           reciprocall
           entercourse
           ,
           as
           I
           may
           terme
           it
           ,
           or
           influence
           ,
           or
           communication
           of
           qualities
           that
           these
           bodies
           have
           one
           upon
           the
           other
           .
           The
           body
           politique
           of
           the
           Crowne
           indueth
           the
           naturall
           person
           of
           the
           King
           with
           these
           perfections
           .
           That
           the
           King
           in
           Law
           shall
           never
           be
           said
           to
           be
           within
           age
           ;
           that
           his
           blood
           shall
           never
           be
           corrupted
           ;
           and
           that
           ,
           if
           he
           were
           attainted
           before
           ,
           the
           very
           assumption
           of
           the
           Crown
           purgeth
           it
           .
           That
           the
           K.
           shall
           not
           take
           but
           by
           matter
           of
           Record
           ,
           although
           he
           take
           in
           his
           naturall
           capacity
           ,
           as
           upon
           a
           guift
           in
           taile
           .
           That
           his
           body
           in
           Law
           shall
           be
           said
           to
           be
           as
           it
           were
           immortall
           ,
           for
           there
           is
           no
           death
           of
           the
           King
           in
           Law
           ,
           but
           a
           demise
           as
           it
           is
           tearmed
           ;
           with
           many
           other
           the
           like
           Priviledges
           ,
           and
           differences
           from
           other
           naturall
           persons
           too
           long
           to
           rehearse
           ,
           the
           rather
           because
           the
           question
           laboureth
           not
           in
           that
           part
           .
           But
           on
           the
           contrary
           part
           ,
           let
           us
           see
           what
           oporations
           the
           Kings
           naturall
           person
           hath
           upon
           his
           Crowne
           and
           body
           politique
           :
           Of
           which
           the
           chiefest
           and
           greatest
           is
           ,
           that
           it
           causeth
           the
           Crowne
           to
           goe
           by
           descent
           ,
           which
           is
           a
           thing
           strange
           ,
           and
           contrary
           to
           the
           course
           of
           all
           Corporations
           ,
           which
           evermore
           take
           in
           succession
           ,
           and
           not
           by
           descent
           ,
           for
           no
           man
           can
           shew
           mee
           in
           all
           the
           Corporations
           of
           
             England
             ,
          
           of
           what
           nature
           soever
           ,
           vvhether
           they
           consist
           of
           one
           person
           ,
           or
           of
           many
           :
           or
           whether
           they
           be
           Temporall
           or
           Ecclesiasticall
           ,
           any
           one
           takes
           to
           him
           and
           his
           heires
           ,
           but
           all
           to
           him
           
           and
           his
           successours
           ;
           And
           therefore
           here
           you
           may
           see
           what
           a
           weake
           course
           that
           is
           ,
           
             to
             put
             cases
             of
             Bishops
             and
             Parsons
             ,
             and
             the
             like
             ,
             and
             to
             apply
             them
             to
             the
             Crowne
             .
          
           For
           the
           King
           takes
           to
           him
           and
           his
           heires
           in
           the
           manner
           of
           a
           naturall
           body
           ,
           and
           the
           word
           successours
           is
           but
           superfluous
           ,
           and
           where
           that
           is
           used
           that
           is
           ever
           duly
           placed
           after
           the
           words
           heires
           .
           
             The
             King
             ,
             his
             heires
             and
             Successours
             .
          
        
         
           Againe
           no
           man
           can
           deny
           but
           
             vxor
             &
             filius
             sunt
             nomina
             naturae
             .
          
           A
           Corporation
           can
           have
           no
           wife
           ;
           nor
           a
           Corporation
           can
           have
           no
           sonne
           ;
           how
           is
           it
           then
           ,
           that
           it
           is
           treason
           to
           compasse
           the
           death
           of
           the
           Queene
           ,
           or
           of
           the
           Prince
           .
           There
           is
           no
           part
           of
           the
           body
           politique
           of
           the
           Crovvne
           in
           either
           of
           them
           ,
           but
           it
           is
           entirely
           in
           the
           King
           .
           So
           likewise
           we
           find
           in
           the
           case
           of
           the
           Lord
           
             Barkeley
             ,
          
           the
           question
           was
           whether
           the
           Statute
           of
           35.
           
             H.
          
           8.
           for
           that
           part
           which
           concerned
           Queene
           
             Katherine
             Pars
          
           joynture
           were
           a
           publique
           act
           or
           no
           ,
           of
           which
           the
           Judges
           ought
           to
           take
           notice
           ,
           not
           being
           pleaded
           :
           And
           judged
           a
           publique
           Act.
           So
           the
           like
           question
           came
           before
           your
           Lordship
           ,
           my
           Lord
           
             Chancellour
             ,
          
           in
           Serjeant
           .
           
             Heales
          
           case
           :
           whether
           the
           Statute
           of
           11.
           of
           
             Ed.
          
           3
           concerning
           the
           intayling
           of
           the
           Dukedome
           of
           
             Cornewall
          
           to
           the
           Prince
           vvere
           a
           publique
           Act
           or
           no
           ;
           and
           ruled
           likewise
           a
           publique
           Act.
           Why
           ?
           no
           man
           can
           affirme
           ,
           but
           these
           be
           operations
           of
           Lavv
           ,
           proceeding
           from
           the
           dignity
           of
           the
           naturall
           person
           of
           the
           King
           :
           for
           you
           shall
           never
           find
           that
           another
           Corporation
           vvhatsoever
           of
           a
           Bishop
           or
           Master
           of
           a
           Colledge
           ,
           or
           Major
           of
           
             London
             ,
          
           vvorketh
           any
           thing
           in
           Lavv
           upon
           the
           vvife
           ,
           or
           sonne
           of
           the
           Bishop
           or
           the
           Major
           .
           And
           to
           conclude
           this
           point
           and
           vvithall
           to
           come
           neere
           to
           
           the
           case
           in
           question
           ,
           I
           will
           shew
           you
           where
           the
           naturall
           person
           of
           the
           King
           hath
           not
           onely
           an
           operation
           in
           the
           case
           of
           his
           wife
           and
           children
           ,
           but
           likewise
           in
           the
           case
           of
           his
           Subjects
           ,
           which
           is
           the
           very
           question
           in
           hand
           :
           As
           for
           example
           ,
           I
           put
           this
           case
           ,
           can
           a
           
             Scottishman
          
           who
           is
           a
           Subject
           to
           the
           naturall
           person
           of
           the
           King
           ,
           and
           not
           to
           the
           Crowne
           of
           
             England
             ,
          
           can
           a
           
             Scottishman
             ,
          
           I
           say
           ,
           be
           an
           enemy
           by
           the
           Lavv
           to
           the
           Subjects
           of
           
             England
             ,
          
           or
           must
           he
           not
           of
           necessity
           ,
           if
           he
           should
           invade
           
             England
             ,
          
           be
           a
           Rebell
           ,
           and
           no
           enemy
           not
           onely
           as
           to
           the
           King
           ,
           but
           as
           to
           the
           Subject
           ?
           Or
           can
           any
           Letters
           of
           Marte
           or
           reprisall
           be
           granted
           against
           a
           
             Scottishman
             ,
          
           that
           should
           spoyle
           an
           
             English-mans
          
           goods
           at
           Sea
           ,
           and
           certainly
           this
           case
           doth
           presse
           exceeding
           neere
           the
           principall
           case
           ,
           for
           it
           prooveth
           plainly
           ,
           that
           the
           naturall
           person
           of
           the
           King
           ,
           hath
           such
           a
           communication
           of
           qualities
           with
           his
           body
           politique
           ;
           as
           it
           makes
           the
           Subjects
           of
           either
           Kingdomes
           stand
           in
           another
           degree
           of
           privity
           one
           towards
           the
           other
           ;
           then
           they
           did
           before
           .
           And
           so
           much
           for
           the
           second
           proofe
           .
        
         
           For
           the
           five
           Acts
           of
           
             Parliament
          
           which
           I
           spoke
           of
           which
           are
           concluding
           to
           this
           question
           ?
        
         
           The
           first
           of
           them
           is
           ,
           
             that
             concerning
             the
             banishment
             of
             Hugh
             Spencer
             in
             the
             time
             of
             King
             Ed.
          
           2.
           
           In
           which
           act
           there
           is
           contained
           ,
           the
           charge
           ,
           and
           accusation
           whereupon
           his
           exile
           proceeded
           .
           One
           Article
           of
           which
           charge
           is
           set
           downe
           in
           these
           words
           .
           
             Homage
             and
             Oath
             of
             the
             Subject
             is
             more
             by
             reason
             of
             the
             crowne
             ,
             then
             by
             reason
             of
             the
             person
             of
             the
             King
             .
             So
             that
             if
             the
             King
             doth
             not
             guide
             himselfe
             by
             reason
             in
             right
             of
             the
             Crowne
             ,
             his
             lieges
             are
             bound
             by
             their
             oath
             to
             the
             
             Crowne
             to
             remoove
             the
             King
             .
          
        
         
           By
           which
           act
           doth
           plain'y
           appeare
           the
           perilous
           consequence
           of
           this
           distinction
           concerning
           the
           person
           of
           the
           King
           ,
           and
           the
           Crowne
           .
           And
           yet
           J
           doe
           acknowledge
           Justice
           ,
           and
           ingeruously
           a
           great
           difference
           betweene
           that
           assertion
           and
           this
           ,
           which
           is
           now
           maintained
           :
           for
           it
           is
           one
           thing
           to
           make
           things
           distinct
           ,
           another
           thing
           to
           make
           them
           separable
           ,
           
             Aliud
             est
             distinctio
             ,
             aliud
             separatio
             ,
          
           and
           therefore
           J
           assure
           my selfe
           ,
           that
           those
           ,
           that
           now
           use
           and
           urge
           that
           diftinction
           dee
           as
           firmely
           hold
           ,
           that
           the
           subjection
           to
           the
           Kings
           person
           ,
           and
           to
           the
           Crowne
           ,
           are
           inseparable
           ,
           though
           distinct
           ,
           as
           I
           doe
           .
           And
           it
           is
           true
           that
           the
           poyson
           of
           the
           opinion
           ,
           &
           assertion
           of
           
             Spencer
          
           is
           like
           the
           poyson
           of
           a
           
             Scorpion
             ,
          
           more
           in
           the
           taile
           then
           in
           the
           body
           :
           For
           it
           is
           the
           inference
           that
           they
           make
           which
           is
           ,
           that
           the
           King
           may
           be
           deposed
           or
           removed
           ,
           that
           is
           ,
           
             the
             treason
             and
             dislayalty
             of
             that
             opinion
             :
          
           But
           by
           you
           leave
           the
           body
           is
           never
           a
           whit
           the
           more
           wholesome
           meare
           ,
           for
           having
           such
           a
           tayle
           belonging
           to
           it
           :
           therefore
           we
           see
           that
           is
           
             Locus
             lubricus
             ,
          
           an
           opinion
           from
           which
           a
           man
           may
           ea●ly
           slide
           into
           an
           absurdity
           .
           But
           upon
           this
           act
           of
           Parliament
           ,
           I
           will
           onely
           note
           one
           circumstance
           more
           ,
           and
           so
           leave
           it
           ,
           which
           may
           adde
           authority
           unto
           it
           in
           the
           opinion
           of
           the
           wisest
           ,
           and
           that
           is
           ,
           that
           these
           
             Spencers
             ,
          
           were
           not
           ancient
           nobles
           or
           great
           Patriots
           that
           were
           charged
           and
           prosecuted
           by
           upstarts
           and
           favourites
           :
           for
           then
           that
           might
           be
           said
           that
           it
           was
           but
           the
           action
           of
           some
           flatterers
           ,
           who
           use
           to
           extoll
           the
           power
           of
           Monarches
           to
           be
           infinite
           ,
           but
           it
           was
           contrary
           ;
           a
           prosecution
           of
           those
           persons
           being
           favourites
           by
           the
           Nobility
           ,
           so
           as
           the
           Nobility
           themselves
           which
           seldome
           doe
           
           subscribe
           to
           the
           opinion
           of
           an
           infinite
           power
           of
           Monarches
           .
           Yet
           even
           they
           could
           not
           endure
           ,
           but
           their
           blood
           did
           rise
           to
           heare
           that
           opinion
           :
           that
           subjection
           is
           owing
           to
           the
           Crowne
           ,
           rather
           then
           to
           the
           person
           of
           the
           King
           .
        
         
           The
           second
           Act
           of
           Parliament
           which
           determined
           this
           case
           ,
           is
           the
           act
           of
           recognition
           in
           the
           first
           yeare
           of
           his
           Majestie
           ,
           wherein
           you
           shall
           find
           ,
           that
           in
           two
           severall
           places
           ,
           the
           one
           in
           the
           Preamble
           ,
           the
           other
           in
           the
           body
           of
           the
           Act
           ,
           the
           Parliament
           doth
           recognize
           ,
           
             that
             these
             two
             Realmes
             of
             England
             and
             Scotland
             are
             under
             one
             Imperiall
             Crowne
             .
          
           The
           Parliament
           doth
           not
           say
           under
           one
           Monarchie
           or
           King
           which
           mought
           referre
           to
           the
           person
           ,
           but
           under
           ono
           Imperiall
           Crowne
           ,
           which
           cannot
           be
           applyed
           but
           to
           the
           Soveraigne
           power
           of
           Regiment
           ,
           comprehending
           both
           Kingdomes
           .
           And
           the
           third
           act
           of
           Parliament
           is
           the
           Act
           made
           in
           the
           fourth
           yeare
           of
           his
           Majesties
           Raigne
           for
           the
           abolition
           of
           hostile
           Lawes
           ,
           wherein
           your
           Lordships
           shall
           find
           likewise
           in
           two
           places
           ,
           that
           the
           Parliament
           doth
           acknowledge
           ,
           that
           there
           is
           an
           union
           of
           these
           two
           Kingdomes
           already
           begun
           in
           his
           Majesties
           person
           .
           So
           as
           by
           the
           declaration
           of
           that
           act
           ,
           they
           have
           not
           onely
           one
           King
           ,
           but
           there
           is
           an
           union
           in
           inception
           in
           the
           Kingdomes
           ,
           themselves
           .
        
         
           These
           two
           are
           Judgements
           in
           Parliament
           by
           way
           of
           declaration
           of
           Law
           ,
           against
           which
           no
           man
           can
           speake
           .
           And
           certainly
           these
           are
           righteous
           and
           true
           Iudgements
           to
           be
           relyed
           upon
           ;
           not
           onely
           for
           the
           authority
           of
           them
           ,
           but
           for
           the
           verity
           of
           them
           ,
           for
           to
           any
           that
           shall
           well
           ,
           and
           deeply
           weigh
           the
           effects
           of
           Law
           upon
           this
           conjunction
           ,
           it
           cannot
           
           but
           appeare
           ,
           that
           although
           
             partes
             integrales
          
           of
           the
           Kingdome
           (
           as
           the
           Philosophers
           speake
           )
           such
           as
           the
           Lawes
           ,
           the
           Officers
           ,
           the
           Parliament
           are
           not
           yet
           commixed
           ;
           yet
           neverthelesse
           there
           is
           but
           one
           ,
           and
           the
           selfe-same
           fountaine
           of
           soveraigne
           power
           depending
           upon
           the
           ancient
           submission
           ,
           whereof
           I
           spake
           in
           the
           beginning
           ,
           and
           in
           that
           sense
           ,
           the
           Crownes
           and
           the
           Kingdomes
           are
           truly
           said
           to
           be
           united
           .
        
         
           And
           the
           force
           of
           this
           truth
           is
           such
           ,
           that
           a
           grave
           and
           learned
           Gent.
           that
           defended
           the
           contrary
           opinion
           ,
           did
           confesse
           thus
           farre
           :
           That
           in
           ancient
           times
           when
           Monarchies
           (
           as
           he
           said
           )
           were
           but
           heapes
           of
           people
           ,
           without
           any
           exact
           forme
           of
           policy
           ,
           that
           the
           Naturalization
           and
           communication
           of
           Priviledges
           did
           follow
           the
           person
           of
           the
           Monarch
           .
           But
           otherwise
           since
           States
           were
           reduced
           to
           a
           more
           exact
           forme
           :
           So
           as
           thus
           farre
           we
           did
           consent
           ;
           but
           still
           I
           differ
           from
           him
           in
           this
           ,
           
             that
             those
             more
             exact
             formes
             wrought
             by
             time
             ,
             and
             custome
             ,
             and
             Lawes
             ,
             are
             neverthelesse
             still
             upon
             the
             first
             foundation
             ,
             and
             doe
             serve
             onely
             to
             perfect
             and
             corroborate
             the
             force
             and
             bond
             of
             the
             first
             submission
             ,
             and
             in
             no
             sort
             to
             disanullor
             destroy
             it
             .
          
        
         
           And
           therefore
           with
           these
           two
           acts
           doe
           J
           likewise
           couple
           the
           Act
           of
           14.
           
             Ed.
          
           3.
           which
           hath
           beene
           alleadged
           of
           the
           other
           side
           .
           For
           by
           collating
           of
           that
           Act
           with
           this
           former
           too
           ,
           the
           truth
           of
           that
           we
           affirme
           will
           the
           more
           evidently
           appeare
           ,
           according
           unto
           the
           rule
           of
           reason
           :
           
             Opposita
             juxta
             se
             posita
             magis
             elucescunt
             .
          
           That
           act
           of
           14.
           is
           an
           act
           of
           separation
           .
           These
           two
           Acts
           formerly
           recited
           are
           Acts
           tending
           to
           union
           .
           This
           Act
           is
           an
           act
           that
           maketh
           a
           new
           Law
           ,
           it
           is
           by
           the
           words
           of
           
             grant
          
           and
           
             establish
             ,
          
           these
           
           two
           Acts
           declare
           the
           common
           law
           ,
           as
           it
           is
           ,
           being
           by
           words
           of
           
             Recognition
          
           and
           
             Confession
             .
          
        
         
           And
           therefore
           upon
           the
           difference
           of
           these
           lawes
           you
           may
           fubstantially
           ground
           this
           position
           .
           That
           the
           
             Common-law
             of
             England
          
           upon
           the
           adjunction
           of
           any
           Kingdome
           unto
           the
           King
           of
           
             England
             ,
          
           doth
           make
           some
           degree
           of
           union
           in
           the
           Crownes
           ,
           and
           Kingdomes
           themselves
           :
           except
           by
           a
           speciall
           Act
           of
           
             Parliament
          
           they
           be
           dissevered
           .
        
         
           Lastly
           ,
           the
           5.
           
           
             Act
             of
             Parliament
             ,
          
           which
           I
           promised
           is
           the
           
             Act
          
           made
           in
           the
           42.
           of
           E.
           3.
           
             cap.
          
           ●
           .
           10.
           which
           is
           expresse
           decision
           of
           the
           point
           in
           question
           .
           The
           words
           are
           ,
           
             Item
             ,
          
           (
           upon
           the
           
             Petition
          
           put
           into
           
             Parliament
          
           by
           the
           
             Commons
             ,
             )
             That
             Infants
             borne
             beyond
             the
             Seas
             in
             the
             Seignories
             of
             Callice
             ,
             and
             elsewhere
             within
             the
             lands
             and
             Seignories
             that
             pertain
             to
             our
             Soveraign
             Lord
             the
             King
             beyond
             the
             Seas
             ,
             bee
             as
             able
             and
             inheritable
             of
             their
             heritage
             in
             England
             ,
             as
             other
             Infants
             borne
             within
             the
             Realme
             of
             England
             ,
             it
             is
             accorded
             that
             the
             Common-law
             and
             the
             Statute
             formerly
             made
             be
             holden
             .
          
        
         
           Upon
           this
           Act
           ,
           J
           inferre
           thus
           much
           ,
           first
           that
           such
           as
           the
           
             Petition
          
           mentioneth
           ,
           were
           naturalized
           ,
           the
           practice
           shewes
           ;
           Then
           ,
           if
           so
           ,
           it
           must
           be
           either
           by
           Common-law
           ,
           or
           Statute
           ;
           for
           so
           the
           words
           report
           ,
           not
           by
           Statute
           ;
           for
           there
           is
           no
           other
           statute
           ,
           but
           25.
           of
           E.
           3.
           and
           that
           extends
           to
           the
           case
           of
           birth
           out
           of
           the
           Kings
           obedience
           ,
           where
           the
           Parents
           are
           
             English
             ,
             Ergo
          
           it
           was
           by
           the
           Common-law
           ,
           for
           that
           onely
           remaines
           .
           And
           so
           by
           the
           Declarations
           of
           this
           statute
           at
           the
           Common-law
           .
           
             All
             Infants
             borne
             within
             the
             Lands
             and
             Seignories
          
           (
           for
           I
           give
           you
           the
           
           very
           words
           againe
           )
           
             that
             pertaine
             to
             our
             Soveraigne
             Lord
             the
             King
             ,
          
           it
           is
           not
           said
           ,
           as
           are
           the
           Dominions
           of
           England
           ,
           
             are
             as
             able
             and
             inheritable
             of
             their
             heritage
             in
             England
             ,
             as
             other
             Infants
             borne
             within
             the
             Realme
             of
             England
             :
          
           what
           can
           be
           more
           plaine
           ?
           And
           so
           I
           leave
           Statutes
           ,
           and
           goe
           to
           Presidents
           ;
           for
           though
           the
           one
           doe
           bind
           more
           ,
           yet
           the
           other
           sometimes
           doth
           satisfie
           more
           .
           For
           presidents
           in
           the
           producing
           &
           using
           of
           that
           kind
           of
           proofe
           ,
           of
           all
           others
           it
           behoveth
           them
           to
           be
           faithfully
           vouched
           ;
           for
           the
           suppressing
           or
           keeping
           back
           of
           a
           circumstance
           may
           change
           the
           case
           ,
           and
           therefore
           J
           am
           determined
           to
           urge
           only
           such
           presidents
           ,
           as
           are
           without
           all
           colour
           or
           scruple
           of
           exception
           ,
           or
           objection
           ,
           even
           of
           those
           objections
           which
           I
           have
           ,
           to
           my
           thinking
           fully
           answered
           &
           confuted
           .
           This
           is
           now
           ,
           by
           the
           Providence
           of
           God
           the
           fourth
           time
           that
           the
           line
           ,
           and
           Kings
           of
           England
           have
           had
           Dominions
           &
           Seignories
           united
           unto
           them
           ,
           as
           Patrimonies
           ,
           and
           by
           descent
           of
           bloud
           ;
           foure
           unions
           I
           say
           there
           have
           bin
           inclusive
           with
           this
           last
           .
           The
           first
           was
           of
           
             Normandy
          
           in
           the
           person
           of
           
             William
          
           commonly
           called
           the
           
             Conqueror
             .
          
           The
           2d
           .
           was
           of
           
             Gascoyne
             ,
          
           and
           
             Guienne
             ,
          
           and
           
             Anjou
          
           in
           the
           person
           of
           K.
           
             Hen.
          
           the
           2d
           .
           in
           his
           person
           I
           say
           ,
           though
           by
           severall
           titles
           .
           The
           3.
           was
           of
           the
           Crowne
           of
           
             France
             ,
          
           in
           the
           person
           of
           K.
           Edw.
           the
           third
           .
           And
           the
           4th
           .
           of
           the
           Kingdome
           of
           
             Scotland
          
           in
           his
           Majesty
           .
           Of
           these
           I
           will
           set
           aside
           such
           ,
           as
           by
           any
           cavillation
           can
           be
           excepted
           unto
           .
           First
           ,
           J
           will
           set
           aside
           
             Normādy
             ,
          
           because
           it
           will
           be
           said
           ,
           that
           the
           difference
           of
           countryes
           accruing
           by
           conquest
           ,
           from
           countryes
           annexed
           by
           descent
           in
           matter
           of
           Communication
           of
           priviledges
           
           holdeth
           both
           wayes
           ,
           as
           well
           of
           the
           part
           of
           the
           conquering
           Kingdome
           ,
           as
           the
           conquered
           .
           And
           therfore
           that
           although
           
             Normandy
          
           was
           not
           conquest
           of
           
             England
             ,
          
           yet
           
             England
          
           was
           a
           conquest
           of
           
             Normandy
             ,
          
           and
           so
           a
           communication
           of
           priviledges
           between
           them
           .
           Againe
           ,
           set
           aside
           France
           ,
           for
           that
           it
           will
           be
           said
           ,
           that
           although
           the
           King
           had
           a
           title
           in
           bloud
           ,
           and
           by
           descent
           ,
           yet
           that
           title
           was
           executed
           and
           recovered
           by
           Armes
           :
           So
           as
           it
           is
           a
           mixt
           title
           of
           conquest
           &
           descent
           ,
           and
           therefore
           the
           President
           not
           so
           cleare
           .
        
         
           There
           remaines
           then
           
             Gascoyne
             &
             Anjou
             ,
          
           and
           that
           president
           ,
           likewise
           I
           will
           reduce
           and
           abridge
           to
           a
           time
           to
           avoid
           all
           question
           .
           For
           it
           will
           bee
           said
           of
           them
           also
           ,
           that
           after
           they
           were
           lost
           and
           recovered
           in
           
             ore
             gladii
             ,
          
           that
           the
           antient
           title
           of
           bloud
           was
           extinct
           &
           that
           the
           King
           was
           in
           upon
           his
           new
           title
           by
           conquest
           ,
           &
           Mr.
           
             Walter
          
           had
           found
           a
           book
           case
           ,
           in
           13.
           
             of
             H.
             6.
          
           abridged
           by
           Mr.
           
             Fitz-Herbert
             ,
          
           in
           title
           of
           protection
           ,
           
             placito
          
           56.
           where
           a
           protection
           was
           cast
           ,
           
             ●uia
             profecturus
             in
             Gasconiam
          
           with
           the
           Earlo
           of
           
             Huntingdon
             ,
          
           and
           challenged
           because
           it
           was
           not
           a
           voyage
           royall
           ,
           &
           the
           Justices
           thereupon
           required
           the
           sight
           of
           the
           cōmission
           ,
           which
           was
           brought
           before
           them
           ,
           &
           purported
           power
           to
           pardon
           Felouies
           ,
           &
           treason
           ,
           power
           to
           coyn
           money
           ,
           &
           power
           to
           conquer
           them
           that
           resist
           ,
           wherby
           M.
           
             Walter
          
           finding
           the
           word
           
             conquest
             ,
          
           collected
           that
           the
           Kings
           title
           at
           that
           time
           was
           reputed
           to
           bee
           by
           Conquest
           ,
           wherein
           I
           may
           not
           omit
           to
           give
           
             Obiter
          
           that
           Answer
           ,
           which
           Law
           and
           Truth
           provideth
           ,
           namely
           that
           when
           any
           King
           obreyneth
           by
           warre
           a
           Countrey
           ,
           whereunto
           he
           hath
           right
           by
           Birth
           ,
           that
           hee
           is
           ever
           in
           upon
           his
           Antient
           Right
           ,
           not
           upon
           his
           purchase
           by
           Conquest
           ;
           
           and
           the
           Reason
           is
           ,
           that
           there
           is
           as
           well
           a
           Judgement
           and
           recovery
           by
           Warre
           and
           Armes
           ,
           as
           by
           law
           and
           course
           of
           Justice
           ;
           for
           war
           is
           a
           tribunall
           seat
           ,
           wherein
           God
           giveth
           the
           judgment
           ,
           &
           the
           tryall
           is
           by
           battaile
           ,
           or
           
             Duell
             ,
          
           as
           in
           the
           case
           of
           tryall
           of
           private
           right
           ,
           and
           then
           it
           followes
           ,
           that
           whosoever
           commeth
           in
           by
           eviction
           ,
           comes
           in
           his
           remitter
           :
           so
           as
           there
           will
           bee
           no
           difference
           in
           Countreyes
           whereof
           the
           right
           commeth
           by
           descent
           ,
           whether
           the
           possession
           be
           obtained
           peaceably
           or
           by
           war
           ,
           but
           yet
           neverthelesse
           ,
           because
           I
           will
           utterly
           take
           away
           all
           manner
           of
           evasion
           ,
           &
           subterfuge
           ,
           I
           will
           yet
           set
           apart
           that
           part
           of
           time
           in
           and
           during
           ,
           the
           which
           ,
           the
           subjects
           of
           
             Gascoyne
             &
             Guyenne
          
           might
           bee
           thought
           to
           be
           subdued
           by
           a
           reconquest
           .
           And
           therefore
           I
           will
           not
           meddle
           with
           the
           
             Prior
             of
             Shellies
          
           case
           ,
           though
           it
           be
           an
           excellent
           case
           ;
           because
           it
           was
           in
           that
           time
           ,
           27.
           
             of
             E.
          
           3.
           neither
           will
           I
           meddle
           with
           any
           cases
           ,
           records
           ,
           or
           presidents
           ,
           in
           the
           time
           of
           King
           
             H.
          
           5.
           or
           King
           
             H.
          
           6.
           for
           the
           same
           reason
           ,
           but
           will
           hold
           my selfe
           to
           a
           portion
           of
           time
           ,
           from
           the
           first
           uniting
           of
           these
           Provinces
           in
           the
           time
           of
           King
           
             H.
          
           2.
           untill
           the
           time
           of
           K.
           
             Iohn
             .
          
           At
           what
           time
           those
           Provinces
           were
           lost
           ,
           and
           from
           that
           time
           againe
           unto
           the
           17.
           yeere
           of
           the
           Reigne
           of
           K.
           
             Edw.
          
           2.
           at
           what
           time
           the
           Statute
           of
           
             proerogativa
             Rogis
          
           was
           made
           ,
           which
           altered
           the
           law
           in
           the
           point
           in
           hand
           .
        
         
           That
           both
           in
           these
           times
           ,
           the
           Subjects
           of
           
             Gascoyn
          
           and
           
             Guyenne
             ,
          
           and
           
             Anjou
             ,
          
           were
           naturalized
           for
           inheritance
           in
           
             England
          
           by
           the
           lawes
           of
           
             England
             .
          
           I
           shall
           manifestly
           prove
           ,
           and
           the
           proofe
           proceeds
           ,
           as
           to
           the
           former
           time
           (
           which
           is
           our
           case
           )
           in
           a
           very
           high
           degree
           ,
           a
           
             minore
             ad
             majus
             ,
          
           and
           as
           we
           say
           ,
           
             a
             multo
             fortiore
          
           
           For
           if
           this
           priviledge
           of
           naturalization
           remained
           unto
           them
           when
           the
           Countreyes
           were
           lost
           ,
           and
           became
           subjects
           in
           possession
           to
           another
           King
           :
           much
           more
           did
           they
           enjoy
           it
           ,
           as
           long
           as
           they
           continued
           under
           the
           Kings
           subjection
           .
        
         
           Therefore
           to
           open
           the
           State
           of
           this
           point
           .
           After
           these
           Provinces
           were
           through
           the
           perturbations
           of
           the
           State
           in
           the
           infortunate
           time
           ofK.
           
             Iohn
          
           lost
           ,
           and
           severed
           ,
           the
           principall
           persons
           which
           did
           adhere
           unto
           the
           
             French
          
           were
           attainted
           of
           Treason
           ,
           and
           their
           efcheats
           here
           in
           
             England
          
           taken
           and
           seized
           .
           But
           the
           people
           that
           could
           not
           resist
           the
           tempest
           ,
           when
           their
           Heads
           and
           Leaders
           were
           revolted
           ,
           continued
           inheritable
           to
           their
           possessions
           in
           
             England
             ,
          
           and
           reciprocally
           the
           people
           of
           
             England
          
           inherited
           and
           succeeded
           to
           their
           possessions
           in
           
             Gascoyne
             ,
          
           and
           were
           both
           accounted
           ,
           
             ad
             fidem
             utriusque
             Regis
             ,
          
           untill
           the
           Statute
           of
           
             Proerogativa
             Regis
             ,
          
           wherein
           the
           wisdome
           and
           justice
           of
           the
           
             Law
             of
             England
          
           is
           highly
           to
           be
           commended
           .
           For
           of
           this
           law
           ,
           there
           are
           two
           grounds
           of
           reason
           ,
           The
           one
           of
           equity
           ,
           The
           other
           of
           policy
           .
           That
           of
           Equity
           was
           because
           the
           common
           people
           were
           in
           no
           fault
           ,
           but
           as
           the
           Scripture
           saith
           in
           a
           like
           case
           ,
           
             quid
             fecerunt
             oves
             iftoe
             ?
          
           It
           was
           the
           cowardise
           and
           disloyalty
           of
           their
           Governours
           that
           deserved
           punishmēt
           ,
           butwhat
           had
           these
           sheep
           done
           ,
           and
           therefore
           to
           have
           punish't
           them
           ,
           and
           deprived
           them
           of
           their
           lands
           &
           fortunes
           had
           bin
           unjust
           .
           That
           of
           policy
           was
           ,
           because
           if
           the
           law
           had
           forthwith
           upon
           the
           losse
           of
           the
           Countreyes
           by
           an
           accident
           of
           time
           pronounced
           the
           people
           for
           
             Aliens
             ,
          
           it
           had
           been
           a
           kind
           of
           Cession
           of
           their
           right
           ,
           and
           a
           diselaymer
           in
           them
           ,
           and
           so
           a
           greater
           difficulty
           to
           recover
           them
           .
           
           
           
           And
           therefore
           we
           see
           the
           Statute
           ,
           which
           altered
           the
           law
           in
           this
           point
           ,
           was
           made
           in
           the
           time
           of
           a
           weake
           king
           ,
           that
           ,
           as
           it
           seemed
           ,
           despaired
           ever
           to
           recover
           his
           right
           ,
           and
           therefore
           thought
           better
           to
           have
           a
           little
           present
           profit
           by
           escheats
           ,
           then
           the
           continuance
           of
           his
           claime
           ,
           and
           the
           countenance
           of
           his
           right
           by
           the
           admitting
           of
           them
           to
           enjoy
           their
           inheritances
           ,
           as
           they
           did
           before
           .
        
         
           The
           State
           therefore
           of
           this
           point
           ,
           being
           thus
           opened
           ,
           it
           resteth
           to
           prove
           our
           assertion
           that
           they
           were
           naturalized
           ;
           for
           the
           clearing
           whereof
           ,
           I
           shall
           need
           but
           to
           reade
           the
           authorities
           ,
           they
           be
           so
           direct
           and
           pregnant
           .
           The
           first
           is
           the
           very
           text
           of
           the
           Statute
           of
           
             Praerogativa
             Regis
             .
             Rex
             habebit
             escaetas
             de
             terris
             Normannorum
             cujuscunque
             feodi
             fuerint
             ,
             salvo
             servitio
             ,
             quod
             pertinet
             ad
             capitales
             dominos
             feodi
             illius
             ,
             &
             hoc
             similiter
             intelligendum
             est
             ,
             si
             aliqua
             haereditus
             descendat
             alicui
             nato
             in
             partibus
             transmarinis
             ,
             &
             cujus
             antecefsores
             fuerunt
             ad
             fidem
             Regis
             Franciae
             ,
             ut
             tempore
             Regis
             Iohannis
             ,
             &
             non
             ad
             fidem
             Regis
             Angliae
             ,
             sicut
             contigit
             de
             Baronia
             Monumetae
             ,
             &c.
             
          
        
         
           By
           which
           Statute
           it
           appeares
           plainly
           that
           before
           the
           time
           of
           
             King
             Iohn
             ,
          
           there
           was
           no
           colour
           of
           any
           Escheare
           ,
           because
           they
           were
           the
           kings
           Subjects
           in
           possession
           ,
           as
           
             Scotland
          
           now
           is
           ,
           but
           onely
           it
           determines
           the
           Law
           ,
           from
           that
           time
           forward
           .
        
         
           This
           Statute
           if
           it
           had
           in
           it
           any
           obscurity
           ,
           it
           is
           taken
           away
           by
           two
           lights
           ,
           the
           one
           placed
           before
           it
           ,
           and
           th'other
           placed
           after
           it
           ,
           both
           authors
           of
           great
           credit
           the
           〈◊〉
           for
           antient
           ,
           
           th'other
           for
           late
           times
           .
           The
           former
           is
           
             〈◊〉
          
           in
           his
           
             Cap.
             de
             exception
             〈…〉
             ,
             lib.
             5.
             fol.
             427.
          
           and
           his
           words
           are
           these
           ,
           
             Est
             etiam
             &
             
             alia
             exceptie
             quae
             tenenti
             competitex
             persona
             petentis
             propter
             defectum
             Nationis
             ,
             quae
             dilatoria
             est
             ,
             &
             nonperimit
             actionem
             ,
             ut
             si
             qnis
             alienigena
             qui
             fuerit
             ad
             fidem
             Regis
             Franciae
             ,
             &
             actionem
             instituat
             versus
             aliquem
             qui
             fuerit
             ad
             fidem
             Regis
             Angliae
             ,
             tali
             nonrespondeatur
             saltem
             donec
             terrae
             fuerint
             communes
             .
          
        
         
           By
           these
           words
           it
           appeareth
           ,
           that
           after
           the
           losse
           of
           the
           Provinces
           beyond
           the
           Seas
           ,
           the
           Naturalization
           of
           the
           Subjects
           of
           those
           Provinces
           was
           in
           no
           sort
           extinguished
           ,
           but
           onely
           was
           in
           suspence
           during
           time
           of
           warre
           and
           no
           longer
           ;
           for
           he
           saith
           plainly
           ,
           that
           the
           exception
           which
           we
           call
           plea
           to
           the
           person
           of
           
             Alien
             ,
          
           was
           not
           peremptory
           but
           onely
           dilatory
           ,
           that
           is
           to
           say
           ,
           during
           the
           time
           of
           war
           ,
           and
           untill
           there
           were
           peace
           concluded
           ,
           which
           hee
           tearmes
           by
           these
           words
           ,
           
             donec
             terrae
             fuerint
             communes
             ,
          
           which
           though
           the
           phrase
           seeme
           somewhat
           obscure
           is
           expounded
           by
           
             Bracton
          
           himselfe
           in
           his
           fourth
           booke
           ,
           
             fol.
             297.
          
           to
           be
           of
           peace
           made
           and
           concluded
           whereby
           the
           Inhabitants
           of
           
             England
             ,
          
           and
           those
           Provinces
           might
           enjoy
           the
           profits
           and
           fruits
           of
           their
           lands
           in
           either
           place
           
             communiter
             ,
          
           that
           is
           respectively
           ,
           or
           as
           well
           the
           one
           as
           th'other
           :
           so
           as
           it
           is
           cleere
           ,
           they
           were
           no
           
             Aliens
          
           in
           right
           ,
           but
           onely
           interrupted
           and
           debarred
           of
           Suites
           in
           the
           Kings
           Courts
           in
           time
           of
           Warre
           .
        
         
           The
           authority
           after
           the
           Statute
           ,
           is
           ,
           that
           of
           Master
           
             Stamfords
             ,
          
           the
           best
           Expositor
           of
           a
           statute
           that
           hath
           bin
           in
           our
           law
           ,
           a
           man
           of
           reverend
           judgment
           ,
           &
           excellent
           order
           in
           his
           writings
           ,
           his
           words
           are
           in
           his
           expositiō
           upon
           the
           branch
           of
           that
           statute
           which
           we
           read
           before
           .
           
           
             By
             this
             branch
             it
             should
             appeare
             ,
             that
             at
             this
             time
             men
             of
          
           Normandy
           ,
           Gascoyne
           ,
           Guienne
           ,
           Anjou
           ,
           
             and
          
           Brittaine
           
             were
             inheritable
             within
             this
             Realme
             ,
             aswell
             as
             English-men
             ,
             because
             that
             they
             were
             sometimes
             Subjects
             to
             the
             Kings
             of
             England
             and
             under
             their
             Dominion
             ,
             untill
          
           K.
           Johns
           
             time
             ,
             as
             is
             aforesaid
             ,
             &
             yet
             after
             his
             time
             ,
             those
             men
             (
             saving
             such
             whose
             lands
             were
             taken
             away
             for
             treason
             )
             were
             still
             inheritable
             within
             this
             Realme
             ,
             till
             the
             making
             of
             this
             Statute
             ,
             and
             in
             the
             time
             of
             peace
             betweene
             the
             two
             Kings
             of
             England
             ,
             and
             France
             ,
             they
             were
             answerable
             within
             this
             Realme
             ,
             if
             they
             had
             brought
             any
             action
             for
             their
             Lands
             and
             Tenements
             .
          
        
         
           So
           as
           by
           these
           three
           authorities
           ,
           every
           one
           so
           plainly
           pursuing
           
           th'other
           ,
           we
           conclude
           that
           the
           subjects
           of
           
             Gascoyne
             ,
             Guienne
             ,
             Anjou
             ,
          
           and
           the
           rest
           from
           their
           first
           union
           by
           descent
           ,
           untill
           the
           making
           of
           the
           Statute
           ,
           
             of
             praerogativa
             Regis
             ,
          
           were
           inheritable
           in
           
             England
             ,
          
           and
           to
           be
           answered
           in
           the
           Kings
           Courts
           in
           all
           actions
           ,
           except
           it
           were
           in
           time
           of
           warre
           .
           Nay
           more
           (
           which
           is
           
             de
             abundante
          
           )
           that
           when
           the
           Provinces
           were
           lost
           ,
           and
           disannexed
           ,
           and
           that
           the
           King
           was
           but
           King
           
             de
             jure
          
           over
           them
           ,
           and
           not
           
             de
             facto
             :
          
           Yet
           neverthelesse
           ,
           the
           priviledge
           of
           naturalization
           continued
           .
        
         
           There
           resteth
           yet
           one
           objection
           ,
           rather
           plausible
           to
           a
           popular
           understanding
           ,
           then
           any
           waies
           forcible
           in
           law
           ,
           or
           learning
           ,
           which
           is
           a
           difference
           taken
           between
           the
           Kingdome
           of
           
             Scotland
             ,
          
           and
           these
           Dutchies
           ,
           for
           that
           the
           one
           is
           a
           Kingdome
           ,
           and
           
           th'other
           was
           not
           so
           ,
           and
           therefore
           that
           those
           Provinces
           being
           of
           an
           
           inferiour
           nature
           ,
           did
           acknowledge
           our
           Lawes
           ,
           and
           Seales
           ,
           and
           Parliament
           which
           the
           Kingdome
           of
           
             Scotland
          
           doth
           not
           .
        
         
           This
           difference
           was
           well
           given
           over
           by
           Mr.
           
             Walter
             ,
          
           for
           it
           is
           plaine
           ,
           that
           a
           Kingdome
           and
           absolute
           Dukedome
           ,
           or
           any
           other
           Soveraigne
           estate
           doe
           differ
           
             honore
             ,
          
           and
           not
           
             potestate
             ;
          
           For
           divers
           Dutchies
           ,
           and
           Countries
           that
           are
           now
           ,
           were
           sometimes
           Kingdomes
           ;
           and
           divers
           kingdomes
           that
           are
           now
           ,
           were
           sometimes
           Dutchies
           ,
           or
           of
           other
           inferiour
           Style
           ,
           wherein
           we
           neede
           not
           travaile
           abroad
           since
           we
           have
           in
           our
           owne
           state
           so
           notorious
           an
           instance
           of
           the
           Countrey
           of
           
             Ireland
             ,
          
           whereof
           King
           
             H.
          
           8.
           of
           late
           time
           was
           the
           first
           that
           writ
           himselfe
           King
           the
           former
           Style
           being
           L.
           of
           
             Ireland
          
           and
           no
           more
           ,
           and
           yet
           Kings
           had
           the
           same
           authority
           before
           ,
           that
           they
           have
           had
           since
           and
           the
           same
           Nation
           the
           same
           marks
           of
           a
           Soveraigne
           State
           ,
           as
           their
           
             Parliaments
             ,
          
           their
           
             Armes
             ,
          
           their
           
             Coynes
             ,
          
           as
           they
           now
           have
           ,
           so
           as
           this
           is
           too
           superficiall
           an
           allegation
           labour
           upon
           .
        
         
           And
           if
           any
           doe
           conceive
           ,
           that
           
             Gascoyne
          
           and
           
             Guyenne
          
           were
           governed
           by
           the
           Lawes
           of
           
             England
             .
          
           First
           ,
           that
           cannot
           be
           in
           reason
           ,
           for
           it
           is
           a
           true
           ground
           ,
           that
           wheresoever
           any
           Princes
           Title
           unto
           any
           Countrey
           is
           by
           Law
           ,
           he
           can
           never
           change
           the
           Lawes
           ,
           for
           that
           they
           create
           his
           Title
           :
           and
           therefore
           no
           doubt
           those
           Dutchies
           retained
           their
           owne
           Lawes
           ,
           which
           if
           they
           did
           ,
           then
           they
           could
           not
           be
           subject
           to
           the
           Lawes
           of
           
             England
          
        
         
         
           And
           next
           againe
           the
           fact
           or
           practize
           was
           otherwise
           ,
           as
           appeareth
           by
           all
           consent
           of
           
             Story
          
           and
           
             Record
             :
          
           For
           those
           Dutchies
           continued
           governed
           by
           the
           Civill
           Law
           ,
           their
           tryalls
           by
           witresses
           and
           not
           by
           Jurie
           ,
           their
           lands
           Testamentary
           ,
           and
           the
           like
           .
        
         
           Now
           for
           the
           colours
           ,
           that
           some
           have
           endeavoured
           to
           give
           ,
           that
           they
           should
           have
           beene
           subordinate
           to
           the
           government
           of
           
             England
             ,
          
           they
           were
           partly
           weake
           ,
           and
           partly
           such
           as
           make
           strongly
           against
           them
           ,
           for
           as
           to
           that
           ,
           that
           writs
           of
           
             Habeas
             corpus
          
           under
           the
           great
           Seale
           of
           
             England
          
           have
           gone
           to
           
             Gascoyne
             ,
          
           it
           is
           no
           manner
           of
           proofe
           ,
           for
           that
           the
           Kings
           writs
           which
           are
           mendatory
           and
           not
           writs
           of
           ordinary
           Justice
           may
           goe
           to
           his
           Subjects
           into
           any
           forraine
           parts
           whatsoever
           ,
           and
           under
           what
           Seale
           it
           pleaseth
           him
           to
           use
           ;
           and
           as
           to
           that
           ,
           that
           some
           Acts
           of
           
             Parliament
          
           have
           beene
           cited
           ,
           wherein
           the
           
             Parliaments
          
           of
           
             England
          
           have
           taken
           upon
           them
           to
           order
           matters
           of
           
             Gascoyne
             ,
          
           if
           those
           Statutes
           be
           well
           looked
           into
           ,
           nothing
           doth
           more
           plainly
           convince
           the
           contrary
           ,
           for
           they
           intermeddle
           with
           nothing
           but
           that
           that
           concerneth
           either
           the
           
             English
          
           Subjects
           personally
           ,
           or
           the
           territories
           of
           England
           locally
           ,
           and
           never
           the
           Subjects
           of
           
             Gascoyne
             ,
          
           for
           looke
           upon
           the
           Statute
           of
           27.
           of
           
             Ed.
             3.
             ca.
             5.
          
           there
           it
           is
           said
           ,
           
             That
             there
             shall
             be
             no
             fore-stasting
             of
             Wines
             ,
          
           but
           by
           whom
           ?
           onely
           by
           
             English
          
           Merchants
           ,
           not
           a
           word
           of
           the
           Subjects
           of
           
             Gascoyne
             ,
          
           and
           yet
           no
           doubt
           they
           mighr
           be
           offenders
           in
           the
           same
           kind
           .
        
         
         
           So
           in
           the
           sixt
           Chapter
           it
           is
           said
           ,
           
             That
             all
             Marchants
             ,
             Gascoyoes
             may
             safely
             bring
             Wines
             into
             what
             part
             it
             shall
             please
             them
             ,
             here
             now
             are
             the
             persons
             of
             Gascoynes
             ,
             but
             then
             the
             place
             whether●
          
           into
           the
           Realme
           of
           
             England
             ,
          
           and
           in
           the
           7.
           Chap.
           that
           erects
           the
           Ports
           of
           
             Burdeaux
          
           and
           
             Bayonne
             ,
          
           for
           the
           staple
           Townes
           of
           wine
           ,
           the
           Statute
           Ordaines
           that
           if
           any
           ,
           but
           who
           ?
           
             English
             Marchant
             or
             his
             Servants
             shall
             buy
             or
             bargaine
             other
             where
             ,
             his
             body
             shall
             be
             arrested
             by
             the
             Steward
             of
             Gascoyne
             ,
             or
             the
             Constable
             of
             Burdeaux
             :
          
           true
           ,
           for
           the
           Officers
           of
           
             England
          
           could
           not
           catch
           him
           in
           
             Gascoyne
             ,
          
           but
           what
           shall
           become
           of
           him
           ,
           shall
           he
           be
           proceeded
           with
           within
           
             Gascoyne
             ?
          
           No
           ,
           but
           he
           shall
           be
           sent
           over
           into
           
             England
          
           into
           the
           Tower
           of
           
             London
             .
          
        
         
           And
           this
           doth
           notably
           disclose
           the
           reason
           of
           that
           custome
           ,
           which
           some
           have
           sought
           to
           wrest
           the
           other
           way
           ,
           that
           custome
           ,
           I
           say
           ,
           whereof
           a
           forme
           doth
           yet
           remaine
           ,
           that
           in
           every
           Parliament
           the
           King
           doth
           appoint
           certaine
           Committees
           in
           the
           Upper-House
           to
           receive
           the
           Petitions
           of
           
             Normandy
             ,
             Guyenne
          
           and
           the
           rest
           ,
           which
           as
           by
           the
           former
           Statute
           doth
           appeare
           could
           not
           be
           for
           the
           ordering
           of
           the
           governments
           there
           ,
           but
           for
           the
           liberties
           ,
           and
           good
           usage
           of
           the
           Subjects
           of
           those
           parts
           ,
           when
           they
           came
           hither
           ,
           or
           
             via
             versa
             ,
          
           for
           the
           restraining
           of
           the
           abuses
           and
           misdemeanors
           of
           our
           Subjects
           when
           they
           went
           thither
           .
        
         
           Wherefore
           I
           am
           now
           at
           an
           end
           .
           For
           us
           to
           speake
           of
           the
           mischiefes
           ,
           I
           hold
           it
           not
           fit
           for
           this
           place
           ,
           
           left
           we
           should
           seeme
           to
           bend
           the
           Lawes
           to
           policy
           and
           not
           to
           take
           them
           in
           their
           true
           and
           naturall
           sense
           .
           
             It
             is
             enough
             that
             every
             man
             knowes
             ,
             that
             it
             is
             true
             of
             these
             two
             Kingdomes
             ,
             which
             a
             good
             Father
             said
             of
             the
             Churches
             of
             Christ
             :
             Si
             inseparabiles
             insuperabiles
             .
          
           Some
           things
           I
           may
           have
           forgot
           ,
           and
           some
           things
           perhaps
           I
           may
           forget
           willingly
           ;
           for
           I
           will
           not
           presse
           any
           opinion
           or
           declaration
           of
           late
           time
           which
           may
           prejudice
           the
           liberty
           of
           this
           debate
           ,
           but
           
             ex
             dictis
             ,
             &
             ex
             non
             dictis
             ,
          
           upon
           the
           whole
           matter
           I
           prove
           Judgement
           for
           the
           Plaintiffe
           .