calvin case or the case of the post born the writ of assize James by the grace  of God of England Scotland France and Ireland king defender of the faith c to  the sheriff of Middlesex greeting Robert Calvin gentle have complain to we  that Richard smith and Nicholas smith unjust and without judgement have seize  he of his freehold in haggard otherwise Haggerston otherwise aggerston in the  parish of saint Leonard in Shoreditch within thirty year now last pass and  therefore we command you that if the say Robert shall secure you to prosecute  his claim then that you cause the say tenement to be reseize with the chattel  which within it be take and the say tenement with the chattel to be in peace  until Thursday next after fifteen day of saint Martin next come and in the  mean time cause twelve free and lawful man of that neighbourhood to view the  say tenement and the name of they to be inbreviated and summon they by good  summoner that they be then before we wherever we shall then be in England  ready thereof to make recognition and put by surety and safe pledge the  aforesaid Richard and Nicholas or their bailiff if they can be find that they  be then there to hear the recognition and have there the summoner the name of  the pledge and this writ witness ourselves at Westminster the d day of  November in the that year of our reign of England France and Ireland and of  Scotland the one-and-fortieth for S pay in the hamper Kindesley the count  Middlesex sacred scripture  the assize come to recognise the count if Richard  smith and Nicholas smith unjust and without judgement do seize rob Calvin  gentle of his freehold in haggard otherwise Haggerston otherwise aggerston in  the parish of saint Leonard in Shoreditch within thirty year now last pass and  whereupon the say Robert who be within the age of twenty-one year by John  Parkinson and William Parkinson his guardian by the court of the say king here  to this be joint and several special admit complain that they seize he of one  message with the appurtenance c alliance plead in bar and the say Richard and  Nicholas by William Edward their attorney come and say that the say Robert  ought not to be answer to his writ aforesaid because they say that the say  Robert be a alien bear on the that day of Nov in the rd year of the reign of  the king that now be of England France and Ireland and of Scotland the thirty  nine at Edinburgh within his kingdom of Scotland aforesaid and within the  allegiance of the say lord the king of the say kingdom of Scotland and out of  the allegiance of the say lord the king of his kingdom of England and at the  time of the birth of the say Robert Calvin and long before and continual  afterward the aforesaid kingdom of Scotland by the proper right law and  statute of the same kingdom and not by the right law or statute of this  kingdom of England be and yet be rule and govern and this he be ready to  verify and thereupon pray judgement if the say Robert to his say writ  aforesaid ought to be answer c demurrer and the aforesaid Robert Calvin say  that the aforesaid plea by the aforesaid Richard and Nicholas above plead be  insufficient in law to bar he the say Robert from have a answer to his writ  aforesaid and that the say Robert to the say plea in manner and from aforesaid  plead needs not nor by the law of the land be bind to answer and this he be  ready to verify and hereof pray judgement and that the say Richard and  Nicholas to the aforesaid writ of the say Robert may answer and the say  Richard and Nicholas joinder forasmuch as they have above allege sufficient  matter in law to bar he the say Robert from have a answer to his say writ  which they be ready to verify which matter the aforesaid Robert do not gainsay  nor to the same do in any way answer but the say averment altogether refuse to  admit as before pray judgement if the aforesaid Robert ought to be answer to  his say writ c continuances and because the court of the lord the king here be  not yet advice of give their judgement of and upon the premise day thereof be  give to the party aforesaid before the lord the king at Westminster until  Monday next after eight day of saint Hilary to hear their judgement thereof  because the court of the lord the king here thereof be not yet c and the  assize aforesaid remain to be take before the say lord the king until the same  Monday there c and the sheriff to distrain the recognitors of the assize  aforesaid and in the interim to cause a view c at which day before the lord  the king at Westminster come as well the aforesaid Robert Calvin by his  guardian aforesaid senate advisare valt as the aforesaid Richard smith and  Nicholas smith by their attorney aforesaid and because the court of the lord  the king here of give their judgement of and upon the premise be not yet  advice day thereof be give to the party aforesaid before the lord the king at  Westminster until Monday next after the morrow of the ascension of our lord to  hear their judgement because the court of the lord the king here be not yet c  and the assize aforesaid remain further to be take until the same Monday there  c and the sheriff as before to distrain the recoguitors of the assize  aforesaid and in the interim to cause a view c at which day before the lord  the king at Westminster come as well the aforesaid Robert Calvin by his  guardian aforesaid as the aforesaid Richard smith and Nicholas smith by their  attorney aforesaid c and because the court of the lord the king here c the  question the question of this case as to matter in law be whether Robert  Calvin the plaintiff be bear in Scotland since the crown of England descend to  his majesty be a alien bear and consequent disable to bring any real or  personal action for any land within the realm of England after this case have  be argue in the court of king bench at the bar by the counsel learned of  either party the judge of that court upon conference and consideration of the  weight and importance thereof adjourn the same accord to the ancient and  ordinary course and order of law into the exchequer Chamber to be argue open  there first by the counsel learned of either party and then by all the judge  of England where afterward the case be argue by Bacon solicitor general on the  part of the plaintiff and by Laur hide for the defendant and afterward by  Hobart attorney general for the plaintiff and by sergeant Hutton for the  defendant and in easter term last the case be argue by heron puisne baron of  the exchequer and foster puisne judge of the court of common plea and  ontheseconddayappointed for this case by crook puisne judge of the king bench  and Altham baron of the exchequer the three day by snigge baron of the  exchequer and William one of the judge of the king bench the four day by  Daniel one of the judge of the court of common plea and by Yelverton one of  the judge of the king bench and in Trinity term follow by warbarton one of the  judge of the common plea and Fenner one of the judge of the king bench and  after argue walmesley one of the judge of the common plea and Tanfield chief  baron and at two several day in the same term coke chief justice of the common  plea Fleming change justice of the king bench and sir Thomas Egerton lord  Ellesmere lord chancellor of England argue the case the like plea in  disability of Robert calvin person be plead different to move in the chancery  in a suit there for evidence concern land of inheritance and by the lord  chancellor adjourn also into the exchequer chamber to the end that one rule  may overrule both the say case and first for that I intend to make as summary  a report as I can I will at the first set down such argument and objection as  be make and draw out of this short record against the plaintiff the argument  and objection on the part of the defendant by those that argue for the  defendant it be observe that in this plea there be four noun quatuor nomina  which be call nomina operativa because from they all the say argument and  objection on the part of the defendant be draw that be to say allegiance which  be twice repeat in the plea for it be say infra allegiance domini king  royal power Himself Scotland et extra allegiance domini king royal power  Himself England king which also appear to be twice mention videlicet kingdom  England and kingdom Scotland law which be twice allege videlicet law England  and law Scotland two several and distinct law one born in a foreign land which  be the conclusion of all videlicet that Robert Calvin be  one born in a foreign land to tie by the first it appear that the defendant do  make two allegiance one of England and another of Scotland and from these  several allegiance two argument be frame which brief may be conclude thus  whosoever be bear infra allegiance within the allegiance of king James of his  kingdom of Scotland be one born in a foreign land a alien bear as to the  kingdom of England but Robert Calvin be bear at Edinburgh within the  allegiance of the king of his kingdom of Scotland therefore Robert Calvin be  one born in a foreign land a alien bear as to the kingdom of England whosoever  be bear extra allegiance out of the allegiance of king James of his kingdom of  England be a alien as to the kingdom of England but the plaintiff be bear out  of the allegiance of the king of his kingdom of England therefore the  plaintiff be a alien c both these argument be draw from the very word of the  plea videlicet quoth prediction robertus be stranger born  Novembrisannoregnidomini king nunc England c tertio at Edinburgh infra kingdom  Scotland ac infra allegiance speech domini king speech royal power Himself  Scotland ac extra allegiance speech domini king royal power Himself England  Regna from the several kingdom videlicet kingdom England and kingdom Scotland  three argument be draw when two jura no indeed  two regna to run together in  One mask level ground be ac si make real in to visit but in the king person  there concur two distinct and several kingdom therefore it be all one as if  they be in diverse person and consequent the plaintiff be a alien as all the  ante born be for that they be bear under the allegiance of another king  whatsoever be due to the king several politic capacity of the several kingdom  be several and divide but allegiance of each nation be due to the king several  politic capacity of the several kingdom ergo the allegiance of each nation be  several and divide and consequent the plaintiff be a alien for that they that  be bear under several allegiance be alien one to another where the king have  several kingdom by several title and descent there also be the allegiance  several but the king have these two kingdom by several title and descent  therefore the allegiance be several these three argument be collect also from  the word of the plea before remember law from the several and distinct law of  either kingdom they do reason thus every subject that be bear out of the  extent and reach of the law of England can by judgement of those law be a  natural subject to the king in respect of his kingdom of England but the  plaintiff be bear at Edinburgh out of the extent and reach of the law of  England therefore the plaintiff by the judgement of the law of England can be  a natural subject to the king as of his kingdom of England that subject that  be not at the time and in the place of his birth inheritable to the law of  England can be inheritable or partaker of the benefit and privilege give by  the law of England but the plaintiff at the time and in the place of his birth  be not inheritable to the law of England but only to the law of Scotland  therefore he be not inheritable or to be partaker of the benefit or privilege  of the law of England whatsoever appear to be out of the jurisdiction of the  law of England can be try by the same law but the plaintiff birth at Edinburgh  be out of the jurisdiction of the law of England therefore the same can be try  by the law of England which three argument be draw from these word of the plea  videlicet whoever it be tempore birth praeedictus roberti Calvin ac day before  et continue postea prediction kingdom Scotland per jura law et  to cause to stand the same royal power not common with others et non per jura  law seu to cause to stand what  royal power England to direct et steer to be  et thus far be one born in a foreign land from this word  one born in a foreign land they argue thus every subject that be of another  tribe id be of another ligeantiae be stranger but such a one be the plaintiff  therefore c and to these argument all that be speak learned and at large by  those that argue against the plaintiff may bereduced but it be resolve by the  l chancellor and twelve judge videlicet the chief justice the chief baron  justice Fenner warbarton Yelverton Daniel William baron Snig baron Altham  justice crook and baron heron that the plaintiff be no alien and consequent  that he ought to be answer in this assize by the defendant how this case be  argue by the lord chancellor and the judge this case be as elaborate  substantial and judicial argue by the lord chancellor and by my brother the  judge as I ever read or hear of any and so in I opinion the weight and  consequence of the cause both in present time et continuous going to be time  just deserve for though it be one of the short and least that ever we argue in  this court yet be it the long and weighty that ever be argue in any court the  short in syllable and the long in substance the least for the valve and yet  not tend to the right of that least but the weighty for the consequent both  for the present and for all posterity and therefore it be say that those that  have write de fossilibus do observe that gold hide in the bowel of the earth  be in respect of the mass of the whole earth little in great but of this short  plea it may be true say which be more strange that here be magnum in little  and in the argument of those that argue for the plaintiff I special note that  albeit they speak accord to their own heart yet they speak not out of their  own head and invention wherein they follow the counsel give in God book  interrogam former generation for out of the old field must come the new corn  et carefully to track father memory and diligent search out the judgement of  our forefather and that for diverse reason first on our own part of yesterday  for to be et ignoramus et vita our men  as umbra super earth for we be but of  yesterday and therefore have needs of the wisdom of those that be before we  and have be ignorant if we have not receive light and knowledge from our  forefather and our day upon the earth be but as a shadow in respect of the old  ancient day and time pass wherein the law have be by the wisdom of the most  excellent man in many succession of age by long and continual experience the  trial of right and truth fine and refine which no one man be of so short a  time albeit he have in his head the wisdom of all the man in the world in any  one age can ever have effect or attain unto and therefore it be optima maxim  how no one be true or strong in jure no one it is necessary be to taste of law  no man ought to take upon he to be wise than the law second in respect of our  forefather Self say the text to cause to know te et to speak flute et ex cord  his to carry out expression they shall teach thou and tell thou and shall  utter the word of their heart without all equivocation or mental reservation  they I say that can be daunt with fear of any power above they nor be dazzle  with the applause of the popular about they nor fret with any discontentment  the matter of opposition and contradiction within they but shall speak the  word of their heart without all affection or infection whatsoever also in  their argument of this case concern a alien they tell no strange history cite  no foreign law produce no alien precedent and that for two cause the one for  that the law of England be so copious in this point as God Willing by the  report of this case shall appear the other lest their argument concern a alien  bear shall become foreign strange and a alien to the state of the question  which be questioning law concern freehold and inheritance in England be only  to be decide by the law of this realm and albeit I concur with those that  adjudge the plaintiff to be no alien yet do I find a mere stranger in this  case such a one as the eye of the law our book and book case never see as the  ear of the law our reporter never hear of nor the mouth of the law for judge  be law to speak the judge our forefather of the law never taste I say such a  one as the stomach of the law our exquisite and perfect record of plead entry  and judgement that make equal and true distribution of all case in question  never digest in a word this little plea be a great stranger to the law of  England as shall manifest appear by the resolution of this case and now that I  have take upon I to make a report of their argument the method that the  reporter do use I ought to do the same as true full and sincere as possible I  can howbeit see that almost every judge have in the course of his argument a  peculiar method and I must only hold myself to one I shall give no just  offence to any if I challenge that which of right be due to every reporter  that be to reduce the sum and effect of all to such a method as upon  consideration have of all the argument the reporter himself think to be fit  and clear for the right understanding of the true reason and cause of the  judgement and resolution of the case in question what thing do fall into  consideration in this case in this case thing do fall into consideration  allegiance law Regna one born in a foreign land what legal inconvenience will  ensue on either side concern allegiance it be resolve what allegiance be how  many kind of allegiance there be where allegiance be due to who it be due and  last how it be due for the law that allegiance or obedience of the subject to  the sovereign be due by the law of nature that this law of nature be part of  the law of England that the law of nature be before any judicial or municipal  law in the world that the law of nature be immutable and can be change as  touch the kingdom how far forth by the act of law the union be already make  and wherein the kingdom do yet remain separate and divide of  one born in a foreign land a alien bear what a alien bear be in law the  division and diversity of alien incident to every alien authority in law  demonstrative conclusion upon the premise that the plaintiff can be no alien  upon due consideration have of the consequent of this case what inconvenience  legal shall follow on either party and these several part I will in this  report pursue in such order as they have be propound and first de allegiance  the saint general part what allegiance be allegiance be a true and faithful  obedience of the subject due to his sovereign this allegiance and obedience be  a incident inseparable to every subject for as soon as he be bear he owe by  birth right allegiance and obedience to his sovereign allegiance be vinculum  trust and allegiance be quasi law essence allegiance be ligamentum quasi  a binding the mind because as ligamentum be binding together a joint et  juncturar c as the ligature or string do knit together the joint of all the  part of the body so do allegiance join together the sovereign and all his  subject quasi to make one bandage Glanville who write in the reign of Henry  lib cap speak of the connexion which ought to be between the lord and tenant  that hold by homage say that borrowed debet be rule et faithfulness  binding together ita quoth quantum debet lord ex homage so much that debet  dominus ex rule praeter sun respect and the lord say he ought to defend his  tenant but between the sovereign and the subject there be without comparison a  high and great connexion for as the subject owe to the king his true and  faithful allegiance and obedience so the sovereign be to govern and protect  his subject to carry back etprotegere to put under swine note so as between  the sovereign and subject there be duplex et returning bandage because as  to put under king holding and obedience ita king to put under holding and  protection deservedly therefore  allegiance to say a to tie because  to hold together in see duplex bandage and therefore it be hold in h that  there be a liege or allegiance between the king and the subject and fortescue  cap king and tutelage law substantial object et will do you much good  to put under to raise up be and in the act of parliament of Richard cap and  Richard cap Henry cap c subject be call liege people and in the act of  parliament in Henry cap and Henry cap c the king be call the liege lord of his  subject and with this agree m Skene in hisbook de exposition a word which book  be cite by one of the judge which argue against the plaintiff allegiance be  the mutual bind and obligation between the king and his subject whereby  subject be call his liege subject because they be bind to obey and serve he  and he be call their liege lord because he shall maintain and defend they  whereby it appear that in this point the law of England and of Scotland be all  one therefore it be true say that protection to draw subjugation et  subjugation protection and hereby it plain appear that allegiance do not begin  by the oath in the leet for many man owe true allegiance that never be swear  in a leet and the swear in a leet make no denization as the book be adjudge in  Henry fol this word allegiance be well express by diverse several name or  a sameness of meaning which we find in our book sometime it be call the  obedience or obeisance of the subject to the king obedience king Edward Edward  Richard in the book of entry ejection firm Henry cap Henry cap c sometime he  be call a natural liege man that be bear under the power of the king sub  potestate king Henry title dower vide the statute de Edward cap sometime  allegiance be call faith fides and faith king c Bracton who write in the reign  of Henry lib draw de exception cap fol be now too other exception who be sound  ex mask to seek proper diminution nation ut si quis stranger who to be and  faith king France c and Fleta which book be make in the reign of e agree  therewith for lib c de exception ex omission sharer it be say well to dedicate  to be able quoth nothing law to call to be able tanquam sharing in eastern  quoth be and faith king France because one born in a foreign land  to drive back to withhold in England ab ritual while to be and faith king  England vide Edward de born ultra mare faith and allegiance of the king of  England and Litt lib cap homage save the faith that I owe to our sovereign  lord the king and Glanville lib cap Salva faith debt is owed dom king et heir  n'est sometime allegiance be call ligealty ass pl by all which it evident  appear that they that be bear under the obedience power faith ligealty or  allegiance of the king be natural subject and no alien so as see now it do  appear what allegiance be it follow in order that we speak of the several kind  of allegiance but herein we needs to be very wary for this caveat the law give  where law non to separate nec our to separate to withhold andcertainly law non  to separate but where all membram to divide be to be find out and prove by the  law itself how many kind of Ligeonces there be there be find in the law four  kind of allegiance the first be allegiance physical scientist to set free  free from dirt et to bound and this original be due by nature and birthright  and be call nourishing ligeantia42a and he that owe this be call to put under  born the second be call allegiance acquire  not by nature but by acquisition  or denization be call a denizen or rather donaizon because he be to put under  act of giving the three be allegiance adverbs of place wrought by the law and  that be when a alien that be in amity come into England because as long as he  be within England he be within the king protection therefore so long as he be  there he owe unto the king a local obedience or allegiance for that the one as  it have be say draw the other the four be a legal obedience or allegiance  which be call legal because the municipal law of this realm have prescribe the  order and from of it and this to be do upon oath at the tear or leet  allegiance physical scientist the first that be allegiance natural c appear by  the say act of parliament wherein the king be call natural liege lord and his  people natural liege subject this also do appear in the indictment of treason  which of all other thing be the most curious and certain indict and pen for in  the indictment of the lord Dacre in Henry it be say pillage dominus Dacre  debt is owed trust et ligeant of oneself quoth a saying beforehand lord king  naturally et de jure to hang over to withhold minim curan c and Reginald pool  be indict in Henry for commit treason contra dom'Regemsupremum et  physical scientist owner suum and to this end be cite the indictment of Edward  duke of Somerset in Edward and many other both of ancient and late time but in  the indictment of treason of John dethick in and Ph and mar it be say quoth  pillage Johannes to contrive skilfully c predict owner the battle of Philippi  et owner Mariam that is above lord swine and omit physical scientist because  king Philip be not his natural liege lord and of this point more shall be say  when we speak of local obedience allegiance acquire  the second be ligeant  acquire  or denization and this in the book and record of the law appear to be  threefold absolute as the common denizations be to they and their heir without  any limitation or restraint limit as when the king do grant letter of  denization to a alien and to the heir male of his body as it appear in Edward  fol in Baggot's case or to a alien for term of his life as be grant to John  reynel Henry it may be grant upon condition for pron. interrog. be dare he be  to place here and there whereof I have see diverse precedent and this  denization of a alien may be effect three manner of way by parliament as it be  in Henry in dower by letter patent as the usual manner be and by conquest as  if the king and his subject shall conquer another kingdom or dominion as well  ante born as post born as well they which fight in the field as they which  remain at home for defence of their country or employ elsewhere be all denizen  of the kingdom or dominion conquer of which point more shall be say hereafter  allegiance adverbs of place concern the local obedience it be observable that  as there be a local protection on the king part so there be a local allegiance  of the subject part and this appear in mar Br and and Ph and mar dyer Shirley  a Frenchman be in amity with the king come into England and join with diverse  subject of this realm in treason against the Kingand queen and the indictment  conclude contra ligeant of oneself debt is owed for he owe to the king a local  obedience that be so long as he be within the king protection which local  obedience be but momentary and incertain be strong enough to make a natural  subject for if he have issue here that issue be a natural bear subject a  strong he that be bear under the natural and absolute allegiance of the king  which as it have be say be nourishing allegiance as the plaintiff in the case  in question be ought to be a natural bear subject for adverbs of place  allegiance be allegiance to make low et minima et maxim making indistinct and  it be to be observe that it be nec coelum nec solum neither the climate nor  the soil but allegiance and obedience that make the subject bear for if enemy  shall come into the realm and possess a town or fort and have issue there that  issue be no subject to the king of England though he be bear upon his soil and  under his meridian for that he be not bear under the allegiance of a subject  nor under the protection of the king and concern this local obedience a  precedent be cite in hill Elizabeth when Stephano Ferrara de Gama and Emanuel  lews Tinoco two Portugal bear come into England under queen Elizabeth safe  conduct and live here under her protection join with doctor Lopez in treason  within this realm against her majesty and in this case two point be resolve by  the judge first that their indictment ought to begin that they intend treason  contra owner queen c omit these word physical scientist a house to sew and  ought to conclude contra ligeant of oneself debt is owed but if a alien enemy  come to invade this realm and be take in war he can be indict of treason for  the indictment can conclude contra ligeant of oneself debt is owed for he  never be in the protection of the king nor ever owe any manner of allegiance  unto he but malice and enmity and therefore he shall be put to death by  martial law and so it be in year  Henry in Perkin Warbeck case who be  analienborn in Flanders feign himself to be one of the son of Edward the four  and invade this realm with great power with a intent to take upon he the  dignity royal but be take in the war it be resolve by the justice that he can  not be punish by the commonlaw but before the constable and marshal who have  special commission under the great seal to hear and determine the same accord  to martial law he have sentence to be draw hang and quarter which be execute  accord and this appear in the book of Griffeth attorney general by a extract  out of the book of Hobart attorney general to king Henry allegiance of now be  we to speak of legal allegiance which in our book videlicet Edward title  avowry e fol e title avowry c be call suit royal because that the allegiance  of the subject be only due unto the king this oath of allegiance appear in  Britton who write in year  Edward cap and be yet common in use to this day in  every leet and in our book the effect whereof be you shall swear that from  this day forward you shall be true and faithful to our sovereign lord king  James and his heir and truth and faith shall bear of life and member and  terrene honour and you shall neither know nor hear of any ill or damage intend  unto he that you shall not defend so help you almighty God the substance and  effect hereof be as have be say due by the law of nature ex institution nature  as hereafter shall appear the from and addition of the oath be ex provision  man in this oath of allegiance five thing be observe first that for the time  it be indefinite and without limit from this day forward second two excellent  quality be require that be to be true and faithful three to who to our  sovereign lord the king and his heir and albeit Britton do say to the king of  England that be speak proper excellence to design the person and not to  confine the allegiance for a subject do not swear his allegiance to the king  only as king of England and not to he as king of Scotland or of Ireland c but  general to the king four in what manner and faith and troth shall bear c of  life and member that be until the let out of the last drop of our dear heart  blood five where and in what place ought these thing to be do in all place  whatsoever for you shall neither know nor hear of any ill or damage c that you  shall not defend c so as natural allegiance be not circumscribe within any  place it be hold Henry b that he that be swear in the leet be swear to the  king for his allegiance that be to be true and faithful to the king and if he  be once swear for his allegiance he shall not be swear again during his life  and all letter patent of denization be that the patentee shall behave himself  tanquam spit  et trusty ligeus domini king and this oath of allegiance at the  turn and leet be first institute by king Arthur for so I read Inter law  consecrated eduvardi king ante complaint  cap et quoth all Princeps  et  comites proceres soldier et unconstrained man to withhold to swear falsely c  in Folkemote et similiter all proceres royal power et soldier et unconstrained  man whole world all royal power Britann to make to withhold in full Folkemote  faithfulness lord king c Hanc law come upon arthurus who quondam to be  inclytissimus king britain c what  law authority to drive out arthurus king  the Saracens et enemy  a royal power c et what  law authority ethelderedus  king to make one et to the same place die per whole world kingdom Dane  to strike down vide Lambert inter law king eduvardi c fol et by this it appear  when and from who this legal allegiance have his first institution within this  realm allegiance in the case in question be mean and intend of the first kind  of allegiance that be of allegiance natural absolute c due by nature and birth  right but if the plaintiff father be make a denizen and purchase land in  England to he and his heir and die seize this land shall never descend to the  plaintiff for that the king by his letter patent may make a denizen but can  naturalize he to all purpose as a Act of parliament may do neither can letter  patent make any inheritable in this case that by the commonlaw can inherit and  herewith agree Henry title denizen Br homage be twofold homage in our book be  twofold that be to say homage ligeum and that be as much as allegiance of  which Bracton speak lib c fol soli king debet without rule seu slavery and  there be homage feudal which have his original by tenure in fit nat  short catalog there be a writ for respiting of this late homage which be due  ration fee sive tenure to know quoth respectuamus homage we de land et  property who to hold de we in capite debit but homage ligeum I e allegiance be  inherent and inseparable and can be respite where natural legiance be due now  be we come unto and almost pass the consideration of this circumstance where  natural allegiance shall be due for by that which have be say it appear that  allegiance and faith and truth which be her member and part be quality of the  mind and soul of man and can be circumscribe within the predicament of where  for that be to confound predicament and to go about to drive a absurd and  impossible thing the predicament of quality into the predicament of where non  to answer and haec questioning where be to say spit  et trusty to put under be  say and haec questioning wicker basket be recte et apt to answer spit  et  trusty ligeus c be but yet for the great illustration of the matter this point  be handle by itself and that allegiance of the subject be of as great a extent  and latitude as the royal power and protection of the king et e turning it  appear by the statute of Henry cap and Edward cap that the subject of England  be bind by their allegiance to go with the king c in his war as well within  the realm c as without and therefore we daily see that when either Ireland or  any other of his majesty dominion be infest with invasion or insurrection the  king of England send his subject out of England and his subject out of  Scotland also into Ireland for the withstand or suppress of the same to the  end his rebel may feel the sword of either nation and so may his subject of  Guernsey jersey isle of man c be command to make their sword good against  either rebel or enemy as occasion shall be offer whereas if natural allegiance  of the subject of England shall be local that be confine within the realm of  England or Scotland c then be not they bind to go out of the continent of the  realm of England or Scotland c and the opinion of Thirninge in Henry title  Protect be thus to be understand that a English subject be not compellable to  go out of the realm without wage accord to the statute of Edward c Edward c  Henry c c Henry c Henry c c in year  Edward bigot earl of Norfolk and Suffolk  and earl marshal of England and Bohun earl of Hereford and high constable of  England do exhibit a petition to the king in French which I have see ancient  record on the behalf of the Commons of England concern how and in what sort  they be to be employ in his majesty war out of the realm of England and the  record say that post many men  et A small city of the Sabines contention it be  resolve they ought to go but in such manner and from as after be declare by  the say statute which seem to be but declarative of the commonlaw and this  dothplentifully and manifest appear in our book be true and right understand  in h title protection one have the benefit of a protection for that he be send  into the king war in comitiva of the protector and it appear by the record and  by the chronicle also that this employment be into France the great part  thereof then be under the king actual obedience so as the subject of England  be employ into France for the defence and safety thereof in which case it be  observe that see the protector who be viceroy go the same be adjudge a voyage  royal Henry fol the lord Talbot go with a company of englishmen into France  then also be for the great part under the actual obedience of the king who  have the benefit of their protection allow unto they and here be observe the  word of the writ in the register fol where it appear that man be employ in the  king war out of the realm per teaching nostrum and the usual word of the writ  of protection be in servility our men  Henry fol it appear that englishmen be  press into guyenne Edward into gascoyn with the duke of Lancaster Henry title  protection into gascoyn with the earl of Huntington steward of Guienne Henry  into Ireland and out of this realm with the duke of Gloucester and the lord  knolles vide Henry and it appear in Edward title avowry ass Henry c that there  be forinsecum slavery foreign service which Bracton fol call regale slavery  and in Fitzherbert n b that the king may send man to serve he in his war  beyond the sea but thus much if it be not in so plain a case too much shall  suffice for this point for the king power to command the service of his  subject in his war out of the realm whereupon it be conclude that the  allegiance of a natural bear subject be not local and confine only to England  now let we see what the law say in time of peace concern the king protection  and power of command as well without the realm as within that his subject in  all place may be protect from violence and that justice may equal be  administer to all his subject in the register fol b king whole world et one  admirall castellan jailer  a military camp villar et another fortalitiorum  overseer vicecom mayor custumariis custodib a harbor et to another place  to place of the sea bailiff attend  et other fidel n'est tam in beyond sea how  in cismarinis partib and quos c health to know quoth to take in protection et  defension our men  nor and salv et ax  gardiam our men  wonder to come in  kingdom nostrum England et power our men  tam per earth how per mare come  to make one valetto his ac res ac good to sew whoever and tractand come  selection our men  et faithful l pro redemption prisonarii Self l infra  kingdom et power our men  pillage per sex menses to delay et thence and  not common with others Of persons et therefore c quoth Self wonder come  valetto rebus et good n'est pillage to come in regn et power our men  pillage  tam per land how per mare ibis ut predict be ex cause antedicta to delay et  thence and not common with others Of persons manuteneatis to cover before et  to ward off non to bring in c seu gravamen et si quid the dawn forisfactum c  to shape again to make in pron. interrog. c per sex menses to make hard t c in  which writ thing be to be observe that the king have faith et trusty in partib  beyond sea that he have protection in partib beyond sea that he have power in  birth beyond sea in the register foe king whole world et one admirallis  garrison  jailer  a military camp a country et another fortalitiorum overseer  vicecom mayor custumariis custodib a harbor et to another place to place  of the sea bailiff female attendant et other trusty n'est tam in beyond sea  how in cismarinis birth and quos c health to know quoth to take in protection  et a defending our men  nor in salv et ax  contraction our men  I valettum p  et l Burgensium de lion hostage our who de freedom our men  and part  beyond sea to make headway be pro finantia a master of oneself predict  to hold fast well to bring away to go and part prediction ibidem to delay et  thence in England Of persons et therefore thou mandamus quoth the same I to go  and part pillage ibidem to delay et thence in England Of persons ut pillage be  in mask good or rebus n'est non to bring in seu quantum in thou be ab other  to bring in to let pass in an unjust manner trouble c or gravamen say the dawn  rather salv et ax  contraction come per loca passus seu to draw asunder your  to go over et super hoc require to be n'est cost to have to make et si quid  the dawn forisfactum to be c to shape again to make in pron. interrog. c per  tres ann harden t c and certain this be when lion in France border upon  Burgundy a ancient friend to England be under the actual obedience of king  Henry the for the king command trusty n'est his faithful magistrate there that  if any injury be there do it shall be by they reform and redress and that they  shall protect the party in his person and good in peace in the register fol  two other writ king omnibus seneschallis mayor to swear falsely pair overseer  bailiff et trusty n'est in leadership Aquitaine and quos c health because  beloved we t et a fellow citizen community Burdegal in person we in Cancellar  nost England et Aquitan jura to sew to follow et to fear ex  having appearance of truth conjecture per a certain Himself to drive together  tam in corpore how in rebus n'est Himself posse grave damnum to bring in  to kneel down we Himself de protection regius to see in advance our willing  speech t et a ab a pressing down that is not owed praeservare to take Self t  et a res ac legitimate possession et good to sew whoever in protection et salv  gardiam our men  not general et thou et who your injungim et mandamus quoth  Self t et a household res ac good to sew whoever a violence et trouble  that is not owed to ward off et Self in justice possession n'est manuteneatis  et si quid in precedent what  protection et salv gardiae nost attempts to draw  to come upon and position debt is owed to lead back et ne quis see to be able  per ignorance to excuse present circumstance protection et salv gardiam  our men  to make in region de who require to be infradistrict your publice  flows into to hold in omnibus et one sub Carthaginian heavy ne speech a et t  seu slave  n'est in mask seu rebus n'est in an unjust manner trouble damnum  some to bring in seu gravamen et penocellas our men  in region et good Self t  et a in signum protection et sal gard remember come super hoc require to be  to put at in pron. interrog. c dat in the Palatine hill our men  Westminster  sub great seal testimony sexto die Augusti year  e king whole world et one  seneschallis constabular garrison  place in command a silver mina  et omnib  bailiff et trusty n'est in rule our men  Aquitan agreed price and quos c salut  willing g et r uxorom he favor attendance gracious Self g et r man et  household urge ac legitimate possession et good to sew whoever to take in  protection et a defending our men  nor in salv gardiam our men  not general et  therefore thou et who your injungim et mandamus quoth Self g et r the dawn man  household urge ac legitimate possession et good to sew whoever manuteneatis  to cover before et to ward off non to bring in the dawn seu quantum in thou be  ab other to bring in to let pass in an unjust manner trouble damnum violence  hindrance some seu gravamen et si quid the dawn forfeit to do an injury well  contra choose not owed attempts to draw to be id the dawn without dilation  shoelace et and position debt is owed to lead back to make prout and thou et  who your to get knowledge of to stretch out penocellas super house n'est in  signum present circumstance salv gardiae our men  prout custom to be to make  in pron. interrog. c per One annum to make hard t c by all which it be  manifest that the protection and government of the king be general over all  his dominion and kingdom as well in time of peace by justice as in time of war  by the sword and that all be at his command and under his obedience now see  power and protection draw allegiance it follow that see the king power command  and protection extend out of England that allegiance can be local or confine  within the bind thereof he that be abjure the realm who repudiate  kingdom  to send away kingdom say non king to send away native land say non father  native land for notwithstanding the abjuration he owe the king his allegiance  and he remain within the king protection for the king may pardon and restore  he to his country again so as see that allegiance be a quality of the mind and  not confine within any place it follow that the plea that do confine the  allegiance of the plaintiff to the kingdom of Scotland infra allegiance king  royal power Himself scotica et extra allegiance king royal power Himself  England whereby the defendant do make one local allegiance for the natural  subject of England and another local allegiance for the natural subject of  Scotland be utter unsufficient and against the nature and quality of natural  lineage as often it have be say and coke chief justice of the court of common  plead cite a rule case out of Hingham's report tempore e which in his argument  he show in court write in parchment in a ancient hand of that time constancy  de n bring a writ of Ayel against Roger de Cobledike and other nam in the writ  and count that from the seize of Roger her grandfather it descend to Gilbert  his son and from Gilbert to constancy as daughter and heir Sutton dit sir el  ne doit este respond pur Ceo and el be Francois et nient de la allegiance ne a  la foy Dengliterre et demand judgement S Elizabeth doit action aver that she  be not to be answer for that she be a French woman and not of the allegiance  nor of the faith of England and demand judgement if she this action ought to  have Bereford then chief justice of the court of common plea by the rule of  the court disallow the plea for that it be too short in that it refer  allegiance and faith to England and not to the king and thereupon Sutton say  as follow sir nous voilomous aver and el ne be my de la allegiance Dengliterre  ne a la foy Le roy et demand judgement et si vous agardes and el doit este  respond nous dirromus asset that be sir we will aver that she be not of the  allegiance of England nor of the faith of the king and demand judgement c  which late word of the plea nor of the faith of the king refer faith to the  king indefinite and general and restrain not the same to England and thereupon  the plea be allow for good accord to the rule of the court for the book say  that afterward the plaintiff desire leave to depart from her writ the rule of  that case of Cobledike do as coke chief justice say over rule this case of  Calvin in the very point now in question for that the plea in this case do not  refer faith or allegiance to the king indefinite and general but limit and  restrain faith and allegiance to the kingdom extra allegiance king royal power  Himself England out of the allegiance of the king of his kingdom of England  which afterward the lord chancellor and the chief justice of the king bench  have copy of the say ancient report affirm in their argument so as this point  be thus conclude quoth allegiance physical scientist no one monastery  to enclose on all sides no one metis refraenatur no one boundary to press to  who and how allegiance be due by that which have be say it appear that this  allegiance be due only to the king so as therein the question be not now who  say quomodo to withhold it be true that the king have two capacity in he one a  natural body be descend of the blood royal of the realm and this body be of  the creation of almighty God and be subject to death infirmity and such like  the other be a politic body or capacity so call because it be frame by the  policy of man and in Edward b be call a mystical body and in this capacity the  king be esteem to be immortal invisible not subject to death infirmity infancy  nonage c vide pl come in the case of the lord Berkeley and in the case of the  duchy Edward and ass pl now see the king have but one person and several  capacity and one politic capacity for the realm of England and another for the  realm of Scotland it be necessary to be consider to which capacity allegiance  be due and it be resolve that it be due to the natural person of the king  which be ever accompany with the politic capacity and the politic capacity as  it be appropriate to the natural capacity and it be not due to the politic  capacity only that be to his crown or kingdom distinct from his natural  capacity and that for diverse reason first every subject as it have be affirm  by those that argue against the plaintiff be presume by law to be swear to the  king which be to his natural person and likewise the king be swear to his  subject as it appear in Bracton lib de act cap fol which oath he take in his  natural person for the politic capacity be invisible and immortal nay the  politic body have no soul for it be frame by the policy of man in all  indictment of treason when any do intend or compass death et destruction  domini king which must needs be understand of his natural body for his politic  body be immortal and not subject to death the indictment conclude contra  ligeantiae of oneself debt is owed ergo the allegiance be due to the natural  body Vid fit justice of peace et pl come in the earl of Leicester case it be  true that the king in noble birth die not but no question in atom he die as  for example Henry the eight Edward the six c and queen Elizabeth die otherwise  you shall have many king at once in et Ph et mar dyer one constable disperse  diverse bill in the street in the night in which be write that king Edward the  six be alive in France c and in Coeman street in London he point to a young  man and say that he be king Edward the six and this be speak de atom and  accompany with other circumstance be resolve to be high treason for the which  constable be attaint and execute a body politic be invisible can as a body  politic neither make nor take homage vide Henry title fealty brook in faith in  faith or allegiance nothing ought to be feign but ought to be ex faith non  a deception the king hold the kingdom of England by birthright inherent by  descent from the blood royal whereupon succession do attend and therefore it  be usual say to the king his heir and successor wherein heir be first nam and  successor be attendant upon heir and yet in our ancient book succession and  successor be take for hereditance and heir Bracton lib de acquirend a thing  rule c et sciend be quoth inheritance be succession  in whole world law quoth  death antecessor to have ex cause wherever acquisition well succession  et  alibi relation by marriage jure no one succession  to let pass but the title  be by descent by queen Elizabeth death the crown and kingdom of England  descend to his majesty and he be full and absolute thereby king without any  essential ceremony or act to be do ex post facto for coronation be but a royal  ornament and solemnization of the royal descent but no part of the title in  the first year of his majesty reign before his majesty coronation Watson and  clarke seminary priest and other be of opinion that his majesty be no complete  and absolute king before his coronation but that coronation do add a  confirmation and perfection to the descent and therefore observe their  damnable and damn consequent that they by strength and power may before his  coronation take he and his royal issue into their possession keep he prisoner  in the tower remove such counsellor and great officer as please they and  constitute other in their place c and that these and other act of like nature  can not be treason against his majesty before he be a crown king but it be  clear resolve by all the judge of England that present by the descent his  majesty be complete and absolute king without any essential ceremony or act to  be do ex post facto and that coronation be but a royal ornament and outward  solemnization of the descent and this appear evident by infinite precedent and  book case as take one example in a case so clear for all king Henry the six be  not crown until the eight year of his reign and yet diverse man before his  coronation be attaint of treason of felony c and he be as absolute and  complete a king both for matter of judicature as for grant c before his  coronation as he be after as it appear in the report of the and year of the  same king and the like may be produce for many other king of this realm which  for brevity in a case so clear I omit but which it manifest appear that by the  law of England there can be no inter kingdom within the same if the king be  seize of land by a defeasible title and die seize this descent shall toll the  entry of he that right have as it appear by Edward but if the next king have  it by succession that shall take away no entry as it appear by Littleton fol  if a seize of a infant convey the land to the king who die seize this descent  take away the entry of the infant as it be say in Henry fol lib ass pl blow  come where the case be king Henry the three give a manor to his brother the  earl of Cornwall in tail at what time the same be a feesimple conditional king  Henry the three die the earl before the statute of gift conditional have no  issue by deed exchange the manor with warranty for other land in fee and die  without issue and the warranty and asset descend upon his nephew king Edward  the first and it be adjudge that this warranty and asset which descend upon  the natural person of the king bar he of the possibility of reverter in the  reign of Edward the second the Spencer the father and the son to cover the  treason hatch in their heart invent this damnable and damn opinion that homage  and oath of allegiance be more by reason of the king crown that be of his  politic capacity than by reason of the person of the king upon which opinion  they infer execrable and detestable consequence if the king do not demean  himself by reason in the right of his crown his liege be bind by oath to  remove the king see that the king can not be reform by suit of law that ought  to be do per aspert that his liege be bind to govern in aid of he and in  default of he all which be condemn by two parliament one in the reign of  Edward the second call exile hugonis Le Spencer and the other in year  Edward  cap Bracton lib de acquirend a thing rule c fol say thus be for crown king  to make the whole of the laws et judge et to hold peace et without who crown  to stand still non to be able nec to hold hujusmodi autem jura sive  jurisdiction and personas well property to bear non to be able nec a  private citizen mask to have and hold nec use nec performance law nisi hoc  datum to be ei over as jurisdiction refer to refer to non to be able quin  of order to stay behind come Self king et lib de act cap fol to disjoin autem  debet king come sit God that supplies a place in land law ab  in an unjust manner oequam ab to render unfavorable ut all Himself lying near  honest vivre et quoth nullus other to hurt et quoth unicuique quoth suum to be  virtue contribution  To give back in respect whereof one say that Corona be  quasi cor to fit out pron. interrog. equipment are pity et justicia and  therefore a king crown be a hieroglyphic of the law where justice c be  administer for so say p Val lib page crown to say law judgment be therefore  quoth that which is fixed be chain to fold together who vita our men  just as  to bind back to enclose on all sides therefore if you take that which be  signify by the crown that be to do justice and judgement to maintain the peace  of the land c to separate right from wrong and the good from the ill that be  to be understand of that capacity of the king that in rei in point of fact  have capacity and be adorn and endue with endowment as well of the soul as of  the body and thereby able to do justice and judgement accord to right and  equity and to maintain the peace c and to find out and discern the truth and  not of the invisibleandimmortal capacity that have no such endowment for of  itself it have neither soul nor body and where diverse book and act of  parliament speak of the allegiance of England as Edward title cosinage Edward  Edward title Br Edward set up de born ultra mare all these and other speak  brief in a vulgar manner for to speak ut vulgus and not plead for  to discern by sense ut learned be to be understand of the allegiance due by  the people of England to the king for no man will affirm that England itself  take it for the continent thereof do owe any allegiance or faith or that any  faith or allegiance shall be due to it but it manifest appear that the  allegiance or faith of the subject be proprium quarto modus to the king omni  soli et always and oftentimes in the report of our book case and in act of  parliament also the crown or kingdom be take for the king himself as in  Fitzherbert I e of the politic capacity nature short catalog fol tenure in  capite be a tenure of the crown and be a seignory in gross that be of the  person of the king and so be Henry dyer fol a tenure in chief as of the crown  be mere a tenure of the person of the king and therewith agree Henry title  tenure Br the statute of Henry cap ultimo give prior alien which be conventual  to the king and his heir by which gift say Henry the same be annex to the  crown and in the say Act of Edward whereas it be say in the beginning within  the allegiance of England it be twice afterward say in the same Act within the  allegiance of the king and yet all one allegiance due to the king so in Edward  fol where it be first say the allegiance of England it be afterward in the  same case call the allegiance of the king wherein though they use several  manner and phrase of speech yet they intend one and the same allegiance so in  our usual Commission of assize of gaol delivery of oyer and terminer of the  peace c power be give to execute justice secundum law et experience  royal power our men  England and yet Littleton lib in his chapter of  villeinage fol in disable of a man that be attaint in a praemunire say that  the same be the king law and so do the register in the Writ of and jura regius  style the same the reason wherefore the king by judgement of law with a  politic capacity the reason and cause wherefore by the policy of the law the  king be a body politic be three videlicet cause grandeur cause need and cause  usefulness first cause grandeur the king can give or take but by matter of  record for the dignity of his person second cause need as to avoid the  attainder of he that have right to the crown as it appear in Henry lest in the  interim there shall be a interregnum which the law will not suffer also by  force of this politic capacity though the king be within age yet may he make  lease and other grant and the same shall bind he otherwise his revenue shall  decay and the king shall not be able to reward service c last cause usefulness  as when land and possession descend from his collateral ancestor be subject as  from the earl of march c to the king now be the king seize of the same in jure  coronae in his politic capacity for which cause the same shall go with the  crown and therefore albeit queen Elizabeth be of the half blood to queen marry  yet she in her body politic enjoy all those feesimple land as by the law she  ought no collateral cousin of the whole blood to queen marry ought to have the  same and these be the cause wherefore by the policy of the law the king be  make a body politic so as for these special purpose the law make he a body  politic immortal and invisible whereunto our liegance can appertain but to  conclude this point our liegance be due to our natural liege sovereign descend  of the blood royal of the king of this realm and thus much of the first  general part de allegiance de law the second general part now follow the  second part de law wherein these part be consider first that the allegiance or  faith of the subject be due unto the king by the law of nature second that the  law of nature be part of the law of England three that the law of nature be  before any Judicial or municipal law fourthly that the law of nature be  immutable the law of nature the law of nature be that which God at the time of  creation of the nature of man infuse into his heart for his preservation and  direction and this be law of an age the moral law call also the law of nature  and by this law write with the finger of God in the heart of man be the people  of God a long time govern before that law be write by Moses who be the first  reporter or writer of law in the world the apostle inthe second chapter to the  Roman say come for gentes who law non to have naturally she who law are  fanciunt and this be within that commandment of the moral law Honora father  which doubtless do extend to he that be pater native land and the apostle say  all men  anima power uplifted to put under sit and these be the word of the  great divine Hoc Deus in Sacris scripture jubet hoc law nature to dictate ut  who to put under to give ear see superus and Aristotle nature secretary lib  Aethic say that law natural be quoth at all man the same to have force and  herewith do agree Bracton lib cap and fortescue cap and doctor and student cap  and and the reason hereof be for that God and nature be one to all and  therefore the law of God and nature be one to all by this law of nature be the  faith allegiance and obedience of the subject due to his sovereign or superior  and Aristotle Politicorum prove that to command and to obey be of nature and  that magistracy be of nature for whatsoever be necessary and profitable for  the preservation of the society of man be due by the law of nature but  magistracy and government be necessary and profitable for the preservation of  the society of man therefore magistracy and government be of nature and  herewith accord Tully lib de law Sineimperio nec house any nec community nec  gens nec man whole world genus stare nec ipse finally universe to be able this  law of nature which indeed be the eternal law of the creator infuse into the  heart of the creature at the time of his creation be two thousand year before  any law write and before any Judicial or municipal law and certain it be that  before Judicial or municipal law be make king do decide cause accord to  natural equity and be not tie to any rule or formality of law but do dare jura  and this appear by fortescue cap and by Virgil that philosophical poet that  Aeneid Hoc Cassandra gestamen to be come jura peremptory or urgent call more  dart poplar tree and that Aeneid to rejoice royal power of Troy Acestes  to declare publicly forum et father that jura peremptory or urgent call and  Pomponius lib cap de origin law affirm that in Tarquinius Superbus's time  there be no civil law write and that one of the rural tribes reduce certain  observation into write which be call Jus civil Papirianum now the reason  wherefore law be make and publish appear in fortescue cap and in Tully lib  a service at come law like ab to make one man man non  to follow invention are  law now it appear by demonstrative reason that allegiance faith and obedience  of the subject to the sovereign be before any municipal or Judicial law for  that government and subjection be long before any municipal or Judicial law  for that it have be in vain to have prescribe law to any but to such as owe  obedience faith and allegiance before in respect whereof they be bind to obey  and observe they in vain for rest from work law nisi to put under et obedient  see then that faith obedience and allegiance be due by the law of nature it  follow that the same can be change or take away for albeit Judicial or  municipal law have inflict and impose in several place or at several time  diverse and several punishment and penalty for breach or not observance of the  law of nature for that law only consist in command or prohibit without any  certain punishment or penalty yet the very law of nature itself never be nor  can be alter or change and therefore it be certain true that Jura  physical scientist are unchangeable and herewith agree Bracton lib cap and  doctor and student cap and and this appear plain and plentiful in our book if  a man have a ward by reason of a signiory and be outlaw he forfeit the  wardship to the king but if a man have the wardship of his own son or daughter  which be his heir apparent and be outlaw he do not forfeit this wardship for  nature have annex it to the person of the father as it appear in Henry et bone  king nothing a good patre full et native land to say a patre because to have  common feature father who be pater native land in the same manner maris et  foeminae conjunction  be de jure nature as Bracton in the same book and  chapter and saint Germin in his book of the doctor and student cap do hold now  if he that be attaint of treason or felony be slay by one that have no  authority or execute by he that have authority but pursue not his warrant in  this case his old son can have no appeal for he must bring his appeal as heir  which be ex provision man he lose it by the attainder of his father but his  wife if any he have shall have a appeal because she be to have her appeal as  wife which she remain notwithstanding the attainder because maris et foeminae  conjunction  be de jure nature and therefore it be to be intend of true and  right matrimony be indissoluble and this be prove by the book in Henry fol so  if there be mother and daughter and the daughter be attaint of felony now can  she be heir to her mother for the cause aforesaid yet after her attainder if  she kill her mother this be parricide and petit treason for she remain her  daughter for that be of nature and herewith agree Edward b if a man be attaint  of felony or treason he have lose the king legal protection for he be thereby  utter disable to sue any action real or personal which be a great disability  than a alien in league have and yet such a person so attaint have not lose  that protection which by the law of nature be give to the king for that be  imperishable et unchangeable andtherefore the king may protect and pardon he  and if any man kill he without warrant he shall be punish by the law as a  manslayer and thereunto accord Edward and Henry ass pl by the statute of  Edward cap a man attaint in a praemunire be by express word out of the king  protection general and yet this extend only to legal protection as it appear  by Littleton fol for the parliament can not take away that protection which  the law of nature give unto he and therefore notwithstanding that statute the  king may protect and pardon he and though by that statute it be further enact  that it shall be do with he as with a enemy by which word any man may have  slay such a person as it be hold in Henry title Coron Br until the statute  make year  Elizabeth cap yet the king may protect and pardon he a man outlaw  be out of the benefit of the municipal law for so say Fitzherbert nat  short catalog Utlagatus be quasi extra law situation and Bracton lib tract cap  say that caput to bear about lupin and yet be he not out either of his natural  allegiance or of the king natural protection for neither of they be tie to  municipal law but be due by the law of nature which as have be say be long  before any Judicial or municipal law and therefore if a man be outlaw for  felony yet be he within the king natural protection for no man but the sheriff  can execute he as it be adjudge in lib ass pl every subject be by his natural  allegiance bind to obey and serve his sovereign c it be enact by the  parliament of Henry that no man shall serve the king as sheriff of any county  above one year and that notwithstanding any clause of non to stand before to  the contrary that be to say notwithstanding that the king shall express  dispense with the say statute howbeit it be agree in Henry that against the  express purview of that act the king may by a special non to stand before  dispense with that act for that the act can not bar the king of the service of  his subject which the law of nature do give unto he by these and many other  case that may be cite out of our book it appear how plentiful the authority of  our law be in this matter wherefore to conclude this point and to exclude all  that have be or can be object against it if the obedience and allegiance of  the subject to his sovereign be due by the law of nature if that law be parcel  of the law as well of England as of all other nation and be immutable and that  post born and we of England be unite by birth right in obedience and  allegiance which be the true cause of natural subjection by the law of nature  Itfolloweth that Calvin the plaintiff be bear under one allegiance to one  kingi e of Scotland can be a alien bear and there be great reason that the law  of nature shall direct this case wherein five natural operation be remarkable  first the king have the crown of England by birth right be natural procreate  of the blood royal of this realm second Calvin the plaintiff naturalize by  procreation and birth right since the descent of the crown of England three  allegiance and obedience of the subject to the sovereign due by the law of  nature fourthly protection and government due by the law of nature five this  case in the opinion of diverse be more doubtful in the beginning but the  further it proceed the clear and strong it grow and therefore the doubt grow  from some violent passion and not from any reason ground upon the law of  nature because  how much to greater extent forcible movement who fit contra  nature appropinquate and suum that which divides tanto lame et slow are he  movement say physical scientist movement  how much to greater extent  appropinquate at suum that which divides tanto strong et swift are he movement  hereby it appear how weak the objection ground upon the rule of Quanto two  jura to run together in One mask c be for that rule hold not in personal thing  that be when two person be necessary and inevitable require by law as in the  case of a alien bear there be and therefore no man will say that now the king  of England can make war or league with the king of Scotland et such de  the other and so in case of a alien bear you must of necessity have two  several allegiance to two several person and to conclude this point concern  law non to make safe difference to have royal power say regnant non  a fatherland say father a fatherland non coronar say crowner non law  of a municipality say king grandeur and therefore thus be direct and clear  answer as well the objection draw from the severalty of the kingdom see there  be but one head of both and the post born and we join in allegiance to that  one head which be friendly relationship et tanquam oculus of this case as also  the distinction of the law see that allegiance of the subject of both kingdom  be due to their sovereign by one law and that be the law of nature the d  general part concern both kingdom for the three it be first to be understand  that as the law have wrought four union so the law do still make four  separation the first union be of both kingdom under one natural liege  sovereign king and so acknowledge by the Act of parliament of recognition the  second be a union of allegiance and obedience of the subject of both kingdom  due by the law of nature to their sovereign and this union do suffice to rule  and over rule the case in question and this in substance be but a unite of the  heart of the subject of both kingdom one to another under one head and  sovereign the three union be a union of protection of both kingdom equal  belong to the subject of either of they and therefore the two first argument  or objection draw from two suppose several allegiance be fallacious for they  do  to disjoin conjungend the four union and conjunction be of the three lion  of England and that one of Scotland unite and quarter in one escutcheon  concern the separation yet remain first England and Scotland remain several  distinct kingdom they be govern by several judicial or municipal law they have  several distinct and separate parliament each kingdom have several nobility  for albeit a postnatus in Scotland or any of his posterity be the heir of a  nobleman of Scotland and by his birth be legitimate in England yet he be none  of the peer or nobility of England for his natural allegiance and obedience  due by the law of nature make he a subject and no alien within England but  that subjection make he not noble within England for that nobility have his  original by the king creation and not of nature and this be manifest by  express authority ground upon excellent reason in our book if a baron viscount  earl marquis or duke of England bring any action real or personal  andthedefendantpleadeth in abatement of the writ that he be no baron viscount  earl c and thereupon the demandant or plaintiff take issue this issue shall  not be try by jury but by the record of parliament whether he or his ancestor  who heir he be be call to serve there as a Peer and one of the nobility of the  realm and so be our book adjudge in ass Edward h Elizabeth dyer vide in the  part of my report in the countess of Rutland case so as the man that be not de  jure a Peer or one of the nobility to serve in the upper house of the  parliament of England be not in the legal proceed of law account noble within  England and therefore if a county of France or Spain or any other foreign  kingdom shall come into England he shall not here sue or be sue by the name of  county c for that he be none of the noble that be member of the upper house of  the parliament of England and herewith agree the book case of Edward and  Edward title Bre like law it be and for the same reason of a earl or baron of  Ireland he be not any Peer or of the nobility of this realm and herewith agree  the book in Richard title wooer pl ultim where in a action of debt process of  outlawry be award against the earl of Ormond in Ireland which ought not to  have be if he have be noble here vide dyer Elizabeth but yet there be a  diversity in our book worthy of observation for the high and low dignity be  universal for if a king of a foreign nation come into England by the leave of  the king of this realm as it ought to be in this case he shall sue and be sue  by the name of a king and herewith agree Edward title Br where the case be  that Alice which be the wife of r de oh bring a writ of dower against John  earl of Richmond and the writ be take or receive in advance Johann comit  richmondiae guard land et heir of William the son of r de oh the tenant plead  that he be duke of Britain not nam duke judgement of the writ but it be rule  that the writ be good for that the dukedom of Britain be not within the realm  of England but there it be say that if a man bring a writ against Edward  Balliol and name he not king of Scotland the writ shall abate for the cause  aforesaid and hereof there be a notable precedent in Fleta lib cap where treat  of the jurisdiction of the king court of Marshalsea it be say et haec all ex  duty his to be for sale to make to be able sacred scripture  seneschal aul  hospitality king non obstantealicujus freedom now too in another royal power  dumb yet party in law suit in hospitality king to be able to come upon  secundum quoth to touch parish year  Edward de Engelramo de Nogent capacity in  hospitality king England Self king tunc at Parisiam existent come paten   silver to rage recenter super facto king France tunc present et unde although  senate king France de pillage robber per garrison  parish to strive for to be  condition hic et ind treaty in council king France tandem to look at closely  to be quoth king England that regius tribe which voted first et hospitality  Himself privilegi act. et to rejoice who in person Roberto Fitzherbert John  soldier tunc hospitality king England seneschallo de brigandage intimacy per  gaze of looking he cur to be to hang up in forkshaped yoke consecrated Germani  de Pratis which prove that though the king be in foreign kingdom yet he be  judge in law a king there the other part of the say diversity be prove by the  book case in Edward fol where in a writ of debt bring by sir John Douglas  knight against Elizabeth Molford the defendant demand judgement of the writ  for that the plaintiff be a earl of Scotland but not of England and that our  sovereign lord the king have grant unto he safe conduct not nam by his name of  dignity judgement of the writ c and there justice Littleton give the rule the  plaintiff say he be a earl in Scotland but not in England and if our sovereign  lord the king grant to a duke of France a safe conduct to merchandise and  enter into his realm if the duke come and bring merchandise into this land and  be to sue a action here he ought not to name himself duke for he be not a duke  in this land but only in France and these be the very word of that book case  out of which I collect three thing first that the plaintiff be nam by the name  of a knight wheresoever he receive that degree of dignity vide Henry b accord  second that a earl of another nation or kingdom be no earl to be so nam in  legal proceed within this realm and herewith agree the book of Edward the earl  of Richmond case before recite three that albeit the king by his letter patent  of safe conduct do name he duke yet that appellation make he no duke to sue or  to be sue by that name within England so as the law in these point apparent in  our book be observe and right understand it appear how causeless their fear be  that the adjudge of the plaintiff to be no alien shall make a confusion of the  nobility of either kingdom the that general part de stranger now be we in  order come to the four Noun which be the four general part  one born in a foreign land wherein six thing do fall into consideration who be  one born in a foreign land a alien bear by the law of England how many kind of  alien bear there be what incident belong to a alien bear the reason why a  alien be not capable of inheritance or freehold within England example  resolution and judgement report in our book in all succession of age prove the  plaintiff to be no alien demonstrative conclusion upon the premise approve the  same who be a alien a alien be a subject that be bear out of the allegiance of  the king and under the allegiance of another and can have no real or personal  action for or concern land but in every such action the tenant or defendant  may plead that he be bear in such a country which be not within allegiance of  the king and demand judgement if he shall be answer and this be in effect the  description which Littleton himself make lib cap Villen fol  one born in a foreign land be of another tribe seu alience ligeantiae who  now too to say foreigner another foreign from without c from without be  to put under who extra earth I e power king born be and the usual and right  plead of a alien bear do lively and true describe and express what he be and  therein two thing be to be observe that the most usual and best plead in this  case be both exclusive and inclusive videlicet extra allegiance domini king c  et infra allegiance of one another king as it appear in Edward book of entry  fol c which can possible be plead in this case for two cause first for that  one king be sovereign of both kingdom second one allegiance be due by both to  one sovereign and in case of a alien there must of necessity be several king  and several allegiance second no plead be ever extra kingdom or extra law  which be circumscribe to place but extra allegiance which as it have be say be  not local or tie to any place it appear by Bracton lib tract cap fol that  Canute the Danish king have settle himself in this kingdom in peace keep  notwithstanding for the better continuance there of great army within this  realm the peer and noble of England distaste this government by arm and army  to hate hawk  because always to live in arms  wise and politic persuade the  king that they will provide for the safety of he and his people and yet his  army carry with they many inconvenience shall be withdraw and therefore offer  that they will consent to a law that whosoever shall kill a alien and be  apprehend and can not acquit himself he shall be subject to justice but if the  manslayer flee and can not be take then the town where the man be slay shall  forfeit mark unto the king and if the town be not able to pay it then the  hundred shall forfeit and pay the same unto the king treasure whereunto the  king assent this law be pen whoever to strike down Francigenam c not exclude  other alien but put France a Frenchman for example that other must be like  unto he in owe several allegiance to a several sovereign that be to be extra  allegiance king England and infra ligeanitiam of one another king and it  appear before out of Bracton and Fleta that both of they use the same example  in describe of a alien and faith king France and it be hold that except it can  be prove that the party slay be a Englishman that he shall be take for a alien  and this be call Englesherie Englesheria that be a proof that the party slay  be a Englishman hereupon Canute present withdraw his army and within a while  after lose his crown and the same be restore to his right owner the say law of  Englesherie continue until Edward cap and then the same be by Act of  parliament oust and abolish so among the law of William the first publish by  master Lambert fol all men  France there put for example as before be say to  express what manner of person stranger shall be who tempore edvardi relative  our men  to be sharing in law et custom the Angli that be make denizen quoth  to say and scot et lot to unravel secundum law the Angli how many kind of  alien there be every man be either one born in a foreign land a alien bear or  to put under a subject bear every alien be either a friend that be in league c  or a enemy that be in open war c every alien enemy be either pro tempore  temporary for a time or continuous perpetual or specifically permission permit  especial every subject be either born bear or act of giving give or make and  of these brief in their order a alien friend as at this time a germane a  Frenchman a Spaniard c all the king and prince in Christendom be now in league  with our sovereign but a scot be a subject can be say to be a friend nor  Scotland to be solum clothe may by the commonlaw have require and get within  this realm by gift trade or other lawful mean any treasure or good personal  whatsoever as well as any Englishman and may maintain any action for the same  but land within this realm or house but for their necessary habitation only  alien friend can acquire or get nor maintain any action real or personal for  any land or house unless the house be for their necessary habitation for if  they shall be disable to acquire and maintain these thing it be in effect to  deny unto they trade and traffic which be the life of every island but if this  alien become a enemy as all alien friend may then be he utter disable to  maintain any action or get any thing within this realm and this be to be  understand of a temporary alien that be a enemy may be a friend or become a  friend may be a enemy but a perpetual enemy though there be no war by fire and  sword between they can maintain any action or get any thing within this realm  all infidel be in law continuous unfriendly perpetual enemy for the law  presume not that they will be convert that be to move back force a remote  possibility for between they as with the devil who subject they be and the  Christian there be perpetual hostility and can be no peace for as the apostle  say cor who autem assembly Christ and Belial or who pars faithful come  not to be trusted and the law say judaeo the most Christian no one  to be a servant possession sin for be who Christ to take away blasphemer  Christ in slavery chain to hold off register infidel are Christ et  the most Christian unfriendly and herewith agree the book in Henry fol where  it be hold that a pagan can have or maintain any action at all by what law  kingdom get by conquest c shall be govern and upon this ground there be a  diversity between a conquest of a kingdom of a Christian king and the conquest  of a kingdom of a infidel for if a king come to a Christian kingdom by  conquest see that he have vitae et death power he may at his pleasure alter  and change the law of that kingdom but until he do make a alteration of those  law the ancient law of that kingdom remain but if a Christian king shall  conquer a kingdom of a infidel and bring they under his subjection there Self  facto the law of the infidel be abrogate for that they be not only against  Christianity but against the law of God and of nature contain in the Decalogue  and in that case until certain law be establish among they the king by himself  and such judge as he shall appoint shall judge they and their cause accord to  natural equity in such sort as king in ancient time do with their kingdom  before any certain municipal law be give as before have be say but if a king  have a kingdom by title of descent there see by the law of that kingdom he do  inherit the kingdom he can change those law of himself without consent of  parliament also if a king have a Christian kingdom by conquest Ireland as king  Henry the second have Ireland after king John have give unto they be under his  obedience and subjection the law of England for the government of that country  no succeed king can alter the same without parliament and in that case while  the realm of England and that of Ireland be govern by several law any that be  bear in Ireland be no alien to the realm of England in which precedent of  Ireland three thing be to be observe that then there have be two descent one  from Henry the second to king Richard the first and from Richard to king John  before the alteration of the law that albeit Ireland be a distinct dominion  yet the title thereof be by Conquest the same by judgement of law may by  express word be bind by the parliament of England that albeit no reservation  be in king John charter yet by judgement of law a Writ of error do lie in the  king bench in England of a erroneous judgement in the king bench of Ireland  furthermore in the case of the conquest of a Christian kingdom as well those  that serve in war at the Conquest as those that remain at home for the safety  and peace of their country and other the king subject as well ante born as  post born be capable of land in the kingdom or country conquer and may  maintain any real action and have the like privilege and benefit there as they  may have in England the three kind of enemy be enemy  permission a enemy that  come into the realm by the king safe conduct of which you may read in the  register fol book of entry ejection strong Henry c now what a subject bear be  appear at large by that which have be say de allegiance and so likewise de  to put under dato of a donaison for that be the right name so call because his  legitimation be give unto he for if you derive denizen from deins nee one bear  within the obedience or allegiance of the king then such a one shall be all  one with a natural bear subject and it appear before out of the law of king  William the first of what antiquity the make of denizen by the king of England  have be of the incident to a alien there be regulary unless it be in special  case three incident to a subject bear that the parent be under the actual  obedience of the king that the place of his birth be within the king dominion  and the time of his birth be chief to be consider for he can be a subject bear  of one kingdom that be bear under the allegiance of a king of another kingdom  albeit afterward one kingdom descend to the king of the other for the first it  be term actual obedience because though the king of England have absolute  right to other kingdom or dominion as France Aquitaine Normandy c yet see the  king be not in actual possession thereof none bear there since the crown of  England be out of actual possession thereof be subject to the king of England  the place be observable but so as many time allegiance or obedience without  any place within the king dominion may make a subject bear but any place  within the king dominion may make a subject bear but any place within the king  dominion without obedience can never produce a natural subject and therefore  if any of the king ambassador in foreign nation have child there of their wife  be English woman by the commonlaws of England they be natural bear subject and  yet they be bear out of the king dominion but if enemy shall come into any of  the king dominion and surprise any castle or fort and possess the same by  hostility and have issue there that issue be no subject to the king though he  be bear within his dominion for that he be not bear under the king allegiance  or obedience but the time of his birth be of the essence of a subject bear for  he can be a subject to the king of England unless at the time of his birth he  be under the allegiance and obedience of the king and that be the reason that  ante born in Scotland for that at the time of their birth they be under the  allegiance and obedience of another king be alien bear in respect of the time  of their birth wherefore a alien bear be not capable of land it follow next in  course to set down the reason wherefore a alien bear be not capable of  inheritance within England and that he be not for three reason the secret of  the realm may thereby be discover the revenue of the realm the sinew of war  and ornament of peace shall be take and enjoy by stranger bear it shall tend  to the destruction of the realm which three reason do appear in the statute of  Henry cap and Henry cap ultimo but it may be demand wherein do that  destruction consist whereunto it be answer first it tend to destruction  tempore pretty for then stranger may fortify themselves in the heart of the  realm and be ready to set fire on the commonwealth as be excellent shadow by  the Trojan horse in Virgil second book of his Aeneid where a very few man in  the heart of the city do more mischief in a few hour than ten thousand man  without the wall in ten year second tempore peace for so may many alien bear  get a great part of the inheritance and freehold of the realm whereof there  shall follow a failure of justice the supporter of the commonwealth for that  alien bear can be return of jury for the trial of issue between the king and  the subject or between subject and subject and for this purpose and many other  see a charter worthy of observation of king Edward and the three write to pope  clement datum at Westminster die September and royal power our men  France  royal power yes England example and authority in law now be we come to the  example resolution and judgement offormer time wherein two thing be to be  observe first how many case in our book do over rule this case in question for  where by the same route ratio there idem law et de like idem be judgment that  for want of a express text of law in boundary to set bounds and of example and  precedent in like case as be object by some we be drive to determine the  question by natural reason for it be say si to be remiss law scribe id  to watch it is necessary quoth custom et experience to lead in be et si how in  re hoc to withdraw to run back be and account but that receive a threefold  answer first that there be no such rule in the common or civil law but the  true rule of the civil law be law scribe si to be remiss id to watch  it is necessary quoth custom et experience to lead in be et si how in re hoc  to withdraw tunc id quoth neighbor et subsequent ei be et si id non  that this only is apparent tunc law quo city Romana act. to make safe  it is necessary second if the say imaginative rule be right and legal  understand it may stand for truth for if you intend ratio for the legal and  profound reason of such as by diligent study and long experience and  observation be so learned in the law of this realm as out of the reason of the  same they can rule the case inquestion in that sense the say rule be true but  if it be intend of the reason of the wise man that profess not the law of  England then I say the rule be absurd and dangerous for who in to sew be  to pass away be credendum et quoth whoever it be to get knowledge of in hoc  see to drive et all foreseeing that  to send to solent who to make good ii who  in to sew be be to turn often are Arist Topicorum cap three there be multitude  of example precedent judgement and resolution in the law of England the true  and unstrained reason whereof do decide this question for example the dukedom  of Acquitain whereof gascoin be parcel and the earldom of Poitiers come to  king Henry the second by the marriage of Elinor daughter and heir of William  duke of Acquitain and earl of Poitiers which descend to Richard the first  Henry the three Edward the first Edward the second Edward the three c in lib  ass pl in one case there appear two judgement and one resolution to be give by  the judge of both bench in this case follow the possession of the prior of  chelsea in the time of war be seize into the king hand for that the prior be a  alien bear the prior by petition of right sue to the king and the effect of  his petition be that before he come prior of chelsea he be prior of Andover  and while he be prior there his possession of that priory be likewise seize  for the same cause suppose that he be a alien bear whereupon he sue a former  petition and allege that he be bear in gascoin within the allegiance of the  king which point be put in issue and find by jury to be true it be adjudge he  shall have restitution of his possession general without mention of advowson  after which restitution one of the say advowson become void the prior present  against who the king bring a quare hinder wherein the king be bar and all this  be contain in the late petition and the book say that the earl of Arundel and  sir guy de b come into the court of common plea and demand the opinion of the  judge of that court concern the say case who resolve that upon the matter  aforesaid the king have no right to seize in which case among many notable  point this one appear to be adjudge and resolve that a man bear in gascoin  under the king allegiance be no alien bear as to land and possession within  the realm of England and yet England and gascoin be several and distinct  country inherit by several and distinct title govern by several and distinct  municipal law as it appear among the record in the tower rot Vasc Edward Num  out of the extent of the great seal of England and the jurisdiction of the  chancery of England the like objection may be make for default of trial as  have be make against the plaintiff and where it be say that gascoin be no  kingdom and therefore it be not to be match to the case in hand it be answer  that this difference be without a diversity as to the case in question for if  the plea in the case at the bar be good then without question the prior have  be a alien for it may have be say as it be in the case at bar that he be bear  extra allegiance king royal power Himself England et infra allegiance rule  Himself Vasconiae and that they be several dominion and govern by several law  but then such a conceit be not hatch that a king have several dominion shall  have several allegiance of his subject second it be answer that gascoin  wassometime a kingdom and likewise Milan Burgundy Bavaria Britain and other be  and now be become dukedom Castille Aragon Portugal Barcelona c be sometime  earldom afterward dukedom and now kingdom Bohemia and poloniam be sometime  dukedom and now kingdom and omit many other and come near home Ireland be  before Henry the eight a lordship and now be a kingdom and yet the king of  England be as absolute a prince and sovereign when he be lord of Ireland as  now when he be style king of the same Edward a exchange be make between a  Englishman and a gascoyn of land in England and in gascoin ergo the gascoin be  no alien for then have he not be capable of land in England Henry the king  bring a Writ of right of ward against one sibyl who husband be exile into  gascoin ergo gascoin be no parcel or member of England for exile be  native land a taking away time of birth soli change law nativar loss  Edward  the king direct his Writ out of the chancery under the great seal of England  to the mayor of bordeaux a city in gascoin then be under the king obedience to  certify whether one that be outlaw here in England be at that time in the king  service under he in servility king whereby it appear that the king Writ do run  into gascoin for it be the trial that the commonlaw have appoint in that case  but as to other case it be to be understand that there be two kind of writ  videlicet short catalog one who gives a charge et remedialia et short catalog  one who gives a charge et non remedialia short catalog one who gives a charge  et remedialia as writ of right of formedon c of debt trespass c and short all  writ real and personal whereby the party wrong be to recover somewhat and to  be remedy for that wrong that be offer unto he be returnable or determinable  in some court of justice within England and to be serve and execute by the  sheriff or other minister of justice within England and these can by any mean  extend into any other kingdom country or nation though that it be under the  king actual allegiance and obedience but the other kind of writ that be  mandatory and not remedial be not tie to any place but do follow subjection  and allegiance in what country or nation soever the subject be as the king  Writ to command any of his subject reside in any foreign country to return  into any of the king own dominion sub faith et allegiance who we to hold and  so be the aforesaid mandatory writ cite out of the register of protection for  safety of body and good and require that if any injury be offer that the same  be redress accord to the law and custom of that place vide Le register fol  Stamford ask first cap fol say that man bear in gascoin be inheritable to land  in England this do also appear by diverse act of parliament for by the whole  parliament Edward cap it be agree that the Gascon be of the allegiance and  subjection of the king vide Edward cap Henry cap c Guyen Guienne Guyen be  another part of Aquitaine and come by the same title and those of Guyen be by  act of parliament in Henry not imprint ex rot parliament to the same place  year  adjudge and declare to be no alien but able to possess and purchase c  land within this realm and so do Stamford take the law ask first c f and thus  much of the dukedom of Aquitaine which together with the earldom of Poitiers  come to king Henry the second as have be say by marriage and continue in the  actual possession of the king of England by ten descent videlicet from the  first year of king Henry the second unto the two and thirty year of king Henry  the six which be upon the very point of three hundred year within which duchy  there be as some write archbishoprics bishopric earldom barony and above a  thousand captainship and bailiwicks and in all this long time neither book  case nor record can be find wherein any plea be offer to disae any of they  that be bear there by foreign birth but the contrary hereof direct appear by  the say book case of lib ass Normandy Normenia Normandia the king of England  have sometime Normandy under actual allegiance and obedience the question be  then whether man bear in Normandy after one king have they both be inheritable  to land in England and it be evident by our book that they be for so it appear  by the declaratory act of Edward de ask first king c that they be inheritable  to and capable of land in England for the purview of that statute be quoth  king to have escaetas de terris Normannorum c ergo Norman may have land in  England et hoc similiter to come to know be si largely inheritance  to climb down some born in birth beyond sea c whereby it appear that they be  capable of land within England by descent and that this Act of Edward be but a  declaration of the commonlaw it appear both by Bracton who as it have be say  write in the reign of Henry the three lib tract c f and by Britton who write  in Edward c that all such land as any Norman have either by descent or  purchase escheat to the king for their treason in revolt from their natural  liege lord and sovereign and therefore Stamford ask first cap fol expound the  say statute of Edward cap conclude that by that chapter it shall appear as  ifhehadsaid it be apparent without question that all man bear in Normandy  gascoin Guyen Anjou and Britain while they be under actual disobedience be  inheritable within this realm as well as englishmen and the reason thereof be  for that they be one allegiance due to one sovereign and so much omit many  other authority for Normandy save I can let pass the isle of Jernsey and  Gersey part and parcel of the dukedom of Normandy yet remain under the actual  allegiance and obedience of the king I think no man will doubt but those that  be bear in Jernsey and Gersey though those isle be no parcel of the realm of  England Guernsey and Jesey but several dominion enjoy by several title govern  by several law be inheritable and capable of any land within the realm of  England Edward foe Commission to determine the title of land within the say  isle accord to the law of the isle and mich e in the treasury because pain  pillage nec largely other to carry on business de island pillage  to bring forth non to withhold to set bounds nisi secundum law insulaepraed'&c  and the register fol king trusty n'est de Jernsey et Gersey king William the  first bring this dukedom of Normandy with he which by five descent continue  under the actual obedience of the king of England and in or about the six year  of king John the crown of England lose the actual possession thereof until  king Henry the five recover it again and leave it to king Henry the six who  lose it in the that year of his reign wherein be as some write one  archbishopric and six bishopric and a hundred strong town and fortress beside  those that be waste in war Maud the empress the only daughter and heir to  Henry the first take to her second husband Jeffrey Plantagenet earl of Anjou  tourain and main who have issue king Henry the second to who the say earldom  by just titledescended who and the king that succeed he style themselves by  the name of come Andeguv c until king Edward the three become king of all  France and such as be bear within that earldom so long as it be under the  actual obedience of the king of England be no alien but natural bear subject  and never any offer make that we can find to disable they for foreign birth  but leave we Normandy and Anjou and speak we of the little but yet ancient and  absolute kingdom of the isle of man man mannia as it appear by diverse ancient  and authentic record as take one for many Artold king of man sue to king Henry  the three to come into England to confer with he and to perform certain thing  which be due to king Henry the three thereupon king Henry the three December  and regn Himself at Winchester by his letter patent give licence to Artold  king of man as follow king omnibus health to know quoth freedom dedimus c  Artoldo king de man to come and our in England and loquend nobisc et and  faciend we quoth to make debet et therefore thou mandamus quoth ei king in  to come and our ju England well there to delay well ind Of persons no one  to make or fieri to let pass damnum not to swear trouble or gravamen well  now too hominib n'est quos Himself to lead et si to some degree the dawn  forfeit to be id the dawn without exaggerate to make to free from faults in  pron. interrog. c to make hard usque and fest S mich wherein thing be to be  observe that see that Artold king of man sue for a licence in this case to the  king it prove he a absolute king for that a Monarch or a absolute prince can  come into England without licence of the king but any subject be in league may  come into this realm without licence that the king in his licence do style he  by the name of a king it be resolve in Henry that where a office be find after  the decease of Thomas earl of Derby and that he die seize c of the isle of man  that the say office be utter void for that the isle of man Normandy gascoin c  be out of the power of the chancery and govern by several law and yet none  will doubt but those that be bear within that isle be capable and inheritable  of land within the realm of England Wales Cambria wallia Wales be sometime a  kingdom as it appear by Henry fol and by the act of parliament of Henry cap  but while it be a kingdom the same be hold and within the fee of the king of  England and this appear by our book Fleta lib cap Edward Edward Edward title  Jurisdict Henry blow come and in this respect in diverse ancient charter king  of old time style themselves inseveralmanners as king Edgar britain Basilen'c  ethelderedus all Albionis God foresight imperator edredus great britain  an absolute ruler which among many other of like nature I have see but by the  statute of Edward Wales be unite and incorporate into England and make parcel  of England in possession and therefore it be rule in Henry fol that no  protection do lie because to delay in wallia because Wales be within the realm  of England and where it be recite in the act of h that Wales be ever parcel of  the realm of England it be true in this sense videlicet that before e it be  parcel in tenure and since it be parcel of the body of the realm and whosoever  be bear within the fee of the king of England though it be in another kingdom  be a natural bear subject and capable and inheritable of land in England as it  appear in blow come and therefore those that be bear in Wales before Edward  while it be only hold of England be capable and inheritable of land in England  France Gallia France now come we to France and the member thereof as Calais  Guynes tournay c which descend to king Edward the three as son and heir to  Isabel daughter and heir to Philip Le beau king of France certain it be while  king Henry the six have both England and the heart and great part of France  under his actual allegiance and obedience for he be crown king of France in  parish that they that be then bear in those part of France that be under  actual allegiance and obedience be no alien but capable of and inheritable to  land in England and that be prove by the writ in the register fol cite before  but in the enrolment of letter patent of denization in the exchequer into  original year  Henry with the lord treasurer remembrancer be strong urge and  object for it be say thereby it appear that king Henry the six in year  of his  reign do make denizen one reynel bear in France whereunto it be answer that it  be prove by the say letter patent that he be bear in France before king Henry  the six have the actual possession of the crown of France so as he be  Antenatus and this appear by the say letter patent whereby the king grant that  magister Johannes reynel to be a servant our c infra kingdom nostrum France  to arise pro boundary vitae of oneself sit ligeus our et to the same place  modus to hold as spit  et trusty our infra kingdom England to arise ac quoth  ipse land infra kingdom nostrum England seu other owner our men   to ask diligently after to be able et to be strong now if that reynel have be  bear since Henry the six have the quiet possession of France the king be crown  king of France about one year before of necessity he must be a infant of very  tender age and then the king will never have call he his servant nor make the  patent as thereby may be collect for his service nor call he by the name of  magister Johannes reynel but without question he be Antenatus bear before the  king have the actual and real possession of that crown Calais Calecia Caletum  Calais Calais be a part of the kingdom of France and never be parcel of the  kingdom of England and the king of England enjoy Calais in and from the reign  of king Edward the three until the lose thereof in queen mary time by the same  title that they have to France and it be evident by our book that those that  be bear in Calais be capable and inheritable to land in England Edward cap  vide Henry Henry Edward Henry Edward Henry b by all which it be manifest that  Calais be parcel of France be under the actual obedience and commandment of  the king and by consequent those that be bear there be natural bear subject  and no alien Calais from the reign of king Edward the three until the five  year of queen marry remain under the actual obedience of the king of England  guines also another part of France be under the like obedience to king Henry  the six as appear by Henry fol Guynes tournay and tournay be under the  obedience of Henry the eight as it appear by Elizabeth dyer fol for there it  be resolve that a bastard bear at tournay while it be under the obedience of  Henry the eight be a natural subject as a issue bear within this realm by  alien if then those that be bear at tournay Calais c while they be under the  obedience of the king be natural subject and no alien it follow that when the  kingdom of France whereof those be parcel be under the king obedience that  those that be then bear there be natural subject and no alien Ireland Hibernia  next follow Ireland which original come to the king of England by conquest but  who be the first conqueror thereof have be a question I have see a charter  make by king Edgar in these word ego edgarus the Angli all nom. prop.  the great sea who britain circumjacent imperator et dominus agreeableness ago  Self a god almighty power king meo who meum command such to widen et  be praised super kingdom father an umbelliferous plant c I  to go away  to appease divinity come the Angli command all regna nom. prop. the great sea  et come n'est wild king usque Norvegiam maximamque birth Hibern come to sew  noblissima community de Dublina the Angli royal power To bring under the yoke  wherefore et ego Christ glory et praise in royal power meo be praised et he  slavery to broaden to vow to place here and there c yet for that it be whole  conquer in the reign of Henry the second the honour of the conquest of Ireland  be attribute to he and his style be king England dominus Hibern Dux Normann  Dux Acquittan et come Andegav king of England lord of Ireland duke of Normandy  duke of Aquitaine and earl of Anjou that Ireland be a dominion separate and  divide from England it be evident from our book Henry sir John pilkington case  Henry Elizabeth dyer blow come and Richard Hibernia to have parliament et  fanciunt law et our men  to cause to stand non to tie eos because non  to cause to go soldier and parliament which be to be understand unless they be  especial nam say personae the dawn are lying near king as inhabitant in  Calesia Gasconia et Guyan wherein it be to be observe that the Irishman as to  subjection be compare to man bear in Calais gascoin and Guyan concern their  law ex rotulis to stand open de year  king Henry there be a charter which that  king make beginning in these word king c baron soldier et omnibus freely  to hold l health satis ut to give as a loan your to hear separation quoth when  good memory Johannes quondam king England pater our go for sale in Scotland  ipse to lead Himself a potent juice to separate et law to pass away quorum  common council et and earnestness Hibernensium statuit et precepit law  Anglicanas in Hibern ita quoth law the same in writing to drive back  to leave behind sub seal his and Scaccarium Dublin so as now the law of  England become the proper law of Ireland and therefore because they have  parliament hold there whereat they have make diverse particular law concern  that dominion as it appear in Henry Elizabeth dyer and for that they retain  unto this day diverse of their ancient custom the book in Henry hold that  Irelandis govern by law and custom separate and diverse from the law of  England a voyage royal may be make into Ireland vide Henry Edward which prove  it a distinct dominion and in year  Reg Elizabeth it be resolve by all the  judge of England in the case of Orurke a Irishman who have commit high treason  in Ireland that he by the statute of Henry c may be indict arraign and try for  the same in England accord to the purview of that statute the word of which  statute be that all treason c commit by any person out of the realm of England  shall be from henceforth inquire of c and they all resolve as afterward they  do also in sir John Perrot case that Ireland be out of the realm of England  and that treason commit there be to be try within England by that statute in  the statute of Henry cap of fine provision be make for they that be out of  this land and it be hold in pl come in Stowel's case that he that be in  Ireland be out of this land and consequent within that proviso may not then  the like plea be devise as well against any person bear in Ireland as this be  against Calvin that be a post born in Scotland for the Irishman be bear extra  allegiance king royal power Himself England c which be word operativa in the  plea but all man know that they be natural bear subject and capable of and  inheritable to land in England last to conclude this part with Scotland itself  in ancient time part of Scotland beside Berwick be within the power and  allegiance of the king of England as it appear by our book Edward the lord  Beaumont case Edward c c and by precedent hereafter mention and that part  though it be under the king of England allegiance and obedience yet be it  govern by the law of Scotland ex rotulis Scotland year  Edward among the  record in the tower of London king c to put Richard Talebot justice nostrum  villae Berwici super twedam ac all something else the earth our in birth scot  and faciend all et one who and duty justice pertinent secundum law et  experience royal power scot and after year  Edward ex to the same place rot  king Henry de Percey Ricarda de Nevil c to will et thou et one your tenore  present time  To bring together et mandamus quoth man our men  de scot and  peace et obedience our men  to step out law freedom et book custom  quibusipsietantecessores Himself tempore frequented memory Alexandri quondam  king scot reasonably use to be in order that ut to rejoice to withhold prout  in a certain indenturis c abundantly to say to hold together and there be a  Writ in the register a Dedimuspotestatem recipendi and faith et peace our men   man de Galloway now the case in Edward which be within sixteen year of the say  grant concern the law in Edward rule it that so many as be bear in that part  of Scotland that be under the allegiance of the king be no alien but  inheritable to land in England yet be that part of Scotland in another kingdom  govern by several law c and if they be natural subject in that case when the  king of England have but part of Scotland what reason shall there be why those  that be bear there when the king have all Scotland shall not be natural  subject and no alien so likewise Barwick be no part of England nor govern by  the law of England and yet they that have be bear there since they be under  the obedience of one king be natural bear subject and no alien as it appear in  Richard cap c vide Henry Henry and yet in all these case and example if this  new devise plea have be sufficient they shall have be all alien against so  many judgement resolution authority and judicial precedent in all succession  of age there be sometime in England while the heptarchy last seven several  crown king of several and distinct kingdom but in the end the west Saxon get  the Monarchy and all the other king melt as it be their crown to make one  imperial diadem for the king of the west Saxon over all now when the whole be  under the actual and real allegiance and obedience of one king be any that be  bear in any of those several and distinct kingdom alien one to another certain  they be bear under the obedience of one king and sovereign be all natural bear  subject and capable of and inheritable unto any land in any of the say kingdom  in the holy history report by saint Luke ex saying spiritus consecrated cap et  Act apostolor it be certain that saint Paul be a Jew bear in Tarsus a famous  city of Cilicia for it appear in the say saint chapter verse by his own word  ego a human being sum indeed  judaeus a the capital of Cilicia Ciliciae non  to pardon community citizen  and in the d chapter verse ego sum man judaeus  born the capital of Cilicia Ciliciae c and then make that excellent sermon  there record which when the jews hear the text say verse to lift up voice  to sew to say to lift de land hujusmodi non for fas be the dawn live  to cry out autem the dawn et projicient garment to sew et dust to scatter in  money Claudius Lysias the popular tribune to please this turbulent and profane  multitude though it be utter against justice and common reason the text say  imposed the head of a tribe to lead in the dawn in castle whip murder et  to turn the dawn quid ita ut to know near how cause such to call to and when  they have bind Paul with cord ready to execute the Tribune's unjust  commandment the bless apostle to avoid unlawful and sharp punishment take hold  of the law of a heathen emperor and say to the centurion stand by he si  a human being of Rome et uncondemned although thou to scourge which when the  centurion hear he go to the tribune and say quid to put in motion es hic for  a human being fellow citizen of Rome be then come the tribune to Paul and say  unto he dic I si TU of Rome es at that dixit now too and the tribune answer  ego many men  summa community haec to follow sum but Paul not meaning to  conceal the dignity of his birth right say ego autem et born sum as if he  shall have say to the tribune you have your freedom by purchase of money and I  by a more noble mean by birth right and inheritance straight on ergo say the  text to go away ab there who that torture to be the head of a tribe likewise  to fear after to know because fellow citizen of Rome be et because curdled  the dawn so as hereby it be manifest that Paul be a Jew bear at Tarsus in  Cilicia in Asia minor and yet be bear under the obedience of the Roman emperor  he be by birth a citizen of Rome in Italy in Europe that be capable of and  inheritable to all privilege and immunity of that city but such a plea as be  now imagine against Calvin may have make saint Paul a alien to Rome for if the  emperor of Rome have several allegiance for every several kingdom and country  under his obedience then may it have be say against saint Paul that he be  extra allegiance emperor royal power Himself italiae et infra allegiance  emperor royal power Himself Ciliciae c but as saint Paul be judaeus  native land et of Rome privilegi judaeus nation et of Rome jure nation so may  Calvin say that he be Scotus native land et England privilegi Scotus nation et  England jure nation Samaria in Syria be the chief city of the ten tribe but it  be usurp by the king of Syria and the jews take prisoner and carry away in  captivity be after inhabit by the painims now albeit Samaria of right belong  to jury yet because the people of Samaria be not under actual obedience by the  judgement of the chief justice of the whole world they be adjudge  one born in a foreign land alien for in the evangelist saint Luke c when  Christ have cleanse the ten leper One autem ex strike against say the text ut  to see because to make clean be going back be come great voice to make much of  god et to fall in shape ante pedes he agreeableness advocate et hic to be  Samaritanus et jesus to answer dixit nun ten to make clean are et nine where  are non be invention who Of persons et dart glory a god nisi hic stranger so  as by his judgement this Samaritan be one born in a foreign land a stranger  bear because he have the place but want obedience et si stop obedience non  animate locus and this agree with the divine who say si locus to save  to be able Satan de sky pro to sew disobedience non to fall Adam in Paradise  non to fall lot in monte non to fall say rather in Sodom now rest the six part  of this division that be to say six demonstrative illations or conclusion draw  plain and express from the premise every one that be a alien by birth may be  or may have be a enemy by accident but Calvin can never at any time be a enemy  by any accident ergo he can be a alien by birth vide Henry fol the  differencebetween a alien enemy and a subject traitor host are who we well who  our bellum to decide the other traitor robber c the major be apparent and be  prove by that which have be say et vide great Charta cap Edward Edward c  Edward c Henry c Edward stat c c whosoever be bear under one natural  allegiance and obedience due by the law of nature to one sovereign be natural  bear subject but Calvin be bear under one natural allegiance and obedience due  by the law of nature to one sovereign ergo he be a natural bear subject  whosoever be bear within the king power or protection be no alien but Calvin  be bear under the king power and protection ergo he be no alien every stranger  bear must at his birth be either friend or enemy  but Calvin at his birth can  neither be friend nor enemy  ergo he be no stranger bear enemy  he can be  because he be to put under and for that cause also he can be friend neither  now can Scotia be say to be solum clothe as have be say whatsoever be due by  the law or constitution of man may be alter but natural allegiance or  obedience of the subject to the sovereign can be alter ergo natural allegiance  or obedience to the sovereign be not due by the law or constitution of man  again whatsoever be due by the law of nature can be alter but allegiance and  obedience of the subject to the sovereign be due by the law of nature ergo it  can be alter it have be prove before that allegiance or obedience of the  inferior to the superior of the subject to the sovereign be due by the law of  nature many thousand year before any law of man be make which allegiance or  obedience be the only mark to distinguish a subject from a alien can not be  alter therefore it remain still due by the law of nature for law nature  to achieve are et immutable human yes law creating always in infinitum  to run down et nothing be in eastern quoth without interruption stare  to be able law of man to be born to live become void  last whosoever at his  birth can be a alien to the king of England can be a alien to any of his  subject of England but the plaintiff at his birth can be no alien to the king  of England ergo the plaintiff can be a alien to any of the subject of England  the major and minor both be shew clearly true for as to the major it be to be  observe that whosoever be a alien bear be so account in law in respect of the  king and that appear first by the plead so often before remember that he must  be extra allegiance king without any mention make of the subject when a alien  bear purchase any land the king only shall have they though they be hold of a  subject in which case the subject lose his signiory and as it be say in our  book a alien may purchase and adj king but the act of law give the alien  nothing and therefore if a woman alien marry a subject she shall not be endow  neither shall a alien be tenant by the courtesy vide Henry Henry the subject  shall plead that the defendant be a alien bear for the benefit of the king  that he upon office find may seize and that the tenant may yield to the king  the land and not to the alien because the king have best right thereunto  league between our sovereign and other be the only mean to make alien friend  et bond  percuter to make league only and whole pertain to the king war do  make alien enemy and bellum to point out belong only and whole to the king and  not to the subject as appear in Edward fol the king only without the subject  may make not only letter of safe conduct but letter patent of denization to  who and how many he will and enable they at his pleasure to sue any of his  subject in any action whatsoever real or personal which the king can not do  without the subject if the subject have any interest give unto he by the law  in any thing concern a alien bear nay the law be more precise herein than in  number of other case of high nature for the king can grant to any other to  make of stranger bear denizen it be by the law itself so inseparable and  individual annex to his royal person as the book be in Henry fol for the law  esteem it a point of high prerogative Jus grandeur et inter insignia summae  power to make alien bear subject of the realm and capable of the land and  inheritance of England in such sort as any natural bear subject be and  therefore by the statute of Henry cap many of the most ancient prerogative and  royal flower of the crown as authority to pardon treason murder manslaughter  and felony power to make justice in Eyre justice of assize justice of peace  and gaol delivery and such like have be sever and divide from the crown be  again reunite to the same but authority to make letter of denization be never  mention therein to be resume for that never any claim the same by any pretext  whatsoever be a matter of so high a point of prerogative so as the plead  against a alien the purchase by a alien league and war between alien  denizations and safeconducts of alien have aspect only and whole unto the king  it follow therefore that no man can be alien to the subject that be not a  alien to the king non to be able be stranger substantial object who non be  covering for head non flock who non be king the authority of law cite in this  case for maintenance of the judgement Henry title dower Bracton lib fol Fleta  lib cap in temps e Hingham's report Edward cap Edward cap Edward set up de  FranciaC Edward fol Edward cap lib ass Richard cap Richard cap Henry fol Henry  fol Henry fol Henry to cause to stand de Guyan Henry title estoppel Henry cap  Henry fol Henry fol Littl temps Edward lib cap villeinage Edward fol Edward  Edward cap Richard and Henry fol dyer Henry cap no manner of stranger bear out  of the king obeisance Henry cap every person bear out of the realm of England  out of the king obeisance Henry cap Henry cap c Edward Plowd comment fol  Fogasse's case and Phil and mar dyer shirley case Elizabeth dyer Elizabeth cap  de bankrupt all commission ancient and late for the find of office to entitle  the king to the land of the alien bear also all letter patent of  Denizationofancient and late time do prove that he be no alien that be bear  under the king obedience the that general part concern inconvenience now we be  come to consider of legal inconvenience and first of such as have be object  against the plaintiff and second of such as shouldfollow if it have be adjudge  against the plaintiff of such inconvenience as be object against the plaintiff  there remain only four to be answer for all the rest be clear and full satisfy  before that if post born shall be inheritable to our law and inheritance it be  reason that they shall be bind by our law but post born be not bind by our  statute or commonlaws for they have as it be object never so much freehold or  inheritance can be return of jury nor subject to scot or lot nor Chargeable to  subsidy or Quinzimes nor bind by any Act of parliament make in England whether  one be bear within the kingdom of Scotland or no be not tryable in England for  that it be a thing do out of this realm and no jury can be return for the  trial of any such issue and what inconvenience shall thereof follow if such  plead that want trial shall be allow for then all alien may imagine the like  plea they that object it leave it to the consideration of other it be object  that this innovation be so dangerous that the certain event thereof no man can  foresee and therefore some think it fit that thing shall stand and continue as  they have be in former time for fear of the worst if post born be by law  legitimate in England it be object what inconvenience and confusion shall  follow if for the punishment of we all the king royal issue shall fail c  whereby those kingdom may again be divide all the other argument and objection  that have be make have be answer before and needs not to be repeat again to  the first it be resolve that the cause of this doubt be the mistake of the law  for if a postnatus do purchase any land in England he shall be subject in  respect thereof not only to the law of this realm but also to all service and  contribution and to the payment of subsidy tax and public charge as any  denizen or Englishman shall be nay if he dwell in England the king may command  he by a Writ of ne exeat kingdom that he depart not out of England but if a  postnatus dwell in Scotland and have land in England he shall be Chargeable  for the same to all intent and purpose as if a Englishman be owner thereof and  dwell in Scotland Ireland in the isle of man Jernsey or Gersey or elsewhere  the same law be of a Irishman that dwell in Ireland and have land in England  but if post born or irishman man of the isle of man Jernsey Gersey c have land  within England and dwell here they shall be subject to all service and public  charge within this realm as any Englishman shall be so as to service and  charge the post born and englishmen bear be all in one predicament concern the  trial a threefold answer be thereunto make and resolve that the like objection  may be make against irishman Gascon Norman man of the isle of man Jernsey and  Gersey of Berwick c all which appear by the rule of our book to be natural  bear subject and yet no jury can come out of any of those country or place for  trial of their birth there if the demandant or plaintiff in any action concern  land be bear in Ireland Jernsey Gersey c out of the realm of England if the  tenant or defendant plead that he be bear out of the allegiance of the king c  the demandant or plaintiff may reply that he be bear under the allegiance of  the king at such place within England and upon the evidence the place shall  not be material but only the issue shall be whether the demandant or plaintiff  be bear under the allegiance of the king in any of his kingdom or dominion  soever and in that case the jury if they will may find the special matter  videlicet the place where he be bear and leave it to the judgement of the  court and that juror may take knowledge of thing do out of the realm in this  and like case vide Henry b Edward averment Richard title trial Edward Henry  Fitzherbert nat Br Vid Dowdales case in the six part of my report fol and  there diverse other judgement be vouch brown in year  Henry report a judgement  then late give that where the defendant plead that the plaintiff be a scot  bear at saint John town in Scotland out of the allegiance of the king  whereupon they be at issue and that issue be try where the Writ be bring and  that appear also by ass pl that the jury do find the prior to be bear in  gascoin for so much be necessary prove by the word trove to be and Edward  title averment in a law utrum the death of one of the vouchees be allege at  such a castle in Britain and this be inquire of by the jury and it be hold in  Richard title trial that if a man be adhere to the enemy of the king in France  his land be forfeitable and his adherency shall be try where the land be as  oftentimes have be do as there it be say by Belknap and Fitzherbert nat Bre in  a Mortdanc if the ancestor die in to hold traveling abroad sum vers Terram  saint the jury shall inquire of it but in the case at bar see the defendant  have plead the truth of the case and the plaintiff have not deny it but  demurrer upon the same and thereby confess all matter of fact the court now  ought to judge upon the especial matter even as if a jury upon a issue join in  England as it be aforesaid have find the especial matter and leave it to the  court to the three it be answer and resolve that this judgement be rather a  renovation of the judgement and censure of the reverend judge and sage of the  law in so many age pass than any innovation as it appear by the book and book  case before recite neither have judge power to judge accord to that which they  think to be fit but that which out of the law they know to be right and  consonant to law judge bone nothing ex arbitration his to make nec  mode of life household member will say juxta law et jura a proposition and as  for fear fear ground upon no just cause who non to fall in Constans man  emptiness fear to determine the value of are and as to the four it be less  than a dream of a shadow or a shadow of a dream for it have be often say  natural legitimation respect actual obedience to the sovereign at the time of  the birth for as the ante born remain alien as to the crown of England because  they be bear when there be several king of the several kingdom and the unite  of the kingdom by descent subsequent can make he a subject to that crown to  which he be a alien at the time of his birth so albeit the kingdom which  almighty God of his infinite goodness and mercy divert shall by descent be  divide and govern by several king yet it be resolve that all those that be  bear under one natural obedience while the realm be unite under one sovereign  shall remain natural bear subject and no alien for that naturalize due and  vest by birthright can by any separation of the crown afterward be take away  nor he that be by judgement of law a natural subject at the time of his birth  become a alien by such a matter ex post facto and in that case upon such a  accident our postnatus may be and faith a bag of hide king as Bracton say in  the afore remember place fol as England non auditur in placitando  once de  terris et tenement in France ita nec debet France et stranger who to be and  faith king France to hear placitando in Angiui say yet are in some way  Francigenae in France who are and faith a bag of hide et always to be ante  normaniam deep Dis  et post et who to be very pleasing hic et there she ration  how are and faith a bag of hide as to be William come mareschallus et MENE  Angiui et m de Gynes MENE in France et garlic more concern the reason draw  from the etymology it make against they for that by their own derivation  of another tribe and alienaeligeantiae be all one but argument draw from  etymology be too weak and too light for judge to build their judgement upon  for repeatedly where quality a word to stretch toward feeling reality  to send away and yet when they agree with the judgement of law judge may use  they for ornament but on the other side some inconvenience shall follow if the  plea against the Plaintiffshould be allow for first it make allegiance local  videlicet allegiance king royal power Himself Scotland and allegiance king  royal power Himself England whereupon shall follow first that faith or  allegiance which be universal shall be confine within local limit and bind  second that the subject shall not be bind to serve the king in peace or in war  out of those limit three it shall illegitimate many and some of noble blood  which be bear in gascoigne Guyen Normandy Calais tournay France and diverse  other of his majesty dominion while the same be in actual obedience and in  Berwick Ireland Jernsey and Gersey if this plea shall have be admit for good  and three this strange and new devise plea incline too much to countenance  that dangerous and desperate error of the Spencer touch before to receive any  allowance within Westminster hall in the proceed of this case these thing be  observe and so do the chief justice of the common plead public deliver in the  end of his argument in the exchequer Chamber first that no commandment or  message by word or write be send or deliver from any whatsoever to any of the  judge to cause they to incline to any opinion in this case which I remember  for that it be honourable for the state and consonant to the law and statute  of this realm second there be observe what a concurrence of judgement  resolution and rule there be in our book in all age concern this case as if  they have be prepare for the decide of the question of this point and that  which never fall out in any doubtful case no one opinion in all our book be  against this judgement three that the five judge of the king bench who adjourn  this case into the exchequer Chamber rather adjourn it for weight than for  difficulty for all they in their argument One voice concur with the judgement  fourthly that never any case be adjudge in the exchequer Chamber with great  concordance and less variety of opinion the lord chancellor and twelve of the  judge concur in one opinion five that there be not in any remembrance  sohonourable great and intelligent a auditory at the hear of the argument of  any exchequer Chamber case as be at this case now adjudge six it appear that  the science of law law common England be knowledge of companionship et  furnished abundantly sociable in that it agree with the principle and rule of  other excellent science divine and human copious for that however much and she  who often to fall upon jura adapta yet in a case so rare and of such a quality  that lose be the assure end of the practice of it for no alien can purchase  land but he lose they and Self facto the king be entitle thereunto in respect  whereof a man will think few man will attempt it there shall be such a  multitude and farrago of authority in all succession of age in our book and  book case for the decide of a point of so rare a accident et such to enclose  et to set bounds be this questioning the judgement in the say case as enter on  record c whereupon all and singular the premise be see and by the court of the  lord the now king here diligent inspect and examine and mature deliberation be  have thereof for that it appear to the court of the lord the now king here  that the aforesaid plea of the say Richard smith and Nicholas smith above  plead be not sufficient in law to bar the say Robert Calvin from have a answer  to his aforesaid writ therefore it be consider by the court of the lord the  now king here that the aforesaid Richard smith and Nicholas smith to the writ  of the say Robert do further answer