carter craw versus ramsey ejectment of the manor and rectory of Kingston upon  the demise of lt and h W to the plaintiff the that day of January in the that  of this king upon not guilty plead a special verdict be find upon which the  case be this Robert Ramsey be a alien bear in Scotland before the accession of  the crown of Scotland to England and have issue four son Robert Nicholas John  and George Robert die leave issue three daughter Margaret Isabel and jane who  issue be alive Nicholas have issue Patrick bear in England after the accession  of the crown in may James in the that of July car there go out a commission  under the great seal to the Lord Wentworth deputy of Ireland and I find it a  Act for the naturalize of all the Scotch which be antenati before the  accession in the kingdom of Ireland Nicholas be alive at the make of this Act  and so he be naturalize by Act of parliament in Ireland John the three son be  naturalize by Act of parliament at Westminster primo James and afterward be  make earl of Holderness he be seize in fee of the tenement in question and by  fine and covenant convoy they to the use of himself for life then to the use  of his wife for life the remainder to the heir of his body beget on the body  of his wife the remainder to his right heir George the four son be naturalize  by parliament carter er p at Westminster James and after have issue John  Ramsey father of the defendant John Ramsey they find John earl of Holderness  die without issue car they find a inquisition car to search what land and  tenement John earl of Holderness be seize of the day of his death by the  inquisition it be find he be seize in fee inter alian of the rectory of  Kingston and his die without issue and that the same escheat to the king king  Charles the first in the that year of his reign grant the premise to murrey in  feesimple Patrick and Elizabeth his wife year by deed and fine sell the  premise to the earl of Elgin and Sydenham they sell to heart heart convey to  pullen and Neal and then convey it to lt and h W the lessors of the plaintiff  when John die without issue who shall be his heir be the question whether  naturalize by Act of parliament in Ireland do inable the child to inherit land  in England Maynard sergeant pro to express grief I conceive the naturalize in  Ireland shall enable the child of Nicholas to inherit John we must consider  what habitude and relation the two kingdom have to each other and how far the  act of parliament in one kingdom bind the other we shall also consider the  nature of naturalize and allegiance and from these consideration I shall build  my argument No doubt but Ireland before the Conquest be govern by king carter  one or more it be no matter and Ireland be govern by the same law as England  rot parliament h king Henry to put in hand justiciario his Scotland c because  pro common usefulness terrae Scotland pro unity the earth to see in advance be  quod all men law who in royal power England to hold in Hibernia to hold  therefore to will quod in all respects short catalog de common jure who to run  in England similiter currant in Hibernia Instit the commentator do call this a  statute not a grant or concession of the king only the word be not only pro  common usefulness but pro unity the earth there be in the Act unity law the  earth the two island be not unite geographical but political a political unity  have a political influence the political efficient be the Act the political  form be government the means of civil be the two kingdom of England and  Ireland the modification and limit be the law experience the statute make by  king John touch this matter be make in Ireland but this of Henry be make in  England that which have be the consequence can never be unless it be by Act of  parliament it can not be by charter or custom the act of parliament in the  former time go in the king name in Henry in the to cause to stand Scotland the  king enact that in respect the law of England be that the old sister shall do  homage and so it shall be in Ireland my Lord coke Inst part say that great  Charta do not extend into Ireland till Poynings law in Henry time but he be  mistake for it do extend to Ireland long before the judgement of king and  parliament Edward stat west in the preamble this statute recite the statute of  Gloucester and that by that statute of Gloucester his people both of England  and Ireland do obtain speedy remedy than former it appear the statute of  Gloucester do bind in Ireland as well as England videlicet in those place that  be under conquest for some place be not act of parliament in England do not  only bind the person but the land of man in Ireland Henry in Henry the four  time a law be make that the law in England shall not bind the inheritance of  Ireland west Edward stat gloc be confirm in Ireland h be enact it shall not be  in force till allow and publish in Ireland Henry eaden law nun of these  statute be to be find in the roll but be exemplify in the castle at Waterford  Richard the merchant of Waterfords case adjudge by all the justice in the  exchequer Chamber that the land in Ireland be not bind by a statute in England  but their person be Rep calvins case more the judge say Ireland be quasi a  member of the realm of England and it have be resolve if they in Ireland make  money it be treason there be a express resolution in dyer foe b that if a peer  of Ireland commit carter er p treason he shall not be try in England which be  not law now for it have be twice adjudge to the contrary Rep calvins case by  these authority I conceive Ireland be unite to England by way of subordination  our law bind they though they not we carter this show how much they be bind by  our law but the question be how far the law of Ireland bind in England before  I come to answer that I shall offer how Ireland and Scotland differ each from  other in no case whatsoever can any process remedial be make out of England  into Scotland Scotland be no way subject unto England as to law though there  be a unity of allegiance there be not the same law but this court and other  court at Westminster may send remedial process into Ireland Edward h Edward  voucher exchange be good and voucher upon the exchange and this court shall  make a process into Ireland to bring the issue there I observe out of this  case the exchange be good to exchange there be warranty incident and upon  eviction a reentry which can be but that it be part of the kingdom of England  h issue shall be try in Ireland per process make out of the court of the king  in a to know facias to repeal letter patent of land there and after shall be  remand car scacc butler case upon my Lord Bacon opinion the king may change  the law of Ireland because he gain it by conquest but he can not do so by  Scotland Trin car Bradworths case Administration commit by a archbishop in  Ireland against a debtor in England the administration shall be good in  England Elizabeth carter Crofts Trin car b r croak car suit for tithe of fish  take in the Irish sea which be begin in Ireland and a sentence in Ireland for  the parson the parishioner appeal to the delegate a prohibition be pray but  deny Ireland in some respect be no part of England a fine and nonclaim bar no  man that be there not because Ireland be not a member of England but because  of absence as in case of imprisonment it be govern by the law of England  governable at least though they have a parliament and make law yet the  parliament of England bridle they process in court of law there lie not only  upon writ of error but also for trial interest also be changeable dower there  will be good in bar of dower here if the king grant land in Ireland to be hold  of he in capite it be a good tenure we may fair presume all this can not be  but by some Act of parliament which give birth to it many act of parliament if  they be to be search for can not be find a Act of parliament be make in  England that such and such process shall go into Ireland yet if a Act of  parliament in Ireland shall bind too it will take this away if they have a  power to hold a parliament which begin by Act of parliament in England they  must have the power of a parliament by consequence who be the efficient it be  the king when it be do in parliament the king do it with their consent  naturalize be a adoption of one to be entitle by birth to be entitle to what a  English man may claim and where naturalize be it take effect from the birth of  the party but denization take effect from the birth of the party but  denization take effect from the date of the patent croak James p Godfrey case  carter naturalize therefore can be partial as denization may when the king in  parliament invest they with a power parliamentary he give they power to  naturalize if he give the substance be give the consequence of it which be to  inherit as heir to his ancestor I agree if a parliament in Ireland shall say  that John a style shall be heir to John a down of land in England it be void  but if the Act of parliament shall naturalize John a style then he shall  inherit and this by way of consequence suppose a law shall be make in Ireland  that such and such a marriage shall be good which be not so in England without  question the child bear after the marriage shall not be bastard but inherit  land in Ireland and England too though in England they will be bastard  allegiance and natural subjection relate to the person of the king in his  natural carter er p capacity and follow the person of the king therefore when  by the law of England the parliament in Ireland have power to naturalize it  can be restrain to that kingdom for it follow the person of the king not as he  be king of that kingdom but as he be king naturalize be a new birth and  virtual here be the consent of the parliament of England and what they do  within their limit be good here object then the course of descent may be  change in England law in England bind not in Ireland for land unless name as  be yield and so vice line resp therefore a naturalize shall not naturalize a  man in Ireland if that be true which be not so another ill consequence of this  objection be if this do follow then this gentleman be not so much as a denizen  in England suppose the case shall fall out this man have two daughter bear  where you will in England or Ireland and he have land in both kingdom can not  these daughter make partition shall one be capable of land in Ireland and not  the other object if this politic birth give power to inherit why will it not  do it in Scotland resp they be distinct kingdom they be independent they be  not subordinate the parliament in Ireland be not hold without the king for it  be the king of England that under the great seal do give they power to hold  parliament so there be the same fountain of naturalize only there be two  stream there be a difference betwixt writ mandatory which go into all place  and oblige every subject and writ remedial which in our case go into Ireland  and not into other place till the statute of h cap Wales be not make a part of  England that statute make it so and give writ of error Wales be a feudatory to  England before as appear by the statute of ragman yet when Wales be make part  of England it be do by Act of parliament and so I conceive it be ancient in  Ireland and so I conceive Nicholas be inheritable to land in England the  parliament of Ireland have original power from that of England and if it give  power to hold parliament it give power of naturalize those thing which be not  common with others quarto modus follow the essence of be carter as to the  other part of the case it be no more than this two brother one of the brother  be never naturalize and have a son that be naturalize the son shall not  inherit because there be no nature between he and his father there S a  disability in the father the bridge be break between they it be not so between  the two brother object the office find resp that hurt not at all the king have  grant it out of he I pray judgement pro to express grief broom sergeant pro to  ward off the only question in this case be whether the title of John the  defendant son of John the son of George or the title of Patrick the son of  Nicholas be the better John be the first purchaser and Patrick the first son  of Nicholas none of they be capable to purchase land in England of themselves  the first that be make capable be John Patrick be bear in England James  Patrick at that time have no inheritable blood in he for he can have none but  from Nicholas his father and he have none from he at all unless it be by the  Act make in Ireland and that be not till the that of Charles the first set  that aside and nothing can be say for Patrick to make he inheritable to John  because Nicholas his father be live when John die and so he have no  inheritable blood in he three thing be observable this Irish Act neither by  word nor intention do naturalize Nicholas in England if both word have be  express and intention clear yet they can not by Act of parliament in Ireland  naturalize he in England admit they can do it and have do it then I conceive  the plaintiff have destroy his own title by go about to destroy we for by the  same reason Patrick be let in Robert may come in if we consider the Act it  self nothing can be gather from the title the name of England be but to  ascertain the time of accession the preface set forth the cause carter er p of  the make of it which be of two sort the induce cause the final cause it appear  by the preface the antenati in Scotland have a desire to be naturalize in  Ireland as for the body of the Act have they intend to have naturalize they in  England they will have say so it be a thing of so great consequence still  Ireland be name and not one word of England in the Act if they have be bear in  Ireland they have be naturalize in England for the law be the same in  conveyance general word be restrain by particular h so in act commentary what  be desire here nothing but to enable he to purchase in Ireland and sue there  and quell rebel second point if I shall admit by the word and intent that he  be naturalize in England yet I conceive they have no power to make law in  Ireland to bind we in England coke Inst act of parliament in England bind not  they in Ireland unless particular carter name or general include h foe  Pilkintons case Richard foe c Anderson Ororks case of land in capite in  England and Ireland there ought to be several livery Ireland former be a  signiory till h and the king be call Lord of Ireland and it be no part of the  kingdom of England as be frequent in our late book it be subordinate to we we  send writ to they they send none hither but admit all yet they have destroy  their own title we be in possession and we have a better title against all the  world but he that have better right Nicholas be naturalize and consequent what  can be say against Robert for he be Nicholas his elder brother and it be find  that he have child yet live we can let in Patrick and thrust out they if the  statute work as to he it work as to they and they come in above he as be  descendant of the old brother we find John capable to take it then by a  subsequent Act of parliament make in Ireland the antenati be naturalize then  this shall be take out of John which conceive ought not to be object regular  when one be in by descent and another be bear and come to be heir he shall  take the estate resp it be true but not always as in croak car p Kirtons case  the sister shall retain the land after the son bear she have enter and pay off  the mortgagemoney croak car reeve versus malster if land vest in a heir by  reason of contingency although another heir more near come after in be it  shall never be divest and he who will after claim ought to claim from he in  who the estate vest h in our case the land vest in George by Act of parliament  and from he it descend to John and from he to John the defendant and therefore  not to be take away by a Act make in Ireland a long time after Patrick be out  of the rule he claim not from he in who the estate vest but he claim from  Nicholas his father to who the estate never vest I pray judgement for the  defendant