case Gertrude bacon against james bacon and three other Trinity term car roll  see de gear v stone Ch d child bear abroad of English parent be consider as  naturalborn subject and the daughter of a Englishman though bear abroad may be  a English parent Vaugh   side march light Rep vent cro Elizabeth Com dig Bac  Abr see the case of Durore v Jones term Rep trespass for break his close in  Cranford upon not guilty plead a special verdict be find that Thomas Bacon  late of Cranford aforesaid be seize in fee of the tenement in the declaration  mention and have issue John and Thomas and that October die so seize which  descend to the say John who be a merchant go beyond sea to Elvin in Prussia  which be in the dominion of the king of Poland to merchandise and use the  trade of a merchant there and during his trade espouse there Elizabeth the  daughter of Francis Cockley a Englishman who exercise the trade of a merchant  in birth beyond sea and that saint August the say John Bacon die the say  Elizabeth his wife be grossment enseint with the say Gertrude croak car now  the plaintiff which Gertrude be bear the saint October at Elvin aforesaid and  that the say Thomas Bacon be brother of the whole blood to the say John and  that the plaintiff be the sole daughter and issue of the say John and that she  the plaintiff enter into the say tenement and be seize prout law demand and  the say James as son and heir of the say Thomas Bacon croak car er p enter and  oust her and continue the possession prout in the declaration c et si super  totan means c the court shall adjudge for the plaintiff they find for the  plaintiff and assess damage twelve shilling and cost and if c Brampston  Berkley and myself after this have be argue at the bar agree that judgement  shall be give for the plaintiff for her father be a English merchant and live  beyond the sea for merchandise his daughter be bear a denizen and shall be  heir to he and it be not material although his wife be a alien for she be as  Berkley say sub potestate man and quasi under the allegiance of our king and  as Brampston say although the civil law be that birth sequitur stomach yet it  be not so in our law but the child shall be of the father condition and he be  a English merchant and reside there for merchandise his child shall by the  commonlaw or rather as Berkley say by the statute of Edward saint a be account  the king liege as their father S and they all agree the soon in this opinion  by reason of a case vouch to be adjudge car which I remember be argue in the  duchy court before Hobart and Yelverton justice assist there where one  Stephens be a merchant go over the sea and reside for his merchandise and  there have child they resolve by the advice of the other justice that those  child be denizen and it be enter there accord and so in this case it be agree  and judgement be give for the plaintiff