calvin case Trin James see low v Routledge lr Ch lr hl Reg v Keyn ex d de gear  v stone Ch d Dicta at b dissent from in re Stepney election petition QBD in re  Johnson Ch 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 coke report a er p 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 Maitin 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 oneandfortieth for S pay in the hamper KINDESLEY Middlesex sacred  scripture the assize come to recognize if Richard smith and Nicholas smith  unjust and without judgement do seize rob Calvin gentle of his freehold in et  b 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 twentyone year by John Parkinson and William  Parkinson his guardian by 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 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 Noy in the rd year of the reign of the king that now be of England France  and Ireland and of Scotland the thirtyninth 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 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 form aforesaid  plead need 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 forasmuch as they have above allege sufficient matterin  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 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 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 as the aforesaid  Richard smith and Nicholas smith by their attorney aforesaid and because coke  report a er p the court of the lord the king coke a 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 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 as the aforesaid  Richard smith and Nicholas smith by their attorney aforesaid c and because the  court of the lord the king here c a the case a man bear in Scotland after the  accession of king James the first to the English throne and during his reign  may hold land in England S C howel state trial Vol h p 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 a Bulstr Yelv Owen   light b  and more keb Cr Elizabeth cro car Inst a 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 the law into the b Bulst b  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 solicitorgeneral on the part of the plaintiff and by Laur hide  for the defendant and afterward by Hobart attorneygeneral 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 on the second day appoint 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  Warburton one of the judge of the common plea and Fenner one of the judge of  the king bench and after by 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 chief justice f the king bench and sir  Thomas Eggerton Lord Ellesmere Lord chancellor of England argue the case the  like plea in disability coke b 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 exchequerchamber 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 by those that argue for the defendant it be observe that in this  plea there be four noun quatuor nomina which be call nomina operative 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 scot et extra allegiance  domini king royal power Himself England kingdom which also appear to be twice  mention videlicet kingdom England and kingdom scot law which be twice allege  videlicet law England and law scot two several and this coke report a er p  tinct law stranger which be the conclusion of all videlicet that Robert Calvin  be stranger allegiance 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 ligeantiant within the allegiance of king James of his kingdom of  Scotland be stranger 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 stranger 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 quod prd robertus be stranger born Nov  year royal power domini king nunc England c tertio at Edenburg infra kingdom  scot ac infra allegiance speech domini king speech royal power Himself scot ac  extra allegiance speech domini king royal power Himself England Regna from the  several kingdom videlicet kingdom England and kingdom scot three argument be  draw when a Ellesmeres Postnati post b   a Cawly more a two jura no indeed two  regna to run together in One mask cequum 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 coke a and consequent the plaintiff be  a alien as all the antenati 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  prdRoberti Calvin ac day before et continue postea prd kingdom scot per jura  law et to cause to stand the same royal power not common with others et non  per jura law seu statula what royal power England regulate et steer to be et  thus far be stranger from this word stranger they argue thus every subject  that be alien tribe I e alien ligeant be stranger but such a one be the  plaintiff therefore c and to these nine argument all that be speak learned and  at large by those that argue against the plaintiff may be reduce coke b but it  be resolve by the Lord chancellor and twelve judge videlicet the two chief  justice the chief baron justice Fenner Warberton Yelverton Daniel William  baron snigge baron Altham justice crook and baron heron that the coke report a  er p plaintiff be no alien and consequent that he ought to be answer in this  assize by the defendant this case be as elaborate substantial and judicial  argue b the Lord chancellor and by my brother the judge as I over read or hear  of any and so in I opinion the weight and consequence of the cause both in  prsenti 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 value 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 bid in the bowel of the earth be in respect of the mass of the whole  earth pram in mango but of this short plea it may be true say which be more  strange that here be magnum in Fate 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 bead and invention wherein they  follow the counsel give in God book interrogan 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 need 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 regulan how no one be true or strong in jure no one  it is necessary be to taste of law no man ought to coke a take upon he to be  wise than the law second in respect of our forefather Self say the text to  cause to know ten et to speak flute et ex cord his preferent eloquence they  shall teach you and tell you 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 cause 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 qustio 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 bookcase 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 bay take upon I to make a report of  their argument I ought to do the same as true full and sincere as possible 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 coke report b er p in this  case five thing do fall into consideration allegiance law Regna stranger which  legal inconvenience will ensue on either side coke b concern allegiance it be  resolve that 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 stranger 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 a  Bacon discourse of law and government d part foe c   light a Grotius lib fol a  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 birthright allegiance and  obedience to his sovereign allegiance be vinculum trust and allegiance be  quasi law essence Ligeaalia be ligarnentum 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 h lib cap speak of the connexion which  ought to be between the lord and tenant that hold by hone say that borrowed  debet be domini et fide litat connexion ita quod quantum debet omen ex homage  so much that debet dominus ex rule prter solan 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 coke a to carry back et firotegere to put under  so as between the sovereign and subject there be duplex et returning bandage  because as to put under king holding ad obedience ita king to put under  holding ad protection deservedly therefore allegiance to say a to tie because  to hold together in see duplex bandage and therefore it be hold in h a that  there be a liege or allegiance between the king and the subject and fortescue  cap king b cro arg b ad tutelage law substantial object et will do you much  good to put under to raise up be and in the act of parliament of io r cap and  r cap h cap c subject be call liege people and in the act of parliament in h  cap and h cap c the king be call the liege lord of his subject and with this  agree m skeen in his book 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 c Br Deniz postea b c denization as the book be adjudge in h fol b this  word allegiance be well express by diverse several name or synonyma which we  find in our book sometime it be call the obedience or obeisance of the subject  to the king obedience coke report b er p king e b e d Br Deniz d r a in the  book of entry ejection firm h cap h cap c sometime he be call a natural liege  man that be bear under the power of the king sub potestate king h e Henry  Fitzherbert dow Ellesmeres Postnati jenk cent e title dower vide the statute  of e c sometime allegiance be call faith fides ad fide king c Bracton who  write in the reign of h lib draw de exception cap fol be etian alian exception  queen be sound ex mask qurentia proper diminution nation ut si quis stranger  who to be ad fide king France c and Fleta which book be make in the reign of e  agree therewith for c de except ex omission participis it be say well decer to  be able quod nothing law to call to be able tanquam paraticeps eastern quod be  ad fide king Franci because different to drive back to withhold in England ab  ritual while to be ad fide ring England vide e de born ultra mare faith and  allegiance of the king of England and Litt lib cap homage b light sect b save  the faith that I owe to our sovereign Lord the king and Glanv c Salva fide  debt is owed dom king e hredibus nest sometime allegiance be coke b 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 need to  be very wary for this caveat the law give where law non to separate nec our to  separate to withhold and certain law non to separate but where in all respects  membram to divide be to be find out and prove by the law itself there be find  in the law four kind of allegiance the first be allegiance physical scientist  to set free puran et indefinite and this original be due by nature and  birthright and be call southsouthwest wind allegiance 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 here 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 form of it and this to be do upon oath at the tear of  the leet 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 h it be say prd dominus Dacre debt is owed  fideietligeant sum quod prfato lord king naturally et de jure to hang over to  withhold too little curan c and Reginald pool be indict in h for commit  treason contradom king supremum et physical scientist owner suum and to this  end be cite the indictment of Edward duke of Somerset in e and many other both  of ancient and late time but in the indictment of treason of John dethick in  and Phil and mark it be say quod prd 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 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  coke a heir without any limitation or restraint limit as when the king do  grant letter of denization to a alien and to the heir a e a male of his body  as it appear in e fol in Baggots case or to a alien for term of his life as be  grant to I reenel h it may be grant upon b   light a b b condition for   b  Inst Siderf hard light Rep and salk Mod Vaugh Dav c pron  interrog  be dare he  be to place here and there whereof I have see diverse precedent coke report b  er p and this denization of a alien may be effect three manner of way as it be  in a in dower by letter patent as the usual conquest as if the king and his  subject shall conquer another kin as well antenati as postnati as well they  which fight in the field remain at home for defence of their country or employ  denizen of the kingdom or dominion conquer of which point hereafter concern  the local obedience it be observable that as there on the king part so there  be a d   light a d local allegiance of the sub this appear in mark Br e b n c  e and and Ail and mark die Frenchman be in amity with the king come into  England and subject of this realm in treason against the king and queen a  conclude f hob   light a dyer pl Cawly f contraligeant sum debt is owed for he  owe to the king that be so long as he be within the king protection which Loa  but momentary and uncertain be yet strong enough to make a nat he have issue  here that issue be g   light a Elizabeth dyer a b g a natural bear subject a  strong under the natural and absolute allegiance of the king which as it  southsouthwest wind allegiance as the plaintiff in the case in question be  ought to subject for adverbs of place allegiance be allegiance intima et  minima et maxim making indistinct and it be to be observe that it be nec clum  nec solum neither the soil but allegiance and obedience that make the subject  bear for come into the realm and possess town or fort and have issue the  subject to the king of England though he be bear upon his meridian for that he  be not bear under the allegiance of a subject protection of the king and  concern this local obedience a pre Hilar Elizabeth when Stephano Ferrara de  Gama and Emanuel Lewis Tinoco two Portuguese bear come to England under queen  Elizabeth safe conduct and live here under her protection join with doctor  Lopez in treason within coke b this realm against her majesty and in this case  two point be resolve first that their indictment ought to begin that they  intend trea queen c omit these word physical scientist a house svan and ought  a Inst die pl Cawly hob   light a a ligeant sum debt is owed but if a b Inst  Bacon hist h foe east b alien enemy come to invade I take in war he can be  indict of treason b Vid king v Depardo taunt that a manslaughter commit in  china by a alien enemy who have be a prisoner of war and be then act as a  mariner on board a English merchantship and the decease be a England try here  under a commission issue in pursuance of the statute Geo c b for the indict  can conclude contraligeant sum debt is owed for he never be in the protection  of owe any manner of allegiance unto he but malice and enmity and be put to  death by martial law and so it be in year h I case who be a alien bear in  Flanders feign himself to be a Edward the four and invade this realm with  great power with upon he the dignity royal but be take in the war it be  justice that he can not be punish by the commonlaw but be and marshal who have  special commission under the great seal to e the same accord to martial law he  have sentence to be quarter which be execute accord and this appearet Griffith  attorneygeneral by a extract out of the book of Hobart to king h now be we to  speak of legal allegiance which in our book videlicet e title avowry e fol e  title avowry c be call suit royal coke report a er p because that the  allegiance of the subject be only due unto the king this oath of allegiance  appear in Britton who write in year e 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 memeber and  terrence 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 form and addition of the oath  be ex provision man in this oath of allegiance five thing be observe 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 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 coke a 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 in what manner and faith and troth shall bear c of life  and memeber that be until the let out of that elast drop of our dear heart  blood 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 h b that he that be swear in the leet be wear 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 tear and  leet be first institute by king Arthur for so I read Inter law consecrated  eduvardi king ante complaint cap et quod all men Princeps et comites proceres  soldier et unconstrained man to withhold to swear falsely c in Folkemote et  similiter all men proceres royal power et soldier et unconstrained man whole  world all royal power Britons to make to withhold inpleno Folkemote  faithfulness lord king c Hanc law come upon arthurus king Saracenot et enemy a  royal power c et what law authority ethelderedus king to make one et eoden die  per whole world rregnum Dane to strike down Bide Lambert inter law king  eduvardi see l l Saxon per Wilkins p 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  birthright 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 allpurposes 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 h title denizen Br homage in our book be twofold that be to say  homage ligeum and that be as much as allegiance of which Bracton speak c f  soli king debet without rule seu slavery coke b and there be homage feudal  which have his original by tenure in Fitzherbert nat short catalog there be a  writ for respiting of this late himage which be due ration fee sive tenur to  know quod respectuamus homage we de land et property queen tenenter de we in  capite debit but homage ligeum I e allegiance be inherent and inseparable and  can be respite now be we come to and almost pass the ocnsideration 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 ad haec qustionem where be to say berus et  trusty to put under be send ad hand qutionem wicker basket be recte et apt to  answer spit et trusty ligeus c be but yet coke report a er p for the great  illustration of the matter the 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 stat of h cap and e 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 realmof England or Scotland c then be not they bind to go  out of the ocntinent of the realmof England or Scotland c and the opinion of  Thirninge in h 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 e c e c h c c h c h c c in and e bigot earl of Norfolk and Suffolk and earl  marshal of England and Bohun earl of Hereford and high constble of England do  exhibit a petition to the king in French which I to have see ancient record on  coke a 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 form after be declare by the say  statute which seem to be but declarative of the commonlaw and this do  plentiful and namifestly appear in our book be true and right understand in h  title protection one have the benefit of a ptotection 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 a viceroy go the same be adjudge a voyage royal  h fol b 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 protectins 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 prceptum nostrum and the usual word of the writ of  protection be in servility our men Fitzherbert protect h fol a it appear that  englishmen be press into Guyienne Fitzherbert protect Br protect e a into  gascoigne with the duke of Lancaster h title protection into Fitzherbert  protect gascoigne with the earl of Huntington steward of Guienne and h into a  Fitzherbert protect   light b Br protect a Ireland and out of this realm with  the duke of Gloucester and the Lord knolles vide b Fitzherbert protect Br  protect b h b and it appear in Edward title avowry ass h 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 seven 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  naturalborn 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 coke b in the register fol b king whole world et one admiral castellan  jailer coke report a er p a military camp villar et another fortalitiorum  prpositis viscount mayor custumariis custodib a harbor et to another place to  place of the sea bailiff attend et other fidel nest tam in beyond sea how in  cismarinis partib ad quos c sallutem to know quod to take in protection et  defension our men nor ad salv et securan gardian our men W to come in kingdom  nostrum England et power our men tam per earth how per mare cum to make one  valetto his ac res ac good svan qucunque ad tractand cum selection our men et  faithful l pro redemption prisonarii Self l infra kingdom et power our men prd  per sex menses to delay et thence ad not common with others Of persons et  therefore c quod Self W cum valetto rebus et good nest prd to come in regn et  power our men prd tam per land how per mare ibidem ut predict be ex causan  antedicta to delay et thence ad not common with others Of persons mauteneatis  to cover before et to ward off non to bring in c per sex menses to make hard t  c in which writ tfree thing be to be observe that the king have fide et trusty  in partib beyond sea that he have protection in partib beyond sea that he have  power inpartibus beyond sea in the register foe king whole world et one  admirallis garrison jailer a military camp a country et another fortalitionrum  prpositis viscount mayor custumariis custodib a harbor et to another place to  place of the sea bailiff female attendant et other trusty nest tam in beyond  sea how in cismarinis birth ad quos c health to know quod to take in  protection et a defending our men nor in salv et ax contraction our men I  valettum p et l Burgensuim de lion hostage our who de freedom our men ad part  beyond sea to make headway be pro finantia a master of oneself predict to hold  fast well defendan to go ad part predictas ibidem to delay et thence in  England Of persons et therefore thou mandamus quod eiden I to go ad part prd  ibidem to delay et thence in England Of persons ut prd be in mask good or  revus nest non to bring in seu quantum in vobi sest ab other to bring in to  let pass in an unjust manner trouble c or gravamen say the dawn rather salv et  securm contraction cum per loca passus seu to draw asunder your to go over et  super hoc require to be nest 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 and  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 VI for  the king command trusty nest his faithful magistrate there coke a 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 prpositis  bailiff et trusty nest in leadership Aquitania ad quos c health because  beloved we t et a fellow citizen community Burdegal in person we in cancellar  nost England et of Aquitania jura svan to follow et to fear ex having  appearance of truth conjecture per a certain Himself to drive together tam in  corpore how in rebus nest 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 prservare to take Self t et a res ac  legitimate possession et good svan qucunque in protection et salv gardian our  men not general et thou et who your injungmus et mandamus quod Self t et a  household res ac good svan qucunque a violence et trouble indebitits to ward  off et Self in justice possessionibussuis manuteneatis et si quid in  prjudicium what protection et spurt gardi nost attempts to draw to come upon  ad position debt is owed to lead back et ne quis see to be able per ignorance  to excuse prsentem protection et salv gardian our men to make in region de who  require to be infra district your publice flows into to hold in imnibus et one  sub pnis heavy ne speech a et t seu slave nest in mask seu rebus nest 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 protetionis et sal guard remember  cum super hoc eoquisiti to be to put at in pron  interrog  c that in the  Palatine hill our men Westminster sub great seal testimony sexto die Augusti  year e king whole world et singgulis seneschallis constabular garrison prposit  a silver mina et omnib bailiff et trusty nest in rule our men of Aquitania  agreed price ad quos c salut willing g et r wife he favor attendance gracious  Self g et r man et household urge ac legitimate possession et good svan  qucunque to take in protection et a defending our men nor in salv gardian our  men not general et therefore thou et who your injungim et mandamus quod Self g  et r the dawn man household urge ac legitimate possession et good svan  qucunque 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 vilentiam hinder coke report b er p mentum some seu gravamen et  si quid the dawn forfeit to do an injury well contra eos not owed attempts to  draw to be id the dawn without dilation shoelace et ad position debt is owed  to lead back to make prout ad thou et who your to get knowledge of to stretch  out penocellas super house nest in signum to make hard t c coke b 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 poweer 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 send non king to send away native land send non  father father 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 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 kingom of Scotland infra allegiance  king reggni Himself Scoti 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 insufficient and against the nature and quality of natural lineage as  often it have be say and coke chief justice of the court of common plea cite a  rule case out of Hinghams 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 name 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  Denglitterre et demand judgement S Elizabeth doit action aver that be she be  not to be answer for that she be a French woman and not of the allegiance nor  of the faithof England and damanded 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 Denglitterre 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 coke a which  latter 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 overrule 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  restrainet 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 quod allegiance physical scientist no one monastery to  enclose on all sides no one metis refrnatur no one boundary to press and by  that which have be say it appear that this legeance be due only to the king so  as therein the question be not now who send 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 Inst b  politic body or capacity so call because it be frame by the policy of man and  in e b be call a mystical body and in this capacity the king be esteem to be  immortal invisible not subject to death infirmity infancy a postea a   light a    a Plowd a a b ass Fitzherbert enfant Br age a nonage c pl Com in the case of  the coke report b er p Lord Berkeley and in the case of the duchy e 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 b 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 a before a b Inst hob die pl  Cawly   light a a ligeantice sum debt is owed ergo the allegiance be due to  the natural body vide fit justice of peace and pi corn 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 h e c and queen Elizabeth die otherwise you  shall have many king at once in and Ph and mark dyer b this case be not in the  book at large but be in the abridgment of die foe stow abridgm p speed ohron p  col n um b one constable disperse diverse bill in the street in the night in  which it be write that king e be alive and in France c and in colemanstreet 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 c   b   light b   a c  body politic be invisible can as a body politic neither make or take homage  vide h title fealty brook in fide in faith or allegiance nothing ought to be  feign but ought to be exfidenonficla the king hold the kingdoi 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 name and successor be attendant upon heir and yet in our  ancient book succession and successor be take for hereditance and heir bract u  de Acquirendo a thing Dominio c et sciend be quod hreditas be succession in  whole world law quod death antecessor to have ex cause wherever acquisition  well succession et alibi relation by marriage jure no one succession  permitlitur 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 postfacto 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 d Inst d and clerk see plow in inpriests and other be of  opinion that his majesty be no complete and absolute king before his  coronation but that coronation do add a confirmationand perfection to the  descent and therefore observe their damnable and damned consequent that they  by a 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 e Inst e  coronation be but a royal ornament and outward solemnization of the descent  coke report b er p and this appear evident by infinite precedent and book case  example in a case so clear for all king Henry VI be not crown u his reign and  yet diverse man before his coronation be attain felony c and he be as absolute  and complete a king both for man as for grant c before his coronation as he be  after as it appear of and year of the same king and the like for many other  king of this realm which for brevity in a case so which it manifest appear  that by the law of England there kingdom within the same if the king be seize  of land by a d die seize this descent shall toll the entry of he that right by  a   b a e but if the next king have it by succession that no entity as it  appear by Littleton fol if a seize of a land to the king who die seize this  descent take away the e as it be say in h fol b   b   light b h Plowd a b  Fitzherbert guaranty Br asset per descent Br tail Br Prrog Br search pur Le  roy Br guaranty   b h P C b lib ass pl blow   case be king h give a manor to  his brother the earl of   what time the same be a feesimple conditional king h  die Q if not so between king I abdication and king W succession post a statute  of gift conditional have no issue by deed exchange warranty for other land in  fee and die without issue andassets descend upon his nephew king Edward I and  it be a warranty and asset which descend upon the natural person of he of the  possibility of reverter in the reign of Edward the Sp and the son to cover the  treason hatch in their heart invent damned opinion that homage and oath of  allegiance be more by re crown that be of his politic capacity than by reason  of the person oh upon which opinion they infer execrable and detestable conseq  king do not demean himself by reason in the right of his crow by by oath to  remove the king see that the king can not b of law that ought to be do by the  sword that his liege b in aid of he and in default of he all which be  condemned b one in the reign of Edward call exile hugonis Le Spencer and that  Edward c Bracton lib de Acquirendo a thing Dominio c f for Corona king to make  the whole of the laws et judic ettenere peace et without quib non to be able  nee rashly hujusmodi autem jura sive jurisdiction ad pers to bear non polerunt  nee a privatd persond to have and hold nee user nee hoc datum to be ei over as  jurisdiclio refer to refer to non pole to stay behind cum Self ring et lib de  act cap fol to disjoin autem debet king cum sit God that supplies a place in  land law ab in an unjust manner how ab to render unfavorable ut honest vivre  et quod nullus other to eat et quod unicuique quod suum contribution To give  back in respect whereof one say that Corona be quasi cor menta are pity et  juslicia and therefore a king crown of the law where justice c be administer  for so say p v crown to say law judgment be proplerea quod cerlis be chain  come our men veluli 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 u capacity of the king that in rei verilate have  capacity and be adc with endowment as well of the soul as of the body and  thereby and judgement accord to right and equity and to maintain the find out  and discern the truth and not of the invisible and no indeed have no such  endowment for of itself it have neither soul nor b diverse book and act of  parliament speak of the allegiance of England as e title cosinage Edward e  title brief Edward stat de born ultra coke report a er p mare all these and  other speak brief in a vulgar manner for a keb cart roll Rep Het   b a 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 coke a 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 queen arm modus to the king onmi 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 I e of the politic capacity Fitzherbert nature  brey fol tenure in capite be a tenure of the crown and be a seignory in gross  that be of the person c Vid hargrave note   light a c of the king and so be h  dyer fol a tenure in chief as of the crown be mere the tenure of the person of  the king and therewith agree h title tenure Br the statute of h cap ultimo  give prior alien which be conventual to the king and his heir by which gift  say u h the same be annex to the crown and in the saidAct of Edward whereas it  be say in the beginning within the allegiance of England it be twice afterward  say in the say 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 prmunire say that the same be the king law and so do the register  in the writ of swear by regius style the same the reason and cause wherefore  by the policy of the law the king be a body politic be three videlicet causan  grandeur causan necessitate and causan utililatis first causan grandeur the  king can give or take but by matter of record for the dignity of his person  second causan necessitalis as to avoid the a   light a Bacon h foe Fitzherbert  parliament Br parliament Plowd b a attainder of he that have right to the crow  as it appear in h lest in the interim there shall be a b I W m cap sect    light a b interregnum which the law will not suffer also by force of this  politic capacity though the c   a roll Plowd a a b ass Fitzherbert enfant Br  age Mod   light b see Trebys argument in the quo warranto c king be within age  yet may he make lease and other grant d Vid as to the king grant the note to  the case of Alton wood   b et seq d and the same shall bind he otherwise his  revenue shall decay and the king shall not be able to reward service c last  causan usefulness as when land and possession descend from his collateral  ancestor be subject as from the earl coke b of march c to the king now be the  king seize of the same injure Coron in his politic capacity for which cause  the same shall go with the crown and there albeit queen Elizabeth be of the  half blood to queen mary yet she in her body politic enjoy all those feesimple  land as by the law she ought and no collateral cousin of the whole blood to  queen mary 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 to our  natural liege sovereign descend of the blood royal of the Kin !s of this realm  and thus much of this general part de ligeantid n owe 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 coke report a er p the law of  nature be before any judicial or municipal law fourthly nature be immutable  the law of nature be that which God at the time of creation of infuse into his  heart for his preservation and direction and this be law terna the moral law  call also the law of nature and by this law write God in the heart of man be  the people of God a long time go law be write by Moses who be the first  reporter or writer of the apostle in the second chapter to the Roman say cum  for gentes queen elegen non to have naturally she queen legissunt fanciunt and  this be within the moral law honor father which doubtless do extend to he that  be pater father and these be the word of the great divine Hoc Deus in Sacris  scripture jubet hoc ut who to put under to give ear superior and Aristotle  nature secretary lib cap that law natural be quod at all men man the same to  have force agree Bracton lib cap and fortescue cap and student cap and and the  reason hereof be for that God a coke a to all and therefore the law of God and  nature be one to all nature be the faith allegiance and obedience of the  subject due to superior and Aristotle politicorum prove that to command nature  and that magistracy be of nature for whatsoever be necessary for the  preservation of the society of man be due by the law of nature and government  be necessary and profitable for the preservation man therefore magistracy and  government be of nature and erewith accord Tully lib de law without command  nee house any nec civilas nec whole world genus stare nec ipse finally  universe to be able this law indeed be the eternal law of the creator infuse  into the heart of the time of his creation be two thousand year before any law  write judicial or municipal law and certain it be that before judicial be make  king do decide cause accord to natural equity a any rule or formality of law  but do dare Jura and this appear by fortescue cap and and by Virgil that  philosophical poet that Aeneid Hoc priani gestamen to be cumjura peremptory or  urgent call more claret populism and that aeneid Gandet royal power of Troy  Acestes Indicitlue forum et birth that jura peremptory or urgent call and  Pomponius lib cap de origin law affirm the Superbuss time there be no civil  law write and that one of the rural tribes observation into write which be  call Jus civil Papirianum wherefore law be make and publish appear in  fortescue Tully lib a service at cum law quabile ab to make one man man non to  follow invention are law now it appear by demonstrative reason faith and  obedience of the subject to the sovereign be before 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 to such as owe obedience faith and  allegiance before in respect with bind to obey and observe they in vain for  coke b 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 or municipal law have inflict and impose in several  place or 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 certain punishment or penalty yet the very law of nature itself never  be nor can be a black dr and Stud a ante b a alter or change and therefore it  be certain true that b cart b jura physical scientist coke report a er p 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 ware e  wardship by reason of knight service abolish stat car cap e 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 be do not a   a   b   light b Br guard Br forfeit Plowd a Englefields  case Inst a forfeit this wardship for nature have annex it to the person of  the father as it appear in h b et bone king nothing a good patre full et  native land to say a patre because to have communes father who be pater father  in the same manner maris et fmin 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 f appeal of treason  felony and other offence abolish stat Geo cap f for he must bring his appeal  as heir which be ex provision man he lose it by the attainder of his father  but his b Stamf cor c h a Br appeal Fitzherbert cor Inst b 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 fmin 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 h 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 yet she remain her daughter for that  be of nature and herewith agree e 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 coke a protection  which by the law of nature be give to this king for that be indelebitis et  unchangeable and therefore 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 h 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 wonder of nature  give unto he and therefore notwithstanding that statute the king may protect  and pardon he and though by that statute it be far 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 h 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 n b a utlagatis be quasi extra law  situation and bract tract c say that she put 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 h that no man shall serve the kin 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 h 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  coke report b er p 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 postnati I e of Scotland and we of England be unite by  birthright coke b in obedience and allegiance which be the true cause of  natural subjection by the law of nature it follow that Calvin the plaintiff be  bear under one allegiance to one king 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 birthright  be natural procreate of the blood royal of this realm second Calvin the  plaintiff naturalize by procreation and birthright 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 contranaturam appropinquate ad suum that which divides tanto  lame et slow are he movement send physical scientist movement how much to  greater extent approprinquat ad suum that which divides tanto strong et swift  are he movement hereby it appear how weak the objection ground upon the rule  of a Ellesmeres younger c   a Cawly before b more a how much du jura to run  together in und persond 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 cteris 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 send regnant nonpatriarum send father a  fatherland non coronar send crowner non king of a municipality send 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 postnati and we join in allegiance to that one head which be copulan 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 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 coke a parliament of recognition the d 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 overrule 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 d  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  that 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  England and Scotland remain several and 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 a dyer pl   a b Inst  a 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 coke report b er  p baron viscount earl marquis or duke of England bring any action real or  personal and the defendant plead 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 a   light b   a   a a   Inst roll more a  record g vide note a countess of Rutland case   b g 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 six 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 coke b Upper house of the parliament of England and herewith agree the  bookcase of b   b Br Nosme de dignity b Edward a b and I 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 r title c    b Fitzherbert proc c 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 d die pl   light b Acc Freem d  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 e title  Br e more   b postea a e where the case be that Alice which be the wife of r  de bring a writ of dower against John earl of Richmond and the writ be prcip  Johann comit Richmondite guard land et hredis of William the son of r de the  tenant plead that he be duke of Britain not name 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 f more f 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 see where treat of the jurisdiction of the king court of  Marshalsea it be say et hc in all respects ex duty his to be for sale to make  to be able sacred scripture seneschal all hospitality king non to stand before  alicuj freedom etian in another royal power dumb yet party in law suit in  hospitality king to be able to come upon secundum quod to touch parish year  Edward de Engelramo de Nogent capacity in hospitality king England Self ring  tunc at Parisian existent cum paten silver to rage recenter sum er facto ring  France tunc presentee et unde although curian king France de prd latrome per  garrison parish to strive for to be condition from here et ind treaty in  council king France tandem consideratumfitit quod king England that regius  prrogativa et hospitality Himself privilegi act  et ganderet who in person  Roberto Fitzjohn soldier tunc hospitality king England seneschallo de  brigandage convidus per gaze of looking he cur to be a more a to hang up in  forkshaped yoke consecrated the Baltic de meadow which prove that though the  king be in a foreign kingdom yet he be judge in law a king there the other  part of the say diversity be prove by the bookease in b   b Br Nosme de  dignity b e fol a b where in a writ of debt bring by sir I Douglas knight  against Elizabeth Molford the defendant demand judgement of the writ for that  coke a the plaintiff be a earl of Scotland h by the act of union Ann c and and  Geo c peer of Scotland and Ireland shall enjoy all privilege of peer as full  as the peer of great Britain the right and privilege of sit in the house of  lord and the privilege depend thereon and the right of sit on the trial of  peer only except h but not of England and that our coke report b er p  sovereign Lord the king have grant unto he safe conduct not name by his name  of dignity judgement of the writ c and there justice Littleton give the rule  the plaintiff say be 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 art 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 bookcase out of which I collect three thing first that the  plaintiff be name by the name of a knight wheresoever be receive that degree  of dignity vide c Br brief Fitzherbert brief c h b accord that a earl of  another nation or kingdom be no earl to be so name in legal proceed within  this realm and herewith agree the book of d e Fitzherbert brief before b more    b d Edward the earl of Richmond case before recite 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 now be we in order come to  the four noun which be the four general part stranger wherein six thing do  fall into consideration who be stranger 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 or 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 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 stranger be alien  tribe seu alien ligeantice who etian coke b to say foreigner another foreign  foreigner 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 be S 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 a before a a Edward b book of entry fol c which can possible be  plead in this case for two cause for that one king be sovereign of both  kingdom 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 c fol that b Stamf cor f b Canute the Danish king have  settle himself in this kingdom in peace keep notwithstanding for the better  continuance thereof 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 political 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 sixtysix coke report  a er p 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 allegiance 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 ad fide king Franci 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 coke a 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 experience the Angli that be make denize quod  to say ad scot et lot to unravel secundum law the Angli every man be either  stranger 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  acquire and get within this realm by gift trade or other lawful mean any  treasure or a   light b a good personal whatsoever as well as a Englishman and  may maintain any b Bulst Yel Owen   light b and more keb Cr Elizabeth Cr car  Inst die pl Benl b n c Br nonability b action for the same but c Poph   light  b die pl sand Bos pull c 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 d wing Maz skin d  unfriendly perpetual enemy for the law presume not that they will be convert  that be to move back potenia a remote possibility for between they as with the  devil who subject they be and the Christian there be perpetual coke b  hostility and can be no a Inst a peace for as the apostle say cor queen autem  assembly Christ ad Belial or queen pars faithful cum not to be trusted and the  law say judo 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 h fol where it be hold that a pagan can have or maintain any  action at all I the position in the text seem to have be a common error find  on a groundless opinion of justice brook anon salk and have long since be  explode Omichund v Barker I atk sc  will SC Willss Rep I and upon this ground  there be a diversity between a conquest of a kingdom of a coke report a er p  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 will et death power he may  at his pleasure alter and change the law of that kingdom but until be do make  a alteration of those law the ancient law of that kingdom remain king 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 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 Act of the parliament of  England that albeit no coke a 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 a  conquest of 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 antenati as postnati 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 firm  h b c now what a subject bear be appear at large by that which have be say de  allegiance and so likewise de king memorandum that of August it be say by the  master of the roll to have be determine by the lord of the privycouncil upon a  appeal to the king in Council from the foreign plantation saint that if there  be a new and uninhabited country find out by English subject as the law be the  birthright of every subject so wherever they go they carry their law with they  and therefore such new find country be to be govern by the law of England  though after such country be inhabiter by the English act of parliament make  in England without name the foreign plantation will not bind they for which  reason it have be determine that the statute of fraud and perjury which  require three witness and that these shall subscribe in the testator presence  in the case of a devise of a land do not bind barbados but that ndly where the  king of England conquer a country it be a different consideration for there  the conqueror by save the life of the people conquer gain a right and property  in such people in consequence of which he may impose upon they what law be  please but dly until such law give by the conquer prince the law and custom of  the conquer country shall hold place unless where these be contrary to our  religion or enact any thing that be malum in see or be silent for in all such  case the law of the conquer country shall prevail peer William et Vid Collett  v Lord Keith east Blankard v Galde Mod SC salk attorneygeneral v Stewart Meriv  coke report b er p 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 naturalborn subject and it appear before  out of the law of king W of what antiquity the make of denizen by the king of  England have be there be regular 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 f England have absolute right to other  kingdom or dominion as France Aquitai 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 naturalborn subject and yet  they be bear outof the king dominion but if enemy shall come into any of the  king dominion and surprise any castle or fort and coke b 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 a vent Vaugh a 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 antenati 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 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 h cap and h 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 aneid 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 a   a   light a Poph a  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 write to pope clement datum at Westminster die  September and royal power our men Franci royal power yes England now be we to  come to the example resolution and judgement of former time wherein two thing  be to be observe first how many case in our book do overrule this case in  question for where b   light a a a b eaden 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 coke a it is necessary quod custom et experience  to lead in be et si how in re hoc de cerit recur coke report a er p again be  ad 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 cesser id to watch oporlet quod custom et experience to lead in be  et si how in re hoc to withdraw tune id quod neighbor et subsequent ei be et  si id non that this only is apparent tunc law quo city Romana act  to make  safe oportel 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 in question 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 a   a   a Caudrys case Cawly    light a a who in suit art to pass away be credendum et quod whoever it be b    b       light a   a gascoin Vasconia Gasconia b to get knowledge of in hoc see  to drive et all men foreseeing that to send to solent unce to make good ii who  in sum parley bene 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 gascoigne be parcel and the earldom of Poitiers  come to king Henry the second by the marriage of Eleanor daughter and heir of  William duke of Acquitain and earl of Poitiers which descend to Richard I  Henry Edward I Edward Edward c in lib c more post b c 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 Kins 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 gascoigne within the allegiance of the king which point be  put in issue and find by jury to be true it be adjudge that he shall have  restitution of his possession general without mention of advowson after which  restitution one of the coke b say advowson become void the prior present  against who the king bring a quare hinder wherein the king be bar and NI this  be contain in the latter petition and the book say that the earl of Arundel  and sir guy of 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 land 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 nam  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 the bar that he be  bear extra allegiance king royal power Himself England et infra allegiance  rule Himself Vasconice 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  be sometime 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 Poland be coke report a  er p sometime dukedom and now kingdom and omit many other and come near home  Ireland be before h 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 gascoin of land in England and in gascoin ergo the gascoin be  no alien for then have he not be capable of land in England h the king bring a  writ of right of ware against one Sibil who husband be exile into gascoin coke  a ergo gascoin be no parcel or member of England for exile be patrice a taking  away time of birth soli mutation law nativar loss e b the king direct his writ  out of chancery under the great seal of England to the mayor of a Vaugh   b  roll   light a Br trial a Bourdeaux 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 short catalog mandatoriae tremedialia etbrevia 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 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 fide 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 Reg fol Stamford Prrog 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 e cap it be agree  that the Gascon be of the allegiance and subjection of the king vide Edward  cap and h cap c Guienne be another part of Aquitaine and come by the same  title and those of Guienne be by Act of parliament in h not imprint ex rot  parliament eoden 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 Prrog c  f coke b 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 four archbishopries bishopric  earldom barony and above a thousand captainship and bailliwicks and in all  this long time neither book case nor record can be find wherein any plea be  offer to disable any of they that be bear there by foreign birth but the  contrary hereof direct appear by the say book case of a day a more Normandy  normannia Normandia a lib ass 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 Prrog Reg e that they be inheritable to and capable of land in  England for ten purview of that statute be quod king to have escaelas de  terris Normannorum c ergo Norman may have land in England et hoc similiter to  come to know be si aliquan hreditas to climb down some born in birth beyond  sea c whereby it appear coke report a er p that they be capable of land within  England by descent and that this Act of e 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 e t 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 Prrog cap fol expound the say statute of e cap conclude  that by that chapter it shall appear as if he have say it be apparent without  question that all man bear in Normandy gascoin Guienne 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 the be one allegiance due to one  sovereign Kel pl Inst   light b Seld mare clau lib cap Guernsey and jersey and  so much omit nine other authority for Normandy save I can let pass the isle of  Guernsey and jersey 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 coke a bear in Guernsey and jersey though those isle  be no parcel of the realm of England but several dominion enjoy by several  title govern by several law be inheritable and capable of any land within the  realm of England e fol 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  prd nec aliquan alian to carry on business de islander prd to bring forth non  to withhold to set bounds nisi secundum law come upon prd and c and the  register fol king trusty nest 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 that 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 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 of Henry the first take to her  second husband Jeffrey Plantagenet earl of Anjou tourain and main who have  issue king h to who the say earldom by just title descend who and the king  that succeed he style themselves by the name of come Andeguv c until king e  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  naturalborn 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 Inst    light b kelw pl and as it appear by diverse ancient and authentic record as  take one for many Artold king of man sue to king h to come into England to  confer with he and to perform certain thing which be due to king h thereupon  king h December and regn Himself at Winchester by his letter patent give  licence to Artold king of man as follow king omnibus health to know quod  freedom dedimus c Artoldo king de man to come ad our in England ad loquend  nobise et ad faciend we quod to make debet et therefore thou mandamus quod ei  king in to come ad our ju England well there to delay well ind Of persons no  one to make ant become to let pass damnum injure trouble or gravamen well  etian hominib nest quos secure 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 ad fast S mich wherein coke b two 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 Kizig 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 h that where a office be find after  the decease of Thomas earl of Derby and that he die seize coke report a er p c  of the isle of man that the say office be utter void Acc Keilw for that the  isle of man Normandy gascoigne 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  Wales Cambria wallia keb Inst c blow b Vaugh   light b Fitzherbert protect Br  protect keb Vaugh be some time a kingdom as it appear by h fol and by the Act  of parliament of h c 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 I cap e e e  title jurisdict h blow Com and in this respect in diverse ancient charter king  of old time style themselves in several manner as king Edgar the larger island  ba mXcy ethelderedus all Albio Dei foresight imperator edredus full Britons an  absolute ruler which among many other of like nature I have see but by the  statute of e Wales be unite and incorporate into England and parcel of England  in possession and therefore it be rule in h f a that no protection do lie  because to delay in wallia because Wales be within the realm of England    light b Fitzherbert protect Br protect keb Vaugh 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 naturalborn subject and capable  and inheritable of land in England as it appear in blow Com and therefore  those that be bear in Wales before e while it be only hold of England be  capable and inheritable of land in England 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 coke a 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 and h with the Lord treasurer  remembrancer be strong urge and object for it be say thereby it appear that  king h in year of his reign do make denizen one reenel 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 Beynel to be a servant our c  infra kingdom nostrum France to arise pro boundary will sum sit ligeus our et  eoden modus to hold as spit et trusty our infra kingdom England to arise ac  quod ipse land infra kingdom nostrum England seu alian owner our men per  quirer to be able et to be strong now if that reenel 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 be 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 have call he by the name of  magister Johannes Beynel but without question he be antenatus bear before the  king have the actual and real possession of that crown 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 kelw pl and Br trial Br error Br cinque port Vaugh  Inst in and from the reign of king Edward the three until the loss 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 e c vide h coke report b er p b h e a b h a e a h b by all  which it be manifest that Calais be parcel of France be under the actual  obedience and commandment of the king by consequent those that be bear there  be naturalborn subject and no alien Calais from the reign of king Edward until  the five year of queen mary remain under the actual obedience of the king of  England coke b guines also another part of France be under the like obedience  toKing Henry the six as appear by h fol 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 next follow Ireland   c Inst c  day proof Rep Ventr 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 BaoOEVg all nom  prop   the great sea queen britain circumjacent imperator et dominus ratias ago Self  a god almighty power king meo who meum command to widen et be praised super  kingdom father an umbelliferous plant c I to go away jpropilia divinity cum  the Angli command in all respects regna nom  prop  the great sea et cum nest  wild king usque Norvegiam maxim and parten spend the winter cum shall  noblissima community de dublina the Angli royal power To bring under the yoke  how near et ego Christ glory et lauden 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 spend the winter Dux  normann Dux acquittan et come Andegay king of England Lord of Ireland duke of  Normandy duke of Aquitaine and earl of Anjou   Inst and and day a jenk cent Br  parliament vin ab Ireland a   Litt a that Ireland be a dominion separate and  divide from England it be evident from our book h sir John pilkington case h  Elizabeth dyer blow Com and r a Hibernia to have parliament et fanciunt law et  our men to cause to stand non to tie eos because non miltunt soldier ad  parliament which be to be understand unless they be especial name send person  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 Guienne concern their law ex rotulis force de  year king h there be a charter which that king make beginning in these word  king c baron soldier et omnibus liberan to hold l health satis ut to give as a  loan coke a your andivit discretion quod when good memory a   Litt b vent a  Johannes quondam king Anglj pater our go for sale in Scotland ipse to lead  secun a potent juice to separate et law perilos quorum common council et ad  earnestness Hibernensium statuil et precepit law Anglicanas in spend the  winter ita quod law easden in writing to drive back to leave behind sub sigalo  his ad 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 h S  Elizabeth b   b cart b dyer and for that they retain unto this day diverse of  their ancient custom the book in h hold that Ireland be govern by law and  custom separate and diverse from the law of England a voyage royal may be make  into Ireland vide c Fitzherbert protect Br protect c h a d Fitzherbert protect  Br protect d e a which prove it a distinct dominion and in year Reg Elizabeth  it be resolve by all the judge of England in the case of e Inst   Litt b and  vent cart Cawly e OF Burke a Irishman who coke report b er p have commit high  treason in Ireland that be by the statute of h 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 f h c f 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 g Cawly   Litt b Inst g fine  provision be make for they that be out of this land and it be hold in blow Com  in Stowels 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 postnatus in  Scotland for the Irishman be bear extra allegiance king royal power Himself  England c which be word operative in the plea but all man know that they be  naturalborn subject and capable of and inheritable to land in England last to  conclude this part with h Inst Plowd b Scotland Scotia h Scotland itself in  ancient time part of I heylin cosmog lib p I Scotland beside Berwick be within  the power and allegiance of the king of England as appear by our book king  Fitzherbert brief king e b the Lord Beaumont case e 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 coke b ex  rotulis Scoti year Edward among the record in the tower of London king c to  put Bich Talebot justice nostrum farm overseer Berwici super twedam ac all  something else the earth our I n vartibus scot ad faciend in all respects et  one queen ad duty justice pertinent secundum lege meet experience royal power  scot and after year e ex eoden rot king Henry de Percey Ricarda de Nevil c to  will et thou et one your tenore prsentium To bring together et mandamus quod  man our men de scot ad peace et obedience our men to step out law freedom et  book custom who Self et he that goes before Himself tempore frequented memory  Alexandri quondam king scot reasonably use to be in order that ut to rejoice  to withhold prout in a certain indenture de abundantly to say to hold together  and there be a writ in the register a dedimus power recipendi ad fide et peace  our men man de Galloway now the case in a Fitzherbert brief Ant a a Edward b  which be within sixteen year of the say grant concern the law in e 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 b side burro b  Berwick 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 on king be  naturalborn subject and no alien as it appear in r cap c vide c Fitzherbert  protect Br protect c h b h a 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 beptarchy last seven several crown king  of seven several and distinct kingdom but in the end the west Saxon lot the  monarchy and all the other king melt as it be the 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 coke report a er p and sovereign be all  naturalborn subject and capable of and inheritable unto any land in any of the  say kingdom coke a 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 for  by his own word ego a human being sum indeed Judus a the capital of Cilicia  Cilicice non pardon community citizen and in the d chapter for ego sum man  Judus born the capital of Cilicia Cilicice c and then make that excellent  sermon there record which when the jews hear the text say for to lift up voice  svan to say to lift de land hujusmodi non for fas be the dawn live to cry out  autem the dawn et projicient garment svan et dust to scatter in aeren 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 ecedi and to turn the dawn  quid ita ut to know near how causain such to call to and when they have bind  Paul with cord ready to execute the tribune 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 adurus es hic for a human being fellow citizen of  Rome be then come the tribune to Paul and say unto he dic thousand si tu of  Rome es at that dixit etian and the tribune answer ego many men summa  community haec to follow sum but Paul not meaning to conceal the dignity of  his birthright 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 birthright and inheritance straight on ergo say the text to go away ab  there who that torture to be the head of a tribe likewise tinuit after to know  because fellow citizen of Rome essel 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 coke b allegiance emperor  royal power Himself Italians et infra allegiance emperor royal power Himself  Cilicice c but as saint Paul be Judus native land et of Rome privilegi Judus  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 Jewry 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 different e 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 cum great voice to make  much of god et to fall in facien 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 stranger 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 poluisset Satan  de clo pro svan disobedience non to fall Adam in Paradise non to fall lot in  monte non to fall send rather in Sodom now rest the six part of this division  that be to say six demonstrative matron 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  llrA he can be a alien by birth vide h f a b the difference between a alien  enemy and a subject traitor host are who we well who our helium to decide  cteri traitor prdones c the major be apparent and be prove by that which have  be say et vide great Charta cap e e c e c h c e stat c c coke report a er p  whosoever be bear under one natural allegiance and obedience due by the law of  nature to one sovereign be naturalborn subject but Calvin be bear under one  natural allegiance and obedience due by the law of nature to one sovereign  ergo he be a naturalborn subject coke a 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 eigo  he be no stranger bear enemy he can be because he be to put under 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 mostperfect man are et immutable human yes law  condition always in infinitum to run down et nothing be in eastern quod per  become void without interruption stare to be able law humance 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 two  positiones clearly for 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 ad prficuum king but the act of law give the alien nothing and  therefore if a woman alien marry a subject she shall not be endow l but if a  woman alien marry by the licence of the king she shall be endow Vid hargrave  note   Litt b l neither shall a alien be tenant by the courtesy vide h a h the  subject shall plead that the defendant be a coke b 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 fdera 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 b 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 a number of other case to 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 h fol  for the law esteem it a point of high prerogative law grandeur et inter  insignia sum 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 S and  therefore by the statute of h c 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 eire justice of assize justice of peace and  gaol delivery and such like have be sever and divide coke report a er p 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 any alien league and war  between alien denizations and safe conduct 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 alien to the king non to be able be stranger substantial object quinon  be covering for head non flock who non be king the authority of law cite in  this case for maintenance of the judgement h title dower Bracton lib fol Fleta  lib cap in temi e Hinghams report Edward cap Edward coke a cap Edward set up  de France Edward fol Edward cap lib ass Richard cap Richard cap Henry fol  Henry fol h to cause to stand de Guyan Henry title estoppel h cap Henry fol  Henry fol Littl temps Edward lib cap villeinage Edward fol Edward e d cap  Richard and Henry fol dyer h cap No manner of stranger bear out of the king  obeisance h c every person bear out of the realm of England out of the king  obeisance h c h c Edward Plowd comment fol Fogassas case and Ph and mark dyer  shirley case Elizabeth dyer Elizabeth c de bankrupt all commission ancient and  late for the find of office to entitle the king to the land of alien bear also  all letter patent of denization of ancient and late time do prove that he be  no alien that be bear under the king obedience now we be come to consider of  legal inconvenience and first of such as have be object against the plaintiff  a second of such as shall follow 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  postnati shall be inheritable to our law and inheritance it be reason they  shall be bind by our law but postnati 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 triable 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 postnati be by law legitimate  in England it be object what inconvenience and confusion shall coke b 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 need 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 Guernsey or jersey or elsewhere  the same law be of a Irishman that dwell in Ireland and have land in England  but if postnati or irishman man of the isle of man Guernsey jersey 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 postnati and englishmen bear be all in one predicament coke report  a er p 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 Guernsey and jersey 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 and place for trial of their birth there if the demandant or plaintiff  in any action concern land be bear in Ireland Guernsey jersey 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 whatsoever 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 coke  a out of the realm in this and like case vide h b Edward averment Richard  title trial Edward h Fitzherbert nat brey vide Dowdales case in the six part  of my report fol and there diverse other judgement be vouch m Vid note  Dowdales case Rep b m brown in year h 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 Br 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 special matter even  as if a jury upon a issue join in England as it be aforesaid have find the  special 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  appear by the book and bookcase 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 domestic will send 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 stimandi 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 antenati remain alien as to the crown of England because they  be bear when there be several king of the several kingdom and the coke b unite  of the kingdom by descent subsequent can make he a subject to that crown to  which he be 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 ad fide a bag of hide king as Bracton say in the  afore remember place fol as England non coke report a er p auditur  inplacitando once de Terris et tenement in France ita nec debet France et  stranger who to be ad fide king Franci to hear placitando in Anglid send yet  are in some way Francigen in France who are adfidem a bag of hide et  semperfuerunt ante normaniam deperdit et post et who to be very pleasing hic  et there ed ration how are ad fide a bag of hide as to be William come  mareschallus et MENE England et m de Genes MENE in France et some more concern  the reason draw from the a   light b a etymology it make against they for that  by their own derivation alien tribe and alien ligeantice be all one but  argument draw from etymology be too weak and too light for judge to build  their judgement upon for spenumero where quality b   b a word altenditur  feeling reality to send different ways 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 plaintiff shall be allow  for first it make allegiance local videlicet allegiance king royal power sib  Scoti 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 gascoin Guienne Normandy Calais  tournay France and diverse other of his majesty dominion while the same be in  actual coke a obedience and in Berwick Ireland Guernsey and jersey 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 westminsterhall in the  proceed of this case these thing be observe and so do the chief justice of the  common plea 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 difficulty for all they in their argument One v once 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 so honourable great and intelligent a auditory at the bear 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 ad   b   light a Inst cart   a she queen often to fall upon  jura adapta yet in a case so rare and of such a quality that loss 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 bookcase for the decide  of a point of so rare a accident et such determinate et terminala be this  qustio coke b 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 Kino 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 coke report a er p 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 see now the statute for the union of both kingdom  note to former edition