case LXXXII James   calvin case alien denizen   b vent see concern alien the  statute follow and W cap W cap annae cap g cap g cap g SC   Rep e r with note  a scot bear after the death of queen Elizabeth be a leigeman of England  otherwise of a scot bear before for after the death of queen Elizabeth the  English and scot Jenkins er p become subject to one king and their birth be  under the allegiance of one king be all one with those of Wales and Ireland  Calvin postnatus in Scotland bring a assize of land in Middlesex and it be  plead to his person that he be a alien bear in Scotland after the death of  queen Elizabeth sub allegiance king Scotland there be a demurrer upon this  plea it be adjourn several term at last it be resolve for the plaintiff by all  the judge of England and only a respondent ouster against the defendant and  not peremptory although it be adjourn as aforesaid a scot antenatus have a son  bear in England this antenatus be make a denizen and purchase land in fee and  die this land do not descend to his son for the say son be not bear before the  denization of the father so of every other alien but of a son bear after the  denization the law be otherwise for the denization give he English blood as to  the issue bear afterward only it be otherwise of naturalize if a demurrer be  join upon a plea to the jurisdiction person writ upon view aid voucher essoin  although it be adjourn to another term and judge against the defendant who  plead such plea it be only a to answer ouster if the plea to the writ upon  issue join be find for the tenant or defendant the writ shall abate if to the  person action or jurisdiction and it be find for the demandant or plaintiff he  shall recover the thing in demand upon a counterplea of view resceit essoin or  aid and find for the tenant upon issue join the writ shall not abate but view  resceit essoin aidprayer shall only be award upon a counterplea of voucher if  it be find for the tenant upon issue join the judgement shall be that the  voucher shall stand if for the Jenkins demandant the demandant shall recover  the land and it be so ordain by west cap h e Fitzherbert assize ass pl where  the view essoin aid or resceit be demand and it be find for they upon a  counterplea the demandant be only delay and this delay be sufficient  punishment for he and the writ be admit God and shall not abate upon a  counterplea of voucher where it be find for the demandant he shall recover the  land for it be so ordain by the say statute in case of a plea to the writ  person or action find for the defendant or tenant the defendant or tenant be  unjust trouble and therefore the writ ought to abate the law presume great  delay and expense upon a trial by a jury than upon demurrer if upon any of  those plead there be a trial by a jury and it be find for the demandant he  shall recover the land