H. 6. 35. b. And it appeareth in 19 Ed. 2. tit. Avowry 224. 26 Ass. 66. 7 H. 4. 19, &c. that there was forinsecum servitium,' foreign service, which Bracton, fol. 36. callethregale servitiuin;' and in Fitz. N. B. 28. that the king may send men to serve him in his wars 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's power, to command the service of his subjects in his wars out of the realm, whereupon it was concluded, that the ligeance of a natural-born subject was not local, and confined only to England. Now let us see what the law saith in time of peace, concerning the king's protection and power of command, as well without the realm, as within, that his subjects in all places may be protected from violence, and that justice may equally be administered to all his subjects. quod eidem I. eundo ad partes præd' ibidem morando, et exinde in Angl' redeundo, ut 'præd' est, in personâ, bonis, aut rebus suis, non inferatis, seu quantum in vobis est ab aliis inferri permittatis injuriam, molestiam, &c. aut gravamen. Sed eum potius salvum et securum conductum, cum per loca passus, seu districtus vestros transierit, et super hoc requisiti fueritis, suis sumptibus habere faciatis. Et si quid eis forisfactum fuerit, &c. reformari faciatis. In cujus, &c. per tres ann' durat' T. &c.' And certainly this was, when Lyons in France (bordering upon Burgundy, an ancient friend to England) was under the actual obedience of H 6. For the king commanded fidelibus suis, his faithful magistrates there, that if any injury were there done, it should be by them reformed and redressed, and that they should protect the party in his person and goods in peace. In the Register, fol. 26, two other writs. Rex omnibus seneschallis, majoribus, juratis, paribus præpositis, ballivis et fidelibus suis in ducatu Aquitaniæ ad quos, &c. salutem. Quia dilecti nobis T. et A. 'cives civitat' Burdegal' coram nobis in cancellar' nost' Angl' et Aquitan' jura sua prosequentes, et metuentes ex verisimilibus conjec'turis per quosdam sibi comminantes tam in corpore quam in rebus suis, sibi posse grave ⚫ damnum inferri, supplicaverunt nobis sibi de protectione regia providere: nos volentes dictos T. et A. ab oppressionibus indebitis præservare, suscepimus ipsos T. et A. res ac justas possessiones et bona sua quæcunque in protectionem et salvam gardiam nostram spe In the Register, fol. 25 b. Rex universis et singulis admirall', castellan', custodibus castrorum, villar', et aliorum fortalitiorum præ'positis, vicecom' majoribus, custumariis, custodib' portuum, et alior' locor' maritimor' ballivis, ministr', et aliis fidel' suis, tam in transmarinis quam in cismarinis partib' ad 'quos, &c. salutem. Sciatis, quod susceptimus in protectionem et defension' nostram, necnon ad salvam et securam gardiam nostram W. veniendo in regnum nostram Angl', et potes'tatem nostram, tam per terram quam per ⚫ mare cum uno valetto suo, ac res ac bonâ suâ quæcunque ad tractand' cum dilecto nostro et fideli L. pro redemptione prisonarii ipsius L. 'infra regnum et potestatem nostram præd' per sex menses morando et exinde ad propriacialem. Et vobis et cuilibet vestrum injungi'redeundo. Et ideo, &c. quod ipsum W. cum ' valetto, rebus et bonis suis præd' veniendo in ' regn' et potestat' nostram præd' tam per terr' 'quam per mare ibid' ut prædict' est ex causâ ' antedicta morando, et exinde ad propria re' deundo, manuteneatis, protcgatis, et defendatis; non inferentes eis, &c. seu gravamen. Et si quid eis forisfactum, &c. reformari faciatis. In cujus, &c. per sex menses dura-protectionem et salvain gardiam nostram fa'tur'. T. &c. In which writ three things are to be observed. 1. That the king hath fidem et fideles in partib' transmarinis.' 2. That he hath protection' in partib' transmarinis.' 3. That he hath potestatem in partibus transmarinis. In the Register, fol. 26. Rex 'universis et singulis admirallis, castellanis, 'custodibus castrorum, villarum, et aliorum ⚫ fortalitiorum præpositis, vicecom' majoribus, ⚫ custumariis, custodib' portuum, et alior' locor' | • maritimorum ballivis, ministris, et aliis fideli• bus suis, tam in transmarinis quam in cis'marinis partibus ad quos, &c. salutein. Sciatis quod suscepimus in protectionem et defen⚫sionem nostram, necnon in salvum et securum conductum nostr' I. valettum P. et. L. Bur'gensium de Lyons obsidum nostrorum, qui de licentiâ nostrâ ad partes transmarinas profecturus est, pro finantia magistrorum suorum 'prædict' obtinenda vel deferenda, eundo ad partes prædictas ibidem morando, et exinde ' in Angl' redeundo. Et ideo vobis mandamus, mus et mandamus, quod ipsos T. et A. familias, res ac bona sua quæcunque a violentiis et gravaminibus indebitis defendatis, et ipsos in justis possessionibus suis manuteneatis. Et si quid in præjudicium hujus protectionis et salvæ gardiæ nostr' attentatum inveneritis, ad statum debitum reducatis. Et ne quis se possit per ignorantiam excusare, præsentem ciatis in locis de quibus requisiti fueritis infra district' vestrum publice intimari, inhibentes omnibus et singulis sub pœnis gravibus, ne dictis A. et T. seu famulis suis in personis seu ' rebus suis, injuriam, molestiam, damnum aliquod inferant seu gravamen; et penocellas nostras in locis et bonis ipsorum T. et A. in signum protectionis et sal' gard' memorat', cum super hoc requisiti fueritis, apponatis. In cujus, &c. dat' in palatio nostro Westm' sub magni sigilli testimonio, sexto die Augusti anno 44 E. 3.-Rex universis et singulis seneschallis, constabular', castellanis, præposit', minist', et omnib' ballivis et fidelibus suis in 'dominio nostro Aquitan' constitutis ad quos, &c. salut'. Volentes G. et R. uxor ejus favore prosequi gratiose, ipsos G. et R. homines et familias suas ac justas possessiones, et bona 'sua quæcunque, suscepimus in protectionem 'et defensionem nostram, necnon in salvam gardiam nostram specialem. Et ideo vobis et cuilibet vestrum injungimus et mandamus, king. And thereupon Sutton saith as followeth; Sir, nous voilomus averre, que el ne est my de la ligeance Dengliterre, ne a la foy le roy, et demand jugement, et si vous agardes que el doit este responde, nous dirromus assets:' that is, 'Sir, we will aver, that she is 'faith of the king, and demand judgment, &c.' Which latter words of the plea, nor of the faith of the king, referred faith to the king indefinitely and generally, and restrained not the same to England, and thereupon the plea was allowed for good, according to the rule of the court for the book saith, that afterward the plaintiff desired leave to depart from her writ. The rule of that case of Cobledike, did, as Coke chief justice said, over-rule this case of Calvin, in the very point now in question; for that the plea in this case doth not refer faith or ligeance to the king indefinitely and generally, but limiteth and restraineth faith and ligeance to the kingdom, extra ligeantiam regis regni sui Angliæ,' out of the ligeance of the king of his kingdom of England: which afterwards the lord chancellor and the chief justice of the King's-bench, having copies of the said ancient report, affirmed in their arguments. So as this point was thus concluded, quod ligeantia 'naturalis nullis claustris coercetur, nullis metis refrænatur, nullis finibus premitur.' 'quod ipsos G. et R. eorum homines, familias suas, ac justas possessiones et bona sua quæcunque manuteneatis, protegatis, et defendatis: non inferentes eis, seu quantum in vobis ⚫ est ab aliis inferri permittentes, injuriam, mo⚫ lestiam, damnum, violentiam, impedimentum aliquod seu gravamen. Et si quid eis foris-not of the ligeance of England, nor of the 'fact' injuriatum vel contra eos indebite attentatum fuerit, id eis sine dilatione corrigi, et ad statum debitum reduci faciatis, prout ad • vos et quemlibet vestrum noveritis pertinere: ⚫ penocellas super domibus suis in signum præsentis, salva gardiæ nostræ (prout moris erit) 'facientes. In cujus, &c. per unum annum 'duratur'. T. &c.' By all which it is manifest, that the protection and government of the king is general over all his dominions and king- | doms, 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 seeing power and protection draweth ligeance, it followeth, that seeing the king's power command and protection extendeth out of England, that ligeance cannot be local, or confined within the bounds thereof. He that is abjured the realm, 'qui abjurat regnum amittit regnum, 'sed non regem, amittit patriam, sed non patrem patriæ [Cawly 139.] for notwithstanding the abjuration, he oweth the king his ligeance, and he remaineth within the king's protection; for the king may pardon and re- 4 & 5. By that which hath been said it apstore him to his country again. So sceing that peareth that this ligeance is due only to the ligeance is a quality of the mind, and not con-king; so as therein the question is not now, fined within any place; it followeth, that the cui, sed quomodo debetur.' It is true, that plea, that doth confine the ligeance of the the king hath two capacities in him: one a naplaintiff to the kingdom of Scotland, infra li- tural body, being descended of the blood royal geantiam regis regni sui Scotia, et extra lige- of the realm; and this body is of the creation antiam regis regni sui Angliæ,' whereby the of Almighty God, and is subject to death, indefendants do make one local ligeance for the firmity and such like: the other is a politick natural subjects of England, and another local body or capacity, [1 Inst. 15. b. 16.] so called, ligeance for the natural subjects of Scotland, is because it is framed by the policy of man (and utterly insufficient, and against the nature and in 21 E. 4, 39. b. is called a mystical body;) quality of natural ligeance, as often it hath and in this capacity the king is esteemed to be been said. And Çoke, chief justice of the immortal, invisible, not subject to death, infircourt of Common Pleas, cited a ruled case mity, infancy, (a) nonage, &c. Pl. Com. in the [Cobledike's case, temp. E. 1. reported by case of the lord Barkley 238. and in the case of Hingham.] out of Hingham's Reports, temp. the Duchy 213. 6 E. 3, 291. and 26 Ass. pl. E. 1. which in his argument he shewed in court 54. Now seeing the king hath but one person, written in parchment, in an ancient hand of and several capacities, and one politick capathat time. Constance de N. brought a writ city for the realm of England, and another for of ayel against Roger de Cobledike, and others, the realm of Scotland, it is necessary to be connamed in the writ, and counted that from the sidered, to which capacity ligeance is due. seisin of Roger her grandfather it descended to || And it was resolved, that it was due to the naGilbert his son, and from Gilbert to Constance, tural person of the king, which is ever accomas daughter and heir. [Ellesmere's Postnati panied with the politick capacity, and the 91, 92.] Sutton dit, sir, el ne doit este re-politick capacity, as it were appropriated to sponde, pur ceo que el est Francois et nient de la ligeance ne a la foy Denglitterre, et demand judgement si el doit action aver: that is, she is not to be answered, for that she is a 'French woman, and not of the ligeance, nor of the faith of England, and demanded judgment, if she this action ought to have.' Bereford, then chief justice of the court of Common Pleas, by the rule of the court disalloweth the plea, for that it was too short, in that it referred | ligeance and faith to England, and not to the 6 the natural capacity, and it is not due to the politick capacity only, that is, to his crown or kingdom distinct from his natural capacity, and that for divers reasons. First, every subject, as it hath been affirmed by those that argued against the plaintiff, is presumed by law to be sworn to the king, which is to his na (a) Postea Co. Lit. 43. a. 5 Co. 27. a. Plowd. 213. a. 221. a. 364. b. 26 Ass. 54. Fitz. Enfant 15. Br. Age 34. 6 that his majesty was no complete and absolute king before his coronation, but that coronation did add a confirmation and perfection to the descent; and therefore, observe their damnable and damned consequent, that they by strength and power might before his coronation take him and his royal issue into their possession, keep him prisoner in the Tower, remove such counsellors and great officers as pleased them, and constitute others in their places, &c. and that these and other acts of like nature could not be treason against his majesty, before he were a crowned king. But it was clearly resolved by all the judges of England, that presently by the descent his majesty was com pletely and absolutely king, without any essential ceremony or act to be done er post facto; and that (ƒ) coronation was but a royal ornament, and outward solemnization of the descent. And this appeareth evidently by infinite precedents and book-cases; as taking one example in a case so clear for all, Henry 6 was not crowned until the 8th year of his reign, and yet divers men before his coronation were attainted of treason, of felony, &c. and he was as absolute and complete a king, both for mat tural person, and likewise the king is sworn to his subjects, (as it appeareth in Bracton lib. 3. | De Actionibus, cap. 9. fol. 107.) which oath he taketh in his natural person: for the politick | capacity is invisible and immortal; nay, the politick body hath no soul, for it is framed by the policy of man. 2. In all indictments of treason, when any do intend or compass mortem et destructionem domini regis,' which must needs be understood of his natural body, for lus politick body is immortal, and not subject to death, the indictment concludeth, contra (b) ligeantiæ suæ debitum ;' ergo, the ligeance is due to the natural body. Vide Fitz. Justice of Peace 53. and Pl. Coni. 384. in the earl of Leicester's case. 3. It is true, that the king in genere dieth not, but, no question, in individuo he dieth: as for example, H. 8, E. 6, &c. and queen Eliz, died, otherwise you should have many kings at once. In 2 and 3 Ph. and Mar. Dyer 128. (c) one Constable dispersed divers bills in the streets in the night, in which it was written, that king E. 6 was alive and in France, &c. and in Coleman-street, in London, he pointed to a young man, and said that he was king Edward 6. And this being spoken de individuo, and accompanied with other circum-ters of judicature, as for grants, &c. before his stances, was resolved to be high treason; for the which Constable was attainted and exe. cuted. 4. A d) body politick, being invisible, can as a body politick neither make or take homage: Vide 33 H. 8, tit. Fealty, Brook 15. 5. In fide, in faith or ligeance, nothing ought to be feigned, but ought to be er fide non ficta. | 6. The king holdetli the kingdom of Eugland by birth-right inherent, by descent from the blood royal, whereupon succession doth attend; and therefore it is usually said to the king, his heirs, and successors,' wherein heirs is first named, and successors is attendant upon heirs. And yet in our ancient books succession and successor are taken for hereditance and heirs. Bract. lib. 2. De Acquirendo Rerum Dominio, c. 29. | Et sciend' est, quod hæreditas est successio in universum jus quod defunctus antecessor habuit, ex causâ quacunque acquisitionis vel 'successionis, et alibi affinitatis jure nulla suc'cessio permittitur.' But the title is by descent. By queen Elizabeth's death the crown and kingdom of England descended to his majesty, and he was fully and absolutely there by king, without any essential ceremony or act to be done ex post facto: for coronation is but a royal ornament and solemnization of the royal descent, but no part of the title. In the first year of his majesty's reign, before his majesty's coronation, Watson (e) and Clerke, seminary priests, and others, were of opinion, (b) Autea 3 Inst. 11. Iob. 271. Dy. 143. pl. 62, Cawly 185. Co. Lit. 129. a. (c) This case is not in the book at large, but is in the Abridgment of Dy. fo. 32. Stow's Abridgm. p. 1062. 1064. Speed's Chron. p. 1127. col. 2. num. 100. (d) 10 Co. 32. b. Co. Lit. 66. b. 4 Co. 11. a. (e) 3 Inst. 7. VOL. II. coronation, as he was after, as it appeareth in the reports of the 1st, 2d, 3d, 4th, 5th. 6th, and 7th years of the same king. And the like might be produced for many other kings of this realm, which for brevity in a case so clear I omit. By which it manifestly appeareth, that by the laws of England there can be no interregnum within the same. If the king be seised of land by a defeasible title, and dieth seised, this descent shall toll the entry of him that right hath, as it appeareth by 9 (g) E. 4. 51. But if the next king had it by succession, that should take away no entry, as it appeareth by Littleton, fol. 97. If a disseissor of an infant convey the land to the king who dieth seised, this descent taketh away the entry of the infant, as it is said in 34 II. 6. fol. 34. (h) 45. lib. Ass. pl. 6. Plow. Com. 234, where the case was; king H. 3 gave a manor to his brother the earl of Cornwal in tail, at what time the same was a fee-simple conditional, king II. S died, the earl before the statute of Donis Conditional', having no issue, by deed exchanged the manor with warranty for other lands in fee, and died without issue, and the warranty and assets descended upon his nephew king Ed. 1. and it was adjudged, that this warranty and assets, which descended upon the natural person of the king, barred him of the possibility of reverter. In the reign of Edward 2, the Spencers, the father (f) 3 Inst. 7. * Q. If not so between king J. 2d's Ablication and king W. 3's succession? Post. (g) 4 Co. 58. b. (h) 10 Co. 96. b. Co. Lit. 19 b. 370. b. Plowd. 234. a. 553, b. Fitz. Garranty 68. Br. Assets per Discent 31. Br. Tail. 34. Br. Prærog. 52 Br. Serch pur le Roy' 5. Br. Garranty 52, 9 Co 182. b. 2 s and the son, to cover the treason hatched 'sentiendum ut docti,' are to be understood of in their hearts, invented this damnable and the ligeance due by the people of England to damned opinion, that homage and oath of lige- the king; for no man will affirm, that England auce was more by reason of the king's crown itself, taking it for the continent thereof, doth (that is, of his politic capacity) than by reason owe any ligeance or faith, or that any faith or of the person of the king, upon which opinion ligeance should be due to it; but it manifestly they interred exccrabie and detestable conse- appeareth, that the figeance or faith of the quences. 1. If the king do not demean himself subject is proprium quarto modo to the king, by reason in the right of his clown, his lieges omni, soli, et semper. And oftentimes in the be bound by oath to remove the king. 2. See- reports of our book-cases, and in acts of parjug that the king could not be reformed by liament also, the crown or kingdom is taken suit of law, that ought to be done by the sword. for the king himself, as in Fitzh. Natur. 3. That his lieges be bound to govern in aid of Brev. fol. 5. Tenure in capite is a tenure him, and in default of him. All which were of the crown, and is a seigniory in gross, condemned by two parliaments; one in the that is of the person of the king: and so reign of Edw. 2, called Exilium Hugonis le is 30 Hen. 8. Dyer fol. 44, 45, a tenure in Spencer, and the other in ann. 1. Edw. 3. c. 1. chief, as of the crown, is merely a tenure of -Bracton, lib. 2. De Acquirendo Rerum Domi- the person of the king, and therewith agreeth nio, c. 24. f. 55, saith thus, 'est enim corona 28 Hen. 8. tit. Tenure, Br. 65. The statute of regis facere justitiam et judic', et tenere pa- 4 Hen. 5. cap. ultimo, gave priors aliens, cem, et sine quibus corona consistere non po- which were conventual to the king and his test nec tene e. Hujusmodi autem jura sive heirs, by which gift saith 34 Hen. 6. 34. the * jurisdictiones ad personas veltenementa trans- same were annexed to the crown. And in the ferri non poterunt, nec a privatâ personâ pos- said act of 25 Edw. 3. whereas it is said in the sideri, nec usus nec executio juris, nisi hoc beginning, within the ligeance of England, it is datum fuit ei desuper, sicut jurisdictio dele-twice afterward said in the same act, within 'gata delegari non poterit qui ordinaria remaneat cum ipso rege.' Et lib. 3. De Actionibus, cap. 9. fol. 107. separare autem debet rex, cum sit Dei vicarius in terra, jus ab injurià, æquum ab iniquo, et omnes sibi subjecti neste vivant, et quod nullus alium lædat, et quod unicuique quod suum fuerit rectâ con⚫tributione reddatur.' In respect whereof one saith, that corona est quasi cor ornans, cujus ornamenta sunt misericordia et justitia.' And | therefore a king's crown is an hieroglyphic of the laws, where justice, &c. is administered; for so saith P. Val. I. 41. p. 400. coronam dicimus legis judicium esse, propterea quod 'certis est vinculis complicata, quibus vita nostra veluti reiigata coercetur.' Therefore if you take that which is signified by the crown, that is, to do justice and judgment, to maintain the peace of the land, &c. to separate right from wrong, and the good from the ill; that is to be understood of that capacity of the king, that in rei veritate' hath capacity, and is adorned and endued with endowments as well of the soul, as of the body, and thereby able, to do justice and judgment according to right and equity, and to maintain the peace, tec. and to find out and discern the truth, and not of the invisible and immortal capacity that, hath no such endowments; for of itself it hath neither soul nor body. And where divers books and acts of parliament speak of the ligeance of England, as 31 Edw. 3. tit. Cosinage 5. 42 Ed. 3. 2.13 Edw. 3. tit. Brief 677. 25 Fdx. 3, stat. De Natis Ultra Mare; all these and other speaking briefly in a vulgar manner, for (i) loquendrm ut vulgus and not pleading, for • Pryn's Sovereign Power of Parliament, 2 Part, p. 43. Cro. Arg. 64. (1) 3 heb. 20. Cart. 120. 2 Roll, Rep. 239. Het. 101. 4 Co. 46. b. the ligeance of the king, and yet all one lige ance due to the king. So in 42 Edw. 3. fol. 2. where it is first said, the ligeance of England, it is afterwards in the same case called, the ligeance of the king; wherein though they used several manner and phrases of speech, yet they intended one and the same ligeance. So in our usual commission of Assise, of GaolDelivery, of Oyer and Terminer, of the peace, &c. power is given to execute justice, secundum legem et consuetudinem regni nostri Angliæ; and yet Littleton, lib. 2. in his chapter of Villenage, fol. 13. in disabling of a man that is attainted in a Pren.unire, saith, that the same is the king's law; and so doth the Register in the writ of ad jara regia style the same. The reasons and causes, wherefore by the policy of the law the king is a body politic, are three, viz. 1. Causa M.jestatis, 2. Causa Necessitatis, and 3. Caysa Utilitatis. First, Cansa Majestatis, the king cannot give or take but by matter of record for the dignity of his pers son. Secondly, Causa Necessitatis, as to avoid the (k) attainder of him that hath right to the crown, as it appeareth in 1 Hen. 7, 4. lest in the interim there should be an (1) interregnum, which the law will not suffer. Also by force of this politic capacity, though the (m) king be within age, yet may be make leases and other grants, and the same shall bind him; otherwise his revenue should decay, and the king should not be able to reward service, &c. Lastly, (k) Co. Lit. 16. a. Bacon's H. 7. fo. 8, 9. Fitz. Parl. 2. 1r. Parl. 37, 105. Plowd. 238. b. (1) 1 W. & M. cap. 4. sect. 10. Co. Lit. 43. a. (m) 5 Co. 27. a. 1. Roll. 728. Plowd. 213. a. 288. 221. a. 364. b. 26. Ass. 54. Fitz. Enfant 15. Br. Age 14. 6 6 6 Causa Utilitatis, as when lands and possessions | government are necessary and profitable for the descend from his collateral ancestors, being preservation of the society of man; therefore subjects, as from the earl of March, &c. to the inagistracy and government are of nature. king, now is the king seised of the same in jure And herewith accordeth Tully, lib. 3. de Legicorona, in his politic capacity; for which cause bus, 'sine imperio nec domus ulla, nec civitas, the same shall go with the crown; [Co. Lit. nee geus, nec hominum universum genus 15. b. See Treby's argument in the Quo War- stare, nec ipse denique mundus potest.' This ranto.] and therefore, albeit queen Elizabeth law of nature, which indeed is the eternal law was of the half-blood to queen Mary, yet she of the Creator, infused into the heart of the in her body politic-enjoyed all those tee-simple creature at the time of his creation, was 2,000 lands, as by the law she ought, and no collate-years before any laws written, and before any ral cousin of the whole blood to queen Mary ought to have the same. And these are the causes wherefore by the policy of the law the king is made a body politic: so as for these special purposes the law makes him a body politic, immortal and invisible, whereunto our ligeance cannot appertain. But to conclude this point, our ligeance is to our natural liege sovereign, descended of the blood roval of the kings of this realin. And thus much of the first general part de ligeant á. Now followeth the second part, de l gibus, wherein these parts were considered: first, that the ligeance or faith of the subject is due unto the king by the law of nature: secondly, that' the law of nature is part of the law of England: thirdly, that the law of nature was before any judicial or municipal law: fourthly, that the law of nature is immutable. judici d or municipal laws. And certain it is, and 5th neid. acid. -Gaudet regno Trojanus Acestes Indicit forum que et patribus dat vocátis.' Jura And Pomponius, lib. 2, cap. de OrigineJuris, athrmeth, that in Tarquinius Superbes's time there was no civil law written, and that Papirius reduced certain observations into writing, which was called Jus Civile PapiriaNow the reason wherefore laws were The law of nature is that which God at the made and published, appeareth in Fortescue, time of creation of the nature of man infused cap. 13, and in Tully, lib. 2, Officiorum: at into his heart, for his preservation and direc- con jus æquabile ab uno viro homines non tion; and this is ler æterna, the moral law, consequerentur, inventi sunt leges.' Now it called also the law of nature. [Wing's Max. appeareth by demonstrative reason, that li1. Co. Lit. 11. b. post. 14. b.] And by this geance, faith, and obedience of the subject to law, written with the finger of God in the heart the sovereign, was before any municipal or ju of man, were the people of God a long time go-` dicial laws. 1. For that government and subverned, before the law was written by Moses, jection were long before any municipal or juwho was the first reporter or writer of law indicial laws. 2. For that it had been in vain the world. The apostle in Romans c. ii. saith, cum enim gentes, quæ legem non habent, naturaliter ea quæ legis sunt faciųnt.' And this is within that command of the moral law, honora patrem,' which doubtless doth extend to him that is pater patriæ.' And the apostle saith, omnis anima potestatibus sublimioribus 'subdita sit.' And these be the words of the great divine, hoc Deus in sacris scripturis jubet, hoc lex naturæ dictat, ut quilibet subditus obediat superiori.' And Aristotle, nature's secretary, lib. 5. Ethic. saith, that jus naturale est, quod apud omnes homines eaudem habet potentiain.' And herewith dothing or probibiting, without any certain punishagree Bracton, lib. 1. cap. 5. and Fortescue, cap. 8, 12, 13, and 16, Doctor and Student, cap. 2, and 4. [Justinian Inst. lib. 1. cap. 2.] And the reason hereof is, for that God and nature is one to all, and therefore the law of God and nature is one to all. By this law of nature is the faith, ligeance, and obedience of the subject due to his sovereign or superior. And Aristotle 1 Politicorum proveth, that to command and to obey is of nature, and that magistracy is of uature: for whatsoever is necessary and profita bie for the preservation of the society of man is due by the law of nature; but magistracy and to have prescribed laws to any, but to such as owed obedience, faith, and ligeance before, in respect whereof they were bound to obey and observe thein: frustra enim feruntur leges nisi subditis et obedientibus.' Seeing then that faith, obedience, and ligeance, are due by the law of nature, it followeth that the same cannot be changed or taken away; for albeit judicial or municipal laws have inflicted and imposed in several places, or at several times, divers and several punishments and penalties, for breach or not observance of the law of nature, (for that law only consisted in command ment or penalty) yet the very law of nature it self, never was nor could be (a) altered or changed. And therefore it is certainly true, that (b) jura naturalia sunt immutabilia.' And herewith agreeth Bracton, lib. 1, cap. 5, and Doctor and S udent, cap. 5 and 6. And this appeareth plainly and plentifully in our books. If a man hath a ward by reason of a seigniority, and is outlawed, he forfeiteth the ward (a) Dr. & Stud. 4. a. apte 12. b. |