made anno 5 Eliz. cap. 1, yet the king might protect and pardon him. [B. N. C. 53. Co. Lu. 130. a. 2. Bulstr. 299. Cawly 46, 47. Co. Lit. 128. b.] A man outlawed is out of the benefit of the municipal law; for so saith Fitz. N. B. 161. a. utlegatus est quasi extra legem positus:' and Bract. 1. 3. Tract. 2. c. 11, saith, that caput gerit lupinum;' yet is he not out either of his natural ligeance, or of the king's natural protection; for neither of them is tied to municipal laws, but is due by the law of nature, which, as hath been said, was long before any judicial or municipal laws. And therefore if a man were outlawed for felony, yet was he within the king's natural protection, for no man but the sheriff could execute him, as it is adjudged in 2 lib. Ass. pl. 3. [Br. Corone 67.] Every subject is by his natural

ship to the king: but if a man hath the wardship of his own son or daughter, which is his heir apparent, and is outlawed, he doth not (c) forfeit this wardship; for nature hath annexed it to the person of the father, as it appeareth in 33 II. 6, 55. b.Et bonus rex nihil a bono patre differt; et patria dicitur a patre, quia' habet communem patrem, qui est pater pa'triæ. In the same manner, maris et foeminæ conjunctio est de jure naturæ,' as Bracton in the same book and chapter, and St. Germin in his book of the Doctor and Student, cap. 5, do hold. Now if he, that is attainted of treason or felony, be stain by one that bath no authority, or executed by him that hath authority, but pursueth not his warrant, in this case his eldest son can have no appeal, for he must bring his appeal as heir, which being ex provisione hominis, he loseth it|ligeance bound to obey and serve his sovereign, by the attainder of his father; [Q.] but his (d) wife, if any he have, shall have an appeal, because she is to have her appeal as wife, which she remaineth notwithstanding the attainder, because maris et fæminæ conjunctio' is de 'jure naturæ,' and therefore (it being to be intended of true and right matrimony) is in dissoluble; and this is proved by the book in 33 11. 6, 57. So if there be mother and daughter, and the daugther is attainted of felony, now cannot she be heir to her mother for the cause aforesaid; yet after her attainder, if she kill her mother, this is parricide and petit treason; for yet she remaineth her daughter, for that is of nature; and herewith agreeth 21 E. 3, 17. b. If a man be attainted of felony or treason, he hath lost the king's legal protection, for he is thereby utterly disabled to sue any action real or personal (which is a greater disability than an alien in league hath) and yet such a person so attainted hath not lost that protection which by the law of nature is given to the king, for that is indelebilis et immutabilis,' and therefore the king may protect and pardon him, and if any man kill him without warrant, he shall be punished by the law as a manslayer, and thereunto accordeth 4 Ed. 4, [Cawly 17. 3 Inst. 126.] and S5 H. 6. 57. 2 Ass. pl. 3. By the statute of 25 Ed. 3, cap. 22, a man attainted in a Præmunire, is by express words out of the king's protection generally; and yet this extendeth only to legal protection, as it appeareth by Littleton, fol. 43, for the parliament could not take away that protection which the law of nature giveth unto him; [Q.] and therefore notwithstanding that statute, the king may protect and pardon bim And though by that statute it was farther enacted, that it should be done with him as with an enemy, by which words any man might have slain such a person (as it is holden in 24 II. 8. tit. Coron. Br. 197.) until the statute

(c) 3 Co. 39. a. 7 Co. 12. b. Co. Lit. 84. b. Br. Gard. 6. Br. Forfeit 70. Plowd. 294. a. Englefield's Case, 2 Inst. 234.

(d) Stamf. cor. 59. c. 35 H. 6. 58. a. Br. Appeal 5. 131. Fitz, Cor. 21. 2. Inst. 215.

&c. It is enacted by the parliament of 23 H.
6, c. 8, that no man shall serve the king as
sheriff of any county above one year, and that,
notwithstanding any clause of non obstante to
the contrary, that is to say, notwithstanding
that the king should expressly dispense with
the said statute. [Powd. 502. b. 2 H. 7. 6.
b. Br. patents 109. 12 Co. 18.] Howbeit it is
agreed in 2 II. 7, that against the express pur-
view of that act, the king may by a special non
obstante dispense with that act, for that the
act could not bar the king of the service of his
subject, which the law of nature did give unto
him. By these and many other cases that
might be cited out of our books, it appeareth,
how plentiful the authorities of our laws be in
this matter (dd). Wherefore to conclude this
point (and to exclude all that hath been or
could be objected against it) if the obedience
and ligeance of the subject to his sovereign be
due by the law of nature, if that law be parcel
of the laws, as well of England as of all other
nations, and is immutable, and that Postnati
[i. e. of Scotland,] and we of England are united
by birth-right in obedience and ligeance, which
is the true cause of natural subjection, by the
law of nature [Q]; it followeth, that Calvin
the plaintiff being born under one ligeance to
one king, cannot be an alien born. And there
is great reason, that the law of nature should
direct this case, wherein five natural operations
are remarkable: 1. the king hath the crown of
England by birth-right, being naturally pro-
created of the blood royal of this realm: 2.
Calvin the plaintiff naturalized by procreation
and birth-right, since the descent of the crown
of England; 3. ligeance and obedience of the
subject to the sovereign, due by the law of na-
ture: 4. protection and government due by the
law of nature: 5. this case, in the opinion of
divers, was more doubtful in the beginning, but
the further it proceeded, the clearer and stron-

(dd) In one of the notes to the new edition of Coke upon Littleton, we have had occasion to observe on this extravagant doctrine about the Dispensing Power. Co. Lit. 13th ed. fol. 120. a. notes 3 and 4. EDITOR.

6

ger it grew; and therefore the doubt grew from some violent passion, and not from any reason grounded upon the law of nature, quia quanto magis violentus motus, qui fit contra naturam, appropinquat ad suum finem, tanto debiliores et tardiores sunt ejus motus; sed naturalis motus, quanto magis appropinquat ad suum finem, tanto fortiores et velociores sunt ejus 'motus.' Hereby it appeareth how weak the objection grounded upon the rule of (e) quan'do duo jura concurrunt in unâ personâ, &c.' is; for that rule holdeth not in personal things, that is when two persons are necessarily and inevitably required by law, as in the case of an alien born there is; and therefore no man will say, that now the king of England can make war or league with the king of Scotland, et sic de cæteris:' and so in case of an alien born, you must of necessity have two several ligeances to two several persons. And to conclude this point concerning laws, non adversatur 'diversitas regnor' sed regnant'; non patriarum, " sed patrum patriar'; non coronarum, sed co'ronatorum; non legum municipalium, sed 'regnum majestatum.' And therefore thus were directly and clearly answered as well the objections drawn from the severalty of the kingdoms, seeing there is but one head of both, and the Postnati and us joined in ligeance to that one head, which is copula et tanquam oculus' of this case; as also the distinction of the laws, seeing that ligeance of the subjects of both kingdoms, is due to their sovereign by one law, and that is the law of nature.

land, and by his birth is legitimated in Eng-
land, yet he is none of the (a) peers or nobility
of England; for his natural ligeance and obe-
dience, due by the law of nature, maketh him
a subject and no alien within England: but
that subjection maketh him not noble within
England, for that nobility had his original by
the king's creation, and not of nature. And
this is manifested by express authorities,
grounded upon excellent reasons in our books.
If a baron, viscount, earl, marquis, or duke of
England, bring any action real or personal, and
the defendant pleadeth in abatement of the
writ, that he is no baron, viscount, earl, &c.
and thereupon the demandant or plantiff taketli
issue; this issue shall not be tried by jury, but
by the (b) record of parliament, whether he or
his ancestor, whose heir he is, were called to
serve there as a peer, and one of the nobility
of the realm. And so are our books adjudged
in 22 Ass. 24. 48 Edw. 3. 30. 35 H. 6. 40.
20 Eliz. Dyer 360. Vide in the sixth part of
my Reports, in the countess of Rutland's case.
So as the man, that is not de jure a peer, or one
of the nobility, to serve in the upper house of
the parliament of England, is not in the legal
proceedings of law accounted noble within
England. And therefore if a countee of France
or Spain or any other foreign kingdom, should
come into England, he should not here sue, or
be sued by the name of counter, &c. for that
he is none of the nobles that are members of
the upper house of the parliament of England;
and herewith agree the book-cases of (c) 20
Ed. 4, 6. a b. and 11 Ed. 3, tit. Bre. 473, like
law it is, and for the same reason, of an earl or
baron of Ireland, he is not any peer, or of the
nobility of this realin; and herewith agreeth
the book in 8 R. 2. tit. (d) Proces. pl. ultim.
where in an action of debt process of outlawry
was awarded against the earl of Ormond in
Ireland; which ought not to have been, if he
had been noble here. Vide Dyer (e) 20 Eliz.
360.

For the third, it is first to be understood, that as the law hath wrought four unions, so the law doth still make four separations. The first union is of both kingdoms under one natural liege sovereign king, and so acknowledged by the act of parliament of recognition. The 2nd is an union of ligeance and obedience of the subjects of both kingdoms, due by the law of nature to their sovereign: and this union doth suffice to rule and over-rule the case in question; and this in substance is but a unit- But yet there is a diversity in our books ing of the hearts of the subjects of both king-worthy of observation, for the highest and lowdoms one to another, under one head and sovereign. The 3rd union is an union of protection of both kingdoms, equally belonging to the subjects of either of them: and therefore the two first arguments or objections drawn from two supposed several ligeances were fallacious, for they did disjungere conjungenda. The 4th union and conjunction is of the three lions of England and that one of Scotland united and quartered in one escutcheon.

Concerning the separations yet remaining: 1. England and Scotland remain several and distinct kingdoms. 2. They are governed by several judicial or municipal laws. 3. They have several distinct and separate parliaments. 4. Each kingdom hath several nobilities: for albeit a Postnatus in Scotland, or any of his posterity, be the heir of a nobleman of Scot

(e) Ellesmere's Postnat. c. 88. 4 Co. 118. a. Cawly 209, Antea Moor 793, 834.

est dignities are 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 sued by the name of a king; and herewith agreeth 11 E. 3, tit. Br. (f) 473, where the case was, that Alice, which was the wife of R. de O. brought a writ of dower against John earl of Richmond, and the writ was præcip. Johann. comiti Richmondiæ cus'todi terr' et hæredis' of William the son of R. de O. the tenant pleaded that he is duke of

(a) Dyer 360. pl. 6. 9. Co. 117. a. b. g Inst. 48.

(b) Co. Lit. 16. b. 6 Co. 53. a. 9 Co. 31. a. 49. a. 12 Co. 70, 94. 95. 2 Inst. 50. 2 Roll. 575. Moor 767.

(c) 9 Co. 117. b. Br. Nosme de Dignity 49.
(d) 9 Co. 117. b. Fitz. Proc. 224.
(e) Dy. 360. pl. 6. Co. Lit. 261. b.
(f) Moor 803. 9 Co. 117. b. posten

per

eth him no duke, to sue or to be sued by that name within England: so as the law in these points, apparent in our books, being observed, and rightly understood, it appeareth how causeless their fear was, that the adjudging of the plaintiff to be no alien should make a confusion of the nobilities of either kingdom.

all successions of ages, proving the plaintiff to be no alien. 6. Demonstrative conclusions. upon the premises, approving the same.

Britain, not named duke, judgment of the writ? But it is ruled, that the writ was good, for that the dukedom of Britain was not within the realm of England. But there it is said, that if a man bring a writ against Edward (g) Baliol, and name him not king of Scotland, the writ shall abate for the cause aforesaid. And hereof there is a notable precedent in Fleta, Now are we in order come to the fourth noun lib. 2. cap. 5. § 9. where treating of the juris-(which is the fourth general part) Alienigena; diction of the king's court of Marshalsea, it is wherein six things did fall into consideration. said, et hæc omnia ex officio suo licite facere 1. Who was Alienigena, an alien born by the poterit (ss. seneschal' aul' hospitii regis) non laws of England. 2. How many kinds of obstante alicujus libertate, etiam in alieno aliens born there were. 3. What incidents beregno, dum tamen reus in hospitio regis poterit longed to an alien boru. 4. The reason why 'inveniri; secundum quod contigit Paris. anno an alien is not capable of inheritance or free14 Ed. 1. de Engelramo de Nogent capto in hold within England. 5. Examples, resoluhospitio regis Angl', ipso rege tunc apud Pari-tions, and judgments reported in our books in siam existente, cum discis argenti furatis recenter super facto, rege Franc' tunc presente; ⚫ et unde licet curia regis Franc' de præd' latone. castellanum Paris. petita fuerit, habitis et ⚫inde tractatibus in consilio regis Franc', tandem consideratum fuit, quod rex Angi' illa regia prærogativa, et hospitii sui privilegio uteretur, et gauderet; qui, coram Roberto Fitz-John milite tunc hospitii regis Angl' seneschallo de latrocinio convictus, per considerationem ejus cur' fuit (h) suspensus in patibulo sancti Germani de pratis.' Which proveth that though the king be in a foreign kingdom, yet he is judged in law a king there. The other part of the said diversity is proved by the book-case in 20 (i) E. 4, fol. 6. a. b. where in a writ of debt brought by sir J. Douglas, knight, against Elizabeth Molford, the defendant demanded judgment of the writ, for that the plaintiff was an earl of Scotland, but not of England; and that our sovereign lord the king had granted unto him safe conduct, not named by his name of dignity, judgment of the writ, &c. And there justice Littleton giveth the rule. The plaintiff, saith he, is an earl in Scotland, but not in England; and if our sovereign lord the king grant to a duke of France a safe conduct to merchandize, and enter into his realm, if the duke cometh and bringeth merchandize into this land, and is to sue an action here, he ought not to name himself duke, for he is not a duke in this land, but only in France. And these be the very words of that book-case; out of which I collect three things. First, that the plainud was named by the name of a knight, wheresoever he received that degree of dignity. Vide (k) 7 H. 6, 14 b. accord. 2. That an earl of another kingdom or nation is no earl, to be so named in legal proceedings, within this realm: and herewith agrecth the book of (1) 11 Ed. 3, the earl of Richmond's case before recited. 3. That albeit the king by his letters patent of safe conduct do name hin duke, yet that appellation mak

1. An alien is a subject that is born out of the ligeance of the king, and under the ligeance of another, and can have no real or personal action for or concerning land; but in every such action the tenant or defendant may plead, that he was born in such a country which is not within the ligeance of the king, and demand judgment if he shall be answered. And this is in effect the description which Lit. himself maketh, lib. 2. cap. 14. [Co. Lit. 128. b. 129, a. 4. Inst. 152. Lit. sect. 193.] Villen. fol. 43. Alienigena est alienæ gentis seu aliena ligeantiæ, qui etiam dicitur peregrinus, alienus, exoticus, extraneus, &c. Extraneus est subditus, qui extra terram, i. e. potestatem regis, natus est.' And the usual and right pleading, of an alien born doth livelly and truly describe and express what he is. And therein two things are to be observed. First, that the most usual and best pleading in this case is both exclusive and inclusive, viz.extra ligeantiam 'domini regis, &c. et infra ligeantiam alterius. regi-,' as it appeareth in (m) 9 Ed. 4, 7. b. Book of Entries, fol. 244, &c. which cannot possibly be pleaded in this case for two causes. 1. For that one king is sovereign of both kingdoms. 2. One ligeance is due by both to one sovereign, and in case of an alien there must of necessity be several kiugs and several ligeances. Secondly, no pleading was ever extra regnum,' or extra legem,' which are circumscribed to place; but extraligeantiam,' which (as it hath been said) is not local or tied to any place.

It appeareth by Bracton, lib. 3. tract. 2 c. 15. fol. 134, that (n) Canutus the Danish king, having settled himself in this kingdom in peace, kept notwithstanding (for the better continu ance thereof) great armies within this realm. The peers and nobles of England distasting this government by arms and armies,odimus ac

cipitrem quia semper vivit in armis,' wisely and politicly persuaded the king, that they would provide for the safety of him and his people, and yet his armies carrying with them

(m) Antea 5. a. (n) Stanf, cor. 17. f.

but (9) lands within this realm, or houses, but for their necessary habitation only, alien friends cannot 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 should be disabled to acquire and maintain these things, it were in effect to deny unto them trade and traffick, which is the life of every island. But if this alien become an enemy, as all alien friends may, then is he utterly disabled. to maintain any action, or get any thing within this realm. And this is to be understood of a temporary alien, that being an enemy, may be a friend, or being a friend may be an enemy. But a perpetual enemy, though there be no wars by fire and sword between them, cannot maintain any action, or get any thing within this realm. All infidels are in law perpetui (r) inim:ci, į erpetual enemies, for the law presumes not that they will be converted, that being remota potentia, a remote possibility, for between them, as with the devils,

many inconveniences should be withdrawn; and therefore offered, that they would consent to a law, that whosoever should kill an alien, and be apprehended, and could not acquit him self, he should be subject to justice: but if the manslayer fled, and could not be taken, then the town where the man was slain should forfeit 66 marks unto the king; and if the town were not able to pay it, then the hundred should forfeit and pay the same unto the king's treasure; whereunto the king assented. [Full. Ch. Hist. 1. 1. 12.] This law was penned quicunque 'occiderit Francigenam, &c.' not excluding other aliens, but putting Francigena a Frenchman for example, that others must be like unto him, in owing several ligeance to a several sovereign, that is, to be extra ligeantiam regis Angl', and infra ligeantiam alterius regis.' And it appears before out of Bracton and Fleta, that both of them use the same example (in describing of an alien) ad fidem regis Francie.' And it was bolden, that except it could be proved, that the party slain was an English-whose subjects they be, and the Christian, there man, that he should be taken for an alien; and is perpetual hostility, and can be no (s) peace; this was called Englesheric, Englesheria, that for as the apostle saith, 2 Cor. vi. 15. qua is, a proof that the party slain was an English- autem conventio Christi ad Belial, aut qua man. (Hereupon Canutus presently withdrew pars fideli cum infideli?' And the law saith,, his armies, and within a while after lost his Judeo Christianum nullum serviat mancipium crown, and the same was restored to his right nefas enim est quem Christus redemit blasowner.) The said law of Englesherie conti- phemum Caristi in servitutis vinculis detinere.' nued until 14 Ed. 3, cap. 4, and then the same | Register 282. • Infidelis sunt Christi et Chriswas by act of parliament ousted and abolished. ⚫tianorum inimici.' And herewith agreeth the So amongst the laws of William the first, (pub-book in 12 H. 8. fol. 4. where it is holden that lished by 'master Lambert, fol. 125.) emuis a pagan cannot have or maintain any action at Francigena' (there put, for example as before all. [Quære.] is said, to express what manner of person. Ali- And upon this ground there is a diversity beenigena should be) ' qui tempore Edvardi pro- | tween a conquest of a kingdom of a Christiair pinqui nostri fuit particeps legum et consuetu-king, and the conquest of a kingdom of an indinum Anglorun' (that is made denizen) quod dicunt ad scot et lot perselvat secundum legem Anglorum.'

6

Every man is either alienigena, an alien born, or subditus, a subject born. Every alien is either a friend that is in league, &c. or an enemy that is in open war, &c. Every alien quemy is either pro tempore, temporary for a time, or perpetuus, perpetual, or specialiter permissus, permitted especially. Every subject is either, natus, born, or dates, given or made: and of these briefly in their order. An alien friend, as at this time, a German, a Frenchman, a Spaniard, &c. (all the kings and princes in Christendom being now in league with our sovereign; but a Scot being a subject, cannot be said to be a friend, nor Scotland to be solum amici) may by the common law have, acqui.e, and get within this resim, by gift, trade, or other lawful means, any treasure, or (o) goods personal whatsoever, as well as an Englishman, and may maintain any (p) action for the same:

fidel; for if a king come to a Christian king-
dom by conquest, seeing that he hath vitæ et
necis potestatem,' he may at his pleasure alter
and change the laws of thắt ki, gdom, but until
he doth make an alteration of those laws, the
ancient laws of that kingdom remain. [Dav.
30. b. 3. Keb. 409. Salk. 411, 412. 666.
Comb. 55. But if a Christian king should
conquer a kingdom of an infidel, and bring
them under Lis subjection, there ipso facto the
laws of the infidel are abrogated; for that they
be not only against Christianity, but against the
law of God and of nature, contamed in the
Decalogue: and in that case, until certain laws
be established amongst them, the king by him-
self, and such judges as he shall appoint, shal!
judge them and their causes according to na-
toral equity, in such sort as kings in ancient
time did with their kingdoms, before any cer-
tain municipal laws were given, as before bath
been said. But if a king hath a kingdom by
title of descent, there seeing by the laws of that
kingdom he doth inherit the kingdom, he can-
not change those laws of himself, without con-
seut of parliament. Also if a king hath a

(9) Poph. 36. Co. Lit. 2 b. Dy. 2. pl. 8. -1
(r) Wing. Max. 10. Skin. 166.
(s) 4 Inst. 155.

Christian kingdom by conquest, as Henry 2, had Ireland, after John had given unto them, being under his obedience and subjection, the laws of England for the government of that country, no succeeding king could alter the same without parliament. And in that case while the realm of England and that of Ireland were governed by several laws, any that was born in Ireland was no alien to the realm of England. In which precedent of Ireland three things are to be observed. 1. That then there had been two descents, one from Henry 2 to Richard 1, and from Richard to John, before the alteration of the laws. 2. That albeit Ircland was a distinct dominion, yet, the title thereof being by conquest, the same by judginent of law night by express words be bound by act of the parliament of England. 3. That albeit no reservation were in king John's Charter, yet by judgment of law a writ of error did lie in the King's Bench in England of an erroneous judgment in the King's Bench of Ireland, [Kelw. 202. pl. 19. 4 Inst. 71. F. N. B. 22. d. Vaugh. 200. 291.] Furthermore, in the case of a conquest of a Christian kingdom, as well those that served in wars at the conquest, as those that remained at home for the safety and peace of their country, and other the king's subjects, as well Antenati as Postnati, are capable of lands in the kingdom or country conquered, and may maintain any real action, and have the like privileges and benefits there, as they may have in England,

king of England. 2. The place is observable,
but so as many times ligcance or obedience,
without any place within the king's dominions,
may make a subject born; but any place with-
in the king's dominions without obedience can
never produce a natural subject. And there-
fore if any of the king's ambassadors in foreign
nations have children there of their wives, being
English women, by the common laws of Eng-
land they are natural-born subjects, and yet
they are born out of the king's dominions. [Cr.
Car. 601. 602. March 91. Jenk, Cent. 3.] But
if enemies should come into any of the king's
dominions, and surprise any castle or fort, and
possess the same by hostility, and have issue
there, that issue is no subject to the king, though
he be born within his dominions; for that he
was not born under the king's ligeance or obe-
dieuce. But 3, the time of his (a) birth is of -
the essence of a subject born; for he cannot
be a subject to the king of England, unless at
the time of his birth he was under the lige-
ance and obedience of the king. And that
is the reason that Autenati in Scotland (for that
at the time of their birth they were under the
ligeance and obedience of another king) are
aliens born, in respect of the time of their birth.

4. It followeth next in course to set down the Reasons, wherefore an alien born is not capable of inheritance within England; and that he is not for three reasons. 1. The secrets of the realm might thereby be discovered. 2. The revenues of the realm (the sincws of war, and The third kind of enemy is, inimicus permissus, ornament of peace) should be taken and enjoyan enemy that cometh into the realm by the ed by strangers born. 3. It should tend to the king's safe-conduct, of which you may read in destruction of the realm. Which three reasons the Register, fol. 25. Book of Entries, ejec- do appear in the statute of 2 H. 5. cap. and 4 • tione firma,' 7, 32 H. 6. 2. b. &c. Now II. 5. cap. ultimo. [See 2 II. 4. c. 7. & c. 9.] what a subject born is, appeareth at large by But it may be demanded, wherein doth that that which hath been said de ligeantia : [Co. | destruction consist. Whereunto it is answered : Lit. 129. a.] and so likewise de subdito dato, of first, it tends to destruction tempore betli; for a Donaison: for that is the right name, so then strangers might fortify themselves in the called, because his legitimation is given unto heart of the realin, and be ready to set fire on him; for if you derive denizen from deins nee, the common-wealth, as was excellently shadowone born within the obedience or ligeance of ed by the Trojan horse in Virgil's second book the king, then such a one should be all one with of his Eneid, where a very few men in the a natural-born subject. And it appeareth be- | heart of the city did more mischief in a few fore out of the laws of king W. 1. of what anti-hours, than ten thousand men without the walls quity the making of denizens by the king of England hath been.

3. There be regularly (unless it be in special cases) three incidents to a subject born. [Lit. Rep. 27.] 1. That the parents be under the actual obedience of the king. 2. That the place of his birth be within the king's dominion. And 3. The time of his birth is chiefly to be considered; for he cannot be a subject born of one kingdom that was born under the ligeance of a king of another kingdom, albeit afterwards' Que kingdom descend to the king of the other. 1. For the first, it is termed actual obedience, because though the king of England hath absolute right to other kingdoms or dominions, as France, Aquitain, Normandy, &c. yet seeing the king is not in actual possession thereof, none born there since the crown of England was out of actual possession thereof, are subjects to the

in ten years. Secondly tempore pacis, for sa might many aliens born get a great part of the inheritance and freehold of the realm, whereof there should follow a failure of justice (the supporter of the commonwealth), for that aliens born cannot be returned of juries (b) for the trial of issues 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 Ed. 3. written to pope Clement, datum apud Westm. 26. die Sept. ann. regni nostri Francia 4. regni vero An'gliæ 17.'

5. Now are we come to the examples, resolutions, and judgments of former times: wherein two things are to be observed, First, how

(a) 2 Vent. 6. Vaugh. 286.

(b) 10 Co. 101. a. Co. Lit. 156. b. Poph. 36.