6

or conelusions, drawn plainly and expressly from the premises.

2. Whosoever are born under one natural ligeance and obedience, due by the law of nature to one sovereign, are natural-born subjects: but Calvin was born under one natural ligeance and obedience due by the law of nature to one sovereign; ergo he is a naturalborn subject.

standing by him, si hominem Romanum et ⚫ indemnatum licet vobis flagellare? Which when the centurion heard, he went to the tri- 1. Every one that is au alien by birth, may bune and said, quid acturus es? Hic enim be, or might have been an enemy by accident; homo cives Romanus est.' Then came the but Calvin could never at any time be an enetribune to Paul, and said unto him; dic mihi si my by any accident; ergo, he cannot be an tu Romanus es? At ille dixit, etiam.' And alien by birth. Vide 33 H. 6, f. 1, a. b. the the tribune answered, ego multa summa civi- difference between an alien enemy, and a subtatem hanc consequutus sum.' But Paul, pot ject traitor. Hostes sunt, qui nobis, vel quimeaning to conceal the dignity of his birth- bus nos bellum decernimus; cæteri prodiright said, ego autem et natus sum' as if he tores, prædones, &c.' The mujor is apparent, should have said to the tribune, you have your and is proved by that which hath been said. freedom by purchase of money, and I (by a Et vide Magna Charta, cap. 30, 19 E. 4, 6, more noble means) by birth-right and inherit-9 E. 3, c. 1, 27 E. 3, c. 2, 4 II. 5, c. 7, 14 E. ance. Protinus ergo,' saith the text, deces- 3, stat. 2, c. 2, &c. serunt ab illo qui illum torturi erant: tribu'nus quoque timuit postquam rescivit, quia civis Romanus esset, et quia alligasset eum.' So as hereby it is manifest, that Paul was a Jew, born at Tarsus in Cilicia in Asia Minor; and yet being born under the obedience of the Roman emperor, he was by birth a citizen of Rome in Italy in Europe, that is, capable of and inheritable to all privileges and immunities of that city. But such a plea as is now imagined against Calvin might have made St. Paul an alien to Rome. For if the emperor of Rome had several ligeances for every several kingdom and country under his obedience, then might it have been said against St. Paul, that he was extra ligeantiam imperatoris regni sui Italiæ, et infra ligeantiam imperatoris regni ‹ sui Ciliciæ, &c.' But as St. Paul was Judens patria et Romanus privilegio, Judæus 'natione et Romanus jure nationum; so may Calvin say, that he is Scotus patria et Anglus privilegio, Scotus natione et Anglus jure na'tionum.'

3. Whosoever is born within the king's power or protection, is no alien: but Calvin was born under the king's power and protection: ergo he is no alien.

4. Every stranger born must at his birth be either amicus or inimicus: but Calvin at his birth could neither be amicus nor inimicus ; ergo he is no stranger born. Inimicus he cannot be, because he is subditus ; for that cause also he cannot be amicus; neither now can Scotia be said to be solum amici, as hath been said.

ture; ergo it cannot be altered. It hath been proved before, that ligeance or obedience of the inferior to the superior, of the subject to the sovereign, was due by the law of nature many thousand years before any law of man was made; which ligeance or obedience (being the only mark to distinguish a subject from an alien) could not be altered; therefore it re maineth still due by the law of nature. For

5. Whatsoever is due by the law or constitution of man, may be altered; but natural ligeance or obedience of the subject to the sovereign cannot be altered; ergo natural ligeance Samaria in Syria was the chief city of the ten or obedience to the sovereign is not due by the tribes; but it being usurped by the king of Sy- law or constitution of man. [Sawyer's Arguria, and the Jews taken prisoners, and carried ment in Quo Warranto, 25.] `Again, whatsoaway in captivity, was after inhabited by the ever is due by the law of nature, cannot be alPanyms. Now albeit Samaria of right belong-tered; but ligeance and obedience of the subed to Jewry, yet because the people of Sama-ject to the sovereign is due by the law of naria were not under actual obedience, by the judgment of the chief justice of the whole world they were adjudged alienigena, aliens: for in the Evangelist St. Luke, c. 17, when Christ had cleansed the ten lepers, unus autem ex illis,' saith the text, ut vidit quia mundatus esset, regressus est cum magna voce 'magnificans Deum et cecidit in faciem ante 'pedes ejus gratias agens, et hic erat Samaritanus. Et Jesus respondens dixit, nonne de-leges naturæ perfectissimæ sunt et immutacem mundati sunt, et novem ubi sunt? Non 'est inventus, qui rediret et daret gloriam Deo, ' nisi hic alienigena.' So as by his judgment this Samaritan was alienigena, a stranger born, because he had the place, but wanted obedience. Et si desit obedientia non adjuvat tocus.' And this agreeth with the divine, who saith, si locus salvare potuisset, Satan de cœlo pro sua inobedientia non cecidisset. Adam in Paradiso non cecidisset. Lot in monte non cecidisset, sed potius in Sodom.'

6. Now resteth the sixth part of this division, that is to say, six demoustrative illations

6

biles, humani vero juris conditio semper in infinitum decurrit, et nihil est in eo quod perpetuo stare possit. Leges humanæ nascuntur, vivunt, et moriuntur.'

Lastly, whosoever at his birth cannot be an alien to the king of England, cannot be an alien to any of his subjects of England; but the plaintiff at his birth could be no alien to the king of England; ergo the plaintiff cannot be an alien to any of the subjects of England. The major and minor both be propositiones perspicue veræ. For as to the major it is to be observed, that whosoever is an alien born, is

:

potest esse alienigena corpori, qui non est 'capiti, non gregi qui non est regi.'

The authorities of law cited in this case for

Dower. Bracton, lib. 5, fol. 427. Fleta, lib. 6, cap. 47. In temp. E. 1, Hingham's Report. 17 Edw. 2, cap. 12, 11 Edw. 3, cap. 2. 14 Ed. 3, Statut. de Francià. 42 Ed. 3, fol. 2, 41 Ed. 3, cap. 10. 22 Lib. Ass. 25. 13 Rich. 2, cap. 2. 15 Rich. 2, cap. 7. 11 Hen. 4, fol. 26. 14 Hen. 4, fol. 19. 13 H. 4, Statutum de Guyan. 29 Hen. 6, tit. Estoppel 48. 23 Hen. 6, cap. 5. 32 Hen. 6, fol. 23. 23 Hen. 6, fol. 26. Littl. temp. Ed. 4, lib. 2, cap. Villenage. 15 Ed. 4, fol. 15. 19 Ed. 4, 6. 22 Ed. 4, cap. 8. 2 Rich. 3, 2. & 12. 6 Hen. 8, fol. 2. Dyer 14. Hen. 8, cap. 2. No manner of stranger born out of the king's obeysance, 22 H. 8, cap. 8. Every person born out of the realm of England, out of the king's obeysance, 32 Hen. 8, cap. 16. 25 Hen. 8, cap. 15, &c. 4 Ed. 6, Plowd. Comment. fol. 2. Fogassa's case. 2 & 3 Ph. & Mar. Dyer 145. Shirley's case. 5 EL Dyer 224. 13. El. cap. 7, de Bankrupts. All commissions ancient and late, for the finding of offices, to entitle the king to the lands of aliens born: also all letters patent of denization of ancient and latter times do prove, that he is no alien that is born under the king's obedience.

Now we are come to consider of legal inconveniences; and first of such as have been objected against the plaintiff, and secondly of such as should follow, if it had been adjudged against the plaintiff.

so accounted in law in respect of the king. And that appeareth, 1, by the pleading so often before remembered, that he must be extra ligeantiam regis,' without any mention mak-maintenance of the judgment: 4 H. 3, tit. ing of the subject. [Co. Lit. 2, b.] 2. When an alien born purchaseth any lands, the king only shall have them, though they be holden of a subject, in which case the subject loseth his seigniory. And as it is said in our books, an alien may purchase ad proficuum regis; but the act of law giveth the alien nothing and therefore if a woman alien marrieth a subject, she shall not be endowed, neither shall an alien be tenant by the curtesy. Vide 3 H. 6, 55, a. 4 H. 3, 179, 3. [Br. denizen 1 Fitz. dower 179.] The subject shall plead, that the defendant is an alien born, for the benefit of the king, that he upon office found may seize; and that the tenant may yield to the king the land, and not to the alien, because the king hath best right thereunto. 4. Leagues between our sovereign and others are the only means to make aliens friends; et fædera percutere,' to make leagues, only and wholly pertaineth to the king. 5. Wars do make aliens enemies, and bellum indicere' belongeth only and wholly to the king, and not to the subject, as appeareth in 19 Ed. 4, fol. 6, b. 6. The king only without the subject may make, not only letters of safe-conduct, but letters patent of denization, to whom, and how many he will, and enable them at his pleasure to sue any of his subjects in any action whatsoever, real or personal, which the king could not do without the subject, if the subject had any interest given uuto him by the law in any thing concerning an alien born. Nay, the law is more precise herein than in a number of other cases, of higher nature for the king cannot grant to any other to make of strangers born, denizens; it is by the law itself so inseparably and individually annexed to his royal person (as the book is in 20 II. 7, fol. 8), [Br. patents 111.] For the law esteemeth it a point of high prerogative, jus majestatis, et inter insignia summa potestatis, to make aliens born subjects of the realm, and capable of the lands and inhe-made in England. 2. Whether one be born ritances of England in such sort as any naturalborn subject is. And therefore by the statute of 27 H. 8, c. 21, many of the most ancient prerogatives and royal flowers of the crown, as authority to pardon treason, murther, manslaughter, and felony, power to make justices in eyre, justices of assise, justices of peace and gaol-delivery, and such like, having been severed and divided from the crown, were again reunited to the same: but authority to make letters of denization, was never mentioned therein to be resumed, for that never any claimed the same by any pretext whatsoever, being a matter of so high a point of prerogative. So as the pleading against an alien, the purchase by any alien, leagues, and wars between aliens, denizations, and safe-conducts of aliens, have aspect only and wholly unto the king. It followeth therefore, that no man can be alien to the subject that is not alien to the king.

Non

Of such inconveniences as were objected against the plaintiff, there remain only four to be answered: for all the rest are clearly and fully satisfied before: 1. That if Postnati should be inheritable to our laws and inheritances, it were reason they should be bound by our laws; but Postnati are not bound by our statute or common laws; for they having, as it was objected, never so much freehold or inheritance, cannot be returned of juries, nor subject to scot or lot, nor chargeable to subsidies or quinzimes, nor bound by any act of parliament

within the kingdom of Scotland or no, is not triable in England; for that it is a thing done out of this realm, and no jury can be returned for the trial of any such issue: and what inconvenience should thereof follow, if such pleas that wanted trial should be allowed, for then all aliens might imagine the like plea, they, that objected it, left it to the consideration of others. 3. It was objected, that this innovation was so dangerous, that the certain event thereof no man could foresee; and therefore, some thought it fit, that things should stand and continue as they had been in former time, for fear of the worst. 4. If Postnati were by law legiti mnated in England, it was objected what inconvenience and confusion should follow, if, for the punishment of us all, the king's royal issue should fail, &c. whereby those kingdoms might again be divided. All the other arguments and objections, that have been made, have been all

answered before, and need not to be repeated again.

so much is necessarily proved by the words trove fuit.) And 20 Ed. 3, tit. Averment 34. in a juris utrum, the death of one of the vouchees was alledged at such a castle in Bri

it is holden in 5 Rich. 2, tit. Trial 54, that if a man be adhering to the enemies of the king in France, bis land is forfeitable, and his adherency shall be tried where the land is, as oftentimes hath been done, as there it is said by Belknap : and Fitz. Nat. Br. 196, in a mortdanc', if the aucestor died in itinere peregrinationis suæ vers. Terram Sanctam,' the jury shall enquire of it. But in the case at bar, seeing the defendant hath pleaded the truth of the case, and the plaintiff hath not denied it, but demurred upon the same, and thereby confessed all matters of fact, the court now ought to judge upon the special matter, even as if a jury upon an issue joined in England, as it is aforesaid, had found the special matter, and left it to the court.

1. To the first it was resolved, that the cause of this doubt was the mistaking of the law: for if a Postnatus do purchase any lands in Eng-tain, and this was enquired of by the jury. And land, he shall be subject in respect thereof, not only to the laws of this realm, but also to all services and contributions, and to the payment of subsidies, taxes, and public charges, as any denizen or Englishman shall be; nay, if he dwell in England, the king may command him, by a writ of ne exeat regnum, that be depart not out of England. But if Postnatus dwell in Scotland, and have lands in England, he shall be chargeable for the same to all intents and purposes, as if an Englishman were owner thereof, and dwelt in Scotland, Ireland, in the isles of Man, Guernsey, or Jersey, or elsewhere. The same law is of an Irishman that dwells in Ireland, and bath land in England. But if Postnati, or Irishmen, men of the isles of Man, Guernsey, Jersey, &c. have lands within England, and dwell here, they shall be subject to all services and public charges within this realm, as any Englishman shall be. So as to service and charges, the Postnati and *lishinen born are all in one predicament.

3. To the third it was answered and resolved that this judgment was rather a renovation of the judgments and censures of the reverend judges and sages of the law in so many ages Eng-past, than any innovation, as appeareth by the book and book-cases before recited; neither have judges power to judge according to that which they think to be fit, but that which out of the laws they know to be right and consonant to law. Judex bonus nihil ex arbitrio suo faciat, nec proposito domesticæ voluntatis, 'sed juxta leges et jures pronuntiet. And as for timores, fears grounded upon no just cause, qui non cadunt in constantem virum, vani timores æstimandi sunt.'

2. Concerning the trial, a threefold answer was thereunto made and resolved: 1. That the like objection might be made against Irishmen, Gascoins, Normans, men of the isles of Man, Guernsey, and Jersey, of Berwick, &c. all which appear by the rule of our books to be natural-born subjects; and yet no jury can Come out of any of those countries and places, for trial of their births there. 2. If the demandant or plaintiff in any action concerning lands 4. And as to the fourth, it is less than a be born in Ireland, Guernsey, Jersey, &c. out dream of a shadow, or a shadow of a dream : of the realm of England, if the tenant or defen- [2 Ventrix 6.] for it hath been often said, nadant plead, that he was born out of the lige- tural legitimation respecteth actual obedience ance of the king, &c. the demandant or plain- to the sovereign at the time of the birth; for tiff may reply, that he was born under the lige- as the Antenati remain aliens as to the crown ance of the king at such place within Eng- of England, because they were born when land: [Co. Lit. 261. a. b. 6 Co. 47. a.] and there were several kings of the several kingupon the evidence the place shall not be mate-doms, and the uniting of the kingdoms, by derial, but only the issue shall be, whether the demandant or plaintiff were born under the ligeance of the king in any of his kingdoms or dominions whatsoever: and in that case the jury, if they will, may find the special matter, viz. the place where he was born, and leave it to the judgment of the court: and that jurors may take knowledge of things done out of the realm in this and like cases, vide 7 H. 7, 8. b. 20 Ed. 3, Averment 34. 5 Ric. 2, tit. Trial 54. 15 Ed. 4, 15. 31 H. 6, 25. Fitz. Nat. Br. 196. Vide Dowdale's case, in the sixth part of my Reports, fol. 47, and there divers other judgments be vouched. 3. Brown, in anno 32 H. 6, reporteth a judgment then lately given, that where the defendant pleaded, that the plaintiff was a Scot, born at St. John's town in Scotlund, out of the ligeance of the king; whereupon they were at issue, and that issue was tried where the writ was brought, and that appeareth also by 27 Ass. pl. 24. that the jury did find the prior to be born in Gascoin, (for

scent subsequent, cannot make him a subject to that crown to which he was alien at the time of his birth; so albeit the kingdoms (which Almighty God of his infinite goodness and mercy divert) should by descent be divided, and governed by several kings; yet it was resolved, that all those, that were born under one natural obedience, while the realms were united under one sovereign, should remain natural born subjects, and no aliens; for that naturalization due and vested by birth-right, cannot by any separation of the crowns afterward be taken away; nor he, that was by judgment of law a natural subject at the time of his birth, become an alien by such a matter er post facto. And in that case, upon such an accident, our Postnatus may be ad fidem utriusque regis,' as Bracton saith in the afore-remembered

*Note on the Abdication of k. J. 2, they were divided: but are now consolidated by the Union Act.

place, fol. 427. Sicut Anglicus non auditur and rules, there be in our books in all ages in placitando aliquem de terris et tenement' concerning this case, as if they had been prein Francia, ita nec debet Francigena et alieni-pared for the deciding of the question of this gena, qui fuerit ad fidem rezis Franciæ, auditi placitando in Anglia: sed tamen sunt alqui Francigence in Francia, qui sunt ad ⚫ tiden utriusque, et semper fuerunt ante Normannjam deperditam et pist, et qui placitant hic et ibi, ea ratione, quia sunt ad fidem utrisque, sicut fuit Willielmus comes marcschallus et manens in Anglia, et M. de Gynes manens in Francia, et alii plures.' Concerning the reason drawn from the (a) etymologies, it made against them, for that by their own derivation, alienæ gentis and aliena ligeantie is all one: but arguments drawn from etymologies are too weak and too light for judges to build their judgments upon: sæpenumero ubi proprietas (b) verborum attenditur, sensus veritatis amittitur:' and yet when they agree with the judgment of law, judges may use them for

ornaments.

But on the other side, some inconveniences should follow, if the plea against the plaintiff should be allowed. For, first it maketh ligeance local; videlicet, ligeantia regis regni sui 'Scotiæ,' and 'ligeantia regis regni sui Angliæ:' whereupon should follow, first, that faith or ligeance, which is universal, should be confined within local limits and bounds: secondly, that the subjects should not be bound to serve the king in peace or in war out of those limits; thirdly, it should illegitimate many, and some of noble blood, which were born in Gascoin, Guienne, Normandy, Calais, Tournay, France, and divers other of his majesty's dominions, whilst the same were in actual obedience, and in Berwick, Ireland, Guernsey, and Jersey, if this plea should have been admitted for good. And secondly, this strange and new-devised plea incline too much to countenance that dangerous and desperate error of the Spencers, touched before, to receive any allowance within Westminster-hall.

In the proceeding of this case, these things were observed, and so did the chief justice of the Common Pleas publicly deliver in the end of his argument in the Exchequer-chamber. First, that no commandment or message by word or writing was sent or delivered from any whatsoever to any of the judges to cause them to incline to any opinion in this case; which I remember, for that it is honourable for the state, and consonant to the laws and statutes of this realm. Secondly, there was observed, what a concurrence of judgments, resolutions,

(a) Co. Lit. 68, b. (b) 9 Co. 110. b.

point; and that (which never fell out in any doubtful case) no one opinion in all our books is against this judgment. Thirdly, that the tive judges of the King's-bench, who adjourned this case into the Exchequer-chamber, rather adjourned it for weight than difficulty, for all they in their arguments und vore concurred with the judgment Fourthly, that never any case was adjudged in the Exchequer-chamber with greater concordance and less variety of opinions, the lord-chancellor and twelve of the judges concurring in one opinion. Fifthly, that there was not in any remembrance so honourable, great, and intelligent an auditory at the hearing of the arguments of any Exchequerchamber case, as was at this case now adjudged. Sixthly, it appeareth, that jurisprudentia legis communis Angliæ est scientia socialis et copiosa:' sociable, in that it agreeth with the principles and rules of other excellent sciences, divine and human: copious, for that quamvis ad (d) ea quæ frequentius accidunt jura adaptantur,' yet in a case so rare, and of such a quality, that loss is the assured end of the practice of it (for no alien can purchase lands, but he loseth them, and ipso facto the king is entitled thereunto, in respect whereof a man would think few men would attempt it) there should be such a multitude and farrago of authorities in all successions of ages, in our books and book-cases, for the deciding of a point of so rare an accident.Et sic determinata et terminata est ista quæstio.'

The Judgment in the said Case, as entered on record, &c.

Whereupon all and singular the premises being seen, and by the court of the lord the now king here diligently inspected and examined, and mature deliberation being had thereof; for that it appears to the court of the lord the now king here, that the aforesaid plea of the said Richard Smith and Nicholas Smith, above pleaded, is not sufficient in law to bar the said Robert Calvin from having an answer to his aforesaid writ: therefore it is considered by the court of the lord the now king here, that the aforesaid Richard Smith and Nicholas Smith to the writ of the said Robert do further

answer.

See now the statutes for the Union of both kingdoms.

(d) 5 Co. 127. b. Co. Lit. 218. a. 2 Inst. 137. Cart. 13. 6 Co. 87. a.

Lord Chancellor ELLESMERE'S Speech in the Exchequer Chamber, in the Case of the POSTNATI (c).

My lords: Mine age, mine infirmitie, and in- | learned and judicious arguments of so many disposition of health, my decaie and weaknesse | graue, learned, and reuerend judges.

of memorie, and desuetudo, and long discontinuance from this maner of legal exercise (aboue foureteene yceres) haue bereaued mee of the meanes and helpes that should inhable me to speake in so great a case.

I feare therefore, that it will be deemed presumption (if not worse) that I aduenture to speake heerein at all; specially after so many |

(c) This Argument was printed in 1609, with the following title:-The Specch of the Lord Chancellor of England, in the ExchequerChamber, touching the Post-nati. Before the Speech there was the following Address to the

reader:

To say the same that hath beene saied, must needes be vnpleasaunt, wearisome, and loathsome to the bearers; and not to say the same is to speake little to the purpose: for, what more can bee saied than hath beene?

Yet, for that the case is depending in Chancerie, and adiourned bither for difficultie in law, and there I must giue iudgement accordsecond, yet I could not haue escaped by silence, from offending in the first and last. And if Festus thought it not reason, to send a prisoner, without shewing the causes which were layed against him, I might haue beene worthily and justly censured, if vpon other mens arguments, "To the louing readers; Before I presumed and as it were fide implicito, I should haue to speake in the Eschequer-Chamber in R. C. pronounced my judgement and sentence in so case (which is now commonly called the Case great a 'cause, without declaring the grounds of Post-nati,) I considered mine age and in- and reasons whereupon I stood. Thus, ductie firmities, and how long I had discontinued and necessitie (for, ratio sapienti necessitas) from such legail exercises. I might hereupon were the causes that induced mee to speake in haue justly challenged the priuiledge of silence. this rare and weightie cause, and the force of But greater and weightier reasons ouer-ruled truth moued mee to speake that which I did mee, and enforced mee to waiue the benefit of speake, without respect of pleasing or displeasthat privilege for, looking into the nature of ing any. And so, hauing the warrant of a sinthe question then in hand, and examining the cere conscience, which is truly said to be, 'vecircumstances, I found the case to bee rare, 'luti comes, et testis, et judex actionum,' I and the matter of great import and conse- baue in the Chancerie indged and decrced the quence, as being a special and principall part of case for R. C. And the like judgement is also the blessed and happy Vnion of Great Britaine. giuen by the judges of the King's Bench, in the -I heard many learned and iudicious argu- assise depending in that court. The decree ments, made by the reuerend Judges: and find- and judgement being thus passed, diuerse vning that they did not all concurre in opinion perfect reports, and seuerall patches and pieces (though the number was indeede so few, of of my speech haue bio put in writing, and disthem that differed, that in Greeke it woulde not persed into many hands, and some offred to the make a plurall number) and that some things presse. The king's majestie, hauing knowledge were by them omitted, which seemed to mee to thereof, misliked it; and thereupon commandbe both pertinent to the matter, and necessary ed me to deliuer to him in writing, the whole to bee knowne, and more proper and fit to bee discourse of that which I said in that cause.-spoken by me respecting the place I hould, than Thus I was put to an vnexpected new labour, by them, that did wholy binde themselucs to to reuiew my scribled and broken papers. Out the forme and rule of legal argument and dis of which (according to the charge imposed vpon course: I thought that I coulde not, in dutie, me) I gathered all which I had before spoken, sit as a dumme and idle hearer onclie; the cause and so set it downe faithfully and plainly, and being iudicially depending in the high court of (as ncare as I could) in the same words I vtterChancerie, where I was to judge of it according ed it. It pleased his sacred maiestie to take to lawe, following the rule of mine owne consci- some view of it; and taking occasion thereby, ence, and the measure of mine owne vnder- to remember the diligence of the Lord Chiefe standing, and not to bee swayed with the weight Iustice of the Common-Place, for the summary of other mens opinions.-I considered also, Report he had published of the ludges arguthat although silentij tutum præmium is often ments, he gaue mee in charge to cause this to true in humane policie, yet sometime there is be likewise put in print, to preuent the printcrimen reticentia; and therefore the propheting of such mistaken and vnperfect reports of said, "væ mihi quia tacui.' And Chrysostome obserueth, that, tribus modis in veritatem 'peccatur: 1. veritatem præ timore tacendo: 2. veritatem in mendatium commutando: 3. veritatem non defendendo.' Remembring this, my conscience tould me, that howsoeuer silence might in this case haue excused mee of the

it, as were alreadie scattered abroad.-Whatsoeuer it is, it was first conceived and spoken out of conscience and duty; and is now published in bumble obedience to my most gracious soueraigne. And so I offer and commend it to your good acceptance and fanourable interpretation. T. ELLESMERE, Canc.'