ing to the law, whether the complainant bee inhabled, by lawe, to maintaine his suit in that court or not; I holde it more fitting to deliuer the reasons of my judgement heere, where others haue beene heard, than there, before a few, which haue not heard that, which hath beene so learnedly argued and largely debated heere

And therefore the case standing thus, I will speake what I thinke. And I must say as one of the graue judges saied, I can tell no newes; but some old things which I haue read and obserued, I will remember; but I cannot diuine, or prophesie de futuris, I leaue that as iustice Yelverton did.

statutes of the said kingdome of Scotland, and not by the lawes and statutes of this realme of England; and therefore the defendants demaund indgement, whether the complainant ought to bee auswered to his said bill, or shall be receiued to prosecute the said suite against the defendants, being for, and concerning the title of inheritance, and euidence touching the same. Heereupon the complainant hath demurred in law.

This is the speciall case now depending in the Chancerie; in which, and touching all like cases in generall, mine opinion is, and since the question was first mooued bath beene, that these Post-nati are not Aliens to the king, nor to his kingdome of England, but by their birthright are lege subiects to the king, and capable of estates of inheritance and freehould of landes in England; and may have and maintaine as wel reall as personall actions for the same: and that therefore the now complainant Robert Caluine ought to bee answered.

confirmed by many great and weighty reasons.

I am free and at libertie, nullios addictus ' in verba magistri,' and therefore I will speake ingenuously and freely.—In the arguing of this case, some thinges, which are of great weight with mee, haue, (in mine opinion) beene passed ouer too lightly and some other thinges, which seeme to me but light, haue beene ouerweigh ed, as I thinke.—Halfe an howers time longer or shorter I meane not to striue for; and there This opinion I did first conceine vpon those fore I will presume on your patience, and as- rules and reasons in lawe (as well the common sume to myselfe such conuenient time as others law of England, as the Ciuile law) which heerehaue done; and yet I will husband time as well after in the course of my speech I will rememas I can.—I will not be abashed to strengthenber. And in this opinion 1 haue beene since my weake memory with helpe of some scribled papers, as others hauc done: for I accompt it a point of wisedome to followe wise mens examples. Other exordium, insinuation, protestation, or preface for the matter itselfe either to prepare attentiue and beneuolent auditors, or to stirre offence or mislike against either partie, I meane not to vse. It is fit for oratours; I neuer professed the art; I had neuer skili in it: and it is not decorum for iudges that ought to respect the matter, and not the humours of the hearers.-The exordium the ciuilians vse in their sentences I like well; in Dei nomine amen, et Deo primitùs iuuo'cato. Other exordium I care not for.

The case now depending in Chaunce ie, which is adiourned hither, is thus.

Robert Caluine, sonne and heire apparant of James lord Caluine of Colcrosse in the realme of Scotland, an infant of three yeares of age, borne in the saied realme of Scotland, maketh title by his bill to a messuage and garden with th' appurten unces in the parish of St. Buttolph without Bishops-ga'e in the citie of London; and complaineth against Iohn Bingley, and Richard Grittin, for detaining the eu dences concerning the same messuage and lands, and. taking the profits thereof.-The defendants pleade, that the plaintife is an Alien; and that in the third yeere of his maiesties raigne of England, and in the 39th yere of his maiesties raigne of Scotland, hee was borne in the realme of Scotland, within the ligeance of his said maiestie, of his realme of Scotland, and out of the ligeance of our soueraigne lord the king of his realme of England.-And the defendants say further, that at the time of the birth of the complainant, and long before, and ever sithence, the saied kingdome of Scotland was, and still is, ruled and governed by the proper lawes and

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First, in the statute made in the first yeare of his maiesties raigne of England, [16. Mart. 1603.] authorizing the Treatie betweene the commissioners for both the kingdomes, it is said (as iustice Warburton noted well) that both the famous and ancient realmes of England and Scotland are now vnited in allegeauce and loyall subiection in his royall person, to his maiestie, and his posteritic for ener.

Heere wee haue the judgement of the parliament, that there is a vnitie in allegeance to one royall person; and therefore I see not how wee may out of imaginarie conceipts, and by subtile distinctions straine our wittes to frame seuerall allegeances to one and the same royall person, contrary to so plaine a declaration made by parliament.

Next followeth his maiesties Proclamation 20 Octobris 1604, by which hee assumed to himselie the name and stile of king of Great Britaine: in which Proclamation, among many other weighty reasons, this is added for one, we haue receiued from those that be skilful in the lawes of the land, that immediately vpon our succession, diuerse of our auncient lawes of this realme are ipso facto expired; as namely, that of escuage, and of the naturalization of the subjects.' This was not done sodainely, nor lightly; but vpon graue and serious deliberation, and aduise: and therefore scemeth to mee to be a matter of great importaunce, and not to be lightly regarded.

The same 20th of October, these commissioners beganne their Treatie. Of the graue and judicious course which they held, in debating of the matter then propounded, I will forbeare to speake: but for this point of Naturalization now in question, their Resolution in the end was thus:-That it shall be pro

pounded to both the parliaments at the next sessions, that an Act be made containing a Declaration, as followeth: that all the subiects of both the realmes, borne since the decease of Elizabeth the late queen of England of happie memory, and all, that shal be-born hereafter vnder the obedience of his maiestie and his royall progeny, are by the common lawes of both the realmes, and shall be for euer, inhabled to obtaine, succeede, inherite, and possesse all lands, goods, and chattels, &c as fully and amply as the subiects of either realme respectiuely might haue done, or may doe in any sort within the kingdome where they were borne. This, after long debating, and graue and deliberate consideration, was, in the end, the Resolution of the greater part of the commissioners, not one openly gamesaying it. And diuerse of the principali iudges of the realme were present at all times when the point was debated. And herein I note the wise and iudicious forme of that resolution, which was not to propound to the parliament the making of a new lawe, but a declaration of the common lawes of both the realines in this question Now, if we consider who these commissioners were, what lords of the higher house, and what persons of the common house, selected of all degrees, most eminent for their learning and judgement, as well in civile and common law, as in knowledge, and experience other waies, beeing a-sisted by the graue iudges of the realme: if this, I say, be well considered, then this resolution must be accompted and esteemed as a matter of great and weighty importance, and much to be regarded in the decid ng of this question.

| Touching the proclamation, it was discreetly and modestly saled by a learned gentleman of the lower house, that it was of great respect, and much to be regarded; but yet it was not binding, nor concluding: for, proclamations can neither make, nor declare lawes; and besides, that this proclamation was not grounded vpon any resolution of the reuerend judges; but vpon the opinion of some skilfull in the lawes of this land. Of the strength of proclamations, being made by the king, by the aduise of his counsell and judges, I will not discourse; yet I will admonish those that bee learned and studious in the lawes, and by their profession are to giue counsell, and to direct themselves, and others, to take heede that they doe not conterane, or lightly regard such proclamations.—And to induce them thereunto, I desire them to looke vpon, and consider aduisedly these few proclamations, promisions, or ordinaunces, which I will point our vnto them; and of what validitie and force they haue becne holden to bee in construction of lawe, albeit they be neither statutes, nor acts of parliament.

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coram Willileimo Cantuaricusi archiepiscopo, et coepiscopis, suffragancis suis; et coram maiori parte comium et baronum Anglie ibidem existentium pro coronatione ipsius domini regiset Elionoræ reginæ, pro qua omnes vocati fuerunt, cum tractatum esset de communi vtilitate regni super articulis subscriptis,

M. 4 H. 3. in Dower, the defendant pleade 1, quod petens est de potestate regis Franciæ, et residens in Francii; et prouisun est à consilao regis, quod nulius de potestate regis Franciæ respondeatur in Anglia, antequam Angli res'pondeantur de iure sua in Francia.' [Fitzh. dower. 179.] This the plaintifes atturney could not denie; and thereupon the judgement was, ideo sine die.-Anno 20 Hen 3, Certaine prouisions and ordin unces were made which were called Promisiones Morton, where the king assembled his archbishops, bishops, earles, and barons for the coronation of the king, and his - According to this act of the commissioners, wife queene Elenor; and the words be, prouthe case was propounded in the next session ofisum est in curia dom. regis apud Merton parliament. In the higher house, the judges were required to deliuer their opinions. There were then eluen indges present; whereof tenne did with one vniforme consent afirme the law to be, that the Postnati were not aliens, but natural subiects (one onely dissenting.) After this, the question was debated in a solemne conference between both the houses of parlia-ita prouisum fuit et concessum, tam a prædictis ment at seuerall times, and at great length, and with much Ebertie; nothing was omitted that wit or art could inuent to obiect against this opinion; and that was done by men of great learning, and singular iudgment in the common lawe, and ciuile lawe, and by some other gentle-episcopis, comitibus, et baronibus, quod nulla men of the common house, of rare gifts for their learning, knowledge, elocution and experience. -At this conference the judges were present; who, after they had heard all that was, or could be said, did confirme their former opinions, which they had before deliuered in the higher house: three of the chiefe of them declaring their reasons, and all the rest (saning one alone)cester, which are called Explanationes. Statuti concurring in the same. So, here was now a general Resolution by all the judges of the realine (one excepted) and that deliuered, not privately, but in parliament; which without more adoe had beene sufficient to haue decided and determined this question.

archiepiscopis, episcopis, comitibus, et baroni'bus, et alijs. De viduis primò, &c.'

Fitzherbert [Nat. Br. 32.] citeth a provision made anno 19 H. 3. in these words, et pro• uisum fuit coram domino rege, archiepiscopis,

assisa vitimæ, præsentationis de cætero capiatur de ecclesis, præbendatis nec de præbendis.' This prouision was alowed and continued for lawe, vntill W. 2. enno 13 Edw. 1, cap. 5. which provides the contrary by expresse words.

Anno 6 Eo. 1, the king and his judges made certaine explanations of the statute of Glou

Glocestria: and these be the words, Postmo'dum per donunum regem et iusticiarios suos facta sunt quædem explanationes quorundan articulorum superius positorum.' Which explanations haue euer since beene received as a

law.

There is a proclamation by king Ed. 3, bear-will remember. is this, in the parliament 28 ing teste at Westminster anno 15 Ed. 3. And H. 6, 16 Ianuarij, the commons inade suite, judge Thorpes opinion pa. 39 Ed. 3, 7. both that W. de la Poole duke of Suffolke should which I will now forbeare to report, and wish bee committed to prison for many treasons and the students to reade the same in the printed other hainous crimes committed by him. The bookes, where they shall see both the effect, lordes in parliament were in doubt what anand the reason, and the cause thereof; they swer to giue; they demaunded the opinion of are worth their reading, and may informe and the judges. Their opinion was, that hee ought direct them what judgement to make of procla- not to bee committed; and their reason was, mations. for that the commons did not charge him with anie particular offence, but with generall slaunders and reports: and therefore because the specialties were not shewed, hee was not to bee committed. This opinion was allowed; and thereupon 28 Ianuarij, the commons exhibited certaine speciall articles against him, viz. that he conspired with the French king to inuade the realme, &c. And thereupon bee was commit.ed to the Tower.-2. In the parliament anno 31 II. 6, in the vacation (the parliament being continued by prorogation) Thomas Thorpe the Speaker was condemned in a thousand pounds dummages in an action of trespasse, brought against him by the duke of Yorke, and was committed to prison in execu

Touching the opinion of the judges, some haue obiected (yet modestly, and I suppose, according to their conscience and vnderstanding) that there is not like regarde to be had of iudges opinions ginen in parliament, as ought to bee of their judgements in their proper courts and seates of justice: for, in those places their oath bindeth them; but not so in the other.-1. To this I answere: the reuerence, and woorthinesse of the men is such, as is not to bee quarrelled and doubted of, if there were no oathe at all: for, if men of so great and eminent places feare not God and his iudgments, euen out of a religious conscience, which is, frænum ante peccatum, et flagrum post peccatum,' it may be doubted that the externalltion for the same. After, when the parliament ceremonie of adding a booke will little auaile. was re-assembled, the commons made suite to -2. Their oath doth bind them as much in the king and the lords, to haue Thorpe the the court of parliament, as in their proper Speaker deliucred, for the good exploite of the courts: for, that is the supreme court of all: parliament; whereupon the duke of Yorkes and they are called thither by the kings writ, counsell declared the whole case at large. The not to sit as tell-clockes, or idle hearers; but, lords demaunded the opinion of the judges, quòd personalitèr intersitis nobiscum, ac cum whether, in that case, Thorpe ought to bee decæteris de consilio nostro super dictis negotiis liuered out of prison by priuiledge of parlia'tractaturi, vestrumque consilium impensui:' ment. The judges made this aunswere, that and those negotia' be ardua et vrgentia ne- they ought not to determine the priuiledge of 'gotia regni, &c.' And their oath, amongest that high court of parliament; but for the deother thinges, is, that they shall counsell the claration of proceeding in lower courts, in king truely in his businesse.-3. This exception cases where writtes of supersedeas for the priuimay serue against the judges, as well in cases ledge of the parliament be brought vnto them, when they sit and giue indgement, as iustices of they answered, that if any person that is a Assi-es, Nist Prius, Oyer and Terminer, and meinber of the parliament bee arrested in such Gaole Deliuerie, as in this case of parliament: cases as bec not for treason or felonie, or for for, there they have none other oath but their suretie of peace, or condemnation had before generail oath.—4. It becomes vs to esteeme of the parliament, it is vsed that such persons be judges now, as our forefathers esteemed them in released, and may make atturney, so as they times past; for, as they succcede them in time may haue their freedome and libertie, freely to and place (I thanke God, and the king, I have intend the parliament. Herenpon it was con neither cause to fe are any for displeasure, nor cluded, that Thorpe should still remaine in to flatter any for fauour: wherefore I will prison according to the lawe, notwithstanding neither be afraid, nor abashed to speake what the priviledge of parliament, and that hee was I thinke:) I say therefore, that as our iudges the Speaker. Which resolution was declared now succeed the former indges, in time and to the commons by Walter Moyle, one of the place; so they succeede them, and are not in-king's serieants at lawe. And then the comferior to them in wisedome, learning, integritie, and all other iudicious and religious vertues. Then let ys see what the wisedome of parliaments in times past attributed to the judges opinions declared in parliament; of which there bee many examples; but I will trouble you but with two or three.

I will not remember Richard the gd's time (of which some of our chroniclers doe talke idely, and understand little) where power and might of some potent persons oppressed justice, and faithful judges, for expounding the law soundly, and truely.-1. The first, that I

mons were commaunded in the kings name, by the bishop of Lincolne (in the absence of the abp. of Canterbury, then chauncellor) to chuse another Speaker.-3. In the parliament an. 7 H. 8, a question was moued, whether spiritual! persons might bee conuented before teinporall judges for criminall causes. There sir John Fineux and the other iudges deliuered their opinion, that they might and ought to bee so. And their opimon was allowed, and maintained by the king and the lords: and D. Standish, who before had houlden the same opinion, was deliuered from the bishops. And it is worth

not amisse to obserue the proceeding in it: for, it is woorth the obseruing, and not to bee forgotten. The defendants counsell, men of great learning, and in their profession inferiour to none of their qualitie and degree, men conuersant and well exercised in the question, and such as in the great conference in parliament, most of them were specially selected and chosen, for so they wel deserved, as most suthcient, able, and fit, as well for learning and knowledge, as for all other giftes of witte and nature, to handie so great and rare a question. And although it hath pleased them of their good discretion to vse the paines but of a few in the debating and arguing of the case at the barre: yet no doubt that was done vpon mature deliberation and conference with all the residue:; and whatsoeuer the spirites, the learning, the wisdome, and knowledge of all the others, vpon long study, could affoorde, was put into the mouth of those few to serue as organs and instruments to deliuer it vnto vs; which they haue so well and sufficiently performed, that they deserue great praise and commendation: for, in my poore opinion, the witte of man could not deuise to say more touching this question in

the noting, what wordes passed in that case betweene the archbishop of Canterbury and that worthy iudge Fineux.-1. If a writ of er rour bee brought in parliament vpon a judgement given in the King's Bench, the lords of the higher house alone (without the cominons) are to examine the errours; but that is by the aduise and counsell of the judges, who are to informe them what the lawe is, and so to direct them in their judgement. And if the judgement bee reuersed, then commundement is to bee giuen to the lord chanceliour to doe execution accordingly. And so it was in anno 17 R. 2, in a writte of errour brought in parli- | ament by the deane and chapiter of Lichfield, against the prior and conuent of Newport-Panell, as appeareth by the record. But if the judgement bee affirmed, then the court of the King's-bench are to proceed to execution of the judgment, as it appeareth in Flowerdewes case, P. 1. II. 7. fol. 19. But it is to bee noted, that in all such writtes of errour, the lords are to proceede according to the lawe; and for their judgment therein they are informed and guided by the judges, and doe not follow their owne opinions or discretions otherwise. This extrauagant discourse touching procla-lawe than they haue saied. And whatsoeuer mations, and judges opinions deliuered in parliament, and how they ought to bee regarded, I haue thought materiall and necessarie, both in respect of the time wherein wee liue, and the matter which we haue in hand. And these bee thinges which I thinke haue beene too lightly passed ouer. But if you condemne it as impertinent, I must then confesse I have presumed too much vpon your patience; I pray you beare with mee, it is but my labour lost, and a little time mis-spent, if it seem so vnto you; you are wont to pardon greater faultes; call it either a passe-time, or waste-time as pleaseth you. Now, to returne to the case we haue in band.

hath beene sithence spoken for that part, it is for the matter but the same in substance, which the counsell at the barre did deliuer; though it hath beene varied in forme, and amplified with other wordes and phrases, and furnished with shew of some other strained cases and authorities.

The handling of it by the learned and reuerend judges hath beene such, as it may appeare to the world, that euerie one hath spoken his owne heart and conscience; and hath laboured by long studie to search out the lawe and the true reason of the lawe in this rare case; and so they haue spoken, as coram Deo et angelis: none, with desire to seeme popular; for nothing ought to beee tam populare quam veritas; none to seeme to be time-seruers, or menpleasers; for the king (whome vnder God they serue) being pater patriæ, and soueraigne head of both these great vnited kingdomes, is to them both, like as the head of a naturall body is to all the members of the same, and is not, nor cannot bee portall more to one than to another. Hee de ireth in truth, and desireth it; and without truth hee cannot bee pleased. He ruleth by his lawe, and commandeth his judges to minister to all his subjects lawe and justice sincerely, and trucy; and equally and indiffe

The generall question having had this passage (by proclamation, by commission, and by debating in parliament) remaiseth yet without conclusion or judgement: and as cueie man abounds in his owne sence, so euery one is left to his owne opinion; specialy those that were not satisfied with the graue resolution of the judges in parlament, which (although some may tearine and accompt as bare opinions) I must alwayes valew, and esteeme as a reall and absolute judgement. Now, I say, this gencrall question is reduced to two particular cases, and is judicially depending in two the highest courts of iustice in this realme; and that is by onerently, without any parcall respect. complain-int against severall defendants for the freehoulde and inheritance of severall parcels of land; and (as Mr. Solicitor said well) is a case, not fained, nor surm sed, but a true case betweene true parties: and being quæstio iuris, non facti, is by both these courts adiourned hi-gued at large by four teene learned judges; ther to bee decided, and determined by all the judges of England, as the rarenesse of the case, and the weight and importaunce of it, both for the present and the future, doth require. And the case being of this nature and qualitie, it is

It was neuer seene, but that in all rare and dimicult cases, there hrane becne diuersitie of opinions; but yet without breach of charitie, which is the fond of vnitie. So it hath happened in this case. The case hath beene ar

twelue of them haue concurred in iudgement, but vpon seuerall reasons; for, as many wayes may leade to one cud of the journey; so diuerse and seuerall reasons may conduce to one true and certaine conclusion.—And bere I may

not omit the woorthie memorie of the late realme hath many hundred yeares beene gograue and reuerend udge, sir John Popham, uerned in all honour and happinesse: or at chiefe iustice of the King's bench deceased, a least to cast an aspersion vpon it, as though it man of great wisdome, and of singular learning were weake and vncertaine. I will therefore and judgement in the lawe, who was absolutely declare mine opinion in this point plainely and of the same opinion, as he often declared, as confidently, as I thinke in my conscience, and well in open parliament, as otherwise. as I finde to be sufficiently warranted by ancient The apostle Thomas doubted of the resurrec-writers, and good authorities voide of all extion of our Saviour Iesus Christ, when all the ception. rest of the apostles did firmly beleeve it: But that his doubting confirmed, in the whole church, the faith of the resurrection.-The two woorthy and learned judges that haue douted in this case, as they beare his name, so I doubt not but their doubting hath giuen occasion to cleare the doubt in others; and so to confirme in both the kingdomes, both for the present and the future, the truth of the iudgement in this case.

The common law of England is grounded vpon the law of God, and extendes itselfe to the originall lawe of nature, and the vniuersall lawe of nations.-When it respectes the church, it is called Lex Ecclesiæ Anglicana, as Magna Charta, ca. 1. Ecclesia Anglicana habeat omnia sua iura integra et illæsa.'-When it respectes the crowne, and the king, it is sometimes called Lex Coronæ, as in stat. 25 Edw. 3, cap. 1. Lex Corona Angliæ est et semper fuit, Thus my lords, haue you hitherto nothing&c.' And it is sometimes called Lex Regia, from mee but Amen, to that which all the as in Registro fo. 61. Ad iura regia spectat: judges (sauing two) haue saied; and much more and ad conseruationem iurium coranæ nostræ, you cannot expect from mee: yet, since I must et ad iura regia ne depereant, &c.'-When it giue iudgement in this case; and I saied in respectes the common subiects, it is called, the beginning, that I would render the reasons Lex Terræ; as in Magna Charta ca. 29, Nisi of my judgement (for that is the course of argu- per legale iudicium parium, vel per legem ment I must hoolde); I will now deliuer vnto 'terræ.'—Yet, in all these cases, whether it reyou, what are the speciall and principall rea- spectes the church, the crown, or the subiects, it sons that first haue induced mee, and still is comprehended vnder this generall tearme, mooue mee to houlde the opinion that I doe: the common lawes of England: which although and as I goe, I will indeuour to cleere some they bee for a great parte thereof reduced into doubts and questions, that partly in the con-writing; yet they are not originally leges scripta. ference in parliament, and partly otherwise, I haue heard inade; not onely touching this case it selfe, but also touching the forine and manner how it is to be decided and iudged.-The case is rare, and new (as it hath beene often saied); it was neuer decided terminis terminantibus; it was neuer judged by any statute lawe, which is a positiue lawe; nor by iudgement of the judges of the common lawe.

Now, the first question is, as some would haue it, how it is to be judged, and by what Jawe; and haue wished that it might haue stayed vntill the parliament, and so bee decided by parliament. They that make this doubt, I will let them demurre, and die in their doubts: for, the case beeing adiourned hither before all the judges of England, is now to be iudged by them according to the common lawe of England; and not tarrie for a parliament: for, it is no transcendant question, but that the common lawe can and ought to rule it, and ouer-role it, as justice Williams said well.-But then this question produceth another; that is, what is the common lawe of England? whether it be ius scriptum, or non scriptum? and such other like niceties: for, wee haue in this age so many questionists; and quo modo and quare, are so common in most mens mouthes, that they leaue neither religion, nor lawe, nor king, nor counsell, nor policie, nor government out of question.

And the end they haue in this question, what is the common lawe, is to shake and weaken the ground and principles of all gouernment: and in this particular question of the law of England, to overthrow that law whereby this

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This I first learned of the late lord treasurer Burleigh (whose honourable memorie England can neuer forget) and hearing it from him, I indeuored by my priuate studie to satisfie myselfe thorowlie in it. And whosoeuer shall well consider the lawes of England, which were before the Conquest (whereof wee haue some remnants and patches) or since the Conquest vntill Magna Charta, anno 9 H. 3. will make little doubt of it.-In H. 2's time Glanuile writeth thus; 'leges Anglicanas licèt non scriptas, leges appellari non videtur absurdum.'-And in Hen. 3's time Bracton writeth thus: cùm autem ferè in omnibus regionibus vtantur legibus et iure scripto, sola Anglia vsa est in suis finibus, iure ' non scripto et consuetudine; in ea quidein, ex non scripto ius venit quod vsus comprobauit.' But I may not agree with Bracton, that sola Anglia vsa est iure non scripto:' for I find that the grauest, and the greatest learned writers of the Ciuile Lawe, both auncient and of this our time, doe hould the same opinion, touching the Ciuile Lawe itselfe, for thus they write: ex non scripto ius venit quod vsus approbauit.' And thus; ius ciuile dictum ex non scripto natum est.' And, ius non scrip'tum dicitur consuetudo, non quod scripto perpetuò careat, hoc enim falsum est: nam et consuetudines in memoriam constantiorem reducuntur in scripturam, vt cætera quoq. que sine scriptura perficiuntur: sed non scriptum ius est: id est, quòd à scriptura vis eius non coepit nec pendeat.' So, hereby it may appeare how in this wee concurre with the Ciuile Lawe.