Page:The English Reports v77 1907.pdf/390

tinct laws). 4. Alienigena (which is the conclusion of all, viz. that Robert Calvin is alienigena).

1. Ligeantia. By the first it appeareth, that the defendants do make two ligeances, one of England, and another of Scotland; and from these several ligeances two arguments were framed, which briefly may be concluded thus: Whosoever is born infra ligeantiam, within the ligeance of King James of his kingdom of Scotland, is alienigena, an alien born, as to the kingdom of England: but Robert Calvin was born at Edinburgh, within the ligeance of the King of his kingdom of Scotland; therefore Robert Calvin is alienigena, an alien born, as to the kingdom of England. 2. Whosoever is born extra ligeantiam, out of the ligeance of King James of his kingdom of England, is an alien as to the kingdom of England: but the plaintiff was born out of the ligeance of the King of his kingdom of England; therefore the plaintiff is an alien, &c. Both these arguments are drawn from the very words of the plea, viz. quod præd' Robertus est alienigena, natus 5 Nov. anno regni domini Regis nunc Angl' &c. tertio apud Edenburgh infra regnum Scot' ac infra ligeantium dicti domini Regis dicti regni sui Scot', ac extra ligeantiam dicti domini Regis regni sui Angl'.

2. Regna. From the several kingdoms, viz. regnum Angl' and regnum Scot' three arguments were drawn. 1. Quando duo juro^[1] (imo duo regna) concurrunt in una persona, quum est ac si essent in diversis: but in the King's person there concur two distinct and several kingdoms; therefore it is all one as if they were in divers persons, [3 a] and consequently the plaintiff is an alien, as all the antenati are, for that they were born under the ligeance of another King. 2. Whatsoever is due to the King's several politic capacities of the several kingdoms is several and divided: but ligeance of each nation is due to the King's several politic capacities of the several kingdoms; ergo, the ligeance of each nation is several and divided, and consequently the plaintiff is an alien, for that they that are born under several ligeances are aliens one to another. 3. Where the King hath several kingdoms by several titles and descents, there also are the ligeances several: but the King bath these two kingdoms by several titles and descents; therefore the ligeances are several. These three arguments are collected also from the words of the plea before remembered.

3. Leges. From the several and distinct laws of either kingdom, they did reason thus: 1. Every subject that is born out of the extent and reach of the laws of England, cannot by judgment of those laws be a natural subject to the King, in respect of his kingdom of England: but the plaintiff was born at Edinburgh, out of the extent and reach of the laws of England; therefore the plaintiff by the judgment of the laws of England cannot be a natural subject to the King, as of his kingdom of England. 2. That subject, that is not at the time and in the place of his birth inheritable to the laws of England, cannot be inheritable or partaker of the benefits and privileges given by the laws of England: but the plaintiff at the time, and in the place of his birth was not inheritable to the laws of England, (but only to the laws of Scotland;) therefore he is not inheritable or to be partaker of the benefits or privileges of the laws of England. 3. Whatsoever appeareth to be out of the jurisdiction of the laws of England, cannot be tried by the same laws: but the plaintiff's birth at Edinburgh is out of the jurisdiction of the laws of England; therefore the same cannot be tried by the laws of England. Which three arguments were drawn from these words of the plea, viz. Quodque tempore nativitatis præd' Roberti Calvin, ac diu antea, et continuè postea, præed' regnum Scot' per jura, leges, et statuta ejusdem regni propria, et non per jura, leges, seu statuta hujus regni Angl' regulat et gubernat' fuit, et adhuc est.

4. Alienigena. From this word alienigena they argued thus: every subject that is alien' gentis (i.e.) alien' ligeant', est alienigena: but such a one is the plaintiff; therefore, &c. And to these nine arguments all that was spoken learnedly and at large by those that argued against the plaintiff may be reduced.

[3 b] But it was resolved by the Lord Chancellor and twelve Judges, viz. the two Chief Justices, the Chief Baron, Justice Fenner, Warberton, Yelverton, Daniel, Williams, Baron Snigge, Baron Altham, Justice Crooke, and Baron Heron, that the