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7 CO. REP. 5 b.
CALVIN'S CASE
383

Regi, 9 E. 4. 7. b. 9 E. 4. 6.[1] 2 R. 3. 2. a. in the Book of Entries, Ejectione Firm' 7. 14 H. 6. cap. 2. 22 H. 8. cap. 8., &c. Sometimes he is called a natural liege manthat is born under the power of the King, sub potestate Regis, 4 H. 3. tit. Dower.[2] Vide the statute of 11 E. 3. c. 2. Sometimes ligeance is called faith, fides, ad fidem Regis, &c. Bracton, who wrote in the reign of H. 3. lib. 5. Tractat' de Exception', cap. 24. fol. 427. Est etiam alia exceptio quæ competit ex personâ quærentis, proper defectum nationis, ut si quis alienigena qui fuit ad fidem Regis Franc', &c. And Fleta (which book was made in the reign of E. 1.) agreeth therewith; for l. 6. c. 47. de except' ex omissione participis, it is said, vel decere potuit, quod nihil juris clamare poterit tanquam paraticeps eo quod est ad fidem Regis Franciæ, quia alienigenæ repelli debent in Angl' ab agendo, donec fuerunt ad fidem Reg' Angl'. Vide 25 E. 3. de natis ultra mare, faith and ligeance of the King of England; and Litt. lib. 2. cap. Homage,[3] saving the faith that I owe to our Sovereign Lord the King, and Glanv. l. 9. c. 1. Salva fide debita dom' Regi et hæredibus suis. Sometimes ligeance is [5 b] called ligealty, 22 Ass. pl. 25. By all which it evidently appeareth, that they that are born under the obedience, power, faith, ligealty, or ligeance of the King, are natural subjects, and no aliens. So, as seeing now it doth appear what ligeance is, it followeth in order, that we speak of the several kinds of ligeance. But herein we need to be very wary, for this caveat the law giveth, ubi lex non distinguit nec nos distinguere debemus; and certainly, lex non distinguit, but where omnia membra dividentia are to be found out and proved by the law itself.

2. There is found in the law four kinds of ligeances; the first is, ligeantia naturalis, absoluta, pura, et indefinita, and this originally is due by nature and birth-right, and is called alta ligeantia, and he that oweth this is called subditus natus. The second is called ligeantia acquisita, not by nature but by acquisition or denization, being called a denizen, or rather donaizon, because he is subditus datus. The third is, ligeantia localis, wrought by the law; and that is when an alien that is in amity cometh into England, because as long as he is within England, he is within the King's protection; therefore so long as he is here, he oweth unto the King a local obedience or ligeance, for that the one (as it hath been said) draweth the other. The fourth is a legal obedience, or ligeance which is called legal, because the municipal laws of this realm have prescribed the order and form of it; and this to be done upon oath at the torn of the leet. The first, that is, ligeance natural, &c. appeareth by the said Acts of Parliament, wherein the King is called natural liege lord, and his people natural liege subjects; this also doth appear in the indictments of treason (which of all other things are the most curiously and certainly indicted and penned) for in the indictment of the Lord Dacre, in 26 H. 8. it is said, præd' Dominus Dacre debitum fidei et ligeant' suæ, quod præfato domino Regi naturaliter et de jure impendere debuit, minime curans, &c. And Reginald Pool was indicted in 30 H. 8. for committing treason contra dom' Regem supremum et naturalem dominum suum. And to this end were cited the indictment of Edward Duke of Somerset in 5 E. 6. and many others both of ancient and later times. But in the indictment of treason of John Dethick in 2 and 3 Phil. and Mar. it is said, quod præd' Johannes machinans, &c. prædict' dominum Philippum et dominam Mariam supremos dominos suos, and omitted (naturalis) because King Philip was not his natural liege lord. And of this point more shall be said when we speak of local obedience. The second is ligeant' acquisita, or denization; and this in the books and records of the law appeareth to be three-fold: 1. Absolute, as the common denizations be, to them and their [6 a] heirs, without any limitation or restraint: 2. Limited, as when the King doth grant letters of denization to an alien, and to the heirs males of his body,[4] as it appeareth in 9 E. 4. fol. 7, 8. in Baggot's case: or to an alien for term of his life, as was granted to J. Reynel, 11 H. 6. 3. It may be granted upon condition,[5] for cujus est dare, ejus est disponere, whereof I have seen divers precedents.[6]

  1. ↑ Br. Deniz. 8.
  2. ↑ 4 Hen. 3. Fitz. Dow. 179. Ellesmere's Postnati 13, 14. Jenk. Cent. 3.
  3. ↑ Lit. sect. 85.
  4. ↑ 9 E. 4. 8.
  5. ↑ Co. Lit. 129 a. 274 b.
  6. ↑ 2 Co. 7 b. 4 Inst. 192. 2 Siderf. 73. Hard. 412. Lit. Rep. 128. 1 And. 115. Salk. 411, 412. 4 Mod. 215. 222. Vaugh. 405. Dav. 36.
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