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because that the ligeance of the subject is only due unto the King. This oath of ligeance appeareth in Britton, who wrote in anno 5 E. 1. cap. 29. (and is yet commonly in use to this day in every leet) and in our books; the effect whereof is:

You shall swear, that from this day forward, you shall be true and faithful to our Sovereign Lord King James and his heirs, and truth and faith shall bear of life and member and terrene honour, and you shall neither know nor hear of any ill or damage intended unto him that you shall not defend. So help you Almighty God.

The substance and effect hereof is, as hath been said, due by the law of nature, ex institutione naturæ, as hereafter shall appear: the form and addition of the oath is, ex provisione hominis. In this oath of ligeance five things were observed. 1. That for the time it is indefinite, and without limit, "from this day forward." Secondly, two excellent qualities are required, that is, to be "true and faithful." 3. To whom, "to our Sovereign Lord the King and his heirs:" (and albeit Britton doth say, to the K. of Eng. that is spoken proper excellentiam, to design the person, and not [7 a] to confine the ligeance; for a subject doth not swear his ligeance to the King, only as King of England, and not to him as King of Scotland, or of Ireland, &c. but generally to the King). 4. In what manner; "and faith and troth shall bear, &c. of life and member," that is, until the letting out of the last drop of our dearest heart's blood. 5. Where and in what places ought these things to be done, in all places whatsoever, for, "you shall neither know nor hear of any ill or damage, &c." that you shall not defend, &c. so as natural ligeance is not circumscribed within any place. It is holden 12 H. 7. 18. b. that he that is sworn in the leet, is sworn to the King for his ligeance, that is, to be true and faithful to the King; and if he be once sworn for his ligeance, be shall not be sworn again during his life. And all letters patent of denization be, that the patentee shall behave himself tanquam verus et fidelis ligeus domini Regis. And this oath of ligeance at the torn and leet was first instituted by King Arthur; for so I read, Inter leges Sancti Edwardi Regis ante conquestum 3 cap. 35. Et quod omnes principes et comites, proceres, milites et liberi homines debent jurare, &c. in Folkemote, et similiter omnes proceres regni, et milites et liberi homines universi totius regni Britann' facere debent in pleno Folkemote fidelitatem domino Regi, &c. Hanc legem invenit Arthurus qui quondam fuit inclytissimus Rex Britonum, &c. hujus legis authoritate expulit Arthurus Rex Saracenos et inimicos a regno, &c. et hujus legis authoritate Etheldredus Rex uno et eodem die per universum regnum Danos occidit. Vide Lambert inter leges Regis Edwardi, &c. fol. 135 et 136.^{[N 1]} By this it appeareth, when and from whom this legal ligeance had his first institution within this realm. Ligeantia, in the case in question, is meant and intended of the first kind of ligeance, that is, of ligeance natural, absolute, &c. due by nature and birth-right. But if the plaintiff's father be made a denizen, and purchase lands in England to him and his heirs, and die seised, this land shall never descend to the plaintiff, for that the King by his letters patent may make a denizen, but cannot naturalize him to all purposes, as an Act of Parliament may do; neither can letters patent make any inheritable in this case, that by the common law cannot inherit. And herewith agreeth 36 H. 6. tit. Denizen Br. 9.

Homage in our book is two-fold, that is to say, homagium ligeum; and that is as much as ligeance, of which Bracton speaketh, l. 2. c. 35. f. 79. Soli Regi debet' sine dominio seu servitio, [7 b] and there is homagium feodale, which hath his original by tenure. In Fitz. Nat. Brev. 269. there is a writ for respiting of this later homage which is due ratione feodi sive tenuræ: sciatis quod respectuamus homagium nobis de terr' et tenementis quæ tenenter de nobis in capite debit'. But homagium ligeum, i.e. ligeantia, is inherent and inseparable, and cannot be respited.

3. Now are we come to (and almost past) the consideration of this circumstance, where natural ligeance should be due: for by that which hath been said, it appeareth, that ligeance, and faith and truth which are her members and parts, are qualities of the mind and soul of man, and cannot be circumscribed within the predicament of ubi, for that were to confound predicaments, and to go about to drive (an absurd and impossible thing) the predicament of quality into the predicament of ubi. Non respondetur ad hanc quæstionem, ubi est? to say, Verus et fidelis subditus est; sed ad hanc quæstionem, qualis est? Recte et apte respondetur, verus et fidelis ligeus, &c. est. But yet

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