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386
CALVIN'S CASE
7 CO. REP. 8 a.

for the greater illustration of the matter, the point was handled by itself, and that ligeance of the subject was of as great an extent and latitude, as the Royal power and protection of the King, et è converso. It appeareth by the stat. of 11 H. 7. cap. 1. and 2 E. 6. cap. 2. that the subjects of England are bound by their ligeance to go with the King, &c. in his wars, as well within the realm, &c. as without. And therefore we daily see, that when either Ireland, or any other of His Majesty's dominions, be infested with invasion or insurrection, the King of England sendeth his subjects out of England, and his subjects out of Scotland, also into Ireland, for the withstanding or suppressing of the same, to the end his rebels may feel the swords of either nation. And so may his subjects of Guernsey, Jersey, Isle of Man, &c. be commanded to make their swords good against either rebel or enemy, as occasion shall be offered; whereas if natural ligeance of the subjects of England should be local, that is, confined within the realm of England or Scotland, &c. then were not they bound to go out of the continent of the realm of England or Scotland, &c. And the opinion of Thirninge in 7 H. 4. tit. Protect' 100. is thus to be understood, that an English subject is not compellable to go out of the realm without wages, according to the statutes of 1 E. 3. c. 7. 18 E. 3. c. 8. 18 H. 6. c. 19, &c. 7 H. 7. c. 1. 3 H. 8. c. 5, &c. In ann. 25 E. 1. Bigot Earl of Norfolk and Suffolk, and Earl Marshal of England, and Bohun Earl of Hereford and High Constable of England, did exhibit a petition to the King in French (which I have seen anciently recorded) on [8 a] the behalf of the commons of England, concerning how and in what sort they were to be employed in His Majesty's wars out of the realm of England; and the record saith that, post multas et varias altercationes, it was resolved, they ought to go but in such manner and form as after was declared by the said statutes, which seem to be but declarative of the common law. And this doth plentifully and manifestly appear in our books, being truly and rightly understood. In 3 H. 6. tit. Protection 2. one had the benefit of a protection, for that he was sent into the King's wars in comitiva of the protector; and it appeareth by the record, and by the chronicles also, that this employment was into France; the greatest part thereof then being under the King's actual obedience, so as the subjects of England were employed into France for the defence and safety thereof in which case it was observed, that seeing the protector, who was a prorex, went, the same was adjudged a voyage Royal, 8 H. 6. fol. 16. b. the Lord Talbot went with a company of Englishmen into France, then also being for the greatest part under the actual obedience of the King, who had the benefit of their protections allowed unto them. And here were observed the words of the writ in the Register, fol. 88. where it appeareth, that men were employed in the King's wars out of the realm per præceptum nostrum, and the usual words of the writ of protection be in obsequio nostro. 32 H. 6. fol. 4. a. it appeareth, that Englishmen were pressed into Guyienne, 44 E. 3. 12. a.[1] into Gascoyne with the Duke of Lancaster, 17 H. 6. tit. Protection,[2] into Gascoyne with the Earl of Huntington, steward of Guienne, 11 and 12 H. 4. 7.[3] into Ireland, and out of this realm with the Duke of Gloucester and the Lord Knolles[4]: vide 19 H. 6. 35. b.[5] And it appeareth in 19 Ed. 2. tit. Avowry 224. 26 Ass. 66. 7 H. 4. 19, &c. that there was forinsecum servitium foreign service, which Bracton, fol. 36. calleth regale servitium; and in Fitz. N. B. 28. that the King may send men to serve him in his wars beyond the sea. But thus much (if it be not in so plain a case too much) shall suffice for this point for the King's power, to command the service of his subjects in his wars out of the realm, whereupon it was concluded, that the ligeance of a natural-born subject was not local, and confined only to England. Now let us see what the law saith in time of peace, concerning the King's protection and power of command, as well without the realm, as within, that his subjects in all places may be protected from violence, and that justice may equally be administered to all his subjects.

[8 b] In the Register, fol. 25 b.

Rex universis et singulis admirall', castellan', custodibus

  1. ↑ Fitz. Protect. 13.
  2. ↑ Fitz. Protect. 35. Br. Protect. 24.
  3. ↑ Fitz. Protect. 56.
  4. ↑ Fitz. Protect. 24. Co. Lit. 130. b. Br. Protect. 34.
  5. ↑ Fitz. Protect. 8. Br. Protect. 49.
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