Page:The English Reports v77 1907.pdf/399

Lord Barkley, 238, and in the case of The Duchy 213. 6 E. 3. 291. and 26 Ass pl. 54. Now, seeing the King hath but one person, and several capacities, and one politic capacity for the realm of England, and another for the realm of Scotland, it is necessary to be considered, to which capacity ligeance is due. And it was resolved, that it was due to the natural person of the King (which is ever accompanied with the politic capacity, and the politic capacity as it were appropriated to the natural capacity), and it is not due to the politic capacity only, that is, to his Crown or kingdom distinct from his natural capacity, and that for divers reasons. First, every subject (as it hath been affirmed by those that argued against the plaintiff) is presumed by law to be sworn to the King, which is to his natural person, and likewise the King is sworn to his subjects, (as it appeareth in Bracton, lib. 3. de Actionibus, cap. 9. fol. 107) which oath he taketh in his natural [10 b] person: for the politic capacity is invisible and immortal; nay, the politic body hath no soul, for it is framed by the policy of man. 2. In all indictments of treason, when any do intend or compass mortem et destructionem domini Regis (which must needs be understood of his natural body, for his politic body is immortal, and not subject to death,) the indictment concludeth, contra ligeantiæ suæ debitum;^[1] ergo, the ligeance is due to the natural body. Vide Fit. Justice of Peace 53, and Pl. Com. 384. in The Earl of Leicester's case. 3. It is true, that the King in genere dieth not; but, no question, in individuo he dieth: as for example, H. 8. E. 6. &c. and Queen Eliz. died, otherwise you should have many Kings at once. In 2 and 3 Ph. and Mar. Dyer 228.^[2] one Constable dispersed divers bills in the streets in the night, in which it was written, that King E. 6. was alive, and in France, &c.: and in Coleman-street in London, he pointed to a young man, and said, that he was King Edward the Sixth. And this being spoken de individuo (and accompanied with other circumstances) was resolved to be high treason; for the which Constable was attainted and executed. 4. A body politic^[3] (being invisible) can as a body politic neither make or take homage: vide 33 H. 8. tit. Fealty, Brook 15. 5. In fide, in faith or ligeance nothing ought to be feigned, but ought to be ex fide non ficta. 6. The King holdeth the kingdom of England by birthright inherent, by descent from the blood Royal, whereupon succession doth attend; and therefore it is usually said, to the King, his heirs, and successors, wherein heirs is first named, and successors is attendant upon heirs. And yet in our ancient books succession and successor are taken for hereditance and heirs. Bract. lib. 2. de Acquirendo Rerum Dominio c. 29. Et sciend' est quod hæreditas est successio in universum jus quod defunctus antecessor habuit, ex causâ quacunque acquisitionis vel successionis, et alibi affinitatis jure nulla successio permittitur. But the title is by descent; by Queen Elizabeth's death the Crown and kingdom of England descended to His Majesty, and he was fully and absolutely thereby King, without any essential ceremony or act to be done ex post facto: for coronation is but a Royal ornament and solemnization of the Royal descent, but no part of the title. In the first year of His Majesty's reign, before His Majesty's coronation, Watson and Clerke,^[4] seminary priests, and others, were of opinion, that His Majesty was no complete and absolute King before his coronation, but that coronation did add a confirmation and perfection to the descent; and therefore (observe their damnable and damned consequent) that they by [11 a] strength and power might before his coronation take him and his Royal issue into their possession, keep him prisoner in the Tower, remove such counsellors and great officers as pleased them, and constitute others in their places, &c. And that these and other (acts) of like nature could not be treason against His Majesty, before he were a crowned King. But it was clearly resolved by all the Judges of England, that presently by the descent His Majesty was completely and absolutely King, without any essential ceremony or act to be done e post facto, and that coronation was but a Royal ornament,^[5] and outward solemnization of the descent.