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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A69269 The speech of the Lord Chancellor of England, in the Eschequer Chamber, touching the post-nati Egerton, Thomas, Sir, 1540?-1617. 1609 (1609) STC 7540.5; ESTC S100270 40,281 132

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therefore I will presume on your patience and assume to my selfe such conuenient time as others haue done And yet I will husband time as well as I can I will not be abashed to strengthen my weake memory with helpe of some scribled papers as others haue done for I accompt it a point of wisedome to followe wise mens Examples Other Exordium Insinuation Protestation or Preface for the Matter it selfe either to prepare attentiue and beneuolent auditors or to stirre offence or mislike against either partie I meane not to vse it is fit for Oratours I neuer professed the Art I had neuer skill in it And it is not Decorum for Iudges that ought to respect the Matter and not the humours of the Hearers The Exordium the Ciuilians vse in their Sentences I like well In Dei nomine Amen Deo primitùs inuocato other Exordium I care not for The Case now depending in Chauncerie which is adiourned hither is thus Robert Caluine sonne and heire apparant of Iames L. Caluine of Colcrosse in the realme of Scotland an Infant of three yeares of age borne in the saied Realme of Scotland maketh title by his Bill to a Messuage and Garden with th'appurtenaunces in the parish of Saint Buttolph without Bishops-gate in the citie of London and complaineth against Iohn Bingley and Richard Griffin for detaining the Euidences concerning the same Messuage and Lands and taking the profits thereof The Defendants pleade that the Plaintife is an Alien and that in the third yeere of his Maiesties raigne of England and in the nine and thirtieth yere of his Maiesties raigne of Scotland hee was borne in the Realme of Scotland within the ligeance of his said Maiestie of his Realme of Scotland and out of the ligeance of our soueraigne Lord the King of his Realme of England And the Defendants say further That at the time of the birth of the Complainant and long before and euer sithence the saied Kingdome of Scotland was and still is ruled and gouerned by the proper Lawes and Statutes of the said Kingdome of Scotland and not by the Lawes and Statutes of this Realme of England And therfore the Defendants demaund iudgement Whether the Complainant ought to bee answered to his said Bill or shall be receiued to prosecute the said suite against the Defendants being for and concerning the title of Inheritance and euidence touching the same Heereupon the Complainant hath demurred in Law This is the speciall Case now depending in the Chancerie in which and touching all like Cases in generall mine opinion is and since the question was first mooued hath beene That these Post-nati are not Aliens to the King nor to his Kingdome of England but by their Birth-right are liege subiects to the King and capable of estates of Inheritance and freehould of Landes in England and may haue and maintaine as wel Reall as Personall actions for the same And that therefore the now Complainant Robert Caluine ought to bee answered This opinion I did first conceiue vpon those rules and reasons in Lawe as well the Common Law of England as the Ciuile law which heereafter in the course of my Speech I will remember And in this opinion I haue beene since confirmed by many great and weighty reasons First in the Statute made in the first yeare of his Maiesties raigne of England authorizing the Treatie betweene the Commissioners for both the Kingdomes it is said as Iustice Warburton noted well That both the famous ancient Realmes of England and Scotland are now vnited in allegeance and loyall subiection in his royall person to his Maiestie and his posteritie for euer Heere wee haue the Iudgement of the Parliament that there is a Vnitie in allegeance to one Royall person And therefore I see not how wee may out of imaginarie conceipts and by subtile distinctions straine our wittes to frame seuerall allegeances to one and the same Royall person contrary to so plaine a declaration made by Parliament Next followeth his Maiesties Proclamation 20. Octobris 1604. by which hee assumed to himselfe the Name and Stile of King of great Britaine In which Proclamation among many other weighty reasons this is added for one We haue receiued from those that be skilful in the Lawes of the Land That immediatly vpon our succession diuerse of our auncient Lawes of this Realme are ipso facto expired as namely that of Escuage and of the naturalization of the Subiects This was not done sodainely nor lightly but vpon graue and serious deliberation and aduise And therefore seemeth to mee to be a matter of great importaunce and not to be lightly regarded The same twentieth of October these Commissioners beganne their Treatie Of the graue and iudicious Course which they held in debating of the Matter then propounded I will forbeare to speake But for this point of Naturalization now in question their resolution in the end was thus That it shall bee propounded to both the Parliaments at the next Sessions that an Act be made containing a declaration as followeth That all the Subiects of both the Realmes borne since the decease of Elizabeth the late Qu. of England of happie memory and all that shal be borne hereafter vnder the obedience of his Maiestie and his royall Progeny are by the common Lawes of both the Realmes and shall be for euer inhabled to obtaine succeede inherite and possesse all Lands Goods and Chattels c. as fully and amply as the Subiects of either Realme respectiuely might haue done or may doe in any sort within the Kingdome where they were borne This after long debating and graue and deliberate consideration was in the end the resolution of the greater part of the Commissioners not one openly gainesaying it And diuerse of the principall Iudges of the Realme were present at all times when the point was debated And herein I note the wise and iudicious forme of that resolution which was not to propound to the Parliament the making of a new Lawe but a declaration of the common Lawes of both the Realmes in this question Now if wee consider who these Commissioners were what Lords of the higher House and what persons of the common House selected of all degrees most eminent for their learning and iudgement as well in Ciuile and Common Law as in knowledge and experience other waies beeing assisted by the graue Iudges of the Realme If this I say be well considered then this Resolution must be accompted and esteemed as a matter of great and weighty importance and much to be regarded in the deciding of this question According to this Act of the Commissioners the Case was propounded in the next Session of Parliament In the higher House the Iudges were required to deliuer their opinions There were then eleauen Iudges present whereof tenne did with one vniforme consent affirme the Lawe to be That the Post-nati were not Aliens but naturall Subiects one onely dissenting After this the