Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	earl_n	king_n	lancaster_n	4,569	5	11.5733	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A71317	Three speeches of the Right Honorable, Sir Francis Bacon Knight, then his Majesties Sollicitor Generall, after Lord Verulam, Viscount Saint Alban. Concerning the post-nati naturalization of the Scotch in England union of the lawes of the kingdomes of England and Scotland. Published by the authors copy, and licensed by authority.	Bacon, Francis, 1561-1626.	1641 (1641)	Wing B337; ESTC R17387	32,700	73

they be of English Parents continuing at that time as liege Subjects to the King and having done no act to forfeit the benefit of their allegeance are ipso facto naturalized Nay if a man looke narrowly into the Law in this point he shall find a consequence that may seeme at the first strange but yet cannot well be avoided which is that it divers Families of English-men and women plant themselves at Middleborough or at Roane or at Lysoone and have issues and their deseendents doe intermarry amongst themselves without any intermixture of forraine blood such descendents are naturalized to all generations for every generation is still of liege Parents and therefore naturalized So as you may have whole tribes and lineages of English in forraine Countries And therefore it is utterly untrue that the Law of England cannot operate of conferre naturalization but onely within the bounds of the Dominions of England To come now to their inferences upon Statutes The firstis out of this Statute which J last recyted In which Statute it is said that in foure severall places there are words borne within the allegeance of England or againe borne without the allegeance of England which say they applies the allegeance to the Kingdome and not to the person of the King To this the answer is easie for there is not trope of speech more familiar then to use the place of addition for the person So we say commonly the lyne of Yorke or the lyne of Lancaster for the lynes of the Duke of Yorke or the Duke of Lancaster So we say the possessions of Sommerset or Warmick intending the possessions of the Dukes of Sommerset or Earles of Warmick So we seeEarles signe Salisbury Northampton for the Earles of Salisbury or Northampton And in the very same manner the Statute speakes allegeance of England for allegeance of the King of England Nay more if there had been no variety in the penning of that Statute this collect on had had a little more force for those words might have beene thought to have been used of purpose and in propriety but you may find in three other severall places of the same Statute Allegeange and obeysance of the King of England and specially in the materiall and concluding place that is to say children whose Parents were at the time of their birth at the faith and obeysance of the King of England so that is manifest by this indifferent and indifferent use of both Phrases the one proper the other unproper that no man can ground any inferēce upon these words without danger of cavillation The second Statute out of which they inferre is a Statute made in 32. of H. 8. ca. touching the policy of strangers trades men within this Realme For the Parliament finding that they did eate the Englishmen out of trade and that they entertained no Apprentizes but of their o vne Nation did prohibite that they should receive any Apprentize but the Kings Subjects In which Statute is said that in 9. severall places there is to be found this context of words Aliens 〈◊〉 〈◊〉 of the Kings obedience which is pregnant say they and doth imply that there bee Aliens borne within the Kings obedience Touching this inference I have heard it said Q●i haeret in litera baeret in cortice but this is not worthy the name of Cortex it is but muscus 〈◊〉 the mosse of the barke For it is evident that the Statute meant to speake clearely and without equivocation and to a common understanding Now then there are aliens in common reputation aliens in precise construction ofLaw The Statute then meaning not to comprehend Irish-men or Ge●sie-men or Calize-men for explanation sake left the word alien might be extended to them in a vulgar acceptance added those further words borne out of the Kings obedience Nay what if we should say that those words according to the received Lawes of Speech are no words of difference or limitation but of declaration or description of an alien as if it had beene said with a videlicet aliens that is such as are borne out of the Kings obedience they cannot put us from that construction But sure I am if the barke make for them the pyth makes for us for the Priviledge or liberty which the Statute meanes to deny to Aliens of entertaining Apprentizes is denyed to none borne within the Kings obedience call them Aliens or what you will And therefore by their reason a post-Natus of Scotland shall by that Statute keepe what stranger Apprentizes he will and so is put in the degree of an English The third Statute out of which inference is made is the Statute of 14. E. 3. ca. solo which hath been said to be our very case and I am of that opinion too but directly the other way therefore to open the scope and purpose of that Statute After that the title to the Crowne of France was devolute to K. E. 3. that he had changed his Stile changed his Armes changed his Seale as his Majestie hath done the Subject of England saith the Statute conceived a feare that the Realme of England might become subject to the Realme of France or to the K. as K. of France And I will give you the reasons of the double feare that it should become subject to the Realme of France they had this reason of feare Normandy had conquered England Normandy was feudall of France therefore because the superiour Seignery of France was now united in right with the Tenancy of Normandy and that England in regard of the conquest might be taken as a perquisite to Normandy they had propable reason to feare that the Kingdome of England might be drawne to be subject to the Realme of France The other feare that England might become subject to the K. as K. of France grew no doubt of this fore-sight that the Kings of England might be like to make their mansion and seate of their estate in France in regard of the Climate wealth and glory of that Kingdome and thereby the Kingdome of England might be governed by the Kings mandates and precepts issuing as from the King of France But they will say what soever the occasion was here you have the difference authorised of subjection to a K. generally and subjection to a King as K. of a certaine Kingdome but to this I give an answer three-fold First it preffeth not the question for doth any man say that a Post-natus of Scotland is naturalized in England because he is a subject of the King as K. of England No but generally because he is the K. Subject Secondly the scope of this Law is to make a distinction between Crown and Crown But the scope of their argument is to make a difference betweene Crowne and person Lastly this Statute as I said is our very case retorted against them for this is a direct Statute of separation which presupposeth that the Common Law had made an union of the Crownes

Petitionis or Ius Honorum For though a man had voyce yet he was not capable of honour and office But these be the devises commonly of popular or free estates which are jealous whom they take into their number and are unfit for Monarchies But by the Law of England the subject that is naturall borne hath a capacity or ability to all benefits whatsoever I say capacity or ability But to reduce Potentiam in actum is another case For an Earle of Ireland though he be naturalized in England yet hath so voyce in Parliament of England except he have either a call by Writ or a creation by Patent but he is capable of either But upon this quadripartite division of the ability of persons I doe observe to your Lordships three things being all effectually pertinent to the question in hand The first is that if any man conceive that the reasons for the Post-nati might serve as well for the Ante-nati He may by the distribution which wee have made plainly perceive his error For the Law looketh not back and therefore cannot by any matter ex post facto after birth after the state of the birth wherein no doubt the Law hath a grave and profound reason which is this in few words Nemo subito fingitur aliud est nasci aliud fieri Wee indeed more respect and affect thse worthy Gentlemen of Scotland whose merits and conversations we know but the Law that proceeds upon generall reason and looks upon no mens faces affecteth and priviledgeth those which drew their first breath under the obeisance of the King of England The second point is that by the former distribution it appeareth that there be but two conditions by birth either Alien or naturall borne nam tertium penitus ignor amus It is manifest then that if the Post nati of Scotland be not naturall borne they are alien born and in no better degree at all than Flemmings French Italians Spanish Germans and others which are all at this time Alien friends by reason his Majesty is in peace with all the World The third point seemeth to mee very worthy the consideration which is that in all the distribution of persons and the degrees of abilities or capacities the Kings Act is all in all without any manner of respect to Law or Parliament For it is the King that makes an Alien enemy by proclaiming a war wherewith the Law or Parliament intermeddles not So the King only grants Safe-conducts wherewith Law and Parliament intermeddle not It is the King likewise that maketh an Alien friend by concluding a peace wherewith Law and Parliament intermeddle not It is the King that makes a Denizon by his Charter absolutely of his prerogative and power wherewith Law and Parliament intermedle not And therefore it is strongly to be inferred that as all these degrees depend wholly upon the Kings act and no wayes upon Law or Parliament So the fourth although it cannot by the Kings Patent but by operation of Law yet that the law in that operation respecteth onely the Kings person without respect of subjection to Law or Parliament And thus much by way of explanation and inducement which being all matter in effect confessed i● the strongest ground-worke to that which is contradicted or controverted There followeth the confutation of the Arguments on the contrary side That which hath beene materially objected may be reduced to foure heads The first is that the priviledge of Naturalization followeth Allegeance and that allegeance followeth the Kingdome The second is drawne from that common ground Cum duo jura concarrunt in una persona aquum est ac si essent in duobus a rule the words whereof are taken from the Civill Law but the matter of it is received in all lawes being a very line or rule of reason to avoyd confusion The third consisteth of certaine inconveniencies conceived to ensue of this generall naturalization ipso jure The fourth is not properly an objection but a preoccupation of an objection or proofe on our part by a distinction devised betweene Countries devolute by descent and acquired by Conquest For the first it is not properly to observe that those which maintaine this new opinion whereof there is altum Silentium in our bookes of Law are not well agree in what forme to utter and expresse that for some said that allegeance hath respect to the Law some to the Crowne some to the Kingdome some to the body politique of the King so there is confusion of tongues amongst them as it commonly commeth to passe in opinions that have their foundations in subtilty and imagination of mans wit and not in the ground of nature But to leave their words and to come to their proofes they endeavour to prove this conceipt by three manner of proofes First by reason then by certaine inferences out of Statutes and lastly by certaine booke-cases mentioning and reciting the formes of pleadings The reason they bring is this That Naturalization is an operation of the Law of England and so indeed it is that may bee the true genus of it Then they adde that granted that the Law of England is of force onely within the Kingdome and Dominions of England and cannot operate but where it is in force But the Law is not in force in Scotland therefore that cannot endure this benefit of Naturalization by a birth in Scotland This reason is plausible and sensible but extreamely erronious For the Law of England for matters of benefit or forfeitures in England operateth over the World And because it is truely said that Respublica continetur poena praemio I will put a case or two of either It is plaine that if a Subject of England had conspired the death of the King in forraine parts it was by the Common Law of England treason How prove I that By the Statute of 35. of H. 8. ca. 2. wherein you shall find no words at all of making any new case of treason which was not treason before but onely of ordaining a forme of triall Ergo it was treason before And if so then the Law of England workes in forraine parts So of contempts if the King send his Privy Seale to any Subject beyond the Seas commanding him to returne and hee disobey no man will doubt but there is a contempt and yet the fact enduring the contempt was committed in forraine parts Therefore the Law of England doth extend to Acts or matters done in forraine parts So of reward Priviledge or benefit wee need seeke no other instance then the instance in question for I will put you a case that no man shall deny where the Law of England doth worke and conferre the benefit of Naturalization upon a birth neither within the Dominions of the Kingdome nor King of England By the Statute of 25. E. 3. which if you will beleeve Hussey is but a Declaration of the Common Law all children borne in any parts of the World if