Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	france_n	king_n	normandy_n	7,734	5	11.5949	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

into Parliament by the Commons That Infants borne beyond the Seas in the Seignories of Callice and elsewhere within the lands and Seignories that pertain to our Soveraign Lord the King beyond the Seas bee as able and inheritable of their heritage in England as other Infants borne within the Realme of England it is accorded that the Common-law and the Statute formerly made be holden Upon this Act J inferre thus much first that such as the Petition mentioneth were naturalized the practice shewes Then if so it must be either by Common-law or Statute for so the words report not by Statute for there is no other statute but 25. of E. 3. and that extends to the case of birth out of the Kings obedience where the Parents are English Ergo it was by the Common-law for that onely remaines And so by the Declarations of this statute at the Common-law All Infants borne within the Lands and Seignories for I give you the very words againe that pertaine to our Soveraigne Lord the King it is not said as are the Dominions of England are as able and inheritable of their heritage in England as other Infants borne within the Realme of England what can be more plaine And so I leave Statutes and goe to Presidents for though the one doe bind more yet the other sometimes doth satisfie more For presidents in the producing using of that kind of proofe of all others it behoveth them to be faithfully vouched for the suppressing or keeping back of a circumstance may change the case and therefore J am determined to urge only such presidents as are without all colour or scruple of exception or objection even of those objections which I have to my thinking fully answered confuted This is now by the Providence of God the fourth time that the line and Kings of England have had Dominions Seignories united unto them as Patrimonies and by descent of bloud foure unions I say there have bin inclusive with this last The first was of Normandy in the person of William commonly called the Conqueror The 2d was of Gascoyne and Guienne and Anjou in the person of K. Hen. the 2d in his person I say though by severall titles The 3. was of the Crowne of France in the person of K. Edw. the third And the 4th of the Kingdome of Scotland in his Majesty Of these I will set aside such as by any cavillation can be excepted unto First J will set aside Normādy because it will be said that the difference of countryes accruing by conquest from countryes annexed by descent in matter of Communication of priviledges holdeth both wayes as well of the part of the conquering Kingdome as the conquered And therfore that although Normandy was not conquest of England yet England was a conquest of Normandy and so a communication of priviledges between them Againe set aside France for that it will be said that although the King had a title in bloud and by descent yet that title was executed and recovered by Armes So as it is a mixt title of conquest descent and therefore the President not so cleare There remaines then Gascoyne Anjou and that president likewise I will reduce and abridge to a time to avoid all question For it will bee said of them also that after they were lost and recovered in ore gladii that the antient title of bloud was extinct that the King was in upon his new title by conquest Mr. Walter had found a book case in 13. of H. 6. abridged by Mr. Fitz-Herbert in title of protection placito 56. where a protection was cast ●uia profecturus in Gasconiam with the Earlo of Huntingdon and challenged because it was not a voyage royall the Justices thereupon required the sight of the cōmission which was brought before them purported power to pardon Felouies treason power to coyn money power to conquer them that resist wherby M. Walter finding the word conquest collected that the Kings title at that time was reputed to bee by Conquest wherein I may not omit to give Obiter that Answer which Law and Truth provideth namely that when any King obreyneth by warre a Countrey whereunto he hath right by Birth that hee is ever in upon his Antient Right not upon his purchase by Conquest and the Reason is that there is as well a Judgement and recovery by Warre and Armes as by law and course of Justice for war is a tribunall seat wherein God giveth the judgment the tryall is by battaile or Duell as in the case of tryall of private right and then it followes that whosoever commeth in by eviction comes in his remitter so as there will bee no difference in Countreyes whereof the right commeth by descent whether the possession be obtained peaceably or by war but yet neverthelesse because I will utterly take away all manner of evasion subterfuge I will yet set apart that part of time in and during the which the subjects of Gascoyne Guyenne might bee thought to be subdued by a reconquest And therefore I will not meddle with the Prior of Shellies case though it be an excellent case because it was in that time 27. of E. 3. neither will I meddle with any cases records or presidents in the time of King H. 5. or King H. 6. for the same reason but will hold my selfe to a portion of time from the first uniting of these Provinces in the time of King H. 2. untill the time of K. Iohn At what time those Provinces were lost and from that time againe unto the 17. yeere of the Reigne of K. Edw. 2. at what time the Statute of proerogativa Rogis was made which altered the law in the point in hand That both in these times the Subjects of Gascoyn and Guyenne and Anjou were naturalized for inheritance in England by the lawes of England I shall manifestly prove and the proofe proceeds as to the former time which is our case in a very high degree a minore ad majus and as we say a multo fortiore For if this priviledge of naturalization remained unto them when the Countreyes were lost and became subjects in possession to another King much more did they enjoy it as long as they continued under the Kings subjection Therefore to open the State of this point After these Provinces were through the perturbations of the State in the infortunate time ofK. Iohn lost and severed the principall persons which did adhere unto the French were attainted of Treason and their efcheats here in England taken and seized But the people that could not resist the tempest when their Heads and Leaders were revolted continued inheritable to their possessions in England and reciprocally the people of England inherited and succeeded to their possessions in Gascoyne and were both accounted ad fidem utriusque Regis untill the Statute of Proerogativa Regis wherein the wisdome and justice of the Law

in some degree by vertue of the vnion in the Kings person ● if this statute had 〈◊〉 beene made to stop crosse the course of the common Law in that point as if Scotland now should be suitors to the King that an Act might passe to like effect and upon like feare And therefore if you will make good your distinction in this present case shew us a Statute for that But I hope you can shew no Statute of separation betweene England and Scotland And if any man say that this was a Statute declaratory of the Cōmon Law he doth not marke how that is penned for after a kind of Historicall declaration in the Preamble that England was never subject to France the body of the Act is penned thus The King doth grant and establish which are words meerly introductive novae legis as if the King gave a Charter of Franchise and did invest by a Donative the Subjects of England with a new Priviledge or exemption which by the Cōmon Law they had not To come now to the booke-cases which they put which I will couple together because they receive one joynt answere The first is 42. of E. 3. fo. where the booke saith exception was taken that the plaintife was borne in Scotland at Rosse out of the allegeance of England The next is 22. H. 6. fo. 38. Adrians Case where it is pleaded that a woman was borne at Burgis out of the allegeance of England The third is 13. Eliz. Dyer fo. 300 where the case begins thus Doctor Story qui notorie dignoscituresse subditus regni Angliae In all these three say they that is pleaded that the party is subject of the Kingdome of England and not of the King of England To these bookes I give this answer that they be not the Pleas at large but the words of the Reporter who speakes compendiously and narrative and not according to the solemne words of the pleading If you find a case put that it is pleaded a man was seized in Fee simple you will not inferre upon that that the words of the pleading were in fe●do simplici but sibi haeredibus suis But shew mee some president of a pleading at large of Natus sub legeantia Regni Angliae for whereas Mr. VValter said that pleadings are variable in this point he would faine bring it to that but there is no such matter For the pleadings are constant and uniforme in this point they may vary in the word fides or legeantia or obedientia and some other circumstances but in the forme of Regni and Regis they vary not neither can there as J am perswaded be any one instance shewed forth to the contrary See 9. Eliz. 4. Baggots Assize f. 7. where the pleading at large is entred in the booke There you have alienigena natus extra legeantiam domini Regis Angliae See the presidents in the Booke of Entries Pl. 7. and two other places for there be no more and there you shall find still sub legeantia domini Regis or extra legeantiā Domini Regis And therefore the formes of pleading which are things so reverend and are indeed towards the Reasons of the Law as Palma and Pugnus conteyning the Reason of the Law opened or unfolded or displayed they makeall for us And for the very words of Reporters in bookes you must acknowledge and say Ilicet obruimur numera for you have 22 Ass. Pl. 25. 27. 〈◊〉 the Pryor of Ske●●es case Pl. 48. 14. H. 4. f. 19. 3. H. 6. f. 35. 6. H. 8. in my Lord Dyer fol. 2. In all these bookes the very words of the Reporters have the allegeance of the King and not the allegeance of England And the booke in the 24. of Eltz. 3. which is your best booke although while it is tossed at the Bar you have sometimes the word allegeance of England yet when it comes to Thorpe chiefe Iustice to give the rule he faith we will be certified by the Role whether Scotland be within the allegeance of the King Nay that further forme of pleading beateth downe your opinion That it sufficeth not to say that he is borne out of the allegeance of the King and stay there but he must shew in the affirmative under the allegeance of what King or state he was borne The Reason whereof cannot be because it may appeare whether he be a friend or an enemy for that in a reall action is all one not it cannot be because issue shal be taken thereupon for the issue must arise on the other side upon indigena pleaded and traversed And therefore it can have no other reason but to apprise the court more certainly that the countrey of the birth is none of those that are subject to the King As for the tryall that it should be impossible to de tryed I hold it not worth the answering for the ovenire facias shall goe either where the naturall birth is laid although it be but by fiction or if it be laid according to the truth it shal be tryed where the action is brought otherwise you fall upon a maine Rock that breaketh your Argument in pieces for how should the birth of an Irish-man be tryed or of 2 Gersie man Nay how should the birth of a subject be tryed that is borne of English Parents in Spain or Florence or any part of the world for to all these the like objection of tryall may be made because they are within no Counties and this receives no answer And therefore I will now passe on to the second maine Argument It is a rule of the Civill Law say they cum duo jura c. when two rights doe meete in one person there is no confusion of them but they remain still in eye of law distinct as if they were in severall persons and they bring examples of one man Bishop of two Seas or one person that is Rector of two Churches They say this unity in the Bishop or the Rector doth not create any privity between the Parishioners or Dioceseners more then if there were severall Bishops or severall Parsons This rule I allow as was said to be a Rule not of the Civill Law onely but of common reason but receiveth no forced or coyned but a true and sound distinction or limitation which is that it evermore faileth and deceiveth in cases where there is any vigor or operation of the naturall person for generally in coporations the naturall body is but suffulcimentum corporis corporati it is but as a stock to uphold and beare out the corporate body but otherwise it is in the case of the Crown as shall be manifestly proved in due place But to shew that this rule receiveth this distinction I will put but two cases The statute of the 21. Hen. 8. ordaineth that a Marquesse may retaine sixe Chaplaines qualified a Lord Treasurer of England foure a Privie Counsellour three The Lord Treasurer Paulet was Marqueffe of Winchester Lord