Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	bring_v	tenant_n	writ_n	1,553	5	9.7421	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A93849	Duke Hamilton Earl of Cambridge his case, spoken to, and argued on the behalf of the Commonwealth, before the High Court of Justice. By Mr. Steel of Grays-Inn.	Steele, William, d. 1680.	1649 (1649)	Wing S5395; Thomason E558_3; ESTC R203635	24,055	43

and purposes a Subect of this Nation as if he had been here born with a further clause that his heirs might inherit and purchase any Lands Tenements c. By which Act it clearly appear that this Earl is naturalized also For 1. Though in the case of a denization there may need the word Heir to extend it to them because it goes as it is limited it may be for life in tayl or upon condition 9 Ed. 4.7 yet its repugnant to suppose that in point of a naturalization because he that is born in England as by relation this makes him without any other expressions conveys the right to his heirs Hence Naturalization is never temporanea though data 1. Jnst 129.2 Here are not wanting words neither that reach to the heirs if necessary for the Act is That his Heirs may inherit and purchase c. And in pursuance hereof its notorious that this Earl hath done both But we shall finde that oftentimes no more goes to express a Naturalization then this No other expression is used to import the priviledg of being English to them that are born of English Parents beyond Sea but onely that they may have and freely bear the inheritance within the same allegiance as other inheritors 25 Ed. 3. de natis ultra Mare And in 3 H. 6.55 Hall and his wise brought a Writ of Dover the Tenant pleaded that the Feme was an alien the Demandants reply that the Feme in the time of H. 4. was inabled by Act of Parliament to purchase Lands Tenements c. with which Reply the Defendants Counsel rested satisfied as if the Replication expressed it sufficiently that she was naturalized and thereupon demanded view Object But it hath been objected That this Act can have no other effect then if the now Earls Father had been born in England and though he were a Native English-man yet having issue this Earl by a Native Scots-woman in Scotland the issue thereby remains an Alien though his Father were Naturalized or born in England 1 Ans I shall easily grant both that this Earl was so born in Scotland and that the Naturalization amounts to no more then if the old Earl had been born in England but do deny the inference drawn from thence That therfore the now Earl must be an Alien For though in former times some Controversie hath been touching this question viz. Whether the issue of an English man going out of the Kingdom born of an alien woman shall be a Subject of England or no Yet I take the Law to be clear at this day that such issue is a Subject of England By the common Law if Father and Mother both English have issue beyond sea that issue is English 1 R. 3.4 the Statute of 25 Ed. 3. de natis ultra mare being declarative of the common Law 42 Ed. 3. cap. 10. and if the reason and practice of the Law be examined we shall finde it to be the same where the father only is English for these Reasons First Because at this day any person may go from this Kingdom to another without license though he be neither Nobleman Merchant or Soldier except some restraint by a ne exeat regnum Proclamation or other Act of State be against him so is it resolved 12 13 Eliz. Dyer 296. And though all except persons so qualified were restrained by 5 R. 2. cap. 2. yet that Statute is repealed by the Statute of 4 Jac. c. 1. made principally in reference to Scotland Therefore however the Law may be as to such as go when prohibited or who stay beyond Sea when commanded to return yet as to all others at this day and always as to Noblemen as the father of this Earl was upon whom no restraint was ever put by Common or Statute Law certainly the Law is otherwise especially when the removal is to a Country in amity as Scotland was Secondly Partus sequitur semen by the Common Law therefore in 4 Ed. 4.25 Statham villenage 9. if a free man marry a wife and have issue that issue is free but otherwise if the man had been villain and the woman free Thirdly The woman alien by the marriage is indenized and the issue then must needs partake of the priviledg and it appears by 26 Ed. 1. rot Parl. 1. that when Edmond the brother of Ed. 1. who marryed the Queen of Navar dyed all the Judges resolved she should be ened and what though she should not as in other cases it hath been doubted Yet that hinders not but during coverture she was endenized and that 's enough to endenize the issue If a wife marry a free man it is and hath been a doubt whether this be a perpetual infranchisement to the woman after the death of her Baron but it never was doubted but that both her self during coverture and her issue ever after were infranchised Lit. sect 187. 1 Instit 136. And for express authority in the point in hand besides the ancient authority of Abridg. Ass 39. tit Bastard 7. and Bro. Denizen 21. it was the Judgment of all the Judges of England 2 Ca. in the Dutchy Chamber betwixt the King and Eaton usually called Stephensons Case the Record whereof is ready to be produced where Judg Yelverton and Harvey then Judges Assistants to that Court declared it to be their judgments as also of all the other Judges That the two Sons of Stephenson born beyond Sea upon the body of an Alien were Denizens Object I observed but one book cited for maintenance of the contrary opinion and that was 26 H. 6. where indeed it is 22 H. 6.38 Ans Which Authority is against not for that opinion for which it is cited for in an Action there brought the Defendant pleads that the Plaintiffs ancestor in the time of H. 4. went beyond Sea without Licence and there bad issue the Plaintiff upon this plea Arderne the Plaintiffs Councel demurs but saith the book Prisot the Defendants Councel durst not demur Secondly If the book were as it is supposed yet it makes nothing against the Law at this day because by the Book it appears that the Plaintiffs ancestor went beyond Sea in the time of H. 4. without licence which being after R. 2. there was a restraint upon him except by licence or qualified as that Statute of R. 2. requires which Restraint is now abrogated as is before said and the Inhabitants of England as is suitable to all Islanders may travel at pleasure except especially forbidden and so whatever the Law was then it s otherwise now mutataratione legis mutatur lex Object What if the present Earl did himself endeavor or as he saith was advised notwithstanding the Naturalization of of his Father to procure himself to be Naturalized or indenized Ans Yet that could be but in majorem caut●lam as some savings have been inserted into Acts of Parliament themselves not for necessity but for satisfaction of the Lay Gent. as our books express it

1. li. C●● 24. Plow Com. 379. upon the Statute of 5 Ed. 6. and even in that case of Stephenson though the Iudges assistants delivered what was their own opinions and of the rest of the Iudges yet if making the party a Denizen would end the controversie they did advise it Fifthly Besides this purchase of his Fathers the Earl hath himself contributed to his own Denization not so much by inheriting his Fathers dignity and purchasing and enjoying himself Lands in England that being rather an evidence of what he formerly was then making him what he was not before but by the Writ of summons sent to this Earl himself 15 Car. The Record whereof hath been read commanding him ex fide ligeantia su● to appear in Parliament as a Peer of this Realm who accordingly did appear and acted in this Parliament being chosen of several Committees in the Lords House to consider of many things of great concernment some whereof were for the strength of the Nation as hath been fully proved by the Records of the Lords House all which actions are so inconsistent with his being an alien and would be such a solecism in State to admit an alien to be invested amongst others with a judicial power that rather then it should be admitted all this layd together will I conceive amount to at least a Denization I will not say that the granting of every office or the being employed in any transaction which concerns the Law or Government of the Kingdom will make an Alien a Denizen the books of 9 Ed. 4.1 and 14 H. 4.19 forbid me to say so but it 's another thing to have a judicial power in Parliament and to sit by virtue of such summons in the Parliament of England The Lord De-la Ware was disabled to sit in the House of Peers during his life but he dying and a Writ of Summons coming to his Son he was by vertue thereof enabled not onely to sit but to enjoy that place which his Ancestors formerly had done 11 li. Coo. 1. and in 39. Ed. 3.29 Umfravil Earl of Angos ought to be named Earl in the Writ against him because by that name he was summoned to the Parliament and for not naming him so the Writ abated A Denization is a kinde of a National Manumission Now as there is in Law an express infranchisement of a Villain and an infranchisement in Law Lit. sect 205. So it may be said of Denizations And amongst other Manumissions by Act in Law I finde in Britton fol. 79. 82. if a Villain were made a Knight this did make him free rations dignitatis and did not make the conferring of that dignity to be a voyd act paralel whereunto is the case in hand Sixthly The last thing I shall insist upon touching this second part of the plea is to make it appear that though the Earl had been born before the Union and an Alien that yet there are other circumstances in this case yet remaining which will clearly make this Act of his to amount to no less then Treason viz. His coming from a Kingdom in amity with this and his marching in hither with English Traytors That he marcht in and held correspondency with Sir Marmaduke Langdale and his son and with Sir Thomas Glenham and divers others hath been fully proved And that that Kingdom was then in amity with this besides the National Treaties and Engagements unrepealed it appears as well by the Earls own confessions at the Bar as by the words of the Scotish Declaration made upon this expedition read at the Earls own request which what ever it be doth yet conclude this Earl and all his party from alledging the contrary for their advantage it having been often reiterated by him and also therein said That this expedition was neither against the Parliament nor People of England besides that it is no sleight matter to make Nations in amity to become open Enemies in a legal construction which we are now upon as appears by the book of 19 Ed. 4.6 Now that these Circumstances will make this Act reach to Treason appears by these Authorities of Law In the days of Queen Mary France and England were in amity Sherley a French Native during that amity joyns himself with some English Traytors Sherley is apprehended and indicted as a Traytor contra ligeantiae suae debitum 4 Mar. Dyer 144. which is confirmed for good Law likewise 7 li. in Calvins Case by all the Judges with which agrees Brook Treason 32. and Crompton Jurisdiction of Courts 72. and Mr Justice Dallisons Reports 3 4. Mar. All which Authorities agree in this difference That if Alien Enemies joyn with English Rebels and be apprehended the Aliens shall be tryed by Martial Law or ransom'd but if Alien amies so joyn its Treason in all and 't is observable that the case is put cautelously in H. 4. and so abridg'd by Bro● Treason 1. That where Alien Enemies joyn with English the Aliens shall be tryed by Martial Law and the English as Traytors Object The Objection hath been made and so far it seems the Law is agreed That if Aliens fight under the banner of English that this may be Treason in all but not if the English fight under the command of Aliens which is alledged to be the case in hand Ans First I cannot safely admit that which the objection takes for granted that the English were the Auxiliaries and the Scots the principals in this act when I finde it in the proof offered by the Earl himself that he came in by the invitation of their friends in England and when I remember what was designed and produced in the South of England before and at the same time with this expedition 2. But admit it to be otherwise yet if this difference were material then it should follow likewise That if Alien enemies did fight under an English Command it should be Treason in all but it is not so 3. The Law makes no such difference nay the very objection seems to be made and answered 4. Mar. Dyer 144. for the book saith that though Sherley were an Alien yet hoc non refort tempore pacis inter Anglos et Galles the weight is layd upon tempus pacic onely 4. The true reason of the Law in one case is the same in both which I conceive to be from the detestation of conspiring with an inward secret enemy and from the trust the Law reposeth in such as are of a Country in amity There is no Treason but where there is a Trust hence anciently Treason in its genuine and original acceptation was onely and properly amongst allyes and friends who mutually did repose confidence in each other as may be seen in the Mirror f. 30. and 201. And that a greater trust was placed in Aliens amies then in others appears in that our Law allows not onely Traffique and Commerce with them but also allows them to be to some purposes Denizens namely as to the