Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	heir_n	life_n	tail_n	2,528	5	9.7186	5	true

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

be said nevertheless as it is in Calvins Case by a community of properties that it was due to the natural capacity also viz. As it ought ever to be accompanied with the politique thence it was but just in the Parliament notwithstanding the Kings Personal Command and Opposition against them yet to permit the taking of the Oath of Allegiance and not to abolish it till after his death it being ad Legem Ligatio yet the person was so necessary that without it it had been ridiculous to administer it in the form it was in which case majus dignum trabit ad se minus and hence it was that capital crimes committed in one Kings time might be proceeded against after the death of that King 3 Ed. 3. Fitz. Reattachment 18. Bro. Corone 178. If the King had purchased Land to him and his Heirs though the word Successors the word of his politique capacity had not been mentioned yet he was feised thereof in jure Coronae 43 Ed. 3.20 And if Land had been given to the King and another and their Heirs they had for the same reason been Tenants in Common and not Joynt-Tenants Com. 239. for the same reason And though many of those persons who have been Kings have often oppressed in stead of preserved their Subjects yet still that which Bracton hath said upon the same ground remains true of the Regal Power Non aliud Rex potest quam quod de jure potest his Office still being Ex Officio as 2 Li. Coo. Wisemans Case saith and Fitz. na bre 113. out of the Register to provide for the preservation of his People and if any other construction should be made then it must have followed in the Kings Personal absence minority or disability the Kingdom must either have been but weakly or not at all govern'd from all which it may be inferr'd That the Obligation and Allegiance which was owing to the King did include that which Savo sens● was the Kingdoms also It remains now that somewhat be spoken for the further invalidating of this part of the Plea wherein I shall First prove That one born in Scotland after the Union of the Crowns cannot be to any purpose considered as an Alien to England Secondly That though the Earl of Cambridge had been born before the Union yet he had not been an Alien to England partly from a National consideration but more principally from personal considerations viz. first By reason of his Local Allegiance both in Scotland and England Secondly Ligeantiâ acquisitâ and that by the Naturalization of his Father or his own Denization Thirdly That though he had been an Alien yet as this case is upon the proofs he will prove tryable for Treason by the Laws of this Kingdom Before I speak of any of these I might touch upon that part which layeth Murther to the charge of this Earl it having been fully proved That several persons by name amongst many others were slain and murthered by the Scotish Army and to make him punishable for this Crime there is no need of denization it being an offence in it self against the Law of God and Nations and we trust requisite to be an ingredient to it as is required in Treason Hence we finde Rape punishable in England committed by a Scot 13 Eliz. Dyer 304. and Murther done by the Lord Zanchar of the same Nation 9 Li. Coo. 116. where we finde him indicted by the Name of Robert Creighton Esq which together with the express Authority of 11 E. 3. Fitz. bre 473. are by the way sufficient warrants for our charging the Prisoner by the Name of James Earl of Cambridge without mentioning his Dukedom as he hath often intimated we should have done And if the Earl should say He kill'd not these persons himself his Councel can soon tell him That 's not material the Law being That if divers persons come to do an unlawful act and one commit a Murther or Treason it s so in all 1 Mar. Dyer 38. 13 H. 4.13 19 Ed. 2 Fitz. Cor. 433. But the truth is I shall not rely upon this being not willing so high an offence should pass under any other name then that of Treason therefore I pass to those aforementioned considerations which will evince his Crime to be no less then Treason 1. As to the first of these there being so much said in the Argument of Calvins Case I shall omit the citing of any thing particularly from thence and select something from the Statutes made shortly after the Union It s agreed by all Historians That these two Kingdoms were anciently but one Divisos orbe Britannos sabducta Britannia mundo thence it s observable That in the Preface of 1 Jac. cap. 1. by the access of the King of Scotland to this Kingdom the Parliament speaking of the Union correct themselves in these words or rather a reuniting of these two Nations though anciently but one if so this reunion amounted to no less then as it were a National remitter of the ancient Union For the settlement of this Union Commissioners were chosen to compose some differences betwixt the Nations and to consider what was fit and necessary to be done for the Commonweal of both Kingdoms 1 Jac. cap. 2. These Commissioners consult long about it and because they could not perfect it within the time prefixt an Act passeth for longer time 3 Jac. cap. 3. At length the work is finisht by the Statute of 4 Jaco cap. 1. by which all Statutes that express or imply any strangeness of the one Nation to the other are repealed and moreover it doth Enact and say That if there had appeared any other Statutes of this Realm of England wherein any thing is Ordained Enacted and Established expresly and by name against the Scotish as Enemies or Scotland as an Enemy Countrey to the King of this Realm or the State of the same we should for so much of them as concerneth Scottish men or Scotland have utterly abrogated and adnulled the same seeing all Enmity and Hostility of former times between the two Kingdoms and People is now happily taken away So the Statute After which it seems as strange that any born in Scotland after and during the continuance of that Union should make themselves strangers to England as if natural born English men should have made the same allegation In the aforesaid Statute of 4 Jac. 1. there is a clause That no Scotishman coming into England to prosecute the Law against any Englishman offending in Scotland is to be arrested here except for Treason and Murther and in the latter end of the Act amongst other things it is Enacted That if any Englishman should commit Treason or other Crimes in Scotland and come into England he should not upon his apprehension here be sent into Scotland to have his Tryal there but be tryed where he is taken but the Statute of 7 Jac. c. 1. which was the year after the resolution in