Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	army_n	king_n	queen_n	2,723	5	6.9579	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A64753	The reports and arguments of that learned judge Sir John Vaughan Kt. late chief justice of His Majesties court of Common Pleas being all of them special cases and many wherein he pronounced the resolution of the whole court of common pleas ; at the time he was chief justice there / published by his son Edward Vaughan, Esq.	England and Wales. Court of Common Pleas.; Vaughan, John, Sir, 1603-1674.; Vaughan, Edward, d. 1688.	1677 (1677)	Wing V130; ESTC R716	370,241	492

Mothers But if a fiction could make a natural Subject he hath two natural Princes one where he was born and the other where naturalized 3. If one naturalized in Ireland should in law make him naturally born there then one naturalized in Scotland after the Vnion should make him naturally born there consequently inheritable in England which is not contended 4. A naturalized person in a Dominion belonging to England is both the King 's Subject when he is King of England and inheritable in that his Dominion when naturaliz'd So the Antenati of Scotland are the King of England's Subjects when he is King of England and inheritable in that Dominion of his yet cannot inherit in England and being his Subjects before doth not make them less his Subjects when King of England Or if it did Nicholas Ramsey before he was naturalized in Ireland and became there a Subject to the King of England was a Subject in Scotland of the Kings There are four ways by which men born out of England may inherit in England besides by the Statute of Edward the Third De Natis ultra Mare 1. If they be born in any Dominion of the Kings when he is actually King of England 2. If they be made inheritable by Act of Parliament in England as by naturalization there 3. If they be born Subjects to a Prince holding his Kingdom or Territories as Homager and Liegeman to the King of England Calvins Case f. 21. b. during the time of his being Homager So the Welch were inheritable in England before 12 Ed. 1. though Subjects to the Princes of Wales who were Homagers to the King of England So were the Scotch in Edward the First 's time during the King of Scotlands Homage to him and to other Kings of England as long as it continued And that is the reason of the Case in 14. of Eliz. in the Lord Dyer Dyer 14 Eliz. f. 304. pl. 51. where a Scotch-man being arraign'd for a Rape of a Girl under Seven years of Age and praying his Tryal per medietatem Linguae because he was a Scot born it was denied him by the Opinion of the Iudges of both Benches for that among other reasons a Scot was never accounted an Alien here but rather a Subject So are the words of the Book But they did not consider that the Homage was determined then as it was consider'd after in Calvin's Case when only the Postnati of Scotland were admitted inheritable in England Vpon the same ground one Magdulph Subject to the King of Scots appeal'd from his Iudgment to Edward the First Pl. Parl. 21 E. 1. f. 152. 157. ut Superiori Domino Scotiae But this is to be understood where such Prince is Homager Subjectionis and not only Infeodationis for another King may hold of the King of England an Island or other Territory by Tenure and not be his Subject 4. If the King of England enter with his Army hostilly the Territories of another Prince and any be born within the places possessed by the Kings Army and consequently within his Protection such person is a Subject born to the King of England if from Parents Subjects and not Hostile 5 Eliz. Dyer f. 224. pl. 29. So was it resolved by the Iustices 5 Eliz. That one born in Tourney in France and conquered by Henry the Eighth being a Bastard between persons that were of the King's liegeance was enabled to purchase and implead within the Realm and was the same as if a French-man and French-woman should come into England and have a Son born there The like law if he had been born of French Parents in Tourney for it was part of the Dominions belonging to England pro tempore as Calice was Those under the King's Power as King of England in another Prince his Dominions are under his Laws Fleta l. 2. c. 3. 14 E. 1. King Edward the First being at Paris 14 E. 1. one Ingelram de Nogent stole silver Dishes in the King's House there and after dispute about his Tryal with the King of France and his Council he was convicted before the Steward of the King of England's House and executed though the Felony was done in France in Aliero Regno Fleta l. 2. c. 3. 12 E. 1. So Edmund de Murdak brought an Appeal in Gascoigne coram Seneschallo Hospitii Regis Angliae against one William de Lesnes of Robbery done to him 12 E. 1. infra metas Hospitii Regis infra quas invenit ipsum And the Defendant non potuit appellum illud per exceptionem alterius Regni declinare 1. Regularly who once was an Alien to England cannot be inheritable there but by Act of Parliament which is Common Experience But Ramsey was an Alien to England being Antenatus of Scotland and therefore cannot inherit here but by Act of Parliament If it be said there is an Exception to that viz. unless he be naturalized in Ireland that Exception must be well prov'd not suppos'd For the Question being Whether one naturalized in Ireland do thereby become as a Native of England must not be resolv'd by saying That he doth become as a Native of England otherwise it is prov'd only by begging the Question 2. The being no Alien in England belongs not to any made the King of Englands Subject by Act of Law when he is King of England but to such as are born so Natural legitimation respecteth actual Obedience to the Soveraign at the time of the birth Calvins Case f. 27. for the Antenati remain Aliens because they were born when there were several Kings of the several Kingdoms not because they are not by act of law afterwards become Subjects to the King of England by the Union of the Crowns But he that is naturaliz'd in Scotland or Ireland is not a Subject born to the King of England but made by a subsequent Act in law 3. And chiefly the manner of subjection of a Stranger naturaliz'd in Scotland or Ireland doth exactly agree with that of the Antenatus and not of the Postnatus For 1. The Antenatus was another Prince his Subject before he was the King of Englands 2. The Antenatus might have been an Enemy to England by a war between the several Kings before the Vnion So a Stranger naturalized in Scotland or Ireland was the natural Subject of some other Prince necessarily before he was naturaliz'd and then might have been an Enemy to the King of England by a war between his natural Soveraign and the King of England before he was naturalized But the Postnatus was never subject to any before he was the King of Englands nor ever in possibility of being an enemy to England both which are the properties of subjection in the native English Subject and is the reason why the Postnatus in England is as the Natives of England No fiction of Law can make a man a Natural Subject that is not for a Natural Subject and a Natural Prince are

by the Verdict 7 Car. afore the Act by which it is found he died seised of the Rectory of Kingston in Reversion and of the Advowson of the Vicaridge and died without Heir and that the same escheated to the King and if all the lands in question were held of the King it being found he died without Heir the proviso will save all to the King 3. Whether Nicholas Ramsey under whom the Plaintiffs claim be the person who had title to the lands in question if any had Because 1. The death of Robert the elder Brother is not sufficiently found before the Act of Naturalization for then he and not Nicholas was heir to John 2. Because if Robert the elder were dead before yet he left Issue three Daughters who were naturalized as well as Nicholas by the Act and are the heirs to the Earl being the Issue of his elder Brother If Robert had died after the Irish Act made this Verdict had been as true as now it is Therefore it is not sufficient to find him dead before the Act. Et Juratores ulterius dicunt quod praedictus Robertus filius primogenitus natu maximus praedicti Roberti patris postea obiit tempore mortis suae habens relinquens tres filias de corpore ipsius Roberti filii legitime procreatas viz. Margaret Isabel Janam Alienigenas natas in Regno Scotiae ante accessionem praedict Quae quidem Margaret Isabella Jana primo die Octobris Anno Regni Domini Caroli nuper Regis Angliae primi quarto decimo in plena vita fuerant habent exitus de carum corporibus exeuntes modo superstites in plena vita existentes apud Kingston super Thames praedict As to the second part in the Case of Aliens nothing interrupts the common course of Descents but Defectus Nationis as Bracton terms it Therefore that being taken away by naturalization they shall inherit as if it had not been and then the eldest Brothers Issue had inherited before the second Brother 1. It is admitted and will easily appear That one naturalized in Scotland since the Union cannot inherit in England 2. Ireland then differs from Scotland in a common difference with Gernsey Jersey Isle of Man Berwick and all the English Plantations for that they are Dominions belonging to the Crown of England which Scotland is not 3. If this difference which was never discussed in Calvin's Case alter not the Case from a naturalizing in Scotland it remains whether by Act of Parliament of England though not extant Ireland in this matter be not differenc'd from other Dominions belonging to England 1. He that is priviledg'd by the law of England to inherit there must be a Subject of the Kings 2. He must be more than a local Subject either in the Dominion of England or out of the Dominion of England for meer Aliens when locally in England or any other Dominions of the Kings are local Subjects 3. He must be otherwise a Subject than any Grant or Letters Patents of the King can make him 7 Rep. Calvins C. f. 7. a. 36 H. 6. Tit. Deniz Br. 9. Therefore a Denizen of England by Letters Patents for life in tayl or in fee whereby he becomes a Subject in regard of his person will not enable him to inherit in England but according to his Denization will enable his Children born in England to inherit him and much less will his Denization in any other Dominion Whence it follows That no Laws made in any other Dominion acquired by Conquest or new Plantation by the King's Lieutenants Substitutes Governours or People there by vertue of the King's Letters Patents can make a man inherit in England who could not otherwise inherit For what the King cannot do by his Letters Patents no delegated power under him can do by his Letters Patents It follows likewise upon the same reason That no tenure of Land by Homage Fealty or other Service in any other Dominion of the Kings acquired by Conquest or otherwise by any Grant or Letters Patents can make a man inherit in England who could not otherwise inherit Calvins Case f. 6. b. for that is not Homagium ligeum but Feodale as is rightly distinguished 4. A man born a Subject to one that is King of England cannot therefore inherit in England for then the Antenati in Scotland had inherited in England they were born Subjects to King James who was King of England but not born when he was King of England 5. A Subject born in any Dominion belonging to the Crown of England is inheritable in England as well as native Englishmen So the natural born Subjects of Ireland Gernsey Jersey Berwick and all the English Plantations inherit but the specifique reason of their inheriting in England is not because they are born in Dominions belonging to the Crown of England for if so none could inherit who wanted that and then the Postnati of Scotland should not inherit for Scotland is not a Dominion belonging to the Crown of England but to the King of England It remains then according to the Resolution and Reasons of Calvin's Case That the specifique and adequate cause why the Kings Subjects of other his Dominions than England do inherit in England is because they are born his natural Subjects as the English are he being actually King of England at the time of their birth when their subjection begins Cok. Rep. Calvins Case and so are born Liege-men to the same King But then since all Liegeance and Subjection are acts and obligations of Law for a man owes no liegeance excluding all Civil Law but a man is said a natural Subject because his Subjection begins with his birth that is as soon as he can be subject and a King is said to be a mans natural Prince because his Protection begins as soon as the Subject can be protected and in the same sense that a Country where a man is born is his natural Country or the Language he first speaks is his natural Tongue why should not an Act of Law making a man as if he had been born a Subject work the same effect as his being born a Subject which is an effect of law 1. The Reason is That naturalization is but a fiction of Law and can have effect but upon those consenting to that fiction Therefore it hath the like effect as a mans Birth hath where the Law-makers have power but not in other places where they have not Naturalizing in Ireland gives the same effect in Ireland as being born there so in Scotland as being born there but not in England which consents not to the fiction of Ireland or Scotland nor to any but her own 2. No fiction can make a natural Subject for he is correlative to a natural Prince and cannot have two natural Soveraigns but may have one Soveraign as a Queen Soveraign and her Husband in two persons no more than two natural Fathers or two natural