And in anno 33 reg. El. it was resolved by all : Lastly, to conclude this part with (h) Scotland itself. In ancient time part of (i) Scotland (besides Berwick) was within the power and ligeance of the king of England, as appeareth by our books (k) 42 E. 3, 2. b. the lord Beaumont's case, 11 E. 3, c. 2, &c. and by precedents hereafter mentioned; and that part (though it were under the king of England's ligeance and obedience) yet was it governed by the laws of Scotland. · years of the said grant, concerning the laws in 26 E. 3,) ruleth it, that so many as were born in that part of Scotland, that was under the li-. geance of the king, were no aliens, but inheritable to lands in England; yet was that part of Scotland in another kingdoin governed by seve ral laws, &c. And if they were natural subjects in that case, when the king of England had but part of Scotland, what reason should there be, why those that are born there, when the king hath all Scotland, should not be natural subjects, and no aliens? So likewise (m) Berwick is no part of England, nor governed by the laws of England, and yet they that have been born there, since they were under the obedience of one king, are natural born subjects, and no aliens, as it appeåreth in 15 R. 2, cap. 7, &c. Vide (n) 19 H. 6, 35. b. and 39 H. 6, 39. a. And yet in all these cases and examples, if this new devised plea had been sufficient, they should have been all aliens against so many judgments, resolutions, authorities, and judicial precedents in all successions of ages. There were sometimes in England, whilst the heptarchy lasted, seven several crowned kings of seven several and distinct kingdoms, but in the end the West Saxons got the monarchy, and all the other kings melted, as it were, the crowns to make one imperial diadem, for the king of the West Saxons over all. Now when the whole was under the actual and real ligeance and obe dience of one king, were any, that were born in any of those several and distinct kingdoms, aliens one to another? Certainly they, being born under the obedience of one king and sovereign, were all natural born subjects, and capable of and inheritable unto any lands in any of the said kingdoms. In the holy history reported by St. Luke, er dictamine Spiritus Sancti, cap. 21 et 22 Act. Apostolorum, it is certain, that St. Paul was a Jew, born in Tarsus, a famous city of Cilicia; for it appeareth in the said 21st chap. v. 39, by his own words, ego homo sum quidem Judæus Rex Hen-a Tarso Cilicia, non ignotæ civitatis municeps.' And in c. xxii. v. 3, ego sum vir Ju'dæus natus Tarso Cilicia, &c.' and then made that excellent sermon there recorded; which when the Jews heard, the text saith, v. 22, levaverunt vocem suam, dicentes, tolle de terra hujusmodi, non enim fas est eum vi Ex rotulis Scotia, anno 11 Ed. 3, amongst the records in the Tower of London. 'Rex, &c. Constituimus Rich. Talebot justiciarium nostrum villæ Berwici super Twedam, ac omnium aliarum terrarum nostrarum in partibus Scot', ad faciend' omnia et singula quæ ad officium justiciarii pertinent, secundum legem et consuetudinem regni Scot'.' And after anno 26 E. 3, ex eodem rot. rico de Percey, Ricardo de Nevil, &c. Volu'mus et vobis et alteri vestrum tenore præsentium committimus et mandamus, quod homines nostri de Scot' ad pacem et obedientiam nostram existentes, legibus, libertatibus, et liberis consuetudinibus, quibus ipsi et antecessores sui tempore celebris memoria Alexandrivere; vociferantibus autem eis et projicientiquondam regis Scot' rationabiliter usi fuerunt, uti et gaudere deberent, prout in quibusdam indenturis, &c. plenius dicitur contineri.' And there is a writ in the Register 295. a. Dedi*mus potestatem recipiendi ad fidem et pacem nostram homines de Galloway.' Now the case in (1) 42 Ed. 3, 2, b. (which was within 16 Inst. 11, 18, 24. Co. Lit. 261. b. 1. And. 262, (g) Cawly 93. Co. Lit. 261. b. 3 Inst. 11. (i) Heylin's Cosmog. lib. 4. p. 305, 306. (k) Fitz. Brief 551. (1) Fitz, Brief 551. Ant. 23. a. bus vestimenta sua, et pulverum jactantibus in aerem.' Claudius Lysias the popular tribune, to please this turbulent and profane multitude (though it were utterly against justice and common reason) the text saith, jussit tribunus, 1. induci eum in castra, 2. flagellis cædi, and 3. torqueri eum (quid ita ?) ut sciret 'propter quam causam sic acclamarent;' and when they had bound Paul with cords, ready to execute the tribune's unjust commandment, the blessed apostle (to avoid unlawful and sharp punishment) took hold of the law of a heathen emperor, and said to the centurion (m) 1 Sid. 381, 382. 2 Burro. 858. or conclusions, drawn plainly and expressly from the premises. standing by him, si hominem Romanum et 6 indemnatum licet vobis flagellare? Which when the centurion heard, he went to the tri- 1. Every one that is an alien by birth, may bune and said,quid acturus es? Hic enim be, or might have been an enemy by accident; 'homo cives Romanus est.' Then came the but Calvin could never at any time be an enetribune to Paul, and said unto him; dic mihi si my by any accident; ergo, he cannot be au tu Romanus es?" At ille dixit, etiam.' And alien by birth. Vide 33 H. 6, f. 1, a. b. the the tribune answered, ego multa summa civi- difference between an alien enemy, and a sub'tatem hanc consequutus sum.' But Paul, pot ject traitor. Hostes sunt, qui nobis, vel quimeaning to conceal the dignity of his birth- bus nos bellum decernimus; cæteri prodiright said, ego autem et natus sum:' as if he tores, prædones, &c.' The major is apparent, should have said to the tribune, you have your and is proved by that which bath been said. freedom by purchase of money, and I (by a Et vide Magna Charta, cap. 30, 19 E. 4, 6, more noble means) by birth-right and inherit-9 E. 3, c. 1, 27 E. 3, c. 2, 4 H. 5, c. 7, 14 E. ance. Protinus ergo,' saith the text, deces- 3, stat. 2, c. 2, &c. serunt ab illo qui illum torturi erant: tribunus quoque timuit postquam rescivit, quia civis Romanus esset, et quia alligasset eum.' So as hereby it is manifest, that Paul was a Jew, born at Tarsus in Cilicia in Asia Minor; and yet being born under the obedience of the Roman emperor, he was by birth a citizen of Rome in Italy in Europe, that is, capable of and inheritable to all privileges and immunities of that city. But such a plea as is now imagined against Calvin might have made St. Paul an alien to Rome. For if the emperor of Rome had several ligeances for every several kingdom and country under his obedience, then might it have been said against St. Paul, that he was extra ligeantiam imperatoris regni sui Italiæ, et infra ligeantian imperatoris regni 'sui Ciliciae, &c.' But as St. Paul was Ju'dæus patriâ et Romanus privilegio, Judæus 'natione et Romanus jure nationum;' so may Calvin say, that he is Scotus patriâ et Anglus privilegio, Scotus natione et Anglus jure na 6 'tionum.' 2. Whosoever are born under one natural ligeance and obedience, due by the law of nature to one sovereign, are natural-born subjects: but Calvin was born under one natural ligeance and obedience due by the law of nature to one sovereign; ergo he is a naturalborn subject. 3. Whosoever is born within the king's power or protection, is no alien: but Calvin was born under the king's power and protection: ergo he is no alien. 4. Every stranger born must at his birth be either amicus or inimicus: but Calvin at his birth could neither be amicus nor inimicus; ergo he is no stranger born. Inimicus he cannot be, because he is subditus; for that cause also he cannot be amicus; neither now can Scotia be said to be solum amici, as hath been said. 5. Whatsoever is due by the law or constitution of man, may be altered; but natural ligeance or obedience of the subject to the sovereign cannot be altered; ergo natural ligeance or obedience to the sovereign is not due by the law or constitution of man. [Sawyer's Argument in Quo Warranto, 25.] Again, whatsoever is due by the law of nature, cannot be altered; but ligeance and obedience of the sub Samaria in Syria was the chief city of the ten tribes; but it being usurped by the king of Syria, and the Jews taken prisoners, and carried away in captivity, was after inhabited by the Panyms. Now albeit Samaria of right belonged to Jewry, yet because the people of Sama-ject to the sovereign is due by the law of naria were not under actual obedience, by the judgment of the chief justice of the whole world they were adjudged alienigena, aliens: for in the Evangelist St. Luke, c. 17, when Christ had cleansed the ten lepers, unus au'tem ex illis,' saith the text, ut vidit quia 'mundatus esset, regressus est cum magnâ voce 'magnificans Deum et cecidit in faciem ante pedes ejus gratias agens, et hic erat Samari'tanus. Et Jesus respondens dixit, nonne decem mundati sunt, et novem ubi sunt? Non 'est inventus, qui rediret et daret gloriam Deo,infinitum decurrit, et nihil est in eo quod per ' nisi hic alienigena.' So as by his judgment this Samaritan was alienigena, a stranger born, because he had the place, but wanted obedience. Et si desit obedientia non adjuvat lo'cus.' And this agreeth with the divine, who saith, si locus salvare potuisset, Satan de cœlo pro sua inobedientia non cecidisset. Adam in Paradiso non cecidisset. Lot in monte 'non cecidisset, sed potius in Sodom.' 6. Now resteth the sixth part of this division, that is to say, six demonstrative illations ture; ergo it cannot be altered. It hath been proved before, that ligeance or obedience of the inferior to the superior, of the subject to the sovereign, was due by the law of nature many thousand years before any law of man was made; which ligeance or obedience (being the only mark to distinguish a subject from an alien) could not be altered; therefore it remaineth still due by the law of nature. For leges naturæ perfectissimæ sunt et immutabiles, humani vero juris conditio semper in petuo stare possit. Leges humanæ nascuntur, vivunt, et moriuntur.' Lastly, whosoever at his birth cannot be an alien to the king of England, cannot be an alien to any of his subjects of England; but the plaintiff at his birth could be no alien to the king of England; ergo the plaintiff cannot be an alien to any of the subjects of England, The major and minor both be propositiones perspicue veræ. For as to the major it is to be observed, that whosoever is an alien born, is so accounted in law in respect of the king. potest esse alienigena corpori, qui non est And that appeareth, 1, by the pleading so often 'capiti, non gregi qui non est regi.' before remembered, that he must be extra The authorities of law cited in this case for ligeantiam regis,' without any mention mak-maintenance of the judgment: 4 H. 3, tit. ing of the subject. [Co. Lit. 2, b.] 2. When Dower. Bracton, lib. 5, fol. 427. Fleta, lib. an alien born" purchaseth any lands, the king | 6, cap. 47. In temp. E. 1, Hingham's Report. only shall have them, though they be holden of 17 Edw. 2, cap. 12, 11 Edw. 3, cap. 2. 14 Ed. a subject, in which case the subject loseth his 3, Statut. de Francia, 42 Ed. 3, fol. 2, 41 Ed. seigniory. And as it is said in our books, an 3, cap. 10. 22 Lib. Ass. 25. 13 Rich. 2, cap. 2. alten may purchase ad proficuum regis;' but 15 Rich. 2, cap. 7. 11 Hen. 4, fol. 26. 14 lien. the act of law giveth the alien nothing: and 4, fol. 19. 13 H. 4, Statutum de Guyan. 29 therefore if a woman alien marrieth a subject, Hen. 6, tit. Estoppel 48. 28 Hen. 6, cap. 5. she shall not be endowed, neither shall an alien 32 Hen. 6, fol. 23. 23 Hen. 6, fol. 26. Littl. be tenant by the curtesy. Vide 3 H. 6, 55, a. temp. Ed. 4, lib. 2, cap. Villenage. 15 Ed. 4, 4 II. 3, 179, 3. [Br. denizen 1 Fitz. dower fol. 15. 19 Ed. 4, 6. 22 Ed. 4, cap. 8. 2 Rich. 179] The subject shall plead, that the de- 3, 2. & 12. 6 Hen. 8, fol. 2. Dyer 14. Hen. 8, fendant is an alien born, for the benefit of the cap. 2. No manner of stranger born out of king, that he upon office found may seize; and the king's obeysance, 22 H. 8, cap. 8. Every that the tenant may yield to the king the land, person born out of the realm of England, out and not to the alien, because the king hath of the king's obeysance, 32 Ilen. 8, cap. 16. best right thereunto. 4. Leagues between our 25 Hen. 8, cap. 15, &c. 4 Ed. 6, Plowd. sovereign and others are the only means to Cominent. fol. 2. Fogassa's case. 2 & 3 Ph. & rake aliens friends; et fødera percutere,' to Mar. Dyer 145. Shirley's case. 5 El. Dyer make leagues, only and wholly pertaineth to 224. 13. El. cap. 7, de Bankrupts. All comthe king. 5. Wars do snake aliens enemies, missions ancient and late, for the finding of and bellum indiccre' belongeth only and offices, to entitle the king to the lands of aliens willy to the king, and not to the subject, as born: also all letters patent of denization of appeareth in 19 Ed. 4, fol. 6, b. 6. The king ancient and latter times do prove, that he is no osly without the subject may make, not only alien that is born under the king's obedience. letters of safe-conduct, but letters patent of deLization, to whom, and how many he will, and enable them at his pleasure to sue any of his subjects in any action whatsoever, real or personal, which the king could not do without the subject, if the subject had any interest given Of such inconveniences as were objected unto him by the law in any thing concerning against the plaintiff, there remain only four to an alien born. Nay, the law is more precise be answered: for all the rest are clearly and herein than in a number of other cases, of fully satisfied before: 1. That if Postnati should higher nature: for the king cannot grant to be inheritable to our laws and inheritances, it Any other to make of strangers born, denizens; were reason they should be bound by our laws; it is by the law itself so inseparably and indivi- | but Postnati are not bound by our statute or dually annexed to his royal person (as the book common laws; for they having, as it was obis in 20 H. 7, fol. 8). [Br. patents 111.] For jected, never so much freehold or inheritance, the law esteemeth it a point of high preroga- cannot be returned of juries, nor subject to tive, jus majestatis, et inter insignia summa scot or lot, nor chargeable to subsidies or quinpotestatis, to make aliens born subjects of zimes, nor bound by any act of parliament the realm, and capable of the lands and inhe-made in England. 2. Whether one be born ritances of England in such sort as any naturalborn subject is. And therefore by the statute of 27 11. 8, c. 24, many of the most ancient prerogatives and royal flowers of the crown, as authority to pardon treason, murther, manslaughter, and felony, power to make justices in eyre, justices of assise, justices of peace and gaol-delivery, and such like, having been severed and divided from the crown, were again reunited to the same: but authority to make letters of denization, was never mentioned therein to be resumed, for that never any claimed the same by any pretext whatsoever, being a matter of so high a point of prerogative. So as the pleading against an alien, the purchase by any alien, leagues, and wars between aliens, denizations, and safe-conducts of aliens, have aspect only and wholly unto the king. It followeth therefore, that no man can be alien to the subject that is not alien to the king. Now we are come to consider of legal inconveniences: and first of such as have been objected against the plaintiff, and secondly of such as should follow, if it had been adjudged against the plaintiff. within the kingdom of Scotland or no, is not triable in England; for that it is a thing donę out of this realm, and no jury can be returned for the trial of any such issue: and what inconvenience should thereof follow, if such pleas that wanted trial should be allowed, for then all aliens might imagine the like plea, they, that objected it, left it to the consideration of others. 3. It was objected, that this innovation was so dangerous, that the certain event thereof no man could foresee; and therefore, some thought it fit, that things should stand and con tinue as they had been in former time, for fear of the worst. 4. If Postnati were by law legiti mated in England, it was objected what inconvenience and confusion should follow, if, for the punishment of us all, the king's royal issue should fail, &c. whereby those kingdoms might again be divided. All the other arguments and Non objections, that have been made, have been all it is holden in 5 Rich. 2, tit. Trial 54. that if a man be adhering to the enemies of the king in France, his land is forfeitable, and his adherency shall be tried where the land is, as oftentimes hath been done, as there it is said by Belknap : and Fitz. Nat. Br. 196, in a mortdanc', if the ancestor died in itinere peregrinationis suæ vers. Terram Sanctam,' the jury shall enquire of it. But in the case at bar, seeing the defendant hath pleaded the truth of the case, and the plaintiff hath not denied it, but demurred upon the same, and thereby confessed all matters of fact, the court now ought to judge upon the special matter, even as it a jury upon an issue joined in England, as it is aforesaid, had found the special matter, and left it to the court. answered before, and need not to be repeated | so much is necessarily proved by the words again. trove fuit.) And 20 Ed. 3, tit. Åverment 34. 1. To the first it was resolved, that the cause in a juris utrum, the death of one of the of this doubt was the mistaking of the law: for vouchees was alledged at such a castle in Briif a Postratus do purchase any lands in Eng-tain, and this was enquired of by the jury. And land, he shall be subject in respect thereof, not only to the laws of this realm, but also to all services and contributions, and to the payment of subsidies, taxes, and public charges, as any denizen or Englishman shall be; nay, if he dwell in England, the king may command him, by a writ of ne exeat regnum, that he depart not out of England. But if Postnatus dwell in Scotland, and have lands in England, he shall be chargeable for the same to all intents and purposes, as if an Englishman were owner thereof, and dwelt in Scotland, Ireland, in the isles of Man, Guernsey, or Jersey, or elsewhere. The same law is of an Irishman that dwells in Ireland, and hath land in England. But if Postnati, or Irishmen, men of the isles of Man, Guernsey, Jersey, &c. have lands within England, and dwell here, they shall be subject to all services and public charges within this realm, as any Englishman shall be. So as to service and charges, the Postnati and Englishmen born are all in one predicament. 3. To the third it was answered and resolved that this judgment was rather a renovation of the judgments and censures of the reverend judges and sages of the law in so many ages past. than any innovation, as appeareth by the book and book-cases before recited; neither have judges power to judge according to that which they think to be fit, but that which out of the laws they know to be right and consonant to law. Judex bonus nihil ex arbitrio suo faciat, nec proposito domesticæ voluntatis, 2. Concerning the trial, a threefold answer was thereunto made and resolved: 1. That the Jike objection might be made against Irishmen, Gascoins, Normans, men of the isles of Man, Guernsey, and Jersey, of Berwick, &c. all which appear by the rule of our books to besed juxta leges et jures pronuntiet. And as natural-born subjects; and yet no jury can for timores, fears grounded upon no just come out of any of those countries and places, cause, qui non cadunt in constantem virum, for trial of their births there. 2. If the deman- vani timores æstimandi sunt.' dant or plaintiff in any action concerning lands 4. And as to the fourth, it is less than a be born in Ireland, Guernsey, Jersey, &c. out dream of a shadow, or a shadow of a dream: of the realm of England, if the tenant or defen- [2 Ventrix 6.] for it hath been often said, nadant plead, that he was born out of the lige-tural legitimation respecteth actual obedience ance of the king, &c. the demandant or plaintiff may reply, that he was born under the ligeance of the king at such place within England: [Co. Lit. 261. a. b. 6 Co. 47. a.] and upon the evidence the place shall not be material, but only the issue shall be, whether the demandant or plaintiff were born under the ligeance of the king in any of his kingdoms or dominions whatsoever: and in that case the jury, if they will, may find the special matter, viz. the place where he was born, and leave it to the judgment of the court: and that jurors may take knowledge of things done out of the realm in this and like cases, vide 7 11. 7, 8. b. 20 Ed. 3, Averment 34. 5 Ric. 2, tit. Trial 54. 15 Ed. 4, 15. 31 H. 6, 25. Fitz. Nat. Br. 196. Vide Dowdale's case, in the sixth part of my Reports, fol. 47, and there divers other judgments be vouched. 3. Brown, in anno 32 H. 6, re-law a natural subject at the time of his birth, porteth a judgment then lately given, that where the defendant pleaded, that the plaintiff was a Scot, born at St. John's town in Scotland, out of the ligeance of the king; whereupon they were at issue, and that issue was tried where the writ was brought, and that appeareth also by 27 Ass. pl. 24. that the jury did find the prior to be born in Gascoin, (for to the sovereign at the time of the birth; for as the Antenati remain aliens as to the crown of England, because they were born when there were several kings of the several kingdoms, and the uniting of the kingdoms, by descent subsequent, cannot make him a subject to that crown to which he was alien at the time of his birth; so albeit the kingdoms (which Almighty God of his infinite goodness and mercy divert) should by descent be divided, and governed by several kings;* yet it was resolved, that all those, that were born under one natural obedience, while the realms were united under one sovereign, should remain natural born subjects, and no aliens; for that naturalization due and vested by birth-right, cannot by any separation of the crowns afterward be taken away; nor he, that was by judgment of become an alien by such a matter ex post facto. And in that case, upon such an accident, our Postnatus may be ad fidem utriusque regis,' as Bracton saith in the afore-remembered *Note on the Abdication of k. J. 2, they were divided but are now consolidated by the Union Act. place, fol. 427. Sicut Anglicus non auditur and rules, there be in our books in all ages in placitando aliquem de terris et tenement' concerning this case, as if they had been prein Francia, ita nec debet Francigena et alieni-pared for the deciding of the question of this 'gena, qui fuerit ad fidem regis Franciæ, au- point; and that (which never fell out in any 'diri placitando in Anglia: sed tamen sunt doubtful case) no one opinion in all our books aliqui Francigenæ in Franciâ, qui sunt ad is against this judgment. Thirdly, that the fidem utriusque, et semper fuerunt ante Nor- five judges of the King's-bench, who adjourned manniam deperditam et post, et qui placitant this case into the Exchequer-chamber, rather 'hic et ibi, eâ ratione, quia sunt ad fidem utri- adjourned it for weight than difficulty, for all usque, sicut fuit Willielmus comes mareschal- they in their arguments una voce concurred lus et manens in Anglia, et M. de Gynes ma- with the judgment. Fourthly, that never any 'nens in Franciâ, et alii plures.' Concerning case was adjudged in the Exchequer-chamber the reason drawn from the (a) etymologies, it with greater concordance and less variety of made against them, for that by their own deri- opinions, the lord-chancellor and twelve of alvation, alienæ gentis and aliena ligeantiæ is all the judges concurring in one opinion. Fifthly, 8.3 one: but arguments drawn from etymologies that there was not in any remembrance so hoare too weak and too light for judges to build nourable, great, and intelligent an auditory at their judgments upon : sæpenumero ubi pro- the hearing of the arguments of any Exchequer prietas (b) verborum attenditur, sensus veri- chamber case, as was at this case now adtatis amittitur:' and yet when they agree with judged. Sixthly, it appeareth, that jurispruthe judgment of law, judges may use them for 'dentia legis communis Angliæ est scientia so ornaments. But on the other side, some inconveniences should follow, if the plea against the plaintiff should be allowed. For, first it maketh ligeance local; videlicet, ligeantia regis regni sui "Scotia,' and 'ligeantia regis regni sui Anglia: whereupon should follow, first, that faith or ligeance, which is universal, should be confined within local limits and bounds: secondly, that the subjects should not be bound to serve the king in peace or in war out of those limits; thirdly, it should illegitimate many, and some of noble blood, which were born in Gascoin, Guienne, Normandy, Calais, Tournay, France, and divers other of his majesty's dominions, whilst the same were in actual obedience, and in Berwick, Ireland, Guernsey, and Jersey, if this plea should have been admitted for good. And secondly, this strange and new-devised plea inclineth too much to countenance that dangerous and desperate error of the Spencers, touched before, to receive any allowance within Westminster-hall. In the proceeding of this case, these things were observed, and so did the chief justice of the Common Pleas publicly deliver in the end of his argument in the Exchequer-chamber. First, that no commandment or message by word or writing was sent or delivered from any whatsoever to any of the judges to cause them to incline to any opinion in this case; which I remember, for that it is honourable for the state, and consonant to the laws and statutes of this realm. Secondly, there was observed, what a concurrence of judgments, resolutions, (u) Co. Lit. 68. b. (b) 9 Co. 110. b. cialis et copiosa:' sociable, in that it agreeth with the principles and rules of other excellent sciences, divine and human: copious, for that quamvis ad (d) ea quæ frequentius accidunt jura adaptantur,' yet in a case so rare, and of such a quality, that loss is the assured end of the practice of it (for no alien can purchase lands, but he loseth them, and ipso facto the king is entitled thereunto, in respect whereof a man would think few men would attempt it) there should be such a multitude and farrago of authorities in all successions of ages, in our books and book-cases, for the deciding of a point of so rare an accident.Et sic determinata et terminata est ista quæstio,' The Judgment in the said Case, as entered on record, &c. Whereupon all and singular the premises being seen, and by the court of the lord the now king here diligently inspected and examined, and mature deliberation being had thereof; for that it appears to the court of the lord the now king here, that the aforesaid plea of the said Richard Smith and Nicholas Smith, above pleaded, is not sufficient in law to bar the said Robert Calvin from having an answer to his aforesaid writ: therefore it is considered by the court of the lord the now king here, that the aforesaid Richard Smith and Nicholas Smith to the writ of the said Robert do further answer. See now the statutes for the Union of both kingdoms. (d) 5 Co. 127. b. Co. Lit. 218. a. 2 Lust, 187, Cart. 13.6 Co. 87. a. |