CASE OF THE POST-NATI OF SCOTLAND. 107 



&quot; praevalet :&quot; And I do much rejoice to observe such a 

 concurrence in the whole carriage of this cause to 

 this end, that truth may prevail. 



The case no feigned or framed case ; but a true 

 case between true parties. 



The title handled formerly in some of the king s 

 courts, and freehold upon it; used indeed by his 

 majesty in his high wisdom to give an end to this 

 great question, but not raised; * occasio&quot; as the 

 schoolmen say, &quot; arrepta, non porrecta.&quot; 



The case argued in the king s bench by Mr. Walter 

 with great liberty, and yet with good approbation of 

 the court ; the persons assigned to be of counsel on 

 that side, inferior to none of their quality and degree 

 in learning ; and some of them most conversant and 

 exercised in the question. 



The judges in the king s bench have adjourned 

 it to this place for conference with the rest of their 

 brethren. Your lordship, my lord chancellor, though 

 you be absolute judge in the court where you sit, and 

 might have called to you such assistance of judges as 

 to you had seemed good ; yet would not forerun or 

 lead in this case by any opinion there to be given ; 

 but have chosen rather to come yourself to this as 

 sembly ; all tending, as I said, to this end, whereunto 

 I for my part do heartily subscribe, &quot;ut vincat 

 &quot; veritas,&quot; that truth may first appear, and then pre 

 vail. And I do firmly hold, and doubt not but I 

 shall well maintain, that this is the truth, that Calvin 

 the plaintiff is &quot; ipso jure&quot; by the law of England a 

 natural born subject, to purchase freehold, and to 



