108 CASE OP THE POST-NATI OF SCOTLAND. 



bring real actions within England. In this case I 

 must so consider the time, as I must much more con 

 sider the matter. And therefore though it may 

 draw my speech into farther length ; yet I dare not 

 handle a case of this nature confusedly, but purpose 

 to observe the ancient and exact form of pleadings ; 

 which is, 



First, to explain or induce. 



Then, to confute, or answer objections. 



And lastly, to prove, or confirm. 



And first for explanation. The outward question 

 in this case is no more, but, Whether a child, born in 

 Scotland since his majesty s happy coming to the 

 crown of England, be naturalized in England, or no ? 

 But the inward question or state of the question 

 evermore beginneth where that which is confessed on 

 both sides doth leave. 



It is confessed, that if these two realms of Eng 

 land and Scotland were united under one law and 

 one parliament, and thereby incorporated and made 

 as one kingdom, that the &quot; Post-natus&quot; of such 

 an union should be naturalized. 



It is confessed, that both realms are united in the 

 person of our sovereign ; or, because I will gain no 

 thing by surreption, in the putting of the question, 

 that one and the same natural person is king of both 

 realms. 



It is confessed, that the laws and parliaments are 

 several. So then, Whether this privilege and bene 

 fit of naturalization be an accessory or dependency 

 upon that which is one and joint, or upon that which 



