1 16 CASE OF THE POST-NATI OF SCOTLAND. 



stile which divers acts of parliaments do give unto 

 the king : which term him very effectually and truly* 

 &quot; our natural sovereign liege lord.&quot; And as it was 

 said by a principal judge here present when he 

 served in another place, and question was moved by 

 some occasion of the title of Bullein s lands, that he 

 would never allow that queen Elizabeth (I remember 

 it for the efficacy of the phrase) should be a statute 

 queen, but a common-law queen : so surely I shall 

 hardly consent that the king shall be esteemed or 

 called only our rightful sovereign, or our lawful 

 sovereign, but our natural liege sovereign; as acts of 

 parliament speak : for as the common law is moire 

 worthy than the statute law ; so the law of nature 

 is more worthy than them both. Having spoken 

 now of the king and the law, it remaineth to speak 

 of the privilege and benefit of naturalization itself; 

 and that according to the rules of the law of England. 



Naturalization is best discerned in the degrees 

 whereby the law doth mount and ascend thereunto. 

 For it seemeth admirable unto me, to consider with 

 what a measured hand and with how true propor 

 tions our law doth impart and confer the several 

 degrees of this benefit. The degrees are four. 



The first degree of persons, as to this purpose, 

 that the law takes knowledge of, is an alien enemy ; 

 that is, such a one as is born under the obeisance of a 

 prince or state that is in hostility with the king of 

 England. To this person the law giveth no benefit 

 or protection at all, but if he come into the realm 

 after war proclaimed, or war in fact, he comes at his 



