CASE OF THE POST-NATI OF SCOTLAND. 117 



own peril, he may be used as an enemy : for the law 

 accounts of him, but, as the Scripture saith, as of a 

 spy that comes to see the weakness of the land. And 

 so it is in 2 Ric. III. fol. 2. Nevertheless this admit- 

 teth a distinction. For if he come with safe-conduct 

 otherwise it is : for then he may not be violated, 

 either in person or goods. But yet he must fetch 

 his justice at the fountain-head, for none of the 

 conduit pipes are open to him ; he can have no 

 remedy in any of the king s courts; but he must 

 complain himself before the king s privy council : 

 there he shall have a proceeding summary from hour 

 to hour, the cause shall be determined by natural 

 equity, and not by rules of law ; and the decree of 

 the council shall be executed by aid of the chancery, 

 as in 13 Ed. IV. and this is the first degree. 



The second person is an alien friend, that is, such 

 a one as is born under the obeisance of such a king 

 or state as is confederate with the king of England, 

 or at least not in war with him. To this person the 

 law allotteth this benefit, that as the law accounts 

 that the hold it hath over him, is but a transitory 

 hold, for he may be an enemy, so the law doth indue 

 him but with a transitory benefit, that is, of move- 

 able goods and personal actions. But for free-hold, 

 or lease, or actions real or mixt, he is not enabled, 

 except it be in &quot; autre droit.&quot; And so it is 9 E. IV. 

 fol. 7- 19 E. IV. fol. 6. 5 Mar. and divers other books. 



The third person is a denizen, using the word 

 properly, for sometimes it is confounded with a 

 natural born subject. This is one that is but &quot; sub- 



