CASE OF THE POST-NATI OF SCOTLAND. 119 



to have a voice at passing of laws, or at election 

 of officers. And yet farther they have &quot;jus petiti- 

 &quot; on is,&quot; or &quot;jus honorum.&quot; For though a man had 

 voice, yet he was not capable of honour and office. 

 But these be the devises commonly of popular or 

 free estates, which are jealous whom they take into 

 their number, and are unfit for monarchies ; but by 

 the law of England, the subject of that is natural 

 born hath a capacity or ability to all benefits what 

 soever ; I say capacity or ability : but to reduce 

 &quot; potentiam in actum,&quot; is another case. For an earl 

 of Ireland, though he be naturalized in England, 

 yet hath no voice in the parliament of England, 

 except we have either a call by writ, or creation by 

 patent ; but he is capable of either. But upon this 

 quadripartite division of the ability of persons I do 

 observe to your lordships three things, being all 

 effectually pertinent to the question in hand. 



The first is, that if any man conceive that the 

 reasons for the post-nati might serve as well for the 

 ante-nati, he may by the distribution which we have 

 made plainly perceive his error. For the law looketh 

 not back, and therefore cannot by any matter &quot; ex 

 &quot; post facto,&quot; after birth, alter the state of the birth ; 

 wherein no doubt the law hath a grave and profound 

 reason ; which is this, in a few words, &quot; Nemo subito 

 &quot; fingitur ; aliud est nasci, aliud fieri :&quot; we indeed more 

 respect and affect those worthy gentlemen of Scot 

 land whose merits and conversations we know ; but 

 the law that proceeds upon general reason, and looks 

 upon no men s faces, affecteth and privilegeth those 



