CASE OF THE POST-NATI OF SCOTLAND. 121 



subjection to law or parliament. And thus much 

 by way of explanation and inducement : which 

 being all matter in effect confessed, is the strong 

 est ground-work to that which is contradicted or 

 controverted. 



There folio weth the confutation of the arguments 

 on the contrary side. 



That which hath been materially objected, may 

 be reduced to four heads. 



The first is, that the privilege of naturalization 

 followeth allegiance, and that allegiance followeth 

 the kingdom. 



The second is drawn from that common ground, 

 &quot; cum duo jura concurrunt in una persona, asquum 

 &quot; est ac si essent in duobus;&quot; a rule, the words whereof 

 are taken from the civil law ; but the matter of it is 

 received in all laws ; being a very line or rule of 

 reason, to avoid confusion. 



The third consisteth of certain inconveniences 

 conceived to ensue of this general naturalization, 

 &quot; ipso jure.&quot; 



The fourth is not properly an objection, but a 

 pre-occupation of an objection or proof on our part, 

 by a distinction devised between countries devolute 

 by descent, and acquired by conquest. 



For the first, it is not amiss to observe that those 

 who maintain this new opinion, whereof there is 

 &quot; altum silentium&quot; in our books of law, are not well 

 agreed in what form to utter and express that : for 

 some said that allegiance hath respect to the law, 

 some to the crown, some to the kingdom, some to 



