122 CASE OF THE POST-NATI OF SCOTLAND. 



the body politic of the king : so there is confusion of 

 tongues amongst them, as it commonly cometh to 

 pass in opinions that have their foundations in sub 

 tlety and imagination of man s wit, and not in the 

 ground of nature. But to leave their words, and to 

 come to their proofs : they endeavour to prove this 

 conceit by three manner of proofs : first, by reason ; 

 then, by certain inferences out of statutes ; and 

 lastly, by certain book-cases, mentioning and reciting 

 the forms of pleadings. 



The reason they bring is this ; that naturalization 

 is an operation of the law of England ; and so indeed 

 it is, that may be the true genus of it. 



Then they add, that granted, that the law of 

 England is of force only within the kingdom and 

 dominions of England, and cannot operate but where 

 it is in force. But the law is not in force in Scot 

 land, therefore that cannot endure this benefit of 

 naturalization by a birth in Scotland. 



This reason is plausible and sensible, but ex 

 tremely erroneous. For the law of England, for 

 matters of benefit or forfeitures in England, operateth 

 over the world. And because it is truly said that 

 &quot; respublica continetur prena et proemio,&quot; I will put 

 a case or two of either. 



It is plain that if a subject of Englaud had con 

 spired the death of the king in foreign parts, it was 

 by the common law of England treason. How 

 prove I that ? By the statutes of 35 H. VIII. cap. 2 

 wherein you shall find no words at all of making 

 any new case of treason which was not treason 



