CASE OF THE POST-NATI OF SCOTLAND. 123 



before, but only of ordaining a form of trial ; &quot; ergo,&quot; 

 it was treason before : and if so, then the law 

 of England works in foreign parts. So of con 

 tempts, if the king send his privy seal to any subject 

 beyond the seas, commanding him to return, and he 

 disobey, no man will doubt but there is a contempt 

 and yet the fact enduring the contempt was com 

 mitted in foreign parts. 



Therefore the law of England doth extend to acts 

 or matters done in foreign parts. So of reward, 

 privilege or benefit, we need seek no other instance 

 than the instance in question ; for I will put you a 

 case that no man shall deny, where the law of 

 England doth work and confer the benefit of natu 

 ralization upon a birth neither within the dominions 

 of the kingdom, nor king of England. By the 

 statute of 25 E. III. which, if you will believe Hussey, 

 is but a declaration of the common law, all children 

 bom in any parts of the world, if they be of English 

 parents continuing at that time as liege subjects to 

 the king, and having done no act to forfeit the benefit 

 of their allegiance, are &quot; ipso facto&quot; naturalized. 

 Nay, if a man look narrowly into the law in this 

 point, he shall find a consequence that may seem at 

 the first strange, but yet cannot be well avoided ; 

 which is, that if divers families of English men and 

 women plant themselves at Middleborough, or at 

 Roan, or at Lisbon, and have issue, and their de 

 scendants do intermarry amongst themselves, with 

 out any intermixture of foreign blood ; such descend 

 ants are naturalized to all generations : for every 



