CASE OF THE POST-NATI OF SCOTLAND. 135 



conquest or occupation, all the Indies had been 

 naturalized by the confession of the adverse part. 

 And therefore since it is confessed, that subjects ob 

 tained by conquest are naturalized, and that all these 

 objections are common and indifferent, as well to 

 case of conquest as case of descent, these objections 

 are in themselves destroyed. 



And therefore, to proceed now to overthrow that 

 distinction of descent and conquest. Plato saith well, 

 the strongest of all authorities is, if a man can allege 

 the authority of his adversary against himself : we do 

 urge the confession of the other side, that they con 

 fessed the Irish are naturalized ; that they confess the 

 subjects of the Isles of Jersey and Guernsey, and 

 Berwick, to be naturalized, and the subjects of 

 Calais and Tournay, when they were English, were 

 naturalized ; as you may find in the 5 Eliz. in Dyer, 

 upon the question put to the judges by Sir Nicholas 

 Bacon, lord keeper. 



To avoid this, they fly to a difference, which is 

 new-coined, and is, (I speak not to the disadvantage 

 of the persons that use it ; for they are driven to it 

 &quot; tanquam ad ultimum refugium ;&quot; but the dif 

 ference itself,) it is, I say, full of ignorance and error. 

 And therefore, to take a view of the supports of this 

 difference, they allege four reasons. 



The first is, that countries of conquest are made 

 parcel of England, because they are acquired by the 

 arms and treasure of England. To this I answer, 

 that it were a very strange argument, that if I wax 

 rich upon the manor of Dale, and upon the revenue 



