116 CASE OF THE POST-NATI OF SCOTLAND. 



and arms, power civil and martial, with the latter 

 whereof the law doth not intermeddle : so as where 

 it is much spoken, that the subjects of England are 

 under one law, and the subjects of Scotland are 

 under another law, it is true at Edinburgh or Stir 

 ling, or again in London or York ; but if English 

 men and Scotsmen meet in an army royal before 

 Calais, I hope then they are under one law. So 

 likewise not only in time of war, but in time of pere 

 grination : If a king of England travel or pass 

 through foreign territories, yet the allegiance of his 

 subjects followeth him : as appeareth in that no 

 table case which is reported in Fleta, where one of 

 the train of king Edward I. as he passed through 

 France from the holy land, embezzled some silver 

 plate at Paris, and jurisdiction was demanded of this 

 crime by the French king s counsel at law, &quot; ratione 

 &quot; soli,&quot; and demanded likewise by the officers of king 

 Edward, &quot; ratione personae ;&quot; and after much so 

 lemnity, contestation, and interpleading, it was ruled 

 and determined for king Edward, and the party 

 tried and judged before the knight marshal of the 

 king s house, and hanged after the English law, and 

 execution in St. Germain s meadows. And so much 

 for my first proof. 



For my second iriain proof, that is drawn from 

 the true and legal distinction of the king s several ca 

 pacities ; for they that maintain the contrary opinion 

 do in effect destroy the whole force of the king s na 

 tural capacity, as if it were drowned and swallowed 

 up by his politic. And therefore I will first prove to 



