154 CASE OP THE POST-NATI OF SCOTLAND. 



acts declare the common law as it is, being by words 

 of recognition and confession. 



And therefore upon the difference of these laws 

 you may substantially ground this position : That 

 the common law of England, upon the adjunction of 

 any kingdom unto the king of England, doth make 

 some degree of union in the crowns and kingdoms 

 themselves ; except by a special act of parliament 

 they be dissevered. 



Lastly, the fifth act of parliament which I pro 

 mised, is the act made in the 4&amp;lt;2 of E. III. cap. 10. 

 which is an express decision of the point in question. 

 The words are, &quot; Item, (upon the petition put into 

 &quot; parliament by the commons) that infants born be- 

 &quot; yond the seas in the seigniories of Calais, and else- 

 &quot; where within the lands and seigniories that pertain 

 &quot; to our sovereign lord the king beyond the seas, be 

 &quot; as able and inheritable of their heritage in England, 

 &quot; as other infants born within the realm of England, 

 &quot; it is accorded that the common law and the statute 

 &quot; formerly made be holden.&quot; 



Upon this act I infer thus much ; first, that such 

 as the petition mentioneth were naturalized, the 

 practice shews : then if so, it must be either by com 

 mon law or statute, for so the words report : not by 

 statute, for there is no other statute but 25 E. III. 

 and that extends to the case of birth out of the king s 

 obedience, where the parents are English : &quot; ergo&quot; 

 it was by the common law, for that only remains. 

 And so by the declaration of this statute at the com 

 mon law, &quot; all infants, born within the lands and 



