156 CASE OF THE FOST-NATI OF SCOTLAND. 



tries accruing by conquest, from countries annexed 

 by descent, in matter of communication of privileges, 

 holdeth both ways, as well of the part of the con 

 quering kingdom, as the conquered ; and therefore 

 that although Normandy was not a conquest of 

 England, yet England was a conquest of Normandy, 

 and so a communication of privileges between them. 

 Again, set aside France, for that it will be said that 

 although the king had a title in blood and by de 

 scent, yet that title was executed and recovered by 

 arms, so as it is a mixt title of conquest and descent, 

 and therefore the precedent not so clear. 



There remains then Gascoigne and Anjou, and 

 that precedent likewise I will reduce and abridge to 

 a time to avoid all question. For it will be said of 

 them also, that after they were lost and recovered 

 &quot; in ore gladii,&quot; that the ancient title of blood was 

 extinct ; and that the king was in upon his new title 

 by conquest ; and Mr. Walter hath found a book 

 case in 13 H. VI. abridged by Mr. Fitz-Herbert, in 

 title of &quot; Protection, placito&quot; 56, where a protection 

 was cast, &quot; quia profecturus in Gasconiam&quot; with the 

 earl of Huntingdon, and challenged because it was 

 not a voyage royal; and the justices thereupon re 

 quired the sight of the commission, which was 

 brought before them, and purported power to pardon 

 felonies and treason, power to coin money, and power 

 to conquer them that resist : whereby Mr. Walter, 

 finding the word conquest, collected that the king s 

 title at that time was reputed to be by conquest ; 

 wherein I may not omit to give t( obiter&quot; that answer, 



