160 CASE OF THE POST-NATI OF SCOTLAND. 



the time of king John there was no colour of any 

 escheat, because they were the king s subjects in 

 possession, as Scotland now is ; but only determines 

 the law from that time forward. 



This statute, if it had in it any obscurity, it is 

 taken away by two lights, the one placed before it ; 

 and the other placed after it ; both authors of great 

 credit, the one for ancient, the other for late times : 

 the former is Bracton, in his cap. &quot; De exceptionibus,&quot; 

 lib. 5. fol. 427. and his words are these: ft Est 

 &quot; etiam et alia exceptio qua? tenenti competit ex 

 &quot; persona petentis, propter defectum nationis, qua? 

 &quot; dilatoria est, et non perimit actionem, ut si quis 

 &quot; alienigena qui fuerit ad fidem regis Franciae, et 

 &quot; actionem instituat versus aliquem, qui fuerit ad 

 &quot; fidem regis AngliaB, tali non respondeatur, saltern 

 &quot; donee terras fuerint communes.&quot; 



By these words it appeareth, that after the loss 

 of the provinces beyond the seas, the naturalization 

 of the subjects of those provinces was in no sort 

 extinguished, but only was in suspense during the 

 time of war, and no longer ; for he saith plainly, 

 that the exception, which we call plea, to the person 

 of an alien, was not peremptory, but only dilatory, 

 that is to say, during the time of war, and until there 

 were peace concluded, which he terms by these words, 

 &quot; donee terras fuerint communes :&quot; which, though 

 the phrase seem somewhat obscure, is expounded by 

 Bractoa himself in his fourth book, fol. 297. to be of 

 peace made and concluded, whereby the inhabitants 

 of England and those provinces might enjoy the 



