CASE OF THE POST-NATI OF SCOTLAND. 161 



profits and fruits of their lands in either place 

 &quot; communiter,&quot; that is, respectively, or as well the 

 one as the other: so as it is clear they were no aliens 

 in right, but only interrupted and debarred of suits 

 in the king s courts in time of war. 



The authority after the statute is that of Mr. 

 Stamford, the best expositor of a statute that hath 

 been in our law ; a man of reverend judgment and 

 excellent order in his writings ; his words are in his 

 exposition upon the branch of the statute which we 

 read before. &quot; By this branch it should appear, that 

 &quot; at this time men of Normandy, Gascoigne, Guienne, 

 &quot; Anjou, and Britain, were inheritable within this 

 &quot; realm, as well as Englishmen, because that they 

 &amp;lt;e were sometimes subjects to the kings of England, 

 &quot; and under their dominion, until king John s time, 

 &quot; as is aforesaid : and yet after his time, those men, 

 &quot; saving such whose lands were taken away for 

 &quot; treason, were still inheritable within this realm 

 &quot; till the making of this statute ; and in the time of 

 &quot; peace between the two kings of England and 

 &quot; France, they were answerable within this realm, 

 if they had brought any action for their lands and 

 &quot; tenements.&quot; 



So as by these three authorities, every one so 

 plainly pursuing the other, we conclude that the 

 subjects of Gascoigne, Guienne, Anjou, and the rest, 

 from their first union by descent, until the making 

 of the statute of &quot; prserogativa regis,&quot; were inherit 

 able in England, and to be answered in the king s 

 courts in all actions, except it were in time of war, 



VOL. v. M 



