The third platform is the government of God himself over the world, whereof lawful monarchies are a shadow. And therefore both amongst the Heathen, and amongst the Christians, the word, sacred, hath been attributed unto kings, because of the conformity of a monarchy with a divine Majesty: never to a senate or people. And so you find it twice in the lord Coke's Reports; once in the second book, the bishop of Winchester's case; and his fifth book, Cawdrie's case; and more anciently in the 10 of H. VII. fol. 18. Rex est persona mixta cum sacerdote; an attribute which the senate of Venice, or a canton of Swisses, can never challenge. So, we see, there be precedents or platforms of monarchies, both in nature, and above nature; even from the monarch of heaven and earth to the king, if you will, in an hive of bees. And therefore other states are the creatures of law: and this state only subsisteth by nature.

For the original submissions, they are four in number: I will briefly touch them. The first is paternity or patriarchy, which was when a family growing so great as it could not contain itself within one habitation, some branches of the descendants were forced to plant themselves into new families, which second families could not by a natural instinct and inclination but bear a reverence, and yield an obeisance to the eldest line of the ancient family from which they were derived.

The second is, the admiration of virtue, or gratitude towards merit, which is likewise naturally infused into all men. Of this Aristotle putteth the case well; when it was the fortune of some one man, either to invent some arts of excellent use towards man's life, or to congregate people, that dwelt scattered, into one place, where they might cohabit with more comfort, or to guide them from a more barren land to a more fruitful, or the like: upon these deserts, and the admiration and recompense of them, people submitted themselves.

The third, which was the most usual of all, was conduct in war, which even in nature induceth as great an obligation as paternity. For as men owe their life and being to their parents in regard of generation, so they owe it also to saviours in the wars in regard of preservation. And therefore we find in chap. xviii. of the book of Judges, ver. 22. Dixerunt omnes viri ad Gideon, Dominare nostri, tu et filii tui, quoniam servasti nos de manu Madian. And so we read when it was brought

unto the ears of Saul, that the people sung in the streets, Saul hath killed his thousand, and David his ten thousand of enemies, he said straightways: Quid ei superest nisi ipsum regnum? For whosoever hath the military dependence, wants little of being king.

The fourth is an inforced submission, which is conquest, whereof it seemed Nimrod was the first precedent, of whom it is said; Ipse cœpit potens esse in terra, et erat robustus venator coram Domino. And this likewise is upon the same root, which is the saving or gift as it were of life and being. For the conqueror hath power of life and death over his captives; and therefore where he giveth them themselves, he may reserve upon such a gift what service and subjection he will. All these four submissions are evident to be natural and more ancient than law.

To speak therefore of law, which is the second part of that which is to be spoken of by way of inducement.

Law no doubt is the great organ by which the sovereign power doth move, and may be truly compared to the sinews in a natural body, as the sovereignty may be compared to the spirits for if the sinews be without the spirits, they are dead and without motion; if the spirits move in weak sinews, it causeth trembling: so the laws, without the king's power, are dead; the king's power, except the laws be corroborated, will never move constantly, but be full of staggering and trepidation. But towards the king himself the law doth a double office or operation: the first is to intitle the king, or design him and in that sense Bracton saith well, lib. 1. fol. 5. and lib. 3. fol. 107. Lex facit quod ipse sit Rex; that is, it defines his title; as in our law, That the kingdom shall go to the issue female; that it shall not be departable among daughters; that the halfblood shall be respected, and other points differing from the rules of common inheritance. The second is, that whereof we need not fear to speak in good and happy times, such as these are, to make the ordinary power of the king more definite or regular. For it was well said by a father, plenitudo potestatis est plenitudo tempestatis. And although the king, in his person, be solutus legibus, yet his acts and grants are limited by law, and we argue them every day.

But I demand, Do these offices or operations of law evacuate or frustrate the original submission, which was natural? Or

shall it be said that all allegiance is by law? No more than it can be said, that potestas patria, the power of the father over the child, is by law. And yet no doubt laws do diversely define of that also; the law of some nations having given the fathers power to put their children to death; others, to sell them thrice; others, to disinherit them by testament at pleasure, and the like. Yet no man will affirm, that the obedience of the child is by law, though laws in some points do make it more positive and even so it is of allegiance of subjects to hereditary monarchs, which is corroborated and confirmed by law, but is the work of the law of nature. And therefore you shall find the observation true, and almost general in all states, that their lawgivers were long after their first kings, who governed for a time by natural equity without law: so was Theseus long before Solon in Athens: so was Eurytion et Sous long before Lycurgus in Sparta: so was Romulus long before the Decemviri. And even amongst ourselves there were more ancient kings of the Saxons; and yet the laws ran under the name of Edgar's laws. And in the refounding of the kingdom in the person of William the Conqueror, when the laws were in some confusion for a time, a man may truly say that king Edward I. was the first lawgiver, who, enacting some laws and collecting others, brought the law to some perfection. And therefore I will conclude this point with the stile which divers acts of parliaments do give unto the king: which term him very effectually and truly, "our natural sovereign and liege lord." And as it was said by a principal judge here present when he served in another place, and question was moved by some occasion of the title of Bullein's lands, that he would never allow that queen Elizabeth (I remember it for the efficacy of the phrase) should be a statute Queen, but a common-law Queen so surely I shall hardly consent that the King shall be esteemed or called only our rightful sovereign, or our lawful sovereign, but our natural liege sovereign; as acts of parliament speak for as the common law is more worthy than the statute law; so the law of nature is more worthy than them both.

Having spoken now of the king and the law, it remaineth to speak of the privilege and benefit of naturalization itself; and that according to the rules of the law of England.

Naturalization is best discerned in the degrees whereby the law doth mount and ascend thereunto. For it seemeth ad

mirable unto me, to consider with what a measured hand and with how true proportions our law doth impart and confer the several degrees of this benefit. The degrees are four.

The first degree of persons, as to this purpose, that the law takes knowledge of, is an alien enemy; that is, such a one as is born under the obeisance of a prince or state that is in hostility with the king of England. To this person the law giveth no benefit or protection at all, but if he come into the realm after war proclaimed, or war in fact, he comes at his own peril, he may be used as an enemy: for the law accounts of him, but, as the Scripture saith, as of a spy that comes to see the weakness of the land. And so is 2 Ric. III. fol. 2. Nevertheless this admitteth a distinction. For if he come with safe-conduct otherwise it is: for then he may not be violated, either in person or goods. But yet he must fetch his justice at the fountain-head, for none of the conduit pipes are open to him; he can have no remedy in any of the king's courts; but he must complain himself before the king's privy council: there he shall have a proceeding summary from hour to hour, the cause shall be determined by natural equity, and not by the rules of law; and the decree of the council shall be executed by aid of the chancery, as in 13 E. IV. And this is the first degree.

The second person is an alien friend, that is, such a one as is born under the obeisance of such a king or state as is confederate with the king of England, or at least not in war with him. To this person the law allotteth this benefit, that as the law accounts that the hold it hath over him is but a transitory hold, (for he may be an enemy,) so the law doth indue him but with a transitory benefit, that is, of movable goods and personal actions. But for freehold, or lease, or actions real or mixt, he is not enabled, except it be in auter droit. And so is 9 E. IV. fol. 7. 19 E. IV. fol. 6. 5 Mar. and divers other books. The third person is a denizen, using the word properly, (for sometimes it is confounded with a natural born subject): This is one that is but subditus insitivus, or adoptivus, and is never by birth, but only by the king's charter, and by no other mean, come he never so young into the realm, or stay he never so long. Mansion or habitation will not indenize him, no, nor swearing obedience to the king in a leet, which doth in-law the subject; but only, as I said, the king's grace and gift. To this person

the law giveth an ability and capacity abridged, not in matter, but in time. And as there was a time when he was no subject, so the law doth not acknowledge him before that time. For if he purchase freehold after his denization, he may take it; but if he have purchased any before, he shall not hold it: so if he have children after, they shall inherit; but if he have any before, they shall not inherit. So as he is but privileged a parte post, as the schoolmen say, and not a parte ante.

The fourth and last degree is a natural born subject, which is evermore by birth, or by act of parliament; and he is complete and entire. For in the law of England there is nil ultra, there is no more subdivision or more subtle division beyond these and therein it seemeth to me that the wisdom of the law, as I said, is to be admired both ways, both because it distinguisheth so far, and because it doth not distinguish farther. For I know that other laws do admit more curious distinction of this privilege; for the Romans had, besides jus civitatis which answereth to naturalization, jus suffragii. For although a man were naturalized to take lands and inheritance, yet he was not enabled to have a voice at passing of laws, or at election of officers. And yet farther they have jus petitionis, or jus honorum. For though a man had voice, yet he was not capable of honour and office. But these be the devices commonly of popular or free estates, (which are jealous whom they take into their number,) and are unfit for monarchies; but by the law of England, the subject that is natural born hath a capacity or ability to all benefits whatsoever: I say capacity or ability; but to reduce potentiam in actum, is another case. For an earl of Ireland, though he be naturalized in England, yet hath no voice in the parliament of England, except he have either a call by writ, or creation by patent; but he is capable of either. But upon this quadripartite division of the ability of persons I do observe to your lordships three things, being all effectually pertinent to the question in hand.

The first is, that if any man conceive that the reasons for the Post-nati might serve as well for the Ante-nati, he may by the distribution which we have made plainly perceive his error. For the law looketh not back, and therefore cannot by any ex post facto, after birth, alter the state of the birth; wherein no doubt the law hath a grave and profound reason; which is this, in a few words, Nemo subito fingitur; aliud est nasci, aliud