For example, Edward Coke asserted that the "Law of Nature is part of the Law of England." Coke, Calvin's Case, or the Case of the Postnati
, in 1 The Selected Writings and Speeches of Sir Edward Coke, supra note 145, at 166,195.
(8) In 1608, Edward Coke recorded the decision in Calvin's Case stating that persons born in Scotland after the ascent of James I to the throne in 1603 (postnati
) were to be considered subjects in his allegiance, while those born prior to his ascent (antenati) were not.
what is not reason is not law."); 7 EDWARD COKE, Calvin's Case, or the Case of the Postnati
, in REPORTS (1608), as reprinted in 1 COKE, SELECTED WRITINGS, supra note 35, at 166 (asserting that "the Law of Nature is part of the Law of England").
(33.) 1 SIR EDWARD COKE, Part Seven of the Reports: Calvin's Case, or the Case of the Postnati
, in THE SELECTED WRITINGS AND SPEECHES OF SIR EDWARD COKE 175-76 (Steve Sheppard ed., 2003) (defining allegiance as a "duplex et reciprocum ligamen; quia sicut subditus regi tenetur ad oboedientiam, ita rex subdito tenetur ad protectionem").
concluding that Scots (postnati
at least) were no longer
The crucial decision was Calvin's Case, the case of postnati
in 1603 for which both Bacon and Ellesmere recorded their fin dings; here the judges acknowledged two main categories of allegiance: natural allegiance determined by birthright (hence the importance of the timing of birth after James' English succession) and legal allegiance confirmed by the oath prescribed by common law.