Ch. II, Sec, 1.3 Of the King's Right to Aliegiance. IS though their sovereign is at war with this country ; {a) for they equally enjoy his Majesty's protection, (b) It is even stated by Sir M. Foster, to have been laid down at a meeting of all the Judges, that if an alien, seeking the protection of the Crown, and having a family and effects here, should, during a war with his native country, go thither, and there adhere to the King's enemies for purposes of hostility, he may be dealt with as a traitor, (c) But aliens who in an hostile manner invade the kingdom, whether their King be at war or peace with ours, and whether they come by themselves, or in company with JSnglzsk traitors, cannot be punished as traitors, but shall be dealt with by martial law. (d) So with respect to any conquer- ed country it is clear that the inhabitants, when once received into the King's protection, become his subjects ; and are to be universally considered in that light and not as enemies or aliens; but if the territory be lost by conquest, the after-born inhabi- tants are to be considered aliens, {e) The mere birth of a person within this country will not consti- tute him a subject thereof, unless he was also born under the King's obedience and protection; and therefore if foreign ene- mies should invade the realm, and have children born within it, such children would be aliens. (/) But children born here of alien friends are natural born subjects of this country, (g) as are in general children born either in his Majesty's colonies, or plantations, or on those parts of the ocean which are re- puted the English seas, (h) By the common law the children of natural born subjects of this country were aliens if born out of the King's domi- nions : (?) and the only exception allowed was in the case of children of English ambassadors, (k) But by legislative pro- vision (/) all children born out of the King's ligeance, whose fathers (or grandfathers by the father's side) were natural bom subjects, are now natural born subjects themselves for (a) I Wooddn. V. L. 379. (/) 7 Co. R. 18, a. b. {b) See 7 Rep. 6. Dyer, 145. Hob. (g) lb. 1 Inst. 8, a. 1 Bla.Com. 373,374. 271. 2 Salkd. 630. pi. 2. Statute, 32 (h) MoIIoy, 370. Hen. 8. c. 16. 1 Hal. P. C. 59. 1 Bla. (i) 4 Term R. 308, 310. Cora. 370. (A) 7 Rep. 18. (f) Fo8t. C. L. 185. (/) 7 Ann. c. 5. 4 G. 2. c. 21. 13 id) 1 Hawk. P. C. c. 17. «. 6. G. 3. c. 21. Sfe« 1 Bla. Com. 373. 4 (e) Dyer, 224. Vaugh.281. Cowp. Term R. 309. «08. 2 Chalmers' Coll. of Op. 384, 5, &c. every
