1 4 OftJie King's Right to Allegiance. [Ch. 11. Sec. I. every purpose, unless their said fathers at the time of the birth of such children abroad, were either attainted of high treason, or liable to the penalties of high treason, or felony, in case of their returning into England or Ireland, without the King's licence ; or in the actual service of a prince at enmity with Great Britain. If, however, an English woman, a natu- ral born subject of this realm, marry an alien abroad, their issue are aliens also, as none of the statutes make any provi- sion for such a case, (a) By various Acts of Parliament, persons not natural born sub- jects may, in certain cases, become naturalized, as if they were bom within the King's territories. Thus every foreign seaman, who in time of war serves two years on board an English ship, by virtue of the King's proclamation is, ipso facto, naturalized, under the like restrictions as in statute 12 W. S. c. 2. (b) and all foreign Protestants and Jews, upon their residing seven years in any of the American colonies, without being absent above two months at a time ; and all foreign Protestants, serving two years in a military capacity there, or being three years employed in the whale fishery, without afterwards ab- senting themselves from the King's dominions for more tlian one year, and none of them falling within the incapacities de- clared by statute 4? G. 2. c. 21. shall be (upon taking the oaths of allegiance and abjuration, or, in some cases, an affir- mation to the same effect) naturalized to all intents and pur- poses, as if they had been born in this kingdom ; except as to sitting in Parliament, or in Privy Council, and holding offices or grants of land, &c. from the Crown, within the kingdoms of Great Britain or Ireland, {c) Though it has been asserted that the King may nullify fca: the future, that allegiance which natural born subjects owe him, by ceding a colony in which they live to another potentate ; [d) yet there can be no doubt that his Majesty is not by law enabled to naturalize an alien. To effect that, an Act of Parliament is necessary, and such act cancels all defects of blood, and has a retrospective energy, so as to enable a son born before theixa- (a) 4 Term Rep. 300. an English born subject are personal, un- {b) 13 Geo.2. c. 3. changeable, and indelible, and that the (c) Stat. 13 Geo. ?. n. 7. King caianot take away this birthright (rf) See 1 Wooddn. 382. But this is by without the aid of Parliament. Sec se- BO means clear : it has been strongly veral able opinioM in Chalmers. See urgped that the character and rights of ante 12. 7 turalization
