Act of Parliament | |
Long title | A Statute for those who are born in Parts beyond Sea. |
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Citation | 25 Edw. 3. Stat. 1 |
Other legislation | |
Amended by | |
Status: Partially repealed | |
Revised text of statute as amended |
De natis ultra mare, also known as the Status of Children Born Abroad Act 1350, [1] [2] [3] was an English statute during the reign of Edward III. It regulated rights of those born overseas, and was an early precursor of British nationality law, and others. Dating from 1351, during the early part of the Hundred Years' War, it addressed the issue of inheritance by foreign-born children, a topical problem. [4] [5]
This statute of 25 Edw. 3 was invoked over 200 years later, in two matters; in the first of those, it did not prove effective since the outcome went in the other direction, but in the second it was significant. In the debate on the succession to Elizabeth I, it was thought by some to be telling against claimants of the House of Stuart. [6] In Calvin's Case , it was also brought up, to argue against the proposed right of inheritance in England of the Scottish post-nati (those born after the Union of Crowns of 1603). [7]
The statute is in Law French:
... la lei de la Corone Dengletere est, & ad este touz jours tiele, que les enfantz des Rois Dengleterre, queu part qils soient neez en Engleterre ou aillors, sont ables & deivent porter heritage, apres la mort lour auncestors; la queule lei notre Seigneur le Roi, les [ditz] Prelatz, Countz, Barons, & autres gantz, & tote la Cõe assemblez el dit plement, approevent & afferment pour touz jours ...
(The text uses scribal abbreviations which cannot be reproduced here; they have been expanded instead.) Statutes of the Realm Volume 1 (1810) translates this into modern English as follows:
... the Law of the Crown of England is, and always hath been such, that the Children of the Kings of England, in whatsoever Parts they be born, in England or elsewhere, be able and ought to bear the Inheritance after the death of their Ancestors; which Law our ... Lord the King, the ... Prelates Earls, Barons, and other great Men, and all the Commons assembled in this Parliament, do approve and affirm for ever ...
This "traditional translation" is also given by the UK National Archives at legislation.gov.uk. The ellipses represent words repealed by the Statute Law Revision Act 1948, including the lengthy preamble and the word "said". This is the only part in force today, the rest having been repealed by the British Nationality and Status of Aliens Act 1914 (4 & 5 Geo. 5. c. 17). These repeals are specified in English; they apply to the authorised revised printing in Statutes of the Realm by virtue of section 19 of the Interpretation Act 1978.
Following this, three named persons (Henry son of John Beaumont, Elizabeth daughter of Guy Bryan, and Giles son of Ralph Daubeney, the last being the grandfather of Sir Giles Daubeney), and any others the king saw fit to name, were extended the same right of inheritance. The next clause includes generally any child of English subjects born abroad. Finally, ecclesiastical courts were given jurisdiction to judge claims of bastardy in the case of such children, as they had normally in cases of children born in England.
Barbadian nationality law is regulated by 1966 Constitution of Barbados, as amended; the Barbados Citizenship Act, as amended; and various British Nationality laws. These laws determine who is, or is eligible to be, a national of Barbados. Barbadian nationality is typically obtained under the rules of jus sanguinis, i.e. by birth to a father or in some cases, a mother, with Barbadian nationality. It can also be granted to persons with an affiliation to the country, or to a permanent resident who has lived in the country for a given period of time through naturalisation. There is currently no program in Barbados for citizenship by investment, though they do have a special work visa program. Nationality establishes one's international identity as a member of a sovereign nation. Though it is not synonymous with citizenship, rights granted under domestic law for domestic purposes, the United Kingdom, and thus the Commonwealth, has traditionally used the words interchangeably.
The history of Canadian nationality law dates back over three centuries, and has evolved considerably over that time.
Tanzanian nationality law is regulated by the Constitution of Tanzania, as amended; the Tanzania Citizenship Act, and its revisions; and various international agreements to which the country is a signatory. These laws determine who is, or is eligible to be, a national of Tanzania. The legal means to acquire nationality, formal legal membership in a nation, differ from the domestic relationship of rights and obligations between a national and the nation, known as citizenship. Nationality describes the relationship of an individual to the state under international law, whereas citizenship is the domestic relationship of an individual within the nation. Commonwealth countries, including Tanzania, often use the terms nationality and citizenship as synonyms, despite recognising their legal distinction and the fact that they are regulated by different governmental administrative bodies. For much of Tanzania's history racist policy curtailed domestic rights and nationality. Tanzanian nationality is typically obtained under the principle of jus soli, i.e. by birth in the territory, or jus sanguinis, i.e. by birth in Tanzania or abroad to parents with Tanzanian nationality. It can be granted to persons with an affiliation to the country, or to a permanent resident who has lived in the country for a given period of time through naturalisation.
Ghanaian nationality law is regulated by the Constitution of Ghana, as amended; the Ghana Citizenship Act, and its revisions; and various international agreements to which the country is a signatory. These laws determine who is, or is eligible to be, a national of Ghana. The legal means to acquire nationality, formal legal membership in a nation, differ from the domestic relationship of rights and obligations between a national and the nation, known as citizenship. Nationality describes the relationship of an individual to the state under international law, whereas citizenship is the domestic relationship of an individual within the nation. Ghanaian nationality is typically obtained under the principle of jus sanguinis, born to parents with Ghanaian nationality. It can be granted to persons with an affiliation to the country, or to a permanent resident who has lived in the country for a given period of time through naturalization.
Nigerian nationality law is regulated by the Constitution of Nigeria, as amended, and various international agreements to which the country is a signatory. These laws determine who is, or is eligible to be, a national of Nigeria. The legal means to acquire nationality, formal legal membership in a nation, differ from the domestic relationship of rights and obligations between a national and the nation, known as citizenship. Nationality describes the relationship of an individual to the state under international law, whereas citizenship is the domestic relationship of an individual within the nation. Commonwealth countries often use the terms nationality and citizenship as synonyms, despite their legal distinction and the fact that they are regulated by different governmental administrative bodies. Nigerian nationality is typically obtained under the principal of jus sanguinis, i.e. by birth to parents with Nigerian nationality. It can be granted to persons with an affiliation to the country, or to a permanent resident who has lived in the country for a given period of time through naturalisation.
United Kingdom immigration law is the law that relates to who may enter, work in and remain in the United Kingdom. There are many reasons as to why people may migrate; the three main reasons being seeking asylum, because their home countries have become dangerous, people migrating for economic reasons and people migrating to be reunited with family members.
Grenadian nationality law is regulated by the 1973 Grenadian Constitution, as amended; the Citizenship Act of 1976, and its revisions; and various British Nationality laws. These laws determine who is, or is eligible to be, a national of Grenada. Grenadian nationality is typically obtained either on the principle of jus soli, i.e. by birth in Grenada; or under the rules of jus sanguinis, i.e. by birth abroad to parents with Grenadian nationality. It can also be granted to persons with an affiliation to the country, or to a permanent resident who has lived in the country for a given period of time through naturalisation. There is also, currently a program in Grenada for persons to acquire nationality through investment in the country. Nationality establishes one's international identity as a member of a sovereign nation. Though it is not synonymous with citizenship, for rights granted under domestic law for domestic purposes, the United Kingdom, and thus the Commonwealth, have traditionally used the words interchangeably.
Jamaican nationality law is regulated by the 1962 Constitution of Jamaica, as amended; the Nationality Act of 1962, and its revisions; and various British Nationality laws. These laws determine who is, or is eligible to be, a national of Jamaica. Jamaican nationality is typically obtained either on the principle of jus soli, i.e. by birth in Jamaica; or under the rules of jus sanguinis, i.e. by birth abroad to parents with Jamaican nationality. It can also be granted to persons with an affiliation to the country, or to a permanent resident who has lived in the country for a given period of time through naturalisation. There is not currently a program in Jamaica for persons to acquire nationality through investment in the country. Nationality establishes one's international identity as a member of a sovereign nation. Though it is not synonymous with citizenship, for rights granted under domestic law for domestic purposes, the United Kingdom, and thus the commonwealth, have traditionally used the words interchangeably.
Antiguan and Barbudan nationality law is regulated by the 1981 Constitution of Antigua and Barbuda, the various Antigua and Barbuda Citizenship Acts, the Millennium Naturalisation Act of 2004, and various British Nationality laws. These laws determine who is, or is eligible to be, a national of Antigua and Barbuda. Antiguan and Barbudan nationality is typically obtained either on the principle of jus soli, i.e. by birth in Antigua and Barbuda; or under the rules of jus sanguinis, i.e. by birth abroad to a parent with Antiguan or Barbudan nationality. It can also be granted to persons with an affiliation to the country, by investment in the country's development, or to a permanent resident who has lived in the country for a given period of time through naturalisation. Nationality establishes one's international identity as a member of a sovereign nation. Though it is not synonymous with citizenship, rights granted under domestic law for domestic purposes, the United Kingdom, and thus the commonwealth, has traditionally used the words interchangeably.
Bahamian nationality law is regulated by the 1973 Constitution of the Commonwealth of The Bahamas, as amended; The Bahamas Nationality Act; The Bahamas Immigration Act; and various British Nationality laws. These laws determine who is, or is eligible to be, a national of The Bahamas. Bahamian nationality is typically obtained either on the principle of jus soli, i.e. by birth in The Bahamas; or under the rules of jus sanguinis, i.e. by birth abroad to a father with Bahamian nationality. It can also be granted to persons with an affiliation to the country, or to a permanent resident who has lived in the country for a given period of time through naturalisation. There is currently no program in The Bahamas for citizenship by investment. Nationality establishes one's international identity as a member of a sovereign nation. Though it is not synonymous with citizenship, rights granted under domestic law for domestic purposes, the United Kingdom, and thus the commonwealth, has traditionally used the words interchangeably.
Belizean nationality law is regulated by 1981 Constitution of Belize, as amended; the Belizean Nationality Act, as revised; and various British Nationality laws. These laws determine who is, or is eligible to be, a national of Belize. Belizean nationality is typically obtained either by descent or registration. Descent relies on the principles of jus soli, i.e. by birth in Belize; or under the rules of jus sanguinis, i.e. by birth abroad to parents with Belizean nationality; whereas registration applies to obtaining nationality after birth. There is currently no program in Belize for citizenship by investment, as the previous program lapsed in 2002. Nationality establishes one's international identity as a member of a sovereign nation. Though it is not synonymous with citizenship, rights granted under domestic law for domestic purposes, the United Kingdom, and thus the Commonwealth of Nations, has traditionally used the words interchangeably.
Dominican nationality law is regulated by the 1978 Constitution of the Commonwealth of Dominica, as amended; the Citizenship Act, and its revisions; and various British Nationality laws. These laws determine who is, or is eligible to be, a national of Dominica. Dominican nationality is typically obtained either on the principle of jus soli, i.e. by birth in Dominica; or under the rules of jus sanguinis, i.e. by birth abroad to parents with Dominican nationality. It can also be granted to persons with an affiliation to the country, or to a permanent resident who has lived in the country for a given period of time through naturalisation. There is also, currently a program in Dominica for acquiring nationality by investment. Nationality establishes one's international identity as a member of a sovereign nation. Though it is not synonymous with citizenship, for rights granted under domestic law for domestic purposes, the United Kingdom, and thus the commonwealth, have traditionally used the words interchangeably.
Eswatini nationality law is regulated by the Constitution of Eswatini, as amended; the Swaziland Citizenship Act, and its revisions; and various international agreements to which the country is a signatory. These laws determine who is, or is eligible to be, a national of Eswatini. The legal means to acquire nationality, formal legal membership in a nation, differ from the domestic relationship of rights and obligations between a national and the nation, known as citizenship. Nationality describes the relationship of an individual to the state under international law, whereas citizenship is the domestic relationship of an individual within the nation. Eswatini nationality is typically obtained under the principle of jus soli, i.e. by birth in Eswatini, or jus sanguinis, born to parents with Eswatini nationality. It can be granted to persons with an affiliation to the country, or to a permanent resident who has lived in the country for a given period of time through naturalisation or the traditional khonta system.
Gambian nationality law is regulated by the Constitution of The Gambia, as amended; The Gambia Nationality and Citizenship Act, and its revisions; and various international agreements to which the country is a signatory. These laws determine who is, or is eligible to be, a national of The Gambia. The legal means to acquire nationality, formal legal membership in a nation, differ from the domestic relationship of rights and obligations between a national and the nation, known as citizenship. Nationality describes the relationship of an individual to the state under international law, whereas citizenship is the domestic relationship of an individual within the nation. Gambian nationality is typically obtained under the principle of jus sanguinis, born to parents with Gambian nationality. It can be granted to persons with an affiliation to the country, or to a permanent resident who has lived in the country for a given period of time through naturalisation.
Basotho nationality law is regulated by the Constitution of Lesotho, as amended; the Lesotho Citizenship Order, and its revisions; the 1983 Refugees Act; and various international agreements to which the country is a signatory. These laws determine who is, or is eligible to be, a national of Lesotho. The legal means to acquire nationality, formal legal membership in a nation, differ from the domestic relationship of rights and obligations between a national and the nation, known as citizenship. Nationality describes the relationship of an individual to the state under international law, whereas citizenship is the domestic relationship of an individual within the nation. In Britain and thus the Commonwealth of Nations, though the terms are often used synonymously outside of law, they are governed by different statutes and regulated by different authorities. Basotho nationality is typically obtained under the principle of jus soli, born in Lesotho, or jus sanguinis, i.e. by birth in Lesotho or abroad to parents with Basotho nationality. It can be granted to persons with an affiliation to the country, or to a permanent resident who has lived in the country for a given period of time through naturalisation.
Malawian nationality law is regulated by the Constitution of Malawi, as amended; the Malawian Citizenship Act, and its revisions; and various international agreements to which the country is a signatory. These laws determine who is, or is eligible to be, a national of Malawi. The legal means to acquire nationality, formal legal membership in a nation, differ from the domestic relationship of rights and obligations between a national and the nation, known as citizenship. Nationality describes the relationship of an individual to the state under international law, whereas citizenship is the domestic relationship of an individual and the nation. Malawian nationality is typically obtained under the principle of jus soli, i.e. by birth in Malawi, or jus sanguinis, born to a father with Malawian nationality. It can be granted to persons with an affiliation to the country, or to a permanent resident who has lived in the country for a given period of time through naturalisation.
Mauritian nationality law is regulated by the Constitution of Mauritius, as amended; the Mauritius Citizenship Act, and its revisions; and various international agreements to which the country is a signatory. These laws determine who is, or is eligible to be, a national of Mauritius. The legal means to acquire nationality, formal legal membership in a nation, differ from the domestic relationship of rights and obligations between a national and the nation, known as citizenship. Nationality describes the relationship of an individual to the state under international law, whereas citizenship is the domestic relationship of an individual within the nation. In Britain and thus the Commonwealth of Nations, though the terms are often used synonymously outside of law, they are governed by different statutes and regulated by different authorities. Mauritian nationality is typically obtained under the principle of jus sanguinis, i.e. by birth in Mauritius or abroad to parents with Mauritian nationality. It can be granted to persons with an affiliation to the country, or to a permanent resident who has lived in the country for a given period of time through naturalisation.
Seychellois nationality law is regulated by the Constitution of Seychelles, as amended; the Citizenship Act, and its revisions; and various international agreements to which the country is a signatory. These laws determine who is, or is eligible to be, a national of Seychelles. The legal means to acquire nationality, formal legal membership in a nation, differ from the domestic relationship of rights and obligations between a national and the nation, known as citizenship. Nationality describes the relationship of an individual to the state under international law, whereas citizenship is the domestic relationship of an individual within the nation. In Britain and thus the Commonwealth of Nations, though the terms are often used synonymously outside of law, they are governed by different statutes and regulated by different authorities. Seychellois nationality is typically obtained under the principal of jus sanguinis, i.e. by birth in Seychelles or abroad to parents with Seychellois nationality. It can be granted to persons with an affiliation to the country, or to a permanent resident who has lived in the country for a given period of time through naturalisation or registration.
Sierra Leonean nationality law is regulated by the Constitution of Sierra Leone, as amended; the Citizenship Act, and its revisions; and various international agreements to which the country is a signatory. These laws determine who is, or is eligible to be, a national of Sierra Leone. The legal means to acquire nationality, formal legal membership in a nation, differ from the domestic relationship of rights and obligations between a national and the nation, known as citizenship. Nationality describes the relationship of an individual to the state under international law, whereas citizenship is the domestic relationship of an individual within the nation. In Britain and thus the Commonwealth of Nations, though the terms are often used synonymously outside of law, they are governed by different statutes and regulated by different authorities. Sierra Leonean nationality is based on descent from a person who is Negro-African, regardless of whether they were born in Sierra Leone, jus soli, or abroad to a Sierra Leonean, jus sanguinis. The Negro clause was inserted based upon the founding of the colony as a refuge for former slaves to prevent economically powerful communities from obtaining political power. It can be granted to persons with an affiliation to the country, or to a permanent resident who has lived in the country for a given period of time through naturalisation.
Zambian nationality law is regulated by the Constitution of Zambia, as amended; the Citizenship of Zambia Act; and various international agreements to which the country is a signatory. These laws determine who is, or is eligible to be, a national of Zambia. The legal means to acquire nationality, formal legal membership in a nation, differ from the domestic relationship of rights and obligations between a national and the nation, known as citizenship. Nationality describes the relationship of an individual to the state under international law, whereas citizenship is the domestic relationship of an individual within the nation. Commonwealth countries often use the terms nationality and citizenship as synonyms, despite their legal distinction and the fact that they are regulated by different governmental administrative bodies. Zambian nationality is typically obtained under the principals of jus soli, i.e. birth in Zambia, or jus sanguinis, i.e. by birth to parents with Zambian nationality. It can be granted to persons with an affiliation to the country, or to a permanent resident who has lived in the country for a given period of time through registration.