A Supplement to the Investigation of the Native Rights of British Subjects

Cover A Supplement to the Investigation of the Native Rights of British Subjects
A Supplement to the Investigation of the Native Rights of British Subjects
Plowden, Francis, 1749-1829
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And fuch evidently was the right which the mother had, in common with every other fnbjeft, of quitting the kingdom, and con- fequently of communicating to her iffiAe born abroad, the capacity of taking her inheritance within the ligeance of the King of England. For as Lord Bacon cxpreffes it, here ivas no intertnixiure of foreign blood ; and tlie only parent, which the child in this fuppofition had, was ex conftfffo at the ligeance of the King of England.
It is not ferioufly to be imagined, tha
...t the very Parliament, which took fuch cffedual ( 71 ) efPeaual means to afcertain the Law of trealbn, by reducing every crime and pe- nalty to a pofitivc certainty in the 25th year of King Edward III, fliould leave the penalties and difabilities incurred by at- tainders for high treafons, open to the inconveniency and injulVice of being ex- tended by conftruiStion beyond the ftrift letter of the Law. For it muft ever be maintained, if a father having two fons born abroad, the one before, and the other after his attainder, and tlie elder be naturalized by the common Law or ftatute of Edward III, and the younger born after the attainder, fliould be an alien, that an a6tnal difability is commu- nicated by the father to his fon by means of the attainder ; which is both abfurd and falfe : for then the attainder of the hufband would impede the difcent from the mother to her fon, and from one brother to the other ; the contrary of which h?.

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