ABSTRACT In his 2001 monograph on Aliens in Medieval Law: The Origins of Modern Citizenship, Dr Keechang Kim suggested that there was no evidence before the late fourteenth century that birth beyond the sea made a person an alien. This article discusses a series of cases heard from the mid-thirteenth century onwards in which tenants pleaded the claimant's birth overseas by way of bar to hereditary claims to land and in which it seems to have been treated as a bar in itself, though one to which the king might grant special exemption. This seems to have remained the position until legislation of 1351 (triggered by doubts about the eligibility of two sons of Edward III born overseas to succeed to the throne) which not only confirmed their eligibility but also made the first general extension of the right to inherit to children born overseas to parents in the king's allegiance.

中文翻译：

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英国普通法中“外国人身份”的起源

摘要 在他 2001 年出版的专着《中世纪法律中的外星人：现代公民的起源》中，Keechang Kim 博士表示，在 14 世纪后期之前，没有证据表明出生在海上使一个人成为外星人。本文讨论了从 13 世纪中叶开始听到的一系列案件，其中租户以禁止世袭土地的方式请求索赔人在海外出生，并且土地本身似乎被视为禁止，尽管国王可能会给予特别豁免。