Naturalisation of Jews in England

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Naturalisation of Jews in England Naturalisation of Jews in England J. M. ROSS, C.B.E., M.A. In Part VII of the Miscellanies of this Society were not used in England until the end of the was (published with volume XXII of its Trans? sixteenth century, but the idea much older, an actions in 1970) there was printed a list (com? that is to say, the granting to individual a piled by the lateWilfred S. Samuel) of all of the status of liege subject of the Crown. a Jewish persons endenized and naturalised In earlier times person possessing that status, was as a between 1609 and 1799. Those who refer to that whether by birth or by grant, known list may find themselves asking a number of 'denizen', and the conferment of the status can as or questions, not all of which be answered was known denization endenization. There from Mr. Diamond's introductory note. What is no record of grants of denizen status before was the real difference between naturalisation the second half of the thirteenth century, the and denization? If naturalisation granted a reason no doubt being that under feudal so one a a superior status, why did few Jews acquire it ? conceptions could become vassal of an In the first part of this paper attempt will feudal superior simply by doing homage; thus, the be made to explain the legal and historical for instance, Simon de Montfort about can background against which such questions middle of the century received his English be answered. In the second part some account inheritance without any formal grant of was will be given of the naturalisation of Jews denization, although he foreign-born, and an during the period covered by Mr. Samuel's alien at that time could not inherit real list. In the third part the story will be carried estate. Shortly afterwards, however, foreign were on beyond 1800; some account will be given merchants, who not in any feudal rela? some of the grants of naturalisation to Jews by the tionship, felt the need of formal instru? Home Office from 1845 onwards; and the ment freeing them from the considerable were statistics of Jewish naturalisation will be trading disabilities to which aliens subject; considered in relation to the history of Jewish hence there grew up the practice of granting soon immigration. Finally, by way of illustration, denizen status, first by royal charter, the names will be given of some eminent Jews afterwards by letters patent under the Great who have, in the broader sense of the word, Seal, and by the fourteenth century this had been naturalised, whether by letters patent, become the standard procedure. Act of Parliament, or certificate of the Home Secretary. Parliamentary Naturalisation Until the sixteenth century the only authority I with power to grant denizen status to an individual was the King.1 Normally the grant Legal Background 1 Thus, for instance, a judgment delivered by The of naturalisation and its origins history Hankford, J., in 1413 declared that 'Though an to the seventeenth century contain many alien be sworn in the leet or elsewhere, that does obscurities and have often been misconceived not make him a liege subject of the king, for neither the steward of a lord nor any one else, save the king by writers of legal history. The author of this himself, is able to convert an alien into a subject' has been at to elucidate paper recently pains (Y. B. Hy. 4, Hil. pi. 23, quoted in Holdsworth, a this matter, and the following summary is History ofEnglish Law, IX, 92). There is no evidence result of these researches. to support Holdsworth's statements (ibid. p. 76) that at that time the could 'some The words 'naturalise' and 'naturalisation' King grant only of the incidents of the status' of liege subject, or * on as Paper delivered to the Society 19 January that 'certainly early as, and probably before, 1972. the beginning of the fifteenth century... an 59 Jewish Historical Society of England is collaborating with JSTOR to digitize, preserve, and extend access to Transactions & Miscellanies Jewish Historical Society of England ® www.jstor.org 60 J. M. Ross a two of an was by letters patent, but in small number of methods becoming English subject cases between 1406 and 1439, for reasons were operated side by side. The Parliamentary a was which are obscure, the letters patent were method gave slightly superior status but confirmed in Parliament or the grant was less frequently used, doubtless because Parlia? sat made by confirmation of a petition submitted ment irregularly and many naturalisation was that were out other business and through Parliament. It not until 1542 Bills squeezed by at a contrast the there began a regular practice of granting lapsed the end of Session. By denizen status by Act of Parliament; until 1603 machinery for the grant of letters patent, was in cases it was this procedure resorted to only of cumbrous though might be, always was children born abroad to English fathers,2 but in operation. There little to choose between from the accession of James I the Parliamentary the two methods in point of expense; both were in cases avenue into the status of subject was increas? methods very costly, but both the soon after? to each be reduced to ingly used, first by Scotsmen and expense applicant might the ten or if a number of names were wards by foreigners of all kinds. About twenty pounds the same instrument. same time lawyers began to be of opinion that included in a letters patent made the grantee denizen only for the future: could not retro? they operate Naturalisation Bills not make the spectively and therefore could or enable In the 1700 the difference between person's blood capable of inheritance year was others to inherit from or through him. Only denization and naturalisation still further an Act of Parliament could make the person reduced by an Act of Parliament (11 Will. in c. a subject from birth.3 This slight difference 3 6) which enabled any natural-born subject to or from an the status conferred by letters patent and by of the Grown inherit through Act of Parliament was marked by the adoption ancestor born abroad; from then onwards of the term 'naturalisation' for the latter, an endenized foreigner could pass on his pro? to and the leaving 'denization' to be used only for the perty his heirs, only remaining was that himself could not status conferred by Royal letters patent. disability he inherit. It might have been thought that the 1700 would have increased the The Two Methods Side by Side Act of pro? portion of denizations to naturalisations; but the seventeenth these Throughout century in fact the reverse was the case. From 1704 Act of Parliament was needed to to an alien give onwards, until nearly the end of the century, the full status of a subject.' The case in Y.B. 3 the great majority of applicants went to Hen. 6, Trin. pi. 30, which he quotes in support and often went of this latter statement, says nothing about the Parliament, many years by cites that Alice reason powers of the King but merely without a single grant of denization. The Countess of Arundel was authorised Parliament by is not clear, but it may be supposed that as in the reign of Henry IV to purchase lands like Parliament now sat regularly it was easier to any other legal person within the realm. 2 a this method The reason for this may have been that these get Bill through, and since gave were as or was moment grants regarded extensions interpreta? a legally superior status which of tions of a statute in 1351 which acknowledged was passed to a few wealthy applicants, it easier for the rights of inheritance of children born out of the others to save expense by getting their names ligeance of the King, whose fathers and mothers in a naturalisation Bill than to wait are at the time of their birth of the faith and ligeance included an Parliament was in of the King. Since Act of until enough names had accumulated in the issue, it was proper that the status a perhaps thought Signet Office for inclusion in patent of of such children should be settled by an Act of denization. Thus during most of the eighteenth Parliament, not by the Royal prerogative. 3 the to be endenized letters This doctrine first appears in Sir Robert century only people by it was asserted who Brooke's Graunde Abridgment (1568); patent were, for practical purposes, those Sir Francis Bacon in 1608 as Solicitor General by were for Parliamentary was technically disqualified in Calvin's Case (2 St. Tr. 582); it not judicially naturalisation; and this is in the affirmed until 1664 in the case of Collingwood v. important for will be Pace (1 Vent. 418-419). present context, (as shortly shown) Naturalisation of Jews in England 61 the principal categories of people thus disquali? in favour of Isaac Aaron Abensur, Jewish fied were Roman Catholics and Jews. banker in Tangier, who had rendered valuable we come as Before, however, to the specific services interpreter to the British Legation. case of the Jews, it may be useful to complete To complete the background picture it the story of the legal background. The two should be mentioned that in 1844 the cost of was one procedures of naturalisation and denization naturalisation reduced to less than continued until 1844 to be the only ways of pound, and this resulted in a tenfold increase becoming a British subject otherwise than by in the yearly number of foreigners denizated birth.
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