Denizen
Encyclopedia
Denization is an obsolete process in English Common Law
, dating from the 13th century, by which a foreigner became a denizen, gaining some privileges of a British
subject, including the right to hold English land, through letters patent
. Denization fell into disuse when statutory mechanisms for naturalisation developed.
, an exercise of the royal prerogative. Denizens paid a fee and took an oath of allegiance to the crown.
The denizen was not a citizen nor an alien: but had a status akin to permanent residency
today; it has also been compared to the Roman civitas sine suffragio
, although the rights of denizens were restricted by the Act of Settlement 1701
, not by common
or immemorial
law. Sir William Blackstone noted:
The denizen was not a citizen because he did not have any political rights: he could not be a member of parliament or hold any civil or military office. However, the status of denizen allowed a foreigner to purchase property, although a denizen could not inherit property. Historically, paying for letters patent
was thus a requirement of foreign land ownership in England.
Denization was expressly preserved by the Naturalisation Act of 1870 and by s25 of the British Nationality and Status of Aliens Act 1914 . (See Early British Nationality Law.) According to the British Home Office, the last denization was granted to the Dutch painter Lawrence Alma-Tadema
in 1873; the Home Office considered it obsolete when the Prince of Pless applied for it in 1933, and instructed him to apply for naturalization instead. The British Nationality Act 1948, a major reform of citizenship law in Britain, made no mention of denization and neither abolished nor preserved the practice.
Denization, as an exercise of royal power, was applicable throughout the British dominion to all British subjects. That is, it was exercisable in the colonies. For example, denization occurred in the colony of New South Wales
. As in England, the practice became obsolete to naturalisation, with the last known denization in 1848.
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
, dating from the 13th century, by which a foreigner became a denizen, gaining some privileges of a British
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
subject, including the right to hold English land, through letters patent
Letters patent
Letters patent are a type of legal instrument in the form of a published written order issued by a monarch or president, generally granting an office, right, monopoly, title, or status to a person or corporation...
. Denization fell into disuse when statutory mechanisms for naturalisation developed.
Denization at English Common Law
Denization occurred by a grant of letters patentLetters patent
Letters patent are a type of legal instrument in the form of a published written order issued by a monarch or president, generally granting an office, right, monopoly, title, or status to a person or corporation...
, an exercise of the royal prerogative. Denizens paid a fee and took an oath of allegiance to the crown.
The denizen was not a citizen nor an alien: but had a status akin to permanent residency
Permanent residency
Permanent residency refers to a person's visa status: the person is allowed to reside indefinitely within a country of which he or she is not a citizen. A person with such status is known as a permanent resident....
today; it has also been compared to the Roman civitas sine suffragio
Civitas sine suffragio
Civitas sine suffragio was a level of citizenship in the Roman Republic which granted all the rights of Roman citizenship except the right to vote in popular assemblies. This status was first extended to some of the city-states which had been incorporated into the Republic following the break-up...
, although the rights of denizens were restricted by the Act of Settlement 1701
Act of Settlement 1701
The Act of Settlement is an act of the Parliament of England that was passed in 1701 to settle the succession to the English throne on the Electress Sophia of Hanover and her Protestant heirs. The act was later extended to Scotland, as a result of the Treaty of Union , enacted in the Acts of Union...
, not by common
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
or immemorial
Time immemorial
Time immemorial is a phrase meaning time extending beyond the reach of memory, record, or tradition, indefinitely ancient, "ancient beyond memory or record"...
law. Sir William Blackstone noted:
- "A denizen is a kind of middle state, between an alien and a natural-born subject, and partakes of both." – (Blackstone: Commentaries, Book 1, Chapter X, p374)
The denizen was not a citizen because he did not have any political rights: he could not be a member of parliament or hold any civil or military office. However, the status of denizen allowed a foreigner to purchase property, although a denizen could not inherit property. Historically, paying for letters patent
Letters patent
Letters patent are a type of legal instrument in the form of a published written order issued by a monarch or president, generally granting an office, right, monopoly, title, or status to a person or corporation...
was thus a requirement of foreign land ownership in England.
Denization was expressly preserved by the Naturalisation Act of 1870 and by s25 of the British Nationality and Status of Aliens Act 1914 . (See Early British Nationality Law.) According to the British Home Office, the last denization was granted to the Dutch painter Lawrence Alma-Tadema
Lawrence Alma-Tadema
Lawrence Alma-Tadema, OM, RA was a Dutch painter.Born in Dronrijp, the Netherlands, and trained at the Royal Academy of Antwerp, Belgium, he settled in England in 1870 and spent the rest of his life there...
in 1873; the Home Office considered it obsolete when the Prince of Pless applied for it in 1933, and instructed him to apply for naturalization instead. The British Nationality Act 1948, a major reform of citizenship law in Britain, made no mention of denization and neither abolished nor preserved the practice.
Denization, as an exercise of royal power, was applicable throughout the British dominion to all British subjects. That is, it was exercisable in the colonies. For example, denization occurred in the colony of New South Wales
New South Wales
New South Wales is a state of :Australia, located in the east of the country. It is bordered by Queensland, Victoria and South Australia to the north, south and west respectively. To the east, the state is bordered by the Tasman Sea, which forms part of the Pacific Ocean. New South Wales...
. As in England, the practice became obsolete to naturalisation, with the last known denization in 1848.