II.   Sovereign

A Subject is a 16th Century word describing one who owes their allegiance to a higher office or body politic and accepts the jurisdiction (subject jurisdiction) of their laws.

The word Subject is derived directly from the Latin word subiecto meaning “to submit; to surrender”. The word first entered the English language in the late 16th Century (along with over two thousand five hundred (2,500) other legal terms) through the Shakespeare folio in which it is mentioned in context over one hundred seventy six (176) times. The use and versatility of the word enabled it to replace both the concept of “vassal” as well as “serf” (slave) into one (1) concept.

The earliest reference to Subject in terms of statute in Western - Roman Law appears in 1708 through Queen Anne of Great Britain:

(i) In 1700, King William III introduced the concept through 11 & 12 W. 3. c. 6 of “natural born” subjects whereby those born in the realm of England or Wales could inherit the property of their father or mother, even though their parents were aliens. This permitted the introduction of the concept for the first time in history that inheritance and property rights were associated with membership to a society (realm) not simply a product of physical native birth upon the soil of a particular place; and

(ii) In 1708, Queen Anne through 7 Anne, c.5 (1708) defined that the Scottish peers and politicians that had agreed to cede the sovereignty of Scotland into a “union” with England to form Great Britain were to be considered “natural born” subjects. The act also stated the concept that the children of “natural born” subjects of Great Britain themselves are automatically “natural born” subjects regardless of where they are born overseas. For the first time, this act introduced the concept that one could be considered “as if born in the realm” whilst being in a completely different location, enabling multiple locations of people in different parts of the world all to be considered “subjects”; and

(iii) In 1731, King George II through 4 Geo. II c.21 qualified the previous 1708 Act of Anne on “natural born” subjects by distinguishing the concept that excluding those accused of treason or working with enemies or refusing to profess themselves a protestant, those children of “natural born” subjects of the realm of England inherited the privileges of their parents as “natural born” subjects of the realm of England but those children of “natural born” subjects of Great Britain only inherited the privileges of a “natural born” subject of Great Britain. Thus, this Act far from improving the rights of subjects deprived Catholics and ancient Irish families of any remaining protection of the law of their land holdings ; and

(iv) In 1752, through 25 Geo. II c. 39 King George II clarified his previous act concerning “natural born” subjects and made perpetual 11 & 12 W. 3. c. 6 concerning the inheritance of estates by subjects with the proviso that sons take precedence over daughters and should no sons be borne then daughters shall share the estate equally.

(v) In 1773, through 13 Geo. III c. 21 King George III again reinforced the validity and perpetuity of 4 Geo. II c.21 (1731) as well as 5 Geo. I c.27 and I Geo. I c.13 (1714).

(vi) In 1914, through 4 & 5 Geo. 5 c. 17 (also known as the British Nationality and Status of Aliens Act 1914), the definition of both a “natural born” British subject was refined including the “naturalization” of aliens. The act also repealed all previous acts concerning subjects.