The end of law is not to abolish or restrain, but to preserve and enlarge freedom.

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Legal Definitions - alienigena

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Simple Definition of alienigena

Alienigena is a historical Latin term that refers to an alien. In legal contexts, it historically denoted a person who was not a citizen or subject of the country in question.

Definition of alienigena

Alienigena is a historical legal term that refers to a person who was not a citizen or national of a particular country; essentially, an alien. This term was used in legal contexts to distinguish individuals who were not native-born subjects or citizens and, as a result, might have had different rights, obligations, or legal standing under the law.

  • Example 1: Property Rights in Medieval England
    In medieval England, if a merchant from France wished to purchase land within an English county, they would have been considered an alienigena. Under the legal customs of the time, an alienigena might have faced significant restrictions on their ability to own or inherit real property, as these rights were often reserved for subjects born under the English Crown. This example illustrates how the status of being an alienigena directly impacted fundamental rights, such as land ownership, distinguishing them from native subjects.

  • Example 2: Legal Protection During Wartime
    Consider a historical period when two kingdoms, say Kingdom A and Kingdom B, were at war. A resident of Kingdom A who was originally from Kingdom B would be classified as an alienigena within Kingdom A. This status could lead to different legal treatment, such as being subject to special surveillance, restrictions on travel, or even the confiscation of their assets, whereas native-born citizens of Kingdom A would not face such measures. Here, alienigena highlights a person's vulnerability and altered legal standing during international conflict due to their foreign origin.

  • Example 3: Allegiance and Civic Duties
    Historically, in many monarchies, subjects were expected to swear an oath of fealty or allegiance to their sovereign. An individual residing in the kingdom who was born in another realm and maintained their allegiance to that foreign ruler would be an alienigena. While they would still be subject to the laws of the kingdom where they resided, they might not have been compelled to perform certain civic duties or military service in the same manner as native-born subjects, due to their primary allegiance lying elsewhere. This demonstrates how the term differentiated individuals based on their national origin and the associated duties of loyalty.

If the law is on your side, pound the law. If the facts are on your side, pound the facts. If neither the law nor the facts are on your side, pound the table.

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