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Legal Definitions - indigena

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Definition of indigena

Historically, an indigena referred to an individual considered a native subject of the English Crown. This status was primarily granted in one of two ways: either by being born within the geographical boundaries of the English realm, or by being formally naturalized through a specific Act of Parliament.

  • Example 1: Birth within the Realm
    Imagine a child named Thomas, born in London in the year 1580. His parents were Spanish merchants who had temporarily settled in England for trade purposes. Despite his parents' foreign nationality, Thomas was considered an indigena because he was born on English soil. Under the legal principle of jus soli (right of soil), birth within the English realm automatically conferred the status of a native subject of the Crown.

  • Example 2: Birth in an English Dominion
    Consider Eleanor, born in the Massachusetts Bay Colony in 1640. Her parents were English settlers who had emigrated to the New World. At the time, the colonies were considered part of the English Crown's dominions. Therefore, Eleanor was an indigena because she was born within a territory recognized as part of the English realm, making her a native subject just as if she had been born in England itself.

  • Example 3: Naturalization by Act of Parliament
    Suppose a skilled French clockmaker named Jean-Pierre immigrated to England in the late 17th century, bringing valuable craftsmanship. After many years of residence and contributing significantly to the English economy, Parliament passed a private act specifically granting Jean-Pierre and his descendants the full rights and status of an English subject. In this scenario, Jean-Pierre, originally a foreign national, became an indigena not by birth, but through a formal Act of Parliament that bestowed upon him the legal status of a native-born subject.

Simple Definition

Historically, an "indigena" was a legal term used to describe a native subject of the English realm. This referred to individuals who were either born within England or had been naturalized through an act of Parliament.