Great Britain -- Emigration and immigration; Noncitizens -- Great Britain
One must not infer, however, from the case of the Flemings that the
advent of the foreigner was always welcome, or that the outcry against
him in the reign of Edward VI. was a new thing. The history of the
alien in Great Britain has yet to be written, and space does not permit
of its being dwelt upon to any great extent here. Yet in looking back
upon the legislative enactments of the Plantagenets and early Tudor
kings, which have been briefly referred to elsewhere,[3] one cannot
but be struck at the way in which popular opinion--of which these acts
were doubtless the outcome--wavered on this subject. The generous
treatment accorded to the Flemings and other skilled foreign craftsmen
who came to England from time to time contrasts strangely with the
harshness with which foreigners were treated at other times. In 1155,
for instance, there was an anti-foreign outcry, and many foreigners--in
fact all that could be found--were first plundered of their worldly
goods, and then banished from the kingdom. Later on they were allowed
to return, though still compelled to suffer certain disabilities. At
one time the popular prejudice against foreigners was so great that
their lives and property were always in danger, and they suffered much
unfair treatment. The wise policy of Edward III. removed many of these
disabilities, and a special Act was passed in the reign of Richard II.
by which they were relieved still more. These Acts were those rather of
the king and the upper classes than of the common people, among whom
the animus against the foreigner was still so strong that that bulwark
of English liberty, trial by jury, was to the alien of no avail,
since any charge brought against him, whether true or false, almost
invariably resulted in his conviction by a British jury. To do away
with this injustice the Enactment of 1430 was passed, which provided
that an alien, if he so wished, might be tried by a mixed jury, of whom
half were to be Englishmen and the other half foreigners. This singular
Statute remained in force until 1870, when the Naturalization Act of
that year abolished the privilege of the alien to claim a mixed jury.
This Act also repealed all previous Acts except the now well-known Act
of 6 & 7 William IV. cap. II., which provides for the registration of
aliens, and to which further allusion will be made later on.
Public-domain text, read in full here on John Shaqi.
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