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Calvin's Case
''Calvin's Case'', () Eng.R. (64 ), (1572–1616) 7 Co.Rep. 1a, 77 E.R. 377—also known as the ''Case of the Postnati''—was a 1608 English legal decision establishing that a child born in Scotland, after the Union of the Crowns under James VI and I in 1603, was considered under the common law to be an English subject and entitled to the benefits of English law. The principles put forth in ''Calvin's Case'' were eventually adopted by courts in the United States, and the case played an important role in shaping the American rule of birthright citizenship via ''jus soli'' ("law of the soil", or citizenship by virtue of birth within the territory of a sovereign state). However the case has also been cited as providing legal justification for the restriction of legal rights to Native Americans following their conquest by the English.
==Decision==
Under the feudal system, the allegiance owed to a king by his subjects—connected as it was to the holding of interests in land—ruled out the possibility of any given individual holding land in two different kingdoms. Robert Calvin, born in Scotland around 1606, inherited estates in England, but his rights thereto were challenged on the grounds that, as a Scot, he could not legally own English land.〔Price (1997), pp. 81–82.〕 The Court of King's Bench ruled in Calvin's favour, finding that he was not an alien and did have the right to hold land in England.〔
''Calvin's Case'' is in fact a misnomer, since the child "Robert Calvin" was actually named James Colville; he was the son of Robert Colville, Master of Culross, and grandson of the courtier James Colville, 1st Lord Colville of Culross. The test case went to a panel of 14 judges drawn from different courts. Two of those dissented: Sir Thomas Foster (1548–1612) and Sir Thomas Walmesley.
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