Sect. 2. An Alien whose Sovereign is in Amity with the Crown ofEngland, Residing here and Receiving the Protection of the Law oweth a Local Allegiance to the Crown during the time of his Residence. And if, during that Time He committeth an Offence, which in the Case of a Natural-born Subject would amount to Treason, He may be dealt with as a Traitor. For his Person and Personal Estate are as much under the Protection of the Law as the Natural-born Subject’s: and if He is injured in either, He hath the same Remedy at Law for such Injury.
Source: Foster, Discourse on High Treason
Laying to rest that a child born to an illegal immigrant is not born under the jurisdiction of our nation:
But if an alien the subject of a foreign prince in amity with the king live here and enjoy the benefit of the king’s protection and commit a treason he shall be judged and executed as a traitor for he owes a local alligeance.
And this alligeance is either natural from all that are subjects born within the king’s alligeance or local which obligeth all that are resident within the king’s dominions and partake of the benefit of the king’s protection altho strangers born.
Source: Hale – The history of the Pleas of the Crown, Vol I, Chap. X