grandchildren of fuch ancestors fhall not be privileged in respect of the alien's duty, except they be protestants, and actually refide within the realm; nor fhall be enabled to claim any eftate or intereft, unless the claim be made within five years after the fame fhall accrue... THE children of aliens, born here in England, are, generally speaking, natural-born fubjects (8), and entitled to all the [374]privileges of fuch. In which the conftitution of France differs from ours; for there, by their jus albinatus, if a child be born of foreign parents, it is an alien (9). A DENIZEN is an alien born, but who has obtained ex donatione regis letters patent to make him an English subject: -a high and incommunicable branch of the royal prerogative". A denizen is in a kind of middle ftate, between an alien and natural-born fubject, and partakes of both of them. He may take lands by purchase or devise, which an alien may not; but cannot take by inheritance for his parent, through whom he must claim, being an alien, had no inheritable blood; and therefore could convey none to the fon (19). And, upon a * Jenk. Cent. 3. cites treasure fran47 Rep. Calvin's cafe. 25. gois. 312. e 11 Rep. 67. ther of the plaintiff was an English woman, who married a fubject of France, and had a fon born to him in France, it was decided that that fon could not inherit his mother's lands in England, Count Duroure v. Jones, 4 T. R. 300. (8) Unless the alien parents are acting in the realm as enemies; for my lord Coke fays, it is not calum nec folum, but their being born within the allegiance, and under the protection of the king, 7 Co. 18. a. (9) The prefent learned Vinerian profeffor informs us, that "in this refpect there is not any difference between our laws and "those of France. In each country birth confers the right of "naturalization." I Woodd. 386. (10) By the 11 & 12 W. III. c. 6. natural-born subjects may derive a title by defcent through their parents or any ancestor, though they are aliens. But by 25 Geo. II. c. 39. this restric tion is fuperadded, viz, that no natural-born fubject shall derive a title like defect of hereditary blood, the iffue of a denizen, born before denization, cannot inherit to him; but his iffue born after, may f. A denizen is not excufed & from paying the alien's duty, and fome other mercantile burthens. And no denizen can be of the privy council, or either house of parliament, or have any office of truft, civil or military, or be capable of any grant of lands, &c. from the crown. NATURALIZATION cannot be performed but by act of parliament for by this an alien is put in exactly the fame ftate as if he had been born in the king's ligeance; except only that he is incapable, as well as a denizen, of being a member of the privy council, or parliament, holding offices, grants, &c. (11). No bill for naturalization can be received in either house of parliament, without such disabling clause in iti: nor without a clause disabling the person from obtaining any immunity in trade thereby, in any foreign country; unlefs he shall have refided in Britain for feven years next after the commencement of the feffion in which he is naturalized. Neither can any perfon be naturalized or restored in blood, unless he hath received the facrament of the lord's fupper within one month before the bringing in of the bill; and unlefs he alfo takes the oaths of allegiance and fupremacy in the prefence of the parliament. But thefe provifions have been usually difpenfed with by special acts of parliament, f Co. Litt. 8. Vaugh. 285. g Stat. 22 Hen, VIII. c. 8.. h Stat. 12 W. III c. 2. i Ibid. J Stat. 1 Geo. I. c. 4. * Stat. 14 Geo. II. c. 84. a title through an alien parent or ancestor, unless he be born at the time of the death of the ancestor who dies feifed of the estate which he claims by defcent, with this exception, that if a descent shall be cast upon a daughter of an alien, it shall be divested in favour of an after-born fon; and in case of an afterborn daughter or daughters only, all the fisters shall be coparceners. (11) This ftatute 12 W. III. c. 2. was paffed from a jealousy of king William's partiality to foreigners. 7 previous A Trevious to bills of naturalization of any foreign princes or princelles m 375 THESE are the principal distinctions between aliens, denizens, and natives: diftinctions, which it hath been frequently endeavoured fince the commencement of this century to lay almost totally afide, by one general naturalization-act for all foreign proteftants. An attempt which was once carried into execution by the ftatute 7 Ann. c. 5. but this, after three years experience of it, was repealed by the ftatute 10 Ann. c. 5. except one claufe, which was just now mentioned, for naturalizing the children of English parents born abroad. However, every foreign feaman, who in time of war ferves two years on board an English fhip by virtue of the king's proclamation, is ipfo facto naturalized under the like reftrictions as in ftatute 12 W. III. c. 2. "; and all foreign proteftants, and Jews, upon their refiding seven years in any of the American colonies, without being abfent above two months at a time, and all foreign proteftants ferving two years in a military capacity there, or being three years em ployed in the whale fishery, without afterward absenting themselves from the king's dominions for more than one year, and none of them falling within the incapacities declared by ftatute 4 Geo. II. c. 21. fhall be (upon taking the oaths of allegiance and abjuration, or in fome cafes, an affirmation to the fame effect) naturalized to all intents and purposes, as if they had been born in this kingdom; except as to fitting in parliament or in the privy council, and holding offices or grants of lands, &c. from the crown within the kingdoms of Great Britain or Ireland. They therefore are admiffible to all other privileges, which proteftants or Jews born in this kingdom are entitled to. What thofe privileges are, with refpect to Jews P in particular, was the fubject of very high debates about the time of the famous Jew-bill; which enables all Jews to prefer bills of naturalization in parliament, without receiving the facrament, as ordained by ftatute 7 Jac. I. It is not my intention to revive this controverfy again; for the act lived only a few months, and was then repealed: therefore peace be now to it's manes. PA pretty accurate account of the in Molloy de jure maritimo. b. 3. c, 6. Jews till their banishment in 8 Edw. I. may be found in Prynne's demurrer, and Stat. 26 Geo. II. c. 26. Stat. 27 Geo, II. c. m CHAPTER THE ELEVENTH. THE OF THE CLERGY. HE people, whether aliens, denizens, or naturalborn fubjects, are divisible into two kinds; the clergy and laity the clergy, comprehending all perfons in holy orders, and in ecclefiaftical offices, will be the fubject of the following chapter. THIS venerable body of men, being separate and fet apart from the rest of the people, in order to attend the more closely to the fervice of almighty God, have thereupon large privi leges allowed them by our municipal laws: and had formerly much greater, which were abridged at the time of the reformation on account of the ill use which the popish clergy had endeavoured to make of them. For, the laws having exempted them from almost every perfonal duty, they attempted a total exemption from every fecular tie. But it is obferved by fir Edward Coke, that, as the overflowing of waters doth many times make the river to lose it's proper channel, so in times paft ecclefiaftical persons, feeking to extend their liberties beyond their true bounds, either loft or enjoyed not those which of right belonged to them. The perfonal exemptions do indeed for the most part continue. A clergyman cannot be compelled to serve on a jury, nor to appear at a court-leet or view of frank-pledge; which almost every other perfon is obliged to do ; but if a layman is [377] fummoned on a jury, and before the trial takes orders, he shall notwithstanding appear and be fworn c. Neither can he be |