previous to bills of naturalization of any foreign princes or princeffes m [375] THESE are the principal diftinctions between aliens, denizens, and natives: diftinctions, which it hath been frequently endeavoured fince the commencement of this century to lay almoft totally afide, by one general naturalization-act for all foreign proteftants. An attempt which was once carried into execution by the statute 7 Ann. c. 5. but this, after three years experience of it, was repealed by the ftatute ro Ann. c. 5. except one claufe, which was juft 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 ship 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 employed in the whale fishery, without afterward abfenting themfelves 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 9 Stat. 4 Ann. c. 1. 7 Geo. II. c. 3. Stat. 13 Geo. II. c. 7. 20 Geo. II. c. 44. 22 Geo. H. c. 45. 2 Geo. IJI, c. 25. 13 Geo. III. c. 25. are, are, with respect 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 I. It is not my intention to revive this controverfy again; for the act lived only a few months, and was then repealed therefore peace be now to it's manes.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 q Stat, 26 Geo. II. c. 26. Stat. 27 Geo. II. c. I. TH 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 set apart from the rest of the people, in order to attend the more closely to the fervice of almighty God, have thereupon large privileges 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 ufe 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, fo in times paft ecclefiaftical perfons, 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 ferve on a jury, nor to appear at a court-leet or view of frank-pledge; which almost every other perfon is obliged to do b; but if a layman is [377] fummoned on a jury, and before the trial takes orders, he fhall notwithstanding appear and be fworn. Neither can he be c 4 Leon. 190. a 2 Inft. 4. b F. N. B. 160, 2 Inft. 4. chofen chosen to any temporal office; as bailiff, reeve, constable, or the like in regard of his own continual attendance on the facred function. During his attendance on divine fervice he is privileged from arrefts in civil fuits e (1). In cases alfo of felony, a clerk in orders fhall have the benefit of his clergy, without being branded in the hand; and may likewife have it more than once (2): in both which particulars he is distinguished from a layman. But as they have their privi leges, fo alfo they have their difabilities, on account of their fpiritual avocations. Clergymen, we have feen 3, are incapable of fitting in the house of commons (3); and by statute 21 Hen. VIII. c. 13. are not (in general) allowed to take any lands or tenements to farm, upon pain of 10l. per month, and total avoidance of the leafe (4); nor upon like pain to keep any tanhoufe or brewhoufe (5); nor fhall engage f2 Inft. 637. Stat. 4 Hen. VII. c. 13. & 1 Edw. VI. c. 12. d Finch. L. 88. e Stat. 50 Edw. III. c. 5. 1 Ric. II. c. 16. % page 175. (1) That is, for a reasonable time, eundo, redeundo, et morando, to perform divine fervice. 12 Co. 100. (2) This is a peculiar privilege of the clergy, that fentence of death can never be paft upon them for any number of manflaughters, bigamies, fimple larcenies, or other clergyable offences; but a layman, even a peer, may be oufted of clergy, and will be subject to the judgment of death upon a fecond conviction of a clergyable offence; for if a layman has once been convicted of manslaughter, upon production of the conviction he may afterwards fuffer death for bigamy, or any other felony, within clergy, or which would not be a capital crime to another perfon not fo circumftanced. But for the honour of the clergy, there are few or no inftances in which they have had occafion to claim the benefit of this privilege. See 4 vol. c. 28. (3) See the Editor's reafons for the capacity of the clergy to fit in the house of commons in note 37 to Ch. II, (4) But if they have not fufficient glebe, they may take a farm for the neceffary expences and confumption of their households. 21 Hen. VIII. c. 13. f. 8. (5) The fingular prohibition to keep a tanhoufe probably originated from a practice peculiar to the time. [378] in any manner of trade, nor fell any merchandize, under forfeiture of the treble value (6) Which prohibition is confonant to the canon law. IN the frame and conftitution of ecclefiaftical polity there are divers ranks and degrees: which I fhall confider in their respective order, merely as they are taken notice of by the fecular laws of England; without intermeddling with the canons and conftitutions, by which the clergy have bound themfelves. And under each divifion I fhall confider, 1. The method of their appointment; 2. Their rights and duties; and 3. The manner wherein their character or office may ceafe. I. AN arch-bifhop or bishop is elected by the chapter of his cathedral church, by virtue of a licence from the crown. Election was, in very early times, the usual mode of elevation to the epifcopal chair throughout all christendom; and this was promifcuously performed by the laity as well as the clergy: till at length it becoming tumultuous, the emperors and other fovereigns of the refpective kingdoms of Europe took the appointment in fome degree into their own hands; by referving to themselves the right of confirming these elections, and of granting inveftiture of the temporalties, which now began almoft univerfally to be annexed to this fpiritual dignity; without which confirmation and inveftiture, the elected bishop could neither be confecrated nor receive any fecular profits. This right was acknowleged in the emperor Charlemagne, A. D. 773, by Pope Hadrian I, and the council of Laterani, and universally exercised by other chriftian princes: but the policy of the court of Rome at the fame time began by degrees to exclude the laity from h per clerum et populum. Palm. 25. 2 Roll. Rep. 102. M. Paris. A. D. 1095. i Decret. 1 dift. 63. c. 22. bank. (6) Though a clergyman is fubject to this penalty for trading, yet his contracts are valid, and he is liable to be made rupt. Cooke, Bankr. 33. any |