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" troubles.” And this maxim of the law proceeded upon a general principle, that every man owes natural allegiance where he is born, and cannot owe two such allegiances, or ferve tvo masters, at once. Yet the children of the king's embaladors born abroad were always held to be natural subjects 2: for as the father, though in a foreign country, owes not even a local allegiance to the prince to whom he is fent; fo, with regard to the son also, he was held (by a kind of poftliminium ) to be born under the king of England's allegiance, represented by his father, the embalador. To encourage also foreign commerce, it was enacted by statute 25 Edw. III. st, 2. that all children born abroad, provided both their parents were at the time of his birth in allegiance to the king, and the mother had pafled the seas by her husband's consent, might inherit as if born in England : and accordingly it hath been so adjudged in behalf of merchants", But. by feyeral more imodern statutes these restrictions are still farther taken off: so that all children, born out of the king's ligeance, whose fathers (or grandfathers by the father's fade) were natural-born subjects, are now deemed to be naturalborn subjects themselyes, to all intents and purposes; unless their faid ancestors were attainted, or banished beyond fea, for high treason; or were at the birth of such children in the service of a prince at enmity with Great Britain. Yet the grandchildren of such ancestors shall not be privileged in respect of the alien's duty, except they be protestants, and actually reside within the realm ; nor shall be enabled to claiin any estate or interest, unlcts the claim be maúe within five years after the same shall accrue.
The children of aliens, born here in England, 'are, generally speaking, natural-born subjccts, and entitled to all the privileges of such. In which the constitution of France differs from ours ; for there, by their jus albinatus, if a child be born of foreign parents, it is an alien,
A DENIZE.N is an alien born, but who has obtained ex. donatione regis letters patent to make him an English subject : 2, Rep. 13. ; i... in
* * Geo. III. c. 21.'' . .! * Cro.Car.601. Mar.91.Jenk.Cent.za Jenk. Cent. 3. cites treasure fran. 67 Ann. c. 5.4 Geo. II. c. 21. and 13 rois. 313.
a high and incommunicable branch of the royal prerogatived, A denizen is in a kind of middle state, between an alien and natural-born subject, and partakes of both of them. He may take lands by purchase or devise, which an alien may not; but cannot take by inheritance e : for his parent, through whom he must claim, being an alien, had no inheritable blood; and therefore could convey none to the fon. And, upon a like defect of hereditary blood, the issue of a denizen, born before denization, cannot inherit to him ; but his issue born after, may'. A denizen is not excused 8 from paying the alien's duty, and some other mercantile burthens. And no denizen can be of the privy council, or either house of parliament, or have any office of trust, 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 same 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, &ci. 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; unless he shall have resided in Britain for seven years next after the commencement of the session in which he is naturalizedk. Neither can any person be naturalized or restored in blood, unless he hath received the facrament of the lord's supper within one month before the bringing in of the bill; and unless he also takes the oaths of allegiance and fupremacy in the presence of the parliament'. But these provisions have been usually dispensed with by special acts of parliament, previous to bills of naturalization of any foreign princes or princesses ,
'These are the principal distinctions between aliens, denizens, and natives: distinctions, which it hath been free & 7 Rep. Calvin's case. 25.
j Stat. 1 Geo. I. c. 4. e ni Rep. 67.
k Stat. 14 Gco. III. c. 84, f Co. Liti. 8. Vaugh. 285.
I Stat. 7 Jac. I. c. 2. ! Stat, 22 Hen. VIII, c. .
m Stat. 4 Ann. c. 1. 7 Geo. II. 6.3. h Sta:. 12 W. III. C. 2.
9 Cco. II. c. 24. 4 Ceo. III. c. 4. i loid,
quently endeavoured since the commencement of this century to lay almost totally aside, by one general naturalization-act for all foreign protestants. 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 statute 10 Ann. c. 5. except one clause, which was just now mentioned, for naturalizing the children of English parents born abroad. However, every foreign seaman, who in time of war serves two years on board an English ship by virtue of the king's proclamation, is ipfo facto naturalized under the like reItrictions as in statute 12 W. III. c. 2."; and all foreign protestants, and Jews, upon their residing seven years in any of the American colonies, without being absent above two months at a time, and all foreign protestants ferving two years in a military capacity there, or being three years employed 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 statute 4 Geo. II. c. 21. shall be (upon taking the oaths of allegiance and abjuration, or in some cases, an affirmation to the same 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 admissible to all other privileges, which protestants or Jews born in this kingdom are entitled to. What those privileges are, with respect to Jews in particular, was the subje& 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 Itatute 7 Jac. I. It is not my intention to revive this controversy again ; for the act lived only a few months, and was then repcaled": therefore peace be now to it's manes. .
n Stat. 13 Geo. II. c. 3.
Jews till their banishment in 8 Edw. I. Stat. :3 Geo. H. c.7. 20 Geo. II. may be found in Prynne's dcmurrir, and c. 44. 22 Geo. II. C. 45. 2 Geo. Ill. in Moiloy de jure maritimu. b. 3. c. 6. ç. 25. 13 Geo. lli. c. 25.
4 Stat. 26 Gea. Il. c. 26. P A pretty accurate account of the Stat, 27 Gco. II. c. I.
CHAPTER THE ELEVENTH,
OF THE CLERGY.
THE people, whether alicns, denizens, or natural
I born subjects are divisible into two kinds; the clergy and laity: the clergy, comprchending all persons in holy orders, and in ecclefiaftical offices, will be the subject 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 service 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 use which the popisn clergy had endeavoured to make of them. For, the laws having exempted them from almost every personal duty, they attempted a total exemption from every secular tie. - But it is observed 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 past ecclefiaftical persons, seeking to extend their liberties beyond their true bounds, either loft or enjoyed not those which of right belonged to them. The personal 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 person is obliged to do b: but if à layman is fummoned on a jury, and before the trial takes orders, he shall notwithstanding appear and be sworn'. Neither can be, be
chosen to any temporal office; as bailiff, reeve, constable, or the like : in regard of his own continual attendance on the sacred function 4. During his attendance on divine fervice he is privileged from arrests in civil suits. In cases also of felony, a clerk in orders shall have the benefit of his clergy, without being branded in the hand; and may likewise have it more than once ; in both which particulars he is diftinguished from a layman'. But as they have their privileges, so also they have their disabilities, on account of their spiritual avocations. Clergymen, we have seen , are incapable of sitting in the house of commons; 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 lease; nor upon like pain to keep any tanhouse or brewhouse; nor shall engage in any manner of trade, nor sell any merchandize, under forfeiture of the treble value. Which prohibition is consonant to the canon law.
In the frame and constitution of ecclesiastical polity there are divers ranks and degrees : which I shall consider in their respective order, merely as they are taken notice of by the secular laws of England; without intermeddling with the canons and constitutions, by which the clergy have bound themselves. And under each division I shall consider, 1. The method of their appointment ; 2. Their rights and duties; and 3. The manner wherein their character or office may cease.
I. An arch-bishop 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 episcopal chair throughout all christendom; and this was promiscuously performed by the laity as well as the clergyh: till at length it becoming tumultuous, the empe