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removable from any parish by two justices of the peace, unless they settled in a tenement of the annual value of L. 10.-N. B. Since the time of sir W. Blackstone, considerable alterations in the law of settlement have been introduced: therefore to enter minutely on the subject, would confine the work to a topic uninteresting to the pupil.

CHAPTER X.

OF THE PEOPLE, WHETHER ALIENS, DENIZENS,

OR NATIVES.

HAVING, in the eight preceding chapters, treated of persons as they stand in the public relations of magistrates, I now proceed to consider such persons as fall under the denomination of the people. And herein all the inferior and subordinate magistrates, treated of in that chapter, are included.

The first and most obvious division of the people is into aliens and natural-born subjects. Naturalborn subjects are such as are born within the dominions of the crown of England; that is, within the ligeance, or as it is generally called, the allegiance of the king: and aliens such as are born out of it.

An alien born may purchase lands, or other estates but not for his own use; for the king is thereupon entitled to them. If an alien could acquire a permanent property in lands, he must owe an allegiance, equally permanent with that property, to the king of England; which would pro

bably be inconsistent with that which he owes to his own natural liege lord: besides that thereby the nation might in time be subject to foreign influence, and feel many other inconveniences. Yet an alien may acquire a property in goods, money, and other personal estate, or may hire a house for his habitation: for personal estate is of a transitory and moveable nature; and besides this indulgence to strangers, is necessary for the advancement of trade. Aliens also may trade as freely as other people; only they are subject to certain higher duties at the custom-house. Also an alien may bring an action concerning personal property, and may make a will, and dispose of his personal estate. When I mention these rights of an alien, I must be understood of alien-friends ouly, or such whose countries are in peace with ours; for alienenemies have no rights, no privileges, unless by the king's special favour, during the time of war. When I say, that an alien is one who is born out of the king's dominions or allegiance, this also must be understood with some restrictions. Yet the children of the king's embassadors born abroad were always held natural subjects: for as the father, though in a foreign country, owes not even a local allegiance to the prince to whom he is sent; so, with regard to the son also, he was held (by a kind of postliminium) to be born under the king of England's allegiance, represented by his father the embassador. 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 the birth, in allegiance to the king, and the mother had passed 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 several more modern statutes these restrictions are still farther taken off: so that all children, born out of the king's ligeance, whose fathers (or grand-fathers by the father's side) were natural-born subjects, are now deemed to be natural-born subjects themselves, to all intents and purposes; unless their said ancestors were attainted, or banished beyond sea, for high treason; or were at the birth of such children in the service of a prince at enmity with Great Britain. Yet the grand-children of such ancestor shall not be privileged in respect of the alien's duty, except they be protestants, and actually residing within the realm; nor shall they be enabled to claim any estate or interest, unless the claim be made within five years after the same shall accrue.

The children of aliens, born here in England, are, generally speaking, natural-born subjects, and entitled to all the privileges of such.

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 a 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: for his parent, through whom he must claim, being

an alien, had no inheritable blood; and therefore could convey none to the son. And, upon a like defect of hereditary blood, the issue of a denizen horn before denization, cannot inherit to him; but his issue born after, may. A denizen is not excused from paying the alien's duty, and some other mercantile burthens. And no denizen can be of the privy council, nor either house of parliament, nor have any office of trust, civil or military, nor 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 state 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. No bill for naturalization can be received in either house of parliament, without such disabling clause in it: 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 naturalized. Neither can any person be naturalized or restored in blood, unless he hath received the sacrament 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 supremacy in the presence of parliament. But these provisions have been usually dispensed with by several acts of parliament, previous to bills of naturalization of any foreign princes or princesses.

Every foreign seaman, who in time of war serves two years on board an English ship by virtue of the king's proclamation, is ipso facto naturalized under the like restrictions 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 serving two years in a military capacity there, or being three years employed in the whale fishery, without afterwards 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 sitting in parliament or in the privy council, and holding offices or grants of lands, &c. from the crown, within the kingdom of Great Britain or Ireland.

CHAPTER XI.

OF THE CLERGY.

THE people, whether aliens, denizens, or naturalborn subjects, are divisible into two kinds; the clergy and laity.

The clergy, being separate and set apart from

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