"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 fuch allegiances, or ferve two masters, at once. Yet the children of the king's embaladors born abroad were always held to be natural fubjects: 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 fon alfo, he was held (by a kind of poftliminium) to be born under the king of England's allegi ance, reprefented by his father, the embalador. To encou rage alfo foreign commerce, it was enacted by ftatute 25 Edw. III. ft. 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 paffed the feas by her husband's confent, might inherit as if born in England: and accordingly it hath been fo adjudged in behalf of merchants. But by feveral more modern ftatutes thefe restrictions are still farther taken off: fo that all children, born out of the king's ligeance, whose fathers (or grandfathers by the father's fide) were natural-born fubjects, are now deemed to be naturalborn fubjects themfelycs, to all intents and purposes; unless their faid ancestors were attainted, or banished beyond fea, for high treafon; or were at the birth of fuch children in the service of a prince at enmity with Great Britain. Yet the grandchildren of fuch ancestors shall not be privileged in refpect of the alien's duty, except they be proteftants, and actually refide within the realm; nor fhall be enabled to claim any eftate or intereft, unlets the claim be made within five years after the fame shall accrue. THE children of aliens, born here in England, are, generally speaking, natural-born fubjects, and entitled to all the 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, A DENIZEN is an alien born, but who has obtained ex donatione regis letters patent to make him an English fubject: 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 devife, 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. And, upon a like defect of hereditary blood, the issue of a denizen, born before denization, cannot inherit to him; but his iffue born. after, may. 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. No bill for naturalization can be received in either house of parliament, without fuch difabling clause in iti: nor without a claufe difabling the perfon from obtaining any immunity in trade thereby, in any foreign country; unlefs he fhall 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 reftored in blood, unless he hath received the facrament of the lord's fupper within one month before the bringing in of the bill; and unless he alfo takes the oaths of allegiance and fupremacy in the prefence of the parliament'. But thefe provifions have been ufually difpenfed with by special acts of parliament, previous to bills of naturalization of any foreign princes or princeffesTM, THESE are the principal diftinctions between aliens, denizens, and natives: diftinctions, which it hath been fre a 17 Rep. Calvin's cafe. 25. e 11 Rep. 67. f Co. Litt. 8. Vaugh. 285. Stat. 22 Hen. VIII. c. 8. h Stat. 12 W. III. c. 2. i Ibid. j Stat. 1 Geo. I. c. 4. k Stat. 14 Geo. III. c. 84. 1 Stat. 7 Jac. I. c. 2. m Stat. 4 Ann. c. 1. 7 Geo. II. c. 3. 9 Gro. II. c. 24, 4 Geo. III. c. 4. quently quently 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 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 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 fifhery, without afterward abfenting 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 respect to Jews in particular, was the fubje& of very high debates about the time of the famous Jew-bill 9; which enables all Jews to prefer bills of naturalization in parliament, without receiving the facrament, as ordained by statute 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. n Stat. 13 Geo. II. c. 3. Stat. 13 Geo. H. c. 7. 20 Geo. II. c. 44. 22 Geo. II. c. 45. 2 Ges. III. c. 25. 13 Geo. III. c. 25. PA pretty accurate account of the Jews till their banishment in 8 Edw. I. CHAPTER THE ELEVENTH. OF THE CLERGY. HE people, whether aliens, denizens, or natural TH are born fubjects are divisible into two kinds; the clergy and laity the clergy, comprchending all perfons in holy orders, and in ecclefiaftical offices, will be the subject of the following chapter. THIS venerable body of men, being feparate and fet 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 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 lofe it's proper channel, fo in times past 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 serve on a jury, nor to appear at a court-leet or view of frank pledge which almoft every other perfon is obliged to do but if a layman is fummoned on a jury, and before the trial takes orders, he fhall notwithstanding appear and be fworn. Neither can he be a 2 Inft. 4. F. N B. 160. Inft. 4. с 4: Leon. 190. chofen chofen to any temporal office; as bailiff, reeve, conftable, or the like: in regard of his own continual attendance on the facred function 4. During his attendance on divine fervice he is privileged from arrefts in civil fuits. In cases also 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; in both which particulars he is diftinguished from a layman. But as they have their privileges, fo alfo they have their disabilities, on account of their fpiritual avocations. Clergymen, we have feen, are incapable of fitting 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 leafe; nor upon like pain to keep any tanhoufe or brewhoufe; nor fhall engage in any manner of trade, nor fell any merchandize, under forfeiture of the treble value. 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 refpective 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 themselves. 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-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 ufual mode of elevation to the epifcopal chair throughout all christendom; and this was promifcuoufly performed by the laity as well as the clergy: till at length it becoming tumultuous, the empe |