I at once. cannot owe two fuch allegiances, or ferve two masters, Yet the children of the king's ambaffadors born abroad were always held to be natural subje&ts 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 fon alfo, he was held (by a kind of poftliminium) to be born under the king of England's allegiance, reprefented by his father, the ambaffador. To encourage alfo foreign commerce, it was enacted by statute 25 Edw. III. ft. 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 paffed the feas by her husband's consent, might inherit as if born in England: And accordingly it hath been so adjudged in behalf of merchants a But by feveral more modern ftatutes b these restrictions are ftill farther taken off: So that all children, born out of the king's ligeance, whofe fathers (or grandfathers by the father's fide) were natural born fubjects, are now deemed to be natural born fubjects themselves to all intents and purposes; unless their faid ancestors were attainted, or banished beyond sea, for high treason, or were at the birth of fuch children in the fervice of a prince at enmity with Greatbritain. Yet the grandchildren of fuch an ceftors fhall 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, 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, 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 f. 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, z 7 Rep. 18. a Cro. Car, 6c1. Mar. 91. Jenk. Cent. 3. b7 Ann. c. 5. 4. Geo. II. c. 21. and 13 Ceo. III. c. 21 rogative 4. 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 devile, 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 iffue 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 some other mercantile burdens. 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, 3c. No bill for naturalization can be received in either house of parliament, without fuch difabling claufe in it : Nor without a claufe dif'abling the perfon from obtaining any immunity in trade thereby, in any foreign country; unless 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 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 unless he also takes the oaths of allegiance and fupremacy in the prefence of the parliament But thefe provifions have been ufually difpenfed with by fpecial acts of parliament, previous to bills of naturalization of any foreign princes or princeffes", Thefe are the principal diftinctions between aliens, denizens, and natives: Diftinctions, which it hath been frequently endeavoured, fince the commencement of this century, d 7 Rep. Calvin's cafe. 25. f Co. Litt. 8. Vaugh. 285. j Stat. 1. Geo. I. c. 4. m Stat. 4 Ann. c. 1. 7 Geo. II. c. 3. 9 Geo. II. c. 24. 4 Geor III. c. 4. 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 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 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 absent 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 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 purpofes, 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 Greatbritain or Ireland o. 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 enabled all Jews to prefer bills of naturalization in parliament, without receiving the facrament, as ordained by statute 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 its manes. CHAPTER n Stat. 13 Geo. II. c. 3. o Stat. 13 Geo. I. c. 7. 20 Geo. II. c. 44. 22 Geo. II. c. 45. 2 Geo. III. c. 25. r3 Geo. III. c. 25. PA pretty accurate account of the Jews till their banifhment in 8 Edw. I. may be found in Prynne's demurrer, and in Molloy de jure maritimo. b. 3. c. 6. Stat. 26 Geo. II. c. 26. * Stat. 27 Geo. II. c. x. CHAPTER THE ELEVENTH. OF THE CLERGY. THE people, whether aliens, denizens, or natural born 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 feparate and fet apart from the reft of the people, in order to attend the more closely to the fervice of Almighty God, have thereupon large privileges allowed them by our munici pal 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 Sir Edward Coke a, that, as the overflowing of waters doth many times make the river to lofe its 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 person is obliged to do b: But if a layman is fummoned on a jury, and before the trial takes orders, he fhall notwithftanding appear and be fworn o. Neither can he be chofen to any temporal office; as bailiff, reeve, confta a 2 Inft. 4. b F. N. B. 160. 2 Inft. 4. c 4 Leon. 190. ble, ble, or the like: In regard of his own continual attendance on the facred function d. During his attendance on divine fervice he is privileged from arrefts in civil fuits. 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: In both which particulars he is distinguished from a layman f. But as they have their privileges, fo also they have their disabilities, on account of their spiritual avocations. Clergymen, we have seen s, are incapable of fitting in the house of commons; and by ftatute 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 brewhouse; nor fhall engage in any manner of trade, nor sell any merchandise, under forfeiture of the treble value. Which prohibition is confonant to the canon law. In the frame and constitution of ecclefiaftical polity there are divers ranks and degrees: Which I shall confider in their respective order, merely as they are taken notice of by the fecular laws of England; without intermeddling with the canons and constitutions, 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 cease. - I. An archbishop or bishop is elected by the chapter of his cathedral church, by virtue of a license from the crown. Election was, in very early times, the usual mode of elevation to the epifcopal chair throughout all Christendoin; and this was promifcuously performed by the laity as well as the clergy h: Till at length it becoming tumultuous, the emperors and other fovereigns of the respective kingdoms of Europe took the appointment in fome degree into their own hands; by reserv d Finch. L. 88. e Stat. 50 Edw. III. c. 5. 1 Ric. II. c. 16. ing f 2 Inft. 637. Stat. 4 Hen. VII. c. 13. & 1 Edw. VI. c. 12. g Page 175. h Per clerum et populum. Palm. 25. 2 Roll. Rep. 102. M. Paris. A. D. 1095. |