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s. 4, may take and hold every species of personal property, except chattels real, as fully as if he were a natural-born subject of the united kingdom; and by section 5 may take and hold any lands, houses, or other tenements for the residence or occupation of himself or his servants, or for any business, trade or manufacture, for a term not exceeding twenty-one years, as fully as if he were a natural-born subject, except as regards the right to vote at elections for members of parliament. Aliens may also trade (h) (subject to some unimportant exceptions (i)) as freely as other people; the higher duties to which they were formerly subject at the custom-house being now in general repealed (k). [Also an alien may bring an action concerning personal property, and may make a will, and dispose of his personal estate (1):] not as it was under the old French law, where the king at the death of an alien was entitled to all he was worth, [by the droit d'aubaine or jus albinatus, unless he had a peculiar exemption. But as to all the rights above mentioned, they must be understood of alien friends only, or such whose countries are in peace with ours; for alien enemies have no rights, or privileges (unless by the king's special favour) during the time of war (m).]

3. As to denizens. [A denizen is an alien born, but

(h) Thus it is expressly enacted by the Bankrupt Consolidation Act of 1849 (12 & 13 Vict. c. 106, s. 277), that the provisions of that statute shall apply to aliens and denizens.

(i) See 32 Hen. 8, c. 16, and Wootton v. Sheffenoni, 12 Mee. & W. 130, as to leases of shops or houses to an alien artificer; et vide sup. vol. 1. pp. 476, 477, and Co. Litt. by Harg. 2, n. (7).

(k) Vide 24 Geo. 3, st. 2, c. 16. (1) 2 Rol. Rep. 94.

(m) Until all ransoms of captured ships and property were prohibited by 22 Geo. 3, c. 25, an alien enemy could sue in our courts upon a ran

som bill. Lord Mansfield, in a case of that kind, declared that "it was "sound policy, as well as good mo"rality, to keep faith with an enemy "in time of war. This is a contract "which arises out of a state of hos"tility, and is to be governed by the "law of nations, and the eternal "rules of justice." As the general rule, however, the right of action upon a contract entered into with the alien during peace is suspended while the war continues. (Doug. 625.) As to the plea of "alien enemy," see Alcenous v. Nigreu, 4 Ell. & Bl. 217.

[who has obtained ex donatione regis letters-patent to make him] (to a certain extent), [an English subject: a high and incommunicable branch of the royal prerogative (n). 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] in general [may not; but cannot take by inheritance (o): for his parent, through whom he must claim, being an alien, had no inheritable blood, and therefore could convey none to his son. 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 (p). 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 (q).]

4. There is also to be considered the case of aliens naturalized. This can be done only by act of parliament, or (in pursuance of the provision of the statute, 7 & 8 Vict. c. 66), by the certificate of a secretary of state (r). By naturalization, according to the first method, an alien is put [in exactly the same state as if he had been born in the king's ligeance.] It has therefore a retrospective effect, in which it differs from mere denization. Thus if a man be naturalized by act of parliament, his son, born before, may inherit (s); and an alien wife, naturalized after marriage to a natural-born subject, (a case which by the former state of the law might occur, though she would now be naturalized by the marriage itself (t)), was held entitled to

(n) Calvin's case, 7 Rep. 25; see Com. Dig. Aliens, D. 1; Wilson v. Marryatt, 8 T. R. 31.

(0) Co. Litt. 8 a, 129 a; 7 Rep. 7. (p) Co. Litt. 8; Vaugh. 285. The doctrine of Blackstone here seems open to some discussion, having regard to the statute 11 & 12 Will. 3, c. 6.

(q) Stat. 12 Will. 3, c. 2.

may be naturalized within the limits of any British colony or possession by acts or ordinances of such colony or possession, subject to her majesty's confirmation or disallowance, as in other cases of colonial acts or ordi

nances.

(s) Co. Litt. 129 a; see the statute referred to, sup. p. 413.

(r) By 10 & 11 Vict. c. 83, aliens
E E. 2.

(t) Vide sup. p. 417.

dower (u). But no bill for naturalization can be received in either house of parliament without a clause disabling the alien 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 (x). [Neither can any person be naturalized or restored in blood] by act of parliament [unless he takes the oaths of allegiance and supremacy in the presence of the parliament (y). But these provisions have been usually dispensed with by special acts of parliament previous to bills of naturalization of any foreign princes or princesses,] and other persons distinguished for their rank or services (~). As for the second method of naturalization, viz. that by certificate of the secretary of state, under the 7 & 8 Vict. c. 66, it may be obtained by any alien coming to reside in any part of Great Britain or Ireland with intent to settle therein. He is to present a memorial for the purpose to one of the secretaries of state, who may, after receiving the necessary evidence of the truth of the allegations contained in the memorial, issue, if he shall so think fit, a certificate granting to the memorialist, upon his taking the oath of allegiance and abjuration in that act set forth within sixty days from the day of the date of such certificate, all the rights and capacities of a natural-born British subject, except the capacity of being a member of the privy council, or a member of either house of parliament;

(u) Co. Litt. 33 a.

(x) 14 Geo. 3, c. 84. Formerly also a clause was required, excluding him from being a member of the privy council or parliament; and from having any office of trust, civil or military; and from taking lands, tenements or hereditaments by grant from the crown; but the statute by which this was required (viz. 1 Geo. 1, sess. 2, c. 4) is now repealed, so far as regards this subject, by 7 & 8 Vict. c. 66, s. 2.

(y) Stat. 7 Jac. 1, c. 2. By this same act it was provided, that persons naturalized or restored in blood should first take the sacrament, but this requisition was abolished by 6 Geo. 4, c. 67; which also allows, in case of sickness or other sufficient cause, the oaths to be taken before a magistrate at any time within a year before the second reading of the bill.

(2) Stat. 4 Ann. c. 1; 7 Geo. 2, c. 3; 9 Geo. 2, c. 24; 4 Geo. 3, c. 4; Co. Litt. by Harg. 129 a, n. (1).

and except the rights and capacities (if any) specially excepted in and by such certificate.

[These are the principal distinctions between aliens, denizens, and natives: distinctions, which it hath been frequently endeavoured 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, for naturalizing the children of English parents born abroad.] But by a later statute (a) [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, however, as to the privy council and parliament, and as to grants of land, and offices, as in the case of denizens; and by other statutes (b), [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 certain incapacities, shall (upon taking the oaths of allegiance and abjuration, or, in some cases, an affirmation to the same effect,) be 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 united kingdom (c).

(a) 13 Geo. 2, c. 3.

(b) Vide stat. 13 Geo. 2, c. 7; 20 Geo. 2, c. 44; 22 Geo. 2, c. 45; 2 Geo. 3, c. 25; 13 Geo. 3, c. 25.

(c) In the year 1753 was passed the famous Jew Bill, 26 Geo. 2, c. 26, to enable all foreigners who were Jews to be naturalized without taking

the sacrament, but the popular dislike of it was so great, that it was repealed in the next session, by 27 Geo. 2, c. 1. Now, however, by 6 Geo. 4, c. 67, the necessity for taking the sacrament on being naturalized is taken away altogether.

CHAPTER III.

OF THE ROYAL TITLE.

[THE executive power of the English nation being vested in a single person, by the general consent of the people, the evidence of which general consent is long and immemorial usage, it became necessary to the freedom and peace of the state, that a rule should be laid down, uniform, universal, and permanent in order to mark out with precision, who is that single person, to whom are committed (in subservience to the law of the land), the care and protection of the community, and to whom, in return, the duty and allegiance of every individual are due. It is of the highest importance to the public tranquillity, and to the consciences of private men, that this rule should be clear and indisputable and our constitution has not left us in the dark upon this material occasion. It will therefore be the endeavour of this chapter to trace out the constitutional doctrine of the royal succession, with that freedom and regard to truth, yet mixed with that reverence and respect, which the principles of liberty and the dignity of the subject require.

The grand fundamental maxim upon which the jus coronæ, or right of succession to the throne of these kingdoms, depends, seems to be this]: "that the crown is, by common "law and constitutional custom, hereditary; and this in a "manner peculiar to itself: but that the right of the reign"ing prince may from time to time be set aside by act of "parliament, in favour of a new party; in whom, however, "the crown will still continue hereditary as before, except so

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