FREE BOOKS

Author's List




PREV.   NEXT  
|<   313   314   315   316   317   318   319   320   321   322   323   324   325   326   327   328   329   330   331   332   333   334   335   336   337  
338   339   340   341   342   343   344   345   346   347   348   349   350   351   352   353   354   355   356   357   358   359   360   361   362   >>   >|  
as if born in England: and accordingly it hath been so adjudged in behalf of merchants[a]. But by several more modern statutes[b] these restrictions are still farther taken off: so that all children, born out of the king's ligeance, whose _fathers_ were natural-born subjects, are now natural-born subjects themselves, to all intents and purposes, without any exception; unless their said fathers were attainted, or banished beyond sea, for high treason; or were then in the service of a prince at enmity with Great Britain. [Footnote y: Stat. 29 Car. II. c. 6.] [Footnote z: 7 Rep. 18.] [Footnote a: Cro. Car. 601. Mar. 91. Jenk. Cent. 3.] [Footnote b: 7 Ann. c. 5. and 4 Geo. II. c. 21.] THE children of aliens, born here in England, are, generally speaking, natural-born subjects, 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[c]. [Footnote c: Jenk. Cent. 3. cites _treasure francois_, 312.] 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[d]. 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 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[f]. A denizen is not excused[g] 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 from the crown[h]. [Footnote d: 7 Rep. Calvin's case. 25.] [Footnote e: 11 Rep. 67.] [Footnote f: Co. Litt. 8. Vaugh. 285.] [Footnote g: Stat. 22 Hen. VIII. c. 8.] [Footnote h: Stat. 12 W. III. c. 2.] 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,
PREV.   NEXT  
|<   313   314   315   316   317   318   319   320   321   322   323   324   325   326   327   328   329   330   331   332   333   334   335   336   337  
338   339   340   341   342   343   344   345   346   347   348   349   350   351   352   353   354   355   356   357   358   359   360   361   362   >>   >|  



Top keywords:

Footnote

 

denizen

 
natural
 

subjects

 
parliament
 

council

 

children

 
fathers
 

ligeance

 

subject


England

 

inheritable

 

convey

 
purchase
 

devise

 

member

 
partakes
 

inheritance

 

parent

 

incapable


NATURALIZATION
 

Calvin

 
performed
 
military
 

capable

 
paying
 

mercantile

 

excused

 

hereditary

 

denization


inherit

 

burthens

 

office

 
defect
 

treason

 

service

 

banished

 

exception

 

attainted

 

prince


enmity

 

Britain

 
purposes
 

modern

 

statutes

 

merchants

 

adjudged

 

behalf

 

restrictions

 
intents