29 Assize, 30, 31, 32, Assize Traverse,

32. 13 and 14 Car. 2.

c. 11. s. 10. 14 and 15

And if the King obtains not the possession within the year after the office found, he cannot seize without a scire facias.

An alien infant, under the age of twenty-one years, cannot be a merchant trader within this realm, nor can he enter any goods in his own name at the Custom-house; neither indeed can an infant carry on trade at all though he be a natural-born subject. Cro. Jac. 494, &c.

If an Englisman shall go beyond sea, and shall there swear allegiance to any foreign H. 8. c. 4. prince or state, he shall be esteemed an alien, and shall pay the same duties as they; but, if he returns and lives in England, he shall be restored to his liberties.

Lord
Raym.282.

Cro. Jac. 532. Dr.

and St. Di. J. c. 7.

Lit. s. 3.

1 Inst. 10. Hale's History of the Law, c. 1.

Grot, de Jure Belli ac Pac.

An alien enemy commorant here by the King's license, and under his protection, may maintain debt upon bond, although he came not with safe conduct.

The eldest son of an alien, being also an alien, cannot inherit; but the land shall descend to the younger brother, if a denizen: as, for instance, if there be three brothers, of which the eldest is an alien, the other two naturalized, and the middle brother purchases, and dies without issue, the younger brother shall have the land.

Concerning the rule of descent, a proximity of blood is not so much to be regarded as the municipal laws of the country in which the question ariseth; for the several laws of divers kingdoms have variously disposed the manner of descents, even in the same line and degree of nearness: for instance, the father certainly is as near of kin to the son as the son is to the father, and is nearer in proximity than a brother, and therefore shall be preferred as next of kin in administration of the son's estate.

According to the laws of England, the son's dying without issue, or brothers or sisters, the father cannot succeed, but it descends to the uncle.

There are two kinds of descent, according to the common law of this realm, viz. 1st, Lineal, from the father, or grandfather to the son, or grandson; and

2dly, Collateral or transversed; as from brother to sister, uncle to nephew, and è converso: and both these again are of two sorts.

*

1st, Immediate, as in lineals, from father to son.

2dly, Mediate, as in lineals, from grandfather to grandchild; where the father dying in the life-time of the grandfather, is the medium differens of the descent; collateral, as lib.2.c.7. in the lineal, from uncle to nephew, or è converso.

Dyer, 274,
Gray's case.

And this is mediate descent, or mediate ancestor, though to many purposes it may may be immediate; for the father dying in the life-time of the grandfather, the son succeeds in point of descent in the lands immediately to the grandfather; and in writ of entry shall be supposed to be in the grandfather, and not in the post & cui.

This is called a mediate descent, because the father is the medium through whom the son derives his title to the grandfather.

In immediate descents there can be no impediment, but what arises in the parties themselves; for instance, the father seized of lands, the impediment that hinders the descent must be in the father or son, as if either of them be an alien.

In mediate descents, the disability of being an alien, in him that is called the medius antecessor, will disable a person to take by descent, though he himself have no such disability.

In lineal descents, if the father be an alien, and hath issue a denizen born, and die in the life-time of the grandfather; the grandfather dies seized, the son shall not take, but the land shall escheat.

In collateral descents, A. and B. brothers: A. is an alien, and has issue C. a denizen born; B. purchases lands, and dies without issue; C. shall not inherit, because A. which was the medius antecessor, or medium differens, is incapable.

But in any descents, the impediment in an ancestor, who is not medius antecessor, from whom, and to whom, will not impede the descent.

case.

Coron, fol.

As for instance; the grandfather and grandmother, being both aliens, have issue, the Courtney's father, a denizen, who hath issue the son, a natural-born subject; the father purchases Com. lands, and dies, the son shall be heir to the father, notwithstanding the disability of the Pleas grandfather, and yet all the blood that the father hath is derived from the disabled pa- 141. rents; for they are not medii antecessores, between the father and the son, but paramount. The law does not hinder, but that an alien is of the same degree and relation of con- Cro. Car. sanguinity as natural-born subjects, or denizens born, the son, the father, and brother, Carcons' though aliens; the son, father, and brother, our law takes notice of as well as natural case. born subjects; and so it was adjudged; for he shall be preferred in administration, though an alien, as next of kin.

8,9.

Tit. Cozen

But in cases of inheritance, the law takes no notice of him, and therefore, as he shall 29 do 3 not take by descent, so he shall not impede the descent to the younger brother; as, for age, 5. instance, A. an alien, B. and C. naturalized by act of Parliament, all brothers; B. purchases lands, and dies, sine prole, without issue, C. shall inherit, and not A.

case,

Ban,

A. an alien, B. and C. his brothers, both naturalized by act of Parliament; B. pur- Ramsay's chases lands, and dies without issue, the same shall not come to A. nor to his issue, 15 Car. 2. though a denizen, but shall come to C. and his issue; the law taking no notice of A. as in Com. to impede the succession of C. or his issue, though it work a consequential disability, to bar the issue of A. parallel to what the law calls corruption of blood, which is a consequent of attainder.

Again, in a lineal descent, if there be a grandfather, a natural-born subject, the father of an alien, and the son a natural-born subject; the father is made a denizen, yet he shall not inherit the grandfather; and if the father dies in the life of the grandfather, the grandchild, though born after the denization, doth not remove either the personal, or the consequential impediments, or incapacity of the father.

and Dixon's case.

In collateral descents, the father, a natural-born subject, has issue two sons aliens, Godfrey who are both made denizens; one dies without issue, the other shall not inherit him. A. an alien, marries an English woman, who is seized of lands, and has issue; the fa- Godb. 275. ther and mother die, yet the issue may inherit the mother, non obstante the incapacity 539. of the father being an alien.

Cro. Jac.

2 Roll's

Rep. 92. 285.

The statute de natis ultra mare declares the issue, born of an English man upon an English woman, shall be a denizen; and the construction has been, though an English Levinz. 59. merchant marries a foreigner, and has issue by her born beyond the seas, that issue is a 25 Ed. 3. natural-born subject.

Cro. Car. 601.

601.

But if an English woman goes beyond the sea, and there marries an alien, and has Cro. Car. issue beyond the sea, that issue are aliens.

Yet if an English woman marries an alien beyond the seas, and then comes into England, and has issue, they are not aliens, but may inherit.

Bacon's case.

Prowd's

case of

12 Car, 2.

No alien, or persons not born within the allegiance of the King, or naturalized, or made a free denizen, shall exercise the occupation of a merchant, or factor, in any of c. 18. s. 2. his Majesty's plantations or territories in Asia, Africa, or America, upon pain of forfeiture of all his goods, which are in his possession, &c.

21. s. 53.

All such persons as shall be born on board any of the ships employed about the trade 9 Anne, c. of the South Sea Company, or in any of the places which shall be discovered or possessed by the company, shall be deemed natural-born subjects.

s. 129.

NATURALIZATION is the making an alien the King's natural subject by act of Parlia- 1 Inst. ment, whereby he becomes as much a subject, to all intents and purposes, as if he was born so; for by naturalization, a person's issue, before the naturalization, shall inherit. A stranger, naturalized by act of Parliament, may have lands by descent, as heir at law, as well as have them by purchase; but until he is naturalized, or made denizen, a stranger is not generally under the King's protection, to have the benefit of the laws.

c. 2.

7 Jac. 1. No person of the age of eighteen years, or above, shall be naturalized, unless he have received the Lord's Supper within one month before any bill exhibited for that purpose, and also shall take the oath of supremacy and allegiance in the Parliament House, before his bill be twice read; and the Lord Chancellor, if the bill begin in the Upper House, and the Speaker of the Commons House, if the bill begin there, shall have authority during the session to administer such oaths.

1 Geo. 1,

The clause in the act 12 Will. 3. cap. 2. whereby it is enacted, that no person born c. 4. . . out of these kingdoms, though he be naturalized, except such as are born of English parents, should be capable to be of the Privy Council, &c. shall not extend to disable any person, who, before his Majesty's accession to the crown, was naturalized.

S. 2.

4 Geo. 1.
c. 21. s. 1.

S. 2.

8.3.

13 Geo. 2. p. 123.

P. 167,

165.

No person shall be naturalized, unless in the bill exhibited for that purpose there be a clause to declare, that such person shall not be enabled to be of the Privy Council, or a member of either House of Parliament, or enjoy any office of trust, or have any grant from the crown; and no bill of naturalization shall be received without such clause.

Children born out of the allegiance of the crown of Great Britain, whose fathers shall be natural-born subjects, shall, by virtue of the act 7 Anne, cap. 5. and of this act, be natural-born subjects.

Provided that nothing in 7 Anne, cap. 5. or this act, shall make any children, born out of the legiance of the crown, to be natural-born subjects, whose fathers, at the time of the birth of such children, were, or shall be attained of high treason, either in this kingdom, or in Ireland, or were liable to the penalties of high treason or felony in case of their returning into this kingdom or Ireland, without license of his Majesty; or were, or shall be in the service of any foreign state, then in enmity with the crown of Great Britain.

If any child, whose father, at the time of the birth of such child, was attained of high treason, or liable to the penalties of high treason or felony in case of returning without license, or was in the service of any foreign state in enmity with the crown, excepting all children of such persons who went out of Ireland in pursuance of the articles of Limerick, hath come into Great Britain or Ireland, or any other of the dominions of Great Britain, and hath continued to reside within the dominions aforesaid for two years, at any time between the 16th of November, 1708, and the 25th of March, 1731, and during such residence hath professed the Protestant religion, or hath come into Great Britain, &c. and professed the Protestant religion, and died within Great Britain, &c. at any time between the 16th of November, 1708, and the 15th of March, 1731, or hath continued in the actual possession or receipt of the rents of any lands in Great Britain, &c. for one year, at any time between the said 16th of November, 1708, and the 25th of March, 1731; or hath, bona fide, sold or settled any lands in Great Britain or Ireland, and any person claiming title thereto, under such sale or settlement, hath been in actual possession or receipt of the rents thereof for six months, between the said 16th of November, 1708, and the 25th of March, 1731, every such child shall be deemed a natural-born subject of the crown of Great Britain.

And for the better encouraging foreign seamen to serve on board British ships, it is further enacted, that every such foreign seaman who shall, after the first day of January, 1739, have served during the war, on board any British man of war, merchant ship, or privateer for two years, shall be deemed a natural-born subject of Great Britain, and shall enjoy all the privileges, &c. as an actual native of Great Britain.

Provided that no person, thus naturalized, shall be of the Privy Council, a member of either House of Parliament, or have any place of trust, civil or military, or have any grant of lands, &c. from the crown.

Enacted, that after the 1st day of June, 1740, all foreigners, who have inhabited or shall inhabit for seven years, or more, in any of our American colonies, and shall not

be absent from some of the said colonies more than two months, at any one time, during the said seven years; and shall take and subscribe the oaths, and make, repeat, and subscribe the declaration appointed by the act of 1 Geo. I. or, being a Quaker, shall make and subscribe the declaration of fidelity, and take and affirm the effect of the abjuration oath, appointed by the act 8 Geo. I. and also make and subscribe the profession of his Christian belief, appointed by the act 1 W. and M. before any one of the judges of the colony, wherein such persons have inhabited, or shall inhabit, shall be adjudged to be his Majesty's natural-born subject of this kingdom, to all intents and purposes, as if they had been really born in the same; that the said judges shall give the said oaths, &c. in open court, between the hours of nine and twelve in the forenoon, which shall be entered in the same court, and also in the secretary's office of the colony wherein such person shall so inhabit; for doing whereof two shillings shall be paid at such respective place, under the penalty of 101. for every neglect: every secre- 13 Geo. 2. tary is also required to make such entry, in a book to be kept for that purpose in his p. 169. office, on notification by a judge of the same colony, under the like penalty.

All persons duly qualifying themselves to be naturalized, except Quakers or Jews, shall receive the sacrament of the Lord's Supper in some Protestant congregation in Great Britain, or in some of the American colonies, within three months next before their taking and subscribing the said oaths and declaration; and shall at the time of taking and subscribing the said oaths, &c. produce a certificate, signed by the person administering the said sacrament, and attested by two credible witnesses, whereof an entry shall be made in the secretary's office of the colony wherein they shall inhabit, as also in the court where the said oaths shall be taken, without fee or reward.

Whenever a Jew presents himself to take the oaths pursuant to this act, the words, P. 170. upon the true faith of a Christian," shall be omitted in administering the same; and the taking the said oaths, without those words, as the Jews were permitted to take the oath of abjuration by the act of 10 Geo. I. shall be deemed a sufficient taking according to this act.

A certificate, under the seal of any of the said colonies, of any person's having conformed in the several particulars required by this act, shall be deemed a sufficient testimony thereof, and of his being a natural-born subject of Great Britain, to all intents and purposes, in every court within the King's dominions.

The secretary of every respective colony shall send over to the Commissioners of P. 171. Trade at London, at the end of every year, to be computed from the 1st of June, 1740, exact lists of the names of all persons who have that year intitled themselves to the benefit of this act, under penalty of 501. for every neglect; all which lists shall be entered in a book, by the said commissioners, to be kept at the office for public view. Foreign Protestants who have served in the Royal American Regiment, or as engi- 2 Geo. 3. neers in America for two years, and shall take the oaths, &c. appointed by 1 Geo. 1. c. 13. and shall produce certificates of their having received the sacrament in some Protestant church, within six months of the time of their taking the oaths, &c. shall be deemed natural-born subjects.

Provided that no such naturalized person shall be of the Privy Council, or a member of either House of Parliament, or capable of enjoying any place of trust in Great Britain or Ireland, civil or military, or of taking any grant from the crown to himself, or any in trust for him, of any lands, &c. in Great Britain or Ireland.

c. 25. i, 1.

p. 935,

936.

After reciting the before-mentioned act, it adds, " and as many of the people of the 20 Gen. 2. congregation called the Moravian Brethren, and other foreign Protestants, not Quakers, who scruple the taking of an oath, are settled in his Majesty's colonies in America, and demean themselves there as a sober, quiet, and industrious people, and many others of the like persuasion, are desirous to transport themselves thither; and if the benefit of

P. 937.

See 13 Geo. the said act of 13 Geo. 2. were extended to them, they who are now there, would 3. c. 25. thereby be encouraged to continue their residence, and others would resort thither in greater numbers; whereby the said colonies would be improved, their strength increased, and their trade extended: It is therefore enacted, that from and after the 25th of December, 1747, all foreign Protestants, who conscientiously scruple the taking of an oath, and who are born of the liegance of his Majesty, who have or shall reside for seven years in any of his Majesty's colonies in America, and shall not have been absent out of some of them longer than two months at any one time during the said term, and shall qualify themselves, as by the recited act of 1 W. and M. and 8 Geo. 1. is directed, before the chief or other judge of the colony, wherein they respectively have or shall so reside, shall be deemed to be his Majesty's natural-born subjects, to all intents and purposes, as if they had been born within this kingdom; which said affirmation and subscription of the said declaration, the said chief, or other judge, is to administer and take, and the same shall be done in every respect, as in the said recited act of 13 Geo. 2. is set forth and directed, and lists shall be transmitted," &c.

P. 938.

1 Inst. 129.

Dyer, fol.

20. Crow

No person shall be naturalized by virtue of this act, unless he shall have received the sacrament, &c.

The provisions contained in the act of 13 Geo. 2. &c. shall extend to foreign Protestants, who conscientiously scruple the taking of an oath, and who shall be qualified as aforesaid.

The said foreign Protestants shall enjoy the privileges of natural-born subjects, and all the benefits of this act, and the said act of 13 Geo. 2.

No person who shall become a natural-born subject of this kingdom by virtue of this act, shall be of the Privy Council, &c.

Nothing in this act, or in the recited act of 13 Geo. 2. shall extend to naturalize any person who by virtue of an act of 4 Geo. 2. intituled "An act to explain a clause in 7 Annæ," &c. is declared not to be intitled to the benefit of the said act of 7 Annæ, but all such persons shall remain in the same state and condition to all intents and purposes, as they would have been in, if the said recited act of 13 Geo. 2. or this act had never been made.

According to law, no one can be naturalized but by act of Parliament, and that cures the defect as if they had been born in England; and acts of this nature may be so, penned, as to cure defects in the father or ancestor, as well as in the parties themselves, which it will not do except express words to that purpose are inserted.

Children born of parents, subjects within any of the places or guards possessed by 24 Placit the King's army when in an hostile manner he forcibly enters the territories of another v. Ramsey. prince or state, shall be deemed natural-born subjects, and stand in no need of naturalization.

Lord

It has been conceived, that a foreigner, being naturalized in Ireland, may clothe Vaughan, him with the title of a natural-born subject of that country, but not qualify him as one of this.

fol. 301.

Bract. lib. 6. Tract. 5. c. 25.

Denization is the enfranchising an alien: making him a subject by the King's letters patent, and he is called Donaison, because his legitimation proceeds ex donatione regis, 2 Inst. 741. from the King's gift. Such a one is enabled in many respects to do as the King's native subjects do, to purchase and possess lands, enjoy any office or dignity; and when he is thus enfranchised, he is said to be under the King's protection, or esse ad fidem Regis Anglia, before which time he can possess nothing legally, in England. But notwithstanding this, it is of naturalization; for a stranger naturalized may inherit land by descent, which a denizen cannot; and in the charter, whereby a person is made a denizen, there is commonly contained some clause that expressly abridges him of that full benefit which natural subjects enjoy.