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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 devise, which an alien may not; but cannot take by inheritance: for his parent, through whom he muft 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 houfe of parliament, or have any office of trust, civil or military, or be capable of any grant of lands, &c. from the crown h

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 houfe of parliament, without such disabling 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 seven 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 these provisions have been usually dispensed 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

d 7 Rep. Calvin's cafe. 25.

. 11 Rep. 67.

f Co. Litt. 8. Vaugh. 285.

g Stat. 22 Hen. VIII. c. 8.

h Stat. 12 W. II. c. 2. & 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 Geo. 11. c. 24, 4 Geo. IiI. c. 4.

quently

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quently endeavoured fince the commencement of this 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 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 P in particular, was the fubject 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 ftatute 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 Geo. III. c. 25. 13 Geo. III. c. 25.

PA pretty accurate account of the

Jews till their banishment in 8 Edw. I.
may be found in Prynne's demurrer, and
in Molloy de jure maritimo. b. 3. č. 6. -

Stat. 26 Geo. I. c. 26.
Stat. 27 Geo. II. c. I.

CHAPTER THE ELEVENTH.

OF THE CLERGY.

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IIE people, whether aliens, denizens, or naturalborn fubjects are divifible 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.

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THIS venerable body of men, being separate and fet apart from the rest of the people, in order to attend the more closely to the fervice 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 popifn 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 lose it's proper channel, fo in times paft ecclefiaftical perfons, feeking to extend their liberties beyond their true bounds, either loft or enjoyed not thofe 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 almost every other perfon is obliged to do; but if a layman is fummoned on a jury, and before the trial takes orders, he shall notwithstanding appear and be fworn. Neither can he be

a 2 Inft. 4.

b F. N B. 160. 2 Inft. 4.

c 4 Leon. 190.

chofen

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chofen to any temporal office; as bailiff, reeve, constable, 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 cafes 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 also they have their disabilities, on account of their fpiritual avocations. Clergymen, we have seen, are inca pable 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 constitution of ecclefiaftical polity there are divers ranks and degrees: which I fhall confider in their respective 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 promifcuously performed by the laity as well as the clergy: till at length it becoming tumultuous, the empe

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rors and other fovereigns of the respective kingdoms of Europe took the appointment in fome degree into their own hands; by referving to themfelves the right of confirming thefe elections, and of granting inveftiture of the temporalties, which now began almoft univerfally to be annexed to this fpiritual dignity; without which confirmation and inveftiture, the elected bifhop could neither be confecrated nor receive any fecular profits. This right was acknowleged in the emperor Charlemagne, A. D. 773, by pope Hadrian I, and the council of Lateran1, and univerfally exercised by other chriftian princes: but the policy of the court of Rome at the fame time began by degrees to exclude the laity from any fhare in thefe elections, and to confine them wholly to the clergy, which at length was completely effected; the mere form of election appearing to the people to be a thing of little confequence, while the crown was in poffeffion of an abfolute negative, which was almost equivalent to a direct right of nomination. Hence the right of appointing to bishopricks is faid to have been in the crown of England (as well as other kingdoms in Europe) even in the Saxon times ; because the rights of confirmation and inveftiture were in effect (though not in form) a right of complete donation'. But when, by length of time, the custom of making elections by the clergy only was fully eftablished, the popes began to except to the usual method of granting these investitures, which was per annulum et baculum, by the prince's delivering to the prelate a ring, and pastoral staff or crosier; pretending, that this was an encroachment on the church's authority, and an attempt by these symbols to confer a fpiritual jurisdiction: and pope Gregory VII, towards the clofe of the eleventh century, published a bulle of excommunication against all princes who fhould dare to confer inveftitures, and all prelates who fhould venture to receive them ". This was a bold step towards effecting the plan then adopted

i Decret. I dit. 63. c. 22.

k Palm. 28.

1 Nulla electio praelatorum (funt "verba Ingulbi Jerat mere libera et cano"nica; fed omnes dignitates tam epifcopo"rum, quam abbatum, per annulum et ba

k

m

«culum regis curia pro fua complacentia
"conferebat." Penes clericos et monachos
fuit clectic, fed ele Etum a rege poftulabant.
Selden. Jan. Ang. 1. 1. §. 39.
m Decret. 2 cauf. 16. qu. 7. c. 12.
& 13.

by

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