3 & 4 Wm. & M. c. 11. By apprenticeship. Ibid. Having an estate and residence. c. 10. ecuting for a year any public parochial office (v). Being hired for a year when unmarried and childless, and serving a year in the same service (w). Being bound an apprentice gives the apprentice a settlement in that place wherein he served the last forty days (x). The having an estate of one's own, and residing thereon forty days, however small the value, if it be 8 & 9 Wm. 3, acquired by act of law, or of a third person, as by descent, gift, devise, &c., but if acquired by purchase (in its popular sense) then, unless the consideration be 30%. at least, it is no settlement for any longer time than the person shall inhabit 9 Geo. 1, c. 7. thereon (y). All persons not so settled may be removed to their own parishes, on complaint of the overseers, by two justices of the peace (z), if they shall adjudge them likely to become chargeable to the parish into which they have intruded, unless they are in a way of getting a legal settlement (a). 31 Geo. 2, c. 11. Salk. 524. (v) Abolished by 4 & 5 Wm. 4, c. 76, s. 64. (w) Abolished by 4 & 5 Wm. 4, c. 76, s. 64. (x) No settlement can now be acquired by being apprenticed in the sea service, or to a householder exercising the trade of the seas, as a fisherman or otherwise, 4 & 5 Wm. 4, c. 76, s. 67. (y) The restriction in the statute 9 Geo. 1, c. 7, s. 5, is limited to purchases for a money consideration; 4 B. & Adol. 156. A grant of a copyhold is a purchase within the stat; 1 T. R. 241. A residence for forty days in the parish is necessary; Burr. S. C. 307. Such residence need not be on the estate or successive; Burr. S. C. 125. But by 4 & 5 Wm. 4, c. 76, s 68, residence within ten miles of the parish is now necessary to retain any settlement gained by possession of any estate or interest. (2) By 4 & 5 Wm. 4, c. 76, no person is to be removed till after notice of his being chargeable has been sent to the parish to which the order of removal is directed. Such person may be removed if the order be submitted to, but not in case of appeal, s. 79. In case of appeal, the overseers are to have access to the pauper to examine him touching his settlement, s. 80. The grounds of appeal are to be stated in the notice, s. 81. The parish losing appeal, are to pay the costs to the other parish, if court should direct, s. 82. Either party making a frivolous or vexatious statement in the order or notice, is liable to costs, s. 83. Costs of relief are to be paid by the parish to which poor persons belong. Relief, under suspended order, is not recoverable unless notice be sent of such order, 8. 84. (a) See Mr. Hovendon's note on the late alterations in the poor laws, and particularly on the policy of the constitution of an unlimited establishment of paid commissioners, in the nineteenth edition of Blackstone, vol 1, p. 365, n. 67. 65 CHAPTER X. OF THE PEOPLE, WHETHER ALIENS, DENIZENS, OR NATIVES. The first and most obvious division of the people is into Of the people. aliens and natural born subjects. Natural born subjects are Natural born such as are born within the dominions of the crown of England; subjects. that is, within the legiance or the allegiance of the king; and aliens, such as are born out of the kingdom. Allegiance is the tie or ligamen which binds the subject to the king, in return for that protection which the king affords the subject. The oath of fealty, required by the feodal law to be taken by Allegiance. all tenants to their landlord, is couched in almost the same terms as our ancient oath of allegiance, except that in the oath 2 Feud. 5, 6,7° of fealty there was frequently an exception of the faith due to a superior lord under whom the landlord himself perhaps was only a tenant or vassal. But when the acknowledgment was made to the superior himself, who was vassal to no man, it was called the oath of allegiance, and therein the tenant swore to bear faith to his sovereign lord, in opposition to all men, with- 2 Feud. 99. out exception. Land held by this species of fealty was called feudum ligium, a liege fee; the vassals homines vigii, or liege men; and the sovereign their dominus ligius, or liege lord. It being a settled principle of tenure that all lands in the kingdom are holden of the king as lord paramount, no oath but that of fealty could be taken to inferior lords, and the oath of allegiance was confined to the king alone. By an easy analogy the term of allegiance was brought to signify all other engagements due from subjects to their prince, as well as those duties which were simply territorial. The oath of allegiance, which binds the subject "to be faithful and bear true allegiance to 7 Rep. the king," was introduced by the convention parliament at the Calvin's case, Revolution. The oath of supremacy is calculated as a renunciation of the pope's pretended authority (a); and the oath of abjuration (b), introduced in the reign of William the Third, recognizes the right of the king derived under the act of settlement, engaging to support him, to disclose all traitorous conspiracies (a) See post, note (c), p. 66. F 7. 13 W. 3, c. 6. (b) See post, note (c), p. 66. 6 Geo. 3, c. 53. 2 Inst. 121. against him, and renouncing the pretender. This oath must be taken by all persons in any office, trust or employment, and may be tendered, by two justices of the peace, to any person 1 Geo. 1, c. 13. whom they suspect of disaffection; and the oath of allegiance (c) may be tendered to all persons above the age of twelve years, whether natives, denizens or aliens, either in the court leet or sheriff's tourn. But there is an implied allegiance owing from every subject to his sovereign, antecedently to any express allegiance in form, in the same manner as the king, by the descent of the crown, is bound to all duties of sovereignty before his coronation oath. 1 Hal. P. C. 64. 1 Hal. P. C. 61. Natural and local allegi ance. 7 Rep. 7. Local alle- Relative rights subjects and aliens. Co. Litt. 2. Allegiance, both express and implied, is distinguished by the law into natural and local allegiance, the former being perpetual, the latter temporary. Natural allegiance is due from all men born within the king's dominions immediately upon their birth, and continues universal and permanent. Local allegiance is due from an alien whilst he continues within the king's dominions, and ceases the instant he transfers himself from them. The rights of natural born subjects are acquired by being of natural born born within the king's legiance, and can never be forfeited by any distance of place or time, but only by their own misbehaviour. The rights of aliens are more circumscribed, being acquired only by residence here, and lost whenever they remove. If an alien born purchase lands in England, the king is thereupon entitled to them; yet an alien may acquire a property in goods, money, or other personal estate (d), or may hire a house for his habitation. Aliens may also trade as freely as other people. They may bring actions concerning personal property, and may make wills and dispose of their personal estate. These privileges, however, apply to alien friends only; for alien enemies have, during war, no rights, unless by the king's special favour. All children born out of 13 Geo.3, c.21. the king's legiance, whose fathers or grandfathers, by the 7 Rep. 17. 7 Ann. c. 5. 4 Geo. 2, c.21. father's side, were natural born subjects, are declared to be natural born subjects themselves, unless such ancestors were attainted or banished for high treason, or were at the birth of such children in the service of a prince at enmity with Great Britain. Yet the grandchildren of such ancestors are not (c) Another form of oath was substituted for Roman Catholics by (d) If he take a lease for years of lands the king shall have it. habitation, he may take a lease for years as incident to commerce. 10 Geo. 4, c. 7. But of a house for Co. Litt. 26, 2 b. enabled to claim any estate or interest, unless the claim be made within five years after the same shall accrue. The children of aliens, born in England, are, generelly speaking, natural born subjects, and entitled to all the privileges of such. A denizen is an alien born, but who has obtained ex do- Denizens. natione regis letters patent to make him an English subject. 7 Rep. 25. 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; 11 Rep. 67. 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 son (e). 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 Naturalization cannot be performed but by act of parlia- Naturalization. ment, for by this an alien is put in exactly the same state as may. Co. Litt. 8. if he had been born in the king's legiance; except, that he is incapable, as well as a denizen, of being a member of the privy 12 Wm. 3, c.2. council or parliament, and of holding offices or grants from the crown; nor can any person be naturalized unless he has received the sacrament within one month before the bringing in of the bill; and unless he takes the oaths of allegiance and supremacy (ƒ) in the presence of parliament. 7 Jac. 1, c. 2. CHAPTER XI. OF THE CLERGY. The people, whether aliens, denizens, or natives, are divis- Of the clergy. able into two kinds, the clergy and laity. The clergy comprehend in law all persons in holy orders and in ecclesiastical offices. They have certain privileges, (e) By 25 Geo. 2, c. 39, no natural born subject can derive a title through an alien parent or ancestor, unless he be born at the death of the ancestor, who died seised of the estate, which he claims by descent; but if a descent be cast upon a daughter of an alien, it shall be devested in favour of a natural born son; and in case of an after born daughter or daughters only, all the sisters shall be co-parceners. (f) See ante, note (c), p. 66. tions. F. N. B. 160. 2 Inst. 4. Their exemp- exemptions, and disabilities. A clergyman cannot be compelled to serve on a jury, nor to appear at a court leet or view of frankpledge; nor can he be chosen to any temporal office. Finch, L. 88. During his attendance on divine service he is privileged from arrests in civil suits. Clergyman are incapable of sitting in the house of commons; and by 21 Hen. 8, c. 13, are not allowed to take any lands or tenements to farm (a), or to engage in any manner of trade, or sell any merchandize (b). 50 Edw. 3, € 5. 1 Richd. 2, c. 16. And disabilities. Ranks and de grees in ecclesiastical polity. Archbishops or bishops, how elected. The ranks and degrees in the frame and constitution of ecclesiastical polity, are archbishops and bishops, deans and chapters, archdeacons, rural deans, parsons and vicars, curates, churchwardens, and parish clerks. An archbishop or bishop (c) is elected by the chapter of his cathedral church by virtue of a license from the crown. (a) By 1 & 2 Vict. c. 106, s. 28, spiritual persons are not to take to farm for occupation above eighty acres, without the consent of the bishop in writing, and then not beyond seven years, under penalty of 40s. per acre. (b) By 1 & 2 Vict. c. 106, the act 57 Geo. 3, c. 99, was repealed, and it was enacted that no spiritual person beneficed or performing duty, shall engage in trade, or buy to sell again for profit or gain. But this prohibition does not extend to spiritual persons engaged in keeping schools, or as tutors, &c. in respect of any thing done, or any buying or selling in such employment, or to selling any thing bona fide bought for the use of the family, or to being a manager, &c. in any benefit, or life or fire assurance society, or buying and selling cattle, &c. for the use of his own lands, &c. Spiritual persons illegally trading may be suspended, and for the third offence deprived, ss. 29, 30, 31. (c) By 6 & 7 Wm. 4, c. 77, "for carrying into effect the reports of the commissioners appointed to consider the state of the established church in England and Wales, with reference to ecclesiastical duties and revenues, so far as they relate to episcopal dioceses, revenues, and patronage;" after reciting the commissions, and stating that the said commissioners had made several reports, in which they advised that commissioners should be appointed by parliament, to prepare and lay before the queen in council such schemes as should appear to them best adapted for carrying into effect the recommendations contained in such reports, and that the reports suggested new arrangements of the various dioceses therein mentioned (and which are stated in the preamble to the act), and the erection in the province of York of two new sees, one at Manchester and the other at Ripon; that the jurisdiction of the bishop's court in each diocese be co-extensive with the limits of the diocese as newly arranged; that such alterations be made in the apportionment or exchange of ecclesiastical patronage among the several bishops as should be consistent with the relative magnitude and importance of their dioceses when newly arranged, and as should afford an adequate quantity of patronage to the bishops of the new sees, and that to provide for the augmentation of the incomes of the smaller bishopricks, such fixed annual sums be paid to the commissioners out of the revenues of the larger sees as should, upon due inquiry and consideration, be determined on so as to secure to the several bishopricks certain average annual incomes, it was enacted, that certain persons be incorporated by the name of "the Ecclesiastical Commissioners for England," who are to prepare and lay |