of allegiance, there being between them this additional and important difference, that the former is entitled to the full benefit and protection of our laws, and the latter, on the other hand, subject to some civil disabilities. But the capacity of an alien may be enlarged by his becoming a denizen, or being naturalized. There arise, therefore, in this manner, four distinguishable conditions, viz. those of: 1. Natural-born subjects; 2. Aliens; 3. Denizens; 4. Persons naturalized ;-and some notice shall here be taken of each of these in their order. 1. As to natural-born subjects. All persons born within the dominions of the crown; that is, either within the united kingdom, or the territories thereto belonging, fall within this description (h). And this extends even to the children of aliens, if their parents were not at the time in enmity with our sovereign (i). But if a man be born within the realm, of parents who are alien enemies (k) (as may be the case in the time of foreign invasion), or be born of whatever parents, in a country not parcel of the British dominions, even though belonging to the sovereign (1) (as may be the case in Hanover), he is at common law, and subject to the exceptions to be presently noticed, an alien. And it accordingly [became necessary, after the Restoration, to pass a particular act of parliament, “for "the naturalization of children of His Majesty's English subjects born in foreign countries during the late "troubles (m)."] This state of the law is founded on [a general principle, that every man owes natural allegiance where he is born, and cannot owe two such allegiances, or serve two masters, at once. Yet the children of the sovereign and the heirs of the crown, wherever born, have always been held natural-born subjects; and the case is the same (h) Calvin's case, 7 Rep. 18 a. (i) In this "the constitution of France differs," says Blackstone, "from ours; for there, by their jus 66 albinatus, if a child be born of "foreign parents it is an alien."— (m) Stat. 29 Car. 2, c. 6. with regard to the children of our ambassadors, born abroad (n); [for as the father, though in a foreign country, owes not even a local allegiance to the prince to whom he is sent, therefore the son is held (by a kind of postliminium) to be born under the king of Great Britain's allegiance, represented by his father, the ambassador.] And there seems to have been formerly no other exception to the rule, that those born out of the dominions of the crown are aliens. But other very material ones have since been introduced. For [to encourage foreign commerce it was enacted by statute 25 Edward III. st. 2, that all children born abroad, provided both (o) their parents were, at the time of their birth, in allegiance to the king, and the mother had passed the seas by her husband's consent, might inherit as if born in England; and accordingly it hath been so adjudged on behalf of merchants (p).] And by several modern statutes (q), the restriction of the common law is still further relaxed; [so that all children born out of the queen's ligeance, whose fathers (or grandfathers by the father's side) were natural-born subjects, are now deemed to be natural-born subjects themselves, to all intents and purposes,] unless their said ancestors, at the time of the birth of such children, were attainted of treason; or were liable to the penalties of treason or felony in case of returning into the united kingdom without licence; or were in the actual service of a prince at enmity with the crown of this realm. But the grandchildren are in no case enabled by these statutes to claim any estate or interest, unless the claim be made within five years after the same shall accrue; and there is no provision made in them, in respect of a descent from any other ancestor than those above specified (r). (n) Calvin's case, ubi sup. (0) Doe v. Jones, 4 T. R. 300. (p) Bacon v. Bacon, Cro. Car. 601; Mar. 91; Jenk. Cent. 3. (q) 7 Ann. c. 5; 4 Geo. 2, c. 21; 13 Geo. 3, c. 21. By a (r) See 11 & 12 Will. 3, c. 6; 25 Geo. 2, c. 39; Doe v. Jones, 4 T. R. 300; Doe v. Acklam, 2 Barn. & Cress. 779; Doe v. Mulcaster, 5 Barn. & Cress. 771. recent statute, however, viz. by 7 & 8 Vict. c. 66, it is now further enacted, that every person born out of her majesty's dominions, of a mother being a natural-born subject of the united kingdom, shall be capable of taking to him, his heirs, executors or administrators, any estate real or personal, by devise or purchase, or inheritance or succession. These explanations will suffice to give a precise idea of what is intended in our law by the term of a natural-born subject. With respect to the rights of the persons to whom that term applies, it is enough to say in general, that they are those which form the principal subject of the four first Books of these Commentaries. There is a portion, however, of the natural-born subjects of this realm whose case is in some respects peculiar, and deserves notice in this place. The Jews born within this realm were formerly subject to many hardships and degradations, and appear to have been scarcely considered in any other light than as aliens (s). The view generally taken of their social condition is now, however, so different, that it would be absurd to doubt their full pretensions to the title, and in general to the privileges, of natural-born subjects; yet there are some disabilities to which they are still liable. Thus, being unable, consistently with their belief, to take the oath of abjuration, which is made “upon the true faith of a Christian (t)," they can neither sit in parliament nor hold any office, civil or military, under the crown (u). Indeed, from the latter privilege they are also excluded by the "declaration" which is required (as we shall show hereafter (v)) from persons admitted into all tion on this subject, see Blunt's Treatise on the Jews; Tucker's History of the Naturalization Bill; Prynne's Demurrer; Molloy de Jure Maritimo, b. 3, c. 6; In re Bedford Charity, 2 Swanst. 487; Miller v. Salomons, 8 Exch. 778. (s) Vide 2 Inst. 507. The Jews were banished from England by Edward the first, and were not re-established among us until about the period of the Restoration. Henry's Hist. Great Brit. vol. iv. p. 46; Blunt's Treatise on the Jews, p. 72. (t) Vide sup. pp. 344, 408. (u) For more particular informa (v) Vide post, bk. IV. pt. 1. c. x. Index, tit. Declaration. such offices, and which contains an expression of similar import. But by 8 & 9 Vict. c. 52, the Jews have been lately relieved from the disability to which they were before subject with respect to holding offices in municipal corporations, and are permitted to do so on condition of signing a declaration not to exercise their influence so as to injure or weaken the Protestant church: and by 9 & 10 Vict. c. 59, they are placed, in respect of their schools and places for worship, education, or charitable purposes, and the property held therewith, on the same footing as Protestant dissenters. 2. As to aliens. The legal notion of an alien has been already sufficiently defined (x). As to his rights when brought into any relation to this country, they are in some degree the same with those of a natural-born subject, but there are some principal lines of distinction, which it will be proper to trace out here, descending to further particulars hereafter, as they shall come in course. In the first place, an alien cannot (as we had occasion before to observe (y)) have a seat in parliament; nor can he (as formerly explained (2)) in general inherit lands; nor (except as regards such of his descendants as may be natural-born subjects) has he any inheritable blood, so as to transmit an estate in land, by descent. But in favour of such subjects it is provided by 11 & 12 Will. III. c. 6, that they may derive title by descent through an alien ancestor (a). Again, though an alien may purchase lands, yet by the general rule it shall not be for his own use, [for the king is thereupon entitled to them (b). If an alien could acquire a permanent property in lands, he must owe an allegiance, equally permanent with that property, to the king of England, which would probably be inconsistent with that which he owes to his own natural liege lord: (x) Vide sup. p. 411; et vide vol. 1. pp. 134, 436, 476. (y) Vide sup. p. 345. (z) Vide sup. vol. 1. p. 436. (a) Vide sup. vol. 1. p. 438. Et vide Co. Litt. by Harg. 8 a. (b) Vide sup. vol. 1. pp. 445, 476. [besides that thereby the nation might in time be subject to foreign influence, and feel many other inconveniences. Wherefore by the civil law such contracts were also made void (c); but the prince had no such advantage of forfeiture thereby, as with us in England. Among other reasons which might be given for our constitution, it seems to be intended by way of punishment for the alien's presumption, in attempting to acquire any landed property; for the vendor is not affected by it, he having resigned his right, and received an equivalent in exchange.] So by the common law, an alien wife cannot be endowed unless she marries by licence of the king (d); nor can an alien husband be tenant by the curtesy (e) of the estate of his wife, a natural-born subject: though now it is provided as to dower, by 7 & 8 Vict. c. 66, s. 16, that any woman married to a natural-born subject, or person naturalized, shall be deemed to be herself naturalized, and have all the rights and privileges of a natural-born subject. [An alien, however,] being the subject of a friendly state, and a merchant, might even at common law enter the realm and [acquire a property in goods, money, and other personal estate, or might hire a house for his habitation (f): for personal estate is of a transitory and moveable nature; and, besides, this indulgence to strangers is necessary for the advancement of trade.] And now any such alien may (subject to the regulations of 6 & 7 Will. IV. c. 11, for the registration of aliens), freely enter the realm and reside there (g); and by the express provision of 7 & 8 Vict. c. 66, (c) Cod. l. 11, tit. 55. (d) Calvin's case, 7 Rep. 25 a. (e) Ibid. (f) 7 Rep. 17; Jevens v. Harridge, 1 Saund. Rep. 8, note (1). (g) When political circumstances, however, have rendered it expedient to adopt greater caution as to aliens, the course has been to pass a temporary act, empowering a secretary VOL. II. of state, during a period specified, to order any alien to quit the realm where information has been received, showing the expediency of his removal; (see an instance 11 & 12 Vict. c. 20.) Indeed, according to Blackstone, an alien "is liable to be sent home whenever the sovereign sees occasion." E E |