is founded upon an implied contract, that so long as one affords protection, so long the other will demean himself faithfully. Even if an usurper is in full possession of the sovereignty, an alien visitor should not practice anything against his crown or dignity.

Loyalty. The oath of allegiance, or rather the allegiance itself, is held to be applicable, not only to the political capacity of the king or regal office, but to his natural person and blood royal. Hence arose the principle of personal attachment and affectionate loyalty, which induced our forefathers to hazard their all in defence of their sovereign.

Alien's Property in Lands. An alien born may purchase lands or other estates, but not for his own use, for the king is thereupon entitled to them. If he can acquire permanent property in lands, he must owe an allegiance, equally permanent with that property, to the king of England. This would be inconsistent with that allegiance, which he owes to his own natural liege lord, and in time the effect of foreign influence would be noticeable. Wherefore by the civil law, such contracts were decreed void.

Aliens' Acquisition of Personal Property. An alien may acquire a property in goods, money and other personal estate, or may hire a house in which to dwell. Personal estate is of a transitory and movable nature, and this indulgence to strangers is necessary for the advancement of trade. An alien may trade as freely as other people, and may bring an action concerning personal property. He may make a will, and dispose of his personal estate. This refers to subjects of countries, which are at peace with England, for alien enemies have no rights or privileges, unless by the king's special favor, during the time of

war.

Children of Subjects, born Abroad. There are exceptions to the rule, that an alien is one, who is born out of the king's dominions. A statute was passed for the naturalization of the children of his majesty's English subjects, born in foreign countries during the late troubles, on the principle, that every man owes natural allegiance where he is born, and cannot owe two allegiances, or serve two masters at once. Yet the children of the king's ambassadors, born abroad, were always held to be natural subjects, for as the father, though in a foreign country, owes not even a local allegiance to the prince to whom he is sent,

so with regard to his son. To encourage foreign commerce, it was enacted under Edward III, that all children born abroad, provided both their parents were at the time of their birth in allegiance to the king of England, and the mother had passed the seas by her husband's consent, might inherit, as if born in England. At the present time, all children born abroad, whose fathers or paternal grandfathers were natural born subjects, are now deemed to be subjects to all purposes, unless said ancestors were attainted or banished for treason, or at the date of the birth of such children, were in the service of a prince at enmity with Great Britain.

Children of Aliens born Here. The children of aliens, born in England, are generally natural born subjects, and entitled to all the privileges of subjects.

Denizens. A denizen is an alien born, who has obtained as a gift of the king, letters patent to make him an English subject. He is in a kind of middle state between an alien and a natural born subject, and partakes of the nature 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, being an alien; had no inheritable blood, and, therefore, could convey none to his son. Also the issue of a denizen, born before denization, cannot inherit from him, but his subsequent issue may. A denizen is not excused from paying the alien's duty. No denizen can be a member of the privy council or of either house of parliament, or hold any office of trust, civil or military, or be capable of any grant of lands from the crown.

Naturalization. This cannot be performed but by act of parliament, for by this, an alien is placed in exactly the same state, as if he had been born in the king's dominions, except that he is incapable, as well as a denizen, of being a member of the council or parliament, or to hold office. No bill of naturalization can be received in either house without such disabling clause in it, nor without a clause, prohibiting a person from obtaining any immunity in trade thereby in any foreign country, unless he shall have resided in Britain for seven years next after the commencement of the session, in which he is naturalized. Neither can any person be naturalized, unless he has received the sacrament of the Lord's supper,' within one month before

1 Israelites may be naturalized, without receiving the sacrament.

the bringing in of the bill, and taken the oaths of allegiance and supremacy in the presence of parliament. But these provisions have usually been dispensed with by special acts of parliament, previous to bills of naturalization of foreign princes or prin

cesses.

Different Naturalization Laws. These distinctions between aliens, denizens and natives have been frequently sought to be removed by one general naturalization act. Every foreign seaman, who in time of war serves two years on board an English ship, by virtue of the king's proclamation, is ipso facto natturalized. And all foreign protestants and jews, upon residing seven years in any of the American colonies, without an absence at any time of over two months, and also all foreign protestants serving two years in a military capacity there, or being three years employed in the whale fishery, without afterwards absenting themselves for more than one year, upon taking the oaths, shall be naturalized, subject to the restriction relating to official positions as above.

CHAPTER XI.-THE CLERGY.

Divisions. The people of all classes are divisible into the clergy and laity, the former comprehending all persons in holy orders, and in ecclesiastical offices.

Privileges. Large privileges are allowed this revered body of men by our municipal laws, although they have been greatly abridged, inasmuch as these privileges had been abused. For the laws having exempted the clergy from almost every duty, they sought a total exemption from every secular tie. The personal immunities for the most part continue. A clergyman cannot be compelled to serve upon a jury, nor appear at a court leet, which almost every person is obliged to do; but if a layman be summoned on a jury, and afterwards take orders, he shall appear and be sworn. Neither can he be chosen to any temporal office, as bailiff, constable or the like. During his attendance on divine service, he is privileged from arrests in civil suits. In cases of felony, a clerk in orders shall have the benefit of his clergy, without being branded in the hand, and may likewise claim it more than once.

Disabilities. As they have their privileges, clergymen have also their disabilities. They are incapable of sitting in the house of commons, and by statute are not allowed in general to take any lands to farm,1 nor to keep a tan-house or brew-house, nor engage in any manner of trade, nor sell any merchandise, under forfeiture of its treble value, which prohibition is consonant with the canon law.

Ranks and Degrees. In the constitution of ecclesiastical polity, there are divers ranks and degrees. Under each division, we will consider: (1) The method of their appointment. (2) Their rights and duties. (3) The manner wherein their character or office may cease.

1. Archbishop or Bishop. This prelate is elected by the chapter of the cathedral church, by virtue of a license from the crown. In earlier times, election was the usual mode of elevation to the episcopal chair throughout all Christendom, and this was performed by the laity as well as the clergy, till at length it becoming tumultuous, the sovereigns themselves of the respective kingdoms of Europe took the appointment in some degree in their own hands. They reserved the right to confirm these elections, and of granting investiture of the temporalties, which now began to be annexed to the spiritual dignity, without which confirmation and investiture, the elected bishop could neither be consecrated nor receive secular profits.

Laity Excluded from the Elections. The policy of the church began by degrees to exclude the laity from any share in these elections, and to confine them wholly to the clergy, which at length was completely effected, although, the crown having an absolute negative, possessed authority almost equivalent to the direct right of nomination.

Royal Right of Investiture. Hence the right of appointing to bishoprics is said to have been in the crown of England, the king having the right of confirmation and investiture. But when in time, the custom of election by the clergy alone was fully established, the church began to except to the usual method of granting investitures, which was by the king delivering a ring and a staff or crosier, asserting that this was an

1 By statute George III, clergymen and curates are restrained from taking more than eighty-five acres to farm, without the consent of the bishop, and must not cultivate it for more than seven years.

encroachment upon the church's authority, and an attempt by these symbols to confer a spiritual jurisdiction. In the eleventh century, Gregory VII published a bull of excommunication against all princes, who should dare to confer investitures, and all prelates who should venture to receive them. This was a radical step, towards rendering the clergy entirely independent of the civil authority, and long and eager were the contests occasioned by this claim.

Concessions. Acceding in part to this demand, Henry V, emperor of Germany, together with the kings of England and France, desisted from investitures by ring and crosier, and altered the form, receiving only homage from the bishops for their temporalties. Archbishop Anselm, a haughty and able prelate, obtained this concession from Henry I of England, and John, a century later, to obtain the protection of the church against his discontented barons, was prevailed to yield to the monasteries and cathedrals the free right of electing the prelates, whether abbots or bishops, reserving only to the crown the custody of the temporalties, during a vacancy. This was re-established by statute of Edward III.

Statute of Henry VIII. But by statute of Henry VIII, the ancient right of nomination was, in effect, restored to the crown, it being enacted, that on a future vacancy, the king may send the dean and chapter his license to proceed to an election, with a missive from the king, suggesting the name of the party he desired them to elect. If they deferred the election twelve days, the king himself had the power to appoint.

Archbishop. An archbishop is the chief of the clergy in a whole province, and has the inspection of the bishops of that province, as well as of the inferior clergy, and may remove them for notorious cause. He also has his own diocese, wherein he exercises episcopal jurisdiction. As archbishop, he, on receipt of the king's writ, calls the bishops and clergy of his province to meet in convocation. To him all appeals are made from inferior jurisdictions, and as appeals are from bishops to him in person, so are they from the consistory courts to his archepiscopal court. During the vacancy of any see, he is guardian of the spiritualties thereof, as the king is of the temporalties. If his own see be vacant, the dean and chapter are the spiritual guardians. The archbishop of Canterbury has the privilege of crowning the