[now, persons born abroad whose fathers or grandfathers by the father's side were natural-born subjects, are deemed to be natural-born subjects themselves, to all intents and purposes. But this privilege does not extend beyond the second generation.]

2. Aliens.—The rights of aliens, although now largely assimilated to those of natural-born subjects, still present certain distinctions. For, in the first place, as was explained in a former volume (d), an alien could not in general inherit lands within this realm, nor had he any inheritable blood, so as to transmit an estate in land, by descent. And though an alien might purchase lands, yet by the old law the king became thereupon entitled to them; for (it was said) if an alien could acquire lands in England, he must owe allegiance to the King of England, and this nation might besides in time become subject to foreign influences and be subjected to other inconveniences. But an alien, being the subject of a friendly state and a merchant, was allowed to hire a house for his habitation, complying with the regulations (contained in the Registration of Aliens Act, 1836) for the registration of aliens (e); and an alien friend might always hold personal property and make a will regarding it (f). But alien enemies have no rights or privileges whatsoever, unless by the king's special favour (g).

(d) Vol. i. p. 280.

(e) Under exceptional circumstances, as in times of great political unrest,-the course has been to pass a temporary Act, empowering the secretary of state to order any particular alien to quit the realm. The 11 & 12 Vict. ́(1848), c. 20, commonly called the "Alien Act," was such an Act, and was re-enacted (and again put in force) by the Prevention of Crime (Ireland) Act, 1882, s. 15.

(ƒ) 2 Roll. Rep. 94. Blackstone (vol. i. p. 372) observes, that the old French law in this matter was very different, the king on the death of an alien being held entitled to all he was worth, by the droit d'aubaine or jus albanagii.

(g) The right of action upon a contract, entered into with an alien during peace, is, in general, suspended on war being declared against the country of which he is a native (Alcinous v. Nigreu (1854). 4 El. & Bl. 217).

By the Naturalization Act, 1870, it has now been provided, that real and personal property of every description may be acquired, held, and disposed of, by an alien; and that a title to such property may be derived through, from, or in succession to an alien, in the same manner in all respects as by, through, from, or in succession to a natural-born British subject (h). This provision, however, is not retrospective (i); nor does it qualify an alien for any office, or for any municipal, parliamentary, or other franchise, or entitle him to any rights or privileges as a British subject, except those which by the Act are expressly given to him (k). And nothing in the Act is to qualify an alien to be the owner of a British ship (1).

3. Denizens. [A denizen is one alien born, but who has obtained er donatione regis letters-patent to make him, to a certain extent, an English subject (m). A denizen is in a kind of middle state between an alien and a naturalborn subject, and partakes of both of them. He cannot be of the privy council; or become a member of either house of parliament; or hold any office of trust, civil or military (n).] The Naturalization Act, 1870, expressly provides, that nothing therein contained shall affect the grant of any letters of denization by her Majesty (o); but apparently, as an alien now can, so a denizen also may, hold lands in England.

4. Aliens naturalized.-Naturalization may be effected either by private Act of Parliament or by the certificate of a secretary of state. In the first case, naturalization usually confers on the alien exactly the same legal condition as if he had been born in the king's ligeance, and

has a retrospective effect; so that, if a man is naturalized by Act of Parliament, his son, born before, may inherit through him, independently of the rights in such respect given by the Act of 1870 (p). Naturalization by certificate of the secretary of state was introduced for the first time by an Act of 1844, whereby foreigners coming to reside and settle in the United Kingdom were enabled to obtain the advantages of naturalization in a less expensive and tedious way than by procuring a private Act. That statute has now been repealed (q); but by the Naturalization Acts, 1870 and 1872, an alien who has either resided in the United Kingdom, or been in the service of the Crown, for not less than five years, and who intends when naturalized either to reside in the United Kingdom, or to serve under the Crown, is enabled to apply for a certificate of naturalization, and the secretary of state, after receiving the necessary evidence in support of the application, may, if he so think fit, issue to the applicant a certificate accordingly. Thereupon, and upon his taking the oath of allegiance (r), the alien becomes entitled to all political and other rights, powers, and privileges, and becomes subject to all the obligations, to which a natural-born British subject is entitled or subject (s). As regards the children of any such naturalized alien, it appears that, under the Act of 1870, they only become British subjects if either they were born in the dominions of the Crown, or if they are infants at the date of the naturalization of their father, and subsequently reside in the United Kingdom; but by the Naturalization Act, 1895, such children who afterwards reside abroad with their father, while he is in the service of the Crown, are to be deemed naturalized.

And here it may be mentioned, that, long prior to the Naturalization Acts of the present reign, it had been

(p) Co. Litt. 129 a.

(q) By the Naturalization Act, 1870.

(r) See the Naturalization (Oath) Act, 1870.

(8) Naturalization Act, 1870,

s. 7.

enacted (t), that foreign Protestants and Jews, upon their residing seven years in any of the American colonies without being absent above two months at a time, and all foreign Protestants upon their serving two years in a military capacity there, or being three years employed in the whale fishery, without afterwards absenting themselves from the king's dominions for more than one year, should, upon taking the oaths of allegiance and abjuration, be naturalized to all intents and purposes, as if they had been born in this kingdom (u); except indeed as to sitting in parliament, or in the privy council, and as to holding offices or accepting grants from the Crown (x).

(t) 13 Geo. 2 (1739), C. 7; 20 Geo. 2 (1747), c. 44; 13 Geo. 3 (1773), c. 25,-all repealed by the Naturalization Act, 1870.

(u) By 13 Geo. 2 (1739), c. 3, the same effect was made to follow service for two years on board an English ship in time of war; but this statute was repealed by the Statute Law Revision Act, 1867.

the famous Jew Bill (26 Geo. 2, c. 26), to enable all foreigners who were Jews to be naturalized without taking the sacrament; but the popular dislike of it was so great, that it was repealed in the next session, by the 27 Geo. 2 (1753), c. 1. However, by the 6 Geo. 4 (1825), c. 67, the necessity for taking the sacrament on being naturalized was taken away

(r) In the year 1753 was passed altogether.

443

CHAPTER III.

OF THE TITLE TO THE CROWN.

[THE fundamental maxim, upon which the right of succession to the throne of this empire depends, seems to be, that the crown is, by common law and constitutional custom, hereditary; and this in a manner peculiar to itself; but that the right of inheritance may from time to time be changed or limited by Act of Parliament; under which limitations the crown still continues hereditary. And it will be the business of this chapter to show, first, that the crown is hereditary; secondly, that it is hereditary in a manner peculiar to itself; thirdly, that this inheritance is subject to limitation by parliament; lastly, that, when it is so limited, it is hereditary in the new occupant (a).

1. First, the crown is hereditary, or descendible to the next heir, on the death or demise of the last proprietor; but by this assertion of an hereditary title, a jure divino title to the throne is by no means intended, save so far as kingdoms, like other things, are in the disposition of Providence. And all that is intended is, that the hereditary principle is affirmed or declared, by the municipal law of England.

2. Secondly, the mode of inheritance of the crown corresponds in general with the feodal law of descents; for the crown descends, like estates, lineally to the issue of the reigning monarch, and the preference of males to females and the right of primogeniture among the males

(a) See Anson, Law and Custom, vol. ii., ch. ii., s. 1. (This somewhat curious state of things is, no doubt, the result of an historical conflict between the hereditary and the elective principles, in which neither was completely victorious.)