Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/390

This page has been proofread, but needs to be validated.
374
The Rights
Book I.

of ſuch. In which the conſtitution of France differs from ours; for there, by their jus albinatus, if a child be born of foreign parents, it is an alien[1].

A denizen is an alien born, but who has obtained ex donatione regis letters patent to make him an Engliſh ſubject: a high and incommunicable branch of the royal prerogative[2]. 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; but cannot take by inheritance[3]: for his parent, through whom he muſt claim, being an alien had no inheritable blood, and therefore could convey none to the ſon. 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, may[4]. A denizen is not excuſed[5] from paying the alien's duty, and ſome other mercantile burthens. And no denizen can be of the privy council, or either houſe of parliament, or have any office of truſt, civil or military, or be capable of any grant from the crown[6].

Naturalization cannot be performed but by act of parliament: for by this an alien is put in exactly the ſame ſtate 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, &c[7]. No bill for naturalization can be received in either houſe of parliament, without ſuch diſabling clauſe in it[8]. Neither can any perſon be naturalized or reſtored in blood, unleſs he hath received the ſacrament of the Lord's ſupper within one month before the bringing in of the bill; and unleſs he alſo takes the oaths of allegiance and ſupremacy in the preſence of the parliament[9].

  1. Jenk. Cent. 3. cites treaſure françois, 312.
  2. 7 Rep. Calvin's caſe. 25.
  3. 11 Rep 67.
  4. Co. Litt. 8. Vaugh. 285.
  5. Stat. 22 Hen. VIII. c. 8.
  6. Stat. 12 W. III. c. 2.
  7. Ibid.
  8. Stat. 1 Geo. I. c. 4.
  9. Stat. 7 Jac. I. c. 2.
These