Ch. II. Sec. II.] Rights incident thereto. 15 turalization to inherit, &c. ; an effect and power which do not attach to simple denization, [a) His Majesty is, however, en- trusted with the important power of making an alien a denizen ; which is in a kind of middle state between an alien and natural born subject, and partakes of both of them, {b) Denization enables the alien to purchase, and to transmit lands by de- scent, &c. but does not qualify him to take any degree of nom bility, or to sit in Parliament, be of the Privy Council, or hold any office of trust, civil or military, or take any grant of lands from the Crown, (c) This prerogative cannot be dele- gated by the Crown to any one (rf), and should be granted ac- cording to the statute 32 Hen, 8. c. 16. s. 7. {e) with a proviso in the letters patent, that the denizen shall be obedient to the sta- tutes in force before the making of that statute : but such pro- viso does not constitute a condition ; and therefore the deniza- tion is not avoided by the denizen being guilty of a breach of the laws. (/) Denization may be granted for life, or for years ; or to the alien born, and the heirs of his body, or to the heirs generally ; or for particular purposes and intents, and in certain places, and no further, or upon condition, [g) SECT. 11. Of the Nature aiid Extent of Allegiance^ and of taking the Oaths of Allegiance, The well known maxim ^nemo_^test_^j^mmi^,,^S^triam* com- prehends the whole doctrine of natural allegiance ; (h) and is taken in its full extent by the Etiglish laws. i) The very ex- istence, and at all events the welfare, of a State would be endan- gered if its natural born subjects could withdraw, or transfer, with impunity, that natural allegiance which the law of every nation (^) has rendered perpetual and unalienable. To the inseparable and (a) 1 Ventr. 419. Co. Lit. 129. Bac. Ab. Aliens B. 1 Bla. Com. 374. 2 lb. 249, 250. See post, tit. Escheat as to an alien and denizen inheriting, &c. (A) 1 Bla. Com. 374. (c) Bac. Ab. Aliens B. Molloy, Bk. 3.C. 3. 8. 14. 12 W. 3. c. 2. (rf) 2 Roll. Abr. 93. 7 Co. 25. b. (<•) This act is still in force. 2 Inst, 2. Bote 7. See 1 Wooddn. V. L. 373. (/) 1 Rol. Ab. 195. Lahe, 58. ( g) 2 Rol. Ab. 9j^. 2 Cro. Jac. 539. 7 Co. 5. b.; 6. 1 Inst. 129. i^ 1 Wooddn. V. L. 386, 7. Co. Lit, 129. a. 2 Jones, 12. {h) Foster, Cr. L. 184. (i) See 1 Bla. C. 369, &c 7 Co. 7. 2 P. Wms. 124. Hal. P. C. 59, 61. (*) See Aylif. Civil Law, b. 2. t.. 5. lasting
