obviously derived from the Latin *Alienus*, is the technical term applied by British constitutional law to any one who does not enjoy the privileges of a British subject. In all powerful and independent nations the right of citizenship has been restricted and guarded with more or less jealousy. Fears have been entertained that foreigners would obtain it for the purpose of undermining the institutions of the state receiving them, or of bringing it under the subjection of the government to which they originally belonged. But, generally, the jealousy against communicating the privileges of citizenship to foreigners has its foundation in mistaken views of political economy. It arose from the impression that the produce of the energy and enterprise of any community is a limited quantity, of which each man's share will be the less the more competitors there are; superseding the just view that the riches of a state depends on the number and energy of the producers. Thus the skilled workmen who would increase its riches have often been jealously kept out of a country. But, on the other hand, special temptations, including the gift of citizenship, have often been offered to skilled foreigners, by states desiring to acquire them as citizens. Britain has occasionally received industrious and valuable citizens driven forth by the folly or tyranny of other powers, as in the memorable instance of the revocation of the edict of Nantes which sent the Spital-field colony, and many other Frenchmen, to this country.

Looking on the full benefit of British citizenship as a transcendent boon, the principle of our older legislation on the subject has been to allow foreigners to possess at least a portion of it. There never existed in Britain a law so harsh as the Droit d'Aubaine of France, which confiscated to the crown all the property of a deceased alien. The courts of justice have ever been opened to them, and they have thus been entitled to protect themselves from any inequalities which do not apply to them by special law. Whether an alien can be sent forth of the realm by exercise of the crown's prerogative, is questioned. Though this is often spoken of as a power of the crown, subsidiary to that of declaring war against foreign nations, yet there is no known writ or form by which it could be enforced, against which a foreigner might not seek the protection of the law. On this ground it was felt that there would have been difficulty in dealing with the person of Napoleon, could his friends have brought him on British soil. The prerogative has been so far practically doubted, that whenever it has seemed necessary to extrude foreigners, a special act of Parliament has been obtained for the purpose. Thus, during the continental convulsions of 1848, a temporary act was passed for the removal of any foreigners whose presence might be dangerous to the peace of the country. A return to parliament in 1850 showed that this act had not been enforced in a single instance.

Our law, save with the special exceptions mentioned afterwards, admits to the privileges of subjects all who are born within the British dominions. In the celebrated question of the *post-nata* in the reign of James I. of England, it was found, after solemn trial, that natives of Scotland born before the union of the crowns were aliens in England, but that those born subsequently enjoyed the privileges of English subjects. A child born abroad, whose father or whose grandfather on the father's side was a British subject, may claim the same privilege, unless at the time of his birth his father was a traitor or felon, or engaged in war against the British empire (4th Geo. II. c. 22). Owing to this exceptional provision, some sons of Jacobite refugees born abroad, who joined in the rebellion of 1745, were admitted to the privilege of prisoners of war, because as the conduct of their fathers deprived them of the privileges of citizenship, they were not to be liable to its burdens. The main characteristic disabilities to which aliens have been subjected have been, incompetency to exercise political privileges, such as that of electing or being elected to sit in Parliament, and incapacity to hold landed property. The privilege of sitting in a jury has been counted among the political rights from which they are excluded; but when a foreigner is on trial, he has, in England, the privilege of the jury *mediatate linguae*, in which half the panel consists of foreigners. In Scotland it seems to be questioned if aliens are excluded from the privilege of voting on occupancy. The application of the restriction against holding property, to land and not to moveable effects, is the natural progeny of the feudal system, which attributed allegiance or fealty to land tenures.

Many of the special disabilities to which aliens were subject under the Navigation Act and other laws connected with our old restrictive commercial policy, have been removed or neutralised by the free trade measures of later years. Some of the disabilities of aliens have been by special laws applied to natural born subjects, as in the instance of Jews and Catholics. It was long a question in England whether a Jew could by the common law hold landed property. On the other hand, some of the privileges of citizenship have been specially communicated to persons coming naturally within the classification of aliens. As, for instance, to foreign seamen, on their serving two years in time of war on board a British ship under proclamation, and to foreign Protestants serving two years in the army in an American colony, or being three years employed there in the whale fishery, and not absenting themselves from the British dominions for more than a year (13th Geo. II. c. 3, 20th Geo. II. c. 44). Acts have, from time to time, been passed for regulating the manner in which aliens are bound to conduct themselves, and defining the extent of their privileges. The latest of these was passed in 1836, and amended in 1844 (6th and 7th Will. IV. c.11, and 7th and 8th Vict. c. 66). By the former act masters of vessels required to intimate the arrival of all aliens, who were bound to have their names registered and to obtain certificates of registration. It is believed that these conditions, of a similar character to those contained in previous acts, have seldom been complied with or enforced. The act of 1844 was a considerable relaxation of the alien law. It communicated to the children born abroad of a British mother the privilege of acquiring land by purchase or succession. It gives friendly aliens the privilege of holding leases for any time not exceeding twenty-one years. Before this act the rights of citizenship could only be conferred on aliens by statute; and it was enacted at the commencement of the Hanover succession, that no private naturalisation bill should be brought in unless it contained a clause disqualifying the person it applied to from being a privy councillor or a member of Parliament, and from holding any office, civil or military, and from being a freeholder: but this restriction is repealed by the Act of 1844. Limited privileges could formerly be given by the sovereign's letters of denization; but by the act of 1844, an alien intending to reside and settle in Britain, may on application by memorial to the Home Secretary, obtain a certificate, giving him all the rights of a natural-born subject, except those of eligibility as a privy councillor or a member of Parliament, along with any other exceptions specially set forth in the certificate. See farther, Allegiance; International Law. (J. H. B.)

ALLEN Priorities, a kind of inferior monasteries, formerly very numerous in England, and so called from their belonging to foreign abbeys.