are diſtinguiſhed from natives, deſcending to farther particulars when they come in courſe.
An alien born may purchaſe lands, or other eſtates: but not for his own uſe; for the king is thereupon entitled to them[1]. If an alien could acquire a permanent property in lands, he muſt owe an allegiance, equally permanent with that property, to the king of England; which would probably be inconſiſtent with that, which he owes to his own natural liege lord: beſides that thereby the nation might in time be ſubject to foreign influence, and feel many other inconveniences. Wherefore by the civil law ſuch contracts were alſo made void[2]: but the prince had no ſuch advantage of forfeiture thereby, as with us in England. Among other reaſons, which might be given for our conſtitution, it ſeems to be intended by way of puniſhment for the alien's preſumption, in attempting to acquire any landed property: for the vendor is not affected by it, he having reſigned his right, and received an equivalent in exchange. Yet an alien may acquire a property in goods, money, and other perſonal eſtate, or may hire a houſe for his habitation[3]: for perſonal eſtate is of a tranſitory and moveable nature; and, beſides, this indulgence to ſtrangers is neceſſary for the advancement of trade. Aliens alſo may trade as freely as other people, only they are ſubject to certain higher duties at the cuſtom-houſe: and there are alſo ſome obſolete ſtatutes of Henry VIII, prohibiting alien artificers to work for themſelves in this kingdom; but it is generally held they were virtually repealed by ſtatute 5 Eliz. c. 7. Alſo an alien may bring an action concerning perſonal property, and may make a will, and diſpoſe of his perſonal eſtate[4]: not as it is in France, where the king at the death of an alien is entitled to all he is worth, by the droit d'aubaine or jus albinatus[5], unleſs he has a peculiar exemption. When I mention theſe rights of an alien, I muſt be underſtood of alien-friends only, or ſuch whoſe countries are in peace with ours; for
