THE POLITICAL STATE FOR The Month of MARCH, 1715. SIR, T London, March, 31. 1715. HE Clause in the Act of Set- Vol. IX. like to come, e're long, before the Par- Month with the following CASE, and The Cafe of QUERIES, which were laid, fome Time Foreigners ago, by a Noble Lord, before an Emi- with Relation to the Act of nent Lawyer, with the Latter's ANSWERS Succeffion. to the faid Queries. Vol. IX. The Cafe of Foreigners, with Relat to The Act of Succeffion, viz. the 1 I and 13th of William the Third. Nprimis, Anno 12, & 13, Guil. 3 R It is enacted, That after the faid mitation fhall take Effect as aforefaid Perfons born out of the Kingdoms of Engl Scotland, and Ireland, or the Domi thereunto belonging (altho' he be Naturali or made a Denizen) except fuch as are of English Parents, shall be capable to the Privy-Council, or a Member of e Houfe of Parliament, or to enjoy any O or Place of Trust, either Civil or Mili or to have any Grant of Lands, Tenem or Hereditaments from the Crown, to felf, or any other, or others in Trust him. Item, Anno primo Annæ Reginæ ; be it further enacted by the Authority a faid: That in Cafe the faid Prince Ge Hereditary of Denmark, fhall happen to vive her faid Majefty and the Iffue o Body, the faid Prince fhall and may be ble to be of the Privy Council, to enjoy Office or Place of. Truft, either Civi Military, and to have and enjoy the G herein mentioned, or any other Grant of L Tenements, or Hereditaments from the C to himself or to any other or others in for him as mention'd in an Act made i 12th of the Reign of his late Majesty William the 3d, intitul'd an Act for the ther Limitation of the Crown, and bette curing the Rights and Liberties of the Sub any thing therein contained to the con thereof in any wife notwithstanding. T Thefe Statutes confider'd,. Whether any Perfon not born of English Parents and Naturaliz'd, before or face this Act, fhall from and after the Time of his Majefty's Succeffion to the Throne fall under an Incapacity of Holding and Enjoying thofe Grants from the Crown, &c. which he held and enjoy'd before. Answer. I am of Opinion this A&t does not extend to the precedent Naturalizations, and has not impaired or altered the effect of them. 1. Because the words, Tho' he be- may be Construed futurely, as if they were, Tho' be shall be- and of this are feveral Inftances. 2. Because the A&t it felf, both in the Words and Subject Matter of it, is future viz. After the Limitation of the Crown fhall take Effect. 3.If precedent Naturalizations be within the Act, than it is conftrued an Act of Attainder and Punishment: For it takes away thofe Rights which were legally Vested before; and punishes the Sons of Foreigners for that which their Fathers did lawfully- Quod durum eft. 4. If precedent Naturalizations be within the Act, then no Subfequent Naturalization is within it: For it's impoffible the fame words, Tho' he be, can fignify and import both the prefent and the future Tenfe. And by this means, this Act which was a remedial Law, and a Provision against the Naturalization and Denization of Foreigners Z 2 Vol. IX. Vol. IX. reigners, is turn'd only into a Penal Law, against the Pofterity of fome few Noble. Lords, advanc'd by the Favour of the late King. The Claufe in the First of Queen Ann, relating to the Prince of Denmark, fhews us, indeed, that the Sense and Caution of fome in that Parliament was; but it cannot alter the Senfe of the first Act, nor Eft Opus, to fay the contrary. Second Query: Whether any Perfon not born of English Parents can be Naturalized, fince and after the Succeffion. Answer. I am of Opinion any Foreigner may be Naturaliz'd at this Day; future Parliaments will always have as much Power to do or undo, as the precedent had: Summa Poteftas figi non poteft. Third Query. If he fhall be naturaliz'd, whether he has the fame Capacity to all intents and purposes, which Naturalization gave before the Statute, or whether he has only a Capacity to fome special purposes. Answer I am of Opinion the Intent of this Law, was to qualify and reftrain the Effects and Confequences of Naturalization; if the Parliament imagined it was a Sufficient Provision to enact, that no Perfon Naturaliz'd, fhou'd be capable of enjoying any Grant from the Crown. This I prefume was their end; but then the Means the Parliament took were utterly insufficient: For if a new A& naturalizes, and gives the Party all Capacities and Abilities in exprefs |