ALIEN, in Law, a Person born out of the King’s Allegiance, and consequently not capable of inheriting Lands in England, till naturalized by Act of Parliament. See NATURALIZATION.Of these there are two Kinds, viz. Alien-Friends, who are of those Countries which are at peace and league with us; and Enemies, who are of Countries at war with us. A Man born out of the Land, so it be within the Limits of the King’s Obedience beyond the Seas; or of English Parents out of the King’s Obedience, so the Parents at the Time of the Birth be of such Obedience, is no Alien, but a Subject of the King: Stat. 25 Edw. III. commonly called the Statute De natis ultra mare. Add, that if one born out of the King’s Allegiance come and dwell in England; his Children begotten here are not Aliens, but Denizens. See DENIZEN. Alien Priories, were those Cells of Monks, formerly established in England, which belonged to foreign Monasteries. See PRIORY, ABBEY, MONASTERY, etc.
ALIENATION, Alienatio, in Law, the Act of making a thing another Man’s; or the altering, and transferring the Property and Possession of Lands, Tenements, or other Things, from one Man to another. See TRANSFERRING, POSSESSION, etc.To alienate, or alien, in Mortmain, is to make over Lands or Tenements to a Religious Community, or other Body Politick. See MORTMAIN. To alienate in Fee, is to sell the Fee-simple of any Land, or other incorporeal Right. See FEE.Crown-Lands are only alienable under a Faculty of perpetual Redemption. See REDEMPTION.The Council of Lateran, held in 1123, forbids any Clerk to alienate his Benefice, Prebend, or the like. See PREBEND, etc.
ALIMONY, Alimonia, in Law, anciently signified Nourishment, or Maintenance; but in a more modern Sense, denotes that Portion, or Allowance which a married Woman sues for, upon any occasional Separation from her Husband, wherein she is not charged with Elopement or Adultery. See WIFE, DOWER, etc. This was anciently called Rationale Effoverium, Reasonable Maintenance, and was recoverable in the Spiritual Court; but now only in Chancery.
ALLODIAL, Allodran, in ancient Customs.——Allodra, or Allodran Land, is that whereof a Person has the absolute Property; or which he holds without paying any Service or Acknowledgment to any Superior Lord. See PROPERTY, etc. Such an Inheritance is Allodial, i.e., not subject to any Charge, Service, &c. See FREE LAND. In this Sense, Allodial stands opposed to Feudal, or Beneficiary. See FEE, BENEFICE, etc. —See also Allodium.