FREE BOOKS

Author's List




PREV.   NEXT  
|<   310   311   312   313   314   315   316   317   318   319   320   321   322   323   324   325   326   327   328   329   330   331   332   333   334  
335   336   337   338   339   340   341   342   343   344   345   346   347   348   349   350   351   352   353   354   355   356   357   358   359   >>   >|  
into these straits and difficulties, of owing service to two masters; and it is unreasonable that, by such voluntary act of his own, he should be able at pleasure to unloose those bands, by which he is connected to his natural prince. [Footnote m: 7 Rep. 7.] [Footnote n: 2 P. Wms. 124.] [Footnote o: 1 Hal. P.C. 68.] LOCAL allegiance is such as is due from an alien, or stranger born, for so long time as he continues within the king's dominion and protection[p]: and it ceases, the instant such stranger transfers himself from this kingdom to another. Natural allegiance is therefore perpetual, and local temporary only: and that for this reason, evidently founded upon the nature of government; that allegiance is a debt due from the subject, upon an implied contract with the prince, that so long as the one affords protection, so long the other will demean himself faithfully. As therefore the prince is always under a constant tie to protect his natural-born subjects, at all times and in all countries, for this reason their allegiance due to him is equally universal and permanent. But, on the other hand, as the prince affords his protection to an alien, only during his residence in this realm, the allegiance of an alien is confined (in point of time) to the duration of such his residence, and (in point of locality) to the dominions of the British empire. From which considerations sir Matthew Hale[q] deduces this consequence, that, though there be an usurper of the crown, yet it is treason for any subject, while the usurper is in full possession of the sovereignty, to practice any thing against his crown and dignity: wherefore, although the true prince regain the sovereignty, yet such attempts against the usurper (unless in defence or aid of the rightful king) have been afterwards punished with death; because of the breach of that temporary allegiance, which was due to him as king _de facto_. And upon this footing, after Edward IV recovered the crown, which had been long detained from his house by the line of Lancaster, treasons committed against Henry VI were capitally punished, though Henry had been declared an usurper by parliament. [Footnote p: 7 Rep. 6.] [Footnote q: 1 Hal. P.C. 60.] THIS oath of allegiance, or rather the allegiance itself, is held to be applicable not only to the political capacity of the king, or regal office, but to his natural person, and blood-royal: and for the misapplication of the
PREV.   NEXT  
|<   310   311   312   313   314   315   316   317   318   319   320   321   322   323   324   325   326   327   328   329   330   331   332   333   334  
335   336   337   338   339   340   341   342   343   344   345   346   347   348   349   350   351   352   353   354   355   356   357   358   359   >>   >|  



Top keywords:
allegiance
 

Footnote

 

prince

 

usurper

 

natural

 
protection
 
punished
 

subject

 

affords

 
reason

temporary

 

stranger

 
residence
 

sovereignty

 

rightful

 
Matthew
 

deduces

 
consequence
 

regain

 
practice

possession

 

dignity

 

attempts

 
wherefore
 
treason
 

defence

 

footing

 
committed
 
treasons
 

Lancaster


capacity

 
political
 

capitally

 

declared

 
applicable
 

parliament

 

office

 

breach

 

person

 
Edward

misapplication

 
recovered
 

detained

 

continues

 

kingdom

 

Natural

 

transfers

 

instant

 

dominion

 
ceases