is
coronation; so the subject is bound to his prince by an intrinsic
allegiance, before the superinduction of those outward bonds of oath,
homage, and fealty; which were only instituted to remind the subject
of this his previous duty, and for the better securing it's
performance[k]. The formal profession therefore, or oath of
subjection, is nothing more than a declaration in words of what was
before implied in law. Which occasions sir Edward Coke very justly to
observe[l], that "all subjects are equally bounden to their
allegiance, as if they had taken the oath; because it is written by
the finger of the law in their hearts, and the taking of the corporal
oath is but an outward declaration of the same." The sanction of an
oath, it is true, in case of violation of duty, makes the guilt still
more accumulated, by superadding perjury to treason; but it does not
encrease the civil obligation to loyalty; it only strengthens the
_social_ tie by uniting it with that of _religion_.
[Footnote k: 1 Hal. P.C. 61.]
[Footnote l: 2 Inst. 121.]
ALLEGIANCE, both express and implied, is however distinguished by the
law into two sorts or species, the one natural, the other local; the
former being also perpetual, the latter temporary. Natural allegiance
is such as is due from all men born within the king's dominions
immediately upon their birth[m]. For, immediately upon their birth,
they are under the king's protection; at a time too, when (during
their infancy) they are incapable of protecting themselves. Natural
allegiance is therefore a debt of gratitude; which cannot be
forfeited, cancelled, or altered, by any change of time, place, or
circumstance, nor by any thing but the united concurrence of the
legislature[n]. An Englishman who removes to France, or to China, owes
the same allegiance to the king of England there as at home, and
twenty years hence as well as now. For it is a principle of universal
law[o], that the natural-born subject of one prince cannot by any act
of his own, no, not by swearing allegiance to another, put off or
discharge his natural allegiance to the former: for this natural
allegiance was intrinsic, and primitive, and antecedent to the other;
and cannot be devested without the concurrent act of that prince to
whom it was first due. Indeed the natural-born subject of one prince,
to whom he owes allegiance, may be entangled by subjecting himself
absolutely to another; but it is his own act that brings him
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