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
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