ir allegiance, viz. to the regal capacity or
crown, exclusive of the person of the king, were the Spencers banished
in the reign of Edward II[r]. And from hence arose that principle of
personal attachment, and affectionate loyalty, which induced our
forefathers (and, if occasion required, would doubtless induce their
sons) to hazard all that was dear to them, life, fortune, and family,
in defence and support of their liege lord and sovereign.
[Footnote r: 1 Hal. P.C. 67.]
THIS allegiance then, both express and implied, is the duty of all the
king's subjects, under the distinctions here laid down, of local and
temporary, or universal and perpetual. Their rights are also
distinguishable by the same criterions of time and locality;
natural-born subjects having a great variety of rights, which they
acquire by being born within the king's ligeance, and can never
forfeit by any distance of place or time, but only by their own
misbehaviour: the explanation of which rights is the principal subject
of the two first books of these commentaries. The same is also in some
degree the case of aliens; though their rights are much more
circumscribed, being acquired only by residence here, and lost
whenever they remove. I shall however here endeavour to chalk out some
of the principal lines, whereby they are distinguished from natives,
descending to farther particulars when they come in course.
AN alien born may purchase lands, or other estates: but not for his
own use; for the king is thereupon entitled to them[s]. If an alien
could acquire a permanent property in lands, he must owe an
allegiance, equally permanent with that property, to the king of
England; which would probably be inconsistent with that, which he owes
to his own natural liege lord: besides that thereby the nation might
in time be subject to foreign influence, and feel many other
inconveniences. Wherefore by the civil law such contracts were also
made void[t]: but the prince had no such advantage of escheat thereby,
as with us in England. Among other reasons, which might be given for
our constitution, it seems to be intended by way of punishment for the
alien's presumption, in attempting to acquire any landed property: for
the vendor is not affected by it, he having resigned his right, and
received an equivalent in exchange. Yet an alien may acquire a
property in goods, money, and other personal estate, or may hire a
house for his habitation[u]: for personal estat
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