Page:Prerogatives of the Crown.djvu/36

1 6 Of the Oaths of Allegiance ; [Ch. II. Sec.IL lasting qualities of this allegiance, which constitute its leading features, we may add, that it is not so much due to the coun- try, as to the sqvereign ; and is due to him in his natural^ more than in his political character, {a) Sir W, Blackstone {b) terms natural allegiance a debt of gratitude, and we have al- ready seen that it has been considered to be due, in return for that protection which individuals within the King's dominions enjoy from his Majesty, (c) Local allegiance, which is due from an alien or stranger bom, whilst he continues within the dominions of the King, [d) is implied by law, on the principles we have just considered ; but is merely of a temporary nature, and ceases immediately the foreigner withdraws himself from this kingdom, {e) Though the duties of the people towards their sovereign are implied by law ; yet, as an oath will most probably impress those duties more strongly on the mind, it has been wisely or- dained, that it shall be taken in various cases. By the common law the oath of allegiance to the King may be tendered either in the court leet, or sheriff's tourn, to all persons above the age of J^^elve years, whether natives, aliens, or denizens ; and whether they hold lands of the King or not : which oath they are by law obliged to take. {/) Tlie oatli of fealty, which, during the feudal tyranny, every tenant or vas- sal was obliged to take to his landlord, generally contained a clause, " salva fde et ligemitid domini rcgh :" and it was even considered that the lord was liable to be punished if such clause were not inserted, [g) By the oath of allegiance, the person swearing promises to be faithful and bear true allegiance to his Majesty King George, [h) The oath of abjuration, which applies to Ireland^ and all the King's dominions, {i) recognizes the right of his Majesty to be King ; promises to maintain the succession of the Crown ; denies the right of the descendants of the late Pre- tender, and adjures allegiance to them; it promises and en- gages, that the person swearing will bear faith and true allegi- ance to the King, and will defend his Majesty against all trai- (a) 1 Ventr. 3. {/) ^^m. ii. fdelitas. 2 Inst. 121. <6) 1 Com. 369. 147. Co. Lit. 85. Finch, L. 241. 1 HaU (c) Ante, 12. P. C. 64. (J) 1 Bla. C. 370. (g) Ibid. (e) 7 Rep. G. lBla.C.370. IWooddn. (h) 1 Geo. 1. st. 2. c. 13. s. I. V. L. 379. (0 6 Geo. 3. c. 53. s. 2. torous