ALLEGIANCE, (ligrantia, from ligare, alligarr, to bind,)* a term first used by the leudists, to (know that legal tic, by which subjects are bound to their sovereign or liege lord. The tie itself is, no doubt, substantially implied in the very nature of government; but the form, as well as the name, is derived to us from the institu tions of a barbarous age.
Upon the introduction of the feudal laws and customs by the Gothic conquerors of Europe, the lands distri buted by the victorious leaders among their soldiers and dependents, were holden either immediately of the sovereign lord himself, or of some of his vassals. The feudal lord, whether mediate or immediate, was consi dered as bound to protect his subjects or vassals in the undisturbed possession of the estates conferred upon them ; while, on the other hand, the subjects were re quired not only to make an acknowledgment of duty to their lord, but at all times to pay obedience to his just commands, and to defend him against his personal ene mies. The act_ of acknowledgment, on the part of the subject or vassal, consisted in his taking an oath (fidelitas,) which oath was required to be taken by all subjects to their sovereign or superior lord, with this distinction, that in the case of fealty sworn to the su preme lord, the oath contained an unlimited obligation; whereas, in the ease of a landlord, who was himself the vassal of another, the oath was qualified by an express reservation of the faith clue to the sovereign. This last was the usual form of the oath of fealty. The acknow ledgment made to the supreme lord himself, who was vassal to no man, was called the oath of allegiance ; and then the vassal sw ore to bear faith to his sovereign lord, in opposition to all men, (contra macs hominos ten: feces,) without any limitation or reservation what soever. The land which was thus holden by immediate tenure of the. supreme lord, was called a liege-fee, (lett dunt Ileum, the superior, liege-lord, (dotninus and the vassals, liege-men, (hoMlITC8 ligii.) When it happened that one sovereign held some of his lands under the sovereignty of another, a distinction was made in the homage to be done by the former, be tween simple homage, which was a mere acknowledg ment of tenure, and liege homage, which included the oath of fealty and the services consequent upon it. An
example of a dispute concerning these two kinds of ho mage, occurs in the reign of Edward III. who, in the year 1359, did homage to Philip VI. of France for his possessions on the continent. But in England it be came a general principle of tenure, that all lands in the kingdom arc holden of the king alone, as sovereign and lord paramount ; and consequently the oath of fealty only could be taken to inferior lords ; while the oath of alle giance came to be confined exclusively to the person of the sovereign.
In process of time, the term "allegiance" was brought, by analogy, to comprehend all the duties which sub jects owe to their prince, as well as those which were merely of a territorial nature. Accordingly the oath of allegiance, as it was administered for upwards of years, contained a promise "to be true and faithful to the king and his heirs, and truth and faith to bear of life and limb, and terrane honour, and not to know or hear of any ill or damage intended him, without de fending him therefrom."• At the important era of the Revolution, however, the terms of this oath were deem ed too favourable to the doctrine of non-resistance ; and the present form was therefore introduced by the con vention parliament, as more agreeable to the principles of the constitution then established. By this oath, which is much more generally exprtssed than the former, the subject merely promises, "that lie will be faithful, and bear true allegiance to the king." There is no men tion of" his heirs ;" nor is it specified wherein the alle giance consists. The indeterminate style of this form c.1 oath, however, is amply supplied by the terms of the oath of abjuration, introduced in the reign of king NVil ham. (See ADJS.'S A tiuN.) The follow int; is the form of the oath of allegiance, as established by 1 Gt.o. sta*. ii. c. 13.: " I, A. B. do sincerely promise and swear. that I will be faithful, and bear trite allegiance to his majesty king George. So help me God." And oath may be tendered to all persons above the age of years, whether natives, denizens, or aliens, either in the court-leet of the manor, or in the sheriff's court. Qua kers are exempted from taking this oath, for whic'L there is substituted a mere declaration of fidelity by s Geo. c. vi.