But besides this express engagement. the law also holds, that there is an implied, original, and virtual all glance due from every subject to his sovereign, antece dently to any express promise, and independently of any form : and the taking of the oath of allegiance, there fore, is nothing but a solemn and formal prole.sien declaration, on the part of the subject, of his teadim to fulfil those duties, wilich were before implied by la•.. The duties imposed by the oath of allegiance. have bet n considered by some, as the counter-part to those c n which the sovereign conies under, upon taking the coronation oath : others, on the contrary hold the former to be absolute and unconditional. But there is no doubt, that the sovereign is bound to go relit according to law, even before taking the corona tion oath ; as the subject is bound in allegiance, indepen • dently of his taking the oath : these oaths, then, may be considered as a mere outward pledge for the pet form ance of duties, which the parties were prey iously under a legal obligation to fulfil. In consequence of this obligation, either express or implied, every subject is bound to support the reigning sovereign in the exercise of all the rights with which he is invested by law. But no man is bound to support the monarch in acts of in justice; nor to obey the royal command, should it en join the breach even of the most inconsiderable law ; nor to continue his allegiance should the king be ren dered in any manner incapable of exercising the royal functions.
Allegiance, whether express or implied, is distinguish ed by the law into two sorts, natural and local. The former has been considered by some writers as per petual ; the latter is temporary only. Natural alle giance, according to sir William Blackstone, is that which is due from all men born within the king's domi nions immediately upon their birth : for immediatcly upon their birth they experience the king's protection ; at a time, too, when they are incapable of protecting themselves. Natural allegiance is, therefore, a debt of
gratitude. But the celebrated leasoner above mention ed does not appear justifiable in concluding, that this debt of gratitude cannot be forfeited, cancelled, or alter ed by any change of time, place. or circumstance, nor by any thing but the united concurrence of the legislature. Mr G6.borne's reasoning on this subject seems more just and consistent. Considering natural allegiance, with judge Blackstone, as merely a debt of gratitude, he adds, that the discharge of it cannot be demanded com pulsorily ; it must flow from the spontaneous scntimeim of thankfulness on the part of him who has received the benefit. The only foundation on which the claim of allegiance can be rested is the voluntary act of the subject, whereby he takes the obligation upon himself, either in the more solemn manner by taking the oath, or by accepting the protection and the civil rights which are granted by the laws on the condition of alle giance.' Local allegiance is that which is due from an alien, or stranger born, so long as he continues within the king's dominions and protection, and it ceases as soon as such stranger removes from this kingdom to another. This species of allegiance is therefore temporary. It is con fined, in point of time, to the duration of the alien's resi dence, and in point of locality, to the dominions of the British empire. See Blackstone's Comment. B. i. chap. 10. Paley's Prizcip•s of Mor. and Polit. Philos. B. iii. ch. 18. Gisborne's D ?tiles Men, ch. iv. p. 83. 5th edit. (z)