196
Allegiance may be tendered to all persons above the age of twelve years, whether natives, denizens, or aliens, either in the court-leet of the manor or in the Sheriff's tourn, which is the Court-leet of the county. But besides these express engagements, the law also holds that there is an implied, original, and virtual allegiance owing from every subject to his sovereign, antecedently to any express promise, although the subject never swore any faith or allegiance in form.
For as the king, by the very descent of the crown, is fully invested with all the rights and bound to all the duties of sovereignty, before his coronation; so the subject is bound to his prince by intrinsic allegiance, before the superinduction of those outward bonds of both homage and fealty, which were only instituted to remind the subject of this his previous duty, and for the better securing its performance.
The formal profession, therefore, or oath of subjection, is nothing more than a declaration in words of what was before implied in law, which occasions Sir Edward Coke very justly to observe that "all subjects are bounden to their allegiance equally as if they had taken the Oath; because it is written by the finger of the Law in their hearts, and the taking of the corporal oath is but an outward declaration of the same."
The sanction of an oath, it is true, in case of violation of duty, makes the guilt...
DEX
196
Allegiance may be tendered to all
persons above the age of twelve
of twelve years
whether natives denizens
or aliens
either in the courtleet of the manor
or
and
in the Sheriffs torwin which is the Court-lect of the county. But besides these express engagements the law
also holds that there is an implied
original and virtual allegiance owing
from every subject to his sovereign
antecedently to any express promise,
although the subject never swore any faith or allegiance in form. For as the king by the very descent of the crown is fully invested with all the rights and bound to all the duties of sovereignty. before his coronation; so the subject is
bound to his prince by intrinsie
an
allegiance
allegiance before the superinduction of
those outward bonds of bath homage and fealty which were only instituted to remind the subject of this his previous
duty and for the better securing its performance. The formal profession therefore or oath of subjection is nothing more than a declaration in words of what was before implied in law, which occasions Sir Edward Coke very justly
to obsewe that "all subjects are
bounden to their allegiance
equally
as
if they
had taken the Oath; because it is written by the finger of the Law in their hearts and the taking of the corporal oath is
but an
an outroard declaration of the same. The sanction of an Gath it is true in case of violation of duty makes the
guilt
DEX
No comments yet.
Private notes are available after approval.