ALLEGIANCE, either derived from the French allegeance or taken from the same Latin source, has been used to express that duty which a person possessing the privileges of a citizen owes to the state to which he belongs, and is technically applied in law to the duty which a British subject owes to the sovereign as representing the state. It has been divided by the English legal commentators into natural and local; the latter applying only to the deference which a foreigner must pay to the institutions of the country in which he happens to live; but it is in its wider sense that the word is important, as representing a condition attached to mankind of which it is very difficult in theory, and still more in practice, to adjust the true character and limits. For a state to decide what persons are bound to it by allegiance may be easy, but for a man to know where his allegiance lies when two or more states claim him—and hence for jurists to decide what is the reasonable extent to which any state ought to make such a claim—is often involved in difficulty. The English doctrine, which was also adopted in the United States, asserted that allegiance was indelible. Nemo potest exuere patriam (Forsyth's Cases and Opinions in Constitutional Law, pp. 257, sqq., 333, sq.) Accordingly, as the law stood before 1870, every person born within the British dominions, though he should be removed in infancy to another country where his family resides, owes an allegiance to the British crown which he could never resign or lose, except by Act of Parliament or by the recognition of the independence or the cession of the portion of British territory in which he resided. By the Naturalisation Act, 1870, 33 & 34 Vict. c. 14 (see Alien), it was made possible for British subjects to renounce their ...nationality and allegiance, and the ways in which that nationality is lost are defined. So British subjects voluntarily naturalised in a foreign state are deemed aliens from the time of such naturalisation, unless, in the case of persons naturalised before the passing of the Act, they have declared their desire to remain British subjects within two years from the passing of the Act. Persons who, from having been born within British territory are British subjects, but who at birth became under the law of any foreign state subjects of such state, and also persons who, though born abroad are British subjects by reason of parentage, may by declarations of alienage get rid of British nationality.
Allegiance, Oath of, an oath of fidelity to the sovereign taken by all persons holding public office. By ancient common law it might be required of all persons above the age of twelve, and it has repeatedly been used as a test for the disaffected. It was first imposed by statute in the reign of Elizabeth (I. c. 1), and its form has more than once been altered since. Up to the time of the Revolution the promise was “to be true and faithful to the king and his heirs, and truth and faith to bear of life and limb and terrene honour, and not to know or hear of any ill or damage intended him without defending him therefrom.” This was thought to favour the doctrine of absolute non-resistance, and accordingly the Convention Parliament enacted the form that has been in use since that time—“I do sincerely promise and swear that I will be faithful and bear true allegiance to Her Majesty Queen Victoria.” These words are included in the form prescribed by 21 & 22 Vict. c. 48, which substitutes one oath for the oaths of allegiance, supremacy, and abjuration.
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