PDA

View Full Version : Allegiance



palani
12th October 2011, 05:55 AM
http://en.wikipedia.org/wiki/Allegiance


There were four kinds of allegiances (Rittson v Stordy (1855) 3 Sm & G 230; De Geer v Stone (1882) 22 Ch D 243; Isaacson v Durant (1886) 54 LT 684; Gibson, Gavin v Gibson [1913] 3 KB 379; Joyce v DPP [1946] AC 347; Collingwood v Pace (1661) O Bridg 410; Lane v Bennett (1836) 1 M & W 70; Lyons Corp v East India Co (1836) 1 Moo PCC 175; Birtwhistle v Vardill (1840) 7 Cl & Fin 895; R v Lopez, R v Sattler (1858) Dears & B 525; Ex p Brown (1864) 5 B & S 280);

(a) Ligeantia naturalis, absoluta, pura et indefinita, and this originally is due by nature and birthright, and is called alta ligeantia, and those that owe this are called subditus natus;

(b) Ligeantia acquisita, not by nature but by acquisition or denization, being called a denizen, or rather denizon, because they are subditus datus;

(c) Ligeantia localis, by operation of law, when a friendly alien enters the country, because so long as they are in the country they are within the Sovereign's protection, therefore they owe the Sovereign a local obedience or allegiance (R v Cowle (1759) 2 Burr 834; Low v Routledge (1865) 1 Ch App 42; Re Johnson, Roberts v Attorney-General [1903] 1 Ch 821; Tingley v Muller [1917] 2 Ch 144; Rodriguez v Speyer [1919] AC 59; Johnstone v Pedlar [1921] 2 AC 262; R v Tucker (1694) Show Parl Cas 186; R v Keyn (1876) 2 Ex D 63; Re Stepney Election Petn, Isaacson v Durant (1886) 17 QBD 54);

(d) A legal obedience, where a particular law requires the taking of an oath of allegiance by subject or alien alike.

When it comes to possession of a passport, allegiance owed accompanies the protection afforded by the document. This is illustrated by the case of an American possessing a British passport which he is presumed to use to enter Germany and assist the Nazi war effort by broadcasting propaganda. After the war he is sentenced to death because of the violation of allegiance to the British crown resulting from his use of their passport.

http://www.stephen-stratford.co.uk/william_joyce.htm