Page:Prerogatives of the Crown.djvu/32

 1 2 Of the King's Right to AllegiaiKc. [Q.IL Sec. I. in the legal acceptation of the term, cannot be committed against the husband of a Queen regnant ; though it may be committed against the Queen herself, [a) It may safely be advanced that a King who resigns the throne, and whose re- signation is confirmed in Parliament, cannot afterwards re- sume those prerogatives which he has previously renounced by his own voluntary act. {h) By legislative provision (c) every person who is reconciled to, or holds communion with, the see or church of Rome ; or who professes the popish religion, or marries a papist, cannot inherit or enjoy the crown of this realm, and Ireland. And the King has not the power of subjecting his dominions to the sway of a foreign potentate, {d) It has been practically decided, that in case of a grievous illness depriving the Monarch of the power of exercising the functions of majesty, Parliament may assemble and appoint a Regent, with a general or limited jurisdiction. ( e ) CHAP. II. Of the Kings Right to Allegiance— from "whom due — • Nature of it — Of the Oaths of Allegiance. — Rights iticident to Allegia?ice. Sect. I. — Of the King's Right to Allegia7ice—from isohom dtie. The King is entitled, morally as well as legally, to the allegi- ance of his subjects, in return for the protection and secu- rity which his Majesty constitutionally affords them. The maxim or rule " Protectio trahit subjectionem, et suhjectio pro^ tectionem^^ [f) has obtained in every age, and in every coun- try ; and extends not only to those who are born within the King's dominions, but also to foreigners who live within them, (a) See ibiJ. 1 Hal. P. C. 106. 4 Bla. {e ) See Adolphuson the Political State Com. 76, 7* of the British Empire, vol. 1 . title Kin^. (J)) And see 2 Hal. P. C. 104. —Regency Acts 51 Geo. 3. c. 1. 52 (0 1 Wm". and M. et. 1, c. 2. s. 9. Geo. 3. c 6, 7, 8. 56 Geo. 3. c. 46. d) 2 Rol. Ab. 1 63. I. 55. 4 Inst. 13. (/) Ante, pa^-c 10, 7. Com. Dig. Roy. A. 3. though