Allegiance
In all Commonwealth countries, there is a relationship between the Sovereign and Subject called allegiance. In Canada, for example, anyone may swear allegiance:
”2 (1) Every person who, either of his own accord or in compliance with any lawful requirement made of the person, or in obedience to the directions of any Act or law in force in Canada, except the Constitution Act, 1867 and the Citizenship Act, desires to take an oath of allegiance shall have administered and take the oath in the following form, and no other:
I, ...................., do swear that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Queen of Canada, Her Heirs and Successors. So help me God.” (Oaths of Allegiance Act, R.S.C., 1985, c. O-1 ss. 2(1).)
In The Attorney General For the King against Hugh Griffith, and Hugh Holland, &c. Alios, Coke Chief Justice says “there is allegiance in ore, and in corde also.” This means allegiance “in the mouth” (in ore) “in the soul” (in corde)” (2 Bulstrode 155). This is why it must be “of his own accord,” for this is allegiance “in the soul.” The oath “in ore” is taken as evidence of the proper disposition of the soul.
This is further reported in the famous Calvin’s Case (7 Co. Rep 1a), “ligeance is a quality of the mind, and not confined within any place” (7 Co. Rep. 9b). Further, “ligeance is due...to the natural person of the King...and it is not due to the politic capacity only, that is, to his crown or kingdom distinct from his natural capacity” (7 Co. Rep. 10a). This means that the allegiance is due to the King (or Queen as the case may be) as a natural person, and it is due from the subject as a natural person, for only natural persons have minds, and “ligeance is a quality of the mind.” The King also has political capacities for different dominions, for example, one for England, another for Scotland, another for Canada, but these capacities are all capacities of The King who is a “natural person created of God,” but the “the politic body hath no soul, for it is framed by the policy of man” (7 Co. Rep. 10b). Allegiance, or Ligeance, is fundamentally a bond between natural persons, possessed of natural minds.
Some people think that Allegiance is to the “Queen of Canada,” but this is not so: that is simply a title that is enjoyed by The Queen, and allegiance is due to her natural person. Now that we know what allegiance is, let us consider by what law it is due. Because it is a relation between natural persons, it is due by the law of nature.
“The law of nature is that which God at the time of creation of the nature of man infusted into his heart, for his preservation and direction; and this is lex aeterna, the moral law, called also the law of nature. And by this law, written with the finger of God in the heart of man, were the people of God a long time governed, before the law was written by Moses, who was the first reporter of law in the world
…
God and nature is one to all, and therefore the law of God and nature is one to all. By this law of nature is the faith, ligeance and obedience of the subject due to his Sovereign or superior.” (7 Co. Rep. 12b-13a)
Allegiance continues to this day.
Who may administer the Oath in Canada?
“7 All justices of the peace and other officers lawfully authorized either by virtue of their office or by special commission from the Crown may administer the oath of allegiance set out in section 2 or receive a solemn affirmation of allegiance.” (Oaths of Allegiance Act, R.S.C., 1985, c. O-1 s. 7.)
Therefore, to swear the oath of allegiance, one must find a Justice of the Peace who will administer it. This, unfortunately, is more difficult than it should be. The oath has quite fallen out of use, except as an empty formality “in ore” for Government officials. Citizens also take the Oath of Allegiance, but they take it along with a number of other promises, which, in some sense, defeat the Oath.
There can never be any legal disability put upon you for swearing the oath, so, if you are interested in maintaining Canada’s ancient laws and freedoms, you might consider going to a local courthouse and finding a justice of the peace to administer the Oath to you.