Odger's English Common Law

TREASON. 143
become a naturalized British, subject. An alien, who has not
become naturalized, owes a local allegiance while he is within
the British dominions ; and if, during such time, he commits
an offence which in the case of a natural-born subject would
amount to treason, he may be punished as a traitor. 1
For his
person and property are as much under the protection of the
law as those of a natural-born subject, and if he be injured
in either he has a remedy in our Courts for such injury.
A British subject of full age and not under disability may
now, either by obtaining a certificate of naturalization or by
making a declaration of alienage, divest himself of his
nationality. 2 But he cannot do this in time of war with
the view of becoming a subject of the State with which
our country is at war; should he subsequently join the
military forces of that State he would be guilty of treason.
Naturalization under such conditions would afford no defence
to an indictment for treason. 3
Protection and allegiance are reciprocal obligations ;
hence
allegiance is due to him who is in the full and actual exercise
of sovereign power, and to none other ; a King dcfacto, in the
full and sole possession of the Crown, is King within the
statutes relating to treason, and while he is on the throne, no
other person, out of possession but claiming title to the
Crown, is King within these Acts whatever his pretensions
may be. 4
1. The Statute of Treasons, 1 351, 5 enunciated the following
acts as amounting to treason :
—
" When a man doth compass or imagine the death of our
lord the King, or of our lady his Queen, or of their eldest
son and heir ; or if a man do violate the King's companion,
or the King's eldest daughter unmarried, or the wife of the
King's eldest son and heir ; or if a man do levy war against
our lord the King in his realm ;
or be adherent to the King's
enemies in his realm, giving to them aid and comfort in the
realm or elsewhere, and thereof be proveably attainted of open
1 De Jager v. Att.-Gen. of Fatal, [1907] A. C. 326.
2 British Nationality and Status of Aliens Act, 1914 (4 & 5 Geo. V. c. 17), ss. 13, 14.
» R. v. Lynch, [1903] 1 K. B. 444 ; 20 Cox, 468.
* 11 Hen. VII. c. 1.
* 25 Edw. III. s. 5, c. 2.