itself, or however well founded their own complaints might be of private injury.

We are next to confider what the oath of allegiance pernits, or does not require.

1. It permits refiftance to the king, when his ill behaviour or imbecillity is fuch, as to make refiftance beneficial to the community. It may fairly be prefumed, that the Convention Parliament, which introduced the oath in its present form, did not intend, by impofing it, to exclude all resistance; fince the members of that legislature had many of them recently taken up arms against James the Second: and the very authority by which they fat together, was itself the effect of a successful oppofition to an acknowledged fovereign. Some refiftance, therefore, was meant to be allowed; and if any, it muft be that which has the public intereft for its object.

2. The oath does not require obedience to fuch commands of the king, as are unauthorized by law. No fuch obedience is implied by the terms of the oath: the fidelity there promised, is intended of fidelity in oppofition to his enemies, and not in oppofition to law; and allegiance, at the utmoft, fignifies only obedience to lawful commands. Therefore, if the

king should iffue a proclamation levying money, or impofing any fervice or reftraint upon the subject, beyond what the crown is impowered by law to enjoin, there would exift no fort of obligation to obey fuch a proclamation, in confequence of taking the oath of allegiance.

3. The oath does not require that we should continue our allegiance to the king after he is actually and abfolutely depofed, driven into exile, carried away captive, or otherwise rendered incapable of exercifing the regal office, whether by his fault or without it. The promise of allegiance implies, and is understood by all parties to fuppofe, that the perfon to whom the promise is made continues king; continues, that is, to exercife the power, and afford the protection, which belongs to the office of king; for it is the poffeffion of this power, which makes fuch a particular person the object of the oath; without it, why should I swear allegiance to this man, rather than to any other man in the kingdom? Befides, the contrary doctrine is burthened with this confequence, that every conqueft, revolution of government, or difafter which befals the person of the prince, must be followed by perpetual and irremediable anarchy.

CHAP.

CHAP. XIX.

OATH AGAINST BRIBERY IN THE ELECTION

OF MEMBERS OF PARLIAMENT.

66

I

DO fwear, I have not received, or had, by myself, or any perfon whatsoever in "truft for me, or for my use and benefit, directly or indirectly, any fum or fums of money, office, place, or employment, gift, or reward, or any promise or fecurity, for any money, office, employment, or gift, in order to give my vote "at this election."

The feveral contrivances to evade this oath, fuch as the electors accepting money under colour of borrowing it, and giving a promiffory note, or other fecurity for it, which is cancelled after the election; receiving money from a ftranger, or a perfon in difguife, or out of a drawer, or purse, left open for the purpose; or promises of money to be paid after the election; or ftipulating for a place, living, or other private ad

vantage

vantage of any kind; if they escape the legal penalties of perjury, incur the moral guilt: for they are manifeftly within the mischief and defign of the ftatute which impofes the oath, and within the terms indeed of the oath itfelf; for the word “indirectly" is inferted on purpose to comprehend fuch cafes as thefe.

VOL. I.

P

CHAP.

CHAP. XX.

OATH AGAINST. SIMONY.

ROM an imaginary refemblance between

FRO

the purchase of a benefice and Simon Magus's attempt to purchase the gift of the Holy Ghost, Acts viii. 19, the obtaining of a presentation by pecuniary confiderations has been called Simony.

The fale of advowfons is infeparable from the right of private patronage; as patronage would otherwise devolve to the most indigent, and for that reason the most improper hands it could be placed in. Nor did the law ever intend to prohibit the paffing of advowfons from one patron to another; but to restrain the patron, who poffeffes the right of presenting at the vacancy, from being influenced, in the choice of his prefentee, by a bribe, or benefit to himfelf. It is the fame distinction with that which obtains in a freeholder's vote for his reprefentative in parliament. The right of voting, that is the free

hold,