quire of the witness, that he give a complete and unreferved account of what he knows of the fubject of the trial, whether the questions propofed to him reach the extent of his knowledge or not. So that if it be inquired of the witness afterwards, why he did not inform the court fo and fo, it is not a fufficient, though a very common answer to fay, "because it was never asked "me."

I know but one exception to this rule; which is, when a full discovery of the truth tends to accufe the witnefs himself of fome legal crime. The law of England constrains no man to become his own accufer; confequently, impofes the oath of teftimony with this tacit refervation. But the exception must be confined to legal crimes. A point of honour, of delicacy, or of reputation, may make a witness backward to disclose some circumftance with which he is acquainted; but will in no wife justify his concealment of the truth, unless it could be fhewn, that the law which impofes the oath, intended to allow this indulgence to fuch motives. The exception is alfo withdrawn by compact between the magiftrate and the witness, when an accomplice is admitted to give evidence against the partners of his crime.

Tender

Tenderness to the prifoner, although a fpecious apology for concealment, is no just excuse; for if this plea be thought sufficient, it takes the adminiftration of penal justice out of the hands of judges and juries, and makes it depend upon temper of profecutors and witnesses.

the

Questions may be asked which are irrelative to the cause, which affect the witness himself, or some third perfon; in which, and in all cases, where the witnefs doubts of the pertinency and propriety of the queftion, he ought to refer his doubts to the court. The answer of the court, in relaxation of the oath, is authority enough to the witness for the law which imposes the oath may remit what it will of the obligation; and it belongs to the court to declare what the mind of the law is. Nevertheless, it cannot be faid univerfally, that the answer of the court is conclufive upon the confcience of the witness: for his obligation depends upon what he apprehended, at the time of taking the oath, to be the design of the law in imposing it; and no after requifition or explanation by the court, can carry the obligation beyond that.

CHAP

CHA P. XVIII.

ΟΑΤΗ OF ALLEGIANCE.

I DO

DO fincerely promise, and fwear, that I will be faithful and bear true allegiance to "his Majefty King GEORGE." Formerly the oath of allegiance ran thus: "I do promise to "be true and faithful to the King and his heirs, " and truth and faith to bear, of life, and limb, 66 and terrene honour; and not to know or hear

" of any ill or damage intended him, without “defending him therefrom:" and was altered at the Revolution to the present form. So that the present oath is a relaxation of the old one. And as the oath was intended to afcertain, not so much the extent of the subject's obedience, as the person to whom it was due, the legiflature seems to have wrapped up its meaning upon the former point, in a word purposely made choice of for its general and indeterminate fignification.

It

It will be moft convenient to confider, firft, what the oath excludes, as inconfiftent with it; fecondly, what it permits.

1. The oath excludes all intention to fupport the claim or pretenfions of any other person or perfons, to the crown and government, than the reigning fovereign. A Jacobite, who is perfuaded of the Pretender's right to the crown, and who moreover designs to join with the adherents of that cause, to affert this right, whenever a proper opportunity, with a reasonable profpect of fuccefs, prefents itself, cannot take the oath of allegiance; or, if he could, the oath of abjuration follows, which contains an express renunciation of all opinions in favour of the claim of the exiled family.

2. The oath excludes all defign, at the time, of attempting to depose the reigning prince, for any reason whatever. Let the juftice of the Revolution be what it would, no honeft man could have taken even the prefent oath of allegiance to James the Second, who entertained at the time of taking it a defign of joining in the measures which were entered into to dethrone him.

3. The oath forbids the taking up of arms against the reigning prince, with views of pri

vate advancement, or from motives of perfonal refentment or diflike. It is poffible to happen in this, what frequently happens in defpotic governments, that an ambitious general, at the head of the military force of the nation, might by a conjuncture of fortunate circumftances, and a great afcendency over the minds of the foldiery, depofe the prince upon the throne, and make way to it for himself, or for fome creature of his own. A perfon in this fituation. would be withheld from fuch an attempt by the oath of allegiance, if he paid regard to it. If there were any who engaged in the rebellion of the year forty-five, with the expectation of titles, estates, or preferment; or because they were disappointed, and thought themselves neglected and ill ufed at court; or becaufe they entertained a family animofity, or personal resentment against the king, the favourite, or the minister; if any were induced to take up arms by these motives, they added to the many crimes of an unprovoked rebellion, that of wilful and corrupt perjury. If the fame motives determined others lately to connect themselves with the American oppofition; their part in it was chargeable with perfidy and falfehood to their oath, whatever was the juftice of the oppofition

itself,