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self, 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 design, at the time, of artempting to depose the reigning prince, for any reason whatever. Let the justice of the Revolution be what it would, no honest man could have taken even the present oath of allegiance to Fames the Second, who entertained at the time of taking it a design of joining in the mcasures which were entered into to dethrone him.
3. The oath forbids the taking up of arms against the reigning prince, with views of private advancement, or from motives of personal resentment or dislike. It is possible to happen in this, what frequently happens in despotic governments, that an ambitious general, at the head of the military force of the nation, might by a conjuncture of fortunate circumstances, and a great ascendency over the minds of the soldiery, depose the prince upon the throne, and make way to it for himself, or for some creature of his own. A person in this situa. tion would be withheld from such 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 dif. appointed, and thought themselves neglected and ill used at court; or because they entertained a family animosity, 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 re. bellion, that of wilful and corrupt perjury. If the same motives determined others lately to connect themselves with the American opposition; their part in it was chargeable with perfidy and falsehood to their oath, whatever was the justice of the oppo. sition itself, or however well founded their own complaints might be of private injury.
We are next to consider what the oath of allegi. ance permits, or does not require.
1. It permits resistance to the king, when his 1:1 behaviour, or imbecility is such, as to make retiit. ance beneficial to the community. It may fairly be presumed, that the convention Parliament, which introduced the oath in its present form, did not intend, by impofugit, to exclude all resistance; frice the members of that legislature had many of then recently taken up arms against James the Second; and the very authority by which they sat together, was itself the effect of a successful opposition to an acknowledged sovereign. Some relistance, therefore, was meant to be allowed ; and if any, it muit be that wbich has the public interest for its object.
2. The oath does not require obedience to fuch commands of the king, as are unauthorized by law. No such obeilience is implied by the terms of the oath: the fidelity there promised, is intended of fi. delity in opposition to his enemies, and not 19 oppo. fusion to law; and allegiance, at the utmost, figantics orly obedience to lawful commands. Theretore, if the king should illue a proclamation, levying no. ney, or imposing any service or restraint up the subject, beyond what the crown is impowered by law to e join, there would exist no fort of obligation to obey such a proclamation, in co: sequence of hav. ing taken the oath of allegiance.
3. The oath does not require that we should cos. tinue our allegiance to the king, after he is actuaily and absolutely d poted, driven into exile, carricu away capuve, or otherwise rendered incapable of exercising the regal orlice, whether by his fault or without it. The promise of allegiance implies, and is understood by all parties to suppose, that the perfun to whom the promise is maje continues kirg: wunties, that is, to exercise the power, a'ij affira
the protection, which belongs to the office of king : for it is the possession of this power, which makes such 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? Bei sides, the contrary doctrine is burthered with this consequence, that every conqueft, revolution of go.' vernment, or disaster which befalls the person of the prince, must be followed by perpetual and irremediable anarchy.
CH A P.
OATH AGAINST BRIBERY IN THE ELECTION OF
MEMBERS OF PARLIAMENT.
“T DO fwear, I have not received, or had, by " myself, or any person whatsoever, in trust for “ me, or for my use and benefit, directly, or indi. " rectly, any fum or sums of money, office, place, " or employment, gift, or reward, or any promise " or security, for any money, office, employinent, " or gift, in order to give my vote at this election.”
The several contrivances to evade this oath, such as the electors accepting money under colour of borrowing, and giving a promissory note, or other security for it, which is cancelled after the election ; receiving money from a stranger, or a person in dire guise, 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 advantage of any kind, if they escape the legal penalties of perjury, incur the moral guilt: for they are manifestly within the mischief and design of the statute which imposes the oath ; and within the terms indeed of the oath itself; for the word “in66 directly” is inserted on purpose to comprehend such cases as these,
or ftipulatinof money, to left open for disa
CH A P. XX.
OATH AGAINST SIMON Y.
ROM an imaginary resemblance between the i 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 considerations has been called Simony.
The sale of advowsons is inseparable 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 passing of advowsons from one patron to another ; but to restrain the patron, who possesses the right of presenting at the vacancy, from being influenced, in the choice of his presentee, by a bribe, or benefit to himself. It is the same distinction with that which obtains in a free. holder's vote for his representative in parliament. The right of voting, that is the freehold, to which the right pertains, may be bought and sold, as freely as any other property; but the exercise of that right, the vote itself, may not be purchased, or influenced by money.
For this purpose, the law imposes upon the presentee, who is generally concerned in the simony, if there be any, the following oath : " I do swear, that “ I have made no fimoniacal payment, contract, or “ promise, directly or indirectly, by myself, or by « any other to my knowledge, or with my confení,
to any person or persons whatsoever, for or con“ cerning the procuring and obtaining of this eccle“ siaftical place, &c. nor will, at any time hereafter, “ perform, or satisfy, any such kind of payment, “ contract, or promise, made by any other without