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

1. The oath excludes all intention to support the claim or pretenfions of any other perfon or perfons to the crown and government, than the reigning fovereign. A facobite, who is perfuaded of the Pretender's right to the crown, and who moreover defigns 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 depofe 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 present 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 dethronę him.

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

vate advancement, or from motives of personal resentment 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 afcendancy 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, eftates, or preferment; or because they were disappointed, and thought themselves neglected and ill used at court; or because they entertained a family animofity, or perfonal refentment 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 in the late American war the fame motives determined others to connect themselves with that oppofition; their part in it was chargeable with perfidy and falfehood to their oath, whatever was the juftice of the oppofition

itself,

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

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

1. It permits refiftance to the king, when his ill behaviour or imbecility 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 fames the Second: and the very authority by which they fat together, was itself the effect of a fuccefsful oppofition to an acknowledged fovereign. Some refiftance, therefore, was meant to be allowed; and if any, it must be that which 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 fuch obedience is implied by the terms of the oath: the fidelity there promifed, is intended of fidelity in oppofition to his enemies, and not in oppofition to law; and allegiance, at the utmoft, can only fignify obedi ence to lawful commands. Therefore, if the

king should issue a proclamation levying money, or impofing any fervice or reftraint upon the fubject, beyond what the crown is impowered by law to enjoin, there would exist no sort of obligation to obey fuch a proclamation, in consequence of having taken 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 exercising 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 person 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 fwear allegiance to this man, rather than to any man in the kingdom? Beside which, 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.

“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 security, 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 promifes of money to be paid after the election; or ftipu lating for a place, living, or other private advantage