« הקודםהמשך »
THE Author was once upbraided for having volunteered his services in bringing before the public his Historical Review of the State of Ireland. * He now presents himself before the public, no longer as a Volunteer, but as regularly enlisted, and fulfilling the indispensible obligations of his oath of engagement. It is some time since he swore without any evasion, equivocation or mental reservation, to defend King George the Third, to the utmost of his power, against all conspiracies
* Sir Richard Mysgrave in his critique upon that work in the Anti-Jacobin Review, says of the author, p. 228. “ Had “ he been compelled at this critical period to write his Histo“ rical Review, and had been impartial, whatever bad con
sequences might have followed, could not have been laid " to his cherge. But he was a volunteer, an eager volunteer.”
and attempts whatever, that should be made against his - Person, Crown and Dignity: And that he would do his utmost endeavour to disclose and make known to his Majesty and his heirs all treasons and traitorous conspiracies, which might be formed against him and them.
Without further preamble the Author distinctly declares, that he considers the Orange Institution to be a conspiracy and attempt made against the King's person, crown and dignity. That, for the purpose of defending his Majesty against them to the utmost of his power, by this publication he does his utmost endeavour to disclose and make known to his Majesty and his heirs the traitorous conspiracy formed against him and them. He is free to say, that after he had acquired the knowledge of the obligation and engagements of the Orange Societies, he attempted by those means, which he judged prudent to make them known to the persons, through whom the disclosure might, and he presumes to add, ought to have been officially conveyed to the King in person. The Author's failure in his first attempt does not dispense with his future rimost endeavours to disclose and make them known to his Majesty and his heirs. In taking the oath of allegiance, he was sincere in declaring, that he was not, and could not be acquitted before God or man, or absolved of that declaration, although the Pope or any other person or persons, or authority whatsoever, should disa pense with or annul the same, gr declare that it was null and void from the beginning. In virtue then of his oath, and in performance of the duty of his allegiance, the Author now submits the following sheets to the perusal of that public, which is generally bounden by the same oath with himself, as the most effectual method of dissolving and making known the traitorous conspiracy to his Majesty and his heirs. Had he merely charged, without proving, the traitorous nature of the Orangemen's obligation and engagements, and their attempts against his Majesty's person, crown and dignity, or did he delay the publication by one hour beyond the time necessary to render the disclosure full and effectual, then would he not in the plain and ordinary sense of the words of his oath have complied with, or fulfilled the obligations of it.
As the conscientious observance of an oath necessarily depends upon the conscientious understanding of it by the juror,* the Author feels himself called upon to avow his decided opinion, that the oath of an Orangeman, as it is expressed in the rules and regulations for the use of all Orange Societies, herein-after printed, is of a treasonable nature by common law, and felonious by the 47th Geo. III. c. xii. which is an Act to suppress insurrections and to prevent disturbance of the public peace in Ireland, and which will remain in force to the end of the present session of parliament. An act, which has never been acted upon for the only useful purpose, for which it appears to have been passed, namely, that of making the initiation into an Orange
* The author cannot subscribe to the generally received opinion, that an oath is to be taken in the sense, in which it is imposed or required, secundum animuin imponentis : but se- • cundum animum jurantis, that is, according to the juror's understanding, and the common acceptation of the words, in which the oath is expressed.
Lodge, Felony; and for this sole purpose devoutly it is to be wished, that the legislature may amend and perpetuate it.
The ground of the first part of this opinion rests upon the universal admisson, that by common law alles giance, absolute, unqualified and perpetual is due from every subject to his sovereign ; consequently an oath to render it conditional, qualified or temporary, contravenes the purity of natural ligeance, and is of a treasonable quality. The ground of the second part of the opinion will be manifest to every one, who reads the enacting part of this statute, and impartially compares it with the secret, proscriptive and unauthorized obligation or oath of an Orangeman, as settled by the Grand Lodge of Dublin, on the roth of January, 1810, as hereafter printed.
Sect. III. " And, be it enacted by the authority " aforesaid, That every person or persons, who shall os administer, or cause to be administered, tender, or
cause to be tendered, or be present, aiding or as“ sisting at the administering or tendering, or who “ shall, by threats, promises, persuasion, or other un-: « due means cause, procure or induce to be taken by
any person or persons in Ireland, upon a book or 66 otherwise, any oath or engagement, importing to " bind the person or persons taking the same, to be of « any association, brotherhood, committee, society or “ confederacy whatsoever, in reality formed, or to be “ formed for seditious purposes, or to disturb the public 6 peace, or to injure the persons or property
person or persons whatsoever, to do or omit or re“ fuse to do any act or acts whatsoever, under what“ ever name, description or pretence such association, “ brotherhood, committee, society or confederacy shall
assume or pretend to be formed or constituted ; or any oath or agreement, importing to bind the person,
taking the same to obey the orders or rules or com“ mands of any committee or other body of men not
lawfully constituted, or of any captain, leader or com“ mander (not appointed by, or under the authority of « his Majesty, his heirs or successors,) or to assemble at “ the desire or command of any such captain, leader, u commander or committee, or of any person or per" sons not having lawful authority, or not to inform s or give evidence against any brother, associate or « confederate, or other person, or not to reveal or “ discover his or her having taken any illegal oath, or 6 not to reveal or discover any illegal oath or agree« ment, which
be administered or tendered to him or her, or the import thereof, whether such oath 6 shall be afterwards so. administered, or tendered or “ not, or whether he or she shall take such oath, or “ enter into such engagement or not, being by due “ course of law convicted thereof, shall be adjudged
guilty of felony, and be transported for life: And
every person, who shall take in Ireland, any such “ oath or engagement, importing so to bind him or her “ as aforesaid, and being by due course of law thereof “ convicted, shall be adjudged guilty of felony, and « be transported for seven years.”