"dalous, pernicious, erroneous, opening the σε way to lies, frauds, perjury, and contrary to 66 fcripture," as may be feen in the catalogue of relaxed propofitions condemned by pope Innocent XI. and the clergy of France *, and detested by the very heathens: "Ille mihi invifus pariter cum faucibus Orci, Cujus mens aliud condit quam lingua pro"fatur." Upon these principles, the Catholics have taken the oath and on these principles, it can be fafely taken. It proposes nothing to their abhorrence and deteftation, but what they really abhor and deteft: it requires no promise but what is just and lawful. But as the bath is complicate, and perplexed with a variety of phrases,—as it minces even a fyllable, and that the letter feems to clash withi the Spirit,-it is not surprising if many objęctions have been started against it. Objections from the Hibernian Journal : First: "In fwearing to fupport the fuccef"fion of the crown in his majefty's family, bind myself to that which there is a poffibility "a loyal fubject to the conftitution might not. "have in his power to perform." *Propofitio 27, inter condemnatas ab Innoc. XI. Answer. You are not bound to impoffibilitiès; neither does the oath require it, whereas it expreffes, "to the utmost of my power." Second: "I am bound to take the oath in "the plain and ordinary sense of the words: confequently, though untrained to arms, and "unskilled in military difcipline, I must run to "the field of battle, in case of invasion or re"bellion otherwise, I do not exert myself to "the utmost of my power." : Answer. You ferve your king to "the ut"most of your power," by remaining at home. You would only cause disorder: and an army in diforder flies to the flaughter-house, not to victory: “Non ad victoriam, fed ad lanienam.*" The magiftrate fupports his king, "to the ut"moft of his power," in maintaining the public peace the furgeon, in dreffing the foldiers wounds the clergyman, in preaching loyalty and fubordination, regularity and good morals, fraternal love and mutual benevolence. The king requires no more and, as you write a great deal, under the fignature of "An old Derryman," all his majesty expects from one of your age, is-10 light the fire, and to be hospi table, when his foldiers are quartered on you.' ઃઃ Third: "In fwearing that I cannot be ab*folved of this allegiance, by any authority Vegetiuis de re Militari. "whatsoever, whatsoever, I deny the fupremacy of the "lords and commons." Answer. Your objection is grounded on errór. The fupreme power of the ftate is vefted in the parliament, compofed of king, lords, and commons.* Fourth: "What happened once may hap"pen again. If the king attempts to overturn "the conftitution, I muft help him, if I pay 66 any regard to my oath, and thus betray my country or perjure myself, if I refuse af"fiftance." Anfwer. Left what hath happened once, may happen again," fay with the royal prophet, Domine falvum fac regem,' "God "fave the king." However, to allay your anxieties, remember that fubjects do not fwear to kings, as robbers or pirates fwear to their leaders. You are not bound to help a king in his attempts against the laws of God and nature, when you have clear evidence that his attempts tend to the fubverfion of both; neither doth the teft require, whereas, " true alle"giance" is exprefly mentioned. But in a doubt you are bound to obey; because in a doubt concerning the rectitude of their inten σε Blackstone's Comment. B. i. Ch. 2. p, 147. tions, or the juftice of their caufe, prefumption is in favour of your fuperiors. What a kingdom! If all the inhabitants were aftronomers, metaphyficians, and cafuifts, who would neither obey nor promife to be loyal to their fovereigns, until they would have read in the ftars the fate of the conftitution, and explored the remote regions of metaphyfics in fearch of the effential and demonftrative relations of unalterable truth to Magna Charta; Gulliver's floating ifland would be the fitteft kingdom for fuch aërial inhabitants. Further If the remote and poffible danger of the conftitution's overthrow, or the fubverfion of the fundamental laws of any realm, were a fufficient objection against oaths of allegiance, either all the diftinguished fubjects of the world are perjured, or no king is entitled to their allegiance. For in fwearing to their refpective fovereigns, I do not believe that British peers, French nobles, or Spanish grandees, with all the delicacy of honour, Catholic or Proteftant bishops, with all their divinity, ufe the following form of words: "I will bear allegiance to your majefty, if you behave as an "honeft man, and do not overturn the con"ftitution." 66 Before the royal head is encircled with the diadem, the monarch obtefts the awful name of the the Divinity, and fwears that he will govern his fubjects in " justice and mercy." They acknowledge their fovereign and fwear to be loyal. His future conduct, and the inconftancy of his will, are left to him who holds in his hands the hearts of kings, who, by the laws of England "can do no wrong." The legislative power retains a right, and has the means of examining in what manner the laws are executed or infringed, by bringing the king's counsellors to a ftrict account. "But whatever may be the iffue of this examination," fays Montefquieu, "the king's person is facred, the moment he "is arraigned or tried, there is an end of liber66 ty. "* The conftitution then is equally in danger, of being overturned by a refusal of allegiance, applicable not only to the regal office 66 "of the king, but to his natural perfon and "blood royal."+ Objections from the Hibernian Magazine. First; "No man can safely fwear to a thing "of which he is not certain. Now the test "obliges the Catholics to decide by oath, that "they have pofitive and clear reasons not "to believe that any foreign prince ought to "have any civil pre-eminence within this * Spirit of Laws, vol. 1. p. 181. "realm. |