Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/384

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368
The Rights
Book I.

miniſtred for upwards of ſix hundred years[1], contained a promiſe "to be true and faithful to the king and his heirs, and truth and faith to bear of life and limb and terrene honour, and not to know or hear of any ill or damage intended him, without defending him therefrom." Upon which ſir Matthew Hale[2] makes this remark; that it was ſhort and plain, not entangled with long or intricate clauſes or declarations, and yet is comprehenſive of the whole duty from the ſubject to his ſovereign. But, at the revolution, the terms of this oath being thought perhaps to favour too much the notion of non-reſiſtance, the preſent form was introduced by the convention parliament, which is more general and indeterminate than the former; the ſubject only promiſing "that he will be faithful and bear true allegiance to the king," without mentioning "his heirs," or ſpecifying in the leaſt wherein that allegiance conſiſts. The oath of ſupremacy is principally calculated as a renuntiation of the pope's pretended authority: and the oath of abjuration, introduced in the reign of king William[3], very amply ſupplies the looſe and general texture of the oath of allegiance; it recognizing the right of his majeſty, derived under the act of ſettlement; engaging to ſupport him to the utmoſt of the juror's power; promiſing to diſcloſe all traiterous conſpiracies againſt him; and expreſſly renouncing any claim of the deſcendants of the late pretender, in as clear and explicit terms as the Engliſh language can furniſh. This oath muſt be taken by all perſons in any office, truſt, or employment; and may be tendered by two juſtices of the peace to any perſon, whom they ſhall ſuſpect of diſaffection[4]. And the oath of allegiance may be tendered[5] to all perſons above the age of twelve years, whether natives, denizens, or aliens, either in the court-leet of the manor, or in the ſheriff's tourn, which is the court-leet of the county.

But, beſides theſe expreſs engagements, the law alſo holds that there is an implied, original, and virtual allegiance, owing

  1. Mirror. c. 3. §. 35. Fleta. 3. 16. Britton. c. 29. 7 Rep. Calvin's caſe. 6.
  2. 1 Hal. P. C. 63.
  3. Stat. 13 Will. III. c. 6.
  4. Stat. 1 Geo. I. c. 13. 6 Geo. III. c. 53.
  5. 2 Inſt. 121. 1 Hal. P. C. 64.
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