sir Matthew Hale[f] 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[g], 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 pretender, by
name, 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[h]. But the oath of
allegiance may be tendered[i] 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.
[Footnote a: 2 _Feud._ 5, 6, 7.]
[Footnote b: 2 _Feud._ 99.]
[Footnote c: 7 Rep. Calvin's case. 7.]
[Footnote d: 2 Carte. 401. Mod. Un. Hist. xxiii. 420.]
[Footnote e: Mirror. _c._ 3. Sec. 35. Fleta. 3. 16. Britton. _c._ 29. 7
Rep. Calvin's case. 6.]
[Footnote f: 1 Hal. P.C. 63.]
[Footnote g: Stat. 13 W. III. c. 6.]
[Footnote h: Stat. 1 Geo. I. c. 13.]
[Footnote i: 2 Inst. 121. 1 Hal. P.C. 64.]
BUT, besides these express engagements, the law also holds that there
is an implied, original, and virtual allegiance, owing from every
subject to his sovereign, antecedently to any express promise; and
although the subject never swore any faith or allegiance in form. For
as the king, by the very descent of the crown, is fully invested with
all the rights and bound to all the duties of sovereignty, before h
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