C. Car. 168. 2 Keb. 336. 3 Mod. 52. 5 Mod, 363. C. Jac. 37. C. Jac. 38. Vide the case of Alexander Scott, for pub sometimes with the pillory, (3) by the discretion of the judges, upon consideration of all the circumstances of the case. But inasmuch as it is generally obvious to common sense, in what cases and to what degree a man is guilty of this offence, and it would be endless to enumerate all the particulars, I shall content myself with glancing at some of the most general heads; as, Sect. 1. FIRST, The charging the government with oppression or weak administration; as by saying, "that merchants are "screwed up here in England more than in Turkey;" or, that "it is a good world when beggarly priests are made lords, &c." Sect. 2. SECONDLY, The doing an act which impliedly encourages rebellion; as by absolving persons at the gallows, who, being condemned for high treason, shew no signs of repentance, but persist in justifying the fact; or by drinking to the pious memory of a person executed for high treason. Sect. 3. THIRDLY, Endeavouring to frighten the king into a change of his measures with threats of the uneasiness of his subjects; as by subscribing a petition to him, in which it is intimated, that if it be denied, many thousands will be discontented, &c. Sect. 4. FOURTHLY, Spreading false rumours concerning the king's intentions; as that he designs to grant a toleration to Papists, &c. lishing false news, O. B. June Sessions 1778. No. 504. Noy, 105. C. Car. 117, &c. 1 Sid. 143. For Sect. 5. FIFTHLY, Charging him with a breach of his coronation oath. Sect. 6. SIXTHLY, Speaking contemptuously of him; as by cursing him, &c. or giving out that he wants wisdom, valour, or steadiness; or, in general, doing any thing which may lessen him in the esteem of his subjects; weaken his government; or raise jealousies between him and his people. Sect. 7. Also it is said to be an offence, for which a man may other contempts be indicted, to refuse in a foreign port to pay the usual customs, against the because it may cause a breach between our king and the king of the country. king's person and govern ment, vide Skin, 633. 1Black. 37. Yelv. 107. 197. 2 Roll. 90. Palm. 424. 4 Comm. 123, 124. IV. Of Contempts against the King's Title. Contempts against the king's title are of two kinds :-FIRST, Denying his title.-SECONDLY, Refusing to take the oaths required by law for the support of his government. Sect. 1. The first offence of this kind, viz. that of denying the king's title, hath by some been carried so high as to be adjudged an overt act of compassing his death. However, it is certainly most highly criminal, and punishable with fine and imprisonment, and also such infamous corporal punishment, as to the discretion of the court shall seem proper, according to the heinousness of the crime and the circumstances of the parties. As if a man in writing (3) By 56 Geo. 3. c. 138, the punishment of the pillory is abolished, except for perjury, subornation of perjury, and false swearing. writing or discourse shall maintain that the king is an usurper; or that another hath a better title to THE CROWN, &c. For such like insinuations manifestly tend to raise tumults and disorders in the state, and to alienate the affections of the people from the prince, and incline them to favour the pretensions of another; and it is highly presumptuous for private persons to intermeddle with matters of so high a nature; and it will be impossible to preserve the peace of a government, unless subjects will quietly submit themselves to those whom Providence has placed over them, and prefer the public good to their own private inclinations and opinions. For otherwise, whenever the title to the crown shall happen to be contested, it will be impossible to end the difference without perpetual civil broils and dissensions, and the prince who prevails will be tempted to esteem those of the contrary party rather as enemies than subjects, if he find them ready and desirous to lay hold of all opportunities to disturb his government, and shake off their forced obedience. And since there is no tribunal but that of Heaven to which princes can appeal for the decision of their titles, when that seems so far to have declared in favour of one as to give him quiet possession of the throne, the public peace, which is the end of all government, requires a dutiful submission to him; and it is the highest madness to give up that ease and security which we may enjoy from a peaceful obedience, in exchange for that disorder, uncertainty, and bloodshed, which cannot but be expected from an attempt to wrest the sceptre out of the hands of our prince; and it is the highest ingratitude to make no other return but disloyalty and rebellion, for all the happiness we can enjoy under a just administration ; and it is the greatest of absurdities to think that the good of the community, for the sake of which all government was instituted, ought not to be preferred before the disputed title of a particular person or family. All we can desire from government is the secure enjoyment of what we may call our own, and whether this or that competitor to the crown be the instrument of this happiness to us, seems little to concern us. Let the title of one out of possession of THE THRONE be never so plausible, it must have its original foundation from some positive law; which, when it cannot take effect without involving a nation in discord and confusion, the avoiding whereof is the very end of all laws, it must give way to the public necessity of the state; for there can be no human institution whatsoever but must be limited by this implicit reserve from the first principles of reason, that wherever the execution of it shall be absolutely inconsistent with the happiness of the people for whose sake it was ordained, it ought so far to be suspended. Sect. 2. For this and many other such like reasons the law has 4 Comm. 123. always had a most tender regard for the security of the prince in possession of THE CROWN; and as it has made it high treason to compass his death, &c. (a), so it hath also made it highly penal in an inferior degree to disturb or disquiet his government. As to THE SECOND kind of offences of this nature, viz. That of refusing to take the oaths required by law for the support of the king's government, I shall consider-FIRST, The offence of re F 2 fusing Finch, 241, 242. 2 Inst. 73. 1 Hale, 64. 71. 2 Keb. 314. 1 Comm. 367. 4 Comm. 270. 423. 1 Comm. 368. 4 Comm. 115. fusing the oaths required for this purpose by the common law.— SECONDLY, The offence of refusing the oaths required by statute. Sect. 3. As to THE FIRST PARTICULAR, it seems to be a high contempt at the common law to refuse to take the oath of allegiance to the king, which all laymen above the age of twelve years are bound to take at the tourn or court-leet, &c. And surely nothing can be more unreasonable than to deny the king, whose government we are happy under, all proper assurances of our fidelity to him; for how can we expect to enjoy the privileges of subjects from one to whom we refuse to acknowledge ourselves subjects, or hope for protection from one whom we provoke to esteem us as his enemies, or blame that government for treating us as mal-contents to which we give so just a cause to suspect our fidelity? If we consult THE LAW OF GOD, that will tell us, that "the powers that be are ordained of God." If we will hear The Voice of REASON, that will convince us, that not only the peace and safety of the community, but also our own preservation, requires us to pay a dutiful obedience to those who govern us; and can we think it unlawful to engage ourselves to do what it is our duty to do? If we will consult THE PRACTICE OF ALL NATIONS, that will shew us, that even conquest, which is the weakest of all titles, has always been esteemed to give the conqueror such a right to the obedience of the conquered, that upon his taking them into his protection, they have in all ages been ready to promise a reciprocal obedience. And if we will consult OUR OWN LAWS, we shall find them to direct us to pay our allegiance to the king who governs us, as has been fully proved in the chapter of high treason. As to THE SECOND PARTICULAR, viz. That of refusing the oaths required by statute for the support of the government, I shall consider,-FIRST, The offence of refusing the oaths of allegiance and supremacy.-SECONDLY, The offence of refusing the oath of abjuration. Sect. 4. As to THE FIRST of these offences, viz. That of refusing the oaths of allegiance and supremacy, which since THE REFORMATION OF RELIGION have been thought necessary to be required from all persons, especially from those who are intrusted with an office, in order to secure our princes from the intrigues of popes, who have often taken upon them to dispense with oaths of allegiance made to such princes whom they are pleased to call heretics, and to persuade the people that they may lawfully depose those who have so far incurred the displeasure of the bishop of Rome as to be excommunicated by him, it having been shewn already under what penalties officers are bound to take the said oaths, and how far all persons whatsoever are compellable to (a) Ante, ch. 4. take them under pain of incurring a pramunire (a), I shall only take notice in this place of the method of proceeding on 1 Will. & Mar. c. 8. by which it is enacted, "That persons refusing the "said oaths, being tendered to them by persons lawfully autho"rized to tender the same, shall be committed by the persons making such a tender for three months, unless they shall pay "such sum, not exceeding forty shillings, as the persons who &c. "shall "shall make such tender shall require of them; and if they refuse "again at the end of the three months, that they shall be impri"soned six months, or pay a sum not above ten or under five "pounds, and also find sureties for their good behaviour and ap❝pearance at the next assizes, where if they refuse the said oaths, they shall be incapable of any office, and continue bound to "their good behaviour; and if they refuse THE DECLARATION "mentioned in 25 Car. 2. c. 2. they shall suffer as Popish re"cusants convict." Sect. 5. It seemed to be the intention of this statute to give the government an election to proceed either on the mild method therein prescribed, or the more severe one appointed by the former laws, according to the circumstances of the case, and quality of the offender, &c. + But now, by 31 Geo. 3. c. 32. s. 18. “ No person shall be "summoned to take the oath of supremacy and allegiance, and "make the declaration as required by 1 Will. & Mary, c. 8. the "1 Geo. 1. ses. 2. c. 13. and 25 Car. 2. c. 2. or be prosecuted "for not obeying such summons." Sect. 6. As to THE SECOND OFFENCE of this kind, viz. That 1 Comm. 368. of refusing the oath of abjuration, the same depends on those laws which the nation has been of late under a necessity of establishing, by adding a new limitation to the law relating to the succession of THE CROWN, excluding all Papists from a possibility of inheriting it; who, if they be true to their engagements to their own religion, cannot but be false to those they may make to ours, and can never be expected to execute those laws, which they cannot but think void, as being repugnant to the laws of GOD; or to defend that faith which they think damnable; or to observe those oaths which seem to them to have been ordained for the support of irreligion. And from these considerations they have been disabled from inheriting THE CROWN, it seeming of absolute necessity in our present circumstances, for the good of the community, to make such an alteration in law, which, like all other human laws depending merely on the policy of men, seems to have nothing in it so sacred as to oblige the people unalterably to abide by it to the hazard of their common safety, peace and happiness, for the sake whereof it was at first ordained. For surely there cannot be so much danger to the common good from such an alteration, as must needs follow from the government of a prince whose conscience is under the influence of those who are implacable enemies to the religion of his country, and who thinks himself bound by his duty to God and his church to promote that interest, which his people think themselves under the like obligations to oppose. From which unhappy circumstances nothing can be expected but endless factions, discords, irreconcileable jealousies and distrusts between prince and people, which, if they break not into an open rupture, will at least be attended with such convulsions and uneasinesses, as render a state of government scarce one degree more secure than a state of anarchy and confusion. Sect. 7. For the remedying of such like inconveniences, it 1 Comm. 568. If the heads, &c. of any of the colleges in Oxford or Cambridge neglect to take the oath, the king may nominate. No member of vote till he has taken the oaths. having been thought proper to exclude all Papists from the crown, it was likewise thought expedient, by the statute 13 Will. 3. c. 6. and 1 Geo. 1. st. 2. c. 13. to secure the present settlement, by obliging all persons in public offices and employments to take the oaths of allegiance and supremacy, to make the declaration, and also to take the oath of abjuration, or otherwise it enacts that "they shall be ipso facto adjudged incapable and dis"abled in law to have, occupy, or enjoy the said offices, &c. and "if they shall by themselves, or deputy or trustee, execute any "the said offices, &c. and shall be thereof convict, &c. they shall "be disabled to prosecute any suit at law or equity, or to be guardians, executors, or administrators, or capable of any legacy or deed of gift, or to be in any office within this realm, or to "vote at any election for members of parliament, and shall forfeit "FIVE HUNDRED POUNDS, &c." 66 Sect. 8. And by 1 Geo. 1. st. 2. c. 13. s. 12. "If any mem"ber of either university shall neglect to take and subscribe the "said oaths according to the intent of the said act, or to produce 66 a certificate thereof, under the hand of some proper officer of "the respective court, and cause the same to be entered in the register of the proper college or hall within one month after his "having taken and subscribed the said oaths; and if the persons " in whom the right of election of such member shall be, do neg"lect to elect some fitting person in his stead within twelve "months, &c. that then the king may, under the great seal or sign manual, nominate some fitting person, qualified according "to the local statutes of such college, &c. and if the head of any college, &c. shall neglect to admit such nominee by the space "of ten days after such admission shall be demanded of him, that "then the local visitor shall admit the said nominee; and if such "visitor shall neglect or refuse to admit such person within the 66 space of one month after the same shall be demanded, that then "the court of king's bench may issue a writ of mandamus to such visitor to admit such nominee, &c." 66 Sect. 9. By 1 Geo. 1. st. 2. c. 13. s. 16. "That no peer shall parliament shall" vote or make his proxy, or sit in the house of peers during any debate, and that no member of the house of commons shall "vote or sit during any debate in the said house after the speaker "is chosen, until he shall have taken the said oaths, &c. under "pain of the disabilities and forfeitures abovementioned, &c." Form of the tion. Sect. 10. By 6 Geo. 3. c. 53. reciting the above statutes of oath of abjura. 1 Geo. 1. c. 13. and 5 Geo. 1. c. 29. the oath of abjuration shall be administered in manner and form as follows: (that is to say) "I A. B. do truly and sincerely acknowledge, profess, testify, " and declare, in my conscience, before God and the world, that our sovereign lord KING GEORGE is lawful and rightful king of "this realm, and all other his majesty's dominions and countries "thereunto belonging. And I do solemnly and sincerely declare, "that I do believe, in my conscience, that not any of the descen"dants of the person who pretended to be Prince of Wales during "the life of the late king James the Second, and since his decease " pretended to be, and took upon himself the stile and title of |