Constitutional History of England, Henry VII to George II. Volume 3 of 3Hallam, Henry
History
Constitutional History of England, Henry VII to George II. Volume 3 of 3
Hallam, Henry
Constitutional history -- Great Britain
The last clause in the act of settlement, that a pardon under the
great seal shall not be pleadable in bar of an impeachment, requires
no particular notice beyond what has been said on the subject in a
former chapter.[289]
_Oath of abjuration._--In the following session a new parliament
having been assembled, in which the tory faction had less influence
than in the last, and Louis XIV. having, in the meantime, acknowledged
the son of James as King of England, the natural resentment of this
insult and breach of faith was shown in a more decided assertion of
revolution principles than had hitherto been made. The pretended king
was attainted of high treason; a measure absurd as a law, but politic
as a denunciation of perpetual enmity.[290] It was made high treason
to correspond with him, or remit money for his service. And a still
more vigorous measure was adopted, an oath to be taken, not only by
all civil officers, but by all ecclesiastics, members of the
universities, and schoolmasters, acknowledging William as lawful and
rightful king, and denying any right or title in the pretended Prince
of Wales.[291] The tories, and especially Lord Nottingham, had
earnestly contended, in the beginning of the king's reign, against
those words on the act of recognition, which asserted William and Mary
to be rightfully and lawfully king and queen. They opposed the
association at the time of the assassination plot, on account of the
same epithets, taking a distinction which satisfied the narrow
understanding of Nottingham, and served as a subterfuge for more
cunning men, between a king whom they were bound in all cases to obey
and one whom they could style rightful and lawful. These expressions
were in fact slightly modified on that occasion; yet fifteen peers and
ninety-two commoners declined, at least for a time, to sign it. The
present oath of abjuration therefore was a signal victory of the whigs
who boasted of the revolution over the tories who excused it.[292] The
renunciation of the hereditary right, for at this time few of the
latter party believed in the young man's spuriousness, was complete
and unequivocal. The dominant faction might enjoy perhaps a charitable
pleasure in exposing many of their adversaries, and especially the
high church clergy, to the disgrace and remorse of perjury. Few or
none however who had taken the oath of allegiance, refused this
additional cup of bitterness, though so much less defensible,
according to the principles they had employed to vindicate their
compliance in the former instance; so true it is that, in matters of
conscience, the first scruple is the only one which it costs much to
overcome. But the imposition of this test, as was evident in a few
years, did not check the boldness, or diminish the numbers, of the
Jacobites; and I must confess, that of all sophistry that weakens
moral obligation, that is the most pardonable, which men employ to
escape from this species of tyranny. The state may reasonably make an
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