18 Rights incideiit to Allegiance, [Ch. II. Sec. III. be provided and kept for that purpose only ; and that every person so neglecting or refusing to take the said oaths, shall be, from the time of his neglect or refusal, taken, esteemed, and adjudged a popish recusant convict, and as such to forfeit and be proceeded against." (a) The persons who are expressly required to take the oaths, and yet refuse to take them, according to the acts are, ipso facto, adjudged incapable and disabled in law to hold or enjoy any of the offices or employments mention- ed in the statute 1 Geo. 1. st. 2. c. 13. s. 2. ; and if they execute such offices or employments without duly taking the oaths, they are, on conviction thereof, " disabled to sue or use any action or suit, or to be guardian of any child, or exe- cutor or admiuistrator of any person, or capable of any legacy, or deed of gift, or to be in any office within the realm of Great Britain, or to vote at any election for members to serve in Parliament, and shall forfeit the sum of five hundred pounds, to be recovered by a common informer, in an action in one of the Courts at Westminster, and by way of summary complaint before the ,Court of Sessions, or prosecution before the Court of Justiciary in, Scotland." SECT. III. Of such Rights of the Kiiig over the Persons of his Subjects, as more immediately result from the Allegiance and Submission due from them. The King has an interest in all his subjects ; and is so far entitled to their services, that in case of a sudden invasion or formidable insurrection, his Majesty may legally demand and enforce their personal assistance, though he can on no occa- sion compel them to leave the country for warlike or other purposes, {b) His Majesty may also, on any occasion, em- ploy, and compel his subjects to serve in such offices or func- tions as the public good and the nature of the constitution require, (c) It is a general rule, that where a person is legally (a) Persons who refuse to appear be- (5) Foster, 158. 16 Vin. ICP. As to fore Jtistices when summoned to take Impressing Seamen, &c. post. cb. 4. the oaths, &c. are liable to be punished, (c) Moore, 111. 1 Ld. Ray. 52, 53. as if they refused to take them. and cases cited 5 Bac. Ab. 520. tit. 1 Geo. 1. - Prerogative, C. 2. 1 Term. Rep. 682'. ' called
