Ch. II. Sec. III.] Rights i7icide)it to Allegiance, 19 called upon to perform a public duty, he is liable to be punished if he refuse to perform it. [a) Hence, for instance, a lawyer is bound on pain of punishment to accept the degree of Serjeant at Law, when called thereto by the King's writ ; {b) nor can a person duly appointed sheriff legally refuse to execute that office, (c) This doctrine is not confined to the case of offices immediately under the Crown, nor to officers appointed by his Majesty; for persons named jurymen or parish officers must serve, {d) Nor can a dignity or honour, as for instance that of knighthood, be legally refused, [e) There seems also to be no doubt, that a person summoned by the King to the House of Lords, or elected and returned to serve in the House of Commons, is liable to be punished if, being qualified, he refuse to become a member of either assembly, {f) Various statutes require persons to take the oaths of alle- giance and abjuration, and other oaths, before they act in any public office or employment to which they may have been nominated ; and provide, that on their neglecting or refusing to take the oaths, they shall be unable to enjoy or possess such offices or employments. ("•) As no one can avail himself of his own wrong, it seems that a person legally called upon and appointed to execute any public office or employment, cannot protect himself from the consequences of his refusal to serve therein, by neglecting to take the oaths required. (/^) It ap- pears, however, to be clear, that a person may legally decline any public function, where sincere religious scruples (which our law does not attempt to disturb or punish, unless they manifestly endanger the peace and welfare of society,) prevent him from conscientiously taking the oaths required, {i) {a) Per Ld. Ellenborough, 2 M. and 2 M. and Selw. 218, 220, 222. 2 Bac. Selw. 218. Ab. 219. tit. Court of Parliament, C. (i) 2 Inst. 214. 2 M. and Selw. 218. (g) See ante. 18. (c) See Bac. Ab. ubi st^trt. By [h) See 2 M. and Selw. 218. 2 Mod. 1 Rich. 2. c. 11. no man who has served R. 299. l Freem. 327. 1 Ld. Ray. the office of sheriff for one year is 32,33. 1 Dougl. on Elections, 283, obliged to serve the same within three note. Bac. Ab. Sheriffs, B. years after, if there be other sufficient (i) See Ld. Mansfield's most able ar- within the county. gument in Cowp. 382, 394. and Harri- (rf) See cases cited, 1 Term Rep. son v. Evans, Cowp. 393, note, and 535; 682, 684. and sec S. C. cited Bac. Ab. Sheriff, B. (e) 3 Criiis. Dig. 194, 195. 2 Burn, Ecc. Law, 185. 6 Bro. P.C.181. (/) See 5 Rich. 2. st. 2. c. 4. 6 Hen. Per Ld. Ellenborough, 2 M. and Selw. 8. c. 16. 4 Inst. 43 and 44. 1 P. Wms. 2I8 j but see 1 Ld. Raym. 29. ' 592. 3 Cruis. Dig. 194, 195; 221. C2 It
