Oath of Allegiance. Oath of Oath of oaths of use in the courts: As, the oath of the proctor, that he hath not questioned the witnesses; the oath of the proctor, concerning his bill of costs; the oath of the party, for the obtaining of absolution, that he will stand to the law, and obey the commands of the church; the oath of the party, on his being admitted in formâ pauperis; the oath of the party, concerning matter newly come to his knowledge; the oath of the party, that he believes he can prove the matter alleged; the oath of a creditor, concerning his debt; the oath of an executor, administrator, accountant, churchwardens, questmen, curates, preachers, schoolmasters, physicians, surgeons, midwives, and other such like (n). 13. The oath of allegiance is very ancient and by the common law, every freeman at his age of twelve years was required, in the leet (if he were in any leet), or in the tourn (if he were not in any leet), to take the oath of allegiance (o). But the clergy, not being bound to attend at the tourn or leet, were consequently so far exempted from taking this oath of allegiance (p). But they were bound nevertheless to do homage to the king, for the lands held of him in right of the church (q). 14. The oath of supremacy came in after the Reformation, in consequence of abolishing the papal authority. And this oath all clergymen especially were bound to take. 15. The oath of abjuration came in after the Revolution; Abjuration. received some alterations in the first year of Queen Anne; and again in the first year of King George the First; and finally in the sixth year of King George the Third. And this oath, together with the oaths of allegiance and supremacy, all clergymen as well as others are bound to take, on their being promoted to offices (r). Oaths of Quakers. 16. In all cases wherein by any act of parliament an oath shall be allowed, authorized or required, the solemn affirmation or declaration of any of the people called Quakers shall be allowed instead of such oath, although no particular or express provision be made for that purpose in such act (s). And if any person making such affirmation or declaration, shall be lawfully convicted of having wilfully, falsely, and corruptly affirmed or declared any matter or thing, which if the same had been deposed upon oath in the usual form would have amounted to wilful and corrupt perjury; he shall suffer as in cases of perjury (t). But no Quaker by virtue hereof shall be qualified or permitted to give evidence in any criminal cases, or to serve on (n) 1 Ought. 176. (0) 2 Inst. 73. (p) 2 Inst. 121; 1 H. H. 64. (r) [See Dissenters.] (s) 22 Geo. 2, c. 46, s. 36. juries, or to bear any office or place of profit in the government (u). Moravians. 17. By the 22 Geo. 2, c. 30, "Every person being a mem- Of the ber of the Protestant Episcopal Church, known by the name of Unitus Fratrum, or the United Brethren, which church was formerly settled in Moravia and Bohemia, and are now in Prussia, Poland, Silesia, Lusatia, Germany, the United Provinces, and also in his majesty's dominions, who shall be required to take an oath, shall be allowed instead of such oath to make their solemn affirmation: But this not to qualify them to give evidence in a criminal cause, or to serve on juries." 18. Such oaths ought to be imposed on Heathens and Jews, of Infidels or which they allow to be obligatory (x). Aliens. Thus a Jew is to be sworn upon the Old Testament; and Jews. perjury upon the statute may be assigned upon this oath (y). And when Jews take the oath of abjuration, the words [on the true faith of a Christian] shall be omitted (z). Thus also Mahometans shall be sworn upon the Koran (a). Mahometans. In the case of Omichund v. Barker, H., 18 Geo. 2 (b), a commission issued out of Chancery, to take the answer of Omichund the defendant, and the depositions of several witnesses, who were heathens of the Gentou religion, in their own country manner, at Calcutta in the East Indies; and the commission being executed and returned, the depositions were allowed to be read in the Court of Chancery, by Lord Hardwicke, assisted by the two lords chief justices and the lord chief baron. The manner of taking which oath was thus: There were three Brahmins or priests present, and the oath being interpreted to each witness, the witness touched the feet of one of the Brahmins, and two being Brahmins or priests did touch his hand. At the rebel assizes at Carlisle, in the year 1745, many of the Scotch witnesses refusing to be sworn otherwise than in their own country manner; the judges so far submitted, as to allow them to be sworn after the Scotch manner for finding the bills by the grand jury, but did not admit it upon the trials (c). to qualify for [On the 9th of May, 1828, an act was passed for repealing Oaths and so much of several acts as imposed the necessity of receiving Declarations the sacrament of the Lord's Supper as a qualification for certain Offices. offices and employments. These statutes were the 13 Car. 2, st. 2, c. 1, and 25 Car. 2, c. 2, commonly called "The Test and Corporation Acts (d)." The other statute repealed was (u) 22 Geo. 2, c. 46, s. 37. (z) 10 Geo. c. 4, s. 18. (a) Str. 1104. (b) 2 Abr. Eq. Cas. 397. vol. of Mr. Phillipps' work on the Law (d) [They were originally framed (c) [See the third chapter of the 1st throne.-ED.] 9 Geo. 4, c. 17. Declaration to be made in lieu of the Sacramental Test. Form of Declaration. Declaration to be sub &c. the 16 Geo. 2, c. 30, the object of which was to indemnify persons who had not complied with the provisions of the acts of Charles II. The 9 Geo. 4, c. 17, repealing by its first section all the above statutes, proceeds to enact, [Sect. 2. "And whereas the Protestant Episcopal Church of England and Ireland, and the doctrine, discipline and government thereof, and the Protestant Presbyterian Church of Scotland, and the doctrine, discipline and government thereof, are by the laws of this realm severally established, permanently and inviolably: And whereas it is just and fitting, that on the repeal of such parts of the said acts as impose the necessity of taking the Sacrament of the Lord's Supper according to the rites or usage of the Church of England, as a qualification for office, a declaration to the following effect should be substituted in lieu thereof;' Be it enacted, That every person who shall hereafter be placed, elected or chosen in or to the office of mayor, alderman, recorder, bailiff, town-clerk, or common councilman, or in or to any office of magistracy, or place, trust, or employment relating to the government of any city, corporation, borough, or cinque port, within England and Wales or the town of Berwick upon Tweed, shall within one calendar month next before or upon his admission into any of the aforesaid offices or trusts, make and subscribe the declaration following." ["I, A. B., do solemnly and sincerely, in the presence of God, profess, testify and declare, upon the true faith of a Christian, that I will never exercise any power, authority or influence which I may possess by virtue of the office of to injure or weaken the Protestant Church as it is by law established in England, or to disturb the said church, or the bishops and clergy of the said church, in the possession of any rights or privileges to which such church, or the said bishops and clergy are or may be by law entitled." [Sect. 3. "That the said declaration shall be made and subscribed scribed before as aforesaid in the presence of such person or persons respectively, Magistrates, who by the charters or usages of the said respective cities, corporations, boroughs, and cinque ports, ought to administer the oath for due execution of the said offices or places respectively, and in default of such, in the presence of two justices of the peace of the said cities, corporations, boroughs, and cinque ports, if such there be, or otherwise in the presence of two justices of the peace of the respective counties, ridings, divisions, or franchises wherein the said cities, corporations, boroughs, and cinque ports are; which said declaration shall either be entered in a book, roll or other record, to be kept for that purpose, or shall be filed amongst the records of the city, corporation, borough, or cinque port." In case of make the De- Persons admitted into any Office [Sect. 4. "That if any person placed, elected, or chosen into any of the aforesaid offices or places, shall omit or neglect to make and subscribe the said declaration in manner above-mentioned, such placing, election, or choice shall be void; and that it shall not be lawful for such person to do any act in the execution of the office or place into which he shall be so chosen, elected or placed." [Sect. 5. "That every person who shall hereafter be admitted into any office or employment, or who shall accept from his majesty, 9 Geo. 4, c. 17. which hereto the taking of ment, shall his heirs and successors, any patent, grant or commission, and who, by his admittance into such office or employment, or place of trust, or by his acceptance of such patent, grant or commission, or by the receipt of any pay, salary, fee, or wages by reason thereof, would fore required by the laws in force immediately before the passing of this act have the Sacra been required to take the Sacrament of the Lord's Supper according make the Deto the rites or usage of the Church of England, shall within six calen- claration dar months after his admission to such office, employment, or place Months, or of trust, or his acceptance of such patent, grant, or commission, the Appointmake and subscribe the aforesaid declaration, or in default thereof void. his appointment to such office, employment, or place of trust, and such patent, grant, or commission, shall be wholly void." within Six ment to be to be made in the Court of [Sect. 6. "That the aforesaid declaration shall be made and sub- Declaration scribed in his majesty's High Court of Chancery, or in the Court of King's Bench, or at the quarter sessions of the county or place where the persons so required to make the same shall reside; and the court in which such declaration shall be so made and subscribed shall cause the same to be preserved among the records of the said court." [Sect. 7. "That no naval officer below the rank of rear-admiral, and no military officer below the rank of major-general in the army or colonel in the militia, shall be required to make or subscribe the said declaration, in respect of his naval or military commission; and that no commissioner of customs, excise, stamps, or taxes, or any person holding any of the offices concerned in the collection, management, or receipt of the revenues which are subject to the said commissioners, or any of the officers concerned in the collection, management, or receipt of the revenues subject to the authority of the postmaster-general, shall be required to make or subscribe the said declaration, in respect of their said offices or appointments: provided also, that nothing herein contained shall extend to require any naval or military officer, or other person as aforesaid, upon whom any office, place, commission, appointment, or promotion shall be conferred during his absence from England, or within three months previous to his departure from thence, to make and subscribe the said declaration until after his return to England, or within six months thereafter." Chancery or King's Bench, or at the Quarter Sessions. Proviso as to Military Officers under and to Offi Naval and certain Rank, cers of the Revenue. in Possession the Sacrafirmed in such ment, con Possession, and indem [Sect. 8. "That all persons now in the actual possession of any Persons now office, command, place, trust, service, or employment, or in the re- of any Office ceipt of any pay, salary, fee, or wages, in respect of or as a qualifi- which heretofore required cation for which, by virtue of or under any of the before-mentioned the taking of acts or any other act or acts, they respectively ought to have heretofore taken or ought hereafter to receive the said Sacrament of the Lord's Supper, shall be and are hereby confirmed in the possession and enjoyment of their said several offices, commands, places, trusts, services, employments, pay, salaries, fees, and wages respectively, Penalties. notwithstanding their omission or neglect to take or receive the Sacrament of the Lord's Supper in manner aforesaid, and shall be and are hereby indemnified, freed, and discharged from all incapacities, disabilities, forfeitures, and penalties whatsoever, already incurred or which might hereafter be incurred in consequence of any such omission or neglect; and that no election of or act done or to nified from 9 Geo. 4, c. 17. Omissions of make the De- be done by any such person or under his authority, and not yet avoided, shall be hereafter questioned or avoided by reason of any such omission or neglect, but that every such election and act shall be as good, valid, and effectual as if such person had duly received the said Sacrament of the Lord's Supper in manner aforesaid." [Sect. 9. "That no act done in the execution of any of the corporate or other offices, places, trusts, or commissions aforesaid, by any such person omitting or neglecting as aforesaid, shall by reason thereof be void or voidable as to the rights of any other privy thereto. person not privy to such omission or neglect, or render such lastmentioned person liable to any action or indictment (e).” others not [By 18 Geo. 3, c. 60; 31 Geo. 3, c. 32, and 43 Geo. 3, c. 30, the restrictions and penalties theretofore imposed on Roman Catholics are removed on their qualifying by declaration, oath, &c. as in those statutes provided; and by 10 Geo. 4, c. 7, all enactments requiring the declaration against transubstantiation, &c. &c. are repealed (ƒ). [Clergymen were not obliged to take the oath prescribed by 25 Car. 2, which was applicable only to civil and military, and not to ecclesiastical offices. But they were and are to take the oaths in like manner as civil officers, by the 1 Geo. 1, st. 2, c. 13, which enacteth as follows: Sect. 2. "Every person who shall be admitted into any office civil or military; or shall receive any pay by reason of any patent or grant from the king; or shall have any command or place of trust in England, or in the navy; or shall have any service or employment in the king's household; all ecclesiastical persons; heads and members of colleges, being of the foundation, or having any exhibition, of eighteen years of age; and all persons teaching pupils; schoolmasters and ushers; preachers and teachers of separate congregations,-shall [within six calendar months after such admission, 9 Geo. 2, c. 26, s. 3,] take and subscribe the oaths of allegiance, supremacy and abjuration, in one of the courts at Westminster, or at the general or quarter sessions." 25 Car. 2, s. 2, " And this to be between the hours of nine and twelve in the forenoon, and no other." 1 Geo. 1, st. 2, c. 13, s. 20. "But this not to extend to churchwardens, nor to any like inferior civil office." 1 Geo. 1, st. 2, c. 13, s. 8. "And every person making default herein, shall be incapable to hold his office; and if he shall execute his office after the time expired, he shall upon conviction be disabled to sue in any action, or to be guardian, or executor, or administrator, or capable of any legacy or deed of gift, or to bear any office, or to vote at any election for members of parliament, and shall forfeit 500l. to him who shall sue." (e) [See title Bissenters.] (f) [See title Popery.] |