Oath of purga tion.

Other oaths of

All these oaths are unknown to the common law, but they were all used in the courts governed by the civil or canon law. Wood Civ. L. 314.

But they are only made ufe of in civil caufes, and cannot be properly applied to criminal. Wood Civ. L. 333. But the oath next following regardeth only criminal cafes : That is to fay,

11. The oath of purgation; which oath was adminiftred where the defendant was fufpected to be guilty; and if he fwore that he was innocent, and produced honeft men for his compurgators, he was to be difcharged. If he could not bring fuch compurgators, to fwear that they also believed him innocent, he was esteemed as convicted of fuch crime. Wood Civ. L. 332.

But by the aforefaid act of the 13 C. 2. c. 12. It fhall not be lawful for any person exercifing ecclesiastical jurifdiction, to tender or administer to any perfon, any oath whereby fuch perfon to whom the fame is tendred or adminiftred, may be charged or compelled to confefs, or accuse, or to purge him or herself of any criminal matter or thing, whereby he or she may be liable to cenfure or punishment.

12. Befides the above recited, there are alfo divers other wie in the courts. oaths of ufe in the courts: As, the oath of the proctor, that he hath not queftioned the witneffes; the oath of the proctor, concerning his bill of cofts; the oath of the party, for the obtaining of abfolution, that he will ftand to the law, and obey the commands of the church; the oath of the party, on his being admitted in forma 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 alledged; the oath of a creditor, concerning his debt; the oath of an executor, adminiftrator, accountant, churchwardens, queftmen, curates, preachers, schoolmafters, phyficians, furgeons, midwives, and other fuch like. 1 Ought. 176.

Oath of allegi

ance.

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. 2 Inft. 73.

But the clergy, not being bound to attend at the tourn or leet, were confequently fo far exempted from taking this oath of allegiance. 2 Inft. 121. 1 H. H. 64,

But they were bound nevertheless to do homage to the king, for the lands held of him in right of the church. 1 H. H. 71, 72.

14. The

14. The oath of fupremacy came in after the reforma- Oath of fupre tion, in confequence of abolishing the papal authority. macy. And this oath all clergymen especially were bound to take.

15. The oath of abjuration came in after the revolu- Oath of abjution; received fome alterations in the first year of queen ration. Anne; and again in the first year of king George the first; and finally in the fixth year of king George the third. And this oath, together with the oaths of allegiance and fupremacy, all clergymen as well as others are bound to take, on their being promoted to offices.

16. In all cafes wherein by any act of parliament an Oaths of qua oath fhall be allowed, authorifed, or required, the folemn keis. affirmation or declaration of any of the people called quakers fhall be allowed inftead of fuch oath, altho' no particular or exprefs provifion be made for that purpofe in fuch ac. 22 G. 2. c. 46. f. 36.

And if any perfon making fuch affirmation or declaration, fhall be lawfully convicted of having wilfully, falfly, and corruptly affirmed or declared any matter or thing, which if the fame had been depofed upon oath in the usual form, would have amounted to wilful and corrupt perjury; he fhall fuffer as in cafes of perjury. Id.

But no quaker by virtue hereof shall be qualified or permitted to give evidence in any criminal cafes, or to ferve on juries, or to bear any office or place of profit in the government. f. 37.

17. By the 22 G. 2. c. 30. Every perfon being a mem- of the moravis ber of the proteftant epifcopal church, known by the name ans. of Unitas fratrum, or the united brethren, which church was formerly fettled in Moravia and Bohemia, and are now in Pruffia, Poland, Silefia, Lufatia, Germany, the United Provinces, and alfo in his majesty's dominions, who shall be required to take an oath, fhall be allowed instead of fuch oath to make their folemn affirmation: But this, not to qualify them to give evidence in a criminal caufe, or to ferve on juries.

18. Such oaths ought to be imposed on heathens and of infideh or jews, which they allow to be obligatory.

L. 313.

Wood Civ. aliens.

Thus a jew is to be fworn upon the old teftament; and perjury upon the ftatute may be affigned upon this oath. 2 Keb. 314.

And when jews take the oath of abjuration, the words [on the true faith of a chriftian] fhall be omitted. 10 G. 6.4. f. 18.

Thus

Oaths and decla

rations to qua lify for offices.

Thus alfo Mahometans fhall be fworn upon the Koran. Str. 1104.

In the case of Omichund and Barker, H. 18 G. 2. a commiffion iffued out of chancery, to take the answer of Omichund the defendant, and the depofitions of feveral witnesses, who were heathens of the Gentou religion, in their own country manner, at Calcutta in the Eaft-Indies; and the commiffion being executed and returned, the depofitions were allowed to be read in the court of chancery, by lord Hardwicke, affifted by the two lords chief justices and the lord chief baron. The manner of taking which oath was thus: There were three bramins or priests pre-fent, and the oath being interpreted to each witnefs, the witnefs touched the feet of one of the bramins, and two being bramins or priefts did touch his hand. 2 Abr. Eq. Caf. 397.

At the rebel affizes at Carlifle, in the year 1745, many of the Scotch witneffes refufing to be fworn otherwife than in their own country manner; the judges fo far fubmitted, as to allow them to be fworn after the Scotch manner for finding the bills by the grand jury, but did not admit it upon the trials.

19. By the 25 C. 2. c. 2. Every person who fhall be admitted into any office civil or military, or fhall receive any pay by reafon of any patent or grant from the king, or fhall have any command or place of truft in England or in the navy, or fhall have any fervice or employment in the king's houfhold, fhall within three months after his admiffion receive the facrament according to the ufage of the church of England, in fome publick church on the Lord's day, immediately after divine fervice and fermon: And in the court where he takes the oaths (as hereunder mentioned) he fhall firft deliver a certificate of fuch his receiving the facrament, under the hands of the minifter and churchwardens, and fhall then make proof of the truth thereof by two witneffes on oath. And they fhall alfo, when they take the faid oaths, make and fubfcribe the declaration againft tranfubftantiation. f. 2, 3, 9. [But this declaration cannot now be required of those catholicks who shall take and subscribe the declaration and oath introduced by 31 G. 3. c. 32. Vid. infra, 20. B.]

Any office civil or military] Ecclefiaftical offices do not feem to be included within this defcription: and consequently it feemeth not requifite for clergymen, in qualifying for ecclefiaftical offices, to produce any cer

6

tificate

fificate of their having received the facrament, nor to make or subscribe the declaration against tranfubftantiation. But they are to take the oaths in like manner as civil officers, by the 1 G. ft. 2. c. 13. which enacteth as follows:

Every person who shall be admitted into any office civil or military; or fhall receive any pay by reafon of any patent or grant from the king; or fhall have any command or place of truft in England, or in the navy; or fhall have any fervice or employment in the king's houfhold; all ecclefiaftical perfons; heads and members of colleges, being of the foundation, or having any exhibition, of eighteen years of age; and all perfons teaching pupils ; fchoolmafters and ufhers; preachers and teachers of separate congregations,-fhall (within fix kalendar months after fuch admiffion, 9 G. 2. c. 26. S. 3.) take and fubfcribe the oaths of allegiance, fupremacy, and abjuration, in one of the courts at Westminster, or at the general or quarter feffions. f. 2. And this to be between the hours of nine and twelve in the forenoon, and no other. 25 C. 2. f. 2.

But this not to extend to churchwardens, nor to any like inferior civil office. 1 G. ft. 2. c. 13. f. 20.

And every person making default herein, fhall be incapable to hold his office: and if he fhall execute his office, after the time expired, he fhall, upon conviction, be difabled to fue in any action, or to be guardian, or executor, or adminiftrator, 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 fhall forfeit 500l. to him who fhall fue. 1 G. ft. 2. c. 13. f. 8.

But generally there is an indemnifying claufe in fome aft of parliament every two or three years, on condition that the perfons qualify within the time therein prefcribed.

And perfons forfeiting their office may take a new grant thereof, on their taking the oaths, and conform. ing; provided it was not filled up before. 1 G. ft. 2. c. 13. S. 14.

In the univerfities; where perfons fhall not take the caths, or fhall not produce a certificate thereof, to be regiftred in their proper college, and others be not elected in their places within twelve months, the king fhall appoint and nominate. 1 G. f. 2. c. 13. S. 12,

13.

20. The

Forms thereof.

20. The oath of allegiance by the 1 G. ft. 2. c. 13. is this:

1 A. B. do fincerely promise and swear, that I will be faithful, and bear true allegiance to his majesty king George: So help me God.

The oath of fupremacy by the fame statute.

I A. B. do fivear, that I do from my heart abhor, deteft, and abjure, as impious and heretical, that damnable doctrine and pofition, that princes excommunicated or deprived by the pope, or any authority of the fee of Rome, may be depofed or murdered by their subjects, or any other whatsoever. And I do declare, that no foreign prince, person, prelate, flate, or potentate, bath or ought to have any jurifdiction, power, fupe riority, pre-eminence, or authority, ecclefiaftical or spiritual, within this realin: So help me God.

The oath of abjuration by the 6 G. 3. c. 53.

I A. B. do truly and fincerely acknowledge, profefs, teflify and declare in my confcience, before God and the world, that our fovereign lord king George is lawful and rightful king of this realm, and all other his majesty's dominions thereunto belonging. And I do folemnly and fincerely declare, that I do believe in my confcience, that not any of the defcendants of the person who pretended to be prince of Wales during the life of the late king James the fecond, and fince his deceafe pretended to be, and tack upon himself the file and title of king of England, by the name of James the third, or of Scotland, by the name of James the eighth, or the file and title of king of Great Britain, bath any right or title whatsoever to the crown of this realm, or any ather the dominions thereunto belonging: And I do renounce, refufe, and abjure any allegiance or obedience to any of them. And I do fwear, that I will bear faith and true allegiance to bis majefty king George, and him will defend, to the utmost of my power, against all traiterous confpiracies and attempts whatfoever, which shall be made against his perfon, crown, or dignity. And I will do my utmost endeavour, to disclose and make known, to bis majefly and his fucceffors, all treafons and traiterous confpiracies, which I shall know to be against him or any of them. And I do faithfully promife, to the utmost of my power, to support, maintain, and defend the fucceffion of the crown against the defcendants of the faid James, and against all other perfons whatsoever; which succession, by an act, intituled, An act for the further limitation of the crown, and better fecuring the rights and liberties of the fubject, is and fands limited to the princess Sophia, electress and duchess dowager of Hanover, and the heirs of her body, being proteftants.