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that such oath, if broken, will bring on him divine punishment, and therefore such oath is an idle ceremony. But if there is any oath the violation of which he thinks will bring on him divine punishment, his opinion as to that kind of oath is not at all affected by his opinion as to the other kind of oath. Now, oaths taken on judicial occasions are by the mass of mankind considered to be oaths the violation of which will bring some punishment some time, and therefore they have an influence on the great majority of those who take them. Whether society will in time so far improve as to render it safe to dispense with this ceremony in judicial proceedings, can not be affirmed or denied; but a legislator who knows what man now is, will require better reasons for the abolition of judicial oaths than Bentham has given. How far the requisition of an oath may be injurious in excluding testimony in certain cases, and how far oaths on solemn and important occasions may be made most efficacious, and in what cases it may be advisable to substitute declarations in lieu of oaths, are not matters of consideration here. It is enough here to show that an oath is a sanction or security to some extent, if the person who takes it fears divine punishment in case he should violate it; and that this, and no other, is the ground on which the oath is imposed. There is some difficulty in stating accurately how far oaths were required from witnesses in Roman procedure under the republic and the earlier emperors. In addition to what has been stated, the reader may refer to Cicero, Pro Q. Rosc. Comod., c. 15, etc.; and Noodt, Op. Omn., ii., 479, "De Testibus." By a constitution of Constantine, all witnesses were required to give their testimony on oath; and this was again declared by a constitution of Justinian. (Cod. 4, tit. 20, s. 9, 16, 19.) - Many persons conscientiously object to the taking of an oath on religious grounds, and particularly with reference to the prohibition in Matthew v., 33. On the subject of oaths in general the reader may consult Grotius, De Jure, B. & P., lib. ii., c. 13; Paley's Moral Philosophy; Tyler's Origin and History of Oaths; the Law Magazine, vol. xii.; and the work of Bentham already referred to.* BOHN.

* In the United States a witness may be sworn in any manner considered binding on his conscience. Quakers and others having conscientious scruples against the taking of an oath under any circumstance, may affirm instead. In some of the states the witness, whoever he be, may elect between the taking of an oath and judicial affirmation. The penalty for the affirmation of what is false by a witness in a civil or criminal case, is the same as for perjury. Besides the judicial and professional oath, there is what the French call the "political oath," which in part corresponds to the oath taken, in countries like the United States, to support the constitution. Of this latter oath, C. Lavollée says: "In feudal times, when political society was made up of suzerains, vassals and serfs, the oath of fealty was but the necessary or at least logical consecration of the bonds of submission which united the inferior to his superior. Subsequently, when absolute monarchy, basing itself on divine right, had survived feudalism, the oath of fealty was retained; and it could not but be retained, since the sovereign repre

OATH OF ALLEGIANCE, The (IN ENGLISH HISTORY). The natural history and antiquity of oaths in general were discussed some time ago by Mr. E. B. Tylor. (Macmillan's Magazine, "Ordeals and Oaths," May, 1876.) Mr. Tylor has, among other interesting points, made it all but

sented both God, whose delegate he was, and the nation, all of whose rights he absorbed into his own person. The political oath was then as logical as it was under the feudal system. The external ceremonies and formulas of the oath were in keeping with the principle of submission, or rather of subjection, which bent the subject at the feet of his master. The master had all the rights; the subject had only duties. By the oath the subject solemnly pledged himself to maintain a condition of things which he had not brought about, and which he could not do away with. He fulfilled his chief duty by promising fidelity to the person whom he recog nized as his superior and master. Nothing simpler or more rational. - The modern law regulating the forms of government of a people, in the greater number of civilized states, rests on a totally different principle. Divine right has joined feudalism in the ruins of history, and has been replaced by the right of the people. Dynasties no longer force themselves on a people; they have to be accepted; the prince is the delegate, the mandatary of national sovereignty; in such a manner, that by the overthrow of the old order of things, logically speaking, the prince owes the oath of fealty to the people, and not the people to the prince. It is so in certain republics, in which the principle of popular sovereignty has been established from the beginning, and is not perverted by traditional formalities which had their origin in the old right of kings. In several constitutional states the king takes the oath of fealty to the constitution. -- Hence in countries which profess the dogma of popular sovereignty, the political oath can not be what it was under the old regime. We might even say that not only has it no raison d'être, no reason why it should exist, but that there are reasons why it should not exist. An oath, with the forms of solemnity which surround it, represents in the eyes of men the idea of an indissoluble and perpetual engagement. But should the citizen swear to be always faithful to a sovereign whose rights, created by the national will, may be destroyed by that same will? Should he swear always to obey and support a constitution which the nation may modify or abrogate at any moment? We can understand an oath made to a superior and immutable being, to God, or to a sovereign consecrated by divine right; we can understand an oath to the great principles of truth, probity, honor, duty, principles universally accepted and respected, implanted by God in the human conscience, whence they dominate time, circumstances and laws. But it is very difficult to define the character and value of an oath given to a remov. able sovereign, to precarious institutions, made by the very persons in whom resides the right to change the sovereign and modify the institutions. In such an act we can see only a conditional oath, limited by restrictions and hedged in by reservations; but such an act is not an oath. *** Not only is the political oath useless, since it never strengthened or saved a constitution or a sovereign, bat, moreover, it is sometimes only an instrument of tyranny or violence. *** The political oath has not, in the eyes of the people of our day, the authority which belongs to so solemn an act. It has not the character of inviolability; it is commented on and discussed. It is not of rare occurrence, that the person who takes it harbors, in his innermost soul, a faith different from that to which he has just sworn; public opinion no longer grows indignant at this, nor is it even surprised at it: sometimes it is an accomplice to the wrong, requiring the official or other person who takes the oath to remember, at the moment he takes it, an oath he had previously taken. This is a deplorable confusion of ideas; for just as there is but one conscience and one morality, there can be but one oath: it matters not what we call it, judicial, professional or political: all oaths impose the same duties and should be kept with the same fidelity. But we must not lose sight of the fact that, according to modern law, the constitution of a country may be indefinitely modified by the national will, so that an oath can be no obstacle in the way of the

certain that our formula, "So help me God!" is of Scandinavian or pre-Christian origin; a discovery which throws an unexpected light on the much abused dictum that Christianity is parcel of the common law of England, and the proposition, confidently advanced at a later time, that the oath of allegiance taken by members of parliament is in some way (notwithstanding the removal of Jewish disabilities) a bulwark of the Christian religion in England. This statement, however,

| kind) of the course of succession being legally varied.* Such is the bare residue of the formidable and elaborate fabric of oaths and declarations raised up by parliaments of former generations against the pope and the pretender. We say against the pope and the pretender; for our modern oaths of allegiance are of statutory devising, and date from Henry VIII.'s assertion of the crown's ecclesiastical supremacy as against the see of Rome. The earliest point of history we have to observe is of a distinguishing kind, namely, that the modern oath of allegiance is a thing apart from the older oath of fealty, though formed on its analogy. Side by side with the fealty due from a man to his lord in respect to tenure, there was recognized in England, it would seem as early as the tenth century, an obligation of fealty to the crown as due from every free man without regard to tenure. Sometimes we find mixed or transitional forms. Thus, there is preserved among the so-called statutes temporis incerti an oath taken by bishops, which, translated, is as follows: "I will

to the king and to his heirs kings of England, of life and of member and of earthly honour, against all people who may live and die; and truly will acknowledge, and freely will do, the services which belong to the temporalty of the bishoprick of N., which I claim to hold of you, and which you render to me. So help me God and the Saints."

errs only in generality and in being out of date. It is perfectly true that the oath of allegiance was, down to the Catholic emancipation, one of the chief statutory defenses of the Protestant religion, though in a political rather than a theological sense; and for many years later it contained a promise to maintain and support the Protestant succession to the crown as limited by the act of settlement. The history of the oaths of allegiance and supremacy and of the various transformations they have undergone, is a varied and complex one. Before we go back to the beginning, it may be as well to look at the end. As late as 1868 the Eng-be faithful and true, and faith and loyalty will bear lish oath of allegiance was reduced by the promissory oaths act to its present simple, not to say meagre, form, which stands thus: "I, -, do swear that I will be faithful and bear true allegiance to her majesty Queen Victoria, her heirs and successors, according to law. So help me God." -- What the substance of the oath as thus reduced may amount to would not be a very profitable question to discuss at large. It certainly does not promise anything beyond what is at common law the duty of every subject, and it seems to follow that it could not be broken except by some act which was otherwise an offense at common law, for example, treason or sedition, or perhaps also the vaguely defined offense of disparaging the dignity of the crown. And it seems at least a tenable view that the words "according to law" not only express the limit within which the crown is entitled to obedience, but cover the possibility (a possibility, fortunately, of the most remote

desires or of the proposals of reform which it is the right of every citizen to express in a legal way. The oath itself would be opposed to the constitution if it held the person taking it within bounds which would prevent him from exercising that right. With the oath as governments have always wished to interpret it, it would be possible to confis. cate the national will for all time. Revolution has too frequently undertaken the task of answering that pretense. * * Says M. Odilon Barrot, Oaths are taken or refused, but not discussed. The sanction of the oath being entirely in the conscience, the strength of the oath is entirely in the morality of the person who takes it.' In political matters, more than in any other, it is the character of the man which gives authority to the oath. ** Let the politician, functionary or civil magistrate take an oath to the law, the soldier to his flag, and every citizen to what to him is duty: such, in our opinion, is the simple and easy solution of this much debated question. In politics everything is variable, uncertain and precarious. In the midst of the crumbling of thrones and constitutions which our generation has witnessed, we should like to have pointed out to us a form of government or a dynasty certain to grow old with its oaths. But duty is, and will always subsist. Let men take an oath of fealty to it." The "political oath" here spoken of is very intimately related on one side to the oath of allegiance.-ED.

- This bears considerable generic resemblance to the modern oath. But it is not simply an oath of allegiance in the modern sense: it includes an oath of fealty in respect of a specific tenure, namely, for the temporalities of the see holden of the crown. This is made more evident by comparison of the common forms of a free man's homage and fealty: "I become your man from this day forth, for life, for member and for worldly honour, and shall bear you faith for the lands that I claim to hold of you; saving the faith that I owe unto

* There is, I conceive, nothing in law to prevent the crown, by and with the consent of the estates of the realm, in the ordinary form of an act of parliament, and with the advice of responsible ministers, from repealing or amending the act of settlement. In the event of its appearing likely that there should be a failure of the persons thereby defined as capable of succession, amendment would become necessary; for example, if they should not be or should cease to be Protestants.

+ It is remarkable that in the assize of Northampton (1176) the justices are directed to take the oath of fealty even from "rustics":"Item justitiæ capiant domini regis fidelitates * ab omnibus, scilicet comitibus, baronibus, militibus et libere tenentibus, et etiam rusticis, qui in regno manere voluerint." Does this include men who were not free? In the earliest forms of the oath of fealty to the king, both in England and elsewhere, the promise was to be "fidelis sicut homo debet esse domino suo." Allen ("Royal Prerogative,"

pp. 68-71) thinks this was a limitation of the subject's obedience, or reservation of his right to throw off allegiance if the king failed in his duties, and this is probable. But the words would likewise operate in the king's interest by adding the stricter personal bond of homage to the more general obligation of fealty.

Bishops after consecration swore fealty only; but on their election, and before consecration, they did homage. Glanvill, lib. 9, cap. 1, ad fin.

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our lord the king I shall be to you faithful and true, and shall bear you faith of the tenements I claim to hold of you, and loyally will acknowledge and will do the services I owe you at the times assigned. So help me God and the Saints."- Moreover, the ceremonies of homage and fealty have in no way been abrogated or superseded by any of the statutes imposing political oaths. In England an oath of homage is to this day taken by archbishops and bishops, in a somewhat fuller form than the old one above cited. An oath of fealty is stated in our law books of the thirteenth century to be required from every one attending the sheriff's tourn, and Coke speaks of it in Calvin's case, as if it had been still in use in his time.* There appears no reason why this oath of fealty should not in theory still be due from every subject at common law, though it would be doubtful who had authority to administer it, and what would be the legal consequence, if any, of a refusal to take it. Shortness of time and space, however, forbid the further discussion of the doctrine or history of allegiance at common law. We must pass on to the additional obligations imposed by a series of statutes, from which the oath of allegiance in its existing form and application is lineally derived. — In the spring of 1534, when the last hopes of a reconciliation with Rome were exhausted, there was passed "An act for the establishment of the king's succession," (25 H. VIII., c. 22), the objects of which were to declare valid the king's marriage with Anne Boleyn, and to limit the succession of the crown to his issue by her. It also enacted that all subjects of full age should make a corporal oath that they would " truly, firmly and constantly, without fraud or guile, observe, fulfill, maintain, defend and keep to their cunning wit and uttermost of their powers, the whole effect and contents of this present act.” The oath was not further specified in the act itself, but a form was at once prepared and used, and was expressly authorized by statute in the next session. (26 H. VIII., c. 2.) This, as the earliest specimen of its kind, deserves the honor of being given in full, with the original | spelling: "Ye shall swere to beare faith, truth and obedyence alonely to the Kynges Majestye and to his heires of his body of his moost dere and entirely belovyd laufull wyfe Quene Anne, begotten or to be begotten. And further to the heires of oure said Soveraign Lorde accordyng to the lymytacion in the Statute made for suretie of his succession in

Strictly there is not any oath of homage distinct from the oath of fealty. The oath was always an oath of fealty, and the duty of homage, where it was present, carried with it the duty of swearing fealty to the lord. On the other hand, there might be, and often was, fealty without homage. (Allen, p. 62. Cp. Hargrave's and Butler's Notes on Co. Litt., 68a.) Homage was the privilege of the freeholder, being "the most honourable service, and most humble service of reverence, that a franktenant may do to his lord."

(Litt., 8. 85.) As to the common-law duty, cp. Selden,

Table Talk," s. e. "Fathers and Sons," "Every one at twelve years of age is to take the oath of allegiance in court-leets [sic] whereby he swears obedience to the king."

the crowne of this Realme mencioned and conteyned, and not to any other within this Realme nor foreyn auctorite or Potentate; And in case any othe be made or hathe be made by you to any persone or persones, that then ye do repute the same as vayne and adnychillate; And that to your connynge wytte and utter moste of your power, without gyle, fraude or other undue meane, you shall observe, kepe, mayntene & defende the saide acte of successyon, and all the hole effectes & contentes therof, and all other actes and statutes made yn confirmacion or for execucion of the same or of any thynge therin conteyned; and this ye shall do ayenst all maner of persones of what estate, dignyte, degree or condicion so ever they be; And in no wyse do or attempte, nor to your power suffre to be done or attemptid, directly or indirectly, any thinge or thinges prively or appartlye to the lette, hindrannce, damage or derogacion therof or of any parte of the same by any maner of meanes or for any maner of pretence; So helpe you God, all Sayntes and the Holye Evangelystes."- Within two years the calamitous end of the marriage with Anne Boleyn brought about a new "Act for the establishment of the succession of the imperial crown of this realm," (28 H. VIII., c. 7), which, after repealing the former acts and making minute provision for the descent of the crown, appointed a new oath of allegiance, and declared that refusal to take it should be deemed and adjudged high treason. There is no variation worth noticing in the form of the words, save that Queen Jane is substituted for Queen Anne. In the same session (c. 10) there followed an "Act extinguishing the authority of the bishop of Rome," which introduced a special oath of abjuration. The preamble is a notable specimen of the inflated parliamentary style of the time. It sets forth how "the pretended power and usurped authority of the bishop of Rome, by some called the pope, did obfuscate and wrest God's holy word and testament a long season from the spiritual and true meaning thereof to his worldly and carnal affections, as pomp, glory, avarice, ambition and tyranny, covering and shadowing the same with his human and politic devices, traditions and inventions, set forth to promote and stablish his only dominion, both upon the souls and also the bodies and goods of all Christian people"; how the pope not only robbed the king's majesty of his due rights and pre-eminence, “but spoiled this his realm yearly of innumerable treasure"; and how the king and the estates of the realm, "being overwearied and fatigated with the experience of the infinite abominations and mischiefs preceding of his impostures," were forced of necessity to provide new remedies. The oath of abjuration was to be taken by all officers, ecclesiastical and temporal, and contained an undertaking to "utterly renounce, refuse, relinquish or forsake the bishop of Rome and his authority, power and jurisdiction.' -In 1544,

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however, it had been discovered that in these oaths of allegiance and supremacy, though they

successors,

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dominions and countries, as well in all spiritual or ecclesiastical things or causes as temporal, and that no foreign prince, person, prelate, state or potentate hath or ought to have any jurisdiction, power, superiority, pre-eminence or authority, ecclesiastical or spiritual, within this realm, and therefore I do utterly renounce and forsake all foreign jurisdictions, powers, superiorities and authorities, and do promise that from henceforth I shall bear faith and true allegiance to the queen's highness, her heirs and lawful successors, and to my power shall assist and defend all jurisdictions, pre-eminences, privileges and authorities granted or belonging to the queen's highness, her heirs and successors, or united or annexed to the imperial crown of this realm. So help me God and by [sic] the contents of this Book."- The oath was not imposed on all subjects, and the only penalty for refusing it was forfeiture of the office in respect of which it ought to be taken. So far this presents a very favorable contrast to the violent legislation of Henry VIII. Under the act of Elizabeth the sanction is the mildest one compatible with the law being effectual; indeed, it is not properly a penalty, but a condition. The law no longer says to all sorts of men, "You must take this oath or be punished as a traitor," but only to men receiving office or promotion, "You must take this oath to qualify yourself for holding the place." But troubles were not long in gathering, and they bore their natural fruit in a return to disused severities. A new and more stringent anti-papal act was passed in 1563 (5 Eliz., c. 1), and it seems that even sharper measures had been first proposed. The obligation to take the oath of supremacy was extended to all persons taking orders and degrees, schoolmasters, barristers, attorneys, and officers of all courts. A first refusal to take the oath was to entail the penalties of premunire; a second, those of high treason. Temporal peers were specially exempt

seem to a modern reader pretty stringent and comprehensive, "there lacketh full and sufficient words"; and in the act further regulating the succession to the crown (35 H. VIII., c. 1) occasion was taken to provide a new consolidated form to replace the two previously appointed oaths. This is very full and elaborate; some of its language survived down to our own times, as will be seen by the following extract: "I, A B, having now the veil of darkness of the usurped power, authority and jurisdiction of the see and bishop of Rome clearly taken away from mine eyes, do utterly testify and declare in my conscience that neither the see nor the bishop of Rome nor any foreign potentate hath, nor ought to have, any jurisdiction, power or authority within this realm, neither by God's law nor by any other just law or means, and that I shall never consent nor agree that the foresaid see or bishop of Rome, or any of their successors, shall practice, exercise or have any manner of authority, jurisdiction or power within this realm or any other the king's realms or dominions, nor any foreign potentate, of what estate, degree or condition soever he be, but that I shall resist the same at all times to the uttermost of my power, and that I shall bear faith, truth and true allegiance to the king's majesty and to his heirs and and that I shall accept, repute and take the king's majesty, his heirs and successors, when they or any of them shall enjoy his place, to be the only supreme head in earth under God of the church of England and Ireland, and of all other his highness' dominions Refusal to take the oath is, as before, to subject the recusant to the penalties of high treason. Apparently this act remained in force till Mary's accession, in 1553. One of the first proceedings of her reign was to abolish all statutory treasons not within the statute of Edward III., by which the offense of high treason was and still is defined. (1 Mar., st. 1, c. 1.) Thus, the penalty for noted, "forasmuch as the queen's majesty is othertaking the oath of allegiance and supremacy was abrogated, and the oath of course became a dead letter, though not dealt with in express terms. Nor was it revived in the same form when the reformation again got the upper hand with the accession of Elizabeth. The first act of parliament of her reign*-which, in repealing the reactionary legislation of Philip and Mary, names "Queen Mary, your highness' sister," with a significant absence of honorable additions-created a new and much more concise oath of supremacy and allegiance, to be made by all ecclesiastical officers and ministers, and all temporaling papists should be more sharply looked after. officers of the crown, and also by all persons taking orders or university degrees. It is short enough to be cited in full: "I, A B, do utterly testify and declare in my conscience that the queen's highness is the only supreme governor of this realm and of all other her highness' * 1 Eliz., c. 1. In the argument in Miller vs. Salomons, in the Exchequer (7 Ex., at p. 478), it was erroneously stated to be the first statute on the subject.

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wise sufficiently assured of the faith and loyalty of the temporal lords of her highness' court of parliament." So matters stood till, early in the reign of James I., yet a new outbreak of indignation and panic was produced by the gunpowder plot. The Protestant majority was convinced by "that more than barbarous and horrible attempt to have blownen up with gunpowder the king, queen, prince, lords and commons, in the house of parliament assembled, tending to the utter subversion of the whole state,' that popish recusants and occasionally conform

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Hence the " 'Act for the better discovering and repressing of popish recusants" (3 Jas. I., c. 4), which established, among other precautions, a wordy oath of allegiance, supremacy and abjuration, which might be tendered by justices of assize or of the peace to any commoner above the age of eighteen; persons refusing it were to incur the penalties of premunire. This oath contains an explicit denial of the pope's authority to de

pose the king or discharge subjects of their allegiance, a promise to bear allegiance to the crown notwithstanding any papal sentence of excommunication or deprivation, and a disclaimer of all equivocation or mental evasion or reservation. About the middle of it occurs for the first time the "damnable doctrine and position" clause, as we may call it, which was long afterward continued in the interests of the Protestant succession against James II. and the pretender. The words are these: "And I do further swear that I do from my heart abhor, detest and abjure, as impious and heretical, this damnable doctrine and position, that princes which be excommunicated or deprived by the pope may be deposed or murdered by their subjects or any other whosoever." Here also we find the words, afterward discussed in relation to the admission of Jews to parliament, "upon the true faith of a Christian." They can not have been particularly intended to exclude Jews from office, as Jews were at that time excluded from the realm altogether. It has been plausibly conjectured that their real intention was to clinch the proviso against mental reservation or equivocation "by conclusively fixing a sense to that oath which by no evasion or mental reservation should be got rid of without (even in the opinion of the Jesuit doctors them selves) incurring the penalty of mortal sin." For in a certain treatise on Equivocation, of which a copy corrected in Garnet's handwriting was found in the chamber of Francis Tresham, one of the conspirators named in the act, and was much used on the trial, this point of mental reservation is fully discussed; and it is laid down that equiv. ocation and reservation may be used without danger to the soul even if they are expressly dis- | claimed in the form of the oath itself. But there is this exception, that "no person is allowed to equivocate or mentally reserve, without danger, if he does so, of incurring mortal sin, where his doing so brings apparently his true faith toward God into doubt or dispute." It was probably conceived by the advisers of the crown that the words, upon the true faith of a Christian," brought the statutory form of oath within this exception. (Judgment of Baron Alderson in Miller 8. Salomons, 7 Ex. 536, 537.) A few years later, in the session of 1610, a sort of confirming act was passed (7 James I., c. 6), which made minute provision as to the places where, and the officers by whom, the oath should be administered to various classes of persons. - Shortly after the restoration an oath declaring it unlawful upon any pretense whatever to take arms against the king, was imposed on all soldiers and persons holding military offices (14 Car. II., c. 3, ss. 17, 18); and the act of uniformity (14 Car. II., c. 4, s. 6) contained a declaration to the like effect, and also against the solemn league and covenant. A similar provision in the corporation act was overlooked at the revolution, and escaped repeal till the reign of George I. In 1672 a revival of the anti-Catholic agitation followed upon Charles II.'s attempts

ever.

to dispense with the existing statutes, nominally in favor of Romanists and Dissenters equally, by a declaration of liberty of conscience. The result was, that a declaration against transubstantiation was added to the oaths of allegiance and supremacy, by a new penal statute entitled 'An act for preventing dangers which may happen from popish recusants," (25 Car. II., c. 2). After the revolution of 1688, however, a new start was taken. By the combined effect of two of the earliest acts of the convention parliament (1 Will. & Mar., c. 1 and c. 8), all the previous forms of the oaths of allegiance and supremacy, expressly including the declaration as to taking arms against the king, were abrogated, and a concise form substituted, which stood as follows: "I, A B, do sincerely promise and swear that I will be faithful and bear true allegiance to their majesties King William and Queen Mary. So help me God, etc.* I, A B, do swear that I do from my heart abhor, detest and abjure, as impious and heretical, that damnable doctrine and position that princes excommunicated or deposed by the pope or any authority of the see of Rome may be deposed or murthered by their subjects or any other whatsoAnd I do declare that no foreign prince, person, prelate, states or potentate hath or ought to have any jurisdiction, power, superiority, preeminence or authority, ecclesiastical or spiritual, within this realm. So help me God, etc." -- In 1701 came the death of James II. at St. Germains, and the ostentatious recognition of the pretender as king of England by Louis XIV. Fuller and more stringent precautions were again thought needful, and in the very last days of William III.'s life an act was passed (13 & 14 Wm. III., c. 6), imposing on specified classes of persons, including peers, members of the house of commons, and all holding office under the crown, an oath of special and particular abjuration of the pretender's title. The declaration of 1672 against transubstantiation (which had been spared from the general abrogation of other existing tests at the beginning of the reign) was at the same time expressly continued. As the form settled by this act remained substantially unchanged down to our own time, it is here set out: "I, A B, do truly and sincerely acknowledge, profess, testify and declare in my conscience before God and the world, that our sovereign lord King William is lawful and rightful king of this realm and of all other his majesty's dominions and countries thereunto belonging. And I do solemnly and sincerely declare that I do believe in my conscience that the person pretended to be the prince of Wales during the life of the late King James and since his decease pretending to be and taking upon himself the stile and title of king of England by the name of James the Third, hath not any right or title whatsoever to the crown of this realm or any other the dominions thereto

*The "etc." means, I suppose, and the contents of this Book."

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