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the Lord's day, immediately after divine service and sermon: and in the court where he takes the oaths (as hereunder mentioned) he shall first deliver a certificate of such his receiving the sacrament, under the hands of the minister and churchwardens, and shall then make proof of the truth thereof by two witnesses on oath. And they shall also, when they take the said oaths, make and subscribe the declaration against transubstantiation. § 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] Ecclesiastical offices do not seem to be included within this description: and consequently it seemeth not requisite for clergymen, in qualifying for ecclesiastical offices, to produce any certificate of their having received the sacrament, [ 15 ] nor to make or subscribe the declaration against transubstantiation. But they are to take the oaths in like manner as civil officers, by the 1 G. st. 2. c. 13. which enacteth as follows:

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 membars 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 G. 2. c. 26. § 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. § 2. And this to be between the hours of nine and twelve in the forenoon, and no other. 20 C. 2. s. 2.

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

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. 1 G. st. 2. c. 13. § 8.

But generally there is an indemnifying clause in some act of parliament every two or three years, on condition that the persons qualify within the time therein prescribed.

And persons forfeiting their office may take a new grant thereof, on their taking the oaths, and conforming; provided it was not filled up before. 1 G. st. 2. c. 13. § 14.

In the universities, where persons shall not take the oaths, or

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Forms thereof.

shall not produce a certificate thereof, to be registered in their proper college, and others be not elected in their places within twelve months, the king shall appoint and nominate. 1 G. st. 2.

c. 13. § 12, 13.

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

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

The oath of supremacy by the same statute.

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 deprived by the pope, or any authority of the see of Rome, may be deposed or murdered by their subjects, or any other whatsoever. And I do declare 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: So help me God.

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

IA. B. do truly and sincerely acknowledge, profess, testify, and declare in my conscieuce, before God and the world, that our sovereign lord king George is lawful and rightful king of this realm, and all other his majesty's dominions thereunto belonging. And I do solemnly and sincerely declare, that I do believe in my conscience, that not any of the descendants of the person who pretended to be prince of Wales during the life of the late king James the second, and since his decease pretended to be, and took upon himself the stile 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 stile and title of king of Great Britain, hath any right or title whatsoever to the crown of this realm, or any other the dominions thereunto belonging: and I do renounce, refuse, and abjure any allegiance or obedience to any of them. And I do swear, that I will bear faith and true allegiance to his majesty king George, and him will defend to the utmost of my power, against all traiterous conspiracies and attempts whatsoever, which shall be made against his person, crown, or dignity. And I will do my utmost endeavour to disclose and make known, to his majesty and his successors, all treasons and traiterous conspiracies which I shall know to be against him or any of them. And I do faithfully promise to the utmost of my power, to support, maintain, and defend the succession of the crown against the descendants of the said James, and against all other persons whatsoever: which succession by an act entitled An Act for the further limitation of the crown, and better securing the rights and liberties of the subject, is and stands limited to the princess Sophia, electress and duchess dowager of Hanover, and the heirs of her body, being protestants. And all these things I do plainly and sincerely acknowledge and swear, according to these express words

by me spoken, and according to the plain and common sense and understanding of the same words, without any equivocation, mental evasion, or secret reservation whatsoever. And I do make this recognition, acknowledgment, abjuration, renunciation, and promise, heartily, willingly, and truly, upon the true faith of a Christian: So help me God.

The declaration against transubstantiation, by the 25 C. 2. c. 2. [or "Test Act"] is this:

I A. B. do declare, that I do believe, that there is not any transubstantiation in the sacrament of the Lord's supper, or in the elements of bread and wine, at or after the consecration thereof by any person whatsoever.

The declaration against popery, by the 30 C. 2. st. 2. c. 1. is as follows:

I A. B. do solemnly and sincerely, in the presence of God, profess, testify, and declare, that I do believe that in the sacrament of the Lord's supper there is not any transubstantion of the elements of bread and wine into the body and blood of Christ, at or after the consecration thereof by any person whatsoever: And that the invocation or adoration of the Virgin Mary, or any other saint, and the sacrifice of the mass, as they are now used in the church of Rome, are superstitious and idolatrous: And I do solemnly in the presence of God profess, testify and declare, that I do make this declaration, and every part thereof, in the plain and ordinary sense of the words read unto me, as they are commonly understood by English protestants, without any evasion, equivocation, or mental reservation what soever, and without any dispensation already granted me for this purpose by the pope, or any other authority or person whatsoever, or without any hope of any such dispensation from any person or authority whatsoever, or without thinking that I am or can be acquitted before God or man, or absolved of this declaration, or any part thereof, although the pope, or any other person or persons, or power whatsoever, shall dispense with or annul the same, or declare that it was null and void from the beginning.

Or without any hope of dispensation, or without thinking that I am or can be acquitted, &c.] By this disjunctive [or] here twice occurring, this declaration seemeth to be rendered somewhat loose and unconnected, and leaveth scope for equivocation. The word [and] seemeth to have been intended, and would render the declaration more compact.

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Declaration

and cath of

[20 B. By the 31 G. 3. c. 32. Catholicks who shall take and subscribe the following declaration and oath, in any of his majesty's courts at Westminster, or any court of general quarter ses- catholicks. sions, between the hours of nine in the morning and two in the afternoon, are relieved from divers penalties and disabilities. See Popery, passim.

[blocks in formation]

Declara

tion.

Oath.

I A. B. do declare, that I do profess the Roman catholick religion.

I A. B. do sincerely promise and swear, that I will be faithful and bear true allegiance to his majesty king George the third; and him will defend to the utmost of my power against all conspiracies and attempts whatever that shall be made against his person, crown, or dignity; and I will do my utmost endeavour to disclose and make known to his majesty, his heirs and successors, all treasons and traitorous conspiracies which may be formed against him or them: And I do faithfully promise to maintain, support and defend, to the utmost of my power, the succession of the crown; which succession, by an act intituled, An act for the further limitation of the crown, and better securing the rights and liberties of the subject, is and stands limited to the Princess Sophia, electress and dutchess dowager of Hanover, and the heirs of her body, being protestants; hereby utterly renouncing and abjuring any obedience or allegiance unto any other person claiming or pretending a right to the crown of these realms: And I do swear, that I do reject and detest, as an unchristian and impious position, that it is lawful to murder or destroy any person or persons whatsoever, for or under pretence of their being hereticks or infidels; and also that unchristian and impious principle, that faith is not to be kept with hereticks or infidels: And I further declare, that it is not an article of my faith, and that I do renounce, reject, and abjure the opinion, that princes excomunicated by the pope and council, or any authority of the see of Rome, or by any authority whatsoever, may be deposed or murdered by their subjects, or any person whatsoever. And I do promise, that I will not hold, maintain, or abet any such opinion, or any other opinions, contrary to what is expressed in this declaration : And I do declare, that I do not believe that the pope of Rome, or any other foreign prince, prelate, state, or potentate, hath or ought to have any temporal or civil jurisdiction, power, superiority, or pre-eminence, directly or indirectly, within this realm. And I do solemnly in the presence of God, profess, testify, and declare, that I do make this [19] declaration, and every part thereof, in the plain and ordinary sense of the words of this oath, without any evasion, equivocation, or mental reservation whatever, and without any dispensation already granted by the pope, or any authority of the see of Rome, or any person whatever, and without thinking that I am or can be acquitted before God or man, or absolved of this declaration, or any part thereof, although the pope or any other person or authority whatsoever, shall dispense with or annul the same, or declare that it was null or void. So help me God.]

Forms of

21. By the 8 G. c. 6. The quakers' solemn affirmation, instead quakers' af- of an oath, is this:

firmations

and declarations,

I A. B. do solemnly, sincerely, and truly declare and affirm.
By the same act, instead of the declaration of fidelity provided

by 1 W. & M. sess. 1. c. 18. quakers shall be allowed to make the following declaration of fidelity :

I A. B. do solemnly and sincerely promise and declare that I will be true and faithful to king George; and do solemnly, sincerely, and truly profess, testify, and declare, that I do from my heart abhor, detest, and renounce, as impious and heretical, that wicked doctrine and position, that princes excommunicated or deprived by the pope, or any authority of the see of Rome, may be deposed or murdered by their subjects, or any other whatsoever. And I do declare, that no foreign prince, person, prelate, state or potentate hath, or ought to have, any power, jurisdiction, superiority, pre-eminence, or authority, ecclesiastical or spiritual, within this realm.

And by the same act, they were allowed to take the effect of the abjuration oath, in these words:

I A. B. do solemnly, sincerely, and truly acknowledge, profess, testify, and declare, that king George is lawful and rightful king of this realm, and of all other his dominions and countries thereunto belonging, and I do solemnly and sincerely declare, that I do believe 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, or of Scotland, by the name of James the eighth, or the stile and title of king of Great Britain, hath not any right or title whatsoever to the crown of this realm, nor any other the dominions thereunto belonging; and I do renounce and refuse any allegiance or obedience to him. And I do solemnly promise, that I will be true and faithful, and bear true allegiance to king George, and to him will be faithful against all traitorous conspiracies and attempts whatsoever, which shall be made against his person, crown, or dignity. And I will do my best endeavour to disclose and make known to king George, and his successors, all treasons and traitorous conspiracies, which I shall know to be [20] against him, or any of them. And I will be true and faithful to the succession of the crown against him the said James, and all other persons whatsoever, as the same is and stands settled by an act, intituled, An act declaring the rights and liberties of the subject, and settling the succession of the crown, to the late queen Anne, and the heirs of her body, being protestants; and as the same by one other act, intituled, An act for the further limitation of the crown, and better securing the rights and liberties of the subject, is and stands settled and intailed, after the decease of the said late queen; and for default of issue of the said late queen, to the late princess Sophia, electress and dutchess dowager of Hanover, and the heirs of her body, being protestants. And all these things I do plainly and sincerely acknowledge, promise and declare, according to these express words by me spoken, and according to the plain and common sense and understanding of the same words without any

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