Titus 1649-1705 Oates

oath, god, hand, law, allegiance, holy, swear, king, oaths and laws

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The act of swearing by weapons may signify that the swearer if forsworn is to die by such a weapon; or the warrior may appeal to his weapon as a powerful or divine object (see Du Cange, s.v. "Juramenta super arma"; Grimm, Deutsche Rechtsalterth., p. 896). Stretching forth the hands towards the object or deity is a natural gesture, used by Israelites (Gen. xiv. 22 ; Deut. xxxii. 40; see Dan. xii. 7; Rev. x. 5). In France a juror takes oath by raising his hand, saying, "Je jure!" The Scottish judicial oath is taken by the witness holding up his right hand uncovered, and repeating after the usher, "I swear by Almighty God, and as I shall answer to God at the great day of judgment, that I will," etc.

In the ancient world sacrifice (q.v.) often formed part of the ceremony of the oath; typical examples may be found in the Homeric poems. Details of the old Scandinavian oath have been preserved in Iceland in the Landnamabok (Islendinga Sogur, Copenhagen, 1843) ; a bracelet (baugr) of two rings or more was to be kept on the altar in every head court, which the godi or priest should wear at all law-things held by him, and should redden in the blood of the bullock sacrificed, the witness pronouncing the remarkable formula : "Name I to witness that I take oath by the ring, law-oath, so help me Frey, and Niord, and almighty Thor" (hialpi mer sva Freyr, ok Miordr, ok hinn almattki Ass), etc. This was doubtless the great oath on the holy ring or bracelet which the Danes swore to King Alfred to quit his kingdom.

Under Christ's injunction, "Swear not at all" (Matt. v. 34; also James v. 12), many Christians have shrunk from taking oaths, see writings of the Fathers. In more modern times Ana baptists, Mennonites and Quakers have refused to take even judicial oaths. On the other hand, the laws of Christendom from early ages have been directed against such swearing as was con sidered profane or otherwise improper, and against perjury. Con stantine's laws required every witness in a cause to take oath ; this is confirmed in Justinian's code which even in some cases re quires also the parties and advocates to be sworn (Cod. Theod. xi. 39; Justin. Cod. iv. zo, 59). Bishops and clergy were called upon to take oath in ordination, monastic vows, and other ecclesiastical matters (see details in Bingham, Antiq. of Chr. Church, xvi. 7). The Reformation conformed to this principle in Art. xxxix. of the church of England. The Christian oath on a copy of the Gospels seems derived from the late Jewish oath taken holding in the hand the scroll of the law (or the phylacteries), a ceremony itself pos sibly adapted from Roman custom (see treatise "Shebuoth" in Gemara). The practice of kissing the book, established in Eng land, appears in the middle ages (J. E. Tyler, Oaths, pp. 119, 151). The book was often laid on the altar, or the swearer laid his hand on the altar itself, or looked towards it ; or touched relics of saints on the altar. Other objects, as the cross, the bishop's crosier, etc., were sworn by (see Du Cange, s.v. "Jurare"). An oath ratified by contact or inspection of a sacred object was called a "corporal" or bodily oath, as distinguished from a merely spoken or written oath.

Oath Formulas.

Among the oath formulas used in Christen dom, that taken by provincial governors under Justinian is typical of one class: "I swear by God Almighty, and His only begotten Son our Lord Jesus Christ, and the Holy Ghost, and the Most Holy Glorious Mother of God and ever Virgin Mary, and by the Four Gospels which I hold in my hand, and by the Holy Arch angels Michael and Gabriel," etc. The famous oath of the kings

Louis and Charles at Strassburg in A.D. 842 runs : "By God's love and the Christian people and our common salvation, as God shall give me knowledge and power," etc. In the oath of fealty in the capitularies of Charlemagne in 802, is found the familiar form "Sic me adjuvet Deus," corresponding to formulas of pre-Christian Rome. This became widely spread in Europe, appearing in Old French "Si m'ait Dex," German "So mir Gott helfe," English "So help me God." A remarkable point in its history is its occurrence in the "So help me Frey," etc., of the old Scandinavian ring-oath already described. William the Conqueror swore "by the splendour of God," Richard I. "by God's legs," John "by God's teeth"; other phrases are given in Du Cange as "per omnes gentes," "per coronam," "par la sainte figure de Dieu," "par la mort Dieu," etc.

Law.

In England the coronation oath is administered by an archbishop or bishop in the presence of the people, who, on their parts, reciprocally take the oath of allegiance to the crown. The archbishop or bishop shall say: "Will you solemnly promise and swear to govern the people of this United Kingdom of Great Brit ain and Ireland and the dominions thereto belonging according to the statutes in parliament agreed on, and the respective laws and customs of the same?" The king shall say: "I solemnly promise so to do." Archbishop or bishop: "Will you to the utmost of your power cause law and justice, in mercy, to be executed in all your judgments?" King: "I will." Archbishop or bishop: "Will you to the utmost of your power, maintain the laws of God, the true profession of the Gospel, and the Protestant reformed religion established by law? And will you maintain and preserve inviolably the settlement of the Church of England and the doctrine, worship, discipline and government thereof, as by law established in Eng land? And will you preserve unto the bishops and clergy of Eng land, and to the churches therein all such rights and privileges as by law do or shall appertain to them, or any of them?" King: "All this I promise to do." After this the king, laying his hand upon the holy Gospels, shall say: "The things which I have here before promised I will perform and keep; so help me God," and then shall kiss the book. (See CORONATION.) The chief officers of state take an "official" oath well and truly to serve his majesty. Special oaths are taken by privy councillors, archbishops and bishops, peers, baronets and knights, recruits and others. The old oath of allegiance, as administered (says Black stone, Commentaries, book i. chap. x.) upwards of 600 years, was replaced in the reign of William III. by a shorter form ; and it now runs : "I . . . do swear that I will be faithful and bear true allegiance to His Majesty . . . , his heirs and successors, accord ing to law." Statutes of Charles II. and George I. enacted that no member should vote or sit in either house of parliament without having taken the several oaths of allegiance, supremacy and abjuration. In modern times a single parliamentary oath was sub stituted for the three, and this was altered to enable Roman Catholics to take it ; Jews were enabled to sit in parliament by being allowed to omit the words "on the true faith of a Christian." In its present form the parliamentary oath consists of an oath of allegiance and a promise to maintain the succession to the crown as limited and settled in the reign of William III. The right to affirm in lieu of taking the parliamentary oath was first raised in the case of Charles Bradlaugh (q.v.).

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