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Maryland Act for Swearing Allegiance

1638

Plymouth Oath of Allegiance and Fidelity

1625


Current American oaths, including that demanded of witnesses giving testimony at trial and the so-called Pledge of Allegiance, constitute remnants of a centuries-long tradition demanding that citizens and subjects bind themselves to their political communities and leaders. England’s Henry VIII used this tradition, among other means, to force the conversion of his people from the Catholic Church by demanding that they swear the Oath of Supremacy to him as head of the English Church. James I later required an oath to himself, but not as head of the church. Charles I, who reigned between 1625 and 1649, required both oaths of his subjects. However, because they were governed according to derivative charters, not all colonists were called on to swear them. Maryland, settled in large measure by Catholics fleeing English laws forbidding the practice of their religion, sought a more lenient oath. Protestant dissenters, likewise alienated from the hierarchy of the Church of England, also sought to avoid swearing oaths they thought impious. Local conditions—including provisions in the Massachusetts Bay charter, Plymouth plantation’s existence beyond the borders of any chartered colony, and actions by local authorities—allowed for compromise. Maryland’s Catholics were not required to recognize the king as head of their church, so long as they agreed to serve him as their temporal sovereign. The Puritans of Plymouth went further, using the oath swearing as a means by which to bind community members to the colony itself. In this way they undergirded the colonial government’s legitimacy and provided a means by which to bring in new members as time went by.

Maryland Act for Swearing Allegiance

Be it Enacted and ordeined by the Lord Proprietarie of this Province by and with the Consent and approbation of the ffreemen of the same that all and every person or persons of the age of eighteen years and upwards Inhabitants or that Shall come hereafter to Inhabite within this Province shall within one month next after this present Assembly shall be dissolved or within one month after such person or persons shall land or come into this Province take an oath to our Soveraigne Lord King Charles his heirs and Successors in these words following (I: A B doe truly acknowledge professe testifie and declare in my concience before God and the World that our Soveraigne Lord King Charles is lawfull and rightfull King of England and of all other his Majesties Dominions and Countries and I will bear true faith and allegeance to his Majestie his heirs and lawfull Successors and him and them will defend to the uttermost of my power against all conspiracies and such attempts whatsoever which shall be made against his or their Crowne or dignity and shall and will doe my best endeavour to disclose and make known to his Majestie his heirs and lawfull Successors all Treasons and traiterous consperacies which I shall know or heare to be intended against his Majestie his heirs and lawfull Successors And I doe make this recognition and acknowledgement heartily willingly and truely upon the faith of a Christian So help me God) And Be it further Enacted By the authority aforesaid that if any person or persons to whom the Said oaths Shall be tendred by Virtue of this present act Shall willfully refuse to take the same that then Upon such tender and refusall the said person or persons so refuseing to take the said Oath shall be imprisoned till the next County Court or hundred Court of Kent and if at such Court such partie shall upon the Second tender refuse again to take the said oath the partie or parties so refuseing shall forfeit and lose all his Lands goods and Chattells within this Province to the Lord Proprietarie and his heirs and Shall be banished the said Province for ever (except women covert who Shall be committed only to prison untill such time as they will take the same oath).

To which end Be it further Enacted by the authority aforesaid that the Lieutent Generall or other officer Governour or Governours (for the time being) of this Province or two of the Councill or the Secretary of the Province for the time being or any Judge sitting in Court or the Commander of the Isle of Kent for persons being or that Shall be in the Ile of Kent Shall have full power to administer the said oath in manner aforesaid according to the intention of this present act This Act to continue till the end of the next assembly

Plymouth Oath of Allegiance and Fidelity

FORM OF OATH FOR ALL INHABITANTS

You shall sweare by the name of the great God … & earth & in his holy fear, & presence that you shall not speake, or doe, devise, or advise, anything or things, acte or acts, directly, or indirectly, By land, or water, that doth, shall, or may, tend to the destruction or overthrowe of this present plantation, Colonie, or Corporation of this towne Plimouth in New England.

Neither shall you suffer the same to be spoken, or done, but shall hinder & opposse the same, by all due means you can.

You shall not enter into any league, treaty, Confederace or combination, with any, within the said Colonie or without the same that shall plote, or contrive any thing to the hurte & ruine of the growth, and good of the said plantation.

You shall not consente to any such confederation, nor conceale any known unto you certainly, or by conje but shall forthwith manifest & make knowne by same, to the Governours of this said towne for the time being.

And this you promise & swear, simply & truly, & faithfully to performe as a true christian [you hope for help from God, the God of truth & punisher of falshoode].

FORM OF THE OATH GIVEN THE GOVERNOR AND COUNCIL AT EVERY ELECTION

You shall swear, according to that wisdom, and measure of discerning given unto you; faithfully, equally & indifrently without respect of persons; to administer Justice, in all causes coming before you. And shall labor, to advance, & furder the good of this Colony, & plantation, to the utmost of your power; and oppose any thing that may hinder the same. So help you God.

The American Republic

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