minster; and Mr. Brooke (tit. Examination, 32.) is of opinion, that every examination is to be handled upon oath. And therefore belike (fay they) the ftatute of 2 Ed. 6. c. 13. giving power to the ordinary to examine a man for his pe: fonal tithe, excepteth an oath, as though otherwife he might have required it of him. Befides all this, they add for reafon, that if these informers be exaamined on oath, then, although it should happen them to die before the prisoner hath his trial, yet may their information be given in evidence, as a matter of good credit; whereas otherwife, it would be of little or no weight at all, and thereby offenders fhould the more eafily escape. And, he adds, to this latter opinion, I myfelf am ready to fubfcribe; as well because I have heard fome judges of affize deliver their minds accordingly, as alfo for that I have found by experience, that, without fuch an oath, many informers will fpeak coldly against a felon before the face of the judge, having perhaps first made their bargain with the offender or his friends, before that the judge did hear of the caufe. Lamb. 213.

Mr. Dalton, upon the fame fubject, fays, the perfon accused fhall not be examined upon oath, for by the common law no man is obliged to accufe himself. But it feemeth convenient (he fays), in cafes of felony efpecially, that the information of the bringer and others, which the juftices do take against the prifoner, be upon oath; otherwife, upon the trial of the prifoner, fuch information taken by the juftice fhall not be read or delivered to the jury, nor given in evidence against the prifoner upon his trial. And fo was the direction of the Ld. C. J. Coke at Cambridge fummer affizes, upon the trial of a felon; for, faid he, in cafe of a trefpafs, although it be only to the value of twopence, no evidence fhall be given to the jury but upon oath, much less where the life of a man is in queftion. Dalt. Old Ed. c. 111.

And Ld. Hale, fpeaking of the fame ftatute, is exprefs, that the information of the profecutor or witneffes ought to be upon oath, although the ftatute doth not mention an oath; which information upon oath, being fworn on the trial to be truly taken by the juftice or his clerk, may be given in evidence against the prifoner, if the witneffes be dead or not able to travel. H. H. 586.

Finally, Mr. Dalton, in another place, fpeaking of the cafe where one juftice may punish offenders upon accufation or proof generally, fays, it feemeth that this must be by examination of witneffes; and though the ftatute doth not exprefsly fet down that it fhall be upon oath, yet it Leemeth

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Perjury.

Of the oath of allegiance.

Of the oath of
Supremacy.

feemeth fit, that the juftice do it upon oath: yea in all other cafes, where foever any man is authorised to examine witneffes, fuch authority to examine fhall be taken and conflrued to be in fuch manner as the law will, which is only by oath. Dalt. Old Ed. c. 66.

Upon the whole, this difference of opinion, concerning the power of juftices of the peace to administer oaths in the feveral cafes that may happen, is a matter of most lerious confideration; and there being by the aforesaid act of 15 G. 3. c. 39. a parliamentary declaration in one inftance, which, fo far as it goes, determines against a general power of the juftices; and it being uncertain how far by parity of reafon the like conftruction may be extended to other inftances; it is humbly fubmitted, whether it might not be expedient to enact once for all, that in all cafes where by any act of parliament juftices of the peace have cognizance, they fhall have power to administer an oath.

Where an oath is adminiftred by a perfon that hath lawful authority to tender the fame, and it be afterwards broken, yet if it be not in a judicial proceeding, it is no perjury, nor punishable by the common law. 3 Inft. 166.

Therefore if one call another a perjured man, he may have an action on the cafe, because it shall be intended to be contrary to his oath in a judicial proceeding; but for calling one a forfworn man, no action lies; because the forfwearing may be extrajudicial, and confequently no perjury in law. id.

Every layman, above the age of 12 years, was anciently obliged to take the oath of allegiance at the tourn or leet, and it was a high contempt to refuse it. 1 Inft, 68.

But the clergy were not obliged to take the oath of allegiance till the reformation, any further than doing homage to the king for the lands held of him in right of the church. H. H 71, 72.

Ld. Hale, fpeaking of the ancient oath of allegiance, which continued above 600 years, fays, that therein the prudence of the common law is obfervable, that it was fhort and plain, not intangled with long and intricate claufes or declarations, but that the fense of it was obvious to the most common understanding, and yet withal comprehensive of the whole duty of a fubject to his prince. 1 H. H. 63. And from this the prefent form of the oath of allegiance bath not much varied.

The oath of fupremacy came in, upon abolishing the papal authority at the reformation.

The

The oath of abjuration came in after the revolution; of the oath of received fome alterations in the first year of queen Anne; abjuration. and again in the first year of king Gearge the firft; and finally in the fixth year of king George the third.

Perhaps it might be wifhed, that it were made more applicable to Ld. Hale's rule, in being more thort and plain; there being in it feveral hard words, which probably many who take it do not well understand; and there being an act of parliament therein referred to, which perhaps not one in fifty who take it have confulted.

the oaths,

Two juftices may fummon by writing under hand and Summoning feal, any person whom they shall fufpect to be dangerous perfons to take or difaffected to the government, to appear before them, at a certain day and time therein to be appointed, to take the oaths of allegiance, fupremacy, and abjuration, and if fuch perfon neglects or refufes to appear, then on due proof made on oath of the fummons having been served on fuch perfon, or left at his dwelling-houfe, or ufual place of abode, with one of the family there, they fhall certify the fame to the next fethions, there to be recorded by the clerk of the peace. And if fuch perfon fhall neglect or refufe to appear and take the oaths at the faid feffions (the name of fuch perfon being publickly read at the firft meeting of the faid feffions), then fuch perfon fhall be efteemed and adjudged a popish recufant convict; and the same shall be thence certified by the clerk of the peace into the chancery or king's bench, to be there recorded. 1 G. f. 2. 6. 13. f. 10, 11.

Whom they shall fufpec] It feemeth that a bare fufpicion is not fufficient, but there fhould be fome good cause of fufpicion, and that the cause of fufpicion is traversable. Read. Oath.

Refufe to take the oaths] A perfon cannot be faid to refufe the oaths, unless they be read to him, or offered to be read. Read. Oath.

II. The common forms of oaths.

The oath of allegiance, by the 1 G. f. 2. c. 13.

Oath of alle

I A. B. do fincerely promife and fwear, that I will be faith- giance. ful, and bear true allegiance to his majesty king George: belp me God.

I

So

Oath of fupre

The oath of fupremacy, by the 1 G. ft. 2. c. 13. I A. B. do fwear, that I do from my heart abhor, deteft, macy. 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

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mur

Oath of abjuration.

Declaration against tranfub. Aantiation.

murdered by their fubjects, or any other whatfoever. And I do declare, that no foreign prince, perfon, prelate, state, or potentote, bath, or ought to have, any jurifdiction, power, fuperiority, pre-eminence or authority, ecclefiaftical or spiritual, within this realm: 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 conscience, before God and the world, that our fevereign lord king George is lawful and rightful king of this realm, and all other his majesty's dominions thereunto be longing. And I do folemnly and fincerely declare, that I da belive 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 took upon himself the fiyle and title of king of Eng land, by the name of James the third, or of Scotland, by the name of James the eight, or the flyle 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, refufe, and abjure any allegiance or obedience to any of them. And I do fwear, 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 confpiracies and attempts whatsoever, which shall be made against his perfon, crown, or dignity. And I will do my utmft endeavour to difclofe and make known to his majesty, and bis fucceffors, all treafons and traiterous confpiracies which I hall know to be against him or any of them." And I do faithfully promife, to the utmost of my power, to fupport, maintain and defend the fucceffion of the crown against the defcendants of the faid James, and against all other perfons whatsoever; which fucceffion, 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 ftands limited to the princess Sophia, electress and duchefs dowager of Hanover, and the heirs of her body, being proteflants. And all thefe things I do plainly and fincerely acknowledge and fwear, according to these exprefs words by me spoken, and according to the plain and common fenfe and understanding of the fame words, without any equivocation, mental evafton, or fecret refervation whatsoever. And I do make this recognition, acknowledgment, abjuration, renunciation, and promije, heartily, willingly and truly, upen the true faith of a chriftian: So help me God.

The declaration against tranfubftantiation, by the 25 C. 2. c. 2. f. 9.

I A. B. do declare, that I do believe, that there is not any tranfubftantiation in the facrament of the Lord's fupper or in

the

the elements of bread and wine, at or after the confecration thereof by any person whatsoever.

The declaration against popery, by the 30 C. 2. ft. 2.

f. I.

I A. B. do folemnly and fincerely, in the prefence of God, profefs, teftify, and declare, that I do believe, that in the facrament of the Lord's fupper there is not any transubstantiation of the elements of bread and wine into the body and blood of Chrift, at or after the confecration thereof by any perfon whatsoever: And that the invocation, or adoration of the Virgin Mary, or any other faint, and the facrifice of the mass, as they are now used in the church of Rome, are fuperftitious and idolatrous: And I do folemnly, in the prefence of God, profefs, teflify and declare, that I do make this declaration, and every part thereof, in the plain and ordinary fenfe of the words read unto me, as they are commonly understood by English proteftants, without any evafion, equivocation, or mental refervation whatsoever, and without any difpenfation already granted me for this purpose by the pope, or any other authority or perfon whatsoever, and without any hope of any fuch difpenfation from any perfon or authority whatfoever, or without thinking that I am or can be acquitted before God or man, or abfolved of this declaration, or any part thereof, although the pope, or any other person or perJons, or power whatsoever, shall difpenfe with or annul the Jame, or declare that it was null or void from the beginning.

III. Quakers oaths.

Declaration against popery,

Affirmation al.

In all cafes wherein by any act of parliament an oath fhall be allowed or required, the folemn affirmation of qua- lowed. kers fhall be allowed inftead of fuch oath; and that, although no exprefs provifion be made for that purpose in fuch act. 22 G. 2. c. 46. And therefore fuch provifions, which are very frequent in acts of parliament, are fuperfluous.

And if any perfon fhall be lawfully convicted of wilful, Perjury incurred falfe, and corrupt affirming or declaring any matter or by fale affirma thing, which if fworn in the ufual form would have tion. amounted to wilful and corrupt perjury, he shall fuffer as

in cafes of perjury. 8 G. c. 6. f. 2.

But no quaker fhall by virtue hereof be qualified or per- Affirmation not mitted to give evidence in any criminal caufe, or ferve on allowed in cri any juries, or bear any office or place of profit in the government. 78 W. c. 34. S. 6.

minal matters.

deemed criminal matters.

In any criminal caufe] By which words it feemeth, that What shall be a quaker fhall not have fureties of the peace or good behaviour granted to him, or have a warrant to search for ftolen goods, or fue the hundred for damages in case of robbery,

and