Oaths and declarations

INTRODUCTION

These Oaths and Declarations comprise Sessions files of subscriptions by public officers and other persons to oaths and declarations of loyalty to the Crown required to be made at Quarter Sessions under the provisions of various statutes, with some Sacrament Certificates filed with them.

The files were probably made up at some time in the second half of the 18th century. Before this they were perhaps loose or in Sessions bundles as some endorsements on some of the oaths and certificates suggest. Each of the first four of the files covers a number of years, together extending from 1679 to 1727, while the number of subscriptions in 1723 required that the file for that year be separated. The oaths for the years 1743 to 1756 were sorted into single yearly bundles on one file and to it were added Sacrament Certificates presented at the separate Sessions during the year. For some reason these were included in the Oaths series rather than in the series of Sacrament Certificates (ref. Q25/2). It is clear that the files were made at a later date since the oaths of Epiphany Sessions are consistently misplaced, the arranger failing to take note of the practice of dating prior to 1752. Particular instances of misplacement are a 1755 subscription on the 1745 file (Q25/1/8) and a letter dated 1757 placed with a 1751 document, to which it refers, on the 1751 file (Q25/1/14). The 1756 bundle was found to consist of one file of the oaths for all Sessions and four separate files for the Sacrament certificates at each Sessions, while the 1757 bundle has four files of oaths and three files of certificates.

From 1758, however, the filing was more consistent, the oaths and Sacrament Certificates for each Sessions being kept together, four files being present in each yearly bundle. The Sacrament Certificates continue until 1829 when the Act of 9 George IV, c.17 (1828) substituted a Declaration not to injure the Church of England. During the 19th century the oaths are increasing confined to those made by Justices of the Peace and other officials such as bailiffs. From 1889 the series comprises oaths of Justices of the Peace only.

TYPES OF OATHS AND DECLARATIONS

A: Transubstantiation. Declarations against Transubstantiation, under 25 Charles II, c.2, s.9 (1672), required of all persons holding public office, except parish and minor civil offices. Ended by 10 George IV c.7 (1829).

B: Popery. Declaration against Popery as set out in 30 Charles II, st. 2, c.l., required of Dissenters under the Toleration Act of 1 William & Mary, c.18 s.2. (1688).

C: Articles of Religion. Declaration of approbation of the Articles of Religion, excepting Articles 34-36 and part of 20, required of Protestant dissenting clergy and teachers under 1 William & Mary, c.18, s.8 (1688).

D: Association. Subscription to the Association "for the better Preservation of her Majesty's royal person and government", under 7 & 8 William III, c.27, s.3 (1696). Made void by 1 Anne, st.1, c.22, s.3 (1701).

E: Abjuration. Single oath of abjuration of an allegiance to the Pretender, of allegiance of Queen Anne, and of support of the Protestant succession, under 1 Anne st.1, c.22, s.1 (1701), renewing 13 William III c.6 (1701). Replaced the Association (above) and was superseded by 1 George I, st.2, c.13 (1714).

F: Allegiance & Supremacy. Two separate oaths, of allegiance and supremacy respectively, subscribed by Dissenters under the Toleration Act of 1 William & Mary, c.18, s.2 (1688), the wording being prescribed in 1 William & Mary c.1 ss. 6 & 7 (1688). Dissenters were also required to make the Declaration against transubstantiation in the extended form and the oath of abjuration, while in addition Dissenting clergy and teachers had to subscribe to the Articles of Religion (see above)

G: Allegiance, Supremacy and Abjuration. Three separate oaths, of allegiance, supremacy and abjuration, under 1 George I, st.2, c.13, s.1 (1714), replacing the single oath of abjuration (above). The Midsummer 1723 roll contains about 6,500 names of men and women who subscribed to these oaths to avoid the effect of the Act of 9 George I, c.24 (1722) which required all persons over the age of 18 years to take the oaths of allegiance by 25 December 1723 or else to register their names and estates as papists. An amending Act, 10 George I, c.4 extended the time limit to 28 November 1724 and exempted women from its provisions. No roll for Michaelmas 1723 has survived.

H: Quakers. Quakers and others who refused to take oaths were required by 1 William & Mary c.18, s.13 (1688) to make a Declaration of Fidelity instead of allegiance and supremacy, the actual words of affirmation being altered by 7 & 8 William III, c.34 and later by 8 George I, c.6 (1722). Further, under 1 George I, st.2 c.6, they had to affirm the effect of the abjuration oath, the words of which were also altered by 8 George I, c.6. These Declarations being substituted for oaths of allegiance, supremacy and abjuration, the wording of the oaths was closely followed.