OATHS OF ALLEGIANCE

IN COLONIAL NEW ENGLAND

TH

HE antiquity of the custom of giving and taking Oaths, or the debatable questions of their observance being a religious or legal ceremony, and whether the moral or political aspect has the greater effect upon the minds of men, are subjects with which this paper has nothing to do.

And as the substance of Oaths for particular officers is to engage them to a faithful discharge of their places and trusts to the best of their ability, it has been considered, in general, unnecessary to give them, especially as these offices carry with them the assumption that the general Oaths required of all citizens have first been complied with. No Oaths of office were administered or required in the New Plymouth Colony, the power of the Church being, in effect, superior to the civil power.

For the main purpose of this paper it will not be necessary to go further back in history than to the reign of James the First, of England, 1603-1625, during which time the providences of God directed the course of the voyage of the Pilgrims away from the Colony of Virginia to their settlement at Plymouth in New England, in December, 1620; or to carry the subject beyond the time, in the short-lived reign of James the Second, 1685-1689, when, in December, 1686, Sir Edmund Andros, knight, arrived in Boston with a commission to govern New England, and the Colonial period of New England came to an end.

In England.

When Henry the Eighth renounced the authority of the Pope, in 1534, an Act of Parliament was obtained declaring him the only supreme head of the Church in England on the earth; and utterly abolishing the authority of the Roman Pontiff within the British Dominions. To give effect to this Act there was further enacted:

THE OATH OF SUPREMACY

I, A. B. do utterly testifie and declare in my Conscience, that the Kings Highness is the only Supream Governour of this Realm, and of all other His Highness Dominions and Countries, as well in all Spiritual and Ecclesiastical things (or causes) as Temporal: And that no Forraign Prince, Person, Prelate, State, or Potentate, hath, or ought to have any jurisdiction, power, superiority, preheminence or authority, Ecclesiastical or Spiritual within this Realm: and therefore I do utterly renounce and forsake all forreign jurisdiction, powers, superioritie, and authorities, and do promise that from henceforth I shall bear Faith and true Allegiance to the Kings Highness, His Heirs and lawful Successors, and (to my power) shall assist and defend all jurisdiction, priviledge, preheminence, & authority granted or belonging to the Kings Highness, His Heirs and Successors, and united and annexed to the imperial Crown of the Realm. So help me God, &c.

The Act of Supremacy which broke the power of the Roman Catholic Church in England, under Henry the Eighth, and his successor, Edward the Sixth, was repealed under Mary Tudor, and revived under Elizabeth, in 1558. Following the Gunpowder Plot, James the First, in 1605, had enacted an Oath of Allegiance, also, which all British subjects were required to take. This Oath of "submission and obedience to the King as a temporal Sovereign, independent of any other power upon earth" contained no acknowledgment of the King as the head of the Church, and, by this omission, Roman Catholics could take it without denying the supremacy of the Pope in spiritual affairs:

TENOR OF THE OATH OF ALLEGIANCE, &C. TO BE TAKEN AND SUBSCRIBED BY RECUSANTS

I. A.B. doe truely and sincerely acknowledge pfesse testifie and declare in my Conscience before God and the Worlde, That our Soveraigne Lorde Kinge James is lawfull and rightfull King of this Realme and of all other his Majesties Dominions and Countries; And that the Pope, neither of himselfe nor by any Authority of the Churche or Sea of Rome, or by any other meanes with any other, hath any Power or Authoritye to depose the King or to dispose any of his Majesties Kingdomes or Dominions, or to authorize any Forraigne Prince to invade or annoy hym or his Countries, or to discharge any of his Subjects of their Allegiaunce and Obedience to his Majestie, or to give Licence or Leave to any of them to beare Armes raise Tumult or to offer any violence or hurte to his Majestie Royall Pson State or Government or to any of his Majesties Subjects within his Majesties Dominions. Also I doe sweare from my heart, that notwithstanding any Declaracon or Sentence of Excommunicacon or Deprivacon made or graunted or to be made or graunted by the Pope or his Successors, or by any Authoritie derived or ptended to be derived from hym or his Sea against the saide King his Heires or Successors, or any Absolution of the saide Subjects from theire Obedience; I will beare Faithe and true Allegiaunce to his Majestie his Heires and Successors, and hym or them will defend to the uttermost of my power against all Conspiracies and Attempts whatsoever which shalbe made against his or theire persons theire Crowne and Dignitie by reason or colour of any such Sentence or Declaracon or otherwise, and will doe my best endevour to disclose and make knowen unto his Majestie his Heires and Successors all Treasons and traiterous Conspiracies which I shall knowe or heare of to be against hym or any of them. And I doe further sweare, That I doe from my heart abhor, detest and abjure as impious and hereticall this damnable Doctrine and Position, that Princes which be excomunicated or deprived by the Pope may be deposed or murthered by theire Subjects or any other whosoever. And I doe beleeve and in my Conscience am resolved, that neither the Pope nor any pson whatsoever hath power to absolve me of this Oath or any parte therof, which I acknowledge by good and full Authoritye to be lawfully ministered unto mee, and doe renounce all Pardons and Dispensacons to the contrarie; And all these things I do plainly and sincerely acknowledge and sweare, according to these expresse wordes by me spoken, and according to the playne and cōmon sense and understanding of the same wordes, without any equivocačon

or mentall evasion or secret reservačon whatsoever; And I doe make this recognicon and acknowledgment heartily willingly and truly upon the true Faithe of a Christian: So help me God. Unto which Oath so taken, the saide pson shall subscribe his or her Name or Marke. [1605.]

Both of these Oaths were commanded during the reign of Charles the First, 1625-1649.

By the third Charter of the Virginia Company, their Treasurer, or any two of the Council, were empowered to adminster the Oaths of Supremacy, and of Allegiance, to all persons going to their Colony. And the Pilgrims, through their chief men, agreed with the Virginia Company: "The Oath of Supremacy we shall willingly take, if it be required of us, if that convenient satisfaction be not given by our taking the Oath of Allegiance. John Robinson. William Brewster."

The Charter of the Massachusetts-Bay Company gave them broader powers in that it did not exact this provision from them but gave the Company liberty to admit new members, called "Freemen" of the Company, and no method, conditions, or qualifications were presented for conferring this privilege. Their leaders, as we shall see, were quick to take advantage of the opportunity given them to frame their own Oaths of citizenship. Too late the government in England, or rather that part which was representative of the Church of England, realized the powers of colonization this gave the dissenting churchmen; and, in 1637, a Proclamation was issued, aimed principally to prevent the emigration of Puritan Ministers, which commanded that none should be suffered to go to New England "without a certificate that they had taken the Oaths of Supremacy and Allegiance, and had conformed to the discipline of the Church of England. In 1638, another Proclamation "commanded owners and masters of vessels that they do not fit out any with passengers and provisions to New-England, without license from the Commissioners of Plantations."