Promissory Oaths Act 1868
Promissory Oaths Act, 1868
(31 & 32 Vict.) C A P. LXXII.
An Act to amend the Law relating to Promissory Oaths.
[31st July 1868]
W HEREAS it is expedient to amend the Law relating to Promissory Oaths:
Be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows:
1 Short Title.
1. This Act may be cited for all Purposes as the ‘Promissory Oaths Act, 1868.’
PART 1.
Oaths to be continued.
Oath of Allegiance. Official and Judicial Oaths.
2 Form of Oath of Allegiance.
2. The Oath in this Act referred to as the Oath of Allegiance shall be in the Form following; that is to say,
'I do swear that I will be faithful and bear true Allegiance to Her Majesty Queen Victoria, Her Heirs and Successors, according to Law. So help me GOD.'
3 Form of Official Oath.
3. The Oath in this Act referred to as the Official Oath shall be in the Form following; that is to say,
'I do swear that I will well and truly serve Her Majesty Queen Victoria in the Office of .
So help me GOD.'
4 Form of Judicial Oath.
4. The Oath in this Act referred to as the Judicial Oath shall be in the Form following; that is to say,
'I do swear that I will well and truly serve our Sovereign Lady Queen Victoria in the Office of , and I will do Right to all Manner of People after the Laws and Usages of this Realm, without Fear or Favour, Affection or Illwill. So help me GOD.'
5 Persons to take the Oath of Allegiance and Official Oath.
5. The Oath of Allegiance and Official Oath shall be tendered to and taken by each of the Officers named in the First Part of the Schedule annexed hereto as soon as may be after his Acceptance of Office by the Officer, and in the Manner in that Behalf mentioned in the said First Part of the said Schedule.
6 Persons to take the Oath of Allegiance and Judicial Oath.
6. The oath of Allegiance and Judicial Oath shall be taken by each of the Officers named in the Second Part of the said Schedule hereto as soon as may be after his Acceptance of Office, and such Oaths shall be tendered and taken in manner in which the Oaths required to be taken by such Officer previously to the passing of this Act on entering his Office would have been tendered and taken.
7 Penalty on not taking required Oath.
7. If any Officer specified in the Schedule hereto declines or neglects, when any Oath required to be taken by him under this Act is duly tendered, to take such Oath, he shall, if he has already entered on his Office, vacate the same, and if he has not entered on the same be disqualified from entering on the same; but no Person shall be compelled, in respect of the same Appointment to the same Office, to take such Oath or make such Affirmation more Times than One.
8 Form of Oath of Allegiance in this Act substituted for Form in certain other Acts.
8. The Form of the Oath of Allegiance provided by this Act shall be deemed to be substituted in the Case of the Clerical Subscription Act, 1865, for the Form of the Oath of Allegiance and Supremacy therein referred to; in the Case of the Parliamentary Oaths Act, 1866, for the Form of the Oath thereby prescribed to be taken and subscribed by Members of Parliament on taking their Seats; and in the Case of the Office and Oaths Act, 1867, for the Form of the Oaths of Allegiance, Supremacy, and Abjuration therein referred to; and all the Provisions of the said Acts shall apply to the oath substituted by this Section in the same Manner as if that Form of Oath were actually inserted in each of the said Acts in the Place of the Oath for which it is substituted.
9 Prohibition of Oath of Allegiance except in accordance with Act.
9. No Person shall be required or authorized to take the Oaths of Allegiance, Supremacy, and Abjuration, or any of such Oaths, or any Oath substituted for such Oaths, or any of them, or to make any Declaration to the like Effect of such Oaths, or any of them, except the Persons required to take the Oath of Allegiance by this Act and the Clerical Subscription Act, 1865, and the Parliamentary Oaths Act, 1866, or One of such Acts, any Act of Parliament, Charter, or Custom to the contrary notwithstanding; and no Person shall be required or authorized to take the Oath of Assurance inScotland .
Miscellaneous Provisions as to Oaths.
10 The Name of the Sovereign for the Time being to be used in the Oath.
10. Where in any Oath under this Act the Name of Her present Majesty is expressed, the Name of the Sovereign of this Kingdom for the Time being shall be substituted from Time to Time.
11 Provision in favour of Persons permitted to make Affirmations.
11. When an Oath is required to be taken under this Act, every Person for the Time being by Law permitted to make a solemn Affirmation or Declaration instead of taking an Oath may, instead of taking such Oath, make a solemn Affirmation in the Form of the Oath hereby appointed, substituting the Words ‘solemnly, sincerely, and truly declare and affirm’ for the Word ‘swear,’ and omitting the Words ‘So help me God.’
PART 2.
Oaths to be abolished.
Substitution of Declaration for Oaths.
12 Regulations as to Substitution of Declarations for Oaths.
12. The following Regulations shall be enacted with respect to the Substitution of Declarations for Oaths; (that is to say,)
(1) 1. Where before the passing of this Act an Oath was required to be taken by any Person on or as a Condition of accepting any Employment or Office in Her Majesty's Honourable Band of Gentlemen at Arms or Body Guard of Yeomen of the Guard, or in any other Department of Her Majesty's Household, in such Case a Declaration of Fidelity in Office shall be substituted with the Addition (in Cases where it seems meet to Her Majesty by Order in Council to make such Addition) of a Declaration of Secrecy to be observed by the Declarant with respect to Matters coming within his Cognizance by reason of his Employment or Office:
(2) 2. Where before the passing of this Act an Oath was required to be taken by any Person on or as a Condition of accepting any Office in or under a Municipal Corporation, or on or as a Condition of Admission to Membership in or Participation in the Privileges of any Municipal Corporation, there shall be substituted for such Oath, in the Case of an Office, a Declaration that the Declarant will faithfully perform the Duties of his Office; and in the Case of Admission to Membership or Participation in the Privileges of a Municipal Corporation, a Declaration that the Declarant will faithfully demean himself as a Member of or Participator in the Privileges of such Corporation:
(3) 3. Where before the passing of this Act an Oath was required to be taken on or as a Condition of Admission to Membership or Fellowship or Participation in the Privileges of any Guild, Body Corporate, Society, or Company, a Declaration to the like Effect of such Oath shall be substituted; provided that if any Two or more of the Members of such Guild, Body Corporate, Society, or Company, with the Concurrence of the Majority of the Members present and voting at a Meeting specially summoned for the Purpose, object to any Statement contained in such Declaration on the ground of its relating to Duties which by reason of Change of Circumstances have become obsolete, they may appeal to One of Her Majesty's Principal Secretaries of State to omit such Statement, and the Decision of such Secretary of State shall be final:
(4) 4. Where in any Case not otherwise provided for by this Act or included within the Saving Clauses thereof an Oath is required to be taken by any Person on or as a Condition of his...
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