Oath of Allegiance

Introduction to Oath of Allegiance

Oath of Allegiance in 1889

The following information about Oath of Allegiance is from the Cyclopaedia of Political Science, Political Economy, and the Political History of the United States by the Best American and European Writers.

“There is, I conceive, nothing in law to prevent the crown, by and with the consent of the estates of the realm, in the ordinary form of an act of parliament, and with the advice of responsible ministers, from repealing or amending the act of settlement. In the event of its appearing likely that there should be a failure of the persons thereby defined as capable of succession, amendment would become necessary; for example, if they should not be or should cease to be Protestants.

It is remarkable that in the assize of Northampton (1176) the justices are directed to take the oath of fealty even from “rustics”: “Item justitiœ capiant domini regis fidelitates * * ab omnibus, scilicet comitibus, baronibus, militibus et libere tenentibus, et etiam rusticis, qui in regno manere voluerint.” Does this include men who were not free? In the earliest forms of the oath of fealty to the king, both in England and elsewhere, the promise was to be “fidelis sicut homo debet esse domino suo.” Allen (“Royal Prerogative,” pp 68-71) thinks this was a limitation of the subject’s obedience, or reservation of his right to throw off allegiance if the king falled in his duties, and this is probable. But the words would likewise operate in the king’s interest by adding the stricter personal bond of homage to the more general obligation of fealty.

Strictly there is not any oath of homage distinct from the oath of fealty. The oath was always an oath of fealty, and the duty of homage, where it was present, carried with it the duty of swearing fealty to the lord. On the other hand, there might be, and often was, fealty without homage. (Allen, p. 62. Cp. Hargrave’s and Butler’s Notes on Co. Litt., 68a.) Homage was the privilege of the freeholder, being “the most honourable service, and most humble service of reverence, that a franktenant may do to his lord.” (Litt., s. 85.) As to the common-law duty, cp. Selden. “Table Talk,” s. v. “Fathers and Sons,” “Every one at twelve years of age is to take the oath of allegiance in court-leets [sic] whereby he swears obedience to the king.”

Oath

An Oath is a sworn affirmation, usually based upon religious principles and often used in legal matters.