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Topic: Oath of Supremacy

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	Legal Definition of Oath
		OATH - A declaration made according to law, before a competent tribunal or officer, to tell the truth; or it is the act of one who, when lawfully required to tell the truth, takes God to witness that what he says is true.
		Oath in litem, in the civil law, is an oath which was deferred to the complainant as to the value of the thing in dispute on failure of other proof, particularly when there was a fraud on the part of the defendant, and be suppressed proof in his possession.
		A suppletory oath in the civil and ecclesiastical law, is an oath required by the judge from either party in a cause, upon half proof already made, which being joined to half proof, supplies the evidence required to enable the judge to pass upon the subject.
	www.lectlaw.com /def2/o027.htm (1052 words)

	Supreme Law Library : References : Bouvier's Law Dictionary : bldo1
		Oaths are also divided into various kinds with reference to the purpose for which they are applied; as oath of allegiance, oath of calumny, oath ad litem, decisory oath, oath of supremacy, and the like.
		It is an oath which a plaintiff was obliged to take that he was not actuated by a spirit of chicanery in commencing his action, but that he had bona fide a good cause of action.
		The plaintiff may defer the oath to the defendant, whenever he conceives he has not sufficient proof of the fact which is the foundation of his claim; and in like manner, the defendant may defer it to the plaintiff when he has not sufficient proof of his defence.
	www.supremelaw.org /ref/dict/bldo1.htm (13104 words)

	Oath / Bouvier's 1856 Law Dictionary Word Study - The Lawful Path
		The commencement of an oath is made by the party taking hold of the book, after being required by the officer to do so, and ends generally with the words,"so help you God," and kissing the book, when the form used is that of swearing on the Evangelists.
		Custom-house oaths and others required by law, not in judicial proceedings, nor from officers entering into office, may be classed among the assertory oaths, when the party merely asserts the fact to be true.
		Extra-judicial oaths are those taken without authority of law, which, though binding in foro conscientiae, do not render the persons who take them liable to the punishment of perjury, when false.
	www.land.netonecom.net /tlp/ref/bouvier/oath-.shtml (1303 words)

	CATHOLIC ENCYCLOPEDIA: English Post-Reformation Oaths
		Hereupon minimizers began to maintain that the words of the oath might be interpreted by the intention of the law-giver, that the oath might therefore be taken.
		When the Puritan party had gained the upper hand during the civil wars, the exaction of the Oaths of Supremacy and Allegiance fell into desuetude, and they were repealed by the Act of February, 1650, and their place taken by an "engagement of allegiance" to the Commonwealth.
		Of the Oaths of Supremacy and Allegiance we hear less in this reign, but the Test was the subject of constant discussion, for its form and scope had been expressly intended to hamper a reform such as James was instituting.
	www.newadvent.org /cathen/11177a.htm (4147 words)

	Review of Oaths and Affirmations: Ministry of Justice
		An oath may require someone to acknowledge who they are required to serve or give loyalty to and to make promises about how they will behave and conduct themselves in performing their duties.
		A declaration against certain religious beliefs or practices and an oath of supremacy (confirming the English King or Queen as the head of the Church of England) were also sometimes required.
		The Oaths and Declarations Act was recently amended to enable oaths in the Act to be taken in Mäori alone[10].
	www.justice.govt.nz /pubs/reports/2004/oaths-review/part_a.htm (1985 words)

	Lalor, Cyclopaedia of Political Science, V.3, Entry 2, OATH OF ALLEGIANCE: Library of Economics and Liberty
		An oath of fealty is stated in our law books of the thirteenth century to be required from every one attending the sheriff's tourn, and Coke speaks of it in Calvin's case, as if it had been still in use in his time.
		There appears no reason why this oath of fealty should not in theory still be due from every subject at common law, though it would be doubtful who had authority to administer it, and what would be the legal consequence, if any, of a refusal to take it.
		This oath contains an explicit denial of the pope's authority to depose the king or discharge subjects of their allegiance, a promise to bear allegiance to the crown notwithstanding any papal sentence of excommunication or deprivation, and a disclaimer of all equivocation or mental evasion or reservation.
	www.econlib.org /library/YPDBooks/Lalor/llCy772.html (3324 words)

	Penal Laws
		The chief effect of this latter act was to cause the oath to be offered to all persons over eighteen, and to empower the committal to prison of any recusant married woman, unless her husband paid 10 pounds a month for her liberty.
		Three years later they were allowed to substitute an Oath of Allegiance for the Oath of Supremacy; and in 1778 Gardiner's Act allowed them to take leases of land for 999 years, and also allowed Catholic landlords to leave their estates to one son, instead of having, as hitherto, to divide between all.
		Lord Baltimore, refusing as a Catholic to acknowledge the ecclesiastical supremacy of the king, in 1628 was denied temporary residence in the colony.
	www.catholicity.com /encyclopedia/l/laws,penal.html (6001 words)

	NationMaster - Encyclopedia: Act of Supremacy 1559 (Site not responding. Last check: 2007-11-04)
		The Oath was later extended to include Members of Parliament and people studying at universities.
		The Act of Supremacy must be seen as part of a broader policy, though, one aimed at increasing the power of the English monarch and decreasing the influence of Rome.
		Not surprisingly, Henry VIII's Act of Supremacy was repealed (1554) in the reign of his staunchly Catholic daughter, Mary I. Equally unsurprisingly, it was reinstated by Mary's Protestant sister, Elizabeth I, when she ascended the throne.
	www.nationmaster.com /encyclopedia/Act-of-Supremacy-1559 (939 words)

	Oath of Supremacy.
		In 1534, Parliament passed the Act of Supremacy, a statute recognizing King Henry VIII as supreme head of the church in England.
		Henry VIII formally accepted the title the following year, and the nobility were required to swear the Oath of Supremacy, recognizing the King as head of the church.
		Catholics, most famously Sir Thomas More, who still held the Pope as the supreme head of the church, refused to swear this oath, and were indicted for treason on charges of praemunire.
	www.luminarium.org /encyclopedia/supremacy.htm (194 words)

	info: Oath_of_Supremacy (Site not responding. Last check: 2007-11-04)
		Untitled DocumentOATH OF SUPREMACY I, A. B., do utterly testify and declare in my conscience, that the Queen's highness is the only supreme governor of this realm, and of all other her Highness dominions and...
		TemplateOATH OF SUPREMACY I, A. B., do utterly testify and declare in my conscience, that the Queen's highness is the only supreme governor of this realm, and of all other her Highness dominions and...
		Elizabeth declared herself Supreme Governor of the Church of England, and instituted an Oath of Supremacy...
	www.napoli-pizza.net /Oath_of_Supremacy.html (402 words)

	supremacy - definition by dict.die.net (Site not responding. Last check: 2007-11-04)
		See Supreme.] The state of being supreme, or in the highest station of power; highest or supreme authority or power; as, the supremacy of a king or a parliament.
		The usurped power of the pope being destroyed, the crown was restored to its supremacy over spiritual men and causes.
		Oath supremacy, an oath which acknowledges the supremacy of the sovereign in spiritual affairs, and renounced or abjures the supremacy of the pope in ecclesiastical or temporal affairs.
	dict.die.net /supremacy (92 words)

	tScholars.com \| Oath of Supremacy (Site not responding. Last check: 2007-11-04)
		The Oath of Supremacy, imposed by the Act of Supremacy 1559, provided for any person taking public or church office in England to swear allegiance to the monarch as Supreme Governor of the Church of England.
		Roman Catholics who refused to take the Oath of Supremacy, most notably Sir Thomas More, were indicted for treason on charges of praemunire.
		The Oath was originally imposed by King Henry VIII through the Act of Supremacy 1534.
	www.tscholars.com /encyclopedia/Oath_of_Supremacy (196 words)

	Free Exercise of Religion: Acknowledgment of God and Religious Tests
		An oath is not a naked affirmation or promise.
		The general sense of an oath or affirmation is that the Deity is invoked, his blessing is sought, and his vengeance is warranted if the deponent (or affiant) should fail to fulfill his or her obligations.
		An oath "ought to have this sense: that the Deity is invoked." If an oath is intended to be secured by an appeal to God as a mechanism to ensure the faithful discharge of the office, an official that refuses to acknowledge God's existence cannot be said to have complied with that means.
	www.lonang.com /conlaw/7/c71d.htm (5073 words)

	OATH (0. Eng. ddh) - Online Information article about OATH (0. Eng. ddh)
		An important class of Roman oaths invokes the deity to favour or preserve the swearer in so far as he shall fulfil his promise —" as the gods may preserve me," " as I wish the gods to be propitious to me " (me ita di servent; ita deos mihi velim propitios).
		LOUIS, or LEWIS (from the Frankish Chlodowich, Chlodwig, Latinized as Chlodowius, Lodhuwicus, Lodhuvicus, whence-in the Strassburg oath of 842-0.
		The oath of supremacy in the reign of William III.
	encyclopedia.jrank.org /NUM_ORC/OATH_0_Eng_ddh_.html (5778 words)

	Act of Supremacy (Site not responding. Last check: 2007-11-04)
		The Act of Supremacy caused any act of allegiance to the Pope (or any other non-Episcopalian religion, for that matter) to be considered treason ous.
		The second Act of Supremacy (1559) was the reinstatement of the original Act of Supremacy (1534).
		However, Elizabeth, who was a politique, did not prosecute nonconformists, or those who did not follow the Church of England, unless their worship undermined the authority of the English monarch.
	www.serebella.com /encyclopedia/article-Act_of_Supremacy.html (276 words)

	TORCASO v. WATKINS, 367 U.S. 488 (1961)
		Indeed, it was largely to escape religious test oaths and declarations that a great many of the early colonists left Europe and came here hoping to worship in their own way.
		The effect of all this was the formal or practical "establishment" of particular religious faiths in most of the Colonies, with consequent burdens imposed on the free exercise of the faiths of nonfavored believers.
		The judgment of the Court of Appeals of Maryland is accordingly reversed and the cause is remanded for further proceedings not inconsistent with this opinion.
	members.aol.com /TestOath/Torcaso.htm (4222 words)

	THE CONTENTS.
		The oath of supremacy tendered to bishop Boner; with the process thereupon.
		Upon the act aforementioned, empowering the bishops to tender the oath of supremacy to the ecclesiastics under their jurisdiction, Horn, bishop of Winton, intended to tender it to Boner, late bishop of London, now lying in the Marshal sea in Southwark, a place within his diocese.
		But Boner refused both the oath as unlawful, and the bishop himself, as not having power to administer it to him, being none of his diocesan, and indeed no diocesan at all, that is, no lawful bishop.
	www.godrules.net /library/strype/96strype_b1.htm (8256 words)

	New Catholic Dictionary: penal laws (Site not responding. Last check: 2007-11-04)
		Under Elizabeth the Acts of Supremacy and Uniformity (1559) were both, in effect, penal statutes, for they punished Catholics who refused to take the Oath of Supremacy or to attend the services of the Established Church.
		The Irish Parliament, passed the Acts of Supremacy and Uniformity in 1559, the former prescribing the Oath of Supremacy for all officers under penalty of dismissal, and the latter prohibiting the Mass and imposing fines for non-attendance at Protestant services.
		An unobjectionable Oath of Allegiance was substituted for the Oath of Supremacy, 1774.
	www.catholic-forum.com /saintS/ncd06402.htm (1114 words)

	Untitled Document
		Ch 1, but the oaths appointed to be taken by this present act shall be taken by those persons who were required by the said act, or any other statute made in Ireland, to take the abrogated oath.
		All prior acts, to the extent that they required the oath of supremacy, are repealed..
		At which assizes or gaol-delivery, the oath shall be tendered, and if he refuse to take the oath, he shall incur the penalty of praemunire, except women covert, who shall be committed to the common gaol until they take the oath
	www.law.umn.edu /irishlaw/oaths.html (602 words)

	CATHOLIC ENCYCLOPEDIA: Bl. Humphrey Middlemore
		In 1534 the question of Henry VIII's marriage with Anne Boleyn arose to trouble conscientious Catholics, as the king was determined that the more prominent of his subjects should expressly acknowledge the validity of the marriage, and the right of succession of any issue therefrom.
		In the following year Father John was executed for refusing to take the new oath of supremacy, and Father Humphrey became vicar of the Charterhouse.
		Meanwhile, Thomas Bedyll, one of the royal commissioners, had again visited the Charterhouse, and endeavoured, both by conversation and writing, to shake the faith of Father Humphrey and his community in the papal supremacy.
	www.newadvent.org /cathen/07544a.htm (394 words)

	THE ACT OF SUPREMACY 1559
		Henry's Act of Supremacy was repealed (1554) in the reign of his staunchly Catholic daughter, Mary I.
		Elizabeth declared herself Supreme Governor of the Church of England, and instituted an Oath of Supremacy, requiring anyone taking public or church office to swear allegiance to the monarch as head of the Church and state.
		There were three levels of penalties for refusal to take the Oath of Supremacy.
	www.tudorplace.com.ar /Documents/act_of_supremacy2.htm (286 words)

	Maurice Chauncy (Site not responding. Last check: 2007-11-04)
		In 1535 the majority of the Carthusians refused to take the oath of supremacy, but Chauncy, on his own confession, consented to take it.
		After the surrender of the monastery in 1537, Chauncy with a few others joined the Carthusians of Sheen who had settled in Bruges.
		In his history of the Carthusians he frequently laments his weakness in taking the oath of supremacy.
	www.catholicity.com /encyclopedia/c/chauncy,maurice.html (306 words)

	Untitled Document
		Provided nevertheless, if such person practises his calling before he takes the oath to be faithful and bear true allegiance to their Majesties and records the same, he shall forfeit 500 pounds to the informer and be judged incapable of ever exercising said profession.
		Any person whatsoever may demand that said oaths be tendered to a suspected popish solicitor etc, and upon refusal, and proof by two witnesses that said solicitor etc. has acted as such, such papist shall be convict and forfeit to the person demanding the oaths the sum of 200 pounds.
		Every person to be appointed high or petty constable shall first take the oath of abjuration and other oaths and declaration required by 2 Ann c.
	www.law.umn.edu /irishlaw/offices.html (1689 words)

	THE PLANTATION Of ULSTER (1605-1625)
		But they found their mistake when king James, in 1605, caused the two penal Acts of supremacy and uniformity to be revived.
		By the Act of supremacy no Catholic, without taking the oath of supremacy, could hold any office under government, could practise as a lawyer, act as a magistrate, be appointed judge, or take possession of an estate to be held from the king.
		The 1,000 acre lots might be taken by English, Scotch, or Irish planters, who might be either Protestants or Catholics, and the Catholics were not required to take tlie oath of supremacy.
	www.travelinireland.com /ireland_history/ireland_history5_the_plantation_of_ulster_1605_1625.htm (367 words)

	The Battle for the Faith in Ireland
		The King was declared supreme head of the Church in Ireland by the Act of Supremacy (1536, 1537, 1541), the Oath of Supremacy being required of all officials of Church and State.
		In 1560 the Parliament at Dublin passed the Acts of Uniformity and Supremacy and other enactments already in force in England since 1558 for the restoration of Protestantism: the same penalties for defaulters were assigned as in England- fines, confiscation of property, imprisonment and even death.
		These laws began to be enforced with the utmost rigour after the excommunication of Elizabeth by Pope Pius V in 1569: henceforth the whole machinery of the state was set in motion to destroy the Catholic faith and make Protestantism- in act as well as in legal theory- the religion of the Irish nation.
	www.angelfire.com /ms/seanie/history/ireland.html (2180 words)

	The Change in Religion (Site not responding. Last check: 2007-11-04)
		Even Justices of the Peace and bailiffs refused the Oath of Supremacy in Cork, and where the bishop of that diocese had been accustomed to preach to a thousand or more he had now not five.
		Yet there were a considerable number of severe punishments inflicted, and fines and often long imprisonments were the reward of those who refused to take the Oath of Supremacy— a refusal which could easily be construed as an act of disloyalty and was punishable as treason.
		No Irish Catholic could plead in court, nor was he eligible for any civil employment, nor might a merchant share in the privileges of his town without taking the Oath of Supremacy, going to church, and promising to bring up his children as Protestants; hence all official employments passed into the hands of English Protestants.
	www.libraryireland.com /HullHistory/ChangeReligion2.php (1535 words)

	The Church in Ireland During the Reign of the Stuarts (1604-1689) @ ELCore.Net (Site not responding. Last check: 2007-11-04)
		In response to the advice from Ireland that judges who refused to attend church and to take the oath should be dismissed, and that “recusant” lawyers should be debarred from practising in the courts, James instructed the council to induce John Everard, a Justice of the Common Pleas, to resign or conform.
		All Catholic noblemen succeeding to property were obliged to take the oath of supremacy, though apparently they could procure exemption from this test by the payment of a fine, but the Court of Wards took care that minors should be entrusted to Protestant guardians, and should be sent if possible to Trinity College.
		According to this oath the members had pledged themselves to be content with nothing less than the free and public exercise of their religion, while Ormond left nearly everything to the good-will of the king, from whom nothing could be expected considering the state of affairs in England.
	catholicity.elcore.net /MacCaffrey/HCCRFR2_Chapter10.html (13610 words)

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