Oath of Allegiance (United Kingdom): Difference between revisions

The Oath of Allegiance or Official Oath set out in the Promissory Oaths Act 1868 is required to be taken by various office-holders in the following form:

"I, NAME, do swear that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth, her heirs and successors, according to law. So help me God."

The Oath of Allegiance or Official Oath is made by each of the following office-holders as soon as may be after his acceptance of office:

• First Lord of the Treasury
• Chancellor of the Exchequer
• Lord Chancellor
• Lord President of the Council
• Lord Privy Seal
• Secretaries of State
• President of the Board of Trade
• Lord Steward
• Lord Chamberlain
• Earl Marshal
• Master of the Horse
• Chancellor of the Duchy of Lancaster
• Paymaster General
• Keeper of the Great Seal of Scotland (since 1999 this post is held, ex officio, by the First Minister of Scotland)
• Keeper of the Privy Seal of Scotland
• Lord Clerk Register
• Advocate General for Scotland
• Lord Justice Clerk
• First Minister of Wales (since the Government of Wales Act 2006 came into force in May 2007)

The Oath in England is tendered by the Clerk of the Council, and taken in the presence of Her Majesty in Council, or otherwise as Her Majesty shall direct, and in Scotland is tendered by the Lord President of the Court of Session at a sitting of the Court.

I A. B. doe truely and sincercly acknowledge, professe, testifie and declare in my conscience before God and the world, That our Soveraigne Lord King CHARLES, is lawfull King of this Realme, and of all other His Majesties Dominions and Countreyes: And that the Pope neither of himselfe, nor by any Authority of the Church or Sea of Rome, or by an other meanes with any other, hath any power or Authority to depose the king, or to dispose of any of his Majesties Kingdomes or Dominions, or to Authorize any Forraigne Prince, to invade or annoy Him or His Countreyes, or to discharge any of his Subjects of their Allegiance and Obedience to His Majestie, or to give Licence or leave to any of them to beare Armes, raise Tumults, or to offer any violence or hurt to His Majesties Royall person, State or Government, or to any of His Majesties Subjests within His Majesties Dominions. Also I doe sweare from my heart, that, notwithstanding any Declaration or Sentence of Excommunication or Deprivation made or granted, or to be made or granted, by the Pope or his Successors, or by any Authority derived, or pretended to be derived from him or his Sea, against the said King, His Heires or Successors, or any Absolution of the said Subjects from their Obedience; I will bear faith and true allegiance to His Majestie, His Heires and Successors, and Him and Them will defend to the uttermost of my power, against all Conspiracies and Attempts whatoever, which shall be made against His or their Persons, their Crowne and Dignitie, by reason or colour of any such Sentence, or Declaration or otherwise, and will doe my best endevour to disclose and make known unto his Majesty, His Heires and Successors, all Treasons and Traitorous Conspiracies which I shall know or heare of to be against Him, or any of them. And l do further sweare, That I do from my heart abhor, detest and abjure as impious and Hereticall this damnable Doctrine and Position, That Princes which be Excommunicated or deprived by the Pope, may be Deposed or Murthered by their Subjects, or any other whatsoever. And I doe beleeve, and in conscience am resolved, that neither the Pope, nor any person whatsoever hath power to absolve me of this Oath, or any part thereof; which I acknowledge by good and full Authority to bee lawfully ministered unto me, and do renounce all Pardons and Dispensations to the contrary. And all these things I doe plainely and sincerely acknowledge and sweare, according to these expresse words by me spoken, and according to the plaine and common sence and understanding of the same words, without any Equivocation, or mentall evasion or secret reservasion whatsoever. And I doe make this Recognition and acknowledgement heartily, willingly, and truely, upon the true Faith of a Christian. So helpe me GOD. ^[1]

On appointment a new Privy Counsellor takes the oath of allegiance, or affirms loyalty:

"You do swear by Almighty God to be a true and faithful Servant unto The Queen's Majesty as one of Her Majesty's Privy Council. You will not know or understand of any manner of thing to be attempted, done or spoken against Her Majesty's Person, Honour, Crown or Dignity Royal, but you will let and withstand the same to the uttermost of your power, and either cause it to be revealed to Her Majesty Herself, or to such of Her Privy Council as shall advertise Her Majesty of the same. You will in all things to be moved, treated and debated in Conscience; and will keep secret all matters committed and revealed unto you, or that shall be treated of secretly in Council. And if any of the said Treaties or Counsels shall touch any of the Counsellors you will not reveal it unto him but will keep the same until such time as, by the consent of Her Majesty or of the Council, Publication shall be made thereof. You will to your uttermost bear Faith and Allegiance to the Queen's Majesty; and will assist and defend all civil and temporal Jurisdictions, Pre-eminences, and Authorities, granted to Her Majesty and annexed to the Crown by Acts of Parliament, or otherwise, against all Foreign Princes, Persons, Prelates, States, or Potentates. And generally in all things you will do as a faithful and true Servant ought to do to Her Majesty. So help you God."

Under the Parliamentary Oaths Act 1866, members of both Houses of Parliament are required to take an Oath of Allegiance upon taking their seat in Parliament.^[2][3]

The usual wording of the oath is:

I ..... swear by Almighty God that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth, her heirs and successors, according to law. So help me God.

Members who object to swearing the oath are permitted to make a solemn affirmation under the terms of the Oaths Act, 1888:

I ..... do solemnly, sincerely and truly declare and affirm that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth, her heirs and successors, according to law.

The oath or affirmation must be taken in English although the Speaker has allowed Members to recite Welsh, Gaelic and Cornish forms in addition.

When the oath is taken, the new member holds a copy of the New Testament or, if Jewish, the Tanakh. Muslims or Sikhs would be sworn in the usual manner except a Qur'an (in an envelope, to avoid it being touched by one not of the faith), or Guru Granth Sahib respectively would be substituted for the Bible. Mohammad Sarwar, a Muslim, took the oath in this way in May 1997.

Religious restrictions in the oath effectively barred individuals of certain faiths (e.g. Roman Catholics, Jews and Quakers) from entering Parliament for many years. The restrictions were lifted by the Oaths Act 1888 after the six-year effort (1880–1886) of the noted atheist Charles Bradlaugh to claim his seat.

Section 84 of the Scotland Act 1998 requires Members of the Scottish Parliament to take the Oath of Allegiance at a meeting of the Parliament. Members of the Scottish Government and junior Scottish Ministers are additionally required to take the Official Oath.

Section 20 of the Government of Wales Act 1998 requires members of the National Assembly for Wales to take the oath of allegiance. A Welsh form of the Oath is prescribed by the National Assembly for Wales (Oath of Allegiance in Welsh) Order 1999[1]:

Yr wyf i, yn addo trwy gymorth y Goruchaf y byddaf yn ffyddlon ac yn wir deyrngar i'w Mawrhydi y Frenhines Elizabeth, ei hetifeddion a'i holynwyr, yn ôl y gyfraith, yn wyneb Duw.

The corresponding affirmation is:

Yr wyf i, yn datgan ac yn cadarnhau yn ddifrifol, yn ddiffuant ac yn ddidwyll y byddaf yn ffyddlon ac yn wir deyrngar i'w Mawrhydi y Frenhines Elizabeth, ei hetifeddion a'i holynwyr, yn ôl y gyfraith.

Today, members of Sinn Féin elected to represent constituencies in Northern Ireland refuse to take the oath, and are therefore unable to take their seats in Parliament, due to their refusal to swear allegiance to the Queen. As a result, Sinn Féin MPs, who refuse to take the oath, are denied their salaries, worth around £1.5 million over the five years to 2009, but can claim staff costs and additional accommodation allowances.^[4] It is unknown whether Sinn Féin MPs would take their seats if a new Oath without any mention of the Monarch or the Crown were to be drafted, as abstentionism has taken a unique philosophical direction^{[citation needed]} in the decades since Nationalist MPs began to practice it. However, since the coming into force of the power-sharing arrangements agreed in the Good Friday Agreement of 1997, there is no longer any requirement for members of the Northern Ireland Assembly to take any Oath of Allegiance nor any other Oath nor is there even any form of voluntary Oath prescribed for those who may wish to swear one. But they are only required to sign the Assembly's roll of membership, designate their identity; Nationalist, Unionist or Other, and take a Pledge of Office. Ministers can be removed from office if the responsibilities of the pledge are not met.^[5]

Northern Ireland Assembly Pledge of Office. ^[6]

(a) to discharge in good faith all the duties of office; (b) commitment to non-violence and exclusively peaceful and democratic means; (c) to serve all the people of Northern Ireland equally, and to act in accordance with the general obligations on government to promote equality and prevent discrimination; (ca) to promote the interests of the whole community represented in the Northern Ireland Assembly towards the goal of a shared future; (cb) to participate fully in the Executive Committee, the North-South Ministerial Council and the British-Irish Council; (cc) to observe the joint nature of the offices of First Minister and deputy First Minister; (cd) to uphold the rule of law based as it is on the fundamental principles of fairness, impartiality and democratic accountability, including support for policing and the courts; (d) to participate with colleagues in the preparation of a programme for government; (e) to operate within the framework of that programme when agreed within the Executive Committee and endorsed by the Assembly; (f) to support, and to act in accordance with, all decisions of the Executive Committee and Assembly; (g) to comply with the Ministerial Code of Conduct.

With the exception of those elected to the NI Assembly, who do not have to swear any oath of allegiance to the Crown; Those elected to the House of Commons, including those to the Scottish Parliament, and Welsh Assembly, that refuse to take the oath or affirmation, are barred from participating in any parliamentary proceedings, and receiving their salaries.

Judges and magistrates on being sworn in, are required by various statutes to take two oaths: the oath of allegiance and the judicial oath, (collectively; the judicial oath). Judges of Hindu, Jewish, Muslim and Sikh religions can omit the words "I swear by Almighty God" and replace it with an acceptable alternative.

Judges first Oath of Allegiance:

"I... do swear by Almighty God that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, her heirs and successors, according to law. So help me God."

Judges second Judicial Oath:

"I...do swear by Almighty God that I will well and truly serve our Sovereign Lady Queen Elizabeth the Second 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 ill will. So help me God."

Magistrates first Oath of Allegiance:

"I, ... swear that I will well and truly serve our Sovereign Lady Queen Elizabeth the Second, in the office of Justice of the Peace and I will do right to all manner of people after the laws and usages of the Realm without fear or favour, affection or ill will."

Magistrates second Judicial Oath:

"I ...do swear that I will well and faithfully serve in the office of... and that I will do right to all manner of people without fear or favour, affection or ill-will according to the laws and usages of this realm."

England and Wales:

"I . . . . . of . . . . . do solemnly and sincerely declare and affirm that I will well and truly serve the Queen in the office of constable, with fairness, integrity, diligence and impartiality, upholding fundamental human rights and according equal respect to all people; and that I will, to the best of my power, cause the peace to be kept and preserved and prevent all offences against people and property; and that while I continue to hold the said office I will, to the best of my skill and knowledge, discharge all the duties thereof faithfully according to law." ^[7]

Scotland:

"I hereby do solemnly and sincerely and truly declare and affirm that I will faithfully discharge the duties of the office of constable." ^[8]

Northern Ireland:

Northern Ireland police do NOT swear an oath to the monarch.

Until September 2001:

"I...swear by Almighty God that I will well and truly serve our Sovereign Lady the Queen in the office of (rank) without favour of affection, malice or ill-will; that I will to the best of my power cause the peace to be kept and preserved and that I will prevent to the best of my power all offences against the same; and that, while I shall continue to hold the said office, I will faithfully, according to law, to the best of my skill and knowledge, discharge all the duties of the said office and all such duties as may be attached to said office by law and that I do not now belong to and that I will not, while I shall hold the said office, belong to any association, society, or confederacy formed for or engaged in any seditious purpose, or any purpose tending to disturb the public peace, or in any way disloyal to our Sovereign Lady the Queen and that I will not, while I shall hold the said office, engage or take part in the furthering of any such purpose, or take or administer, or assist or be present at or consent to the administering of, any oath or engagement binding myself or any other person to engage in any such purpose."

From September 2001:

"I...hereby do solemnly and sincerely and truly declare and affirm that I will faithfully discharge the duties of the office of constable, and that in so doing I will act with fairness, integrity, diligence and impartiality, uphold fundamental human rights and accord equal respect to all individuals and to their traditions and beliefs."

Any person being ordained as a priest or deacon of the Church of England, or taking up any "perpetual curacy, lectureship, or preachership", is required by the Clerical Subscription Act 1865 to take an Oath of Allegiance and Supremacy. This is now, by the Promissory Oaths Act 1868, the same as the usual Oath of Allegiance.

All persons enlisting in the British Army and the Royal Marines are required by the Army Act 1955 to attest to the following oath or equivalent affirmation:

I ..... swear by Almighty God that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors, and that I will, as in duty bound, honestly and faithfully defend Her Majesty, Her Heirs and Successors, in Person, Crown and Dignity against all enemies, and will observe and obey all orders of Her Majesty, Her Heirs and Successors, and of the generals and officers set over me. So help me God.

The same oath is made by recruits to the Royal Air Force under the Air Force Act 1955, with the substitution of the words "air officers" for "generals".

No oath of allegiance is sworn by members of the Royal Navy, which is not maintained under an Act of Parliament but by the royal prerogative, or by Royal Marines officers, who unlike their Army counterparts are not enlisted before they are commissioned.

The oath of allegiance, with the addition of the words "on becoming a British citizen" (or other type of British national, as appropriate), is also used at citizenship ceremonies, where persons being registered or naturalised in the United Kingdom are required to swear or affirm their allegiance to the Queen, as above, and additionally make a pledge to follow the laws of the country and uphold its democratic values. The applicants are then presented with their certificate of citizenship.

Citizenship Oath of Allegiance:

"I...swear by Almighty God that, on becoming a British citizen, I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law."

Citizenship Pledge

"I will give my loyalty to the United Kingdom and respect its rights and freedoms. I will uphold its democratic values. I will observe its laws faithfully and fulfil my duties and obligations as a British citizen."^[9]

On 1st April 1998, the House of Lords Information Office published a list of 260 Right Honourable peers of the Realm who chose not to pledge their oaths of allegiance. These were therefore not allowed to sit, speak or vote in the Lords. Following the later reform of the House of Lords, these are no longer listed as members of the House of Lords. These were listed as 35 Conservatives; 4 Labour; 2 Liberal Democrats; 46 Cross Benchers; and 173 of undeclared political alliances. By rank, these were listed as 12 Dukes; 16 Marquises; 48 Earls; 32 Viscounts; and 152 Lords, Barons and Bishops. ^[10]

ROYAL: Prince of Wales; Duke of Edinburgh: Duke of York: DUKES: (12) Athol; Beaufort; Bedford; Hamilton and Brandon; Leinster; Manchester; Richmond, Lennox and Gordon; Rutland; Sutherland; Westminster: MARQUESSES: (16) Abervagenny; Anglesey; Bristol; Bute; Camden; Cholmondeley; Conyngham; Hertford; Lansdowne; Londonderry; Milford Haven; Queensbury; Salisbury; Silgo; Townshend; Winchester; EARLS: (48) Beatty; Bessborough; Brooke and Warwick; Cathcart*; Cawdor; Chichester; Craven; Cottenham; Coventry; Cromer; Dalhousie; Devon; Ducie; Dunmore; Egmont; Eldon; Essex; Galloway; Gosford; Granville; Harewood; Harrington; Jersey; Leven and Melville; Lincoln; Listowel*; Lovelace; Lucan; Meath; Morley; Normanton; Orkney; Oxford and Asquith; Pembroke and Montgomery; Plymouth; Portsmouth; Rosebery; Rothes; Shaftsbury; Scarbrough; Snowdon; Spencer; Stradbroke; St. Aldwyn; St. Germains; Tankerville; Wharncliffe; Waldegrave; VISCOUNTS: (32) Allendale; Arbuthnott; Bolingbroke and St. John; Boyd of Merton; Boyne; Bridport; Buckmaster; Churchill; Cobham; Combermere; Downe; Esher; Gough; Greenwood; Hambleden; Hardinge; Hereford; Hill; Kemsley; Lambert; Margesson; Malvern; Monke; Norwich; Powerscourt; Rochdale; Scarsdale; Selby; Soulbury; St. Vincent; Stuart of Findhorn; Wimbourne; COUNTESSES: (3) Dysart; Mountbatten of Burma; Sutherland; LORDS/BARONS/BISHOPS: (152).

An Early Day Motion (12th June 2008) to change the Oath of Allegiance, was brought before Parliament by 22 parliamentarians, representing over 1.45 million; English, Scottish, Northern Irish and Welsh (British) constituents.

Early Day Motion (#1780) : "That this House recognises that the principal duty of hon. Members is to represent their constituents in Parliament; also recognises that some hon. Members would prefer to swear an oath of allegiance to their constituents and the nation rather than the Monarch; and therefore calls on the Leader of the House to bring forward legislative proposals to introduce an optional alternative Parliamentary oath allowing hon. Members to swear allegiance to their constituents and the nation and to pledge to uphold the law rather than one pledging personal allegiance to the serving Monarch".

EDM signatures: N Baker (Lib: Lewes), J Austin (Lab: Erith & Thamesmead), P Bottomley (Con: Worthing), R Campbell (Lab: Blyth), M Caton (Lab: Gower), M Clapham (Lab: Barnsley & Pennistone) I Davidson (Lab: Glasgow SW) P Flynn (Lab: Newport), A George (Lib: St. Ives), J Goldsworthy (Lib: Falmouth), J Hemming (Lib: Birmingham), M Horwood (Lib: Cheltenham), B Iddon (Lab: Bolton), B Jenkins (Lab: Tamworth), L Jones (Lab: Birminham), C McCafferty (Lab: Calder Valley, A McDonnell (SD&L: Belfast), A McKechin (Lab: Glasgow N), M Oaten (Lib: Winchester), K Purchase (Lab: Wolverhampton), A Simpson (Lab: Nottingham), J Swinson (Lib: Dunbartonshire).

Sinn Fein MP for Mid Ulster, Martin McGuinness, refused to swear the Oath of Allegiance to the British monarch as a result of his Irish republican views having been elected in 1997. He was consequently refused permission to actively take up his position in the House of Commons.

Subsequently McGuiness took the matter to the European Court of Human Rights. The application was deemed inadmissible on the basis that the requirement of an oath of allegiance to a reigning monarch is "reasonably viewed as an affirmation of loyalty to the constitutional principles which support... the workings of representative democracy in the respondent State."^[11] McGuiness and other elected Sinn Féin MPs do not participate in the House of Commons to this day, following a policy of Abstentionism.

Campaign group ‘Republic’ also challenges the oath of allegiance. Represented by a Human rights lawyer Louise Christian, their campaign; (“It is vital we challenge offensive and discriminatory oaths of allegiance - if our elected MPs ignore our calls we’ll take this issue to court.”) is seeking to change the law so MPs etc, can swear allegiance to the country/people, rather than the monarchy.