rican citizen could at this day take the
oath of allegiance to the Sovereign of England if it were limited to the
Constitution of the United States. First of all, they required of every
freeman the oath of fidelity to the local Government; and then, after
three years' delay and debating about the oath of allegiance to the
King, the Massachusetts Bay Court adopted the following order:
"May 16th, 1665.
"It is ordered by this Court and by the authority thereof, that the
following oath be annexed unto the oaths of every freeman, and oath of
fidelity, and to the Governor, Deputy Governor and Assistants, and to
all other public officers as followeth. The oaths of freemen and of
fidelity to run thus: 'Whereas, I, A.B., an inhabitant within this
jurisdiction, considering how I stand to the King's Majesty, his heirs
and successors, _by our Charter_, and the Government established
thereby, do swear _accordingly_, by the great and dreadful name of the
ever living God, that I will bear faithful and true allegiance to our
Sovereign Lord the King, his heirs and successors; and so proceed _as in
the printed oaths of freemen and fidelity_.'"[149]
On this, Col. Nichols, Chairman of the Royal Commission, addressing the
Court, remarks as follows:
"You profess you highly prize the King's favour, and that offending him
shall never be imputed to you; and yet you, in the same paper, refuse to
do what the King requires should be done--that all that come into this
colony to dwell should take the oath of allegiance here. Your Charter
commands it; yet you make promises not therein expressed, and, in short,
would curtail the oath, as you do allegiance, refusing to obey the King.
It is your duty to administer justice in the King's name; and the King
acknowledgeth in his letter, April 23, that it is his duty to see that
justice be administered by you to all his subjects here, and yet you
will not give him leave to examine by his Commissioners."
Referring to this subject again, Col. Nichols remarks:
"Touching the oath of allegiance, which is exactly prescribed in your
Charter, and no faithful subject will make it less than according to the
law of England. The oath mentioned by you was taken by Mr. Matthew
Cradock, as Governor, which hath a part of the oath of allegiance put
into it, and ought to be taken in that name by all in public office;
also in another part of the Charter it is expressly spoken of as the
oath of allegiance; and how a
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