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Abjuration is the solemn repudiation, abandonment, or renunciation by or upon
oath Traditionally an oath (from Anglo-Saxon ', also called plight) is either a statement of fact or a promise taken by a sacrality as a sign of verity. A common legal substitute for those who conscientiously object to making sacred oaths is to giv ...
, often the
renunciation of citizenship Renunciation (or renouncing) is the act of rejecting something, especially if it is something that the renunciant has previously enjoyed or endorsed. In religion, renunciation often indicates an abandonment of pursuit of material comforts, in t ...
or some other
right Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people according to some legal system, social convention, or ethical the ...
or privilege. The term comes from the
Latin Latin (, or , ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through ...
''abjurare'', "to forswear".


Abjuration of the realm

Abjuration of the realm was a type of abjuration in ancient
English law English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, bee ...
. The person taking the oath swore to leave the country directly and promptly, never to return to the kingdom unless by permission of the sovereign. This was often taken by fugitives who had taken
sanctuary A sanctuary, in its original meaning, is a sacred place, such as a shrine. By the use of such places as a haven, by extension the term has come to be used for any place of safety. This secondary use can be categorized into human sanctuary, a sa ...
:


English Commonwealth

Near the start of the
English Civil War The English Civil War (1642–1651) was a series of civil wars and political machinations between Parliamentarians ("Roundheads") and Royalists led by Charles I ("Cavaliers"), mainly over the manner of England's governance and issues of reli ...
, on 18 August 1643 Parliament passed "An Ordinance for Explanation of a former Ordinance for Sequestration of Delinquents Estates with some Enlargements." The enlargements included an oath which became known as the "Oath of Abjuration": In 1656–7, it was reissued in what was for Catholics an even more objectionable form. Everyone was to be "adjudged a Papist" who refused this oath, and the consequent penalties began with the confiscation of two-thirds of the
recusant Recusancy (from la, recusare, translation=to refuse) was the state of those who remained loyal to the Catholic Church and refused to attend Church of England services after the English Reformation. The 1558 Recusancy Acts passed in the reign ...
's goods, and went on to deprive him of almost every civic right. The
Catholic Encyclopaedia The ''Catholic Encyclopedia: An International Work of Reference on the Constitution, Doctrine, Discipline, and History of the Catholic Church'' (also referred to as the ''Old Catholic Encyclopedia'' and the ''Original Catholic Encyclopedia'') i ...
makes the point that the oath and the penalties were so severe that it stopped the efforts of the Gallicanizing party among the English Catholics, who had been ready to offer forms of submission similar to the old oath of Allegiance, which was condemned anew about this time by Pope
Innocent X Pope Innocent X ( la, Innocentius X; it, Innocenzo X; 6 May 1574 – 7 January 1655), born Giovanni Battista Pamphilj (or Pamphili), was head of the Catholic Church and ruler of the Papal States from 15 September 1644 to his death in Januar ...
.


Scotland

During The Killing Time of the 1680s an Abjuration Oath could be put to suspects where they were given the option to abjure or renounce their allegiances. The terms of the oath were deliberately designed to offend the consciences of the
Presbyterian Presbyterianism is a part of the Reformed tradition within Protestantism that broke from the Roman Catholic Church in Scotland by John Knox, who was a priest at St. Giles Cathedral (Church of Scotland). Presbyterian churches derive their na ...
Covenanters Covenanters ( gd, Cùmhnantaich) were members of a 17th-century Scottish religious and political movement, who supported a Presbyterian Church of Scotland, and the primacy of its leaders in religious affairs. The name is derived from '' Coven ...
. Those who would not swear "whether they have arms, or not" could be "immediately killed" by field trial "before two witnesses" on a charge of high treason. John Brown was included among those executed in this judicial process by John Graham (Bluidy Clavers) on 1 May 1685. The wives and children of such men could also be put out of their houses if they had spoken to the suspect or refused the oath themselves.


Great Britain and Ireland

In England (and after 1707 Great Britain) the Oath of Abjuration denied the royal title of James II's heirs (i.e. the direct Catholic descendant of the House of Stuart exiled after the Glorious Revolution in 1688). In
England England is a Countries of the United Kingdom, country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separa ...
, an Oath of Abjuration was taken by
Members of Parliament A member of parliament (MP) is the representative in parliament of the people who live in their electoral district. In many countries with bicameral parliaments, this term refers only to members of the lower house since upper house members ofte ...
, clergy, and laymen, pledging to support the current
British monarch The monarchy of the United Kingdom, commonly referred to as the British monarchy, is the constitutional form of government by which a hereditary sovereign reigns as the head of state of the United Kingdom, the Crown Dependencies (the Bailiw ...
and repudiated the right of the
Stuarts The House of Stuart, originally spelt Stewart, was a royal house of Scotland, England, Ireland and later Great Britain. The family name comes from the office of High Steward of Scotland, which had been held by the family progenitor Walter fit ...
and other claimants to the throne. This oath was imposed under William III,
George I George I or 1 may refer to: People * Patriarch George I of Alexandria (fl. 621–631) * George I of Constantinople (d. 686) * George I of Antioch (d. 790) * George I of Abkhazia (ruled 872/3–878/9) * George I of Georgia (d. 1027) * Yuri Dol ...
and
George III George III (George William Frederick; 4 June 173829 January 1820) was King of Great Britain and of Ireland from 25 October 1760 until the union of the two kingdoms on 1 January 1801, after which he was King of the United Kingdom of Great Bri ...
. It was superseded by the
oath of allegiance An oath of allegiance is an oath whereby a subject or citizen acknowledges a duty of allegiance and swears loyalty to a monarch or a country. In modern republics, oaths are sworn to the country in general, or to the country's constitution. For ...
. In Ireland, the oath was imposed of state officeholders, teachers, lawyers, and on the clergy of the established church in from 1703, the following year it was on all Irish voters and from 1709 it could be demanded of any adult male by a magistrate.


The Netherlands

Another famous abjuration was brought about by the
Plakkaat van Verlatinghe The Act of Abjuration ( nl, Plakkaat van Verlatinghe; es, Acta de Abjuración, lit=placard of abjuration) is the declaration of independence by many of the provinces of the Netherlands from the allegiance to Philip II of Spain, during the ...
of July 26, 1581, the formal
declaration of independence A declaration of independence or declaration of statehood or proclamation of independence is an assertion by a polity in a defined territory that it is independent and constitutes a state. Such places are usually declared from part or all of the ...
of the
Low Countries The term Low Countries, also known as the Low Lands ( nl, de Lage Landen, french: les Pays-Bas, lb, déi Niddereg Lännereien) and historically called the Netherlands ( nl, de Nederlanden), Flanders, or Belgica, is a coastal lowland region in N ...
from the Spanish king, Philip II. This oath was the climax of the
Eighty Years' War The Eighty Years' War or Dutch Revolt ( nl, Nederlandse Opstand) ( c.1566/1568–1648) was an armed conflict in the Habsburg Netherlands between disparate groups of rebels and the Spanish government. The causes of the war included the Re ...
(Dutch Revolt).


See also

*
English post-Reformation oaths The English Protestant Reformation was imposed by the English Crown, and submission to its essential points was exacted by the State with post-Reformation oaths. With some solemnity, by oath, test, or formal declaration, English churchmen and others ...
* Papists Act 1716


Notes


External links

{{Authority control Latin legal terminology Oaths