Origins

The oath of allegiance was performed to King Edgar.^[4] By the common law, the oath is due to everyone 12 years of age or older.^[5]

The oath was certainly in use as of the date of King John's Magna Carta, signed on 15 June 1215.

Once the terms had been finalised on 19 June, the rebels again swore allegiance to King John. The later Bill of Rights (1689) included the Oath of Allegiance to the Crown, which was required by Magna Carta to be taken by all crown servants and members of the judiciary.^[6][7]

Over the following centuries this evolved into three separate oaths: of supremacy (repudiation of the spiritual or ecclesiastical authority of any foreign prince, person or prelate), allegiance (declaration of fidelity to the Sovereign), and in 1702, abjuration (repudiation of the right and title of descendants of James II to the throne). Oaths of allegiance were exacted from the Lords by Henry IV and Henry VI in 1455 and 1459, and an oath of supremacy was introduced under Henry VIII in 1534. Elizabeth I introduced an Act of Supremacy in 1563 requiring an oath to be taken by all future members of the House of Commons. A new oath of allegiance appeared under James I (prompted by the "Gunpowder Plot") under the Popish Recusants Act 1605 and the Oath of Allegiance Act 1609. This oath required recognition of James I as lawful King and renunciation of the Pope. The 1609 Act required Commons MPs to take the oath of allegiance and of supremacy, but this was not a "parliamentary" oath, as it was not taken in Parliament, and there were no consequences if not sworn.

1660–1858

After the Restoration, oaths of supremacy and allegiance were imposed upon all MPs and peers in Parliament. The Oaths of Allegiance and Supremacy Act 1688, passed after the Glorious Revolution installed William III and Mary II as monarchs, replaced the old oaths of supremacy and allegiance with shorter ones in almost the modern form. The deposed King James II died in exile in 1701, and King Louis XIV of France and the Jacobite adherents of the Stuart claim proclaimed James II's son rightful king James III. The Act of Settlement 1701, quickly passed in response, substantially extended the old oaths, while the Security of the Succession, etc. Act 1701 added an oath of abjuration of "the Person ... pretending to be and taking upon himself the Stile and Title of King of England by the Name of James the Third". This oath pledged support for the Hanoverian succession and for the exclusion of the Stuarts.

19th century

The Oaths Act 1858 (21 & 22 Vict. c. 48) prescribed a single form of the oath in place of the former three. This single form retained a declaration of allegiance and a promise to defend the Hanoverian succession. A declaration relating to the supremacy of the sovereign was also included and the oath continued to be made ’on the true faith of a Christian’ However, both of these latter elements disappeared from the revised version of the single oath that was subsequently prescribed in the Parliamentary Oaths Act 1866, which repealed much of the earlier pieces of legislation insofar as they related to oaths taken by Members of Parliament.

Finally, in the Promissory Oaths Act 1868 a further curtailment to the oath was made, thereby establishing the form of the oath still used today. The direct religious content has disappeared along with the declarations relating to the supremacy of the sovereign. In its current form, the oath conforms fairly closely to the medieval (feudal) oath of allegiance.

20th century

After the general right to affirm was guaranteed in 1888, the Oaths Act 1909 introduced a change to the ordinary method of taking oaths, which provided for oaths to be sworn on the Bible: in case of a Christian, on the New Testament, and in the case of a Jew on the Old Testament. This Act also established the usual form of taking the oath, with the phrase "I swear by Almighty God that …". Section 1 of the Oaths Act 1888 (on the right to affirm) was replaced in the Administration of Justice Act 1977.

The Oaths Act 1961 extended the 1888 Act, but did not apply to parliamentary oaths. All of the provisions in the Oaths Acts of 1838, 1888, 1909, 1961 and 1977 were repealed and consolidated in the Oaths Act 1978, although the form of wording of the oath set out in the 1868 Act was preserved. The 1978 Oaths Act contains provisions relating to the manner of administering the oath, the option of swearing with uplifted hand, the validity of oaths, the making of solemn affirmations and the form of affirmation. The current Oath of Allegiance or Official Oath is set out in the Promissory Oaths Act 1868.

To James I

King James I

I, A.B. do truly and sincerely acknowledge, profess, testify, and declare in my conscience before God and the world, that our Sovereign Lord King James, is lawful and rightful King of this realm, and of all other in his Majesties Dominions and Countries; And that the Pope neither of himself, nor by any authorities of the Church or See of Rome, or by any means with any other hath any power or authority to depose the King, or to dispose any of his Majesty's kingdoms, or dominions, or to authorize any foreign prince to invade or annoy him, or his countries, or to discharge any of his Subjects of their allegiance and obedience to his Majesty, or to give any license or leave to any of them to bear arms, raise tumult, or to offer any violence, or hurt to his Majesty's royal person, state, or government, or to any of his Majesty's subjects within his Majesty's dominions. Also, I do swear from my heart that, notwithstanding any declaration or sentence of excommunication or deposition 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 See against the King, his heirs or successors, or any absolution of the said subjects from their obedience: I will bear faith and true allegiance to his Majesty, his heirs and successors, and him or them will defend to the uttermost of my power, against all conspiracies and attempts whatsoever, which shall be made against his or their persons, their crown and dignity, by reason or color of any such sentence or declaration or otherwise, and will doe my best endeavor to disclose and make known unto his Majesty, his heirs and successors, all treasons and traitorous conspiracies, which I shall know or hear of to be against him or any of them. And I do further swear, that I do from my heart abhor, detest and abjure, as impious and heretical, this damnable doctrine and position, that princes which be excommunicated or deprived by the Pope, may be deposed or murdered by their subjects, or any whatsoever. And I do believe 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 do plainly and sincerely acknowledge and swear, according to these express words by me spoken, and according to the plain and common sense and understanding of the same words, without any Equivocation, or mental evasion, or secret reservation whatsoever: And I doe make this recognition and acknowledgement heartily, willingly, and truly, upon the true faith of a Christian: So help me God.^[8]

To Charles I

King Charles I

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 See 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 Subjects 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 help me GOD.^[9]

To George IV

King George IV

I A.B.do sincerely promise and swear, That I will be faithful and bear true Allegiance to His Majesty King George the Fourth, and will defend him to the utmost of my Power against all Conspiracies and Attempts whatever, which shall be made against his Person, Crown or Dignity; and I will do my utmost Endeavour to disclose and make known to His Majesty, His Heirs and Successors, all Treasons and traitorous Conspiracies which may be formed against Him or Them: And I do faithfully promise to maintain, support, and defend, to the utmost of my Power, the Succession of the Crown which Succession, by an Act, intituled An Act for the further Limitation of the Crown, and better securing the Rights and Liberties of the Subject, is and stands limited to the Princess Sophia, Electress of Hanover, and the Heirs of her Body, being Protestants; hereby utterly renouncing and abjuring any Obedience or Allegiance unto any other Person claiming or pretending a Right to the Crown of this Realm: And I do further declare, That it is not an Article of my Faith, and that I do renounce, reject, and abjure the Opinion, that Princes excommunicated or deprived by the Pope, or any other Authority of the See of Rome, may be deposed or murdered by their Subjects, or by any Person whatsoever: And I do declare, That I do not believe that the Pope of Rome, or any other Foreign Prince, Prelate, Person, State, or Potentate, hath or ought to have any Temporal or Civil Jurisdiction, Power, Superiority, or Pre-eminence, directly or indirectly, within this Realm. I do swear, That I will defend to the utmost of my Power the Settlement of Property within this Realm, as established by the Laws: And I do hereby disclaim, disavow, and solemnly abjure any Intention to subvert the present Church Establishment, as settled by Law within this Realm: And I do solemnly swear, That I never will exercise any Privilege to which I am or may become entitled, to disturb or weaken the Protestant Religion or Protestant Government in the United Kingdom: And I do solemnly, in the presence of God, profess, testify, and declare That I do make this Declaration, and every Part thereof, in the plain and ordinary Sense of the Words of this Oath, without any Evasion, Equivocation, or mental Reservation whatsoever. So help me God.^[10]

A new Parliament and the Demise of the Crown

After a general election, the new Parliament is opened by the Royal Commission in the House of Lords, in the presence of Members of both Houses, after which the House of Commons meets to elect a Speaker and the Lords commences oath taking.^[16]

Following the Demise of the Crown (the death or abdication of the current monarch), all Members of Parliament and members of the House of Lords have the opportunity^[17] to take an oath of allegiance to the new Sovereign at the first meeting of Parliament under a new monarch. The House votes an Address to the Crown in response to the official notification of the previous monarch's demise, expressing condolences upon the death of the previous monarch and pledging loyalty to his or her successor.

After the death of Elizabeth II, members of both houses of parliament met the following day to pay tribute. Senior members of parliament took the oath to King Charles III on Saturday 10 September. Other members of parliament were offered the opportunity to take the oath to the new sovereign but it was confirmed that this was not a formal requirement.^[17][18]

Order of seniority

At the start of a new Parliament, after the Commons Speaker has taken the oath, MPs come forward one by one to swear or affirm at the despatch-box, in order of seniority.

1. Father of the House (longest continuously serving member).
2. Cabinet ministers.
3. Shadow cabinet ministers.
4. Privy counsellors.
5. Other ministers.
6. Other members by seniority.

If two or more MPs enter the house at the same election their seniority is determined by the date and/or time they took the oath.

Taking the oath in the House of Commons

The Principal Clerk of the Table Office at the despatch box offers a choice of affirmation or oath cards to read. The MP takes the oath or affirms, then moves along the Table to the Clerk Assistant and signs the Test Roll, a parchment book headed by the oath and affirmation which is kept by the Clerk of the House of Commons.

State Opening

After the initial swearing in process, most MPs and Members of the Lords are able to sit and vote in each House. Any remaining MPs or Members of the Lords can take the oath at later sittings. When the majority of MPs and Members of the Lords have been sworn in, both Houses of Parliament are ready to hear the King's Speech at the State Opening starting the business of the session.

By-elections and MPs

MPs who have been elected at a by-election are accompanied from the bar of the House by two sponsors. The new Member will have collected a certificate relating to his or her election from the Public Bill Office to hand to the Clerk of the House before taking the oath or making the affirmation.

Scottish Parliament

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.

Senedd Cymru - Welsh Parliament

Section 23 of the Government of Wales Act 2006 requires members of the Senedd 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:

Wording in other languages

The Welsh wording is:

Yr wyf i, yn addo trwy gymorth y Goruchaf y byddaf yn ffyddlon ac yn wir deyrngar i'w Fawrhydi y Brenin Siarl, ei etifeddion a'i olynwyr, yn ôl y gyfraith, yn wyneb Duw.^[19]

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 Brenin Siarl, ei etifeddion a'i olynwyr, yn ôl y gyfraith.^[19]

The Scottish Gaelic wording is:

Tha mi a' mionnachadh air Dia uilechumhachdach gum bi mi dìleas agus daingeann d'a Mhòrachd, An Rìgh Teàrlach, a Oighrean agus ladsan a thig na Àite, a rèir an Lagha. Dia gam chuideachadh.^[16]

The Cornish wording is:

My a de re Dhuw Ollgallosek dell vedhav len ha perthi Omrians gwir dhe Y VRASTER AN MYGHTERN CHARLES, Hy Heryon ha Sewyoryon, herwydh an Lagha. Duw re'm gweresso.^[16]

Refusing to take the oath

Those elected to the House of Commons, to the Scottish Parliament, or to the Senedd who refuse to take the oath or affirmation are barred from participating in any proceedings, and from receiving their salaries. Members of the House of Commons could also be fined £500, and have their seat declared vacant "as if [they] were dead", if they attempt to do so.^[16] Under the Parliamentary Oaths Act 1866, any peer voting, or sitting in the House of Lords without having taken the oath, is subject, for every such offence, to a penalty of £500. Members of the Scottish Parliament must take the oath within two months of being elected, failing which they cease to be members and their seat is vacated.^[20]

On 1 April 1998, the House of Lords Information Office published a list of 260 peers who had not made the oath of allegiance as members of that House and were therefore not allowed to sit, speak or vote in the Lords.^[21] These were listed as 35 Conservatives; 4 Labour; 2 Liberal Democrats; 46 crossbenchers; and 173 of undeclared political alliances. By rank, these were listed as 3 Royal Dukes (the Duke of Edinburgh, the Prince of Wales and the Duke of York); 12 other Dukes; 16 Marquesses; 48 Earls; 32 Viscounts; 3 Countesses; and 152 baron(esse)s.^[21] Following the later reform of the House of Lords, these are no longer listed as members of the House of Lords.

Proposed amendments to oath

There have been several private members' bills in recent years concerning the parliamentary oath. None have been successful. The following have occurred since the passing of the Oaths Act 1978:

Republican parliamentarians

Republicans have expressed opposition to a compulsory oath made to an unelected monarch.

• Tony Benn in 1992 stated, when he took the oath, "As a dedicated republican, I solemnly swear ...". After the 1997 election, "As a committed republican, under protest, I take the oath required of me by law, under the Parliamentary Oaths Act of 1866, to allow me to represent my constituency ..." Later, he stated, "When one looks at the oaths of a Privy Counsellor, a Member of Parliament and the Sovereign at the coronation, they throw an interesting light on the obligations by which we are bound. The reality is that nobody takes an oath to uphold democracy in Britain. The Queen takes an oath to govern the country and uphold the rights of the bishops. We take an oath to the Queen. Nobody in the House takes an oath to uphold democracy in Britain." Tony Benn's Commonwealth of Britain Bill proposed that MPs and other officials swear oaths to a Constitution rather than the Crown.^[43]
• Kevin McNamara stated: "The era in which it was thought to be appropriate for legislators to set a political or religious test for those deemed acceptable to enter the parliamentary club has long since passed. ... The only test for inclusion and membership of this House should be the will of the electorate, freely expressed."
• Dennis Skinner stated, "I solemnly swear that I will bear true and faithful allegiance to the Queen when she pays her income tax". He is also alleged to have added "and all who sail in her" to the oath, implying he was referring to HMS Queen Elizabeth rather than the monarch herself.^[44]
• Tony Banks was seen with his fingers crossed when he took the oath in 1997.^[13]
• Richard Burgon in 2015 prefaced his oath by expressing his support for constitutional change for an elected head of state: "As someone that believes that the head of state should be elected I make this oath in order to serve my constituents".^[45]
• Colum Eastwood of the Irish nationalist Social Democratic and Labour Party stated in 2019, "Under protest and in order to represent my constituency, I do solemnly (...). My true allegiance is to the people of Derry and the people of Ireland."^[46]
• Also in 2019, SNP member Steven Bonnar visibly crossed his fingers during the affirmation. He also added to the official text "I take this oath to ensure that I can represent the people of Coatbridge, Chryston and Bellshill in Scotland". Some other SNP members also added similar statements to the oath's wording.^[47]

Parliamentary

According to "The Parliamentary Oath"^[13] even if the entire country were to vote in a general election for a party whose manifesto pledge was to remove the monarchy, it would be impossible by reason of the present oath, and current acts of parliament, for such elected MPs to take their seats in the House of Commons, or be raised to the House of Lords, without taking this Oath of Allegiance to the ruling monarch, and to his heirs, and successors.^[13] However, there would be nothing to prevent a Parliamentary majority debating a republic or from seeking to renegotiate the constitutional settlement since freedom of speech is guaranteed by article 9 of the Bill of Rights 1689.

The requirement to take the oath/affirmation is also enshrined in the Code of Conduct for MPs. Should an MP take part in parliamentary proceedings, without having sworn the oath, or affirmation, the penalty is £500 for every offence, together with vacation of his or her seat.^[13] Before 1997, MPs who did not take the oath, whilst unable to receive their salary, were entitled to the other facilities of the House. After the 1997 general election, the Speaker, Betty Boothroyd, made a new ruling on entitlement to salary, allowances and services as they relate to Members who have not taken the oath. This removed the right of any such MPs to the services of the House. Following the 2001 general election, and the election of four Sinn Féin members, the following Speaker, Michael Martin, re-iterated his predecessor's comments.^[13]

An Early Day Motion to change the Oath of Allegiance was brought before the House of Commons by 22 Members of Parliament,^[49] on 12 June 2008. Early Day Motion (#1780) read as follows:

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.^[48]

Scottish Parliament

Alex Salmond of the Scottish National Party, as the first party leader to be sworn into the Scottish Parliament in 2011, before raising his right hand to swear allegiance to the Queen, the SNP leader said: "The Scottish National Party's primary loyalty is to the people of Scotland, in line with the Scottish constitutional tradition of the sovereignty of the people."^[50] The Scottish Socialist Party, who advocate the abolition of the monarchy have made a number of protests during their Oaths of Allegiance in the Scottish Parliament. Their former leader Tommy Sheridan swore an oath of allegiance to the Queen with a clenched fist in 1999, Rosie Kane held her own protest during the oath ceremony, during which she swore allegiance with the words "My oath is to the people" written on her raised hand, Colin Fox sang Robert Burns' "A Man's A Man for A' That" at his protest, before being moved to the end of the queue by presiding officer Sir David Steel.^[51]

Pressure groups

Campaign group Republic also challenges the oath of allegiance. Represented by human rights lawyer Louise Christian, their campaign is seeking to change the law so MPs et al, can swear allegiance to the country and people, rather than the monarchy: "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."

Sinn Féin

The Irish republican party Sinn Féin follows a policy of abstaining from the House of Commons; this is because its members refuse to recognise the legitimacy of the British Parliament, as a body that legislates for Northern Ireland. The party also rejects the sovereignty of the British Crown in Northern Ireland, and as a result, even if its members wished to take up their seats, they would likely refuse to take the oath, and thereby would forfeit their seats and become liable to a fine of £500, recoverable by action in the High Court of Justice.^[2] As absentees, Sinn Féin MPs are denied their salaries, worth around £1.5 million over the five years to 2009, but may claim staff costs and additional accommodation allowances.^[52]

It is unknown whether Sinn Féin MPs would reconsider their policy of abstentionism if the oath were abolished, or if a new oath or pledge were adopted without any mention of the monarch or the Crown.^[13] From 1922 a similar situation pertained with respect to the Irish Free State Oireachtas (parliament), which Sinn Féin boycotted because it did not recognise the state. Fianna Fáil split from Sinn Féin in 1926 by proposing to enter the Oireachtas if it could do so without taking the Oireachtas oath of allegiance to George V. Although the oath was abolished in 1933, Sinn Féin continued to boycott each Oireachtas until 1986.

In 1999 the Sinn Féin member of parliament Martin McGuinness challenged the legitimacy of the Oath of Allegiance required of British MPs by taking the matter to the European Court of Human Rights. The application was deemed inadmissible on the basis that the requirement of an oath to the reigning monarch was "reasonably viewed as an affirmation of loyalty to the constitutional principles which support... the workings of representative democracy in the respondent State".^[53]