The Oath of Allegiance

This is transcribed from an article published in the Virginia Genealogical Society Quarterly, Volume
XXIII, number 1 (1 Feb 1985) and submitted to the Stafford County Mailing List by Charles Hartley.

The following comments, taken from The Statutes at Large (1821) by
William W. Hening, provide some historical insight into the oaths of
allegiance printed below.

"May 1777. Whereas allegiance and protection are reciprocal, and
those who will not bear the former are not entitled to the benefits
of the latter, Therefore Be it enacted by the General Assembly, that
all free born male inhabitants of this state, above the age of
sixteen years, except imported servants during the time of their
service, shall, on or before the tenth day of October next, take and
subscribe the following oath or affirmation before some one of the
justices of the peace of the county, city, or borough where they
shall respectively inhabit; and the said justices shall give a
certificate thereof to every such person, and the said oath or
affirmation shall be as followeth, viz. "I do swear or affirm that I
renounce and refuse all allegiance to George, the third, king of
Great Britain, his heirs and successors, and that I will be faithful
and bear true allegiance to the commonwealth of Virginia, as a free
and independent state, and that I will not, at any time, do, or cause
to be done, any matter or thing that will be prejudicial or injurious
to the freedom and independence thereof, as declared by congress; and
also, that I will discover and make known to some one justice of the
peace for the said state, all treasons or traitorous conspiracies
which I now or hereafter shall know to be formed against this or any
of the United States of America. And be it further enacted, That the
justice of the peace before whom such oath or affirmation shall be
subscribed shall keep fair registers of the names of the persons so
sworn ... and shall on or before the first day of January ...
transmit in writing ... to the clerk of court of the county a true
list of the names." (v. 9, pp. 281-283.)

The statute in question provided that the lists directed to be
returned to the court should also contain the names of those refusing
to take the oath and that such recusants were to be reported to the
county lieutenant or chief commanding officer of the militia who was
authorized to disarm them. Said parties, until further notice, were
also refused permission to hold any office, serve on juries, sue for
debts, or purchase land. The act was directed to be read by every
sheriff at the door of the court house on some court day and by every
minister after divine services, under penalty of a fine in the amount
of ten pounds.