any positive gain. The Act of 1551, that under which the local and
spiritual authorities derived their powers, was further supplemented by
Acts of 1567 and 1581.
We now arrive at the point at which legislation upon the subject was to
cross the border and take a prominent place in the counsels of King
James' reign.
We have seen that it was Queen Elizabeth's godson Sir John Harington,
who first recorded the positive introduction of the damnatory oath. A
long time, however, must have elapsed before the bantling took heart of
grace and found strength to run alone. An examination of Elizabethan
writings does not conduce to the idea of the term having had a
widespread acceptation. The reference we have given to the comedy of
Nat Field, 'Amends for Ladies,' tends to show that the British
shibboleth was still regarded as of exotic growth. The truth would seem
to be that the literature of the country, gross and abusive as it often
was, was singularly free from terms of this particular description,
while the conversation of the humbler orders was not so unexceptionable.
Already it had become a source of uneasiness to the Legislature. In 1601
a measure was introduced into the Commons "against usual and common
swearing," but, having been carried up to the Lords, it dropped after
the first reading. This would appear to have been the first attempt at
legislation on the subject.[39] On the accession of James I. the topic
was again brought to the notice of the House, but the early Parliaments
of this reign were too much occupied with the work thrown upon them in
consequence of the Gunpowder Treason to formulate any code for the
regulation of this abuse. Although no less than five separate bills,
having the prevention of swearing for their object, were presented
during the course of this reign, it was not until 1623 that an enactment
was finally carried defining and controlling the offence. The statute of
that year[40] provided that every offender should forfeit the sum of
twelve pence. In default of payment the culprit was to be placed in the
stocks for three hours, or if under the age of twelve years was to be
severely whipped.
Public-domain text, read in full here on John Shaqi.
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