With what feelings the army of the Parliament regarded this offence may
be gathered from two sentences passed upon offenders convicted under
military law. In March 1649, a quartermaster named Boutholmey was tried
by council of war for uttering impious expressions. The man was found
guilty and condemned to have his tongue bored with a red-hot iron, his
sword broken over his head, and himself ignominiously dismissed the
service. In the following year a dragoon was similarly sentenced by
court-martial to be branded on the tongue.[44] Even in districts removed
from martial severity the monetary tax on oath-taking was frequently
demanded. We perceive from a recent writer,[45] who has collected the
ancient records of quarter sessions, that swearing was severely visited
upon the lieges of Somerset and Devon. John Huishe, of Cheriton, was
convicted for swearing twenty-two oaths. Humfrey Trevitt, for swearing
ten oaths, was adjudged to pay 33_s._ 4_d._ for the use of the poor.
William Harding, of Chittlehampton, was held to be within the act of
swearing for saying "Upon my life," and Thomas Buttand was fined for
exclaiming "On my troth!"
To glance at Scotland at this time, we find the governing body enacting
laws of a more searching and stringent character than any that had
preceded them. The Parliament of 1645 ordered that whoever should curse
or blaspheme should upon a second conviction be "censurable" in the
manner prescribed, that is, a nobleman should pay twenty pounds Scots, a
baron twenty marks, a gentleman ten marks. The Act anticipates the case
of a minister of religion coming under its provisions. The punishment in
that case was the forfeit of the first part of his year's stipend. In
1649 a further enactment was passed, the previous one being admittedly
too lenient, and in the same session the offence of cursing a parent was
made punishable by sentence of death. It is certainly curious to witness
the extremes to which the Scottish nation were prepared to go in
legislating against the commission of this offence. In 1650, when the
country was rushing to arms to resist the invasion of Cromwell, an Act
of Parliament was prepared which disqualified for command all officers
who were addicted to swearing.
The code which, in this country, had proved sufficient for the Puritans
remained in force until the manners of the Restoration had rendered
further legislation imperative. This took the shape of the statute of
William and Mary, by which, as we have seen, the Dean of St. Patrick's
was so greatly exhilarated. After an interval of some fifty years the
interference of Parliament was again felt to be necessary, and an Act of
George II. was passed which still regulates the law upon the subject of
swearing.[46]
Public-domain text, read in full here on John Shaqi.
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