Abjuration

[Lat. ahjuratio, from abjurare, q. v.] A renimciation or abandonment by, or upon oath; the taking or ma- ' king oath to leave a place. Abjuration in this sense, in English law, usually was of the realm, but it might also be of a particular county, city, borough, or town. See Abjurare. The taking an oath to renounce one's all^iance to a particular sovereign, prince, or state. See Abjuration of allegiance. Abjuration of allegiance.

In political law. A declaration under oath, before a competent authority, that the party making oath renounces and abjures all the allegiance and fidelity which he owes to a particular soverdgn. A formality required of all aliens, by the laws of the United States, previously to their being naturalized. Act of Congress, April 14, 1802. 2 Kenfs Com. 64, 65. An oath, abjuring all allegiance to the descendants of the Pretender, is required in England from all persons holding office. 1 Bl. Com. 368. 2 Steph. Com. 422. 3 Id. 106. See Allegiance. 2 Abjuration of the Bealm. [Lat. abjuratio regni."] In ancient English law. The taking an oath to depart from the kingdom, and never return, imless by permission; a species of sworn, or self banishment, formerly allowed to offenders who confessed their crimes, after fleeing to a sanctuary, as the means of saving their lives. Bract, fol. 135 b. 4 Bl. Com. 332. The blood of the person thus abjuring was attainted, he forfeited all his goods and chattels, and was considered as dead in law. Id. SSS. 1 Id. 443. Co. Litt. 13B SL. Abjuration of the realm is generally considered as having been abolished by statute 21 Jac. I. c. 28; but it is mentioned in the books at a later period. 2 Inst. 629. 11 Fast, 301. 2 Kent's Com. 156, note. The old oath of abjuration, as given by Bracton, was in this form: " Hear this, ye justices, or coroners, that I will depart from the { realm of England, and that I will not return thither again, unless by permission of the lord the king, or his heirs. So help me God, <fec." The party thus abjuring was then obliged to select a port where he would embark, and a certain time, computed by reasonable days* journeys, was allowed him to reach it. He was not allowed to quit the king's highway, nor to stay in any one place more than two nights, nor to turn aside from the road, unless for sufficient cause; but was boimd to go straight to the port, so as to be there at the day given him, and to embark as soon as he could obtain a vessel and a wind, unless detamed by stress of weather. If he failed in any of these particulars, it was at his peril. Bract, foL 135 b. 136.

A renunciation of a country by oath. 1. The act of Congress of the J 4th of April, 1802, 2 Story’s Laws U. S. 850, requires that when an alien shall apply to be admitted a citizen of the United States, he shall declare on oath or affirmation before the court where the application shall be made, inter alia, that he doth absolutely and entirely renounce and ajure all allegiance and fidelity which he owes to any foreign prince, &c., and particularly, by name, the prince, &c., whereof he was before a citizen or subject. Rawle on the Const. 98.— 2. In England the oath of abjuration ig an oath by which an Englishman binds himself not to acknowledge any right in the pretender to the throne of England.—3. It signifies also according to 25 Car. II., an oath abjuring to certain doctrines of the church of Rome.—4. In the ancient English Jaw it was a renunciation of one country and taking an oath of perpetual banishment. A man who had committed a felony, and for the safety of his life flew to a sanctuary, might within forty days confess the fact and take the oath of abjuration and perpetual banishment, he was then transported. This was abolished by stat. 1 Jac. 1, c. 25. Ayl. Parerg. 14.