Oath

A reverent appeal to God, in corroboration of what one says, invoking, according as his declaration is sincere or deceptive, the divine blessing or punishment in another life. In the vernacular, oaths may be reverent or profane: the word standing alone means either kind. In jurisprudence, ■when oath is used without some 'qualifying word, the meaning generally i^ a reverent oath, — a lawful, formal oath. In the Scotch law, according to Bell, an oath is an affirmation, or denial, or promise, attested by the name of God. The judicial oath of a witness is in the terms: I swear by Almighty God, and as I shall answer to God at the great day of judgment, that I will tell the truth, the whole truth, and nothing but the truth, in so far as I know, or as the same shall be asked of me. This is somewhat more solemn in form (though not different in purport) than the usual American form, as administered by the clerk of court to the witness, who either kisses a copy of the gospels, or raises the right hand towards heaven: You solemnly swear that in this issue joined between, &c., you will tell the truth, the whole truth, and nothing but the truth, so help you God. Oaths are called judicial, when administered under direction of law in some judicial proceeding; axii extra-judicial, when there is no authority of law for taking them. The penalties of perjury do not attach to false oaths of the latter class. Official oath generally signifies an oath prescribed to be taken by an officer, before entering on his duties, that he wiU faithfully discharge them, or pursuing other form of declaration according to the directions of the law applicable. It is more accurately called oath of office. Being promissory in their nature, oaths of this class do not subject the affiant to a prosecution for perjury, in case of a subsequent breach of official duty. As to form of oath, the general prin- 0. nizes as binding upon his conscience; as exposing him, in case of a violation, to divine retribution. Accordingly, persons who repudiate all belief in a God and a system of rewards and punishments in a world to come, have, except under enabling statutes of recent times, been considered incompetent to take an oath. A corporal oath is one taken by the form of laying the hand on or kissing a copy of the gospels. The word oath, in many of the statute-books, includes affirmation; that is, a person who declares conscientious scruples against taking any form of oath, may satisfy any statute requiring an oath by making a solemn affii-mation; and one who has made an affirmation instead of an oath is (under such statutes) liable to the punishment of perjury, if his ai Brmation is false, to the same extent as if it had been an oath. An oath is an affirmation or denial of any thing, before one or more persons who have authority to administer the same, for the discovery and advancement of truth and right, calling God to witness that the testimony is true: therefore, it is termed sacramentum, a holy hand, or tie. Jacob. An affirmation, negation, or promise, corroborated by the attestation of the Divine Being; an appeal to God. Wharton. A religious asseveration, by which a person renounces the mercy and imprecates the vengeance of Heaven, if he do not speak the truth.

Ejng v. White, 1 Leach Cr. Cos. 430.

An oath is a solemn adjuration to God to punish the affiant, if he swears falsely. The sanction of the oath is a belief that the Supreme Being will punish falsehood; and, whether that punishment is administered by remorse of conscience or in any other mode in this world, or is reserved for the future state of being, cannot affect the question, as the sum of the matter is a belief that God is the avenger of falsehood.

Blocker v. Burness, 2 Ala. 354.

The calling upon God to witness that what is said by the person sworn is true, and invoking the divine vengeance upon his head, if what he says is false. Brock o.

Milligan, 10 Ohio, 123.

A statute which requires an oath to be administered " by the court or judge " is complied with, if the oath is administered by the clerk in court, under the direc- Where tax-payer was asked by assessor, " You take your oath that that Is all, do you 1 " and answered, " Certainly I do," this was held not to be a lawful oath.

Arnold v. Middletown, 41 Conn. 206.

The terms corporal oath and solemn oath are synonymous; and an oath taken with the uplifted hand is properly described by either term in an indictment for perjury.

Jackson v. State, 1 Ind. 184. OB.

On account of; for. Several Latin phrases and maxims, commencing with this word, are more commonly introduced by in, q. v. Others are here defined: Ob continentiam delicti. On account of the contaminating character of the offence. This use of the word continentia is probably without classical authority. The phrase expresses a ground for extending a sentence of condemnation, in maritime law, to property not confiscated on other grounds; as in the case of a vessel condemned for carrying despatches for the enemy in time of war, the sentence may be extended to the cargo oft continentiam delicti.

The Atalanta, 6 Rob. Adm. 440.

Ob contingentiam

On account of connection; by reason of similarity. In Scotch law, this phrase expresses a ground for the consolidation of actions.

Ob turpem causam

For a base cause; for an immoral consideration. See the maxim, Ex turpi causa non oritur actio.