Oath

An outward pledge given by the person taking it that his attestation or promise is made under an immediate sense of his responsibility to God. Tyler, Oaths, 15. ■ The term has been variously defined: As, "a solemn invocation of the vengeance of the Deity upon the witness if he do not declare the whole truth, so far as he knows it."

1 Starkie, Ev. 22..

Or, "a religious asseveration by which a person renounces the mercy and imprecates the vengeance of Heaven if he do not speak the truth."

2 Leach, C. C. 482.

Or, as "a religious act by vyhich the party invokes God not only to witness the truth and sincerity of his promise, but also to avenge his imposture or violated faith, or, in other words, to punish his perjury if he shall be guilty of it."

10 Toulliei;, Dr. Civ. notes 343-348; Puffendorff, bk. 4, c. 2, § 4.

The essential idea of an oath would seem to be, however, that of a recognition of God's authority by the party taking it,- and an undertaking to accomplish the transaction to which it refers as required by His laws. In its broadest sense, the term is used to include all forms of attestation by which a party signifies that he is bound in conscience to perform the act faithfully and truly. In a more restricted sense, it excludes all those forms of attestation or promise which are not accompanied by an imprecation.

Assertory Oaths

Those required by law other than in judicial proceedings, and upon induction to office, such, for example, as custom-house oaths.

Promissory Oaths

Oaths taken by authority of law, by which the party declares that he will fulfill certain duties o he will support the constitution of the United States; the oath which a judge takes that he will perform the duties of his office. The breach of this does not involve the party in the legal crime or punishment of perjury.

3 Zab. (N. J.) 49.

Extrajudicial Oaths

Those taken without authority of l&vt. Though binding in foro conscientiae, they do not, when false, render the party liable to punishment for perjury.

Judicial Oaths

Those administered in judicial proceedings.