| Understanding "OATHs" |
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Page 1 of 9 An oath is defined in law as follows:”An affirmation of truth of a statement, which renders one willfully asserting untrue statements punishable for perjury. An outward pledge by the person taking it that his attestation or promise is made under an immediate sense of responsibility to God. A solemn appeal to the Supreme Being in attestation of the truth of some statement.” Black’s Law Dictionary, Fifth Edition, page 966. OATH. A declaration made according to law, before a competent tribunal or officer, to tell the truth; or it is the act of one who, when lawfully required to tell the truth, takes God to witness that what he says is true. It is a religious act by which 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. (l0 Toull. n. 343 a 348; Puff. book, 4, c. 2, s. 4; Grot. book 2, c. 13, s. 1; Ruth Inst. book 1, ch. 14, s. 1; 1 Stark. Ev. 80; Merl. Repert. Convention; Dalloz, Dict. Serment: Dur. n. 592, 593; 3 Bouv. Inst. n. 3180. Poth. on Oblig. P. 4, c. 3, s. 4. 2.) It is proper to distinguish two things in oaths; 1. The invocation by which the God of truth, who knows all things, is taken to witness. 2. The imprecation by which he is asked as a just and all-powerful being, to punish perjury…. Decisory oath. By this term in the civil law is understood an oath which one of the parties defers or refers back to the other, for the decision of the cause. It may be deferred in any kind of civil contest whatever, in questions of possession or of claim; in personal actions and in real. The plaintiff may defer the oath to the defendant, whenever he conceives he has not sufficient proof of the fact which is the foundation of his claim; and in like manner, the defendant may defer it to the plaintiff when he has not sufficient proof of his defense. The person to whom the oath is deferred, ought either to take it or refer it back, and if he will not do either, the cause should be decided against him…. A purgatory oath is one by which one destroys the presumptions which were against him, for he is then said to purge himself, when he removes the suspicions which were against him; as, when a man is in contempt for not attending court as a witness, he may purge himself of the contempt, by swearing to a fact which is an ample excuse. See Purgation. Bouvier’s Law Dictionary, 1856. Based on the above-quoted definitions, an “oath,” may be deemed a swearing, i.e., a cursing and binding of oneself. To curse and bind oneself is clearly the opposite of blessing and liberating oneself. It produces a condition of slavery and bondage rather than freedom and happiness. Moreover, swearing an oath true, correct, and complete is proclaiming that one knows what is actually impossible to know, i.e., the “truth, the whole truth, and nothing but the truth.” The truth is that no one knows the “\whole truth,” in its entirety and infinity. In any case, swearing an oath is consigning oneself into obligation to the jurisdiction to which one swears the oath, such as to a government. |