OATH, in point of law, is that kind of solemn declaration which is necessary as a con dition to the filling of some office more or less public, or of giving evidence in a court of justice. Nearly all the great public offices of the state in this country can only be filled by persons who are willing to take an oath before acting in such office. The most important office of all—that of king or queen of Great Britain—requires a coronation oath (q.v.). Members of parliament also require to take the oath of fidelity and true allegiance, and promising to maintain the succession, in a full house, before taking their places (29 and 30 Viet. e. 19). Quakers and others may make an affirmation to the same effet. In 1868 and 1871 great changes were made as to oaths. The oath of allegiance and the official oath must now be taken by the great officers of state, such as the first lord of the treasury, chancellor of the exchequer, lord chancellor, secretaries of state, etc., in England. In Scotland the same are taken by the lord keeper of the great seal and privy seal, lord clerk register, lord advocate, and lord justice-clerk; so in Ireland by the lord lieutenant, lord chancellor, and two others. The oath of allegiance and the judicial oath are taken by the superior judges in each kingdom, justices of the peace, and Scotch sheriffs. No others, except under the clerical and parliamentary oaths acts, are to take the oaths of allegiance, supremacy, and abjuration, or any oath substituted for these. All others who used formerly to take oaths now make declarations of fidelity in their office, and in some cases also one of secrecy.
The most important oaths affecting the general public are those which are required to enforce the truth from witnesses in courts of justice. It may be stated that jurymen, where they are called upon to exercise their functions, are also required to take an oath. The oath is read to the juror thus—" You shall well and truly try the issue between the parties, and a true verdict give, the evidence, so help you God ;" and the juror kisses the New Testament. Witnesses who are called to give evidence. must all be first
sworn in a similar manner, the words being, " The evidence you shall give shall be the truth, the whole truth, and nothing but the truth, so help you God." Hence the person who is a witness must have sufficient understanding to know the nature and obligations of an oath; and on this ground, young children are incompetent to be witnesses. Another condition or qualification required in the party who takes an oath as a witness is, that he has a competent sense of religion, in other words, he must not only have some relig ious knowledge, but sonic religious belief. He must., in substance, believe in the exist ence of a God, and in the moral government of the world; and though he cannot be ques tioned minutely as to his particular religious opinions. yet, if it appear that he does not believe in a God and future state, he will not be allowed to give his evidence, for it is assumed, that without the religious sanction, his testimony cannot be relied upon. So long, however, as a witness appears to possess competent religious belief, the mere form of the oath is not material. The usual practice in England and Ireland is, for the wit ness, after hearing the oath repeated by the officer of court, to kiss the four gospels by way of assent; and in Scotland, the witness repeats similar words after the judge, stand ing and holding up his right hand, "swearing by almighty God, as he shall answer to God at the great day of judgment," but without kissing any book. Jews are sworn on the Pentateuch. keeping on their hats, and their oath ends with the words, " so help you Jehovah." A Mohammedan is sworn on the Koran; a Chinese witness has been sworn by kneeling and breaking a china saucer against the witness-box. Thus the mere form of taking the oath is immaterial; the witness is allowed to take the oath in whatever form he considers most binding upon his own conscienee—the essential thing being, however, that the witness acknowledge some binding effect derived from his belief in a God or a future state.