OATH. An outward pledge given by the person taking it that his attestation or pro mise 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 re nounces the mercy and imprecates the vengeance of Heaven if he do net speak the truth," 2 Leach, Cr. Cas. 482; or, as "a religious act hy which the party invokes God not only to witness the truth and sincerity of his promise, but also to avenge his impostiire or violated faith, or, in other words, to punish his perjury if he shall be guilty of it." 10 Tcullier, nn. 343-348; Puffendort b. 4, c. 2, 4. The essential idea of an oath would seem to be, however, that of a recognition of God's au thority 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 terrn 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 premise which are not accompanied by an imprecation.
Assertory Oaths are those required by law other than in judicial proceedings and upon induction to office : such, for example, as custom-house oaths.
Extra-judicial oaths are those taken with out authority of law. Though binding in foro conscientice, they do not, when false, render the party liable to punishment for perjury.
Judicial oaths are those administered in judicial proceedings.
Promissory oaths are oaths taken; by au thority of law, by which the party declares that he will fulfil certain duties therein men tioned : as, the oath which an alien takes, on becoming naturalized;That he' will support the constitution of thc United States ; the oath which a judge takes that he will perform the d 'Wes of his office. The breach of this does not involve the party in the legal crime or punishment of perjury. 3 Zabr. N. J. 49
The form of administering the oath may be varied to conform to the religious belief of the individual, so as to make it binding upon his conscience. 6 Mass. 262 ; 16 Pick. Mass. 154 ; 2 Gall. C. C. 346 ; 3 Park. Crim. N. Y. 590 ; 2 Hawks, No. C. 458 ; 7 Ill. 540; Ry. & M. 77. The most common form is upon the gospel, by taking the book in the hand: the words commonly used are, "You do swear that," etc., " so help you God," and then kissing the book. 9 Carr. & P. 137. The origin of this oath may be traced to the Roman law, Nov. 8, tit. 3 ; Nov. 74, cap. 5 ; Nov. 124, cap. 1 ; and the kissing the book is said to be an imitation of the priest's kissing the ritual, as a sign of reverence, betbre he reads it to the people. Rees, Cycl. In New Eng land and in Scotland the gospels are not generally used, but the party taking the oath holds up his right hand and repeats the words here given. 1 Leach, Cr. Cas. 412, 498; Cowp. 390.
Another form is by the witness or party promising holding up his right hand while the officer repeats to him, " You do swear by Almighty God, the searcher of hearts, that," etc., "and this as you shall answer to God at the great day." In another form of attestation, commonly called an affirmation (q. v.), the officer repeats, "You do solemnly, sincerely, and truly de clare and affirm that," etc.
A Jew is sworn on the Pentateuch, or Old Testament, with his head covered, Strange, 821, 1113 ; a Mohammedan, on the Koran, I Leach, Cr. Cas. 54 ; a Gentoo, by touching with his hand the foot of a Brahmin or priest of his religion ; a Brahmin, by touching ths hand of another such priest, Wits. 549 ; a Chinaman, by breaking a china saucer. 1 Carr. & M. 248.
, The form and time of administering oaths. I as well as the person authorized to adminis ter, are usually fixed by statute. See Gilp. Dist. Ct. 439 ; 1 Tyl. Vt. 347 ; 1 South. So.
C. 297; 4 Wash. C. C. 555 • 2 Blackf. Ind. 35; 2 McLean, C. C. 135 ; 9' Pet. 238 ; 1 Va. Cas. 181 ; 8 Rich. So. C. 456 ; 1 Swan, Tenn. 157; 5 Mo. 21.