OAT H. An outward pledge given by the person taking it that his attestation or prom ise 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 de clare the whole truth, so far as he knows it;" 1 Stark. Ev. 22; or, "a religious assev eration by which a person renounces the mercy and imprecates the vengeance of Heaven if he do not speak• the truth ;" 2 Leach 482; or, as "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 per jury if he shall be guilty of it ;" 10 Toullier, n. 343; Puffendorff, b. 4, c. 2, § 4. The es sential 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 under taking 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 are those required by law other than in judicial proceedings and upon induction to office : such, for example, as custom-house oaths.
Extrajudicial oaths are those taken with out authority of law. Though binding in foro con,scientice, they do not, when false, render the party liable to punishment for perjury.
Judicial oaths are those administered in judicial proceedings.
Promissory or official oaths are oaths tak en, by authority of law, by which the party declares that he will fulfil certain duties therein mentioned: as, the oath which an alien takes, on becoming naturalized, that he will support the constitution of the Unit ed 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 ; State v. Dayton, 23 N. J. L. 49, 53 Am. Dec.
270. Where an appointee neglects to take an oath of office when required by statute to do so, he cannot be considered qualified, nor justify his doings as an officer ; Johns ton v. Wilson, 2 N. H. 202, 9 Am. Dec. 50.
Qualified oaths are circumstantial oaths. Rap. & L. Diet.
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; 4 Bla. Com. 43; 1 Whart. Ev. §§ 386-8; Com. v. Buzzell, 16 Pick. (Mass.) 154; McKinney v. People, 2 Gilman (Ill.) 540, 43 Am. Dec. 65; 7 Ill. 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 C. & P. 137. The oath was in common use long prior to the Christian era; Willes 545, 1744; the oath and Christianity became associated during the reign of Henry VIII. in England; 3 Robert son's Charles V. 257. The origin of this oath may be, traced to the Roman law ; Nov. 8, tit. 3; Nov. 74, cap. 5 ; Nov. 124, cap. 1. In ancient times a Bible containing the Gos pels was placed upon a stand in view of the prisoner. The jurors placed their hands up on the book, and then the accused had a full view of "the peer" who was to try him. This was called the "corporal oath" because the hand of the person sworn touched the book. Probably, out of reverence, the book may have been kissed sometimes, as a Catho lic priest now kisses it in a mass ; but it is doubtful if kissing the book was ever essen tial to the validity of the "corporal oath"; 22 Law Mag. & Rev. 59.
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. In New Eng land, New York, and in Scotland the gospels are not generally used, but the party taking the oath holds up his right hand and re peats the words here given; 1 Leach 412, 498.