Skip to content
NeCede's

Maxim 9.2.10

The oath of an infamous person is not to be received.

Repellitur a sacramento infamis.

Source: Co. Litt. 158; Jackson; Wharton Difficulty 2/5 — Approachable

Explanation

A person of proven infamy is excluded from giving sworn testimony because his oath carries no credibility — the law will not receive sworn evidence from one whose character is wholly discredited.

Where this applies

  • A convicted felon is being allowed to give sworn testimony.
  • A witness with a terrible reputation for dishonesty is testifying under oath.
  • Someone whose credibility has been destroyed is still being allowed to swear oaths in court.

Legal domains

Cite this maxim

NeCede Max. 9.2.10 — The oath of an infamous person is not to be received. — Co. Litt. 158; Jackson; Wharton (Repellitur a sacramento infamis.)

Found an error? Suggest a correction →