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.)
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