Oaths & Perjury

To swear is to call God as witness, and is an act of divine worship.

Jurare est Deum in testem vocare, et est actus divini cultus.

Source: 3 Inst. 165; Jackson, No. 459; Weisman, 84j

The oath invokes the highest authority — the Almighty — as surety of truth, making perjury not only a civil offense but a transgression against the divine order.

There is no stronger bond between men than an oath.

Nullum vinculum majus inter homines quam jusjurandum.

Source: Jenk. Cent. Cas. 126, case 54; Weisman, 84a

The oath is the highest form of human undertaking; its binding force exceeds that of any contract or promise because it appeals to conscience and to God.

An oath is indivisible; it cannot be held partly true and partly false.

Juramentum est indivisibile, et non est admittendum in parte verum et in parte falsum.

Source: 4 Inst. 279; Jackson, No. 456; Weisman, 84d

Sworn testimony must be taken whole — a tribunal may not selectively accept portions of an oath while rejecting others, because the oath stands or falls as one.

Every oath ought to be founded upon certain knowledge.

Omne sacramentum debet esse de certa scientia.

Source: 4 Inst. 279; Weisman, 84f

No person may swear to what he does not know; an oath grounded on conjecture, supposition, or hearsay is void.

In court, no one is believed unless under oath.

In judicio non creditur nisi juratis.

Source: Cro. Car. 64; 3 Inst. 79

All facts presented in a legal proceeding must be established by sworn testimony or affirmation; unsworn statements carry no evidentiary weight.

The divine punishment for perjury is destruction; the human punishment is disgrace.

Perjurii poena divina exitium, humana dedecus.

Source: 3 Inst. 163; Co. Litt. 158

Perjury strikes at the foundation of the legal system; the law regards it with the utmost severity because the oath is the pillar upon which all judicial proceedings rest.