3 _Henry VI._, Act i. Scene 2.

An oath is an affirmation or denial of anything _before one that hath

authority to administer the same_, calling God to witness that his

testimony is true (3 Inst. 165, C. 74). Sacramentum, habet in se tres

comites, veritatem, justiciam et judicium; veritas habenda est in

juratore; justicia et judicium in judice (Bracton, I. 4, f. 186). Four

sorts of oaths have been enumerated, viz., Juramentum promissionis, where

an oath is taken to do or not to do such a thing (it appears that York

had taken an oath of this description); Juramentum purgationis, which is

where a person is charged with any matter by bill in Equity; Juramentum

probationis, where one is produced as a witness to prove or disprove a

thing; and Juramentum triationis, where one is sworn to try the issue,

such as a juror. The oath must be lawful, allowed by the common law or

some Act of Parliament; so Salisbury says—

_Sal._ It is a great sin to swear unto a sin;

But greater sin to keep a sinful oath.

Who can be bound by any solemn vow

To do a murd’rous deed, to rob a man,

To force a spotless virgin’s chastity,

To reave the orphan of his patrimony,

To wring the widow from her custom’d right;

And have no other reason for this wrong,

But that he was bound by a solemn oath?

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