Scottish National Dictionary (1700–)
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First published 1965 (SND Vol. VI).
This entry has not been updated since then but may contain minor corrections and revisions.
OATH, n. Also †oth. For Sc. form see Aith. Sc. usages in Sc. Law phrs.: 1. oath de fideli, see De Fideli; 2. oath in litem, see In Litem; 3. oath in supplement, see Supplement; †4. oath of calumny, an oath taken at the outset of an action, by which both parties, either by themselves or through their counsel, swear that the facts pleaded are true. Obs. from the early 18th c. except in consistorial cases; 5. oath of credulity, an oath as to the truth of the averment of debt required to be made by a creditor petitioning for sequestration or claiming in a sequestration (Sc. 1946 A. D. Gibb Legal Terms 93); 6. oath of verity, id. (Sc. 1838 W. Bell Dict. Law Scot. 160, 379).4. Sc. 1700 Acts Parl. Scot. X. 213:
It was also moved that there be a clause added to the Act appointing the informer to give his oath of calumny and likewayes that he signe his information.Sc. 1870 D. Hume Trial for Crimes (1800) I. 205:
The pannel may call on the prosecutor to swear the libel, as it is styled; that is, to give his oath of calumny.Sc. 1838 W. Bell Dict. Law Scot. 125:
This oath of calumny . . . was in practice never put, unless the adverse party required it; and, when made, it was held as an oath of credulity or opinion merely.Sc. 1855 Session Cases (1854–5) 605:
The competence of the oath of calumny cannot be disputed, however much it has fallen into disuse.5. Sc. 1838 W. Bell Dict. Law Scot. 379:
The bankrupt statute, 54 Geo. III. c. 137, requires from the bankrupt and those connected with his affairs, and from the creditors, sundry affidavits, oaths of verity and credulity, and other declarations upon oath, as to which, . . . it may be observed, that, except against the deponents themselves, they are not legal evidence.6. Sc. 1734 J. Spotiswood Hope's Practicks 44:
The Point to be proven by them can be referred to the Oath of Verity of the other Party himself, and the Witnesses will be dismissed.Sc. 1805 Session Papers, Wright v. Johnstone (4 April) 30:
The following letters and oath of verity produced by the agent for Mr Wright.
