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CALUMNY

Volume 3 · 186 words · 1778 Edition

the crime of accusing another falsely, and knowingly so, of some heinous offence.

Oath of Calumny, Juramentum (or rather Jura-randum) Calumnie, among civilians and canonists, was an oath which both parties in a cause were obliged to take; the plaintiff that he did not bring his charge, and the defendant that he did not deny it, with a design to abuse each other, but because they believed their cause was just and good; that they would not deny the truth, nor create unnecessary delays, nor offer the judge or evidence any gifts or bribes. If the plaintiff refused this oath, the complaint or libel was dismissed; if the defendant, it was taken pro confesso. This custom was taken from the ancient athletes who, before they engaged, swore that they had no malice, nor would use any unfair means for overcoming each other. The juramentum calumnie is much disfavored, as a great occasion of perjury. Anciently the advocates and prosecutors also took this oath; but of late it is dispensed with, and thought sufficient that they take it once for all at their first admission to practice.