Page:The New International Encyclopædia 1st ed. v. 14.djvu/833

* GATES. 707 OATH. a chaplain in the navy, but was soon expelled. He now obtained the position of chaplain to the Protestant nieuibers of the Duke of iSorfolk's hoiiscliold. Here he met a number of Catholic priests, and presumably first contrived his plot of informing against Catholics. He associated with himself in KiTii a fellow clergj-man, Israel Tonge, and together they planned the various scluines. In order to carry these out. Gates pre- tended to become Calluilie, and in'lUTT was sent to the Jesuit College at 'alIadolid, and after- warils to Saint Omcr, but from both he was ex- pelled for misconduct, and in 1078 returned to Kngland. Taking advantage of the hostile state of the public mind toward the Catholics, Gates and Tonge induced, in l(i78, a Lancashire gen- tleman, Christopher Kirkby, to reveal to the per- sons interested fictitious details of a plot of Roman Catholics to murder Cliarles II. and make the Duke of York King. Terrible excitement re- sulted in London, and by the jierjurcd testimony of Gates and his followers, about thirty-five peo- ple lost their lives between 1078 and 1081, while Gates himself for a time received a large pension, lived in Whitehall Palace, and enjoyed great favor. A reaction, however, set in, and in 108-1 he was imprisoned. Upon the accessicm of James II. Gates was found guilty of perjury and sen- tenced to be pilloried, whipped, and afterwards imprisoned for life. Kather unex|)ectedly he sur- vived the terrible flogging, and after the Revo- lution of 1688 he was set at liberty. He died July 12j 1705. Consult: Burnet, Uistortj of His Oii'ii Time (London, 1883) ; Lingard, History of England, vols, ix., x. (ib.. 185.5) ; Maeaulay, His- tonj of Eitijhuid, vol. i. (New York, 1850-02). OAT GRASS. A popular name of a number of grasses whose inflorescence somewhat resem- bles the oat panicles, among them certain species of Avena, to which the oat belongs. Various species of Danthonia are called oat grass, but are not considered valuable either for hay or pasture. The best known oat grass is Arihena- thcruin chitiusi, a tufted perennial grass intro- duced into America from Europe, where it is highly prized for hay. It is common east of the Mississippi Itiver and is grown in the Southern States for hay and winter pasturage. It grows rapidly, resists drought well, and yields a large amount of leafy fodder, especially upon light soils. In some regions upon good soils if cuttings be made as soon as the grass is in flower or be- fore, three or four cuttings may be made during the season. After flowering it quickly becomes woody and less valuable. OATH (AS. a}), Goth, ai^s, OHO. cid, Ger. Eid, oath: connected with GIr. oclh, oath). A declaration or compact, in which the declarant confirms the truth of his assertion by invoking supernatural penalties on his head in the event of perjury. The punishment is often ceremonially represented, as when a victim is sacrificed, and the ])erson luaking a pledge ex])resses a desire that he himself, if he prove false, may undergo a like fate. In Araean. a native swears on a sword, a crocodile's tooth, or a thunderbolt (stone celt). The implication is that the weapon may wound him. the crocodile devour him, or the god who hurls the lightning smite him. In the He- brew ritual a sacrificial beast was cut in pieces and burned; the oath-taker then passed through the fire, in order to symbolize the fate which would punish his falsehood. Quite similar was the ancient Greek usage, in which an animal was slaughtered, and the pieces thrown into the sea; or the victim might bo burned on the altar; hence perhaps it became connnon to take oaths before altars, where the swearer touched the holy things, or raised his eyes and hands to heaven, where was supposed to dwell the deity who watched over the sanctity of compacts. Oaths were xisual in the case of every solenni agree- ment, public or private, relating to business, war, or politics; of this practice survivals remain in our official and judicial custom. In law, an oath is a solemn declaration or pledge, made by a person of disci-etion, before a properly authorized ollicer, tt) the eflect that a thing stated or promised by him is true, and with some ceremony belieed to be binding on the conscience of the de( larant, as by an appeal to Ciod to witness his good faith. With the development of Ronuin jurisprudence the practice of thus insuring the truthfulness of witnesses in legal actions became fixed and common, and continued in the civil law. In England, up to the time of the reign of William and Mary, no one could testify in a court of justice wiio did not believe in God. and recognize the doctrine of future punishment for sins. By the Toleration Act, 1 William and Mary, c. 18. § 13, Quakers were permitted to make a declaration of fidelity to the State, instead of the oath of allegiance; and by 7 and 8 William and Mary, the solemn affirmation of Quakers was made of equal weight with an oath, and was allowed in judicial proceedings when the privilege was claimed. In 1854 Parliament passed the 'Com- mon Law Procedure Act,' 17 and 18 ' Vict., e. CO, § 1, permitting any one whose conscience prevented him from taking an oath, or who did not believe in its binding efficacy, to make a •solemn affirmation instead. The 'Oaths Act,' 51 and 52 Vict., c. 46. nuide further liberal pro- visions in regard to oaths and affirmations. With reference to their legal efi'ect. oaths are considered assertory', judicial, or extra-judicial. An assertory oath is one required by law other than one for use in judicial proceedings, as an oath of office, or a revenue or custom-house oath. False swearing in such .a case does not amount to perjury, but in most jurisdictions, and in the acts of Congress, there are statutory pro- visions making it a crime. A judicial oath is one required by law in, or for use in. a judicial proceeding, and a false statement made under such an oath is punishable criminally. An extra- judicial oath is one which is voluntarily taken, and not intended for use in a legal proceeding, as an oath taken merely to convince some one in a private transaction of the good faith of the declarant. Its falsity does not constitute a criminal offense. The most important class of oaths affecting the general public are those which are required to enforce the truth from witnesses in courts and legal proceedings. Where a statute requires an o.ath to be administered, it is held that only per- sons having sufficient understanding to know the nature and obligations of such a ceremoyy may be sworn. Therefore, children and mentally de- ficient persons who are not able to comprehend the difference between right and wrong are often excluded from testifying in legal actions. In most of the United States a witness may either