The Scottish oath or “oath in the Scot’s Form” is a distinctive form of oath traditionally used in courts in Scotland. Although rarely used in modern times, the form of oath can be used to swear an affidavit.
The oath is distinctive in that it requires the person taking the oath to swear with their hand uplifted into the air, and it does not require a Bible to be used. The words used for an authentic and original Scot’s Form of oath were set out in an article in the British Medical Journal in 1892 (Br Med J. 1892 December 24; 2(1669): 1396–1397):
In the case of the witness oath, the Scotch words are: ” I swear by Almighty God [and as I shall answer to God at the Great Day of Judgment] that I will speak the truth, the whole truth, and nothing but the truth.”
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The article goes on to state that the words denoted in square brackets, while unquestionably authentic and original, are often omitted in practise. The BMJ article then states that the oath should be administered as follows:
In all cases the witness takes the oath standing, with the bare right hand uplifted above the head… [They] should have the correct words said over to [them], and should repeat them. No book or other symbol is used, and the oath is complete as soon as the words are said.
Statutory provisions in many jurisdictions expressly allow an oath to be sworn in the Scots form. A typical example is s 3 of the Oaths Act 1978 (UK):
3 Swearing with uplifted hand.
If any person to whom an oath is administered desires to swear with uplifted hand, in the form and manner in which an oath is usually administered in Scotland, he shall be permitted so to do, and the oath shall be administered to him in such form and manner without further question.
Occasional references to the Scots form of oath can also be found in case law. Examples include R v Nichols [1975] 5 WWR 600; 1975 CanLII 250 (AB QB) (Canada) and Damon v R [1985] TASSC 6 (Australia).
Image credit:Scotland” (CC BY-SA 2.0) by Secret Pilgrim
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