Legal Definitions - legem amittere

Legem amittere is a historical legal term that refers to the loss of the privilege to take an oath. This consequence typically arose because an individual had been convicted of a serious crime, which was believed to compromise their trustworthiness and credibility in legal proceedings.

Here are some examples illustrating this concept:

• Example 1: Imagine a merchant in 17th-century England who is found guilty of repeatedly committing fraud and perjury in business dealings. As a result of these convictions, a court might declare that he has suffered legem amittere. This would mean that in any future legal case, he would no longer be permitted to swear an oath, and his testimony would be considered unreliable and inadmissible under oath, significantly diminishing his standing and ability to participate effectively in court.

  This example illustrates legem amittere because the merchant, due to his criminal convictions for dishonesty, loses the fundamental right to provide sworn testimony, reflecting a historical judgment on his credibility.

• Example 2: Consider a peasant in medieval France who is convicted of a serious felony, such as grand larceny. Beyond any immediate punishment like imprisonment or fines, the legal system might impose legem amittere. If this individual were later involved in a land dispute or accused of another minor offense, they would be unable to take an oath to affirm their innocence or provide evidence, as their prior conviction had stripped them of that legal privilege.

  This example demonstrates legem amittere by showing how a conviction for a grave crime historically led to a permanent loss of the ability to swear an oath, impacting one's legal standing in subsequent matters.

• Example 3: In some ancient legal systems, a person convicted of treason against the crown or state could face not only severe penalties but also the complete forfeiture of their legal rights, including the capacity to take an oath. If such an individual were later called as a witness in a trial concerning a family member, they would be barred from giving sworn testimony, as their conviction for treason had rendered them untrustworthy in the eyes of the law, embodying the principle of legem amittere.

  This example highlights legem amittere by illustrating how a conviction for a high crime could historically result in the loss of the privilege to take an oath, thereby disqualifying an individual from providing credible, sworn testimony in any legal context.