Legal Definitions - mainsworn

Mainsworn is a historical legal term, primarily used in northern England, that describes someone who has committed perjury. It refers specifically to the act of making a false oath while physically placing one's hand on a sacred object, such as a Bible or another holy book. Essentially, it means being "forsworn" or having broken a solemn promise made under oath in a particularly grave manner.

• Example 1: False Testimony in Court

  Imagine a 15th-century village court in Yorkshire where a man named Thomas is accused of stealing livestock. His neighbor, Eleanor, is called as a witness. She places her hand on the parish Bible and solemnly swears to tell the whole truth. However, Eleanor, knowing Thomas is guilty, deliberately testifies that she saw him at home all night, providing a false alibi to protect him.

  In this scenario, Eleanor would be considered "mainsworn" because she made a false oath under solemn circumstances, with her hand on a sacred book, intending to deceive the court.

• Example 2: Deceptive Land Claim

  Consider a medieval land dispute in Northumberland where two families claim ownership of a particular pasture. To settle the matter, the local lord requires representatives from both families to swear on a holy relic or a copy of the Domesday Book that their claim is legitimate. One family's representative, knowing their claim is weak and based on fabricated evidence, still places their hand on the book and swears to its truthfulness.

  This representative would be "mainsworn" because they knowingly made a false declaration under oath, using a physical gesture of solemnity on a sacred text, to gain an unfair advantage in the property dispute.

• Example 3: Broken Guild Oath

  In a medieval guild in Durham, a new apprentice is initiated into the craftsmen's ranks. To become a full member, he must swear an oath on the guild's ancient charter, a document considered sacred to the organization, promising to uphold its rules and secrets. The apprentice places his hand on the charter and swears, but he secretly plans to steal trade secrets and sell them to a rival guild.

  By making a solemn oath on the guild's sacred charter with his hand, while harboring an immediate intent to violate that oath, the apprentice would be considered "mainsworn." He has made a false promise under the most binding circumstances.