Abstract

In the long eighteenth century, the judges at the Old Bailey came to allow Jewish, Scottish, Muslim, Hindu and Chinese witnesses, but not Quakers, to swear oaths according to their own cultural practices. Although a non-Christian witness might be able to give testimony under oath, the jury still had to assess the veracity of the evidence. The increasingly adversarial mode of felony trials in the eighteenth century made the separation between who was legally able to testify and who was credible more pronounced. Barristers and prisoners raised concerns about the oaths of blacks and non-Christians as a means of impugning the truthfulness of a witness.

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