Also known as: mainsworne · perjured · forsworn
Written by attorneys · grounded in primary & secondary sources — see below
An archaic designation for a person who has committed perjury by swearing a false oath while placing a hand upon a book.
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Damon tells his lawyer that a cousin will provide an alibi at trial. Damon later admits the cousin was not present and the story is invented. If Damon proceeds to offer the testimony under oath with his hand on the book, he becomes mains worn and the lawyer must refuse to assist.
An inspector testifies at trial that a defendant knowingly filed false safety reports. Eight months later the inspector admits parts of the testimony were inaccurate. The inspector who originally swore falsely on the book is mains worn, and the court may consider vacating the judgment if justice requires.
A retiring physician swears under oath with hand on the book that a partnership orally promised to buy his 99-year ground lease. When the partnership later denies the promise, the physician who gave the false testimony is mains worn and the statute of frauds bars enforcement.
A homeowner signs an affidavit swearing that a racial covenant remains in force on the property. The homeowner places a hand on the book and affirms the statement. The homeowner is mains worn because the covenant is judicially unenforceable under equal protection principles.
A prosecutor offers a witness who swears under oath with hand on the book that the defendant committed robbery. The prosecutor later learns the testimony was fabricated. The witness who gave the false oath is mains worn, yet the prosecutor retains absolute immunity from suit.
A public employee swears under oath with hand on the book that a supervisor directed unlawful conduct. The statement is later shown to be false and unrelated to official duties. The employee who made the false oath is mains worn and receives no First Amendment protection.
It describes a person who has committed perjury by swearing a false oath while placing a hand on a book. The term originated in northern England and is now archaic.
Yes. The term was used primarily in northern England and is labeled historical in legal dictionaries.
Mains worn identifies the person who has sworn falsely on a book. Modern rules on perjured testimony, such as those governing counsel's duties, address the same conduct without using the archaic label.
…86 (1923). And see Frank v. Mangum , 237 U.S. 309 (1915). Convictions obtained by coerced confessions,[^maj-16] by the use of perjured testimony known by the prosecution to be such,[^maj-17] or without the effective assistance of counsel,[^maj-18] have also been held to be exertions of state authority in conflict with the…