# Is it true that the tradition of raising the right hand in court was to check for branding? **URL:** \ **Category:** Factual Questions\ **Created:** [May 1, 2023, 12:19am UTC](https://boards.straightdope.com/t/is-it-true-that-the-tradition-of-raising-the-right-hand-in-court-was-to-check-for-branding/983395 "2023-05-01T00:19:33Z")\ **Posts on this page:** 9\ **Page:** 1
**Author:** ![Moriarty](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/moriarty/32/49_2.png) [@Moriarty](https://boards.straightdope.com/u/Moriarty)\ **Post date:** [May 1, 2023, 12:19am UTC](https://boards.straightdope.com/t/is-it-true-that-the-tradition-of-raising-the-right-hand-in-court-was-to-check-for-branding/983395/1 "2023-05-01T00:19:34Z")
I just came across this online, but I’m not certain if if it’s accurate. The story goes that the reason people are asked to raise their right hand when being sworn in is to see if they have been branded a criminal. I’m skeptical. I do find references online to branding of the hand as punishment\*, but I always thought it had to with swearing before god. What’s the straight dope? - > [@](#): > > In July 1738, in York, one **Matthew Ellerton** was ‘burned in the hand’ for stealing four quarters of mutton, and **Mary Aughton** (otherwise **Joy** ) was burned in the hand for marrying two husbands, **Peter** Joy and **John Aughton**. > > In 1754, the Derby Mercury opined that burning in the hand was an inadequate punishment for such a contempt of the law as bigamy, and the great and irreparable injury done to the second spouse. > > The punishment continued to be dished out. In 1758, at Warwick, a **George Reynolds** was sentenced to burned in the hand for ‘robbing’ (burgling) a malt-house – with the addition that he was to be enlisted as a soldier. And in 1763, there was a case with a Cumbrian connection. A man from East Grinstead, Sussex, was branded for bigamy: his first wife having been a woman from Clifton, in Westmorland. He’d changed his name and found people to give him good character, in order to marry a woman of fortune. > **[Branded, burned, hanged – punishments in the 18th century - Cumbrian Characters](https://crimesofthecenturies.com/index.php/2021/10/04/branding-punishment-1700s/)** > > Judges in the 18th century had some grisly options for punishment, like burning at the stake, and branding. Meanwhile, punishment for what seem relatively minor crimes could be severe, while offences we see today as dreadful got a lighter sentence. ---
**Author:** ![Kent\_Clark](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kent_clark/32/105_2.png) [@Kent\_Clark](https://boards.straightdope.com/u/Kent_Clark)\ **Post date:** [May 1, 2023, 1:01am UTC](https://boards.straightdope.com/t/is-it-true-that-the-tradition-of-raising-the-right-hand-in-court-was-to-check-for-branding/983395/2 "2023-05-01T01:01:54Z")
The Washington State Bar Association thinks so. > **[Why Do We Raise Our Right Hands When Testifying Before the Court?](https://nwsidebar.wsba.org/2013/10/21/raise-right-hand-court/)** > > Learn the painful historical beginnings of this now commonplace courtroom ritual. “Please raise your right hand to take the oath” is a phrase that has become commonplace in the modern courtroom and… ---
**Author:** ![PatrickLondon](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/patricklondon/32/4422_2.png) [@PatrickLondon](https://boards.straightdope.com/u/PatrickLondon)\ **Post date:** [May 1, 2023, 6:21am UTC](https://boards.straightdope.com/t/is-it-true-that-the-tradition-of-raising-the-right-hand-in-court-was-to-check-for-branding/983395/3 "2023-05-01T06:21:23Z")
In the UK we don’t raise the right hand. If you’re taking a religious oath, it’s “Take the book in your right hand”, if not you just read the text for an affirmation ---
**Author:** ![bob\_2](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bob_2/32/3341_2.png) [@bob\_2](https://boards.straightdope.com/u/bob_2)\ **Post date:** [May 1, 2023, 8:45am UTC](https://boards.straightdope.com/t/is-it-true-that-the-tradition-of-raising-the-right-hand-in-court-was-to-check-for-branding/983395/4 "2023-05-01T08:45:20Z")
I think that these days you just put your hand on whichever holy book you select. > You will [then] be asked to take the oath (if you are 14 or over). This means you have to swear to tell the truth on the holy book of your religion. If you prefer, you can affirm (promise) to tell ‘the truth, the whole truth and nothing but the truth’.The usher should ask you whether you want to affirm or swear on a holy book before you go into the courtroom. ---
**Author:** ![PatrickLondon](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/patricklondon/32/4422_2.png) [@PatrickLondon](https://boards.straightdope.com/u/PatrickLondon)\ **Post date:** [May 1, 2023, 9:08am UTC](https://boards.straightdope.com/t/is-it-true-that-the-tradition-of-raising-the-right-hand-in-court-was-to-check-for-branding/983395/5 "2023-05-01T09:08:28Z")
Nor, come to think of it, do we put a hand over our hearts during the national anthem. We just (mostly) stand up straight and either join in the singing or not. ---
**Author:** ![Lord\_Feldon](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lord_feldon/32/341_2.png) [@Lord\_Feldon](https://boards.straightdope.com/u/Lord_Feldon)\ **Post date:** [May 1, 2023, 9:33am UTC](https://boards.straightdope.com/t/is-it-true-that-the-tradition-of-raising-the-right-hand-in-court-was-to-check-for-branding/983395/6 "2023-05-01T09:33:57Z")
> [@PatrickLondon](#): > > In the UK we don’t raise the right hand. [They do in Scotland](https://www.scotcourts.gov.uk/docs/default-source/elu-virtual-courts-training-documents/sheriff-court-professionals/criminal-hearings/webex-meetings/4-vulnerable-witnesses.pdf?sfvrsn=bdfc49ea_2) (PDF): > Oath – This is a solemn undertaking by a witness to give truthful evidence. You can take the oath > in the normal manner by raising your right hand (with no Holy Bible or other Holy book) or swear > an oath on one of the available Holy books. The Sheriff will ask the following: “Do you swear by > Almighty God that you will tell the truth, the whole truth, and nothing but the truth?”. > > Affirmation – Where a witness has no religious belief, then affirmation is the appropriate solemn > undertaking. You will be asked to raise your right hand. The Sheriff will ask the following: “Do you > solemnly, sincerely and truly declare and affirm that you will tell the truth, the whole truth, and > nothing but the truth?”. ---
**Author:** ![PatrickLondon](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/patricklondon/32/4422_2.png) [@PatrickLondon](https://boards.straightdope.com/u/PatrickLondon)\ **Post date:** [May 1, 2023, 9:45am UTC](https://boards.straightdope.com/t/is-it-true-that-the-tradition-of-raising-the-right-hand-in-court-was-to-check-for-branding/983395/7 "2023-05-01T09:45:35Z")
I beg Scotland’s pardon. ---
**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\ **Post date:** [May 2, 2023, 1:15am UTC](https://boards.straightdope.com/t/is-it-true-that-the-tradition-of-raising-the-right-hand-in-court-was-to-check-for-branding/983395/8 "2023-05-02T01:15:51Z")
> [@PatrickLondon](#): > > If you’re taking a religious oath, it’s “Take the book in your right hand”, Used to be that the English oath involved actually kissing the Bible. Which led to the quote by Robertson Davies, about a “lady of uncertain virtue”: “She’s been kissed as often as a police court bible, and by much the same class of people.” Years ago, I did see a police officer actually kiss the book before testifying. ---
**Author:** ![ASL\_v2.0](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/asl_v2.0/32/3525_2.png) [@ASL\_v2.0](https://boards.straightdope.com/u/ASL_v2.0)\ **Post date:** [May 2, 2023, 2:58am UTC](https://boards.straightdope.com/t/is-it-true-that-the-tradition-of-raising-the-right-hand-in-court-was-to-check-for-branding/983395/9 "2023-05-02T02:58:54Z")
I thought burning/branding of the hand wasn’t a punishment per se, but rather a mark for having taken the benefit of clergy, with clergiable offenses being those lesser felonies (back in the day when all felonies were, at least nominally, to be punished by death) which could be granted leniency at the court’s discretion. The branding was to make sure it wasn’t available to repeat offenders.