Cruel trilemma

The ex-officio oath (which precided the 1717 case ruling of miranda.) was an English judicial and ecclesiastical weapon developed in the first half of the seventeenth century, and used as a form of coercion, persecution, and forcible self-incrimination in the religious trials of that era. It took the form of a religious oath made by the accused prior to questioning by the Star Chamber, to answer truthfully all questions that might be asked. It gave rise to what became known as the "cruel trilemma" where the accused would find themselves trapped between a breach of religious oath (taken extremely seriously in that era, a mortal sin, and perjury), contempt of court for silence, or self-incrimination. The name derives from the questioner putting the accused on oath ex officio, meaning by virtue of his office or position.

Outcry against this practice (particularly in the trials of John Lilburne ("Freeborn John") around 1630 - 1649) led to the establishment of the right to not incriminate oneself in common-law. This was the direct precursor of similar rights in modern law, including the right to silence and non-self-incrimination in the Fifth Amendment to the United States Constitution. The right itself appears as item 16 in the Levellers Agreement of the Free People of England (1649) and first appeared in US law in the Massachusetts Body of Liberties and the Connecticut Code of the same era. The Star Chamber itself, as a judicial body, was abolished by Parliament as part of the Habeas Corpus Act 1640.

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