JUDICIAL OATHS.

West Coast Times, Issue 214, 26 May 1866, Page 2

JUDICIAL OATHS.

TO TIIE EDITOR OF TUB [WEST; WAST TIMES, Sib,— l beg to thank you for the favor rendered to jne last Saturday, in gtyingii&y lottor a place in your journal, and I venture again to request a similar favor for the following remarks; 'explanatory and apologetio to thoso porsons who may have, felfc their religious feelings • shocked bjr tbV seemingly irreverent and unwarranted manner in whioh I spoke of "Tho Book >''< and a*' Instructive' 1 to tIiOBO who may yet doubt my right to olaim oxoinption from., tho ordinary form of taking an onth. ' 6 Tho manner of .administering ,an .oath in tho Scotch Courts o'f 'Justice 'differs in several important points from ,that adopted in the English Courts. In 'Scotlatia; the ceremony assumes tho form of a solemn religious'.rito, m which tho highest dignatory presont on the Bonoh is ordainod to officiate in administering tho oath to the I 'humblest individual who May come into the Court to give e,videnco j "the words iv genoral used are , these :—" I, A B~ —, BWearj by .ju&iglity God, and, as I shall answer, to God, at the . great'. DayOf Judgment, that I will toll tho truth, tho whole truth, and nothing but the truth,? In adminißtormg tho oath the judga stands up and holds aloft his' barb right hand; tho witness does so likewise, and repeats, after tho judge, in an audiblo aud , reverent rdic^, tho words of tho above solemn appeal mi. awful adjuration ; tho words tying epd&d the rito ia coniplbto ; thero is no necessity to J'kiss tho book," an • abt ' whioh" an intelligent, religious . Sco'tohinan, .' looks upon with as much abhorrence, as he would upon kissing a orucifix or worshipping the elements of the Lord's Supper, of any oilier act of idolalviouß worship j for, I while he sincorolv belieres that the Holy Bible contains God's message to man, and therefore Books to render all Holy reverence and ©bedionco thereunto, and bows in humble adoration of Him who Beut the message 5 yet does htt hold it Binful'tb worship the medium ihWugh which that message is conveyed Scotchmen flfivo long been vory careful to p vespvyo \}\^

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bHn bf buth ihtnbfc i 6o highly did they pri^of; that, iv preparing tilo ireaty of unib'n jetween Scotland and England, it vriis oxgrossly stipulated that , tlie form should not >nly bo retained in Scotland, but that the jbo, ojf it^ should be ( a tjrivilego emended to icotchttietl m aU'cb'urts of ju'sticb throughout no British dominions} consequently, wheii Scotchman in a British Court of Justice ask to be sworn in tho Scotch manner, they seek it ' not qs a favor whioh the judgo may grant or withold at his pleasuro, but as a right which he will refuse at his peril. Tho privilego of tefusing to " kisa the book " t , is not alono confined to Scotchmen, but hits- \ ,jn modern tunes beon oxtendod to every pev- ' jsonwhohpsn conscipnoious preference for any _ ether, form of religious swearing; to those , , who, beliere all oaths to be sinful) to those who ' have not sufficient knowledge to onablo them to understand any religious form ; and to • those who Consider that all religion ib folly, „ the law provides that they shall be permitted ,to,i testify, on their making an affirmation or ae"plaratibn instead of taking tho customary dath.' In 'Short , the rule How is, that all men, flf whatever country, colour, or religion; shall bb ; eligible to givo evidence in our Courts of Jus- ' tied, arid that without suffering violence to any gleouliar viows Which they may entertain on 'Religious matters. My authority for tho ribovo viows of tho law iiiay bo found in tho following Act* of Parliament, viz. ! — 53 Goo. iii., o, 127. sec. 23 ; 9 Gqp;, lv,, ,o. 8S jlBj 1 8 and 4 Wil: iv., o. 49, and . 8. M t 1 Vie o. 16 j and in tho laws of N»w Zealand regulating judicial proceedings Amongst tho natives. I am, Sir. yours. &0., James M'Haffib.