The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1885-12-16


the remarks Of Judge Baer to the first jury
called IN Monday The habit of affirming
that he calls attention to has become SO
/ prevalent as 10 call for remark from every
stranger that visits our courts There are s
great many good, true. honest men in the
county who are conscieniioasiy opposed &c
taking an oath in any form. When such
meli alfirm they are entitled to great credit
for having the courage Of their convictions
and their scruples on this point viii be fully
and freely acknowledged by the Court; but
great many people have got into the habit
Of affirming simply because they consider
| ii less binding on their consciences, and the
Court has decided TO prevent tins by requir
ing every one to take the oath in one of the
forms prescribed by the Act of Assembly
unless they show that they have conscien-
tious scruples in the matter. The Courts
action meets with general approval and
hearty commendation.
GENTLEMEN From some remarks made
in your presence, when constables and
grand Jurors were about to be sworn, you
would naturally infer that the Court looks
upon the growing custom Of men in judicial
proceedings claiming TO make simple affir-
nation instead of making direct appeal to
Almighty Gcd, in confirmation of truth, by
taking one of The solemn forms of an oath,
as custom fraught with great evil to the
public good, nd tending TO weaken the
sanction of oaths or affirmations in any
form, and to demoralize judicial proceed
ings. We have no doubt of it, whatever.
No one has greater respect for that noble
class of Christians who make liberal ap-
plication of the teachings of the Master in
Matth. 5 from "a to 3S; say unto you,
swear not at all; neither by Heaven, for it
is Gods throne; nor by the earth, for it is
His footstool neither by Jerusalem, for it
is the city of the Great King neither shalt
thou swear by thy head, because thou canst
not make one hair black or white but let
your communication be yea, yea, nay. nay
for whatsoever is more than these, comsth
ofeviI"
And also of the passage in the Epistle Of
James. 5:l2. Above all my brethren. swear
not, neither by Heaven, neither by the earth,
neither by any other oath, but let your yea
be yea and your nay nay, lest ye come into
condemnation.
Aud though personally do not agree that
these passages have any reference whatever
to the taking of an oath in judicial proceed
ings, | nevertheless give all men credit for
equal sincerity and pure motives who con-
strue them differently, and as by law men
may qualify themselves according to their
conscientious persuasion by taking corpo-
raj oath or an affirmation, no one will more
cheerfully concede the right of all good citi-
zens to decide for themselves whether they
shall conscientiously refuse to take the oath.
and when any one refuses to take the cor
poral oath on account of conscientious per-
suasion we shall permit him to affirm. The
law reads:
Be Il enacted, That all and all manner of
crimes and offences, matters and causes
whatsoever to be inquired of, heard. tried
and determined, by virtue of this or any 9TH
er act or law of this province, or otherwise,
shall and may be inquired of, heard, tried
and determined by judges, justices, inquests
and witnesses qualifying themselves accord
ing TO their conscientious persuasion respec-
lively, either by taking a corporal oath, or
by the solemn affirmation allowed by act of
parliament TO those called QuaKers, in Great
Britain which affirmation of such persons
as conscientiously refuse TO take an oath,
shall be accounted and deemed in the law
TO have the fun effect of an oath, II any
case whatsoever in this province. And all
such persons as shall be convicted of falsely
and corruptly affirming or declaring any
matter or thing, which, il the same bad been
upon oath. would by law amount to willful
and corrupt perjury shall incur the same
penalties. disabilities and forfeituIes, as per
sons convicted of willful perjury DO incur by
the laws of Great Britain.
All and all manner of crimes, offences,
matters, causes and things whatsoever, to be
inquired of, heard tried and determined. or
done or performed, by virtue of any law in
this province, or otherwise, shall and may
be inquired Of heard, tried and determined,
by judges, justices. witnesses and inquest,
and all other persons qualifying themselves,
according to their conscientious persuasion
respectively, either by taking the solemn af-
firmaiion, or any oath in the usual and com
mon form by laying the hand upon and
kissing the book. or by lifting up the right
hand. and pronouncing or asserting to the
following words: l. 4. B., do sceU BY IL
mighty God. the searcker Of Hhearts, dat riH
-: and AGf as shall ans,ger 10 God at
iAe great day. Which oath so taken BY per-
sons who conseientIously refuse to take an
oath in the common form, shall be deemed
and taken in law, to have the same effect
iih an oath taken in the common form.
Whether a strict construction of the
word persuasion, as used in the law refers
to the creed or belief of one who is mem
Der of particular Christian church that
teaches the unlawfulness of taking a
corporal oath, we will not now discuss
or decide, though how it should be made
TO apply to persons of full age, standing
aloof from all church connection. not
Mohammedan, Catholic or Protestant, I'VE
can't well conceive
Under the old dispensation we read, Deut.
1920: Thou shalt fear the Lord thy God
Him shalt thou serve, and to Him shalt
thon cleave, aud shalt swear by His name" +"
Ifthe new lispensation only binds those
accepting Chr ist, the old is, besides being the
law to the Jews, in harmony also in this
point with the Law of nature and o5ligitin +,
on all, snd in it we read not Of affirmation
A lawful oath forms a part of the moral
worship. and the moral worship Of God is
perpetual The safety of communities and
men consists in the maintenance of truth.
An oath is a calling on God, as the one who
knows the heart that he will bear witness to
the truth, and punish ne if swear falsely.
That the Apostles made use of an oath is TOO
plain for cayil; st. Paul says, God is my
witness whom serve with my spirit in the
Gospel of His Son. that without ceasing