The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1903-01-01

The bill introduced into the Virginia
Legislature BY Mr.. McIlwsine to DO away
with the practice OF kissing the Bibie in
the court room is naturally exciting con-
siderable comment. both in and out Of
that State. So far as we have kept W
with them these comments are generally
favorable to the hin, both from the stand
point Of health and common decency. The
Norfolk virginian-Pilot draws a vivid
picture Of the condition Of the average
court house Bible. and pictures case
where filthy and perspiring negroes. just
from the fields in the heat Of summer,
are required to handle and kiss the book,
and the next witness to go through the
ceremony may be delicate and refined
woman. The paper adds:
We have a pretty poor opinion Of the
chivalry OF the Virginia Legislator who
would not vote to relieve the white wo-
men OF Virginia from the revolving neces-
sity of kissing the sort Of book we have
described; and any one who has had oc.
casion to observe to any extent proceed-
ings in court knows the description was
not overdrawn.
We doubt IL the picture is at all over
drawn. judging from our own observation,
and from what we have heard. 1t Ia no,
possible to keep book clean and nice
under the circumstances, nor is It practi-
cable to have new Bible furnished for
every witness. They must follow each
other. however much the stomach may
revolt at the ordeal.
After all is said, the practice in such
general use In our courts is only a form
which comes down to us from England.
where 1t dates back to the Middle Ages.
In the old times. and among the early
Jews the oath was taken holding in the
hand the scroll Of the law Cor the phyIac-
teries) ceremony itself probably derived
from Roman CUSTOM" says one author ".
The usual form among the early Chris
tians. we learn, was to lay the hand on
the gospel" The sacred books of >.other
religious beliefs are used, as the Koran
by the Mohammedans, the vedas by the
Hindoos, and SO on. Another authority
tells us that ''the usual practice in Eng
land and ireland is for the witness after
hearing the oath repeated by the officer
OF the court. to kiss the four gospels by
way of assent" but in Scotland, 1t is
added. the same form Is gone through but
without kissing the. book.
In the early days we hear nothing about
kissing the book. AS writer in a mod
ern treatise on the subject remarks: ..Tbe
mere form Of taking the oath Is inmate
rial; the witness 10 allowed to take the
oath in whatever form he considers most
binding on his own conference.-the essen
tial thing being however, that the wit
ness acknowledge some binding effect de-
rived from his belief in God or a future
state"
As before remarked. the practice of kiss
ing tho book did not obtain among the
early Christians. even after they adopted
the form Of holding some part Of the BIZ
BILE in their hands. kissing 1t dates back.
a. stated. to the Middle Ages in England,
and we get the form from the mother
country. as We set many other matters
pertaining to laws and courts.
Just why kissing the Bible after taking
the oath should make the latter more
binding In q question that would be hard
to answer. Any well informed person
knows that there are numerous cases oc-
curing every day and in various places
ana under various circumstances where
oaths are administered without a Bible or
Testament and 1t will, we think. hardly
be commended that they are any less bind
ing than those administered in the court
house. In fact, the whole matter re-
solves itself down to this: IL kissing the
Bible is necessary to make an oath bind
ing then all other forms are invalid and
we are forced to the admission that peo-
pie are being sworn every day and every
where In manner which is not valid or
binding. and that they could not be pun
ished for perjury II they testify falsely
OF course this argument would be ride
ulous. but 1t would follow the claim that
an oath must be administered on the BIZ
BILE and the book must be kissed or the
witness is not properly sworn. The truth
Is that a man who can DO bound by an
oath can be bound without k ~ the
Bible. and II this practice Is abolished
we have no fear that perjury will abound.