The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-08-14
PASSING 0ATHS I'M COURT.
Are Growing Obsolete and kissing
the Book" is Unsanitary.
(st. Louis Post-Dispatch.)

kissing the book is going out of vogue
in the United States and lately there has
been an almost united chorus from Brit
ish Judges in favor of a change in taking
the oath in legal proceedings, especially
with regard to kissing the book" Re-
Gently Judge Smyly gave instructions that
a testament kissed by consumptive pa
tient should be destroyed.
OF all the many forms used in the
courts, perhaps the most picturesque is
that which the Mohammedan is required
to take. 1t Is a silent ceremony. The
son of Islam places his right hand flat
upon the Koran and puts the other on
his forehead; then he brings his forehead
down to and in contact with the book.
He then raises himself and looks up
steadfastly for some seconds. The officer
of the court then-thOugh he sometimes
forgets this-aSks the Mohammedan
Are you bound by the ceremony you
have performed to speak the TRUTH" And
the answer is: Il am In India the cere-
mony has been abolished in favor of an
affirmation
The most literary and comprehensive
oath is that administered to the Buddhist
The officer says to the asserting follow
er of Guatama: You declare as in the
presence of Buddha that you are I'M
prejudiced, and If what you speak shall
prove false, on If by your cOloring truth
others shall be led astray, then may the
three holy existences. viz, Buddha,
Dhamma and Phro Sangha, in whose
light you now stand, together with the
glorious devOtees of the twenty-five fir
maments, punish you and also your mi
grating soul"
The Parsee places his hand on the
Zendavesta and says: 81 swear that the
evidence ! shall give shall be the truth,
by God, by God omnipresent, by God
omnipotent, the God Almighty"
Quakers, ex-Quakers and Moravians
are, Of course, allowed to affirm. but in
England their affirmations must mention
that they did so because an oath is con-
trary to their religious belief; and now
any one may affirm If he will declare
that he has no religious belief or that an
oath is contrary to his religious belief.
In France. Austria and Belgium the
oath is taken practically in the Scotch
fashion-that is to say, the Deity is in
voked with upiifted hand.
In England custom requires the kiss
ing of the Bible. No mention is made
of it in the Book of Oaths,'' published
in 1859. Lord Coke, in his famous I'm
taking the oath in his time, says that
the witness touches the Bible during the
ceremony. 1T is called" he says, "a
corporal oath because he toucheth with
his hand some part of the Holy Scrip
ture"
1t became general toward the close of
the eighteenth century, and in all prob
ability this was due to. the great efforts
made during that century by certain
early Bible societies to disseminate the
Scriptures throughout the country.
One step, at any rate, has been made
to introduce the Scotch system into Eng
land. The oaths act of 1888 permits
any Christian or Jew to take his oath
without allowing any question as to
his form Of religious belief being asked
of him. At that time judges and mag
istrates did their best to make the act
imperative, but the home office issued
strong circular on the subject and since
then the practice has steadily increased.
After all, why not? The form is won
derfully dignified. The witness raises his
hand high above his head and says: IT
swear by Almighty God (as 1 shall an
swer to God at the great day of judg-
menD I will speak the truth, the whole
truth, and nothing but the truth"
But the days of oaths are passing.
Already the oaths required of some scores
OF classes of individuals-for laborers,
weavers. ale-tasters and all sorts and con-
ditions We're at one time required to take
solemn oaths to do their work we'll
have been abolished; and in the light of
the perjury now committed there is a
strong section of legal reformers who
would initiate Germany and abolish the
oath as test of a persons truthfuIness.