Page:Bradlaugh, The Right to Affirm.djvu/5

 This Act, which applies to England, Ireland, Scotland, and Wales, is now the only law affecting Freethinkers as to oath or affirmation. The common law is abrogated and the statute law repealed by the passing of the new Oaths Act. It has had the effect of making persons without religious belief competent to give evidence in Scotland as well as in the rest of the United Kingdom. It has repealed the enactments of the Evidence Amendment Acts, 1869 and 1870, which in England, Ireland, and Wales required the presiding judge to be satisfied that an oath was not binding on the conscience of the witness.

A witness called upon to give evidence should, when he has entered the box, say quietly but clearly: "I object to be sworn, on the ground that I have no religious belief". He is then entitled to affirm, and the officer whose duty it is to administer the oath to witnesses who are sworn is bound, without further statement, to permit the witness to make the simple affirmation provided by the above Act. Neither the judge nor any officer of the court, nor the counsel or solicitors in the case, have any right to put any question, to the witness as to his views on religion. If any question be put by a judge of the High Court, the witness should say: "My lord, I respectfully submit that, having made my objection in the exact words of the statute, I am now entitled to affirm without any question, and that I am not bound to answer any question". If the presiding officer be a County Court judge or coroner, the words "your honor" should be used instead of "my lord", or in the case of a police magistrate "your worship". Should the judge persist in questioning the witness as to his opinions he should be met by a respectful but distinct refusal to answer. If the witness be before a coroner, and