Affirmation in law

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For other uses, see Affirmation (disambiguation).

In law, an affirmation is a solemn declaration allowed to those who conscientiously object to taking an oath. An affirmation has exactly the same legal effect as an oath, but is usually taken to avoid the religious implications of an oath. In some jurisdictions, it may only be given if such a reason is provided.

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[edit] United Kingdom

Since 1695 the right to give an affirmation has existed in the United Kingdom. This right has developed since the 17th Century (An Act that the Solemne Affirmation & Declaration of the People called Quakers shall be accepted instead of an Oath in the usual Forme William III, 1695-6)[1]. and is now embodied in the Oaths Act 1978, c.19 [2] .

It has its origins in the refusal of Quakers (also known as the Religious Society of Friends) to swear any oath, which would otherwise have barred them from many public positions. Quakers believe in speaking the truth at all times, and so the act of only swearing to truth in court, rather than in everyday life would imply double standards. As in James 5:12, they tried to "let your yea be yea and your nay be nay".

The cause for such a right is best shown in cases such as R v William Brayn (1678). Here, William Brayn was charged with the theft of a horse from Quaker Ambros Galloway. Brayn pleaded 'not guilty'.

One witness testified that the horse was owned by Ambros Galloway; and another witness said that he [probably Galloway] bought it from Brayn. As Galloway was a Quaker, he would not, "for conscience-sake", swear and so could give no testimony. The Court directed the jury to find Brayn 'not guilty' for want of evidence, and committed the Quaker, "as a concealer of Felony", for "refusing an Oath to Witness for the King".[3]

Some Christians, who may not be Quakers, refuse to swear oaths, based on Jesus' prohibition in the Sermon on the Mount. The relevant part is:

I say unto you, Swear not at all; neither by heaven; for it is God's 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 white or black. But let your communication be, Yea, yea; Nay, nay: for whatsoever is more than these cometh of evil.

-Matthew 5:34-5:37, King James Version

[edit] United States of America

The final draft of the 1787 Constitution of the United States makes four references to an "oath or affirmation": In Article I, Senators must take a special oath or affirmation for the purpose of sitting as the tribunal for impeachment; in Article II, the president is required to take a specified oath or affirmation before entering office (see oath of office); in Article VI, all state and federal officials must take an oath or affirmation to support the U.S. Constitution; and in Amendment IV, all search warrants must be supported by evidence given under oath or affirmation.

[edit] See also

[edit] References

  1. ^ Statutes of the Realm: Volume 7. 1820 British History Online, the Institute of Historical Research and the History of Parliament Trust. Accessed 19 February 2008)
  2. ^ Full text of the Oaths Act 1978 is accessible at The UK Statute Law Database (accessed 19 February 2008)
  3. ^ William Brayn, Theft > animal theft, 11th December 1678.. Old Bailey Proceedings Online (1678-09-06). Retrieved on 2008-04-27. Reference Number: t16781211e-37