The policy of insisting upon the religious formalities attending the taking of an oath, has been much discussed of late years, and it has been disputed whether atheists, who avow an entire absence of all religious belief, should be entirely rejected as witnesses (as is sometimes the case), and justice be thereby frustrated. The objections of Quakers, Moravians, and Separatists to taking an oath have long been respected as not being fundamentally at variance with a due sense of religious feeling, amid hence they have by statute been allowed to make an affirmation instead of taking the oath. In 18M another concession was made to those who, not being Quakers, yet refuse to take the oath from sincere conscientious motives, and these are now also allowed to affirm instead of swear. But the law remains as before, that atheists and persons who admit that they have no religious belief whatever, are excluded from giving evidence in courts of justice.
When a witness, after being duly sworn, gives false evidence in a court of justice or in a judicial proceeding, and his evidence so falsely given is material, he commits the offense of peijury; but it is necessary, in England, not only that two witnesses shall be able to prove the falsity of such evidence, but also that the party should he proceeded against, in the first instance, before a justice of the peace, or by order of a judge, or the attorney-general, it being found that frivolous and unfounded indictments were often preferred against witnesses by,disappointed or hostile parties. 'As a general rule, per
jury cannot be committed except in some judicial proceeding, or rather the giving of false evidence cannot be punished except it has been given iu sonic judicial proceeding. The practice formerly existed of persons voluntarily taking oaths in various matters not connected with any judicial proceeding; and creditors often in this manner sought to add to other securities by insisting on a formal oath before a justice of the peace, in some isolated matter of fact. Tins practice was put an end to by the statute 5 and Will. IV. c. 62, by which justices of the peace were prohibited from administering or receiving such oaths touching any matter or thing whereof such justice has not jurisdic tion or cognizance by some statute. It is left to some extent to the discretion of the justice whether the particular matter is one as to which it is proper to administer an oath; but when it is considered proper, the declaration may be made in the form given by that statute; and if the party make a false declaration, he commits a misdemeanor. Unlawful oaths generally mean oaths taken by members of secret and illegal societies of a treasonable description; and statutes long ago passed to inflict penalties on all who took or adminstered such oaths.