158 JupiciaL OATHs. 
that I will tell the truth, the whole truth, and nothing but the 
truth.’’ There are cases both ancient and modern where deposi- 
tions of witnesses were set aside because they wanted the words, 
“as they shall answer to God.’’ The oath is administered in 
Scotland by the presiding judge or magistrate standing with up- 
lifted hand, the witness also with right hand upraised, repeating 
clause by clause after him. Not very long ago it would have 
been deemed impossible for a witness to be sworn except accord- 
ing to this form. Innovations upon the ancient ceremony, 
perhaps by the disinclination or inability of the judge to stand 
up, have crept in, and the oath is now usually administered 
sitting. The next departure was the omission of the “ great day 
of judgment,’’ and the oath as it is now administered is simply, 
“T swear by Almighty God, as I shall answer to God, that I will 
tell the truth, the whole truth, and nothing but the truth.”” A 
witness may object to take the oath in the above form. If he 
does so, he may be sworn in whatever form he considers to be 
binding on his conscience. Whenever the oath is administered, 
in the form and with such ceremonies as such person may declare 
to be binding, every such person, in case of wilful, false swear- 
ing, may be convicted of the crime of perjury, in the same 
manner as if the oath had been administered, in the form and 
with the ceremonies most commonly adopted. 1 and 2 Vict., c. 
5. Every person, upon objecting to being sworn, and stating as 
the ground of such objection that he has no religious belief, or 
that the taking of an oath is contrary to his religious belief, shall 
be permitted to make his solemn affirmation, instead of taking 
an oath (in all places and for all purposes where an oath is or 
shall be required by law), which affirmation shall be of the same 
force and effect as if he had taken the oath. The affirmation is 
in the following terms:—I, A. B., do solemnly, sincerely, and 
truly affirm, and declare that the taking of an oath is according 
to my religious belief unlawful, and I do solemnly, sincerely, and 
truly affirm and declare that I will tell the truth, ete. 28 and 29 
Vict., c. 9, sec. 2 and 3. Where a witness makes affirmation he 
must use these precise words. Anyone making an affirmation 
who wilfully, falsely, and corruptly affirms any matter or thing 
which, if deposed on oath, would have amounted to, is “ liable 
to prosecution, indictment, sentence, and punishment in all 
respects as if he had committed perjury.’’ Peers of the Realm 
