OATHS AND HEATHENS„
Sin—In the newspapers, a few days ago, there was a report of certain proceedings in one of the provincial County Courts which deserves the notice of all law-reformers.
The plaintiff claimed a small sum due for goods sold and delivered. When he entered the witness-box to prove his claim, the defendant's attorney catechized him concerning his religious opinions ; and as his answers were unsatisfactory to the Court, he was not allowed to be sworn. In consequence of the rejection of his evidence, he was unable to prove his ease, and was therefore nonsuited with costs.
Now is not this state of the law unjust and absurd ? If, in the preliminary theological examination, the man had told a deliberate lie, his evidence would have been received, and the law would have compelled his debtor to pay him ; but because he is a conscientious man and refuses to lie, he is practically outlawed. The law already permits certain Dissenters to give evidence without taking the oath ; a solenin declaration, involving all the penalties of perjury in case of wilful falsehood, being received in its stead. What harm could arise if in eases such as the foregoing the witness were permitted to make affirmation in the same manner, and subject to the same penalties?' Because a man holds certain heretical opinions, is it either prudent or just to say he shall have no legal redress for injuries ? Permitting rogues to rob him with impunity, is, to say the least of it, a strange mode of convincing him that Ins theology is unsound. By such a course a weak man's conscience may be crushed—he may become a hypocrite, though still a. heretic in his heart ; but it is scarcely probable that he will thereby be converted to Christianity. And even now, the evidence of a Hunk°, or a Mahometan, or any foreign heathen, can be taken in our courts of justice. On what ground, then, is the English heathen excluded ? The jury could form their own opinion of the trustworthiness of his evidence, as they now do with all other witnesses, convicted felons included. H. G.
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