Affirmation

Affirmation, a solemn declaration which, in the case of persons holding conscientious scruples, is admitted in lieu of an oath. By acts of 1833 and 1834, and of 1838, it is provided that Quakers, Moravians, and Separatists who, from conscientious scruples, refuse to take an oath in courts of justice, may, both in civil and criminal cases, make a solemn affirmation, according to a prescribed formula. For Quakers and Moravians the formula is: 'I do solemnly, sincerely, and truly declare and affirm.' In the case of Separatists, this affirmation further bears to be emitted 'in the presence of Almighty God.' The penalties of perjury are imposed on those who shall be proved to have affirmed falsely. The statute of 1838 extended the privilege to all persons who refuse to be sworn from conscientious motives; and that of 1869 extended the right of making an affirmation in a court of justice to all on whose conscience an oath would not be binding. The evidence in court of a person too young to be sworn, is called in Scotland a declaration. In the United States also, Friends and others who have religious scruples against taking an oath, are permitted to make a solemn religious affirmation or asseveration in confirmation of the testimony they are about to give; and affirmation subjects a false witness to the same penalty as an oath. See OATH.