HL Deb 05 May 1837 vol 38 cc547-8
The Duke of Richmond

rose, pursuant to notice, to move, "that a Select Committee be appointed to inquire into the expediency of substituting declarations in lieu of oaths in certain cases. In 1834 and 1835, measures were adopted by their Lordships which sanctioned the principle that he wished to see carried fully into effect. In consequence of what was then done, a great number of useless oaths were abolished. The object which he sought to attain by his present motion was to ascertain how far the experiment which the legislature had tried had ultimately answered. If it had answered, as he certainly believed it had, to reduce the number of oaths without injuring the revenue, then he conceived that they ought to proceed further in the same course. His great object was, to do away with oaths in all instances where proper information could be otherwise procured. He did not wish to interfere with the Courts of Law, but he was anxious to adopt such a system as would cause the people to regard oaths with greater respect and reverence than they did at present. By the Act of 1835, any person making a false declaration was punishable as for a misdemeanour; but in Scotland there was not, in law, any such thing as a misdemeanour; and therefore the law was ineffectual there. In Ireland the taking of voluntary affidavits was very common. It was here held to be a misdemeanour; and the persons taking such oaths, as well as the persons administering them, were liable to punishment. It appeared to him that the magistrates of Ireland should, in like manner be prevented from administering oaths of this nature. The noble Earl concluded by moving for a Select Committee.

The Marquess of Westmeath

observed, that the custom of taking voluntary oaths had of late years very much decreased in Ireland.

Motion agreed to.

Back to