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Home > Law > Jurisprudence and general issues > The Demurrer; Or Proofs of Error in the Decision of the Supreme Court of the State of New York. Requiring Faith in Particular Religious Doctrines as a
The Demurrer; Or Proofs of Error in the Decision of the Supreme Court of the State of New York. Requiring Faith in Particular Religious Doctrines as a

The Demurrer; Or Proofs of Error in the Decision of the Supreme Court of the State of New York. Requiring Faith in Particular Religious Doctrines as a


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About the Book

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1828 Excerpt: ... of the competency of any person to "take an oath or be a witness under any circumstances," in that country. If the sixteenth enacting clause of the " Act concerning oaths," quoted by the court, is sufficient evidence to prove "legislative recognition" of" belief in future punishment," as a legal and necessary qualification of a person to take an oatk, the ffteenlh or preceding enacting clause of the same statute, is equally good evidence to prove that the legislature did not recognize " belief in future punishment," as essential to the competency of any person to testify on oath. Because the last mentioned clause only intimates " belief in an ever living God," as a necessary qualification of a witness. If the two enacting clauses above mentioned, are to be regarded as indicating or prescribing the religions faith, requisite to qualify a person to take an oath, they are evidently inconsistent one with the other. One of them must be wrong, for both cannot be right. If that is right, which intimates " belief in an ever living God," as the legal qualification of a witness, then there is no "legislative recognition," of " belief in future punishment," as essential to the right, of any person to testify on oath; and the decision of the court requiring the last mentioned item of religious faith, must therefore be illegal. But if that clause which requires "belief in the existence of an ever living God" is wrong, and the other, or sixteenth clause, is right, which requires " belief in the existence of a God and future punishment," then it follows without the possibility of avoiding the conclusion, that neither the " belief in the existence of a God or future punishment," is necessary to the competency of any person to testify on oath; because the two last mentioned...


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Product Details
  • ISBN-13: 9781235821578
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 56
  • Spine Width: 3 mm
  • Width: 189 mm
  • ISBN-10: 1235821579
  • Publisher Date: 01 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 118 gr


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