AFFIRMANT - One who makes affirmation
instead of making oath that the evidence which he
is about to give shall be the truth, as if he had
been sworn. He is liable to all the pains and penalty
of perjury, if he shall be guilty of wilfully and
maliciously violating his affirmation.
AFFIRMATION - A solemn declaration
and asseveration, which a witness makes before an
officer, competent to administer an oath in a like
case, to tell the truth, as if be had been sworn.
In the United States, generally, all witnesses who
declare themselves conscientiously scrupulous against
taking a corporal oath, are permitted to make a solemn
affirmation, and this in all cases, as well criminal
as civil.
In England, laws have been enacted which partially
relieve persons who, have conscientious scruples against
taking an oath, and authorize them to make affirmation.
In France, the laws which allow freedom of religious
opinion, have received the liberal construction that
all persons are to be sworn or affirmed according
to the dictates of their consciences; and a quaker's
affirmation has been received and held of the same
effect as an oath.
The form is to this effect: 'You, A B, do solemnly,
sincerely, and truly declare and affirm'. For the
violation of the truth in such case, the witness is
subject to the punishment of perjury as if he had
been sworn.
Affirmation also means confirming; as, an affirmative
statute.
