to slay a victim; and the beast being struck down, with certain ceremonies and invocations, gave birth to the expressions TERVED ogxov, ferire pactum; and to our English phrase, translated from these, of "striking a bargain."

of

The forms of oath in Christian countries are also very different; but in none, I believe, worse contrived, either to convey the meaning, or impress the obligation of an oath, than in our own. The juror with us, after repeating the promise or affirmation which the oath is intended to confirm, adds, "So help me "God" or more frequently the substance of the oath is repeated to the juror by the officer or magistrate who administers it, adding in the conclusion, "So help you God." The energy the sentence resides in the particle so; so, that is, hac lege, upon condition of my speaking the truth, or performing this promise, may God help me, and not otherwise. The juror, whilst he hears or repeats the words of the oath, holds his right hand upon a Bible, or other book containing the four Gospels. conclusion of the oath sometimes runs, "ita me Deus adjuvet, "et hæc sancta evangelia," or, "so help me God, and the con"tents of this book;" which last clause forms a connexion between the words and action of the juror, which before was wanting. The juror then kisses the book: the kiss, however, seems rather an act of reverence to the contents of the book (as, in the popish ritual, the priest kisses the Gospel before he reads. it,) than any part of the oath.

The

This obscure and elliptical form, together with the levity and frequency with which it is administered, has brought about a general inadvertency to the obligation of oaths; which, both in a religious and political view, is much to be lamented and it merits public consideration, whether the requiring of oaths on so many frivolous occasions, especially in the Customs, and in the qualification for petty offices, has any other effect, than to make them cheap in the minds of the people. A pound of tea cannot travel regularly from the ship to the consumer, without costing half a dozen oaths at least and the same security for the due

discharge of their office, namely, that of an oath, is required from a churchwarden and an archbishop, from a petty constable and the chief justice of England. Let the law continue its own sanctions, if they be thought requisite ; but let it spare the solemnity of an oath. And where it is necessary, from the want of something better to depend upon, to accept men's own word or own account, let it annex to prevarication penalties proportioned to the public consequence of the offence.

II. But whatever be the form of an oath, the signification is the same. It is "the calling upon God to witness, i. e. to take "notice of what we say," and "invoking his vengeance, or re"nouncing his favour, if what we say be false, or what we pro"mise be not performed."

III. Quakers and Moravians refuse to swear upon any occasion; founding their scruples concerning the lawfulness of oaths upon our Saviour's prohibition, Matt. v. 34. "I say unto you, "Swear not at all."

The answer which we give to this objection cannot be understood, without first stating the whole passage: "Ye have heard "that it hath been said by them of old time, Thou shalt not for"swear thyself, but shall perform unto the Lord, thine oaths. "But I say unto you, Swear not at all; neither by heaven, for "it is God's throne; nor by the earth, for it is his footstool; "neither by Jerusalem, for it is the city of the great King. "Neither shalt thou swear by thy head, because thou canst not "make one hair white or black. But let your communication "be, Yea, yea; Nay, nay: for whatsoever is more than these, "cometh of evil."

To reconcile with this passage of Scripture the practice of swearing, or of taking oaths, when required by law, the following observations must be attended to.

1. It does not appear, that swearing "by heaven,” “by the earth," by Jerusalem," or "by their own head," was a form of swearing ever made use of amongst the Jews in judicial oaths: and, consequently, it is not probable that they were judicial

oaths which Christ had in his mind when he mentioned those instances.

2. As to the seeming universality of the prohibition, "Swear "not at all," the emphatic clause "not at all" is to be read in connexion with what follows; "not at all," i. e. neither "by "the heaven," nor "by the earth," nor by Jerusalem," nor "by thy head:" "not at all," does not mean upon no occasion, but by none of these forms. Our Saviour's argument seems to suppose, that the people, to whom he spake, made a distinction between swearing directly by "the name of God," and swearing by those inferior objects of yeneration, "the heavens," "the "earth," "Jerusalem," or "their own head." In opposition to which distinction, he tells them, that on account of the rela tion which these things bore to the Supreme Being, to swear by any of them, was in effect and substance to swear by him; "by "heaven, for it is his throne; by the earth, for it is his footstool; "by Jerusalem, for it is the city of the great King; by thy

head, for it is his workmanship, not thine,-thou canst not "make one hair white or black;" for which reason he says, "Swear not at all;" that is, neither directly by God, nor indirectly by any thing related to him. This interpretation is greatly confirmed by a passage in the twenty-third chapter of the same Gospel, where a similar distinction, made by the Scribes and Pharisees, is replied to in the same manner.

3. Our Saviour himself being " adjured by the living God," to declare whether he was the Christ, the Son of God, or not, condescended to answer the high-priest, without making any ob jection to the path (for such it was) upon which he examined him." God is my witness," says St. Paul to the Romans, “that "without ceasing I make mention of you in my prayers:" and to the Corinthians still more strongly, "I call God for a record

upon my soul, that, to spare you, I came not as yet to Co"rinth." Both these expressions contain the nature of oaths. The epistle to the Hebrews speaks of the custom of swearing judicially, without any mark of censure or disapprobation: "Men

"verily swear by the greater; and "an oath, for confirmation, ist "to them an end of all strife."

Upon the strength of these reasons, we explain our Saviour's words to relate, not to judicial oaths, but to the practice of vain, wanton, and unauthorized swearing, in common discourse. St. James's words, chapter v. 12. are not so strong as our Saviour's, and therefore admit the same explanation with more ease.

IV. Oaths are nugatory, that is, carry with them no proper force or obligation, unless we believe that God will punish false swearing with more severity than a simple lie, or breach of promise; for which belief there are the following reasons:

1. Perjury is a sin of greater deliberation. The juror has, 1 believe, in fact, the thoughts of God and of religion upon hie mind at the time; at least, there are very few who can shake them off entirely. He offends, therefore, if he do offend, with a high hand; in the face, that is, and in defiance of the sanctions of religion. His offence implies a disbelief or contempt of God's knowledge, power, and justice; which cannot be said of a lie where there is nothing to carry the mind to any reflection upon the Deity, or the divine attributes at all.

2. Perjury violates a superior confidence. Mankind must trust to one another; and they have nothing better to trust to than one another's oath. Hence legal adjudications, which govern and affect every right and interest on this side the grave, of necessity proceed and depend upon oaths. Perjury, therefore, in its general consequence, strikes at the security of reputation, property, and even of life itself. A lie cannot do the same mischief, because the same credit is not given to it.*

3. God directed the Israelites to swear by his name ; and was pleased, in order to show the immutability of his own. counsel," to confirm his covenant with that people by an oath :

* Except, indeed, where a Quaker's or Moravian's affirmation is accepted in the place of an oath; in which case, a lie partakes, so far as this reason extends, of the nature and guilt of perjury.

neither of which it is probable he would have done, had he not intended to represent oaths as having some meaning and effect beyond the obligation of a bare promise; which effect must be owing to the severer punishment with which he will vindicate the authority of oaths.

V. Promissory oaths are not binding, where the promise itself would not be so: for the several cases of which, see the Chapter of Promises.

VI. As oaths are designed for the security of the imposer, it is manifest they must be performed and interpreted in the sense in which the imposer intends them; otherwise they afford no security to him. And this is the meaning and reason of the rule "jurare in animum imponentis ;" which rule the reader is desired to carry along with him, whilst we proceed to consider certain particular oaths, which are either of greater importance, or more likely to fall in our way, than others.

CHAPTER XVII.

OATH IN EVIDENCE.

THE witness swears 66 to speak the truth, the whole truth, "and nothing but the truth, touching the matter in question." Upon which it may be observed, that the designed concealment of any truth, which relates to the matter in agitation, is as much a violation of the oath, as to testify a positive falsehood; and this whether the witness be interrogated to that particular point or not. For when the person to be examined, is sworn upon a voir dire, that is, in order to inquire, whether he ought to be admitted to give evidence in the cause at all, the form runs thus: "You shall true answer make to all such questions as "shall be asked you :" But when he comes to be sworn in chief, he swears "to speak the whole truth," without restraining it, as