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that this privilege was granted to the priests, because they were supposed to have the Word of God written in their hearts. Be this as it may, it is a remarkable fact, that Chrysostom* speaks distinctly of the custom generally prevailing in his time, of women and young persons carrying about with them the Gospels on their bosom, hanging from the neck. This same most interesting author, (Heineccius,) describes an imposing scene of which he was an eye-witness when a boy, in so graphic a manner, that I cannot help attempting to translate it verbally. How strong a contrast between this, and the oath on a charge of murder, as now usually administered to a witness in the box at the Old Bailey! "I remember when I was a boy, I was present when a man suspected of adultery, purged himself from the charge by oath. I there saw, not without somewhat of horror, all the windows closed with curtains, and on the table at which the judge and the ministers of the Church sate, there was placed a Bible, a skull taken from a skeleton, the image of Christ nailed to the cross, and, unless I am mistaken, a sword and iron gloves; tapers glimmering here and there, the accused on his knees, holding up his fingers, and binding himself by the oath. The doors were thrown open, and all persons admitted promiscuously."

* Chrys. Hom. xix., ad Pop. Antioch.

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Such a ceremony as this, not only must be regarded as unnecessary and superstitious, however powerfully it must have worked upon the imagination; but it would evidently be impracticable, where there is such an overwhelming multiplicity of criminal proceedings as in England. Still I question whether of the two extremes, the sadly careless manner in which our oaths are administered, is not the less justifiable.

I cannot leave this subject without contrasting the ancient practice in Germany, with the instant unceremonious tendering of an oath in our public offices the very moment a complainant appears; though I am fully aware that a literal following of their precedent would be absurd and impracticable : but is there no middle way? "When that oath was to be administered [he is speaking of one which the judges deemed it expedient, for the cause of justice, to be put to the defendant,] it was not given on the instant, (for it appeared to be an affair which required some delay, since it was connected WITH DANGER TO THE SOUL,) but a day was fixed, often after twelve nights, when he should be compelled to take the oath, or lose his cause, &c*." Most

* I cannot refrain from quoting the original words; would to God the sentiment, in its full true spirit, were acted upon in England! "Videbatur enim res, quæ cum animæ periculo conjuncta esset, moram aliquam requirere." A day is

earnestly would I press upon all magistrates to think seriously and practically on all that is conveyed in that sentiment!

always now fixed after some interval for the making of a solemn oath of this kind in many of the civil courts on the Continent.

164

CHAPTER VII.

ON OATHS AS AT PRESENT ADMINISTERED IN DIFFERENT COUNTRIES.

On entering upon the next subject of inquiry, how are oaths administered in modern times, differing, as I have most reluctantly been compelled to do in some points from Archdeacon Paley, I must acknowledge that I cannot help agreeing with him altogether in this sentiment :-"The forms of oaths in different countries are very different, but in no country in the world I believe are they worse contrived, either to convey the meaning or impress the obligation of an oath, than in our own." I have already confessed this to be the inference to which patient inquiry and calm reflection have led me, at least as to the careless indifference with which oaths are often administered in public among us, compared with the more solemn manner usually observed in other countries. Lamentably full of superstition as are many of the forms which we must now describe; some revolting to our best feelings as Christians, others degrading to the very character of men, in that one point of conveying the meaning of an oath, and impressing its obligation, I cannot find one more objectionable than our own. Those who have ever engaged in inquiries of this nature,

are aware of the difficulty of gaining such informa tion as deserves credit, and whilst I acknowledge the scanty supply which I have been enabled to procure, I trust that what is offered may be relied upon.

CHINESE OATHS.

CHINESE witnesses have been examined repeatedly in our courts of justice, within these few years. They have different modes of attesting the truth. One form of oath among them, is to write sacred characters on paper, which they afterwards burn, praying that the witness may be so burned if he swear falsely. Another is, the breaking of a saucer, and praying that so the deponent may perish, if he swerves from the truth*.

The most solemn and sacred is, the cutting off a cock's head with a similar imprecation.

is, the ceremony of burning straw.

OATHS IN INDIA.

Another

I HAVE had the satisfaction of receiving a letter from the very highest authority on this subject, from which the following is an extract. "In the Supreme Courts of Calcutta and Madras, Chris

This second form has been repeatedly observed in the Old Bailey, as I have had from eye-witnesses, one of whom presided when the oath was so taken.

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