states to swear to a treaty in the name of their
employers and masters. The fifth book of Thucy-
dides (as well as other historical remains,) abounds
with instances.

I have recollected a passage in Livy, which
was not present to my mind when this chapter
was first written, but which bears so strongly
on the point before us, and throws so much light
on the practice, that I cannot persuade myself to
omit it altogether. It was about two hundred
years before Christ, that C. Valerius Flaccus
was elected edile; but because he was Flamen
Dialis, or priest of Jupiter, he could not take
the oaths of office; and no magistrate elect could
carry on the duties of his office for more than
five days without taking those oaths. When
Flaccus applied for a dispensation, the senate
decreed that, if the edile would find an approved
substitute to take the oath in his stead, the consuls,
if they should see fit, might negotiate with the
tribunes the matter of an appeal to the people.
Lucius, the edile's brother, was nominated as his
brother's proxy, and the people passed an order,
that it should stand just as if the edile had sworn
in his own person *.

* Scivit ut perinde esset ac si ipse ædilis jurasset.— Liv. xxxi. 50.

1

SECTION I.

THE OATH OF HAROLD.

HISTORY records many remarkable instances of the superstition with which oaths were sometimes taken on relics. One, which is represented in our frontispiece, is by no means among the least interesting; whilst it tends to confirm what is constantly forcing itself upon our mind, that all attempts to make the religious obligation more binding, whether by the multiplication of oaths, or by adding to the superstitious circumstances attending them, are baffled entirely when the principle of upright dealing is absent. The guilt of the perjurer may, indeed, be enhanced, just as a person who wilfully repeats again and again a bare falsehood may be considered guilty of more deliberate sin; but the value of the pledge is not proportionably increased. The scene represented in the frontispiece is taken from the Bayeux tapestry, a very extraordinary production, describing successive events in Harold's and William's career; and, not without a considerable degree of probability, referred to the skill and industry of the Conqueror's queen. It is still preserved in the cathedral of Bayeux, in Normandy.

relics.

I copy the following description of the piece from TURNER'S History of the Anglo Saxons. “William appears without armour, on his throne, with a sword in his left hand extended. Near this are two repositories of relics: Harold is between them, with a hand on each." [In this particular, I cannot help thinking that Mr. Turner is mistaken. The case next William, on which is Harold's right hand, is, I think, undoubtedly a repository of Two handles, projecting at each end, seem to imply that it was a moveable case. But that on which Harold's left hand is laid, is, I think, an altar: there are, apparently, steps at its base, whilst it has no handles. And this would correspond more exactly and literally, I think, with the account in the Roman de Rou.] "The inscription is, 'HERE HAROLD SWEARS TO DUKE WILLIAM.' The historians state that Harold swore to promote William's accession to the throne of England, on Edmund's [he means Edward's] death; to marry his daughter; and to put Dover into his power. Some other authorities mention that William, after Harold had sworn, uncovered the repositories, and showed him on what relics he had pledged himself: and Harold saw with alarm their number and importance. If this be true, these two great warriors were, at least in their religion, men of petty minds; or they would not have believed

that the obligation of an oath was governed by the rules of arithmetical progression *."

The authority on which this circumstance of William's cunning, and Harold's superstitious horror, chiefly rest, is that of the Roman de Rou, written, as we are told, by Robert Waice, who lived about fifty years after the Conquest, and was canon of Bayeux. Probably, the insertion of so much of the Roman de Rou as explains this transaction will not be unacceptable. I have given, also, a verbal translation, the old French being, in many parts, obscure, and difficult to interpret without the help of annotations.

Co se li plaist li jurera
Et Willame le graanta.
Por rechoivre cest serment
Fist assembler un Parlement
A Baieux (ço solent dire)
Fist assembler un grant concire
Toz li corz saintz fist demander
Et en un liu tuz asembler
Tut une cuve en fist emplir
Pois d'un paele les fist covrir.
Ke Heraut ne sout, ne ne vit
Ne ne li fust mostre, ne dit.

And if he pleased he would swear to this,
An-1 William consented.

To receive this oath

He called a parliament;
At Bayeux (so they say)

He convened a great council.

He called for all the relics (the holy bodies)
And collected them into one place;
He filled a whole coffer full of them,
He had them covered with a pall,
That Harold might neither know` nor see,
Nor was it shown or told to him;

* All the historians represent Harold as having pledged 66 He made him his solemn oath to William. Rapin says, swear on the Gospels," but this, probably, is a mistake, for Simeon of Durham, to whom he refers, expressly mentions the relics. Henry of Huntingdon affirms, that “he swore upon many and most choice relics of the saints;" but he does not add, that William deceived him into a more awful oath than he thought for: nor does either Brompton, or Ingulphus, or William of Malmesbury, or Simeon of Durham.

De suz out une filatire
Tut li meillor k'il pout eslire
E li plus chier k'il pout trover
"Oil de boef" l'ai oi nomer
Quant Heraut suz sa main tendi
La main trembla, la char fremi
Poiz a juré et a promi

Si come home ki eschari
Ele la fille al Duc prendra

Et Engleterre al Duc rendra
De
Co li fera son poeir

Sulunc sa force e son saveir.
Empres la mort Ewart s'il vit
Si veirement Dex li äit
E li corz sainz ki iloc sont
Plusors dient: "Ke Des li dont."
Quant Heraut out li sainz beisiez
Et il fut suz levez en piez
Verz la cuve li Duc le trait
E lez rave cuve ester le fait
De la cuve a le paesle ostè
Ki lut aveit aconeté

A Heraut a dedenz monstra
Sor kels cors sainz il a juré
Heraut forment s'espoanta
Des relikes kil li monstra

Above there was a Reliquary,
The very best he could choose,
And the dearest he could find,
I have heard it called "The Bull's Eye."
When Harold held his hand over it,
His hand trembled, his body shuddered,
Then he swore and promised,

As a man upon his oath,

He would take Ela, the Duke's daughter,
And deliver England to the Duke.
Of this he would do his power
According to his might and knowledge,
After the death of Edward, should he live,
So truly may God him help,
And the holy relics which are there.
Many say, "God grant it him."
When Harold had kissed the relics
And was risen on his feet,

The Duke led him towards the chest,
And made him stay by the chest.
From the chest he took the pall
Which had concealed all,
To Harold he then showed
On what relics he had sworn;
Harold was sadly alarmed
At the relics he showed him, &c.

* Une filatire, philacterium; a philactery.