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pretended inspirations, forged books, counterfeit miracles, are impositions of a more serious nature. It is possible that they may sometimes, though seldom, have been set up and encouraged, with a design to do good: but the good they aim at requires that the belief of them should be perpetual, which is hardly possible; and the detection of the fraud is sure to disparage the credit of all pretensions of the same nature. Christianity has suffered more injury from this cause, than from all other causes put together.

As there may be falsehoods which are not lies, so there may be lies without literal or direct falsehood. An opening is always left for this species of prevarication, when the literal and grammatical signification of a sentence is different from the popular and customary meaning. It is the wilful deceit that makes the lie; and we wilfully deceive, when our expressions are not true in the sense in which we believe the hearer to apprehend them: besides that it is absurd to contend for any sense of words, in opposition to usage; for all senses of all words are founded upon usage, and upon nothing else.

Or a man may act a lie; as by pointing his finger in a wrong direction, when a traveller inquires of him his road; or when a tradesman shuts up his windows, to induce his creditors to believe that he is abroad: for, to all moral purposes, and therefore as to veracity, speech and action are the same; speech being only a mode of action.

Or, lastly, there may be lies of omission. A writer of English history, who, in his account of the reign of Charles the First, should wilfully suppress any evidence of that prince's despotic measures and designs, might be said to lie; for, by entitling his book a History of Eng

land, he engages to relate the whole truth of the history, or, at least, all that he knows of it.

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V. What Oaths do not bind.

VI. In what Sense Oaths are to be interpreted.

I. THE forms of oaths, like other religious ceremonies, have in all ages been various; consisting, however, for the most part, of some bodily action*, and of a prescribed form of words. Amongst the Jews, the juror held up his right hand towards heaven, which explains a passage in the 144th Psalm; "Whose mouth speaketh vanity, and their right hand is a right hand of falsehood." The same form is retained in Scotland still. Amongst the same Jews, an oath of fidelity was taken, by the servant's putting his hand under the thigh of his lord, as Eliezer did to Abraham, Gen. xxiv. 2; from whence, with no great variation, is derived perhaps the form of doing homage at this day, by putting the hands between the knees, and within the hands, of the liege.

* It is commonly thought that oaths are denominated corporal oaths from the bodily action which accompanies them, of laying the right hand upon a book containing the four Gospels. This opinion, however, appears to be a mistake; for the term is borrowed from the ancient usage of touching, on these occasions, the corporale, or cloth which covered the consecrated elements.

Amongst the Greeks and Romans, the form varied with the subject and occasion of the oath. In private contracts, the parties took hold of each other's hand, whilst they swore to the performance; or they touched the altar of the god by whose divinity they swore. Upon more solemn occasions, it was the custom to slay a victim; and the beast being struck down with certain ceremonies and invocations, gave birth to the expressions Teμve:v ogxov, ferire pactum; and to our English phrase, translated from these, of "striking a bargain."

The forms of oaths in Christian countries are also very different; but in no country in the world, 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 "So 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 of the sentence resides in the particle so; so, that is, hac lege, upon condition of my speaking the truth, or performing this promise, and not otherwise, may God help me. 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. The conclusion of the oath sometimes runs, "Ita me Deus adjuvet, et hæc sancta evangelia," or "So help me God, and the contents of this book :" which last clause forms a connexion between the words and action of the juror, that 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.

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 the 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, from the want of something better to depend upon, it is necessary to accept men's own word or own account, let it annex to prevarication penalties proportioned to the public mischief 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 it is "invoking his vengeance, or renouncing his favour, if what we say be false, or what we promise 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

VOL. IV.

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time, Thou shalt not forswear thyself, but shalt 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:

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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," h. 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 veneration, "the heavens," "the earth," " "Jerusalem," or "their own head." In opposition to which distinction, he tells them, that on account of the relation 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

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