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is greatly confirmed, by a paffage in the twentythird chapter of the fame gospel, where a fimilar distinction, made by the Scribes and Pharifees, is replied to in the fame manner.

3. Our Saviour himself being "adjured by "the living God," to declare whether he was the Chrift, the fon of God, or not, condefcended to answer the high priest, without making any objection to the oath, (for fuch it was) upon which he examined him. "God is my witness," fays St. Paul to the Romans, "that without "ceafing, I make mention of you in my praycc ers:" And to the Corinthians ftill more ftrongly, "I call God for a record upon my foul, that, to "fpare you, I came not as yet to Corinth." Both

thefe expreffions contain the nature of oaths. The epiftle to the Hebrews fpeaks of the custom of fwearing judicially, without any mark of cenfure or difapprobation: "Men verily fwear ແ by the greater, and an oath, for confirmation, "is to them an end of all ftrife."

Upon the ftrength of these reasons, we explain our Saviour's words to relate, not to judicial oaths, but to the practice of vain, wanton, and unauthorized fwearing, in common difcourfe. St. James's words, chap. v. 12, are not fo ftrong

as

as our Saviour's, and therefore admit the fame 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 fwearing with more severity than a fimple lie, or breach of promife; for which belief there are the following reafons:

1. Perjury is a fin of greater deliberation. The Juror has the thoughts of God and of religion upon his 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 fanctions of religion. His offence implies a disbelief or contempt of God's knowledge, power, and justice, which cannot be faid 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 fuperior confidence. Mankind must trust to one another; and they have nothing better to truft to than one another's oath. Hence legal adjudications, which govern and affect every right and intereft on this fide the grave, of neceffity proceed and depend upon oaths. Perjury, therefore, in its general confequence,

0 3

quence, frikes at the fecurity of reputation, property, and even of life itself.

A lie cannot

do the fame mischief, because the fame credit is not given to it. *

3. God directed the Ifraelites to fwear by his name; † and was pleased, "in order to fhow "the immutability of his own council," to confirm his covenant with that people by an oath : neither of which it is probable he would have done, had he not intended to represent oaths, as having fome meaning and effect, beyond the obligation of a bare promise; which effect muft be owing to the feverer punishment, with which he will vindicate the authority of oaths.

V. Promiffory oaths are not binding, where the promise itself would not be fo: for the several cafes of which, fee the Chapter of Promises.

VI. As oaths are defigned for the fecurity of the impofer, it is manifeft they must be interpreted, and performed in the sense in which the imposer intends them; otherwife, they afford no fecurity to him. And this is the meaning and reason of

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

+ Deut. vi. 13. X. 20.

+ Heb. vi. 17.

the

the rule, "jurare in animum imponentis;" which rule the reader is defired to carry along with him, whilft we proceed to confider certain particular oaths, which are, either of greater importance, or more likely to fall in our way than others.

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CHAP. XVII.

OATH IN EVIDENCE.

HE witnefs fwears, "to fpeak the truth,

THE

"the whole truth, and nothing but the truth, touching the matter in question."

Upon which it may be obferved, that the defigned concealment of any truth, which relates to the matter in agitation, is as much a violation of the oath, as to teftify a pofitive falsehood; and this, whether the witness be interrogated to that particular point or not. For when the perfon to be examined is fworn 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 fuch questions as shall be asked

you;" but, when he comes to be fworn in chief, he fwears, "to fpeak the whole truth," without reftraining it, as before, to the queftions that shall be afked: which difference fhews, that the law intends, in this latter cafe, to re

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