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swearing by a man, it strikes us with a hundred-fold more disgust when it comes from the lips of a woman. History abounds with instances of illustrious females indulging in this disgraceful and unchristian habit. We may well draw a veil over the days when such practices were fashionable. "Becoming females!" does Donatus say? It becomes them just as much as intoxication, and as immodesty would become them; it suits the female character just as cowardice is an ornament to men*.

GERMANY AND OUR SAXON ANCESTORS.

HEINECCIUS informs us, that from the time the Saxon and Suevic laws prevailed in Germany, all the ancient forms of oaths became gradually obsolete, and scarcely is mention made of any other, than laying the hand on relics, or the Gospels, or an altar, or a cross. To prevent other and heathenish oaths it was enacted, that whoever swore in any other than one of the prescribed forms, should be excommunicated, and be punished with thirty-nine stripes. It was provided that the juror should place his right foot upon the lower step of the altar, when he swore by a relic. The altar was

* Dr. Sanderson, in discussing a point of casuistry, refers to language very nearly coincident with this sentiment of Donatus." When any one for honour and courtesy, as the Casuists speak, swears rashly on a trifling subject."Case 54.

always ready in the courts of justice, and the relics were forthcoming at the order of the judge.

Before this change, Heineccius informs us, there were as large a stock of various oaths in the North of Europe, as we have already seen elsewhere. We need not repeat many of them. Among the more strange, are" By Sion and mount Sinai." "By St. James's lance." 66 "By the beard of Otto." One which he specifies, reminds me of the oath of William the Conqueror, "By the brightness of God," when that king swore that Roger de Britolio*, who had burnt the royal present which he had sent him at Easter, should never come out of prison during his life.

Among the Frisii, or Frieslanders, a most solemn oath was to take up a lock of hair with the left hand, and to lay two fingers of the right hand upon it. Heineccius tells us, that straws were used in their most solemn ceremonies, and that the Franks were accustomed to swear, holding straws in their hands+. Perhaps the practice of compelling the Jews to swear touching a pen‡ with their fingers, might have had its origin in this custom. They certainly thought it a mark of disgrace, and upon petition were relieved from it by modern laws in some States where the practice was still prevalent.

* Dugdale.

How far the Roman word Stipulatio was derived from a similar custom does not, I think, satisfactorily appear. "Tacto Calamo."

The low Irish of the present day, in their more solemn transactions among each other, ratify their engagement by swearing upon a copper or silver coin, generally upon a halfpenny or a sixpence, which they kiss, using these words; "By the oorth (worth-not value but virtue) of this coin, I swear:" Heineccius tells us, that this was an old German custom before the introduction of Christianity. And the ancient Byzantines swore by their own copper coins*.

One circumstance mentioned by Heineccius, was to myself as interesting as it was new. By the laws of the Alamanni the males used to swear, raising their hand either to heaven, or the altar, or the book, or the case of relics upon the altar; whilst females swore laying their hands upon their bosoms. They called it, "The oath by the bosom." This form was observed in modern Germany, at least, till our author's time: whether it is still retained I know not. Its origin is very curious. Women and boys were generally accustomed to carry on their bosom, suspended from their neck, a small copy of the Gospel: so the hand when laid upon the breast, was in reality laid upon the Gospel. Priests swore in this manner, (as indeed they do to this day in Spain and in some parts of Italy, particularly in the Roman States,) and Heineccius hints,

* Spencer, lib. ii.

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.

M

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

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