we abolish henceforth the oath, De immaculata conceptione' in all the universities and places of education, and on the conferring of academical degrees."

By the same authority it is enacted (in 1781), that any person taking an oath, whether in orders or not, whether male or female, shall take his oath raising the thumb and the two first fingers of the right hand, and shall use no other formula than, "So help me God."

In the criminal code which was in force in the kingdom of Italy under the government of Napoleon, the following enactment is found. "Every witness, before being examined, is put on his oath, previously to which the judge admonishes him of the importance and sacredness of the oath, and reminds him of the punishment to which false witnesses expose themselves; after which the judge and the clerk rise, and bare-headed, the judge causes the witness to take the oath in the following words: 'I, A. B., swear and promise before God, the infallible judge of my conscience, and the tremendous avenger of perjury, to tell the whole I know on every question that shall be put to me. So help me God.' And no other form or outward act shall be observed*."

In the code for civil proceedings now in force at Parma, we find the following enactment (1820). * Code for Criminal Proceedings, 166.

Every Catholic takes his oath kneeling, putting his right hand on the holy Gospels, and uttering the words "I swear, calling God to witness the truth of what I am going to say."-Sect. 407.

FRANCE.

IN France, the form observed is, for the president to cause the witness to lift up his hand, and say, "I swear*." One in holy orders lays his hand upon his bosomt. The princes of the blood were not formerly compelled to swear. This was settled in an appeal in 1669. Condé, who was named general legatee by the Countess de Guitault, refused to make his affirmation on oath, pleading his privilege.

Witnesses and interpreters are sworn very much as in England, only it is added to their oath, that they will act "without hatred and without fear.”

* M. Merlin, Répertoire de Jurisprudence, 1827. † I believe there is now no such distinction in France.

CHAPTER IX.

MODERN EUROPEAN OATHS (CONTINUED).

SPAIN.

IN the Compendio del Derecho de España we learn that the form of oath used in determining suits is this," You swear by God the Father, and by Jesus Christ his son, and by the Holy Spirit, who are three persons and one true God; and by the Holy Evangelists, and by the cross (or upon the altar), that the answers you shall make And he who gives the oath shall say— So help him God, as he speaks the truth; and he who swears shall answer-Amen."

are true.

I conceive there must be different modes of taking an oath judicially in Spain. An accurate and well-informed Spanish gentleman has assured me that the oath with which he is most familiar in their courts is," That the witness shall form a cross, by placing the middle of his thumb on the middle of his forefinger, and as he kisses it, say-By this cross I swear."

There is a very curious incident, with which I have since become acquainted, and which I cannot help connecting with this form of oath in Spain. I have no other reason however for connecting the two circumstances, than the question which immediately offered

itself to my mind, Was it by tradition coming to them from some of their ancient tribes in Spain, that these "Sons of the Desert" were taught the oath by which they bound their Christian captive? The celebrated Marsigli was founder of the Institute of Bologna. His whole history is one of exceeding interest; but we must not refer to it further than the illustration of our subject requires. In the war of Belgrade he had been made prisoner by the Turks; but his name and rank remained unknown. He attempted to make his escape, but failed, and on being retaken he was condemned to death. Through the intervening night, between sentence and the time of execution, he deliberated within himself, whether he should declare who he was a step which would secure his life, but subject him to an exorbitant ransom—or whether he should run all risks. He determined on the latter. Before the fatal hour arrived, two Arabs came, and purchased him as their slave for a sum equal to about eighteen pence of our money.

These men to bind him by the most solemn obligation, insisted upon his swearing on the faith of a Christian that he would never think of making his escape and the oath they prescribed was, that he should make the form of a cross with his two fingers, compelling him to kiss it *.

Vollero di più il mio giuramento sopra la religion Cristiana, facendo con due dita la croce che mi obligarono a

Before leaving our inquiry into the oaths of Spain, we must refer to their " Oath of Calumny *,” which they call "Manquadra," a perfect hand: for, as the hand has five fingers, so has this oath five articles.

By this oath the plaintiff is to swear—

1. That he does not sue maliciously, but for his right.

2. That he will proceed in the cause truly, and without fraud or falsehood to his knowledge.

3. That he neither has given, nor will give, any thing to the judge or clerk, beyond their accustomed dues.

4. That he will put in no false proof or instru

ment.

5. That he will not pray for time maliciously, with a view to prolong the suit.

There is this remarkable exception made in their law to the cases of perjury:-"Kings ought to improve and not deteriorate their kingdoms; and so it will not be perjury in a king, were he to swear to do any thing to the prejudice or disparagement of his kingdom, and not fulfil his oath. So, also, a bishop, if he should swear to the great injury of his church."

baciare per l'osservanza della promessa di mai pensare alla fuga, che eseguii con tutta fermezza d' anima per religiosamente osservarla.

* This is very much, if not precisely the same with the old oath of Calumny, now abolished in England.