the human race, the same we think applies, in all the fulness of truth, to oaths. If all were possessed of that self-restraint and regard for what is just and honest which men ought to feel, surely we should never compel any one to swear, but should place as much reliance on him when merely making a serious affirmation, as though he laid his hand upon the altar and swore by all that was sacred. The case is as Eschylus represents it, "It is not the oath which invests the man with credit, but the man the oath." But now when we will not believe a man of tried honesty, unless he pledge his oath, nay, when we even thus can scarcely think sufficient caution taken, unless we have other and strong corroborations of the oath, what else do we than acknowledge, voluntarily, the perfidy of man, and profess, not without imposing a stain of ignominy on our race, that man cannot, in any wise, be safely trusted by man

*Heineccius de Lubricitate Jurisjurandi Suppletorii.

SECTION B.

*

SEPARATISTS.

In the last Session of Parliament an Act was passed for the relief of persons called Separatists, a very small body according to their own account. Though I carefully perused their petition, and the papers which had been circulated on their behalf, some of their reasonings I could not understand. But of this I am quite certain, that the title and preamble of the Act of Parliament are both perfectly inconsistent with the enactment. Its title is "An Act to enable Separatists to make a solemn affirmation or declaration instead of an oath ;" and the preamble states, that the Separatists refuse, from religious scruples, to take an oath in a Court of Justice, and the body of the law enacts, that they shall in all cases where an oath is required, be allowed to make their solemn affirmation or declaration in these words, " I, A. B., do, in the presence of Almighty God, solemnly, sincerely, and truly affirm and declare," &c. Now this affirmation is, to all intents and purposes, an

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* Mr. Walker, who tells us that two or three individuals constitute a Church, reports that they have in Scotland only six Churches, in Ireland fourteen, and in England only three.

oath; it is the form of oath chiefly recognised by the Fathers of the Christian Church: and it is the form which, (as the reader may have already observed,) could the change be made with safety, I should gladly see adopted in England, instead of the form now used. At the same time I must consider it as much an act "binding the soul" as our present form, though that is the point upon which Mr. Walker of Camden Town, who seems to be the organ of the Separatists, chiefly dwells, as compelling him to refuse to take the usual oath in our Courts of Justice-" because," as he says, "it is binding the soul, that is, presumptuously pledging that which is not his own, and over which he has no dominion." Does not every one, who makes any declaration to another, give that pledge? Is not the soul always under a pledge to speak the truth? Is not God the avenger of falsehood, as well as of false-swearing? “I would distinctly add (says Mr. Walker) that I should have no scruple to answer, on any suitable occasion, thus, as our Saviour was adjured to speak the truth. But I fancy that the lawyers would not consider me as therefore answering upon oath." On this last question I cannot speak; but of this I am most clear, that should a witness in our Courts of Justice give his evidence after hearing from the Judge this solemn adjuration, "I adjure you by the living God to speak the truth," it would be as essentially

an oath, and the witness in answering would as really "bind his soul" as if he had pledged himself to the truth in the usual way.

This oath, now prescribed to be taken by the Separatists, is the same with the form by which, a century ago, the Moravians were allowed to swear, excepting that the words "solemnly, sincerely, and truly" are inserted, and the words "the witness of what I say" are omitted; an omission, as I think, very unwisely made the true purport of an oath being, to remind the person who takes it that God is the witness of what he says. The Act is this:

Anno Tertio et Quarto.

GULIELMI IV. REGIS.

CAP. LXXXII.

An Act to enable the people called Separatists to make a solemn affirmation and declaration instead of an oath. [28th August, 1833.]

WHEREAS there are in various places in Ireland, and in some parts of England, and elsewhere, certain dissenters from the United Church of England and Ireland, and from the Church of Scotland, commonly called Separatists, the members of which class or sect of dissenters, from conscientious scruples, refuse to take an oath in courts of justice and other places, and in consequence thereof are exposed to great losses and inconveniences in their trades and concerns, and are subject to fines and to imprisonment for contempt of court, and the community at large are deprived of the benefit of their testimony: and whereas it is therefore expedient that the said sect called Separatists should be relieved in the manner hereinafter mentioned; be it enacted by the King's most excellent Majesty, by and with the advice and consent of the

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Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the same, that every person for the time being belonging to the said sect called Separatists, who shall be required upon any lawful occasion to take an oath in any case where by law an oath is or may be required, shall, instead of the usual form, be permitted to make his or her solemn affirmation or declaration in these words following, videlicet:

Separatists, instead of an oath, may make the following affirmation.

I, A. B., do in the presence of Almighty God, solemnly, sincerely, and truly affirm and declare, that I am a member of the religious sect called Separatists, and that the taking of any oath is contrary to my religious belief, as well as essentially opposed to the tenets of that sect; and I do also in the same solemn manner affirm and declare

Such affirmation shall have the effect of an

oath.

Which said solemn affirmation or declaration shall be adjudged and taken, and is hereby enacted and declared to be of the same force and effect, to all intents and purposes, in all courts of justice and other places whatsoever, where by law an oath is or may be required, as if such Separatists had taken an oath in the usual form. II. And be it further enacted, that if any person making such solemn affirmation or declaration shall in fact not be one of the people commonly called separatists, or shall wilfully, falsely, and corruptly affirm or declare any other matter or thing which if the same had been sworn in the usual form would have amounted to wilful and corrupt perjury, every such person so offending shall incur the same penalties and forfeitures as by the laws and statutes of this kingdom are or may be enacted or provided against persons convicted of wilful and corrupt perjury.

Persons making a false affirmation, to be subject to the same punishment as for wil

ful perjury.