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TABLE OF CONTENTS.
PART I.
CHAPTER I.
Page
Three practical Questions proposed for examination.-Plan and
arrangement of the Treatise.-Principles upon which the
Author has guided his inquiry and suggestions....
CHAPTER II.
Origin of Oaths:-The absence of good faith, and consequent
want of confidence.-Heineccius....
CHAPTER III.
1
......
5
Definition of an Oath.-Why difficult to be made --Archdeacon
Paley's examined.-Quakers and Moravians.-Mr. Wynne's
India Bill.-Separatists.-Two kinds of definition, one includ-
ing the imprecatory clause, the other independent of it.-Pre-
valent mistake as to the real nature of an Oath.-The Author's
own view and definition....
FIRST QUESTION.
CHAPTER IV.
Are Oaths lawful to a Christian ?-Oaths were required by the
Law of Moses.-No prohibition of an Oath as such in the Old
Testament.-What Oaths were forbidden.-The example of our
Lord and of his Apostles explains the true intent and meaning
of his own words, and those of St. James. Calvin's view
*
9
correct
* See Section D., p. 247.
17
SECOND QUESTION.
CHAPTER V.
Are Oaths, as at present administered and taken in England,
calculated to promote truth and justice, and agreeable to the
spirit of the Religion which we profess?-The Bible counte-
nances only such Oaths as are necessary.-Sentiments and
conduct of Tertullian. - The early Christians. - Gregory
Nazianzen, Chrysostom, and many others seem to have re-
garded all Oaths as unlawful.-Correct and wise views of
Balsamon, Cyril of Alexandria, and Augustin.-The senti-
ments of these early fathers of the church contrasted with
some practices prevalent among ourselves
CHAPTER VI.
Practical tendency of a multiplication of Oaths, and of using
them on ordinary occasions.-The evils resulting from such a
system as ours chiefly three,-1. diminished reverence for an
Oath; 2. an undervaluing of the truth when simply made
without an Oath; 3. encouragement to rash and common
swearing. Michaëlis.- His censures upon our country. —
Common swearing not so prevalent now as formerly; nor more
prevalent in England than on the Continent.-Perjury pro-
bably not more general than in former ages.-Address to the
king from the clergy in the time of Archbishop Chicheley,
1439.
CHAPTER VII.
Does the present system work well?-Evasion of Oaths.-
The still lamentable prevalence of perjury.-Cicero's senti-
ments on the difference between a perjurer and a liar
THIRD QUESTION.
CHAPTER VIII.
Are any changes necessary?—Observations on the present form
of Oaths in England.-Moravians' distinction, though perhaps
too finely drawn, deserves consideration
.......
57
CHAPTER IX.
What Oaths may be safely abolished?-Oaths of office?-
Coronation oath and the oaths of great officers of state to be
retained.-Coronation Oath taken by our Anglo-Saxon Kings.
-Voluntary affidavits to be forbidden...
CHAPTER X.
The Universities.-Much sound reform already effected; and a
promise of still further improvement. — Academical Oaths
unnecessary. Oxford, Cambridge.- Sound principles of
reform.
66
70
CHAPTER XI.
Courts of law.-Bankruptcy court.-Chancery.-Police offices.
-Petty sessions.-The true principle, "Increase and enforce
penalties on false evidence, and diminish Oaths."
CHAPTER XII.
... 76
Manner of administering Oaths.-As far as possible all Oaths
should be administered by the chief officers of the court.-
Mode of swearing witnesses to give evidence before the grand
jury.
80
CONCLUSION OF PART I.
Three objects proposed,-1. a diminution of the number of
Oaths; 2. greater solemnity in the administration of those
which may be retained; 3. change of Oath (where the party
to be sworn may desire it,) from the imprecatory to the attest-
ing, or affirming form...
PART II,
FORMS OF OATHS.
Form of an Oath no essential part of it; yet of great im-
portance. Every one to take the Oath most binding on his
conscience. The present rule of our English law of very
ancient date in Christendom...
Oaths recorded in the Old Testament.-The lifting up of
the hand.-Attestation without any external ceremony.—
Joining hands.-Form of adjuration.-Oath by the life of a
human being.-Joseph's oath.-Calvin's opinion." As thy
soul liveth."
97
Oaths of Ancient Greece.-To swear by any Being identifiable
with the acknowledgment of his divinity? Oaths sworn on
the altar.-The great Oath.-Variety of Pagan Oaths fol-
lowed by Christians
...
114
Roman Oaths.-By faith.-Form of slaying an animal.-Per
Jovem Lapidem.-By the "health and genius of the em-
peror."-Did such an Oath imply an attribution of divinity?—
Multiplication of Oaths to attest the same thing.-Repetition
of the same Oaths.-Testimony of Polybius to Roman integrity 127
Other Forms in the Ancient World. The objects by which
men swore, even when mortal, irrational, or inanimate, re-
garded as Divinities?—Aristophanes.-Juvenal.-Oaths in
Heroic times..
141
Oaths in use among Christians in past ages.-The early Chris-
tians.-Law of Charlemagne.—Swearing on the Gospels.—
On a bracelet.-By the Church of Glastonbury.-Chaucer.
-"Book of Oaths."-Oaths absurdly regarded as ornaments
to Conversation.-Oaths among the Germans.-"Oath by
the Bosom."-Imposing form witnessed by Heineccius.-
Practical reflection..
149
Modern Oaths. - England. - China. - India.-Case of Ram
Mohun Roy.-Mahomedan.--Mexican
164
Modern European Oaths.-Italy.-Tuscany; great improve-
ment in their practice deserving imitation.-Austria.-France. 175
Oaths in Spain.-" Manquadra."-Scotland...
185
PERJURY.
Perjury. Causes which lead to it.-Heineccius.-Definition of
Sir Edward Coke.-Inconsistency of the English Law.-Per-
jury to be viewed both as a religious offence against God, and
a civil offence to be punished by the State......
192