face, that is, in defiance of the fanctions of religi on. His offence implies a difbelief 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, ftrikes at the fecurity of reputation, property and even of life itfelf. 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 reprefent oaths, as having fome meaning and effect, beyond the obligation of a bare promife; which effect must be owing to the severe 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 feveral cafes of which, fee the Chapter of Promises.

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

* 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. 1. 20.

Heb. vi. 17.

rule,

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.

CHA P. XVII.

THE

HE witness fwears, "to fpeak the truth, the whole truth, and nothing but the truth, "touching the matter in queftion."

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 falfehood; and this, whether the witnefs 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 caufe at all, the form runs thus: "You fhall true anfwer make to all fuch queftions "as fhall be afked 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 fhall be afked which difference thews, that the law intends, in this latter case, to require of the witness, that he give a complete and unreferved account of what he knows of the fubject of the trial, whether the queftions propofed to him reach the extent of his knowledge or not. So that if it be inquired of the witness afterwards, why he did not inform the court fo and fo, it is not a

fufficient,

fufficient, though a very common anfwer to fay, "because it was never asked me."

I know but one exception to this rule; which is, when a full difcovery of the truth tends to accufe the witness himself of fome legal crime. The law of England conftrains no man to become his own accufer; confequently, impofes the oath of teftimony with this tacit refervation. But the exception must be confined to legal crimes. A point of honour, of delicacy, or of reputation, may make a witness backward to difclofe fome circumftance with which he is acquainted; but will in no wife juftify his concealment of the truth, unless it could be fhewn, that the law which impofes the oath, intended to allow this indulgence to fuch motives. The exception is alfo withdrawn by compact between the magiftrate and the witness, when an accomplice is admitted to give evidence against the partners of his crime.

Tenderness to the prifoner, although a fpecious apology for concealment, is no juft excufe; for if this plea be thought fufficient, it takes the adminiftration of penal juftice out of the hands of judges and juries, and makes it depend upon the temper of profecutors and witneffes.

Questions may be asked which are irrelative to the cause, which affect the witness himself, or fome third perfon; in which, and in all cafes, where the witnefs doubts of the pertinency and propriety of the queftion, he ought to refer his doubts to the court. The anfwer of the court, in relaxation of the oath, is authority enough to the witnefs: for. the law which impofes the oath may remit what it will of the obligation; and it belongs to the court to declare what the mind of the law is. Nevertheless, it cannot be faid univerfally, that the anfwer of the court is conclufive upon the confcience of the witnefs: for his obligation depends upon what he apprehended, at the time of taking the oath, to be the defign of the law in impofing it;

and

and no after requifition or explanation by the court, can carry the obligation beyond that

CHA P. XVIII.

..

re

.

I

DO fincerely promise, and fwear, that I will be faithful and bear true allegiance to his Ma jesty King GEORGE." Formerly the oath of allegiance ran thus: "I do promife to be true and "faithful to the King and his heirs, and truth and "faith to bear, of life, and limb, and terrene hote nour; and not to know or hear of any ill or damage intended him, without defending him "therefrom:" and was altered at the Revolution to the present form. So that the present oath is a relaxation of the old one. And as the oath was intended to ascertain, not fo much the extent of the fubject's obedience, as the perfon to whom it was due, the legiflature feems to have wrapped up its meaning upon the former point, in a word purpofely made choice of for its general and indeterminate fignification.

It will be moft convenient to confider, firft, what the oath excludes as inconfiftent with it; fecondly, what it permits.

1. The oath excludes all intention to fupport the claim or pretenfions of any other perfon or perfons, to the crown and government, than the reigning fovereign. A Jacobite, who is perfuaded of the Pretender's right to the crown, and who moreover designs to join with the adherents of that caufe, to affert this right, whenever a proper opportunity, with a reasonable profpect of fuccefs, prefents it

felf, cannot take the oath of allegiance; or, if he could, the oath of abjuration follows, which contains an exprefs renunciation of all opinions in favour of the claim of the exiled family.

2. The oath excludes all defign, at the time, of attempting to depofe the reigning prince, for any reafon whatever. Let the juftice of the Revolution be what it would, no honeft man could have taken even the prefent oath of allegiance to James the Second, who entertained at the time of taking it a defign of joining in the measures which were entered into to dethrone him.

3. The oath forbids the taking up of arms against the reigning prince, with views of private advancement, or from motives of perfonal refentment or diflike. It is poffible to happen in this, what frequently happens in defpotic governments, that an ambitious general, at the head of the military force of the nation, might by a conjunction of fortunate circumftances, and a great afcendency over the minds of the foldiery, depofe the prince upon the throne, and make way to it for himfelf, or for fome creature of his own. A perfon in this fituation would be withheld from fuch an attempt by the oath of allegiance, if he paid regard to it. If there were any who engaged in the rebellion of the year forty-five, with the expectation of titles, eftates, or preferment; or because they were disappointed, and thought themfelves neglected and ill ufed at court; or because they entertained a family animofity, or perfonal re fentment against the king, the favourite, or the minifter; if any were induced to take up arms by these motives, they added to the many crimes of an unprovoked rebellion, that of wilful and corrupt perjury. If the fame motives determined others lately to connect themfelves with the American oppofition; their part in it was chargeable with perfidy and falfehood to their oath, whatever was the juftice of the oppofition itself, or however well founded their own. complaints might be of private injury,

L