OATHS OF WITNESSES.
{"newspaper_name": "The Wilmingtonian, and Delaware register.", "edition": "01", "page": "p3", "byline": "Iyom he 1.orh american Revic7,"}
Irom the l.0rth american Repic7e.


The general principle is that witness, il
giving his testimony, shall appeal for the
truth OF his declaration to a God who is the
avcnger Of falselIood. But what God? the
God ofthe Christians, said the ancient con,-
mon law---and therefore neither Jews, nor
Pagans, nor unbcievers, could be permit
ted to testify The form Of taking an oath,
which was settled in Popsh times, was
plainly founded upon this opinion. The
person about to testify laid his hand upon
the books of the Holy Evangelista,* who as
well as the Supreme Being, were invoked
as witnesses, and after repeating the oath,
he devoutly kissed the book in token of his
belief ard reverence. 1t was soon found
however that the testimony of Jews was Of
ten necessary for the due administration Of
justice; and it was held that Jew might be
examined as witness. after swearing uron
the books of the Old Testament, and APP
pealing to the God IF Moses. The law stood
thus without any material Inconvenience or
change, till the year 1867, when in the case
of Dr. Owen, Vice Chancellor Of Oxford,


it was held that kissing the book, abopt
which he had religious scruples was no es-
sential part of an oath


AS the commercial intercourse q: Eng
land with other nations increased, the mar
rowaess Of the rule began 70 BE- felt; and in
the great case of Omichund Us. Barker in
l74A, it VS. held by Lord Chancellor hard
wickr, assisted BY three chiefs, that the
dispositions Of Gcntoo, residing in the
Fest Indies, relating to Il contract made
there, and sworn t. according to the form,
Of his religion, conid be received in evidence
in the court Ct chanccry. One step further
was taken in 1904. On the trial of certain
persons Indicted for felony before Graham
4. at the Old Bally Sessions. Il native oi
China, after dashing in pieces saucer, whi;h
he took in his hand for that purpose, and de
clar;ng his belief, that his God would SO


dash him in pieces, fine uttered falsehooi,
was received and examined as a witness.
And in exact accordance with this, the de
position of French witness was reccivtd
in the Supreme Court of Massachusetts,
who made his declarations "a Ia maine dioie
lcvee;' it being proved that in France the
lifting up the right hand is held to inhf
an oath. In these several cases the gener-
al principle was preserved, but its applica'
tion was regulated by the circunstan,
ces of Society, and the state of public opin.
ion. A code or statute prescribing the form
of oaths Judicial proceedings, would have
been innexihe.


--1


*The several oaths, prescribed by acts OF
Parliament to be taken in the English
Custom House, conclude with the adjula-
tion,-'as God you help, and his Sainfa.'