flection would correct those sudden ebullitions either of anger or fancy, by which, if applause be gained, peace and friendship are destroyed, our tranquillity disturbed, our character ultimately injured, or at least ruffled in the estimation of every one who knows his duty.

Lastly; these rules, and every rule upon the subject, would become unnecessary, if we once acquired, perhaps if we sincerely sought, that disposition which Christianity inculcates and enjoins which disposition is not that of the proud and haughty and jealous, or peevish and passionate and captious, least of all of the malicious and vindictive, but is mild and gentle, patient and long-suffering, forbearing and forgiving; and if any one be overtaken in a fault, restoring such a one in the spirit of meekness, under a constant sense of our own trials and frailties, lest we also be tempted.

XXXIX.

OATHS.

HEBREWS VI. 16.

"For men verily swear by the greater; and an oath for confirmation is to them an end of all strife."

PERHAPS there are few who, in the course of their lives, are not, upon some occasion or other, called upon to take an oath. Therefore, if there is a thing which well deserves to be learntto be understood-it is the nature and obligation of an oath. It is an article, indeed, in which the sentiments of mankind are not generally to be found fault with; for if there be any one thing which men do hold sacred, it is an oath-if there be one character which they agree to condemn and detest, it is that of the perjured man. I believe it is generally true, that few or none have the hardiness to go about knowingly and deliberately to perjure themselves, but those who have given up all pretensions to virtue, and all concern about it, as well as all hopes of religion and interest about their future happiness or misery. And with some, perhaps, this is no security. But admitting that there is with the generality some concern for virtue at the bottom, there is ground to believe, that their opinion of virtue is rather forced by custom than consideration; and this shows it, that you shall frequently see men scrupulous enough about

the observation of the law of oaths-as oaths, for instance, in evidence before a court of justice, and the like-who are very heedless, not to say worse, of the authority and obligation of an oath in other cases,-as oaths for the due discharge of their office, oaths relating to the customs, and oaths concerning their allegiance, and some others of a like kind. Now it is an oath in both cases; and men's care about the one, and indifference about the other, seem, I say, to indicate that their judgement of oaths is taken up rather from conforming to the prevailing way of thinking, than any just knowledge of the subject, or reflections of their own about it.

In treating this at present, we will observe the following order: we will say a few words first concerning the form of oaths; secondly, their nature, force, and obligation upon the consciences of those who take them.

Now as to the form, an oath is a religious ceremony; and like other religious ceremonies not described or pointed out in Scripture, is, and may be, in different countries and different ages of the world, very various, without any substantial alteration in the thing itself. Amongst the Jews, the person sworn held up his right hand towards the heavens, while he repeated the terms of his oath: which explains the meaning of an expression in the Psalms, "And their right hand is full of falsehood." Amongst Christians, also, the form differs considerably; and in no country, I believe, in the world, is the form worse contrived, either to express or impress the nature of an oath, than in our own. The shortness and obscurity of the form, together with the levity and too great frequency with which it is administered, has brought about an inadvertency to the obligation of an oath, which, both in a religious and political view, is much to be lamented. I do not mean that it is a common practice for men knowingly and deliberately to perjure themselves. I trust, as I said before, that this is rare and singular; but on some occasions, they carry away so little awe or sense of an oath upon their minds, as hardly to know whether they have taken an oath or not; and therefore they must be in perpetual danger of violating the obligation of the oath, from mere ignorance or inattention, or want of thought: which, though it does not come up to the crime of wilful and corrupt perjury, is still a crime. All I think necessary to say, in explanation of the form in use amongst us, is this-that

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when the person sworn repeats the words, "So help me God," he is understood to mean- so," that is, upon condition of my speaking the truth, or performing what I now promise; this he is understood to say when he repeats the words, and to assent to when another repeats them. But whatever be the form of an oath, the substance and signification are the same. It is the calling upon God to witness, that is to take notice of, what we say; and invoking his vengeance, or renouncing his favour, if what we say be false, or what we promise be not performed.

This is what the person who swears in effect does; and no man can do that, and know what he is doing, without an awe or dread upon his mind both at the time and whenever afterwards he reflects upon the obligation he is under, and how far he hath been careful to fulfil it. The knowledge alone of what an oath is, is enough with a serious mind to enforce the authority of it beyond all other arguments.

In further explaining the obligation of an oath, we must lay out of the case the particular mischief which false security, and false swearing, may in any instance do, because that mischief is to be accounted the same as if compassed by any other means; this we will pass over, and observe the general guilt of false swearing, which is what we are to consider. Thus, if we take away the life of another by false swearing, it is just the same as if we stabbed him; there is no difference. If by false swearing we make a cause go otherwise than it would have done, and ought to have done, and thereby deprive the losing side of what he would otherwise have obtained or preserved, it is the same as if we robbed him; the manner of depriving another of his just right makes no difference. Whatever we consider the general nature and guilt of false swearing to be, these particular effects and aggravations are incalculable.

In order then to show, that oaths carry with them a proper force and obligation of their own, it will be necessary for me to show, that there is good reason to believe that God will punish false swearing with more severity than a simple lie, or breach of promise; for unless there be cause to think so, it cannot be contended that an oath has either use or virtue in itself; but that men's bare word or promise might as well be taken, if there be the same guilt in breaking them as a solemn oath. Comparisons of crimes are to be made with caution, for they are attended with this disadvantage-that when we men

tion one crime to be greater than another, the hearer is led to fancy the less crime to be none at all, or to be inconsiderable. Thus, while we prove that false swearing is a greater sin, and will be more severely punished than lying, we are apt to think lying can be no great sin in the sight of God, nor the punishment much. This is not an uncommon, but surely a very weak way of reasoning; for lying remains just the same crime, and the punishment which awaits it will be just the same, whether perjury be a greater sin or not. It does not make the guilt of one action less, to show that the guilt of another is greater, any more than it diminishes the height of one tower or mountain to say that another tower or mountain is higher.

Under this caution, therefore, we proceed to offer our reasons why we believe that God will punish false swearing with more severity than a simple lie, or breach of promise. First; perjury is a sin of greater deliberation. The person who swears has in fact, I believe, the thoughts of God and of religion upon his mind at the time; at least there are very few who can shake them off entirely: he offends, therefore, if he do offend, with a high hand-in the very face, that is, and in defiance of the sanctions of religion. This offence implies a disbelief or contempt of God's knowledge, power, or justice; which cannot be said of a lie, when there is nothing to carry the mind to any reflection upon the Deity, or the divine attributes at all. For a lie may be sometimes pleaded haste, negligence, thoughtlessness, surprise: this can never be alleged in extenuation of perjury. It is doing a cool, concerted, deliberate crime. It may be said of a liar, that he was off his guard-had not the sense of his duty, and of God, the Author of all duty, upon his mind at the time; the reverse of this is the case of perjury. A man must have, from the nature of the thing, and in fact has, the thoughts of God Almighty and of his duty upon his mind at the time; and then it is showing, by transgressing one, and in effect bidding defiance to the other, a false way of implying in the person guilty of it, either a disbelief or contempt of God's knowledge, power, and justice. This is a heavy accusation; but when we reflect that a man who swears calls upon God to witness what he says, invokes his vengeance, renounces his favour, if what he says be false, knowing still that it is false, what are we to think of the swearer's guilt? Can we think he believes that God hears him, that God has the power to punish him, and that God

is a punisher and avenger of wickedness? If he believe these attributes, it is clear that he despises and wilfully defies them.

But, secondly; perjury violates a superior confidence. Mankind must trust to one another; and they have nothing better to trust to than another's oath. Hence all legal decisions, which govern and affect every right and interest on this side of the grave, of necessity proceed and depend upon oaths. Perjury therefore, in its general consequences, strikes at the security of reputation, property, and even life itself. A lie cannot do the same mischief, because the same credit is not given to it. I have repeatedly endeavoured to inculcate this rule, that the way of estimating the guilt of any action is, to consider what would be the consequence if others allowed themselves in the same. The rule will never fail us. Apply it to the case of perjury. What would be the effects, what would be the condition of mankind, if men once began to trifle with oaths, or to allow themselves, without shame or reserve, to swear to a falsehood? No man's innocence, no man's character, no man's estate, no man's life, would be safe for an hour. Who would sleep in his bed in peace that reflected he was in danger of being called out to prison, and perhaps to death, upon the accusation of a false witness; and that, since the obligation of oaths was held no longer sacred, false witnesses were to be procured in every street of a city? We read of something of the kind in the last stage of prophecy, in the state at which some nations arrived before their destruction; and a dismal state of affairs it was. It supplied the place of murder and robbery, when men could take away the lives and fortunes of another by false swearing. This they may always do. Courts of justice, be they ever so honest or so vigilant, cannot help it, for they must trust to oaths of witnesses; for what else, what higher tie upon the consciences of men, can they trust to? So that it is truly said that every man's estate or life is in the power of perjury to take away. And this is true in our own country as much as in any other.

The point we laid down was, that there is good reason to believe that God will punish false swearing with greater severity than a simple falsehood; and we have evidence to prove that it is in reality a greater crime.

But further it is to be observed, in the third and last place, that God, in the Old Testament, directed the Israelites to swear