upon the point before us, communicated to me on the best authority. A solemn inquiry was lately conducted, under the Record Commission, by men of undoubted integrity, and talent, and learning, which not only affected the character of the individual concerned, but involved the forfeiture of a lucrative situation should the result of the investigation be unfavourable. The inquiry was carried on with the utmost anxiety to reach the truth, and (after, as I understood, grave deliberation,) it was conducted without the administration of a single oath. Each witness was admonished to speak with the same regard to truth, as if he were upon his oath. And the commissioners were fully satisfied that they had arrived with equal safety at the truth. But to return to the laws of Italy.

The eleventh section runs thus, "whenever either the culprit, or any other person, shall, by the direction of the magistrate, be obliged to give bail, neither the person bailed nor his bail shall take any oath, And, as well in this case, as in the case of a promise on oath (which was usually admitted instead of bail, and which we altogether abolish) the magistrate shall be satisfied with his promise under bond, &c."

Section 12. "We enact, that whenever it be lawful to put a person on oath, for any cause whatever, the judge or the magistrate before

administering it, shall warn the persons on the obligation which an oath carries with it, dwelling on its essence and importance; and, to make a greater impression, we abolish the form of simply causing a paper to be touched*, and we order that the oath shall be given before a crucifix; and if the person do not belong to the Church of Rome, then he shall be put upon his oath, after the aforesaid warning, according to the most respected and feared rule of his religion.”

In the Austrian code of Joseph the Second (1782), we find the abolition of a curious oath in some of the universities. Before that time students and graduates were compelled to declare upon oath their belief in the immaculate conception of the Virgin Mary. The law runs thus: "Whereas the importance of an oath requires that it should be given only when it can be founded on the most certain truth, and where there is necessity for it,

* To understand this, we must remember, that in most foreign countries, before the French revolution, the form of oath was to put the hand upon the Gospels. But as the book was not always at hand, and as the occasion for it was very frequent, the practice was introduced of causing the person to touch a scrap of paper instead of the Gospels, as if it were a copy of the Gospel. Hence, in old deeds, the formula is often to be met with, "tactis &c., ut," or "tactis &c., quasi ;" that is, "having laid his hand upon paper, as if it were a copy of the Gospels." This led to a lamentable increase of perjury. The custom is still prevalent in many parts of Italy, such as Piedmont, the Roman States, Modena, &c.

6

we abolish henceforth the oath, De immaculata conceptione' in all the universities and places of education, and on the conferring of academical degrees."

By the same authority it is enacted (in 1781), that any person taking an oath, whether in orders or not, whether male or female, shall take his oath raising the thumb and the two first fingers of the right hand, and shall use no other formula than, "So help me God."

In the criminal code which was in force in the kingdom of Italy under the government of Napoleon, the following enactment is found. "Every witness, before being examined, is put on his oath, previously to which the judge admonishes him of the importance and sacredness of the oath, and reminds him of the punishment to which false witnesses expose themselves; after which the judge and the clerk rise, and bare-headed, the judge causes the witness to take the oath in the following words: 'I, A. B., swear and promise before God, the infallible judge of my conscience, and the tremendous avenger of perjury, to tell the whole I know on every question that shall be put to me. So help me God.' And no other form or outward act shall be observed*."

In the code for civil proceedings now in force at Parma, we find the following enactment (1820).

* Code for Criminal Proceedings, 166.

Every Catholic takes his oath kneeling, putting his right hand on the holy Gospels, and uttering the words "I swear, calling God to witness the truth of what I am going to say."-Sect. 407.

FRANCE.

upon

IN France, the form observed is, for the president to cause the witness to lift up his hand, and say, "I swear*." One in holy orders lays his hand his bosom. The princes of the blood were not formerly compelled to swear. This was settled in an appeal in 1669. Condé, who was named general legatee by the Countess de Guitault, refused to make his affirmation on oath, pleading his privilege.

Witnesses and interpreters are sworn very much as in England, only it is added to their oath, that they will act " without hatred and without fear."

* M. Merlin, Répertoire de Jurisprudence, 1827.
† I believe there is now no such distinction in France.

CHAPTER IX.

MODERN EUROPEAN OATHS (CONTINUED).

SPAIN.

IN the Compendio del Derecho de España we learn that the form of oath used in determining suits is this, "You swear by God the Father, and by Jesus Christ his son, and by the Holy Spirit, who are three persons and one true God; and by the Holy Evangelists, and by the cross (or upon the altar), that the answers you shall make And he who gives the oath shall saySo help him God, as he speaks the truth; and he who swears shall answer-Amen."

are true.

I conceive there must be different modes of taking an oath judicially in Spain. An accurate and well-informed Spanish gentleman has assured me that the oath with which he is most familiar in their courts is," That the witness shall form a cross, by placing the middle of his thumb on the middle of his forefinger, and as he kisses it, say-By this cross I swear."

There is a very curious incident, with which I have since become acquainted, and which I cannot help connecting with this form of oath in Spain. I have no other reason however for connecting the two circumstances, than the question which immediately offered