JupiciaL OATHs. 159 
are authorised to give their verdicts on honour, without the 
sanction of an oath, when acting on their judicial capacity, but 
are not so exempted in any case of ordinary witness-bearing. In 
ancient nations the oaths were taken over the altars and relics of 
saints. In patriarchal times the oath was sworn by placing the 
deponent’s hand under the thigh of the magistrate—a practice 
which if followed in modern times would in many cases be pro- 
ductive of much physical inconvenience to the Bench, and no 
small hazard to the witness. The Jews swore with their right 
hand uplifted to heaven. The practice is apparently referred to 
by King David in these words, “ Whose mouth speaketh vanity, 
and their right hand is the right hand of vanity.’’ The practice 
of the uplifted right hand is followed in Scotland, but not in 
England. With us the oath is administered as I have said by 
the judge or magistrate standing. In England that duty is left 
to an inferior officer of Court, and “the cataract ef words poured 
forth on the cloud of witnesses,’’ is as rapidly sealed by a sym- 
.bolical kiss on the greasy boards of what is presumed to contain 
the Gospels. The prayer book has been held a sufficient substi- 
tute. In this and many other matters our Scotch legal pro- 
cedure may claim comparison with that of England or Ireland. 
A Jew is sworn on the Old Testament with his hat on, a staff in 
his hand. Mohammedans are sworn on the Koran. A nomi- 
nate religion is not necessary for the taking of an oath, thus a 
negro who said he believed in God and a future state was ad- 
mitted. A story is told of a negro witness who, when in the 
witness-box, was asked by the judge—* Do you know the nature 
of the oath?’’ Witness—“Sah.’’? Judge—‘“ Do you understand 
what you are to swear to?’’ ' Witness—“ Yes, sah, I’m to swear 
to tell de truf.’’ Judge—“ And what will happen if you do not 
tell it? Witness—-“I ’spects our side ’ll winn de case, sah.”’ 
A Chinaman takes the oath holding a saucer in his hand, 
and dashing it to pieces at the conclusion of the formula, indica- 
tive of his sense of God’s wrath should he falsify the truth, and 
become a vessel of wrath, and fit for destruction. Some doubt 
has been thrown on the methods hitherto employed in swearing a 
Chinaman. Up till now it has been usual to swear Chinese 
witnesses by breaking a saucer or blowing out a lighted candle. 
The procedure followed in either of these picturesque methods is 
first of all to swear the interpreter in the usual way. When the 
