3$ THE PREDECESSORS OF THE 



" We therefore order the continuance of this way of swear- 

 ing." 19 



It is substantially the same as the way of swearing 

 which was in use in the Supreme Court and on the Original 

 Side of the High Court till the administration of Oaths to 

 Hindoos and Mahomedans was abolished by Act X of 1873. 

 Leaves of the Tulsi [Ocimum sanctum) and water were given 

 by a Brahmin priest in Court to the Witness or J uryman, 

 who swallowed them after the oath had been administered to 

 him by the Interpreter. 



Such of the Hindoos as objected to take any oath at all 

 appear from the following entry in the Minutes of Consulta- 

 tion to have been leniently dealt with : — 



" Monday, 14th July 1735. — Teruwaddee, a Ghizerat, attend- 

 ing represents to the Board that he had been summoned to 

 answer on oath before the M ; yor's Court as a Witness in a cause 

 there depending, and on refusal to take an oath had been fined 

 by the Court, though he represented to them that it was contrary 

 to the custom of the Guzerats ever to take an oath ; and prayed 

 to be relieved therefore by this Board. 



" Whereupon the Board, remembering that in the year 1731 

 all the principal Guzerats were summoned on a Jury and sub- 

 mitted to a fine for non-appearance on account of this very thing ; 

 and that though the fine was for that time levied, yet the 

 Sheriff, and all who have since succeeded in that Office, were 

 cautioned never to return any more of that caste, that so neither 

 they should be forced to an action against their laws on the one 

 side, nor the authority of the Courts of Justice lessened by their 

 not being punished for their disobedience on the other, it was 

 agreed to have been long since settled that the Guzerats ought 

 not to be compelled to take an oath since it was contrary to the 

 known rules of their caste ; and the Honorable Company having 

 directed us to remit such fines laid by the Mayor's Court as 



19 Wheeler's Madras, vol. i, p. 269. 



