eoo S. U. :M a. T R AZi 
the quellion ; (lor does the witnefs firfl: make a general oath to fpeak the^ 
truth, and nothing bur the trtith, Wh^^ll a fat^ is to be eftabliflied, 
eitheiv on the part of tha planriff, or of the defendant, he is alked if he 
czn produce any erideiice to the truth of what he aflerts. Oi^^irwcring 
in the affirmative, he is direded to mention the perfon* This witnefs 
niuft not be a relation, a party concerned, nor even belonging to the 
fame doofoon* He muft be a refponfible man, having a family aidhe 
determinate place of refid^*^. Thus ciual^lied, Wis cvklence nmy held- 
iiiittcd* The fad to be proved is meiirioiied to him before he is fworn. 
If he confirtiis the alRrtnon, it remains for hta and th^^ party concerned, 
to make oath to tht truth of it 5 and thus the fia€t is eftablififiiedv They 
-hav^ a fettled rule in refpea: to the paft^^ th^ give in cv^idfenco. 
For inftance; A. fues fi. ^or a debt: B.^niea the A is now to 
bring eviiience to the debty or failure thereof, it rerfiaiiis tvith B» td 
clear himfelf of the ^lebt^ b^ fwearing himfelf tiot indebted H ul fi. 
acknowledged that fuck a ^ebt had formerly fubfiiied, but was fince 
paid, it would be incum4^efi€ oh &. to prove the payment by evideiace, 
CfTOncfailure it would reft ftlt^i A. ^ cohSFM tliie d^fbt^s b^ihgtHH'^u^e, by 
hts <i^th* Thiti >s nil inir-ertiabic nH€K*ey ^ferveci ifi 'a4l cafes of property*; 
/jr* :;dj til bai>u c*rfv/ ntm 
As their manner of giving evidence diflfers frmti dur^, fo alfo dCtes 
nature of an oath among them differ from our idea of it. In many cafes 
itirs tcquifite that they Ihoui^ f^vearwit wh^Vit 'is^ ni&t polOfifeffe, in na- 
ture of things, they ihemlB khoflv tti b^e tt^» A. fties B. for a debt-due 
from the father or grandfather of B. to* the ^th^eti ior gra^idfatheV of A* 
The original parries are dead, and m -^^nef^^f the traafadfeion fur- 
>riv^s* Mow is the matter to be detitkd^? It-rcrnains with to make 
oath, that his father dr grandfatlier ficvei? wafr ind^b^ed to A's j or^that if 
he was indobted, the debt had be^n paid. " This, among us, would be 
■efteemod a v^ry ftrange method of deciding eaufes ; but among thefe 
people, fcmething of the kind is abfollitely ii^ceffary. A^ th^y -have 
no fort of written accounts, nor any thing like records or regilters 
among them, it Wodld be utterly impoifibre,'ibr the plaintiff to eftai>liih 
the debt, by a pofitive proof, m a mukiiude of cafes; and was the fuit 
