fecurity to him. And this is the meaning and reafon of the rule, "jurare in animum imponentis;" which rule the reader is desired to carry along with him, whilft we proceed to confider certain particular oaths, which are either of greater importance, or more likely to fall in our way, than others.

CHAP. XVII.

OATH IN EVIDENCE.

T

HE witnefs fwears" to speak the truth, "the whole truth, and nothing but the "truth, touching the matter in question."

Upon which it may be obferved, that the defigned concealment of any truth, which relates to the matter in agitation, is as much a violation of the oath, as to testify a positive falfehood ; and this whether the witnefs be interrogated to that particular point or not. For, when the person to be examined is fworn upon a voir dire, that is, in order to enquire, whether he ought to be admitted to give evidence in the cause at all, the form runs thus: "You fhall true anfwer "make to all fuch queftions as shall be asked

you;" but, when he comes to be sworn in chief, he fwears "to fpeak the whole truth," without reftraining it, as before, to the queftions that shall be afked: which difference fhows, that the law intends, in this latter cafe, to re

quire of the witness, that he give a complete and unreferved account of what he knows of the fubject of the trial, whether the questions proposed to him reach the extent of his knowledge or not. So that if it be enquired of the witnefs afterwards, why he did not inform the court fo and fo, it is not a fufficient, though a very common anfwer to fay, "because it was

never asked me.'

I know but one exception to this rule; which is, when a full discovery of the truth tends to accuse the witness himself of some legal crime, The law of England constrains no man to become his own accufer; confequently, impofes the oath of teftimony with this tacit refervation. But the exception must be confined to legal crimes. A point of honour, of delicacy, or of reputation, may make a witnefs backward to difclofe fome circumftance with which he is acquainted; but will in no wife juftify his concealment of the truth, unless it could be fhewn, that the law which impofes the oath intended to allow this indulgence to fuch motives. The exception of which we are speaking is also withdrawn by a compact between the magistrate and the witnefs, when an accomplice is admitted to give evidence againft the partners of his crime.

Tender

Tenderness to the prisoner, although a fpecious apology for concealment, is no just excuse; for, if this plea be thought fufficient, it takes the adminiftration of penal justice out of the hands of judges and juries, and makes it depend upon the temper of profecutors and witneffes.

Questions may be afked which are irrelative to the cause, which affect the witness himself, or fome third person; in which, and in all cafes where the witnefs doubts of the pertinency and propriety of the queftion, he ought to refer his doubts to the court. The answer of the court, in relaxation of the oath, is authority enough to the witness; for the law which impofes the oath may remit what it will of the obligation; and it belongs to the court to declare what the mind of the law is. Nevertheless, it cannot be faid univerfally, that the answer of the court is conclufive upon the conscience of the witness; for his obligation depends upon what he apprehended, at the time of taking the oath, to be the defign of the law in impofing it; and no after requifition or explanation by the court can carry the obligation beyond that.

CHAP.

CHAP. XVIII.

OATH OF ALLEGIANCE.

66

DO fincerely promise and fwear, that I will be faithful and bear true allegiance to "his Majefty King GEORGE." Formerly the oath of allegiance ran thus: "I do promise to

be true and faithful to the King and his heirs, "and truth and faith to bear, of life, and limb, "and terrene honour; and not to know or hear "of any ill or damage intended him, without "defending him therefrom:" and was altered at the Revolution to the present form. So that the present oath is a relaxation of the old one. And as the oath was intended to ascertain, not so much the extent of the subject's obedience, as the perfon to whom it was due, the legislature feems to have wrapped up its meaning upon the former point, in a word purposely made choice of for its general and indeterminate fignification.