FORMS OF JUDICIAL OATHS.
(Vol. vii., p. 458.)
Will you permit me to make a few observations in reply to the Queries of Mr. H. H. Breen on this subject?
There is hardly any custom more ancient than for a person imposing a promise on another to call on him to bind himself by an oath to the due performance of it. In this oath the person swearing calls on God, the king, his father, or some person or thing to whom he attaches authority or value, to inflict on him punishment or loss in case he breaks his oath. The mode of swearing is, in one particular, almost everywhere and in every age the same.
When a father, a friend, a sword, or any corporeal object is sworn by, the swearer places his hand upon it, and then swears. When a man, however, swore by the Deity, on whom he cannot place his hand, he raised his hand to heaven towards the God by whom he swore.
When Abraham made Abimelech swear to obey him, he caused him to place his hand under his thigh, and then imposed the oath; and when Jacob, by his authority as a father, compelled his son Joseph to swear to perform his promise, he ordered him to go through a similar ceremony. (Genesis, ch. xxiv. v. 5., and ch. xlvii. v. 29.)
In the prophet Daniel we read that—
"The man clothed in linen which was upon the waters, held up his right hand and his left hand unto heaven, and sware by Him that liveth for ever and ever," &c.—Daniel, ch. xii. v. 7.
In the Revelation we also find—
"And the angel, which I saw stand upon the sea and the earth, lifted up his hand to heaven and sware by Him that liveth for ever and ever," &c.—Revelation, ch. x. v. 5, 6.