Chap. IV.]

OATHS.

191

administration, have been very various in different ages and coun-tries. The ancient ceremonies, with which oaths were adminis-tered, were of a most imposing kind ; and we may remark as afact of some interest, in descending the chain of history from an-cient to modern times, a gradual simplification of oaths and theaccompanying ceremonies, as knowledge, intercourse, and goodfaith have become more common.

A very ancient form of the oath consisted in slaying an animal,cutting it into halves, placing the halves opposite to each other,sometimes upon opposite altars, between which the party orparties to be sworn, passed. This form appears to have beenused, when covenants and treaties were made, and upon otheroccasions of unusual importance. Jeremiah says, “ I will giveto punishment the men who have not performed the words of thecovenant which they had made before me, when they cut the calfin twain, and passed between the parts thereof. * This cere-mony was highly significant, importing that the person swornconsented to be cut to pieces in like manner with the animal slainbefore him, if he failed to observe the oath. Sometimes thevictim was struck down with an axe, in the presence of thejurors, without being cut into pieces ; the striking being precededby an imprecation, f Hence the Latin phrase ferire fcedus orpactum, from whence the English phrase to strike a bargainseems to be derived. This ceremony had the same import withthe preceding. J

In the middle ages, when violence and bad faith were equallythe chief characteristics of the times, the parties were sworn, onoccasion of important transactions, at the altar of the church,before the consecrated host, or, which was esteemed still morebinding, upon the relics of the Saints. The form of doinghomage used by vassals to their liege lords, which consisted inthe vassal’s putting his hands between the knees and within thehands of the liege, at the same time kneeling before him, andwhich is in some countries continued to this day, may very

* Jer. xxxiv. 18; Gen. xv. 9, 10, 37. Homer’s Iliad, II. 124 ; III. 105.t Livy, Lib. I. c. 24.

+ See Calmet’s Collections, under the terms “ Oath ” and u Covenant,” andin Fragments, Nos. 03, 129, 131, 277.