CHAPTER II.

"Now don't let us give ourselves a parcel of airs and pretend that

the oaths we make free with in this land of liberty of ours are our

own; and because we have the spirit to swear them,--imagine that we

have had the wit to invent them too."--_Tristram Shandy._

When Hesiod fabled the god of oaths to be the son of Discord, the poet

could hardly have foreseen the grim reality that would attach to his

satiric allegory. It is now a very small thing--a matter of no

consequence at all--that serious and well-meaning men once attested

their assertions by making passing reference to Minerva or Helios. But

yet is it none the less necessary to realise that they made such

reference for the express purpose of being believed, and that when not

pronouncing one or other of these forms of speech, they ran a strong

chance of being absolutely disbelieved.

Hesiod has dimly chronicled the genealogy of oaths. But it was for other

generations to chronicle their posterity, to hear them derided in the

amphitheatre, and to see the divinities that inspired them shattered

and broken down. But there is a singular survival and continuity of the

ancient practice: men still swear by Jove.

A like process of declension seems to have gone on in all countries and

in the same fashion. To begin with, the origin of all swearing was the

same--the one intense dread of falsehood against which as yet no laws

were sufficient to guard. Fancy the mortal distress of barbarian man

when he first wakes to the belief that his enemies can, by smooth

speech, wrest from his hands what his prowess or his labour has

acquired. No art that he is aware of can pervert the action of tongues

set falsely going. Seeing how illimitable is the crop of words, he may

even imagine a plague of lies that will fall thick about him like

locusts or caterpillars; and then arrives the old expedient. Men fasten

upon a symbol such, as it is hoped, the hardiest will revere, and

syllable it out as evidence of truth.

If we are not mistaken, it may even be said that the degree of

refinement that a community has attained is discernible by taking as a

standpoint the merchantable character of truth. Wherever civilisation is

advancing, the ultimate unserviceability of lying becomes the more

apparent, and there ensues in consequence a depreciation in the value of

veracity. The more widely truth is recognised, the more does it

deteriorate in price, while falsehood ceases to arouse its former

measure of reprobation. Then it is, and not, indeed, until then, that

the old blundering remedy by means of oaths and oath-taking is laid

aside as out of date and no longer availing. Nowadays, at least among

most races of mankind, the ordinary inducements to veracity are of

themselves felt to be sufficiently powerful as to leave no ground for

contending that truthfulness should be the subject of rewards and

bounties. No money value is attached as of right to the performance of

an obvious duty, but in remoter times the recognition of such a

doctrine, could it have been recognised at all, would have spared the

coffers of Roman sesterces and have made the work of the Athenian

pay-clerks hang lightly on their hands. The fact would seem to be that

the prevalency of this deliberative swearing will always be found in

inverse ratio to the prevalency of truth.

The later civilisations may, therefore, be said to have profited by

centuries of untruthfulness in that they have learnt the preponderating

advantages of an intelligible code of truth. To seek an illustration by

comparison of two periods perfectly dissimilar, it may be affirmed that

there was no greater proportion of really truthful men in France at the

period, say, of Voltaire, than twelve hundred years previously at the

period of Gregory of Tours. But the countrymen of Voltaire had become

fairly apprised of the expediency of common veracity, and their

assertions, in consequence, were not accustomed to be disbelieved. But

among the Fredegondes, the Clotaires, and the Cunegondes of Gregory's

Frankish history, the case is wholly different. In that day it might

almost be supposed from a perusal of the work that the faculty of

truth-telling was lost, or more correctly that it had never arisen, so

necessary was it considered to put a statement to the severest test

before the possibility of its accuracy could be admitted. In an

indulgent, selfish, but disciplined civilisation, a statement is

generally presumed to be true which bears the ordinary impress of

veracity. In periods considerably less intellectual and enlightened, we

shall find that nothing is presumed to be true until it has been

subjected to a searching process of corroboration. It is in fact this

process of corroboration that has furnished all ranks of swearers with

their necessary side-arms and equipment.

In the two conditions of society we have just indicated, there is

revealed at once the cause and effect of promiscuous oath-taking. The

one, incredulous and diffident of belief, imposes oath upon oath as its

natural safeguard, and engages in an unremitting struggle to render

the bond of truthfulness subservient to a despotic will. The other is

weary of forms that have outlived whatever spirit was once imparted

them; it has snapped asunder the galling fetters, and made sportive

capital of the lumber that remains. An intervening age of irony probably

sufficed to undermine the sanctity of the swearing obligation, until at

last the oath of more sober times has come to be a common catchword, or

the fustian ornament of somewhat spirited talk. In short, we shall

always find that the sonorous expletive of recent days is nothing else

than the once deliberative oath of Christian piety.

Human ingenuity has seldom been more industriously employed than in

attempting to restore successive breaches in the observances of

swearing. Among the Western nations, it is said, religious sentiment had

nothing to do with the foundation of the usage. With them swearing is

represented to have been of purely military origin, and the oaths taken

upon sword and javelin to have owed nothing to the emotions of piety.

The process undergone by the military oath of Gaul before it finally

culminated in an expression of religious import, was of a very slow and

gradual kind. The Franks were accustomed to appeal to the drawn sword

as being the only arbiter of existence. In course of time the sanctity

of this engagement was broken through, and to ensure due regard for the

solemnity of the oath, it was found necessary to make the weapon the

subject of an impressive ceremony. By the capitularies of Dagobert, the

sword and harness of the warrior were required to be consecrated. Still

later, the name of God was brought into the compact. "If two

neighbours," ordains King Dagobert, "are in dispute as to the boundary

of their possessions, let them bring into the camp a turf of the

disputed territory; and each, with hands resting on the points of their

swords, and taking God to be the witness of the truth, shall give battle

until victory decides the question." Not only was the military oath

superseded; but, as years wore on, even these additional guarantees

proved themselves to be ineffectual. The interposition of saints next

came to be deemed essential, and again with the most conflicting

results. When Chilperic and his brothers divided the kingdom of

Clotaire, and swore never to enter the capital except as allies, their

treaty was ratified by oaths taken in the name of Saint Hilaire, Saint

Policeute, and Saint Martin. As time advanced, these further methods of

precaution in their turn proved abortive. Chilperic, seizing Paris in

contravention of his oath, carried as an antidote the relics of more

potent and illustrious saints in the van of his victorious army. So

dangerous a precedent being once admitted, it became necessary to resort

to still other expedients. It was thought as well to ascertain with what

degree of veneration the intending swearer might happen to regard that

particular member of the calendar whose name was proposed to be invoked.

In doubtful cases, therefore, it was not unusual to conduct a deponent

from one shrine to another, that among the multitude of oaths one of

them at least might prove effectual. A son of Clotaire, being plied by a

rebel agent with insurrectionary advice, thought it prudent to conduct

his adviser before the altars of no less than twelve churches before he

felt himself justified in listening to the representations that were

offered him.

It would seem, indeed, from the practice of half barbarous nations, that

so far from the Deity, or even the monuments of religion, being the

immediate subject of the swearing obligation, these were practically the

most remote. During the second siege of Rome by the Goths, the ministers

of Honorius were called upon to swear solemnly that they would refuse to

entertain any overtures of peace, and would wage implacable warfare upon

the enemy. With great difficulty were they induced to confirm this

engagement with an oath taken by the head of the emperor. This formula

was the most impressive and, in effect, the most binding that could well

have been resorted to, and it is reported by Gibbon that the ministers

were heard to declare that had the same oath been taken by the name of

the Deity they would have held themselves free to depart from it. In

doing blind obeisance to the arms of warfare or the symbols of

authority, the ancient world only varied from the modern as the usages

of religion differ from those of idolatry. In Rome, we are told, the

spear was sacred to Juno, and in the province of Rhegium was worshipped

as Mars. In Scythia the sword was glorified as the messenger of life and

death. And it is to be noticed as an evidence of the superstitious

sanctity that pervaded warlike implements, that in Rome, according to a

half-religious rite, the hair of newly-married women was parted with the

point of a spear. The oaths, in fine, of the Western military nations

distinctly breathe of the spirit of war, while those of the more

dreamful Eastern world are redolent of light and air, of sun and shade.

To this day in Servia the popular forms of swearing express dependence

and reliance upon the powers of nature. _Taku mi Suntza_, So help me

sun; _Taku mi Semlje_, So help me earth, are the methods of

asseveration that are in every-day use.

That period in modern history at which the deliberative oath had assumed

something of its ultimate shape is marked by the occurrence of one

singular invasion of its solemnity. The incident we refer to is the

charge preferred by Thomas-a-Becket against John the Marshal, to the

effect that he had sworn upon a "book of old songs" instead of upon the

sacred writings which had then become the proper instruments for this

purpose. Indeed, in tracing the history of these observances it would

seem as if an endeavour was being constantly made to frustrate the aims

and ends of swearing, and that the more Christian modes were only

resorted to when every pagan method had been found inoperative. To swear

upon the authority of everything that was terrible or grotesque--by the

sword or javelin of a conquering nation, as by the love-token on a

maiden's sleeve;[1] by the sepulchre of a debtor;[2] by the abbey church

at Glastonbury,[3] or by the price of the potter's field[4]--these were

expedients that had been tried and been forsaken before the modern forms

of swearing were reached. Like the time-expired worship of the

divinities of the mythology that, in the one solitary temple of Mount

Casano, was maintained for some hundred years after the gods of Olympus

had been deposed: so the impious oaths of pagandom continued to jostle

and wrestle with those of Christianity for many centuries after

authority had pronounced their doom. "Olympian Jupiter!" exclaims

Aristophanes, at the mention of that oath, "to think of your believing

in Jupiter, as old as you are!"

How stubbornly the ground was contested may be inferred from the

enactments of civil and ecclesiastical law. So early as the ninth

century, Justinian prescribed the punishment of death for the offence of

swearing by the limbs of God. The code that prevailed in the northern

districts of Britain was more severe than any that was enforced

elsewhere in these islands. By statutes of Donald VI. and Kenneth II.,

the penalty of cutting out the tongue was inflicted upon swearers. In

France, Charlemagne legislated expressly against the practice of impious

oath-taking, and by an edict of Philip II. swearers were condemned to

drowning in the Seine.[5] The Council of Constantinople passed a

sentence of excommunication upon the swearers of heathen oaths.

To how great an extent this unmeaning discord disturbed the current of

mediaeval life may be seen from an examination of contemporary

literature. In particular, we may instance an early fragment that has

come down to us, and was evidently intended as a glowing satire upon the

prevalence of the abuse. It is called the "Moralite des Blasphemateurs,"

and was issued from the Paris press in the early part of the sixteenth

century. The whole design of the piece is to exhibit the supposed agency

of the potentates of Hell in proselytising mankind towards the adoption

of the most abhorrent blasphemy. Satan, according to demonologists once

the governor of the north of Heaven, is now a feudatory prince in the

kingdom of Beelzebub. He is presumed to act under the orders of Lucifer,

the judge of Hell, and is joined in his commission by Behemoth, the

henchman and cupbearer of the infernal chiefs. There is a sufficiency of

invective in the opening greeting of these personages that was doubtless

calculated to add to the repulsive character of the performance:--

"Sathan, ennemy traistre et faulx,

Ou es tu mauldict loricart?"

To which Satan replies:--

"Que veulx tu, mauldict Lucifer?

Que te fault-il, beste saulvaige?"

Their salutation finished, these worthies proceed to recount the sport

they have had on earth. Satan has visited the land of France, where he

has spent his time in the company of horse-stealers and cattle-lifters,

fellows, he assures them, who have no thought for mass or vespers; and

he has left them feasting day and night, getting as drunk as herons.

This account of his stewardship seems to give but small satisfaction to

Lucifer, who thereupon bids his followers--

"Allez tost par mons et par vaulx

Faire jurer le nom de Dieu

A garses et a garsonneaulx

En toute place et en tout lieu.

C'est une belle operation

De jurer Dieu a chascun point."

This strain of conversation continues through over a hundred pages of

closely-printed matter, and is only varied by the exordiums of certain

more admirable characters, who are introduced, as we must suppose, to

point a moral to the story.

The state of feeling disclosed by this offensive farce shows plainly,

even at that time, that the public which tolerated it had passed out of

a state of mere supineness and had assumed an attitude of disrespect and

defiance towards the authority of oaths. The system had been allowed to

overreach itself, and thenceforward its set forms and all the

paraphernalia that pertained to them were made over to the service of

criminality and to the uses of violent speech. The modern practice of

swearing, in either its flippant or vituperative shape, is derived from

the break-up of the process once devised as a protection of truthfulness

and fair dealing. So nearly allied have been the oaths of piety and

statecraft with those of violence and malice, that the severer thinkers,

whether Lollards, Puritans, or Quakers, have waged a war of

extermination against both alike. They have contended, and with some

amount of probability, that these jarring expletives of passion and

irreligion have only been perpetuated by reason of the familiarity that

has ensued from the undue exaction of legal tests. The same stubbornness

with which they combated the evil in endless tracts and broadsides they

maintained before courts and inquisitions. At the Lancaster Assizes of

1664, George Fox and Mrs. Margaret Fell stood upon their trial for

refusing to conform. "I have never laid my hand on the book to swear in

all my life," urged the woman. "I do not care if I never hear an oath

read, for the land mourns because of oaths." And then appealing to the

jury she exclaims: "I was bred and born in this county and never have

been at this assize before. I am a widow, and my estate is a dowry, and

I have five children unpreferred."

There was one device of oath-taking, half pagan and half barbaric, which

but very slowly relaxed its hold on Christian Europe. We have spoken of

the oath upon the sword--the oath of ancient Scythia, the oath of the

Antigone of Euripedes. In the terrors of an isolated death, remote from

all the outward appliances of his faith, the stricken warrior found

consolation in raising before his vision the hilt of his scabbardless

sword. The tapering metal-hafted blade threw the shadow of a cross upon

the dying soldier, and to this rude emblem the poor fevered lips would

stammer out their last words of petition. The sword had become a revered

symbol conveying to the departing the hope of divine favour and

intercession. This thought so powerfully arrested the imagination that

it did not relinquish its grasp when a period of security had succeeded

a reign of bloodshed and danger. In the traditions of Denmark, the oath

upon the sword-hilt was preserved in a spirit of deep solemnity. Later,

in English history, the King-Maker took his vows upon the cross of his

bared steel, and the custom lingered in effigy to the days of Elizabeth,

when the fencing-masters, practising their calling at the Bear Garden,

were required to take an oath upon their rapier's hilt to carry

themselves honourably in their profession.[6] The gravity with which

this form of conjuration is approached by Hamlet's followers is evident

from the passage:--

"_Hor._ }

} My lord, we will not.

_Mar._ }

_Hamlet._ Nay, but swear it.

_Hor._ In faith, my lord, not I.

_Ghost._ (beneath). Swear!

_Hamlet._ Ha, ha, boy! say'st thou so? art there, true-penny?

Come on--you hear this fellow in the cellarage,

Consent to swear.

_Hor._ Propose the oath, my lord.

_Hamlet._ Never to speak of this that you have seen,

Swear by my sword."

The ground that we have thus far traversed is really one of a remarkable

struggle, that has not abated even in our time. It is not the intention

of this essay to follow the history of judicial oath-taking, or of the

attestations that would seem to be demanded by conscience or religion.

But it must be remembered that the subject of vituperative swearing is

so interwoven with that of these legal and religious ordinances, that

the consideration of them must be frequently forced upon us. But whilst

doing so it should be no less borne in mind that we are never really

losing sight of the object we have in view. We aim simply at

disinterring a neglected, possibly a justly neglected, chapter in the

world's social history, and are called upon to judge both of the tree

and its fruit, of the seed and the grain.

A cursory history of swearing · 第 2 / 9 章