eucharistic elements, whence
we still have the common phrase "upon your corporal oath." In each case the
hand was placed on the thing sworn by.
The laws of the Alamanni as to conjurators, direct that the sacrament shall
be so arranged that all the conjurators shall place their hands upon the
coffer (containing the relics), and that the principal party shall place
his hand on all theirs, and then they are to swear on the relics. (_Ll.
Alam._ cap. 657.)
The custom of swearing on the Gospels is repeatedly mentioned in the laws
of the Lombards. (_Ll. Longo._ 1 tit. 21. c. 25.; _Ll. Longo._ 2. tit. 55.
c. 2., and c. 2. tit. 34. _et al._)
In the _Formularies of Marculphus_, two forms of oaths are given, one says
that--
"In palatio nostro super capella domini Martini ubi reliqua sacramenta
percurrunt debeat conjurare."
In the other we read--
"Posita manu supra sacrosanctium altare sancti ... sic juratus dixit.
Juro per hunc locum sanctum et Deum altissimum et virtutis sancti ...
quod," &c.
In the laws of Cnut of England, two forms of oath are given. They both
begin with "By the Lord before whom this relic is holy." (_Ancient Laws and
Justice of England_, p. 179.)
Your correspondent asks "what form of Judicial oath was first sanctioned by
Christians as a body?"
In the history of the Council of Constantinople, it is stated that--
"George, the well beloved of God, a deacon and keeper of the records,
having touched the Holy Gospels of God, swore in this manner, 'By these
Holy Scriptures, and by the God who by them has spoken,'" &c.
At the Council of Nice it is said that--
"Prayer having been offered up, every one saluted the Holy Gospels, the
venerated cross and image of our Lord and Saviour Jesus Christ, and of
our Lady the mother of God, and placed his hands upon them in
confirmation of what he had said."
From these I infer that the custom of swearing on the Gospels received the
sanction of the church at a very early period.
In reply to the question as to other modes of swearing, it may be said
briefly, that men swore by anything to which they attached any importance,
and generally by that to which they attached most importance.
By the laws of the Alamanni, a wife could claim her _Morgen-gabe_ (or the
gift of the morning after the wedding night) by swearing to its amount on
her breast; and by the Droits d'Augsbourg, by swearing to it on her two
bre
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