solenniora Christianorum juramenta fierent, aut tactis sacrosanctis
evangeliis, aut inspectis, aut in eorum praesentia manu ad pectus amota,
sublata aut protensa_; atque is corporaliter seu personaliter
juramentum praestari dictum est, ut ab juramentis per epistolam, aut in
scriptis solummodo praestitis distingueretur, inde in vulgi passim ore."
Lord Coke tells us, in the passage quoted at p. 364., that this was called
the corporal oath, because the witness "toucheth with his hand some part of
the Holy Scripture;" but the better opinion seems to be, that it was so
called from the ancient custom of laying the hands upon the _corporale_, or
cloth which covered the sacred elements, by which the most solemn oath was
taken in Popish times.
As to the form of kissing the book, I am inclined to think that it is not
of earlier date than the latter part of the sixteenth century, and that it
was first prescribed as part of the ceremony of taking the oaths of
allegiance and supremacy. In the _Harl. Misc._, vol. vi. p. 282. (edit.
1810), is an account of the trial of Margaret Fell and George Fox, for
refusing to take the oath of allegiance, followed by "An Answer to Bishop
Lancelot Andrewe's Sermon concerning Swearing." At p 298., Fox brings
forward instances of conscientious scruples among Christians in former
times, respecting the taking of oaths. He says:
"Did not the Pope, when he had got up over the churches, give forth
both oath and curse, with bell, {472} book, and candle? And was not the
ceremony of his oath, to lay three fingers a-top of the book, to
signify the Trinity; and two fingers under the book, to signify
damnation of body and soul if they sware falsely? And was not there a
great number of people that would not swear, and suffered great
persecution, as read the _Book of Martyrs_ but to Bonner's days? And it
is little above an hundred years since the Protestants got up; and they
gave forth the oath of allegiance, and the oath of supremacy: the one
was to deny the Pope's supremacy, and the other to acknowledge the
kings of England; _so we need not tell to you of their form, and show
you the ceremony of the oath; it saith_, '_Kiss the book_;' and the
book saith 'Kiss the Son,' which saith 'Swear not at all.'"
Still the laying of the hand on the book seems to have been an essential
form; for, during the trial, when the oath was offered to Margaret
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