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598

Forms of Oaths among various Nations.

"Zegires" against the honour of the Queen. This calumny produced a duel, in order to save her honour. The invincible Lara, the young Fernan Cortes, the brave Aguila, and the venerable Telbez, master of the order of Calatrava, fought against Mofaria, Ali Sahal, and Moctader. The latter Knights were all killed; and upon their death the calumny against the Queen was discovered. The Queen had been accused of adultery, was condemned to be burnt, and, in order to save her life, she implored the assistance of the Spaniards to defend her innocence. And these brave knights, quitting the army of King Don Fernando and Queen Donna Isabel, which besieged Granada, came into the city, and defended the honour of the Queen, unjustly accused of adultery by her subjects.

The palace of Albaycin is not far distant from the Alhamra; it is situate on a hill. There is also the magnificent palace commenced by the Emperor Charles the Fifth, which was never completed, and it is now entirely neg lected. The magnificence of the building, and the style of its architecture, well deserve the favourable consideration of the Spanish government.

TEMPLARIUS.

"Swear unto me here by GOD."-Genesis, chap. xxi. v. 23.

MR. URBAN,

TH

Oct. 9. HIS kind of oath appears not only generally in use in the time of Abraham, but also to have descended through many generations and ages in the East. When Mr. Bruce was at Skekk Amma, he entreated the protection of the Governor in prosecuting his journey. Speaking of the people who were assembled together in the house, he says'-"The great people among them came, and after joining hands, repeated a kind of prayer, of about two minutes long, by which they declared themselves and their children accursed if ever they lifted up their hands against me in the Desert; or, in case that I or mine should fly to them for refuge, if they did not protect us, at the risk of their lives, their families, and their fortunes; or, as they emphatically expressed it, to the death of their last male child among them.” 2

1 Travels, i. 148.

2 See also Genesis, xxvi. 28, 29.

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In Genesis 3 we read, "And Abraham said unto his eldest servant of his house, that ruled over all that he had, Put, I pray thee, thy hand under my thigh, and I will make thee swear by the Lord.'

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The present mode of swearing among the Mahomedan Arabs, that live in tents, as the patriarchs did, according to de la Roque, is by laying his hands on the Koran. They cause those who swear, to wash their hands before they give them the book; they put their left hand underneath, and the right over it. Whether among the patriarchs one hand was under and the other upon the thigh is not certain. Abraham's servant might possibly swear with one hand under his master's thigh, and the other stretched out to Heaven. As the posterity of the patriarchs are described as coming out of the thigh, it has been supposed that this ceremony had some relation to their believing the promise of God, to bless all the nations of the earth, by means of one that was to descend from Abraham.5

Another species of oath is met with in Genesis," By the life of Pharaoh." Extraordinary as the kind of oath which Joseph made use of appears to us, it still continues in the East. Mr. Hanway relates that the most sacred oath among the Persians, is by the King's head; and, among other instances of it, we read in the Travels of the Ambassadors 8.

And

"There were but 60 horses for 94 persons. The Mahommedan (or conductor) swore by the head of the King, (which is the present oath among the Persians) that he could not possibly find any more. Thevenot says, his subjects were brought before him with fear and trembling, and they have such respect for him, and pay so blind an obedience to all his orders, that, how unjust soever his commands might be, they of God and nature. Nay, if they swear by perform them, though against the law both the King's head, their oath is more authentic, and of greater credit than if they swore by all that is most sacred in Heaven and upon earth." 10

The following account is given 1 of the form of a Mahometan swearing upon the Koran :

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PART II.]

Forms of Oaths "An Alcoran was accordingly produced. The witness first placed his right hand flat upon it; put the other hand to his forehead, and brought the top of his forehead down to the book, and touched it with his head. He then looked for some time upon it, and on being asked what effect that ceremony was to produce, he answered, that he was bound by it to speak the truth."

At the Old Bailey December 1, Sessions 1804, a Chinese was sworn according to the form of the Courts at China, by holding a saucer in his hand, which he dashed to pieces at the conclusion of the oath.12

According to the principles of the common law of England, no particular form of oath is essential to be taken by a witness giving testimony in a court of justice. But, as the object is to bind his conscience, every man of every religion should be bound by that form which he himself thinks will bind his conscience most. And therefore, although the Christian oath was settled in very early times, yet the Jews, before the 18th year of Edward I., when they were expelled the kingdom, were permitted to give evidence at common law, and were sworn not on the Evangelists, but on the old Testament. No distinction was taken between their swearing in civil or criminal cases,1 and the practice has been the same since the return of the Jews into England in the 19th year of Charles II.14

15

13

Since the great case of Omichum v. Baker, a question was referred to all the Judges of England, whether a Turk should be permitted to swear on the Koran,16 upon the prosecution at the Old Bailey of a prisoner, for a capital offence; and they were unanimously of opinion that he might.

Dr. Owen, Vice Chancellor of Oxford in 1657, being called upon as a witness, refused to kiss the book, and desired it might be opened before him, and he lifted up his right hand. The Jury prayed the opinion of the Court, if they ought to give the same credit to

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among various Nations.

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him as to a witness sworn in the usual manner; and Glynn, Chief Justice, told them, that in his opinion the witness had taken as strong an oath as any other witness, but he added, "If I were to be sworn, I would kiss the book." 17

In the year 1745, at Carlisle, upon the prosecution of some of the rebels, there was an evidence called, who be longed to that sect in Scotland which will not kiss the book, and it was the received opinion that his evidence might yet be received.

Until the "Act for amending the Law of Evidence in certain cases," 18 Quakers and Moravians, who according to the tenets of their faith refuse to take any oath, could only be admitted as witnesses in cases of a civil, or at most of a quasi civil nature. This Act provides that Quakers, or Moravians, required to give evidence, may instead of an oath make their solemn affirmation, which shall be of the same effect in all cases, civil or criminal.

The important text,19 "But above all things, my brethren, swear not: neither by Heaven, neither by the earth, neither by any other oath; but let your yea be yea, and your nay, nay; lest ye fall into condemnation"-is generally considered to apply only to profane swearing, and not to oaths necessarily taken in courts of justice,20

TEMPLARIUS.

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17 2 Sid. 6.

18 9 Geo. IV. c. 32. 19 James, v. 12.

20 Matthew, v. 33, 34, 35, 36, 37; Exod. xx. 7; Levit. xix. 12; Deuteronomy, v. 11; Numbers, xxx. 2; Heb. vi. 16; Psalm cxix. 106; Deut. x. 20; Ex. xxii. 11; Lev. xi. 1; Jeremiah, iv. 2; Hezekiel, xlv. 23, xix. 18, lv. 16; Matth. xxiii. 16, 22-v. 35; Romans, i. 9; 2 Cor. i. 23; Galat. i. 20; 1 Thess. v. 27; Ruth, i. 17; 2 Samuel, iii. 35, xix. 13; Archbishop Secker's Sermons, vol. iv., Sermon xii. p. 228.

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Walk through the Highlands.-Dunkeld.

strongest features of which was the Tay, was eminently striking; and we felt little inclination to wonder at the wellknown exclamation of the Roman soldiers-Ecce Tiberim!

As we approached to Dunkeld, the contemplation of green slopes, with the most lively verdure, was, after the bare and rugged mountains which we had lately passed, truly delightful. We entered the town by the newly-erected lodges of the Duke of Atholl, which appeared to me elegant and tasteful, and arrived at our inu soon after eleven. Enquiring for the guide, we speedily set forwards to view the wonders of the place. It was a most enchanting summer's day, and the scenery eminently calculated to inspire cheerfulness. We arrived at the Bridge, I think of seven arches, handsomely constructed of stone, and from which there is an excellent view of the venerable but dilapidated Cathedral. The entrance into the grounds, under a flourishing plantation, and by the river Bran, is exceedingly pretty; and the shade afforded by the trees, on the day we visited it, most agreeable. We passed over neatly garnished gravel walks, by a sort of nursery for young plants, which appeared to thrive with the greatest luxuriance, and were kept in the nicest order. Still proceeding along the banks of the river, which is here interrupted and impetuous, we arrived at the celebrated Ossian's Hall, from the windows of which the Falls were presented to our astonished view, in their full glory. After inspecting the cave, and all the other wonders, we proceeded direct to the Rumbling Brig, whose waters sounded on the ear for a considerable distance, as we approached. The rocks here are rugged and grand, and the fall noble and picturesque. On one side is an immense chasm, the water black, and flowing slowly at a great distance below the Brig, and, as we were informed, of astonishing depth. The surrounding sce nery is awfully impressive, and few could drop a stone into this abyss without shuddering at its fall. This sensation is far from being lessened, when it is observed that the bank is soft and crumbling, while it fearfully overhangs the stream. We were led over walks in excellent order, and under trees which diffused an agreeable shade, to a rising ground, from whence we enjoyed a view of inconceivable magnifi

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cence and extent. At a little distance beneath us rolled the Tay, of considerable breadth, beautiful and pellucid, and reflecting from its bosom the numerous and variegated trees which were the ornaments of its banks. In the distance, to our left, were the blue and picturesque mountains we had so lately left behind us; and, in our front, the eye wandering delighted over a beautifully extended tract of intervening hill and dale, was pointed out to us the classical country of Dunsinane, with Birnam hill and wood, the latter of which, in the words of Mr. Pennant, certainly never seems to have recovered the march which its ancestors made to the place first named. Our guide also caused us to remark the hill on which stood Macbeth's Castle, with many other objects, equally worthy of attention. The next object of curiosity is Neil Gow's tree, under the shade of which that ancient bard is said to have composed many of his most admired strains. From this spot the view is exceedingly pleasing, and the river peculiarly beautiful. Adjoining to it is a cedar of large dimensions, as well as a singularly fine view of the bridge, and part of the town of Dunkeld, with which we were altogether greatly pleased. At this place we resumed our knapsacks.

The sun was hot, and the road sandy; but the views on each side delightfully refreshing, and comparatively lowland. We arrived at Aberfeldy at four, and hence visited the Falls of Moness. The woods here are extremely fine, and struck me as resembling very particularly those in the neighbourhood of Corra Linn. The Falls themselves, however, are of a very different description; less magnificent, but scarcely less pleasing. The body of water is comparatively small, and the declivity gradual. The first of them, according to our guide, was 250 feet; the stream, as of the purest silver, flowing placidly along, and exciting the most pleasing ideas. The rocks, on each side the water, covered with trees, rise to a very considerable height; and, in a great measure, shut out the light of day. The beholder appears to be, as it were, walled in, and completely cut off from the world and its inhabitants. It is indeed a scene of the most secluded solitude. The trees are beautiful and various, and add, in a very remarkable degree, to the beauty of these Falls,

PART II.] Walk through the Highlands.—Lilly's Almanacs.

which are numerous, but greatly resembling each other in their general appearance, though differing as to elevation. The Falls of Moness, and, I believe, great part of the neighbourhood, are the property of Lord Breadalbane.

The next object of our attention was Castle Menzies, where every thing appeared dreary, dark, and desolate; though the park contains some very fine trees. The view from the highest crag is exceedingly magnificent, and surpasses any thing I had ever before seen, not excepting Dunkeld. The day, however, though fine, was hazy; and on this account we were far from having the landscape in perfection. As it was, we had to the right a view uncommonly grand :-Loch Tay, in all its majesty, its waters terminated by the towering summit of Ben Lawers. Immediately in our front was the river Tay, flowing through the richest meadows and cornfields; together with the house and village of Weems, surrounded by wood. To the left, was a far extended view of the river and valley, nearly as far as Dunkeld, comprising the bridge we had passed yesterday, with the woods about the Falls of Moness, and the town of Aberfeldy.

We

The sight of this place reminded me of Burns, and I asked our conductor if he had known any thing of him. He told me that he had often seen him, and that he was a wonderful "clever gentleman." He showed himself toTerably acquainted with his writings, particularly with those which were in any degree local, and, from the way in which he spoke of him, I imagine he was much read, as well as greatly venerated, in this neighbourhood. descended by the longer route, and thus made a circuit of the crags; the view varying at different points where we rested. On the outside of the Castle, whose walls we did not penetrate, was an inscription, signifying that it was erected in 1771. The first part of our march onward was over hot and sandy roads, entirely without shelter, and the sun had now burst forth in all its splendour. We felt the heat extremely oppressive, till at length we arrived at some trees overhanging the banks of the river, and reposed ourselves for a short time under their shade. We then crossed the river by a bridge, close adjoining to some very venerable ruins; GENT. MAG. Suppl. C. PART II.

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and the road continued equally pleasant, the shade thicker and more refreshing, till we arrived at a part from which the rays of the sun were altogether excluded. We were much delighted by the contemplation of several most beautiful laburnums, rich in streaming gold, and whose gay and graceful festoons were an ornament to the road for a considerable distance. Thus canopied, we concluded our journey for the day at Kenmore, a spot still more beautiful than any we had yet seen in the Highlands, or any other part of the kingdom. We were enchanted with its handsome bridge, and hanging woods, with Loch Tay, its mountains, and lastly with its Englishlike church and tower.

A SUBSCRIBER. (To be continued.)

Mr. URBAN,

2, Francis-street, Golden-sq. Dec. 20. YOU did me the favour to insert in

vol. xcvII. pt. i. p. 28, some observations upon the predictions of the celebrated astrologer Lilly, contained in his Almanac for the year 1655. Since I sent you those observations, Lilly's Almanacs for the years 1657 and 1658 have fallen in my way, and I now furnish you with a few remarks upon them, together with a transcript of some contemporary MS notes written upon the copy of the Almanac for the former year, now in my possession.

These two Almanacs contain the predictions in favour of the King of Sweden, for which Lilly informs us (Hist. of his Life and Times, p. 74, edit. 1826) that he was rewarded by that Sovereign with a gold chain and medal, worth about 50/. a very striking proof of the importance at that time attached to his predictions. The Almanac for 1658, he also tells us, was "translated into the language spoke at Hamburgh, printed and cried about the streets, as it is in London" (Hist. of his Life and Times, p. 74).

The year 1657, to which the earlier of these two little volumes relates, is distinguished in our history by Syndercombe's attempt to assassinate the Protector, and also by the scheme for the revival of the monarchy, the institution of "the upper house," and the offer of the royal title to Cromwell. I need scarcely remark, that these events were altogether unguessed by Lilly, unless indeed it may please the fa

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Lilly's Prophetic Almanacs.

vourers of astrology to consider that Syndercoinbe's plot is designated by the "unhappy affront of some eminent Commonwealth's man," which is predicated of January 1657.

The year 1658 opened with the meeting of a parliament consisting of two houses in the ancient form. The squabble which speedily ensued-the hasty dissolution of the Parliament Cromwell's distresses of mind and body, and finally his death, all happened during this eventful year, and alas, for astrology! were all unforetold by this prince of nativity-casters.

Although Lilly was thus unsuccessful in his peeps into futurity, his books are not altogether uninteresting. I think some few facts may be collected from them, which tend to show the condition of the public mind and feeling during the eventful years to which these publications relate. Even against the wishes of the writer, he is continually exposing to view the agitation, the feverish desire of change which had taken possession of all classes of people, and eventually produced the Restoration, and which in all probability would have led the way to some great national convulsion, even supposing the opportune death of Cromwell had not then occurred. The oppressed and burthened people were evidently anxious for some other government than that provided for them by the celebrated "instrument of government," and afterwards by "the humble petition and advice."

Amongst many disquieting notions then entertained, one which I learn from Lilly's preface to his Almanac for 1657, p. ii. is not a little singular. One thousand six hundred and fifty-six complete years were calculated to have intervened between the creation of the world and the universal deluge, and it was judged that something extraordinary must necessarily distinguish the conclusion of a similar period of 1656 years, calculated from the birth of Christ. Upon this fantastical foundation, Lilly's astrological brethren built a multitude of wonderful conjectures, all calculated to disquiet the minds of the people. "Some," he says, "will have the downfall of the Pope-falsely by them called Antichrist." "Others will have the day of judgment steal upon mankind in this year 1657." "Some will have the Jewish nation converted in this

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year by miracle." "Some will have Gog and Magog come out of the North, and this is the Muscovite. Nay, the lost ten tribes of the Jews must in the year 1657 peep out of India, a terra incognita, where, pitiful souls! they never were. Some will have a very new monarchy to be erected in 1657, Deo non volente, and these are drowsy prophets, very good dreamers, &c." "Some would have one thing, some another, nothing but miracles and prodigies are expected."

Another cause of disquietude was an apprehension of the plague, founded upon a notion about as sensible as that derived from the Deluge. That desolating distemper had appeared at the commencement of the reigns of James I. and Charles I. and it was therefore considered that it must again visit the nation at the commencement of Cromwell's dynasty. Lilly, whose business it was at this time to prophesy “comfortable things," condescends to argue this matter, and assures his readers that their fears are vain, for that he knows "pregnant reasons in astrology" for the two former plagues-that the Protector received his power under more propitious stars, and "besides," he adds, "he is of English blood, they not so." Such cogent arguments could scarcely fail of producing conviction! Minds that could be duped by astrology-and such at that time constituted the great bulk of mankind-might be led to imagine that the horrors of the plague were but_the_just_return of heaven to a people who had filled up the measure of their iniquity by allowing Scotchmen to reign over them.

In many parts of these Almanacs, Lilly notices the sedulous endeavours which were made not merely by the Royalists, but even by the Protector's old republican associates, to keep alive the agitation of the times, and arouse the people against Cromwell's Government. Scarcely a month occurs without some notice of the "malicious intendments" against the person of the Protector, and the peace of the country. This spirit was fomented by the Clergy, especially those of the Anabaptist persuasion, whose violence against Cromwell causes them to come in for a great share of Lilly's abuse. In his predictions for 1657, he says of them, "Monsters these are in religious habits;" and in 1658, amongst many other passages of a like character, this

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