A Brighter Day Begins with His Word.

John McClintock & James Strong • SECTION 337

Section 337

← McClintock & Strong Cyclopaedia — Volume 7

3. As a consequence of this principle, (o) appeals to God's name on the one hand, and to lieathen deities on the other, are treated in the Scripture as tests of alle- giance (Exod. xxiii, 13; xxxiv.C; Deut. xxix, 12; Josh. xxiii, 7; xxiv, 16; 2 Chron. xv, 12, 14; Isa. xix, 18; xiv, 23; Jer. xii, 16; Amos viii, 14; Zeph. i, 5). (6) So also the sovereign's name is sometimes used as a form of obligation, as was the case among the Romans with the name of the emperor; and Hofmann quotes a custom by which the kings of France used to appeal to themselves at their coronation (Gen. xlii, 15; 2 Sam. xi, 11; xiv, 19; Martyr. S. Poly carp. c. ix ; TertuU, Apol. c. xxxii ; Sueton. Calig. c. xxvii ; Hofmann, Lex. s. V. Juramentum ; Michaelis, On Lmws of Moses, art. 256, vol. iv, p. 102, ed. Smith).

4. Other objects of appeal, serious or frivolous, are mentioned : as, by the " blood of Abel" (Selden, De Jur. Nat. V, 8); by the "head;" by "heaven," the "Temple," etc., some of which are condemned by our Lord (Matt, v, 33; xxiii, 16-22; and see James v, 12). Yet he did not refuse the solemn adjuration of the high- priest (Matt, xxvi, 63, 64; see Juv. Sat. vi, 16; Mart. xi, 94; Mishna, Sanh. iii, 2, compared with Amos viii, 7; Spencer, Z^e Lerj. Ilebr. ii, 1-4).

HL Occasions when Oaths were taken. — From time immemorial the Hebrews used oaths both in private intercourse and public transactions.

1. In private intercourse, or on extra-judicial occa- sions, oaths were taken or demanded when promises were made (2 Sam. xv, 21 ; xix, 23) or exacted (Gen. xxiv, 2-4; 1, 5, 25; Josh, ii, 12-21; vi, 26; ix, 15; Ezra X, 5) ; when covenants were concluded (Gen. xxxi, 53; 2 Kings xi, 4; 1 Mace, vii, 15; Joseph. Ant. xiv, 1,2); when a solemn asseveration was made (Gen. xiv, 22; Judg. xxi, 1-7; 1 Sam. xiv, 39, 44; xix, 6); and when allegiance to God, fealty to a sovereign, or obedience from an inferior to a superior was professed (1 Kings xviii, 10; 2 Kings xi, 17; 1 Chron. xi, 3; xxix, 24; 2 Chron. xv, 14, 15; xxxvi, 13; Eccles. viii, 2; Joseph. Ant. xii, 1; xv, 10, 4). A vow was in the nature of an oath (Lev. v, 4).

2. Public or judicial oaths were demanded by the Mosaic law on the four following occasions : (o) When goods deposited with anv one were stolen or destroyed,

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the depositary was to take an oath that he was not guilty, in the loss, and the proprietor was bound to accept it without restitution (Exod. xxii, 10, 11; 1 Kings viii, 31; 2 Chron. vi, 22). A willul breaker of trust, es- pecially if he added perjury to his fraud, was to be se- verely punished (Lev. vi, 2-5 ; Deut. xix, 16-18). (i) When one was suspected of having found or otherwise come into possession of lost property, he was to take an oath, and thereby vindicate himself of the charge (Lev, vi, 3). (c) When a wife was suspected of incontinence, she was required to clear herself b\' an oath (Numb, v, 19-22). ((/) When a theft was committed or an injury sustained, and the offender remained undetected, a judi- cial oath was to be imposed upon the whole community, or every one was adjured to make known the criminal; and if any one knew the culprit and refused to make him known after hearing this public adjuration, he bore the guilt (Lev. v, 1 ; Judg. xvii, 2). (e) It ap- pears that witnesses were examined on oath, and that a false witness, or one guilty of suppression of the truth, was to be severely punished (Prov. xxix, 24 ; Michae- lis, I. c. art. 256, vol. iv, p. 109; Deut. xix, 16-19; Gro- tius, in Crit. Sacr. on Matt, xxvi, 63 ; Knobel on Lev. V, 1, in Kiirzg. Exeg. IIandb.\

It will be observed that a leading feature of Jewish criminal procedure was that the accused person was put upon his oath to clear himself (Exod. xxii, 11; Numb, v, 19-22; 1 Kings viii, 31; 2 Chron. vi, 22; Matt, xxvi, 63).

IV. As to the forms of oaths, the Jews appealed to God with or without an imprecation in such phrases (cited above) as "(Jod do so and more also if," etc. (1 Sam. xiv, 44); "As the Lord liveth" (1 Sam. xiv, 39; xix, 6; 2 Sam. xv, 21; 1 Kings xviii, 10); "As the Lord liveth, and as thy soul liveth" (1 Sam. xx, 3) ; "The Lord be between thee and me forever" (1 Sam. XX, 23); "The God of Abraham judge between us" (Gen. xxxi, 53). The Jews also swore " by heaven,'' "by the earth," "by the sun," "by Jerusalem," "by the Temple'' (Mishna. Shehuoth, iv, 2; Matt, v, 34; xxiii, 16; JJeracholh, bi'i: Kidihtshin, 71 a; Slaimoni- des, Jad ha-Chez<ika, Ililchoth Shehuoth, xii) ; " by the angels" (Joseph. War, ii, 16, 4) ; by the lives of distin- guished persons (Gen. xlii, 15; 1 Sam. i, 26; xvii, 55; 2 Sam. xi, 11; xiv, 19).

V. The external manner observed when taking an oath was one of the following :

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