An instance of oaths being subjected to the like whimsical conditions is
noticeable in the domestic manners of Old Germany. We gather from the
popular mediaeval satire, the 'Ship of Fools,' that a code of rules had
been formulated regulating the propriety of swearing. Society in this
case would seem to have formed its precedents of oath-taking, and to
have withheld its sanction from any others than its own. There was a
time in Germany it appears when a man adopted an oath as deliberately as
he might take to a trade, it being only necessary, to bring it within
the licensed pale, that it should be derived from the symbols of his own
or his father's occupation. The particular merit of this system was that
while it partook of all the abandonment and conferred all the enjoyment
of swearing, it was practically no swearing at all. When, in an outburst
of passion, the grazier called out upon his beeves, or the smith invoked
his anvil or his sledge, all the advantages of swearing, whatever they
may be held to be, had been accomplished, and that without prudery being
ruffled or innocence shocked. In fact the needs of society had invented
a kind of stalking-horse for blasphemy, and the Bob Acreses and Captain
Absolutes of that day must have found themselves cruelly hoodwinked by
the inanimate effigy of swearing.
But while northern nations were conspicuous for the substantial and
ponderous nature of their oaths, the Roman yielded to none in the
multiform versatility of his adjurations. Caligula owned a horse that
he not only treated as a fellow-being and brought to meals at his table,
but whose name served him wherewith to pronounce his accustomed oaths.
The same emperor is reported to have put to death a Roman citizen who
refused to swear by his "imperial genius." Another of the oaths
prescribed by command of Caligula was "per numen Drusillae." This
wretched woman he constrained his subjects to worship as a divinity. To
explain this partiality for the use of these absurd if not impious
oaths, it would seem that a tradition had been circulated, ascribing the
duration of his own lifetime to the period during which the oath should
pass current. Any attack of illness that happened to the emperor was
directly attributed to the waning popularity of the oath. Nor was the
doctrine strange to many of the nationalities over which the Roman sway
extended. We have it distinctly occurring among the Scythians,[21] and
it has more recently been noticed by travellers as existing among
half-barbarous tribes. The oath itself was probably a development of the
affirmation that has been used more than any other in the history of the
world. The _life_ or the _head_ of the ruler of the chief tribesman, or
of the spiritual prophet, has invariably furnished the true standard of
affirmation. But even as a mere domestic oath, the _head_ of the goodman
of the house seems to have been permitted a degree of solemnity--
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