witness that the truth is spoken. The juror agrees to the demand, he
accepts the condition, that his word and oath will be relied on, and he
in giving his oath at once comes under a covenant obligation to man to
speak the truth, and confirms his promise by an appeal to the God of
truth. Thus, in a court of justice, or before a church court, a witness
makes in reality a compact with the lawful authority that requires his
oath, and swears in confirmation of his engagement. It is of equal
consequence to the present argument whether he swear to the truth of a
statement made before the taking of his oath, or first give his oath,
and then make his promised representation. In the latter case, which is
the most common, there is most manifestly made a covenant transaction
between the witness and those in authority; but in the former, there is
constituted an engagement not less really of a covenant character.
Although, as in the case of giving an _affidavit_, the assertion may
seem to precede the oath, yet, in reality, that is not accepted, and
therefore is not completely made till the oath be given: and
consequently, as in the other case, the assertion is that which is
promised in the oath. In each, the witness comes under an engagement to
speak the truth. It is one indeed generally of a short period, yet not
on that account the less an engagement. In giving his testimony, he
fulfils his covenant promise; and its effects in settling controversies,
or leading to the execution of justice, may not be less important than
those of a covenant, the fulfilment of the conditions of which might
occupy a much longer time. Nor, when an oath is claimed and received by
those in authority, is there a covenant made merely among men; but also
by the juror, a covenant is made with God. The law of God requires the
fulfilment of every lawful promise made by man to man; a simple promise
to man, however, though God may be acknowledged in it, is not strictly a
promise to Him. But by the appending of an oath, God is at once appealed
to as a witness and judge, and as a party to a covenant between the
juror and himself; and an obligation to God, as well as an engagement to
men, is explicitly constituted. Were it not so, how could the addition
of the oath by the juror increase the security given in the simple
promise, and the Lord be called to judge him according to the truth or
falsehood of what he might swear?[44] Under one aspect, the engagement
with men entered into by swearing to the truth of an assertion, is
different from the relation to God into which by swearing the juror is
brought. Viewed as a covenant among men, God is not properly a party to
it, but a witness. But those who require the oath being possessed of
power deputed to them from above, the same engagement may be also
considered as a covenant made with God by him who swears. The engagement
viewed in the former light, appears as affording the matter of a
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