war, it is allowed to deceive an enemy by feints, falfe colours*, fpics, falfe intelligence, and the like; but by no means in treaties, truces, signals of capitulation, or furrender: and the difference is, that the former fuppofe hoftilities to continue, the latter are calculated to terminate or fufpend them. In the conduct of war, and whilft the war continues, there is no ufe, or rather no place for confidence, betwixt the contending parties; but in whatever relates to the termination of war, the moft religious fidelity is expected, becaufe without it wars could not ceafe, nor the victories be fecure, but by the entire deftruction of the vanquifhed.

Many people indulge in ferious difcourfe a habit of fiction and exaggeration, in the accounts they give of themselves, of their acquaintance, or of the extraordinary things which they have feen or heard; and fo long as the facts they relate are indifferent, and their narratives, though

*There have been two or three inftances of late, of Englifh fhips decoying an enemy into their power, by counterfeiting fignals of diftrefs; an artifice which ought to be reprobated by the common indignation of mankind: for a few examples of captures effected by this ftratagem, would put an end to that promptitude in affording affiftance to fhips in dif trefs, which is the best virtue in a feafaring character, and by which the perils of navigation are diminished to all.

falfe,

falfe, are inoffenfive, it may feem a fuperftitious regard to truth, to cenfure them merely for truth's fake.

In the first place, it is almost impoffible to pronounce beforehand, with certainty, concerning any lie, that it is inoffenfive. Volat irrevocabile; and collects fometimes accretions in its flight, which entirely change its nature. It may owe poffibly its mifchief to the officiousness or mifreprefentation of those who circulate it; but the mifchief is, nevertheless, in fome degree chargeable upon the original editor.

In the next place, this liberty in converfation. defeats its own end. Much of the pleasure, and all the benefit of converfation, depends upon our opinion of the speaker's veracity'; for which this rule leaves no foundation. The faith indeed of a hearer must be extremely perplexed, who confiders the speaker, or believes that the speaker confiders himself, as under no obligation to adhere to truth, but according to the particular importance of what he relates.

But befide and above both these reasons, white lies always introduce others of a darker complexion. I have feldom known any one who deferted truth in trifles, that could be trufted in matters of importance. Nice diftinctions are

out

out of the question, upon occafions which, like those of speech, return every hour. The habit, therefore, of lying, when once formed, is easily extended to ferve the defigns of malice or intereft; like all habits, it fpreads indeed of itfelf.

and

Pious frauds, as they are improperly enough called, pretended impirations, forged books, counterfeit miracles, are impofitions of a more ferious nature. It is poffible that they may fometimes, though feldom, have been fet up encouraged, with a defign to do good; but the good they aim at, requires that the belief of them should be perpetual, which is hardly poffible; and the detection of the fraud is fure to dif parage the credit of all pretenfions of the fame nature. Christianity has fuffered more injury from this caufe, than from all other caufes gether.

put

tó

As there may be falfehoods which are not lies, fo there may be lies without literal or direct falfehood. An opening is always left for this fpecies of prevarication, when the literal and grammatical fignification of a fentence is different from the popular and cuftomary meaning. It is the wilful déceit that makes the lie; and we wilfully deceive, when our expreffions are not true in the fenfe in which we believe the hearer

appre

apprehends them. Besides, it is abfurd to contend for any fenfe of words, in oppofition to usage; for all fenfes of all words are founded upon ufage, and upon nothing else.

Or a man may act a lie; as by pointing his finger in a wrong direction, when a traveller inquires of him his road; or when a tradefman fhuts up his windows, to induce his creditors to believe that he is abroad: for to all moral pur, poses, and therefore as to veracity, speech and action are the fame; fpeech being only a modę of action.

Or, laftly, there may be lies of omission, A writer of English hiftory, who, in his account of the reign of Charles the First, should wilfully fupprefs any evidence of that prince's defpotic meafures and defigns, might be faid to lie; for, by intitling his book a history of England, he engages to relate the whole truth of the hiftory, or, at leaft, all that he knows of it,

CHAP.

CHAP. XVI.

OATHS.

1. FORMS of Oaths.

II. Signification.

III. Lawfulness.

IV. Obligation.

V. What oaths do not bind.

VI. In what fenfe oaths are to be interpreted.

I. The forms of oaths, like other religious ceremonies, have been always various; but confifting, for the most part, of some bodily action*, and of a prescribed form of words. Amongst the Jews, the juror held up his right hand towards heaven, which explains a paffage in the

*It is commonly thought that oaths are denominated corporal oaths from the bodily action which accompanies them of laying the right hand upon a book containing the four gospels. This opinion, however, appears to be a mistake; for the term is borrowed from the ancient ufage of touching, upon these occafions, the corporale, or cloth which covered the confecrated

elements.

cxlivth