No doubt can exist as to the right of legislative bodies to secure true evidence in Courts of Law, so far as it can be secured, by the infliction of civil penalties upon false affirmations; but surely, nothing can justify them in requiring persons to transgress the commands of Christ, or to stake that salvation which he died to purchase, for the convenience of those on whose account evidence is required. If the persons giving evidence be Christians, they have no right, on any considerations, to transgress the commands of their Lord and Master, or to stake their salvation: for "they are not their own: they are bought with a price."

It is the duty of the Christian who entertains a doubt respecting the propriety of swearing under the Gospel dispensation, to avoid the practice; for as "whatsoever is not of faith is sin:"t he is bound to avoid all active compliance with measures that are of doubtful propriety, and thus to "abstain from all appearance of evil :"‡ and “to have always a conscience void of offence toward God and toward men." At the same time he must bear in mind the injunction ; "Let every soul be subject unto the higher powers." And, where he cannot conscientiously comply with the laws, he ought patiently to submit to the penalties consequent upon his non-compliance, according to the example of the Apostles.¶

That the injunction, "Let every soul be subject to the higher powers," is not intended to enjoin active obedience, where a good conscience would be violated, is plain from the example of Peter and John, who, when ordered to act in a manner contrary to the Divine commands, replied, "Whether it be right in the sight of God, to hearken unto you more than unto God, judge ye."**

As the British Law regards a refusal to swear, as contempt of Court, without taking into account the motives of the persons refusing, a judge may be placed under the painful necessity of committing to prison a person refusing to take an oath from conscientious motives. It may reasonably be expected, however, in the present enlightened age, that such an imprisonment would not be of long duration; but should it prove otherwise, a good conscience is worth suffering for, even in a prison.

It is a solemn truth, and worthy of the serious consideration of Christians, that every individual who conforms to the practice of swearing, voluntarily renders himself responsible for the continuance of the custom with all its attendant evils.

Were those who see the inconsistency of Judicial Oaths with the commands of Christ, to act conformably with their convictions, we might confidently hope, that the Legislature itself would recognize the absolute nature of the command of Christ, "Swear not at all;" and in accordance with his exhortation, "Let your Yea be yea, and your Nay, nay;" adopt a form of simple affirmation, in the place of that system of swearing which has so long dishonoured God, and demoralized the people.

Such a measure would powerfully contribute to raise the standard of truth in public estimation, and thus to reduce the amount of national sin; and while it would diminish the difficulty attendant on the administration of the laws, by rendering evidence less uncertain, it would add to the stability of the Government, which stability must ever be proportioned to the soundness of the moral tone of its people.

A conviction of the importance of being faithful to the command of Christ, "Swear not at all," has induced many Christians, at various periods, to refuse compliance with laws requiring oaths: and to submit to tedious imprisonments, and grievous sufferings, rather than violate a good conscience. The Society of Friends, called Quakers, especially, endured much persecution on this account during the Commonwealth, and in the reign of Charles the Second, &c. At length their affirmations were tolerated in civil cases by the Legislature; and the penalties consequent on their refusal to swear were removed. By the 3rd and 4th of William the Fourth, cap. 49, intituled "An Act to allow Quakers and Moravians to make Affirmation in all cases where an Oath is or shall be required, their affirmations have been admitted in criminal cases, and for all other legal purposes, and the same penalties have been attached to them, in case of falsehood being proved, as to perjury." This exemption from swearing has also been extended, by a recent Act of the British Parliament, to the Separatists, a body of Dissenters from the Episcopal Church, of modern date. And it becomes all professing the name of Christ, and who are therefore bound to depart from iniquity, to weigh this subject seriously, endeavouring to divest their minds of all bias and prejudice: and should their deliberations result in the conviction of the unlawfulness of swearing, onght they not to urge, when pressed to take an oath, as was practically urged by the conscientious individual who recently refused to take an oath, in the Supreme Court of Van Diemens Land; Christ has said, "Swear not at all," and God hath commanded me to "hear him:" "Whether,"

therefore, "it be right in the sight of God to hearken unto you more than unto God, judge ye?"

Though much more might be advanced in support of the sentiments of the writer, enough, he apprehends, has been said in the preceding pages, to prove-than an Oath differs essentially from a Solemn Affirmation,-that the British Law recognizes this distinction,-that the Jews, under the First Covenant were limited to swearing by the name of the Lord,-that Jesus Christ has forbidden the use of this and of every other oath,-that the Apostle James enjoined men above all things not to swear,-that the early Christians acted in obedience to these commands, and refused to swear,—that ancient Christian authors of great eminence denounce all swearing,—that the various arguments used in favour of Christians swearing before a magistrate are futile,—that the Episcopal Church of England, in its 39th Article, adduces no sufficient warrant for Judicial Swearing, though professing to consider it not prohibited by the Christian Religion,—that oaths are not necessary for the accomplishments of the ends of justice,-that they belonged to an inferior and defective system of morality, and are so obviously demoralizing in their effects, that even heathens were sensible of their demoralizing influence, that there is no line of demarcation between the most solemn and the most frivolous oaths, -that their demoralizing effects alone are sufficient to prove them inconsistent with the Gospel,-that the oath prescribed by the British Law is widely different from, and much more awful in its character than that allowed to the Jews, and is highly objectionable, even according to the views of the advocates for Judicial Swearing, -that legislative bodies have no proper right to enjoin Christians to swear, that by abolishing the use of Judicial Oaths, the administration of the laws would be facilitated, that Christians are not required by the Gospel actively to obey, in violation of a good conscience, and finally, that they ought to be willing to suffer rather than to take an oath, when convinced of its unlawfulness under the Gospel.

In endeavouring to establish these positions, it is presumed, that the Question, "Are Judicial Oaths Lawful?" has been satisfactorily answered; and sufficient evidence adduced to prove, that they are not lawful; and that every other kind of oath is likewise forbidden under the Gospel.

Note. In the foregoing essay extracts have been freely introduced from Tuke's Principles of Friends, and Gurney on the Distinguishing views and practices of Friends.

APPENDIX.
D.

REMARKS ON THE INDIGENOUS VEGETABLE PRODUCTIONS OF TASMANIA, AVAILABLE AS FOOD FOR MAN. BY JAMES BACKHOUSE, AMENDED, BY RONALD C. GUNN.

In the Van Diemens Land Annual, for 1834, edited by Dr. Ross, a paper appeared, "On the Roots and other indigenous Esculents of the Colony." That account met with attention in Europe, from the remarkable circumstance that so few of the indigenous plants of these Colonies yield any fruit suitable for human subsistence. In this respect, the Australian regions stand singularly apart, from every other portion of the known world.

The present article is chiefly a republication of the paper alluded to, but with such additions as a longer residence in the Colony enabled, the last editor to make.

Originally the plants were classified into those yielding Roots, Fruits, and Leaves, available for the sustenance of man, but here they are noticed according to their Natural Orders.

C. heterophylla is a small cress, common in good, light soil, in most parts of the Colony. C. nivea is a larger species, found growing on the South Esk, near Launceston, and at the base of Mount Wellington. C. tenuifolia is an aquatic species, common about Norfolk Plains and the western parts of the Colony.

These, as also a few other plants of this well-known family, might be eaten like the Common Cress; although generally, when in a wild state, or not growing luxuriantly, they are slightly acrid.

Nat. Ord. PITTOSPOREE. Pittosporum family.

Billardiera. Apple Berry.

B. mutabilis has a green cylindrical fruit, becoming of a lighter green, or amber colour, when ripe, possessing a pleasant, sub-acid taste; but the seeds are numerous and hard. This species is common about Launceston, growing among stones, in dry places; and is very abundant on Flinders Island. The fruit drops off immediately, on becoming ripe, and must usually be picked off the ground, but is not produced in sufficient quantity to be useful.

Nat. Ord. GERANIACEE. Geranium family.

Geranium parviflorum. Small-flowered Geranium.

The Aborigines were in the habit of digging up the roots of this plant, which are large and fleshy, and roasting them for food. It was called about Launceston, Native Carrot. This species is very widely distributed over the Colony, and is usually found in light, loamy soil.

Nat. Ord. OXALIDEE. Wood-sorrel family.

Oxalis microphylla. Small-leaved Wood-sorrel.

This little plant, which displays its lively, yellow blossoms on almost every grassy spot in the Colony, and has acid leaves, in form resembling the leaves of clover, is very pleasant eaten raw, to allay thirst; and made into tarts, it is almost equal to the barberry. 0. lactea, a white flowering species, is found about the Hampshire and Surrey Hills, and western parts of the Colony; but is too sparingly distributed to be generally serviceable, like the preceding species.

Nat. Ord. RUTACEE. Rue family.
Correa alba. Cape Barren Tea.

The leaves of this species, which is common all along the seacoast, forming a shrub from two to four feet high, have been used by the sealers on the islands in Bass's Straits, as a substitute for tea.

Although we possess about 60 species of this family, exclusive