Gutenkarte

Some years after our tour, a cause was tried in the Court of Session where the principal fact to be ascertained was, whether a ship-master, who used to frequent the Western Highlands and Isles, was drowned in one particular year, or in the year after. A great number of witnesses from the parts were examined on each side, and swore directly contrary to each other upon this simple question. One of them, a very respectable chieftain, who told me a story of second sight, which I have not mentioned, but which I too implicitly believed, had in this case, previous to this publick examination, not only said, but attested under his hand, that he had seen the ship-master in the year subsequent to that in which the court was finally satisfied he was drowned. When interrogated with the strictness of judicial inquiry, and under the awe of an oath, he recollected himself better, and retracted what he had formerly asserted, apologizing for his inaccuracy, by telling the judge 'A man will SAY what he will not SWEAR.' By many he was much censured and it was maintained that every gentleman would be as attentive to truth without the sanction of an oath, as with it. Dr Johnson, though he himself was distinguished at all times by a scrupulous adherence to truth, controverted this proposition; and, as a proof that this was not, though it ought to be, the case, urged the very different decisions of elections under Mr Greville's Act, from those formerly made. 'Gentlemen will not pronounce upon oath, what they would have said, and voted in the House without the sanction.'