fore appears a reference of the Noozr, or devoting vow, to the caufe
of a right of property, wherefore the vow is valid; and hence the
■ vower is forfworn upon the wife fpinning cotton which was his property
at the time of the vow *.
I f a man make a vow that “ he will not deep on fuch a bed,”
and he fhould afterwards deep thereon, it having a fheet, blanket,
quilt, or fo forth, fpread over it, he is forfworn; becaufe fuch covering
is alfo an appurtenance to the bed, and hence deeping on the covering
may be faid to be deeping on fuch bed. But if another bed be
laid upon the bed which is the fubjedt of the vow, and the fwearer
deep thereupon, he is forfworn, becaufe a thing cannot be an appurtenance
to i.fimilar thing, and hence deeping upon this bed is not to
be accounted deeping upon the other.
*Tf a perfon fwear that “ he will not fit upon the ground,” and
he fhould afterwards dt upon a carpet or mat fpread thereon, he is not
forfworn; becaufe a perfon in fuch cafe is not faid to be fitting on the
ground. It is ofherwife where the fkirts of his garment only are between
the ground and him, as his garment is merely an appurtenance
to himfelf, and hence is not to be confidered as the thing upon which
he fits.
I f a man vow that “ he will not fit upon fuch a feat,” and he
fhould afterwards fit thereupon when there is a covering fpread upon
it, he is forfworn; becaufe the perfon who fits upon that covering is
confidered as the occupier of that feat, in common ufage, as this is
.the ufual way of fitting upon a bench, or other raifed feat.— It is
* Here follows a long but very frivolous cafe of vows again ft wearing Hooleea [fuper-
fluous ornaments] omitted in the tranflation, as it turns entirely upon the acceptation of
the term Hooleea, which has been held to confift of different articles at different times.
other wife
otherwife where the feat which is the fubjedt of the vow has another
feat fet over it, and the vower fits upon the upper feat, for then he is not
forfworn, becaufe the fecond feat is a fellow to the firft, and a thin«
cannot be an appurtenance to a jimilar thing, (as has been already ob-
ferved;) fitting upon the fecond feat, therefore, is not to be accounted
the fame as fitting upon the firft, which was the fubjedt of the vqw.
C H A P . XII.
Of V 7ws concerning Striking, Killing, and fo forth.
I f a perfon make a vow, faying [to another] “ i f I ftrike you, my
“ Have is free,” and the vower fhould ftrike that man after his death,
he is not forfworn; becaufe fin k in g is reftridted to life , as being
the name of an adtion which gives pain, and excites the feelings of the
perfon ftruck, which is not poffible with the dead. So alfo, i f a man
were .to fay to another “ i f I clothe you, my ilave is free,” and he
fhould after his death clothe him, he is not forfworn; becaufe by
clothing, when it is indefinitely exprefled, is meant a complete tranf-
fer of property in the article of clothing, and this transfer cannot be
made to a defundt; unlefs when the vower by clothing limply meant
covering, in which cafe he would be forfworn, for here he intends his
words in a fenfe which they are capable of bearing.— (Some dodtors
fay that, if a perfon were to make a vow in the Perfian tongue, faying
to another “ if I clothe you, my {lave is free,” and he fhould clothe
that perfon after his death, he is forfworn; becaufe by this, in the
Voi.. I. B b b b vulgar
A vow made
againft Jinking
a per-
fon is not
violated by
ftriking that
perfon when
dead: and
the fame of a
vow againft
clothing,