debt (hall haye
been fo received.
111!
f ImH
M S P Jjgg
ill!
take a part of the debt, yet he is not forfworn fo b u g as he receives
not the whole debt thus by,partial payments; becaufe here the point
which produces a violation of the vow is the receiving the whole .debt,
but in partialfutns, and that has not taken plaGe.— If the debt confift
, of articles computable by weight, arid the vower accept payment by
two or more weighings thereof, in fuch a manner as not to be employed
in any other concern between thefe two weighings, he is not
forfworn, although'this be a. partial mode of receiving payment, be-
.caufe the'receipt of the whole at once, is fometimes in any common
way impoffi ble, and hence any debt of this defcription is an exception
from the prefent cafe.
If a creditor make requifition from his debtor of a part of what is
due to him, foppofe two hundred Dirms, and the debtor reply that
“ he has not fo. much money,” and the creditor difbelieve him, and
he anfwer “ i f I poffefs more than one hundred Dirms, my wife is di-
“ vorced,” and it fhould happen that he is, at the time of faying this,
poflelfed offifty Dirms only, he is not forfworn ; becaufe his defign, in
this declaration, is merely to exprefs his denial of being poffeffed of
more than one hundred Dirms; and alfo, becaufe his exception of one
hundred Dirms involves an exception of every component part or proportion
of one hundred; and fifty is one of thefe proportions; where-
iore fifty alfo a r e excepted, and hence he is net forfworn. And the
rule is the fame, if, inftead of “ more than one hundred Dirms," he
fhould fay “ other than one hundred Dirms f i or “ beyond one hundred
“ Dirms,”— becaufe all thefe terms equally exprefs exception.
1 st*
C H A P .
C hap. XIV.- V O ' w s. 559
C H A P . XIV.
Of Mifcellaneous Cafes.
J r a man make a'voW, faying “ I will not do fo and fo,” ' it is ne-
ceflary that he for ever abflain from the commiffion of that aft, be-'
caufe he has expreffed the negative o f the aft generally, and hence the
prohibition is general, .m corifequence o f the negative being unrehlric-
tively expreffed-
If a man make a vow that “ he will do fuch a thing,” andhe
fhould once do it, his vow is fulfilled, as he has not undertaken more
than the commiffion of that aft in one fingle inflance unfpecified, becaufe
fuch is to be underftood from the words by which he binds him-
f e l f ; fulfilment is therefore eflablifhed, upon his once performing a
fmgle inflance of the aft in-queflion, whatever inflance that may be,
and whether fuch performance be voluntaryuor compul/ive. In a cafe
o f this nature, moreover, the vower is never confidered as forfworn,
unlefs where he may be utterlyexcludedfrom a poffibility o f performing
the aft, ..which can only be>by his death, or by the deflruftion of
the fubjeft of the aft.
If a fultan, or other fupreme 'governor,'or magiflrate of a kingdom
or province, fhould require an oath o f a perfon that “ he will
“ inform him of the dwelling of every evil doer, who fhall eriter that
“ territory,” and the perfon fwear accordingly, fuch oath binds him
to convey fuch information to the magiflrate aforefaid, during the ex-
ifience of'his authority only, and no longer; bfecaufe the intention of
6 the
Avowagainft
doing a thing*
unreftrittive-
ly pronoun^
ced, operates
as a perpetual
inhibition.
A vow of performance
is
fulfilled by a
Jingle inflance
of performance.
An oath im-
pofed by a fu-
preme magi
lira te continues
in forcé
only during
the exigence
ofthatmagif-
trate’s authority..