A vow o f gift
is fulfilled by
the offer of the
gift, although
.it be not accepted
of.
Vows in re-
fpe& to odoriferous
herbs
or flowers
have force
according to
the fenfe in
which the denomination
of
them is generally
taken.
the magiftrate, in impofing fuch an oath, is to repel the wickednefs
of evil-doers, or to prevent fuch wickednefs in others by the punilh-
ment of thofe evil-doers ; conveying this information, therefore, after
the expiration of the magiftrate’s-government and authority, is of no
manner of ufe ; and the expiration of the magiftrate’s authority takes
place either on his death, or his. removal from office.
If a mafter make a vow that. “ he will bellow fuch a Have upon
■ “ fuch a perfon,” and he fhould bellow that Have accordingly, and
the perfon refufe fuch gift, yet the vow is fulfilled.— This is contrary
to the doârine of Z ' i f f e r , who confiders g ift to be the fame as fale, as
being equally a transfer’of property ; and as, if a man fwear that “ he
will fell his Have to fuch a perfon,” and that perfon refufe to buy
the faid have, the vow remains unfulfilled, fo in this cafe likewife.—
T h e arguments of our dodtors on this point are twofold :— f ir s t , o-ift
is a voluntary or gratuitous deed, and hence is executed on the part of
the giver alone, independant of the receiver ; thus we lay “ fuch a
“ perfon prefented fo and fo to fuch a perfon,” although the other
may not have accepted it :— se co n d l y , the defign of the fwearer, in
making fuch a vow as the above, is to exhibit his own generality and
liberality ; and that is effected by means of the deed of gift ; but a con-
trad! of fale is a mutual engagement, which can be executed only by the
adl of both the parties concerned in it,
t
I f a man make a vow that “ he will not fmell Reehan, and he
Ihould afterwards fmell to the rofe or the jeffiamin, he is not for-
fworn, becaufe Reehan is that fpecies of flowers which have no {talk,
and the rofe and jeffamin have ftalks or branches from which they
depend.
If a man were to make a vow, faying that “ he would not pu*~
“ chafe violets," and have no particular intention therein, the vow is
conftrued
C hap. XIV, V O W S . 5 6i
conftrued to mean oil o f violets, from general cuftom, according to
which, a perfon dealing in that article is termed' a violet-feller; and
as purchafe is founded upon fale, a perfon purchaling oil of violets
is termed a buyer o f violets.— (Some dodtors maintain that, with
us, by the term violets is underftood the flower only, ■ and not the
o/7.)—J f the vower were to fay that “ he would not purchafe
“ flowers,” by this is to be underftood the leaves only, and not the
oil, as fuch is the literal meaning of his expreflion; and cuftom alio
accords with this, becaule by flowers is uliiaily underftood the
leaves of the flowers. In the cafe of violets cuftom has eftablilhed
it otherwife, as the word violets is commonly ufed to exprels oil o f
violets.
END OF THE FIRST VOLUME .
VOL. I. C c c c
ll