case RAMKISSENSEAT of the town of Calcutta at fort William in Bengal and other  plaintiff huge barker a infant by his guardian and other et e contra defendant  December the that SC post the court direct a commission to the east Indies to  take the answer of the defendant to the cross bill who be of the gentoo  religion and empower two or three of the commissioner to administer such oath  in the most solemn manner as in their discretion shall seem meet and if they  administer any other oath than the Christian to certify to the court what be  do by they that if there shall be a doubt as to the validity the opinion of  the judge may be take it be move on behalf of the plaintiff in the original  cause that he may be at liberty to sue out duplicate of the commission to take  his answer to the plaintiff bill in the cross cause and that the commissioner  may by such commission be empower to swear a interpreter to interpret the oath  to the defendant in the cross bill and to translate his answer from the Bengal  atkins language into English if it shall be find necessary and that these word  corporal and upon the holy evangelist may be leave out of the commission and  instead of the latter word on a proper oath in the most solemn manner or some  other proper word and agreeable to the circumstance of the defendant case may  be insert in their room atkins er p in support of the motion be cite vern anon  wh ere a Jew be order to be swear to his answer upon the Pentateuch hale d  part of the plea of the crown Lord chancellor it depend upon what be admit on  the other side that the defendant in the cross cause be of the gentoo religion  and a idolator I have of ten wonder as the dominion of great Britain be so  extensive that there have never be any rule or method in case of this sort the  general rule be that all person who believe a God be capable of a oath and  what be universal understand by a oath be that the person who take it  imprecate the vengeance of God upon he if the oath he take be false it be upon  this principle that the judge be incline to admit the jews who believe a God  accord to our notion of a God to swear upon the old testament and Lord hale  very just observe it be a wise rule in the kingdom of Spain that a heathen and  idolater shall be swear upon what lie think be the most sacred part of his  religion if a Jew shall be indict for perjury and it be lie in the indictment  that he swear touch sacrosanct God Gospel yet accord to hale the word Gospel  in the indictment may be answer by the old testament which be the evangelium  of the jews in order to remove the difficulty in this case I shall direct that  these word upon the holy evangelist may be leave out the next consideration be  what word must be insert in their room now on the part of the plaintiff in the  cross bill it be desire that I shall appoint a solemn form for the oath I  think this very improper because may possible direct a form that be contrary  to the notion of religion entertain by the gentoo people I will therefore make  this rule that two or three of the commissioner may administer such oath in  the most solemn manner as in their discretion shall seem meet and if the  person upon the usual oath be explain to he shall consent to take it and the  commissioner approve of administer it for he may perhaps be a Christian  convert the difficulty be remove or if they shall think proper to administer  another oath that then they shall certify to the court what be do by they and  that will be the proper time to controvert the validity of such a oath and to  take the opinion of the judge upon it if the court shall have any doubt the  word corporal oath may stand for lift up a arm or other bodily m ember this  will come up to the meaning of a corporal oath but upon the attorney general  be sir Dudley rider suggest that there may be no ceremony in their form of  take oath atkins these word be likewise leave out and the word most solemnly  to be insert in their room the commissioner be empower to swear a interpreter  to interpret the oath and interrogatory be to be exhibit to the plaintiff  witness at each of the say commission and also to interpret their deposition  to the say interrogatory and that these word corporal and upon the holy  evangelist be leave out of such commission and instead of the latter word the  word solemnly be insert Reg lib b fol there be likewise a cross motion for  Barker the defendant in the original and plaintiff in the cross bill that all  further proceed in the original cause may be stay until the plaintiff in the  original cause and the defendant in the cross cause shall have full answer the  cross b ill Lord chancellor the general rule in this court be not td stay  proceed in a original cause till the answer come in to the cross bill but to  stay publication only order that publication in the original cause be enlarge  until the plaintiff in that cause shall have full answer the say cross bill  Reg lib b fol indeed it will have be of course to stay proceed in the original  cause if the plaintiff in the cross cause have bring his bill before lie have  put in a answer to the original bill post creswick v creswick in the cause of  Omychund v Barker Franco v Barker there be two more order of the same day to  the same purpose atkins er p