Of Oaths

It is one thing to employ a Divine witness already given, as when one adduces the authority of Holy Scripture; and another to implore God to bear witness, as in an oath.

A man is said to pay his oaths to God because he performs what he swears to do, or because, from the very fact that he calls upon God to witness, he recognizes Him as possessing universal knowledge and unerring truth.

A person is called to give witness, in order that he may make known the truth about what is alleged. Now there are two ways in which God makes known whether the alleged facts are true or not. In one way He reveals the truth simply, either by inward inspiration, or by unveiling the facts, namely, by making public what was hitherto secret: in another way by punishing the lying witness, and then He is at once judge and witness, since by punishing the liar He makes known his lie. Hence oaths are of two kinds: one is a simple contestation of God, as when a man says "God is my witness," or, "I speak before God," or, "By God," which has the same meaning, as Augustine states [See argument On the contrary]; the other is by cursing, and consists in a man binding himself or something of his to punishment if what is alleged be not true.

Jerome, commenting on Matt. 5:34, says: "Observe that our Saviour forbade us to swear, not by God, but by heaven and earth. For it is known that the Jews have this most evil custom of swearing by the elements." Yet this answer does not suffice, because James adds, "nor by any other oath." Wherefore we must reply that, as Augustine states (De Mendacio xv), "when the Apostle employs an oath in his epistles, he shows how we are to understand the saying, 'I say to you, not to swear at all'; lest, to wit, swearing lead us to swear easily and from swearing easily, we contract the habit, and, from swearing habitually, we fall into perjury. Hence we find that he swore only when writing, because thought brings caution and avoids hasty words."

According to Augustine (De Serm. Dom. in Monte i. 17): "If you have to swear, note that the necessity arises from the infirmity of those whom you convince, which infirmity is indeed an evil. Accordingly He did not say: 'That which is over and above is evil,' but 'is of evil.' For you do no evil; since you make good use of swearing, by persuading another to a useful purpose: yet it 'comes of the evil' of the person by whose infirmity you are forced to swear."

He who swears tempts not God, because it is not without usefulness and necessity that he implores the Divine assistance. Moreover, he does not expose himself to danger, if God be unwilling to bear witness there and then: for He certainly will bear witness at some future time, when He "will bring to light the hidden things of darkness, and will make manifest the counsels of hearts" (1 Cor. 4:5). And this witness will be lacking to none who swears, neither for nor against him.

Judgment does not signify here the execution of justice, but the judgment of discretion, as stated above. Nor is truth here to be taken for the part of justice, but for a condition of speech.

Devotion, faith and like conditions requisite for the right manner of swearing are implied by judgment: for the other two regard the things sworn to as stated above. We might also reply that justice regards the reason for swearing.

There is great danger in swearing, both on account of the greatness of God Who is called upon to bear witness, and on account of the frailty of the human tongue, the words of which are confirmed by oath. Hence these conditions are more requisite for an oath than for other human actions.

Two things may be observed in an oath. The witness adduced, and this is Divine: and the thing witnessed to, or that which makes it necessary to call the witness, and this is human. Accordingly an oath belongs to religion by reason of the former, and not of the latter.

In the very fact that a man takes God as witness by way of an oath, he acknowledges Him to be greater: and this pertains to the reverence and honor of God, so that he offers something to God, namely, reverence and honor.

Whatsoever we do, we should do it in honor of God: wherefore there is no hindrance, if by intending to assure a man, we show reverence to God. For we ought so to perform our actions in God's honor that they may conduce to our neighbor's good, since God also works for His own glory and for our good.

There is no parity between a vow and an oath: because by a vow we direct something to the honor of God, so that for this very reason a vow is an act of religion. On the other hand, in an oath reverence for the name of God is taken in confirmation of a promise. Hence what is confirmed by oath does not, for this reason, become an act of religion, since moral acts take their species from the end.

He who swears does indeed make use of his reverence or love for the person by whom he swears: he does not, however, direct his oath to the reverence or love of that person, but to something else that is necessary for the present life.

Even as a medicine is useful for healing, and yet, the stronger it is, the greater harm it does if it be taken unduly, so too an oath is useful indeed as a means of confirmation, yet the greater the reverence it demands the more dangerous it is, unless it be employed aright; for, as it is written (Ecclus. 23:13), "if he make it void," i.e. if he deceive his brother, "his sin shall be upon him: and if he dissemble it," by swearing falsely, and with dissimulation, "he offendeth double," (because, to wit, "pretended equity is a twofold iniquity," as Augustine [Enarr. in Ps. lxiii, 7] declares): "and if he swear in vain," i.e. without due cause and necessity, "he shall not be justified."

Our Lord forbade us to swear by creatures so as to give them the reverence due to God. Hence Jerome adds that "the Jews, through swearing by the angels and the like, worshipped creatures with a Divine honor."

In the same sense a cleric is punished, according to the canons (22, qu. i, can. Clericum, Obj. 2), for swearing by a creature, for this savors of the blasphemy of unbelief. Hence in the next chapter, it is said: "If any one swears by God's hair or head, or otherwise utter blasphemy against God, and he be in ecclesiastical orders, let him be degraded."

—

Religious worship is shown to one whose testimony is invoked by oath: hence the prohibition (Ex. 23:13): "By the name of strange gods you shall not swear." But religious worship is not given to creatures employed in an oath in the ways mentioned above.

This suffices for the Reply to the Second Objection.

It is not the same with a simple assertion, and with an oath wherein God is called to witness: because it suffices for the truth of an assertion, that a person say what he proposes to do, since it is already true in its cause, namely, the purpose of the doer. But an oath should not be employed, save in a matter about which one is firmly certain: and, consequently, if a man employ an oath, he is bound, as far as he can, to make true what he has sworn, through reverence of the Divine witness invoked, unless it leads to an evil result, as stated.

An oath may lead to an evil result in two ways. First, because from the very outset it has an evil result, either through being evil of its very nature (as, if a man were to swear to commit adultery), or through being a hindrance to a greater good, as if a man were to swear not to enter religion, or not to become a cleric, or that he would not accept a prelacy, supposing it would be expedient for him to accept, or in similar cases. For oaths of this kind are unlawful from the outset: yet with a difference: because if a man swear to commit a sin, he sinned in swearing, and sins in keeping his oath: whereas if a man swear not to perform a greater good, which he is not bound to do withal, he sins indeed in swearing (through placing an obstacle to the Holy Ghost, Who is the inspirer of good purposes), yet he does not sin in keeping his oath, though he does much better if he does not keep it.

Secondly, an oath leads to an evil result through some new and unforeseen emergency. An instance is the oath of Herod, who swore to the damsel, who danced before him, that he would give her what she would ask of him. For this oath could be lawful from the outset, supposing it to have the requisite conditions, namely, that the damsel asked what it was right to grant, but the fulfilment of the oath was unlawful. Hence Ambrose says (De Officiis i, 50): "Sometimes it is wrong to fulfil a promise, and to keep an oath; as Herod, who granted the slaying of John, rather than refuse what he had promised."

There is a twofold obligation in the oath which a man takes under compulsion: one, whereby he is beholden to the person to whom he promises something; and this obligation is cancelled by the compulsion, because he that used force deserves that the promise made to him should not be kept. The other is an obligation whereby a man is beholden to God, in virtue of which he is bound to fulfil what he has promised in His name. This obligation is not removed in the tribunal of conscience, because that man ought rather to suffer temporal loss, than violate his oath. He can, however, seek in a court of justice to recover what he has paid, or denounce the matter to his superior even if he has sworn to the contrary, because such an oath would lead to evil results since it would be contrary to public justice. The Roman Pontiffs, in absolving men from oaths of this kind, did not pronounce such oaths to be unbinding, but relaxed the obligation for some just cause.

When the intention of the swearer is not the same as the intention of the person to whom he swears, if this be due to the swearer's guile, he must keep his oath in accordance with the sound understanding of the person to whom the oath is made. Hence Isidore says (De Summo Bono ii, 31): "However artful a man may be in wording his oath, God Who witnesses his conscience accepts his oath as understood by the person to whom it is made." And that this refers to the deceitful oath is clear from what follows: "He is doubly guilty who both takes God's name in vain, and tricks his neighbor by guile." If, however, the swearer uses no guile, he is bound in accordance with his own intention. Wherefore Gregory says (Moral. xxvi, 7): "The human ear takes such like words in their natural outward sense, but the Divine judgment interprets them according to our inward intention."

A vow is not any kind of promise, but a promise made to God; and to be unfaithful to God is most grievous.

An oath is added to a vow not because it is more stable, but because greater stability results from "two immutable things" [Heb. 6:18].

Deliberation of the mind gives a vow its stability, on the part of the person who takes the vow: but it has a greater cause of stability on the part of God, to Whom the vow is offered.

A dispensation from an oath does not imply a permission to do anything against the oath: for this is impossible, since the keeping of an oath comes under a Divine precept, which does not admit of dispensation: but it implies that what hitherto came under an oath no longer comes under it, as not being due matter for an oath, just as we have said with regard to vows (Q. 88, A. 10, ad 2). Now the matter of a declaratory oath, which is about something past or present, has already acquired a certain necessity, and has become unchangeable, wherefore the dispensation will regard not the matter but the act itself of the oath: so that such a dispensation would be directly contrary to the Divine precept. On the other hand, the matter of a promissory oath is something future, which admits of change, so that, to wit, in certain emergencies, it may be unlawful or hurtful, and consequently undue matter for an oath. Therefore a promissory oath admits of dispensation, since such dispensation regards the matter of an oath, and is not contrary to the Divine precept about the keeping of oaths.

One man may promise something under oath to another in two ways. First, when he promises something for his benefit: for instance, if he promise to serve him, or to give him money: and from such a promise he can be released by the person to whom he made it: for he is understood to have already kept his promise to him when he acts towards him according to his will. Secondly, one man promises another something pertaining to God's honor or to the benefit of others: for instance, if a man promise another under oath that he will enter religion, or perform some act of kindness. In this case the person to whom the promise is made cannot release him that made the promise, because it was made principally not to him but to God: unless perchance it included some condition, for instance, "provided he give his consent" or some such like condition.

Sometimes that which is made the matter of a promissory oath is manifestly opposed to justice, either because it is a sin, as when a man swears to commit a murder, or because it is an obstacle to a greater good, as when a man swears not to enter religion: and such an oath requires no dispensation. But in the former case a man is bound not to keep such an oath, while in the latter it is lawful for him to keep or not to keep the oath, as stated above (A. 7, ad 2). Sometimes what is promised on oath is doubtfully right or wrong, useful or harmful, either in itself or under the circumstance. In this case any bishop can dispense. Sometimes, however, that which is promised under oath is manifestly lawful and beneficial. An oath of this kind seemingly admits not of dispensation but of commutation, when there occurs something better to be done for the common good, in which case the matter would seem to belong chiefly to the power of the Pope, who has charge over the whole Church; and even of absolute relaxation, for this too belongs in general to the Pope in all matters regarding the administration of things ecclesiastical. Thus it is competent to any man to cancel an oath made by one of his subjects in matters that come under his authority: for instance, a father may annul his daughter's oath, and a husband his wife's (Num. 30:6, seqq.), as stated above with regard to vows (Q. 88, AA. 8, 9).

Some are unable to confirm their own assertions on account of their own defect: and some there are whose words should be so certain that they need no confirmation.

The greater the thing sworn by, the holier and the more binding is the oath, considered in itself, as Augustine states (Ad Public., Ep. xlvii): and accordingly it is a graver matter to swear by God than the Gospels. Yet the contrary may be the case on account of the manner of swearing for instance, an oath by the Gospels might be taken with deliberation and solemnity, and an oath by God frivolously and without deliberation.

Nothing prevents the same thing from arising out of contrary causes, by way of superabundance and defect. It is in this way that some are debarred from swearing, through being of so great authority that it is unbecoming for them to swear; while others are of such little authority that their oaths have no standing.

The angel's oath is adduced not on account of any defect in the angel, as though one ought not to credit his mere word, but in order to show that the statement made issues from God's infallible disposition. Thus too God is sometimes spoken of by Scripture as swearing, in order to express the immutability of His word, as the Apostle declares (Heb. 6:17).