Whether an Oath Is Voided by a Condition of Person or Time?
Objection 1: It would seem that an oath is not voided by a condition
of person or time. An oath, according to the Apostle (Heb. 6:16), is
employed for the purpose of confirmation. Now it is competent to
anyone to confirm his assertion, and at any time. Therefore it would
seem that an oath is not voided by a condition of person or time.
Obj. 2: Further, to swear by God is more than to swear by the
Gospels: wherefore Chrysostom [*Hom. xliv in the Opus Imperfectum
falsely ascribed to St. John Chrysostom] says: "If there is a reason
for swearing, it seems a small thing to swear by God, but a great
thing to swear by the Gospels. To those who think thus, it must be
said: Nonsense! the Scriptures were made for God's sake, not God for
the sake of the Scriptures." Now men of all conditions and at all
times are wont to swear by God. Much more, therefore, is it lawful to
swear by the Gospels.
Obj. 3: Further, the same effect does not proceed from contrary
causes, since contrary causes produce contrary effects. Now some are
debarred from swearing on account of some personal defect; children,
for instance, before the age of fourteen, and persons who have
already committed perjury. Therefore it would seem that a person
ought not to be debarred from swearing either on account of his
dignity, as clerics, or on account of the solemnity of the time.
Obj. 4: Further, in this world no living man is equal in dignity to
an angel: for it is written (Matt. 11:11) that "he that is the lesser
in the kingdom of heaven is greater than he," namely than John the
Baptist, while yet living. Now an angel is competent to swear, for it
is written (Apoc. 10:6) that the angel "swore by Him that liveth for
ever and ever." Therefore no man ought to be excused from swearing,
on account of his dignity.
_On the contrary,_ It is stated (II, qu. v, can. Si quis presbyter):
"Let a priest be examined 'by his sacred consecration,' instead of
being put on his oath": and (22, qu. v, can. Nullus): "Let no one in
ecclesiastical orders dare to swear on the Holy Gospels to a layman."
_I answer that,_ Two things are to be considered in an oath. One is
on the part of God, whose testimony is invoked, and in this respect
we should hold an oath in the greatest reverence. For this reason
children before the age of puberty are debarred from taking oaths
[*Caus. XXII, qu. 5, can. Parvuli], and are not called upon to swear,
because they have not yet attained the perfect use of reason, so as
to be able to take a oath with due reverence. Perjurers also are
debarred from taking an oath, because it is presumed from their
antecedents that they will not treat an oath with the reverence due
to it. For this same reason, in order that oaths might be treated
with due reverence the law says (22, qu. v, can. Honestum): "It is
becoming that he who ventures to swear on holy things should do so
fasting, with all propriety and fear of God."
The other thing to be considered is on the part of the man, whose
assertion is confirmed by oath. For a man's assertion needs no
confirmation save because there is a doubt about it. Now it derogates
from a person's dignity that one should doubt about the truth of what
he says, wherefore "it becomes not persons of great dignity to
swear." For this reason the law says (II, qu. v, can. Si quis
presbyter) that "priests should not swear for trifling reasons."
Nevertheless it is lawful for them to swear if there be need for it,
or if great good may result therefrom. Especially is this the case in
spiritual affairs, when moreover it is becoming that they should take
oath on days of solemnity, since they ought then to devote themselves
to spiritual matters. Nor should they on such occasions take oaths
temporal matters, except perhaps in cases grave necessity.
Reply Obj. 1: 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.
Reply Obj. 2: 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.
Reply Obj. 3: 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.
Reply Obj. 4: 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).
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