TENTH ARTICLE [II-II, Q. 89, Art. 10]

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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Summa Theologica, Part II-II (Secunda Secundae) Translated by Fathers of the English Dominican Province · 第 599 / 1128 题