Summa Theologica by Saint Thomas Aquinas (whitelam books .TXT) 📕

God: unless perchance it included some condition, for instance, "provided he give his consent" or some such like condition.

Reply Obj. 3: 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). _______________________

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). _______________________

QUESTION 90

OF THE TAKING OF GOD'S NAME BY WAY OF ADJURATION
(In Three Articles)

We must now consider the taking of God's name by way of adjuration: under which head there are three points of inquiry:

(1) Whether it is lawful to adjure a man?

(2) Whether it is lawful to adjure the demons?

(3) Whether it is lawful to adjure irrational creatures? _______________________

FIRST ARTICLE [II-II, Q. 90, Art. 1]

Whether It Is Lawful to Adjure a Man?

Objection 1: It would seem that it is not lawful to adjure a man. Origen says (Tract. xxxv super Matth.): "I deem that a man who wishes to live according to the Gospel should not adjure another man. For if, according to the Gospel mandate of Christ, it be unlawful to swear, it is evident that neither is it lawful to adjure: and consequently it is manifest that the high-priest unlawfully adjured Jesus by the living God."

Obj. 2: Further, whoever adjures a man, compels him after a fashion. But it is unlawful to compel a man against his will. Therefore seemingly it is also unlawful to adjure a man.

Obj. 3: Further, to adjure is to induce a person to swear. Now it belongs to man's superior to induce him to swear, for the superior imposes an oath on his subject. Therefore subjects cannot adjure their superiors.

On the contrary, Even when we pray God we implore Him by certain holy things: and the Apostle too besought the faithful "by the mercy of God" (Rom. 12:1): and this seems to be a kind of adjuration. Therefore it is lawful to adjure.

I answer that, A man who utters a promissory oath, swearing by his reverence for the Divine name, which he invokes in confirmation of his promise, binds himself to do what he has undertaken, and so orders himself unchangeably to do a certain thing. Now just as a man can order himself to do a certain thing, so too can he order others, by beseeching his superiors, or by commanding his inferiors, as stated above (Q. 83, A. 1). Accordingly when either of these orderings is confirmed by something Divine it is an adjuration. Yet there is this difference between them, that man is master of his own actions but not of those of others; wherefore he can put himself under an obligation by invoking the Divine name, whereas he cannot put others under such an obligation unless they be his subjects, whom he can compel on the strength of the oath they have taken.

Therefore, if a man by invoking the name of God, or any holy thing, intends by this adjuration to put one who is not his subject under an obligation to do a certain thing, in the same way as he would bind himself by oath, such an adjuration is unlawful, because he usurps over another a power which he has not. But superiors may bind their inferiors by this kind of adjuration, if there be need for it.

If, however, he merely intend, through reverence of the Divine name or of some holy thing, to obtain something from the other man without putting him under any obligation, such an adjuration may be lawfully employed in respect of anyone.

Reply Obj. 1: Origen is speaking of an adjuration whereby a man intends to put another under an obligation, in the same way as he would bind himself by oath: for thus did the high-priest presume to adjure our Lord Jesus Christ [*Matt. 26:63].

Reply Obj. 2: This argument considers the adjuration which imposes an obligation.

Reply Obj. 3: To adjure is not to induce a man to swear, but to employ terms resembling an oath in order to provoke another to do a certain thing.

Moreover, we adjure God in one way and man in another; because when we adjure a man we intend to alter his will by appealing to his reverence for a holy thing: and we cannot have such an intention in respect of God Whose will is immutable. If we obtain something from God through His eternal will, it is due, not to our merits, but to His goodness. _______________________

SECOND ARTICLE [II-II, Q. 90, Art. 2]

Whether It Is Lawful to Adjure the Demons?

Objection 1: It would seem unlawful to adjure the demons. Origen says (Tract. xxxv, super Matth.): "To adjure the demons is not accordance with the power given by our Saviour: for this is a Jewish practice." Now rather than imitate the rites of the Jews, we should use the power given by Christ. Therefore it is not lawful to adjure the demons.

Obj. 2: Further, many make use of necromantic incantations when invoking the demons by something Divine: and this is an adjuration. Therefore, if it be lawful to adjure the demons, it is lawful to make use of necromantic incantations, which is evidently false. Therefore the antecedent is false also.

Obj. 3: Further, whoever adjures a person, by that very fact associates himself with him. Now it is not lawful to have fellowship with the demons, according to 1 Cor. 10:20, "I would not that you should be made partakers with devils." Therefore it is not lawful to adjure the demons.

On the contrary, It is written (Mk. 16:17): "In My name they shall cast out devils." Now to induce anyone to do a certain thing for the sake of God's name is to adjure. Therefore it is lawful to adjure the demons.

I answer that, As stated