Question I

GRATIAN. PART I. That an oath is not to be furnished is proved by the authority of canonical Scripture. For Christ says to the Apostles in the Gospel: “Let your speech be: Yes, yes; no, no; but what is more than this is from evil.” Likewise James in his epistle: “Before all things, my brothers, do not swear at all.” By both authorities we are forbidden to furnish an oath. But it is one thing to approach an oath voluntarily, and another to offer an oath either to assert one’s innocence, to confirm covenants of peace, or to persuade hearers when they are slow to believe what is useful to them. The first is prohibited; the second is conceded. For to swear is not altogether a sin. Hence it is read in the Eighth Council of Toledo, [c. 2]:

Everything that enters into covenants of peace then subsists more firmly when the interposition of an oath strengthens it. And everything that unites the minds of friends then endures more faithfully when the bonds of an oath bind them. For everything that a witness attests is established more truly when the addition of an oath affirms it. But even if a witness is lacking, the mere imposition of an oath manifests the good faith of the innocent person.

Likewise Augustine on the Epistle to the Galatians, [at the end of chapter 1]. An oath that is from evil—not the evil of the one swearing, but of the unbeliever by whom he is compelled to swear—is not contrary to the Lord’s command. For from this it is understood that the Lord prohibited swearing in such a way that, insofar as it lies with him, each person should not swear. Many do swear, having an oath in their mouth as though it were something great and pleasant. Certainly the Apostle knew the Lord’s command, and nevertheless he swore. For those who do not think these to be oaths are not to be heard. What, then, will they do with this: “Daily I die, by your glory, brothers, which I have in Christ Jesus our Lord”? The Greek exemplars show that this is a most manifest oath. Therefore we are forbidden to swear from desire or love of swearing. For although an oath is more than “yes, yes; no, no,” and is therefore from evil, nevertheless it is not from your evil but from the weakness or unbelief of those who are not otherwise moved to belief.

Likewise Augustine in his letter [154] to Publicola. In the New Testament it was said that we should not swear at all. This seems to me to have been said, not because swearing is a sin, but because committing perjury is a monstrous sin, from which he who admonished us not to swear at all wished us to be far removed.

The same, [sermon 30, On the Words of the Apostle]. So that you may know that to swear truthfully is not a sin, we find that the Apostle Paul also swore: “Daily I die, by your glory, brothers, which I have in Christ Jesus our Lord.” “By your glory” is an oath; for he did not say, “By your glory I die,” as though your glory caused me to die, in the manner that, if it were said that someone died by poison, by the sword, by a beast, or by an enemy, it would be understood that he died through the enemy’s action, the sword’s action, or the poison’s action.

The same, On the Sermon of the Lord, [book I, c. 30]. Thus, therefore, it is understood that the Lord commanded that one should not swear, lest anyone seek an oath as a good and, through habitual swearing, slide by custom into perjury. Therefore one who understands that swearing is to be accounted not among good things but among necessary things restrains himself as much as he can so that he does not use it unless necessity compels him—namely, when he sees that men are slow to believe what it is useful for them to believe unless it is confirmed by an oath. To this certainly pertains what is said thus: “But let your speech be: Yes, yes; no, no.” This is good and to be sought; “but what is more than this is from evil.” That is: if you are compelled to swear, know that it comes from the necessity of the weakness of those whom you persuade of something. That weakness is certainly an evil from which we daily pray to be delivered when we say: “Deliver us from evil.” And so he did not say, “What is more than this is evil.” For you who make good use of an oath do not do evil.

Likewise Augustine, On the Sermon of the Lord on the Mount, book I. You do no evil when you make good use of an oath, which, although it is not good, is nevertheless necessary so that you may persuade another of what you beneficially advise. But it is from the evil of him by whose weakness you are compelled to swear.

Likewise Jerome on Jeremiah, [at c. 4]. “And they will swear, ‘The Lord lives,’ in truth, in judgment, and in justice; and the nations will bless him and praise him.” How, then, does the Gospel prohibit us from swearing? But here “oath” is said for confession and for the condemnation of the idols by which Israel used to swear. Finally, stumbling blocks are removed, and he swears by the Lord. What is said—“The Lord lives”—is an oath in the Old Testament for the condemnation of the dead things by which every idolater swore.

Likewise Jerome on Matthew, book I, [on c. 5]. Consider that the Savior did not prohibit swearing by God, but by heaven, earth, Jerusalem, and your head. And this had been conceded by the law as though to little children, so that, just as they sacrificed victims to God lest they sacrifice them to idols, so too they were permitted to swear by God—not because they acted rightly in this, but because it was better to offer this to God than to demons.

Likewise from the Fourth Council of Carthage, [cc. 61 and 62]. A cleric who swears by created things is to be rebuked most sharply; if he persists in the vice, he is to be excommunicated. But one who sings during feasts is to be restrained by the severity of the aforesaid sentence.

Likewise Pope Pius. If anyone shall have sworn by God’s hair or head, or shall have employed blasphemy against God in another manner, if he is of the ecclesiastical order, let him be deposed; if a layman, let him be anathematized. And if anyone shall have sworn by created things, let him be chastised most sharply and do penance according to what the synod shall have adjudged. § 1. But if anyone shall not have disclosed such a man, there is no doubt that he is to be restrained by divine condemnation. § 2. And if a bishop shall have neglected to amend these things, let him be corrected most sharply. PART II. GRATIAN. It is asked who is more bound: the one who swears by God, or the one who swears upon the sacred Gospels? John Chrysostom answers this question, saying:

If there has been some case, one who swears by God seems to do something small. But one who swears by the Gospel seems to have done something greater. To these it must be said: Fools, the Scriptures are holy because of God; God is not holy because of the Scriptures.

Likewise Jerome. We have it written in the law of God: “You shall not swear falsely in my name, nor pollute the name of your God in vain.” Therefore all are to be admonished diligently to avoid perjury, not only upon an altar or the relics of saints but also in common speech.

Likewise Isidore, Sentences, book II, [c. 31]. To swear is not contrary to God’s command, but when we make a practice of swearing, we incur the crime of perjury.

Likewise Augustine, On the Words of the Apostle, sermon 28, [otherwise 30]. If swearing were a sin, it would not have been said in the old law: “You shall not swear falsely; you shall render your oaths to the Lord.” For a sin would not be commanded to us. Likewise: § 1. We do not tell you that we do not swear. For if we say this, we lie. So far as it pertains to me, I do not swear; but, so far as it seems to me, when compelled by great necessity—when I see that unless I do so I am not believed, and that it is not expedient for the one who does not believe me not to believe—with this reason weighed and this consideration balanced, I say with great fear: “Before God,” or “God is my witness,” or “Christ knows that it is thus in my mind.” And I see that this is more, that is, that it is more than “yes, yes; no, no.” But what is more is from evil—not from the one swearing but from the one not believing. PART III. GRATIAN. From the preceding it is gathered that to swear is not a sin; nevertheless, it is not to be sought as a good, lest by a habit of swearing we fall into perjury. But since it is said to proceed from the evil of the one who does not believe, it seems that, even if swearing is not a sin, nevertheless to receive an oath is evil. Yet by the name of evil, not wickedness but the penalty of sin is understood. For that unbelief by which we are compelled to swear proceeded from penal weakness. But just as swearing itself is not a sin, so receiving an oath from someone is not evil. Hence Augustine writes to Publicola, [letter 154]:

Although it has been said that we should not swear, I do not remember having read anywhere in the holy Scriptures that we should not receive an oath from someone. PART IV. GRATIAN. But it is asked whether the pledged faith of one who swears by demons is to be used. Concerning these matters Augustine writes thus to Publicola, [in the same letter 154]:

It troubles you whether the pledged faith of one who has sworn by demons that he will preserve it is to be relied upon. Here I wish you first to consider whether, if someone has sworn by false gods that he will preserve his pledge and has not preserved it, he does not seem to you to have sinned twice. For if by such an oath he preserved the pledge he had promised, he would be judged to have sinned only because he swore by false gods. But no one would rebuke the fact that he preserved his pledge. Now, however, because he both swore by those by whom he ought not and acted contrary to the pledge he had promised, he has certainly sinned twice. And through this, one who relies upon the pledged faith of a person who is known to have sworn by false gods—and relies upon it not for evil but for something lawful and good—does not associate himself with that person’s sin by which he swore by demons, but with his good covenant by which he preserved his pledge. Nor here do I speak of preserving that faith by which those who are baptized in Christ are called faithful. For that is far different and far removed from the faith of human agreements and covenants. Nevertheless, without any doubt it is a lesser evil to swear truthfully by false gods than deceitfully by the true God. For the holier that by which one swears is, the more punishable the perjury is. § 1. Another question is whether one who causes an oath to be sworn to himself by false gods does not sin, because the one who swears to him swears by the false gods whom he worships. Those testimonies that you yourself recalled concerning Laban and Abimelech can support this question—if, nevertheless, Abimelech swore by his own gods, just as Laban swore by the God of Sabaoth. GRATIAN. Thus also, when the Romans are read in the Book of Maccabees to have confirmed peace with the Jews, they are to be understood to have sworn by false gods, just as the Jews swore by the true God. Thus also concerning an oath made by created things it is to be understood that swearing by created things is indeed evil, because it is prohibited by God; but to preserve what is sworn is good, so that the sin of lying and deceit may be avoided. § 1. But it is objected that Joseph, a holy man, swore by created things when he said to his brothers: “By the welfare of Pharaoh, you shall not depart from here.” § 2. But it must be known that the saints swore not so much by created things as by the creator of created things, nor did they venerate anything in created things other than their Creator, as Joseph did, who, in swearing by Pharaoh, venerated in him the fact that he had been placed among the lowest by God’s judgment. Hence the Apostle says: “Every power is from the Lord God.” Likewise Christ to Pilate: “You would have no power over me unless it had been given to you from above.” But God prohibited swearing by created things, lest either, after the manner of the gentiles, some divine power should be believed to be present in created things, or, by judging created things contemptible, we should reckon promises made by them as nothing. § 3. But it is asked which is more grave: to swear deceitfully by created things, or by the Creator? For one who swears falsely by created things is guilty in two ways: both because, contrary to the prohibition, he swears by that by which it is not lawful for him to swear—a sin from which one who swears only by the Creator is immune—and because he ensnares his neighbor by deceit, which one who swears falsely by the Creator also does. But if perjury is the more punishable the holier that by which one swears is, it appears that, although one who swears falsely by created things sins in two ways, nevertheless one who swears falsely by the Creator subjects himself to a graver penalty. PART V. § 4. But the penalty for perjury is most grave; if anyone, fearing it, is unwilling to come to confession, he is to be cast from the fellowship of the faithful. Hence Pope Eutychian:

It is also to be preached that the faithful avoid perjury and abstain from it with the greatest care, knowing that this is a great crime, prohibited in the law, the Prophets, and the Gospel. But we have heard that certain persons esteem this crime lightly and impose a somehow light measure of penance upon perjurers. They ought also to know that such a penance ought to be imposed for perjury as for adultery, fornication, homicide committed voluntarily, and the other criminal vices. § 1. But if anyone, after perpetrating perjury or any criminal sin, is unwilling to come to confession because he fears a long penance, he is to be repelled from the church, or from the communion and fellowship of the faithful, so that no one may eat or drink with him or receive him in his house.