Case 2. A Confirmatory Oath

Titius and Bertha, Catholics, seriously gave mutual promises of entering into marriage in the future without committing them to writing, which they thought useless since Titius had confirmed them by oath. But, such is the instability of the human heart, through the familiarity permitted to him as Bertha’s betrothed, Titius gradually conceived a more ardent love for Catharine, Bertha’s sister. At length, after some time, his disposition was so changed that he could not endure Bertha, because he regarded her as an obstacle to union with Catharine. The parish priest, consulted by Titius about his freedom, answered that the promises in the case indeed had no canonical effects, but nevertheless produced a natural obligation which bound in conscience, especially since they had been confirmed by oath. Hence it is asked:

1. What is the effect of an invalidating law with respect to an act valid by natural law?

2. What is an oath, and what kind of obligation does it introduce?

3. What is to be said of the case?

1. What is the effect of a voiding law on an act which is valid by the law of nature?

The effect of a voiding or annulling law on an act which otherwise would be valid depends very much on the intention of the legislator. Sometimes the legislator merely.

intends to deny the right of bringing an action in court to enforce a claim; sometimes the claim is made voidable, not void; sometimes it is made void. What the effect is of any particular voiding law will therefore largely be a question of interpretation. :

2. What is an oath, and what sort of obligation does it impose?

An oath is the calling of God to witness to the truth of what we say. It imposes a special obligation out of reverence for God, the God of truth, to tell the truth, or, in a promissory oath, to be faithful to the promise given. A promissory oath is accessory to the promise which it confirms, and must be interpreted according to the nature of that promise. If for any reason the promise was null and void from the beginning, or if it becomes so, the oath, as being accessory, will also cease to bind.

3. The case. Titius and Bertha enter into a verbal engagement to marry, and Titius confirms his promise with an oath. Afterward he falls in love with Catharine, Bertha's sister, and wants to marry her. As now he can not endure Bertha, he asks his parish priest whether he may do as he desires, but he is told that though the verbal engagement with Bertha produced no canonical effects, yet it gave rise to a natural obligation by which he is bound to marry her, especially as the promise was confirmed by oath.

The parish priest was wrong in giving this answer. If that were the effect of the new law Ne temere, it would not attain the end intended by the lawgiver—“that the inconveniences might be met which arise from betrothals, that is, from mutual promises of future marriage entered into privately.” Just as clandestine marriage is null and void, so unwritten engagements are null and void by the new law. "Therefore

Titius’ engagement was null and did not produce any natural obligation, and the oath as being accessory was also void. This, if we look merely at the promise and the oath; for if Bertha will suffer any special damage on account of having relied on the promise and oath of Titius, he will be bound to abstain from damaging her, and if he does not do so, he will be bound in justice to compensate her as far as he can. In certain circumstances he might even be bound to marry her, if that were the only means of saving her from a cruel wrong, not precisely on account of his sworn promise, but because he has no right to deceive others in the reasonable expectations which they have formed from his course of conduct towards them.