Hincmar of Rheims, De Divortio, Interrogatio/Responsio 14

Hincmar of Rheims, De Divortio, Interrogatio/Responsio 14

Written in 860 CE.

Source: Hincmar of Rheims "The Divorce of King Lothar and Queen Theutberga. Hincmar of Rheims’s De Divortio. Trans: Rachel Stone and Charles West." Manchester University Press (2016). pp. 232-235.

Question 14 and Response 14

Let the words of St Gregory in his book 33 [32] on the Morals, be read for the question raised about the oath (sacramentum). For he says:

‘Behold someone who seeks friendships of this world, who binds himself by an oath to someone leading a life similar to his, that he will cover over his secrets in total silence; but the one to whom this was sworn is discovered to be committing adultery, and may even try to kill the husband of the adulteress. The man who swore the oath comes back to his senses and is buffeted about by various thoughts: he fears to keep silent about it, lest by keeping silent about the adultery he may also become a participant in the murder; but he trembles also to betray, lest he render himself guilty of perjury. He is tied by the entwined sinews of his testicles, fearing to come down on either side, lest he not be free of the taint of transgression.’

 And a little later:

‘There is, however, a principle which may be useful for eliminating these trickeries, which is that when the mind is compelled between lesser and greater sins, then if there is really no path of escape open without sin, the lesser sins should always be chosen. For he who is enclosed on all sides by a circuit of walls so that he might not escape, jumps off in flight there where the walls are found to be lower.’

And the venerable priest Bede says thus in his homily on the Gospel according to Matthew, in which Herod’s foolish oath is described:

‘How greatly we should avoid the rashness of taking an oath, both the Lord in the Gospel and James in his letter teach, saying “But above all things, my brethren, swear not, neither by the heaven, neither by the earth, neither by any other oath. But let your yea be yea; and your nay, nay, lest ye fall into judgment” [James 5:12]. Clearly this is the judgement to which Herod fell victim, so that he had either to commit perjury, or, fearing to perjure, to carry out another sin. But if it should happen perhaps that we swear incautiously, that is, an oath which if kept would incline to a worse result, then we should openly recognise that the oath can be changed by more healthy counsel. By force of necessity, we shall have to perjure, rather than fall into a more serious crime in order to avoid perjury. For David swore by the Lord to kill Nabal, a foolish and impious man, and to destroy all that belonged to him. But at the first intercession of his [Nabal’s] prudent wife Abigail, he revoked his threats, sheathed his sword, and did not grieve that he had committed something sinful by such perjury. And Herod swore to give to the dancer whatever she demanded of him, and, lest he be called a perjurer by the banqueters, he defiled the banquet itself with blood, making the death of a prophet into a dancer’s reward. Moderation is to be carefully observed not just in swearing, but in all things that we do.

So if perhaps we fall into the traps of the wily enemy, from which we cannot escape without some stain of sin, let us seek to escape it rather by seeking the approach in which we bear less risk. And so, following the example of those shut in by enemy walls, and who, desiring to escape, see all exits forbidden to them: it is necessary that they chose some place from which to jump down, a place where the wall is lower, so they run the least risk in falling.’

And in the Council of Lérida it is decreed:

‘whoever obliges himself by an oath that he will in no way return to peace with someone with whom he is in contention, he will be separated from the communion of the body and blood of the Lord for one year for his perjury, and let him absolve his guilt with alms, tears and as much as he can, with fasting, and let him hurry to return quickly to love, which “covers a multitude of sins.”[1 Peter 4:8]’

And since the questioners wished to ask about an oath of this sort, we thought it not irrelevant to write about such things, which are accustomed to happen to human frailty. We do not target anyone in particular with what we write, but rather in case there is such a person whom this advice would be able to help, mindful of the Scripture saying “whatsoever thou spendest more, when I come again, I will repay thee” [Luke 10:35]. And so, although we were not asked about it, we thought we should include [advice] for someone who must choose between two things and wavers. For no one will easily find, indeed no one is able to find, someone who is holier than David, wiser than Solomon, and stronger than Samson. And these, captured by love of a woman, which tames iron wills by lust, and neither shrinks back from the rags of the poor nor fears the royal purple, did things which were not befitting.

And women often come to us complaining that young men made them a pledge (fidem promiserint) and then left them, scorned. And it has sometimes been found by us that men have left their legitimate wives and have adhered to adulteresses, in order to keep the faith they promised, to such an extent that they could be separated from these women only with great efforts.

About this business, St Augustine says in his book On the Good of Marriage:

‘There is this further, that in that very debt which married persons pay one to another, even if they demand it with somewhat too great intemperance and incontinence, yet they owe faith (fides) one to each other. To this faith the Apostle allows so great right as to call it "power" (potestas), saying, "The wife hath not power of her own body, but the husband; and likewise also the husband hath not power of his own body, but the wife" [1Corinthians 7:4]. But a violation in the use of this faith is called adultery, when either by instigation of one's own lust, or by consent to the lust of another, there is sexual intercourse with another man or woman against the marriage compact. And so the faith is broken, which is a great good of the soul even in matters that are of the body and low: and therefore it is certain that it ought to be preferred even to the health of the body, in which this life of ours is contained. For, although a little straw in comparison to much gold is almost nothing; yet faith, when it is kept pure in a matter of straw, as in a matter of gold, is not therefore less because it is kept in a lesser matter. But when faith is used to allow sin, it would be amazing that we should call it faith. However, of whatever kind the faith be, if a deed be done against it, it is the worse done; except when faith is abandoned on this account, so that there may be a return to true and lawful faith, that is, that a sin may be amended from perversion by a correct will.

It is as if someone who could not rob a person alone should find a partner in his iniquity, and make an agreement with him to do it together, and to divide the spoil; and, after the crime has been committed, should take off the whole to himself alone. That other man sorrows for himself, and complains that faith has not been kept with him. But in his very complaint he ought to consider, that he himself rather should have kept faith with human society in a good life, and not to make unjust spoil from a person, if he feels how injust it was not to preserve it [faith] with himself in the fellowship of sin. The other man, being faithless in both instances, must assuredly be judged as guilty and the more wicked. But if he had been unwilling to divide the spoil with his partner in crime, so that it might be restored to the person from whom it had been taken, not even a faithless man would call him faithless. Thus if a woman, having broken her marriage faith, keeps faith with her adulterer, she is certainly bad: but if she does not keep faith even with her adulterer, worse. Furthermore, if she should repent her of her sin, and returning to marital chastity, should renounce all adulterous compacts and sentiments, I would be surprised if even the adulterer himself will think of her as a violator of faith.’

And this is equally to be understood about an adulterer, that if he renounces an agreement made with an adulteress, that adulteress herself will not be able justly to say that he is a violator of faith.

Bede the Venerable, On Swearing

Bede the Venerable, Commentary on James 5:12

Source: Bede the Venerable: 1985. Bede the Venerable: Commentary on the Seven Catholic Epistles, p. 60. Translated by Dom David Hurst. Kalamazoo, Mich.: Cistercian Publications c/o Liturgical Press.

5:12 Above all things, however, my brothers, do not swear, and so on. 

Because he wishes to draw out the deadly poison of the tongue entirely in his hearers, having forbidden them from slandering one another, having prohibited them from judging their neighbor, having restrained them from complaining against one another in adversities, which are obvious sins, he adds also what to some people appears slight, that he may remove the custom of swearing at all. For this also is clearly evident that it must not at all be taken lightly by those who carefully weigh that thought of the Lord in which he says, Every careless word which men have spoken they will render an account of on the day of judgment. That you may not fall under judgment. I restrain you from the fault of swearing, he says, for the reason that in swearing often to the truth you may also sometimes fall into perjury, and also that you may be further from the vice o f perjury the more you do not wish to swear solemnly to the truth except under pressing necessity. But he also falls under the judgment of guilt who, although he never commits perjury, nevertheless swears solemnly to the truth more frequently than is necessary, because certainly he sins by the very carelessness of overmuch speaking and offends the judge who has forbidden both a useless word and every oath.

---

Bede the Venerable, Homily II.23:7, On the Beheading of John the Baptist

Written c. 720-730 CE.

Source: Bede the Venerable. 1991. Homilies on the Gospels: Lent to the Dedication of the Church, p. 229-239. Translated by Lawrence T. Martin. Cistercian Studies Series 3. Cistercian Publications. 

Like the Lord in the gospel, James in his letter teaches how strictly we ought to avoid the rashness of swearing, saying, Above all, my brothers, do not swear, either by heaven or by earth or with any oath whatsoever; but let your yes be yes, and your no be no, that you may not be liable to judgment. This is the judgment to which Herod fell victim, so that he found he had either to break his oath or, to avoid breaking his oath, to commit another shameful act. If it should perhaps happen that we swear carelessly to something which, if carried out, would have most unfortunate consequences, we should know that we should willingly change it [in accord with] more salutary counsel. There is an urgent necessity for us to break our oath, rather than turn to another more serious crime in order to avoid breaking our oath. David swore by the Lord to kill Nabal, a stupid and wicked man, and to destroy all his possessions; but at the first entreaty of the prudent woman Abigail, he quickly took back his threats, put back his sword into its scabbard, and did not feel that he had contracted any guilt by thus breaking his oath in this way. Herod swore that he would give the dancing girl whatever she asked of him, and, to avoid being accused of breaking his oath by those who were at his banquet, he defiled the banquet with blood when he made the reward for her dancing the death of a prophet. And not only in swearing, but in everything that we do, this is the rule we should carefully observe: that if we should perhaps fall into the snares of a wily enemy from which we cannot escape without some taint of sin, we should rather seek that way out in which we discern that we will suffer less danger. We should follow the example of those shut up within enemy walls: they are desirous of finding a way out, but consider that access to every gate is closed to them—out of necessity they choose a place where the wall is lower from which to jump down, so that when they fall they incur the least danger.

Antiochus of Palestine, Pandektes, Logos 63

Antiochus of Palestine, Pandektes, Logos 63

Written by a monk of the Lavra of St. Saba c. 620 CE.

Source: PG 89:1621-1624

  

Greek

Latin

ΛΟΓΟΣ ΞΓ: Περὶ τοῦ μὴ ὀμνύειν. Περὶ τοῦ μὴ ὀμνύειν, ὁ μὲν παλαιὸς νόμος, ἅτε δὴ νηπίοις νομοθετῶν, ἐντέλλεται, μὴ ἀκαίρως, μηδὲ ἐπὶ δόλῳ τῷ πλησίῳ ὀμνύειν. Ἡμῖν δὲ ὁ Κύριος ἡμῶν καὶ Σωτὴρ ἐντέλλεται, μήτε ὅλως ὀμόσαι, μήτε εὐκαίρως, μήτε ἀκαίρως. «Ἤτω γὰρ, φησὶν, ἐν ὑμῖν τὸ, ναὶ, ναὶ, καὶ τὸ, οὒ, οὔ. Τὸ δὲ περισσεῦον, ἐκ τοῦ πονηροῦ ἐστιν.» Καὶ τῷ πρώτῳ, φησὶν, λαῷ ὡς σκληροτραχήλῳ ἐνετειλάμην, «Οὐκ ἐπιορκήσεις, ἀποδώσεις δὲ Κυρίῳ τοὺς ὅρκους σου·» ὡς σκληροκαρδίοις καὶ ἀπειθοῦσίν μοι. Ὑμῖν δὲ τοῖς πιστεύ σασιν εἰς ἐμὲ, οἷς δέδωκα ἐξουσίαν τέκνα Θεοῦ γενέσθαι, τοῖς ἀναγεγεννημένοις ἐκ τοῦ ἁγίου Πνεύματος, παρακελεύομαι μήποτε ὅλως ὀμόσαι τὸν οἱονδήποτε μικρὸν ἢ μέγαν ὅρκον, ἵνα δειχθῇ τὸ διάφορον τῶν νόθων καὶ τῶν γνησίων μου τέκνων. Αἰδεσθῶμεν οὖν, ἀγαπητοὶ, τὸν οὕτως τιμήσαντα ἡμᾶς Δεσπότην καὶ Πατέρα, καὶ μετὰ παντὸς φόβου ὡς δοῦλοι γνήσιοι φυλάξωμεν τὴν ἐντολὴν αὐτοῦ τοῦ μηδ’ ὅλως ὀμνύειν· μήποτε καὶ περὶ ἡμῶν εἴπῃ, «Υἱοὺς ἐγέννησα καὶ ὕψωσα, αὐτοὶ δέ με ἠθέτησαν.» Καὶ, «Υἱοὶ ἀλλότριοι ἐψεύσαντό μοι.» Μὴ οὖν γενώμεθα ἰταμοὶ καὶ καταφρονηταὶ τῆς ἐντολῆς τοῦ Δεσπότου ἡμῶν. Τὰ γὰρ χωρὶς ὅρκου γενόμενα ἣ λεγόμενα, εὐπειθέστερά ἐστιν τοῖς ἀνθρώποις, καὶ τῷ Θεῷ εὐάρεστα. Καλῶς οὖν ἡ Σοφία διαγγέλλει, «Ὄρκῳ μὴ ἐθίσῃς τὸ στόμα σου, καὶ ὀνομασίᾳ τοῦ ἁγίου μὴ συνεθίσῃς. Ὁ γὰρ ὀμνύων οὐ μὴ καθαρισθῇ ἀπὸ ἁμαρτίας.» Καὶ πάλιν, «Ἀνὴρ πολύορκος πλησθήσεται ἀνομίας, καὶ οὐκ ἀποστήσεται ἀπ’ αὐτοῦ μάστιξ.» Ἀλλὰ καὶ ἡ λαλιὰ τοῦ πολυόρκου οὐ μόνον τρίχας ἀνορθοῖ, ἀλλὰ καὶ ἀκοαῖς πολεμία. Φησὶν δὲ καὶ ὁ νόμος, «Οὐκ ὀμεῖσθε τὸ ὄνομά μου ἐπὶ ἀδίκῳ.» Καὶ ὁ προφήτης Ζαχαρίας, «Ὅρκον ψευδῆ μὴ ἀγαπᾶτε· τὴν ἀλήθειαν δὲ, καὶ τὴν εἰρήνην ἀγαπᾶτε.» Λέγει δὲ καὶ ὁ Ὠσηὲ, «Καὶ μὴ ὀμνύετε ζῶντα Κύριον.» Ὁ δὲ Μιχαίας, «Καὶ ἔσομαι, φησὶν, μάρτυς ταχὺς ἐπὶ τοὺς ὀμνύοντας τῷ ὀνόματί μου.» Ἐπιστέλλει δὲ καὶ ὁ Ἰάκωβος, λέγων, «Πρὸ πάντων, ἀδελφοὶ, μὴ ὀμνύετε, μήτε τὸν οὐρανὸν, μήτε τὴν γῆν, μήτε τινὰ ἄλλον ὅρκον· ἤτω δὲ ὑμῶν τὸ, ναὶ, ναὶ, καὶ τὸ, οὒ, οὔ· ἵνα μὴ εἰς ὑπόκρισιν πέσητε.» Ὡσαύτως καὶ ὁ Κύριος ἡμῶν καὶ Σωτὴρ, «Ἐγὼ δὲ λέγω ὑμῖν, μὴ ὀμόσαι ὅλως, μήτε ἐν τῷ οὐρανῷ, ὅτι θρόνος ἐστὶν τοῦ Θεοῦ, μήτε ἐν τῇ γῇ, ὅτι ὑποπόδιον τῶν ποδῶν αὐτοῦ ἐστιν· μήτε εἰς Ἱεροσόλυμα, ὅτι πόλις ἐστὶν ἁγία τοῦ μεγάλου Βασιλέως· μήτε ἐν τῇ κεφαλῇ σου ὀμόσεις, ὅτι οὐ δύνασαι μίαν τρίχα λευκὴν, ἢ μέλαιναν, ποιῆσαι· ἤτω δὲ ὑμῶν τὸ, ναὶ, ναὶ, καὶ τὸ, οὒ, οὔ. Τὸ δὲ περισσὸν τούτων, ἐκ τοῦ πονηροῦ ἐστιν.» Τῷ δὲ Χριστῷ πρέπει δόξα εἰς τοὺς αἰῶνας. Ἀμήν.

Homilia LXIII: Non esse iurandum. Iam quod jurandum no sit. Et quidem vetus illa lex, quasi sua sanciret decretal pusionibus, qui necdum essent per aetatem sanctioris disciplinae capaces, tantum illud cavet, ut nequis per intempestivam occasionem, neu per dolum iuret proximo suo; nobis autem nostrae omnium vindex salutis Dominus Dicit, omnino ut ne iuremus. Ait enim: “Sit sermo vester, est est, non non, quod autem abundantius est, a malo est.” Ac si diceret, illi populo priori callisae admodum cervices ac praedurae, mandavi sic: “Non peierabis, reddes autem Domino iuramenta tua:” populo nempe illi cui cor usque adeo occalluerat, ut contumax semper fuerit nec credulous verbis meis. Vos autem qui fidem quae in me est, nihil gravatim estis complexi, quibus et dedi potestatem filios Dei fieri, regeneratis iam ex Spiritu sancto: vos, inquam, adhortor, omnino ut ne iuretis [nisi illae adsint comites: veritas, iudicium et iustitia], ut vel hoc discerniculo et insigni declaretur, qui degeneres sint quive legitimi mei filii. Revereamur, dilectissimi, eum qui nos tanto dignatus honore est, Dominum dico, et ipsius Patrem. Sed et omni cum timore, tanquam ingenui ac veraces servi hoc eius verbum sedulo observemus, ut ne iuremus omnino: ne quando in nos illud intorqueat: “Filios genui et exaltavi, ipsi autem spreverunt me.” Et: “Filii alieni mentiti sunt mihi.” Ne, quaeso, Adversus sermonem hunc Dominicum temere quidquam qut per contemptum admittamus. Etenim quae a nobis vel fiunt vel dicuntur citra iuramenti accessionem, fidem multo qpud homines maiorem impetrant, suntque Deo longe gratiora. Recte igitur denuntiat Sapientia: “Iuramento non assuefacias os tuum et nomini sancto ne assuescas; qui enim per assuetudinem iurat, nunquam pugabitura peccato.” Rursum: “Vir ulum iurans, implebitur ignominia, et non recedet ab eo flagellum.” Sed vel sola locutio viri iuramentis assneti, non solum capillos surrigit, verum autes insuper infense et pugnaciter vellicate adientium. Lex quoque dicit: “Non iures per nomen meum in re iniusta.” Propheta autem Zacharias: “Iuramentum mendax ne diligite.” Dicit et Osee: “ Et ero testis velox Adversus eos qui iurant in nominee meo mendaciter.” Dicet et Iacobus per epistolam: “Ante omnia, fratres, nolite iurare, neque per coelum, neque per terram, neque aliud qoudcunque iuramentum: sit autem sermo vester, est est, non non, ut non sub iudicio decidatis.” Concinit his et Dominus ac Salvator: Ego autem dico vobis: Nolite iurare omnino, neque per coelum, quia sedes Dei est; neque per terram, quia scabellum pedum ipsius est; neque per Hierosolymam, quia civitas est Regis magni; et ne per caput tuum iuraveris, quia non potes unum capillum album facere aut nigrum: sit autem sermo vester, est est, non non: quod autem his abundantius est, a malo est.” Deo nostro Gloria in saecula. Amen.

The Oath Taken By Boniface (Abp. of Mainz) to Pope Gregory II (30 November 722)

The Oath Taken By Boniface (Abp. of Mainz) to Pope Gregory II (30 November 722)

Source: C. H. Talbot, The Anglo-Saxon Missionaries in Germany, Being the Lives of SS. Willibrord, Boniface, Leoba and Lebuin together with the Hodoepericon of St. Willibald and a selection from the correspondence of St. Boniface, (London and New York: Sheed and Ward, 1954). P. 70-71. Available online at: https://sourcebooks.fordham.edu/basis/boniface-letters.asp

In the name of God and of our Saviour Jesus Christ.

In the sixth year of Leo, by the grace of God crowned emperor, the sixth year of his consulship, the fourth of his son the Emperor Constantine, the sixth indiction.

I, Boniface, by the grace of God bishop, promise to you, blessed Peter, chief of the Apostles, and to your vicar, the blessed Pope Gregory, and to his successors., in the name of the indivisible Trinity, Father, Son and Holy Ghost, and on thy most sacred body, that I will uphold the faith and purity of holy Catholic teaching and will persevere in the unity of the same faith in which beyond a doubt the whole salvation of a Christian lies. I will not agree to anything which is opposed to the unity of the Universal Church, no matter who may try to persuade me, but in all things I will show, as I have said, complete loyalty to you and to the welfare of your Church on which, in the person of your vicar and his successors, the power to bind and loose has been conferred.

Should it come to my notice that some bishops deviate from the teaching of the Fathers I will have no part or lot with them, but as far as in me lies I will correct them, or, if that is impossible, I will report the matter to the Holy See. And if (which God forbid) I should be led astray into any course of action contrary to this my oath, under whatsoever pretext, may I be found guilty at the last judgment and suffer the punishment meted out to Ananias and Sapphira, who dared to defraud you by making a false declaration of their goods.

This text of my oath, I, Boniface, a lowly bishop, have written with my own hand and placed over thy sacred body. I have taken this oath, as prescribed, in the presence of God, my Witness and my judge: I pledge myself to keep it.