29 October 2018

Council of Lerida [524 CE], C. 7

Council of Lerida [524 CE], C. 7


Source: Hefele, K. J. V. "A history of the Christian councils from the original documents" (Vol. 4). Ed.: W.R. Clarke [1895]. pp. 134.

7. If anyone pledges himself by an oath never to become reconciled with his opponent, he must, on account of this sinful oath, be excluded for a year from the communion of the body and blood of the Lord, and he must blot out his fault by alms, prayers, and the severest possible fasting, and endeavour, as soon as possible, to attain to love, “which covers a multitude of sins” (1 Pet. 4:8).

Salerno Chronicle, 70


Salerno Chronicle, 70


Anonymous chronicle of the Principality of Salerno, written between 974-990 CE.

Source: Chronicon Salernitanum (ed. Ulla Westerbergh, Chronicon Salernitanum. A Critical Edition with Studies on Literary and Historical Sources and on Language, Acta Universitatis Stockholmiensis, Studia Latina Stockholmiensia 3, Stockholm/Lund 1956). pp. 67-70.

70. Questionem aliquam de periurio libet me huic ystorie intexere, ut possit quilibet agnosci omnimodo, quam valde sit metuendum spernere iuramentum; atque preclarissimum doctorem episcopum in medium obiciam Augustinum: "Tam magnum peccatum est falsum iurare, ut propter reatum false iuracionis Dominus prohibuerit omnem iuracionem. Cur enim dictum est:
"Non periurabis. Ego autem dico vobis, non iurare omnino, nec per celum, quia thronus Dei est, neque per terram, quia scabellum pedum eius est, nec aliud quodcumque iuramentum; nec per caput tuum, quia non potes facere capillum tuum album aut nigrum; sit autem in ore vestro: Est, est; non, non. Si quid amplius est, a malo est. " Dicit aliquis cum ergo Dominus iuravit, quare dominus Christus suis iurare prohibuit? Dico quare; non est peccatum verum iurare, sed quia grande peccatum est falsum iurare, longe est peccato falsum iurandi qui omnino non iurat.

Dominus ergo qui prohibuit iurare, supra ripam te noluit ambulare, ne pes tuus in angusto labatur, et cadas. Aliquando et nolens homo periurat, cum verum putat esse quod iurat; non est quidem tantum [quantum] peccatum, quantum eius, qui scit falsum esse, et tamen iurat. Herodes infelix, ne Deum offendere periurando, Deum offendit seviendo. Ecce puella petivit capud sancti Iohannis; quid facere debuit Herodes? Consilium illi demus. Si dixerimus: Parce Iohanni! periurium suademus; si dixerimus: Noli periurare! ad scelus implendum provocamus.

Antequam ergo veniatis istud vim incipite, tollite de ore vestro temeritatis iuracionem. Occurrit mihi tale exemplum. Iuravit sanctus David, Nabal occisurum se esse; incautus fudit in oracionem et cepit ire, ut facere quod iuraverat. Occurrit ei Abigail, uxor Nabal, rogavit flexis genibus, flevit amare, sanguinem revocavit. Ecce sanctus David non quidem iratus sanguinem hominis fudit, sed eum falsum iurasse negaret quis poterit? De duobus peccatis elegit minus, sed minus fuit illud, in comparacione peioris. Si quis autem te provocaverit ad iuracionem, ut sibi existimet satisfieri posse, si iuraverit, de illa re quam te putat commisisse, et forsitan facinora maneant in illo mala suspicio, si iuraveris tu, non sic peccas, quomodo ille qui te provocavit. Quicumque homo provocat ad iuracionem et scit eum falsum esse iuraturum, vincit homicidam, quia homicida corpus occidit, ille animam, immoduas, animas, et eius quem iurare provocavit et suam. Scis verum esse quod dicis, falsum esse quod ille dicit, et iurare compellis, et iurat et perit, tu quid invenisti? Immo [quia] et tu peristi, qui de illius morte saciare te voluisti. At illi quid dicam, quod numquam dixi caritati vestre. Fuit hic homo simplex quidam bene fidelis a multis nostris cognitus Tutus Limeni vocatus. Ab illo audivi quod dico. Nescio quis negavit ei, vel quod commendaverat, vel quod ei debebatur, et hominis fidei se commisit; commotus provocavit eum ad iusiurandum. Ille iuravit, iste perdidit, sed isto perdente, ille periit. Dicebat ergo iste Tutus Limeni ipsa nocte exibitum se fuisset ante iudicem (et) in magno impetu atque terrore pervenisset ad presidentem excelsum quendam et ammirabilem virum, cui parebat officium similiter excelsorum, iussum fuisse perturbatum retro revocari, et interrogatum fuisse his verbis: "Quare provocasti hominem ad iuracionem quem sciebas falsum esse iuraturum? " Respondit ille: " Negavit mihi rem meam. " Ipse dixit ei: "Et melius rem tuam quam exigebas perderes quam animam hominis falsa iuracione perimeres. " Prostratus iussus est cedi; cesus est tam graviter, ut in dorso evigilantis vestigia plagarum apparerent. Sed dictum illi, posteaquam emendatus est:
" Parcitur inocencie tue; de cetero cave ne facias. " Fecit ille quoddam magnum peccatum, et emendatus est; sed multo gravius peccatum faciet, qui post istum meum sermonem et exortacionem tale aliquid fecerit. " Nunc que ommisimus iterum retexamus, et de periurio pauca promsisse sufficiat.

28 October 2018

Canons of Hippolytus, 15

Canons of Hippolytus, 15

Written 4th century. The work is largely a redaction of the church order document known as the “Apostolic Tradition.” Canon 15 describes professions/lifestyles which would prevent one from being baptised. This uses a large amount of material from Apostolic Tradition 16, but adds a number of vices, including “one who loves swearing.”

Source: Bradshaw, Paul F., Maxwell E. Johnson, L. Edward Phillips, and Harold W. Attridge. The Apostolic Tradition: A Commentary. Hermeneia. Augsburg Fortress Publishers, 2002. p. 91.

A fornicator or one who lives on the proceeds of fornication, or an effeminate, and especially one who speaks of shameful [things], or an idler, or a profligate, or a magician or an astrologer, or a diviner, or an interpreter of dreams, or a snake charmer, or an agitator who agitates the people, or one who makes phylacteries, or a usurer, or an oppressor, or one who loves the world, or one who loves swearing, that is, oaths, or one who makes reproaches against the people, or one who is a hypocrite, or a slanderer of people, or who decides if the hours and the days are favorable, all these and the like, do not catechize them and baptize them, until they have renounced all occupations of this sort, and three witnesses have testified for them that they really have renounced all these vices, because often a man remains in his passions until his old age, unless he is enabled by a great power. If they are found after baptism in vices of this sort, they are to be excluded from the church until they repent with tears, fasting, and alms.

Apostolic Tradition 16.9-11


Apostolic Tradition 16.9-11


One of what have become to be known as Church Order documents, the so-called Apostolic Tradition, is an anonymous aggregation of older sources, compiled and reworked in a relatively coherent text, in Greek. The text is no longer extant in Greek apart from small fragments, but is found in various translations in Latin, Sahidic, Arabic and Ethiopic. There are noticeable traditions from North Africa, Syria and Rome, and contains little to no internal information with regards to the identity or geographical location of the main redactor/compiler. Thus it is difficult to situate the community of the compiler/redactor. It was probably compiled in the mid-third to mid-fourth century. In the subsequent centuries, it was translated and redacted by each new community using the document, adding/removing/changing material, or completely reworking it into a new document, a phenomenon which has become to be known as “living literature.” This makes the establishment of the “original” text a very difficult, if not futile exercise.

The extant versions we have are as follows: a Latin translation [Verona Palimpsest]; Sahidic; Arabic; two Ethiopic, Book 8 of the Apostolic Constitutions, The Canons of Hippolytus and the Testamentum Domini.

Section 16, within a larger section on catechumens [15-21] contains a list of various professions which are incompatible with the Christian faith. This list is not covered by the few small extant Greek fragments, it is in all translations/versions/derivatives of the text, with the exception of Latin, for which there is a large lacuna [chapters 7-21], however it is heavily modified in various editions. The list is held by some [Stewart-Sykes, Loc. 996] to predate the compilation of the text, to around the mid second century, while others [Hermeneia, p. 87] suggest it may be as late as the mid 4th century that the list becomes recognisable as what we see in the versions extant today.

Within Section 16.9, the profession of soldier is discussed. This is present in all versions/derivatives of the text with the exception of the Latin lacuna. The discussion, in all versions [except that in Apostolic Constitutions 8], takes the form of first looking at the soldier who wishes to become a Christian, and secondly, a Christian/Catechumen who wishes to become a soldier. Two versions of the Apostolic tradition [Sahidic and Ethiopic 2] contain a prohibition of the military oath, [along with potentially the Canons of Hippolytus, which prohibits the taking of “bad word]. This may indicate that the prohibition is “original” to the Apostolic Tradition. In any case, it’s inclusion or removal in various versions throughout the third to fifth centuries is an intriguing facet of the “living literature” of church order documents, and the tradition history of opposition to the military oath by Christian sources. Translations of the relevant versions are shown below.

Apostolic Tradition 16.9 [Sahidic]
Apostolic Tradition 16.9 [Arabic]
Apostolic Tradition [Ethiopic 1]
Apostolic Tradition [Ethiopic 2]
Apostolic Constitutions 8.32 [4th Century]
Canons of Hippolytus, 13-14 [4th Century]
Testamentum Domini 2.2 [4th-5th century]
[Based on Greek Text]
[Based on Sahidic Translation]
[Translation made from a no-longer extant Arabic Translation]
[Based on Greek Text]
[Based on Greek text of Apostolic Traditions]
[Extant only in Arabic, through Sahidic, which was based on a Greek text]
[Based on Greek text. Extant in Syriac which was based on a Greek text. Also extant in Arabic and Ethiopic, through Sahidic, which was based on a Greek text]
Hermeneia, p. 88-90
Hermeneia, p. 88-90
Hermeneia, p. 88-90
Bausi, p. 39
Hermeneia, p. 90
Hermeneia, p. 91
Hermeneia, p. 91
9. A soldier who has authority let him not kill a man. If he is ordered, let him not go to the task nor let him swear. But if he is not willing, let him be cast out.
9. A soldier in the sovereign's army should not kill, or if he is ordered to kill, he should refuse, if he stops, so be it; otherwise he should be   excluded.
9. They are not to accept soldiers of an official, and if he is given an order to kill, he is not to do it, and if he does not stop, he is to be expelled.
9. Un soldato che si trovi in una qualsiasi autorità, non uccida; e anche se gli è stato ordinato, non immoli, non giuri e non si ponga serti sulla testa.
Let a soldier who comes be taught to do no injustice or to extort money, but to be content with his given wages. Let the one who objects be rejected.
[13] Whoever has received the authority to kill, or else a soldier, they are not to kill in any case, even if they receive the order to kill. They are not to pronounce a bad word.
[2.2] If anyone be a soldier or in authority, let him be taught not to oppress or to kill or to rob, or to be angry or to rage and afflict anyone. But let those rations suffice him that are given to him. But if they wish to be baptized in the Lord, let them cease from military service or from the [post of] authority, and if not let them not be received.
10. One who has authority of the sword, or a ruler of a city who wears the purple, either let him cease or be cast out.
10. One who has the power of the sword or the head of a city and wears red, let him stop or be excluded.
10. An official who has a sword or a chief of appointed people and who wears purple is to stop or be expelled.
10. Chi esegue condanne di spada, o il governatore di una città o un porporato, cessi, o altrimenti venga espulso.
[Not present]
[13] Those who have received an honor are not to wear wreaths on their heads. Whosoever is raised to the authority of prefect or the magistracy and does not put on the righteousness of the gospel is to be excluded from the flock and the bishop is not to pray with him.
[Not present]
11. A catechumen or faithful [person] if he wishes to become a soldier, let them be cast out because they despised God
11. A catechumen or a believer, if they want to be soldiers, let them be excluded because they distance themselves from God.
11. A catechumen or believer, if they wish to become a soldier, are to be expelled because they are far from God.
11. Il catecumeno o il cristiano adulto, se desidera essere arruolato, venga espulso, perché ha fatto un torto al Signore.
[Not present]
[14] A Christian must not become a soldier, unless he is compelled by a chief bearing the sword. He is not to burden himself with the sin of blood. But if he has shed blood, he is not to partake of the mysteries, unless he is purified by a punishment, tears, and wailing. He is not to come forward deceitfully but in the fear of God.
[2.2] Let a catechumen or a believer of the people, if he desires to be a soldier, either cease from his intention, or if not let him be rejected. For he has despised God by his thought, and leaving the things of the Spirit, he has perfected himself in the flesh, and has treated the faith with contempt.

References

  • Bausi, Alessandro. "La “nuova” versione etiopica della Traditio apostolica: edizione e traduzione preliminare." (2011): 19-69.
  • Bradshaw, Paul F., Maxwell E. Johnson, L. Edward Phillips, and Harold W. Attridge. The Apostolic Tradition: A Commentary. Hermeneia. Augsburg Fortress Publishers, 2002.
  • Stewart-Sykes, Alistair, ed. On the apostolic tradition. No. 22. RSM Press, 2001. [Kindle Edition]

Catechism of Trent III.2 The Second Commandment


Catechism of Trent III.2 The Second Commandment

Published in 1566 CE.

Source: Catechism of the Council of Trent, III.2, p. 382-395. Trans: J.A. McHugh & C.J. Callan. Joseph F. Wagner, Inc.: New York, 1923 [10th Printing, 1947]

THE SECOND COMMANDMENT: "Thou shalt not take the name of the lord thy god in vain"

Why This Commandment Is Distinct From The First

The second Commandment of the divine law is necessarily comprised in the first, which commands us to worship God in piety and holiness. For he who requires that honour be paid him, also requires that he be spoken of with reverence, and must forbid the contrary, as is clearly shown by these words of the Lord in Malachy: The son honoureth the father and the servant his master if then I be a father, where is my honour?
However, on account of the importance of the obligation, God wished to make the law, which commands His own divine and most holy name to be honoured, a distinct Commandment, expressed in the clearest and simplest terms.

Importance Of Instruction On This Commandment

The above observation should strongly convince the pastor that on this point it is not enough to speak in general terms; that the importance of the subject is such as to require it to be dwelt upon at considerable length, and to be explained to the faithful in all its bearings with distinctness, clearness and accuracy.
This diligence cannot be deemed superfluous, since there are not wanting those who are so blinded by the darkness of error as not to dread to blaspheme His name, whom the Angels glorify. Men are not deterred by the Commandment laid down from shamelessly and daringly outraging His divine Majesty every day, or rather every hour and moment of the day. Who is ignorant that every assertion is accompanied with an oath and teems with curses and imprecations? To such lengths has this impiety been carried, that there is scarcely anyone who buys, or sells, or transacts business of any sort, without having recourse to swearing, and who, even in matters the most unimportant and trivial, does not profane the most holy name of God thousands of times.
It therefore becomes more imperative on the pastor not to neglect, carefully and frequently, to admonish the faithful how grievous and detestable is this crime.

Positive Part of this Commandment

But in the exposition of this Commandment it should first be shown that besides a negative, it also contains a positive precept, commanding the performance of a duty. To each of these a separate explanation should be given; and for the sake of easier exposition what the Commandment requires should be first set forth, and then what it forbids. It commands us to honour the name of God, and to swear by it with reverence It prohibits us to condemn the divine name, to take it in vain, or swear by it falsely, unnecessarily or rashly.
In the part which commands us to honour the name of God, the command, as the pastor should show the faithful, is not directed to the letters or syllables of which that name is composed, or in any respect to the mere name; but to the meaning of a word used to express the Omnipotent and Eternal Majesty of the Godhead, Trinity in Unity. Hence we easily infer the superstition of those among the Jews who, while they hesitated not to write, dared not to pronounce the name of God, as if the divine power consisted in the four letters, and not in the signification.
Although this Commandment uses the singular number, Thou shalt not take the name of God, this is not to be understood to refer to any one name, but to every name by which God is generally designated. For He is called by many names, such as the Lord, the Almighty, the Lord of hosts, the King of kings, the Strong, and by others of similar nature, which we meet in Scripture and which are all entitled to the same and equal veneration.

Various Ways Of Honouring God's Name

It should next be taught how due honour is to be given to the name of God Christians, whose tongues should constantly celebrate the divine praises, are not to be ignorant of a matter so important, indeed, most necessary to salvation The name of God may be honoured in a variety of ways; but all may be reduced to those that follow.

Public Profession Of Faith

In the first place, God's name is honoured when we publicly and confidently confess Him to be our Lord and our God; and when we acknowledge and also proclaim Christ to be the author of our salvation.

Respect For The Word Of God

(It is also honoured) when we pay a religious attention to the word of God, which announces to us His will; make it the subject of our constant meditation; and strive by reading or hearing it, according to our respective capacities and conditions of life, to become acquainted with it.

Praise And Thanksgiving

Again, we honour and venerate the name of God, when, from a sense of religious duty, we celebrate His praises, and under all circumstances, whether prosperous or adverse, return Him unbounded thanks. Thus spoke the Prophet Bless the Lord, O my soul, and never forget all he hath done for thee. Among the Psalms of David there are many, in which, animated with singular piety towards God, he chants in sweetest strains the divine praises. There is also the example of the admirable patience of Job, who, when visited with the heaviest and most appalling calamities, never ceased, with lofty and unconquered soul, to give praise to God. When, therefore, we labour under affliction of mind or body, when oppressed by misery and misfortune, let us instantly direct all our thoughts, and all the powers of our souls, to the praises of God, saying with Job Blessed be the name of the Lord.

Prayer

The name of God is not less honoured when we confidently invoke His assistance, either to relieve us from our afflictions, or to give us constancy and strength to endure them with fortitude. This is in accordance with the Lord's own wishes. Call upon me, He says, in the day of trouble: I will deliver thee, and thou shalt glorify me. We have illustrious examples of such supplications in many passages of Scripture, and especially in the sixteenth, forty­third, and one hundred and eighteenth Psalms.

Oaths

Finally, we honour the name of God when we solemnly call upon Him to witness the truth of what we assert. This mode of honouring God's name differs much from those already­ enumerated. Those means are in their own nature so good, so desirable, that our days and nights could not be more happily or more holily spent than in such practices of piety. I will bless the Lord at all times, says David, his praise shall be always in my mouth. On the other hand, although oaths are in themselves good, their frequent use is by no means praiseworthy.
The reason of this difference is that oaths have been instituted only as remedies to human frailty, and a necessary means of establishing the truth of what we assert. As it is inexpedient to have recourse to medicine unless, when it becomes necessary, and as its frequent use is harmful; so with regard to oaths, it is not profitable to have recourse to them, unless there is a weighty and just cause; and frequent recurrence to them, far from being advantageous, is on the contrary highly prejudicial. Hence the excellent observation of St Chrysostom: Oaths were introduced among men, not at the beginning of the world, but long after; when vice had spread far and wide over the earth; when all things were disturbed and universal confusion reigned out; when, to complete human depravity, almost all mankind debased the dignity of their nature by the degrading service of idols. Then at length it was that the custom of oaths was introduced. For the perfidy and wickedness of men was so great that it was with difficulty that anyone could be induced to credit the assertion of another, and they began to call on God as a witness.

Meaning Of An Oath

Since in explaining this part of the Commandment the chief object is to teach the faithful how to render an oath reverential and holy, it is first to be observed, that to swear, whatever the form of words may be, is nothing else than to call God to witness; thus to say, God is witness, and By God, mean one and the same thing.
To swear by creatures, such as the holy Gospels, the cross, the names or relics of the Saints, and so on, in order to prove our statements, is also to take an oath. Of themselves, it is true, such objects give no weight or authority to an oath; it is God Himself who does this, whose divine majesty shines forth in them Hence to swear by the Gospel is to swear by God Himself, whose truth is contained and revealed in the Gospel (This holds equally true with regard to those who swear) by the Saints, who are the temples of God, who believed the truth of His Gospel, were faithful in its observance, and spread it far and wide among the nations and peoples.
This is also true of oaths uttered by way of execration, such as that of St Paul: I call God to witness upon my soul. By this form of oath one submits himself to God's judgment, who is the avenger of falsehood. We do not, however, deny that some of these forms may be used without constituting an oath; but even in such cases it will be found useful to observe what has been said with regard to an oath, and to conform exactly to the same rule and standard.

Oaths Are Affirmatory And Promissory

Oaths are of two kinds. The first is an affirmatory oath, and is taken when we religiously affirm anything, past or present. Such was the affirmation of the Apostle in his Epistle to the Galatians: Behold, before God, I lie not. The second kind, to which comminations may be reduced, is called promissory. It looks to the future, and is taken when we promise and affirm for certain that such or such a thing will be done. Such was the oath of David, who, swearing by the Lord his God, promised to Bethsabee his wife that her son Solomon should be heir to his kingdom and successor to his throne.

Conditions Of A Lawful Oath

Although to constitute an oath it is sufficient to call God to witness, yet to constitute a holy and just oath many other conditions are required, which should be carefully explained. These, as St Jerome observes, are briefly enumerated in the words of Jeremias: Thou shalt swear: as the Lord liveth, in truth and in judgment and in justice, words which briefly sum up all the conditions that constitute the perfection of an oath, namely, truth, judgment, justice.

First Condition: Truth

Truth, then, holds the first place in an oath. What is asserted must be true and he who swears must believe what he swears to be true, being influenced not by rash judgment or mere conjecture, but by solid reasons.
Truth is a condition not less necessary in a promissory than in an affirmatory oath. He who promises must be disposed to perform and fulfil his promise at the appointed time. As no conscientious man will promise to do what he considers opposed to the most holy Commandments and will of God; so, having promised and sworn to do what is lawful, he will never fail to adhere to his engagement, unless, perhaps by a change of circumstances it should happen that, if he wished to keep faith and observe his promises, he must incur the displeasure and enmity of God. That truth is necessary to an oath David also declares in these words: He that sweareth to his neighbour, and deceiveth not.

Second Condition: Judgment

The second condition of an oath is judgment. An oath is not to be taken rashly and inconsiderately, but after deliberation and reflection. When about to take an oath, therefore, one should first consider whether he is obliged to take it, and should weigh well the whole case, reflecting whether it seems to call for an oath. Many other circumstances of time, place, etc., are also to be taken into consideration; and one should not be influenced by love or hatred, or any other passion, but by the nature and necessity of the case.
Unless this careful consideration and reflection precede, an oath must be rash and hasty; and of this character are the irreligious affirmations of those, who, on the most unimportant and trifling occasions, swear without thought or reason from the influence of bad habit alone. This we see practiced daily everywhere among buyers and sellers. The latter, to sell at the highest price, the former to purchase at the cheapest rate, make no scruple to strengthen with an oath their praise or dispraise of the goods on sale.
Since, therefore, judgment and prudence are necessary, and since children are not able, on account of their tender years, to understand and judge accurately, Pope St. Cornelius decreed that an oath should not be administered to children before puberty, that is, before their fourteenth year.

Third Condition: Justice

The last condition (of an oath) is justice, which is especially requisite in promissory oaths. Hence, if a person swear to do what is unjust or unlawful, he sins by taking the oath, and adds sin to sin by executing his promise. Of this the Gospel supplies an example. King Herod, bound by a rash oath, gave to a dancing girl the head of John the Baptist as a reward for her dancing. Such was also the oath taken by the Jews, who, as we read in the Acts of the Apostles, bound themselves by oath not to eat, until they had killed Paul.

Lawfulness Of Oaths

These explanations having been given, there can be no doubt that they who observe the above conditions and who guard their oaths with these qualities as with bulwarks, may swear with a safe conscience.
This is easily established by many proofs. For the law of God, which is pure and holy, commands: Thou shalt fear the Lord thy God, and shalt serve him only, and thou shalt swear by his name. All they, writes David, shall be praised that swear by him.
The Scriptures also inform us that the most holy Apostles, the lights of the Church, sometimes made use of oaths, as appears from the Epistles of the Apostle.
Even the Angels sometimes swear. The angel, writes St. John in the Apocalypse, swore by him who lives for ever.
Nay, God Himself, the Lord of Angels, swears, and, as we read in many passages of the Old Testament, has confirmed His. promises with an oath. This He did to Abraham and to David. Of the oath sworn by God David says: The Lord hath sworn, and he will not repent: thou art a priest for ever according to the order of Melchisedech.
In fact, if we consider the whole matter attentively, and examine the origin and purpose of an oath, it can be no difficult matter to explain the reasons why it is a laudable act.
An oath has its origin in faith, by which men believe God to be the author of all truth, who can never deceive others nor be deceived, to whose eyes all things are naked and open, who, in fine, superintends all human affairs with an admirable providence, and governs the world. Filled with this faith we appeal to God as a witness of the truth, as a witness whom it would be wicked and impious to distrust.
With regard to the end of an oath, its scope and intent is to establish the justice and innocence of man, and to terminate disputes and contests. This is the doctrine of the Apostle in his Epistle to the Hebrews.

An Objection Against Oaths

Nor does this doctrine at all clash with these words of the Redeemer, recorded in St. Matthew: You have heard that it was said to them of old: "Thou shalt not foreswear thyself, but thou shalt perform thy oaths to the Lord"; but I say to you not to swear at all; neither by heaven, for it is the throne of God; neither by the earth, for it is his footstool; nor by Jerusalem, for it is the city of the great king; neither shalt thou swear by thy head, because thou canst not make one hair white or black. But let your speech be "yea, yea"; "no, no"; and that which is over and above these is of evil.
It cannot be asserted that these words condemn oaths universally and under all circumstances, since we have already seen that the Apostles and our Lord Himself made frequent use of them. The object of our Lord was rather to reprove the perverse opinion of the Jews, who had persuaded themselves that the only thing to be avoided in an oath was a lie. Hence in matters the most trivial and unimportant they did not hesitate to make frequent use of oaths, and to exact them from others. This practice the Redeemer condemns and reprobates, and teaches that an oath is never to be taken unless necessity require it. For oaths have been instituted on account of human frailty. They are really the outcome of evil, being a sign either of the inconstancy of him who takes them, or of the obstinacy of him who refuses to believe without them. However, an oath can be justified by necessity.
When our Lord says: Let your speech be "yea, yea"; "no, no," He evidently forbids the habit of swearing in familiar conversation and on trivial matters. He therefore admonishes us particularly against being too ready and willing to swear; and this should be carefully explained and impressed on the minds of the faithful. That countless evils grow out of the unrestrained habit of swearing is proved by the evidence of Scripture, and the testimony of the most holy Fathers. Thus we read in Ecclesiasticus: Let not thy mouth be accustomed to swearing, for in it there are many falls; and again: A man that sweareth much shall be filled with iniquity, and a scourge shall not depart from his house. In the works of St. Basil and St. Augustine against lying, much more can be found on this subject.

Negative Part of this Commandment

So far we have considered what this Commandment requires. It now remains to speak of what it prohibits; namely, to take the name of God in vain. It is clear that he who swears rashly and without deliberation commits a grave sin. That this is a most serious sin is declared by the words: Thou shalt not take the name of thy God in vain, which seem to assign the reason why this crime is so wicked and heinous; namely, that it derogates from the majesty of Him whom we profess to recognise as our Lord and our God. This Commandment, therefore, forbids to swear falsely, because he who does not shrink from so great a crime as to appeal to God to witness falsehood, offers a grievous Injury to God, charging Him either with ignorance, as though the truth of any matter could be unknown to Him, or with malice and dishonesty, as though God could bear testimony to falsehood.

Various Ways In Which God's Name Is Dishonoured: False Oaths

Among false swearers are to be numbered not only those who affirm as true what they know to be false, but also those who swear to what is really true, believing it to be false. For since the essence of a lie consists in speaking contrary to one's belief and conviction, these persons are evidently guilty of a lie, and of perjury.
On the same principle, he who swears to that which he thinks to be true, but which is really false, also incurs the guilt of perjury, unless he has used proper care and diligence to arrive at a full knowledge of the matter. Although he swears according to his belief, he nevertheless sins against this Commandment.
Again, he who binds himself by oath to the performance of anything, not intending to fulfil his promise, or, having had the intention, neglect its performance, guilty of the same sin. This equally applies to those who, having bound themselves to God by vow, neglect its fulfilment.

Unjust Oaths

This Commandment is also violated, if justice, which is one of the three conditions of an oath, be wanting. Hence he who swears to commit a mortal sin, for example, to perpetrate murder, violates this Commandment, even though he speak seriously and from his heart, and his oath possess what we before pointed out as the first condition of every oath, that is, truth.
To these are to be added oaths sworn through a sort of contempt, such as an oath not to observe the Evangelical counsels, such as celibacy and poverty. None, it is true, are obliged to embrace these divine counsels, but by swearing not to observe them, one contemns and despises them.

Rash Oaths

This Commandment is also sinned against, and judgment is violated when one swears to what is true and what he believes to be true if his motives are light conjectures and far­fetched reasons. For, notwithstanding its truth, such an oath is not unmixed with a sort of falsehood, seeing that he who swears with such indifference exposes himself to extreme danger of perjury.

Oaths By False Gods

To swear by false gods is likewise to swear falsely. What more opposed to truth than to appeal to lying and false deities as to the true God?

Irreverent Speech

Scripture when it prohibits perjury, says: Thou shalt not profane the name of thy God, thereby forbidding all irreverence towards all other things to which, in accordance with this Commandment, reverence is due. Of this nature is the Word of God, the majesty of which has been revered not only by the pious, but also sometimes by the impious, as is narrated in Judges of Eglon, King of the Moabites.
But he who, to support heresy and the teaching of the wicked. distorts the Sacred Scriptures from their genuine and true meaning, is guilty of the greatest injury to the Word of God; and against this crime we are warned by these words of the Prince of the Apostles: There are certain things hard to be understood. which the unlearned and unstable wrest, as they do also the other Scriptures, to their own destruction.
It is also a foul and shameful contamination of the Scripture, that wicked men pervert the words and sentences which it contains, and which should be honoured with all reverence, turning them to profane purposes, such as scurrility, fable, vanity, flattery, detraction, divination, satire and the like ­­ crimes which the Council of Trent commands to be severely punished.

Neglect Of Prayer

In the next place, as they honour God who, in their affliction implore His help, so they, who do not invoke His aid, deny Him due honour; and these David rebukes when he says: They have not called upon the Lord, they trembled for fear where there was no fear.

Blasphemy

Still more enormous is the guilt of those who, with impure and defiled lips, dare to curse or blaspheme the holy name of God­that name which is to be blessed and praised above measure by all creatures, or even the names of the Saints who reign with Him in glory.' So atrocious and horrible is this crime that the Sacred Scriptures, sometimes when speaking of blasphemy use the word blessing.

Sanction of this Commandment

As, however, the dread of punishment has often a powerful effect in checking the tendency to sin, the pastor, in order the more effectively to move the minds of men and the more easily to induce to an observance of this Commandment, should diligently explain the remaining words, which are, as it were, its appendix: For the Lord will not hold him guiltless that shall take the name of the Lord his God in vain.
In the first place (the pastor) should teach that with very good reason has God joined threats to this Commandment. From this is understood both the grievousness of sin and the goodness of God toward us, since far from rejoicing in man's destruction, He deters us by these salutary threats from incurring His anger, doubtless in order that we may experience His kindness rather than His wrath. The pastor should urge and insist on this consideration with greatest earnestness. in order that the faithful may be made sensible of the grievousness of the crime, may detest it still more, and may employ increased care and caution to avoid its commission.
He should also observe how prone men are to this sin, since it was not sufficient to give the command, but also necessary to accompany it with threats. The advantages to be derived from this thought are indeed incredible; for as nothing is more injurious than a listless security, so the knowledge of our own weakness is most profitable.
He should next show that God has appointed no particular punishment. The threat is general; it declares that whoever is guilty of this crime shall not escape unpunished. The various chastisements, therefore, with which we are every day visited, should warn us against this sin. It is easy to conjecture that men are afflicted with heavy calamities because they violate this Commandment; and if these things are called to their attention, it is likely that they will be more careful for the future.
Deterred, therefore, by a holy dread, the faithful should use every exertion to avoid this sin. If for every idle word that men shall speak, they shall render an account on the day of judgment, what shall we say of those heinous crimes which involve great contempt of the divine name?

Bernard Gui, Excerpts from the Inquisitors Manual, on Swearing

Bernard Gui, Excerpts from the Inquisitors Manual, on Swearing

Written early 14th century.

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On the Beguins, regarding Swearing

Source: Trans.: David Burr. Available @: https://sourcebooks.fordham.edu/source/bernardgui-inq.asp

Teaching or instruction on dealing with the cunning and malice of those who, when required to confess the truth in judicial process, do not wish to do so.

Since, however, many beguins - those who call themselves poor brothers of penitence and of the third order of Saint Francis - want to cover up and conceal their errors with sly cunning, they refuse to swear that they will tell the truth concerning themselves and their accomplices, living or dead, even though such is customary and in fact legally required. Some swear, but want to do so, not simply and absolutely, but under protest, conditionally and with certain expressed reservations, namely that they do not intend to swear or obligate themselves through oath to say anything which will offend God or result in injury or harm to their neighbors. They say, however, that it offends God when the Roman church, its leaders and its inquisitors persecute, damn and condemn the beguins, their sect, since they, as they claim, observe and defend the life of Christ and evangelical poverty. (That is, they observe it as they understand and exposit it, and that understanding is clear from what has been said above.) Again, they say it would offend God if they were to abjure those beliefs which we inquisitors and church leaders judge to be erroneous and to contain heresy, for they say they are not such, but are instead in accordance with evangelical truth. Thus they call good bad and bad good, turning light into darkness and darkness into light.

Again, they say they believe it would cause their neighbors harm and injury if they reveal their accomplices and fellow believers to the inquisitors, for that would lead to their neighbors suffering persecution by the inquisition and sustaining harm. Like a people blinded, they fail to see that it does not offend God when error is revealed and truth discovered, or when one on the crooked path of error is brought back to the straight path of truth and abjures that error. Nor do they see that, rather than harming their neighbors, it benefits them when the erring are led back to the way and light of truth, lest they be further corrupted and lest, by their pestilential contagion, they lead many others astray, like blind leaders dragging them into the ditch.

Thus, in order to oppose their malice and cunning, care should be taken during judicial proceedings that they be forced to swear simply and absolutely, without any conditions or reservations, that they will tell the whole truth and nothing but the truth concerning themselves, their accomplices, believers, benefactors, receivers and defenders, according to the inquisitior's interpretation, without artifice or deceit, whether they are confessing about themselves or others, whether they are responding to questions or offering affirmations or denials, throughout the entire inquiry. Otherwise they will commit perjury and incur its penalty.

And thus one should be cautious lest they take the oath under condition, with reservation, or under protest; and it should be explained to them that it is not an offense against God, nor is God offended as they believe and say, when in judicial process truth is sought while error and heresy is uncovered. And in all this the judgment of the inquisitor, not their false opinion, must determine what is to be done. Again, it should be made plain to them that their neighbors will not be harmed, nor will they suffer any damage or injury as they say, for it redounds to their good and to the salvation of their souls when those who are infected and implicated in error are detected so that they can be corrected and converted from error to the way of truth, lest they become more corrupted themselves and infect or corrupt others with their error.

If, however, they pertinaciously refuse to swear except with the preceding condition and reservation - refuse, that is, when they are ordered by the court to swear precisely that they will tell the whole truth and nothing but the truth - then, once their have been admonished according to canonical procedure, a written sentence of excommunication should be pronounced against the one who, required to swear, has refused, unless that person takes the oath immediately or at least within the time which the presiding judge, through kindness or equity, may have set (even though when ordered to swear precisely and simply he legally be required to comply immediately, without any delay). The sentence of excommunication, once composed, written and promulgated, should be inserted in the process.

If someone incurs a sentence of excommunication and pertinaciously endures it for several days with his heart hardened, then he should be called back into judgment and asked if he considers himself to be excommunicated. If he replies that he does not consider himself excommunicated, nor does he consider himself bound by the sentence, then it will be evident that by that very fact he holds the keys of the church in contempt, and that is one article of error and heresy. Anyone persevering in it is to be considered a heretic. Thus this response should be inserted in the process, and the person should be proceeded against as the law requires. He should be admonished that he should retreat from the aforesaid error and abjure it or else from that moment on he will be judged a heretic, condemned as such, and as such will be handed over to the judgment of a secular court.

It should be noted, however, that to prove his malice, so that his error should appear more clearly and the process against him be justified, another, new sentence of excommunication may be leveled against him in writing, as against one who is contumacious in a matter of faith. He is to be considered such because one who pertinaciously refuses to swear simply and precisely that he will respond concerning those things which pertain to the faith, and who pertinaciously refuses to abjure clear error and heresy, is shown to be practicing evasion no less contumaciously than would be the case if, cited in other circumstances, he stayed away entirely. Once the sentence is leveled against him he should be informed, and the notice should be in writing. If the person, having been excommunicated in a matter of faith, remains so with heart hardened for over a year, then by law he can and should be condemned as a heretic.

Moreover, witnesses - if they are any - can be heard against such an individual. He himself can be constrained in various ways including limitation of food and being held in chains. He can even, on the recommendation of qualified persons, be put to the question in order to get at the truth, as the nature of the business at hand and the condition of the person may require.

The form of the first sentence can be as follows.

Since you, So-and-So of Such-and-Such-a-Place, were arrested or cited as suspect, reported denounced accused of holding the errors and erroneous opinions of the Beguins, who call themselves poor brothers of the third order of Saint Francis - errors which they hold and teach contrary to right faith, the state of the holy Roman and universal church, and apostolic authority - and you have been brought before us, So-and-So the inquisitor, then required and admonished by us several times according to legal form to swear that you will tell the whole truth and nothing but the truth both concerning yourself and concerning your accomplices, believers and benefactors, alive and dead, as it relates to the matter of heresy and especially the errors and erroneous opinions of certain beguins who extoll themselves in opposition to the faith, the Roman church, the apostolic seat and the power of the pope and other leaders of the Roman church, and you refuse to swear simply and absolutely, but will only do so with certain conditions, reservations and under protest - conditions, reservations and protests which are entirely foreign to law and reason - I the aforesaid inquisitor So-and-So order and admonish you once, twice and thrice, according to legal form, under pain of excommunication, to swear before us on the gospel of God in judicial process, simply and absolutely, without condition or reservation contrary to law and reason, to tell the whole truth and nothing but the truth concerning yourself and your accomplices, believers, benefactors and defenders, living or dead. Acting as a witness, tell whatever you know, knew, saw, believe or believed concerning heresy, and especially concerning the errors and erroneous or schismatic opinions held by you and other beguins of the third order of Saint Francis, and concerning anything else pertaining to the matter of heretical depravity. And out of mercy and grace I give you as a first term from this hour until the sixth hour of this same day, and as a second term from the sixth hour until the ninth, and as a third and final term from the ninth hour until vespers, or until completorium of this day. And unless by that final time you swear in the manner indicated, the legally required admonitions having been delivered, by the apostolic authority I bear through the office of inquisition by this same written document I excommunicate you and pass sentence of excommunication upon you, and I offer a copy of it to you should you wish to have it and request it. This sentence was given in such-a-year, on such-a-day, and in such- a-place, with the following people present, etc.

The form of the other sentence of excommunication against one who is contumacious could be as follows:

We, the inquisitor So-and-So, by the apostolic authority we bear by virtue of the office of inquisition concerning heretical depravity, order and admonish once, twice and thrice according to legal form, that you, so-and-so from such-and-such-a-place, swear simply and precisely to tell the whole truth and nothing but the truth about yourself and your accomplices regarding the errors and erroneous opinions of the beguins of the third order, and regarding certain other things touching the faith and relevant to the office of the inquisitor of heretical depravity; again, that you humbly request the benefit of absolution from the sentence of excommunication laid on you by us in writing, which you have incurred which binds you still; and that you return unity with the church, acknowledge your error and abjure all heresy in our presence, so that, having sworn to observe the mandates of the church and our demands, you may deserve to be reconciled with the unity of the church. And we cite you to appear and do all this on the third day from this present one, assigning you the first day as a first term, the second as a second, and the third as the third and last. After that point you will respond concerning the faith and those things of which you are suspected, denounced, accused, telling the whole truth in judicial process about whatever you have done or know others to have done against the faith. Otherwise, if you have failed by completorium of that day to do each and every one of the aforementioned things, all of which you are legally required to do, by the apostolic authority held by us through the office of inquisition, we lay on you the bond of excommunication as one contumacious in matters of faith, because you are evasive and contemptuously refuse to be obedient in these things, and we declare to you that, if you pertinaciously endure this excommunication for a year, we will proceed against you as a heretic. And we offer to you a copy of the excommunication now be placed upon you, should you wish to have it and request it from us. This sentence was given in such-a-year, on such-a- day, and in such-a-place, with the following people present, etc.

Advice concerning the guile and deceit of those who, not wanting to reply clearly and lucidly, do so ambiguously and obscurely.

There are some malicious and crafty people among the beguins who, in order to veil the truth, shield their accomplices and prevent their error and falsity from being discovered, respond so ambiguously, obscurely, generally and confusingly to questions that the clear truth cannot be gathered from their replies. Thus, asked what they believe about some statement or statements proposed to them, they reply, "I believe about this what the holy church of God believes," and they do not wish to speak more explicitly or respond in any other way. In this case, to exclude the ruse they use (or rather abuse) in referring in this way to the church of God, they should diligently, subtly and perspicaciously be asked what they mean by "the church of God," whether they mean the church of God as they understand it; for, as is clear from the errors presented above, they use the phrase "church of God" misleadingly. For they say they themselves and their accomplices are the church of God or are of the church of God. But those who believe differently than they and persecute them they do not consider to be the church of God or part of it.

In such matters industry and skill is necessary on the inquisitor's part. Moreover, such people should be forced or compelled to respond clearly and explicitly concerning what has heretofore been said generally, equivocally or confusingly, through sentence of excommunication, as is described in the preceding section.

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Inquisitorial technique Regarding Swearing

Source: Trans.: H. C. Lea. Available @: https://sourcebooks.fordham.edu/source/heresy2.asp

I. Will you then swear that you have never learned anything contrary to the faith which we hold to be true?

A. (Growing pale) If I ought to swear, I will willingly swear.

I. I don't ask whether you ought, but whether you will swear.

A. If you order me to swear, I will swear.

I. I don't force you to swear, because as you believe oaths to be unlawful, you will transfer the sin to me who forced you; but if you will swear, I will hear it.

A. Why should I swear if you do not order me to?

I. So that you may remove the suspicion of being a heretic.

A. Sir, I do not know how unless you teach me.

I. If I had to swear, I would raise my hand and spread my fingers and say, "So help me God, I have never learned heresy or believed what is contrary to the true faith."

Then trembling as if he cannot repeat the form, he will stumble along as though speaking for himself or for another, so that there is not an absolute form of oath and yet he may be thought to have sworn. If the words are there, they are so turned around that he does not swear and yet appears to have sworn. Or he converts the oath into a form of prayer, as "God help me that I am not a heretic or the like"; and when asked whether he had sworn, he will say: "Did you not hear me swear?" [And when further hard pressed he will appeal, saying] "Sir, if I have done amiss in aught, I will willingly bear the penance, only help me to avoid the infamy of which I am accused though malice and without fault of mine." But a vigorous inquisitor must not allow himself to be worked upon in this way, but proceed firmly till he make these people confess their error, or at least publicly abjure heresy, so that if they are subsequently found to have sworn falsely, he can without further hearing, abandon them to the secular arm".