Constantine I, Edict on Court Testimony, from 334 CE

Constantine I, Edict on Court Testimony, from 334 CE

The text suggests a prior edict of a similar nature given by Constantine, but this is now lost. The edict is preserved in the following codes:

• Theodosian Code, 11.39.3
• Breviary of Alaric II: 2.14.2
• Code of Justinian 4.20.9

Source: Pharr, C., Davidson, T. S., & Pharr, M. B. (Eds.). (2001 reprint) [1952]. The Theodosian code and novels, and the Sirmondian constitutions (Vol. 1). The Lawbook Exchange, Ltd. p. 340

“We have previously commanded that, before they give their testimony, witnesses shall be bound by the sanctity of an oath, and that greater trust shall be placed in witnesses of more honourable status.

In a similar manner, we sanctioned that no judge should easily allow the testimony of only one person to be admitted in any case whatever. We now manifestly sanction that the testimony of only one witness shall not be heard at all, even though such witness should be resplendent with the honour of the glorious Senate”. 

Oaths and Adjurations in the Pauline Corpus

Oaths and Adjurations in the Pauline Corpus

The following passages are suggested as oath/adjuration formulas in the Pauline Corpus by various scholars: 1 Cor 15:31; 2 Cor 1:23; 2 Cor 11:31; 1 Thess. 2:5,10; Gal 1:20; Rom 1:9; Rom 9:1; Phil 1:8; 1 Thess. 5:27 (adjuration); 1 Tim. 2:7 (variant). All date from the first 1st century, with perhaps the exception of 1 Tim, which may be from the 2nd Century.

Source: NRSV/ SBLGNT

1 Cor. 15:31
I die every day! That is as certain, brothers and sisters, as my boasting of you—a boast that I make in Christ Jesus our Lord.	καθ’ ἡμέραν ἀποθνῄσκω, νὴ τὴν ὑμετέραν καύχησιν, ἣν ἔχω ἐν Χριστῷ Ἰησοῦ τῷ κυρίῳ ἡμῶν.

 

2 Cor. 1:23
But I call on God as witness against me: it was to spare you that I did not come again to Corinth.	Ἐγὼ δὲ μάρτυρα τὸν θεὸν ἐπικαλοῦμαι ἐπὶ τὴν ἐμὴν ψυχήν, ὅτι φειδόμενος ὑμῶν οὐκέτι ἦλθον εἰς Κόρινθον.

 

2 Cor. 11:31
The God and Father of the Lord Jesus (blessed be he forever!) knows that I do not lie.	ὁ θεὸς καὶ πατὴρ τοῦ κυρίου Ἰησοῦ οἶδεν, ὁ ὢν εὐλογητὸς εἰς τοὺς αἰῶνας, ὅτι οὐ ψεύδομαι.

 

1 Thess. 2:5,10
As you know and as God is our witness, we never came with words of flattery or with a pretext for greed; […] You are witnesses, and God also, how pure, upright, and blameless our conduct was toward you believers.	οὔτε γάρ ποτε ἐν λόγῳ κολακείας ἐγενήθημεν, καθὼς οἴδατε, οὔτε [a]ἐν προφάσει πλεονεξίας, θεὸς μάρτυς, […] ὑμεῖς μάρτυρες καὶ ὁ θεός, ὡς ὁσίως καὶ δικαίως καὶ ἀμέμπτως ὑμῖν τοῖς πιστεύουσιν ἐγενήθημεν,

 

Gal 1:20
In what I am writing to you, before God, I do not lie!	ἃ δὲ γράφω ὑμῖν, ἰδοὺ ἐνώπιον τοῦ θεοῦ ὅτι οὐ ψεύδομαι.

 

Rom. 1:9
For God, whom I serve with my spirit by announcing the gospel of his Son, is my witness that without ceasing I remember you always in my prayers,	μάρτυς γάρ μού ἐστιν ὁ θεός, ᾧ λατρεύω ἐν τῷ πνεύματί μου ἐν τῷ εὐαγγελίῳ τοῦ υἱοῦ αὐτοῦ, ὡς ἀδιαλείπτως μνείαν ὑμῶν ποιοῦμαι

 

Rom 9:1
I am speaking the truth in Christ—I am not lying; my conscience confirms it by the Holy Spirit—	Ἀλήθειαν λέγω ἐν Χριστῷ, οὐ ψεύδομαι, συμμαρτυρούσης μοι τῆς συνειδήσεώς μου ἐν πνεύματι ἁγίῳ,

 

Phil. 1:8
For God is my witness, how I long for all of you with the compassion of Christ Jesus.	μάρτυς γάρ μου ὁ θεός, ὡς ἐπιποθῶ πάντας ὑμᾶς ἐν σπλάγχνοις Χριστοῦ Ἰησοῦ.

 

1 Thess. 5:27 [Adjuration]
I solemnly command you by the Lord that this letter be read to all of them.	ἐνορκίζω ὑμᾶς τὸν κύριον ἀναγνωσθῆναι τὴν ἐπιστολὴν πᾶσιν τοῖς ἀδελφοῖς.

 

1 Tim 2:7 [Oath, only in variant]
For this I was appointed a herald and an apostle (I am telling the truth [in Christ], I am not lying), a teacher of the Gentiles in faith and truth.	εἰς ὃ ἐτέθην ἐγὼ κῆρυξ καὶ ἀπόστολος— ἀλήθειαν λέγω [ἐν Χριστῷ], οὐ ψεύδομαι— διδάσκαλος ἐθνῶν ἐν πίστει καὶ ἀληθείᾳ.

James 5:12

James 5:12

Written late 1st/early 2nd century.

Source: NRSV/SBLGNT

James 5:12
Above all, my brothers, do not swear, either by heaven or by earth or by any other oath, but let your “Yes” be yes and your “No” be no, so that you may not fall under condemnation. [NRSV]	Πρὸ πάντων δέ, ἀδελφοί μου, μὴ ὀμνύετε, μήτε τὸν οὐρανὸν μήτε τὴν γῆν μήτε ἄλλον τινὰ ὅρκον· ἤτω δὲ ὑμῶν τὸ Ναὶ ναὶ καὶ τὸ Οὒ οὔ, ἵνα μὴ ὑπὸ κρίσιν πέσητε. [SBLGNT]

Matthew 5:33-37

Matthew 5:33-37

Written late first century.

Source: NRSV/SBLGNT

Matthew 5:33-37

Again, you have heard that it was said to those of ancient times, ‘You shall not swear falsely, but carry out the vows you have made to the Lord.’ But I say to you, Do not swear at all, either by heaven, for it is the throne of God, or by the earth, for it is his footstool, or by Jerusalem, for it is the city of the great King. And do not swear by your head, for you cannot make one hair white or black. Let your word be ‘Yes, Yes’ or ‘No, No’; anything more than this comes from the evil one. [NRSV]

Πάλιν ἠκούσατε ὅτι ἐρρέθη τοῖς ἀρχαίοις· Οὐκ ἐπιορκήσεις, ἀποδώσεις δὲ τῷ κυρίῳ τοὺς ὅρκους σου. ἐγὼ δὲ λέγω ὑμῖν μὴ ὀμόσαι ὅλως· μήτε ἐν τῷ οὐρανῷ, ὅτι θρόνος ἐστὶν τοῦ θεοῦ· μήτε ἐν τῇ γῇ, ὅτι ὑποπόδιόν ἐστιν τῶν ποδῶν αὐτοῦ· μήτε εἰς Ἱεροσόλυμα, ὅτι πόλις ἐστὶν τοῦ μεγάλου βασιλέως· μήτε ἐν τῇ κεφαλῇ σου ὀμόσῃς, ὅτι οὐ δύνασαι μίαν τρίχα λευκὴν [a]ποιῆσαι ἢ μέλαιναν. ἔστω δὲ ὁ λόγος ὑμῶν ναὶ ναί, οὒ οὔ· τὸ δὲ περισσὸν τούτων ἐκ τοῦ πονηροῦ ἐστιν. [SBLGNT]

The Book of Steps, Mêmrê 14.1.3 [Syriac]

 The Book of Steps, Mêmrê 14.1.3

Written late 4^th/early 5th Century.

Source: Kitchen, Robert A., and Martien FG Parmentier. The book of steps: the Syriac Liber Graduum. Cistercian Publ., 2004. p.135

The Upright do not swear, except ‘yes’ or ‘no’, about anything; but the Perfect speak only what our Lord wishes, because not even with ‘yes’ or ‘no’ will they transgress and be diminished.

Pope Benjamin I of Alexandria, Excerpt from Sermon On Cana of Galilee.

Pope Benjamin I of Alexandria, Excerpt from Sermon On Cana of Galilee.

Sermon delivered c. 645 CE.

Source: Mikhail, M. S. (2002). On Cana of Galilee: A Sermon by the Coptic Patriarch Benjamin I.”. Coptic Church Review, 23(3), 82-83. [http://scriptoriumdaily.com/wp-content/uploads/2019/10/Benjamin-Homily-Cana.pdf]

Now, my children flee from wine, for it is very evil. Let us flee from theft, not allowing it to close our mouths and kill us. Let us flee from drunkenness, that it may not evict us from our homes. Let us guard ourselves from the evil oath that leads humanity to the Abyss, which is Hell. For our Savior commands us, "Do not swear at all." Indeed, it is fearful to swear truthfully, and even more so to swear falsely.

I will tell you of a marvelous thing that happened because of a false oath as I saw it with my (own) eyes when God gave us relief from the sufferings heaped upon us by Cyrus the criminal. As I, the insignificant Benjamin, traveled south,'" by the will of God, and arrived at the monastery'" of the holy Archmandrite Apa Shenoute, some men from that diocese quickly brought to me a priest whose bishop had excommunicated on account of fornication. They asked me to reinstitute him. I spoke with them saying, "This matter," namely fornication, "is abominable before God and men." I summoned the bishop of that diocese and inquired concerning this matter. He said, "Some witnesses came to me and testified against him." And as they stood [to leave], bowing before my feet, my soul was greatly troubled. I commanded that preparations [for the Eucharist] be made that we may receive communion. I summoned that priest and said to him, "My son, this title of 'priest' belongs to holy men. If you are guilty of this sin, stop, lest you burn." Frightened, (the man) began to swear terrible oaths [which were] troubling to hear. I left him that day. As I attended to the holy Anaphora, I bowed my head before the altar and said, "Holy Archimandrite, my father Apa Shenoute, I know that you are in our midst now and your glory fills this whole place. Ask Christ Jesus our Lord to reveal the matter of this priest to us-whether he is pure or not-so he might not be judged [falsely)."

The following morning I woke up and commanded that we make preparations [for the Eucharist] in order to receive communion. I summoned the priest, whom we were just discussing, and said, "Wear your service clothes and stand according to your rank." He did this with great arrogance. And as (the book of) Acts was being read, a great fearful miracle occurred; hear it. An old monk entered with two soldiers walking beside him-they were frightening. They stood in front of us as the bishops and the priests stood according to their rank, while the deacons asked"' to read the Holy Gospel that we might receive (its) blessing. But the soldiers pushed the clergy and the monks to and fro crying out, "Which one is he?" The monk then pointed to the priest in question and said, "It is this one!" [The soldiers] approached that priest; each grabbed a side of his beard, and they (dragged him) out of the church. That priest was never seen again. Then the monk approached the altar and disappeared. It was then that we knew that the monk whom we saw was the holy priest, Apa Shenoute, and that the two soldiers were Powers from God. My beloved, you see what a false oath did to that man. Priests, keep yourselves from sinning in front of the altar, lest the angel of the altar rise against you. 0 the loss that he reaped, my brothers! The perdition that he inherited! Where is that miserable (priest) now? (Only) God knows.

Juan de Valdés, Commentary on Matthew, 5:33-37

Juan de Valdés, Commentary on Matthew, 5:33-37

Written c. 1540.

Source: Valdes, Juan de, John T. Betts, and Edward Boehmer. 1882. Commentary upon the gospel of St Matthew, now for the first time transl. from the Spanish, and never before pubd in English, by John T. Betts. Lives of the twin brothers, Juan and Alfonso de Valdes, by Edward Boehmer, with intr. by the editor. London: Trubner. p. 82-84.

Christ, carrying on His design of showing the difference between the obligation of the law by human generation (birth) and that of the Gospel by Christian regeneration, says, "moreover you have heard" &c., meaning: because the law, following the obligation of generation, does not prohibit the taking of an oath, but only perjury. The scribes and Pharisees hold themselves to be righteous provided they do not perjure themselves, holding those to be righteous, who do not perjure themselves. Now, forasmuch as the Gospel, following the obligation of regeneration, does not allow the regenerate to swear at all, I admonish you not to swear, any how, nor by any thing; reducing your- selves to a simple "yea" for affirmation, and to a simple "nay" for negation; for I would have you know that all exceeding this comes forth and proceeds from an unmortified spirit, that neither feels nor knows the obligation of regeneration. This is what I understand to be the meaning of these words.

Proceeding to particularise them, it is to be understood that the law, in saying, "thou shalt not forswear thyself” meant, that when a man should promise anything by oath, inasmuch as, by swearing, it seemed that he promised to God, he should fulfil it ; for by the non-fulfilment he became perjured. This renders that, "but shalt perform unto the Lord thine oaths," intelligible."Thou shalt not forswear thyself" is identical with the injunction of the second commandment of the law, "Thou shalt not take the name of the Lord thy God in vain."

Christ, in saying, "thou shalt not swear" excludes perjury and prohibits oaths, and means, that since the heaven is God's and not ours, and that the earth is God's and not ours, and that Jerusalem is God's and not ours, and that with our heads we cannot do what we will — it is not right to swear by any one of them. In saying, "but let your speech be" He means, let it be your affirmation and your negation. In saying "all beyond this," He means whatever is added to this, "yea," and to this, "nay."

Many write much, pretending to expound these words of Christ, limiting them, and adducing cases in which it is permitted to the Christian to swear. I rest satisfied with saying this; because I read that St. Paul, wishing to be believed, occasionally swore, as appears, Rom. i. 9, 2 Cor. xi. 11, Gal. i. 20, and feeling it to be certain that the Spirit of Christ spake by St. Paul, which Spirit never deviated from the obligation of Christian regeneration, I think thus: that in every oath which man makes voluntarily, not being constrained to do so, he deviates from Christian regeneration; so that the Christian is then permitted to swear, when he is constrained by man, and inspired by God, as St. Paul was inspired. The man who shall not be resolved, as against the world, to maintain the obligation of Christian regeneration, will never bring himself to this purity, for the world's honour will constrain him to swear, when he desires to be believed in that which he shall affirm.