Oath of abjuration

“ To such purposes, therefore, oaths have ever been applied, as the most effectual instruments of working them; not only among the followers of true and perfect religion, but even among all those who had any glimmering notions concerning a Divine Power and Providence; who have deemed an oath the fastest tie of conscience, and held the violation of it for the most detestable impiety and iniquity. ”

“ When they no longer regard an oath as an inviolable and sacred thing, what guarantee is left among men? You know, I suppose, what the Archbishop of Canterbury has done with the king’s approval, in Westminster even, at the moment of being consecrated? ”

“ Yet it is a sin to refuse an oath touching anything that is good and just, being imposed by lawful authority.
IV. An oath is to be taken in the plain and common sense of the words, without equivocation, or mental reservation. It cannot oblige to sin; but in anything not sinful, being taken, it binds to performance, although to a man’s own hurt. ”

“ Further, to receive an oath from a person is less than to impose an oath on him. Now it would seem unlawful to receive an oath from a person, especially if he swear falsely, because he would then seem to consent in his sin. Much less therefore would it seem lawful to impose an oath on one who swears falsely. ”

“ Nor can any one lawfully take an oath, with a secret intention of not being bound by it. For the obligation is an inseparable and necessary consequence of an oath, and every act accompanied with an obligation is supposed to proceed from a deliberate purpose of mind. Every one is bound likewise to adhere to an oath in that sense, in which it is usually understood to be taken. For an oath being an appeal to God, should declare the full truth in the sense in which it is understood. ”

“ Yet there is a difference: since, in the oath that is about the past or present, this obligation affects, not the thing that already has been or is, but the action of the swearer, in the point of his swearing to what is or was already true; whereas, on the contrary, in the oath that is made about something to be done by us, the obligation falls on the thing guaranteed by oath. For a man is bound to make true what he has sworn, else his oath lacks truth. ”

“ The fictitious oath is a grave sin if the circumstances are such that a sincere oath is gravely obligatory, as when a superior or judge lawfully imposes an oath in a serious matter, or the parties to an important onerous contract bind themselves by oath in order to strengthen their pact. ”

“ If not, you are sworn to a solemn oath, which ordains you to forego all minor considerations,—which compels you to watch narrowly that you be not influenced by the infirmities natural to us all, but criminal in you, to lean towards the side of a mercy that would be rendered by your oath a perjury to God, and by your duty as impartial citizens a treason to your country. ”

“ The influence of an affirmative oath immediately ceases, when we have faithfully discovered the truth, and the whole truth; but a promissory oath binds so long, and may be so many ways broken, by the surprise as well as strength of a temptation, that it is not to be used but upon great necessity: the frequent requiring and using of oaths, is a reflection upon Christians, who should be of such acknowledged fidelity, as that their sober words should be as sacred as their solemn oaths. ”

“ The oath is a relic of barbarous theology, of the belief that a personal God interferes in the affairs of men; that some God protects innocence and guards the right. The experience of the world has sadly demonstrated the folly of that belief. The testimony of a witness ought to be believed, not because it is given under the solemnities of an oath, but because it is reasonable. ”

“ The effect of a promissory oath is to bind the person swearing to do what he promises by an additional obligation derived from the virtue of religion, which requires that out of reverence for God we should religiously perform what we promised under oath. If we fail to do this in a matter of moment, grave sin will be committed, as all acknowledge. Moreover, as is obvious, if when the oath is taken there is no intention of keeping it, a grave sin of perjury is committed, for perjury is never venial on account of triviality of matter. ”

“ Incautious or Disrespectful Oaths.—It is not lawful to ask or receive an oath, when there is no great public or private need for it; otherwise one makes a sacred act cheap and common. Neither is it lawful to ask or receive an oath from those who do not believe in oaths (e.g., the Mennonites, some Quakers) ; otherwise one compels another to swear against his conscience and indevoutly. Those who believe that oaths are sinful may be required, nevertheless, to bind themselves on their solemn word of honor, and may be punished in the same manner as perjurers if they speak falsely. ”

“ All divines and casuists do grant, that an oath must be taken in his sense and meaning who tenders it, and in whose favours it is conceived: because oaths and bonds are for security, and therefore whosoever would deal honestly and christianly in taking an oath, must take it in the sense that it is understood by such as impose it; otherwise the holy name of God should be taken in vain, and the swearers and promisers shall deal deceitfully, in frustrating the end of the oath or bond, and the design of the tenderers thereof. ”

“ An oath is an oath, nothing more. To trust to it and go to sleep in its guardianship, one may never wake up. Even the gods cannot bind a heart that is black with words. It was one of my own name who swore on the shrine of Eklinga at Udaipur friendship for a Prince of Marwar, and changed turbans with him, which is more binding than eating opium together, then slew him like a dog. Of my faith, an oath, 'by the Beard of the Prophet,' is more binding, I think. Too many gods, such as the men of Hind have, produce a wavering. But thou hast sworn to the truth as I am a witness. ”

“ Since therefore God's truth is something greater than human deliberation, it seems that the obligation of an oath is greater than that of a vow.
On the contrary, A vow binds one to God while an oath sometimes binds one to man. Now one is more bound to God than to man. Therefore a vow is more binding than an oath. ”

“ An oath, so light a thing to swear, so grave a thing to break: an oath, taken in the heat of youth, repented with what sobbings of the heart, but yet in vain repented, as the years go on: an oath, that was once the very utterance of the truth of God, but that falls to be the symbol of a meaningless and empty slavery; such is the yoke that many young men joyfully assume, and under whose dead weight they live to suffer worse than death. ”

“ But if you use such words as are the ordinary form of an oath in a language which you understand, so as the hearers may justly suppose you to understand it, it is an oath, coram hominibus, before men, and in the latter narrower sense of the word. And it shall be obligatory and pleadable against you in any court of justice by those you swear to; yea, and God himself doth take you thereby to be obliged thus to men: and if it be a profane, causeless swearing, men must call it an oath; for they see not the heart ”

“ Seest thou that there is no need of oaths in any case? ‘When such an one speaks,’ we say, ‘I believe him, even without any oath, but thee, no, not with thy oaths.’ Thus then an oath is unnecessary; and is in fact an evidence rather of distrust than of confidence. ”

“ I tell thee, Nib, Harry of Bolingbroke may swear an’ it like him by every saint in the calendar from Aaron to Zachary; and when he is through, my faith in his oaths will go by the eye of a needle. Why, what need of oath if a man be but true? If I would know somewhat of Maude yonder, I shall never set her to swear by Saint Nicholas; I can crede her word. And if a man’s word be not trustworthy, how much more worth is his oath?”
“But, Custance! the King’s Grace and my Lord Archbishop—”
“How thou clarifiest (glorifiest) the King’s Grace! ”

“ Although many good and learned men have argued with great ability that a man taking an oath does not imprecate the Divine vengeance upon himself if his evidence is false, yet the whole history and practice of oath-taking is adverse to their amiable and well-meaning philosophy. The gist of an oath is, and always has been, that the swearer calls upon the Almighty to inflict punishment upon him here or hereafter if he is false to his oath. ”

“ None either in the rash taking or the wilful breaking? Have you no personal shame that you have broken your oath? Or do the pride and pomp of your ecclesiastical position outbribe your conscience? You talk of the people understanding the words “so help me, God.” How do you understand them of your broken oath? Do they mean to you: “May God desert and forsake me as I deserted and forsook the Queen’s supremacy, to which I so solemnly swore allegiance”? You speak of men being kept to their allegiance by the oath “which binds them to their sovereign.” ”

“ Behind it falsehood puts on the robes of truth. The perjurer delights in swearing, for the act invests him with the appearance of honesty. An oath makes the tongue of vice as pure as the lips of virtue. It gives a rogue the weapon of the gentleman. It permits guilt to wear the dress of innocence.
The man who is willing to tell the truth feels that his honesty is impeached when asked to take an oath, while the knave, who is bound to lie, feels that his knavery is protected by the God in whose name he swears. No more senseless custom survives in our age than the administration of the oath. ”

“ Similarly, an oath to do what is useless, or which hinders greater good, is null and void. In case, however, another party has acquired rights under an oath, justice requires that this should be kept, and so the mission oath, by which a sworn promise is given to serve a particular church or mission, binds a missionary priest even though he is persuaded that he has a vocation to the religious state.
7. In accordance with rules of canon law, an oath extorted by violence or grave fear is valid, but it can be dispensed by an ecclesiastical superior. ”

“ Why should a man be reduced to the terrible alternative, either of offending God, or of contributing to his own immediate destruction? The laws which require an oath in such a case, leave him only the choice of becoming a bad christian, or a martyr. For this reason, oaths become, by degrees, a mere formality, and all sentiments of religion, perhaps the only motive of honesty in the greatest part of mankind, are destroyed. ”

“ If the oath was against the commandment of God, what dishonour had come to the name of God though he had not patronised the swearers of it, but hindered them from fulfilling their oath? If a Christian swear to kill a pagan, and hereafter repent of his oath, and not perform it, can there any dishonour redound thereby to the name of Christ? ”

“ On the other military associations stand alone. It is no doubt a grievous thing to be false to an oath of allegiance, but there are other obligations not less sacred. To respect an oath is a duty which the individual owes to society. ”

“ If, on the other hand, it be something that he can do, but ought not to, either because it is essentially evil, or because it is a hindrance to a good, then his oath is lacking in justice: wherefore an oath must not be kept when it involves a sin or a hindrance to good. ”

“ To take an oath when you do not believe in an avenging Deity who will enforce it, is to lie and know that you lie. This surely requires exceptional justification. It is nothing to the purpose to allege that the oath is binding upon you. The security of that are the terms of the oath. The law knows no other. To admit the terms to be unnecessary is to abolish the oath. ”

“ The obligation is one of religion, because the significance of the oath is that it adds the duty of respect owed to God to the duty of fidelity owed to the promise. Men swear in order to make their promises more trustworthy through the sacredness of the oath. ”

“ Holding to the institutions of our holy predecessors, we, by our apostolic authority, absolve from their oath those who through loyalty or through the sacred bond of an oath owe allegiance to excommunicated persons: and we absolutely forbid them to continue their allegiance to such persons, until these shall have made amends. ”

“ Accordingly, some secret associations, it is known, do employ awful sanctions in order to secure concealment. Even when the members of a secret order claim that they are not bound to secrecy by oath, but only by a simple promise, it will, perhaps, be found on examination that that promise is, in reality, an oath. An appeal to God or to heaven, whether made expressly or impliedly, in attestation of the truth of a promise or declaration, is an oath. ”

“ Deliberation of the mind gives a vow its stability, on the part of the person who takes the vow: but it has a greater cause of stability on the part of God, to Whom the vow is offered.
Art. 9 - Whether anyone can dispense from an oath? Objection 1: It would seem that no one can dispense from an oath. Just as truth is required for a declaratory oath, which is about the past or the present, so too is it required for a promissory oath, which is about the future. Now no one can dispense a man from swearing to the truth about present or past things. ”

“ The Bishop nor no man among us can certainly know, that the discipline meant and spoken of in the oath by those that swear it, comprehendeth not under it those points of discipline which we now contend, and which this church had in use at the swearing of the oath. Shall we, then, put the breach of the oath in a fair hazard? God forbid; for, as Joseph Hall1296 noteth from the example of Joshua and the princes, men may not trust to shifts for the eluding of an oath. Surely the fear of God's name should make us tremble at an oath, and to be far from adventuring upon any such shifts. ”