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Objection 1: It would seem that to swear is not to call God to
witness. Whoever invokes the authority of Holy Writ calls God to
witness, since it is His word that Holy Writ contains. Therefore,
if to swear is to call God to witness, whoever invoked the authority
of Holy Writ would swear. But this is false Therefore the
antecedent is false also.
Objection 2: Further, one does not pay anything to a person by
calling him to witness. But he who swears by God pays something to
Him for it is written (Mt. 5:33): "Thou shall pay thy oaths
to the Lord"; and Augustine says [Serm. clxxx] that to swear
[jurare] is "to pay the right [jus reddere] of truth to God."
Therefore to swear is not to call God to witness.
Objection 3: Further, the duties of a judge differ from the duties
of a witness, as shown above (Questions 67,70). Now sometimes
a man, by swearing, implores the Divine judgment, according to Ps.
7:5, "If I have rendered to them that repaid me evils, let me
deservedly fall empty before my enemies." Therefore to swear is not
to call God to witness.
On the contrary, Augustine says in a sermon on perjury (Serm.
clxxx): "When a man says: 'By God,' what else does he mean but
that God is his witness?"
I answer that, As the Apostle says (Heb. 6:16), oaths are
taken for the purpose of confirmation. Now speculative propositions
receive confirmation from reason, which proceeds from principles known
naturally and infallibly true. But particular contingent facts
regarding man cannot be confirmed by a necessary reason, wherefore
propositions regarding such things are wont to be confirmed by
witnesses. Now a human witness does not suffice to confirm such
matters for two reasons. First, on account of man's lack of truth,
for many give way to lying, according to Ps. 16:10, "Their
mouth hath spoken lies." Secondly, on account of this lack of
knowledge, since he can know neither the future, nor secret thoughts,
nor distant things: and yet men speak about such things, and our
everyday life requires that we should have some certitude about them.
Hence the need to have recourse to a Divine witness, for neither can
God lie, nor is anything hidden from Him. Now to call God to
witness is named "jurare" [to swear] because it is established as
though it were a principle of law [jure] that what a man asserts under
the invocation of God as His witness should be accepted as true. Now
sometimes God is called to witness when we assert present or past
events, and this is termed a "declaratory oath"; while sometimes
God is called to witness in confirmation of something future, and this
is termed a "promissory oath." But oaths are not employed in order
to substantiate necessary matters, and such as come under the
investigation of reason; for it would seem absurd in a scientific
discussion to wish to prove one's point by an oath.
Reply to Objection 1: It is one thing to employ a Divine witness
already given, as when one adduces the authority of Holy Scripture;
and another to implore God to bear witness, as in an oath.
Reply to Objection 2: A man is said to pay his oaths to God
because he performs what he swears to do, or because, from the very
fact that he calls upon God to witness, he recognizes Him as
possessing universal knowledge and unerring truth.
Reply to Objection 3: A person is called to give witness, in order
that he may make known the truth about what is alleged. Now there are
two ways in which God makes known whether the alleged facts are true or
not. In one way He reveals the truth simply, either by inward
inspiration, or by unveiling the facts, namely, by making public what
was hitherto secret: in another way by punishing the lying witness,
and then He is at once judge and witness, since by punishing the liar
He makes known his lie. Hence oaths are of two kinds: one is a
simple contestation of God, as when a man says "God is my
witness," or, "I speak before God," or, "By God," which
has the same meaning, as Augustine states; the other is by cursing,
and consists in a man binding himself or something of his to punishment
if what is alleged be not true.
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