Thomas Aquinas on lawful oaths

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Commenting on Paul’s use of an oath in Romans 1:9, Thomas Aquinas says:

80. But since, as Augustine says, it is the same to say for God is my witness and I swear by God, the Apostle seems to be acting against the Lord’s command: I say to you, do not swear at all (Matt 5:34); above all, my brethren, do not swear (Jas 5:12).

However, as Augustine also says, the meaning of Sacred Scripture is gathered from the actions of the saints. For it is the same Spirit who inspired the Sacred Scriptures: men moved by the Holy Spirit spoke from God (2 Pet 1:21) and who moves holy men to act: all who are led by the Spirit are sons of God (Rom 8:14).

Consequently, if Paul is found to swear, it shows that the Lord’s word and that of the apostle James are not to be understood as indicating that an oath is absolutely unlawful, but that men should strive as far as possible not to use oaths as though they were something good and desirable of their very nature. And this on account of the danger involved in frequent swearing, namely, the possibility of perjury due to a slip of the tongue. …

For the reference, see:

 
Just finished a work for Monergism called "The Obligation of Oaths" by Robert Sanderson. It should be live sometime this week. One of the most detailed treatises on oaths I have yet to find. I cant wait until I can take a minute and read it more fully in detail.

"SECT. XI. A man ought not to swear without necessity.

The second Conclusion, The use of Oaths in common discourse is unlawful. The first proof is from the nature of an oath, Because every religious act being a part of Divine Worship ought to be performed with due reverence, and with some both preparation and attention; all which must needs be far off, when oaths are rashly scattered without judgment, or heedlessly without consideration. The second from the end, which is the confirmation of a doubtful business, seeing our ordinary discourse is for the most part upon frivolous matters, which either are not doubtful, or not of moment to require religious confirmation; or if they were, would be little more credited for his oath, who maketh swearing his common custom; for such will be as soon believed, if that which they say seem true, without an oath, or if otherwise, no whit the sooner for swearing. The third from the Cause whence such kind of Oaths are derived; which is either a vicious habit contracted by long and pernicious custom; which habit is the fruit, and mark of a profane, if not Atheistical heart; or some exorbitant perturbation of the mind, as excessive anger, intemperate joy, with which whilst the mind boils, the mouth foameth to the dishonor of God; and at which those words of James seem peculiarly to aim; Chap. 5, verse. 12. But above all things, my Brethren, swear not, neither by Heaven, neither by the Earth. In the foregoing verses, he exhorteth the faithful to suffer injuries with patience, and in the following verse teacheth the Christian how to entertain himself whether he be sad or cheerful: a place worthy to be the exercise of learned men, and something more diligently considered, then as yet it hath been by Interpreters. Perhaps this cursory Paraphrase upon the words such as it is may contribute something towards that end; as it seemeth unto me they express thus much. Set the examples of ancient Prophets and holy men before your eyes. If ye suffer adversity, imitate their patience. If in all things you cannot attain to that perfection, yet thus far at least, except ye be extreme negligent, you may go with ease, above all things, take heed lest too impatient of your grief, or too much transported with your joy, ye break forth into rash oaths, to the dishonor of God, and shame of Christian conversation. But rather contain yourselves, whether troubled or rejoicing, within the bounds of modesty; mingle not heaven, and earth; let not all things be filled with your oaths and clamors; if you affirm orderly a thing, let it be with calmness, and a mere affirmation, or negation: But if either of these passions be more impetuous, and strive to overflow the narrow channels of your bosoms, it will be your wisdoms to let it forth unto the glory of God. Do you demand by what means? I will tell you: Is any amongst you afflicted? Let not his impatience break forth into oaths and blasphemies, the floodgates of wrath; but rather let him pray, and humbly implore God that he would vouchsafe him patience, till his heavy hand be removed. Is any merry? Let him not bellow it forth in Oaths, like a Bacchanalian, but rather sing it in Hymns and Psalms unto the praise of God; who hath made his cup to overflow, and crowned him with happy days. If any man admit not this latitude unto the Apostles words, let him use his own judgment. I have only expressed that which I think probable, and give no man Law. But to return, if I have digressed; it is certain that the words of James altogether condemn that evil custom, which is now grown amongst high and low men of all sorts inveterate. It would cost me many leaves to sum up that which hath been declared against this impious use by holy Fathers, ancient Doctors of all Nations, Hebrews, Greeks, Latins, yea even Heathens; of many take a few: Sirach the wisest of the Hebrews, Accustom not thy mouth to swearing: As a servant that is continually beaten, shall not be without a blew mark, so he that sweareth, and nameth God continually, shall not be faultless. A man that useth much swearing shall be filled with iniquity. Amongst the Greeks, Eusebius the Heathen Philosopher, Many (saith he) exhort men to swear the truth, but I am of opinion that men ought not easily to swear at all. Amongst the Latins, Augustine; Beware of oaths as much as you may, because it were better not to swear, though a truth; not that it is sin to swear truth, but that it is a most grievous one to swear falsehood; into which he may the sooner fall, who accustometh himself to swearing. And in another place, a false oath is destructive, and even a true one dangerous. But what need is there of other testimonies, seeing this daily and unnecessary use of swearing is so positively forbidden, as scarce anything more in holy Scriptures; by Christ himself; But I say unto you swear not at all; and by his Apostle St. James, in the place cited, Above all things swear not."
----Robert Sanderson, "The Obligation of Oaths."
 
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