International law; Natural law; War (International law)
And in the first place the arguments, that have been used respecting
promises and contracts, apply to oaths also, which ought never to be
taken but with the most deliberate reflection and judgment. 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. And this is the
sense upon which Cicero insists that all oaths should be performed and
adhered to in that sense, in which the party imposing them intended
they should be taken. For although in other kinds of promises a
condition may easily be implied, to release the promiser; yet that is a
latitude by no means admissible in an oath. And on this point an appeal
may be made to that passage, where the admirable writer of the Epistle
to the Hebrews has said, GOD WILLING more abundantly to shew unto the
heirs of the promise the immutability of his counsel confirmed it by an
oath: that by two immutable things, in which it was impossible for God
to deceive, we might have a strong consolation. In order to understand
these words, we must observe that the sacred writers, in speaking of
God, often attribute to him human passions, rather in conformity to
our finite capacities, than to his infinite nature. For God does not
actually change his decrees, though he may be said to do so, and to
repent, whenever he acts otherwise than the words seemed to indicate,
the occasion, on which they were delivered, having ceased. Now this
may easily be applied in the case of threats, as conferring no right;
sometimes too in promises, where a condition is implied. The Apostle
therefore names two things denoting immutability, a promise which
confers a right, and an oath, which admits of no mental reservations.
From the above arguments it is easy to comprehend what is to be thought
of an oath fraudulently obtained. For if it is certain that a person
took the oath upon a supposition, which afterwards was proved to have
no foundation, and but for the belief of which he would never have
taken it, he will not be bound by it. But if it appears that he would
have taken it without that supposition; he must abide by his oath,
because oaths allow of no evasion.
III. The meaning of an oath should not be stretched beyond the usual
acceptation of words. Therefore there was no breach of their oath in
those, who, having sworn that they would not give their daughters in
marriage to the Benjamites, permitted those that had been carried off
to live with them. For there is a difference between giving a thing,
and not recovering that which is lost.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account