International law; Natural law; War (International law)
XI. The power of superiors over inferiors, that is of sovereigns over
subjects, with respect to oaths, is the next topic that comes under
consideration. Now the act of a superior cannot annul the perfect
obligation of an oath, which rests upon natural and revealed law. But
as we are not, in a state of civil society, entirely masters of our
own actions, which in some measure depend upon the direction of the
sovereign power, which has a twofold influence with respect to oaths,
in the one case applying to the person who takes, and in the other, to
the person who receives them. This authority may be exercised over the
person taking the oath, either by declaring, before it is taken, that
it shall be made void, or by prohibiting its fulfilment, when taken.
For the inferior or subject, considered as such, could not bind himself
to engagements, beyond those allowed by the sovereign legislature. In
the same manner, by the Hebrew Law, husbands might annul the oaths of
wives, and fathers those of children, who were still dependent.
XII. In this place we may cursorily observe, that what is said in the
precepts of Christ, and by St. James, against swearing at all, applies
not to an oath of affirmation, many instances of which are to be
found in the writings of St. Paul, but to promissory oaths respecting
uncertain and future events. This is plain from the opposition in the
words of Christ. "You have heard it hath been said by them of old time,
thou shalt not forswear thyself, but shalt perform unto the Lord thine
oath. But I say to you, swear not at all." And the reason given for
it by St. James, is that "you fall not into hypocrisy," or be found
deceivers; for so the word HYPOCRISY signifies in the Greek.
Again it is said by St. Paul, that all the promises of God in Christ
are YEA and AMEN, that is are certain and undoubted. Hence came the
Hebrew phrase, that a just man's YEA is YEA, and his NO is NO. On the
other hand, persons, whose actions differ from their affirmations,
are said to speak YEA and NO, that is their affirmation is a denial,
and their denial an affirmation. In this manner St. Paul vindicates
himself from the charge of lightness of speech, adding that his
conversation had not been YEA, and NO.
XIII. Affirmations are not the only modes of obligation. For in many
places signs have been used as pledges of faith; thus among the
Persians giving the right hand was considered the firmest tie. So that
where any form is substituted for an oath, the violation of it will be
an act of perjury. It has been said of Kings and Princes in particular,
that their faith is the same as an oath. On which account Cicero, in
his speech for Dejotarus, commends Caesar no less for the vigour of his
arm in battle, than for the sure fulfilment of the pledge and promise
of his right hand.
CHAPTER XV.[39]
ON TREATIES AND ON ENGAGEMENTS MADE BY DELEGATES, EXCEEDING THEIR POWER.
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