The English works of Thomas Hobbes of Malmesbury, Volume 02 (of 11) — Thomas Hobbes — John Shaqi
The English works of Thomas Hobbes of Malmesbury, Volume 02 (of 11)
Thomas Hobbes · en
19. Likewise no man is tied by any compacts whatsoever to accuse
himself, or any other, by whose damage he is like to procure himself
a bitter life. Wherefore neither is a father obliged to bear witness
against his son, nor a husband against his wife, nor a son against
his father, nor any man against any one by whose means he hath his
subsistence; for in vain is that testimony which is presumed to be
corrupted from nature. But although no man be tied to accuse himself
by any compact, yet in a public trial he may by torture be forced to
make answer. But such answers are no testimony of the fact, but
helps for the searching out of truth; so that whether the party
tortured his answer be true or false, or whether he answer not at
all, whatsoever he doth, he doth it by right.
[Sidenote: The definition of an oath.]
20. Swearing is a speech joined to a promise, whereby the promiser
declares his renouncing of God’s mercy, unless he perform his word.
Which definition is contained in the words themselves, which have in
them the very essence of an oath, to wit, _so God help me_, or other
equivalent, as with the Romans, _do thou Jupiter so destroy the
deceiver, as I slay this same beast_. Neither is this any let, but
that an oath may as well sometimes be affirmatory as promissory; for
he that confirms his affirmation with an oath, promiseth that he
speaks truth. But though in some places it was the fashion for
subjects to swear by their kings, that custom took its original
hence, that those kings took upon them divine honour. For oaths were
therefore introduced, that by religion and consideration of the
divine power, men might have a greater dread of breaking their
faiths, than that wherewith they fear men, from whose eyes their
actions may lie hid.
[Sidenote: The swearing must be conceived in that fashion which he
uses who takes it.]
21. Whence it follows that an oath must be conceived in that form,
which he useth who takes it; for in vain is any man brought to swear
by a God whom he believes not, and therefore neither fears him. For
though by the light of nature it may be known that there is a God,
yet no man thinks he is to swear by him in any other fashion, or by
any other name, than what is contained in the precepts of his own
proper, that is (as he who swears imagines) the true religion.
[Sidenote: Swearing adds nothing to the obligation which is by
compact.]