FOURTH ARTICLE [II-II, Q. 86, Art. 4]

Whether Men Are Bound to Pay First-fruits?

Objection 1: It would seem that men are not bound to pay first-fruits. After giving the law of the first-born the text continues (Ex. 13:9): "It shall be as a sign in thy hand," so that, apparently, it is a ceremonial precept. But ceremonial precepts are not to be observed in the New Law. Neither therefore ought first-fruits to be paid.

Obj. 2: Further, first-fruits were offered to the Lord for a special favor conferred on that people, wherefore it is written (Deut. 26:2, 3): "Thou shalt take the first of all thy fruits . . . and thou shalt go to the priest that shall be in those days, and say to him: I profess this day before the Lord thy God, that I am come into the land, for which He swore to our fathers, that He would give it us." Therefore other nations are not bound to pay first-fruits.

Obj. 3: That which one is bound to do should be something definite. But neither in the New Law nor in the Old do we find mention of a definite amount of first-fruits. Therefore one is not bound of necessity to pay them.

On the contrary, It is laid down (16, qu. vii, can. Decimas): "We confirm the right of priests to tithes and first-fruits, and everybody must pay them."

I answer that, First-fruits are a kind of oblation, because they are offered to God with a certain profession (Deut. 26); where the same passage continues: "The priest taking the basket containing the first-fruits from the hand of him that bringeth the first-fruits, shall set it before the altar of the Lord thy God," and further on (Deut. 26:10) he is commanded to say: "Therefore now I offer the first-fruits of the land, which the Lord hath given me." Now the first-fruits were offered for a special reason, namely, in recognition of the divine favor, as though man acknowledged that he had received the fruits of the earth from God, and that he ought to offer something to God in return, according to 1 Paral 29:14, "We have given Thee what we received of Thy hand." And since what we offer God ought to be something special, hence it is that man was commanded to offer God his first-fruits, as being a special part of the fruits of the earth: and since a priest is "ordained for the people in the things that appertain to God" (Heb. 5:1), the first-fruits offered by the people were granted to the priest's use. Wherefore it is written (Num. 18:8): "The Lord said to Aaron: Behold I have given thee the charge of My first-fruits." Now it is a point of natural law that man should make an offering in God's honor out of the things he has received from God, but that the offering should be made to any particular person, or out of his first-fruits, or in such or such a quantity, was indeed determined in the Old Law by divine command; but in the New Law it is fixed by the declaration of the Church, in virtue of which men are bound to pay first-fruits according to the custom of their country and the needs of the Church's ministers.

Reply Obj. 1: The ceremonial observances were properly speaking signs of the future, and consequently they ceased when the foreshadowed truth was actually present. But the offering of first-fruits was for a sign of a past favor, whence arises the duty of acknowledgment in accordance with the dictate of natural reason. Hence taken in a general sense this obligation remains.

Reply Obj. 2: First-fruits were offered in the Old Law, not only on account of the favor of the promised land given by God, but also on account of the favor of the fruits of the earth, which were given by God. Hence it is written (Deut. 26:10): "I offer the first-fruits of the land which the Lord hath given me," which second motive is common among all people. We may also reply that just as God granted the land of promise to the Jews by a special favor, so by a general favor He bestowed the lordship of the earth on the whole of mankind, according to Ps. 113:24, "The earth He has given to the children of men."

Reply Obj. 3: As Jerome says [*Comment. in Ezech. 45:13, 14; cf. Cap. Decimam, de Decim. Primit. et Oblat.]: "According to the tradition of the ancients the custom arose for those who had most to give the priests a fortieth part, and those who had least, one sixtieth, in lieu of first-fruits." Hence it would seem that first-fruits should vary between these limits according to the custom of one's country. And it was reasonable that the amount of first-fruits should not be fixed by law, since, as stated above, first-fruits are offered by way of oblation, a condition of which is that it should be voluntary.


QUESTION 87

OF TITHES (In Four Articles)

Next we must consider tithes, under which head there are four points of inquiry:

(1) Whether men are bound by precept to pay tithes?

(2) Of what things ought tithes to be paid?

(3) To whom ought they to be paid?

(4) Who ought to pay tithes?


FIRST ARTICLE [II-II, Q. 87, Art. 1]

Whether Men Are Bound to Pay Tithes Under a Necessity of Precept?

Objection 1: It would seem that men are not bound by precept to pay tithes. The commandment to pay tithes is contained in the Old Law (Lev. 27:30), "All tithes of the land, whether of corn or of the fruits of trees, are the Lord's," and further on (Lev. 27:32): "Of all the tithes of oxen and sheep and goats, that pass under the shepherd's rod, every tenth that cometh shall be sanctified to the Lord." This cannot be reckoned among the moral precepts, because natural reason does not dictate that one ought to give a tenth part, rather than a ninth or eleventh. Therefore it is either a judicial or a ceremonial precept. Now, as stated above (I-II, Q. 103, A. 3; Q. 104, A. 3), during the time of grace men are hound neither to the ceremonial nor to the judicial precepts of the Old Law. Therefore men are not bound now to pay tithes.

Obj. 2: Further, during the time of grace men are bound only to those things which were commanded by Christ through the Apostles, according to Matt. 28:20, "Teaching them to observe all things whatsoever I have commanded you"; and Paul says (Acts 20:27): "I have not spared to declare unto you all the counsel of God." Now neither in the teaching of Christ nor in that of the apostles is there any mention of the paying of tithes: for the saying of our Lord about tithes (Matt. 23:23), "These things you ought to have done" seems to refer to the past time of legal observance: thus Hilary says (Super Matth. can. xxiv): "The tithing of herbs, which was useful in foreshadowing the future, was not to be omitted." Therefore during the time of grace men are not bound to pay tithes.

Obj. 3: Further, during the time of grace, men are not more bound to the legal observances than before the Law. But before the Law tithes were given, by reason not of a precept but of a vow. For we read (Gen. 28:20, 22) that Jacob "made a vow" saying: "If God shall be with me, and shall keep me in the way by which I walk . . . of all the things that Thou shalt give to me, I will offer tithes to Thee." Neither, therefore, during the time of grace are men bound to pay tithes.

Obj. 4: Further, in the Old Law men were bound to pay three kinds of tithe. For it is written (Num. 18:23, 24): "The sons of Levi . . . shall . . . be content with the oblation of tithes, which I have separated for their uses and necessities." Again, there were other tithes of which we read (Deut. 14:22, 23): "Every year thou shalt set aside the tithes of all thy fruits, that the earth bringeth forth year by year; and thou shalt eat before the Lord thy God in the place which He shall choose." And there were yet other tithes, of which it is written (Deut. 14:28): "The third year thou shalt separate another tithe of all things that grow to thee at that time, and shalt lay it up within thy gates. And the Levite that hath no other part nor possession with thee, and the stranger, and the fatherless, and the widow, that are within thy gates, shall . . . eat and be filled." Now during the time of grace men are not bound to pay the second and third tithes. Neither therefore are they bound to pay the first.

Obj. 5: Further, a debt that is due without any time being fixed for its payment, must be paid at once under pain of sin. Accordingly if during the time of grace men are bound, under necessity of precept, to pay tithes in those countries where tithes are not paid, they would all be in a state of mortal sin, and so would also be the ministers of the Church for dissembling. But this seems unreasonable. Therefore during the time of grace men are not bound under necessity of precept to pay tithes.

On the contrary, Augustine [*Append. Serm. cclxxcii], whose words are quoted 16, qu. i [*Can. Decimae], says: "It is a duty to pay tithes, and whoever refuses to pay them takes what belongs to another."

I answer that, In the Old Law tithes were paid for the sustenance of the ministers of God. Hence it is written (Malach. 3:10): "Bring all the tithes into My [Vulg.: 'the'] store-house that there may be meat in My house." Hence the precept about the paying of tithes was partly moral and instilled in the natural reason; and partly judicial, deriving its force from its divine institution. Because natural reason dictates that the people should administer the necessaries of life to those who minister the divine worship for the welfare of the whole people even as it is the people's duty to provide a livelihood for their rulers and soldiers and so forth. Hence the Apostle proves this from human custom, saying (1 Cor. 9:7): "Who serveth as a soldier at any time at his own charge? Who planteth a vineyard and eateth not of the fruit thereof?" But the fixing of the proportion to be offered to the ministers of divine worship does not belong to the natural law, but was determined by divine institution, in accordance with the condition of that people to whom the law was being given. For they were divided into twelve tribes, and the twelfth tribe, namely that of Levi, was engaged exclusively in the divine ministry and had no possessions whence to derive a livelihood: and so it was becomingly ordained that the remaining eleven tribes should give one-tenth part of their revenues to the Levites [*Num. 18:21] that the latter might live respectably; and also because some, through negligence, would disregard this precept. Hence, so far as the tenth part was fixed, the precept was judicial, since all institutions established among this people for the special purpose of preserving equality among men, in accordance with this people's condition, are called "judicial precepts." Nevertheless by way of consequence these institutions foreshadowed something in the future, even as everything else connected with them, according to 1 Cor. 12, "All these things happened to them in figure." In this respect they had something in common with the ceremonial precepts, which were instituted chiefly that they might be signs of the future. Hence the precept about paying tithes foreshadowed something in the future. For ten is, in a way, the perfect number (being the first numerical limit, since the figures do not go beyond ten but begin over again from one), and therefore he that gave a tenth, which is the sign of perfection, reserving the nine other parts for himself, acknowledged by a sign that imperfection was his part, and that the perfection which was to come through Christ was to be hoped for from God. Yet this proves it to be, not a ceremonial but a judicial precept, as stated above.

There is this difference between the ceremonial and judicial precepts of the Law, as we stated above (I-II, Q. 104, A. 3), that it is unlawful to observe the ceremonial precepts at the time of the New Law, whereas there is no sin in keeping the judicial precepts during the time of grace although they are not binding. Indeed they are bound to be observed by some, if they be ordained by the authority of those who have power to make laws. Thus it was a judicial precept of the Old Law that he who stole a sheep should restore four sheep (Ex. 22:1), and if any king were to order this to be done his subjects would be bound to obey. In like manner during the time of the New Law the authority of the Church has established the payment of tithe; thus showing a certain kindliness, lest the people of the New Law should give less to the ministers of the New Testament than did the people of the Old Law to the ministers of the Old Testament; for the people of the New Law are under greater obligations, according to Matt. 5:20, "Unless your justice abound more than that of the Scribes and Pharisees, you shall not enter into the kingdom of heaven," and, moreover, the ministers of the New Testament are of greater dignity than the ministers of the Old Testament, as the Apostle shows (2 Cor. 3:7, 8).

Accordingly it is evident that man's obligation to pay tithes arises partly from natural law, partly from the institution of the Church; who, nevertheless, in consideration of the requirements of time and persons might ordain the payment of some other proportion.

This suffices for the Reply to the First Objection.

Reply Obj. 2: The precept about paying tithes, in so far as it was a moral precept, was given in the Gospel by our Lord when He said (Matt. 10:10) [*The words as quoted are from Luke 10:7: Matthew has 'meat' instead of 'hire']: "The workman is worthy of his hire," and the Apostle says the same (1 Cor. 9:4 seqq.). But the fixing of the particular proportion is left to the ordinance of the Church.

Reply Obj. 3: Before the time of the Old Law the ministry of the divine worship was not entrusted to any particular person; although it is stated that the first-born were priests, and that they received a double portion. For this very reason no particular portion was directed to be given to the ministers of the divine worship: but when they met with one, each man of his own accord gave him what he deemed right. Thus Abraham by a kind of prophetic instinct gave tithes to Melchisedech, the priest of the Most High God, according to Gen. 14:20, and again Jacob made a vow to give tithes [*Gen. 28:20], although he appears to have vowed to do so, not by paying them to ministers, but for the purpose of the divine worship, for instance for the fulfilling of sacrifices, hence he said significantly: "I will offer tithes to Thee."

Reply Obj. 4: The second kind of tithe, which was reserved for the offering of sacrifices, has no place in the New Law, since the legal victims had ceased. But the third kind of tithe which they had to eat with the poor, is increased in the New Law, for our Lord commanded us to give to the poor not merely the tenth part, but all our surplus, according to Luke 11:41: "That which remaineth, give alms." Moreover the tithes that are given to the ministers of the Church should be dispensed by them for the use of the poor.

Reply Obj. 5: The ministers of the Church ought to be more solicitous for the increase of spiritual goods in the people, than for the amassing of temporal goods: and hence the Apostle was unwilling to make use of the right given him by the Lord of receiving his livelihood from those to whom he preached the Gospel, lest he should occasion a hindrance to the Gospel of Christ [*1 Cor. 9:12]. Nor did they sin who did not contribute to his upkeep, else the Apostle would not have omitted to reprove them. In like manner the ministers of the Church rightly refrain from demanding the Church's tithes, when they could not demand them without scandal, on account of their having fallen into desuetude, or for some other reason. Nevertheless those who do not give tithes in places where the Church does not demand them are not in a state of damnation, unless they be obstinate, and unwilling to pay even if tithes were demanded of them.


SECOND ARTICLE [II-II, Q. 87, Art. 2]

Whether Men Are Bound to Pay Tithes of All Things?

Objection 1: It would seem that men are not bound to give tithes of all things. The paying of tithes seems to be an institution of the Old Law. Now the Old Law contains no precept about personal tithes, viz. those that are payable on property acquired by one's own act, for instance by commerce or soldiering. Therefore no man is bound to pay tithes on such things.

Obj. 2: Further, it is not right to make oblations of that which is ill-gotten, as stated above (Q. 86, A. 3). Now oblations, being offered to God immediately, seem to be more closely connected with the divine worship than tithes which are offered to the ministers. Therefore neither should tithes be paid on ill-gotten goods.

Obj. 3: Further, in the last chapter of Leviticus (30, 32) the precept of paying tithes refers only to "corn, fruits of trees" and animals "that pass under the shepherd's rod." But man derives a revenue from other smaller things, such as the herbs that grow in his garden and so forth. Therefore neither on these things is a man bound to pay tithes.

Obj. 4: Further, man cannot pay except what is in his power. Now a man does not always remain in possession of all his profit from land and stock, since sometimes he loses them by theft or robbery; sometimes they are transferred to another person by sale; sometimes they are due to some other person, thus taxes are due to princes, and wages due to workmen. Therefore one ought not to pay tithes on such like things.

On the contrary, It is written (Gen. 28:22): "Of all things that Thou shalt give to me, I will offer tithes to Thee."

I answer that, In judging about a thing we should look to its principle. Now the principle of the payment of tithes is the debt whereby carnal things are due to those who sow spiritual things, according to the saying of the Apostle (1 Cor. 9:11), "If we have sown unto you spiritual things, is it a great matter if we reap your carnal things?" [thus implying that on the contrary "it is no great matter if we reap your carnal things"] [*The phrase in the brackets is omitted in the Leonine edition]. For this debt is the principle on which is based the commandment of the Church about the payment of tithes. Now whatever man possesses comes under the designation of carnal things. Therefore tithes must be paid on whatever one possesses.

Reply Obj. 1: In accordance with the condition of that people there was a special reason why the Old Law did not include a precept about personal tithes; because, to wit, all the other tribes had certain possessions wherewith they were able to provide a sufficient livelihood for the Levites who had no possessions, but were not forbidden to make a profit out of other lawful occupations as the other Jews did. On the other hand the people of the New Law are spread abroad throughout the world, and many of them have no possessions, but live by trade, and these would contribute nothing to the support of God's ministers if they did not pay tithes on their trade profits. Moreover the ministers of the New Law are more strictly forbidden to occupy themselves in money-making trades, according to 2 Tim. 2:4, "No man being a soldier to God, entangleth himself with secular business." Wherefore in the New Law men are bound to pay personal tithes, according to the custom of their country and the needs of the ministers: hence Augustine, whose words are quoted 16, qu. 1, cap. Decimae, says [*Append. Serm. cclxxvii]: "Tithes must be paid on the profits of soldiering, trade or craft."

Reply Obj. 2: Things are ill-gotten in two ways. First, because the getting itself was unjust: such, for instance, are things gotten by robbery, theft or usury: and these a man is bound to restore, and not to pay tithes on them. If, however, a field be bought with the profits of usury, the usurer is bound to pay tithes on the produce, because the latter is not gotten usuriously but given by God. On the other hand certain things are said to be ill-gotten, because they are gotten of a shameful cause, for instance of whoredom or stage-playing, and the like. Such things a man is not bound to restore, and consequently he is bound to pay tithes on them in the same way as other personal tithes. Nevertheless the Church must not accept the tithe so long as those persons remain in sin, lest she appear to have a share in their sins: but when they have done penance, tithes may be accepted from them on these things.

Reply Obj. 3: Things directed to an end must be judged according to their fittingness to the end. Now the payment of tithes is due not for its own sake, but for the sake of the ministers, to whose dignity it is unbecoming that they should demand minute things with careful exactitude, for this is reckoned sinful according to the Philosopher (Ethic. iv, 2). Hence the Old Law did not order the payment of tithes on such like minute things, but left it to the judgment of those who are willing to pay, because minute things are counted as nothing. Wherefore the Pharisees who claimed for themselves the perfect justice of the Law, paid tithes even on these minute things: nor are they reproved by our Lord on that account, but only because they despised greater, i.e. spiritual, precepts; and rather did He show them to be deserving of praise in this particular, when He said (Matt. 23:23): "These things you ought to have done," i.e. during the time of the Law, according to Chrysostom's [*Hom. xliv in the Opus Imperfectum falsely ascribed to St. John Chrysostom] commentary. This also seems to denote fittingness rather than obligation. Therefore now too men are not bound to pay tithes on such minute things, except perhaps by reason of the custom of one's country.

Reply Obj. 4: A man is not bound to pay tithes on what he has lost by theft or robbery, before he recovers his property: unless he has incurred the loss through his own fault or neglect, because the Church ought not to be the loser on that account. If he sell wheat that has not been tithed, the Church can command the tithes due to her, both from the buyer who has a thing due to the Church, and from the seller, because so far as he is concerned he has defrauded the Church: yet if one pays, the other is not bound. Tithes are due on the fruits of the earth, in so far as these fruits are the gift of God. Wherefore tithes do not come under a tax, nor are they subject to workmen's wages. Hence it is not right to deduct one's taxes and the wages paid to workmen, before paying tithes: but tithes must be paid before anything else on one's entire produce.


THIRD ARTICLE [II-II, Q. 87, Art. 4]

Whether Tithes Should Be Paid to the Clergy?

Objection 1: It would seem that tithes should not be paid to the clergy. Tithes were paid to the Levites in the Old Testament, because they had no portion in the people's possessions, according to Num. 18:23, 24. But in the New Testament the clergy have possessions not only ecclesiastical, but sometimes also patrimonial: moreover they receive first-fruits, and oblations for the living and the dead. Therefore it is unnecessary to pay tithes to them.

Obj. 2: Further, it sometimes happens that a man dwells in one parish, and farms in another; or a shepherd may take his flock within the bounds of one parish during one part of the year, and within the bounds of another parish during the other part of the year; or he may have his sheepfold in one parish, and graze the sheep in another. Now in all these and similar cases it seems impossible to decide to which clergy the tithes ought to be paid. Therefore it would seem that no fixed tithe ought to be paid to the clergy.

Obj. 3: Further, it is the general custom in certain countries for the soldiers to hold the tithes from the Church in fee; and certain religious receive tithes. Therefore seemingly tithes are not due only to those of the clergy who have care of souls.

On the contrary, It is written (Num. 18:21): "I have given to the sons of Levi all the tithes of Israel for a possession, for the ministry wherewith they serve Me in the Tabernacle." Now the clergy are the successors of the sons of Levi in the New Testament. Therefore tithes are due to the clergy alone.

I answer that, Two things have to be considered with regard to tithes: namely, the right to receive tithes, and the things given in the name of tithes. The right to receive tithes is a spiritual thing, for it arises from the debt in virtue of which the ministers of the altar have a right to the expenses of their ministry, and temporal things are due to those who sow spiritual things. This debt concerns none but the clergy who have care of souls, and so they alone are competent to have this right.

On the other hand the things given in the name of tithes are material, wherefore they may come to be used by anyone, and thus it is that they fall into the hands of the laity.

Reply Obj. 1: In the Old Law, as stated above (A. 1, ad 4), special tithes were earmarked for the assistance of the poor. But in the New Law the tithes are given to the clergy, not only for their own support, but also that the clergy may use them in assisting the poor. Hence they are not unnecessary; indeed Church property, oblations and first-fruits as well as tithes are all necessary for this same purpose.

Reply Obj. 2: Personal tithes are due to the church in whose parish a man dwells, while predial tithes seem more reasonably to belong to the church within whose bounds the land is situated. The law, however, prescribes that in this matter a custom that has obtained for a long time must be observed [*Cap. Cum sint, and Cap. Ad apostolicae, de Decimis, etc.]. The shepherd who grazes his flock at different seasons in two parishes, should pay tithe proportionately to both churches. And since the fruit of the flock is derived from the pasture, the tithe of the flock is due to the church in whose lands the flock grazes, rather than to the church on whose land the fold is situated.

Reply Obj. 3: Just as the Church can hand over to a layman the things she receives under the title of tithe, so too can she allow him to receive tithes that are yet to be paid, the right of receiving being reserved to the ministers of the Church. The motive may be either the need of the Church, as when tithes are due to certain soldiers through being granted to them in fee by the Church, or it may be the succoring of the poor; thus certain tithes have been granted by way of alms to certain lay religious, or to those that have no care of souls. Some religious, however, are competent to receive tithes, because they have care of souls.


FOURTH ARTICLE [II-II, Q. 87, Art. 4]

Whether the Clergy Also Are Bound to Pay Tithes?

Objection 1: It would seem that clerics also are bound to pay tithes. By common law [*Cap. Cum homines, de Decimis, etc.] the parish church should receive the tithes on the lands which are in its territory. Now it happens sometimes that the clergy have certain lands of their own on the territory of some parish church, or that one church has ecclesiastical property on the territory of another. Therefore it would seem that the clergy are bound to pay predial tithes.

Obj. 2: Further, some religious are clerics; and yet they are bound to pay tithes to churches on account of the lands which they cultivate even with their own hands [*Cap. Ex parte, and Cap. Nuper.]. Therefore it would seem that the clergy are not immune from the payment of tithes.

Obj. 3: Further, in the eighteenth chapter of Numbers (26, 28), it is prescribed not only that the Levites should receive tithes from the people, but also that they should themselves pay tithes to the high-priest. Therefore the clergy are bound to pay tithes to the Sovereign Pontiff, no less than the laity are bound to pay tithes to the clergy.

Obj. 4: Further, tithes should serve not only for the support of the clergy, but also for the assistance of the poor. Therefore, if the clergy are exempt from paying tithes, so too are the poor. Yet the latter is not true. Therefore the former is false.

On the contrary, A decretal of Pope Paschal [*Paschal II] says: "It is a new form of exaction when the clergy demand tithes from the clergy" [*Cap. Novum genus, de Decimis, etc.].

I answer that, The cause of giving cannot be the cause of receiving, as neither can the cause of action be the cause of passion; yet it happens that one and the same person is giver and receiver, even as agent and patient, on account of different causes and from different points of view. Now tithes are due to the clergy as being ministers of the altar and sowers of spiritual things among the people. Wherefore those members of the clergy as such, i.e. as having ecclesiastical property, are not bound to pay tithes; whereas from some other cause through holding property in their own right, either by inheriting it from their kindred, or by purchase, or in any other similar manner, they are bound to the payment of tithes.

Hence the Reply to the First Objection is clear, because the clergy like anyone else are bound to pay tithes on their own lands to the parish church, even though they be the clergy of that same church, because to possess a thing as one's private property is not the same as possessing it in common. But church lands are not tithable, even though they be within the boundaries of another parish.

Reply Obj. 2: Religious who are clerics, if they have care of souls, and dispense spiritual things to the people, are not bound to pay tithes, but they may receive them. Another reason applies to other religious, who though clerics do not dispense spiritual things to the people; for according to the ordinary law they are bound to pay tithes, but they are somewhat exempt by reason of various concessions granted by the Apostolic See [*Cap. Ex multiplici, Ex parte, and Ad audientiam, de Decimis, etc.].

Reply Obj. 3: In the Old Law first-fruits were due to the priests, and tithes to the Levites; and since the Levites were below the priests, the Lord commanded that the former should pay the high-priest "the tenth part of the tenth" [*Num. 18:26] instead of first-fruits: wherefore for the same reason the clergy are bound now to pay tithes to the Sovereign Pontiff, if he demanded them. For natural reason dictates that he who has charge of the common estate of a multitude should be provided with all goods, so that he may be able to carry out whatever is necessary for the common welfare.

Reply Obj. 4: Tithes should be employed for the assistance of the poor, through the dispensation of the clergy. Hence the poor have no reason for accepting tithes, but they are bound to pay them.


QUESTION 88

OF VOWS (In Twelve Articles)

We must now consider vows, whereby something is promised to God. Under this head there are twelve points of inquiry:

(1) What is a vow?

(2) What is the matter of a vow?

(3) Of the obligation of vows;

(4) Of the use of taking vows;

(5) Of what virtue is it an act?

(6) Whether it is more meritorious to do a thing from a vow, than without a vow?

(7) Of the solemnizing of a vow;

(8) Whether those who are under another's power can take vows?

(9) Whether children may be bound by vow to enter religion?

(10) Whether a vow is subject to dispensation or commutation?

(11) Whether a dispensation can be granted in a solemn vow of continence?

(12) Whether the authority of a superior is required in a dispensation from a vow?


FIRST ARTICLE [II-II, Q. 88, Art. 1]

Whether a Vow Consists in a Mere Purpose of the Will?

Objection 1: It would seem that a vow consists in nothing but a purpose of the will. According to some [*William of Auxerre, Sum. Aur. III, xxviii, qu. 1; Albertus Magnus, Sent. iv, D, 38], "a vow is a conception of a good purpose after a firm deliberation of the mind, whereby a man binds himself before God to do or not to do a certain thing." But the conception of a good purpose and so forth, may consist in a mere movement of the will. Therefore a vow consists in a mere purpose of the will.

Obj. 2: Further, the very word vow seems to be derived from voluntas (will), for one is said to do a thing proprio voto (by one's own vow) when one does it voluntarily. Now to purpose is an act of the will, while to promise is an act of the reason. Therefore a vow consists in a mere act of the will.

Obj. 3: Further, our Lord said (Luke 9:62): "No man putting his hand to the plough, and looking back, is fit for the kingdom of God." Now from the very fact that a man has a purpose of doing good, he puts his hand to the plough. Consequently, if he look back by desisting from his good purpose, he is not fit for the kingdom of God. Therefore by a mere good purpose a man is bound before God, even without making a promise; and consequently it would seem that a vow consists in a mere purpose of the will.

On the contrary, It is written (Eccles. 5:3): "If thou hast vowed anything to God, defer not to pay it, for an unfaithful and foolish promise displeaseth Him." Therefore to vow is to promise, and a vow is a promise.

I answer that, A vow denotes a binding to do or omit some particular thing. Now one man binds himself to another by means of a promise, which is an act of the reason to which faculty it belongs to direct. For just as a man by commanding or praying, directs, in a fashion, what others are to do for him, so by promising he directs what he himself is to do for another. Now a promise between man and man can only be expressed in words or any other outward signs; whereas a promise can be made to God by the mere inward thought, since according to 1 Kings 16:7, "Man seeth those things that appear, but the Lord beholdeth the heart." Yet we express words outwardly sometimes, either to arouse ourselves, as was stated above with regard to prayer (Q. 83, A. 12), or to call others to witness, so that one may refrain from breaking the vow, not only through fear of God, but also through respect of men. Now a promise is the outcome from a purpose of doing something: and a purpose presupposes deliberation, since it is the act of a deliberate will. Accordingly three things are essential to a vow: the first is deliberation; the second is a purpose of the will; and the third is a promise, wherein is completed the nature of a vow. Sometimes, however, two other things are added as a sort of confirmation of the vow, namely, pronouncement by word of mouth, according to Ps. 65:13, "I will pay Thee my vows which my lips have uttered"; and the witnessing of others. Hence the Master says (Sent. iv, D, 38) that a vow is "the witnessing of a spontaneous promise and ought to be made to God and about things relating to God": although the "witnessing" may strictly refer to the inward protestation.

Reply Obj. 1: The conceiving of a good purpose is not confirmed by the deliberation of the mind, unless the deliberation lead to a promise.

Reply Obj. 2: Man's will moves the reason to promise something relating to things subject to his will, and a vow takes its name from the will forasmuch as it proceeds from the will as first mover.

Reply Obj. 3: He that puts his hand to the plough does something already; while he that merely purposes to do something does nothing so far. When, however, he promises, he already sets about doing, although he does not yet fulfil his promise: even so, he that puts his hand to the plough does not plough yet, nevertheless he stretches out his hand for the purpose of ploughing.


SECOND ARTICLE [II-II, Q. 88, Art. 2]

Whether a Vow Should Always Be About a Better Good?

Objection 1: It would seem that a vow need not be always about a better good. A greater good is one that pertains to supererogation. But vows are not only about matters of supererogation, but also about matters of salvation: thus in Baptism men vow to renounce the devil and his pomps, and to keep the faith, as a gloss observes on Ps. 75:12, "Vow ye, and pay to the Lord your God"; and Jacob vowed (Gen. 28:21) that the Lord should be his God. Now this above all is necessary for salvation. Therefore vows are not only about a better good.

Obj. 2: Further, Jephte is included among the saints (Heb. 11:32). Yet he killed his innocent daughter on account of his vow (Judges 11). Since, then, the slaying of an innocent person is not a better good, but is in itself unlawful, it seems that a vow may be made not only about a better good, but also about something unlawful.

Obj. 3: Further, things that tend to be harmful to the person, or that are quite useless, do not come under the head of a better good. Yet sometimes vows are made about immoderate vigils or fasts which tend to injure the person: and sometimes vows are about indifferent matters and such as are useful to no purpose. Therefore a vow is not always about a better good.

On the contrary, It is written (Deut. 23:22): "If thou wilt not promise thou shalt be without sin."

I answer that, As stated above (A. 1), a vow is a promise made to God. Now a promise is about something that one does voluntarily for someone else: since it would be not a promise but a threat to say that one would do something against someone. In like manner it would be futile to promise anyone something unacceptable to him. Wherefore, as every sin is against God, and since no work is acceptable to God unless it be virtuous, it follows that nothing unlawful or indifferent, but only some act of virtue, should be the matter of a vow. But as a vow denotes a voluntary promise, while necessity excludes voluntariness, whatever is absolutely necessary, whether to be or not to be, can nowise be the matter of a vow. For it would be foolish to vow that one would die or that one would not fly.

On the other hand, if a thing be necessary, not absolutely but on the supposition of an end--for instance if salvation be unattainable without it--it may be the matter of a vow in so far as it is done voluntarily, but not in so far as there is a necessity for doing it. But that which is not necessary, neither absolutely, nor on the supposition of an end, is altogether voluntary, and therefore is most properly the matter of a vow. And this is said to be a greater good in comparison with that which is universally necessary for salvation. Therefore, properly speaking, a vow is said to be about a better good.

Reply Obj. 1: Renouncing the devil's pomps and keeping the faith of Christ are the matter of baptismal vows, in so far as these things are done voluntarily, although they are necessary for salvation. The same answer applies to Jacob's vow: although it may also be explained that Jacob vowed that he would have the Lord for his God, by giving Him a special form of worship to which he was not bound, for instance by offering tithes and so forth as mentioned further on in the same passage.

Reply Obj. 2: Certain things are good, whatever be their result; such are acts of virtue, and these can be, absolutely speaking, the matter of a vow: some are evil, whatever their result may be; as those things which are sins in themselves, and these can nowise be the matter of a vow: while some, considered in themselves, are good, and as such may be the matter of a vow, yet they may have an evil result, in which case the vow must not be kept. It was thus with the vow of Jephte, who as related in Judges 11:30, 31, "made a vow to the Lord, saying: If Thou wilt deliver the children of Ammon into my hands, whosoever shall first come forth out of the doors of my house, and shall meet me when I return in peace . . . the same will I offer a holocaust to the Lord." For this could have an evil result if, as indeed happened, he were to be met by some animal which it would be unlawful to sacrifice, such as an ass or a human being. Hence Jerome says [*Implicitly 1 Contra Jovin.: Comment. in Micheam vi, viii: Comment. in Jerem. vii. The quotation is from Peter Comestor, Hist. Scholast.]: "In vowing he was foolish, through lack of discretion, and in keeping his vow he was wicked." Yet it is premised (Judges 11:29) that "the Spirit of the Lord came upon him," because his faith and devotion, which moved him to make that vow, were from the Holy Ghost; and for this reason he is reckoned among the saints, as also by reason of the victory which he obtained, and because it is probable that he repented of his sinful deed, which nevertheless foreshadowed something good.

Reply Obj. 3: The mortification of one's own body, for instance by vigils and fasting, is not acceptable to God except in so far as it is an act of virtue; and this depends on its being done with due discretion, namely, that concupiscence be curbed without overburdening nature. On this condition such things may be the matter of a vow. Hence the Apostle after saying (Rom. 12:1), "Present your bodies a living sacrifice, holy, pleasing to God," adds, "your reasonable service." Since, however, man is easily mistaken in judging of matters concerning himself, such vows as these are more fittingly kept or disregarded according to the judgment of a superior, yet so that, should a man find that without doubt he is seriously burdened by keeping such a vow, and should he be unable to appeal to his superior, he ought not to keep it. As to vows about vain and useless things they should be ridiculed rather than kept.


THIRD ARTICLE [II-II, Q. 88, Art. 3]

Whether All Vows Are Binding?

Objection 1: It would seem that vows are not all binding. For man needs things that are done by another, more than God does, since He has no need for our goods (Ps. 15:2). Now according to the prescription of human laws [*Dig. L. xii, de pollicitat., i] a simple promise made to a man is not binding; and this seems to be prescribed on account of the changeableness of the human will. Much less binding therefore is a simple promise made to God, which we call a vow.

Obj. 2: Further, no one is bound to do what is impossible. Now sometimes that which a man has vowed becomes impossible to him, either because it depends on another's decision, as when, for instance, a man vows to enter a monastery, the monks of which refuse to receive him: or on account of some defect arising, for instance when a woman vows virginity, and afterwards is deflowered; or when a man vows to give a sum of money, and afterwards loses it. Therefore a vow is not always binding.

Obj. 3: Further, if a man is bound to pay something, he must do so at once. But a man is not bound to pay his vow at once, especially if it be taken under a condition to be fulfilled in the future. Therefore a vow is not always binding.

On the contrary, It is written (Eccles. 5:3, 4): "Whatsoever thou hast vowed, pay it; and it is much better not to vow, than after a vow not to perform the things promised."

I answer that, For one to be accounted faithful one must keep one's promises. Wherefore, according to Augustine [*Ep. xxxii, 2: De Mendac. xx] faith takes its name "from a man's deed agreeing with his word" [*Fides . . . fiunt dicta. Cicero gives the same etymology (De Offic. i, 7)]. Now man ought to be faithful to God above all, both on account of God's sovereignty, and on account of the favors he has received from God. Hence man is obliged before all to fulfill the vows he has made to God, since this is part of the fidelity he owes to God. On the other hand, the breaking of a vow is a kind of infidelity. Wherefore Solomon gives the reason why vows should be paid to God, because "an unfaithful . . . promise displeaseth Him" [*Eccles. 5:3].

Reply Obj. 1: Honesty demands that a man should keep any promise he makes to another man, and this obligation is based on the natural law. But for a man to be under a civil obligation through a promise he has made, other conditions are requisite. And although God needs not our goods, we are under a very great obligation to Him: so that a vow made to Him is most binding.

Reply Obj. 2: If that which a man has vowed becomes impossible to him through any cause whatsoever, he must do what he can, so that he have at least a will ready to do what he can. Hence if a man has vowed to enter a monastery, he must endeavor to the best of his power to be received there. And if his intention was chiefly to bind himself to enter the religious life, so that, in consequence, he chose this particular form of religious life, or this place, as being most agreeable to him, he is bound, should he be unable to be received there, to enter the religious life elsewhere. But if his principal intention is to bind himself to this particular kind of religious life, or to this particular place, because the one or the other pleases him in some special way, he is not bound to enter another religious house, if they are unwilling to receive him into this particular one. On the other hand, if he be rendered incapable of fulfilling his vow through his own fault, he is bound over and above to do penance for his past fault: thus if a woman has vowed virginity and is afterwards violated, she is bound not only to observe what is in her power, namely, perpetual continency, but also to repent of what she has lost by sinning.

Reply Obj. 3: The obligation of a vow is caused by our own will and intention, wherefore it is written (Deut. 23:23): "That which is once gone out of thy lips, thou shalt observe, and shalt do as thou hast promised to the Lord thy God, and hast spoken with thy own will and with thy own mouth." Wherefore if in taking a vow, it is one's intention and will to bind oneself to fulfil it at once, one is bound to fulfil it immediately. But if one intend to fulfil it at a certain time, or under a certain condition, one is not bound to immediate fulfilment. And yet one ought not to delay longer than one intended to bind oneself, for it is written (Deut. 23:21): "When thou hast made a vow to the Lord thy God thou shalt not delay to pay it: because the Lord thy God will require it; and if thou delay, it shall be imputed to thee for a sin."


FOURTH ARTICLE [II-II, Q. 88, Art. 4]

Whether It Is Expedient to Take Vows?

Objection 1: It would seem that it is not expedient to take vows. It is not expedient to anyone to deprive himself of the good that God has given him. Now one of the greatest goods that God has given man is liberty whereof he seems to be deprived by the necessity implicated in a vow. Therefore it would seem inexpedient for man to take vows.

Obj. 2: Further, no one should expose himself to danger. But whoever takes a vow exposes himself to danger, since that which, before taking a vow, he could omit without danger, becomes a source of danger to him if he should not fulfil it after taking the vow. Hence Augustine says (Ep. cxxvii, ad Arment. et Paulin.): "Since thou hast vowed, thou hast bound thyself, thou canst not do otherwise. If thou dost not what thou hast vowed thou wilt not be as thou wouldst have been hadst thou not vowed. For then thou wouldst have been less great, not less good: whereas now if thou breakest faith with God (which God forbid) thou art the more unhappy, as thou wouldst have been happier, hadst thou kept thy vow." Therefore it is not expedient to take vows.

Obj. 3: Further, the Apostle says (1 Cor. 4:16): "Be ye followers of me, as I also am of Christ." But we do not read that either Christ or the Apostles took any vows. Therefore it would seem inexpedient to take vows.

On the contrary, It is written (Ps. 75:12): "Vow ye and pay to the Lord your God."

I answer that, As stated above (AA. 1, 2), a vow is a promise made to God. Now one makes a promise to a man under one aspect, and to God under another. Because we promise something to a man for his own profit; since it profits him that we should be of service to him, and that we should at first assure him of the future fulfilment of that service: whereas we make promises to God not for His but for our own profit. Hence Augustine says (Ep. cxxvii, ad Arment. et Paulin.): "He is a kind and not a needy exactor, for he does not grow rich on our payments, but makes those who pay Him grow rich in Him." And just as what we give God is useful not to Him but to us, since "what is given Him is added to the giver," as Augustine says (Ep. cxxvii, ad Arment. et Paulin.), so also a promise whereby we vow something to God, does not conduce to His profit, nor does He need to be assured by us, but it conduces to our profit, in so far as by vowing we fix our wills immovably on that which it is expedient to do. Hence it is expedient to take vows.

Reply Obj. 1: Even as one's liberty is not lessened by one being unable to sin, so, too, the necessity resulting from a will firmly fixed to good does not lessen the liberty, as instanced in God and the blessed. Such is the necessity implied by a vow, bearing a certain resemblance to the confirmation of the blessed. Hence, Augustine says (Ep. cxxvii, ad Arment. et Paulin.) that "happy is the necessity that compels us to do the better things."

Reply Obj. 2: When danger arises from the deed itself, this deed is not expedient, for instance that one cross a river by a tottering bridge: but if the danger arise through man's failure in the deed, the latter does not cease to be expedient: thus it is expedient to mount on horseback, though there be the danger of a fall from the horse: else it would behoove one to desist from all good things, that may become dangerous accidentally. Wherefore it is written (Eccles. 11:4): "He that observeth the wind shall not sow, and he that considereth the clouds shall never reap." Now a man incurs danger, not from the vow itself, but from his fault, when he changes his mind by breaking his vow. Hence, Augustine says (Ep. cxxvii, ad Arment. et Paulin.): "Repent not of thy vow: thou shouldst rather rejoice that thou canst no longer do what thou mightest lawfully have done to thy detriment."

Reply Obj. 3: It was incompetent for Christ, by His very nature, to take a vow, both because He was God, and because, as man, His will was firmly fixed on the good, since He was a comprehensor. By a kind of similitude, however, He is represented as saying (Ps. 21:26): "I will pay my vows in the sight of them that fear Him," when He is speaking of His body, which is the Church.

The apostles are understood to have vowed things pertaining to the state of perfection when "they left all things and followed Christ."


FIFTH ARTICLE [II-II, Q. 88, Art. 5]

Whether a Vow Is an Act of Latria or Religion?

Objection 1: It would seem that a vow is not an act of latria or religion. Every act of virtue is matter for a vow. Now it would seem to pertain to the same virtue to promise a thing and to do it. Therefore a vow pertains to any virtue and not to religion especially.

Obj. 2: Further, according to Tully (De Invent. ii, 53) it belongs to religion to offer God worship and ceremonial rites. But he who takes a vow does not yet offer something to God, but only promises it. Therefore, a vow is not an act of religion.

Obj. 3: Further, religious worship should be offered to none but God. But a vow is made not only to God, but also to the saints and to one's superiors, to whom religious vow obedience when they make their profession. Therefore, a vow is not an act of religion.

On the contrary, It is written (Isa. 19:21): "(The Egyptians) shall worship Him with sacrifices and offerings and they shall make vows to the Lord, and perform them." Now, the worship of God is properly the act of religion or latria. Therefore, a vow is an act of latria or religion.

I answer that, As stated above (Q. 81, A. 1, ad 1), every act of virtue belongs to religion or latria by way of command, in so far as it is directed to the reverence of God which is the proper end of latria. Now the direction of other actions to their end belongs to the commanding virtue, not to those which are commanded. Therefore the direction of the acts of any virtue to the service of God is the proper act of latria.

Now, it is evident from what has been said above (AA. 1, 2) that a vow is a promise made to God, and that a promise is nothing else than a directing of the thing promised to the person to whom the promise is made. Hence a vow is a directing of the thing vowed to the worship or service of God. And thus it is clear that to take a vow is properly an act of latria or religion.

Reply Obj. 1: The matter of a vow is sometimes the act of another virtue, as, for instance, keeping the fast or observing continency; while sometimes it is an act of religion, as offering a sacrifice or praying. But promising either of them to God belongs to religion, for the reason given above. Hence it is evident that some vows belong to religion by reason only of the promise made to God, which is the essence of a vow, while others belong thereto by reason also of the thing promised, which is the matter of the vow.

Reply Obj. 2: He who promises something gives it already in as far as he binds himself to give it: even as a thing is said to be made when its cause is made, because the effect is contained virtually in its cause. This is why we thank not only a giver, but also one who promises to give.

Reply Obj. 3: A vow is made to God alone, whereas a promise may be made to a man also: and this very promise of good, which is made to a man, may be the matter of a vow, and in so far as it is a virtuous act. This is how we are to understand vows whereby we vow something to the saints or to one's superiors: so that the promise made to the saints or to one's superiors is the matter of the vow, in so far as one vows to God to fulfil what one has promised to the saints or one's superiors.


SIXTH ARTICLE [II-II, Q. 88, Art. 6]

Whether It Is More Praiseworthy and Meritorious to Do Something in Fulfilment of a Vow, Than Without a Vow?

Objection 1: It would seem that it is more praiseworthy and meritorious to do a thing without a vow than in fulfilment of a vow. Prosper says (De Vita Contempl. ii): "We should abstain or fast without putting ourselves under the necessity of fasting, lest that which we are free to do be done without devotion and unwillingly." Now he who vows to fast puts himself under the necessity of fasting. Therefore it would be better for him to fast without taking the vow.

Obj. 2: Further, the Apostle says (2 Cor. 9:7): "Everyone as he hath determined in his heart, not with sadness, or of necessity: for God loveth a cheerful giver." Now some fulfil sorrowfully what they have vowed: and this seems to be due to the necessity arising from the vow, for necessity is a cause of sorrow according to Metaph. v [*Ed. Did. iv, 5]. Therefore, it is better to do something without a vow, than in fulfilment of a vow.

Obj. 3: Further, a vow is necessary for the purpose of fixing the will on that which is vowed, as stated above (A. 4). But the will cannot be more fixed on a thing than when it actually does that thing. Therefore it is no better to do a thing in fulfilment of a vow than without a vow.

On the contrary, A gloss on the words of Ps. 75:12, "Vow ye and pay," says: "Vows are counseled to the will." But a counsel is about none but a better good. Therefore it is better to do a deed in fulfilment of a vow than without a vow: since he that does it without a vow fulfils only one counsel, viz. the counsel to do it, whereas he that does it with a vow, fulfils two counsels, viz. the counsel to vow and the counsel to do it.

I answer that, For three reasons it is better and more meritorious to do one and the same deed with a vow than without. First, because to vow, as stated above (A. 5) is an act of religion which is the chief of the moral virtues. Now the more excellent the virtue the better and more meritorious the deed. Wherefore the act of an inferior virtue is the better and more meritorious for being commanded by a superior virtue, whose act it becomes through being commanded by it, just as the act of faith or hope is better if it be commanded by charity. Hence the works of the other moral virtues (for instance, fasting, which is an act of abstinence; and being continent, which is an act of chastity) are better and more meritorious, if they be done in fulfilment of a vow, since thus they belong to the divine worship, being like sacrifices to God. Wherefore Augustine says (De Virg. viii) that "not even is virginity honorable as such, but only when it is consecrated to God, and cherished by godly continence."

Secondly, because he that vows something and does it, subjects himself to God more than he that only does it; for he subjects himself to God not only as to the act, but also as to the power, since in future he cannot do something else. Even so he gives more who gives the tree with its fruit, than he that gives the fruit only, as Anselm [*Eadmer] observes (De Simil. viii). For this reason, we thank even those who promise, as stated above (A. 5, ad 2).

Thirdly, because a vow fixes the will on the good immovably and to do anything of a will that is fixed on the good belongs to the perfection of virtue, according to the Philosopher (Ethic. ii, 4), just as to sin with an obstinate mind aggravates the sin, and is called a sin against the Holy Ghost, as stated above (Q. 14, A. 2).

Reply Obj. 1: The passage quoted should be understood as referring to necessity of coercion which causes an act to be involuntary and excludes devotion. Hence he says pointedly: "Lest that which we are free to do be done without devotion and unwillingly." On the other hand the necessity resulting from a vow is caused by the immobility of the will, wherefore it strengthens the will and increases devotion. Hence the argument does not conclude.

Reply Obj. 2: According to the Philosopher, necessity of coercion, in so far as it is opposed to the will, causes sorrow. But the necessity resulting from a vow, in those who are well disposed, in so far as it strengthens the will, causes not sorrow but joy. Hence Augustine says (Ep. ad Arment. et Paulin. cxxcii): "Repent not of thy vow: thou shouldst rather rejoice that thou canst no longer do what thou mightest lawfully have done to thy detriment." If, however, the very deed, considered in itself, were to become disagreeable and involuntary after one has taken the vow, the will to fulfil it remaining withal, it is still more meritorious than if it were done without the vow, since the fulfilment of a vow is an act of religion which is a greater virtue than abstinence, of which fasting is an act.

Reply Obj. 3: He who does something without having vowed it has an immovable will as regards the individual deed which he does and at the time when he does it; but his will does not remain altogether fixed for the time to come, as does the will of one who makes a vow: for the latter has bound his will to do something, both before he did that particular deed, and perchance to do it many times.


SEVENTH ARTICLE [II-II, Q. 88, Art. 7]

Whether a Vow Is Solemnized by the Reception of Holy Orders, and by the Profession of a Certain Rule?

Objection 1: It would seem that a vow is not solemnized by the reception of holy orders and by the profession of a certain rule. As stated above (A. 1), a vow is a promise made to God. Now external actions pertaining to solemnity seem to be directed, not to God, but to men. Therefore they are related to vows accidentally: and consequently a solemnization of this kind is not a proper circumstance of a vow.

Obj. 2: Further, whatever belongs to the condition of a thing, would seem to be applicable to all in which that thing is found. Now many things may be the subject of a vow, which have no connection either with holy orders, or to any particular rule: as when a man vows a pilgrimage, or something of the kind. Therefore the solemnization that takes place in the reception of holy orders or in the profession of a certain rule does not belong to the condition of a vow.

Obj. 3: Further, a solemn vow seems to be the same as a public vow. Now many other vows may be made in public besides that which is pronounced in receiving holy orders or in professing a certain rule; which latter, moreover, may be made in private. Therefore not only these vows are solemn.

On the contrary, These vows alone are an impediment to the contract of marriage, and annul marriage if it be contracted, which is the effect of a solemn vow, as we shall state further on in the Third Part of this work [*Suppl., Q. 53, A. 2].

I answer that, The manner in which a thing is solemnized depends on its nature (conditio): thus when a man takes up arms he solemnizes the fact in one way, namely, with a certain display of horses and arms and a concourse of soldiers, while a marriage is solemnized in another way, namely, the array of the bridegroom and bride and the gathering of their kindred. Now a vow is a promise made to God: wherefore, the solemnization of a vow consists in something spiritual pertaining to God; i.e. in some spiritual blessing or consecration which, in accordance with the institution of the apostles, is given when a man makes profession of observing a certain rule, in the second degree after the reception of holy orders, as Dionysius states (Eccl. Hier. vi). The reason of this is that solemnization is not wont to be employed, save when a man gives himself up entirely to some particular thing. For the nuptial solemnization takes place only when the marriage is celebrated, and when the bride and bridegroom mutually deliver the power over their bodies to one another. In like manner a vow is solemnized when a man devotes himself to the divine ministry by receiving holy orders, or embraces the state of perfection by renouncing the world and his own will by the profession of a certain rule.

Reply Obj. 1: This kind of solemnization regards not only men but also God in so far as it is accompanied by a spiritual consecration or blessing, of which God is the author, though man is the minister, according to Num. 6:27, "They shall invoke My name upon the children of Israel, and I will bless them." Hence a solemn vow is more binding with God than a simple vow, and he who breaks a solemn vow sins more grievously. When it is said that a simple vow is no less binding than a solemn vow, this refers to the fact that the transgressor of either commits a mortal sin.

Reply Obj. 2: It is not customary to solemnize particular acts, but the embracing of a new state, as we have said above. Hence when a man vows particular deeds, such as a pilgrimage, or some special fast, such a vow is not competent to be solemnized, but only such as the vow whereby a man entirely devotes himself to the divine ministry or service: and yet many particular works are included under this vow as under a universal.

Reply Obj. 3: Through being pronounced in public vows may have a certain human solemnity, but not a spiritual and divine solemnity, as the aforesaid vows have, even when they are pronounced before a few persons. Hence the publicity of a vow differs from its solemnization.


EIGHTH ARTICLE [II-II, Q. 88, Art. 8]

Whether Those Who Are Subject to Another's Power Are Hindered from Taking Vows?

Objection 1: It would seem that those who are subject to another's power are not hindered from taking vows. The lesser bond is surpassed by the greater. Now the obligation of one man subject to another is a lesser bond than a vow whereby one is under an obligation to God. Therefore those who are subject to another's power are not hindered from taking vows.

Obj. 2: Further, children are under their parents' power. Yet children may make religious profession even without the consent of their parents. Therefore one is not hindered from taking vows, through being subject to another's power.

Obj. 3: Further, to do is more than to promise. But religious who are under the power of their superiors can do certain things such as to say some psalms, or abstain from certain things. Much more therefore seemingly can they promise such things to God by means of vows.

Obj. 4: Further, whoever does what he cannot do lawfully sins. But subjects do not sin by taking vows, since nowhere do we find this forbidden. Therefore it would seem that they can lawfully take vows.

On the contrary, It is commanded (Num. 30:4-6) that "if a woman vow any thing . . . being in her father's house, and yet but a girl in age," she is not bound by the vow, unless her father consent: and the same is said there (Num. 30:7-9) of the woman that has a husband. Therefore in like manner other persons that are subject to another's power cannot bind themselves by vow.

I answer that, As stated above (A. 1), a vow is a promise made to God. Now no man can firmly bind himself by a promise to do what is in another's power, but only to that which is entirely in his own power. Now whoever is subject to another, as to the matter wherein he is subject to him, it does not lie in his power to do as he will, but it depends on the will of the other. And therefore without the consent of his superior he cannot bind himself firmly by a vow in those matters wherein he is subject to another.

Reply Obj. 1: Nothing but what is virtuous can be the subject of a promise made to God, as stated above (A. 2). Now it is contrary to virtue for a man to offer to God that which belongs to another, as stated above (Q. 86, A. 3). Hence the conditions necessary for a vow are not altogether ensured, when a man who is under another's power vows that which is in that other's power, except under the condition that he whose power it concerns does not gainsay it.

Reply Obj. 2: As soon as a man comes of age, if he be a freeman he is in his own power in all matters concerning his person, for instance with regard to binding himself by vow to enter religion, or with regard to contracting marriage. But he is not in his own power as regards the arrangements of the household, so that in these matters he cannot vow anything that shall be valid without the consent of his father.

A slave, through being in his master's power, even as regards his personal deeds, cannot bind himself by vow to enter religion, since this would withdraw him from his master's service.

Reply Obj. 3: A religious is subject to his superior as to his actions connected with his profession of his rule. Wherefore even though one may be able to do something now and then, when one is not being occupied with other things by one's superior, yet since there is no time when his superior cannot occupy him with something, no vow of a religious stands without the consent of his superior, as neither does the vow of a girl while in (her father's) house without his consent; nor of a wife, without the consent of her husband.

Reply Obj. 4: Although the vow of one who is subject to another's power does not stand without the consent of the one to whom he is subject, he does not sin by vowing; because his vow is understood to contain the requisite condition, providing, namely, that his superior approve or do not gainsay it.


NINTH ARTICLE [II-II, Q. 88, Art. 9]

Whether Children Can Bind Themselves by Vow to Enter Religion?

Objection 1: It would seem that children cannot bind themselves by vow to enter religion. Since a vow requires deliberation of the mind, it is fitting that those alone should vow who have the use of reason. But this is lacking in children just as in imbeciles and madmen. Therefore just as imbeciles and madmen cannot bind themselves to anything by vow, so neither, seemingly, can children bind themselves by vow to enter religion.

Obj. 2: Further, that which can be validly done by one cannot be annulled by another. Now a vow to enter religion made by a boy or girl before the age of puberty can be revoked by the parents or guardian (20, qu. ii, cap. Puella). Therefore it seems that a boy or girl cannot validly make a vow before the age of fourteen.

Obj. 3: Further, according to the rule of Blessed Benedict [*Ch. 58] and a statute of Innocent IV, a year's probation is granted to those who enter religion, so that probation may precede the obligation of the vow. Therefore it seems unlawful, before the year of probation, for children to be bound by vow to enter religion.

On the contrary, That which is not done aright is invalid without being annulled by anyone. But the vow pronounced by a maiden, even before attaining the age of puberty, is valid, unless it be annulled by her parents within a year (20, qu. ii, cap. Puella). Therefore even before attaining to puberty children can lawfully and validly be bound by a vow to enter religion.

I answer that, As may be gathered from what has been said above (A. 7), vows are of two kinds, simple and solemn. And since, as stated in the same article, the solemnization of a vow consists in a spiritual blessing and consecration bestowed through the ministry of the Church, it follows that it comes under the Church's dispensation. Now a simple vow takes its efficacy from the deliberation of the mind, whereby one intends to put oneself under an obligation. That such an obligation be of no force may happen in two ways. First, through defect of reason, as in madmen and imbeciles, who cannot bind themselves by vow so long as they remain in a state of madness or imbecility. Secondly, through the maker of a vow being subject to another's power, as stated above (A. 8). Now these two circumstances concur in children before the age of puberty, because in most instances they are lacking in reason, and besides are naturally under the care of their parents, or guardians in place of their parents: wherefore in both events their vows are without force. It happens, however, through a natural disposition which is not subject to human laws, that the use of reason is accelerated in some, albeit few, who on this account are said to be capable of guile: and yet they are not, for this reason, exempt in any way from the care of their parents; for this care is subject to human law, which takes into account that which is of most frequent occurrence.

Accordingly we must say that boys or girls who have not reached the years of puberty and have not attained the use of reason can nowise bind themselves to anything by vow. If, however, they attain the use of reason, before reaching the years of puberty, they can for their own part, bind themselves by vow; but their vows can be annulled by their parents, under whose care they are still subject.

Yet no matter how much they be capable of guile before the years of puberty, they cannot be bound by a solemn religious vow, on account of the Church's decree [*Sext. Decret. cap. Is qui, de Reg. et transeunt. ad Relig.] which considers the majority of cases. But after the years of puberty have been reached, they can bind themselves by religious vows, simple or solemn, without the consent of their parents.

Reply Obj. 1: This argument avails in the case of children who have not yet reached the use of reason: for their vows then are invalid, as stated above.

Reply Obj. 2: The vows of persons subject to another's power contain an implied condition, namely, that they be not annulled by the superior. This condition renders them licit and valid if it be fulfilled, as stated above.

Reply Obj. 3: This argument avails in the case of solemn vows which are taken in profession.


TENTH ARTICLE [II-II, Q. 88, Art. 10]

Whether Vows Admit of Dispensation?

Objection 1: It would seem that vows are not subject to dispensation. It is less to have a vow commuted than to be dispensed from keeping it. But a vow cannot be commuted, according to Lev. 27:9, 10, "A beast that may be sacrificed to the Lord, if anyone shall vow, shall be holy, and cannot be changed, neither a better for a worse, nor a worse for a better." Much less, therefore, do vows admit of dispensation.

Obj. 2: Further, no man can grant a dispensation in matters concerning the natural law and in the Divine precepts, especially those of the First Table, since these aim directly at the love of God, which is the last end of the precepts. Now the fulfilment of a vow is a matter of the natural law, and is commanded by the Divine law, as shown above (A. 3), and belongs to the precepts of the First Table since it is an act of religion. Therefore vows do not admit of dispensation.

Obj. 3: Further, the obligation of a vow is based on the fidelity which a man owes to God, as stated above (A. 3). But no man can dispense in such a matter as this. Neither, therefore, can any one grant a dispensation from a vow.

On the contrary, That which proceeds from the common will of many has apparently greater stability than that which proceeds from the individual will of some one person. Now the law which derives its force from the common will admits of dispensation by a man. Therefore it seems that vows also admit of dispensation by a man.

I answer that, The dispensation from a vow is to be taken in the same sense as a dispensation given in the observance of a law because, as stated above (I-II, Q. 96, A. 6; Q. 97, A. 4), a law is made with an eye to that which is good in the majority of instances. But since in certain cases this is not good, there is need for someone to decide that in that particular case the law is not to be observed. This is properly speaking to dispense in the law: for a dispensation would seem to denote a commensurate distribution or application of some common thing to those that are contained under it, in the same way as a person is said to dispense food to a household.

In like manner a person who takes a vow makes a law for himself as it were, and binds himself to do something which in itself and in the majority of cases is a good. But it may happen that in some particular case this is simply evil, or useless, or a hindrance to a greater good: and this is essentially contrary to that which is the matter of a vow, as is clear from what has been said above (A. 2). Therefore it is necessary, in such a case, to decide that the vow is not to be observed. And if it be decided absolutely that a particular vow is not to be observed, this is called a "dispensation" from that vow; but if some other obligation be imposed in lieu of that which was to have been observed, the vow is said to be "commuted." Hence it is less to commute a vow than to dispense from a vow: both, however, are in the power of the Church.

Reply Obj. 1: An animal that could be lawfully sacrificed was deemed holy from the very moment that it was the subject of a vow, being, as it were, dedicated to the worship of God: and for this reason it could not be changed: even so neither may one now exchange for something better, or worse, that which one has vowed, if it be already consecrated, e.g. a chalice or a house. On the other hand, an animal that could not be sacrificed, through not being the lawful matter of a sacrifice, could and had to be bought back, as the law requires. Even so, vows can be commuted now, if no consecration has intervened.

Reply Obj. 2: Even as man is bound by natural law and Divine precept to fulfil his vow, so, too, is he bound under the same heads to obey the law or commands of his superiors. And yet when he is dispensed from keeping a human law, this does not involve disobedience to that human law, for this would be contrary to the natural law and the Divine command; but it amounts to this--that what was law is not law in this particular case. Even so, when a superior grants a dispensation, that which was contained under a vow is by his authority no longer so contained, in so far as he decides that in this case such and such a thing is not fitting matter for a vow. Consequently when an ecclesiastical superior dispenses someone from a vow, he does not dispense him from keeping a precept of the natural or of the Divine law, but he pronounces a decision on a matter to which a man had bound himself of his own accord, and of which he was unable to consider every circumstance.

Reply Obj. 3: The fidelity we owe to God does not require that we fulfil that which it would be wrong or useless to vow, or which would be an obstacle to the greater good whereunto the dispensation from that vow would conduce. Hence the dispensation from a vow is not contrary to the fidelity due to God.


ELEVENTH ARTICLE [II-II, Q. 88, Art. 11]

Whether It Is Possible to Be Dispensed from a Solemn Vow of Continency?

Objection 1: It would seem that it is possible to be dispensed from a solemn vow of continency. As stated above, one reason for granting a dispensation from a vow is if it be an obstacle to a greater good. But a vow of continency, even though it be solemn, may be an obstacle to a greater good, since the common good is more God-like than the good of an individual. Now one man's continency may be an obstacle to the good of the whole community, for instance, in the case where, if certain persons who have vowed continency were to marry, the peace of their country might be procured. Therefore it seems that it is possible to be dispensed even from a solemn vow of continency.

Obj. 2: Further, religion is a more excellent virtue than chastity. Now if a man vows an act of religion, e.g. to offer sacrifice to God he can be dispensed from that vow. Much more, therefore, can he be dispensed from the vow of continency which is about an act of chastity.

Obj. 3: Further, just as the observance of a vow of abstinence may be a source of danger to the person, so too may be the observance of a vow of continency. Now one who takes a vow of abstinence can be dispensed from that vow if it prove a source of danger to his body. Therefore for the same reason one may be dispensed from a vow of continency.

Obj. 4: Further, just as the vow of continency is part of the religious profession, whereby the vow is solemnized, so also are the vows of poverty and obedience. But it is possible to be dispensed from the vows of poverty and obedience, as in the case of those who are appointed bishops after making profession. Therefore it seems that it is possible to be dispensed from a solemn vow of continency.

On the contrary, It is written (Ecclus. 26:20): "No price is worthy of a continent soul."

Further, (Extra, De Statu Monach.) at the end of the Decretal, Cum ad Monasterium, it is stated that the "renouncing of property, like the keeping of chastity, is so bound up with the monastic rule, that not even the Sovereign Pontiff can disperse from its observance."

I answer that, Three things may be considered in a solemn vow of continency: first, the matter of the vow, namely, continency; secondly, the perpetuity of the vow, namely, when a person binds himself by vow to the perpetual observance of chastity: thirdly, the solemnity of the vow. Accordingly, some [*William of Auxerre, Sum. Aur. III. vii. 1, qu. 5] say that the solemn vow cannot be a matter of dispensation, on account of the continency itself for which no worthy price can be found, as is stated by the authority quoted above. The reason for this is assigned by some to the fact that by continency man overcomes a foe within himself, or to the fact that by continency man is perfectly conformed to Christ in respect of purity of both body and soul. But this reason does not seem to be cogent since the goods of the soul, such as contemplation and prayer, far surpass the goods of the body and still more conform us to God, and yet one may be dispensed from a vow of prayer or contemplation. Therefore, continency itself absolutely considered seems no reason why the solemn vow thereof cannot be a matter of dispensation; especially seeing that the Apostle (1 Cor. 7:34) exhorts us to be continent on account of contemplation, when he says that the unmarried woman . . . "thinketh on the things of God [Vulg.: 'the Lord']," and since the end is of more account than the means.

Consequently others [*Albertus Magnus, Sent. iv, D, 38] find the reason for this in the perpetuity and universality of this vow. For they assert that the vow of continency cannot be canceled, save by something altogether contrary thereto, which is never lawful in any vow. But this is evidently false, because just as the practice of carnal intercourse is contrary to continency, so is eating flesh or drinking wine contrary to abstinence from such things, and yet these latter vows may be a matter for dispensation.

For this reason others [*Innocent IV, on the above decretal] maintain that one may be dispensed even from a solemn vow of continency, for the sake of some common good or common need, as in the case of the example given above (Obj. 1), of a country being restored to peace through a certain marriage to be contracted. Yet since the Decretal quoted says explicitly that "not even the Sovereign Pontiff can dispense a monk from keeping chastity," it follows seemingly, that we must maintain that, as stated above (A. 10, ad 1; cf. Lev. 27:9, 10, 28), whatsoever has once been sanctified to the Lord cannot be put to any other use. For no ecclesiastical prelate can make that which is sanctified to lose its consecration, not even though it be something inanimate, for instance a consecrated chalice to be not consecrated, so long as it remains entire. Much less, therefore, can a prelate make a man that is consecrated to God cease to be consecrated, so long as he lives. Now the solemnity of a vow consists in a kind of consecration or blessing of the person who takes the vow, as stated above (A. 7). Hence no prelate of the Church can make a man, who has pronounced a solemn vow, to be quit of that to which he was consecrated, e.g. one who is a priest, to be a priest no more, although a prelate may, for some particular reason, inhibit him from exercising his order. In like manner the Pope cannot make a man who has made his religious profession cease to be a religious, although certain jurists have ignorantly held the contrary.

We must therefore consider whether continency is essentially bound up with the purpose for which the vow is solemnized. Because if not, the solemnity of the consecration can remain without the obligation of continency, but not if continency is essentially bound up with that for which the vow is solemnized. Now the obligation of observing continency is connected with Holy Orders, not essentially but by the institution of the Church; wherefore it seems that the Church can grant a dispensation from the vow of continency solemnized by the reception of Holy Orders. On the other hand the obligation of observing continency is an essential condition of the religious state, whereby a man renounces the world and binds himself wholly to God's service, for this is incompatible with matrimony, in which state a man is under the obligation of taking to himself a wife, of begetting children, of looking after his household, and of procuring whatever is necessary for these purposes. Wherefore the Apostle says (1 Cor. 7:33) that "he that is with a wife, is solicitous for the things of the world, how he may please his wife; and he is divided." Hence the "monk" takes his name from "unity" [*The Greek monos] in contrast with this division. For this reason the Church cannot dispense from a vow solemnized by the religious profession; and the reason assigned by the Decretal is because "chastity is bound up with the monastic rule."

Reply Obj. 1: Perils occasioned by human affairs should be obviated by human means, not by turning divine things to a human use. Now a professed religious is dead to the world and lives to God, and so he must not be called back to the human life on the pretext of any human contingency.

Reply Obj. 2: A vow of temporal continency can be a matter of dispensation, as also a vow of temporal prayer or of temporal abstinence. But the fact that no dispensation can be granted from a vow of continency solemnized by profession is due, not to its being an act of chastity, but because through the religious profession it is already an act of religion.

Reply Obj. 3: Food is directly ordered to the upkeep of the person, therefore abstinence from food may be a direct source of danger to the person: and so on this count a vow of abstinence is a matter of dispensation. On the other hand sexual intercourse is directly ordered to the upkeep not of the person but of the species, wherefore to abstain from such intercourse by continency does not endanger the person. And if indeed accidentally it prove a source of danger to the person, this danger may be obviated by some other means, for instance by abstinence, or other corporal remedies.

Reply Obj. 4: A religious who is made a bishop is no more absolved from his vow of poverty than from his vow of continency, since he must have nothing of his own and must hold himself as being the dispenser of the common goods of the Church. In like manner neither is he dispensed from his vow of obedience; it is an accident that he is not bound to obey if he have no superior; just as the abbot of a monastery, who nevertheless is not dispensed from his vow of obedience.

The passage of Ecclesiasticus, which is put forward in the contrary sense, should be taken as meaning that neither fruitfulness of the of the flesh nor any bodily good is to be compared with continency, which is reckoned one of the goods of the soul, as Augustine declares (De Sanct. Virg. viii). Wherefore it is said pointedly "of a continent soul," not "of a continent body."


TWELFTH ARTICLE [II-II, Q. 88, Art. 12]

Whether the Authority of a Prelate Is Required for the Commutation or the Dispensation of a Vow?

Objection 1: It would seem that the authority of a prelate is not required for the commutation or dispensation of a vow. A person may enter religion without the authority of a superior prelate. Now by entering religion one is absolved from the vows he made in the world, even from the vow of making a pilgrimage to the Holy Land [*Cap. Scripturae, de Voto et Voti redempt.]. Therefore the commutation or dispensation of a vow is possible without the authority of a superior prelate.

Obj. 2: Further, to dispense anyone from a vow seems to consist in deciding in what circumstances he need not keep that vow. But if the prelate is at fault in his decision, the person who took the vow does not seem to be absolved from his vow, since no prelate can grant a dispensation contrary to the divine precept about keeping one's vows, as stated above (A. 10, ad 2; A. 11). Likewise, when anyone rightly determines of his own authority that in his case a vow is not to be kept, he would seem not to be bound; since a vow need not be kept if it have an evil result (A. 2, ad 2). Therefore the Authority of a prelate is not required that one may be dispensed from a vow.

Obj. 3: Further, if it belongs to a prelate's power to grant dispensations from vows, on the same count it is competent to all prelates, but it does not belong to all to dispense from every vow. Therefore it does not belong to the power of a prelate to dispense from vows.

On the contrary, A vow binds one to do something, even as a law does. Now the superior's authority is requisite for a dispensation from a precept of the law, as stated above (I-II, Q. 96, A. 6; Q. 97, A. 4). Therefore it is likewise required in a dispensation from a vow.

I answer that, As stated above (AA. 1, 2), a vow is a promise made to God about something acceptable to Him. Now if you promise something to anyone it depends on his decision whether he accept what you promise. Again in the Church a prelate stands in God's place. Therefore a commutation or dispensation of vows requires the authority of a prelate who in God's stead declares what is acceptable to God, according to 2 Cor. 2:10: "For [I] . . . have pardoned . . . for your sakes . . . in the person of Christ." And he says significantly "for your sakes," since whenever we ask a prelate for a dispensation we should do so to honor Christ in Whose person he dispenses, or to promote the interests of the Church which is His Body.

Reply Obj. 1: All other vows are about some particular works, whereas by the religious life a man consecrates his whole life to God's service. Now the particular is included in the universal, wherefore a Decretal [*Cap. Scripturae, de Voto et Voti redempt.] says that "a man is not deemed a vow-breaker if he exchange a temporal service for the perpetual service of religion." And yet a man who enters religion is not bound to fulfil the vows, whether of fasting or of praying or the like, which he made when in the world, because by entering religion he dies to his former life, and it is unsuitable to the religious life that each one should have his own observances, and because the burden of religion is onerous enough without requiring the addition of other burdens.

Reply Obj. 2: Some have held that prelates can dispense from vows at their will, for the reason that every vow supposes as a condition that the superior prelate be willing; thus it was stated above (A. 8) that the vow of a subject, e.g. of a slave or a son, supposes this condition, if "the father or master consent," or "does not dissent." And thus a subject might break his vow without any remorse of conscience, whenever his superior tells him to.

But this opinion is based on a false supposition: because a spiritual prelate being, not a master, but a dispenser, his power is given "unto edification, not for destruction" (2 Cor. 10:8), and consequently, just as he cannot command that which is in itself displeasing to God, namely, sin, so neither can he forbid what is in itself pleasing to God, namely, works of virtue. Therefore absolutely speaking man can vow them. But it does belong to a prelate to decide what is the more virtuous and the more acceptable to God. Consequently in matters presenting no difficulty, the prelate's dispensation would not excuse one from sin: for instance, if a prelate were to dispense a person from a vow to enter the religious life, without any apparent cause to prevent him from fulfilling his vow. But if some cause were to appear, giving rise, at least, to doubt, he could hold to the prelate's decision whether of commutation or of dispensation. He could not, however, follow his own judgment in the matter, because he does not stand in the place of God; except perhaps in the case when the thing he has vowed is clearly unlawful, and he is unable to have recourse to the prelate.

Reply Obj. 3: Since the Sovereign Pontiff holds the place of Christ throughout the whole Church, he exercises absolute power of dispensing from all vows that admit of dispensation. To other and inferior prelates is the power committed of dispensing from those vows that are commonly made and frequently require dispensation, in order that men may easily have recourse to someone; such are the vows of pilgrimage (Cap. de Peregin., de Voto et Voti redempt.), fasting and the like, and of pilgrimage to the Holy Land, are reserved to the Sovereign Pontiff [*Cap. Ex multa].


QUESTION 89

OF OATHS (TEN ARTICLES)

We must now consider those external acts of religion, whereby something Divine is taken by man: and this is either a sacrament or the Name of God. The place for treating of the taking of a sacrament will be in the Third Part of this work: of the taking of God's Name we shall treat now. The Name of God is taken by man in three ways. First, by way oath in order to confirm one's own assertion: secondly, by way of adjuration as an inducement to others: thirdly, by way of invocation for the purpose of prayer or praise. Accordingly we must first treat of oaths: and under this head there are ten points of inquiry:

(1) What is an oath?

(2) Whether it is lawful?

(3) What are the accompanying conditions of an oath?

(4) Of what virtue is it an act?

(5) Whether oaths are desirable, and to be employed frequently as something useful and good?

(6) Whether it is lawful to swear by a creature?

(7) Whether an oath is binding?

(8) Which is more binding, an oath or a vow?

(9) Whether an oath is subject to dispensation?

(10) Who may lawfully swear, and when?


FIRST ARTICLE [II-II, Q. 89, Art. 1]

Whether to Swear Is to Call God to Witness?

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.

Obj. 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 (Matt. 5:33): "Thou shall pay [Douay: 'perform'] 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.

Obj. 3: Further, the duties of a judge differ from the duties of a witness, as shown above (QQ. 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 [Vulg.: 'proudly']." Secondly, on account of [his] 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 Obj. 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 Obj. 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 Obj. 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 [*See argument On the contrary]; 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.


SECOND ARTICLE [II-II, Q. 89, Art. 2]

Whether It Is Lawful to Swear?

Objection 1: It would seem that it is not lawful to swear. Nothing forbidden in the Divine Law is lawful. Now swearing is forbidden (Matt. 5:34), "But I say to you not to swear at all"; and (James 5:12), "Above all things, my brethren, swear not." Therefore swearing is unlawful.

Obj. 2: Further, whatever comes from an evil seems to be unlawful, because according to Matt. 7:18, "neither can an evil tree bring forth good fruit." Now swearing comes from an evil, for it is written (Matt. 5:37): "But let your speech be: Yea, yea: No, no. And that which is over and above these is of evil." Therefore swearing is apparently unlawful.

Obj. 3: Further, to seek a sign of Divine Providence is to tempt God, and this is altogether unlawful, according to Deut. 6:16, "Thou shalt not tempt the Lord thy God." Now he that swears seems to seek a sign of Divine Providence, since he asks God to bear witness, and this must be by some evident effect. Therefore it seems that swearing is altogether unlawful.

On the contrary, It is written (Deut. 6:13): "Thou shalt fear the Lord thy God . . . and shalt swear by His name."

I answer that, Nothing prevents a thing being good in itself, and yet becoming a source of evil to one who makes use thereof unbecomingly: thus to receive the Eucharist is good, and yet he that receives it "unworthily, eateth and drinketh judgment to himself" (1 Cor. 11:29). Accordingly in answer to the question in point it must be stated that an oath is in itself lawful and commendable. This is proved from its origin and from its end. From its origin, because swearing owes its introduction to the faith whereby man believes that God possesses unerring truth and universal knowledge and foresight of all things: and from its end, since oaths are employed in order to justify men, and to put an end to controversy (Heb. 6:16).

Yet an oath becomes a source of evil to him that makes evil use of it, that is who employs it without necessity and due caution. For if a man calls God as witness, for some trifling reason, it would seemingly prove him to have but little reverence for God, since he would not treat even a good man in this manner. Moreover, he is in danger of committing perjury, because man easily offends in words, according to James 3:2, "If any man offend not in word, the same is a perfect man." Wherefore it is written (Ecclus. 23:9): "Let not thy mouth be accustomed to swearing, for in it there are many falls."

Reply Obj. 1: Jerome, commenting on Matt. 5:34, says: "Observe that our Saviour forbade us to swear, not by God, but by heaven and earth. For it is known that the Jews have this most evil custom of swearing by the elements." Yet this answer does not suffice, because James adds, "nor by any other oath." Wherefore we must reply that, as Augustine states (De Mendacio xv), "when the Apostle employs an oath in his epistles, he shows how we are to understand the saying, 'I say to you, not to swear at all'; lest, to wit, swearing lead us to swear easily and from swearing easily, we contract the habit, and, from swearing habitually, we fall into perjury. Hence we find that he swore only when writing, because thought brings caution and avoids hasty words."

Reply Obj. 2: According to Augustine (De Serm. Dom. in Monte i. 17): "If you have to swear, note that the necessity arises from the infirmity of those whom you convince, which infirmity is indeed an evil. Accordingly He did not say: 'That which is over and above is evil,' but 'is of evil.' For you do no evil; since you make good use of swearing, by persuading another to a useful purpose: yet it 'comes of the evil' of the person by whose infirmity you are forced to swear."

Reply Obj. 3: He who swears tempts not God, because it is not without usefulness and necessity that he implores the Divine assistance. Moreover, he does not expose himself to danger, if God be unwilling to bear witness there and then: for He certainly will bear witness at some future time, when He "will bring to light the hidden things of darkness, and will make manifest the counsels of hearts" (1 Cor. 4:5). And this witness will be lacking to none who swears, neither for nor against him.


THIRD ARTICLE [II-II, Q. 89, Art. 3]

Whether Three Accompanying Conditions of an Oath Are Suitably Assigned, Namely, Justice, Judgment, and Truth?

Objection 1: It would seem that justice, judgment and truth are unsuitably assigned as the conditions accompanying an oath. Things should not be enumerated as diverse, if one of them includes the other. Now of these three, one includes another, since truth is a part of justice, according to Tully (De Invent. Rhet. ii, 53): and judgment is an act of justice, as stated above (Q. 60, A. 1). Therefore the three accompanying conditions of an oath are unsuitably assigned.

Obj. 2: Further, many other things are required for an oath, namely, devotion, and faith whereby we believe that God knows all things and cannot lie. Therefore the accompanying conditions of an oath are insufficiently enumerated.

Obj. 3: Further, these three are requisite in man's every deed: since he ought to do nothing contrary to justice and truth, or without judgment, according to 1 Tim. 5:21, "Do nothing without prejudice," i.e. without previous judgment [*Vulg.: 'Observe these things without prejudice, doing nothing by declining to either side.']. Therefore these three should not be associated with an oath any more than with other human actions.

On the contrary, It is written (Jer. 4:2): "Thou shalt swear: As the Lord liveth, in truth, and in judgment, and in justice": which words Jerome expounds, saying: "Observe that an oath must be accompanied by these conditions, truth, judgment and justice."

I answer that, As stated above (A. 2), an oath is not good except for one who makes good use of it. Now two conditions are required for the good use of an oath. First, that one swear, not for frivolous, but for urgent reasons, and with discretion; and this requires judgment or discretion on the part of the person who swears. Secondly, as regards the point to be confirmed by oath, that it be neither false, nor unlawful, and this requires both truth, so that one employ an oath in order to confirm what is true, and justice, so that one confirm what is lawful. A rash oath lacks judgment, a false oath lacks truth, and a wicked or unlawful oath lacks justice.

Reply Obj. 1: Judgment does not signify here the execution of justice, but the judgment of discretion, as stated above. Nor is truth here to be taken for the part of justice, but for a condition of speech.

Reply Obj. 2: Devotion, faith and like conditions requisite for the right manner of swearing are implied by judgment: for the other two regard the things sworn to as stated above. We might also reply that justice regards the reason for swearing.

Reply Obj. 3: There is great danger in swearing, both on account of the greatness of God Who is called upon to bear witness, and on account of the frailty of the human tongue, the words of which are confirmed by oath. Hence these conditions are more requisite for an oath than for other human actions.


FOURTH ARTICLE [II-II, Q. 89, Art. 4]

Whether an Oath Is an Act of Religion, or Latria?

Objection 1: It would seem that an oath is not an act of religion, or latria. Acts of religion are about holy and divine things. But oaths are employed in connection with human disputes, as the Apostle declares (Heb. 6:16). Therefore swearing is not an act of religion or latria.

Obj. 2: Further, it belongs to religion to give worship to God, as Tully says (De Invent. Rhet. ii, 53). But he who swears offers nothing to God, but calls God to be his witness. Therefore swearing is not an act of religion or latria.

Obj. 3: Further, the end of religion or latria is to show reverence to God. But the end of an oath is not this, but rather the confirmation of some assertion. Therefore swearing is not an act of religion.

On the contrary, It is written (Deut. 6:13): "Thou shalt fear the Lord thy God, and shalt serve Him only, and thou shalt swear by His name." Now he speaks there of the servitude of religion. Therefore swearing is an act of religion.

I answer that, As appears from what has been said above (A. 1), he that swears calls God to witness in confirmation of what he says. Now nothing is confirmed save by what is more certain and more powerful. Therefore in the very fact that a man swears by God, he acknowledges God to be more powerful, by reason of His unfailing truth and His universal knowledge; and thus in a way he shows reverence to God. For this reason the Apostle says (Heb. 6:16) that "men swear by one greater than themselves," and Jerome commenting on Matt. 5:34, says that "he who swears either reveres or loves the person by whom he swears." The Philosopher, too, states (Metaph. i, 3) that "to swear is to give very great honor." Now to show reverence to God belongs to religion or latria. Wherefore it is evident that an oath is an act of religion or latria.

Reply Obj. 1: Two things may be observed in an oath. The witness adduced, and this is Divine: and the thing witnessed to, or that which makes it necessary to call the witness, and this is human. Accordingly an oath belongs to religion by reason of the former, and not of the latter.

Reply Obj. 2: In the very fact that a man takes God as witness by way of an oath, he acknowledges Him to be greater: and this pertains to the reverence and honor of God, so that he offers something to God, namely, reverence and honor.

Reply Obj. 3: Whatsoever we do, we should do it in honor of God: wherefore there is no hindrance, if by intending to assure a man, we show reverence to God. For we ought so to perform our actions in God's honor that they may conduce to our neighbor's good, since God also works for His own glory and for our good.


FIFTH ARTICLE [II-II, Q. 89, Art. 5]

Whether Oaths Are Desirable and to Be Used Frequently As Something Useful and Good?

Objection 1: It would seem that oaths are desirable and to be used frequently as something useful and good. Just as a vow is an act of religion, so is an oath. Now it is commendable and more meritorious to do a thing by vow, because a vow is an act of religion, as stated above (Q. 88, A. 5). Therefore for the same reason, to do or say a thing with an oath is more commendable, and consequently oaths are desirable as being good essentially.

Obj. 2: Further, Jerome, commenting on Matt. 5:34, says that "he who swears either reveres or loves the person by whom he swears." Now reverence and love of God are desirable as something good essentially. Therefore swearing is also.

Obj. 3: Further, swearing is directed to the purpose of confirming or assuring. But it is a good thing for a man to confirm his assertion. Therefore an oath is desirable as a good thing.

On the contrary, It is written (Ecclus. 23:12): "A man that sweareth much shall be filled with iniquity": and Augustine says (De Mendacio xv) that "the Lord forbade swearing, in order that for your own part you might not be fond of it, and take pleasure in seeking occasions of swearing, as though it were a good thing."

I answer that, Whatever is required merely as a remedy for an infirmity or a defect, is not reckoned among those things that are desirable for their own sake, but among those that are necessary: this is clear in the case of medicine which is required as a remedy for sickness. Now an oath is required as a remedy to a defect, namely, some man's lack of belief in another man. Wherefore an oath is not to be reckoned among those things that are desirable for their own sake, but among those that are necessary for this life; and such things are used unduly whenever they are used outside the bounds of necessity. For this reason Augustine says (De Serm. Dom. in Monte i, 17): "He who understands that swearing is not to be held as a good thing," i.e. desirable for its own sake, "restrains himself as far as he can from uttering oaths, unless there be urgent need."

Reply Obj. 1: There is no parity between a vow and an oath: because by a vow we direct something to the honor of God, so that for this very reason a vow is an act of religion. On the other hand, in an oath reverence for the name of God is taken in confirmation of a promise. Hence what is confirmed by oath does not, for this reason, become an act of religion, since moral acts take their species from the end.

Reply Obj. 2: He who swears does indeed make use of his reverence or love for the person by whom he swears: he does not, however, direct his oath to the reverence or love of that person, but to something else that is necessary for the present life.

Reply Obj. 3: Even as a medicine is useful for healing, and yet, the stronger it is, the greater harm it does if it be taken unduly, so too an oath is useful indeed as a means of confirmation, yet the greater the reverence it demands the more dangerous it is, unless it be employed aright; for, as it is written (Ecclus. 23:13), "if he make it void," i.e. if he deceive his brother, "his sin shall be upon him: and if he dissemble it," by swearing falsely, and with dissimulation, "he offendeth double," (because, to wit, "pretended equity is a twofold iniquity," as Augustine [*Enarr. in Ps. lxiii, 7] declares): "and if he swear in vain," i.e. without due cause and necessity, "he shall not be justified."


SIXTH ARTICLE [II-II, Q. 89, Art. 6]

Whether It Is Lawful to Swear by Creatures?

Objection 1: It would seem that it is not lawful to swear by creatures. It is written (Matt. 5:34-36): "I say to you not to swear at all, neither by heaven . . . nor by the earth . . . nor by Jerusalem . . . nor by thy head": and Jerome, expounding these words, says: "Observe that the Saviour does not forbid swearing by God, but by heaven and earth," etc.

Obj. 2: Further, punishment is not due save for a fault. Now a punishment is appointed for one who swears by creatures: for it is written (22, qu. i, can. Clericum): "If a cleric swears by creatures he must be very severely rebuked: and if he shall persist in this vicious habit we wish that he be excommunicated." Therefore it is unlawful to swear by creatures.

Obj. 3: Further, an oath is an act of religion, as stated above (A. 4). But religious worship is not due to any creature, according to Rom. 1:23, 25. Therefore it is not lawful to swear by a creature.

On the contrary, Joseph swore "by the health of Pharaoh" (Gen. 42:16). Moreover it is customary to swear by the Gospel, by relics, and by the saints.

I answer that, As stated above (A. 1, ad 3), there are two kinds of oath. One is uttered as a simple contestation or calling God as witness: and this kind of oath, like faith, is based on God's truth. Now faith is essentially and chiefly about God Who is the very truth, and secondarily about creatures in which God's truth is reflected, as stated above (Q. 1, A. 1). In like manner an oath is chiefly referred to God Whose testimony is invoked; and secondarily an appeal by oath is made to certain creatures considered, not in themselves, but as reflecting the Divine truth. Thus we swear by the Gospel, i.e. by God Whose truth is made known in the Gospel; and by the saints who believed this truth and kept it.

The other way of swearing is by cursing and in this kind of oath a creature is adduced that the judgment of God may be wrought therein. Thus a man is wont to swear by his head, or by his son, or by some other thing that he loves, even as the Apostle swore (2 Cor. 1:23), saying: "I call God to witness upon my soul."

As to Joseph's oath by the health of Pharaoh this may be understood in both ways: either by way of a curse, as though he pledged Pharao's health to God; or by way of contestation, as though he appealed to the truth of God's justice which the princes of the earth are appointed to execute.

Reply Obj. 1: Our Lord forbade us to swear by creatures so as to give them the reverence due to God. Hence Jerome adds that "the Jews, through swearing by the angels and the like, worshipped creatures with a Divine honor."

In the same sense a cleric is punished, according to the canons (22, qu. i, can. Clericum, Obj. 2), for swearing by a creature, for this savors of the blasphemy of unbelief. Hence in the next chapter, it is said: "If any one swears by God's hair or head, or otherwise utter blasphemy against God, and he be in ecclesiastical orders, let him be degraded."

This suffices for the Reply to the Second Objection.

Reply Obj. 3: Religious worship is shown to one whose testimony is invoked by oath: hence the prohibition (Ex. 23:13): "By the name of strange gods you shall not swear." But religious worship is not given to creatures employed in an oath in the ways mentioned above.


SEVENTH ARTICLE [II-II, Q. 89, Art. 7]

Whether an Oath Has a Binding Force?

Objection 1: It would seem that an oath has no binding force. An oath is employed in order to confirm the truth of an assertion. But when a person makes an assertion about the future his assertion is true, though it may not be verified. Thus Paul lied not (2 Cor. 1:15, seqq.) though he went not to Corinth, as he had said he would (1 Cor. 16:5). Therefore it seems that an oath is not binding.

Obj. 2: Further, virtue is not contrary to virtue (Categ. viii, 22). Now an oath is an act of virtue, as stated above (A. 4). But it would sometimes be contrary to virtue, or an obstacle thereto, if one were to fulfil what one has sworn to do: for instance, if one were to swear to commit a sin, or to desist from some virtuous action. Therefore an oath is not always binding.

Obj. 3: Further, sometimes a man is compelled against his will to promise something under oath. Now, "such a person is loosed by the Roman Pontiffs from the bond of his oath" (Extra, De Jurejur., cap. Verum in ea quaest., etc.). Therefore an oath is not always binding.

Obj. 4: Further, no person can be under two opposite obligations. Yet sometimes the person who swears and the person to whom he swears have opposite intentions. Therefore an oath cannot always be binding.

On the contrary, It is written (Matt. 5:33): "Thou shalt perform thy oaths to the Lord."

I answer that, An obligation implies something to be done or omitted; so that apparently it regards neither the declaratory oath (which is about something present or past), nor such oaths as are about something to be effected by some other cause (as, for example, if one were to swear that it would rain tomorrow), but only such as are about things to be done by the person who swears.

Now just as a declaratory oath, which is about the future or the present, should contain the truth, so too ought the oath which is about something to be done by us in the future. Yet there is a difference: since, in the oath that is about the past or present, this obligation affects, not the thing that already has been or is, but the action of the swearer, in the point of his swearing to what is or was already true; whereas, on the contrary, in the oath that is made about something to be done by us, the obligation falls on the thing guaranteed by oath. For a man is bound to make true what he has sworn, else his oath lacks truth.

Now if this thing be such as not to be in his power, his oath is lacking in judgment of discretion: unless perchance what was possible when he swore become impossible to him through some mishap, as when a man swore to pay a sum of money, which is subsequently taken from him by force or theft. For then he would seem to be excused from fulfilling his oath, although he is bound to do what he can, as, in fact, we have already stated with regard to the obligation of a vow (Q. 88, A. 3, ad 2). If, on the other hand, it be something that he can do, but ought not to, either because it is essentially evil, or because it is a hindrance to a good, then his oath is lacking in justice: wherefore an oath must not be kept when it involves a sin or a hindrance to good. For in either case "its result is evil" [*Cf. Bede, Homil. xix, in Decoll. S. Joan. Bapt.]

Accordingly we must conclude that whoever swears to do something is bound to do what he can for the fulfilment of truth; provided always that the other two accompanying conditions be present, namely, judgment and justice.

Reply Obj. 1: It is not the same with a simple assertion, and with an oath wherein God is called to witness: because it suffices for the truth of an assertion, that a person say what he proposes to do, since it is already true in its cause, namely, the purpose of the doer. But an oath should not be employed, save in a matter about which one is firmly certain: and, consequently, if a man employ an oath, he is bound, as far as he can, to make true what he has sworn, through reverence of the Divine witness invoked, unless it leads to an evil result, as stated.

Reply Obj. 2: An oath may lead to an evil result in two ways. First, because from the very outset it has an evil result, either through being evil of its very nature (as, if a man were to swear to commit adultery), or through being a hindrance to a greater good, as if a man were to swear not to enter religion, or not to become a cleric, or that he would not accept a prelacy, supposing it would be expedient for him to accept, or in similar cases. For oaths of this kind are unlawful from the outset: yet with a difference: because if a man swear to commit a sin, he sinned in swearing, and sins in keeping his oath: whereas if a man swear not to perform a greater good, which he is not bound to do withal, he sins indeed in swearing (through placing an obstacle to the Holy Ghost, Who is the inspirer of good purposes), yet he does not sin in keeping his oath, though he does much better if he does not keep it.

Secondly, an oath leads to an evil result through some new and unforeseen emergency. An instance is the oath of Herod, who swore to the damsel, who danced before him, that he would give her what she would ask of him. For this oath could be lawful from the outset, supposing it to have the requisite conditions, namely, that the damsel asked what it was right to grant, but the fulfilment of the oath was unlawful. Hence Ambrose says (De Officiis i, 50): "Sometimes it is wrong to fulfil a promise, and to keep an oath; as Herod, who granted the slaying of John, rather than refuse what he had promised."

Reply Obj. 3: There is a twofold obligation in the oath which a man takes under compulsion: one, whereby he is beholden to the person to whom he promises something; and this obligation is cancelled by the compulsion, because he that used force deserves that the promise made to him should not be kept. The other is an obligation whereby a man is beholden to God, in virtue of which he is bound to fulfil what he has promised in His name. This obligation is not removed in the tribunal of conscience, because that man ought rather to suffer temporal loss, than violate his oath. He can, however, seek in a court of justice to recover what he has paid, or denounce the matter to his superior even if he has sworn to the contrary, because such an oath would lead to evil results since it would be contrary to public justice. The Roman Pontiffs, in absolving men from oaths of this kind, did not pronounce such oaths to be unbinding, but relaxed the obligation for some just cause.

Reply Obj. 4: When the intention of the swearer is not the same as the intention of the person to whom he swears, if this be due to the swearer's guile, he must keep his oath in accordance with the sound understanding of the person to whom the oath is made. Hence Isidore says (De Summo Bono ii, 31): "However artful a man may be in wording his oath, God Who witnesses his conscience accepts his oath as understood by the person to whom it is made." And that this refers to the deceitful oath is clear from what follows: "He is doubly guilty who both takes God's name in vain, and tricks his neighbor by guile." If, however, the swearer uses no guile, he is bound in accordance with his own intention. Wherefore Gregory says (Moral. xxvi, 7): "The human ear takes such like words in their natural outward sense, but the Divine judgment interprets them according to our inward intention."


EIGHTH ARTICLE [II-II, Q. 89, Art. 8]

Whether an Oath Is More Binding Than a Vow?

Objection 1: It would seem that an oath is more binding than a vow. A vow is a simple promise: whereas an oath includes, besides a promise, an appeal to God as witness. Therefore an oath is more binding than a vow.

Obj. 2: Further, the weaker is wont to be confirmed by the stronger. Now a vow is sometimes confirmed by an oath. Therefore an oath is stronger than a vow.

Obj. 3: Further, the obligation of a vow arises from the deliberation of the mind, a stated above (Q. 88, A. 1); while the obligation of an oath results from the truth of God Whose testimony is invoked. Since therefore God's truth is something greater than human deliberation, it seems that the obligation of an oath is greater than that of a vow.

On the contrary, A vow binds one to God while an oath sometimes binds one to man. Now one is more bound to God than to man. Therefore a vow is more binding than an oath.

I answer that, The obligation both of vow and of an oath arises from something Divine; but in different ways. For the obligation of a vow arises from the fidelity we owe God, which binds us to fulfil our promises to Him. On the other hand, the obligation of an oath arises from the reverence we owe Him which binds us to make true what we promise in His name. Now every act of infidelity includes an irreverence, but not conversely, because the infidelity of a subject to his lord would seem to be the greatest irreverence. Hence a vow by its very nature is more binding than an oath.

Reply Obj. 1: A vow is not any kind of promise, but a promise made to God; and to be unfaithful to God is most grievous.

Reply Obj. 2: An oath is added to a vow not because it is more stable, but because greater stability results from "two immutable things" [*Heb. 6:18].

Reply Obj. 3: Deliberation of the mind gives a vow its stability, on the part of the person who takes the vow: but it has a greater cause of stability on the part of God, to Whom the vow is offered.


NINTH ARTICLE [II-II, Q. 89, Art. 9]

Whether Anyone Can Dispense from an Oath?

Objection 1: It would seem that no one can dispense from an oath. Just as truth is required for a declaratory oath, which is about the past or the present, so too is it required for a promissory oath, which is about the future. Now no one can dispense a man from swearing to the truth about present or past things. Therefore neither can anyone dispense a man from making truth that which he has promised by oath to do in the future.

Obj. 2: Further, a promissory oath is used for the benefit of the person to whom the promise is made. But, apparently, he cannot release the other from his oath, since it would be contrary to the reverence of God. Much less therefore can a dispensation from this oath be granted by anyone.

Obj. 3: Further, any bishop can grant a dispensation from a vow, except certain vows reserved to the Pope alone, as stated above (Q. 88, A. 12, ad 3). Therefore in like manner, if an oath admits of dispensation, any bishop can dispense from an oath. And yet seemingly this is to be against the law [*Caus. XV, qu. 6, can. Auctoritatem, seqq.: Cap. Si vero, de Jurejurando]. Therefore it would seem that an oath does not admit of dispensation.

On the contrary, A vow is more binding than an oath, as stated above (A. 8). But a vow admits of dispensation and therefore an oath does also.

I answer that, As stated above (Q. 88, A. 10), the necessity of a dispensation both from the law and from a vow arises from the fact that something which is useful and morally good in itself and considered in general, may be morally evil and hurtful in respect of some particular emergency: and such a case comes under neither law nor vow. Now anything morally evil or hurtful is incompatible with the matter of an oath: for if it be morally evil it is opposed to justice, and if it be hurtful it is contrary to judgment. Therefore an oath likewise admits of dispensation.

Reply Obj. 1: A dispensation from an oath does not imply a permission to do anything against the oath: for this is impossible, since the keeping of an oath comes under a Divine precept, which does not admit of dispensation: but it implies that what hitherto came under an oath no longer comes under it, as not being due matter for an oath, just as we have said with regard to vows (Q. 88, A. 10, ad 2). Now the matter of a declaratory oath, which is about something past or present, has already acquired a certain necessity, and has become unchangeable, wherefore the dispensation will regard not the matter but the act itself of the oath: so that such a dispensation would be directly contrary to the Divine precept. On the other hand, the matter of a promissory oath is something future, which admits of change, so that, to wit, in certain emergencies, it may be unlawful or hurtful, and consequently undue matter for an oath. Therefore a promissory oath admits of dispensation, since such dispensation regards the matter of an oath, and is not contrary to the Divine precept about the keeping of oaths.

Reply Obj. 2: One man may promise something under oath to another in two ways. First, when he promises something for his benefit: for instance, if he promise to serve him, or to give him money: and from such a promise he can be released by the person to whom he made it: for he is understood to have already kept his promise to him when he acts towards him according to his will. Secondly, one man promises another something pertaining to God's honor or to the benefit of others: for instance, if a man promise another under oath that he will enter religion, or perform some act of kindness. In this case the person to whom the promise is made cannot release him that made the promise, because it was made principally not to him but to God: unless perchance it included some condition, for instance, "provided he give his consent" or some such like condition.

Reply Obj. 3: Sometimes that which is made the matter of a promissory oath is manifestly opposed to justice, either because it is a sin, as when a man swears to commit a murder, or because it is an obstacle to a greater good, as when a man swears not to enter religion: and such an oath requires no dispensation. But in the former case a man is bound not to keep such an oath, while in the latter it is lawful for him to keep or not to keep the oath, as stated above (A. 7, ad 2). Sometimes what is promised on oath is doubtfully right or wrong, useful or harmful, either in itself or under the circumstance. In this case any bishop can dispense. Sometimes, however, that which is promised under oath is manifestly lawful and beneficial. An oath of this kind seemingly admits not of dispensation but of commutation, when there occurs something better to be done for the common good, in which case the matter would seem to belong chiefly to the power of the Pope, who has charge over the whole Church; and even of absolute relaxation, for this too belongs in general to the Pope in all matters regarding the administration of things ecclesiastical. Thus it is competent to any man to cancel an oath made by one of his subjects in matters that come under his authority: for instance, a father may annul his daughter's oath, and a husband his wife's (Num. 30:6, seqq.), as stated above with regard to vows (Q. 88, AA. 8, 9).


TENTH ARTICLE [II-II, Q. 89, Art. 10]

Whether an Oath Is Voided by a Condition of Person or Time?

Objection 1: It would seem that an oath is not voided by a condition of person or time. An oath, according to the Apostle (Heb. 6:16), is employed for the purpose of confirmation. Now it is competent to anyone to confirm his assertion, and at any time. Therefore it would seem that an oath is not voided by a condition of person or time.

Obj. 2: Further, to swear by God is more than to swear by the Gospels: wherefore Chrysostom [*Hom. xliv in the Opus Imperfectum falsely ascribed to St. John Chrysostom] says: "If there is a reason for swearing, it seems a small thing to swear by God, but a great thing to swear by the Gospels. To those who think thus, it must be said: Nonsense! the Scriptures were made for God's sake, not God for the sake of the Scriptures." Now men of all conditions and at all times are wont to swear by God. Much more, therefore, is it lawful to swear by the Gospels.

Obj. 3: Further, the same effect does not proceed from contrary causes, since contrary causes produce contrary effects. Now some are debarred from swearing on account of some personal defect; children, for instance, before the age of fourteen, and persons who have already committed perjury. Therefore it would seem that a person ought not to be debarred from swearing either on account of his dignity, as clerics, or on account of the solemnity of the time.

Obj. 4: Further, in this world no living man is equal in dignity to an angel: for it is written (Matt. 11:11) that "he that is the lesser in the kingdom of heaven is greater than he," namely than John the Baptist, while yet living. Now an angel is competent to swear, for it is written (Apoc. 10:6) that the angel "swore by Him that liveth for ever and ever." Therefore no man ought to be excused from swearing, on account of his dignity.

On the contrary, It is stated (II, qu. v, can. Si quis presbyter): "Let a priest be examined 'by his sacred consecration,' instead of being put on his oath": and (22, qu. v, can. Nullus): "Let no one in ecclesiastical orders dare to swear on the Holy Gospels to a layman."

I answer that, Two things are to be considered in an oath. One is on the part of God, whose testimony is invoked, and in this respect we should hold an oath in the greatest reverence. For this reason children before the age of puberty are debarred from taking oaths [*Caus. XXII, qu. 5, can. Parvuli], and are not called upon to swear, because they have not yet attained the perfect use of reason, so as to be able to take a oath with due reverence. Perjurers also are debarred from taking an oath, because it is presumed from their antecedents that they will not treat an oath with the reverence due to it. For this same reason, in order that oaths might be treated with due reverence the law says (22, qu. v, can. Honestum): "It is becoming that he who ventures to swear on holy things should do so fasting, with all propriety and fear of God."

The other thing to be considered is on the part of the man, whose assertion is confirmed by oath. For a man's assertion needs no confirmation save because there is a doubt about it. Now it derogates from a person's dignity that one should doubt about the truth of what he says, wherefore "it becomes not persons of great dignity to swear." For this reason the law says (II, qu. v, can. Si quis presbyter) that "priests should not swear for trifling reasons." Nevertheless it is lawful for them to swear if there be need for it, or if great good may result therefrom. Especially is this the case in spiritual affairs, when moreover it is becoming that they should take oath on days of solemnity, since they ought then to devote themselves to spiritual matters. Nor should they on such occasions take oaths temporal matters, except perhaps in cases grave necessity.

Reply Obj. 1: Some are unable to confirm their own assertions on account of their own defect: and some there are whose words should be so certain that they need no confirmation.

Reply Obj. 2: The greater the thing sworn by, the holier and the more binding is the oath, considered in itself, as Augustine states (Ad Public., Ep. xlvii): and accordingly it is a graver matter to swear by God than the Gospels. Yet the contrary may be the case on account of the manner of swearing for instance, an oath by the Gospels might be taken with deliberation and solemnity, and an oath by God frivolously and without deliberation.

Reply Obj. 3: Nothing prevents the same thing from arising out of contrary causes, by way of superabundance and defect. It is in this way that some are debarred from swearing, through being of so great authority that it is unbecoming for them to swear; while others are of such little authority that their oaths have no standing.

Reply Obj. 4: The angel's oath is adduced not on account of any defect in the angel, as though one ought not to credit his mere word, but in order to show that the statement made issues from God's infallible disposition. Thus too God is sometimes spoken of by Scripture as swearing, in order to express the immutability of His word, as the Apostle declares (Heb. 6:17).


QUESTION 90

OF THE TAKING OF GOD'S NAME BY WAY OF ADJURATION (In Three Articles)

We must now consider the taking of God's name by way of adjuration: under which head there are three points of inquiry:

(1) Whether it is lawful to adjure a man?

(2) Whether it is lawful to adjure the demons?

(3) Whether it is lawful to adjure irrational creatures?


FIRST ARTICLE [II-II, Q. 90, Art. 1]

Whether It Is Lawful to Adjure a Man?

Objection 1: It would seem that it is not lawful to adjure a man. Origen says (Tract. xxxv super Matth.): "I deem that a man who wishes to live according to the Gospel should not adjure another man. For if, according to the Gospel mandate of Christ, it be unlawful to swear, it is evident that neither is it lawful to adjure: and consequently it is manifest that the high-priest unlawfully adjured Jesus by the living God."

Obj. 2: Further, whoever adjures a man, compels him after a fashion. But it is unlawful to compel a man against his will. Therefore seemingly it is also unlawful to adjure a man.

Obj. 3: Further, to adjure is to induce a person to swear. Now it belongs to man's superior to induce him to swear, for the superior imposes an oath on his subject. Therefore subjects cannot adjure their superiors.

On the contrary, Even when we pray God we implore Him by certain holy things: and the Apostle too besought the faithful "by the mercy of God" (Rom. 12:1): and this seems to be a kind of adjuration. Therefore it is lawful to adjure.

I answer that, A man who utters a promissory oath, swearing by his reverence for the Divine name, which he invokes in confirmation of his promise, binds himself to do what he has undertaken, and so orders himself unchangeably to do a certain thing. Now just as a man can order himself to do a certain thing, so too can he order others, by beseeching his superiors, or by commanding his inferiors, as stated above (Q. 83, A. 1). Accordingly when either of these orderings is confirmed by something Divine it is an adjuration. Yet there is this difference between them, that man is master of his own actions but not of those of others; wherefore he can put himself under an obligation by invoking the Divine name, whereas he cannot put others under such an obligation unless they be his subjects, whom he can compel on the strength of the oath they have taken.

Therefore, if a man by invoking the name of God, or any holy thing, intends by this adjuration to put one who is not his subject under an obligation to do a certain thing, in the same way as he would bind himself by oath, such an adjuration is unlawful, because he usurps over another a power which he has not. But superiors may bind their inferiors by this kind of adjuration, if there be need for it.

If, however, he merely intend, through reverence of the Divine name or of some holy thing, to obtain something from the other man without putting him under any obligation, such an adjuration may be lawfully employed in respect of anyone.

Reply Obj. 1: Origen is speaking of an adjuration whereby a man intends to put another under an obligation, in the same way as he would bind himself by oath: for thus did the high-priest presume to adjure our Lord Jesus Christ [*Matt. 26:63].

Reply Obj. 2: This argument considers the adjuration which imposes an obligation.

Reply Obj. 3: To adjure is not to induce a man to swear, but to employ terms resembling an oath in order to provoke another to do a certain thing.

Moreover, we adjure God in one way and man in another; because when we adjure a man we intend to alter his will by appealing to his reverence for a holy thing: and we cannot have such an intention in respect of God Whose will is immutable. If we obtain something from God through His eternal will, it is due, not to our merits, but to His goodness.


SECOND ARTICLE [II-II, Q. 90, Art. 2]

Whether It Is Lawful to Adjure the Demons?

Objection 1: It would seem unlawful to adjure the demons. Origen says (Tract. xxxv, super Matth.): "To adjure the demons is not accordance with the power given by our Saviour: for this is a Jewish practice." Now rather than imitate the rites of the Jews, we should use the power given by Christ. Therefore it is not lawful to adjure the demons.

Obj. 2: Further, many make use of necromantic incantations when invoking the demons by something Divine: and this is an adjuration. Therefore, if it be lawful to adjure the demons, it is lawful to make use of necromantic incantations, which is evidently false. Therefore the antecedent is false also.

Obj. 3: Further, whoever adjures a person, by that very fact associates himself with him. Now it is not lawful to have fellowship with the demons, according to 1 Cor. 10:20, "I would not that you should be made partakers with devils." Therefore it is not lawful to adjure the demons.

On the contrary, It is written (Mk. 16:17): "In My name they shall cast out devils." Now to induce anyone to do a certain thing for the sake of God's name is to adjure. Therefore it is lawful to adjure the demons.

I answer that, As stated in the preceding article, there are two ways of adjuring: one by way of prayer or inducement through reverence of some holy thing: the other by way of compulsion. In the first way it is not lawful to adjure the demons because such a way seems to savor of benevolence or friendship, which it is unlawful to bear towards the demons. As to the second kind of adjuration, which is by compulsion, we may lawfully use it for some purposes, and not for others. For during the course of this life the demons are our adversaries: and their actions are not subject to our disposal but to that of God and the holy angels, because, as Augustine says (De Trin. iii, 4), "the rebel spirit is ruled by the just spirit." Accordingly we may repulse the demons, as being our enemies, by adjuring them through the power of God's name, lest they do us harm of soul or body, in accord with the Divine power given by Christ, as recorded by Luke 10:19: "Behold, I have given you power to tread upon serpents and scorpions, and upon all the power of the enemy: and nothing shall hurt you."

It is not, however, lawful to adjure them for the purpose of learning something from them, or of obtaining something through them, for this would amount to holding fellowship with them: except perhaps when certain holy men, by special instinct or Divine revelation, make use of the demons' actions in order to obtain certain results: thus we read of the Blessed James [*the Greater; cf. Apocrypha, N.T., Hist. Certam. Apost. vi, 19] that he caused Hermogenes to be brought to him, by the instrumentality of the demons.

Reply Obj. 1: Origen is speaking of adjuration made, not authoritatively by way of compulsion, but rather by way of a friendly appeal.

Reply Obj. 2: Necromancers adjure and invoke the demons in order to obtain or learn something from them: and this is unlawful, as stated above. Wherefore Chrysostom, commenting on our Lord's words to the unclean spirit (Mk. 1:25), "Speak no more, and go out of the man," says: "A salutary teaching is given us here, lest we believe the demons, however much they speak the truth."

Reply Obj. 3: This argument considers the adjuration whereby the demon's help is besought in doing or learning something: for this savors of fellowship with them. On the other hand, to repulse the demons by adjuring them, is to sever oneself from their fellowship.


THIRD ARTICLE [II-II, Q. 90, Art. 3]

Whether It Is Lawful to Adjure an Irrational Creature?

Objection 1: It would seem unlawful to adjure an irrational creature. An adjuration consists of spoken words. But it is useless to speak to one that understands not, such as an irrational creature. Therefore it is vain and unlawful to adjure an irrational creature.

Obj. 2: Further, seemingly wherever adjuration is admissible, swearing is also admissible. But swearing is not consistent with an irrational creature. Therefore it would seem unlawful to employ adjuration towards one.

Obj. 3: Further, there are two ways of adjuring, as explained above (AA. 1, 2). One is by way of appeal; and this cannot be employed towards irrational creatures, since they are not masters of their own actions. The other kind of adjuration is by way of compulsion: and, seemingly, neither is it lawful to use this towards them, because we have not the power to command irrational creatures, but only He of Whom it was said (Matt. 8:27): "For the winds and the sea obey Him." Therefore in no way, apparently, is it lawful to adjure irrational creatures.

On the contrary, Simon and Jude are related to have adjured dragons and to have commanded them to withdraw into the desert. [*From the apocryphal Historiae Certam. Apost. vi. 19.]

I answer that, Irrational creatures are directed to their own actions by some other agent. Now the action of what is directed and moved is also the action of the director and mover: thus the movement of the arrow is an operation of the archer. Wherefore the operation of the irrational creature is ascribed not only to it, but also and chiefly to God, Who disposes the movements of all things. It is also ascribed to the devil, who, by God's permission, makes use of irrational creatures in order to inflict harm on man.

Accordingly the adjuration of an irrational creature may be of two kinds. First, so that the adjuration is referred to the irrational creature in itself: and in this way it would be vain to adjure an irrational creature. Secondly, so that it be referred to the director and mover of the irrational creature, and in this sense a creature of this kind may be adjured in two ways. First, by way of appeal made to God, and this relates to those who work miracles by calling on God: secondly, by way of compulsion, which relates to the devil, who uses the irrational creature for our harm. This is the kind of adjuration used in the exorcisms of the Church, whereby the power of the demons is expelled from an irrational creature. But it is not lawful to adjure the demons by beseeching them to help us.

This suffices for the Replies to the Objections.


QUESTION 91

OF TAKING THE DIVINE NAME FOR THE PURPOSE OF INVOKING IT BY MEANS OF PRAISE (In Two Articles)

We must now consider the taking of the Divine name for the purpose of invoking it by prayer or praise. Of prayer we have already spoken (Q. 83). Wherefore we must speak now of praise. Under this head there are two points of inquiry:

(1) Whether God should be praised with the lips?

(2) Whether God should be praised with song?


FIRST ARTICLE [II-II, Q. 91, Art. 1]

Whether God Should Be Praised with the Lips?

Objection 1: It would seem that God should not be praised with the lips. The Philosopher says (Ethic. 1, 12): "The best of men ere accorded not praise, but something greater." But God transcends the very best of all things. Therefore God ought to be given, not praise, but something greater than praise: wherefore He is said (Ecclus. 43:33) to be "above all praise."

Obj. 2: Further, divine praise is part of divine worship, for it is an act of religion. Now God is worshiped with the mind rather than with the lips: wherefore our Lord quoted against certain ones the words of Isa. 29:13, "This people . . . honors [Vulg.: 'glorifies'] Me with their lips, but their heart is far from Me." Therefore the praise of God lies in the heart rather than on the lips.

Obj. 3: Further, men are praised with the lips that they may be encouraged to do better: since just as being praised makes the wicked proud, so does it incite the good to better things. Wherefore it is written (Prov. 27:21): "As silver is tried in the fining-pot . . . so a man is tried by the mouth of him that praiseth." But God is not incited to better things by man's words, both because He is unchangeable, and because He is supremely good, and it is not possible for Him to grow better. Therefore God should not be praised with the lips.

On the contrary, It is written (Ps. 62:6): "My mouth shall praise Thee with joyful lips."

I answer that, We use words, in speaking to God, for one reason, and in speaking to man, for another reason. For when speaking to man we use words in order to tell him our thoughts which are unknown to him. Wherefore we praise a man with our lips, in order that he or others may learn that we have a good opinion of him: so that in consequence we may incite him to yet better things; and that we may induce others, who hear him praised, to think well of him, to reverence him, and to imitate him. On the other hand we employ words, in speaking to God, not indeed to make known our thoughts to Him Who is the searcher of hearts, but that we may bring ourselves and our hearers to reverence Him.

Consequently we need to praise God with our lips, not indeed for His sake, but for our own sake; since by praising Him our devotion is aroused towards Him, according to Ps. 49:23: "The sacrifice of praise shall glorify Me, and there is the way by which I will show him the salvation of God." And forasmuch as man, by praising God, ascends in his affections to God, by so much is he withdrawn from things opposed to God, according to Isa. 48:9, "For My praise I will bridle thee lest thou shouldst perish." The praise of the lips is also profitable to others by inciting their affections towards God, wherefore it is written (Ps. 33:2): "His praise shall always be in my mouth," and farther on: "Let the meek hear and rejoice. O magnify the Lord with me."

Reply Obj. 1: We may speak of God in two ways. First, with regard to His essence; and thus, since He is incomprehensible and ineffable, He is above all praise. In this respect we owe Him reverence and the honor of latria; wherefore Ps. 64:2 is rendered by Jerome in his Psalter [*Translated from the Hebrew]: "Praise to Thee is speechless, O God," as regards the first, and as to the second, "A vow shall be paid to Thee." Secondly, we may speak of God as to His effects which are ordained for our good. In this respect we owe Him praise; wherefore it is written (Isa. 63:7): "I will remember the tender mercies of the Lord, the praise of the Lord for all the things that the Lord hath bestowed upon us." Again, Dionysius says (Div. Nom. 1): "Thou wilt find that all the sacred hymns," i.e. divine praises "of the sacred writers, are directed respectively to the Blessed Processions of the Thearchy," i.e. of the Godhead, "showing forth and praising the names of God."

Reply Obj. 2: It profits one nothing to praise with the lips if one praise not with the heart. For the heart speaks God's praises when it fervently recalls "the glorious things of His works" [*Cf. Ecclus. 17:7, 8]. Yet the outward praise of the lips avails to arouse the inward fervor of those who praise, and to incite others to praise God, as stated above.

Reply Obj. 3: We praise God, not for His benefit, but for ours as stated.