De Specialibus Legibus (lib. i‑iv)

In the treatise preceding this one we have discussed with accuracy two articles of the ten commandments, that which relates to not thinking that any other beings are absolute gods, except God himself; and the other which enjoins us not to worship as God any object made with hands. And we also spoke of the laws which relate specially to each of these points. But we will now proceed to discuss the three which come next in the regular order, again adapting suitable special laws to each.

And the first of these other commandments is not to take the name of God in vain; for the word of the virtuous man, says the law, shall be his oath, firm, unchangeable, which cannot lie, founded steadfastly on truth. And even if particular necessities shall compel him to swear, then he should make the witness to his oath the health or happy old age of his father or mother, if they are alive; or their memory, if they are dead.

One person is recorded in the law, one of the patriarchs of the race, and one of those most especially admired for his wisdom, "as swearing by the face of his father," for the benefit, I imagine, of all those who might live afterwards, and with the object of giving necessary instruction, so that posterity might honour their parents in the proper manner, loving them as benefactors and respecting them as rulers appointed by nature, and might therefore not rashly invoke the name of God.

And these men also deserve to be praised who, when they are compelled to swear, by their slowness, and delay, and evasion, cause fear not only to those who see them, but to those also who invite them to take an oath; for when they do pronounce the oath they are accustomed to say only thus much, "By the—;" or, "No, by the—;" without any further addition, giving an emphasis to these words by the mutilation of the usual form, but without uttering the express oath.

However, if a man must swear and is so inclined, let him add, if he pleases, not indeed the highest name of all, and the most important cause of all things, but the earth, the sun, the stars, the heaven, the universal world; for these things are all most worthy of being named, and are more ancient than our own birth, and, moreover, they never grow old, lasting for ever and ever, in accordance with the will of their Creator.

And some men display such easiness and indifference on the subject, that, passing over all created things, they dare in their ordinary conversation to rise up to the Creator and Father of the universe, without stopping to consider the place in which they are, whether it be profane or sacred; or the time, whether it be suitable; or themselves, whether they are pure in body and soul; or the business, whether it be important; or the occasion, whether it is necessary; but (as the proverb says), they pollute everything with unwashed feet, as if it were decent, since nature has bestowed a tongue upon them, for them to let it loose unrestrained and unbridled to approach objects which it is impious to approach.

When they ought rather to employ that most excellent of all the organs by which voice and speech (the most useful things in human life, and the causes of all communion among men)

But now, out of their excessive impiety, they use the most awful names in speaking of the most unimportant matters, and heaping one appellation upon another in a perfect crowd they feel no shame, thinking that by the frequency and number of their uninterrupted oaths they will attain to the object which they desire, being very foolish to think so; for a great number of oaths is no proof of credibility, but rather of a man’s not deserving to be believed in the opinion of men of sense and wisdom.

But if any one being compelled to swear, swears by anything whatever in a manner which the law does not forbid, let him exert himself with all his strength and by every means in his power to give effect to his oath, interposing no hindrance to prevent the accomplishment of the matter thus ratified, especially if neither implacable anger or frenzied love, or unrestrained appetites agitate the mind, so that it does not know what is said or done, but if the oath has been taken with sober reason and deliberate purpose.

For what is better than to speak with perfect truth throughout one’s whole life, and to prove this by the evidence of God himself? For an oath is nothing else but the testimony of God invoked in a matter which is a subject of doubt, and to invoke God to witness a statement which is not true is the most impious of all things.

For a man who does this, is all but saying in plain words (even though he hold his peace), "I am using thee as a veil for my iniquity; do thou co-operate with me, who am ashamed to appear openly to be behaving unjustly. Do thou incur the blame instead of me, who am acting unjustly. For though I am doing wrong, I am anxious not to be accounted wicked, but thou canst be indifferent to thy reputation with the multitude, having no regard to being well spoken of." But to say or imagine such things as these is most impious, for not only would God, who is free from all participation in wickedness, but even any father or any stranger, provided he were not utterly devoid of all virtue, would be indignant if he were addressed in such a way as this.

A man, therefore, as I have said, must be sure and give effect to all oaths which are taken for honourable and desirable

for there are some men who swear, if chance so prompts them, to commit theft, or sacrilege, or adultery, or rape, or to inflict wounds or slaughter, or any similar acts of wickedness, and who perform them without any delay, making an excuse that they must keep their oaths, as if it were not better and more acceptable to God to do no iniquity, than to perform such a vow and oath as that. The national laws and ancient ordinances of every people are established for the sake of justice and of every virtue, and what else are laws and ordinances but the sacred words of nature having an authority and power in themselves, so that they differ in no respect from oaths?

And let every man who commits wicked actions because he is so bound by an oath, beware that he is not keeping his oath, but that he is rather violating one which is worthy of great care and attention to preserve it, which sets a seal as it were to what is honourable and just, for he is adding wickedness to wickedness, adding lawless actions to oaths taken on improper occasions, which had better have been buried in silence.

Let such a man, therefore, abstain from committing iniquity, and seek to propitiate God, that he may grant to him the mercy of that humane power which is innate in him, so as to pardon him for the oaths which he took in his folly. For it is incurable madness and insanity to take upon himself twofold evils, when he might put off one half of the burden of them.

But there are some men who, out of the excess of their wicked hatred of their species, being naturally unsociable and inhuman, or else being constrained by anger as by a hard mistress, think to confirm the savageness of their natural . disposition by an oath, swearing that they will not admit this man or that man to sit at the same table with them, or to - come under the same roof; or, again, that they will not give any assistance to such an one, or that they will not receive

I would recommend to such men, as to those I have mentioned before, to seek to propitiate the mercy of God by prayers and sacrifices, that so they may find some cure for the diseases of their souls which no man is competent to heal.

But there are other persons, also, boastful, puffed up with pride and arrogance, who, being insatiably greedy of glory, are determined to obey none of the precepts which point to that most beneficial virtue, frugality; but even if any one exhorts them to it, in order to induce them to shake off the obstinate impetuosity of the appetites, they look upon all their admonitions as insults, and drive their course on headlong to every kind of effeminate luxury, despising those who seek to correct them, and making a joke of and turning into ridicule all the honourable and advantageous recommendations of wisdom.

And if such men happen to be in such circumstances as to have any abundance and superfluity of the means of living, they declare with positive oaths that they will indulge in all imaginable expense for the use and enjoyment of costly luxury. For instance, a man who has lately come into the enjoyment of considerable riches, embraces a prodigal and extravagant course of life; and when some old man, some relation perhaps, or some friend of his father, comes and admonishes him, exhorting him to alter his ways and to come over to a more honourable and strict behaviour, he is indignant beyond all measure at the advice, and being obstinate in his contentious disposition, swears that as long as he has the means and resources necessary for supplying his wants he will not practise any single way which leads to economy or moderation, neither in the city nor in the country, neither when travelling by sea nor by land, but that he will at all times and in all places show how rich and liberal he is; but as it seems to me such conduct as this is not so much a display of riches as of insolence and intemperance.

And yet many men who have before now been placed in situations of great authority, and even many who now are so, though they have most abundant resources of all kinds, and enormous riches, wealth continually and uninterruptedly