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Institutes of the Christian Religion (Vol. 1 of 2)

Jean Calvin · 1541 (initial publication of the Institutes; this record is for a later 1559/French-collated edition, but the work’s composition spans Calvin’s revisions after earlier versions) primary

passage 286 of 596 · Book I. On The Knowledge Of God The Creator. > Chapter VIII. An Exposition Of The Moral Law (23/47)

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in brief
Calvin maintains that Christ and James condemn only unlawful oaths, not all oaths, and he defends both public and carefully used private oaths when necessity calls for appealing to God as witness.

which is immediately annexed, “Neither by heaven, neither by earth,” &c., language evidently used in refutation of those cavils, which the Jews considered as furnishing an excuse for their sin.

XXVII. It can no longer be doubtful, therefore, to persons of sound judgment, that the Lord, in that passage, only condemns those oaths which had been forbidden by the law. For even he, who exhibited in his life an example of the perfection which he inculcated, hesitated not to make use of oaths whenever occasion required; and his disciples, who, we doubt not, were obedient to their master in all things, followed the same example. Who can dare to assert, that Paul would have sworn, if all oaths had been prohibited? But when the occasion requires it, he swears without any scruple, and sometimes even adds an imprecation. The question, however, is not yet decided; for it is the opinion of some persons, that public oaths are the only exceptions from this prohibition; such as we take when required by a magistrate; such also as princes are accustomed to use in ratifying treaties; or subjects, when they swear allegiance to their princes; or soldiers, as a military test; and others of a similar kind. To this class also they justly refer those oaths which we find used by Paul in assertion of the dignity of the gospel; because the Apostles, in the exercise of their functions, were not private persons, but public ministers of God. And indeed I will not deny that these are the safest oaths; because they are sanctioned by the strongest testimonies of Scripture. A magistrate is directed, in a dubious case, to put a witness to his oath, and the witness, on the other hand, is required to answer on his oath; and the Apostle says, that human controversies are adjusted by this expedient.(861) In this precept both parties are furnished with a complete justification of their conduct. Moreover we may observe, that among the ancient heathen a public and solemn oath was held in great reverence; but that common ones, which they used in their ordinary intercourse, were not esteemed of any, or of much importance, because they imagined that these were not regarded by the Divine majesty. But it would be too dangerous to condemn private oaths, which are taken, in cases of necessity, with sobriety, integrity, and reverence, since they are supported both by reason and by scriptural examples. For if it be lawful for private persons in an important and serious affair to appeal to God as a judge between them, much more must it be allowable to invoke him as a witness. Your brother will accuse you of perfidy; you endeavour to exculpate yourself; he will not permit himself by any means to be satisfied. If your reputation be endangered by his obstinate malignity, you may, without any offence, appeal to the judgment of God, that in his own time he will manifest your innocence. If the words be strictly examined, it is a less thing to appeal to him as a witness than as a judge. I see not, therefore, why we should assert such an appeal to him to be unlawful. There are not wanting numerous examples of it. If the oath of Abraham and Isaac with Abimelech be alleged to have been taken in a public capacity, certainly Jacob and Laban were private persons, and yet they confirmed the covenant between them by a mutual oath.(862) Boaz was a private person, who confirmed in the same manner his promise of marriage to Ruth.(863) Obadiah was a private person, a righteous man, and one that feared the Lord, who declared with an oath the fact of which he wished to convince Elijah.(864) I can find, therefore, no better rule, than that we regulate our oaths in such a manner, that they be not rash or inconsiderate, wanton or frivolous, but used in cases of real necessity, as for vindicating the glory of the Lord, or promoting the edification of our brother; which is the end of this commandment of the law.

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topics: contracts, oaths, and obligation · duty, conscience, and obligation · justice as a virtue

Institutes of the Christian Religion (Vol. 1 of 2) · Jean Calvin · 1536–1541