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Page:United States Statutes at Large Volume 90 Part 1.djvu/993

 PUBLIC LAW 94-362—JULY 14, 1976

90 STAT. 943

TITLE II—DEPARTMENT OF J U S T I C E

Department of Justice

GENERAL ADMINISTRATION

Appropriation

Act, 1977. SALARIES AND EXPENSES

For expenses necessary for the administration of the Department of Justice, including hire of passenger motor vehicles; not to exceed $2,500 for official reception and representation expenses; and miscellaneous and emergency expenses authorized or approved by the Attorney General o r the Assistant A t to r n e y General for Administration; $20,400,000. I n addition to funds provided under this Act, unobligated balances from the amount appropriated for the W a t e r g a t e Special Prosecution Force i n 1976 shall remain available until September 30, 1977. LEGAL

ACTIVITIES

SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

For expenses necessary for the legal activities of the Department of Justice, not otherwise provided for, including miscellaneous and emergency expenses authorized or approved by the Attorney General or the Assistant Attorney General for Administration; not to exceed $30,000 for expenses of collecting evidence, to be expended under the direction of the Attorney General and accounted for solel,y on h i s certificate; and advances of public moneys pursuant to law (31 U.S.C. 529); $64,090,000: Provided, That not to exceed $105,000 may be transferred to this appropriation from the "Alien Property F u n d, W o r l d W a r II ", for the general administrative expenses of alien property activities, including rent of private or Government-owned space in the District of Columbia. SALARIES AND EXPENSES, ANTITRUST DIVISION

For expenses necessary for the enforcement of antitrust, consumer protection and kindred laws, $24,000,000: Provided, ^ ' h a t none of this appropriation shall be expended for the establishment and maintenance of permanent regional offices of the A n t i t r u s t Division. SALARIES AND EXPENSES, UNITED STATES ATTORNEYS AND MARSHALS

For necessary expenses of the oiRces of the United States attorneys and marshals, including purchase of firearms and ammunition, $160,890,000. FEES AND EXPENSES OF WITNESSES

For expenses, mileage, and p e r diems of witnesses and for p e r diems in lieu of subsistence, as authorized by law, for payment of compensation and expenses of Commissioners appointed in condemnation cases under Eule 71A (h) of the Federal Rules of Civil Procedure, 28 USC app. and for such compensation and expenses of expert witnesses pursuant to section 524 of title 28, United States Code, and sections 4244-48 of title 18, United States Code, including advances; $19,177,000: Provided, That no part of the sum herein a p p r o p r i a t e d shall be used to p a y any witness more than one attendance fee for any one calendar d a y: Provided further, That n o part of the sum herein appropriated shall be used for the payment of the compensation of land commissioners at a daily rate in excess of the equivalent daily rate of compensation paid a g r a d e 18 on the General Schedule. 5 USC 5332 note.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/994

 90 STAT. 944

PUBLIC LAW 94-362—JULY 14, 1976 SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE

.

For necessary expenses of the Community Relations Service established by title X of the Civil Rights Act of 1964 (42 U.S.C. 2000g— 2000g-2), $4,500,000. FEDERAL BUREAU or INVESTIGATION SALARIES AND EXPENSES

For expenses necessary for the detection and prosecution of crimes against the United States; protection of the person of the President of the United States; acquisition, collection, classification and preservation of identification and other records and their exchange with, and for the official use of, the duly authorized officials of the Federal Government, of States, cities, and other institutions, such exchange to be subject to cancellation if dissemination is made outside the receiving departments or related agencies; and such other investigations regarding official matters under the control of the Department of Justice and the Department of State as may be directed by the Attorney General; including purchase for police-type use without regard to the general purchase price limitation for the current fiscal year (not to exceed one thousand two hundred and nineteen for replacement only) and hire of passenger motor vehicles; purchase, lease, hire, maintenance, operation and storage of aircraft; firearms and ammunition; payment of rewards; benefits in accordance with those provided under 22 U.S.C. 1136(9)-(11), under regulations prescribed by the Secretary of State; and not to exceed $70,000 to meet unforeseen emergencies of a confidential character, to be expended under the direction of the Attorney General, and to be accounted for solely on his certificate; $493,977,000. None of the funds appropriated for the Federal Bureau of Investigation shall be used to pay the compensation of any civil-service employee. IMMIGRATION AND NATURALIZATION SERVICE SALARIES A N D

'

EXPENSES

For expenses, not otherwise provided for, necessary for the administration and enforcement of the laws relating to immigration, naturalization, and alien registration, including advance of cash to aliens for meals and lodging while en route; payment of allowances (at a rate not in excess of $1 per day) to aliens, while held in custody under the immigration laws, for work performed; payment of rewards; not to exceed $50,000 to meet unforeseen emergencies of a confidential character, to be expended under the direction of the Attorney General and accounted for solely on his certificate; purchase for police-type use without regard to the general purchase price limitation for the current fiscal year (not to exceed four hundred and ninety-eight, of which three hundred and seventy-two shall be for replacement only) and hire of passenger motor vehicles; lease, maintenance and operation of aircraft; firearms and ammunition, attendance at firearms matches; refunds of head tax, maintenance bills, immigration fines, and other items properly returnable, except deposits of aliens who become public charges and deposits to secure payment of fines and passage money; operation, maintenance, remodeling, and repair of buildings and the purchase of equipment incident thereto; acquisition of land as sites for

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Summa Theologiae/Second Part of the Second Part/Question 89

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 of 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?

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.

Objection 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 (Mat. 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.

Objection 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 this 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 to Objection 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 to Objection 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 to Objection 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.

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 (Mat. 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.

Objection 2: Further, whatever comes from an evil seems to be unlawful, because according to Mat. 7:18, "neither can an evil tree bring forth good fruit." Now swearing comes from an evil, for it is written (Mat. 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.

Objection 3: Further, to seek a sign of Divine Providence is to tempt God, and this is altogether unlawful, according to Dt. 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 (Dt. 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 to Objection 1: Jerome, commenting on Mat. 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 to Objection 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 to Objection 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.

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.

Objection 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.

Objection 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 to Objection 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 to Objection 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 to Objection 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.

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.

Objection 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.

Objection 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 (Dt. 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 Mat. 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 to Objection 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 to Objection 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 to Objection 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.

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.

Objection 2: Further, Jerome, commenting on Mat. 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.

Objection 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 to Objection 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 to Objection 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 to Objection 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."

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 (Mat. 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.

Objection 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.

Objection 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" (Gn. 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 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 to Objection 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 to Objection 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.

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.

Objection 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.

Objection 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.

Objection 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 (Mat. 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 to Objection 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 to Objection 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 to Objection 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 to Objection 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."

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.

Objection 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.

Objection 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 to Objection 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 to Objection 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 to Objection 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.

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.

Objection 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.

Objection 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 to Objection 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 to Objection 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 to Objection 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 a 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).

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.

Objection 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.

Objection 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.

Objection 4: Further, in this world no living man is equal in dignity to an angel: for it is written (Mat. 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 to Objection 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 to Objection 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 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 to Objection 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 to Objection 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).


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Page:United States Statutes at Large Volume 90 Part 1.djvu/995

 PUBLIC LAW 94-362—JULY 14, 1976

90 STAT. 945

enforcement fence and construction incident to such fence; reimbursement of the General Services Administration for security guard services for protection of confidential files; benefits in accordance with those provided under 22 U.S.C. 1136(9)-(11), under regulations prescribed by the Secretary of State; research related to immigration enforcement; $234,000,000, of which not to exceed $400,000 shall remain available for such research until expended: Provided, That of the amount herein appropriated, not to exceed $50,000 may be used for the emergency replacement of aircraft upon certificate of the Attorney General. FEDERAL PRISON SYSTEM SALARIES AND EXPENSES, BUREAU OF PRISONS

For expenses necessary for the administration, operation, and maintenance of Federal penal and correctional institutions, including supervision of United States prisoners in non-Federal institutions; purchase of (not to exceed twelve for replacement only) and hire of passenger motor vehicles; compilation of statistics relating to prisoners in Federal penal and correctional institutions; assistance to State and local governments to improve their correctional systems; firearms and ammunition; medals and other awards; payment of rewards; purchase and exchange of farm products and livestock; construction of buildings at prison camps; and acquisition of land as authorized by section 4010 of title 18, United States Code; $208,160,000: Provided, That there may be transferred to the Health 42 USC 250a. Services Administration such amounts as may be necessary, in the discretion of the Attorney General, for direct expenditures by that Administration for medical relief for inmates of Federal penal and correctional institutions. NATIONAL INSTITUTE OF CORRECTIONS

For carrying out the provisions of section 521 of the Juvenile Justice and Delinquency Prevention Act of 1974, establishing a 18 USC "National Institute of Corrections", $4,997,000, to remain available 4351-4353. until expended. BUILDINGS AND FACILITIES

For planning, acquisition of sites and construction of new facilities and constructing, remodeling, and equipping necessary buildings and facilities at existing penal and correctional institutions, including all necessary expenses incident thereto, by contract or force account, $56,980,000, to remain available until expended: Provided, That labor of United States prisoners may be used for work performed under this appropriation. SUPPORT OF UNITED STATES PRISONERS

For support of United States prisoners in non-Federal institutions, including necessary clothing and medical aid, payment of rewards, and reimbursements to St. Elizabeths Hospital for the care and treatment of United States prisoners, at per diem rates as authorized by law (24 U.S.C. 168a), $31,875,000.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/996

 90 STAT. 946

PUBLIC LAW 94-362—JULY 14, 1976 FEDERAL PRISON INDUSTRIES, INCORPORATED

31 USC 849.

The Federal Prison Industries, Incorporated, is hereby authorized to make such expenditures, within the limits of funds and borrowing authority available, and in accord with the law, and to make such contracts and commitments, without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended, as may be necessary in carrying out the program set forth in the budget for the current fiscal year for such corporation, including purchase of not to exceed five (for replacement only) and hire of passenger motor vehicles, except as hereinafter provided: LIMITATION ON ADMINISTRATIVE AND VOCATIONAL TRAINING EXPENSES, FEDERAL PRISON INDUSTRIES, INCORPORATED

.i.OSs..!c

Not to exceed $1,618,000 of the funds of the corporation shall be available for its administrative expenses, and not to exceed $4,829,000 for the expenses of vocational training of prisoners, both amounts to be available for services as authorized by 5 U.S.C. 3109, and to be computed on an accrual basis and to be determined in accordance with the corporation's prescribed accounting system in effect on July 1, 1946, and shall be exclusive of depreciation, payment of claims, expenditures which the said accounting system requires to be capitalized or charged to cost of commodities acquired or produced, including selling and shipping expenses, and expenses in connection with acquisition, construction, operation, maintenance, improvement, protection, or disposition of facilities and other property belonging to the corporation or in which it has an interest. LAW ENFORCEMENT ASSISTANCE ADMINISTRATION SALARIES AND EXPENSES

42 USC 3701. 42 USC 5611.

For grants, contracts, loans, and other assistance authorized by title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, and title II of the Juvenile Justice and Delinquency Prevention Act of 1974, including departmental salaries and other expenses in connection therewith, $753,000,000, to remain available until expended. DRUG ENFORCEMENT ADMINISTRATION SALARIES AND EXPENSES

For necessary expenses of the Drug Enforcement Administration, including hire of passenger motor vehicles; payment in advance for special tests and studies by contract; not to exceed $70,000 to meet unforeseen emergencies of a confidential character, to be expended under the direction of the Attorney General, and to be accounted for solely on his certificate; purchase of not to exceed four hundred fortytwo passenger motor vehicles (for replacement only) for police-type use without regard to the general purchase price limitation for the current fiscal year; payment of rewards; payment for publication of technical and informational material in professional and trade journals; purchase of chemicals, apparatus, and scientific equipment; payment for necessary accommodations in the District of Columbia for conferences and training activities; acquisition (purchase of one), lease, maintenance, and operation of aircraft; employment of aliens

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Page:United States Statutes at Large Volume 90 Part 1.djvu/997

 PUBLIC LAW 94-362—JULY 14, 1976

90 STAT. 947

by contract for services abroad; research related to enforcement and d r u g control; benefits in accordance with those provided under 22 U.S.C. 1 1 3 6 (9) - ( 1 1), under regulations prescribed by the Secretary of State; $161,175,000, of which not to exceed $4,500,000 for research shall remain available until expended. GENERAL PROVISIONS—DEPARTMENT OF J U S T I C E

SEC. 202. None of the funds appropriated by this title ina.y be used to pay the compensation of any person hereafter employed as an attorney (except foreign counsel employed in special cases) unless such person shall be duly licensed and authorized to practice as an attorney under the laws of a State, territory, or the District of Columbia. SEC. 203. Appropriations and authorizations made in this title which are available for expenses of attendance at meetings shall be expended for such purposes in accordance with regulations prescribed by the Attorney General. SEC. 204. Appropriations and authorizations made in this title for salaries and expenses shall be available for services as authorized by 5 U.S.C. 3109. SEC. 205. Appropriations for "Salaries and expenses, general administration", "Salaries and expenses, United States attorneys and marshals", "Salaries and expenses. Federal Bureau of Investigation", "Salaries and expenses, Immigration and Naturalization Service", and "Salaries and expenses, Bureau of Prisons", shall be available for uniforms and allowances therefor as authorized by law (5 U.S.C. 5901-5902). SEC. 206. Appropriations made in this title shall be available for the purchase of insurance for motor vehicles operated on official Government business in foreign countries. SEC. 207. Funds appropriated under this title shall be available for (1) expenses of p r i m a r y and secondary schooling for dependents of personnel stationed outside the continental United States at costs not in excess of those authorized by the Department of Defense for the same area, when it is determined by the Attorney General that schools available in the locality are unable to provide adequately for the education of such dependents, and (2) transportation of said dependents between their places of residence and schools serving the area which they would nor-mally attend when the Attorney General, under such regulations as he may prescribe, determines that such schools are not accessible by public means and transportation. T h i s title may be cited as the "Department of Justice Appropriation Act, 1977". TTThi:

IIr—DEPARTMENT OF

COMMERCE

GENERAL ADMINISTRATION SALARIES AND EXPENSES

For expenses ne<'.essary for the general administration of the D e p a i t ment of Commerce, including not to exceed $1,500 for official entertainment, $13,595,000.

Attorneys, qualifications.

Meetings attendance.

Experts and consultants. Uniforms.

Government motor vehicles, insurance. Dependents' schooling.

Citation of title.

Department of Commerce Appropriation Act, 1977.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/998

 90 STAT. 948

PUBLIC LAW 94-362—JULY 14, 1976 OFFICE OF ENERGY PROGRAMS SALARIES AND EXPENSES

For expenses necessary for the energy conservation activities of the Department of Commerce, $2,162,000. BUREAU OF THE CENSUS SALARIES AND EXPENSES

,.,

For expenses necessary for collecting, compiling, analyzing, preparing, and publishing statistics, provided for by law, $43,245,000. PERIODIC CENSUSES AND PROGRAMS

.^f.^.

YoY expenses necessary to prepare for taking, compiling, and publishing the censuses of business, transportation, manufactures, and mineral industries; the census of governments; the census of agriculture; the census of population and housing; and periodic surveys, as provided for by law, $47,400,000, to remain available until expended.

' «•' .^j<-v: .mniiiWfv.}

BUREAU OF ECONOMIC ANALYSIS SALARIES AND EXPENSES

For necessary expenses of the Bureau of Economic Analysis, $12,300,000. ,.,,

ECONOMIC DEVELOPMENT ADMINISTRATION ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

42 USC 3131,

For economic development assistance as authorized by titles I, II, III, IV, and IX of the Public Works and Economic Development Act of 1965, as amended, and title II of the Trade Act of 1974, $360,000,000.

3141, 3151, 31^1'^241.

ADMINISTRATION

OF ECONOMIC DEVELOPMENT ASSISTANCE

PROGRAMS

For necessary expenses of administering the economic development assistance programs, not otherwise provided for, $26,725,000, of which not to exceed $300,000 may be advanced to the Small Business Administration for processing of loan applications. aijR kt aoiisti^

,.

REGIONAL ACTION PLANNING COMMISSIONS REGIONAL DEVELOPMENT PROGRAMS

42 USC 3181.

For expenses necessary to carry out the programs authorized by title V of the Public Works and Economic Development Act of 1965, as amended, $63,500,000, to remain available until expended. DOMESTIC AND INTERNATIONAL BUSINESS ADMINISTRATION OPERATIONS A N D

ADMINISTRATION

For necessary expenses for domestic business activities of the Department of Commerce; necessary expenses for international business activities, including trade promotional activities abroad without regard to the provisions of law set forth in 41 U.S.C. 5 and 13, and 44

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Summa Theologiae/Second Part of the Second Part/Question 90

Question. 90 - OF THE TAKING OF GOD'S NAME BY WAY OF ADJURATION (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?

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."

Objection 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.

Objection 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 to Objection 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 [*Mat. 26:63].

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

Reply to Objection 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.

Art. 1 - 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.

Objection 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.

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

Reply to Objection 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 to Objection 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.

Art. 2 - 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.

Objection 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.

Objection 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 (Mat. 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.


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Page:United States Statutes at Large Volume 90 Part 1.djvu/999

 PUBLIC LAW 9 4 - 3 6 2 — J U L Y 14, 1976 U.S.C. 501, 3702, and 3703; full medical coverage for dependent members of immediate families of employees stationed overseas; purchase of commercial and trade report s; employment of aliens by contract for services a b r o a d; rental of space abroad, for periods not exceeding five years, and expenses of alteration, repair, or improvement; purchase or construction of temporary demountable exhibition structures for use a b r o a d; advance of funds under contracts abroad; payment of tort claims, in the manner authorized in the first paragraph of 28 U.S.C. 2672 when such claims arise in foreign countries; and not to exceed $4,200 for official representation expenses abroad; necessary expenses to carry out the provisions of the Defense P r o duction Act of 1950, as amended; and necessary expenses for carrying out the E x p o r t Administration Act of 1969, as amended and extended by the E q u a l E x p o r t Opportunity Act, including awards of compensation to informers under said Act and as authorized by 22 U.S.C. 4 0 1 (b); $62,912,000, to remain available until expended, of which not to exceed $678,000 may be advanced to the United States Customs Service, Treasury Department, for enforcement of the export administration program: Provided, That the provisions of the first sentence of section 105(f) and all of section 108(c) of the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying out the activities concerned with international business activities. MINORITY

BUSINESS

MINORITY B U S I N E S S

90 STAT. 949

50 USC app. 2061. 50 USC app. 2401 note.

ENTEKPRISE DEVELOPMENT

For necessary expenses of the Department of Commerce in f osterin'v, promoting, and developing minority business enterprise, $50,000,000, of which $38,535,000 shall remain available until expended: Provided, That not to exceed $11,465,000 shall be available for program development and management. UNITED

STATES TRAVEL, SERVICE

SALARIES AND

EXPENSES

For necessary expenses to carry out the provisions of the International Travel Act of 1961, as amended, including employment of 22 USC 2121 aliens by contract for service abroad; rental of space abroad, for note. periods not exceeding five years, and expenses of alteration, repair, or improvement; advance of funds under contracts abroad; payment of to r t claims, in the manner authorized in the first paragraph of section 2672 of title 28 of the United States Code, when such claims arise in foreign countries; and not to exceed $3,500 for representation expenses abroad; and for necessary expenses to carry out the provisions of the Act of July 19, 1940, as amended, $14,470,000, of 16 USC 18-18<1. which not less than $1,500,000 shall be available for the domestic tourism promotion program. NATIONAL

OCEANIC AND ATMOSPHERIC

ADMCNISTRATIOX

OPERATIONS, R E S E A R C H, AND FACILITIE

For expenses necessary for the National Oceanic and A- mospheric Administration, including research and development; acquisition of two rotary-winged aircraft; maintenance, operation, and hire of aircraft; expenses of an authorized strength of 388 commissioned officers

33 USC 851.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1000

 90 STAT. 9 5 0

10 USC 1431.

r"'

PUBLIC LAW 9 4 - 3 6 2 — J U L Y 14, 1976 on the active list; p a y of commissioned officers retired in accordance with law and payments under the Retired Serviceman's F a m i l y Protection and the Survivors Benefit p l a n s; construction of facilities, including initial equipment; alteration, modernization, and relocation of facilities; and acquisition of land for facilities; $566,270,000, to remain available until expended, of which so much as may become available during the current fiscal year shall be derived from the Pribilof Islands F u n d: Provided, That this appropriation shall be available for payment to the National Aeronautics and Space Administration for procurement, in accordance with the authority available to that Administration, of such equipment or facilities as may be necessary, for the purposes of this a p p r o p r i a t i o n: Provided further, That of the amount herein appropriated, $1,500,000 shall be available for studies (including surv^eys, mission analyses, cost analyses, and initiation of a design and engineering study) for a n underwater ocean laboratory. COASTAL ZONE

16 USC 1451 note.

MANAGEMENT

For carrying out the provisions of Public Law 92-583, as amended, $18,050,000, to remain available until expended. F I S H E R M E N ' S GUARANTY FUND

22 USC 1971 note.

For payment to the Fishermen's G u a r a n t y F u n d, established pursuant to the Act of August 12, 1968 (82 Stat. 729), $61,000 to remain available until expended. CONSTRUCTION

For expenses necessary for the National Oceanic and Atmospheric Administration for p l a n n i n g the construction of facilities and construction of a n access road and security fencing, $970,000, to remain available until expended. NATIONAL F I R E PREVENTION AND CONTROL ADMINISTRATION OPERATIONS, RESEARCH, AND ADMINISTRATION

15 USC 2201 note.

For expenses necessary to carry out the provisions of the Federal F i r e Prevention and Control Act of 1974, $12,239,000, to remain available until expended. P A T E N T AND TRADEMARK OFFICE SALARIES AND EXPENSES

mi -ii I?.

For necessary expenses of the P a t e n t and Trade m a r k Office, including defense of suits instituted against the Commissioner of Patents and Trademarks, $86,400,000. S C I E N C E AND T E C H N I C A L RESEARCH SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

^?.p >""

"

For necessary expenses of the National Bureau of Standard s, including the acquisition of buildings, grounds, and other facilities; the National Technical Information Service; and the Office of Telecommunications; $68,785,000, to remain available until expended, of A. h (ch not to exceed $2,085,000 may be transferred to the " W o r k i n g C: pital F u n d ", National Bureau of Standard s, for additional r j i t a l.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1001

 PUBLIC LAW 94-362—JULY 14, 1976

90 STAT. 951

MARITIME ADMINISTRATION OPERATING-DIFFERENTIAL SUBSIDIES (LIQUIDATION OF CONTRACT AUTHORITY)

For the payment of obligations incurred for operating-differential subsidies as authorized by the Merchant Marine Act, 1936, as amended, 46 USC 1245. $388,000,000, to remain available until expended. i RESEARCH AND DEVELOPMENT

For expenses necessary for research, development, fabrication, and test operation of experimental facilities and equipment; collection and dissemination of maritime technical and engineering information; studies to improve water transportation systems; $18,500,000, to remain available until expended. OPERATIONS AND TRAINING

For expenses necessary for carrying out the Merchant Marine Act, 1936, as amended, and the training of cadets as officers of the Merchant Marine, including not to exceed $2,000 for entertainment of officials of other countries when specifically authorized by the Maritime Administrator; not to exceed $1,500 for representation allowances; not to exceed $2,500 for contingencies for the Superintendent, United States Merchant Marine Academy, to be expended in his discretion; $48,200,000, to remain available until expended: Provided, That reimbursement may be made to this appropriation for expenses in support of activities for National Maritime Research Centers financed from the appropriation for "Research and development": Provided further,, That reimbursements may be made to this appropriation from receipts to the "Federal ship financing fund" for administrative expenses in support of that program. GENERAL PROVISIONS—MARITIME ADMINISTRATION

Notwithstanding any other provision of this Act, the Maritime Administration is authorized to furnish utilities and services and make necessary repairs in connection with any lease, contract, or occupancy involving Government property under control of the Maritime Administration and payments received by the Maritime Administration for utilities, services, and repairs so furnished or made shall be credited to the appropriation charged with the cost thereof: Provided,, That rental payments under any such lease, contract, or occupancy on account of items other than such utilities, services, or repairs shall be covered into the Treasury as miscellaneous receipts. No obligations shall be incurred during the current fiscal year from the construction fund established by the Merchant Marine Act, 1936, or otherwise, in excess of the appropriations and limitations 46 USC 1116. contained in this Act, or in any prior appropriation Act, and all receipts which otherwise would be deposited to the credit of said fund shall be covered into the Treasury as miscellaneous receipts. GENERAL PROVISIONS—DEPARTMENT OF COMMERCE

SEC. 302. During the current fiscal year applicable appropriations and funds available to the Department of Commerce shall be available for the activities specified in the Act of October 26, 1949 (15 U.S.C. 1514), to the extent and in the manner prescribed by said Act.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1002

 9 0 STAT. 952

Citation of title. Judiciary Appropriation Act, 1977.

PUBLIC LAW 9 4 - 3 6 2 - - J U L Y 14, 1976 SEC. 303. During the current fiscal year appropriations to the Department of Commerce which are available for salaries and expenses shall be available for hire of passenger motor vehicles; services as authorized by 5 U.S.C. 3109; and uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901-5902). SEC. 304. No part of any appropriation contained in this title shall be used for construction of any ship in any foreign country. T h i s title may be cited as the " Department of Commerce Appropriation Act, 1977". TITLE IV—THE JUDICIARY SUPREME

COURT OF THE UNITED

,. |

STATES

SALARIES AND EXPENSES

For expenses necessary for the operation of the Supreme Court, as required by law, excluding care of the building and grounds, including purchase, or hire, driving, maintenance and operation of an automobile for the Chief Justice; not to exceed $5,000 for official reception and representation expenses; and for miscellaneous expenses, to be expended as the Chief Justice may a p p r o v e; $7,482,000. CARE OF THE BUILDING AND GROUNDS

5 USC 5101 et seq., 8331 et seq.

For such expenditures as may be necessary to enable the Architect of the Capitol to carry out the duties imposed upon him by the Act approved May 7, 1934 (40 U.S.C. 13a-13b), including improvements, maintenance, repairs, equipment, supplies, materials, and appurtenances; special clothing for workmen; and personal and other services (including temporary labor without reference to the Classification and Retirement Acts, as amended), and for snow removal by hire of men and equipment or under contract without compliance with section 3709 of the Revised Statutes, as amended (41 U.S.C. 5); $800,000. COURT OF CUSTOMS AND P A T E N T

APPEALS

SALARIES AND EXPENSES

For salaries of the chief judge, four associate judges, and all other officers and employees of the court, and necessary expenses of the court, including exchange of books, and traveling expenses, as may be approved by the chief judge, $898,000. CUSTOMS

COURT

SALARIES AND EXPENSES

For salaries of the chief judge and eight judges; salaries of the officers and employees of the court; services as authorized hj 5 U.S.C. 3109; and necessary expenses of the court, including exchange of books and traveling expenses, as may be approved by the court; $2,705.000: Provided, That traveling expenses of judges of the Customs Court shall be paid upon written certificate of the judge.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1003

 PUBLIC LAW 94-362—JULY 14, 1976

90 STAT. 953

CouKT OF CLAIMS SALARIES AND EXPENSES

For salaries of the chief judge, six associate judges, and all other officers and employees of the court, and for other necessary expenses, including stenographic and other fees and charges necessary in the taking of testimony, and travel, $2,536,000. COURTS or APPEALS, DISTRICT COURTS, AND OTHER JUDICIAL SERVICES -

SALARIES OF JUDGES

For salaries of circuit judges; district judges (including judges of the district courts of the Virgin Islands, the Panama Canal Zone, and Guam); justices and judges retired or resigned under title 28, United States Code, sections 371, 372, and 373; and annuities of widows of Justices of the Supreme Court of the United States in accordance with title 28, United States Code, section 375; $29,782,000. SALARIES OP SUPPORTING PERSONNEL

For salaries of all officials and employees of the Federal Judiciary, not otherwise specifically provided for, $132,250,000: Provided, That the salaries of secretaries to circuit and district judges shall not exceed the compensation established in chapter 51 of title 5, United States Code, for General Schedule grade (GS) 5, 6, 7, 8, 9, or 10, and that the salaries of law clerks to circuit and district judges shall not exceed the compensation established in chapter 51 of title 5, United States Code, for General Schedule grade (GS) 7, 8, 9,10,11, or 12: Provided further, That (exclusive of step increases corresponding with those provided for by chapter 53 of title 5 of the United States Code, post differential and allowances for employees stationed outside the continental United States and in Alaska and of compensation paid for temporary assistance needed because of an emergency) the aggregate salaries paid to secretaries and law clerks appointed by each of the circuit and district judges shall not exceed $63,947 and $38,767 per annum, respectively, except in the case of the chief judge of each circuit and the chief judge of each district court having five or more district judges, in which case the aggregate salaries shall not exceed $78,771 and $49,813 per annum, respectively: Provided further, That the chief judge of each circuit may appoint a senior law clerk to the court at not more than $31,500 per annum, without regard to the limitations referred to above. REPRESENTATION BY COURT-APPOINTED COUNSEL AND OPERATION OF DEFENDER ORGANIZATIONS

For the operation of Federal Public Defender and Community Defender organizations, and the compensation and reimbursement of expenses of attorneys appointed to represent persons under the Criminal Justice Act of 1964 (18 U.S.C. 3006A, as amended by Public Law 91-447, October 14, 1970), $20,686,000, to remain available until expended. FEES OF JURORS

For fees, expenses, and costs of jurors; and compensation of jury commissioners; $19,350,000, to remain available until expended.

28 USC 604 note,

5 USC 5101, 5332 note.

5 USC 5301. -. v^

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1004

 90 STAT. 954

PUBLIC LAW 94-362—JULY 14, 1976 TRAVEL AND MISCELLANEOUS EXPENSES

For necessary travel and miscellaneous expenses, not otherwise provided for, incurred by the Judiciary, including the purchase of firearms and ammunition, $24,380,000. SALARIES AND EXPENSES OF UNITED STATES MAGISTRATES

For compensation and expenses of United States Magistrates, including secretarial and clerical assistance, as authorized by 28 U.S.C. 634r-635, $12,341,000. SALARIES AND EXPENSES OF REFEREES

For salaries and expenses of referees as authorized by the Act of June 28, 1946, as amended (11 U.S.C. 68, 102), not to exceed $30,201,000, to be derived from the Referees' salary and expense fund established in pursuance of said Act, and, to the extent of any deficiency in said fund, from any monies in the Treasury not otherwise appropriated: Provided, That $660,000 shall be transferred to the appropriation for "Administrative Office of the United States Courts" for general administrative expenses of the bankruptcy system, •i'Ms'i'-•

ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS SALARIES AND EXPENSES

For necessary expenses of the Administrative Office of the United States Courts, including travel, advertising, and rent in the District of Columbia and elsewhere, $8,320,000. FEDERAL JUDICIAL CENTER SALARIES A N D

28 USC 620.

EXPENSES

For necessary expenses of the Federal Judicial Center, as authorized by Public Law 90-219, $7,650,000. SPACE AND FACILITIES, THE JUDICIARY SPACE AND F A C I L I T I E S

For the rental of space, tenant alterations, and related services for the United States Courts of Appeals and District Courts, the Court of Customs and Patent Appeals, the Customs Court, the Court of Claims, the Administrative Office of the United States Courts and the Federal Judicial Center, pursuant to the Public Buildings Amend40 USC 603 note, ments of 1972, Public Law 92-313, June 16, 1972 (86 Stat. 216), $71,980,000, to be available for transfer to the General Services Administration which shall be responsible for administering the program in compliance with standards or guidelines prescribed by the Director of the Administrative Office of the United States Courts under the supervision and direction of the Judicial Conference of the United States.

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Summa Theologiae/Second Part of the Second Part/Question 91

Question. 91 - OF TAKING THE DIVINE NAME FOR THE PURPOSE OF INVOKING IT BY MEANS OF PRAISE (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?

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."

Objection 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 Is. 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.

Objection 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 Is. 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 to Objection 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 (Is. 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 to Objection 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 to Objection 3: We praise God, not for His benefit, but for ours as stated.

Art. 2 - Whether God should be praised with song?
Objection 1: It would seem that God should not be praised with song. For the Apostle says (Col. 3:16): "Teaching and admonishing one another in psalms, hymns and spiritual canticles." Now we should employ nothing in the divine worship, save what is delivered to us on the authority of Scripture. Therefore it would seem that, in praising God, we should employ, not corporal but spiritual canticles.

Objection 2: Further, Jerome in his commentary on Eph. 5:19, "Singing and making melody in your hearts to the Lord," says: "Listen, young men whose duty it is to recite the office in church: God is to be sung not with the voice but with the heart. Nor should you, like play-actors, ease your throat and jaws with medicaments, and make the church resound with theatrical measures and airs." Therefore God should not be praised with song.

Objection 3: Further, the praise of God is competent to little and great, according to Apoc. 14, "Give praise to our God, all ye His servants; and you that fear Him, little and great." But the great, who are in the church, ought not to sing: for Gregory says (Regist. iv, ep. 44): "I hereby ordain that in this See the ministers of the sacred altar must not sing" (Cf. Decret., dist. xcii., cap. In sancta Romana Ecclesia). Therefore singing is unsuitable to the divine praises.

Objection 4: Further, in the Old Law God was praised with musical instruments and human song, according to Ps. 32:2,3: "Give praise to the Lord on the harp, sing to Him with the psaltery, the instrument of ten strings. Sing to Him a new canticle." But the Church does not make use of musical instruments such as harps and psalteries, in the divine praises, for fear of seeming to imitate the Jews. Therefore in like manner neither should song be used in the divine praises.

Objection 5: Further, the praise of the heart is more important than the praise of the lips. But the praise of the heart is hindered by singing, both because the attention of the singers is distracted from the consideration of what they are singing, so long as they give all their attention to the chant, and because others are less able to understand the thing that are sung than if they were recited without chant. Therefore chants should not be employed in the divine praises.

On the contrary, Blessed Ambrose established singing in the Church of Milan, a Augustine relates (Confess. ix).

I answer that, As stated above (A[1]), the praise of the voice is necessary in order to arouse man's devotion towards God. Wherefore whatever is useful in conducing to this result is becomingly adopted in the divine praises. Now it is evident that the human soul is moved in various ways according to various melodies of sound, as the Philosopher state (Polit. viii, 5), and also Boethius (De Musica, prologue). Hence the use of music in the divine praises is a salutary institution, that the souls of the faint-hearted may be the more incited to devotion. Wherefore Augustine say (Confess. x, 33): "I am inclined to approve of the usage of singing in the church, that so by the delight of the ears the faint-hearted may rise to the feeling of devotion": and he says of himself (Confess. ix, 6): "I wept in Thy hymns and canticles, touched to the quick by the voices of Thy sweet-attuned Church."

Reply to Objection 1: The name of spiritual canticle may be given not only to those that are sung inwardly in spirit, but also to those that are sung outwardly with the lips, inasmuch as such like canticles arouse spiritual devotion.

Reply to Objection 2: Jerome does not absolutely condemn singing, but reproves those who sing theatrically in church not in order to arouse devotion, but in order to show off, or to provoke pleasure. Hence Augustine says (Confess. x, 33): "When it befalls me to be more moved by the voice than by the words sung, I confess to have sinned penally, and then had rather not hear the singer."

Reply to Objection 3: To arouse men to devotion by teaching and preaching is a more excellent way than by singing. Wherefore deacons and prelates, whom it becomes to incite men's minds towards God by means of preaching and teaching, ought not to be instant in singing, lest thereby they be withdrawn from greater things. Hence Gregory says (Regist. iv, ep. 44): "It is a most discreditable custom for those who have been raised to the diaconate to serve as choristers, for it behooves them to give their whole time to the duty of preaching and to taking charge of the alms."

Reply to Objection 4: As the Philosopher says (Polit. viii, 6), "Teaching should not be accompanied with a flute or any artificial instrument such as the harp or anything else of this kind: but only with such things as make good hearers." For such like musical instruments move the soul to pleasure rather than create a good disposition within it. In the Old Testament instruments of this description were employed, both because the people were more coarse and carnal---so that they needed to be aroused by such instruments as also by earthly promises---and because these material instruments were figures of something else.

Reply to Objection 5: The soul is distracted from that which is sung by a chant that is employed for the purpose of giving pleasure. But if the singer chant for the sake of devotion, he pays more attention to what he says, both because he lingers more thereon, and because, as Augustine remarks (Confess. x, 33), "each affection of our spirit, according to its variety, has its own appropriate measure in the voice, and singing, by some hidden correspondence wherewith it is stirred." The same applies to the hearers, for even if some of them understand not what is sung, yet they understand why it is sung, namely, for God's glory: and this is enough to arouse their devotion.