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you have extinguished everything. For just as anger is a wind, so is an oath. Lower the sails; there is no benefit of a sail, 60.82 when there is no wind. If, therefore, we do not shout, nor swear, we have cut the sinews of anger. But if you disbelieve, make a test of the matter, and then you will know that it is so. Impose on the angry man a law never to swear, and you will not be forced to discourse with him about forbearance. Thus the whole thing is accomplished; and you will neither perjure yourselves, nor swear at all. Do you not know into how many absurdities you cast yourselves from this? For it is necessary, when you surround yourselves with a bond, and strive with every device to draw the soul out as if from some inescapable evil, and then are not able, to then live in pain and battles, and to curse your anger; but all things become rash and in vain. Therefore threaten, decree, do all things without an oath. It is possible to undo both what has been said, and what has been done, if you wish. Thus today it is necessary to speak to you more gently. For since you have heard, the greater part has been accomplished by you. Come then, let us say for what reason the oath was introduced, and why it was permitted to exist. Relating its origin from the beginning, and when it was born, and how, and by whom, we will reward you for your obedience with the narrative. For it is necessary for the one who has succeeded also to philosophize; but for the one who has not yet, it is not even worthy to hear a discourse. The people around Abraham made many covenants, and slaughtered victims, and offered sacrifices, and there was not yet an oath. From where then did the oath come in? When evils increased, when all things together became upside down, when they inclined toward idolatry; then indeed, then, when they finally appeared unfaithful, they would call God as a witness, as if giving a trustworthy guarantor for what was said. For this is an oath, a guarantee for mistrusted characters. So this is the first accusation against the one who swears, if he is not believed without a guarantor, and a great guarantor; for because of their great unbelief they do not seek a man as guarantor, but God. Secondly, it is the same crime for the one who receives the oath, if, disputing over transactions, he should drag God to be the guarantee, and say that he would not desist unless he received Him. O the surpassing senselessness, o the insolence! being a worm and earth and ashes and smoke, you drag your Master to be a guarantor, and force Him to accept it. Tell me, if while your slaves were quarreling with one another, and distrusting each other, a fellow slave said that he would not stand down, until he received their common master as a guarantor; would he not have received a thousand blows, and learned that one must use the master for other things, not for these? Why do I say a fellow slave? For if he chose a more respectable man, would he not have considered the matter an insult? But I do not wish it, he says. Fine; therefore do not compel that one either, since this also happens among men, if he should say, I give so-and-so as a guarantor, you do not accept it. What then? And shall I lose, he says, what is being given? I do not say this, but that you tolerate insulting God. Therefore the one who compels rather than the one who swears has an inescapable punishment; likewise also the one who swears when no one asks. And what is more grievous, is that each one swears for a single obol, for a small addition, for an injustice. These things, when there are no perjuries. but if it is attended by perjury, both the one who took and the one who gave have turned everything upside down. But there are some unknown things, he says. But foreseeing these things, do nothing carelessly; but if you act carelessly, demand from yourself the penalty of a loss. It is better to suffer loss this way, than in another. For tell me, you drag the man to an oath, expecting what? that he will commit perjury? But this is 60.83 of the utmost folly; for upon your own head the penalty will be turned; it is better for you to lose the money, than for him to be destroyed. Why do you do this with your own loss, and with insolence toward God? This is the soul of a wild beast, and of an impious man. But I expect that he will not commit perjury. Therefore believe him even without an oath. But there are many, he says, who chose to defraud without an oath; but after an oath, no longer. You deceive yourself, O man. A man who has learned to steal and the
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ἔσβεσας ἅπαντα. Ὥσπερ γὰρ πνεῦμα ἡ ὀργὴ, καὶ ὁ ὅρκος ἐστί. Χάλασον τὰ ἱστία· οὐδὲν ὄφελος ἱστίου, 60.82 πνεύματος οὐκ ὄντος. Ἂν τοίνυν μὴ κράζωμεν, μηδὲ ὀμνύωμεν, τὰ νεῦρα ἐξεκόψαμεν τοῦ θυμοῦ. Εἰ δὲ ἀπιστεῖτε, πεῖραν λάβετε τοῦ πράγματος, καὶ ὅτι οὕτως ἔχει, τότε γνώσεσθε. Θὲς τῷ θυμουμένῳ νόμον μηδέποτε ὀμνύναι, καὶ οὐκ ἀναγκασθήσῃ περὶ ἐπιεικείας αὐτῷ διαλεχθῆναι. Οὕτω τὸ πᾶν ἤνυσται· καὶ οὔτε ἐπιορκήσετε, οὔτε ὀμόσεσθε ὅλως. Οὐκ ἴστε, εἰς ὅσας ἀτοπίας ἑαυτοὺς ἐντεῦθεν ἐμβάλλετε; Ἀνάγκη γὰρ δεσμῷ ἑαυτοὺς περιβάλλοντες, καὶ πάσῃ μηχανῇ σπουδάζοντες ὥστε καθάπερ ἐξ ἀφύκτου τινὸς κακοῦ τὴν ψυχὴν ἐξελκύσαι, εἶτα μὴ δυνηθέντες, λοιπὸν ἐν ὀδύνῃ διάγειν καὶ μάχαις, καὶ ἀρᾶσθαι τῷ θυμῷ· ἀλλὰ πάντα εἰκῆ καὶ μάτην γίνεται. Οὐκοῦν ἀπείλησον, διόρισαι, πάντα ποίησον χωρὶς ὅρκου. Ἔξεστιν ἀναλῦσαι καὶ τὰ λεχθέντα, καὶ τὰ γενόμενα, ἂν θέλῃς. Οὕτω τήμερον ἀνάγκη πραότερον ὑμῖν διαλεχθῆναι. Ἐπειδὴ γὰρ ἠκούσατε, καὶ τὸ πλέον ὑμῖν κατώρθωται. Φέρε δὴ λοιπὸν, τίνος ἕνεκεν ἐπεισῆλθεν ὁ ὅρκος, καὶ διὰ τί συνεχωρήθη εἶναι, εἴπωμεν. Ἄνωθεν τὴν γένεσιν αὐτοῦ διηγούμενοι, καὶ πότε ἐτέχθη, καὶ πῶς, καὶ παρὰ τίνων, ἀμειψόμεθα ὑμᾶς τῇ διηγήσει ὑπὲρ τῆς ὑπακοῆς. Τὸν μὲν γὰρ κατωρθωκότα ἀναγκαῖον καὶ φιλοσοφεῖν· τὸν δὲ μηδέπω, οὐδὲ λόγον ἀκοῦσαι ἄξιον. Ἐποίησαν συνθήκας πολλὰς οἱ περὶ τὸν Ἀβραὰμ, καὶ ἔσφαξαν θύματα, καὶ θυσίας ἀνήνεγκαν, καὶ οὐδέπω ἦν ὅρκος. Πόθεν οὖν ἐπεισῆλθεν ὁ ὅρκος; Ὅτε τὰ κακὰ ηὐξήθη, ὅτε πάντα ὁμοῦ ἄνω καὶ κάτω γέγονεν, ὅτε πρὸς εἰδωλολατρείαν ἀπέκλιναν· τότε δὴ, τότε, ὅτε ἄπιστοι λοιπὸν ἐφαίνοντο, τὸν Θεὸν ἐκάλουν μάρτυρα, ὥσπερ ἐγγυητὴν διδόντες τῶν λεγομένων ἀξιόχρεων. Τοῦτο γὰρ ὅρκος ἐστὶ, τρόπων ἀπιστουμένων ἐγγύη. Ὥστε πρώτη κατηγορία αὕτη τοῦ ὀμνύοντος, εἰ μὴ πιστεύοιτο χωρὶς ἐγγύου, καὶ ἐγγύου μεγάλου· διὰ γὰρ τὴν πολλὴν ἀπιστίαν οὐκ ἄνθρωπον ζητοῦσιν ἔγγυον, ἀλλὰ τὸν Θεόν. ∆εύτερον, καὶ τοῦ λαμβάνοντος τὸν ὅρκον τὸ αὐτὸ ἔγκλημα, εἰ ὑπὲρ συναλλαγμάτων διαφερόμενος, τὸν Θεὸν ἕλκοι πρὸς τὴν ἐγγύην, καὶ λέγοι μὴ ἀφίστασθαι, εἰ μὴ ἐκεῖνον λάβοι. Ὢ τῆς ὑπερβαλλούσης ἀναισθησίας, ὢ τῆς ὕβρεως! σκώληξ καὶ γῆ καὶ σποδὸς τυγχάνων καὶ καπνὸς, τὸν ∆εσπότην σου ἕλκεις εἰς ἐγγύην, κἀκεῖνον ἀναγκάζεις λαβεῖν. Εἰπέ μοι, εἰ τῶν παίδων ὑμῶν φιλονεικούντων πρὸς ἀλλήλους, καὶ ἀπιστουμένων ἑαυτοῖς, ἔφησεν ὁ ὁμόδουλος μὴ ἀποστήσεσθαι, ἕως ἂν τὸν κοινὸν δεσπότην ἐγγυητὴν λάβοι· ἆρα οὐκ ἂν ἔλαβε πληγὰς μυρίας, καὶ ἔμαθεν, ὅτι τῷ δεσπότῃ εἰς ἄλλα κεχρῆσθαι δεῖ, οὐκ εἰς ταῦτα; Τί λέγω ὁμόδουλον; Εἰ γὰρ αἰδεσιμώτερον εἵλετο ἄνδρα, οὐχ ὕβριν τὸ πρᾶγμα ἡγήσατο ἄν; Ἀλλ' ἐγὼ οὐ βούλομαι, φησί. Καλῶς· οὐκοῦν μηδὲ ἐκεῖνον ἀνάγκαζε, ἐπεὶ καὶ ἐπ' ἀνθρώπων τοῦτο γίνεται, ἂν εἴπῃ, Τὸν δεῖνα δίδωμι ἐγγυητὴν, σὺ οὐκ ἀνέχῃ. Τί οὖν; καὶ ἀπολέσω, φησὶ, τὸ διδόμενον; Οὐ λέγω τοῦτο, ἀλλὰ ὅτι τὸν Θεὸν ὑβρίσαι ἀνέχῃ. ∆ιὸ καὶ μᾶλλον ὁ καταναγκάζων ἢ ὁ ὀμνὺς ἀπαραίτητον ἔχει τὴν κόλασιν· ὡσαύτως καὶ ὁ μηδενὸς αἰτοῦντος ὀμνύς. Καὶ τὸ δὴ χαλεπώτερον, ὅτι ὀμνύει ἕκαστος ὑπὲρ ὀβολοῦ ἑνὸς, ὑπὲρ προσθήκης μικρᾶς, ὑπὲρ ἀδικίας. Ταῦτα, ὅταν μὴ ὦσιν ἐπιορκίαι. ἂν δὲ ἐπιορκίᾳ παρακολουθήσῃ, πάντα ἄνω καὶ κάτω, καὶ ὁ λαβὼν, καὶ ὁ δοὺς πεποίηκεν. Ἀλλ' ἔστιν ἀγνοούμενά τινα, φησίν. Ἀλλὰ ταῦτα προορώμενος, μηδὲν ποίει ῥᾳθύμως· εἰ δὲ ῥᾳθύμως ποιεῖς, ἀπαίτει σαυτὸν δίκην ζημίας. Βέλτιον οὕτω ζημιωθῆναι, ἢ ἑτέρως. Εἰπὲ γάρ μοι, ἕλκεις εἰς ὅρκον τὸν ἄνδρα, τί προσδοκῶν; ὅτι ἐπιορκήσει; Ἀλλὰ τοῦτο 60.83 ἀνοίας ἐσχάτης· ἐπὶ τὴν σὴν γὰρ κεφαλὴν ἡ δίκη τραπήσεται· βέλτιόν σε τὰ χρήματα ἀπολέσαι, ἢ ἐκεῖνον ἀπόλλυσθαι. Τί μετὰ τῆς σῆς ζημίας τοῦτο ποιεῖς, καὶ μετὰ τῆς ὕβρεως τοῦ Θεοῦ; Θηρίου αὕτη ἡ ψυχὴ, καὶ ἀσεβοῦς ἀνδρός. Ἀλλὰ προσδοκῶ, ὅτι οὐκ ἐπιορκήσει. Οὐκοῦν καὶ χωρὶς ὅρκου πίστευσον. Ἀλλ' εἰσὶ πολλοὶ, φησὶν, οἳ χωρὶς ὅρκου εἵλοντο ἀποστερῆσαι· μετὰ δὲ ὅρκον, οὐκέτι. Ἀπατᾷς σεαυτὸν, ἄνθρωπε. Ἄνθρωπος κλέπτειν μεμαθηκὼς καὶ τὸν