|
Objection 1: It would seem that it is not always a mortal sin to
give false evidence. For a person may happen to give false evidence,
through ignorance of fact. Now such ignorance excuses from mortal
sin. Therefore the giving of false evidence is not always a mortal
sin.
Objection 2: Further, a lie that benefits someone and hurts no man
is officious, and this is not a mortal sin. Now sometimes a lie of
this kind occurs in false evidence, as when a person gives false
evidence in order to save a man from death, or from an unjust sentence
which threatens him through other false witnesses or a perverse judge.
Therefore in such cases it is not a mortal sin to give false evidence.
Objection 3: Further, a witness is required to take an oath in
order that he may fear to commit a mortal sin of perjury. But this
would not be necessary, if it were already a mortal sin to give false
evidence. Therefore the giving of false evidence is not always mortal
sin.
On the contrary, It is written (Prov. 19:5): "A false
witness shall not be unpunished."
I answer that, False evidence has a threefold deformity. The first
is owing to perjury, since witnesses are admitted only on oath and on
this count it is always a mortal sin. Secondly, owing to the
violation of justice, and on this account it is a mortal sin
generically, even as any kind of injustice. Hence the prohibition of
false evidence by the precept of the decalogue is expressed in this form
when it is said (Ex. 20:16), "Thou shalt not bear false
witness against thy neighbor." For one does nothing against a man by
preventing him from doing someone an injury, but only by taking away
his justice. Thirdly, owing to the falsehood itself, by reason of
which every lie is a sin: on this account, the giving of false
evidence is not always a mortal sin.
Reply to Objection 1: In giving evidence a man ought not to affirm
as certain, as though he knew it, that about which he is not certain
and he should confess his doubt in doubtful terms, and that which he is
certain about, in terms of certainty. Owing however to the frailty of
the human memory, a man sometimes thinks he is certain about something
that is not true; and then if after thinking over the matter with due
care he deems himself certain about that false thing, he does not sin
mortally if he asserts it, because the evidence which he gives is not
directly an intentionally, but accidentally contrary to what he
intends.
Reply to Objection 2: An unjust judgment is not a judgment,
wherefore the false evidence given in an unjust judgment, in order to
prevent injustice is not a mortal sin by virtue of the judgment, but
only by reason of the oath violated.
Reply to Objection 3: Men abhor chiefly those sin that are against
God, as being most grievous and among them is perjury: whereas they
do not abhor so much sins against their neighbor. Consequently, for
the greater certitude of evidence, the witness is required to take a
oath.
|
|