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Objection 1: It would seem that it is not necessary for perjury that
the statement confirmed on oath be false. As stated above (Question
89, Article 3), an oath should be accompanied by judgment and
justice no less than by truth. Since therefore perjury is incurred
through lack of truth, it is incurred likewise through lack of
judgment, as when one swears indiscreetly, and through lack of
justice, as when one swears to something unjust.
Objection 2: Further, that which confirms is more weighty than the
thing confirmed thereby: thus in a syllogism the premises are more
weighty than the conclusion. Now in an oath a man's statement is
confirmed by calling on the name of God. Therefore perjury seems to
consist in swearing by false gods rather than in a lack of truth in the
human statement which is confirmed on oath.
Objection 3: Further, Augustine says (De Verb. Apost.
Jacobi; Serm. clxxx): "Men swear falsely both in deceiving
others and when they are deceived themselves"; and he gives three
examples. The first is: "Supposing a man to swear, thinking that
what he swears to is true, whereas it is false"; the second is:
"Take the instance of another who knows the statement to be false,
and swears to it as though it were true"; and the third is: "Take
another, who thinks his statement false, and swears to its being
true, while perhaps it is true," of whom he says afterwards that he
is a perjurer. Therefore one may be a perjurer while swearing to the
truth. Therefore falsehood is not necessary for perjury.
On the contrary, Perjury is defined "a falsehood confirmed by oath"
[Hugh of St. Victor, Sum. Sent. iv, 5].
I answer that, As stated above (Question 92, Article 2),
moral acts take their species from their end. Now the end of an oath
is the confirmation of a human assertion. To this confirmation
falsehood is opposed: since an assertion is confirmed by being firmly
shown to be true; and this cannot happen to that which is false.
Hence falsehood directly annuls the end of an oath: and for this
reason, that perversity in swearing, which is called perjury, takes
its species chiefly from falsehood. Consequently falsehood is
essential to perjury.
Reply to Objection 1: As Jerome says on Jer. 4:2,
"whichever of these three be lacking, there is perjury," but in
different order. For first and chiefly perjury consists in a lack of
truth, for the reason stated in the Article. Secondly, there is
perjury when justice is lacking, for in whatever way a man swears to
that which is unlawful, for this very reason he is guilty of
falsehood, since he is under an obligation to do the contrary.
Thirdly, there is perjury when judgment is lacking, since by the very
fact that a man swears indiscreetly, he incurs the danger of lapsing
into falsehood.
Reply to Objection 2: In syllogisms the premises are of greater
weight, since they are in the position of active principle, as stated
in Phys. ii, 3: whereas in moral matters the end is of greater
importance than the active principle. Hence though it is a perverse
oath when a man swears to the truth by false gods, yet perjury takes
its name from that kind of perversity in an oath, that deprives the
oath of its end, by swearing what is false.
Reply to Objection 3: Moral acts proceed from the will, whose
object is the apprehended good. Wherefore if the false be apprehended
as true, it will be materially false, but formally true, as related
to the will. If something false be apprehended as false, it will be
false both materially and formally. If that which is true be
apprehended as false, it will be materially true, and formally false.
Hence in each of these cases the conditions required for perjury are to
be found in some way, on account of some measure of falsehood.
Since, however, that which is formal in anything is of greater
importance than that which is material, he that swears to a falsehood
thinking it true is not so much of a perjurer as he that swears to the
truth thinking it false. For Augustine says (De Verb. Apost.
Jacobi; Serm. clxxx): "It depends how the assertion proceeds
from the mind, for the tongue is not guilty except the mind be
guilty."
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