Whether It Is Always a Mortal Sin to Give False Evidence?
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.
Obj. 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.
Obj. 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 Obj. 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 and intentionally, but accidentally contrary
to what he intends.
Reply Obj. 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 Obj. 3: Men abhor chiefly those sins 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.
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