Whether It Is Necessary for Perjury That the Statement Confirmed on
Oath Be False?
Objection 1: It would seem that it is not necessary for perjury that
the statement confirmed on oath be false. As stated above (Q. 89, A.
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.
Obj. 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.
Obj. 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 (Q. 92, A. 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 Obj. 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 Obj. 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 Obj. 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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