Whether All Perjury Is a Mortal Sin?
Objection 1: It would seem that not all perjury is a mortal sin. It
is laid down (Extra, De Jurejur., cap. Verum): "Referring to the
question whether an oath is binding on those who have taken one in
order to safeguard their life and possessions, we have no other mind
than that which our predecessors the Roman Pontiffs are known to have
had, and who absolved such persons from the obligations of their
oath. Henceforth, that discretion may be observed, and in order to
avoid occasions of perjury, let them not be told expressly not to
keep their oath: but if they should not keep it, they are not for
this reason to be punished as for a mortal sin." Therefore not all
perjury is a mortal sin.
Obj. 2. Further, as Chrysostom [*Hom. xliv in the Opus Imperfectum on
St. Matthew, falsely ascribed to St. John Chrysostom] says, "it is a
greater thing to swear by God than by the Gospels." Now it is not
always a mortal sin to swear by God to something false; for instance,
if we were to employ such an oath in fun or by a slip of the tongue
in the course of an ordinary conversation. Therefore neither is it
always a mortal sin to break an oath that has been taken solemnly on
the Gospels.
Obj. 3: Further, according to the Law a man incurs infamy through
committing perjury (VI, qu. i, cap. Infames). Now it would seem that
infamy is not incurred through any kind of perjury, as it is
prescribed in the case of a declaratory oath violated by perjury
[*Cap. Cum dilectus, de Ord. Cognit.]. Therefore, seemingly, not all
perjury is a mortal sin.
_On the contrary,_ Every sin that is contrary to a divine precept is
a mortal sin. Now perjury is contrary to a divine precept, for it is
written (Lev. 19:12): "Thou shalt not swear falsely by My name."
Therefore it is a mortal sin.
_I answer that,_ According to the teaching of the Philosopher
(Poster. i, 2), "that which causes a thing to be such is yet more
so." Now we know that an action which is, by reason of its very
nature, a venial sin, or even a good action, is a mortal sin if it be
done out of contempt of God. Wherefore any action that of its nature,
implies contempt of God is a mortal sin. Now perjury, of its very
nature implies contempt of God, since, as stated above (A. 2), the
reason why it is sinful is because it is an act of irreverence
towards God. Therefore it is manifest that perjury, of its very
nature, is a mortal sin.
Reply Obj. 1: As stated above (Q. 89, A. 7, ad 3), coercion does not
deprive a promissory oath of its binding force, as regards that which
can be done lawfully. Wherefore he who fails to fulfil an oath which
he took under coercion is guilty of perjury and sins mortally.
Nevertheless the Sovereign Pontiff can, by his authority, absolve a
man from an obligation even of an oath, especially if the latter
should have been coerced into taking the oath through such fear as
may overcome a high-principled man.
When, however, it is said that these persons are not to be punished
as for a mortal sin, this does not mean that they are not guilty of
mortal sin, but that a lesser punishment is to be inflicted on them.
Reply Obj. 2: He that swears falsely in fun is nonetheless irreverent
to God, indeed, in a way, he is more so, and consequently is not
excused from mortal sin. He that swears falsely by a slip of tongue,
if he adverts to the fact that he is swearing, and that he is
swearing to something false, is not excused from mortal sin, as
neither is he excused from contempt of God. If, however, he does not
advert to this, he would seem to have no intention of swearing, and
consequently is excused from the sin of perjury.
It is, however, a more grievous sin to swear solemnly by the Gospels,
than to swear by God in ordinary conversation, both on account of
scandal and on account of the greater deliberation. But if we
consider them equally in comparison with one another, it is more
grievous to commit perjury in swearing by God than in swearing by the
Gospels.
Reply Obj. 3: Not every sin makes a man infamous in the eye of the
law. Wherefore, if a man who has sworn falsely in a declaratory oath
be not infamous in the eye of the law, but only when he has been so
declared by sentence in a court of law, it does not follow that he
has not sinned mortally. The reason why the law attaches infamy
rather to one who breaks a promissory oath taken solemnly is that he
still has it in his power after he has sworn to substantiate his
oath, which is not the case in a declaratory oath.
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