Summa Theologica by Saint Thomas Aquinas (whitelam books .TXT) 📕

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. _______________________

FOURTH ARTICLE [II-II, Q. 98, Art. 4]

Whether He Sins Who Demands an Oath of a Perjurer?

Objection 1: It would seem that he who demands an oath of a perjurer commits a sin. Either he knows that he swears truly, or he knows that he swears falsely. If he knows him to swear truly, it is useless for him to demand an oath: and if he believes him to swear falsely, for his own part he leads him into sin. Therefore nowise seemingly should one enjoin an oath on another person.

Obj. 2: Further, to receive an oath from a person is less than to impose an oath on him. Now it would seem unlawful to receive an oath from a person, especially if he swear falsely, because he would then seem to consent in his sin. Much less therefore would it seem lawful to impose an oath on one who swears falsely.

Obj. 3: Further, it is written (Lev. 5:1): "If anyone sin, and hear the voice of one swearing falsely [*'Falsely' is not in the Vulgate], and is a witness either because he himself hath seen, or is privy to it: if he do not utter it, he shall bear his iniquity." Hence it would seem that when a man knows another to be swearing falsely, he is bound to denounce him. Therefore it is not lawful to demand an oath of such a man.

Obj. 4: On the other hand, Just as it is a sin to swear falsely so is it to swear by false gods. Yet it is lawful to take advantage of an oath of one who has sworn by false gods, as Augustine says (ad Public. Ep. xlvii). Therefore it is lawful to demand an oath from one who swears falsely.

I answer that, As regards a person who demands an oath from another, a distinction would seem to be necessary. For either he demands the oath on his own account and of his own accord, or he demands it on account of the exigencies of a duty imposed on him. If a man demands an oath on his own account as a private individual, we must make a distinction, as does Augustine (de Perjuriis. serm. clxxx): "For if he knows not that the man will swear falsely, and says to him accordingly: 'Swear to me' in order that he may be credited, there is no sin: yet it is a human temptation" (because, to wit, it proceeds from his weakness in doubting whether the man will speak the truth). "This is the evil whereof Our Lord says (Matt. 5:37): That which is over and above these, is of evil. But if he knows the man to have done so," i.e. the contrary of what he swears to, "and yet forces him to swear, he is a murderer: for the other destroys himself by his perjury, but it is he who urged the hand of the slayer."

If, on the other hand, a man demands an oath as a public person, in accordance with the requirements of the law, on the requisition of a third person: he does not seem to be at fault, if he demands an oath of a person, whether he knows that he will swear falsely or truly, because seemingly it is not he that exacts the oath but the person at whose instance he demands it.

Reply Obj. 1: This argument avails in the case of one who demands an oath on his own account. Yet he does not always know that the other will swear truly or falsely, for at times he has doubts about the fact, and believes he will swear truly. In such a case he exacts an oath in order that he may be more certain.

Reply Obj. 2: As Augustine says (ad Public. serm. xlvii), "though we are forbidden to swear, I do not remember ever to have read in the Holy Scriptures that we must not accept oaths from others." Hence he that accepts an oath does not sin, except perchance when of his own accord he forces another to swear, knowing that he will swear falsely.

Reply Obj. 3: As Augustine says (QQ. Super Lev, qu. i), Moses in the passage quoted did not state to whom one man had to denounce another's perjury: wherefore it must be understood that the matter had to be denounced "to those who would do the perjurer good rather than harm." Again, neither did he state in what order the denunciation was to be made: wherefore seemingly the Gospel order should be followed, if the sin of perjury should be hidden, especially when it does not tend to another person's injury: because if it did, the Gospel order would not apply to the case, as stated above (Q. 33, A. 7; Q. 68, A. 1).

Reply Obj. 4: It is lawful to make use of an evil for the sake of good, as God does, but it is not lawful to lead anyone to do evil. Consequently it is lawful to accept the oath of one who is ready to swear by false gods, but it is not lawful to induce him to swear by false gods. Yet it seems to be different in the case of one who swears falsely by the true God, because an oath of this kind lacks the good of faith, which a man makes use of in the oath of one who swears truly by false gods, as Augustine says (ad Public. Ep. xlvii). Hence when a man swears falsely by the true God his oath seems to lack any good that one may use lawfully. _______________________

QUESTION 99

OF SACRILEGE
(In Four Articles)

We must now consider the vices which pertain to irreligion, whereby sacred things are treated with irreverence. We shall consider (1) Sacrilege; (2) Simony.

Under the first head there are four points of inquiry:

(1) What is sacrilege?

(2) Whether it is a special sin?

(3) Of the species of sacrilege;

(4) Of the punishment of sacrilege. _______________________

FIRST ARTICLE [II-II, Q. 99, Art. 1]

Whether Sacrilege Is the Violation of a Sacred Thing?

Objection 1: It would seem that sacrilege is not the violation of a sacred thing. It is stated (XVII, qu. iv [*Append. Gratian, on can. Si quis suadente]): "They are guilty of sacrilege who disagree about the sovereign's decision, and doubt whether the person chosen by the sovereign be worthy of honor." Now this seems to have no connection with anything sacred. Therefore sacrilege does not denote the violation of something sacred.

Obj. 2: Further, it is stated further on [*Append. Gratian, on can. Constituit.] that if any man shall allow the Jews to hold public offices, "he must be excommunicated as being guilty of sacrilege." Yet public offices have nothing to do with anything sacred. Therefore it seems that sacrilege does not denote the violation of a sacred thing.

Obj. 3: Further, God's power is greater than man's. Now sacred things receive their sacred character from God. Therefore they cannot be violated by man: and so a sacrilege would not seem to be the violation of a sacred thing.

On the contrary, Isidore says (Etym. x) that "a man is said to be sacrilegious because he selects," i.e. steals, "sacred things."

I answer that, As stated above (Q. 81, A. 5; I-II, Q. 101, A. 4), a thing is called "sacred" through being deputed to the divine worship. Now just as a thing acquires an aspect of good through being deputed to a good end, so does a thing assume a divine character through being deputed to the divine worship, and thus a certain reverence is due to it, which reverence is referred to God. Therefore whatever pertains to irreverence for sacred things is an injury to God, and comes under the head of sacrilege.

Reply Obj. 1: According to the Philosopher (Ethic. i, 2) the common good of the nation is a divine thing, wherefore in olden times the rulers of a commonwealth were called divines, as being the ministers of divine providence, according to Wis. 6:5, "Being ministers of His kingdom, you have not judged rightly." Hence by an extension of the term, whatever savors of irreverence for the sovereign, such as disputing his judgment, and questioning whether one ought to follow it, is called sacrilege by a kind of likeness.

Reply Obj. 2: Christians are sanctified by faith and the sacraments of Christ, according to 1 Cor. 6:11, "But you are washed, but you are sanctified." Wherefore it is written (1 Pet. 2:9): "You are a chosen generation, a kingly priesthood, a holy nation, a purchased people." Therefore any injury inflicted on the Christian people, for instance that unbelievers should be put in authority over it, is an irreverence for a sacred thing, and is reasonably called a sacrilege.

Reply Obj. 3: Violation here