And the reason whereby they warrant this, reaches all the wickedness which by those conscientious, Divines is counted Venial: they may commit it customarily, continually, and need never go about to do better; all will be but a fault so small as is next to nothing. They need not regard in what terms their Oaths are dressed. They may swear body; on blood of God, by Catetans (k)leave: yea, Though they swear, by such parts of Christs body, or such members of the Saints, or the Virgin-mother, as are not to be named (per (l)inhonesta membra); it is but Venial, if without contempt and scandal, which will make an act in it self lawful, to be criminal. And though they seem to give caution, that ⟨p. 215⟩what is sworn be not false; since this cannot be excused by any Artifice, from being damnable: yet they try, what may be done, to make this go down as easily as the rest. If the thing sworn be false and he knows it, yet swears it by his faith, or •roth, or this Fire: such per jury is Venial, non peccant mortaliter cum perjurant Angel. after Aureolus v. perjurium: (m)To swear that which is false in jest, is a harmless Venial, by the Gloss upon their Law. (n)Commonly to swear that which is false, without considering whether it be false, or no; or whether be swear or not; is as harmless. This is the judgment of Aquinas and their common Doctrine; so that if a man heed not what he does, he may do what he will; and as it were wink a damnable crime into a slight fault. By this expedient he may swear false, as commonly as true, without any considerable hurt; this is enough one would think to render their worse sort of swearing, perjury itself, practicable, in ordinary, with ease and safety: Yet as an over-plus, they add, he that swears what is false through gross or careless ignorance, thinking it to be true, though if he use due diligence, he sins not at all; yet if he used some diligence, but not enough; he offends no more than venially, if Aquinas or the common Doctrine may be credited; for this is it, saith (o)Navarre. And that, which way soever a man turns himself, he may have liberty to be perjured; they teach, that, (p)He that swears the truth believing it to be false, and takes notice that he swears, but minds not what he ⟨p. 216⟩swears, sins not Mortally: Or if he neither regard the one, nor the other, but does both without consideration;
And the reason whereby they warrant this, reaches all the wickedness which by those conscientious, Divines is counted Venial: they may commit it customarily, continually, and need never go about to do better; all will be but a fault so smallas is next to nothing. They need not regard in what terms their Oaths are drest. They may swear body; on bloud of God, by Catetans (k)leave: yea, Though they swear, by such parts of Christs body, or such members of the Saints, or the Virgin-mother, as are not to be named (per (l)inhonesta membra); it is but Venial, if without contempt and scandal, which will make an act in it self lawful, to be criminal. And though they seem to give caution, that ⟨p. 215⟩what is sworn be not false; since this cannot be excused by any Artifice, from being damnable: yet they try, what may be done, to make this go down as easily as the rest. If the thing sworn be false and he knows it, yet swears it by his faith, or •roth, or this Fire: such per jury is Venial, non peccant mortaliter cum perjurant Angel. after Aureolus v. perjurium: (m)To swear that which is false injest, is a harmless Venial, by the Gloss upon their Law. (n)Commonly to swear that which is false, without considering whether it be false, or no; or whether be swear or not; is as harmless. This is the judgment of Aquinas and their common Doctrine; so that if a man heed not what he does, he may do what he will; and as it were wink a damnable crime into a slight fault. By this expedient he may swear false, as commonly as true, without any considerable hurt; this is enough one would think to render their worse sort of swearing, perjury itself, practicable, in ordinary, with ease and safety: Yet as an over-plus, they add, he that swears what is false through gross or careless ignorance, thinking it to be true, though if he use due diligence, he sins not at all; yet if he used some diligence, but not enough; he offends no more than venially, if Aquinas or the common Doctrine may be credited; for this is it, saith (o)Navar. And that, which way soever a man turns himself, he may have liberty to be perjur'd; they teach, that, (p)
- (k)Dicere ad sanguinem Dei, vel ad corpus Dei, sive invocando sive resonaudo in rixa anturbatione,—peccatum est grave non tamen mortale, quia non contra, sea praeter Deum est▪ Sum. v. Blaspheme. p. 49.Dicere ad sanguinem Dei, vel ad corpus Dei, sive invocando sive resonaudo in rixa anturbatione,—peccatum est grave non tamen mortale, quia non contra, sea praeter Deum est▪ Sum. v. Blasphem. p. 49.
- (l)Qui per Christi inhonesta membra jurat, si contemptus desit & scandalum, venialiter tantummodo peccare credendus est. Graff. l. 2: c. 14. n. 10. Sylvest. sum. ibid. n. 10.
- (m)Gofredus asserit perjurium jocosum esse peccatum veniale: et Angelus v. Perjur. non esse amplius quàm venial jurare falsum jocandi gratiâ. Solennis gloss. cap. veniens de jurejur. et gloss. in c. unum. nunc.Gofredus asserit perjurium jocosum esse peccatum veniale: et Angelus v. Perjur. non esse amplius quàm veniale jurare falsum jocandi gratiâ. Solennis gloss. cap. veniens de jurejur. et gloss. in c. unum. nunc.
- (n)Communiter jurare falsum, non considerando an illud sit falsum, vel an juret, non est amplius quàm venial secundùm S. Thom. et communem opinionem. Navarre. c. 12. n. 6. Lopez. c. 42. p. 226. Graft. lib. 2. c. 16. n. 7. Scotus 3. dist. 39. art. 1. dicit communiter concedi, quòd unicum perjarium leve, non est peccatum mortale: in Suar. l. 3. de juram. cap. 4. n. 1.Communiter jurare falsum, non considerando an illud sit falsum, vel an juret, non est amplius quàm veniale secundùm S. Thom. et communem opinionem. Navar. c. 12. n. 6. Lopez. c. 42. p. 226. Graff. lib. 2. c. 16. n. 7. Scotus 3. dist. 39. art. 1. dicit communiter concedi, quòd unicum perjarium leve, non est peccatum mortale: in Suar. l. 3. de juram. cap. 4. n. 1.
- (o)Qui per ignorantiam quam crassam vel supinam vocant, jurat falsum, credens see jurare verum, quamvis si debitam adbibet diligentiam, nihil peccat, si tamen aliquam adhibet, sed non quantam debet, non amplius quàm venialiter delinquit, secundùm eosdem c. 12. n. 7. (Aquinas, Soto et alii in Suar. ibid c. 5. n. 3.)Qui per ignorantiam quam crassam vel supinam vocant, jurat falsum, credens se jurare verum, quamvis si debitam adbibet diligentiam, nihil peccat, si tamen aliquam adhibet, sed non quantam debet, non amplius quàm venialiter delinquit, secundùm eosdem c. 12. n. 7. (Aquinas, Soto et alii in Suar. ibid c. 5. n. 3.)
