Question VII: Whether an oath lacking judgment is a sin, and what sin

I assert first, that an oath lacking judgment as to the necessary cause of swearing, and reverence, is judged venial. So Valencia 2. 2. disp. 6. quaestio 7. puncto 3. Suarez lib. 3. cap. 12. Sayrus eodem cap. n. 32. Lessius lib. 2. de Iust. cap. 42. dub. 3. num. 17. D. Antonin. 2. part. tit. 10. cap. 7. §. 1. Angel. V. iuram. 3. num. 7. Sylvester 2. quaest. 8. eodem titulo, Navar. sum. cap. 12. Sanchez cap. 4. num. 35. after D. Bonavent. art. 1. q. 3. For it does not seem a grave injury.

I assert second, that if the judgment of due inquiry, gravely omitted, is lacking, it is mortal: So S. Bonavent. loco cit. Sanchez, and Valencia, and the rest, in the places adduced.

It is proved by Valencia loco cit. and Sanchez num. 14. from D. Bonavent. dist. 39. quaest. 1. ad argumenta, and quaest. 3. ad ultimum, because he exposes himself to the danger of bringing God in as a witness to falsehood.

Sanchez notes, however, num. 36. that these are not perjuries in a confession necessarily to be distinguished — whether he lied, or swore in doubt, or intending not to fulfill; for it is enough to say: I swore falsely so many times.

He notes also num. 38. that it is worse to swear what is true by false gods, than mendaciously by the true God, because the former pertains to Idolatry and blasphemy, which is worse than perjury, as D. Thom. testifies prima secundae, quaest. 13. art. 3. ad 2. So holds Sotus lib. 8. de Iust. quaest. 2. art. 3. concl. 1. Covarr. de pactis, p. p. §. 1. num. 10. Suarez cap. 3. num. 6. Sayrus lib. 5. cap. 3. num. 18. Azor tract. 1. lib. 11. c. 12. quaestio 12. Whence D. Augustine epist. 154. and it is reported cap. movet, 22. quaest. 1. signifying the opposite is meant, as Azor well explains loco citat. quaestio 12. when a Christian swears by false gods, while he judges them false with the sole intention of deceiving; for he, if he does not keep faith, indeed deceives, but is not a perjurer: but one who swears falsely is a perjurer, and thus sins gravely. Or as Sotus says, dic, it is graver in the reason of perjury; for to swear falsely by the true God is properly perjury, for a falsehood is said; but by false gods, it is secundum quid, while truth is said, as D. Thom. testifies 1. 2. quaest. 98. art. 1. ad 2. Sanchez has this from D. Bonavent. in 3. dist. 39. dub. list. num. 6. and lib 3. Phar. cap. 3. at the end, where he reports the testimony of D. August. epist. 154. ad Public. Tom. 2. and gives the reason.