“Still,” he said, “Cluvius told Lucius and Manilius he was not on sworn oath.” If he told them while sworn in, would you believe? What is the difference between a perjurer and a liar? A man who is accustomed to lying, can get used to committing perjury.
I can easily get a man to perjure himself once I am able to persuade him to lie. For once someone has departed from the truth, he is not in the habit of being constrained by greater belief from perjury than from lying. For what man who is not moved by the force of his own conscience is moved by invocation of the gods?
The reason for this is that the gods dispense the same penalty for the perjurer and the liar. The gods become enraged and punish a man not for the institution which frames the swearing of the words but because of the evil and the malice that these traps are set for another person.”
XVI. “Dicit enim,” inquit, “iniuratus Luscio et Manilio.” Si diceret iuratus, crederes? At quid interest inter periurum et mendacem? Qui mentiri solet, peierare consuevit. Quem ego, ut mentiatur, inducere possum, ut peieret, exorare facile potero. Nam qui semel a veritate deflexit, hic non maiore religione ad periurium quam ad mendacium perduci consuevit. Quis enim deprecatione deorum, non conscientiae fide commovetur? Propterea, quae poena ab dis immortalibus periuro, haec eadem mendaci constituta est; non enim ex pactione verborum, quibus ius iurandum comprehenditur, sed ex perfidia et malitia, per quam insidiae tenduntur alicui, di immortales hominibus irasci et suscensere consuerunt.
Sinon. Augustine, La Cit de Dieu, Books I-X. Paris, Ma tre Franois (illuminator); c. 1475-1480.
“Whoever wants to find a perjurer should go to the public assembly”
qui periurum conuenire uolt hominem ito in comitium
Cicero, De legibus II.22
“For perjury the divine punishment is destruction, the human punishment is shame”
Periurii poena divina exitium, humana dedecus.
Lucan 4.218-226
“Must we beg Caesar to handle us no worse than
His other slaves? Have your generals’ lives been begged?
Our safety will never be the price and bribe for foul treason.
This is not a civil war they fight for us to live.
We are dragged this way under the claims of peace.
People would not search for iron in a deep mine,
They would not strengthen any city with walls,
No fierce steed would rush to war,
No sea would bear towered ships of the fleet,
If it were ever just to trade freedom for peace.”
Utque habeat famulos nullo discrimine Caesar,
Exorandus erit? ducibus quoque vita petita est?
Numquam nostra salus pretium mercesque nefandae
Proditionis erit; non hoc civilia bella,
Ut vivamus, agunt. Trahimur sub nomine pacis.
Non chalybem gentes penitus fugiente metallo
Eruerent, nulli vallarent oppida muri,
Non sonipes in bella ferox, non iret in aequor
Turrigeras classis pelago sparsura carinas
Si bene libertas umquam pro pace daretur
From the Twelve Tables
“The Law of the Twelve Tables commands that anyone who has conspired with an enemy against the state or handed a citizen to a public enemy, should suffer capital punishment.”
Marcianus, ap. Dig., XLVIII, 4, 3: Lex XII Tabularum iubet eum qui hostem concitaverit quive civem hosti tradiderit capite puniri.
Tacitus Histories 3. 57
“How much power the audacity of single individuals can have during civil discord! Claudius Flaventinus, a centurion dismissed by Galba in shame, made the fleet at Misenum revolt with forged letters from Vespasian promising a reward for treason. Claudius Apollinaris, a man neither exceptional for his loyalty nor dedicated in his betrayal, was in charge of the fleet; and Apinius Tiro, an ex-praetor who was by chance at Minturnae then, put himself forth as the leader of the defectors.”
Sed classem Misenensem (tantum civilibus discordiis etiam singulorum audacia valet) Claudius Faventinus centurio per ignominiam a Galba dimissus ad defectionem traxit, fictis Vespasiani epistulis pretium proditionis ostentans. Praeerat classi Claudius Apollinaris, neque fidei constans neque strenuus in perfidia; et Apinius Tiro praetura functus ac tum forte Minturnis agens ducem se defectoribus obtulit.
“Dêmadês: He was king in Thebes after Antipater. A son of Dêmeas the sailor, he was also a sailor, a shipbuilder, and a ferry-operator. He gave up these occupations to enter politics and turned out to be a traitor—he grew very wealthy from this and obtained, as a bribe from Philip, property in Boiotia.”
[Elektra] Did he not speak for you, eager that you not die,
Menelaos the coward, our father’s traitor?
[Orestes] He didn’t show his face, because he yearning
For the scepter—he was careful not to save his relatives
“Don’t you understand that while, in other cases, it is necessary to impose a penalty on those who have committed crimes after examining the matter precisely and uncovering the truth over time, but for instances of clear and agreed-upon treason, we must yield first to anger and what comes from it? Don’t you think that this man would betray any of the things most crucial to the state, once you made him in charge of it?”
“It is right that punishments for other crimes come after them, but punishment for treason should precede the dissolution of the state. If you miss that opportune moment when those men are about to do something treacherous against their state, it is not possible for you to obtain justice from the men who did wrong: for they become stronger than the punishment possible from those who have been wronged.”
“Still,” he said, “Cluvius told Lucius and Manilius he was not on sworn oath.” If he told them while sworn in, would you believe? What is the difference between a perjurer and a liar? A man who is accustomed to lying, can get used to committing perjury.
I can easily get a man to perjure himself once I am able to persuade him to lie. For once someone has departed from the truth, he is not in the habit of being constrained by greater belief from perjury than from lying. For what man who is not moved by the force of his own conscience is moved by invocation of the gods?
The reason for this is that the gods dispense the same penalty for the perjurer and the liar. The gods become enraged and punish a man not for the institution which frames the swearing of the words but because of the evil and the malice that these traps are set for another person.”
XVI. “Dicit enim,” inquit, “iniuratus Luscio et Manilio.” Si diceret iuratus, crederes? At quid interest inter periurum et mendacem? Qui mentiri solet, peierare consuevit. Quem ego, ut mentiatur, inducere possum, ut peieret, exorare facile potero. Nam qui semel a veritate deflexit, hic non maiore religione ad periurium quam ad mendacium perduci consuevit. Quis enim deprecatione deorum, non conscientiae fide commovetur? Propterea, quae poena ab dis immortalibus periuro, haec eadem mendaci constituta est; non enim ex pactione verborum, quibus ius iurandum comprehenditur, sed ex perfidia et malitia, per quam insidiae tenduntur alicui, di immortales hominibus irasci et suscensere consuerunt.
Sinon. Augustine, La Cit de Dieu, Books I-X. Paris, Ma tre Franois (illuminator); c. 1475-1480.
ἡ ἐπιορκία, hê epiorkía: “perjury
ἐπιορκεῖν, epiorkeîn; ψευδορκεῖν, pseudorkeîn: “to make a false oath; to commit perjury”
Hesiod, Works and Days 282-284
“Whoever lies when he has sworn a false oath in his witness
Outrages justice and falls into an incurable ruin,
His family is left harried and weakened afterwards.”
“Now may Zeus know this, the highest and the best of the gods,
Along with Earth, the Sun and the Furies, those who punish men
Under the earth, whenever someone perjures himself.”
“Whoever wants to find a perjurer should go to the public assembly”
qui periurum conuenire uolt hominem ito in comitium
Cicero, De legibus II.22
“For perjury the divine punishment is destruction, the human punishment is shame”
Periurii poena divina exitium, humana dedecus.
Lucan 4.218-226
“Must we beg Caesar to handle us no worse than
His other slaves? Have your generals’ lives been begged?
Our safety will never be the price and bribe for foul treason.
This is not a civil war they fight for us to live.
We are dragged this way under the claims of peace.
People would not search for iron in a deep mine,
They would not strengthen any city with walls,
No fierce steed would rush to war,
No sea would bear towered ships of the fleet,
If it were ever just to trade freedom for peace.”
Utque habeat famulos nullo discrimine Caesar,
Exorandus erit? ducibus quoque vita petita est?
Numquam nostra salus pretium mercesque nefandae
Proditionis erit; non hoc civilia bella,
Ut vivamus, agunt. Trahimur sub nomine pacis.
Non chalybem gentes penitus fugiente metallo
Eruerent, nulli vallarent oppida muri,
Non sonipes in bella ferox, non iret in aequor
Turrigeras classis pelago sparsura carinas
Si bene libertas umquam pro pace daretur
From the Twelve Tables
“The Law of the Twelve Tables commands that anyone who has conspired with an enemy against the state or handed a citizen to a public enemy, should suffer capital punishment.”
Marcianus, ap. Dig., XLVIII, 4, 3: Lex XII Tabularum iubet eum qui hostem concitaverit quive civem hosti tradiderit capite puniri.
Tacitus Histories 3. 57
“How much power the audacity of single individuals can have during civil discord! Claudius Flaventinus, a centurion dismissed by Galba in shame, made the fleet at Misenum revolt with forged letters from Vespasian promising a reward for treason. Claudius Apollinaris, a man neither exceptional for his loyalty nor dedicated in his betrayal, was in charge of the fleet; and Apinius Tiro, an ex-praetor who was by chance at Minturnae then, put himself forth as the leader of the defectors.”
Sed classem Misenensem (tantum civilibus discordiis etiam singulorum audacia valet) Claudius Faventinus centurio per ignominiam a Galba dimissus ad defectionem traxit, fictis Vespasiani epistulis pretium proditionis ostentans. Praeerat classi Claudius Apollinaris, neque fidei constans neque strenuus in perfidia; et Apinius Tiro praetura functus ac tum forte Minturnis agens ducem se defectoribus obtulit.
“Dêmadês: He was king in Thebes after Antipater. A son of Dêmeas the sailor, he was also a sailor, a shipbuilder, and a ferry-operator. He gave up these occupations to enter politics and turned out to be a traitor—he grew very wealthy from this and obtained, as a bribe from Philip, property in Boiotia.”
[Elektra] Did he not speak for you, eager that you not die,
Menelaos the coward, our father’s traitor?
[Orestes] He didn’t show his face, because he yearning
For the scepter—he was careful not to save his relatives
“Don’t you understand that while, in other cases, it is necessary to impose a penalty on those who have committed crimes after examining the matter precisely and uncovering the truth over time, but for instances of clear and agreed-upon treason, we must yield first to anger and what comes from it? Don’t you think that this man would betray any of the things most crucial to the state, once you made him in charge of it?”
“It is right that punishments for other crimes come after them, but punishment for treason should precede the dissolution of the state. If you miss that opportune moment when those men are about to do something treacherous against their state, it is not possible for you to obtain justice from the men who did wrong: for they become stronger than the punishment possible from those who have been wronged.”
“Still,” he said, “Cluvius told Lucius and Manilius he was not on sworn oath.” If he told them while sworn in, would you believe? What is the difference between a perjurer and a liar? A man who is accustomed to lying, can get used to committing perjury.
I can easily get a man to perjure himself once I am able to persuade him to lie. For once someone has departed from the truth, he is not in the habit of being constrained by greater belief from perjury than from lying. For what man who is not moved by the force of his own conscience is moved by invocation of the gods?
The reason for this is that the gods dispense the same penalty for the perjurer and the liar. The gods become enraged and punish a man not for the institution which frames the swearing of the words but because of the evil and the malice that these traps are set for another person.”
XVI. “Dicit enim,” inquit, “iniuratus Luscio et Manilio.” Si diceret iuratus, crederes? At quid interest inter periurum et mendacem? Qui mentiri solet, peierare consuevit. Quem ego, ut mentiatur, inducere possum, ut peieret, exorare facile potero. Nam qui semel a veritate deflexit, hic non maiore religione ad periurium quam ad mendacium perduci consuevit. Quis enim deprecatione deorum, non conscientiae fide commovetur? Propterea, quae poena ab dis immortalibus periuro, haec eadem mendaci constituta est; non enim ex pactione verborum, quibus ius iurandum comprehenditur, sed ex perfidia et malitia, per quam insidiae tenduntur alicui, di immortales hominibus irasci et suscensere consuerunt.
Sinon. Augustine, La Cit de Dieu, Books I-X. Paris, Ma tre Franois (illuminator); c. 1475-1480.
Plutarch, Sayings of the Romans (Moralia 200e) Scipio the Younger 13
“When [P. Africanus] saw Gaius Licinius approaching, he said ‘I know that this man has committed perjury, but since no one else is accusing him, I can’t be accuser and judge at the same time”
“It seems impossible to me not to mention the example of the great and most famous man P. Africanus who, when he was in the office of censor of knights, oversaw he appearance of G. Licinius Sacerdos. When he came forward he said in a voice loud enough for the whole assembly to hear that this man had committed perjury intentionally and that if anyone would bring charges against him, he would provide his own testimony.
When no one spoke to do so, he told him to “lead on his horse.” In this way, one whose judgment the Roman people and foreign states were accustomed to trusting was not certain enough with his own knowledge to judge another.”
Non enim mihi exemplum summi et clarissimi viri, P. Africani, praetereundum videtur: qui cum esset censor et in equitum censu C. Licinius Sacerdos prodisset, clara voce, ut omnis contio audire possit, dixit se scire illum verbis conceptis peierasse: si qui contra vellet dicere, usurum esse eum suo testimonio: deinde cum nemo contra diceret, iussit equum traducere. Ita is, cuius arbitrio et populus Romanus et exterae gentes contentae esse consuerant, ipse sua scientia ad ignominiam alterius contentus non fuit.
Cicero seems to take a different lesson from this than others. Where other examples seem to imply Scipio avoiding making a charge based on ethical restraints, Cicero implies that Scipio did not have enough faith in his own knowledge to besmirch a man’s reputation. Valerius Maximus echoes Plutarch.
Val. Max. Memorable Deeds and Words 4. 1.10b
“But then, because no one took up the charge, [Africanus] said “Take your horse across, Sacerdos and be free of the censor’s judgment so that I may not seem to play the part of accuser, witness, and judge against you.”
sed nullo ad id negotium accedente ‘transduc equum’ inquit, ‘Sacerdos, ac lucrifac censoriam notam, ne ego in tua persona et accusatoris et testis et iudicis partes egisse videar.’
“Still,” he said, “Cluvius told Lucius and Manilius he was not on sworn oath.” If he told them while sworn in, would you believe? What is the difference between a perjurer and a liar? A man who is accustomed to lying, can get used to committing perjury.
I can easily get a man to perjure himself once I am able to persuade him to lie. For once someone has departed from the truth, he is not in the habit of being constrained by greater belief from perjury than from lying. For what man who is not moved by the force of his own conscience is moved by invocation of the gods?
The reason for this is that the gods dispense the same penalty for the perjurer and the liar. The gods become enraged and punish a man not for the institution which frames the swearing of the words but because of the evil and the malice that these traps are set for another person.”
XVI. “Dicit enim,” inquit, “iniuratus Luscio et Manilio.” Si diceret iuratus, crederes? At quid interest inter periurum et mendacem? Qui mentiri solet, peierare consuevit. Quem ego, ut mentiatur, inducere possum, ut peieret, exorare facile potero. Nam qui semel a veritate deflexit, hic non maiore religione ad periurium quam ad mendacium perduci consuevit. Quis enim deprecatione deorum, non conscientiae fide commovetur? Propterea, quae poena ab dis immortalibus periuro, haec eadem mendaci constituta est; non enim ex pactione verborum, quibus ius iurandum comprehenditur, sed ex perfidia et malitia, per quam insidiae tenduntur alicui, di immortales hominibus irasci et suscensere consuerunt.
Sinon. Augustine, La Cit de Dieu, Books I-X. Paris, Ma tre Franois (illuminator); c. 1475-1480.
“Whoever wants to find a perjurer should go to the public assembly”
qui periurum conuenire uolt hominem ito in comitium
Cicero, De legibus II.22
“For perjury the divine punishment is destruction, the human punishment is shame”
Periurii poena divina exitium, humana dedecus.
Lucan 4.218-226
“Must we beg Caesar to handle us no worse than
His other slaves? Have your generals’ lives been begged?
Our safety will never be the price and bribe for foul treason.
This is not a civil war they fight for us to live.
We are dragged this way under the claims of peace.
People would not search for iron in a deep mine,
They would not strengthen any city with walls,
No fierce steed would rush to war,
No sea would bear towered ships of the fleet,
If it were ever just to trade freedom for peace.”
Utque habeat famulos nullo discrimine Caesar,
Exorandus erit? ducibus quoque vita petita est?
Numquam nostra salus pretium mercesque nefandae
Proditionis erit; non hoc civilia bella,
Ut vivamus, agunt. Trahimur sub nomine pacis.
Non chalybem gentes penitus fugiente metallo
Eruerent, nulli vallarent oppida muri,
Non sonipes in bella ferox, non iret in aequor
Turrigeras classis pelago sparsura carinas
Si bene libertas umquam pro pace daretur
From the Twelve Tables
“The Law of the Twelve Tables commands that anyone who has conspired with an enemy against the state or handed a citizen to a public enemy, should suffer capital punishment.”
Marcianus, ap. Dig., XLVIII, 4, 3: Lex XII Tabularum iubet eum qui hostem concitaverit quive civem hosti tradiderit capite puniri.
Tacitus Histories 3. 57
“How much power the audacity of single individuals can have during civil discord! Claudius Flaventinus, a centurion dismissed by Galba in shame, made the fleet at Misenum revolt with forged letters from Vespasian promising a reward for treason. Claudius Apollinaris, a man neither exceptional for his loyalty nor dedicated in his betrayal, was in charge of the fleet; and Apinius Tiro, an ex-praetor who was by chance at Minturnae then, put himself forth as the leader of the defectors.”
Sed classem Misenensem (tantum civilibus discordiis etiam singulorum audacia valet) Claudius Faventinus centurio per ignominiam a Galba dimissus ad defectionem traxit, fictis Vespasiani epistulis pretium proditionis ostentans. Praeerat classi Claudius Apollinaris, neque fidei constans neque strenuus in perfidia; et Apinius Tiro praetura functus ac tum forte Minturnis agens ducem se defectoribus obtulit.
“Dêmadês: He was king in Thebes after Antipater. A son of Dêmeas the sailor, he was also a sailor, a shipbuilder, and a ferry-operator. He gave up these occupations to enter politics and turned out to be a traitor—he grew very wealthy from this and obtained, as a bribe from Philip, property in Boiotia.”
[Elektra] Did he not speak for you, eager that you not die,
Menelaos the coward, our father’s traitor?
[Orestes] He didn’t show his face, because he yearning
For the scepter—he was careful not to save his relatives
“Don’t you understand that while, in other cases, it is necessary to impose a penalty on those who have committed crimes after examining the matter precisely and uncovering the truth over time, but for instances of clear and agreed-upon treason, we must yield first to anger and what comes from it? Don’t you think that this man would betray any of the things most crucial to the state, once you made him in charge of it?”
“It is right that punishments for other crimes come after them, but punishment for treason should precede the dissolution of the state. If you miss that opportune moment when those men are about to do something treacherous against their state, it is not possible for you to obtain justice from the men who did wrong: for they become stronger than the punishment possible from those who have been wronged.”
ἡ ἐπιορκία, hê epiorkía: “perjury
ἐπιορκεῖν, epiorkeîn; ψευδορκεῖν, pseudorkeîn: “to make a false oath; to commit perjury”
Hesiod, Works and Days 282-284
“Whoever lies when he has sworn a false oath in his witness
Outrages justice and falls into an incurable ruin,
His family is left harried and weakened afterwards.”
“Now may Zeus know this, the highest and the best of the gods,
Along with Earth, the Sun and the Furies, those who punish men
Under the earth, whenever someone perjures himself.”
