Note 90 — Chapter XXXI · THE REGARD FOR TRUTH AND GOOD FAITH (concluded)

Among various peoples perjury is punished even by custom or law. Thus among the Gaika tribe of the Kafirs a person may be fined for taking a false oath in a law case (Brownlee, in Maclean, Compendium of Kafir Laws and Customs, p. 124). In Abyssinia a man convicted of perjury “would not only lose his reputation, and be for ever incapacitated from being witness even on the most trivial question, but he would likewise in all probability be bound and severely fined, and might indeed think himself fortunate if he got off with all his limbs in their proper places, or without his hide being scored” (Parkyns, Life in Abyssinia, ii. 258 sq.). The laws of the Malays punish perjury (Crawfurd, History of the Indian Archipelago, iii. 90). In India, according to the Laws of Manu (viii. 219 sq.), he who broke an agreement after swearing to it was to be banished, imprisoned, and fined. Mediæval law-books punished perjurers with the loss of the right hand, by which the oath was sworn (Wilda, Das Strafrecht der Germanen, p. 983 sq.; Pollock and Maitland, History of English Law before the Time of Edward I. ii. 541). In a Danish law of 1537 it is said that the perjurer shall lose the two offending fingers so as to appease the wrath of God (Stemann, Den danske Retshistorie indtil Christian V.’s Lov, p. 645). In other cases, again, no civil punishment is affixed to a false oath—for instance, among the Rejangs (Marsden, History of Sumatra, p. 240) and Bataks of Sumatra (Glimpses of the Eastern Archipelago, p. 86), the Ossetes (Kovalewsky, Coutume contemporaine, p. 324), Persians (Polak, Persien, ii. 83), and, as it seems, the ancient Hebrews (Keil, Manual of Biblical Archæology, ii. 348; Greenstone, ‘Perjury,’ in Jewish Encyclopedia, ix. 640), Greeks (Rohde, Psyche, p. 245, note), and Teutons in early times (Wilda, op. cit. p. 982; Brunner, Deutsche Rechtsgeschichte, ii. 681). Cicero says (De legibus, ii. 9) that “the divine punishment of perjury is destruction, the human punishment infamy”; but though perjury per se was not punished in Rome, the law appears from very early times to have contained provisions for punishing false testimony (Hunter, Roman Law, p. 1063; see also Mommsen, Römisches Strafrecht, p. 681). However, the fact that perjury is not treated as a crime by no means implies that it is not regarded as a sin. The punishment of it is left to the offended deity (Marsden, op. cit. p. 219; Glimpses of the Eastern Archipelago, p. 86; Crawfurd, op. cit. iii. 90 [Javanese]).