sovereign who has full
authority in the commonwealth, can lawfully remit the punishment to a
guilty person, provided the injured party consent to the remission,
and that this do not seem detrimental to the public good.

Reply Obj. 1: There is a place for the judge's mercy in matters that
are left to the judge's discretion, because in like matters a good
man is slow to punish as the Philosopher states (Ethic. v, 10). But
in matters that are determined in accordance with Divine or human
laws, it is not left to him to show mercy.

Reply Obj. 2: God has supreme power of judging, and it concerns Him
whatever is done sinfully against anyone. Therefore He is free to
remit the punishment, especially since punishment is due to sin
chiefly because it is done against Him. He does not, however, remit
the punishment, except in so far as it becomes His goodness, which is
the source of all laws.

Reply Obj. 3: If the judge were to remit punishment inordinately, he
would inflict an injury on the community, for whose good it behooves
ill-deeds to be punished, in order that men may avoid sin. Hence the
text, after appointing the punishment of the seducer, adds (Deut.
13:11): "That all Israel hearing may fear, and may do no more
anything like this." He would also inflict harm on the injured
person; who is compensated by having his honor restored in the
punishment of the man who has injured him.
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QUESTION 68

OF MATTERS CONCERNING UNJUST ACCUSATION
(In Four Articles)

We must now consider matters pertaining to unjust accusation. Under
this head there are four points of inquiry:

(1) Whether a man is bound to accuse?

(2) Whether the accusation should be made in writing?

(3) How is an accusation vitiated?

(4) How should those be punished who have accused a man wrongfully?
_______________________

FIRST ARTICLE [II-II, Q. 68, Art. 1]

Whether a Man Is Bound to Accuse?

Objection 1: It would seem that a man is not bound to accuse. For no
man is excused on account of sin from fulfilling a Divine precept,
since he would thus profit by his sin. Yet on account of sin some are
disqualified from accusing, such as those who are excommunicate or of
evil fame, or who are accused of grievous crimes and are not yet
proved to be innocent [*1 Tim. 1:5]. Therefore a man is not bound by
a Divine precept to accuse.

Obj. 2: Further, every duty depends on charity which is "the end of
the precept" [*Can. Definimus