isclose every crime, as
stated above (A. 1; Q. 33, A. 7). Therefore it seems that an
accusation is not rendered unjust by collusion.
Obj. 3: Further, it is stated by the same authority that "evasion
consists in withdrawing altogether from an accusation." But this can
be done without injustice: for it is stated there also: "If a man
repent of having made a wicked accusation and inscription* in a
matter which he cannot prove, and come to an understanding with the
innocent party whom he has accused, let them acquit one another."
[*The accuser was bound by Roman Law to endorse (se inscribere) the
writ of accusation. The effect of this endorsement or inscription was
that the accuser bound himself, if he failed to prove the accusation,
to suffer the same punishment as the accused would have to suffer if
proved guilty.] Therefore evasion does not render an accusation
unjust.
_On the contrary,_ It is stated by the same authority: "The rashness
of accusers shows itself in three ways. For they are guilty either of
calumny, or of collusion, or of evasion."
_I answer that,_ As stated above (A. 1), accusation is ordered for
the common good which it aims at procuring by means of knowledge of
the crime. Now no man ought to injure a person unjustly, in order to
promote the common good. Wherefore a man may sin in two ways when
making an accusation: first through acting unjustly against the
accused, by charging him falsely with the commission of a crime, i.e.
by calumniating him; secondly, on the part of the commonwealth, whose
good is intended chiefly in an accusation, when anyone with wicked
intent hinders a sin being punished. This again happens in two ways:
first by having recourse to fraud in making the accusation. This
belongs to collusion (_prevaricatio_) for "he that is guilty of
collusion is like one who rides astraddle (_varicator_), because he
helps the other party, and betrays his own side" [*Append. Grat. ad
can. Si quem poenituerit.]. Secondly by withdrawing altogether from
the accusation. This is evasion (_tergiversatio_) for by desisting
from what he had begun he seems to turn his back (_tergum vertere_).
Reply Obj. 1: A man ought not to proceed to accuse except of what he
is quite certain about, wherein ignorance of fact has no place. Yet
he who falsely charges another with a crime is not a calumniator
unless he gives utterance to false accusations out of malice. For it
happens sometimes that a man through levit
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