accused, if he accuse him
falsely. Wherefore the accused, if innocent, may condone the injury
done to himself, particularly if the accusation were made not
calumniously but out of levity of mind. But if the accuser desist
from accusing an innocent man, through collusion with the latter's
adversary, he inflicts an injury on the commonwealth: and this cannot
be condoned by the accused, although it can be remitted by the
sovereign, who has charge of the commonwealth.

Reply Obj. 3: The accuser deserves the punishment of retaliation in
compensation for the harm he attempts to inflict on his neighbor: but
the punishment of disgrace is due to him for his wickedness in
accusing another man calumniously. Sometimes the sovereign remits the
punishment, and not the disgrace, and sometimes he removes the
disgrace also: wherefore the Pope also can remove this disgrace. When
Pope Gelasius says: "We cannot remove the disgrace," he may mean
either the disgrace attaching to the deed (_infamia facti_), or that
sometimes it is not expedient to remove it, or again he may be
referring to the disgrace inflicted by the civil judge, as Gratian
states (Callist. I, Epist. ad omn. Gall. episc.).
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QUESTION 69

OF SINS COMMITTED AGAINST JUSTICE ON THE PART OF THE DEFENDANT
(In Four Articles)

We must now consider those sins which are committed against justice
on the part of the defendant. Under this head there are four points
of inquiry:

(1) Whether it is a mortal sin to deny the truth which would lead to
one's condemnation?

(2) Whether it is lawful to defend oneself with calumnies?

(3) Whether it is lawful to escape condemnation by appealing?

(4) Whether it is lawful for one who has been condemned to defend
himself by violence if he be able to do so?
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FIRST ARTICLE [II-II, Q. 69, Art. 1]

Whether One Can, Without a Mortal Sin, Deny the Truth Which Would
Lead to One's Condemnation?

Objection 1: It would seem one can, without a mortal sin, deny the
truth which would lead to one's condemnation. For Chrysostom says
(Hom. xxxi super Ep. ad Heb.): "I do not say that you should lay bare
your guilt publicly, nor accuse yourself before others." Now if the
accused were to confess the truth in court, he would lay bare his
guilt and be his own accuser. Therefore he is not bound to tell the
truth: and so he does not sin mortally if he tell a lie in court.

Obj. 2: Further, just as it is an