icious lie: and when a man lies in court in
order to exculpate himself, he does an injury to one whom he is bound
to obey, since he refuses him his due, namely an avowal of the truth.
Reply Obj. 3: He who lies in court by denying his guilt, acts both
against the love of God to whom judgment belongs, and against the
love of his neighbor, and this not only as regards the judge, to whom
he refuses his due, but also as regards his accuser, who is punished
if he fail to prove his accusation. Hence it is written (Ps. 140:4):
"Incline not my heart to evil words, to make excuses in sins": on
which words a gloss says: "Shameless men are wont by lying to deny
their guilt when they have been found out." And Gregory in expounding
Job 31:33, "If as a man I have hid my sin," says (Moral. xxii, 15):
"It is a common vice of mankind to sin in secret, by lying to hide
the sin that has been committed, and when convicted to aggravate the
sin by defending oneself."
_______________________
SECOND ARTICLE [II-II, Q. 69, Art. 2]
Whether It Is Lawful for the Accused to Defend Himself with
Calumnies?
Objection 1: It would seem lawful for the accused to defend himself
with calumnies. Because, according to civil law (Cod. II, iv, De
transact. 18), when a man is on trial for his life it is lawful for
him to bribe his adversary. Now this is done chiefly by defending
oneself with calumnies. Therefore the accused who is on trial for his
life does not sin if he defend himself with calumnies.
Obj. 2: Further, an accuser who is guilty of collusion with the
accused, is punishable by law (Decret. II, qu. iii, can. Si quem
poenit.). Yet no punishment is imposed on the accused for collusion
with the accuser. Therefore it would seem lawful for the accused to
defend himself with calumnies.
Obj. 3: Further, it is written (Prov. 14:16): "A wise man feareth and
declineth from evil, the fool leapeth over and is confident." Now
what is done wisely is no sin. Therefore no matter how a man declines
from evil, he does not sin.
_On the contrary,_ In criminal cases an oath has to be taken against
calumnious allegations (Extra, De juramento calumniae, cap.
Inhaerentes): and this would not be the case if it were lawful to
defend oneself with calumnies. Therefore it is not lawful for the
accused to defend himself with calumnies.
_I answer that,_ It is one thing to withhold the truth, and another
to utter a falsehood. The former is lawful sometimes, for a
|