to those who
sin--it is evident that the accused also sins if he is guilty of
collusion with his adversary. Nevertheless according to human laws no
punishment is inflicted on him, for the reason given above.

Reply Obj. 3: The wise man hides himself not by slandering others but
by exercising prudence.
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THIRD ARTICLE [II-II, Q. 69, Art. 3]

Whether It Is Lawful for the Accused to Escape Judgment by Appealing?

Objection 1: It would seem unlawful for the accused to escape
judgment by appealing. The Apostle says (Rom. 13:1): "Let every soul
be subject to the higher powers." Now the accused by appealing
refuses to be subject to a higher power, viz. the judge. Therefore he
commits a sin.

Obj. 2: Further, ordinary authority is more binding than that which
we choose for ourselves. Now according to the Decretals (II, qu. vi,
cap. A judicibus) it is unlawful to appeal from the judges chosen by
common consent. Much less therefore is it lawful to appeal from
ordinary judges.

Obj. 3: Further, whatever is lawful once is always lawful. But it is
not lawful to appeal after the tenth day [*Can. Anteriorum, caus. ii,
qu. 6], nor a third time on the same point [*Can. Si autem, caus. ii,
qu. 6]. Therefore it would seem that an appeal is unlawful in itself.

_On the contrary,_ Paul appealed to Caesar (Acts 25).

_I answer that,_ There are two motives for which a man appeals. First
through confidence in the justice of his cause, seeing that he is
unjustly oppressed by the judge, and then it is lawful for him to
appeal, because this is a prudent means of escape. Hence it is laid
down (Decret. II, qu. vi, can. Omnis oppressus): "All those who are
oppressed are free, if they so wish, to appeal to the judgment of the
priests, and no man may stand in their way." Secondly, a man appeals
in order to cause a delay, lest a just sentence be pronounced against
him. This is to defend oneself calumniously, and is unlawful as
stated above (A. 2). For he inflicts an injury both on the judge,
whom he hinders in the exercise of his office, and on his adversary,
whose justice he disturbs as far as he is able. Hence it is laid down
(II, qu. vi, can. Omnino puniendus): "Without doubt a man should be
punished if his appeal be declared unjust."

Reply Obj. 1: A man should submit to the lower authority in so far as
the latter observes the order of the higher authority. If the lower
authority departs from the order of the hig