erefore the giving of false evidence is not always mortal sin.

_On the contrary,_ It is written (Prov. 19:5): "A false witness shall
not be unpunished."

_I answer that,_ False evidence has a threefold deformity. The first
is owing to perjury, since witnesses are admitted only on oath and on
this count it is always a mortal sin. Secondly, owing to the
violation of justice, and on this account it is a mortal sin
generically, even as any kind of injustice. Hence the prohibition of
false evidence by the precept of the decalogue is expressed in this
form when it is said (Ex. 20:16), "Thou shalt not bear false witness
against thy neighbor." For one does nothing against a man by
preventing him from doing someone an injury, but only by taking away
his justice. Thirdly, owing to the falsehood itself, by reason of
which every lie is a sin: on this account, the giving of false
evidence is not always a mortal sin.

Reply Obj. 1: In giving evidence a man ought not to affirm as
certain, as though he knew it, that about which he is not certain;
and he should confess his doubt in doubtful terms, and that which he
is certain about, in terms of certainty. Owing however to the frailty
of the human memory, a man sometimes thinks he is certain about
something that is not true; and then if after thinking over the
matter with due care he deems himself certain about that false thing,
he does not sin mortally if he asserts it, because the evidence which
he gives is not directly and intentionally, but accidentally contrary
to what he intends.

Reply Obj. 2: An unjust judgment is not a judgment, wherefore the
false evidence given in an unjust judgment, in order to prevent
injustice is not a mortal sin by virtue of the judgment, but only by
reason of the oath violated.

Reply Obj. 3: Men abhor chiefly those sins that are against God, as
being most grievous; and among them is perjury: whereas they do not
abhor so much sins against their neighbor. Consequently, for the
greater certitude of evidence, the witness is required to take a oath.
_______________________

QUESTION 71

OF INJUSTICE IN JUDGMENT ON THE PART OF COUNSEL
(In Four Articles)

We must now consider the injustice which takes place in judgment on
the part of counsel, and under this head there are four points of
inquiry:

(1) Whether an advocate is bound to defend the suits of the poor?

(2) Whether certain persons should be prohibited from exercising the
office of advoc