Part III (Secunda Secundae) Part 114 (2/2)

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FOURTH ARTICLE [II-II, Q. 70, Art. 4]

Whether It Is Always a Mortal Sin to Give False Evidence?

Objection 1: It would seem that it is not always a mortal sin to give false evidence. For a person may happen to give false evidence, through ignorance of fact. Now such ignorance excuses from mortal sin. Therefore the giving of false evidence is not always a mortal sin.

Obj. 2: Further, a lie that benefits someone and hurts no man is officious, and this is not a mortal sin. Now sometimes a lie of this kind occurs in false evidence, as when a person gives false evidence in order to save a man from death, or from an unjust sentence which threatens him through other false witnesses or a perverse judge.

Therefore in such cases it is not a mortal sin to give false evidence.

Obj. 3: Further, a witness is required to take an oath in order that he may fear to commit a mortal sin of perjury. But this would not be necessary, if it were already a mortal sin to give false evidence.

Therefore 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 a.s.serts 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 G.o.d, as being most grievous; and among them is perjury: whereas they do not abhor so much sins against their neighbor. Consequently, for the greater cert.i.tude of evidence, the witness is required to take a oath.

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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 advocate?

(3) Whether an advocate sins by defending an unjust cause?

(4) Whether he sins if he accept a fee for defending a suit?

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FIRST ARTICLE [II-II, Q. 71, Art. 1]

Whether an Advocate Is Bound to Defend the Suits of the Poor?

Objection 1: It would seem that an advocate is bound to defend the suits of the poor. For it is written (Ex. 23:5): ”If thou see the a.s.s of him that hateth thee lie underneath his burden, thou shalt not pa.s.s by, but shall lift him up with him.” Now no less a danger threatens the poor man whose suit is being unjustly prejudiced, than if his a.s.s were to lie underneath its burden. Therefore an advocate is bound to defend the suits of the poor.

Obj. 2: Further, Gregory says in a homily (ix in Evang.): ”Let him that hath understanding beware lest he withhold his knowledge; let him that hath abundance of wealth watch lest he slacken his merciful bounty; let him who is a servant to art share his skill with his neighbor; let him who has an opportunity of speaking with the wealthy plead the cause of the poor: for the slightest gift you have received will be reputed a talent.” Now every man is bound, not to hide but faithfully to dispense the talent committed to him; as evidenced by the punishment inflicted on the servant who hid his talent (Matt.

25:30). Therefore an advocate is bound to plead for the poor.

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