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Objection 1: It would seem that an accusation is not rendered unjust
by calumny, collusion or evasion. For according to Decret. II,
qu. iii [Append. Grat. ad can. Si quem poenituerit.],
"calumny consists in falsely charging a person with a crime." Now
sometimes one man falsely accuses another of a crime through ignorance
of fact which excuses him. Therefore it seems that an accusation is
not always rendered unjust through being slanderous.
Objection 2: Further, it is stated by the same authority that
"collusion consists in hiding the truth about a crime." But
seemingly this is not unlawful, because one is not bound to disclose
every crime, as stated above (Article 1; Question 33, Article
7). Therefore it seems that an accusation is not rendered unjust by
collusion.
Objection 3: Further, it is stated by the same authority that
"evasion consists in withdrawing altogether from an accusation." But
this can be done without injustice: for it is stated there also: "If
a man repent of having made a wicked accusation and inscription in a
matter which he cannot prove, and come to an understanding with the
innocent party whom he has accused, let them acquit one another."
Therefore evasion does not render an accusation unjust.
On the contrary, It is stated by the same authority: "The rashness
of accusers shows itself in three ways. For they are guilty either of
calumny, or of collusion, or of evasion."
I answer that, As stated above (Article 1), accusation is
ordered for the common good which it aims at procuring by means of
knowledge of the crime. Now no man ought to injure a person unjustly,
in order to promote the common good. Wherefore a man may sin in two
ways when making an accusation: first through acting unjustly against
the accused, by charging him falsely with the commission of a crime,
i.e. by calumniating him; secondly, on the part of the
commonwealth, whose good is intended chiefly in an accusation, when
anyone with wicked intent hinders a sin being punished. This again
happens in two ways: first by having recourse to fraud in making the
accusation. This belongs to collusion [prevaricatio] for "he that
is guilty of collusion is like one who rides astraddle [varicator],
because he helps the other party, and betrays his own side"
[Append. Grat. ad can. Si quem poenituerit.]. Secondly by
withdrawing altogether from the accusation. This is evasion
[tergiversatio] for by desisting from what he had begun he seems to
turn his back [tergum vertere].
Reply to Objection 1: A man ought not to proceed to accuse except
of what he is quite certain about, wherein ignorance of fact has no
place. Yet he who falsely charges another with a crime is not a
calumniator unless he gives utterance to false accusations out of
malice. For it happens sometimes that a man through levity of mind
proceeds to accuse someone, because he believes too readily what he
hears, and this pertains to rashness; while, on the other hand
sometimes a man is led to make an accusation on account of an error for
which he is not to blame. All these things must be weighed according
to the judge's prudence, lest he should declare a man to have been
guilty of calumny, who through levity of mind or an error for which he
is not to be blamed has uttered a false accusation.
Reply to Objection 2: Not everyone who hides the truth about a
crime is guilty of collusion, but only he who deceitfully hides the
matter about which he makes the accusation, by collusion with the
defendant, dissembling his proofs, and admitting false excuses.
Reply to Objection 3: Evasion consists in withdrawing altogether
from the accusation, by renouncing the intention of accusing, not
anyhow, but inordinately. There are two ways, however, in which a
man may rightly desist from accusing without committing a sin ---in
one way, in the very process of accusation, if it come to his
knowledge that the matter of his accusation is false, and then by
mutual consent the accuser and the defendant acquit one another---in
another way, if the accusation be quashed by the sovereign to whom
belongs the care of the common good, which it is intended to procure by
the accusation.
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