Q: Whether an Accuser Who Fails to Prove His Indictment Is Bound to the Punishment of Retaliation?

A: On the contrary,
Pope Hadrian I says (Cap. lii): "He that fails to prove his accusation, must himself suffer the punishment which his accusation inferred."

I answer that,
As stated above (A. 2), in a case, where the procedure is by way of accusation, the accuser holds the position of a party aiming at the punishment of the accused. Now the duty of the judge is to establish the equality of justice between them: and the equality of justice requires that a man should himself suffer whatever harm he has intended to be inflicted on another, according to Ex. 21:24, "Eye for eye, tooth for tooth." Consequently it is just that he who by accusing a man has put him in danger of being punished severely, should himself suffer a like punishment.

Reply Obj. 1: As the Philosopher says (Ethic. v, 5) justice does not always require counterpassion, because it matters considerably whether a man injures another voluntarily or not. Voluntary injury deserves punishment, involuntary deserves forgiveness. Hence when the judge becomes aware that a man has made a false accusation, not with a mind to do harm, but involuntarily through ignorance or a just error, he does not impose the punishment of retaliation.

Reply Obj. 2: He who accuses wrongfully sins both against the person of the accused and against the commonwealth; wherefore he is punished on both counts. This is the meaning of what is written (Deut. 19:18-20): "And when after most diligent inquisition, they shall find that the false witness hath told a lie against his brother: they shall render to him as he meant to do to his brother," and this refers to the injury done to the person: and afterwards, referring to the injury done to the commonwealth, the text continues: "And thou shalt take away the evil out of the midst of thee, that others hearing may fear, and may not dare to do such things." Specially, however, does he injure the person of the accused, if he accuse him falsely. Wherefore the accused, if innocent, may condone the injury done to himself, particularly if the accusation were made not calumniously but out of levity of mind. But if the accuser desist from accusing an innocent man, through collusion with the latter's adversary, he inflicts an injury on the commonwealth: and this cannot be condoned by the accused, although it can be remitted by the sovereign, who has charge of the commonwealth.

Reply Obj. 3: The accuser deserves the punishment of retaliation in compensation for the harm he attempts to inflict on his neighbor: but the punishment of disgrace is due to him for his wickedness in accusing another man calumniously. Sometimes the sovereign remits the punishment, and not the disgrace, and sometimes he removes the disgrace also: wherefore the Pope also can remove this disgrace. When Pope Gelasius says: "We cannot remove the disgrace," he may mean either the disgrace attaching to the deed (
infamia facti
), or that sometimes it is not expedient to remove it, or again he may be referring to the disgrace inflicted by the civil judge, as Gratian states (Callist. I, Epist. ad omn. Gall. episc.).

QUESTION 69

OF SINS COMMITTED AGAINST JUSTICE ON THE PART OF THE DEFENDANT (In Four Articles)

We must now consider those sins which are committed against justice on the part of the defendant. Under this head there are four points of inquiry:

(1) Whether it is a mortal sin to deny the truth which would lead to one's condemnation?

(2) Whether it is lawful to defend oneself with calumnies?

(3) Whether it is lawful to escape condemnation by appealing?

(4) Whether it is lawful for one who has been condemned to defend himself by violence if he be able to do so?