- Whether an accusation is rendered unjust by calumny, collusion or evasion?
Whether an accusation is rendered unjust by calumny, collusion or evasion?
Objections
❌ 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." [*The accuser was bound by Roman Law to endorse (se inscribere) the writ of accusation. The effect of this endorsement or inscription was that the accuser bound himself, if he failed to prove the accusation, to suffer the same punishment as the accused would have to suffer if proved guilty.] Therefore evasion does not render an accusation unjust.