[II-II, Q. 68, Art. 1]

Whether a Man Is Bound to Accuse?

Objection 1: It would seem that a man is not bound to accuse. For no man is excused on account of sin from fulfilling a Divine precept, since he would thus profit by his sin. Yet on account of sin some are disqualified from accusing, such as those who are excommunicate or of evil fame, or who are accused of grievous crimes and are not yet proved to be innocent [*1 Tim. 1:5]. Therefore a man is not bound by a Divine precept to accuse.

Obj. 2: Further, every duty depends on charity which is "the end of the precept" [*Can. Definimus, caus. iv, qu. 1; caus. vi, qu. 1]: wherefore it is written (Rom. 13:8): "Owe no man anything, but to love one another." Now that which belongs to charity is a duty that man owes to all both of high and of low degree, both superiors and inferiors. Since therefore subjects should not accuse their superiors, nor persons of lower degree, those of a higher degree, as shown in several chapters (Decret. II, qu. vii), it seems that it is no man's duty to accuse.

Obj. 3: Further, no man is bound to act against the fidelity which he owes his friend; because he ought not to do to another what he would not have others do to him. Now to accuse anyone is sometimes contrary to the fidelity that one owes a friend; for it is written (Prov. 11:13): "He that walketh deceitfully, revealeth secrets; but he that is faithful, concealeth the thing committed to him by his friend." Therefore a man is not bound to accuse.

_On the contrary,_ It is written (Lev. 5:1): "If any one sin, and hear the voice of one swearing, and is a witness either because he himself hath seen, or is privy to it: if he do not utter it, he shall bear his iniquity."

_I answer that,_ As stated above (Q. 33, AA. 6, 7; Q. 67, A. 3, ad 2), the difference between denunciation and accusation is that in denunciation we aim at a brother's amendment, whereas in accusation we intend the punishment of his crime. Now the punishments of this life are sought, not for their own sake, because this is not the final time of retribution, but in their character of medicine, conducing either to the amendment of the sinner, or to the good of the commonwealth whose calm is ensured by the punishment of evil-doers. The former of these is intended in denunciation, as stated, whereas the second regards properly accusation. Hence in the case of a crime that conduces to the injury of the commonwealth, a man is bound to accusation, provided he can offer sufficient proof, since it is the accuser's duty to prove: as, for example, when anyone's sin conduces to the bodily or spiritual corruption of the community. If, however, the sin be not such as to affect the community, or if he cannot offer sufficient proof, a man is not bound to attempt to accuse, since no man is bound to do what he cannot duly accomplish.

Reply Obj. 1: Nothing prevents a man being debarred by sin from doing what men are under an obligation to do: for instance from meriting eternal life, and from receiving the sacraments of the Church. Nor does a man profit by this: indeed it is a most grievous fault to fail to do what one is bound to do, since virtuous acts are perfections of man.

Reply Obj. 2: Subjects are debarred from accusing their superiors, "if it is not the affection of charity but their own wickedness that leads them to defame and disparage the conduct of their superiors" [*Append. Grat. ad can. Sunt nonnulli, caus. ii, qu. 7]--or again if the subject who wishes to accuse his superior is himself guilty of crime [*Decret. II, qu. vii, can. Praesumunt.]. Otherwise, provided they be in other respects qualified to accuse, it is lawful for subjects to accuse their superiors out of charity.

Reply Obj. 3: It is contrary to fidelity to make known secrets to the injury of a person; but not if they be revealed for the good of the community, which should always be preferred to a private good. Hence it is unlawful to receive any secret in detriment to the common good: and yet a thing is scarcely a secret when there are sufficient witnesses to prove it. _______________________

SECOND

[II-II, Q. 98, Art. 4]

Whether He Sins Who Demands an Oath of a Perjurer?

Objection 1: It would seem that he who demands an oath of a perjurer commits a sin. Either he knows that he swears truly, or he knows that he swears falsely. If he knows him to swear truly, it is useless for him to demand an oath: and if he believes him to swear falsely, for his own part he leads him into sin. Therefore nowise seemingly should one enjoin an oath on another person.

Obj. 2: Further, to receive an oath from a person is less than to impose an oath on him. Now it would seem unlawful to receive an oath from a person, especially if he swear falsely, because he would then seem to consent in his sin. Much less therefore would it seem lawful to impose an oath on one who swears falsely.

Obj. 3: Further, it is written (Lev. 5:1): "If anyone sin, and hear the voice of one swearing falsely [*'Falsely' is not in the Vulgate], and is a witness either because he himself hath seen, or is privy to it: if he do not utter it, he shall bear his iniquity." Hence it would seem that when a man knows another to be swearing falsely, he is bound to denounce him. Therefore it is not lawful to demand an oath of such a man.

Obj. 4: On the other hand, Just as it is a sin to swear falsely so is it to swear by false gods. Yet it is lawful to take advantage of an oath of one who has sworn by false gods, as Augustine says (ad Public. Ep. xlvii). Therefore it is lawful to demand an oath from one who swears falsely.

_I answer that,_ As regards a person who demands an oath from another, a distinction would seem to be necessary. For either he demands the oath on his own account and of his own accord, or he demands it on account of the exigencies of a duty imposed on him. If a man demands an oath on his own account as a private individual, we must make a distinction, as does Augustine (de Perjuriis. serm. clxxx): "For if he knows not that the man will swear falsely, and says to him accordingly: 'Swear to me' in order that he may be credited, there is no sin: yet it is a human temptation" (because, to wit, it proceeds from his weakness in doubting whether the man will speak the truth). "This is the evil whereof Our Lord says (Matt. 5:37): That which is over and above these, is of evil. But if he knows the man to have done so," i.e. the contrary of what he swears to, "and yet forces him to swear, he is a murderer: for the other destroys himself by his perjury, but it is he who urged the hand of the slayer."

If, on the other hand, a man demands an oath as a public person, in accordance with the requirements of the law, on the requisition of a third person: he does not seem to be at fault, if he demands an oath of a person, whether he knows that he will swear falsely or truly, because seemingly it is not he that exacts the oath but the person at whose instance he demands it.

Reply Obj. 1: This argument avails in the case of one who demands an oath on his own account. Yet he does not always know that the other will swear truly or falsely, for at times he has doubts about the fact, and believes he will swear truly. In such a case he exacts an oath in order that he may be more certain.

Reply Obj. 2: As Augustine says (ad Public. serm. xlvii), "though we are forbidden to swear, I do not remember ever to have read in the Holy Scriptures that we must not accept oaths from others." Hence he that accepts an oath does not sin, except perchance when of his own accord he forces another to swear, knowing that he will swear falsely.

Reply Obj. 3: As Augustine says (QQ. Super Lev, qu. i), Moses in the passage quoted did not state to whom one man had to denounce another's perjury: wherefore it must be understood that the matter had to be denounced "to those who would do the perjurer good rather than harm." Again, neither did he state in what order the denunciation was to be made: wherefore seemingly the Gospel order should be followed, if the sin of perjury should be hidden, especially when it does not tend to another person's injury: because if it did, the Gospel order would not apply to the case, as stated above (Q. 33, A. 7; Q. 68, A. 1).

Reply Obj. 4: It is lawful to make use of an evil for the sake of good, as God does, but it is not lawful to lead anyone to do evil. Consequently it is lawful to accept the oath of one who is ready to swear by false gods, but it is not lawful to induce him to swear by false gods. Yet it seems to be different in the case of one who swears falsely by the true God, because an oath of this kind lacks the good of faith, which a man makes use of in the oath of one who swears truly by false gods, as Augustine says (ad Public. Ep. xlvii). Hence when a man swears falsely by the true God his oath seems to lack any good that one may use lawfully. _______________________

[III, Q. 84, Art. 7]

Whether This Sacrament Was Suitably Instituted in the New Law?

Objection 1: It would seem that this sacrament was unsuitably instituted in the New Law. Because those things which belong to the natural law need not to be instituted. Now it belongs to the natural law that one should repent of the evil one has done: for it is impossible to love good without grieving for its contrary. Therefore Penance was unsuitably instituted in the New Law.

Obj. 2: Further, that which existed in the Old Law had not to be instituted in the New. Now there was Penance in the old Law wherefore the Lord complains (Jer. 8:6) saying: "There is none that doth penance for his sin, saying: What have I done?" Therefore Penance should not have been instituted in the New Law.

Obj. 3: Further, Penance comes after Baptism, since it is a second plank, as stated above (A. 6). Now it seems that our Lord instituted Penance before Baptism, because we read that at the beginning of His preaching He said (Matt. 4:17): "Do penance, for the kingdom of heaven is at hand." Therefore this sacrament was not suitably instituted in the New Law.

Obj. 4: Further, the sacraments of the New Law were instituted by Christ, by Whose power they work, as stated above (Q. 62, A. 5; Q. 64, A. 1). But Christ does not seem to have instituted this sacrament, since He made no use of it, as of the other sacraments which He instituted. Therefore this sacrament was unsuitably instituted in the New Law.

_On the contrary,_ our Lord said (Luke 24:46, 47): "It behooved Christ to suffer, and to rise again from the dead the third day: and that penance and remission of sins should be preached in His name unto all nations."

_I answer that,_ As stated above (A. 1, ad 1, ad 2), in this sacrament the acts of the penitent are as matter, while the part taken by the priest, who works as Christ's minister, is the formal and completive element of the sacrament. Now in the other sacraments the matter pre-exists, being provided by nature, as water, or by art, as bread: but that such and such a matter be employed for a sacrament requires to be decided by the institution; while the sacrament derives its form and power entirely from the institution of Christ, from Whose Passion the power of the sacraments proceeds.

Accordingly the matter of this sacrament pre-exists, being provided by nature; since it is by a natural principle of reason that man is moved to repent of the evil he has done: yet it is due to Divine institution that man does penance in this or that way. Wherefore at the outset of His preaching, our Lord admonished men, not only to repent, but also to "do penance," thus pointing to the particular manner of actions required for this sacrament. As to the part to be taken by the ministers, this was fixed by our Lord when He said to Peter (Matt. 16:19): "To thee will I give the keys of the kingdom of heaven," etc.; but it was after His resurrection that He made known the efficacy of this sacrament and the source of its power, when He said (Luke 24:47) that "penance and remission of sins should be preached in His name unto all nations," after speaking of His Passion and resurrection. Because it is from the power of the name of Jesus Christ suffering and rising again that this sacrament is efficacious unto the remission of sins.

It is therefore evident that this sacrament was suitably instituted in the New Law.

Reply Obj. 1: It is a natural law that one should repent of the evil one has done, by grieving for having done it, and by seeking a remedy for one's grief in some way or other, and also that one should show some signs of grief, even as the Ninevites did, as we read in John 3. And yet even in their case there was also something of faith which they had received through Jonas' preaching, inasmuch as they did these things in the hope that they would receive pardon from God, according as we read (John 3:9): "Who can tell if God will turn and forgive, and will turn away from His fierce anger, and we shall not perish?" But just as other matters which are of the natural law were fixed in detail by the institution of the Divine law, as we have stated in the Second Part (I-II, Q. 91, A. 4; I-II, Q. 95, A. 2; Q. 99), so was it with Penance.

Reply Obj. 2: Things which are of the natural law were determined in various ways in the Old and in the New Law, in keeping with the imperfection of the Old, and the perfection of the New. Wherefore Penance was fixed in a certain way in the Old Law--with regard to sorrow, that it should be in the heart rather than in external signs, according to Joel 2:13: "Rend your hearts and not your garments"; and with regard to seeking a remedy for sorrow, that they should in some way confess their sins, at least in general, to God's ministers. Wherefore the Lord said (Lev. 5:17, 18): "If anyone sin through ignorance . . . he shall offer of the flocks a ram without blemish to the priest, according to the measure and estimation of the sin, and the priest shall pray for him, because he did it ignorantly, and it shall be forgiven him"; since by the very fact of making an offering for his sin, a man, in a fashion, confessed his sin to the priest. And accordingly it is written (Prov. 28:13): "He that hideth his sins, shall not prosper: but he that shall confess, and forsake them, shall obtain mercy." Not yet, however, was the power of the keys instituted, which is derived from Christ's Passion, and consequently it was not yet ordained that a man should grieve for his sin, with the purpose of submitting himself by confession and satisfaction to the keys of the Church, in the hope of receiving forgiveness through the power of Christ's Passion.

Reply Obj. 3: If we note carefully what our Lord said about the necessity of Baptism (John 3:3, seqq.), we shall see that this was said before His words about the necessity of Penance (Matt. 4:17); because He spoke to Nicodemus about Baptism before the imprisonment of John, of whom it is related afterwards (John 3:23, 24) that he baptized, whereas His words about Penance were said after John was cast into prison.

If, however, He had admonished men to do penance before admonishing them to be baptized, this would be because also before Baptism some kind of penance is required, according to the words of Peter (Acts 2:38): "Do penance, and be baptized, every one of you."

Reply Obj. 4: Christ did not use the Baptism which He instituted, but was baptized with the baptism of John, as stated above (Q. 39, AA. 1, 2). Nor did He use it actively by administering it Himself, because He "did not baptize" as a rule, "but His disciples" did, as related in John 4:2, although it is to be believed that He baptized His disciples, as Augustine asserts (Ep. cclxv, ad Seleuc.). But with regard to His institution of this sacrament it was nowise fitting that He should use it, neither by repenting Himself, in Whom there was no sin, nor by administering the sacrament to others, since, in order to show His mercy and power, He was wont to confer the effect of this sacrament without the sacrament itself, as stated above (A. 5, ad 3). On the other hand, He both received and gave to others the sacrament of the Eucharist, both in order to commend the excellence of that sacrament, and because that sacrament is a memorial of His Passion, in which Christ is both priest and victim. _______________________

EIGHTH