FIRST ARTICLE [II-II, Q. 70, Art. 1]

Whether a Man Is Bound to Give Evidence?

Objection 1: It would seem that a man is not bound to give evidence.

Augustine says (QQ. Gen. 1:26) [*Cf. Contra Faust. xxii, 33, 34],

that when Abraham said of his wife (Gen. 20:2), "She is my sister,"

he wished the truth to be concealed and not a lie be told. Now, by

hiding the truth a man abstains from giving evidence. Therefore a man

is not bound to give evidence.

Obj. 2: Further, no man is bound to act deceitfully. Now 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 always bound to give

evidence, especially on matters committed to him as a secret by a

friend.

Obj. 3: Further, clerics and priests, more than others, are bound to

those things that are necessary for salvation. Yet clerics and

priests are forbidden to give evidence when a man is on trial for his

life. Therefore it is not necessary for salvation to give evidence.

_On the contrary,_ Augustine [*Can. Quisquis, caus. xi, qu. 3, cap.

Falsidicus; cf. Isidore, Sentent. iii, 55] says: "Both he who

conceals the truth and he who tells a lie are guilty, the former

because he is unwilling to do good, the latter because he desires to

hurt."

_I answer that,_ We must make a distinction in the matter of giving

evidence: because sometimes a certain man's evidence is necessary,

and sometimes not. If the necessary evidence is that of a man subject

to a superior whom, in matters pertaining to justice, he is bound to

obey, without doubt he is bound to give evidence on those points

which are required of him in accordance with the order of justice,

for instance on manifest things or when ill-report has preceded. If

however he is required to give evidence on other points, for instance

secret matters, and those of which no ill-report has preceded, he is

not bound to give evidence. On the other hand, if his evidence be

required by authority of a superior whom he is bound to obey, we must

make a distinction: because if his evidence is required in order to

deliver a man from an unjust death or any other penalty, or from

false defamation, or some loss, in such cases he is bound to give

evidence. Even if his evidence is not demanded, he is bound to do

what he can to declare the truth to someone who may profit thereby.

For it is written (Ps. 81:4): "Rescue the poor, and deliver the needy

from the hand of the sinner"; and (Prov. 24:11): "Deliver them that

are led to death"; and (Rom. 1:32): "They are worthy of death, not

only they that do them, but they also that consent to them that do

them," on which words a gloss says: "To be silent when one can

disprove is to consent." In matters pertaining to a man's

condemnation, one is not bound to give evidence, except when one is

constrained by a superior in accordance with the order of justice;

since if the truth of such a matter be concealed, no particular

injury is inflicted on anyone. Or, if some danger threatens the

accuser, it matters not since he risked the danger of his own accord:

whereas it is different with the accused, who incurs the danger

against his will.

Reply Obj. 1: Augustine is speaking of concealment of the truth in a

case when a man is not compelled by his superior's authority to

declare the truth, and when such concealment is not specially

injurious to any person.

Reply Obj. 2: A man should by no means give evidence on

matters secretly committed to him in confession, because he knows such

things, not as man but as God's minister: and the sacrament is more

binding than any human precept. But as regards matters committed to

man in some other way under secrecy, we must make a distinction.

Sometimes they are of such a nature that one is bound to make them

known as soon as they come to our knowledge, for instance if they

conduce to the spiritual or corporal corruption of the community, or

to some grave personal injury, in short any like matter that a man is

bound to make known either by giving evidence or by denouncing it.

Against such a duty a man cannot be obliged to act on the plea that

the matter is committed to him under secrecy, for he would break the

faith he owes to another. On the other hand sometimes they are such as

one is not bound to make known, so that one may be under obligation

not to do so on account of their being committed to one under secrecy.

In such a case one is by no means bound to make them known, even if

the superior should command; because to keep faith is of natural

right, and a man cannot be commanded to do what is contrary to natural

right.

Reply Obj. 3: It is unbecoming for ministers of the altar to

slay a man or to cooperate in his slaying, as stated above

(Q. 64, A. 4); hence according to the order of justice they

cannot be compelled to give evidence when a man is on trial for his

life.

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Summa Theologica, Part II-II (Secunda Secundae) Translated by Fathers of the English Dominican Province · 第 475 / 1128 题