Whether a Man's Evidence Can Be Rejected Without Any Fault of His?
Objection 1: It would seem that a man's evidence ought not to be
rejected except on account of some fault. For it is inflicted as a
penalty on some that their evidence is inadmissible, as in the case
of those who are branded with infamy. Now a penalty must not be
inflicted save for a fault. Therefore it would seem that no man's
evidence ought to be rejected save on account of a fault.
Obj. 2: Further, "Good is to be presumed of every one, unless the
contrary appear" [*Cap. Dudum, de Praesumpt.]. Now it pertains to a
man's goodness that he should give true evidence. Since therefore
there can be no proof of the contrary, unless there be some fault of
his, it would seem that no man's evidence should be rejected save for
some fault.
Obj. 3: Further, no man is rendered unfit for things necessary for
salvation except by some sin. But it is necessary for salvation to
give true evidence, as stated above (A. 1). Therefore no man should
be excluded from giving evidence save for some fault.
_On the contrary,_ Gregory says (Regist. xiii, 44): "As to the bishop
who is said to have been accused by his servants, you are to know
that they should by no means have been heard": which words are
embodied in the Decretals (II, qu. 1, can. Imprimis).
_I answer that,_ As stated above (A. 2), the authority of evidence is
not infallible but probable; and consequently the evidence for one
side is weakened by whatever strengthens the probability of the
other. Now the reliability of a person's evidence is weakened,
sometimes indeed on account of some fault of his, as in the case of
unbelievers and persons of evil repute, as well as those who are
guilty of a public crime and who are not allowed even to accuse;
sometimes, without any fault on his part, and this owing either to a
defect in the reason, as in the case of children, imbeciles and
women, or to personal feeling, as in the case of enemies, or persons
united by family or household ties, or again owing to some external
condition, as in the case of poor people, slaves, and those who are
under authority, concerning whom it is to be presumed that they might
easily be induced to give evidence against the truth.
Thus it is manifest that a person's evidence may be rejected either
with or without some fault of his.
Reply Obj. 1: If a person is disqualified from giving evidence this
is done as a precaution against false evidence rather than as a
punishment. Hence the argument does not prove.
Reply Obj. 2: Good is to be presumed of everyone unless the contrary
appear, provided this does not threaten injury to another: because,
in that case, one ought to be careful not to believe everyone
readily, according to 1 John 4:1: "Believe not every spirit."
Reply Obj. 3: To give evidence is necessary for salvation, provided
the witness be competent, and the order of justice observed. Hence
nothing hinders certain persons being excused from giving evidence,
if they be considered unfit according to law.
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