Reply Obj. 2: If the accuser is guilty of collusion with the accused and the latter is guilty, he incurs punishment, and so it is evident that he sins. Wherefore, since it is a sin to induce a man to sin, or to take part in a sin in any way—for the Apostle says (Rom. 1:32), that "they . . . are worthy of death . . . that consent" to those who sin—it is evident that the accused also sins if he is guilty of collusion with his adversary. Nevertheless according to human laws no punishment is inflicted on him, for the reason given above.
Reply Obj. 3: The wise man hides himself not by slandering others but by exercising prudence. _______________________
THIRD ARTICLE [II-II, Q. 69, Art. 3]
Whether It Is Lawful for the Accused to Escape Judgment by Appealing?
Objection 1: It would seem unlawful for the accused to escape judgment by appealing. The Apostle says (Rom. 13:1): "Let every soul be subject to the higher powers." Now the accused by appealing refuses to be subject to a higher power, viz. the judge. Therefore he commits a sin.
Obj. 2: Further, ordinary authority is more binding than that which we choose for ourselves. Now according to the Decretals (II, qu. vi, cap. A judicibus) it is unlawful to appeal from the judges chosen by common consent. Much less therefore is it lawful to appeal from ordinary judges.
Obj. 3: Further, whatever is lawful once is always lawful. But it is not lawful to appeal after the tenth day [*Can. Anteriorum, caus. ii, qu. 6], nor a third time on the same point [*Can. Si autem, caus. ii, qu. 6]. Therefore it would seem that an appeal is unlawful in itself.
On the contrary, Paul appealed to Caesar (Acts 25).
I answer that, There are two motives for which a man appeals. First through confidence in the justice of his cause, seeing that he is unjustly oppressed by the judge, and then it is lawful for him to appeal, because this is a prudent means of escape. Hence it is laid down (Decret. II, qu. vi, can. Omnis oppressus): "All those who are oppressed are free, if they so wish, to appeal to the judgment of the priests, and no man may stand in their way." Secondly, a man appeals in order to cause a delay, lest a just sentence be pronounced against him. This is to defend oneself calumniously, and is unlawful as stated above (A. 2). For he inflicts an injury both on the judge, whom he hinders in the exercise of his office, and on his adversary, whose justice he disturbs as far as he is able. Hence it is laid down (II, qu. vi, can. Omnino puniendus): "Without doubt a man should be punished if his appeal be declared unjust."
Reply Obj. 1: A man should submit to the lower authority in so far as the latter observes the order of the higher authority. If the lower authority departs from the order of the higher, we ought not to submit to it, for instance "if the proconsul order one thing and the emperor another," according to a gloss on Rom. 13:2. Now when a judge oppresses anyone unjustly, in this respect he departs from the order of the higher authority, whereby he is obliged to judge justly. Hence it is lawful for a man who is oppressed unjustly, to have recourse to the authority of the higher power, by appealing either before or after sentence has been pronounced. And since it is to be presumed that there is no rectitude where true faith is lacking, it is unlawful for a Catholic to appeal to an unbelieving judge, according to Decret. II, qu. vi, can. Catholicus: "The Catholic who appeals to the decision of a judge of another faith shall be excommunicated, whether his case be just or unjust." Hence the Apostle also rebuked those who went to law before unbelievers (1 Cor. 6:6).