Reply Obj. 1: In giving evidence a man ought not to affirm as certain, as though he knew it, that about which he is not certain; and he should confess his doubt in doubtful terms, and that which he is certain about, in terms of certainty. Owing however to the frailty of the human memory, a man sometimes thinks he is certain about something that is not true; and then if after thinking over the matter with due care he deems himself certain about that false thing, he does not sin mortally if he asserts it, because the evidence which he gives is not directly and intentionally, but accidentally contrary to what he intends.
Reply Obj. 2: An unjust judgment is not a judgment, wherefore the false evidence given in an unjust judgment, in order to prevent injustice is not a mortal sin by virtue of the judgment, but only by reason of the oath violated.
Reply Obj. 3: Men abhor chiefly those sins that are against God, as being most grievous; and among them is perjury: whereas they do not abhor so much sins against their neighbor. Consequently, for the greater certitude of evidence, the witness is required to take a oath. _______________________
QUESTION 71
OF INJUSTICE IN JUDGMENT ON THE PART OF COUNSEL
(In Four Articles)
We must now consider the injustice which takes place in judgment on the part of counsel, and under this head there are four points of inquiry:
(1) Whether an advocate is bound to defend the suits of the poor?
(2) Whether certain persons should be prohibited from exercising the office of advocate?
(3) Whether an advocate sins by defending an unjust cause?
(4) Whether he sins if he accept a fee for defending a suit? _______________________