A Topic of Moral Theology
The accused
Whether he must confess; lying, silence and the plea of not guilty; escape.
The works themselves ask 28 questions under this heading — see them together with their answers.
Also asked about as…
do i have to confess to a crime · pleading not guilty when guilty (ed.)
In the index as Accused person · Accused · Defendant (Reus) · Flight · Prison · Witness · Accuser (Accusator) · Defender or defendant in civil judgment · Doubt · Judge · Killing · Plaintiff (Actor) · Secret · Accomplice in confession not to be manifested · Accusation · Accused or defendant · Accused person detracting from a witness · Action · Appeal · Appeal in a civil or criminal cause · Burial · Comedies · Corruption of officials · Defense
In the manuals
Read the manuals side by side → — each work's whole treatment in its own column
A Manual of Moral Theology for English-Speaking Countries
Vol. II, Bk. I, Pt. I, Ch. III, Defendants, and Witnesses, n. 2 — The defendant in a criminal trial is not himself subjected to examination according to English law, unless he offers himself voluntarily to give evidence, and then he may be examined like a witness. In canon law the accu… Read in context →
Manual of Moral Theology (Manuale Theologiae Moralis)
Vol. I, Bk. II, Tr. II, Diss. III, Pt. I, Sect. IV, Scholion I. On the Accused, nn. ¶1, 1142, 1143, 1144 & 1145 (5 passages — hover a number to read it)
Institutions of Moral Theology (Institutiones Theologiae Moralis)
Vol. I, On Conscience, V. On Doubtful Conscience, n. 143 — In doubt the condition of the possessor is better. C. 6 de Praescript. This axiom in the external forum, both ecclesiastical and civil, has been received as a certain rule of judgments. For it is to be presumed that he w… Read in context →
Vol. I, On the Fifth Precept of th…, II. On the Killing of the Guilty, n. 719 — Is it lawful by public authority to kill the guilty? - It is lawful by public authority either to imprison, or to beat, or to mutilate in some member, or even to kill malefactors, according to the various gravity of offe… Read in context →
Vol. II, On the Seventh and Tenth P…, XX. On Reparation of Injustice, n. 1321 — Resolutions: A superior is not bound to restitution if he distributes the offices of society to those less worthy, because he does not violate the strict right of the more worthy person, nor of the community, which canno… Read in context →
Vol. III, On the Particular Obligati…, VIII. On Defendants, nn. 71–88 (18 passages)
Vol. IV, On Censures, V. On Ecclesiastical Burial, n. 1160 — What is to be said about public sinners? Ecclesiastical burial is not to be denied to the guilty who are punished with death, if they have given signs of repentance; but they are to be buried without solemnity. The same … Read in context →
Cases of Conscience, Proposed by Cardinal de Lugo, by Fr. Beniamino Elbel, by Fr. Ioannes Petrus Gury and by Other Authors, and Resolved (Casus conscientiae)
94. On Witnesses and on the Accused, nn. 1, 2, 3 & 4 (20 passages — hover a number to read it)
Compendium of Moral Theology of Fr. John Peter Gury, S.J., with the Notes of Antonio Ballerini, S.J.
Vol. II, Treatise on Particular Sta…, Part First. On the State o…, Chapter V. On the Obligations of the Accuser and of the Accused, nn. 24, 25 & 26 (18 passages — hover a number to read it)
Theologia Moralis: Principles — Responses — Counsels
Vol. II, Bk. II, Tract VI: On the Virtue of…, Ch. I, Article II: On the Witness and the Accused in Judgment, nn. 694, 695 & 696 (3 passages — hover a number to read it)
Manuale Theologiae Moralis
Vol. II, Tr. XI, Sect. I, Q. III, Ch. III, Art. IV, I. On Injuries By Words In…, § 5. On The Obligations And Sins Of The Accused Or Defendant In Criminal Judgment, nn. ¶34, 163 & 164 (3 passages — hover a number to read it)
Theologia Moralis Sancti Alphonsi: Reduced into a Compendium
Vol. I, TREATISE ON PARTICULAR STA…, PART FIRST: ON THE STATE O…, CHAPTER V: ON THE OBLIGATIONS OF THE ACCUSER AND THE ACCUSED, nn. ¶1, ¶1071, ¶1072 & ¶1073 (4 passages — hover a number to read it)
Institutiones Morales Alphonsianae
Vol. II, Pt. IV, Tr. III, Ch. II, Art. I, § 3. Concerning The Defendant, nn. ¶2309, ¶2310, ¶2311 & ¶2312 (4 passages — hover a number to read it)
Summa Theologiae Moralis
Vol. II, Special Moral Theology: On…, Treatise: On the Cardinal …, Fourth Part: On Distributi…, Question Four: On Public J…, Article II: On the Plaintiff, the Accused, and Witnesses, nn. ¶1, 640, 641 & 642 (36 passages — hover a number to read it)
Compendium of Moral Theology
Vol. I, Tr. X, Pt. I, Chapter III. On the Obligations of Accused Persons, nn. ¶1, 562, 562, Q. 2 & 562, Q. 3 (4 passages — hover a number to read it)
Christian Theology, Dogmatic and Moral, in Compendium
Diss. V, Chapter IX — On the obligations of those who serve the courts, n. III — III. An accused man is bound also to confess the truth when he is questioned by a judge concerning accomplices, because a superior lawfully commanding is to be obeyed. An accused man not juridically questioned is not bou… Read in context →
Palladium Theologicum, Tome V: On the Virtues
Tr. I, Disputation XXIX: On the Accused, n. 1 — The accused is one who, charged with some matter, is lawfully brought before a Judge; wherefore the discussion concerning him, as the correlate of the Judge, is rightly undertaken next after the Judge. Whole volumes have… Read in context →
Tr. I, Disputation XXIX: On the A…, Question I: On the bringing of the accused to the tribunal, nn. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 & 12 (12 passages — hover a number to read it)
Tr. I, Disputation XXIX: On the A…, Question II: Whether the accused is bound to confess a crime half-proven, nn. 1–22 (22 passages)
Tr. I, Disputation XXIX: On the A…, Question III: Whether an accused, defamed for one crime, can be questioned about others also, nn. 1, 2, 3 & 4 (4 passages — hover a number to read it)
Tr. I, Disputation XXIX: On the A…, Question IV: Whether one convicted of a crime can be questioned about hidden accomplices of whom there is no ill repute, nn. 1, 2, 3, 4, 5, 6, 7, 8 & 9 (9 passages — hover a number to read it)
Tr. I, Disputation XXIX: On the A…, Question V: Whether an accused who unjustly denies a true crime, for which he was to be condemned to a fine, is bound to pay it, and is liable to restitution, nn. 1, 2, 3 & 4 (4 passages — hover a number to read it)
Tr. I, Disputation XXIX: On the A…, Question VI: Whether an accused who has unjustly denied the truth when he was to be condemned is bound to retract before the end of the trial, nn. 1, 2, 3 & 4 (4 passages — hover a number to read it)
Tr. I, Disputation XXIX: On the A…, Question VII: Whether, if the accused is interrogated again, he can give only a relative answer, saying: as I answered, nn. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 & 12 (12 passages — hover a number to read it)
Tr. I, Disputation XXIX: On the A…, Question VIII: How the accused ought to conduct himself in his examination, when pressed by the judge's unjust questions, nn. 1, 2, 3, 4 & 5 (5 passages — hover a number to read it)
Tr. I, Disputation XXIX: On the A…, Question IX: Whether it is lawful for the accused to appeal to another judge, nn. 1–19 (19 passages)
Tr. I, Disputation XXIX: On the A…, Question X: Whether, and how, the accused can defend himself, nn. 1–25 (25 passages)
Tr. I, Disputation XXIX: On the A…, Question XI: Whether the accused can flee, and how, and when, nn. 1–18 (18 passages)
Treated under the broader heading Prosecutors, Defendants, and Witnesses — McHugh–Callan, Moral Theology · The Casuist — these works do not divide the matter as finely as we do here, so their treatment stands one heading up (ed.)