A Topic of Moral Theology

Prosecutors, Defendants, and Witnesses

The duties in justice of accusers, of the accused, and of witnesses: truthful testimony and lawful defence.

Within this topic

In the index as Witness · Defendant · Restitution · Judge · Oath · Prison · Accusation · Accuser · Action · Appeal · Corruption of officials · Criminal · Denunciation of crimes · Duties of a witness · Duties of pastor toward parishioners · Escape from Prison · False accusation · Flight of the defendant from prison · Jail-breaking · Lie · Plaintiff · Prosecution · Public officials · Sentence

In the manuals

A Manual of Moral Theology for English-Speaking Countries

Vol. II, Bk. I, Pt. I, Ch. III, Defendants, and Witnesses, nn. 1, 2 & 3 (3 passages — hover a number to read it)

Moral Theology: A Complete Course (McHugh & Callan)

Vol. II, Pt. II, Q. II, Art. 4. The Vices Opposed …, In Defendants, nn. 1975, 1976, 1977, 1978, 1979, 1980, 1981, 1982 & 1983 (9 passages — hover a number to read it)

Vol. II, Pt. II, Q. II, Art. 4. The Vices Opposed …, In Witnesses, nn. 1984, 1985, 1986, 1987, 1988, 1989, 1990, 1991, 1992, 1993 & 1994 (11 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)

Christian Theology, Dogmatic and Moral, in Compendium

Diss. V, Chapter IX — On the obligations of those who serve the courts, nn. ¶1, I, II, III, IV, V, VI, VII, VIII, IX, X, XI, XII, I, II, I, II, III, IV, V, VI, VII, VIII, I, II, III, IV, V, I, II, III, IV, V, VI, VII, VIII & IX (37 passages — hover a number to read it)

The Casuist: A Collection of Cases in Moral and Pastoral Theology

Vol. III, Case VIII: Duties of a Witness, nn. ¶1, ¶2, ¶3, ¶4, ¶5, ¶6, ¶7, ¶8, ¶9, ¶10, ¶11, ¶12 & ¶13 (13 passages — hover a number to read it)

Vol. IV, Case LXXVII: False Witness in a Court of Justice, nn. ¶1–¶18 (18 passages)

Vol. V, Case XXVI: A Witness Withholding Facts, nn. ¶1, ¶2, ¶3, ¶4, ¶5 & ¶6 (6 passages — hover a number to read it)

Moral Principles and Medical Practice: The Basis of Medical Jurisprudence

Coppens, Medical Practice, Lecture VIII. The Legal Aspects of Insanity, nn. ¶1–¶32 (32 passages)

Cases of Conscience for English-Speaking Countries, Volume II

Slater, Cases II, Duties of Laymen, Case 2. A Solitary Witness, nn. ¶1, ¶2, ¶3, ¶4, ¶5, ¶6, ¶7, ¶8 & ¶9 (9 passages — hover a number to read it)

The Liber Sextus of Boniface VIII

Bk. II, Title X: On Witnesses and Attestations, cc. 1, 2 & 3 (3 passages — hover a number to read it)

The Decretals of Gregory IX (Liber Extra)

Bk. II, Title XX: On Witnesses and Attestations, cc. 1–56 (56 passages)

Bk. II, Title XXI: On Witnesses Being Compelled or Not, cc. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 & 11 (11 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)

Vol. II, Pt. IV, Tr. III, Ch. II, Art. II, § 2. Concerning Auxiliaries Of Judges, nn. ¶2323, ¶1, ¶2324, ¶2, ¶2325, ¶2326, ¶2327, ¶3, ¶2328, ¶2329 & ¶2330 (11 passages — hover a number to read it)

Summa of Moral Theology (Summa Theologiae Moralis)

Vol. II, Part Fourth. On Particular…, Question Fifth. On Witnesses, nn. 739, 740, 741, 742, 743, 744, 745 & 746 (8 passages — hover a number to read it)

Vol. III, Book Eight. On Matrimony., Question Eight. On the For…, Article Three. On Witnesses., n. 650 — 650. Who Must Assist, and How. In order that matrimony be valid, from the Tridentine decree and from the new Code at least two witnesses must assist at it. The new law requires no special quality in them. 1. All can be w… Read in context →

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)

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…, I. On Judges, n. 7 — Note: Cases to be treated are some ecclesiastical, concerning sacred things or things annexed to them; others civil, concerning profane things; others are mixed. The former are directly of the ecclesiastical forum, the l… Read in context →

Vol. III, On the Particular Obligati…, VI. On Accusers, nn. 59, 60, 61, 62 & 63 (5 passages — hover a number to read it)

Vol. III, On the Particular Obligati…, VII. On Witnesses, nn. 64, 65, 66, 67, 68, 69 & 70 (7 passages — hover a number to read it)

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 →

Manual of Moral Theology (Manuale Theologiae Moralis)

Vol. I, Bk. II, Tr. II, Diss. III, Pt. I, Section III. On the Accuser and Denunciator, nn. ¶1, 1139 & 1140 (3 passages — hover a number to read it)

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)

Vol. I, Bk. II, Tr. II, Diss. III, Pt. I, Sect. IV, Scholion II. On Witnesses, nn. ¶1, 1146 & 1147 (3 passages — hover a number to read it)

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)

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)

Vol. I, TREATISE ON PARTICULAR STA…, PART FIRST: ON THE STATE O…, CHAPTER VI: ON THE OBLIGATION OF WITNESSES, nn. ¶1074, ¶1075, ¶1076 & ¶1077 (4 passages — hover a number to read it)

Pastoral Questions

Ch. II, § B. Concerning Certain Si…, Q. V, Which Is the Cause of Harm…, Honor, and Friendship, nn. ¶5000 & ¶5001 (2 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)

Vol. I, Tr. X, Pt. I, Chapter IV. On the Obligations of Witnesses, nn. 563, 564, 564, Q. 2, 564, Q. 3, 564, Q. 4 & 564, Q. 5 (6 passages — hover a number to read it)

Palladium Theologicum, Tome V: On the Virtues

Tr. I, Disputation XXVIII: On the…, Q. VIII, Doubt I: On the mode of proceeding by denunciation, nn. 1–75 (75 passages)

Tr. I, Disputation XXVIII: On the…, Q. VIII, Doubt II: On the mode of proceeding by accusation, nn. 1–32 (32 passages)

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)

Tr. I, Disputation XXX: On Witnesses, n. 1 — Since the whole truth of the Judgment hangs on the words of the Witnesses, the Judge ought before all else to be most well instructed in examining these with the greatest care, whose first duty in this office is to admon… Read in context →

Tr. I, Disputation XXX: On Witnes…, Question I: Whether anyone is sometimes bound to bear witness, nn. 1–27 (27 passages)

Tr. I, Disputation XXX: On Witnes…, Question II: Who can be witnesses in a trial, nn. 1–24 (24 passages)

Tr. I, Disputation XXX: On Witnes…, Question III: On the injustice of false witnesses, nn. 1–23 (23 passages)

Tr. I, Disputation XXX: On Witnes…, Question IV: What penalties are established for false witnesses, nn. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 & 12 (12 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)

Vol. II, Treatise on Particular Sta…, Part First. On the State o…, Chapter VI. On the Obligation of Witnesses, nn. 27, 28, 29 & 30 (19 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…, § 2. On The Obligations And Sins Of The Accuser And The Plaintiff, n. 159 — 159. Notions. In a civil cause he who presses before the judge against another is called the actor (Kläger), but in a criminal cause the accuser (Ankläger). In the strict sense the accuser is distinguished from the denou… Read in context →

Vol. II, Tr. XI, Sect. I, Q. III, Ch. III, Art. IV, I. On Injuries By Words In…, § 3. On The Obligations And Sins Of Witnesses, nn. 160 & 161 (2 passages — hover a number to read it)

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)

Treated under the broader heading Duties of Certain Laymen — Tanquerey — this work does not divide the matter as finely as we do here, so its treatment stands one heading up (ed.)