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• Aquinas Ethicus, Or the Moral Teaching of St. Thomas, Translated From the Summa.: Second Division, Or Secunda Secundæ.
• Question Xlvii.: of Prudence. 1
• Question Xlviii.: of the Parts of Prudence.
• Question Lv.: of the Prudence of the Flesh.
• Question Lvii.: of Right. 2
• Question Lviii.: of Justice. 1
• Question Lix.: of Injustice.
• Question Lx.: of Judgment.
• Question Lxi.: of the Parts of Justice.
• Question Lxii.: of Restitution.
• Question Lxiii.: of the Respecting of Persons.
• Question Lxiv.: of Homicide.
• Question Lxv.: of Mutilation of Members.
• Question Lxvi.: of Theft and Robbery.
• Question Lxvii.: of Injustice In a Judge.
• Question Lxviii.: of What Relates to an Unjust Accusation.
• Question Lxix.: of Sins Against Justice On the Part of the Accused.
• Question Lxx.: of Injustice In the Person of the Witness.
• Question Lxxi.: of Injustice On the Part of Counsel At Law.
• Question Lxxii.: of Injurious Language Out of Court, and First of Contumely.
• Question Lxxiii.: of Detraction.
• Question Lxxiv.: of Mischief-making.
• Question Lxxvi.: of Cursing.
• Question Lxxvii.: of Fraudulent Dealing In Buying and Selling.
• Question Lxxviii.: of the Sin of Usury That Is Committed In Loans. 3
• Question Lxxix.: of the Integral Parts of Justice, Which Are to Do Good and Turn Away From Evil.
• Question Lxxx.: of the Potential Parts of Justice.
• Question Lxxxi.: of Religion.
• Question Lxxxii.: of Devotion.
• Question Lxxxiii.: of Prayer.
• Question Lxxxiv.: of the Exterior Acts of Divine Worship.
• Question Lxxxv.: of Sacrifice.
• Question Lxxxvi.: of Offerings.
• Question Lxxxviii.: of a Vow Whereby Something Is Promised to God.
• Question Lxxxix.: of Oaths.
• Question XCI.: Of the Taking of the Divine Name to Invoke It In Prayer Or Praise.
• Question XCII.: Of Vices Opposed to Religion, and First of Superstition.
• Question XCIII.: Of the Species of Superstition; and First of Superstition By Undue Worship of the True God.
• Question XCIV.: Of Idolatry.
• Question XCV.: Of the Superstition of Divination.
• Question XCVI.: Of Superstitious Observances.
• Question XCVII.: Of Tempting God.
• Question XCVIII.: Of Perjury.
• Question XCIX.: Of Sacrilege.
• Question C.: Of Simony.
• Question CI.: Of Natural Affection.
• Question CIV.: Of Obedience.
• Question CVI.: Of Gratitude.
• Question CVII.: Of Ingratitude.
• Question CVIII.: Of Vengeance. 1
• Question CIX.: Of Truthfulness.
• Question CX.: Of Vices Opposed to Truthfulness, and First of Lying.
• Question CXI.: Of Simulation and Hypocrisy.
• Question CXII.: Of Boasting.
• Question CXIII.: Of Self-depreciation.
• Question CXIV.: Of the Friendliness That Is Called Affability.
• Question CXV.: Of Flattery.
• Question CXVI.: Of the Spirit of Contradiction.
• Question CXVII.: Of Liberality.
• Question CXVIII.: Of Covetousness.
• Question CXIX.: Of Prodigality.
• Question CXX.: Of Equity.
• Question CXXIII.: Of Fortitude.
• Question CXXIV.: Of Martyrdom.
• Question CXXV.: Of Fear.
• Question CXXVI.: Of Insensibility to Fear.
• Question CXXVII.: Of Fiery Daring. 1
• Question CXXVIII.: Of the Parts of Fortitude.
• Question CXXIX.: Of Magnanimity. 1
• Question CXXX.: Of Presumption. 1
• Question CXXXI.: Of Ambition.
• Question CXXXII.: Of Vainglory.
• Question CXXXIII.: Of Pusillanimity.
• Question CXXXIV.: Of Munificence. 2
• Question CXXXV.: Of Petty Economy.
• Question CXXXVI.: Of Patience.
• Question CXXXVII.: Of Perseverance.
• Question Cxli.: of Temperance.
• Question Cxlii.: of Vices Opposed to Temperance.
• Question Cxliii.: of the Parts of Temperance In General.
• Question Cxlv.: of Propriety.
• Question Cxlvi.: of Abstinence.
• Question Cxlvii.: of Fasting.
• Question Cxlviii.: of Gluttony.
• Question Cxlix.: of Sobriety.
• Question Cl.: of Drunkenness.
• Question Cli.: of Chastity.
• Question Clii.: of Virginity.
• Question Cliii.: of the Vice of Luxury.
• Question Cliv.: of the Parts of Luxury.
• Question Clv.: of the Potential Parts of Temperance; and First of Continence. 1
• Question Clvi.: of Incontinence.
• Question Clvii.: of Clemency and Meekness.
• Question Clviii.: of Irascibility.
• Question Clix.: of Cruelty.
• Question Clxi.: of Humility.
• Question Clxii.: of Pride.
• Question Clxvi.: of Studiousness.
• Question Clxvii.: of Curiosity.
• Question Clxviii.: of Modesty, Or Decorum, In the Outward Movements of the Body. 2
• Question Clxix.: of Modesty In Dress.
• Question Clxxxii.: of the Comparison of the Active Life With the Contemplative.
• Question Clxxxiii.: of Offices and Various States of Men In General.
• Question Clxxxiv.: of What Relates to the State of Perfection In General.
• Question Clxxxvi.: of the Things In Which the Religious State Properly Consists.
• Question Clxxxvii.: of the Things Proper For Religious to Do.
• Question Clxxxviii.: of the Variety of Religious Orders.
• Question Clxxxix.: of the Entry Into Religion.
• By the Same Author.

QUESTION LXVII.

OF INJUSTICE IN A JUDGE.

Article I.—Can it be just to sit in judgment on one who is not a subject of the court?

R. The sentence of a judge is a sort of private law made on occasion of some individual act. And therefore as a general law ought to be fraught with coercive power, so also should a judge’s sentence be fraught with coercive power, whereby both parties may be bound to observe the sentence of the judge: otherwise the judgment would not be effectual. Now coercive power is not lawfully wielded in society except in the hands of public authority. They who bear such authority count as superiors in respect of those over whom they have received authority, whether ordinary or delegated. And therefore no one can sit as judge except over one who is in some way his subject, whether by delegation or by ordinary authority.

§ 3. The Bishop in whose diocese a person commits an offence, is rendered his superior by reason of the offence, even though the offender be an exempt religious, unless he happen to offend in some exempt matter, as in the administration of the goods of an exempt monastery. But if any exempt religious commits theft, or murder, or any crime of that sort, he may justly be condemned by the Ordinary.

Article II.—Is it lawful for a judge to give sentence against what is to him the known truth, on the ground of the evidence that is brought forward to the contrary?

R. To give sentence is the office of the judge inasmuch as he bears a public commission; and therefore in passing sentence he ought to be informed, not by what he knows himself as a private individual, but by what comes to his knowledge as a public person. Knowledge comes to him in that capacity both in general and in particular: in general by the public laws, whether divine or human, against which he ought to admit no pleas; in the particular business on hand by deeds and witnesses and other such lawful informations; and these he ought to follow in giving sentence rather than what he himself knows as a private individual. By this latter source of information however he may be aided in making a severer examination of the evidence alleged, so as to trace out where it is wanting. But if he cannot lawfully set it aside, he ought to follow it in giving sentence.

§ 4. In what belongs to his own person, a man ought to form his conscience by his own knowledge: but in what belongs to public authority, a man must form his conscience according to what can be known in a public court of law.

Article III.—Can a judge condemn where there is no accuser?

R. In criminal cases a judge cannot pass sentence on any one unless he has an accuser, according to that: “It is not the custom of the Romans to condemn any man, before that he who is accused have his accusers present, and have liberty to make his answer, to clear himself of the things laid to his charge.”1

§ 2. In denunciation2 there is intended, not the punishment of the offender, but his amendment; and therefore nothing is done against him whose sin is denounced, but for him; and therefore no accuser is necessary there.

Article IV.—Can a judge lawfully remit the penalty?

R. There are two things to observe about a judge: on the one hand, he has to judge between accuser and accused; on the other, he does not pass a judicial sentence of his own, but by public authority. And therefore there are two reasons to hinder a judge from letting a guilty person off his punishment: first, on the part of the accuser, to whose right it sometimes appertains to have the accused punished, as for some wrong done him which it is not in the judge’s power to condone, because every judge is bound to render to every man his own. In another way, he is hindered on the part of the commonwealth, whose authority he wields; since it concerns the good of the commonwealth that wrong-doers be punished. Nevertheless on this point there is a difference between inferior judges and the Supreme Judge, or Sovereign, to whom the plenitude of civil authority is entrusted. For an inferior judge has no power to let a guilty party go scot-free, against the laws laid down for his guidance by higher authority. But if the person who has suffered the injury is willing to pardon it, the Sovereign, having full power in the State, can lawfully discharge the guilty party, if he sees that course to be not prejudicial to the public interest.

[1 ]Acts xxv. 16.

[2 ]As practised in Religious Orders. See Suarez, On the Religious State, translated by Humphrey, vol. iii. pp. 352, seq. Also II-II. q. 33. art. 7; q. 68. art. 1; q. 68. art. 2. § 3.