t and has
no binding force. For positive right has no place except where "it
matters not," according to the natural right, "whether a thing be
done in one way or in another"; as stated above (Q. 57, A. 2, ad 2).
Wherefore such documents are to be called, not laws, but rather
corruptions of law, as stated above (I-II, Q. 95, A. 2): and
consequently judgment should not be delivered according to them.

Reply Obj. 2: Even as unjust laws by their very nature are, either
always or for the most part, contrary to the natural right, so too
laws that are rightly established, fail in some cases, when if they
were observed they would be contrary to the natural right. Wherefore
in such cases judgment should be delivered, not according to the
letter of the law, but according to equity which the lawgiver has in
view. Hence the jurist says [*Digest. i, 3; De leg. senatusque
consult. 25]: "By no reason of law, or favor of equity, is it
allowable for us to interpret harshly, and render burdensome, those
useful measures which have been enacted for the welfare of man." In
such cases even the lawgiver himself would decide otherwise; and if
he had foreseen the case, he might have provided for it by law.

This suffices for the Reply to the Third Objection.
_______________________

SIXTH ARTICLE [II-II, Q. 60, Art. 6]

Whether Judgment Is Rendered Perverse by Being Usurped?

Objection 1: It would seem that judgment is not rendered perverse by
being usurped. For justice is rectitude in matters of action. Now
truth is not impaired, no matter who tells it, but it may suffer from
the person who ought to accept it. Therefore again justice loses
nothing, no matter who declares what is just, and this is what is
meant by judgment.

Obj. 2: Further, it belongs to judgment to punish sins. Now it is
related to the praise of some that they punished sins without having
authority over those whom they punished; such as Moses in slaying the
Egyptian (Ex. 2:12), and Phinees the son of Eleazar in slaying Zambri
the son of Salu (Num. 25:7-14), and "it was reputed to him unto
justice" (Ps. 105:31). Therefore usurpation of judgment pertains not
to injustice.

Obj. 3: Further, spiritual power is distinct from temporal. Now
prelates having spiritual power sometimes interfere in matters
concerning the secular power. Therefore usurped judgment is not
unlawful.

Obj. 4: Further, even as the judge requires authority in order to
judge aright, so also does he