"the Lord raised up the . . . spirit of a
young boy."
Reply Obj. 2: In human affairs a man may submit of his own accord to
the judgment of others although these be not his superiors, an
example of which is when parties agree to a settlement by
arbitrators. Wherefore it is necessary that the arbitrator should be
upheld by a penalty, since the arbitrators through not exercising
authority in the case, have not of themselves full power of coercion.
Accordingly in this way did Christ of his own accord submit to human
judgment: and thus too did Pope Leo [*Leo IV] submit to the judgment
of the emperor [*Can. Nos si incompetenter, caus. ii, qu. 7].
Reply Obj. 3: The bishop of the defendant's diocese becomes
the latter's superior as regards the fault committed, even though he
be exempt: unless perchance the defendant offend in a matter exempt
from the bishop's authority, for instance in administering the
property of an exempt monastery. But if an exempt person commits a
theft, or a murder or the like, he may be justly condemned by the
ordinary.
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SECOND ARTICLE [II-II, Q. 67, Art. 2]
Whether It Is Lawful for a Judge to Pronounce Judgment Against the
Truth That He Knows, on Account of Evidence to the Contrary?
Objection 1: It would seem unlawful for a judge to pronounce judgment
against the truth that he knows, on account of evidence to the
contrary. For it is written (Deut. 17:9): "Thou shalt come to the
priests of the Levitical race, and to the judge that shall be at that
time; and thou shalt ask of them, and they shall show thee the truth
of the judgment." Now sometimes certain things are alleged against
the truth, as when something is proved by means of false witnesses.
Therefore it is unlawful for a judge to pronounce judgment according
to what is alleged and proved in opposition to the truth which he
knows.
Obj. 2: Further, in pronouncing judgment a man should conform to the
Divine judgment, since "it is the judgment of God" (Deut. 1:17). Now
"the judgment of God is according to the truth" (Rom. 2:2), and it
was foretold of Christ (Isa. 11:3, 4): "He shall not judge according
to the sight of the eyes, nor reprove according to the hearing of the
ears. But He shall judge the poor with justice, and shall reprove
with equity for the meek of the earth." Therefore the judge ought not
to pronounce judgment according to the evidence before him if it be
contrary to what he knows himself.
Obj.
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