FREE BOOKS

Author's List




PREV.   NEXT  
|<   623   624   625   626   627   628   629   630   631   632   633   634   635   636   637   638   639   640   641   642   643   644   645   646   647  
648   649   650   651   652   653   654   655   656   657   658   659   660   661   662   663   664   665   666   667   668   669   670   671   672   >>   >|  
"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. _______________________ 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.
PREV.   NEXT  
|<   623   624   625   626   627   628   629   630   631   632   633   634   635   636   637   638   639   640   641   642   643   644   645   646   647  
648   649   650   651   652   653   654   655   656   657   658   659   660   661   662   663   664   665   666   667   668   669   670   671   672   >>   >|  



Top keywords:

judgment

 

exempt

 

pronounce

 

submit

 

Christ

 

bishop

 
reprove
 
defendant
 

contrary

 

proved


alleged

 
Therefore
 

evidence

 

unlawful

 
arbitrators
 

accord

 

authority

 
affairs
 

Levitical

 

superiors


Objection

 

parties

 

account

 
written
 

priests

 
raised
 

hearing

 

justice

 

equity

 

foretold


witnesses

 

Contrary

 

spirit

 

opposition

 

Divine

 

conform

 

Further

 

pronouncing

 

things

 

diocese


exercising
 

superior

 

penalty

 

upheld

 

committed

 

Accordingly

 

incompetenter

 

emperor

 

perchance

 

offend