j. 2: To judge belongs to God in virtue of His own power:
wherefore His judgment is based on the truth which He Himself knows,
and not on knowledge imparted by others: the same is to be said of
Christ, Who is true God and true man: whereas other judges do not
judge in virtue of their own power, so that there is no comparison.
Reply Obj. 3: The Apostle refers to the case where something is well
known not to the judge alone, but both to him and to others, so that
the guilty party can by no means deny his guilt (as in the case of
notorious criminals), and is convicted at once from the evidence of
the fact. If, on the other hand, it be well known to the judge, but
not to others, or to others, but not to the judge, then it is
necessary for the judge to sift the evidence.
Reply Obj. 4: In matters touching his own person, a man must form his
conscience from his own knowledge, but in matters concerning the
public authority, he must form his conscience in accordance with the
knowledge attainable in the public judicial procedure.
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THIRD ARTICLE [II-II, Q. 67, Art. 3]
Whether a Judge May Condemn a Man Who Is Not Accused?
Objection 1: It would seem that a judge may pass sentence on a man
who is not accused. For human justice is derived from Divine justice.
Now God judges the sinner even though there be no accuser. Therefore
it seems that a man may pass sentence of condemnation on a man even
though there be no accuser.
Obj. 2: Further, an accuser is required in judicial procedure in
order that he may relate the crime to the judge. Now sometimes the
crime may come to the judge's knowledge otherwise than by accusation;
for instance, by denunciation, or by evil report, or through the
judge himself being an eye-witness. Therefore a judge may condemn a
man without there being an accuser.
Obj. 3: Further, the deeds of holy persons are related in Holy Writ,
as models of human conduct. Now Daniel was at the same time the
accuser and the judge of the wicked ancients (Dan. 13). Therefore it
is not contrary to justice for a man to condemn anyone as judge while
being at the same time his accuser.
_On the contrary,_ Ambrose in his commentary on 1 Cor. 5:2,
expounding the Apostle's sentence on the fornicator, says that "a
judge should not condemn without an accuser, since our Lord did not
banish Judas, who was a thief, yet was not accused."
_I answer that,_ A judge is an interpreter of justice. Wherefore
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