, as
the Philosopher says (Ethic. v, 4), "men have recourse to a judge as
to one who is the personification of justice." Now, as stated above
(Q. 58, A. 2), justice is not between a man and himself but between
one man and another. Hence a judge must needs judge between two
parties, which is the case when one is the prosecutor, and the other
the defendant. Therefore in criminal cases the judge cannot sentence
a man unless the latter has an accuser, according to Acts 25:16: "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 crimes" of which he is accused.

Reply Obj. 1: God, in judging man, takes the sinner's conscience as
his accuser, according to Rom. 2:15, "Their thoughts between
themselves accusing, or also defending one another"; or again, He
takes the evidence of the fact as regards the deed itself, according
to Gen. 4:10, "The voice of thy brother's blood crieth to Me from the
earth."

Reply Obj. 2: Public disgrace takes the place of an accuser. Hence a
gloss on Gen. 4:10, "The voice of thy brother's blood," etc. says:
"There is no need of an accuser when the crime committed is
notorious." In a case of denunciation, as stated above (Q. 33, A. 7),
the amendment, not the punishment, of the sinner is intended:
wherefore when a man is denounced for a sin, nothing is done against
him, but for him, so that no accuser is required. The punishment that
is inflicted is on account of his rebellion against the Church, and
since this rebellion is manifest, it stands instead of an accuser.
The fact that the judge himself was an eye-witness, does not
authorize him to proceed to pass sentence, except according to the
order of judicial procedure.

Reply Obj. 3: God, in judging man, proceeds from His own knowledge of
the truth, whereas man does not, as stated above (A. 2). Hence a man
cannot be accuser, witness and judge at the same time, as God is.
Daniel was at once accuser and judge, because he was the executor of
the sentence of God, by whose instinct he was moved, as stated above
(A. 1, ad 1).
_______________________

FOURTH ARTICLE [II-II, Q. 67, Art. 4]

Whether the Judge Can Lawfully Remit the Punishment?

Objection 1: It would seem that the judge can lawfully remit the
punishment. For it is written (James 2:13): "Judgment without mercy"
shall be done "to him that hath not done mercy." Now no ma