they
have extorted by a wicked excess, but not what has been given to them
in accordance with a commendable custom."
Reply Obj. 1: Man is not bound to do gratuitously whatever he
can do from motives of mercy: else no man could lawfully sell
anything, since anything may be given from motives of mercy. But when
a man does give a thing out of mercy, he should seek, not a human, but
a Divine reward. In like manner an advocate, when he mercifully pleads
the cause of a poor man, should have in view not a human but a Divine
meed; and yet he is not always bound to give his services
gratuitously.
Reply Obj. 2: Though knowledge of law is something spiritual, the use
of that knowledge is accomplished by the work of the body: hence it
is lawful to take money in payment of that use, else no craftsman
would be allowed to make profit by his art.
Reply Obj. 3: The judge and witnesses are common to either
party, since the judge is bound to pronounce a just verdict, and the
witness to give true evidence. Now justice and truth do not incline to
one side rather than to the other: and consequently judges receive out
of the public funds a fixed pay for their labor; and witnesses receive
their expenses (not as payment for giving evidence, but as a fee for
their labor) either from both parties or from the party by whom they
are adduced, because no man "serveth as a soldier at any time at his
own charge [*Vulg.: 'Who serveth as a soldier,']" (1 Cor. 9:7). On the
other hand an advocate defends one party only, and so he may lawfully
accept fee from the party he assists.
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QUESTION 72
OF REVILING
(In Four Articles)
We must now consider injuries inflicted by words uttered
extrajudicially. We shall consider (1) reviling, (2) backbiting,
(3) tale bearing, (4) derision, (5) cursing.
Under the first head there are four points of inquiry:
(1) What is reviling?
(2) Whether every reviling is a mortal sin?
(3) Whether one ought to check revilers?
(4) Of the origin of reviling.
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FIRST ARTICLE [II-II, Q. 72, Art. 1]
Whether Reviling Consists in Words?
Objection 1: It would seem that reviling does not consist in words.
Reviling implies some injury inflicted on one's neighbor, since it is
a kind of injustice. But words seem to inflict no injury on one's
neighbor, either in his person, or in his belongings. Therefore
reviling does not consist in words.
Obj. 2: Further, reviling
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