[I, Q. 23, Art. 7]

Whether the Number of the Predestined Is Certain?

Objection 1: It seems that the number of the predestined is not certain. For a number to which an addition can be made is not certain. But there can be an addition to the number of the predestined as it seems; for it is written (Deut. 1:11): "The Lord God adds to this number many thousands," and a gloss adds, "fixed by God, who knows those who belong to Him." Therefore the number of the predestined is not certain.

Obj. 2: Further, no reason can be assigned why God pre-ordains to salvation one number of men more than another. But nothing is arranged by God without a reason. Therefore the number to be saved pre-ordained by God cannot be certain.

Obj. 3: Further, the operations of God are more perfect than those of nature. But in the works of nature, good is found in the majority of things; defect and evil in the minority. If, then, the number of the saved were fixed by God at a certain figure, there would be more saved than lost. Yet the contrary follows from Matt. 7:13,14: "For wide is the gate, and broad the way that leadeth to destruction, and many there are who go in thereat. How narrow is the gate, and strait is the way that leadeth to life; and few there are who find it!" Therefore the number of those pre-ordained by God to be saved is not certain.

_On the contrary,_ Augustine says (De Corr. et Grat. 13): "The number of the predestined is certain, and can neither be increased nor diminished."

_I answer that,_ The number of the predestined is certain. Some have said that it was formally, but not materially certain; as if we were to say that it was certain that a hundred or a thousand would be saved; not however these or those individuals. But this destroys the certainty of predestination; of which we spoke above (A. 6). Therefore we must say that to God the number of the predestined is certain, not only formally, but also materially. It must, however, be observed that the number of the predestined is said to be certain to God, not by reason of His knowledge, because, that is to say, He knows how many will be saved (for in this way the number of drops of rain and the sands of the sea are certain to God); but by reason of His deliberate choice and determination. For the further evidence of which we must remember that every agent intends to make something finite, as is clear from what has been said above when we treated of the infinite (Q. 7, AA. 2 ,3). Now whosoever intends some definite measure in his effect thinks out some definite number in the essential parts, which are by their very nature required for the perfection of the whole. For of those things which are required not principally, but only on account of something else, he does not select any definite number _per se_; but he accepts and uses them in such numbers as are necessary on account of that other thing. For instance, a builder thinks out the definite measurements of a house, and also the definite number of rooms which he wishes to make in the house; and definite measurements of the walls and roof; he does not, however, select a definite number of stones, but accepts and uses just so many as are sufficient for the required measurements of the wall. So also must we consider concerning God in regard to the whole universe, which is His effect. For He pre-ordained the measurements of the whole of the universe, and what number would befit the essential parts of that universe--that is to say, which have in some way been ordained in perpetuity; how many spheres, how many stars, how many elements, and how many species. Individuals, however, which undergo corruption, are not ordained as it were chiefly for the good of the universe, but in a secondary way, inasmuch as the good of the species is preserved through them. Whence, although God knows the total number of individuals, the number of oxen, flies and such like, is not pre-ordained by God _per se_; but divine providence produces just so many as are sufficient for the preservation of the species. Now of all creatures the rational creature is chiefly ordained for the good of the universe, being as such incorruptible; more especially those who attain to eternal happiness, since they more immediately reach the ultimate end. Whence the number of the predestined is certain to God; not only by way of knowledge, but also by way of a principal pre-ordination.

It is not exactly the same thing in the case of the number of the reprobate, who would seem to be pre-ordained by God for the good of the elect, in whose regard "all things work together unto good" (Rom. 8:28). Concerning the number of all the predestined, some say that so many men will be saved as angels fell; some, so many as there were angels left; others, as many as the number of angels created by God. It is, however, better to say that, "to God alone is known the number for whom is reserved eternal happiness [*From the 'secret' prayer of the missal, 'pro vivis et defunctis.']"

Reply Obj. 1: These words of Deuteronomy must be taken as applied to those who are marked out by God beforehand in respect to present righteousness. For their number is increased and diminished, but not the number of the predestined.

Reply Obj. 2: The reason of the quantity of any one part must be judged from the proportion of that part of the whole. Thus in God the reason why He has made so many stars, or so many species of things, or predestined so many, is according to the proportion of the principal parts to the good of the whole universe.

Reply Obj. 3: The good that is proportionate to the common state of nature is to be found in the majority; and is wanting in the minority. The good that exceeds the common state of nature is to be found in the minority, and is wanting in the majority. Thus it is clear that the majority of men have a sufficient knowledge for the guidance of life; and those who have not this knowledge are said to be half-witted or foolish; but they who attain to a profound knowledge of things intelligible are a very small minority in respect to the rest. Since their eternal happiness, consisting in the vision of God, exceeds the common state of nature, and especially in so far as this is deprived of grace through the corruption of original sin, those who are saved are in the minority. In this especially, however, appears the mercy of God, that He has chosen some for that salvation, from which very many in accordance with the common course and tendency of nature fall short. _______________________

EIGHTH

[I-II, Q. 105, Art. 1]

Whether the Old Law Enjoined Fitting Precepts Concerning Rulers?

Objection 1: It would seem that the Old Law made unfitting precepts concerning rulers. Because, as the Philosopher says (Polit. iii, 4), "the ordering of the people depends mostly on the chief ruler." But the Law contains no precept relating to the institution of the chief ruler; and yet we find therein prescriptions concerning the inferior rulers: firstly (Ex. 18:21): "Provide out of all the people wise [Vulg.: 'able'] men," etc.; again (Num. 11:16): "Gather unto Me seventy men of the ancients of Israel"; and again (Deut. 1:13): "Let Me have from among you wise and understanding men," etc. Therefore the Law provided insufficiently in regard to the rulers of the people.

Obj. 2: Further, "The best gives of the best," as Plato states (Tim. ii). Now the best ordering of a state or of any nation is to be ruled by a king: because this kind of government approaches nearest in resemblance to the Divine government, whereby God rules the world from the beginning. Therefore the Law should have set a king over the people, and they should not have been allowed a choice in the matter, as indeed they were allowed (Deut. 17:14, 15): "When thou . . . shalt say: I will set a king over me . . . thou shalt set him," etc.

Obj. 3: Further, according to Matt. 12:25: "Every kingdom divided against itself shall be made desolate": a saying which was verified in the Jewish people, whose destruction was brought about by the division of the kingdom. But the Law should aim chiefly at things pertaining to the general well-being of the people. Therefore it should have forbidden the kingdom to be divided under two kings: nor should this have been introduced even by Divine authority; as we read of its being introduced by the authority of the prophet Ahias the Silonite (3 Kings 11:29, seqq.).

Obj. 4: Further, just as priests are instituted for the benefit of the people in things concerning God, as stated in Heb. 5:1; so are rulers set up for the benefit of the people in human affairs. But certain things were allotted as a means of livelihood for the priests and Levites of the Law: such as the tithes and first-fruits, and many like things. Therefore in like manner certain things should have been determined for the livelihood of the rulers of the people: the more that they were forbidden to accept presents, as is clearly stated in Ex. 23:8: "You shall not [Vulg.: 'Neither shalt thou'] take bribes, which even blind the wise, and pervert the words of the just."

Obj. 5: Further, as a kingdom is the best form of government, so is tyranny the most corrupt. But when the Lord appointed the king, He established a tyrannical law; for it is written (1 Kings 8:11): "This will be the right of the king, that shall reign over you: He will take your sons," etc. Therefore the Law made unfitting provision with regard to the institution of rulers.

_On the contrary,_ The people of Israel is commended for the beauty of its order (Num. 24:5): "How beautiful are thy tabernacles, O Jacob, and thy tents." But the beautiful ordering of a people depends on the right establishment of its rulers. Therefore the Law made right provision for the people with regard to its rulers.

_I answer that,_ Two points are to be observed concerning the right ordering of rulers in a state or nation. One is that all should take some share in the government: for this form of constitution ensures peace among the people, commends itself to all, and is most enduring, as stated in _Polit._ ii, 6. The other point is to be observed in respect of the kinds of government, or the different ways in which the constitutions are established. For whereas these differ in kind, as the Philosopher states (Polit. iii, 5), nevertheless the first place is held by the _kingdom,_ where the power of government is vested in one; and _aristocracy,_ which signifies government by the best, where the power of government is vested in a few. Accordingly, the best form of government is in a state or kingdom, where one is given the power to preside over all; while under him are others having governing powers: and yet a government of this kind is shared by all, both because all are eligible to govern, and because the rules are chosen by all. For this is the best form of polity, being partly kingdom, since there is one at the head of all; partly aristocracy, in so far as a number of persons are set in authority; partly democracy, i.e. government by the people, in so far as the rulers can be chosen from the people, and the people have the right to choose their rulers.

Such was the form of government established by the Divine Law. For Moses and his successors governed the people in such a way that each of them was ruler over all; so that there was a kind of kingdom. Moreover, seventy-two men were chosen, who were elders in virtue: for it is written (Deut. 1:15): "I took out of your tribes wise and honorable, and appointed them rulers": so that there was an element of aristocracy. But it was a democratical government in so far as the rulers were chosen from all the people; for it is written (Ex. 18:21): "Provide out of all the people wise [Vulg.: 'able'] men," etc.; and, again, in so far as they were chosen by the people; wherefore it is written (Deut. 1:13): "Let me have from among you wise [Vulg.: 'able'] men," etc. Consequently it is evident that the ordering of the rulers was well provided for by the Law.

Reply Obj. 1: This people was governed under the special care of God: wherefore it is written (Deut. 7:6): "The Lord thy God hath chosen thee to be His peculiar people": and this is why the Lord reserved to Himself the institution of the chief ruler. For this too did Moses pray (Num. 27:16): "May the Lord the God of the spirits of all the flesh provide a man, that may be over this multitude." Thus by God's orders Josue was set at the head in place of Moses; and we read about each of the judges who succeeded Josue that God "raised . . . up a saviour" for the people, and that "the spirit of the Lord was" in them (Judges 3:9, 10, 15). Hence the Lord did not leave the choice of a king to the people; but reserved this to Himself, as appears from Deut. 17:15: "Thou shalt set him whom the Lord thy God shall choose."

Reply Obj. 2: A kingdom is the best form of government of the people, so long as it is not corrupt. But since the power granted to a king is so great, it easily degenerates into tyranny, unless he to whom this power is given be a very virtuous man: for it is only the virtuous man that conducts himself well in the midst of prosperity, as the Philosopher observes (Ethic. iv, 3). Now perfect virtue is to be found in few: and especially were the Jews inclined to cruelty and avarice, which vices above all turn men into tyrants. Hence from the very first the Lord did not set up the kingly authority with full power, but gave them judges and governors to rule them. But afterwards when the people asked Him to do so, being indignant with them, so to speak, He granted them a king, as is clear from His words to Samuel (1 Kings 8:7): "They have not rejected thee, but Me, that I should not reign over them."

Nevertheless, as regards the appointment of a king, He did establish the manner of election from the very beginning (Deut. 17:14, seqq.): and then He determined two points: first, that in choosing a king they should wait for the Lord's decision; and that they should not make a man of another nation king, because such kings are wont to take little interest in the people they are set over, and consequently to have no care for their welfare: secondly, He prescribed how the king after his appointment should behave, in regard to himself; namely, that he should not accumulate chariots and horses, nor wives, nor immense wealth: because through craving for such things princes become tyrants and forsake justice. He also appointed the manner in which they were to conduct themselves towards God: namely, that they should continually read and ponder on God's Law, and should ever fear and obey God. Moreover, He decided how they should behave towards their subjects: namely, that they should not proudly despise them, or ill-treat them, and that they should not depart from the paths of justice.

Reply Obj. 3: The division of the kingdom, and a number of kings, was rather a punishment inflicted on that people for their many dissensions, specially against the just rule of David, than a benefit conferred on them for their profit. Hence it is written (Osee 13:11): "I will give thee a king in My wrath"; and (Osee 8:4): "They have reigned, but not by Me: they have been princes, and I knew not."

Reply Obj. 4: The priestly office was bequeathed by succession from father to son: and this, in order that it might be held in greater respect, if not any man from the people could become a priest: since honor was given to them out of reverence for the divine worship. Hence it was necessary to put aside certain things for them both as to tithes and as to first-fruits, and, again, as to oblations and sacrifices, that they might be afforded a means of livelihood. On the other hand, the rulers, as stated above, were chosen from the whole people; wherefore they had their own possessions, from which to derive a living: and so much the more, since the Lord forbade even a king to have superabundant wealth to make too much show of magnificence: both because he could scarcely avoid the excesses of pride and tyranny, arising from such things, and because, if the rulers were not very rich, and if their office involved much work and anxiety, it would not tempt the ambition of the common people; and would not become an occasion of sedition.

Reply Obj. 5: That right was not given to the king by Divine institution: rather was it foretold that kings would usurp that right, by framing unjust laws, and by degenerating into tyrants who preyed on their subjects. This is clear from the context that follows: "And you shall be his slaves [Douay: 'servants']": which is significative of tyranny, since a tyrant rules is subjects as though they were his slaves. Hence Samuel spoke these words to deter them from asking for a king; since the narrative continues: "But the people would not hear the voice of Samuel." It may happen, however, that even a good king, without being a tyrant, may take away the sons, and make them tribunes and centurions; and may take many things from his subjects in order to secure the common weal. ________________________

SECOND

[I-II, Q. 105, Art. 1]

Whether the Old Law Enjoined Fitting Precepts Concerning Rulers?

Objection 1: It would seem that the Old Law made unfitting precepts concerning rulers. Because, as the Philosopher says (Polit. iii, 4), "the ordering of the people depends mostly on the chief ruler." But the Law contains no precept relating to the institution of the chief ruler; and yet we find therein prescriptions concerning the inferior rulers: firstly (Ex. 18:21): "Provide out of all the people wise [Vulg.: 'able'] men," etc.; again (Num. 11:16): "Gather unto Me seventy men of the ancients of Israel"; and again (Deut. 1:13): "Let Me have from among you wise and understanding men," etc. Therefore the Law provided insufficiently in regard to the rulers of the people.

Obj. 2: Further, "The best gives of the best," as Plato states (Tim. ii). Now the best ordering of a state or of any nation is to be ruled by a king: because this kind of government approaches nearest in resemblance to the Divine government, whereby God rules the world from the beginning. Therefore the Law should have set a king over the people, and they should not have been allowed a choice in the matter, as indeed they were allowed (Deut. 17:14, 15): "When thou . . . shalt say: I will set a king over me . . . thou shalt set him," etc.

Obj. 3: Further, according to Matt. 12:25: "Every kingdom divided against itself shall be made desolate": a saying which was verified in the Jewish people, whose destruction was brought about by the division of the kingdom. But the Law should aim chiefly at things pertaining to the general well-being of the people. Therefore it should have forbidden the kingdom to be divided under two kings: nor should this have been introduced even by Divine authority; as we read of its being introduced by the authority of the prophet Ahias the Silonite (3 Kings 11:29, seqq.).

Obj. 4: Further, just as priests are instituted for the benefit of the people in things concerning God, as stated in Heb. 5:1; so are rulers set up for the benefit of the people in human affairs. But certain things were allotted as a means of livelihood for the priests and Levites of the Law: such as the tithes and first-fruits, and many like things. Therefore in like manner certain things should have been determined for the livelihood of the rulers of the people: the more that they were forbidden to accept presents, as is clearly stated in Ex. 23:8: "You shall not [Vulg.: 'Neither shalt thou'] take bribes, which even blind the wise, and pervert the words of the just."

Obj. 5: Further, as a kingdom is the best form of government, so is tyranny the most corrupt. But when the Lord appointed the king, He established a tyrannical law; for it is written (1 Kings 8:11): "This will be the right of the king, that shall reign over you: He will take your sons," etc. Therefore the Law made unfitting provision with regard to the institution of rulers.

_On the contrary,_ The people of Israel is commended for the beauty of its order (Num. 24:5): "How beautiful are thy tabernacles, O Jacob, and thy tents." But the beautiful ordering of a people depends on the right establishment of its rulers. Therefore the Law made right provision for the people with regard to its rulers.

_I answer that,_ Two points are to be observed concerning the right ordering of rulers in a state or nation. One is that all should take some share in the government: for this form of constitution ensures peace among the people, commends itself to all, and is most enduring, as stated in _Polit._ ii, 6. The other point is to be observed in respect of the kinds of government, or the different ways in which the constitutions are established. For whereas these differ in kind, as the Philosopher states (Polit. iii, 5), nevertheless the first place is held by the _kingdom,_ where the power of government is vested in one; and _aristocracy,_ which signifies government by the best, where the power of government is vested in a few. Accordingly, the best form of government is in a state or kingdom, where one is given the power to preside over all; while under him are others having governing powers: and yet a government of this kind is shared by all, both because all are eligible to govern, and because the rules are chosen by all. For this is the best form of polity, being partly kingdom, since there is one at the head of all; partly aristocracy, in so far as a number of persons are set in authority; partly democracy, i.e. government by the people, in so far as the rulers can be chosen from the people, and the people have the right to choose their rulers.

Such was the form of government established by the Divine Law. For Moses and his successors governed the people in such a way that each of them was ruler over all; so that there was a kind of kingdom. Moreover, seventy-two men were chosen, who were elders in virtue: for it is written (Deut. 1:15): "I took out of your tribes wise and honorable, and appointed them rulers": so that there was an element of aristocracy. But it was a democratical government in so far as the rulers were chosen from all the people; for it is written (Ex. 18:21): "Provide out of all the people wise [Vulg.: 'able'] men," etc.; and, again, in so far as they were chosen by the people; wherefore it is written (Deut. 1:13): "Let me have from among you wise [Vulg.: 'able'] men," etc. Consequently it is evident that the ordering of the rulers was well provided for by the Law.

Reply Obj. 1: This people was governed under the special care of God: wherefore it is written (Deut. 7:6): "The Lord thy God hath chosen thee to be His peculiar people": and this is why the Lord reserved to Himself the institution of the chief ruler. For this too did Moses pray (Num. 27:16): "May the Lord the God of the spirits of all the flesh provide a man, that may be over this multitude." Thus by God's orders Josue was set at the head in place of Moses; and we read about each of the judges who succeeded Josue that God "raised . . . up a saviour" for the people, and that "the spirit of the Lord was" in them (Judges 3:9, 10, 15). Hence the Lord did not leave the choice of a king to the people; but reserved this to Himself, as appears from Deut. 17:15: "Thou shalt set him whom the Lord thy God shall choose."

Reply Obj. 2: A kingdom is the best form of government of the people, so long as it is not corrupt. But since the power granted to a king is so great, it easily degenerates into tyranny, unless he to whom this power is given be a very virtuous man: for it is only the virtuous man that conducts himself well in the midst of prosperity, as the Philosopher observes (Ethic. iv, 3). Now perfect virtue is to be found in few: and especially were the Jews inclined to cruelty and avarice, which vices above all turn men into tyrants. Hence from the very first the Lord did not set up the kingly authority with full power, but gave them judges and governors to rule them. But afterwards when the people asked Him to do so, being indignant with them, so to speak, He granted them a king, as is clear from His words to Samuel (1 Kings 8:7): "They have not rejected thee, but Me, that I should not reign over them."

Nevertheless, as regards the appointment of a king, He did establish the manner of election from the very beginning (Deut. 17:14, seqq.): and then He determined two points: first, that in choosing a king they should wait for the Lord's decision; and that they should not make a man of another nation king, because such kings are wont to take little interest in the people they are set over, and consequently to have no care for their welfare: secondly, He prescribed how the king after his appointment should behave, in regard to himself; namely, that he should not accumulate chariots and horses, nor wives, nor immense wealth: because through craving for such things princes become tyrants and forsake justice. He also appointed the manner in which they were to conduct themselves towards God: namely, that they should continually read and ponder on God's Law, and should ever fear and obey God. Moreover, He decided how they should behave towards their subjects: namely, that they should not proudly despise them, or ill-treat them, and that they should not depart from the paths of justice.

Reply Obj. 3: The division of the kingdom, and a number of kings, was rather a punishment inflicted on that people for their many dissensions, specially against the just rule of David, than a benefit conferred on them for their profit. Hence it is written (Osee 13:11): "I will give thee a king in My wrath"; and (Osee 8:4): "They have reigned, but not by Me: they have been princes, and I knew not."

Reply Obj. 4: The priestly office was bequeathed by succession from father to son: and this, in order that it might be held in greater respect, if not any man from the people could become a priest: since honor was given to them out of reverence for the divine worship. Hence it was necessary to put aside certain things for them both as to tithes and as to first-fruits, and, again, as to oblations and sacrifices, that they might be afforded a means of livelihood. On the other hand, the rulers, as stated above, were chosen from the whole people; wherefore they had their own possessions, from which to derive a living: and so much the more, since the Lord forbade even a king to have superabundant wealth to make too much show of magnificence: both because he could scarcely avoid the excesses of pride and tyranny, arising from such things, and because, if the rulers were not very rich, and if their office involved much work and anxiety, it would not tempt the ambition of the common people; and would not become an occasion of sedition.

Reply Obj. 5: That right was not given to the king by Divine institution: rather was it foretold that kings would usurp that right, by framing unjust laws, and by degenerating into tyrants who preyed on their subjects. This is clear from the context that follows: "And you shall be his slaves [Douay: 'servants']": which is significative of tyranny, since a tyrant rules is subjects as though they were his slaves. Hence Samuel spoke these words to deter them from asking for a king; since the narrative continues: "But the people would not hear the voice of Samuel." It may happen, however, that even a good king, without being a tyrant, may take away the sons, and make them tribunes and centurions; and may take many things from his subjects in order to secure the common weal. ________________________

SECOND

[I-II, Q. 105, Art. 2]

Whether the Judicial Precepts Were Suitably Framed As to the Relations of One Man with Another?

Objection 1: It would seem that the judicial precepts were not suitably framed as regards the relations of one man with another. Because men cannot live together in peace, if one man takes what belongs to another. But this seems to have been approved by the Law: since it is written (Deut. 23:24): "Going into thy neighbor's vineyard, thou mayest eat as many grapes as thou pleasest." Therefore the Old Law did not make suitable provisions for man's peace.

Obj. 2: Further, one of the chief causes of the downfall of states has been the holding of property by women, as the Philosopher says (Polit. ii, 6). But this was introduced by the Old Law; for it is written (Num. 27:8): "When a man dieth without a son, his inheritance shall pass to his daughter." Therefore the Law made unsuitable provision for the welfare of the people.

Obj. 3: Further, it is most conducive to the preservation of human society that men may provide themselves with necessaries by buying and selling, as stated in _Polit._ i. But the Old Law took away the force of sales; since it prescribes that in the 50th year of the jubilee all that is sold shall return to the vendor (Lev. 25:28). Therefore in this matter the Law gave the people an unfitting command.

Obj. 4: Further, man's needs require that men should be ready to lend: which readiness ceases if the creditors do not return the pledges: hence it is written (Ecclus. 29:10): "Many have refused to lend, not out of wickedness, but they were afraid to be defrauded without cause." And yet this was encouraged by the Law. First, because it prescribed (Deut. 15:2): "He to whom any thing is owing from his friend or neighbor or brother, cannot demand it again, because it is the year of remission of the Lord"; and (Ex. 22:15) it is stated that if a borrowed animal should die while the owner is present, the borrower is not bound to make restitution. Secondly, because the security acquired through the pledge is lost: for it is written (Deut. 24:10): "When thou shalt demand of thy neighbor any thing that he oweth thee, thou shalt not go into his house to take away a pledge"; and again (Deut. 24:12, 13): "The pledge shall not lodge with thee that night, but thou shalt restore it to him presently." Therefore the Law made insufficient provision in the matter of loans.

Obj. 5: Further, considerable risk attaches to goods deposited with a fraudulent depositary: wherefore great caution should be observed in such matters: hence it is stated in 2 Mac. 3:15 that "the priests . . . called upon Him from heaven, Who made the law concerning things given to be kept, that He would preserve them safe, for them that had deposited them." But the precepts of the Old Law observed little caution in regard to deposits: since it is prescribed (Ex. 22:10, 11) that when goods deposited are lost, the owner is to stand by the oath of the depositary. Therefore the Law made unsuitable provision in this matter.

Obj. 6: Further, just as a workman offers his work for hire, so do men let houses and so forth. But there is no need for the tenant to pay his rent as soon as he takes a house. Therefore it seems an unnecessarily hard prescription (Lev. 19:13) that "the wages of him that hath been hired by thee shall not abide with thee until morning."

Obj. 7: Further, since there is often pressing need for a judge, it should be easy to gain access to one. It was therefore unfitting that the Law (Deut. 17:8, 9) should command them to go to a fixed place to ask for judgment on doubtful matters.

Obj. 8: Further, it is possible that not only two, but three or more, should agree to tell a lie. Therefore it is unreasonably stated (Deut. 19:15) that "in the mouth of two or three witnesses every word shall stand."

Objection 9: Further, punishment should be fixed according to the gravity of the fault: for which reason also it is written (Deut. 25:2): "According to the measure of the sin, shall the measure also of the stripes be." Yet the Law fixed unequal punishments for certain faults: for it is written (Ex. 22:1) that the thief "shall restore five oxen for one ox, and four sheep for one sheep." Moreover, certain slight offenses are severely punished: thus (Num. 15:32, seqq.) a man is stoned for gathering sticks on the sabbath day: and (Deut. 21:18, seqq.) the unruly son is commanded to be stoned on account of certain small transgressions, viz. because "he gave himself to revelling . . . and banquetings." Therefore the Law prescribed punishments in an unreasonable manner.

Objection 10: Further, as Augustine says (De Civ. Dei xxi, 11), "Tully writes that the laws recognize eight forms of punishment, indemnity, prison, stripes, retaliation, public disgrace, exile, death, slavery." Now some of these were prescribed by the Law. "Indemnity," as when a thief was condemned to make restitution fivefold or fourfold. "Prison," as when (Num. 15:34) a certain man is ordered to be imprisoned. "Stripes"; thus (Deut. 25:2), "if they see that the offender be worthy of stripes; they shall lay him down, and shall cause him to be beaten before them." "Public disgrace" was brought on to him who refused to take to himself the wife of his deceased brother, for she took "off his shoe from his foot, and" did "spit in his face" (Deut. 25:9). It prescribed the "death" penalty, as is clear from (Lev. 20:9): "He that curseth his father, or mother, dying let him die." The Law also recognized the "lex talionis," by prescribing (Ex. 21:24): "Eye for eye, tooth for tooth." Therefore it seems unreasonable that the Law should not have inflicted the two other punishments, viz. "exile" and "slavery."

Objection 11: Further, no punishment is due except for a fault. But dumb animals cannot commit a fault. Therefore the Law is unreasonable in punishing them (Ex. 21:29): "If the ox . . . shall kill a man or a woman," it "shall be stoned": and (Lev. 20:16): "The woman that shall lie under any beast, shall be killed together with the same." Therefore it seems that matters pertaining to the relations of one man with another were unsuitably regulated by the Law.

Objection 12: Further, the Lord commanded (Ex. 21:12) a murderer to be punished with death. But the death of a dumb animal is reckoned of much less account than the slaying of a man. Hence murder cannot be sufficiently punished by the slaying of a dumb animal. Therefore it is unfittingly prescribed (Deut. 21:1, 4) that "when there shall be found . . . the corpse of a man slain, and it is not known who is guilty of the murder . . . the ancients" of the nearest city "shall take a heifer of the herd, that hath not drawn in the yoke, nor ploughed the ground, and they shall bring her into a rough and stony valley, that never was ploughed, nor sown; and there they shall strike off the head of the heifer."

_On the contrary,_ It is recalled as a special blessing (Ps. 147:20) that "He hath not done in like manner to every nation; and His judgments He hath not made manifest to them."

_I answer that,_ As Augustine says (De Civ. Dei ii, 21), quoting Tully, "a nation is a body of men united together by consent to the law and by community of welfare." Consequently it is of the essence of a nation that the mutual relations of the citizens be ordered by just laws. Now the relations of one man with another are twofold: some are effected under the guidance of those in authority: others are effected by the will of private individuals. And since whatever is subject to the power of an individual can be disposed of according to his will, hence it is that the decision of matters between one man and another, and the punishment of evildoers, depend on the direction of those in authority, to whom men are subject. On the other hand, the power of private persons is exercised over the things they possess: and consequently their dealings with one another, as regards such things, depend on their own will, for instance in buying, selling, giving, and so forth. Now the Law provided sufficiently in respect of each of these relations between one man and another. For it established judges, as is clearly indicated in Deut. 16:18: "Thou shalt appoint judges and magistrates in all its [Vulg.: 'thy'] gates . . . that they may judge the people with just judgment." It is also directed the manner of pronouncing just judgments, according to Deut. 1:16, 17: "Judge that which is just, whether he be one of your own country or a stranger: there shall be no difference of persons." It also removed an occasion of pronouncing unjust judgment, by forbidding judges to accept bribes (Ex. 23:8; Deut. 16:19). It prescribed the number of witnesses, viz. two or three: and it appointed certain punishments to certain crimes, as we shall state farther on (ad 10).

But with regard to possessions, it is a very good thing, says the Philosopher (Polit. ii, 2) that the things possessed should be distinct, and the use thereof should be partly common, and partly granted to others by the will of the possessors. These three points were provided for by the Law. Because, in the first place, the possessions themselves were divided among individuals: for it is written (Num. 33:53, 54): "I have given you" the land "for a possession: and you shall divide it among you by lot." And since many states have been ruined through want of regulations in the matter of possessions, as the Philosopher observes (Polit. ii, 6); therefore the Law provided a threefold remedy against the irregularity of possessions. The first was that they should be divided equally, wherefore it is written (Num. 33:54): "To the more you shall give a larger part, and to the fewer, a lesser." A second remedy was that possessions could not be alienated for ever, but after a certain lapse of time should return to their former owner, so as to avoid confusion of possessions (cf. ad 3). The third remedy aimed at the removal of this confusion, and provided that the dead should be succeeded by their next of kin: in the first place, the son; secondly, the daughter; thirdly, the brother; fourthly, the father's brother; fifthly, any other next of kin. Furthermore, in order to preserve the distinction of property, the Law enacted that heiresses should marry within their own tribe, as recorded in Num. 36:6.

Secondly, the Law commanded that, in some respects, the use of things should belong to all in common. Firstly, as regards the care of them; for it was prescribed (Deut. 22:1-4): "Thou shalt not pass by, if thou seest thy brother's ox or his sheep go astray; but thou shalt bring them back to thy brother," and in like manner as to other things. Secondly, as regards fruits. For all alike were allowed on entering a friend's vineyard to eat of the fruit, but not to take any away. And, specially, with respect to the poor, it was prescribed that the forgotten sheaves, and the bunches of grapes and fruit, should be left behind for them (Lev. 19:9; Deut. 24:19). Moreover, whatever grew in the seventh year was common property, as stated in Ex. 23:11 and Lev. 25:4.

Thirdly, the law recognized the transference of goods by the owner. There was a purely gratuitous transfer: thus it is written (Deut. 14:28, 29): "The third day thou shalt separate another tithe . . . and the Levite . . . and the stranger, and the fatherless, and the widow . . . shall come and shall eat and be filled." And there was a transfer for a consideration, for instance, by selling and buying, by letting out and hiring, by loan and also by deposit, concerning all of which we find that the Law made ample provision. Consequently it is clear that the Old Law provided sufficiently concerning the mutual relations of one man with another.

Reply Obj. 1: As the Apostle says (Rom. 13:8), "he that loveth his neighbor hath fulfilled the Law": because, to wit, all the precepts of the Law, chiefly those concerning our neighbor, seem to aim at the end that men should love one another. Now it is an effect of love that men give their own goods to others: because, as stated in 1 John 3:17: "He that . . . shall see his brother in need, and shall shut up his bowels from him: how doth the charity of God abide in him?" Hence the purpose of the Law was to accustom men to give of their own to others readily: thus the Apostle (1 Tim. 6:18) commands the rich "to give easily and to communicate to others." Now a man does not give easily to others if he will not suffer another man to take some little thing from him without any great injury to him. And so the Law laid down that it should be lawful for a man, on entering his neighbor's vineyard, to eat of the fruit there: but not to carry any away, lest this should lead to the infliction of a grievous harm, and cause a disturbance of the peace: for among well-behaved people, the taking of a little does not disturb the peace; in fact, it rather strengthens friendship and accustoms men to give things to one another.

Reply Obj. 2: The Law did not prescribe that women should succeed to their father's estate except in default of male issue: failing which it was necessary that succession should be granted to the female line in order to comfort the father, who would have been sad to think that his estate would pass to strangers. Nevertheless the Law observed due caution in the matter, by providing that those women who succeeded to their father's estate, should marry within their own tribe, in order to avoid confusion of tribal possessions, as stated in Num. 36:7, 8.

Reply Obj. 3: As the Philosopher says (Polit. ii, 4), the regulation of possessions conduces much to the preservation of a state or nation. Consequently, as he himself observes, it was forbidden by the law in some of the heathen states, "that anyone should sell his possessions, except to avoid a manifest loss." For if possessions were to be sold indiscriminately, they might happen to come into the hands of a few: so that it might become necessary for a state or country to become void of inhabitants. Hence the Old Law, in order to remove this danger, ordered things in such a way that while provision was made for men's needs, by allowing the sale of possessions to avail for a certain period, at the same time the said danger was removed, by prescribing the return of those possessions after that period had elapsed. The reason for this law was to prevent confusion of possessions, and to ensure the continuance of a definite distinction among the tribes.

But as the town houses were not allotted to distinct estates, therefore the Law allowed them to be sold in perpetuity, like movable goods. Because the number of houses in a town was not fixed, whereas there was a fixed limit to the amount of estates, which could not be exceeded, while the number of houses in a town could be increased. On the other hand, houses situated not in a town, but "in a village that hath no walls," could not be sold in perpetuity: because such houses are built merely with a view to the cultivation and care of possessions; wherefore the Law rightly made the same prescription in regard to both (Lev. 25).

Reply Obj. 4: As stated above (ad 1), the purpose of the Law was to accustom men to its precepts, so as to be ready to come to one another's assistance: because this is a very great incentive to friendship. The Law granted these facilities for helping others in the matter not only of gratuitous and absolute donations, but also of mutual transfers: because the latter kind of succor is more frequent and benefits the greater number: and it granted facilities for this purpose in many ways. First of all by prescribing that men should be ready to lend, and that they should not be less inclined to do so as the year of remission drew nigh, as stated in Deut. 15:7, seqq. Secondly, by forbidding them to burden a man to whom they might grant a loan, either by exacting usury, or by accepting necessities of life in security; and by prescribing that when this had been done they should be restored at once. For it is written (Deut. 23:19): "Thou shalt not lend to thy brother money to usury": and (Deut. 24:6): "Thou shalt not take the nether nor the upper millstone to pledge; for he hath pledged his life to thee": and (Ex. 22:26): "If thou take of thy neighbor a garment in pledge, thou shalt give it him again before sunset." Thirdly, by forbidding them to be importunate in exacting payment. Hence it is written (Ex. 22:25): "If thou lend money to any of my people that is poor that dwelleth with thee, thou shalt not be hard upon them as an extortioner." For this reason, too, it is enacted (Deut. 24:10, 11): "When thou shalt demand of thy neighbor anything that he oweth thee, thou shalt not go into his house to take away a pledge, but thou shalt stand without, and he shall bring out to thee what he hath": both because a man's house is his surest refuge, wherefore it is offensive to a man to be set upon in his own house; and because the Law does not allow the creditor to take away whatever he likes in security, but rather permits the debtor to give what he needs least. Fourthly, the Law prescribed that debts should cease together after the lapse of seven years. For it was probable that those who could conveniently pay their debts, would do so before the seventh year, and would not defraud the lender without cause. But if they were altogether insolvent, there was the same reason for remitting the debt from love for them, as there was for renewing the loan on account of their need.

As regards animals granted in loan, the Law enacted that if, through the neglect of the person to whom they were lent, they perished or deteriorated in his absence, he was bound to make restitution. But if they perished or deteriorated while he was present and taking proper care of them, he was not bound to make restitution, especially if they were hired for a consideration: because they might have died or deteriorated in the same way if they had remained in possession of the lender, so that if the animal had been saved through being lent, the lender would have gained something by the loan which would no longer have been gratuitous. And especially was this to be observed when animals were hired for a consideration: because then the owner received a certain price for the use of the animals; wherefore he had no right to any profit, by receiving indemnity for the animal, unless the person who had charge of it were negligent. In the case, however, of animals not hired for a consideration, equity demanded that he should receive something by way of restitution at least to the value of the hire of the animal that had perished or deteriorated.

Reply Obj. 5: The difference between a loan and a deposit is that a loan is in respect of goods transferred for the use of the person to whom they are transferred, whereas a deposit is for the benefit of the depositor. Hence in certain cases there was a stricter obligation of returning a loan than of restoring goods held in deposit. Because the latter might be lost in two ways. First, unavoidably: i.e. either through a natural cause, for instance if an animal held in deposit were to die or depreciate in value; or through an extrinsic cause, for instance, if it were taken by an enemy, or devoured by a beast (in which case, however, a man was bound to restore to the owner what was left of the animal thus slain): whereas in the other cases mentioned above, he was not bound to make restitution; but only to take an oath in order to clear himself of suspicion. Secondly, the goods deposited might be lost through an avoidable cause, for instance by theft: and then the depositary was bound to restitution on account of his neglect. But, as stated above (ad 4), he who held an animal on loan, was bound to restitution, even if he were absent when it depreciated or died: because he was held responsible for less negligence than a depositary, who was only held responsible in case of theft.

Reply Obj. 6: Workmen who offer their labor for hire, are poor men who toil for their daily bread: and therefore the Law commanded wisely that they should be paid at once, lest they should lack food. But they who offer other commodities for hire, are wont to be rich: nor are they in such need of their price in order to gain a livelihood: and consequently the comparison does not hold.

Reply Obj. 7: The purpose for which judges are appointed among men, is that they may decide doubtful points in matters of justice. Now a matter may be doubtful in two ways. First, among simple-minded people: and in order to remove doubts of this kind, it was prescribed (Deut. 16:18) that "judges and magistrates" should be appointed in each tribe, "to judge the people with just judgment." Secondly, a matter may be doubtful even among experts: and therefore, in order to remove doubts of this kind, the Law prescribed that all should foregather in some chief place chosen by God, where there would be both the high-priest, who would decide doubtful matters relating to the ceremonies of divine worship; and the chief judge of the people, who would decide matters relating to the judgments of men: just as even now cases are taken from a lower to a higher court either by appeal or by consultation. Hence it is written (Deut. 17:8, 9): "If thou perceive that there be among you a hard and doubtful matter in judgment . . . and thou see that the words of the judges within thy gates do vary; arise and go up to the place, which the Lord thy God shall choose; and thou shalt come to the priests of the Levitical race, and to the judge that shall be at that time." But such like doubtful matters did not often occur for judgment: wherefore the people were not burdened on this account.

Reply Obj. 8: In the business affairs of men, there is no such thing as demonstrative and infallible proof, and we must be content with a certain conjectural probability, such as that which an orator employs to persuade. Consequently, although it is quite possible for two or three witnesses to agree to a falsehood, yet it is neither easy nor probable that they succeed in so doing: wherefore their testimony is taken as being true, especially if they do not waver in giving it, or are not otherwise suspect. Moreover, in order that witnesses might not easily depart from the truth, the Law commanded that they should be most carefully examined, and that those who were found untruthful should be severely punished, as stated in Deut. 19:16, seqq.

There was, however, a reason for fixing on this particular number, in token of the unerring truth of the Divine Persons, Who are sometimes mentioned as two, because the Holy Ghost is the bond of the other two Persons; and sometimes as three: as Augustine observes on John 8:17: "In your law it is written that the testimony of two men is true."

Reply Obj. 9: A severe punishment is inflicted not only on account of the gravity of a fault, but also for other reasons. First, on account of the greatness of the sin, because a greater sin, other things being equal, deserves a greater punishment. Secondly, on account of a habitual sin, since men are not easily cured of habitual sin except by severe punishments. Thirdly, on account of a great desire for or a great pleasure in the sin: for men are not easily deterred from such sins unless they be severely punished. Fourthly, on account of the facility of committing a sin and of concealing it: for such like sins, when discovered, should be more severely punished in order to deter others from committing them.

Again, with regard to the greatness of a sin, four degrees may be observed, even in respect of one single deed. The first is when a sin is committed unwillingly; because then, if the sin be altogether involuntary, man is altogether excused from punishment; for it is written (Deut. 22:25, seqq.) that a damsel who suffers violence in a field is not guilty of death, because "she cried, and there was no man to help her." But if a man sinned in any way voluntarily, and yet through weakness, as for instance when a man sins from passion, the sin is diminished: and the punishment, according to true judgment, should be diminished also; unless perchance the common weal requires that the sin be severely punished in order to deter others from committing such sins, as stated above. The second degree is when a man sins through ignorance: and then he was held to be guilty to a certain extent, on account of his negligence in acquiring knowledge: yet he was not punished by the judges but expiated his sin by sacrifices. Hence it is written (Lev. 4:2): "The soul that sinneth through ignorance," etc. This is, however, to be taken as applying to ignorance of fact; and not to ignorance of the Divine precept, which all were bound to know. The third degree was when a man sinned from pride, i.e. through deliberate choice or malice: and then he was punished according to the greatness of the sin [*Cf. Deut. 25:2]. The fourth degree was when a man sinned from stubbornness or obstinacy: and then he was to be utterly cut off as a rebel and a destroyer of the commandment of the Law [*Cf. Num. 15:30, 31].

Accordingly we must say that, in appointing the punishment for theft, the Law considered what would be likely to happen most frequently (Ex. 22:1-9): wherefore, as regards theft of other things which can easily be safeguarded from a thief, the thief restored only twice their value. But sheep cannot be easily safeguarded from a thief, because they graze in the fields: wherefore it happened more frequently that sheep were stolen in the fields. Consequently the Law inflicted a heavier penalty, by ordering four sheep to be restored for the theft of one. As to cattle, they were yet more difficult to safeguard, because they are kept in the fields, and do not graze in flocks as sheep do; wherefore a yet more heavy penalty was inflicted in their regard, so that five oxen were to be restored for one ox. And this I say, unless perchance the animal itself were discovered in the thief's possession: because in that case he had to restore only twice the number, as in the case of other thefts: for there was reason to presume that he intended to restore the animal, since he kept it alive. Again, we might say, according to a gloss, that "a cow is useful in five ways: it may be used for sacrifice, for ploughing, for food, for milk, and its hide is employed for various purposes": and therefore for one cow five had to be restored. But the sheep was useful in four ways: "for sacrifice, for meat, for milk, and for its wool." The unruly son was slain, not because he ate and drank: but on account of his stubbornness and rebellion, which was always punished by death, as stated above. As to the man who gathered sticks on the sabbath, he was stoned as a breaker of the Law, which commanded the sabbath to be observed, to testify the belief in the newness of the world, as stated above (Q. 100, A. 5): wherefore he was slain as an unbeliever.

Reply Obj. 10: The Old Law inflicted the death penalty for the more grievous crimes, viz. for those which are committed against God, and for murder, for stealing a man, irreverence towards one's parents, adultery and incest. In the case of thief of other things it inflicted punishment by indemnification: while in the case of blows and mutilation it authorized punishment by retaliation; and likewise for the sin of bearing false witness. In other faults of less degree it prescribed the punishment of stripes or of public disgrace.

The punishment of slavery was prescribed by the Law in two cases. First, in the case of a slave who was unwilling to avail himself of the privilege granted by the Law, whereby he was free to depart in the seventh year of remission: wherefore he was punished by remaining a slave for ever. Secondly, in the case of a thief, who had not wherewith to make restitution, as stated in Ex. 22:3.

The punishment of absolute exile was not prescribed by the Law: because God was worshipped by that people alone, whereas all other nations were given to idolatry: wherefore if any man were exiled from that people absolutely, he would be in danger of falling into idolatry. For this reason it is related (1 Kings 26:19) that David said to Saul: "They are cursed in the sight of the Lord, who have cast me out this day, that I should not dwell in the inheritance of the Lord, saying: Go, serve strange gods." There was, however, a restricted sort of exile: for it is written in Deut. 19:4 [*Cf. Num. 35:25] that "he that striketh [Vulg.: 'killeth'] his neighbor ignorantly, and is proved to have had no hatred against him, shall flee to one of the cities" of refuge and "abide there until the death of the high-priest." For then it became lawful for him to return home, because when the whole people thus suffered a loss they forgot their private quarrels, so that the next of kin of the slain were not so eager to kill the slayer.

Reply Obj. 11: Dumb animals were ordered to be slain, not on account of any fault of theirs; but as a punishment to their owners, who had not safeguarded their beasts from these offenses. Hence the owner was more severely punished if his ox had butted anyone "yesterday or the day before" (in which case steps might have been taken to avoid the danger) than if it had taken to butting suddenly.--Or again, the animal was slain in detestation of the sin; and lest men should be horrified at the sight thereof.

Reply Obj. 12: The literal reason for this commandment, as Rabbi Moses declares (Doct. Perplex. iii), was because the slayer was frequently from the nearest city: wherefore the slaying of the calf was a means of investigating the hidden murder. This was brought about in three ways. In the first place the elders of the city swore that they had taken every measure for safeguarding the roads. Secondly, the owner of the heifer was indemnified for the slaying of his beast, and if the murder was previously discovered, the beast was not slain. Thirdly, the place, where the heifer was slain, remained uncultivated. Wherefore, in order to avoid this twofold loss, the men of the city would readily make known the murderer, if they knew who he was: and it would seldom happen but that some word or sign would escape about the matter. Or again, this was done in order to frighten people, in detestation of murder. Because the slaying of a heifer, which is a useful animal and full of strength, especially before it has been put under the yoke, signified that whoever committed murder, however useful and strong he might be, was to forfeit his life; and that, by a cruel death, which was implied by the striking off of its head; and that the murderer, as vile and abject, was to be cut off from the fellowship of men, which was betokened by the fact that the heifer after being slain was left to rot in a rough and uncultivated place.

Mystically, the heifer taken from the herd signifies the flesh of Christ; which had not drawn a yoke, since it had done no sin; nor did it plough the ground, i.e. it never knew the stain of revolt. The fact of the heifer being killed in an uncultivated valley signified the despised death of Christ, whereby all sins are washed away, and the devil is shown to be the arch-murderer. ________________________

THIRD

[II-II, Q. 60, Art. 2]

Whether It Is Lawful to Judge?

Objection 1: It would seem unlawful to judge. For nothing is punished except what is unlawful. Now those who judge are threatened with punishment, which those who judge not will escape, according to Matt. 7:1, "Judge not, and ye shall not be judged." Therefore it is unlawful to judge.

Obj. 2: Further, it is written (Rom. 14:4): "Who art thou that judgest another man's servant[?] To his own lord he standeth or falleth." Now God is the Lord of all. Therefore to no man is it lawful to judge.

Obj. 3: Further, no man is sinless, according to 1 John 1:8, "If we say that we have no sin, we deceive ourselves." Now it is unlawful for a sinner to judge, according to Rom. 2:1, "Thou art inexcusable, O man, whosoever thou art, that judgest; for wherein thou judgest another, thou condemnest thyself, for thou dost the same things which thou judgest." Therefore to no man is it lawful to judge.

_On the contrary,_ It is written (Deut. 16:18): "Thou shalt appoint judges and magistrates in all thy gates . . . that they may judge the people with just judgment."

_I answer that,_ Judgment is lawful in so far as it is an act of justice. Now it follows from what has been stated above (A. 1, ad 1, 3) that three conditions are requisite for a judgment to be an act of justice: first, that it proceed from the inclination of justice; secondly, that it come from one who is in authority; thirdly, that it be pronounced according to the right ruling of prudence. If any one of these be lacking, the judgment will be faulty and unlawful. First, when it is contrary to the rectitude of justice, and then it is called "perverted" or "unjust": secondly, when a man judges about matters wherein he has no authority, and this is called judgment "by usurpation": thirdly, when the reason lacks certainty, as when a man, without any solid motive, forms a judgment on some doubtful or hidden matter, and then it is called judgment by "suspicion" or "rash" judgment.

Reply Obj. 1: In these words our Lord forbids rash judgment which is about the inward intention, or other uncertain things, as Augustine states (De Serm. Dom. in Monte ii, 18). Or else He forbids judgment about Divine things, which we ought not to judge, but simply believe, since they are above us, as Hilary declares in his commentary on Matt. 5. Or again according to Chrysostom [*Hom. xvii in Matth. in the Opus Imperfectum falsely ascribed to St. John Chrysostom], He forbids the judgment which proceeds not from benevolence but from bitterness of heart.

Reply Obj. 2: A judge is appointed as God's servant; wherefore it is written (Deut. 1:16): "Judge that which is just," and further on (Deut. 1:17), "because it is the judgment of God."

Reply Obj. 3: Those who stand guilty of grievous sins should not judge those who are guilty of the same or lesser sins, as Chrysostom [*Hom. xxiv] says on the words of Matt. 7:1, "Judge not." Above all does this hold when such sins are public, because there would be an occasion of scandal arising in the hearts of others. If however they are not public but hidden, and there be an urgent necessity for the judge to pronounce judgment, because it is his duty, he can reprove or judge with humility and fear. Hence Augustine says (De Serm. Dom. in Monte ii, 19): "If we find that we are guilty of the same sin as another man, we should groan together with him, and invite him to strive against it together with us." And yet it is not through acting thus that a man condemns himself so as to deserve to be condemned once again, but when, in condemning another, he shows himself to be equally deserving of condemnation on account of another or a like sin. _______________________

THIRD

[III, Q. 59, Art. 2]

Whether Judiciary Power Belongs to Christ As Man?

Objection 1: It would seem that judiciary power does not belong to Christ as man. For Augustine says (De Vera Relig. xxxi) that judgment is attributed to the Son inasmuch as He is the law of the first truth. But this is Christ's attribute as God. Consequently, judiciary power does not belong to Christ as man but as God.

Obj. 2: Further, it belongs to judiciary power to reward the good, just as to punish the wicked. But eternal beatitude, which is the reward of good works, is bestowed by God alone: thus Augustine says (Tract. xxiii super Joan.) that "the soul is made blessed by participation of God, and not by participation of a holy soul." Therefore it seems that judiciary power does not belong to Christ as man, but as God.

Obj. 3: Further, it belongs to Christ's judiciary power to judge secrets of hearts, according to 1 Cor. 4:5: "Judge not before the time; until the Lord come, who both will bring to light the hidden things of darkness, and will make manifest the counsels of the hearts." But this belongs exclusively to the Divine power, according to Jer. 17:9, 10: "The heart of man is perverse and unsearchable, who can know it? I am the Lord who search the heart, and prove the reins: who give to every one according to his way." Therefore judiciary power does not belong to Christ as man but as God.

_On the contrary,_ It is said (John 5:27): "He hath given Him power to do judgment, because He is the Son of man."

_I answer that,_ Chrysostom (Hom. xxxix in Joan.) seems to think that judiciary power belongs to Christ not as man, but only as God. Accordingly he thus explains the passage just quoted from John: "'He gave Him power to do judgment, because He is the Son of man: wonder not at this.' For He received judiciary power, not because He is man; but because He is the Son of the ineffable God, therefore is He judge. But since the expressions used were greater than those appertaining to man, He said in explanation: 'Wonder not at this, because He is the Son of man, for He is likewise the Son of God.'" And he proves this by the effect of the Resurrection: wherefore He adds: "Because the hour cometh when the dead in their graves shall hear the voice of the Son of God."

But it must be observed that although the primary authority of judging rests with God, nevertheless the power to judge is committed to men with regard to those subject to their jurisdiction. Hence it is written (Deut. 1:16): "Judge that which is just"; and further on (Deut. 1:17): "Because it is the judgment of God," that is to say, it is by His authority that you judge. Now it was said before (Q. 8, AA. 1, 4) that Christ even in His human nature is Head of the entire Church, and that God has "put all things under His feet." Consequently, it belongs to Him, even according to His human nature, to exercise judiciary power. On this account, it seems that the authority of Scripture quoted above must be interpreted thus: "He gave Him power to do judgment, because He is the Son of Man"; not on account of the condition of His nature, for thus all men would have this kind of power, as Chrysostom objects (Hom. xxxix in Joan.); but because this belongs to the grace of the Head, which Christ received in His human nature.

Now judiciary power belongs to Christ in this way according to His human nature on three accounts. First, because of His likeness and kinship with men; for, as God works through intermediary causes, as being closer to the effects, so He judges men through the Man Christ, that His judgment may be sweeter to men. Hence (Heb. 4:15) the Apostle says: "For we have not a high-priest, who cannot have compassion on our infirmities; but one tempted in all things like as we are, without sin. Let us go therefore with confidence to the throne of His grace." Secondly, because at the last judgment, as Augustine says (Tract. xix in Joan.), "there will be a resurrection of dead bodies, which God will raise up through the Son of Man"; just as by "the same Christ He raises souls," inasmuch as "He is the Son of God." Thirdly, because, as Augustine observes (De Verb. Dom., Serm. cxxvii): "It was but right that those who were to be judged should see their judge. But those to be judged were the good and the bad. It follows that the form of a servant should be shown in the judgment to both good and wicked, while the form of God should be kept for the good alone."

Reply Obj. 1: Judgment belongs to truth as its standard, while it belongs to the man imbued with truth, according as he is as it were one with truth, as a kind of law and "living justice" [*Aristotle, _Ethic._ v]. Hence Augustine quotes (De Verb. Dom., Serm. cxxvii) the saying of 1 Cor. 2:15: "The spiritual man judgeth all things." But beyond all creatures Christ's soul was more closely united with truth, and more full of truth; according to John 1:14: "We saw Him . . . full of grace and truth." And according to this it belongs principally to the soul of Christ to judge all things.

Reply Obj. 2: It belongs to God alone to bestow beatitude upon souls by a participation with Himself; but it is Christ's prerogative to bring them to such beatitude, inasmuch as He is their Head and the author of their salvation, according to Heb. 2:10: "Who had brought many children into glory, to perfect the author of their salvation by His Passion."

Reply Obj. 3: To know and judge the secrets of hearts, of itself belongs to God alone; but from the overflow of the Godhead into Christ's soul it belongs to Him also to know and to judge the secrets of hearts, as we stated above (Q. 10, A. 2), when dealing with the knowledge of Christ. Hence it is written (Rom. 2:16): "In the day when God shall judge the secrets of men by Jesus Christ." _______________________

THIRD

[I-II, Q. 97, Art. 4]

Whether the Rulers of the People Can Dispense from Human Laws?

Objection 1: It would seem that the rulers of the people cannot dispense from human laws. For the law is established for the "common weal," as Isidore says (Etym. v, 21). But the common good should not be set aside for the private convenience of an individual: because, as the Philosopher says (Ethic. i, 2), "the good of the nation is more godlike than the good of one man." Therefore it seems that a man should not be dispensed from acting in compliance with the general law.

Obj. 2: Further, those who are placed over others are commanded as follows (Deut. 1:17): "You shall hear the little as well as the great; neither shall you respect any man's person, because it is the judgment of God." But to allow one man to do that which is equally forbidden to all, seems to be respect of persons. Therefore the rulers of a community cannot grant such dispensations, since this is against a precept of the Divine law.

Obj. 3: Further, human law, in order to be just, should accord with the natural and Divine laws: else it would not "foster religion," nor be "helpful to discipline," which is requisite to the nature of law, as laid down by Isidore (Etym. v, 3). But no man can dispense from the Divine and natural laws. Neither, therefore, can he dispense from the human law.

_On the contrary,_ The Apostle says (1 Cor. 9:17): "A dispensation is committed to me."

_I answer that,_ Dispensation, properly speaking, denotes a measuring out to individuals of some common goods: thus the head of a household is called a dispenser, because to each member of the household he distributes work and necessaries of life in due weight and measure. Accordingly in every community a man is said to dispense, from the very fact that he directs how some general precept is to be fulfilled by each individual. Now it happens at times that a precept, which is conducive to the common weal as a general rule, is not good for a particular individual, or in some particular case, either because it would hinder some greater good, or because it would be the occasion of some evil, as explained above (Q. 96, A. 6). But it would be dangerous to leave this to the discretion of each individual, except perhaps by reason of an evident and sudden emergency, as stated above (Q. 96, A. 6). Consequently he who is placed over a community is empowered to dispense in a human law that rests upon his authority, so that, when the law fails in its application to persons or circumstances, he may allow the precept of the law not to be observed. If however he grant this permission without any such reason, and of his mere will, he will be an unfaithful or an imprudent dispenser: unfaithful, if he has not the common good in view; imprudent, if he ignores the reasons for granting dispensations. Hence Our Lord says (Luke 12:42): "Who, thinkest thou, is the faithful and wise dispenser [Douay: steward], whom his lord setteth over his family?"

Reply Obj. 1: When a person is dispensed from observing the general law, this should not be done to the prejudice of, but with the intention of benefiting, the common good.

Reply Obj. 2: It is not respect of persons if unequal measures are served out to those who are themselves unequal. Wherefore when the condition of any person requires that he should reasonably receive special treatment, it is not respect of persons if he be the object of special favor.

Reply Obj. 3: Natural law, so far as it contains general precepts, which never fail, does not allow of dispensations. In other precepts, however, which are as conclusions of the general precepts, man sometimes grants a dispensation: for instance, that a loan should not be paid back to the betrayer of his country, or something similar. But to the Divine law each man stands as a private person to the public law to which he is subject. Wherefore just as none can dispense from public human law, except the man from whom the law derives its authority, or his delegate; so, in the precepts of the Divine law, which are from God, none can dispense but God, or the man to whom He may give special power for that purpose. ________________________

[II-II, Q. 11, Art. 4]

Whether the Church Should Receive Those Who Return from Heresy?

Objection 1: It would seem that the Church ought in all cases to receive those who return from heresy. For it is written (Jer. 3:1) in the person of the Lord: "Thou hast prostituted thyself to many lovers; nevertheless return to Me saith the Lord." Now the sentence of the Church is God's sentence, according to Deut. 1:17: "You shall hear the little as well as the great: neither shall you respect any man's person, because it is the judgment of God." Therefore even those who are guilty of the prostitution of unbelief which is spiritual prostitution, should be received all the same.

Obj. 2: Further, Our Lord commanded Peter (Matt. 18:22) to forgive his offending brother "not" only "till seven times, but till seventy times seven times," which Jerome expounds as meaning that "a man should be forgiven, as often as he has sinned." Therefore he ought to be received by the Church as often as he has sinned by falling back into heresy.

Obj. 3: Further, heresy is a kind of unbelief. Now other unbelievers who wish to be converted are received by the Church. Therefore heretics also should be received.

_On the contrary,_ The Decretal Ad abolendam (De Haereticis, cap. ix) says that "those who are found to have relapsed into the error which they had already abjured, must be left to the secular tribunal." Therefore they should not be received by the Church.

_I answer that,_ In obedience to Our Lord's institution, the Church extends her charity to all, not only to friends, but also to foes who persecute her, according to Matt. 5:44: "Love your enemies; do good to them that hate you." Now it is part of charity that we should both wish and work our neighbor's good. Again, good is twofold: one is spiritual, namely the health of the soul, which good is chiefly the object of charity, since it is this chiefly that we should wish for one another. Consequently, from this point of view, heretics who return after falling no matter how often, are admitted by the Church to Penance whereby the way of salvation is opened to them.

The other good is that which charity considers secondarily, viz. temporal good, such as life of the body, worldly possessions, good repute, ecclesiastical or secular dignity, for we are not bound by charity to wish others this good, except in relation to the eternal salvation of them and of others. Hence if the presence of one of these goods in one individual might be an obstacle to eternal salvation in many, we are not bound out of charity to wish such a good to that person, rather should we desire him to be without it, both because eternal salvation takes precedence of temporal good, and because the good of the many is to be preferred to the good of one. Now if heretics were always received on their return, in order to save their lives and other temporal goods, this might be prejudicial to the salvation of others, both because they would infect others if they relapsed again, and because, if they escaped without punishment, others would feel more assured in lapsing into heresy. For it is written (Eccles. 8:11): "For because sentence is not speedily pronounced against the evil, the children of men commit evils without any fear."

For this reason the Church not only admits to Penance those who return from heresy for the first time, but also safeguards their lives, and sometimes by dispensation, restores them to the ecclesiastical dignities which they may have had before, should their conversion appear to be sincere: we read of this as having frequently been done for the good of peace. But when they fall again, after having been received, this seems to prove them to be inconstant in faith, wherefore when they return again, they are admitted to Penance, but are not delivered from the pain of death.

Reply Obj. 1: In God's tribunal, those who return are always received, because God is a searcher of hearts, and knows those who return in sincerity. But the Church cannot imitate God in this, for she presumes that those who relapse after being once received, are not sincere in their return; hence she does not debar them from the way of salvation, but neither does she protect them from the sentence of death.

Reply Obj. 2: Our Lord was speaking to Peter of sins committed against oneself, for one should always forgive such offenses and spare our brother when he repents. These words are not to be applied to sins committed against one's neighbor or against God, for it is not left to our discretion to forgive such offenses, as Jerome says on Matt. 18:15, "If thy brother shall offend against thee." Yet even in this matter the law prescribes limits according as God's honor or our neighbor's good demands.

Reply Obj. 3: When other unbelievers, who have never received the faith are converted, they do not as yet show signs of inconstancy in faith, as relapsed heretics do; hence the comparison fails. _______________________

[II-II, Q. 60, Art. 2]

Whether It Is Lawful to Judge?

Objection 1: It would seem unlawful to judge. For nothing is punished except what is unlawful. Now those who judge are threatened with punishment, which those who judge not will escape, according to Matt. 7:1, "Judge not, and ye shall not be judged." Therefore it is unlawful to judge.

Obj. 2: Further, it is written (Rom. 14:4): "Who art thou that judgest another man's servant[?] To his own lord he standeth or falleth." Now God is the Lord of all. Therefore to no man is it lawful to judge.

Obj. 3: Further, no man is sinless, according to 1 John 1:8, "If we say that we have no sin, we deceive ourselves." Now it is unlawful for a sinner to judge, according to Rom. 2:1, "Thou art inexcusable, O man, whosoever thou art, that judgest; for wherein thou judgest another, thou condemnest thyself, for thou dost the same things which thou judgest." Therefore to no man is it lawful to judge.

_On the contrary,_ It is written (Deut. 16:18): "Thou shalt appoint judges and magistrates in all thy gates . . . that they may judge the people with just judgment."

_I answer that,_ Judgment is lawful in so far as it is an act of justice. Now it follows from what has been stated above (A. 1, ad 1, 3) that three conditions are requisite for a judgment to be an act of justice: first, that it proceed from the inclination of justice; secondly, that it come from one who is in authority; thirdly, that it be pronounced according to the right ruling of prudence. If any one of these be lacking, the judgment will be faulty and unlawful. First, when it is contrary to the rectitude of justice, and then it is called "perverted" or "unjust": secondly, when a man judges about matters wherein he has no authority, and this is called judgment "by usurpation": thirdly, when the reason lacks certainty, as when a man, without any solid motive, forms a judgment on some doubtful or hidden matter, and then it is called judgment by "suspicion" or "rash" judgment.

Reply Obj. 1: In these words our Lord forbids rash judgment which is about the inward intention, or other uncertain things, as Augustine states (De Serm. Dom. in Monte ii, 18). Or else He forbids judgment about Divine things, which we ought not to judge, but simply believe, since they are above us, as Hilary declares in his commentary on Matt. 5. Or again according to Chrysostom [*Hom. xvii in Matth. in the Opus Imperfectum falsely ascribed to St. John Chrysostom], He forbids the judgment which proceeds not from benevolence but from bitterness of heart.

Reply Obj. 2: A judge is appointed as God's servant; wherefore it is written (Deut. 1:16): "Judge that which is just," and further on (Deut. 1:17), "because it is the judgment of God."

Reply Obj. 3: Those who stand guilty of grievous sins should not judge those who are guilty of the same or lesser sins, as Chrysostom [*Hom. xxiv] says on the words of Matt. 7:1, "Judge not." Above all does this hold when such sins are public, because there would be an occasion of scandal arising in the hearts of others. If however they are not public but hidden, and there be an urgent necessity for the judge to pronounce judgment, because it is his duty, he can reprove or judge with humility and fear. Hence Augustine says (De Serm. Dom. in Monte ii, 19): "If we find that we are guilty of the same sin as another man, we should groan together with him, and invite him to strive against it together with us." And yet it is not through acting thus that a man condemns himself so as to deserve to be condemned once again, but when, in condemning another, he shows himself to be equally deserving of condemnation on account of another or a like sin. _______________________

THIRD

[II-II, Q. 63, Art. 1]

Whether Respect of Persons Is a Sin?

Objection 1: It would seem that respect of persons is not a sin. For the word "person" includes a reference to personal dignity [*Cf. I, Q. 29, A. 3, ad 2]. Now it belongs to distributive justice to consider personal dignity. Therefore respect of persons is not a sin.

Obj. 2: Further, in human affairs persons are of more importance than things, since things are for the benefit of persons and not conversely. But respect of things is not a sin. Much less, therefore, is respect of persons.

Obj. 3: Further, no injustice or sin can be in God. Yet God seems to respect persons, since of two men circumstanced alike He sometimes upraises one by grace, and leaves the other in sin, according to Matt. 24:40: "Two shall be in a bed [Vulg.: 'field'] [*'Bed' is the reading of Luke 17:34], one shall be taken, and one shall be left." Therefore respect of persons is not a sin.

_On the contrary,_ Nothing but sin is forbidden in the Divine law. Now respect of persons is forbidden, Deut. 1:17: "Neither shall you respect any man's person." Therefore respect of persons is a sin.

_I answer that,_ Respect of persons is opposed to distributive justice. For the equality of distributive justice consists in allotting various things to various persons in proportion to their personal dignity. Accordingly, if one considers that personal property by reason of which the thing allotted to a particular person is due to him, this is respect not of the person but of the cause. Hence a gloss on Eph. 6:9, "There is no respect of persons with God [Vulg.: 'Him']," says that "a just judge regards causes, not persons." For instance if you promote a man to a professorship on account of his having sufficient knowledge, you consider the due cause, not the person; but if, in conferring something on someone, you consider in him not the fact that what you give him is proportionate or due to him, but the fact that he is this particular man (e.g. Peter or Martin), then there is respect of the person, since you give him something not for some cause that renders him worthy of it, but simply because he is this person. And any circumstance that does not amount to a reason why this man be worthy of this gift, is to be referred to his person: for instance if a man promote someone to a prelacy or a professorship, because he is rich or because he is a relative of his, it is respect of persons. It may happen, however, that a circumstance of person makes a man worthy as regards one thing, but not as regards another: thus consanguinity makes a man worthy to be appointed heir to an estate, but not to be chosen for a position of ecclesiastical authority: wherefore consideration of the same circumstance of person will amount to respect of persons in one matter and not in another. It follows, accordingly, that respect of persons is opposed to distributive justice in that it fails to observe due proportion. Now nothing but sin is opposed to virtue: and therefore respect of persons is a sin.

Reply Obj. 1: In distributive justice we consider those circumstances of a person which result in dignity or right, whereas in respect of persons we consider circumstances that do not so result.

Reply Obj. 2: Persons are rendered proportionate to and worthy of things which are distributed among them, by reason of certain things pertaining to circumstances of person, wherefore such conditions ought to be considered as the proper cause. But when we consider the persons themselves, that which is not a cause is considered as though it were; and so it is clear that although persons are more worthy, absolutely speaking, yet they are not more worthy in this regard.

Reply Obj. 3: There is a twofold giving. One belongs to justice, and occurs when we give a man his due: in such like givings respect of persons takes place. The other giving belongs to liberality, when one gives gratis that which is not a man's due: such is the bestowal of the gifts of grace, whereby sinners are chosen by God. In such a giving there is no place for respect of persons, because anyone may, without injustice, give of his own as much as he will, and to whom he will, according to Matt. 20:14, 15, "Is it not lawful for me to do what I will? . . . Take what is thine, and go thy way." _______________________

SECOND

[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. 3: Further, the reason why evidence is required in a court of law, is that the judge may have a faithful record of the truth of the matter, wherefore in matters of common knowledge there is no need of judicial procedure, according to 1 Tim. 5:24, "Some men's sins are manifest, going before to judgment." Consequently, if the judge by his personal knowledge is aware of the truth, he should pay no heed to the evidence, but should pronounce sentence according to the truth which he knows.

Obj. 4: Further, the word "conscience" denotes application of knowledge to a matter of action as stated in the First Part (Q. 79, A. 13). Now it is a sin to act contrary to one's knowledge. Therefore a judge sins if he pronounces sentence according to the evidence but against his conscience of the truth.

_On the contrary,_ Augustine [*Ambrose, Super Ps. 118, serm. 20] says in his commentary on the Psalter: "A good judge does nothing according to his private opinion but pronounces sentence according to the law and the right." Now this is to pronounce judgment according to what is alleged and proved in court. Therefore a judge ought to pronounce judgment in accordance with these things, and not according to his private opinion.

_I answer that,_ As stated above (A. 1; Q. 60, AA. 2, 6) it is the duty of a judge to pronounce judgment in as much as he exercises public authority, wherefore his judgment should be based on information acquired by him, not from his knowledge as a private individual, but from what he knows as a public person. Now the latter knowledge comes to him both in general and in particular--in general through the public laws, whether Divine or human, and he should admit no evidence that conflicts therewith--in some particular matter, through documents and witnesses, and other legal means of information, which in pronouncing his sentence, he ought to follow rather than the information he has acquired as a private individual. And yet this same information may be of use to him, so that he can more rigorously sift the evidence brought forward, and discover its weak points. If, however, he is unable to reject that evidence juridically, he must, as stated above, follow it in pronouncing sentence.

Reply Obj. 1: The reason why, in the passage quoted, it is stated that the judges should first of all be asked their reasons, is to make it clear that the judges ought to judge the truth in accordance with the evidence.

Reply Obj. 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. _______________________

THIRD

[III, Q. 59, Art. 2]

Whether Judiciary Power Belongs to Christ As Man?

Objection 1: It would seem that judiciary power does not belong to Christ as man. For Augustine says (De Vera Relig. xxxi) that judgment is attributed to the Son inasmuch as He is the law of the first truth. But this is Christ's attribute as God. Consequently, judiciary power does not belong to Christ as man but as God.

Obj. 2: Further, it belongs to judiciary power to reward the good, just as to punish the wicked. But eternal beatitude, which is the reward of good works, is bestowed by God alone: thus Augustine says (Tract. xxiii super Joan.) that "the soul is made blessed by participation of God, and not by participation of a holy soul." Therefore it seems that judiciary power does not belong to Christ as man, but as God.

Obj. 3: Further, it belongs to Christ's judiciary power to judge secrets of hearts, according to 1 Cor. 4:5: "Judge not before the time; until the Lord come, who both will bring to light the hidden things of darkness, and will make manifest the counsels of the hearts." But this belongs exclusively to the Divine power, according to Jer. 17:9, 10: "The heart of man is perverse and unsearchable, who can know it? I am the Lord who search the heart, and prove the reins: who give to every one according to his way." Therefore judiciary power does not belong to Christ as man but as God.

_On the contrary,_ It is said (John 5:27): "He hath given Him power to do judgment, because He is the Son of man."

_I answer that,_ Chrysostom (Hom. xxxix in Joan.) seems to think that judiciary power belongs to Christ not as man, but only as God. Accordingly he thus explains the passage just quoted from John: "'He gave Him power to do judgment, because He is the Son of man: wonder not at this.' For He received judiciary power, not because He is man; but because He is the Son of the ineffable God, therefore is He judge. But since the expressions used were greater than those appertaining to man, He said in explanation: 'Wonder not at this, because He is the Son of man, for He is likewise the Son of God.'" And he proves this by the effect of the Resurrection: wherefore He adds: "Because the hour cometh when the dead in their graves shall hear the voice of the Son of God."

But it must be observed that although the primary authority of judging rests with God, nevertheless the power to judge is committed to men with regard to those subject to their jurisdiction. Hence it is written (Deut. 1:16): "Judge that which is just"; and further on (Deut. 1:17): "Because it is the judgment of God," that is to say, it is by His authority that you judge. Now it was said before (Q. 8, AA. 1, 4) that Christ even in His human nature is Head of the entire Church, and that God has "put all things under His feet." Consequently, it belongs to Him, even according to His human nature, to exercise judiciary power. On this account, it seems that the authority of Scripture quoted above must be interpreted thus: "He gave Him power to do judgment, because He is the Son of Man"; not on account of the condition of His nature, for thus all men would have this kind of power, as Chrysostom objects (Hom. xxxix in Joan.); but because this belongs to the grace of the Head, which Christ received in His human nature.

Now judiciary power belongs to Christ in this way according to His human nature on three accounts. First, because of His likeness and kinship with men; for, as God works through intermediary causes, as being closer to the effects, so He judges men through the Man Christ, that His judgment may be sweeter to men. Hence (Heb. 4:15) the Apostle says: "For we have not a high-priest, who cannot have compassion on our infirmities; but one tempted in all things like as we are, without sin. Let us go therefore with confidence to the throne of His grace." Secondly, because at the last judgment, as Augustine says (Tract. xix in Joan.), "there will be a resurrection of dead bodies, which God will raise up through the Son of Man"; just as by "the same Christ He raises souls," inasmuch as "He is the Son of God." Thirdly, because, as Augustine observes (De Verb. Dom., Serm. cxxvii): "It was but right that those who were to be judged should see their judge. But those to be judged were the good and the bad. It follows that the form of a servant should be shown in the judgment to both good and wicked, while the form of God should be kept for the good alone."

Reply Obj. 1: Judgment belongs to truth as its standard, while it belongs to the man imbued with truth, according as he is as it were one with truth, as a kind of law and "living justice" [*Aristotle, _Ethic._ v]. Hence Augustine quotes (De Verb. Dom., Serm. cxxvii) the saying of 1 Cor. 2:15: "The spiritual man judgeth all things." But beyond all creatures Christ's soul was more closely united with truth, and more full of truth; according to John 1:14: "We saw Him . . . full of grace and truth." And according to this it belongs principally to the soul of Christ to judge all things.

Reply Obj. 2: It belongs to God alone to bestow beatitude upon souls by a participation with Himself; but it is Christ's prerogative to bring them to such beatitude, inasmuch as He is their Head and the author of their salvation, according to Heb. 2:10: "Who had brought many children into glory, to perfect the author of their salvation by His Passion."

Reply Obj. 3: To know and judge the secrets of hearts, of itself belongs to God alone; but from the overflow of the Godhead into Christ's soul it belongs to Him also to know and to judge the secrets of hearts, as we stated above (Q. 10, A. 2), when dealing with the knowledge of Christ. Hence it is written (Rom. 2:16): "In the day when God shall judge the secrets of men by Jesus Christ." _______________________

THIRD