FIRST ARTICLE [II-II, Q. 67, Art. 1]

Whether a Man Can Justly Judge One Who Is Not Subject to His

Jurisdiction?

Objection 1: It would seem that a man can justly judge one who is not

subject to his jurisdiction. For it is stated (Dan. 13) that Daniel

sentenced the ancients who were convicted of bearing false witness.

But these ancients were not subject to Daniel; indeed they were

judges of the people. Therefore a man may lawfully judge one that is

not subject to his jurisdiction.

Obj. 2: Further, Christ was no man's subject, indeed He was "King of

kings and Lord of lords" (Apoc. 19:16). Yet He submitted to the

judgment of a man. Therefore it seems that a man may lawfully judge

one that is not subject to his jurisdiction.

Obj. 3: Further, according to the law [*Cap. Licet ratione, de Foro

Comp.] a man is tried in this or that court according to his kind of

offense. Now sometimes the defendant is not the subject of the man

whose business it is to judge in that particular place, for instance

when the defendant belongs to another diocese or is exempt. Therefore

it seems that a man may judge one that is not his subject.

_On the contrary,_ Gregory [*Regist. xi, epist. 64] in commenting on

Deut. 23:25, "If thou go into thy friend's corn," etc. says: "Thou

mayest not put the sickle of judgment to the corn that is entrusted

to another."

_I answer that,_ A judge's sentence is like a particular law

regarding some particular fact. Wherefore just as a general law

should have coercive power, as the Philosopher states (Ethic. x, 9),

so too the sentence of a judge should have coercive power, whereby

either party is compelled to comply with the judge's sentence; else

the judgment would be of no effect. Now coercive power is not

exercised in human affairs, save by those who hold public authority:

and those who have this authority are accounted the superiors of

those over whom they preside whether by ordinary or by delegated

authority. Hence it is evident that no man can judge others than his

subjects and this in virtue either of delegated or of ordinary

authority.

Reply Obj. 1: In judging those ancients Daniel exercised an

authority delegated to him by Divine instinct. This is indicated where

it is said (Dan. 13:45) that "the Lord raised up the . . . spirit of a

young boy."

Reply Obj. 2: In human affairs a man may submit of his own accord to

the judgment of others although these be not his superiors, an

example of which is when parties agree to a settlement by

arbitrators. Wherefore it is necessary that the arbitrator should be

upheld by a penalty, since the arbitrators through not exercising

authority in the case, have not of themselves full power of coercion.

Accordingly in this way did Christ of his own accord submit to human

judgment: and thus too did Pope Leo [*Leo IV] submit to the judgment

of the emperor [*Can. Nos si incompetenter, caus. ii, qu. 7].

Reply Obj. 3: The bishop of the defendant's diocese becomes

the latter's superior as regards the fault committed, even though he

be exempt: unless perchance the defendant offend in a matter exempt

from the bishop's authority, for instance in administering the

property of an exempt monastery. But if an exempt person commits a

theft, or a murder or the like, he may be justly condemned by the

ordinary.

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Summa Theologica, Part II-II (Secunda Secundae) Translated by Fathers of the English Dominican Province · 第 460 / 1128 题