SECOND ARTICLE [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.

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Summa Theologica, Part II-II (Secunda Secundae) Translated by Fathers of the English Dominican Province · 第 461 / 1128 题