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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