Part III (Secunda Secundae) Part 110 (1/2)
Objection 1: It would seem that theft is a more grievous sin than robbery. For theft adds fraud and guile to the taking of another's property: and these things are not found in robbery. Now fraud and guile are sinful in themselves, as stated above (Q. 55, AA. 4, 5).
Therefore theft is a more grievous sin than robbery.
Obj. 2: Further, shame is fear about a wicked deed, as stated in _Ethic._ iv, 9. Now men are more ashamed of theft than of robbery.
Therefore theft is more wicked than robbery.
Obj. 3: Further, the more persons a sin injures the more grievous it would seem to be. Now the great and the lowly may be injured by theft: whereas only the weak can be injured by robbery, since it is possible to use violence towards them. Therefore the sin of theft seems to be more grievous than the sin of robbery.
_On the contrary,_ According to the laws robbery is more severely punished than theft.
_I answer that,_ Robbery and theft are sinful, as stated above (AA.
4, 6), on account of the involuntariness on the part of the person from whom something is taken: yet so that in theft the involuntariness is due to ignorance, whereas in robbery it is due to violence. Now a thing is more involuntary through violence than through ignorance, because violence is more directly opposed to the will than ignorance. Therefore robbery is a more grievous sin than theft. There is also another reason, since robbery not only inflicts a loss on a person in his things, but also conduces to the ignominy and injury of his person, and this is of graver import than fraud or guile which belong to theft. Hence the Reply to the First Objection is evident.
Reply Obj. 2: Men who adhere to sensible things think more of external strength which is evidenced in robbery, than of internal virtue which is forfeit through sin: wherefore they are less ashamed of robbery than of theft.
Reply Obj. 3: Although more persons may be injured by theft than by robbery, yet more grievous injuries may be inflicted by robbery than by theft: for which reason also robbery is more odious.
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QUESTION 67
OF THE INJUSTICE OF A JUDGE, IN JUDGING (In Four Articles)
We must now consider those vices opposed to commutative justice, that consist in words injurious to our neighbors. We shall consider (1) those which are connected with judicial proceedings, and (2) injurious words uttered extra-judicially.
Under the first head five points occur for our consideration: (1) The injustice of a judge in judging; (2) The injustice of the prosecutor in accusing; (3) The injustice of the defendant in defending himself; (4) The injustice of the witnesses in giving evidence; (5) The injustice of the advocate in defending.
Under the first head there are four points of inquiry:
(1) Whether a man can justly judge one who is not his subject?
(2) Whether it is lawful for a judge, on account of the evidence, to deliver judgment in opposition to the truth which is known to him?
(3) Whether a judge can justly sentence a man who is not accused?
(4) Whether he can justly remit the punishment?
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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.