Part III (Secunda Secundae) Part 168 (1/2)

_On the contrary,_ Tully (De Invent. Rhet. ii) reckons it a part of justice.

_I answer that,_ As the Philosopher states (Ethic. ii, 1), apt.i.tude to virtue is in us by nature, but the complement of virtue is in us through habituation or some other cause. Hence it is evident that virtues perfect us so that we follow in due manner our natural inclinations, which belong to the natural right. Wherefore to every definite natural inclination there corresponds a special virtue. Now there is a special inclination of nature to remove harm, for which reason animals have the irascible power distinct from the concupiscible. Man resists harm by defending himself against wrongs, lest they be inflicted on him, or he avenges those which have already been inflicted on him, with the intention, not of harming, but of removing the harm done. And this belongs to vengeance, for Tully says (De Invent. Rhet. ii) that by ”vengeance we resist force, or wrong, and in general whatever is obscure” [*_Obscurum._ Cicero wrote _obfuturum_ but the sense is the same as St. Thomas gives in the parenthesis] ”(i.e. derogatory), either by self-defense or by avenging it.” Therefore vengeance is a special virtue.

Reply Obj. 1: Just as repayment of a legal debt belongs to commutative justice, and as repayment of a moral debt, arising from the bestowal of a particular favor, belongs to the virtue of grat.i.tude, so too the punishment of sins, so far as it is the concern of public justice, is an act of commutative justice; while so far as it is concerned in defending the rights of the individual by whom a wrong is resisted, it belongs to the virtue of revenge.

Reply Obj. 2: Fort.i.tude disposes to vengeance by removing an obstacle thereto, namely, fear of an imminent danger. Zeal, as denoting the fervor of love, signifies the primary root of vengeance, in so far as a man avenges the wrong done to G.o.d and his neighbor, because charity makes him regard them as his own. Now every act of virtue proceeds from charity as its root, since, according to Gregory (Hom. xxvii in Ev.), ”there are no green leaves on the bough of good works, unless charity be the root.”

Reply Obj. 3: Two vices are opposed to vengeance: one by way of excess, namely, the sin of cruelty or brutality, which exceeds the measure in punis.h.i.+ng: while the other is a vice by way of deficiency and consists in being remiss in punis.h.i.+ng, wherefore it is written (Prov. 13:24): ”He that spareth the rod hateth his son.” But the virtue of vengeance consists in observing the due measure of vengeance with regard to all the circ.u.mstances.

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THIRD ARTICLE [II-II, Q. 108, Art. 3]

Whether Vengeance Should Be Wrought by Means of Punishments Customary Among Men?

Objection 1: It seems that vengeance should not be wrought by means of punishments customary among men. For to put a man to death is to uproot him. But our Lord forbade (Matt. 13:29) the uprooting of the c.o.c.kle, whereby the children of the wicked one are signified.

Therefore sinners should not be put to death.

Obj. 2: Further, all who sin mortally seem to be deserving of the same punishment. Therefore if some who sin mortally are punished with death, it seems that all such persons should be punished with death: and this is evidently false.

Obj. 3: Further, to punish a man publicly for his sin seems to publish his sin: and this would seem to have a harmful effect on the mult.i.tude, since the example of sin is taken by them as an occasion for sin. Therefore it seems that the punishment of death should not be inflicted for a sin.

_On the contrary,_ These punishments are fixed by the divine law as appears from what we have said above (I-II, Q. 105, A. 2).

_I answer that,_ Vengeance is lawful and virtuous so far as it tends to the prevention of evil. Now some who are not influenced by motive of virtue are prevented from committing sin, through fear of losing those things which they love more than those they obtain by sinning, else fear would be no restraint to sin. Consequently vengeance for sin should be taken by depriving a man of what he loves most. Now the things which man loves most are life, bodily safety, his own freedom, and external goods such as riches, his country and his good name.

Wherefore, according to Augustine's reckoning (De Civ. Dei xxi), ”Tully writes that the laws recognize eight kinds of punishment”: namely, ”death,” whereby man is deprived of life; ”stripes,”

”retaliation,” or the loss of eye for eye, whereby man forfeits his bodily safety; ”slavery,” and ”imprisonment,” whereby he is deprived of freedom; ”exile” whereby he is banished from his country; ”fines,”

whereby he is mulcted in his riches; ”ignominy,” whereby he loses his good name.

Reply Obj. 1: Our Lord forbids the uprooting of the c.o.c.kle, when there is fear lest the wheat be uprooted together with it. But sometimes the wicked can be uprooted by death, not only without danger, but even with great profit, to the good. Wherefore in such a case the punishment of death may be inflicted on sinners.

Reply Obj. 2: All who sin mortally are deserving of eternal death, as regards future retribution, which is in accordance with the truth of the divine judgment. But the punishments of this life are more of a medicinal character; wherefore the punishment of death is inflicted on those sins alone which conduce to the grave undoing of others.

Reply Obj. 3: The very fact that the punishment, whether of death or of any kind that is fearsome to man, is made known at the same time as the sin, makes man's will avers to sin: because the fear of punishment is greater than the enticement of the example of sin.

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FOURTH ARTICLE [II-II, Q. 108, Art. 4]

Whether Vengeance Should Be Taken on Those Who Have Sinned Involuntarily?

Objection 1: It seems that vengeance should be taken on those who have sinned involuntarily. For the will of one man does not follow from the will of another. Yet one man is punished for another, according to Ex. 20:5, ”I am ... G.o.d ... jealous, visiting the iniquity of the fathers upon the children, unto the third and fourth generation.” Thus for the sin of Cham, his son Chanaan was cursed (Gen. 9:25) and for the sin of Giezi, his descendants were struck with leprosy (4 Kings 5). Again the blood of Christ lays the descendants of the Jews under the ban of punishment, for they said (Matt. 27:25): ”His blood be upon us and upon our children.” Moreover we read (Josue 7) that the people of Israel were delivered into the hands of their enemies for the sin of Achan, and that the same people were overthrown by the Philistines on account of the sin of the sons of Heli (1 Kings 4). Therefore a person is to be punished without having deserved it voluntarily.

Obj. 2: Further, nothing is voluntary except what is in a man's power. But sometimes a man is punished for what is not in his power; thus a man is removed from the administration of the Church on account of being infected with leprosy; and a Church ceases to be an episcopal see on account of the depravity or evil of the people.

Therefore vengeance is taken not only for voluntary sins.

Obj. 3: Further, ignorance makes an act involuntary. Now vengeance is sometimes taken on the ignorant. Thus the children of the people of Sodom, though they were in invincible ignorance, perished with their parents (Gen. 19). Again, for the sin of Dathan and Abiron their children were swallowed up together with them (Num 16). Moreover, dumb animals, which are devoid of reason, were commanded to be slain on account of the sin of the Amalekites (1 Kings 15). Therefore vengeance is sometimes taken on those who have deserved it involuntarily.

Obj. 4: Further, compulsion is most opposed to voluntariness. But a man does not escape the debt of punishment through being compelled by fear to commit a sin. Therefore vengeance is sometimes taken on those who have deserved it involuntarily.

Obj. 5: Further Ambrose says on Luke 5 that ”the s.h.i.+p in which Judas was, was in distress”; wherefore ”Peter, who was calm in the security of his own merits, was in distress about those of others.” But Peter did not will the sin of Judas. Therefore a person is sometimes punished without having voluntarily deserved it.