Summa Theologica by Saint Thomas Aquinas (whitelam books .TXT) 📕

be wicked, should be honored by their servants, according to 1 Tim. 6:1: "Whoever are servants under the yoke, let them count their masters worthy of all honor." Therefore it seems that it is not a sin to respect persons in showing honor.

Obj. 2: Further, it is commanded (Lev. 19:32): "Rise up before the hoary head, and, honor the person of the aged man." But this seems to savor of respect of persons, since sometimes old men are not virtuous; according to Dan. 13:5: "Iniquity came out from the ancients of the people [*Vulg.: 'Iniquity came out of Babylon from the ancient judges, that seemed to govern the people.']." Therefore it is not a sin to respect persons in showing honor.

Obj. 3: Further, on the words of James 2:1, "Have not the faith . . . with respect of persons," a gloss of Augustine [*Ep. ad Hieron. clxvii.] says: "If the saying of James, 'If there shall come into your assembly a man having a golden ring,' etc., refer to our daily meetings, who sins not here, if however he sin at all?" Yet it is respect of persons to honor the rich for their riches, for Gregory says in a homily (xxviii in Evang.): "Our pride is blunted, since in men we honor, not the nature wherein they are made to God's image, but wealth," so that, wealth not being a due cause of honor, this will savor of respect of persons. Therefore it is not a sin to respect persons in showing honor.

On the contrary, A gloss on James 2:1, says: "Whoever honors the rich for their riches, sins," and in like manner, if a man be honored for other causes that do not render him worthy of honor. Now this savors of respect of persons. Therefore it is a sin to respect persons in showing honor.

I answer that, To honor a person is to recognize him as having virtue, wherefore virtue alone is the due cause of a person being honored. Now it is to be observed that a person may be honored not only for his own virtue, but also for another's: thus princes and prelates, although they be wicked, are honored as standing in God's place, and as representing the community over which they are placed, according to Prov. 26:8, "As he that casteth a stone into the heap of Mercury, so is he that giveth honor to a fool." For, since the gentiles ascribed the keeping of accounts to Mercury, "the heap of Mercury" signifies the casting up of an account, when a merchant sometimes substitutes a pebble [*Lapillus or calculus whence the English word 'calculate'] for one hundred marks. So too, is a fool honored if he stand in God's place or represent the whole community: and in the same way parents and masters should be honored, on account of their having a share of the dignity of God Who is the Father and Lord of all. The aged should be honored, because old age is a sign of virtue, though this sign fail at times: wherefore, according to Wis. 4:8, 9, "venerable old age is not that of long time, nor counted by the number of years; but the understanding of a man is gray hairs, and a spotless life is old age." The rich ought to be honored by reason of their occupying a higher position in the community: but if they be honored merely for their wealth, it will be the sin of respect of persons.

Hence the Replies to the Objections are clear. _______________________

FOURTH ARTICLE [II-II, Q. 63, Art. 4]

Whether the Sin of Respect of Persons Takes Place in Judicial
Sentences?

Objection 1: It would seem that the sin of respect of persons does not take place in judicial sentences. For respect of persons is opposed to distributive justice, as stated above (A. 1): whereas judicial sentences seem to pertain chiefly to commutative justice. Therefore respect of persons does not take place in judicial sentences.

Obj. 2: Further, penalties are inflicted according to a sentence. Now it is not a sin to respect persons in pronouncing penalties, since a heavier punishment is inflicted on one who injures the person of a prince than on one who injures the person of others. Therefore respect of persons does not take place in judicial sentences.

Obj. 3: Further, it is written (Ecclus. 4:10): "In judging be merciful to the fatherless." But this seems to imply respect of the person of the needy. Therefore in judicial sentences respect of persons is not a sin.

On the contrary, It is written (Prov. 18:5): "It is not good to accept the person in judgment [*Vulg.: 'It is not good to accept the person of the wicked, to decline from the truth of judgment.']."

I answer that, As stated above (Q. 60, A. 1), judgment is an act of justice, in as much as the judge restores to the equality of justice, those things which may cause an opposite inequality. Now respect of persons involves a certain inequality, in so far as something is allotted to a person out of that proportion to him in which the equality of justice consists. Wherefore it is evident that judgment is rendered corrupt by respect of persons.

Reply Obj. 1: A judgment may be looked at in two ways. First, in view of the thing judged, and in this way judgment is common to commutative and distributive justice: because it may be decided by judgment how some common good is to be distributed among many, and how one person is to restore to another what he has taken from him. Secondly, it may be considered in view of the form of judgment, in as much as, even in commutative justice, the judge takes from one and gives to another, and this belongs to distributive justice. In this way respect of persons may take place in any judgment.

Reply Obj. 2: When a person is more severely punished on account of a crime committed against a greater person, there is no respect of persons, because the very difference of persons causes, in that case, a diversity of things, as stated above (Q. 58, A. 10, ad 3; Q. 61, A. 2, ad 3).

Reply Obj. 3: In pronouncing judgment one ought to succor the needy as far as possible, yet without prejudice to justice: else the saying of Ex. 23:3 would apply: "Neither shalt thou favor a poor man in judgment." _______________________

QUESTION 64

OF MURDER
(In Eight Articles)

In due sequence we must consider the vices opposed to commutative justice. We must consider (1) those sins that are committed in relation to involuntary commutations; (2) those that are committed with regard to voluntary commutations. Sins are committed in relation to involuntary commutations by doing an injury to one's neighbor against his will: and this can be done in two ways, namely by deed or by word. By deed when one's neighbor is injured either in his own person, or in a person connected with him, or in his possessions.

We must therefore consider these points in due order, and in the first place we shall consider murder whereby a man inflicts the greatest injury on his neighbor. Under this head there are eight points of inquiry:

(1) Whether it is a sin to kill dumb animals or even plants?

(2) Whether it is lawful to kill a sinner?

(3) Whether this is lawful to a private individual, or to a public person only?

(4) Whether this is lawful to a cleric?

(5) Whether it is lawful to kill oneself?

(6) Whether it is lawful to kill a just man?

(7) Whether it is lawful to kill a man in self-defense?

(8) Whether accidental homicide is a mortal sin? _______________________

FIRST ARTICLE [II-II, Q. 64, Art. 1]

Whether It Is Unlawful to Kill Any Living Thing?

Objection 1: It would seem unlawful to kill any living thing. For the Apostle says (Rom. 13:2): "They that resist the ordinance of God purchase to themselves damnation [*Vulg.: 'He that resisteth the power, resisteth the ordinance of God: and they that resist, purchase themselves damnation.']." Now Divine providence has ordained that all living things should be preserved, according to Ps. 146:8, 9, "Who maketh grass to grow on the mountains . . . Who giveth to beasts their food." Therefore it seems unlawful to take the life of any living thing.

Obj. 2: Further, murder is a sin because it deprives a man of life. Now life is common to all animals and plants. Hence for the same reason it is apparently a sin to slay dumb animals and plants.

Obj. 3: Further, in the Divine law a special punishment is not appointed save for a sin. Now a special punishment had to be inflicted, according to the Divine law, on one who killed another man's ox or sheep (Ex. 22:1). Therefore the slaying of dumb animals is a sin.

On the contrary, Augustine says (De Civ. Dei i, 20): "When we hear it said, 'Thou shalt not kill,' we do not take it as referring to trees, for they have no sense, nor to irrational animals, because they have no fellowship with us. Hence it follows that the words, 'Thou shalt not kill' refer to the killing of a man."

I answer that, There is no sin in using a thing for the purpose for which it is. Now the order of things is such that the imperfect are for the perfect, even as in the process of generation nature proceeds from imperfection to perfection. Hence it is that just as in the generation of a man there is first a living thing, then an animal, and lastly a man, so too things, like the plants, which merely have life, are all alike for animals, and all animals are for man. Wherefore it is not unlawful if man use plants for the good of animals, and animals for the good of man, as the Philosopher states (Polit. i, 3).

Now the most necessary use would seem to consist in the fact that animals use plants, and men use animals, for food, and this cannot be done unless these be deprived of life: wherefore it is lawful both to take life from plants for the use of animals, and from animals for the use of men. In fact this is in keeping with the commandment of God Himself: for it is written (Gen. 1:29, 30): "Behold I have given you every herb . . . and all trees . . . to be your meat, and to all beasts of the earth": and again (Gen. 9:3): "Everything that moveth and liveth shall be meat to you."

Reply Obj. 1: According to the Divine ordinance the life of animals
and plants is preserved not for themselves but for man. Hence, as
Augustine says (De Civ. Dei i, 20), "by a most just ordinance of the
Creator, both their life and their death are subject to our use."

Reply Obj. 2: Dumb animals and plants are devoid of the life of reason whereby to set themselves in motion; they are moved, as it were by another, by a kind of natural impulse, a sign of which is that they are naturally enslaved and accommodated to the uses of others.

Reply Obj. 3: He that kills another's ox, sins, not through killing the ox, but through injuring another man in his property. Wherefore this is not a species of the sin of murder but of the sin of theft or robbery. _______________________

SECOND ARTICLE [II-II, Q. 64, Art. 2]

Whether It Is Lawful to Kill Sinners?

Objection 1: It would seem unlawful to kill men who have sinned. For our Lord in the parable (Matt. 13) forbade the uprooting of the cockle which denotes wicked men according to a gloss. Now whatever is forbidden by God is a sin. Therefore it is a sin to kill a sinner.

Obj. 2: Further, human justice is conformed to Divine justice. Now according to Divine justice sinners are kept back for repentance, according to Ezech. 33:11, "I desire not the death of the wicked, but that the wicked turn from his way and live." Therefore it seems altogether unjust to kill sinners.

Obj. 3: Further, it is not lawful, for any good end whatever, to do that which is evil in itself, according to Augustine (Contra Mendac. vii) and the Philosopher (Ethic. ii, 6). Now to kill a man is evil in itself, since we are bound to have charity towards all men, and "we wish our friends to live and to exist," according to Ethic. ix, 4. Therefore it is nowise lawful to kill a man who has sinned.

On the contrary, It is written (Ex. 22:18): "Wizards thou shalt not suffer to live"; and (Ps. 100:8):