Question VI: On cruelty

THIS is opposed to Clemency, and is defined by St. Bonaventure from Seneca, book 2. de Clementia, cap. 4. Atrocitas animi in exigendis poenis, that is, harshness of mind in exacting punishments. From this, he says, arise those daughters, imprisonments, beatings, floggings, duels, mutilations, and killings: Whence it is clear that it is contrary to that virtue which is in Princes and Prelates, and which consists in mildness of soul. The same is taught by St. Thomas, art. 1. To this is nearly reduced that lack of mercy which nevertheless does not inflict evil, but only does not relieve misery; of which Jerem. 6. He is cruel, and will not show mercy.

CRUELTY differs from ferocity, as the holy Doctor says, because ferocity, or savagery, so called from its likeness to wild beasts, without regard to any fault of him who is punished, delights of itself in the very torture of men, for which reason wild beasts harm men, even that they may feed on their bodies, as Seneca also says loc. cit. D. Thom. art. 2. Whence it comes about that savagery is contained under bestiality, since such delight is not human but bestial.

CRUELTY, indeed, does attend to the fault in him who is punished, but exceeds the measure in punishing; and thus cruelty differs from ferocity, as human wickedness differs from bestiality, according to Aristotle 7. Eth. cap. 5. And as cruelty is opposed to clemency, so ferocity is opposed to that virtue of superexcellence, which Aristotle at the beginning of 7. Eth. calls Heroic or Divine, so that we may say it is opposed to the gift of Piety, as St. Thomas says, art. 2. and Tannet. dub. 7. who rather opposes it to humanity. But St. Bonaventure seems to approve both as probable.

ANOTHER vice is placed by the holy Doctor in Pharetra, lib. 3. cap. 24. at the other extreme of cruelty, which he says is excessive leniency in punishing crimes, concerning which he brings forward illustrious things from the holy Fathers.

ST. GREGORY, lib. 32. moral. cap. 17. Very often lax remission is esteemed as though it were meekness and piety, and while offenders are spared temporally more than is fitting, they are cruelly reserved to eternal punishments.

ST. AUGUSTINE, ep. 50. The physician seems troublesome and cruel to the raving madman, and the father to the undisciplined son: the one by binding, the other by striking, but both loving. But if they neglect them and allow them to perish, that is rather false meekness, true cruelty. The same is brought forward from St. Bernard, pref. in Psal. Qui habitat.

THE holy Doctor observes in the places cited that the excess of cruelty in exacting punishments, by imprisoning, etc., is a mortal sin. Excessive leniency, too, by which the guilty are not punished and the way is opened to crimes, is likewise mortal. Of this the holy Doctor often treats in the opusculo de Ecclesiastica hierarchia, and elsewhere.