Question — Bontempi, Palladium Theologicum V · from Schola Thomistica

Question VIII: On the order to be observed by a judge

English · Latin · Both

1.

The S. Doctor places the fruits of INJUSTICE in speculo animae, cap. 2., toward the end: Iniustam sententiam, quae multos fructus reddit, qui sunt Iustitiae perversio, seu delatio ordinis, iuris mutatio, falsum testimonium, iniusta advocatio, litteratum abusio, quae omnia habent rationem mortalis, secundum quod cedunt in proximi nocumentum. These are the words of S. Bonaventura, from which you have that a Iudex is gravely bound to observe the order of the Law.

2.

FIVE things, however, are required from a Iudice for the form of judgment necessary. The first is the substance of the sentence. The second, the mode of proceeding. The third, the safeguard of the judgment. The fourth is the quality and quantity of the penalty. The fifth, finally, is the execution.

3.

As TO the first, he is bound to keep the laws, or, if these be obscure, to follow the opinions of the Doctors, in the ways indicated by me at the beginning of the disputation, quaest. 2. et prima secundae, tract. 2. disp. 17.

4.

As TO the mode and order of proceeding, it is threefold. The first is by Denunciation, and it is when officials denounce. The second by Inquisition, when a Iudex proceeds to the inquisition of crimes, as is had in cap. Qualiter, et quando, dist. 2. de accusatore; et cap. licet Heli, de Simonia, where the authores commonly teach after D. Thom. 2. 2. quaest. 67. art. 3. that a Iudex cannot inquire without an Accusator, or without someone who functions in the right of an accuser. The third is by Accusation.

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