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?