3: Further, the reason why evidence is required in a court of
law, is that the judge may have a faithful record of the truth of the
matter, wherefore in matters of common knowledge there is no need of
judicial procedure, according to 1 Tim. 5:24, "Some men's sins are
manifest, going before to judgment." Consequently, if the judge by
his personal knowledge is aware of the truth, he should pay no heed
to the evidence, but should pronounce sentence according to the truth
which he knows.

Obj. 4: Further, the word "conscience" denotes application of
knowledge to a matter of action as stated in the First Part (Q. 79,
A. 13). Now it is a sin to act contrary to one's knowledge. Therefore
a judge sins if he pronounces sentence according to the evidence but
against his conscience of the truth.

_On the contrary,_ Augustine [*Ambrose, Super Ps. 118, serm. 20] says
in his commentary on the Psalter: "A good judge does nothing
according to his private opinion but pronounces sentence according to
the law and the right." Now this is to pronounce judgment according
to what is alleged and proved in court. Therefore a judge ought to
pronounce judgment in accordance with these things, and not according
to his private opinion.

_I answer that,_ As stated above (A. 1; Q. 60, AA. 2, 6) it is the
duty of a judge to pronounce judgment in as much as he exercises
public authority, wherefore his judgment should be based on
information acquired by him, not from his knowledge as a private
individual, but from what he knows as a public person. Now the latter
knowledge comes to him both in general and in particular--in general
through the public laws, whether Divine or human, and he should admit
no evidence that conflicts therewith--in some particular matter,
through documents and witnesses, and other legal means of
information, which in pronouncing his sentence, he ought to follow
rather than the information he has acquired as a private individual.
And yet this same information may be of use to him, so that he can
more rigorously sift the evidence brought forward, and discover its
weak points. If, however, he is unable to reject that evidence
juridically, he must, as stated above, follow it in pronouncing
sentence.

Reply Obj. 1: The reason why, in the passage quoted, it is stated
that the judges should first of all be asked their reasons, is to
make it clear that the judges ought to judge the truth in accordance
with the evidence.

Reply Ob