Objection 1: It would seem unlawful to imprison a man. An act which deals with undue matter is evil in its genus, as stated above (FS, Q[18], A[2]). Now man, having a free-will, is undue matter for imprisonment which is inconsistent with free-will. Therefore it is unlawful to imprison a man.
Objection 2: Further, human justice should be ruled by Divine justice. Now according to Ecclus. 15:14, "God left man in the hand of his own counsel." Therefore it seems that a man ought not to be coerced by chains or prisons.
Objection 3: Further, no man should be forcibly prevented except from doing an evil deed; and any man can lawfully prevent another from doing this. If, therefore, it were lawful to imprison a man, in order to restrain him from evil deeds, it would be lawful for anyone to put a man in prison; and this is clearly false. Therefore the same conclusion follows.
On the contrary, We read in Lev. 24 that a man was imprisoned for the sin of blasphemy.
I answer that, In the goods three things may be considered in due order. First, the substantial integrity of the body, and this is injured by death or maiming. Secondly, pleasure or rest of the senses, and to this striking or anything causing a sense of pain is opposed. Thirdly, the movement or use of the members, and this is hindered by binding or imprisoning or any kind of detention.
Therefore it is unlawful to imprison or in any way detain a man, unless it be done according to the order of justice, either in punishment, or as a measure of precaution against some evil.
Reply to Objection 1: A man who abuses the power entrusted to him deserves to lose it, and therefore when a man by sinning abuses the free use of his members, he becomes a fitting matter for imprisonment.
Reply to Objection 2: According to the order of His wisdom God sometimes restrains a sinner from accomplishing a sin, according to Job 5:12 : "Who bringeth to nought the designs of the malignant, so that their hand cannot accomplish what they had begun, while sometimes He allows them to do what they will." In like manner, according to human justice, men are imprisoned, not for every sin but for certain ones.
Reply to Objection 3: It is lawful for anyone to restrain a man for a time from doing some unlawful deed there and then: as when a man prevents another from throwing himself over a precipice, or from striking another. But to him alone who has the right of disposing in general of the actions and of the life of another does it belong primarily to imprison or fetter, because by so doing he hinders him from doing not only evil but also good deeds.
Whether the sin is aggravated by the fact that the aforesaid injuries are perpetrated on those who are connected with others?
Objection 1: It would seem that the sin is not aggravated by the fact that the aforesaid injuries are perpetrated on those who are connected with others. Such like injuries take their sinful character from inflicting an injury on another against his will. Now the evil inflicted on a man's own person is more against his will than that which is inflicted on a person connected with him. Therefore an injury inflicted on a person connected with another is less grievous.
Objection 2: Further, Holy Writ reproves those especially who do injuries to orphans and widows: hence it is written ( Ecclus. 35:17 ): "He will not despise the prayers of the fatherless, nor the widow when she poureth out her complaint." Now the widow and the orphan are not connected with other persons. Therefore the sin is not aggravated through an injury being inflicted on one who is connected with others.
Objection 3: Further, the person who is connected has a will of his own just as the principal person has, so that something may be voluntary for him and yet against the will of the principal person, as in the case of adultery which pleases the woman but not the husband. Now these injuries are sinful in so far as they consist in an involuntary commutation. Therefore such like injuries are of a less sinful nature.
On the contrary, It is written ( Dt. 28:32 ) as though indicating an aggravating circumstance: "Thy sons and thy daughters shall be given to another people, thy eyes looking on [*Vulg.: 'May thy sons and thy daughters be given,' etc.]."
I answer that, Other things being equal, an injury is a more grievous sin according as it affects more persons; and hence it is that it is a more grievous sin to strike or injure a person in authority than a private individual, because it conduces to the injury of the whole community, as stated above (FS, Q[73], A[9]). Now when an injury is inflicted on one who is connected in any way with another, that injury affects two persons, so that, other things being equal, the sin is aggravated by this very fact. It may happen, however, that in view of certain circumstances, a sin committed against one who is not connected with any other person, is more grievous, on account of either the dignity of the person, or the greatness of the injury.
Reply to Objection 1: An injury inflicted on a person connected with others is less harmful to the persons with whom he is connected, than if it were perpetrated immediately on them, and from this point of view it is a less grievous sin. But all that belongs to the injury of the person with whom he is connected, is added to the sin of which a man is guilty through injuring the other one in himself.
Reply to Objection 2: Injuries done to widows and orphans are more insisted upon both through being more opposed to mercy, and because the same injury done to such persons is more grievous to them since they have no one to turn to for relief.
Reply to Objection 3: The fact that the wife voluntarily consents to the adultery, lessens the sin and injury, so far as the woman is concerned, for it would be more grievous, if the adulterer oppressed her by violence. But this does not remove the injury as affecting her husband, since "the wife hath not power of her own body; but the husband" ( 1 Cor. 7:4 ). The same applies to similar cases. of adultery, however, as it is opposed not only to justice but also to chastity, we shall speak in the treatise on Temperance (Q[154], A[8]).