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I. To the Question
63. To the question:
When upholding the first opinion set down in the first question [nn.9-27] it is stated [Aquinas, Richard of Middleton] that mercy is a certain part of justice said in the first way, namely the justice that is fittingness with God’s goodness [n.26], because it fits his goodness to have mercy.
64. However, when upholding the second approach [nn.28-36], it is plain that justice and mercy are not formally the same, because justice in relation to the first object has regard to divine goodness, but mercy has regard to something in the creature (after having also set aside the just that can be in the creature, namely exigency, because mercy is not in God in this respect, when there is thus something just in the creature). But this object [sc. object of mercy] and that [sc. object of justice] do not have a primary regard to this thing [sc. mercy] and that thing [sc. justice] unless in this thing [sc. mercy] and that [sc. justice] there is some distinction or formal non-identity in this thing [sc. object of mercy] and that [sc. object of justice].25 However, along with this non-identity formally there stands an identity simply, as was said in Ord. I d.13 nn.40-43, d.8 n.209 [also d.2 nn.388-410, d.5 n.118].
65. But if a question is asked about the order of justice (taken in this way) in this thing and in that, justice is simply prior by comparison with the objects, in the way object is simply prior to object.
66. But on the side of them between themselves, as they are intrinsic to God, they only have an order in the way that other perfections (which are not formally the same) are posited to have an order - by the fact that one is said to be present really (if the distinction were a real distinction) prior to another, and consequently one is prior, according to this distinction they have, to the other. And with this possible priority is justice prior to mercy, according to the remark of Anselm Proslogion 11, “From justice mercy is born.”