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Summa Theologica (Prima Pars; Prima Secundae)

tr. Fathers of the English Dominican Province (1920), I and I-II · published 1920, before 1930 · source

II ("Prima Secundae")

ST Part 1, Question 96 ¶24

I answer that, As stated above (A. 4), every law is directed to the common weal of men, and derives the force and nature of law accordingly. Hence the jurist says [*Pandect. Justin. lib. i, ff., tit. 3, De Leg. et Senat.]: "By no reason of law, or favor of equity, is it allowable for us to interpret harshly, and render burdensome, those useful measures which have been enacted for the welfare of man." Now it happens often that the observance of some point of law conduces to the common weal in the majority of instances, and yet, in some cases, is very hurtful. Since then the lawgiver cannot have in view every single case, he shapes the law according to what happens most frequently, by directing his attention to the common good. Wherefore if a case arise wherein the observance of that law would be hurtful to the general welfare, it should not be observed. For instance, suppose that in a besieged city it be an established law that the gates of the city are to be kept closed, this is good for public welfare as a general rule: but, it were to happen that the enemy are in pursuit of certain citizens, who are defenders of the city, it would be a great loss to the city, if the gates were not opened to them: and so in that case the gates ought to be opened, contrary to the letter of the law, in order to maintain the common weal, which the lawgiver had in view.

ST Part 1, Question 96 ¶25

Nevertheless it must be noted, that if the observance of the law according to the letter does not involve any sudden risk needing instant remedy, it is not competent for everyone to expound what is useful and what is not useful to the state: those alone can do this who are in authority, and who, on account of such like cases, have the power to dispense from the laws. If, however, the peril be so sudden as not to allow of the delay involved by referring the matter to authority, the mere necessity brings with it a dispensation, since necessity knows no law. Reply Obj. 1: He who in a case of necessity acts beside the letter of the law, does not judge the law; but of a particular case in which he sees that the letter of the law is not to be observed. Reply Obj. 2: He who follows the intention of the lawgiver, does not interpret the law simply; but in a case in which it is evident, by reason of the manifest harm, that the lawgiver intended otherwise. For if it be a matter of doubt, he must either act according to the letter of the law, or consult those in power.

ST Part 1, Question 96 ¶26

Reply Obj. 3: No man is so wise as to be able to take account of every single case; wherefore he is not able sufficiently to express in words all those things that are suitable for the end he has in view. And even if a lawgiver were able to take all the cases into consideration, he ought not to mention them all, in order to avoid confusion: but should frame the law according to that which is of most common occurrence. ________________________

ST Part 1, Question 97 ¶1

OF CHANGE IN LAWS (In Four Articles) We must now consider change in laws: under which head there are four points of inquiry: (1) Whether human law is changeable? (2) Whether it should be always changed, whenever anything better occurs? (3) Whether it is abolished by custom, and whether custom obtains the force of law? (4) Whether the application of human law should be changed by dispensation of those in authority? ________________________ FIRST ARTICLE [I-II, Q. 97, Art. 1] Whether Human Law Should Be Changed in Any Way? Objection 1: It would seem that human law should not be changed in any way at all. Because human law is derived from the natural law, as stated above (Q. 95, A. 2). But the natural law endures unchangeably. Therefore human law should also remain without any change. Obj. 2: Further, as the Philosopher says (Ethic. v, 5), a measure should be absolutely stable. But human law is the measure of human acts, as stated above (Q. 90, AA. 1, 2). Therefore it should remain without change. Obj. 3: Further, it is of the essence of law to be just and right, as stated above (Q. 95, A. 2). But that which is right once is right always. Therefore that which is law once, should be always law.

ST Part 1, Question 97 ¶2

On the contrary, Augustine says (De Lib. Arb. i, 6): "A temporal law, however just, may be justly changed in course of time." I answer that, As stated above (Q. 91, A. 3), human law is a dictate of reason, whereby human acts are directed. Thus there may be two causes for the just change of human law: one on the part of reason; the other on the part of man whose acts are regulated by law. The cause on the part of reason is that it seems natural to human reason to advance gradually from the imperfect to the perfect. Hence, in speculative sciences, we see that the teaching of the early philosophers was imperfect, and that it was afterwards perfected by those who succeeded them. So also in practical matters: for those who first endeavored to discover something useful for the human community, not being able by themselves to take everything into consideration, set up certain institutions which were deficient in many ways; and these were changed by subsequent lawgivers who made institutions that might prove less frequently deficient in respect of the common weal.

ST Part 1, Question 97 ¶3

On the part of man, whose acts are regulated by law, the law can be rightly changed on account of the changed condition of man, to whom different things are expedient according to the difference of his condition. An example is proposed by Augustine (De Lib. Arb. i, 6): "If the people have a sense of moderation and responsibility, and are most careful guardians of the common weal, it is right to enact a law allowing such a people to choose their own magistrates for the government of the commonwealth. But if, as time goes on, the same people become so corrupt as to sell their votes, and entrust the government to scoundrels and criminals; then the right of appointing their public officials is rightly forfeit to such a people, and the choice devolves to a few good men." Reply Obj. 1: The natural law is a participation of the eternal law, as stated above (Q. 91, A. 2), and therefore endures without change, owing to the unchangeableness and perfection of the Divine Reason, the Author of nature. But the reason of man is changeable and imperfect: wherefore his law is subject to change. Moreover the natural law contains certain universal precepts, which are everlasting: whereas human law contains certain particular precepts, according to various emergencies.

ST Part 1, Question 97 ¶4

Reply Obj. 2: A measure should be as enduring as possible. But nothing can be absolutely unchangeable in things that are subject to change. And therefore human law cannot be altogether unchangeable. Reply Obj. 3: In corporal things, right is predicated absolutely: and therefore, as far as itself is concerned, always remains right. But right is predicated of law with reference to the common weal, to which one and the same thing is not always adapted, as stated above: wherefore rectitude of this kind is subject to change. ________________________ SECOND ARTICLE [I-II, Q. 97, Art. 2] Whether Human Law Should Always Be Changed, Whenever Something Better Occurs? Objection 1: It would seem that human law should be changed, whenever something better occurs. Because human laws are devised by human reason, like other arts. But in the other arts, the tenets of former times give place to others, if something better occurs. Therefore the same should apply to human laws. Obj. 2: Further, by taking note of the past we can provide for the future. Now unless human laws had been changed when it was found possible to improve them, considerable inconvenience would have ensued; because the laws of old were crude in many points. Therefore it seems that laws should be changed, whenever anything better occurs to be enacted.

ST Part 1, Question 97 ¶5

Obj. 3: Further, human laws are enacted about single acts of man. But we cannot acquire perfect knowledge in singular matters, except by experience, which "requires time," as stated in Ethic. ii. Therefore it seems that as time goes on it is possible for something better to occur for legislation. On the contrary, It is stated in the Decretals (Dist. xii, 5): "It is absurd, and a detestable shame, that we should suffer those traditions to be changed which we have received from the fathers of old."

ST Part 1, Question 97 ¶6

I answer that, As stated above (A. 1), human law is rightly changed, in so far as such change is conducive to the common weal. But, to a certain extent, the mere change of law is of itself prejudicial to the common good: because custom avails much for the observance of laws, seeing that what is done contrary to general custom, even in slight matters, is looked upon as grave. Consequently, when a law is changed, the binding power of the law is diminished, in so far as custom is abolished. Wherefore human law should never be changed, unless, in some way or other, the common weal be compensated according to the extent of the harm done in this respect. Such compensation may arise either from some very great and every evident benefit conferred by the new enactment; or from the extreme urgency of the case, due to the fact that either the existing law is clearly unjust, or its observance extremely harmful. Wherefore the Jurist says [*Pandect. Justin. lib. i, ff., tit. 4, De Constit. Princip.] that "in establishing new laws, there should be evidence of the benefit to be derived, before departing from a law which has long been considered just."

ST Part 1, Question 97 ¶7

Reply Obj. 1: Rules of art derive their force from reason alone: and therefore whenever something better occurs, the rule followed hitherto should be changed. But "laws derive very great force from custom," as the Philosopher states (Polit. ii, 5): consequently they should not be quickly changed. Reply Obj. 2: This argument proves that laws ought to be changed: not in view of any improvement, but for the sake of a great benefit or in a case of great urgency, as stated above. This answer applies also to the Third Objection. ________________________ THIRD ARTICLE [I-II, Q. 97, Art. 3] Whether Custom Can Obtain Force of Law? Objection 1: It would seem that custom cannot obtain force of law, nor abolish a law. Because human law is derived from the natural law and from the Divine law, as stated above (Q. 93, A. 3; Q. 95, A. 2). But human custom cannot change either the law of nature or the Divine law. Therefore neither can it change human law.

ST Part 1, Question 97 ¶8

Obj. 2: Further, many evils cannot make one good. But he who first acted against the law, did evil. Therefore by multiplying such acts, nothing good is the result. Now a law is something good; since it is a rule of human acts. Therefore law is not abolished by custom, so that the mere custom should obtain force of law. Obj. 3: Further, the framing of laws belongs to those public men whose business it is to govern the community; wherefore private individuals cannot make laws. But custom grows by the acts of private individuals. Therefore custom cannot obtain force of law, so as to abolish the law. On the contrary, Augustine says (Ep. ad Casulan. xxxvi): "The customs of God's people and the institutions of our ancestors are to be considered as laws. And those who throw contempt on the customs of the Church ought to be punished as those who disobey the law of God."

ST Part 1, Question 97 ¶9

I answer that, All law proceeds from the reason and will of the lawgiver; the Divine and natural laws from the reasonable will of God; the human law from the will of man, regulated by reason. Now just as human reason and will, in practical matters, may be made manifest by speech, so may they be made known by deeds: since seemingly a man chooses as good that which he carries into execution. But it is evident that by human speech, law can be both changed and expounded, in so far as it manifests the interior movement and thought of human reason. Wherefore by actions also, especially if they be repeated, so as to make a custom, law can be changed and expounded; and also something can be established which obtains force of law, in so far as by repeated external actions, the inward movement of the will, and concepts of reason are most effectually declared; for when a thing is done again and again, it seems to proceed from a deliberate judgment of reason. Accordingly, custom has the force of a law, abolishes law, and is the interpreter of law.

ST Part 1, Question 97 ¶10

Reply Obj. 1: The natural and Divine laws proceed from the Divine will, as stated above. Wherefore they cannot be changed by a custom proceeding from the will of man, but only by Divine authority. Hence it is that no custom can prevail over the Divine or natural laws: for Isidore says (Synon. ii, 16): "Let custom yield to authority: evil customs should be eradicated by law and reason."

ST Part 1, Question 97 ¶11

Reply Obj. 2: As stated above (Q. 96, A. 6), human laws fail in some cases: wherefore it is possible sometimes to act beside the law; namely, in a case where the law fails; yet the act will not be evil. And when such cases are multiplied, by reason of some change in man, then custom shows that the law is no longer useful: just as it might be declared by the verbal promulgation of a law to the contrary. If, however, the same reason remains, for which the law was useful hitherto, then it is not the custom that prevails against the law, but the law that overcomes the custom: unless perhaps the sole reason for the law seeming useless, be that it is not "possible according to the custom of the country" [*Q. 95, A. 3], which has been stated to be one of the conditions of law. For it is not easy to set aside the custom of a whole people.

ST Part 1, Question 97 ¶12

Reply Obj. 3: The people among whom a custom is introduced may be of two conditions. For if they are free, and able to make their own laws, the consent of the whole people expressed by a custom counts far more in favor of a particular observance, that does the authority of the sovereign, who has not the power to frame laws, except as representing the people. Wherefore although each individual cannot make laws, yet the whole people can. If however the people have not the free power to make their own laws, or to abolish a law made by a higher authority; nevertheless with such a people a prevailing custom obtains force of law, in so far as it is tolerated by those to whom it belongs to make laws for that people: because by the very fact that they tolerate it they seem to approve of that which is introduced by custom. ________________________ FOURTH ARTICLE [I-II, Q. 97, Art. 4] Whether the Rulers of the People Can Dispense from Human Laws?

ST Part 1, Question 97 ¶13

Objection 1: It would seem that the rulers of the people cannot dispense from human laws. For the law is established for the "common weal," as Isidore says (Etym. v, 21). But the common good should not be set aside for the private convenience of an individual: because, as the Philosopher says (Ethic. i, 2), "the good of the nation is more godlike than the good of one man." Therefore it seems that a man should not be dispensed from acting in compliance with the general law. Obj. 2: Further, those who are placed over others are commanded as follows (Deut. 1:17): "You shall hear the little as well as the great; neither shall you respect any man's person, because it is the judgment of God." But to allow one man to do that which is equally forbidden to all, seems to be respect of persons. Therefore the rulers of a community cannot grant such dispensations, since this is against a precept of the Divine law.

ST Part 1, Question 97 ¶14

Obj. 3: Further, human law, in order to be just, should accord with the natural and Divine laws: else it would not "foster religion," nor be "helpful to discipline," which is requisite to the nature of law, as laid down by Isidore (Etym. v, 3). But no man can dispense from the Divine and natural laws. Neither, therefore, can he dispense from the human law. On the contrary, The Apostle says (1 Cor. 9:17): "A dispensation is committed to me."

ST Part 1, Question 97 ¶15

I answer that, Dispensation, properly speaking, denotes a measuring out to individuals of some common goods: thus the head of a household is called a dispenser, because to each member of the household he distributes work and necessaries of life in due weight and measure. Accordingly in every community a man is said to dispense, from the very fact that he directs how some general precept is to be fulfilled by each individual. Now it happens at times that a precept, which is conducive to the common weal as a general rule, is not good for a particular individual, or in some particular case, either because it would hinder some greater good, or because it would be the occasion of some evil, as explained above (Q. 96, A. 6). But it would be dangerous to leave this to the discretion of each individual, except perhaps by reason of an evident and sudden emergency, as stated above (Q. 96, A. 6). Consequently he who is placed over a community is empowered to dispense in a human law that rests upon his authority, so that, when the law fails in its application to persons or circumstances, he may allow the precept of the law not to be observed. If however he grant this permission without any such reason, and of his mere will, he will be an unfaithful or an imprudent dispenser: unfaithful, if he has not the common good in view; imprudent, if he ignores the reasons for granting dispensations. Hence Our Lord says (Luke 12:42): "Who, thinkest thou, is the faithful and wise dispenser [Douay: steward], whom his lord setteth over his family?"

ST Part 1, Question 97 ¶16

Reply Obj. 1: When a person is dispensed from observing the general law, this should not be done to the prejudice of, but with the intention of benefiting, the common good. Reply Obj. 2: It is not respect of persons if unequal measures are served out to those who are themselves unequal. Wherefore when the condition of any person requires that he should reasonably receive special treatment, it is not respect of persons if he be the object of special favor. Reply Obj. 3: Natural law, so far as it contains general precepts, which never fail, does not allow of dispensations. In other precepts, however, which are as conclusions of the general precepts, man sometimes grants a dispensation: for instance, that a loan should not be paid back to the betrayer of his country, or something similar. But to the Divine law each man stands as a private person to the public law to which he is subject. Wherefore just as none can dispense from public human law, except the man from whom the law derives its authority, or his delegate; so, in the precepts of the Divine law, which are from God, none can dispense but God, or the man to whom He may give special power for that purpose. ________________________

ST Part 1, Question 98 ¶1

OF THE OLD LAW (In Six Articles) In due sequence we must now consider the Old Law; and (1) The Law itself; (2) Its precepts. Under the first head there are six points of inquiry: (1) Whether the Old Law was good? (2) Whether it was from God? (3) Whether it came from Him through the angels? (4) Whether it was given to all? (5) Whether it was binding on all? (6) Whether it was given at a suitable time? ________________________ FIRST ARTICLE [I-II, Q. 98, Art. 1] Whether the Old Law Was Good? Objection 1: It would seem that the Old Law was not good. For it is written (Ezech. 20:25): "I gave them statutes that were not good, and judgments in which they shall not live." But a law is not said to be good except on account of the goodness of the precepts that it contains. Therefore the Old Law was not good.

ST Part 1, Question 98 ¶2

Obj. 2: Further, it belongs to the goodness of a law that it conduce to the common welfare, as Isidore says (Etym. v, 3). But the Old Law was not salutary; rather was it deadly and hurtful. For the Apostle says (Rom. 7:8, seqq.): "Without the law sin was dead. And I lived some time without the law. But when the commandment came sin revived; and I died." Again he says (Rom. 5:20): "Law entered in that sin might abound." Therefore the Old Law was not good. Obj. 3: Further, it belongs to the goodness of the law that it should be possible to obey it, both according to nature, and according to human custom. But such the Old Law was not: since Peter said (Acts 15:10): "Why tempt you (God) to put a yoke on the necks of the disciples, which neither our fathers nor we have been able to bear?" Therefore it seems that the Old Law was not good. On the contrary, The Apostle says (Rom. 7:12): "Wherefore the law indeed is holy, and the commandment holy, and just, and good."

ST Part 1, Question 98 ¶3

I answer that, Without any doubt, the Old Law was good. For just as a doctrine is shown to be good by the fact that it accords with right reason, so is a law proved to be good if it accords with reason. Now the Old Law was in accordance with reason. Because it repressed concupiscence which is in conflict with reason, as evidenced by the commandment, "Thou shalt not covet thy neighbor's goods" (Ex. 20:17). Moreover the same law forbade all kinds of sin; and these too are contrary to reason. Consequently it is evident that it was a good law. The Apostle argues in the same way (Rom. 7): "I am delighted," says he (verse 22), "with the law of God, according to the inward man": and again (verse 16): "I consent to the law, that is good."

ST Part 1, Question 98 ¶4

But it must be noted that the good has various degrees, as Dionysius states (Div. Nom. iv): for there is a perfect good, and an imperfect good. In things ordained to an end, there is perfect goodness when a thing is such that it is sufficient in itself to conduce to the end: while there is imperfect goodness when a thing is of some assistance in attaining the end, but is not sufficient for the realization thereof. Thus a medicine is perfectly good, if it gives health to a man; but it is imperfect, if it helps to cure him, without being able to bring him back to health. Again it must be observed that the end of human law is different from the end of Divine law. For the end of human law is the temporal tranquillity of the state, which end law effects by directing external actions, as regards those evils which might disturb the peaceful condition of the state. On the other hand, the end of the Divine law is to bring man to that end which is everlasting happiness; which end is hindered by any sin, not only of external, but also of internal action. Consequently that which suffices for the perfection of human law, viz. the prohibition and punishment of sin, does not suffice for the perfection of the Divine law: but it is requisite that it should make man altogether fit to partake of everlasting happiness. Now this cannot be done save by the grace of the Holy Ghost, whereby "charity" which fulfilleth the law . . . "is spread abroad in our hearts" (Rom. 5:5): since "the grace of God is life everlasting" (Rom. 6:23). But the Old Law could not confer this grace, for this was reserved to Christ; because, as it is written (John 1:17), the law was given "by Moses, grace and truth came by Jesus Christ." Consequently the Old Law was good indeed, but imperfect, according to Heb. 7:19: "The law brought nothing to perfection."

ST Part 1, Question 98 ¶5

Reply Obj. 1: The Lord refers there to the ceremonial precepts; which are said not to be good, because they did not confer grace unto the remission of sins, although by fulfilling these precepts man confessed himself a sinner. Hence it is said pointedly, "and judgments in which they shall not live"; i.e. whereby they are unable to obtain life; and so the text goes on: "And I polluted them," i.e. showed them to be polluted, "in their own gifts, when they offered all that opened the womb, for their offenses."

ST Part 1, Question 98 ¶6

Reply Obj. 2: The law is said to have been deadly, as being not the cause, but the occasion of death, on account of its imperfection: in so far as it did not confer grace enabling man to fulfil what is prescribed, and to avoid what it forbade. Hence this occasion was not given to men, but taken by them. Wherefore the Apostle says (Rom. 5:11): "Sin, taking occasion by the commandment, seduced me, and by it killed me." In the same sense when it is said that "the law entered in that sin might abound," the conjunction "that" must be taken as consecutive and not final: in so far as men, taking occasion from the law, sinned all the more, both because a sin became more grievous after law had forbidden it, and because concupiscence increased, since we desire a thing the more from its being forbidden.

ST Part 1, Question 98 ¶7

Reply Obj. 3: The yoke of the law could not be borne without the help of grace, which the law did not confer: for it is written (Rom. 9:16): "It is not him that willeth, nor of him that runneth," viz. that he wills and runs in the commandments of God, "but of God that showeth mercy." Wherefore it is written (Ps. 118:32): "I have run the way of Thy commandments, when Thou didst enlarge my heart," i.e. by giving me grace and charity. ________________________ SECOND ARTICLE [I-II, Q. 98, Art. 2] Whether the Old Law Was from God? Objection 1: It would seem that the Old Law was not from God. For it is written (Deut. 32:4): "The works of God are perfect." But the Law was imperfect, as stated above (A. 1). Therefore the Old Law was not from God. Obj. 2: Further, it is written (Eccles. 3:14): "I have learned that all the works which God hath made continue for ever." But the Old Law does not continue for ever: since the Apostle says (Heb. 7:18): "There is indeed a setting aside of the former commandment, because of the weakness and unprofitableness thereof." Therefore the Old Law was not from God.

ST Part 1, Question 98 ¶8

Obj. 3: Further, a wise lawgiver should remove, not only evil, but also the occasions of evil. But the Old Law was an occasion of sin, as stated above (A. 1, ad 2). Therefore the giving of such a law does not pertain to God, to Whom "none is like among the lawgivers" (Job 36:22). Obj. 4: Further, it is written (1 Tim. 2:4) that God "will have all men to be saved." But the Old Law did not suffice to save man, as stated above (A. 1). Therefore the giving of such a law did not appertain to God. Therefore the Old Law was not from God. On the contrary, Our Lord said (Matt. 15:6) while speaking to the Jews, to whom the Law was given: "You have made void the commandment of God for your tradition." And shortly before (verse 4) He had said: "Honor thy father and mother," which is contained expressly in the Old Law (Ex. 20:12; Deut. 5:16). Therefore the Old Law was from God.

ST Part 1, Question 98 ¶9

I answer that, The Old Law was given by the good God, Who is the Father of Our Lord Jesus Christ. For the Old Law ordained men to Christ in two ways. First by bearing witness to Christ; wherefore He Himself says (Luke 24:44): "All things must needs be fulfilled, which are written in the law . . . and in the prophets, and in the psalms, concerning Me": and (John 5:46): "If you did believe Moses, you would perhaps believe Me also; for he wrote of Me." Secondly, as a kind of disposition, since by withdrawing men from idolatrous worship, it enclosed (concludebat) them in the worship of one God, by Whom the human race was to be saved through Christ. Wherefore the Apostle says (Gal. 3:23): "Before the faith came, we were kept under the law shut up (conclusi), unto that faith which was to be revealed." Now it is evident that the same thing it is, which gives a disposition to the end, and which brings to the end; and when I say "the same," I mean that it does so either by itself or through its subjects. For the devil would not make a law whereby men would be led to Christ, Who was to cast him out, according to Matt. 12:26: "If Satan cast out Satan, his kingdom is divided" [Vulg.: 'he is divided against himself']. Therefore the Old Law was given by the same God, from Whom came salvation to man, through the grace of Christ.

ST Part 1, Question 98 ¶10

Reply Obj. 1: Nothing prevents a thing being not perfect simply, and yet perfect in respect of time: thus a boy is said to be perfect, not simply, but with regard to the condition of time. So, too, precepts that are given to children are perfect in comparison with the condition of those to whom they are given, although they are not perfect simply. Hence the Apostle says (Gal. 3:24): "The law was our pedagogue in Christ." Reply Obj. 2: Those works of God endure for ever which God so made that they would endure for ever; and these are His perfect works. But the Old Law was set aside when there came the perfection of grace; not as though it were evil, but as being weak and useless for this time; because, as the Apostle goes on to say, "the law brought nothing to perfection": hence he says (Gal. 3:25): "After the faith is come, we are no longer under a pedagogue."

ST Part 1, Question 98 ¶11

Reply Obj. 3: As stated above (Q. 79, A. 4), God sometimes permits certain ones to fall into sin, that they may thereby be humbled. So also did He wish to give such a law as men by their own forces could not fulfill, so that, while presuming on their own powers, they might find themselves to be sinners, and being humbled might have recourse to the help of grace. Reply Obj. 4: Although the Old Law did not suffice to save man, yet another help from God besides the Law was available for man, viz. faith in the Mediator, by which the fathers of old were justified even as we were. Accordingly God did not fail man by giving him insufficient aids to salvation. ________________________ THIRD ARTICLE [I-II, Q. 98, Art. 3] Whether the Old Law Was Given Through the Angels?

ST Part 1, Question 98 ¶12

Objection 1: It seems that the Old Law was not given through the angels, but immediately by God. For an angel means a "messenger"; so that the word "angel" denotes ministry, not lordship, according to Ps. 102:20, 21: "Bless the Lord, all ye His Angels . . . you ministers of His." But the Old Law is related to have been given by the Lord: for it is written (Ex. 20:1): "And the Lord spoke . . . these words," and further on: "I am the Lord Thy God." Moreover the same expression is often repeated in Exodus, and the later books of the Law. Therefore the Law was given by God immediately. Obj. 2: Further, according to John 1:17, "the Law was given by Moses." But Moses received it from God immediately: for it is written (Ex. 33:11): "The Lord spoke to Moses face to face, as a man is wont to speak to his friend." Therefore the Old Law was given by God immediately.

ST Part 1, Question 98 ¶13

Obj. 3: Further, it belongs to the sovereign alone to make a law, as stated above (Q. 90, A. 3). But God alone is Sovereign as regards the salvation of souls: while the angels are the "ministering spirits," as stated in Heb. 1:14. Therefore it was not meet for the Law to be given through the angels, since it is ordained to the salvation of souls. On the contrary, The Apostle said (Gal. 3:19) that the Law was "given [Vulg.: 'ordained'] by angels in the hand of a Mediator." And Stephen said (Acts 7:53): "(Who) have received the Law by the disposition of angels."

ST Part 1, Question 98 ¶14

I answer that, The Law was given by God through the angels. And besides the general reason given by Dionysius (Coel. Hier. iv), viz. that "the gifts of God should be brought to men by means of the angels," there is a special reason why the Old Law should have been given through them. For it has been stated (AA. 1, 2) that the Old Law was imperfect, and yet disposed man to that perfect salvation of the human race, which was to come through Christ. Now it is to be observed that wherever there is an order of powers or arts, he that holds the highest place, himself exercises the principal and perfect acts; while those things which dispose to the ultimate perfection are effected by him through his subordinates: thus the ship-builder himself rivets the planks together, but prepares the material by means of the workmen who assist him under his direction. Consequently it was fitting that the perfect law of the New Testament should be given by the incarnate God immediately; but that the Old Law should be given to men by the ministers of God, i.e. by the angels. It is thus that the Apostle at the beginning of his epistle to the Hebrews (1:2) proves the excellence of the New Law over the Old; because in the New Testament "God . . . hath spoken to us by His Son," whereas in the Old Testament "the word was spoken by angels" (Heb. 2:2).

ST Part 1, Question 98 ¶15

Reply Obj. 1: As Gregory says at the beginning of his Morals (Praef. chap. i), "the angel who is described to have appeared to Moses, is sometimes mentioned as an angel, sometimes as the Lord: an angel, in truth, in respect of that which was subservient to the external delivery; and the Lord, because He was the Director within, Who supported the effectual power of speaking." Hence also it is that the angel spoke as personating the Lord.

ST Part 1, Question 98 ¶16

Reply Obj. 2: As Augustine says (Gen. ad lit. xii, 27), it is stated in Exodus that "the Lord spoke to Moses face to face"; and shortly afterwards we read, "'Show me Thy glory.' Therefore He perceived what he saw and he desired what he saw not." Hence he did not see the very Essence of God; and consequently he was not taught by Him immediately. Accordingly when Scripture states that "He spoke to him face to face," this is to be understood as expressing the opinion of the people, who thought that Moses was speaking with God mouth to mouth, when God spoke and appeared to him, by means of a subordinate creature, i.e. an angel and a cloud. Again we may say that this vision "face to face" means some kind of sublime and familiar contemplation, inferior to the vision of the Divine Essence. Reply Obj. 3: It is for the sovereign alone to make a law by his own authority; but sometimes after making a law, he promulgates it through others. Thus God made the Law by His own authority, but He promulgated it through the angels. ________________________ FOURTH ARTICLE [I-II, Q, 98, Art. 4] Whether the Old Law Should Have Been Given to the Jews Alone?

ST Part 1, Question 98 ¶17

Objection 1: It would seem that the Old Law should not have been given to the Jews alone. For the Old Law disposed men for the salvation which was to come through Christ, as stated above (AA. 2, 3). But that salvation was to come not to the Jews alone but to all nations, according to Isa. 49:6: "It is a small thing that thou shouldst be my servant to raise up the tribes of Jacob, and to convert the dregs of Israel. Behold I have given thee to be the light of the Gentiles, that thou mayest be My salvation, even to the farthest part of the earth." Therefore the Old Law should have been given to all nations, and not to one people only. Obj. 2: Further, according to Acts 10:34, 35, "God is not a respecter of persons: but in every nation, he that feareth Him, and worketh justice, is acceptable to Him." Therefore the way of salvation should not have been opened to one people more than to another.

ST Part 1, Question 98 ¶18

Obj. 3: Further, the law was given through the angels, as stated above (A. 3). But God always vouchsafed the ministrations of the angels not to the Jews alone, but to all nations: for it is written (Ecclus. 17:14): "Over every nation He set a ruler." Also on all nations He bestows temporal goods, which are of less account with God than spiritual goods. Therefore He should have given the Law also to all peoples. On the contrary, It is written (Rom. 3:1, 2): "What advantage then hath the Jew? . . . Much every way. First indeed, because the words of God were committed to them": and (Ps. 147:9): "He hath not done in like manner to every nation: and His judgments He hath not made manifest unto them." I answer that, It might be assigned as a reason for the Law being given to the Jews rather than to other peoples, that the Jewish people alone remained faithful to the worship of one God, while the others turned away to idolatry; wherefore the latter were unworthy to receive the Law, lest a holy thing should be given to dogs.

ST Part 1, Question 98 ¶19

But this reason does not seem fitting: because that people turned to idolatry, even after the Law had been made, which was more grievous, as is clear from Ex. 32 and from Amos 5:25, 26: "Did you offer victims and sacrifices to Me in the desert for forty years, O house of Israel? But you carried a tabernacle for your Moloch, and the image of your idols, the star of your god, which you made to yourselves." Moreover it is stated expressly (Deut. 9:6): "Know therefore that the Lord thy God giveth thee not this excellent land in possession for thy justices, for thou art a very stiff-necked people": but the real reason is given in the preceding verse: "That the Lord might accomplish His word, which He promised by oath to thy fathers Abraham, Isaac, and Jacob."

ST Part 1, Question 98 ¶20

What this promise was is shown by the Apostle, who says (Gal. 3:16) that "to Abraham were the promises made and to his seed. He saith not, 'And to his seeds,' as of many: but as of one, 'And to thy seed,' which is Christ." And so God vouchsafed both the Law and other special boons to that people, on account of the promised made to their fathers that Christ should be born of them. For it was fitting that the people, of whom Christ was to be born, should be signalized by a special sanctification, according to the words of Lev. 19:2: "Be ye holy, because I . . . am holy." Nor again was it on account of the merit of Abraham himself that this promise was made to him, viz. that Christ should be born of his seed: but of gratuitous election and vocation. Hence it is written (Isa. 41:2): "Who hath raised up the just one form the east, hath called him to follow him?"

ST Part 1, Question 98 ¶21

It is therefore evident that it was merely from gratuitous election that the patriarchs received the promise, and that the people sprung from them received the law; according to Deut. 4:36, 37: "Ye did [Vulg.: 'Thou didst'] hear His words out of the midst of the fire, because He loved thy fathers, and chose their seed after them." And if again it asked why He chose this people, and not another, that Christ might be born thereof; a fitting answer is given by Augustine (Tract. super Joan. xxvi): "Why He draweth one and draweth not another, seek not thou to judge, if thou wish not to err." Reply Obj. 1: Although the salvation, which was to come through Christ, was prepared for all nations, yet it was necessary that Christ should be born of one people, which, for this reason, was privileged above other peoples; according to Rom. 9:4: "To whom," namely the Jews, "belongeth the adoption as of children (of God) . . . and the testament, and the giving of the Law . . . whose are the fathers, and of whom is Christ according to the flesh."

ST Part 1, Question 98 ¶22

Reply Obj. 2: Respect of persons takes place in those things which are given according to due; but it has no place in those things which are bestowed gratuitously. Because he who, out of generosity, gives of his own to one and not to another, is not a respecter of persons: but if he were a dispenser of goods held in common, and were not to distribute them according to personal merits, he would be a respecter of persons. Now God bestows the benefits of salvation on the human race gratuitously: wherefore He is not a respecter of persons, if He gives them to some rather than to others. Hence Augustine says (De Praedest. Sanct. viii): "All whom God teaches, he teaches out of pity; but whom He teaches not, out of justice He teaches not": for this is due to the condemnation of the human race for the sin of the first parent.

ST Part 1, Question 98 ¶23

Reply Obj. 3: The benefits of grace are forfeited by man on account of sin: but not the benefits of nature. Among the latter are the ministries of the angels, which the very order of various natures demands, viz. that the lowest beings be governed through the intermediate beings: and also bodily aids, which God vouchsafes not only to men, but also to beasts, according to Ps. 35:7: "Men and beasts Thou wilt preserve, O Lord." ________________________ FIFTH ARTICLE [I-II, Q. 98, Art. 5] Whether All Men Were Bound to Observe the Old Law? Objection 1: It would seem that all men were bound to observe the Old Law. Because whoever is subject to the king, must needs be subject to his law. But the Old Law was given by God, Who is "King of all the earth" (Ps. 46:8). Therefore all the inhabitants of the earth were bound to observe the Law. Obj. 2: Further, the Jews could not be saved without observing the Old Law: for it is written (Deut. 27:26): "Cursed be he that abideth not in the words of this law, and fulfilleth them not in work." If therefore other men could be saved without the observance of the Old Law, the Jews would be in a worse plight than other men.

ST Part 1, Question 98 ¶24

Obj. 3: Further, the Gentiles were admitted to the Jewish ritual and to the observances of the Law: for it is written (Ex. 12:48): "If any stranger be willing to dwell among you, and to keep the Phase of the Lord, all his males shall first be circumcised, and then shall he celebrate it according to the manner; and he shall be as he that is born in the land." But it would have been useless to admit strangers to the legal observances according to Divine ordinance, if they could have been saved without the observance of the Law. Therefore none could be saved without observing the Law. On the contrary, Dionysius says (Coel. Hier. ix) that many of the Gentiles were brought back to God by the angels. But it is clear that the Gentiles did not observe the Law. Therefore some could be saved without observing the Law.

ST Part 1, Question 98 ¶25

I answer that, The Old Law showed forth the precepts of the natural law, and added certain precepts of its own. Accordingly, as to those precepts of the natural law contained in the Old Law, all were bound to observe the Old Law; not because they belonged to the Old Law, but because they belonged to the natural law. But as to those precepts which were added by the Old Law, they were not binding on any save the Jewish people alone.

ST Part 1, Question 98 ¶26

The reason of this is because the Old Law, as stated above (A. 4), was given to the Jewish people, that it might receive a prerogative of holiness, in reverence for Christ Who was to be born of that people. Now whatever laws are enacted for the special sanctification of certain ones, are binding on them alone: thus clerics who are set aside for the service of God are bound to certain obligations to which the laity are not bound; likewise religious are bound by their profession to certain works of perfection, to which people living in the world are not bound. In like manner this people was bound to certain special observances, to which other peoples were not bound. Wherefore it is written (Deut. 18:13): "Thou shalt be perfect and without spot before the Lord thy God": and for this reason they used a kind of form of profession, as appears from Deut. 26:3: "I profess this day before the Lord thy God," etc. Reply Obj. 1: Whoever are subject to a king, are bound to observe his law which he makes for all in general. But if he orders certain things to be observed by the servants of his household, others are not bound thereto.

ST Part 1, Question 98 ¶27

Reply Obj. 2: The more a man is united to God, the better his state becomes: wherefore the more the Jewish people were bound to the worship of God, the greater their excellence over other peoples. Hence it is written (Deut. 4:8): "What other nation is there so renowned that hath ceremonies and just judgments, and all the law?" In like manner, from this point of view, the state of clerics is better than that of the laity, and the state of religious than that of folk living in the world. Reply Obj. 3: The Gentiles obtained salvation more perfectly and more securely under the observances of the Law than under the mere natural law: and for this reason they were admitted to them. So too the laity are now admitted to the ranks of the clergy, and secular persons to those of the religious, although they can be saved without this. ________________________ SIXTH ARTICLE [I-II, Q. 98, Art. 6] Whether the Old Law Was Suitably Given at the Time of Moses?

ST Part 1, Question 98 ¶28

Objection 1: It would seem that the Old Law was not suitably given at the time of Moses. Because the Old Law disposed man for the salvation which was to come through Christ, as stated above (AA. 2, 3). But man needed this salutary remedy immediately after he had sinned. Therefore the Law should have been given immediately after sin. Obj. 2: Further, the Old Law was given for the sanctification of those from whom Christ was to be born. Now the promise concerning the "seed, which is Christ" (Gal. 3:16) was first made to Abraham, as related in Gen. 12:7. Therefore the Law should have been given at once at the time of Abraham. Obj. 3: Further, as Christ was born of those alone who descended from Noe through Abraham, to whom the promise was made; so was He born of no other of the descendants of Abraham but David, to whom the promise was renewed, according to 2 Kings 23:1: "The man to whom it was appointed concerning the Christ of the God of Jacob . . . said." Therefore the Old Law should have been given after David, just as it was given after Abraham.

ST Part 1, Question 98 ¶29

On the contrary, The Apostle says (Gal. 3:19) that the Law "was set because of transgressions, until the seed should come, to whom He made the promise, being ordained by angels in the hand of a Mediator": ordained, i.e. "given in orderly fashion," as the gloss explains. Therefore it was fitting that the Old Law should be given in this order of time.

ST Part 1, Question 98 ¶30

I answer that, It was most fitting for the Law to be given at the time of Moses. The reason for this may be taken from two things in respect of which every law is imposed on two kinds of men. Because it is imposed on some men who are hard-hearted and proud, whom the law restrains and tames: and it is imposed on good men, who, through being instructed by the law, are helped to fulfil what they desire to do. Hence it was fitting that the Law should be given at such a time as would be appropriate for the overcoming of man's pride. For man was proud of two things, viz. of knowledge and of power. He was proud of his knowledge, as though his natural reason could suffice him for salvation: and accordingly, in order that his pride might be overcome in this matter, man was left to the guidance of his reason without the help of a written law: and man was able to learn from experience that his reason was deficient, since about the time of Abraham man had fallen headlong into idolatry and the most shameful vices. Wherefore, after those times, it was necessary for a written law to be given as a remedy for human ignorance: because "by the Law is the knowledge of sin" (Rom. 3:20). But, after man had been instructed by the Law, his pride was convinced of his weakness, through his being unable to fulfil what he knew. Hence, as the Apostle concludes (Rom. 8:3, 4), "what the Law could not do in that it was weak through the flesh, God sent [Vulg.: 'sending'] His own Son . . . that the justification of the Law might be fulfilled in us."

ST Part 1, Question 98 ¶31

With regard to good men, the Law was given to them as a help; which was most needed by the people, at the time when the natural law began to be obscured on account of the exuberance of sin: for it was fitting that this help should be bestowed on men in an orderly manner, so that they might be led from imperfection to perfection; wherefore it was becoming that the Old Law should be given between the law of nature and the law of grace. Reply Obj. 1: It was not fitting for the Old Law to be given at once after the sin of the first man: both because man was so confident in his own reason, that he did not acknowledge his need of the Old Law; because as yet the dictate of the natural law was not darkened by habitual sinning.

ST Part 1, Question 98 ¶32

Reply Obj. 2: A law should not be given save to the people, since it is a general precept, as stated above (Q. 90, AA. 2, 3); wherefore at the time of Abraham God gave men certain familiar, and, as it were, household precepts: but when Abraham's descendants had multiplied, so as to form a people, and when they had been freed from slavery, it was fitting that they should be given a law; for "slaves are not that part of the people or state to which it is fitting for the law to be directed," as the Philosopher says (Polit. iii, 2, 4, 5). Reply Obj. 3: Since the Law had to be given to the people, not only those, of whom Christ was born, received the Law, but the whole people, who were marked with the seal of circumcision, which was the sign of the promise made to Abraham, and in which he believed, according to Rom. 4:11: hence even before David, the Law had to be given to that people as soon as they were collected together. ________________________

ST Part 1, Question 99 ¶1

OF THE PRECEPTS OF THE OLD LAW (In Six Articles) We must now consider the precepts of the Old Law; and (1) how they are distinguished from one another; (2) each kind of precept. Under the first head there are six points of inquiry: (1) Whether the Old Law contains several precepts or only one? (2) Whether the Old Law contains any moral precepts? (3) Whether it contains ceremonial precepts in addition to the moral precepts? (4) Whether besides these it contains judicial precepts? (5) Whether it contains any others besides these? (6) How the Old Law induced men to keep its precepts. ________________________ FIRST ARTICLE [I-II, Q. 99, Art. 1] Whether the Old Law Contains Only One Precept? Objection 1: It would seem that the Old Law contains but one precept. Because a law is nothing else than a precept, as stated above (Q. 90, AA. 2, 3). Now there is but one Old Law. Therefore it contains but one precept. Obj. 2: Further, the Apostle says (Rom. 13:9): "If there be any other commandment, it is comprised in this word: Thou shalt love thy neighbor as thyself." But this is only one commandment. Therefore the Old Law contained but one commandment.

ST Part 1, Question 99 ¶2

Obj. 3: Further, it is written (Matt. 7:12): "All things . . . whatsoever you would that men should do to you, do you also to them. For this is the Law and the prophets." But the whole of the Old Law is comprised in the Law and the prophets. Therefore the whole of the Old Law contains but one commandment. On the contrary, The Apostle says (Eph. 2:15): "Making void the Law of commandments contained in decrees": where he is referring to the Old Law, as the gloss comments, on the passage. Therefore the Old Law comprises many commandments.

ST Part 1, Question 99 ¶3

I answer that, Since a precept of law is binding, it is about something which must be done: and, that a thing must be done, arises from the necessity of some end. Hence it is evident that a precept implies, in its very idea, relation to an end, in so far as a thing is commanded as being necessary or expedient to an end. Now many things may happen to be necessary or expedient to an end; and, accordingly, precepts may be given about various things as being ordained to one end. Consequently we must say that all the precepts of the Old Law are one in respect of their relation to one end: and yet they are many in respect of the diversity of those things that are ordained to that end. Reply Obj. 1: The Old Law is said to be one as being ordained to one end: yet it comprises various precepts, according to the diversity of the things which it directs to the end. Thus also the art of building is one according to the unity of its end, because it aims at the building of a house: and yet it contains various rules, according to the variety of acts ordained thereto.

ST Part 1, Question 99 ¶4

Reply Obj. 2: As the Apostle says (1 Tim. 1:5), "the end of the commandment is charity"; since every law aims at establishing friendship, either between man and man, or between man and God. Wherefore the whole Law is comprised in this one commandment, "Thou shalt love thy neighbor as thyself," as expressing the end of all commandments: because love of one's neighbor includes love of God, when we love our neighbor for God's sake. Hence the Apostle put this commandment in place of the two which are about the love of God and of one's neighbor, and of which Our Lord said (Matt. 22:40): "On these two commandments dependeth the whole Law and the prophets." Reply Obj. 3: As stated in Ethic. ix, 8, "friendship towards another arises from friendship towards oneself," in so far as man looks on another as on himself. Hence when it is said, "All things whatsoever you would that men should do to you, do you also to them," this is an explanation of the rule of neighborly love contained implicitly in the words, "Thou shalt love thy neighbor as thyself": so that it is an explanation of this commandment. ________________________ SECOND ARTICLE [I-II, Q. 99, Art. 2] Whether the Old Law Contains Moral Precepts?

ST Part 1, Question 99 ¶5

Objection 1: It would seem that the Old Law contains no moral precepts. For the Old Law is distinct from the law of nature, as stated above (Q. 91, AA. 4, 5; Q. 98, A. 5). But the moral precepts belong to the law of nature. Therefore they do not belong to the Old Law. Obj. 2: Further, the Divine Law should have come to man's assistance where human reason fails him: as is evident in regard to things that are of faith, which are above reason. But man's reason seems to suffice for the moral precepts. Therefore the moral precepts do not belong to the Old Law, which is a Divine law. Obj. 3: Further, the Old Law is said to be "the letter that killeth" (2 Cor. 3:6). But the moral precepts do not kill, but quicken, according to Ps. 118:93: "Thy justifications I will never forget, for by them Thou hast given me life." Therefore the moral precepts do not belong to the Old Law.

ST Part 1, Question 99 ¶6

On the contrary, It is written (Ecclus. 17:9): "Moreover, He gave them discipline [Douay: 'instructions'] and the law of life for an inheritance." Now discipline belongs to morals; for this gloss on Heb. 12:11: "Now all chastisement (disciplina)," etc., says: "Discipline is an exercise in morals by means of difficulties." Therefore the Law which was given by God comprised moral precepts. I answer that, The Old Law contained some moral precepts; as is evident from Ex. 20:13, 15: "Thou shalt not kill," "Thou shalt not steal." This was reasonable: because, just as the principal intention of human law is to create friendship between man and man; so the chief intention of the Divine law is to establish man in friendship with God. Now since likeness is the reason of love, according to Ecclus. 13:19: "Every beast loveth its like"; there cannot possibly be any friendship of man to God, Who is supremely good, unless man become good: wherefore it is written (Lev. 19:2; 11:45): "You shall be holy, for I am holy." But the goodness of man is virtue, which "makes its possessor good" (Ethic. ii, 6). Therefore it was necessary for the Old Law to include precepts about acts of virtue: and these are the moral precepts of the Law.

ST Part 1, Question 99 ¶7

Reply Obj. 1: The Old Law is distinct from the natural law, not as being altogether different from it, but as something added thereto. For just as grace presupposes nature, so must the Divine law presuppose the natural law.

ST Part 1, Question 99 ¶8

Reply Obj. 2: It was fitting that the Divine law should come to man's assistance not only in those things for which reason is insufficient, but also in those things in which human reason may happen to be impeded. Now human reason could not go astray in the abstract, as to the universal principles of the natural law; but through being habituated to sin, it became obscured in the point of things to be done in detail. But with regard to the other moral precepts, which are like conclusions drawn from the universal principles of the natural law, the reason of many men went astray, to the extend of judging to be lawful, things that are evil in themselves. Hence there was need for the authority of the Divine law to rescue man from both these defects. Thus among the articles of faith not only are those things set forth to which reason cannot reach, such as the Trinity of the Godhead; but also those to which right reason can attain, such as the Unity of the Godhead; in order to remove the manifold errors to which reason is liable.

ST Part 1, Question 99 ¶9

Reply Obj. 3: As Augustine proves (De Spiritu et Litera xiv), even the letter of the law is said to be the occasion of death, as to the moral precepts; in so far as, to wit, it prescribes what is good, without furnishing the aid of grace for its fulfilment. ________________________ THIRD ARTICLE [I-II, Q. 99, Art. 3] Whether the Old Law Comprises Ceremonial, Besides Moral, Precepts? Objection 1: It would seem that the Old Law does not comprise ceremonial, besides moral, precepts. For every law that is given to man is for the purpose of directing human actions. Now human actions are called moral, as stated above (Q. 1, A. 3). Therefore it seems that the Old Law given to men should not comprise other than moral precepts. Obj. 2: Further, those precepts that are styled ceremonial seem to refer to the Divine worship. But Divine worship is the act of a virtue, viz. religion, which, as Tully says (De Invent. ii) "offers worship and ceremony to the Godhead." Since, then, the moral precepts are about acts of virtue, as stated above (A. 2), it seems that the ceremonial precepts should not be distinct from the moral.

ST Part 1, Question 99 ¶10

Obj. 3: Further, the ceremonial precepts seem to be those which signify something figuratively. But, as Augustine observes (De Doctr. Christ. ii, 3, 4), "of all signs employed by men words hold the first place." Therefore there is no need for the Law to contain ceremonial precepts about certain figurative actions. On the contrary, It is written (Deut. 4:13, 14): "Ten words . . . He wrote in two tables of stone; and He commanded me at that time that I should teach you the ceremonies and judgments which you shall do." But the ten commandments of the Law are moral precepts. Therefore besides the moral precepts there are others which are ceremonial.

ST Part 1, Question 99 ¶11

I answer that, As stated above (A. 2), the Divine law is instituted chiefly in order to direct men to God; while human law is instituted chiefly in order to direct men in relation to one another. Hence human laws have not concerned themselves with the institution of anything relating to Divine worship except as affecting the common good of mankind: and for this reason they have devised many institutions relating to Divine matters, according as it seemed expedient for the formation of human morals; as may be seen in the rites of the Gentiles. On the other hand the Divine law directed men to one another according to the demands of that order whereby man is directed to God, which order was the chief aim of that law. Now man is directed to God not only by the interior acts of the mind, which are faith, hope, and love, but also by certain external works, whereby man makes profession of his subjection to God: and it is these works that are said to belong to the Divine worship. This worship is called "ceremony," - the munia, i.e. gifts, of Ceres (who was the goddess of fruits), as some say: because, at first, offerings were made to God from the fruits: or because, as Valerius Maximus states [*Fact. et Dict. Memor. i, 1], the word "ceremony" was introduced among the Latins, to signify the Divine worship, being derived from a town near Rome called "Caere": since, when Rome was taken by the Gauls, the sacred chattels of the Romans were taken thither and most carefully preserved. Accordingly those precepts of the Law which refer to the Divine worship are specially called ceremonial.

ST Part 1, Question 99 ¶12

Reply Obj. 1: Human acts extend also to the Divine worship: and therefore the Old Law given to man contains precepts about these matters also. Reply Obj. 2: As stated above (Q. 91, A. 3), the precepts of the natural law are general, and require to be determined: and they are determined both by human law and by Divine law. And just as these very determinations which are made by human law are said to be, not of natural, but of positive law; so the determinations of the precepts of the natural law, effected by the Divine law, are distinct from the moral precepts which belong to the natural law. Wherefore to worship God, since it is an act of virtue, belongs to a moral precept; but the determination of this precept, namely that He is to be worshipped by such and such sacrifices, and such and such offerings, belongs to the ceremonial precepts. Consequently the ceremonial precepts are distinct from the moral precepts.

ST Part 1, Question 99 ¶13

Reply Obj. 3: As Dionysius says (Coel. Hier. i), the things of God cannot be manifested to men except by means of sensible similitudes. Now these similitudes move the soul more when they are not only expressed in words, but also offered to the senses. Wherefore the things of God are set forth in the Scriptures not only by similitudes expressed in words, as in the case of metaphorical expressions; but also by similitudes of things set before the eyes, which pertains to the ceremonial precepts. ________________________ FOURTH ARTICLE [I-II, Q. 99, Art. 4] Whether, Besides the Moral and Ceremonial Precepts, There Are Also Judicial Precepts? Objection 1: It would seem that there are no judicial precepts in addition to the moral and ceremonial precepts in the Old Law. For Augustine says (Contra Faust. vi, 2) that in the Old Law there are "precepts concerning the life we have to lead, and precepts regarding the life that is foreshadowed." Now the precepts of the life we have to lead are moral precepts; and the precepts of the life that is foreshadowed are ceremonial. Therefore besides these two kinds of precepts we should not put any judicial precepts in the Law.

ST Part 1, Question 99 ¶14

Obj. 2: Further, a gloss on Ps. 118:102, "I have not declined from Thy judgments," says, i.e. "from the rule of life Thou hast set for me." But a rule of life belongs to the moral precepts. Therefore the judicial precepts should not be considered as distinct from the moral precepts. Obj. 3: Further, judgment seems to be an act of justice, according to Ps. 93:15: "Until justice be turned into judgment." But acts of justice, like the acts of other virtues, belong to the moral precepts. Therefore the moral precepts include the judicial precepts, and consequently should not be held as distinct from them. On the contrary, It is written (Deut. 6:1): "These are the precepts and ceremonies, and judgments": where "precepts" stands for "moral precepts" antonomastically. Therefore there are judicial precepts besides moral and ceremonial precepts.

ST Part 1, Question 99 ¶15

I answer that, As stated above (AA. 2, 3), it belongs to the Divine law to direct men to one another and to God. Now each of these belongs in the abstract to the dictates of the natural law, to which dictates the moral precepts are to be referred: yet each of them has to be determined by Divine or human law, because naturally known principles are universal, both in speculative and in practical matters. Accordingly just as the determination of the universal principle about Divine worship is effected by the ceremonial precepts, so the determination of the general precepts of that justice which is to be observed among men is effected by the judicial precepts. We must therefore distinguish three kinds of precept in the Old Law; viz. moral precepts, which are dictated by the natural law; ceremonial precepts, which are determinations of the Divine worship; and judicial precepts, which are determinations of the justice to be maintained among men. Wherefore the Apostle (Rom. 7:12) after saying that the "Law is holy," adds that "the commandment is just, and holy, and good": "just," in respect of the judicial precepts; "holy," with regard to the ceremonial precepts (since the word "sanctus" - "holy" - is applied to that which is consecrated to God); and "good," i.e. conducive to virtue, as to the moral precepts.

ST Part 1, Question 99 ¶16

Reply Obj. 1: Both the moral and the judicial precepts aim at the ordering of human life: and consequently they are both comprised under one of the heads mentioned by Augustine, viz. under the precepts of the life we have to lead. Reply Obj. 2: Judgment denotes execution of justice, by an application of the reason to individual cases in a determinate way. Hence the judicial precepts have something in common with the moral precepts, in that they are derived from reason; and something in common with the ceremonial precepts, in that they are determinations of general precepts. This explains why sometimes "judgments" comprise both judicial and moral precepts, as in Deut. 5:1: "Hear, O Israel, the ceremonies and judgments"; and sometimes judicial and ceremonial precepts, as in Lev. 18:4: "You shall do My judgments, and shall observe My precepts," where "precepts" denotes moral precepts, while "judgments" refers to judicial and ceremonial precepts. Reply Obj. 3: The act of justice, in general, belongs to the moral precepts; but its determination to some special kind of act belongs to the judicial precepts. ________________________ FIFTH ARTICLE [I-II, Q. 99, Art. 5] Whether the Old Law Contains Any Others Besides the Moral, Judicial, and Ceremonial Precepts?

ST Part 1, Question 99 ¶17

Objection 1: It would seem that the Old Law contains others besides the moral, judicial, and ceremonial precepts. Because the judicial precepts belong to the act of justice, which is between man and man; while the ceremonial precepts belong to the act of religion, whereby God is worshipped. Now besides these there are many other virtues, viz. temperance, fortitude, liberality, and several others, as stated above (Q. 60, A. 5). Therefore besides the aforesaid precepts, the Old Law should comprise others. Obj. 2: Further, it is written (Deut. 11:1): "Love the Lord thy God, and observe His precepts and ceremonies, His judgments and commandments." Now precepts concern moral matters, as stated above (A. 4). Therefore besides the moral, judicial and ceremonial precepts, the Law contains others which are called "commandments." [*The "commandments" (mandata) spoken of here and in the body of this article are not to be confused with the Commandments (praecepta) in the ordinary acceptance of the word.] Obj. 3: Further, it is written (Deut. 6:17): "Keep the precepts of the Lord thy God, and the testimonies and ceremonies which I have [Vulg.: 'He hath'] commanded thee." Therefore in addition to the above, the Law comprises "testimonies."

ST Part 1, Question 99 ¶18

Obj. 4: Further, it is written (Ps. 118:93): "Thy justifications (i.e. "Thy Law," according to a gloss) I will never forget." Therefore in the Old Law there are not only moral, ceremonial and judicial precepts, but also others, called "justifications." On the contrary, It is written (Deut. 6:1): "These are the precepts and ceremonies and judgments which the Lord your God commanded . . . you." And these words are placed at the beginning of the Law. Therefore all the precepts of the Law are included under them.

ST Part 1, Question 99 ¶19

I answer that, Some things are included in the Law by way of precept; other things, as being ordained to the fulfilment of the precepts. Now the precepts refer to things which have to be done: and to their fulfilment man is induced by two considerations, viz. the authority of the lawgiver, and the benefit derived from the fulfilment, which benefit consists in the attainment of some good, useful, pleasurable or virtuous, or in the avoidance of some contrary evil. Hence it was necessary that in the Old Law certain things should be set forth to indicate the authority of God the lawgiver: e.g. Deut. 6:4: "Hear, O Israel, the Lord our God is one Lord"; and Gen. 1:1: "In the beginning God created heaven and earth": and these are called "testimonies." Again it was necessary that in the Law certain rewards should be appointed for those who observe the Law, and punishments for those who transgress; as it may be seen in Deut. 28: "If thou wilt hear the voice of the Lord thy God . . . He will make thee higher than all the nations," etc.: and these are called "justifications," according as God punishes or rewards certain ones justly.

ST Part 1, Question 99 ¶20

The things that have to be done do not come under the precept except in so far as they have the character of a duty. Now a duty is twofold: one according to the rule of reason; the other according to the rule of a law which prescribes that duty: thus the Philosopher distinguishes a twofold just - moral and legal (Ethic. v, 7).

ST Part 1, Question 99 ¶21

Moral duty is twofold: because reason dictates that something must be done, either as being so necessary that without it the order of virtue would be destroyed; or as being useful for the better maintaining of the order of virtue. And in this sense some of the moral precepts are expressed by way of absolute command or prohibition, as "Thou shalt not kill," "Thou shalt not steal": and these are properly called "precepts." Other things are prescribed or forbidden, not as an absolute duty, but as something better to be done. These may be called "commandments"; because they are expressed by way of inducement and persuasion: an example whereof is seen in Ex. 22:26: "If thou take of thy neighbor a garment in pledge, thou shalt give it him again before sunset"; and in other like cases. Wherefore Jerome (Praefat. in Comment. super Marc.) says that "justice is in the precepts, charity in the commandments." Duty as fixed by the Law, belongs to the judicial precepts, as regards human affairs; to the ceremonial precepts, as regards Divine matters.

ST Part 1, Question 99 ¶22

Nevertheless those ordinances also which refer to punishments and rewards may be called "testimonies," in so far as they testify to the Divine justice. Again all the precepts of the Law may be styled "justifications," as being executions of legal justice. Furthermore the commandments may be distinguished from the precepts, so that those things be called "precepts" which God Himself prescribed; and those things "commandments" which He enjoined (mandavit) through others, as the very word seems to denote. From this it is clear that all the precepts of the Law are either moral, ceremonial, or judicial; and that other ordinances have not the character of a precept, but are directed to the observance of the precepts, as stated above. Reply Obj. 1: Justice alone, of all the virtues, implies the notion of duty. Consequently moral matters are determinable by law in so far as they belong to justice: of which virtue religion is a part, as Tully says (De Invent. ii). Wherefore the legal just cannot be anything foreign to the ceremonial and judicial precepts. The Replies to the other Objections are clear from what has been said. ________________________ SIXTH ARTICLE [I-II, Q. 99, Art. 6] Whether the Old Law Should Have Induced Men to the Observance of Its Precepts, by Means of Temporal Promises and Threats?

ST Part 1, Question 99 ¶23

Objection 1: It would seem that the Old Law should not have induced men to the observance of its precepts, by means of temporal promises and threats. For the purpose of the Divine law is to subject man to God by fear and love: hence it is written (Deut. 10:12): "And now, Israel, what doth the Lord thy God require of thee, but that thou fear the Lord thy God, and walk in His ways, and love Him?" But the desire for temporal goods leads man away from God: for Augustine says (Qq. lxxxiii, qu. 36), that "covetousness is the bane of charity." Therefore temporal promises and threats seem to be contrary to the intention of a lawgiver: and this makes a law worthy of rejection, as the Philosopher declares (Polit. ii, 6). Obj. 2: Further, the Divine law is more excellent than human law. Now, in sciences, we notice that the loftier the science, the higher the means of persuasion that it employs. Therefore, since human law employs temporal threats and promises, as means of persuading man, the Divine law should have used, not these, but more lofty means.

ST Part 1, Question 99 ¶24

Obj. 3: Further, the reward of righteousness and the punishment of guilt cannot be that which befalls equally the good and the wicked. But as stated in Eccles. 9:2, "all" temporal "things equally happen to the just and to the wicked, to the good and the evil, to the clean and to the unclean, to him that offereth victims, and to him that despiseth sacrifices." Therefore temporal goods or evils are not suitably set forth as punishments or rewards of the commandments of the Divine law. On the contrary, It is written (Isa. 1:19, 20): "If you be willing, and will hearken to Me, you shall eat the good things of the land. But if you will not, and will provoke Me to wrath: the sword shall devour you."

ST Part 1, Question 99 ¶25

I answer that, As in speculative sciences men are persuaded to assent to the conclusions by means of syllogistic arguments, so too in every law, men are persuaded to observe its precepts by means of punishments and rewards. Now it is to be observed that, in speculative sciences, the means of persuasion are adapted to the conditions of the pupil: wherefore the process of argument in sciences should be ordered becomingly, so that the instruction is based on principles more generally known. And thus also he who would persuade a man to the observance of any precepts, needs to move him at first by things for which he has an affection; just as children are induced to do something, by means of little childish gifts. Now it has been said above (Q. 98, AA. 1, 2, 3) that the Old Law disposed men to (the coming of) Christ, as the imperfect in comparison disposes to the perfect, wherefore it was given to a people as yet imperfect in comparison to the perfection which was to result from Christ's coming: and for this reason, that people is compared to a child that is still under a pedagogue (Gal. 3:24). But the perfection of man consists in his despising temporal things and cleaving to things spiritual, as is clear from the words of the Apostle (Phil. 3:13, 15): "Forgetting the things that are behind, I stretch [Vulg.: 'and stretching'] forth myself to those that are before . . . Let us therefore, as many as are perfect, be thus minded." Those who are yet imperfect desire temporal goods, albeit in subordination to God: whereas the perverse place their end in temporalities. It was therefore fitting that the Old Law should conduct men to God by means of temporal goods for which the imperfect have an affection.

ST Part 1, Question 99 ¶26

Reply Obj. 1: Covetousness whereby man places his end in temporalities, is the bane of charity. But the attainment of temporal goods which man desires in subordination to God is a road leading the imperfect to the love of God, according to Ps. 48:19: "He will praise Thee, when Thou shalt do well to him." Reply Obj. 2: Human law persuades men by means of temporal rewards or punishments to be inflicted by men: whereas the Divine law persuades men by means of rewards or punishments to be received from God. In this respect it employs higher means.

ST Part 1, Question 99 ¶27

Reply Obj. 3: As any one can see, who reads carefully the story of the Old Testament, the common weal of the people prospered under the Law as long as they obeyed it; and as soon as they departed from the precepts of the Law they were overtaken by many calamities. But certain individuals, although they observed the justice of the Law, met with misfortunes - either because they had already become spiritual (so that misfortune might withdraw them all the more from attachment to temporal things, and that their virtue might be tried) - or because, while outwardly fulfilling the works of the Law, their heart was altogether fixed on temporal goods, and far removed from God, according to Isa. 29:13 (Matt. 15:8): "This people honoreth Me with their lips; but their hearts is far from Me." ________________________

ST Part 1, Question 100 ¶1

OF THE MORAL PRECEPTS OF THE OLD LAW (In Twelve Articles) We must now consider each kind of precept of the Old Law: and (1) the moral precepts, (2) the ceremonial precepts, (3) the judicial precepts. Under the first head there are twelve points of inquiry: (1) Whether all the moral precepts of the Old Law belong to the law of nature? (2) Whether the moral precepts of the Old Law are about the acts of all the virtues? (3) Whether all the moral precepts of the Old Law are reducible to the ten precepts of the decalogue? (4) How the precepts of the decalogue are distinguished from one another? (5) Their number; (6) Their order; (7) The manner in which they were given; (8) Whether they are dispensable? (9) Whether the mode of observing a virtue comes under the precept of the Law? (10) Whether the mode of charity comes under the precept? (11) The distinction of other moral precepts; (12) Whether the moral precepts of the Old Law justified man? ________________________ FIRST ARTICLE [I-II, Q. 100, Art. 1] Whether All the Moral Precepts of the Old Law Belong to the Law of Nature?

ST Part 1, Question 100 ¶2

Objection 1: It would seem that not all the moral precepts belong to the law of nature. For it is written (Ecclus. 17:9): "Moreover He gave them instructions, and the law of life for an inheritance." But instruction is in contradistinction to the law of nature; since the law of nature is not learnt, but instilled by natural instinct. Therefore not all the moral precepts belong to the natural law. Obj. 2: Further, the Divine law is more perfect than human law. But human law adds certain things concerning good morals, to those that belong to the law of nature: as is evidenced by the fact that the natural law is the same in all men, while these moral institutions are various for various people. Much more reason therefore was there why the Divine law should add to the law of nature, ordinances pertaining to good morals. Obj. 3: Further, just as natural reason leads to good morals in certain matters, so does faith: hence it is written (Gal. 5:6) that faith "worketh by charity." But faith is not included in the law of nature; since that which is of faith is above nature. Therefore not all the moral precepts of the Divine law belong to the law of nature.

ST Part 1, Question 100 ¶3

On the contrary, The Apostle says (Rom. 2:14) that "the Gentiles, who have not the Law, do by nature those things that are of the Law": which must be understood of things pertaining to good morals. Therefore all the moral precepts of the Law belong to the law of nature.

ST Part 1, Question 100 ¶4

I answer that, The moral precepts, distinct from the ceremonial and judicial precepts, are about things pertaining of their very nature to good morals. Now since human morals depend on their relation to reason, which is the proper principle of human acts, those morals are called good which accord with reason, and those are called bad which are discordant from reason. And as every judgment of speculative reason proceeds from the natural knowledge of first principles, so every judgment of practical reason proceeds from principles known naturally, as stated above (Q. 94, AA. 2, 4): from which principles one may proceed in various ways to judge of various matters. For some matters connected with human actions are so evident, that after very little consideration one is able at once to approve or disapprove of them by means of these general first principles: while some matters cannot be the subject of judgment without much consideration of the various circumstances, which all are not competent to do carefully, but only those who are wise: just as it is not possible for all to consider the particular conclusions of sciences, but only for those who are versed in philosophy: and lastly there are some matters of which man cannot judge unless he be helped by Divine instruction; such as the articles of faith.

ST Part 1, Question 100 ¶5

It is therefore evident that since the moral precepts are about matters which concern good morals; and since good morals are those which are in accord with reason; and since also every judgment of human reason must needs by derived in some way from natural reason; it follows, of necessity, that all the moral precepts belong to the law of nature; but not all in the same way. For there are certain things which the natural reason of every man, of its own accord and at once, judges to be done or not to be done: e.g. "Honor thy father and thy mother," and "Thou shalt not kill," "Thou shalt not steal": and these belong to the law of nature absolutely. And there are certain things which, after a more careful consideration, wise men deem obligatory. Such belong to the law of nature, yet so that they need to be inculcated, the wiser teaching the less wise: e.g. "Rise up before the hoary head, and honor the person of the aged man," and the like. And there are some things, to judge of which, human reason needs Divine instruction, whereby we are taught about the things of God: e.g. "Thou shalt not make to thyself a graven thing, nor the likeness of anything"; "Thou shalt not take the name of the Lord thy God in vain."

ST Part 1, Question 100 ¶6

This suffices for the Replies to the Objections. ________________________ SECOND ARTICLE [I-II, Q. 100, Art. 2] Whether the Moral Precepts of the Law Are About All the Acts of Virtue? Objection 1: It would seem that the moral precepts of the Law are not about all the acts of virtue. For observance of the precepts of the Old Law is called justification, according to Ps. 118:8: "I will keep Thy justifications." But justification is the execution of justice. Therefore the moral precepts are only about acts of justice. Obj. 2: Further, that which comes under a precept has the character of a duty. But the character of duty belongs to justice alone and to none of the other virtues, for the proper act of justice consists in rendering to each one his due. Therefore the precepts of the moral law are not about the acts of the other virtues, but only about the acts of justice. Obj. 3: Further, every law is made for the common good, as Isidore says (Etym. v, 21). But of all the virtues justice alone regards the common good, as the Philosopher says (Ethic. v, 1). Therefore the moral precepts are only about the acts of justice.

ST Part 1, Question 100 ¶7

On the contrary, Ambrose says (De Paradiso viii) that "a sin is a transgression of the Divine law, and a disobedience to the commandments of heaven." But there are sins contrary to all the acts of virtue. Therefore it belongs to Divine law to direct all the acts of virtue.

ST Part 1, Question 100 ¶8

I answer that, Since the precepts of the Law are ordained to the common good, as stated above (Q. 90, A. 2), the precepts of the Law must needs be diversified according to the various kinds of community: hence the Philosopher (Polit. iv, 1) teaches that the laws which are made in a state which is ruled by a king must be different from the laws of a state which is ruled by the people, or by a few powerful men in the state. Now human law is ordained for one kind of community, and the Divine law for another kind. Because human law is ordained for the civil community, implying mutual duties of man and his fellows: and men are ordained to one another by outward acts, whereby men live in communion with one another. This life in common of man with man pertains to justice, whose proper function consists in directing the human community. Wherefore human law makes precepts only about acts of justice; and if it commands acts of other virtues, this is only in so far as they assume the nature of justice, as the Philosopher explains (Ethic. v, 1).

ST Part 1, Question 100 ¶9

But the community for which the Divine law is ordained, is that of men in relation to God, either in this life or in the life to come. And therefore the Divine law proposes precepts about all those matters whereby men are well ordered in their relations to God. Now man is united to God by his reason or mind, in which is God's image. Wherefore the Divine law proposes precepts about all those matters whereby human reason is well ordered. But this is effected by the acts of all the virtues: since the intellectual virtues set in good order the acts of the reason in themselves: while the moral virtues set in good order the acts of the reason in reference to the interior passions and exterior actions. It is therefore evident that the Divine law fittingly proposes precepts about the acts of all the virtues: yet so that certain matters, without which the order of virtue, which is the order of reason, cannot even exist, come under an obligation of precept; while other matters, which pertain to the well-being of perfect virtue, come under an admonition of counsel.

ST Part 1, Question 100 ¶10

Reply Obj. 1: The fulfilment of the commandments of the Law, even of those which are about the acts of the other virtues, has the character of justification, inasmuch as it is just that man should obey God: or again, inasmuch as it is just that all that belongs to man should be subject to reason. Reply Obj. 2: Justice properly so called regards the duty of one man to another: but all the other virtues regard the duty of the lower powers to reason. It is in relation to this latter duty that the Philosopher speaks (Ethic. v, 11) of a kind of metaphorical justice. The Reply to the Third Objection is clear from what has been said about the different kinds of community. ________________________ THIRD ARTICLE [I-II, Q. 100, Art. 3] Whether All the Moral Precepts of the Old Law Are Reducible to the Ten Precepts of the Decalogue?

ST Part 1, Question 100 ¶11

Objection 1: It would seem that not all the moral precepts of the Old Law are reducible to the ten precepts of the decalogue. For the first and principal precepts of the Law are, "Thou shalt love the Lord thy God," and "Thou shalt love thy neighbor," as stated in Matt. 22:37, 39. But these two are not contained in the precepts of the decalogue. Therefore not all the moral precepts are contained in the precepts of the decalogue. Obj. 2: Further, the moral precepts are not reducible to the ceremonial precepts, but rather vice versa. But among the precepts of the decalogue, one is ceremonial, viz. "Remember that thou keep holy the Sabbath-day." Therefore the moral precepts are not reducible to all the precepts of the decalogue. Obj. 3: Further, the moral precepts are about all the acts of virtue. But among the precepts of the decalogue are only such as regard acts of justice; as may be seen by going through them all. Therefore the precepts of the decalogue do not include all the moral precepts.

ST Part 1, Question 100 ¶12

On the contrary, The gloss on Matt. 5:11: "Blessed are ye when they shall revile you," etc. says that "Moses, after propounding the ten precepts, set them out in detail." Therefore all the precepts of the Law are so many parts of the precepts of the decalogue.

ST Part 1, Question 100 ¶13

I answer that, The precepts of the decalogue differ from the other precepts of the Law, in the fact that God Himself is said to have given the precepts of the decalogue; whereas He gave the other precepts to the people through Moses. Wherefore the decalogue includes those precepts the knowledge of which man has immediately from God. Such are those which with but slight reflection can be gathered at once from the first general principles: and those also which become known to man immediately through divinely infused faith. Consequently two kinds of precepts are not reckoned among the precepts of the decalogue: viz. first general principles, for they need no further promulgation after being once imprinted on the natural reason to which they are self-evident; as, for instance, that one should do evil to no man, and other similar principles: and again those which the careful reflection of wise men shows to be in accord with reason; since the people receive these principles from God, through being taught by wise men. Nevertheless both kinds of precepts are contained in the precepts of the decalogue; yet in different ways. For the first general principles are contained in them, as principles in their proximate conclusions; while those which are known through wise men are contained, conversely, as conclusions in their principles.

ST Part 1, Question 100 ¶14

Reply Obj. 1: Those two principles are the first general principles of the natural law, and are self-evident to human reason, either through nature or through faith. Wherefore all the precepts of the decalogue are referred to these, as conclusions to general principles. Reply Obj. 2: The precept of the Sabbath observance is moral in one respect, in so far as it commands man to give some time to the things of God, according to Ps. 45:11: "Be still and see that I am God." In this respect it is placed among the precepts of the decalogue: but not as to the fixing of the time, in which respect it is a ceremonial precept. Reply Obj. 3: The notion of duty is not so patent in the other virtues as it is in justice. Hence the precepts about the acts of the other virtues are not so well known to the people as are the precepts about acts of justice. Wherefore the acts of justice especially come under the precepts of the decalogue, which are the primary elements of the Law. ________________________ FOURTH ARTICLE [I-II, Q. 100, Art. 4] Whether the Precepts of the Decalogue Are Suitably Distinguished from One Another?

ST Part 1, Question 100 ¶15

Objection 1: It would seem that the precepts of the decalogue are unsuitably distinguished from one another. For worship is a virtue distinct from faith. Now the precepts are about acts of virtue. But that which is said at the beginning of the decalogue, "Thou shalt not have strange gods before Me," belongs to faith: and that which is added, "Thou shalt not make . . . any graven thing," etc. belongs to worship. Therefore these are not one precept, as Augustine asserts (Qq. in Exod. qu. lxxi), but two. Obj. 2: Further, the affirmative precepts in the Law are distinct from the negative precepts; e.g. "Honor thy father and thy mother," and, "Thou shalt not kill." But this, "I am the Lord thy God," is affirmative: and that which follows, "Thou shalt not have strange gods before Me," is negative. Therefore these are two precepts, and do not, as Augustine says (Qq. in Exod. qu. lxxi), make one. Obj. 3: Further, the Apostle says (Rom. 7:7): "I had not known concupiscence, if the Law did not say: 'Thou shalt not covet.'" Hence it seems that this precept, "Thou shalt not covet," is one precept; and, therefore, should not be divided into two.

ST Part 1, Question 100 ¶16

On the contrary, stands the authority of Augustine who, in commenting on Exodus (Qq. in Exod. qu. lxxi) distinguishes three precepts as referring to God, and seven as referring to our neighbor. I answer that, The precepts of the decalogue are differently divided by different authorities. For Hesychius commenting on Lev. 26:26, "Ten women shall bake your bread in one oven," says that the precept of the Sabbath-day observance is not one of the ten precepts, because its observance, in the letter, is not binding for all time. But he distinguishes four precepts pertaining to God, the first being, "I am the Lord thy God"; the second, "Thou shalt not have strange gods before Me," (thus also Jerome distinguishes these two precepts, in his commentary on Osee 10:10, "On thy" [Vulg.: "their"] "two iniquities"); the third precept according to him is, "Thou shalt not make to thyself any graven thing"; and the fourth, "Thou shalt not take the name of the Lord thy God in vain." He states that there are six precepts pertaining to our neighbor; the first, "Honor thy father and thy mother"; the second, "Thou shalt not kill"; the third, "Thou shalt not commit adultery"; the fourth, "Thou shalt not steal"; the fifth, "Thou shalt not bear false witness"; the sixth, "Thou shalt not covet."

ST Part 1, Question 100 ¶17

But, in the first place, it seems unbecoming for the precept of the Sabbath-day observance to be put among the precepts of the decalogue, if it nowise belonged to the decalogue. Secondly, because, since it is written (Matt. 6:24), "No man can serve two masters," the two statements, "I am the Lord thy God," and, "Thou shalt not have strange gods before Me" seem to be of the same nature and to form one precept. Hence Origen (Hom. viii in Exod.) who also distinguishes four precepts as referring to God, unites these two under one precept; and reckons in the second place, "Thou shalt not make . . . any graven thing"; as third, "Thou shalt not take the name of the Lord thy God in vain"; and as fourth, "Remember that thou keep holy the Sabbath-day." The other six he reckons in the same way as Hesychius.

ST Part 1, Question 100 ¶18

Since, however, the making of graven things or the likeness of anything is not forbidden except as to the point of their being worshipped as gods - for God commanded an image of the Seraphim [Vulg.: Cherubim] to be made and placed in the tabernacle, as related in Ex. 25:18 - Augustine more fittingly unites these two, "Thou shalt not have strange gods before Me," and, "Thou shalt not make . . . any graven thing," into one precept. Likewise to covet another's wife, for the purpose of carnal knowledge, belongs to the concupiscence of the flesh; whereas, to covet other things, which are desired for the purpose of possession, belongs to the concupiscence of the eyes; wherefore Augustine reckons as distinct precepts, that which forbids the coveting of another's goods, and that which prohibits the coveting of another's wife. Thus he distinguishes three precepts as referring to God, and seven as referring to our neighbor. And this is better.

ST Part 1, Question 100 ¶19

Reply Obj. 1: Worship is merely a declaration of faith: wherefore the precepts about worship should not be reckoned as distinct from those about faith. Nevertheless precepts should be given about worship rather than about faith, because the precept about faith is presupposed to the precepts of the decalogue, as is also the precept of charity. For just as the first general principles of the natural law are self-evident to a subject having natural reason, and need no promulgation; so also to believe in God is a first and self-evident principle to a subject possessed of faith: "for he that cometh to God, must believe that He is" (Heb. 11:6). Hence it needs no other promulgation that the infusion of faith.

ST Part 1, Question 100 ¶20

Reply Obj. 2: The affirmative precepts are distinct from the negative, when one is not comprised in the other: thus that man should honor his parents does not include that he should not kill another man; nor does the latter include the former. But when an affirmative precept is included in a negative, or vice versa, we do not find that two distinct precepts are given: thus there is not one precept saying that "Thou shalt not steal," and another binding one to keep another's property intact, or to give it back to its owner. In the same way there are not different precepts about believing in God, and about not believing in strange gods. Reply Obj. 3: All covetousness has one common ratio: and therefore the Apostle speaks of the commandment about covetousness as though it were one. But because there are various special kinds of covetousness, therefore Augustine distinguishes different prohibitions against coveting: for covetousness differs specifically in respect of the diversity of actions or things coveted, as the Philosopher says (Ethic. x, 5). ________________________ FIFTH ARTICLE [I-II, Q. 100, Art. 5] Whether the Precepts of the Decalogue Are Suitably Set Forth?

ST Part 1, Question 100 ¶21

Objection 1: It would seem that the precepts of the decalogue are unsuitably set forth. Because sin, as stated by Ambrose (De Paradiso viii), is "a transgression of the Divine law and a disobedience to the commandments of heaven." But sins are distinguished according as man sins against God, or his neighbor, or himself. Since, then, the decalogue does not include any precepts directing man in his relations to himself, but only such as direct him in his relations to God and himself, it seems that the precepts of the decalogue are insufficiently enumerated. Obj. 2: Further, just as the Sabbath-day observance pertained to the worship of God, so also did the observance of other solemnities, and the offering of sacrifices. But the decalogue contains a precept about the Sabbath-day observance. Therefore it should contain others also, pertaining to the other solemnities, and to the sacrificial rite. Obj. 3: Further, as sins against God include the sin of perjury, so also do they include blasphemy, or other ways of lying against the teaching of God. But there is a precept forbidding perjury, "Thou shalt not take the name of the Lord thy God in vain." Therefore there should be also a precept of the decalogue forbidding blasphemy and false doctrine.

ST Part 1, Question 100 ¶22

Obj. 4: Further, just as man has a natural affection for his parents, so has he also for his children. Moreover the commandment of charity extends to all our neighbors. Now the precepts of the decalogue are ordained unto charity, according to 1 Tim. 1:5: "The end of the commandment is charity." Therefore as there is a precept referring to parents, so should there have been some precepts referring to children and other neighbors. Obj. 5: Further, in every kind of sin, it is possible to sin in thought or in deed. But in some kinds of sin, namely in theft and adultery, the prohibition of sins of deed, when it is said, "Thou shalt not commit adultery, Thou shalt not steal," is distinct from the prohibition of the sin of thought, when it is said, "Thou shalt not covet thy neighbor's goods," and, "Thou shalt not covet thy neighbor's wife." Therefore the same should have been done in regard to the sins of homicide and false witness.