Summa Theologica Part II (Pars Prima Secundae) Part 158

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_I answer that,_ The highest wisdom is contained in the precepts of the Divine law: wherefore it is written (Deut. 4:6): "This is your wisdom and understanding in the sight of nations." Now it belongs to wisdom to arrange all things in due manner and order. Therefore it must be evident that the precepts of the Law are suitably set forth.

Reply Obj. 1: Affirmation of one thing always leads to the denial of its opposite: but the denial of one opposite does not always lead to the affirmation of the other. For it follows that if a thing is white, it is not black: but it does not follow that if it is not black, it is white: because negation extends further than affirmation. And hence too, that one ought not to do harm to another, which pertains to the negative precepts, extends to more persons, as a primary dictate of reason, than that one ought to do someone a service or kindness. Nevertheless it is a primary dictate of reason that man is a debtor in the point of rendering a service or kindness to those from whom he has received kindness, if he has not yet repaid the debt. Now there are two whose favors no man can sufficiently repay, viz. G.o.d and man's father, as stated in _Ethic._ viii, 14.

Therefore it is that there are only two affirmative precepts; one about the honor due to parents, the other about the celebration of the Sabbath in memory of the Divine favor.

Reply Obj. 2: The reasons for the purely moral precepts are manifest; hence there was no need to add the reason. But some of the precepts include ceremonial matter, or a determination of a general moral precept; thus the first precept includes the determination, "Thou shalt not make a graven thing"; and in the third precept the Sabbath-day is fixed. Consequently there was need to state the reason in each case.

Reply Obj. 3: Generally speaking, men direct their actions to some point of utility. Consequently in those precepts in which it seemed that there would be no useful result, or that some utility might be hindered, it was necessary to add a promise of reward. And since parents are already on the way to depart from us, no benefit is expected from them: wherefore a promise of reward is added to the precept about honoring one's parents. The same applies to the precept forbidding idolatry: since thereby it seemed that men were hindered from receiving the apparent benefit which they think they can get by entering into a compact with the demons.

Reply Obj. 4: Punishments are necessary against those who are p.r.o.ne to evil, as stated in _Ethic._ x, 9. Wherefore a threat of punishment is only affixed to those precepts of the law which forbade evils to which men were p.r.o.ne. Now men were p.r.o.ne to idolatry by reason of the general custom of the nations. Likewise men are p.r.o.ne to perjury on account of the frequent use of oaths. Hence it is that a threat is affixed to the first two precepts.

Reply Obj. 5: The commandment about the Sabbath was made in memory of a past blessing. Wherefore special mention of the memory is made therein. Or again, the commandment about the Sabbath has a determination affixed to it that does not belong to the natural law, wherefore this precept needed a special admonition.

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EIGHTH ARTICLE [I-II, Q. 100, Art. 8]

Whether the Precepts of the Decalogue Are Dispensable?

Objection 1: It would seem that the precepts of the decalogue are dispensable. For the precepts of the decalogue belong to the natural law. But the natural law fails in some cases and is changeable, like human nature, as the Philosopher says (Ethic. v, 7). Now the failure of law to apply in certain particular cases is a reason for dispensation, as stated above (Q. 96, A. 6; Q. 97, A. 4). Therefore a dispensation can be granted in the precepts of the decalogue.

Obj. 2: Further, man stands in the same relation to human law as G.o.d does to Divine law. But man can dispense with the precepts of a law made by man. Therefore, since the precepts of the decalogue are ordained by G.o.d, it seems that G.o.d can dispense with them. Now our superiors are G.o.d's viceregents on earth; for the Apostle says (2 Cor. 2:10): "For what I have pardoned, if I have pardoned anything, for your sakes have I done it in the person of Christ." Therefore superiors can dispense with the precepts of the decalogue.

Obj. 3: Further, among the precepts of the decalogue is one forbidding murder. But it seems that a dispensation is given by men in this precept: for instance, when according to the prescription of human law, such as evil-doers or enemies are lawfully slain.

Therefore the precepts of the decalogue are dispensable.

Obj. 4: Further, the observance of the Sabbath is ordained by a precept of the decalogue. But a dispensation was granted in this precept; for it is written (1 Macc. 2:4): "And they determined in that day, saying: Whosoever shall come up to fight against us on the Sabbath-day, we will fight against him." Therefore the precepts of the decalogue are dispensable.

_On the contrary,_ are the words of Isa. 24:5, where some are reproved for that "they have changed the ordinance, they have broken the everlasting covenant"; which, seemingly, apply princ.i.p.ally to the precepts of the decalogue. Therefore the precepts of the decalogue cannot be changed by dispensation.

_I answer that,_ As stated above (Q. 96, A. 6; Q. 97, A. 4), precepts admit of dispensation, when there occurs a particular case in which, if the letter of the law be observed, the intention of the lawgiver is frustrated. Now the intention of every lawgiver is directed first and chiefly to the common good; secondly, to the order of justice and virtue, whereby the common good is preserved and attained. If therefore there be any precepts which contain the very preservation of the common good, or the very order of justice and virtue, such precepts contain the intention of the lawgiver, and therefore are indispensable. For instance, if in some community a law were enacted, such as this--that no man should work for the destruction of the commonwealth, or betray the state to its enemies, or that no man should do anything unjust or evil, such precepts would not admit of dispensation. But if other precepts were enacted, subordinate to the above, and determining certain special modes of procedure, these latter precepts would admit of dispensation, in so far as the omission of these precepts in certain cases would not be prejudicial to the former precepts which contain the intention of the lawgiver.

For instance if, for the safeguarding of the commonwealth, it were enacted in some city that from each ward some men should keep watch as sentries in case of siege, some might be dispensed from this on account of some greater utility.

Now the precepts of the decalogue contain the very intention of the lawgiver, who is G.o.d. For the precepts of the first table, which direct us to G.o.d, contain the very order to the common and final good, which is G.o.d; while the precepts of the second table contain the order of justice to be observed among men, that nothing undue be done to anyone, and that each one be given his due; for it is in this sense that we are to take the precepts of the decalogue. Consequently the precepts of the decalogue admit of no dispensation whatever.

Reply Obj. 1: The Philosopher is not speaking of the natural law which contains the very order of justice: for it is a never-failing principle that "justice should be preserved." But he is speaking in reference to certain fixed modes of observing justice, which fail to apply in certain cases.

Reply Obj. 2: As the Apostle says (2 Tim. 2:13), "G.o.d continueth faithful, He cannot deny Himself." But He would deny Himself if He were to do away with the very order of His own justice, since He is justice itself. Wherefore G.o.d cannot dispense a man so that it be lawful for him not to direct himself to G.o.d, or not to be subject to His justice, even in those matters in which men are directed to one another.

Reply Obj. 3: The slaying of a man is forbidden in the decalogue, in so far as it bears the character of something undue: for in this sense the precept contains the very essence of justice. Human law cannot make it lawful for a man to be slain unduly. But it is not undue for evil-doers or foes of the common weal to be slain: hence this is not contrary to the precept of the decalogue; and such a killing is no murder as forbidden by that precept, as Augustine observes (De Lib. Arb. i, 4). In like manner when a man's property is taken from him, if it be due that he should lose it, this is not theft or robbery as forbidden by the decalogue.

Consequently when the children of Israel, by G.o.d's command, took away the spoils of the Egyptians, this was not theft; since it was due to them by the sentence of G.o.d. Likewise when Abraham consented to slay his son, he did not consent to murder, because his son was due to be slain by the command of G.o.d, Who is Lord of life and death: for He it is Who inflicts the punishment of death on all men, both G.o.dly and unG.o.dly, on account of the sin of our first parent, and if a man be the executor of that sentence by Divine authority, he will be no murderer any more than G.o.d would be. Again Osee, by taking unto himself a wife of fornications, or an adulterous woman, was not guilty either of adultery or of fornication: because he took unto himself one who was his by command of G.o.d, Who is the Author of the inst.i.tution of marriage.

Accordingly, therefore, the precepts of the decalogue, as to the essence of justice which they contain, are unchangeable: but as to any determination by application to individual actions--for instance, that this or that be murder, theft or adultery, or not--in this point they admit of change; sometimes by Divine authority alone, namely, in such matters as are exclusively of Divine inst.i.tution, as marriage and the like; sometimes also by human authority, namely in such matters as are subject to human jurisdiction: for in this respect men stand in the place of G.o.d: and yet not in all respects.

Reply Obj. 4: This determination was an interpretation rather than a dispensation. For a man is not taken to break the Sabbath, if he does something necessary for human welfare; as Our Lord proves (Matt.

12:3, seqq.).

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NINTH ARTICLE [I-II, Q. 100, Art. 9]

Whether the Mode of Virtue Falls Under the Precept of the Law?

Objection 1: It would seem that the mode of virtue falls under the precept of the law. For the mode of virtue is that deeds of justice should be done justly, that deeds of fort.i.tude should be done bravely, and in like manner as to the other virtues. But it is commanded (Deut. 26:20) that "thou shalt follow justly after that which is just." Therefore the mode of virtue falls under the precept.

Obj. 2: Further, that which belongs to the intention of the lawgiver comes chiefly under the precept. But the intention of the lawgiver is directed chiefly to make men virtuous, as stated in _Ethic._ ii: and it belongs to a virtuous man to act virtuously. Therefore the mode of virtue falls under the precept.

Obj. 3: Further, the mode of virtue seems to consist properly in working willingly and with pleasure. But this falls under a precept of the Divine law, for it is written (Ps. 99:2): "Serve ye the Lord with gladness"; and (2 Cor. 9:7): "Not with sadness or necessity: for G.o.d loveth a cheerful giver"; whereupon the gloss says: "Whatever ye do, do gladly; and then you will do it well; whereas if you do it sorrowfully, it is done in thee, not by thee." Therefore the mode of virtue falls under the precept of the law.

_On the contrary,_ No man can act as a virtuous man acts unless he has the habit of virtue, as the Philosopher explains (Ethic. ii, 4; v, 8). Now whoever transgresses a precept of the law, deserves to be punished. Hence it would follow that a man who has not the habit of virtue, would deserve to be punished, whatever he does. But this is contrary to the intention of the law, which aims at leading man to virtue, by habituating him to good works. Therefore the mode of virtue does not fall under the precept.

_I answer that,_ As stated above (Q. 90, A. 3, ad 2), a precept of law has compulsory power. Hence that on which the compulsion of the law is brought to bear, falls directly under the precept of the law.

Now the law compels through fear of punishment, as stated in _Ethic._ x, 9, because that properly falls under the precept of the law, for which the penalty of the law is inflicted. But Divine law and human law are differently situated as to the appointment of penalties; since the penalty of the law is inflicted only for those things which come under the judgment of the lawgiver; for the law punishes in accordance with the verdict given. Now man, the framer of human law, is competent to judge only of outward acts; because "man seeth those things that appear," according to 1 Kings 16:7: while G.o.d alone, the framer of the Divine law, is competent to judge of the inward movements of wills, according to Ps. 7:10: "The searcher of hearts and reins is G.o.d."

Accordingly, therefore, we must say that the mode of virtue is in some sort regarded both by human and by Divine law; in some respect it is regarded by the Divine, but not by the human law; and in another way, it is regarded neither by the human nor by the Divine law. Now the mode of virtue consists in three things, as the Philosopher states in _Ethic._ ii. The first is that man should act "knowingly": and this is subject to the judgment of both Divine and human law; because what a man does in ignorance, he does accidentally. Hence according to both human and Divine law, certain things are judged in respect of ignorance to be punishable or pardonable.

The second point is that a man should act "deliberately," i.e. "from choice, choosing that particular action for its own sake"; wherein a twofold internal movement is implied, of volition and of intention, about which we have spoken above (QQ. 8, 12): and concerning these two, Divine law alone, and not human law, is competent to judge. For human law does not punish the man who wishes to slay, and slays not: whereas the Divine law does, according to Matt. 5:22: "Whosoever is angry with his brother, shall be in danger of the judgment."

The third point is that he should "act from a firm and immovable principle": which firmness belongs properly to a habit, and implies that the action proceeds from a rooted habit. In this respect, the mode of virtue does not fall under the precept either of Divine or of human law, since neither by man nor by G.o.d is he punished as breaking the law, who gives due honor to his parents and yet has not the habit of filial piety.

Reply Obj. 1: The mode of doing acts of justice, which falls under the precept, is that they be done in accordance with right; but not that they be done from the habit of justice.

Reply Obj. 2: The intention of the lawgiver is twofold. His aim, in the first place, is to lead men to something by the precepts of the law: and this is virtue. Secondly, his intention is brought to bear on the matter itself of the precept: and this is something leading or disposing to virtue, viz. an act of virtue. For the end of the precept and the matter of the precept are not the same: just as neither in other things is the end the same as that which conduces to the end.

Reply Obj. 3: That works of virtue should be done without sadness, falls under the precept of the Divine law; for whoever works with sadness works unwillingly. But to work with pleasure, i.e. joyfully or cheerfully, in one respect falls under the precept, viz. in so far as pleasure ensues from the love of G.o.d and one's neighbor (which love falls under the precept), and love causes pleasure: and in another respect does not fall under the precept, in so far as pleasure ensues from a habit; for "pleasure taken in a work proves the existence of a habit," as stated in _Ethic._ ii, 3. For an act may give pleasure either on account of its end, or through its proceeding from a becoming habit.

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TENTH ARTICLE [I-II, Q. 100, Art. 10]

Whether the Mode of Charity Falls Under the Precept of the Divine Law?

Objection 1: It would seem that the mode of charity falls under the precept of the Divine law. For it is written (Matt. 19:17): "If thou wilt enter into life, keep the commandments": whence it seems to follow that the observance of the commandments suffices for entrance into life. But good works do not suffice for entrance into life, except they be done from charity: for it is written (1 Cor. 13:3): "If I should distribute all my goods to feed the poor, and if I should deliver my body to be burned, and have not charity, it profiteth me nothing." Therefore the mode of charity is included in the commandment.

Obj. 2: Further, the mode of charity consists properly speaking in doing all things for G.o.d. But this falls under the precept; for the Apostle says (1 Cor. 10:31): "Do all to the glory of G.o.d." Therefore the mode of charity falls under the precept.

Obj. 3: Further, if the mode of charity does not fall under the precept, it follows that one can fulfil the precepts of the law without having charity. Now what can be done without charity can be done without grace, which is always united to charity. Therefore one can fulfil the precepts of the law without grace. But this is the error of Pelagius, as Augustine declares (De Haeres. lx.x.xviii).

Therefore the mode of charity is included in the commandment.

_On the contrary,_ Whoever breaks a commandment sins mortally. If therefore the mode of charity falls under the precept, it follows that whoever acts otherwise than from charity sins mortally. But whoever has not charity, acts otherwise than from charity. Therefore it follows that whoever has not charity, sins mortally in whatever he does, however good this may be in itself: which is absurd.

_I answer that,_ Opinions have been contrary on this question. For some have said absolutely that the mode of charity comes under the precept; and yet that it is possible for one not having charity to fulfil this precept: because he can dispose himself to receive charity from G.o.d. Nor (say they) does it follow that a man not having charity sins mortally whenever he does something good of its kind: because it is an affirmative precept that binds one to act from charity, and is binding not for all time, but only for such time as one is in a state of charity. On the other hand, some have said that the mode of charity is altogether outside the precept.

Both these opinions are true up to a certain point. Because the act of charity can be considered in two ways. First, as an act by itself: and thus it falls under the precept of the law which specially prescribes it, viz. "Thou shalt love the Lord thy G.o.d," and "Thou shalt love thy neighbor." In this sense, the first opinion is true.

Because it is not impossible to observe this precept which regards the act of charity; since man can dispose himself to possess charity, and when he possesses it, he can use it. Secondly, the act of charity can be considered as being the mode of the acts of the other virtues, i.e. inasmuch as the acts of the other virtues are ordained to charity, which is "the end of the commandment," as stated in 1 Tim.

i, 5: for it has been said above (Q. 12, A. 4) that the intention of the end is a formal mode of the act ordained to that end. In this sense the second opinion is true in saying that the mode of charity does not fall under the precept, that is to say that this commandment, "Honor thy father," does not mean that a man must honor his father from charity, but merely that he must honor him. Wherefore he that honors his father, yet has not charity, does not break this precept: although he does break the precept concerning the act of charity, for which reason he deserves to be punished.

Reply Obj. 1: Our Lord did not say, "If thou wilt enter into life, keep one commandment"; but "keep" all "the commandments": among which is included the commandment concerning the love of G.o.d and our neighbor.

Reply Obj. 2: The precept of charity contains the injunction that G.o.d should be loved from our whole heart, which means that all things would be referred to G.o.d. Consequently man cannot fulfil the precept of charity, unless he also refer all things to G.o.d. Wherefore he that honors his father and mother, is bound to honor them from charity, not in virtue of the precept, "Honor thy father and mother," but in virtue of the precept, "Thou shalt love the Lord thy G.o.d with thy whole heart." And since these are two affirmative precepts, not binding for all times, they can be binding, each one at a different time: so that it may happen that a man fulfils the precept of honoring his father and mother, without at the same time breaking the precept concerning the omission of the mode of charity.

Reply Obj. 3: Man cannot fulfil all the precepts of the law, unless he fulfil the precept of charity, which is impossible without charity. Consequently it is not possible, as Pelagius maintained, for man to fulfil the law without grace.

Summa Theologica Part II (Pars Prima Secundae) Part 158

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