Summa Theologica Part II (Pars Prima Secundae) Part 152

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 G.o.dlike 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 G.o.d." 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.

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."

_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 circ.u.mstances, 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?"

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 G.o.d, none can dispense but G.o.d, or the man to whom He may give special power for that purpose.

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QUESTION 98

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 G.o.d?

(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?

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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.

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 (G.o.d) 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."

_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 G.o.d, according to the inward man": and again (verse 16): "I consent to the law, that is good."

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 a.s.sistance 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 G.o.d 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."

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."

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.

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 G.o.d, "but of G.o.d 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.

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SECOND ARTICLE [I-II, Q. 98, Art. 2]

Whether the Old Law Was from G.o.d?

Objection 1: It would seem that the Old Law was not from G.o.d. For it is written (Deut. 32:4): "The works of G.o.d are perfect." But the Law was imperfect, as stated above (A. 1). Therefore the Old Law was not from G.o.d.

Obj. 2: Further, it is written (Eccles. 3:14): "I have learned that all the works which G.o.d 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 G.o.d.

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 G.o.d, to Whom "none is like among the lawgivers" (Job 36:22).

Obj. 4: Further, it is written (1 Tim. 2:4) that G.o.d "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 G.o.d. Therefore the Old Law was not from G.o.d.

_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 G.o.d 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 G.o.d.

_I answer that,_ The Old Law was given by the good G.o.d, 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 G.o.d, 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 G.o.d, from Whom came salvation to man, through the grace of Christ.

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 G.o.d endure for ever which G.o.d 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."

Reply Obj. 3: As stated above (Q. 79, A. 4), G.o.d 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 G.o.d 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 G.o.d did not fail man by giving him insufficient aids to salvation.

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THIRD ARTICLE [I-II, Q. 98, Art. 3]

Whether the Old Law Was Given Through the Angels?

Objection 1: It seems that the Old Law was not given through the angels, but immediately by G.o.d. 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 G.o.d." Moreover the same expression is often repeated in Exodus, and the later books of the Law. Therefore the Law was given by G.o.d immediately.