Summa Theologica Part II (Pars Prima Secundae) Part 155

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.

_I answer that,_ As stated above (AA. 2, 3), it belongs to the Divine law to direct men to one another and to G.o.d. 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 G.o.d); and "good," i.e. conducive to virtue, as to the moral precepts.

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.

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FIFTH ARTICLE [I-II, Q. 99, Art. 5]

Whether the Old Law Contains Any Others Besides the Moral, Judicial, and Ceremonial Precepts?

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 G.o.d is worshipped. Now besides these there are many other virtues, viz. temperance, fort.i.tude, 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 G.o.d, 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 G.o.d, and the testimonies and ceremonies which I have [Vulg.: 'He hath'] commanded thee." Therefore in addition to the above, the Law comprises "testimonies."

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 G.o.d commanded ...

you." And these words are placed at the beginning of the Law.

Therefore all the precepts of the Law are included under them.

_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 G.o.d the lawgiver: e.g. Deut. 6:4: "Hear, O Israel, the Lord our G.o.d is one Lord"; and Gen. 1:1: "In the beginning G.o.d 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 G.o.d ... He will make thee higher than all the nations," etc.: and these are called "justifications," according as G.o.d punishes or rewards certain ones justly.

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).

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.

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 G.o.d 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.

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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?

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 G.o.d by fear and love: hence it is written (Deut. 10:12): "And now, Israel, what doth the Lord thy G.o.d require of thee, but that thou fear the Lord thy G.o.d, and walk in His ways, and love Him?" But the desire for temporal goods leads man away from G.o.d: for Augustine says (Qq. lx.x.xiii, 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.

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."

_I answer that,_ As in speculative sciences men are persuaded to a.s.sent 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 G.o.d: whereas the perverse place their end in temporalities. It was therefore fitting that the Old Law should conduct men to G.o.d by means of temporal goods for which the imperfect have an affection.

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 G.o.d is a road leading the imperfect to the love of G.o.d, 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 G.o.d. In this respect it employs higher means.

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 G.o.d, according to Isa. 29:13 (Matt. 15:8): "This people honoreth Me with their lips; but their hearts is far from Me."

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QUESTION 100

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?