Summa Theologica Part II (Pars Prima Secundae) Part 172

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QUESTION 107

OF THE NEW LAW AS COMPARED WITH THE OLD (In Four Articles)

We must now consider the New Law as compared with the Old: under which head there are four points of inquiry:

(1) Whether the New Law is distinct from the Old Law?

(2) Whether the New Law fulfils the Old?

(3) Whether the New Law is contained in the Old?

(4) Which is the more burdensome, the New or the Old Law?

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FIRST ARTICLE [I-II, Q. 107, Art. 1]

Whether the New Law Is Distinct from the Old Law?

Objection 1: It would seem that the New Law is not distinct from the Old. Because both these laws were given to those who believe in G.o.d: since "without faith it is impossible to please G.o.d," according to Heb. 11:6. But the faith of olden times and of nowadays is the same, as the gloss says on Matt. 21:9. Therefore the law is the same also.

Obj. 2: Further, Augustine says (Contra Adamant. Manich. discip.

xvii) that "there is little difference between the Law and Gospel"

[*The 'little difference' refers to the Latin words 'timor' and 'amor']--"fear and love." But the New and Old Laws cannot be differentiated in respect of these two things: since even the Old Law comprised precepts of charity: "Thou shalt love thy neighbor" (Lev.

19:18), and: "Thou shalt love the Lord thy G.o.d" (Deut. 6:5). In like manner neither can they differ according to the other difference which Augustine a.s.signs (Contra Faust. iv, 2), viz. that "the Old Testament contained temporal promises, whereas the New Testament contains spiritual and eternal promises": since even the New Testament contains temporal promises, according to Mk. 10:30: He shall receive "a hundred times as much ... in this time, houses and brethren," etc.: while in the Old Testament they hoped in promises spiritual and eternal, according to Heb. 11:16: "But now they desire a better, that is to say, a heavenly country," which is said of the patriarchs. Therefore it seems that the New Law is not distinct from the Old.

Obj. 3: Further, the Apostle seems to distinguish both laws by calling the Old Law "a law of works," and the New Law "a law of faith" (Rom. 3:27). But the Old Law was also a law of faith, according to Heb. 11:39: "All were [Vulg.: 'All these being']

approved by the testimony of faith," which he says of the fathers of the Old Testament. In like manner the New Law is a law of works: since it is written (Matt. 5:44): "Do good to them that hate you"; and (Luke 22:19): "Do this for a commemoration of Me." Therefore the New Law is not distinct from the Old.

_On the contrary,_ the Apostle says (Heb. 7:12): "The priesthood being translated it is necessary that a translation also be made of the Law." But the priesthood of the New Testament is distinct from that of the Old, as the Apostle shows in the same place. Therefore the Law is also distinct.

_I answer that,_ As stated above (Q. 90, A. 2; Q. 91, A. 4), every law ordains human conduct to some end. Now things ordained to an end may be divided in two ways, considered from the point of view of the end. First, through being ordained to different ends: and this difference will be specific, especially if such ends are proximate.

Secondly, by reason of being closely or remotely connected with the end. Thus it is clear that movements differ in species through being directed to different terms: while according as one part of a movement is nearer to the term than another part, the difference of perfect and imperfect movement is a.s.sessed.

Accordingly then two laws may be distinguished from one another in two ways. First, through being altogether diverse, from the fact that they are ordained to diverse ends: thus a state-law ordained to democratic government, would differ specifically from a law ordained to government by the aristocracy. Secondly, two laws may be distinguished from one another, through one of them being more closely connected with the end, and the other more remotely: thus in one and the same state there is one law enjoined on men of mature age, who can forthwith accomplish that which pertains to the common good; and another law regulating the education of children who need to be taught how they are to achieve manly deeds later on.

We must therefore say that, according to the first way, the New Law is not distinct from the Old Law: because they both have the same end, namely, man's subjection to G.o.d; and there is but one G.o.d of the New and of the Old Testament, according to Rom. 3:30: "It is one G.o.d that justifieth circ.u.mcision by faith, and uncirc.u.mcision through faith." According to the second way, the New Law is distinct from the Old Law: because the Old Law is like a pedagogue of children, as the Apostle says (Gal. 3:24), whereas the New Law is the law of perfection, since it is the law of charity, of which the Apostle says (Col. 3:14) that it is "the bond of perfection."

Reply Obj. 1: The unity of faith under both Testaments witnesses to the unity of end: for it has been stated above (Q. 62, A. 2) that the object of the theological virtues, among which is faith, is the last end. Yet faith had a different state in the Old and in the New Law: since what they believed as future, we believe as fact.

Reply Obj. 2: All the differences a.s.signed between the Old and New Laws are gathered from their relative perfection and imperfection.

For the precepts of every law prescribe acts of virtue. Now the imperfect, who as yet are not possessed of a virtuous habit, are directed in one way to perform virtuous acts, while those who are perfected by the possession of virtuous habits are directed in another way. For those who as yet are not endowed with virtuous habits, are directed to the performance of virtuous acts by reason of some outward cause: for instance, by the threat of punishment, or the promise of some extrinsic rewards, such as honor, riches, or the like. Hence the Old Law, which was given to men who were imperfect, that is, who had not yet received spiritual grace, was called the "law of fear," inasmuch as it induced men to observe its commandments by threatening them with penalties; and is spoken of as containing temporal promises. On the other hand, those who are possessed of virtue, are inclined to do virtuous deeds through love of virtue, not on account of some extrinsic punishment or reward. Hence the New Law which derives its pre-eminence from the spiritual grace instilled into our hearts, is called the "Law of love": and it is described as containing spiritual and eternal promises, which are objects of the virtues, chiefly of charity. Accordingly such persons are inclined of themselves to those objects, not as to something foreign but as to something of their own. For this reason, too, the Old Law is described as "restraining the hand, not the will" [*Peter Lombard, Sent. iii, D, 40]; since when a man refrains from some sins through fear of being punished, his will does not shrink simply from sin, as does the will of a man who refrains from sin through love of righteousness: and hence the New Law, which is the Law of love, is said to restrain the will.

Nevertheless there were some in the state of the Old Testament who, having charity and the grace of the Holy Ghost, looked chiefly to spiritual and eternal promises: and in this respect they belonged to the New Law. In like manner in the New Testament there are some carnal men who have not yet attained to the perfection of the New Law; and these it was necessary, even under the New Testament, to lead to virtuous action by the fear of punishment and by temporal promises.

But although the Old Law contained precepts of charity, nevertheless it did not confer the Holy Ghost by Whom "charity ... is spread abroad in our hearts" (Rom. 5:5).

Reply Obj. 3: As stated above (Q. 106, AA. 1, 2), the New Law is called the law of faith, in so far as its pre-eminence is derived from that very grace which is given inwardly to believers, and for this reason is called the grace of faith. Nevertheless it consists secondarily in certain deeds, moral and sacramental: but the New Law does not consist chiefly in these latter things, as did the Old Law.

As to those under the Old Testament who through faith were acceptable to G.o.d, in this respect they belonged to the New Testament: for they were not justified except through faith in Christ, Who is the Author of the New Testament. Hence of Moses the Apostle says (Heb. 11:26) that he esteemed "the reproach of Christ greater riches than the treasure of the Egyptians."

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SECOND ARTICLE [I-II, Q. 107, Art. 2]

Whether the New Law Fulfils the Old?

Objection 1: It would seem that the New Law does not fulfil the Old.

Because to fulfil and to void are contrary. But the New Law voids or excludes the observances of the Old Law: for the Apostle says (Gal.

5:2): "If you be circ.u.mcised, Christ shall profit you nothing."

Therefore the New Law is not a fulfilment of the Old.

Obj. 2: Further, one contrary is not the fulfilment of another. But Our Lord propounded in the New Law precepts that were contrary to precepts of the Old Law. For we read (Matt. 5:27-32): "You have heard that it was said to them of old: ... 'Whosoever shall put away his wife, let him give her a bill of divorce. But I say to you that whosoever shall put away his wife ... maketh her to commit adultery.'" Furthermore, the same evidently applies to the prohibition against swearing, against retaliation, and against hating one's enemies. In like manner Our Lord seems to have done away with the precepts of the Old Law relating to the different kinds of foods (Matt. 15:11): "Not that which goeth into the mouth defileth the man: but what cometh out of the mouth, this defileth a man." Therefore the New Law is not a fulfilment of the Old.

Obj. 3: Further, whoever acts against a law does not fulfil the law.

But Christ in certain cases acted against the Law. For He touched the leper (Matt. 8:3), which was contrary to the Law. Likewise He seems to have frequently broken the sabbath; since the Jews used to say of Him (John 9:16): "This man is not of G.o.d, who keepeth not the sabbath." Therefore Christ did not fulfil the Law: and so the New Law given by Christ is not a fulfilment of the Old.

Obj. 4: Further, the Old Law contained precepts, moral, ceremonial, and judicial, as stated above (Q. 99, A. 4). But Our Lord (Matt. 5) fulfilled the Law in some respects, but without mentioning the judicial and ceremonial precepts. Therefore it seems that the New Law is not a complete fulfilment of the Old.

_On the contrary,_ Our Lord said (Matt. 5:17): "I am not come to destroy, but to fulfil": and went on to say (Matt. 5:18): "One jot or one t.i.ttle shall not pa.s.s of the Law till all be fulfilled."

_I answer that,_ As stated above (A. 1), the New Law is compared to the Old as the perfect to the imperfect. Now everything perfect fulfils that which is lacking in the imperfect. And accordingly the New Law fulfils the Old by supplying that which was lacking in the Old Law.

Now two things in the Old Law offer themselves to our consideration: viz., the end, and the precepts contained in the Law.

Now the end of every law is to make men righteous and virtuous, as was stated above (Q. 92, A. 1): and consequently the end of the Old Law was the justification of men. The Law, however, could not accomplish this: but foreshadowed it by certain ceremonial actions, and promised it in words. And in this respect, the New Law fulfils the Old by justifying men through the power of Christ's Pa.s.sion. This is what the Apostle says (Rom. 8:3, 4): "What the Law could not do ... G.o.d sending His own Son in the likeness of sinful flesh ...

hath condemned sin in the flesh, that the justification of the Law might be fulfilled in us." And in this respect, the New Law gives what the Old Law promised, according to 2 Cor. 1:20: "Whatever are the promises of G.o.d, in Him," i.e. in Christ, "they are 'Yea'." [*The Douay version reads thus: "All the promises of G.o.d are in Him, 'It is'."] Again, in this respect, it also fulfils what the Old Law foreshadowed. Hence it is written (Col. 2:17) concerning the ceremonial precepts that they were "a shadow of things to come, but the body is of Christ"; in other words, the reality is found in Christ. Wherefore the New Law is called the law of reality; whereas the Old Law is called the law of shadow or of figure.

Now Christ fulfilled the precepts of the Old Law both in His works and in His doctrine. In His works, because He was willing to be circ.u.mcised and to fulfil the other legal observances, which were binding for the time being; according to Gal. 4:4: "Made under the Law." In His doctrine He fulfilled the precepts of the Law in three ways. First, by explaining the true sense of the Law. This is clear in the case of murder and adultery, the prohibition of which the Scribes and Pharisees thought to refer only to the exterior act: wherefore Our Lord fulfilled the Law by showing that the prohibition extended also to the interior acts of sins. Secondly, Our Lord fulfilled the precepts of the Law by prescribing the safest way of complying with the statutes of the Old Law. Thus the Old Law forbade perjury: and this is more safely avoided, by abstaining altogether from swearing, save in cases of urgency. Thirdly, Our Lord fulfilled the precepts of the Law, by adding some counsels of perfection: this is clearly seen in Matt. 19:21, where Our Lord said to the man who affirmed that he had kept all the precepts of the Old Law: "One thing is wanting to thee: If thou wilt be perfect, go, sell whatsoever thou hast," etc. [*St. Thomas combines Matt. 19:21 with Mk. 10:21].

Reply Obj. 1: The New Law does not void observance of the Old Law except in the point of ceremonial precepts, as stated above (Q. 103, AA. 3, 4). Now the latter were figurative of something to come.

Wherefore from the very fact that the ceremonial precepts were fulfilled when those things were accomplished which they foreshadowed, it follows that they are no longer to be observed: for if they were to be observed, this would mean that something is still to be accomplished and is not yet fulfilled. Thus the promise of a future gift holds no longer when it has been fulfilled by the presentation of the gift. In this way the legal ceremonies are abolished by being fulfilled.

Reply Obj. 2: As Augustine says (Contra Faust. xix, 26), those precepts of Our Lord are not contrary to the precepts of the Old Law.

For what Our Lord commanded about a man not putting away his wife, is not contrary to what the Law prescribed. "For the Law did not say: 'Let him that wills, put his wife away': the contrary of which would be not to put her away. _On the contrary,_ the Law was unwilling that a man should put away his wife, since it prescribed a delay, so that excessive eagerness for divorce might cease through being weakened during the writing of the bill. Hence Our Lord, in order to impress the fact that a wife ought not easily to be put away, allowed no exception save in the case of fornication." The same applies to the prohibition about swearing, as stated above. The same is also clear with respect to the prohibition of retaliation. For the Law fixed a limit to revenge, by forbidding men to seek vengeance unreasonably: whereas Our Lord deprived them of vengeance more completely by commanding them to abstain from it altogether. With regard to the hatred of one's enemies, He dispelled the false interpretation of the Pharisees, by admonishing us to hate, not the person, but his sin. As to discriminating between various foods, which was a ceremonial matter, Our Lord did not forbid this to be observed: but He showed that no foods are naturally unclean, but only in token of something else, as stated above (Q. 102, A. 6, ad 1).

Reply Obj. 3: It was forbidden by the Law to touch a leper; because by doing so, man incurred a certain uncleanness of irregularity, as also by touching the dead, as stated above (Q. 102, A. 5, ad 4). But Our Lord, Who healed the leper, could not contract an uncleanness. By those things which He did on the sabbath, He did not break the sabbath in reality, as the Master Himself shows in the Gospel: both because He worked miracles by His Divine power, which is ever active among things; and because His works were concerned with the salvation of man, while the Pharisees were concerned for the well-being of animals even on the sabbath; and again because on account of urgency He excused His disciples for gathering the ears of corn on the sabbath. But He did seem to break the sabbath according to the superst.i.tious interpretation of the Pharisees, who thought that man ought to abstain from doing even works of kindness on the sabbath; which was contrary to the intention of the Law.

Reply Obj. 4: The reason why the ceremonial precepts of the Law are not mentioned in Matt. 5 is because, as stated above (ad 1), their observance was abolished by their fulfilment. But of the judicial precepts He mentioned that of retaliation: so that what He said about it should refer to all the others. With regard to this precept, He taught that the intention of the Law was that retaliation should be sought out of love of justice, and not as a punishment out of revengeful spite, which He forbade, admonishing man to be ready to suffer yet greater insults; and this remains still in the New Law.

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THIRD ARTICLE [I-II, Q. 107, Art. 3]

Whether the New Law Is Contained in the Old?

Objection 1: It would seem that the New Law is not contained in the Old. Because the New Law consists chiefly in faith: wherefore it is called the "law of faith" (Rom. 3:27). But many points of faith are set forth in the New Law, which are not contained in the Old.

Therefore the New Law is not contained in the Old.

Obj. 2: Further, a gloss says on Matt. 5:19, "He that shall break one of these least commandments," that the lesser commandments are those of the Law, and the greater commandments, those contained in the Gospel. Now the greater cannot be contained in the lesser. Therefore the New Law is not contained in the Old.