Chapter 29

Reply Obj. 2: This precept of the Apostle is affirmative, and so it does not bind for all times. Consequently everyone who does not actually refer all his actions to the glory of God, does not therefore act against this precept. In order, therefore, to avoid mortal sin each time that one fails actually to refer an action to God's glory, it is enough to refer oneself and all that one has to God habitually. Now venial sin excludes only actual reference of the human act to God's glory, and not habitual reference: because it does not exclude charity, which refers man to God habitually. Therefore it does not follow that he who sins venially, sins mortally.

Reply Obj. 3: He that sins venially, cleaves to temporal good, not as enjoying it, because he does not fix his end in it, but as using it, by referring it to God, not actually but habitually.

Reply Obj. 4: Mutable good is not considered to be a term in contraposition to the immutable good, unless one's end is fixed therein: because what is referred to the end has not the character of finality. ________________________

SECOND ARTICLE [I-II, Q. 88, Art. 2]

Whether Mortal and Venial Sin Differ Generically?

Objection 1: It would seem that venial and mortal sin do not differ generically, so that some sins be generically mortal, and some generically venial. Because human acts are considered to be generically good or evil according to their matter or object, as stated above (Q. 18, A. 2). Now either mortal or venial sin may be committed in regard to any object or matter: since man can love any mutable good, either less than God, which may be a venial sin, or more than God, which is a mortal sin. Therefore venial and mortal sin do not differ generically.

Obj. 2: Further, as stated above (A. 1; Q. 72, A. 5; Q. 87, A. 3), a sin is called mortal when it is irreparable, venial when it can be repaired. Now irreparability belongs to sin committed out of malice, which, according to some, is irremissible: whereas reparability belongs to sins committed through weakness or ignorance, which are remissible. Therefore mortal and venial sin differ as sin committed through malice differs from sin committed through weakness or ignorance. But, in this respect, sins differ not in genus but in cause, as stated above (Q. 77, A. 8, ad 1). Therefore venial and mortal sin do not differ generically.

Obj. 3: Further, it was stated above (Q. 74, A. 3, ad 3; A. 10) that sudden movements both of the sensuality and of the reason are venial sins. But sudden movements occur in every kind of sin. Therefore no sins are generically venial.

On the contrary,Augustine, in a sermon on Purgatory (De Sanctis, serm. xli), enumerates certain generic venial sins, and certain generic mortal sins.

I answer that,Venial sin is so called fromvenia(pardon). Consequently a sin may be called venial, first of all, because it has been pardoned: thus Ambrose says that "penance makes every sin venial": and this is called venial "from the result." Secondly, a sin is called venial because it does not contain anything either partially or totally, to prevent its being pardoned: partially, as when a sin contains something diminishing its guilt, e.g. a sin committed through weakness or ignorance: and this is called venial "from the cause": totally, through not destroying the order to the last end, wherefore it deserves temporal, but not everlasting punishment. It is of this venial sin that we wish to speak now.

For as regards the first two, it is evident that they have no determinate genus: whereas venial sin, taken in the third sense, can have a determinate genus, so that one sin may be venial generically, and another generically mortal, according as the genus or species of an act is determined by its object. For, when the will is directed to a thing that is in itself contrary to charity, whereby man is directed to his last end, the sin is mortal by reason of its object. Consequently it is a mortal sin generically, whether it be contrary to the love of God, e.g. blasphemy, perjury, and the like, or against the love of one's neighbor, e.g. murder, adultery, and such like: wherefore such sins are mortal by reason of their genus. Sometimes, however, the sinner's will is directed to a thing containing a certain inordinateness, but which is not contrary to the love of God and one's neighbor, e.g. an idle word, excessive laughter, and so forth: and such sins are venial by reason of their genus.

Nevertheless, since moral acts derive their character of goodness and malice, not only from their objects, but also from some disposition of the agent, as stated above (Q. 18, AA. 4, 6), it happens sometimes that a sin which is venial generically by reason of its object, becomes mortal on the part of the agent, either because he fixes his last end therein, or because he directs it to something that is a mortal sin in its own genus; for example, if a man direct an idle word to the commission of adultery. In like manner it may happen, on the part of the agent, that a sin generically mortal because venial, by reason of the act being imperfect, i.e. not deliberated by reason, which is the proper principle of an evil act, as we have said above in reference to sudden movements of unbelief.

Reply Obj. 1: The very fact that anyone chooses something that is contrary to divine charity, proves that he prefers it to the love of God, and consequently, that he loves it more than he loves God. Hence it belongs to the genus of some sins, which are of themselves contrary to charity, that something is loved more than God; so that they are mortal by reason of their genus.

Reply Obj. 2: This argument considers those sins which are venial from their cause.

Reply Obj. 3: This argument considers those sins which are venial by reason of the imperfection of the act. ________________________

THIRD ARTICLE [I-II, Q. 88, Art. 3]

Whether Venial Sin Is a Disposition to Mortal Sin?

Objection 1: It would seem that venial sin is not a disposition to mortal sin. For one contrary does not dispose to another. But venial and mortal sin are condivided as contrary to one another, as stated above (A. 1). Therefore venial sin is not a disposition to mortal sin.

Obj. 2: Further, an act disposes to something of like species, wherefore it is stated inEthic.ii, 1, 2, that "from like acts like dispositions and habits are engendered." But mortal and venial sin differ in genus or species, as stated above (A. 2). Therefore venial sin does not dispose to mortal sin.

Obj. 3: Further, if a sin is called venial because it disposes to mortal sin, it follows that whatever disposes to mortal sin is a venial sin. Now every good work disposes to mortal sin; wherefore Augustine says in his Rule (Ep. ccxi) that "pride lies in wait for good works that it may destroy them." Therefore even good works would be venial sins, which is absurd.

On the contrary,It is written (Ecclus. 19:1): "He that contemneth small things shall fall by little and little." Now he that sins venially seems to contemn small things. Therefore by little and little he is disposed to fall away together into mortal sin.

I answer that,A disposition is a kind of cause; wherefore as there is a twofold manner of cause, so is there a twofold manner of disposition. For there is a cause which moves directly to the production of the effect, as a hot thing heats: and there is a cause which moves indirectly, by removing an obstacle, as he who displaces a pillar is said to displace the stone that rests on it. Accordingly an act of sin disposes to something in two ways. First, directly, and thus it disposes to an act of like species. In this way, a sin generically venial does not, primarily and of its nature, dispose to a sin generically mortal, for they differ in species. Nevertheless, in this same way, a venial sin can dispose, by way of consequence, to a sin which is mortal on the part of the agent: because the disposition or habit may be so far strengthened by acts of venial sin, that the lust of sinning increases, and the sinner fixes his end in that venial sin: since the end for one who has a habit, as such, is to work according to that habit; and the consequence will be that, by sinning often venially, he becomes disposed to a mortal sin. Secondly, a human act disposes to something by removing an obstacle thereto. In this way a sin generically venial can dispose to a sin generically mortal. Because he that commits a sin generically venial, turns aside from some particular order; and through accustoming his will not to be subject to the due order in lesser matters, is disposed not to subject his will even to the order of the last end, by choosing something that is a mortal sin in its genus.

Reply Obj. 1: Venial and mortal sin are not condivided in contrariety to one another, as though they were species of one genus, as stated above (A. 1, ad 1), but as an accident is condivided with substance. Wherefore an accident can be a disposition to a substantial form, so can a venial sin dispose to mortal.

Reply Obj. 2: Venial sin is not like mortal sin in species; but it is in genus, inasmuch as they both imply a defect of due order, albeit in different ways, as stated (AA. 1, 2).

Reply Obj. 3: A good work is not, of itself, a disposition to mortal sin; but it can be the matter or occasion of mortal sin accidentally; whereas a venial sin, of its very nature, disposes to mortal sin, as stated. ________________________

FOURTH ARTICLE [I-II, Q. 88, Art. 4]

Whether a Venial Sin Can Become Mortal?

Objection 1: It would seem that a venial sin can become a mortal sin. For Augustine in explaining the words of John 3:36: "He that believeth not the Son, shall not see life," says (Tract. xii in Joan.): "The slightest," i.e. venial, "sins kill if we make little of them." Now a sin is called mortal through causing the spiritual death of the soul. Therefore a venial sin can become mortal.

Obj. 2: Further, a movement in the sensuality before the consent of reason, is a venial sin, but after consent, is a mortal sin, as stated above (Q. 74, A. 8, ad 2). Therefore a venial sin can become mortal.

Obj. 3: Further, venial and mortal sin differ as curable and incurable disease, as stated above (A. 1). But a curable disease may become incurable. Therefore a venial sin may become mortal.

Obj. 4: Further, a disposition may become a habit. Now venial sin is a disposition to mortal, as stated (A. 3). Therefore a venial sin can become mortal.

I answer that,The fact of a venial sin becoming a mortal sin may be understood in three ways. First, so that the same identical act be at first a venial, and then a mortal sin. This is impossible: because a sin, like any moral act, consists chiefly in an act of the will: so that an act is not one morally, if the will be changed, although the act be continuous physically. If, however, the will be not changed, it is not possible for a venial sin to become mortal.

Secondly, this may be taken to mean that a sin generically venial, becomes mortal. This is possible, in so far as one may fix one's end in that venial sin, or direct it to some mortal sin as end, as stated above (A. 2).

Thirdly, this may be understood in the sense of many venial sins constituting one mortal sin. If this be taken as meaning that many venial sins added together make one mortal sin, it is false, because all the venial sins in the world cannot incur a debt of punishment equal to that of one mortal sin. This is evident as regards the duration of the punishment, since mortal sin incurs a debt of eternal punishment, while venial sin incurs a debt of temporal punishment, as stated above (Q. 87, AA. 3, 5). It is also evident as regards the pain of loss, because mortal sins deserve to be punished by the privation of seeing God, to which no other punishment is comparable, as Chrysostom states (Hom. xxiv in Matth.). It is also evident as regards the pain of sense, as to the remorse of conscience; although as to the pain of fire, the punishments may perhaps not be improportionate to one another.

If, however, this be taken as meaning that many venial sins make one mortal sin dispositively, it is true, as was shown above (A. 3) with regard to the two different manners of disposition, whereby venial sin disposes to mortal sin.

Reply Obj. 1: Augustine is referring to the fact of many venial sins making one mortal sin dispositively.

Reply Obj. 2: The same movement of the sensuality which preceded the consent of reason can never become a mortal sin; but the movement of the reason in consenting is a mortal sin.

Reply Obj. 3: Disease of the body is not an act, but an abiding disposition; wherefore, while remaining the same disease, it may undergo change. On the other hand, venial sin is a transient act, which cannot be taken up again: so that in this respect the comparison fails.

Reply Obj. 4: A disposition that becomes a habit, is like an imperfect thing in the same species; thus imperfect science, by being perfected, becomes a habit. On the other hand, venial sin is a disposition to something differing generically, even as an accident which disposes to a substantial form, into which it is never changed. ________________________

FIFTH ARTICLE [I-II, Q. 88, Art. 5]

Whether a Circumstance Can Make a Venial Sin to Be Mortal?

Objection 1: It would seem that a circumstance can make a venial sin mortal. For Augustine says in a sermon on Purgatory (De Sanctis, serm. xli) that "if anger continue for a long time, or if drunkenness be frequent, they become mortal sins." But anger and drunkenness are not mortal but venial sins generically, else they would always be mortal sins. Therefore a circumstance makes a venial sin to be mortal.

Obj. 2: Further, the Master says (Sentent. ii, D, 24) that delectation, if morose [*See Q. 74, A. 6], is a mortal sin, but that if it be not morose, it is a venial sin. Now moroseness is a circumstance. Therefore a circumstance makes a venial sin to be mortal.

Obj. 3: Further, evil and good differ more than venial and mortal sin, both of which are generically evil. But a circumstance makes a good act to be evil, as when a man gives an alms for vainglory. Much more, therefore, can it make a venial sin to be mortal.

On the contrary,Since a circumstance is an accident, its quantity cannot exceed that of the act itself, derived from the act's genus, because the subject always excels its accident. If, therefore, an act be venial by reason of its genus, it cannot become mortal by reason of an accident: since, in a way, mortal sin infinitely surpasses the quantity of venial sin, as is evident from what has been said (Q. 72, A. 5, ad 1; Q. 87, A. 5, ad 1).

I answer that,As stated above (Q. 7, A. 1; Q. 18, A. 5, ad 4; AA. 10, 11), when we were treating of circumstances, a circumstance, as such, is an accident of the moral act: and yet a circumstance may happen to be taken as the specific difference of a moral act, and then it loses its nature of circumstance, and constitutes the species of the moral act. This happens in sins when a circumstance adds the deformity of another genus; thus when a man has knowledge of another woman than his wife, the deformity of his act is opposed to chastity; but if this other be another man's wife, there is an additional deformity opposed to justice which forbids one to take what belongs to another; and accordingly this circumstance constitutes a new species of sin known as adultery.

It is, however, impossible for a circumstance to make a venial sin become mortal, unless it adds the deformity of another species. For it has been stated above (A. 1) that the deformity of a venial sin consists in a disorder affecting things that are referred to the end, whereas the deformity of a mortal sin consists in a disorder about the last end. Consequently it is evident that a circumstance cannot make a venial sin to be mortal, so long as it remains a circumstance, but only when it transfers the sin to another species, and becomes, as it were, the specific difference of the moral act.

Reply Obj. 1: Length of time is not a circumstance that draws a sin to another species, nor is frequency or custom, except perhaps by something accidental supervening. For an action does not acquire a new species through being repeated or prolonged, unless by chance something supervene in the repeated or prolonged act to change its species, e.g. disobedience, contempt, or the like.

We must therefore reply to the objection by saying that since anger is a movement of the soul tending to the hurt of one's neighbor, if the angry movement tend to a hurt which is a mortal sin generically, such as murder or robbery, that anger will be a mortal sin generically: and if it be a venial sin, this will be due to the imperfection of the act, in so far as it is a sudden movement of the sensuality: whereas, if it last a long time, it returns to its generic nature, through the consent of reason. If, on the other hand, the hurt to which the angry movement tends, is a sin generically venial, for instance, if a man be angry with someone, so as to wish to say some trifling word in jest that would hurt him a little, the anger will not be mortal sin, however long it last, unless perhaps accidentally; for instance, if it were to give rise to great scandal or something of the kind.

With regard to drunkenness we reply that it is a mortal sin by reason of its genus; for, that a man, without necessity, and through the mere lust of wine, make himself unable to use his reason, whereby he is directed to God and avoids committing many sins, is expressly contrary to virtue. That it be a venial sin, is due some sort of ignorance or weakness, as when a man is ignorant of the strength of the wine, or of his own unfitness, so that he has no thought of getting drunk, for in that case the drunkenness is not imputed to him as a sin, but only the excessive drink. If, however, he gets drunk frequently, this ignorance no longer avails as an excuse, for his will seems to choose to give way to drunkenness rather than to refrain from excess of wine: wherefore the sin returns to its specific nature.

Reply Obj. 2: Morose delectation is not a mortal sin except in those matters which are mortal sins generically. In such matters, if the delectation be not morose, there is a venial sin through imperfection of the act, as we have said with regard to anger (ad 1): because anger is said to be lasting, and delectation to be morose, on account of the approval of the deliberating reason.

Reply Obj. 3: A circumstance does not make a good act to be evil, unless it constitute the species of a sin, as we have stated above (Q. 18, A. 5, ad 4). ________________________

SIXTH ARTICLE [I-II, Q. 88, Art. 6]

Whether a Mortal Sin Can Become Venial?

Objection 1: It would seem that a mortal sin can become venial. Because venial sin is equally distant from mortal, as mortal sin is from venial. But a venial sin can become mortal, as stated above (A. 5). Therefore also a mortal sin can become venial.

Obj. 2: Further, venial and mortal sin are said to differ in this, that he who sins mortally loves a creature more than God, while he who sins venially loves the creature less than God. Now it may happen that a person in committing a sin generically mortal, loves a creature less than God; for instance, if anyone being ignorant that simple fornication is a mortal sin, and contrary to the love of God, commits the sin of fornication, yet so as to be ready, for the love of God, to refrain from that sin if he knew that by committing it he was acting counter to the love of God. Therefore his will be a venial sin; and accordingly a mortal sin can become venial.

Obj. 3: Further, as stated above (A. 5, Obj. 3), good is more distant from evil, than venial from mortal sin. But an act which is evil in itself, can become good; thus to kill a man may be an act of justice, as when a judge condemns a thief to death. Much more therefore can a mortal sin become venial.

On the contrary,An eternal thing can never become temporal. But mortal sin deserves eternal punishment, whereas venial sin deserves temporal punishment. Therefore a mortal sin can never become venial.

I answer that,Venial and mortal differ as perfect and imperfect in the genus of sin, as stated above (A. 1, ad 1). Now the imperfect can become perfect, by some sort of addition: and, consequently, a venial sin can become mortal, by the addition of some deformity pertaining to the genus of mortal sin, as when a man utters an idle word for the purpose of fornication. On the other hand, the perfect cannot become imperfect, by addition; and so a mortal sin cannot become venial, by the addition of a deformity pertaining to the genus of venial sin, for the sin is not diminished if a man commit fornication in order to utter an idle word; rather is it aggravated by the additional deformity.

Nevertheless a sin which is generically mortal, can become venial by reason of the imperfection of the act, because then it does not completely fulfil the conditions of a moral act, since it is not a deliberate, but a sudden act, as is evident from what we have said above (A. 2). This happens by a kind of subtraction, namely, of deliberate reason. And since a moral act takes its species from deliberate reason, the result is that by such a subtraction the species of the act is destroyed.

Reply Obj. 1: Venial differs from mortal as imperfect from perfect, even as a boy differs from a man. But the boy becomes a man and not vice versa. Hence the argument does not prove.

Reply Obj. 2: If the ignorance be such as to excuse sin altogether, as the ignorance of a madman or an imbecile, then he that commits fornication in a state of such ignorance, commits no sin either mortal or venial. But if the ignorance be not invincible, then the ignorance itself is a sin, and contains within itself the lack of the love of God, in so far as a man neglects to learn those things whereby he can safeguard himself in the love of God.

Reply Obj. 3: As Augustine says (Contra Mendacium vii), "those things which are evil in themselves, cannot be well done for any good end." Now murder is the slaying of the innocent, and this can nowise be well done. But, as Augustine states (De Lib. Arb. i, 4, 5), the judge who sentences a thief to death, or the soldier who slays the enemy of the common weal, are not murderers. ________________________

OF VENIAL SIN IN ITSELF(In Six Articles)

We must now consider venial sin in itself, and under this head there are six points of inquiry:

(1) Whether venial sin causes a stain in the soul?

(2) Of the different kinds of venial sin, as denoted by "wood," "hay," "stubble" (1 Cor. 3:12);

(3) Whether man could sin venially in the state of innocence?

(4) Whether a good or a wicked angel can sin venially?

(5) Whether the movements of unbelievers are venial sins?

(6) Whether venial sin can be in a man with original sin alone? ________________________

FIRST ARTICLE [I-II, Q. 89, Art. 1]

Whether Venial Sin Causes a Stain on the Soul?

Objection 1: It would seem that venial sin causes a stain in the soul. For Augustine says (De Poenit.) [*Hom. 50, inter. L., 2], that if venial sins be multiplied, they destroy the beauty of our souls so as to deprive us of the embraces of our heavenly spouse. But the stain of sin is nothing else but the loss of the soul's beauty. Therefore venial sins cause a stain in the soul.

Obj. 2: Further, mortal sin causes a stain in the soul, on account of the inordinateness of the act and of the sinner's affections. But, in venial sin, there is an inordinateness of the act and of the affections. Therefore venial sin causes a stain in the soul.

Obj. 3: Further, the stain on the soul is caused by contact with a temporal thing, through love thereof as stated above (Q. 86, A. 1). But, in venial sin, the soul is in contact with a temporal thing through inordinate love. therefore, venial sin brings a stain on the soul.

On the contrary,it is written, (Eph. 5:27): "That He might present it to Himself a glorious church, not having spot or wrinkle," on which the gloss says: "i.e., some grievous sin." Therefore it seems proper to mortal sin to cause a stain on the soul.

I answer that as stated above (Q. 86, A. 1), a stain denotes a loss of comeliness due to contact with something, as may be seen in corporeal matters, from which the term has been transferred to the soul, by way of similitude. Now, just as in the body there is a twofold comeliness, one resulting from the inward disposition of the members and colors, the other resulting from outward refulgence supervening, so too, in the soul, there is a twofold comeliness, one habitual and, so to speak, intrinsic, the other actual like an outward flash of light. Now venial sin is a hindrance to actual comeliness, but not to habitual comeliness, because it neither destroys nor diminishes the habit of charity and of the other virtues, as we shall show further on (II-II, Q. 24, A. 10; Q. 133, A. 1, ad 2), but only hinders their acts. On the other hand a stain denotes something permanent in the thing stained, wherefore it seems in the nature of a loss of habitual rather than of actual comeliness. Therefore, properly speaking, venial sin does not cause a stain in the soul. If, however, we find it stated anywhere that it does induce a stain, this is in a restricted sense, in so far as it hinders the comeliness that results from acts of virtue.

Reply Obj. 1: Augustine is speaking of the case in which many venial sins lead to mortal sin dispositively: because otherwise they would not sever the soul from its heavenly spouse.

Reply Obj. 2: In mortal sin the inordinateness of the act destroys the habit of virtue, but not in venial sin.

Reply Obj. 3: In mortal sin the soul comes into contact with a temporal thing as its end, so that the shedding of the light of grace, which accrues to those who, by charity, cleave to God as their last end, is entirely cut off.On the contrary,in venial sin, man does not cleave to a creature as his last end: hence there is no comparison. ________________________

SECOND ARTICLE [I-II, Q. 89, Art. 2]

Whether Venial Sins Are Suitably Designated As "Wood, Hay, andStubble"?

Objection 1: It would seem that venial sins are unsuitably designated as "wood, hay, and stubble." Because wood, hay, and stubble are said (1 Cor. 3:12) to be built on a spiritual foundation. Now venial sins are something outside a spiritual foundation, even as false opinions are outside the pale of science. Therefore, venial sins are not suitably designated as wood, hay, and stubble.

Obj. 2: Further, he who builds wood, hay, and stubble, "shall be saved yet so as by fire" (1 Cor. 3:15). But sometimes the man who commits a venial sin, will not be saved, even by fire, e.g. when a man dies in mortal sin to which venial sins are attached. Therefore, venial sins are unsuitably designated by wood, hay, and stubble.

Obj. 3: Further, according to the Apostle (1 Cor. 3:12) those who build "gold, silver, precious stones," i.e. love of God and our neighbor, and good works, are others from those who build wood, hay, and stubble. But those even who love God and their neighbor, and do good works, commit venial sins: for it is written (1 John 1:8): "If we say that we have no sin, we deceive ourselves." Therefore venial sins are not suitably designated by these three.

Obj. 4: Further, there are many more than three differences and degrees of venial sins. Therefore they are unsuitably comprised under these three.

On the contrary,The Apostle says (1 Cor. 3:15) that the man who builds up wood, hay and stubble, "shall be saved yet so as by fire," so that he will suffer punishment, but not everlasting. Now the debt of temporal punishment belongs properly to venial sin, as stated above (Q. 87, A. 5). Therefore these three signify venial sins.

I answer that,Some have understood the "foundation" to be dead faith, upon which some build good works, signified by gold, silver, and precious stones, while others build mortal sins, which according to them are designated by wood, hay and stubble. But Augustine disapproves of this explanation (De Fide et Oper. xv), because, as the Apostle says (Gal. 5:21), he who does the works of the flesh, "shall not obtain the kingdom of God," which signifies to be saved; whereas the Apostle says that he who builds wood, hay, and stubble "shall be saved yet so as by fire." Consequently wood, hay, stubble cannot be understood to denote mortal sins.

Others say that wood, hay, stubble designate good works, which are indeed built upon the spiritual edifice, but are mixed with venial sins: as, when a man is charged with the care of a family, which is a good thing, excessive love of his wife or of his children or of his possessions insinuates itself into his life, under God however, so that, to wit, for the sake of these things he would be unwilling to do anything in opposition to God. But neither does this seem to be reasonable. For it is evident that all good works are referred to the love of God, and one's neighbor, wherefore they are designated by "gold," "silver," and "precious stones," and consequently not by "wood," "hay," and "stubble."

We must therefore say that the very venial sins that insinuate themselves into those who have a care for earthly things, are designated by wood, hay, and stubble. For just as these are stored in a house, without belonging to the substance of the house, and can be burnt, while the house is saved, so also venial sins are multiplied in a man, while the spiritual edifice remains, and for them, man suffers fire, either of temporal trials in this life, or of purgatory after this life, and yet he is saved for ever.

Reply Obj. 1: Venial sins are not said to be built upon the spiritual foundation, as though they were laid directly upon it, but because they are laid beside it; in the same sense as it is written (Ps. 136:1): "Upon the waters of Babylon," i.e. "beside the waters": because venial sins do not destroy the edifice.

Reply Obj. 2: It is not said that everyone who builds wood, hay and stubble, shall be saved as by fire, but only those who build "upon" the "foundation." And this foundation is not dead faith, as some have esteemed, but faith quickened by charity, according to Eph. 3:17: "Rooted and founded in charity." Accordingly, he that dies in mortal sin with venial sins, has indeed wood, hay, and stubble, but not built upon the spiritual edifice; and consequently he will not be saved so as by fire.

Reply Obj. 3: Although those who are withdrawn from the care of temporal things, sin venially sometimes, yet they commit but slight venial sins, and in most cases they are cleansed by the fervor of charity: wherefore they do not build up venial sins, because these do not remain long in them. But the venial sins of those who are busy about earthly things remain longer, because they are unable to have such frequent recourse to the fervor of charity in order to remove them.

Reply Obj. 4: As the Philosopher says (De Coelo i, text. 2), "all things are comprised under three, the beginning, the middle, the end." Accordingly all degrees of venial sins are reduced to three, viz. to "wood," which remains longer in the fire; "stubble," which is burnt up at once; and "hay," which is between these two: because venial sins are removed by fire, quickly or slowly, according as man is more or less attached to them. ________________________

THIRD ARTICLE [I-II, Q. 89, Art. 3]

Whether Man Could Commit a Venial Sin in the State of Innocence?

Objection 1: It would seem that man could commit a venial sin in the state of innocence. Because on 1 Tim. 2:14, "Adam was not seduced," a gloss says: "Having had no experience of God's severity, it was possible for him to be so mistaken as to think that what he had done was a venial sin." But he would not have thought this unless he could have committed a venial sin. Therefore he could commit a venial sin without sinning mortally.

Obj. 2: Further Augustine says (Gen. ad lit. xi, 5): "We must not suppose that the tempter would have overcome man, unless first of all there had arisen in man's soul a movement of vainglory which should have been checked." Now the vainglory which preceded man's defeat, which was accomplished through his falling into mortal sin, could be nothing more than a venial sin. In like manner, Augustine says (Gen. ad lit. xi, 5) that "man was allured by a certain desire of making the experiment, when he saw that the woman did not die when she had taken the forbidden fruit." Again there seems to have been a certain movement of unbelief in Eve, since she doubted what the Lord had said, as appears from her saying (Gen. 3:3): "Lest perhaps we die." Now these apparently were venial sins. Therefore man could commit a venial sin before he committed a mortal sin.

Obj. 3: Further, mortal sin is more opposed to the integrity of the original state, than venial sin is. Now man could sin mortally notwithstanding the integrity of the original state. Therefore he could also sin venially.

On the contrary,Every sin deserves some punishment. But nothing penal was possible in the state of innocence, as Augustine declares (De Civ. Dei xiv, 10). Therefore he could not commit a sin that would not deprive him of that state of integrity. But venial sin does not change man's state. Therefore he could not sin venially.

I answer that,It is generally admitted that man could not commit a venial sin in the state of innocence. This, however, is not to be understood as though on account of the perfection of his state, the sin which is venial for us would have been mortal for him, if he had committed it. Because the dignity of a person is circumstance that aggravates a sin, but it does not transfer it to another species, unless there be an additional deformity by reason of disobedience, or vow or the like, which does not apply to the question in point. Consequently what is venial in itself could not be changed into mortal by reason of the excellence of the original state. We must therefore understand this to mean that he could not sin venially, because it was impossible for him to commit a sin which was venial in itself, before losing the integrity of the original state by sinning mortally.

The reason for this is because venial sin occurs in us, either through the imperfection of the act, as in the case of sudden movements, in a genus of mortal sin or through some inordinateness in respect of things referred to the end, the due order of the end being safeguarded. Now each of these happens on account of some defect of order, by reason of the lower powers not being checked by the higher. Because the sudden rising of a movement of the sensuality in us is due to the sensuality not being perfectly subject to reason: and the sudden rising of a movement of reason itself is due, in us, to the fact that the execution of the act of reason is not subject to the act of deliberation which proceeds from a higher good, as stated above (Q. 74, A. 10); and that the human mind be out of order as regards things directed to the end, the due order of the end being safeguarded, is due to the fact that the things referred to the end are not infallibly directed under the end, which holds the highest place, being the beginning, as it were, in matters concerning the appetite, as stated above (Q. 10, AA. 1, 2, ad 3; Q. 72, A. 5). Now, in the state of innocence, as stated in the First Part (Q. 95, A. 1), there was an unerring stability of order, so that the lower powers were always subjected to the higher, so long as man remained subject to God, as Augustine says (De Civ. Dei xiv, 13). Hence there can be no inordinateness in man, unless first of all the highest part of man were not subject to God, which constitutes a mortal sin. From this it is evident that, in the state of innocence, man could not commit a venial sin, before committing a mortal sin.

Reply Obj. 1: In the passage quoted, venial is not taken in the same sense as we take it now; but by venial sin we mean that which is easily forgiven.

Reply Obj. 2: This vainglory which preceded man's downfall, was his first mortal sin, for it is stated to have preceded his downfall into the outward act of sin. This vainglory was followed, in the man, by the desire to make and experiment, and in the woman, by doubt, for she gave way to vainglory, merely through hearing the serpent mention the precept, as though she refused to be held in check by the precept.

Reply Obj. 3: Mortal sin is opposed to the integrity of the original state in the fact of its destroying that state: this a venial sin cannot do. And because the integrity of the primitive state is incompatible with any inordinateness whatever, the result is that the first man could not sin venially, before committing a mortal sin. ________________________

FOURTH ARTICLE [I-II, Q. 89, Art. 4]

Whether a Good or a Wicked Angel Can Sin Venially?

Objection 1: It seems that a good or wicked angel can sin venially. Because man agrees with the angels in the higher part of his soul which is called the mind, according to Gregory, who says (Hom. xxix in Evang.) that "man understands in common with the angels." But man can commit a venial sin in the higher part of his soul. Therefore an angel can commit a venial sin also.

Obj. 2: Further, He that can do more can do less. But an angel could love a created good more than God, and he did, by sinning mortally. Therefore he could also love a creature less than God inordinately, by sinning venially.

Obj. 3: Further, wicked angels seem to do things which are venial sins generically, by provoking men to laughter, and other like frivolities. Now the circumstance of the person does not make a mortal sin to be venial as stated above (A. 3), unless there is a special prohibition, which is not the case in point. Therefore an angel can sin venially.

On the contrary,The perfection of an angel is greater than that of man in the primitive state. But man could not sin venially in the primitive state, and much less, therefore, can an angel.

I answer that,An angel's intellect, as stated above in the First Part (Q. 58, A. 3; Q. 79, A. 8), is not discursive, i.e. it does not proceed from principles to conclusions, so as to understand both separately, as we do. Consequently, whenever the angelic intellect considers a conclusion, it must, of necessity, consider it in its principles. Now in matters of appetite, as we have often stated (Q. 8, A. 2; Q. 10, A. 1; Q. 72, A. 5), ends are like principles, while the means are like conclusions. Wherefore, an angel's mind is not directed to the means, except as they stand under the order to the end. Consequently, from their very nature, they can have no inordinateness in respect of the means, unless at the same time they have an inordinateness in respect of the end, and this is a mortal sin. Now good angels are not moved to the means, except in subordination to the due end which is God: wherefore all their acts are acts of charity, so that no venial sin can be in them. On the other hand, wicked angels are moved to nothing except in subordination to the end which is their sin of pride. Therefore they sin mortally in everything that they do of their own will. This does not apply to the appetite for the natural good, which appetite we have stated to be in them (I, Q. 63, A. 4; Q. 64, A. 2, ad 5).

Reply Obj. 1: Man does indeed agree with the angels in the mind or intellect, but he differs in his mode of understanding, as stated above.

Reply Obj. 2: An angel could not love a creature less than God, without, at the same time, either referring it to God, as the last end, or to some inordinate end, for the reason given above.

Reply Obj. 3: The demons incite man to all such things which seem venial, that he may become used to them, so as to lead him on to mortal sin. Consequently in all such things they sin mortally, on account of the end they have in view. ________________________

FIFTH ARTICLE [I-II, Q. 89, Art. 5]

Whether the First Movements of the Sensuality in Unbelievers AreMortal Sin?

Objection 1: It would seem that the first movements of the sensuality in unbelievers are mortal sins. For the Apostle says (Rom. 8:1) that "there is . . . no condemnation to them that are in Christ Jesus, who walk not according to the flesh": and he is speaking there of the concupiscence of the sensuality, as appears from the context (Rom. 7). Therefore the reason why concupiscence is not a matter of condemnation to those who walk not according to the flesh, i.e. by consenting to concupiscence, is because they are in Christ Jesus. But unbelievers are not in Christ Jesus. Therefore in unbelievers this is a matter of condemnation. Therefore the first movements of unbelievers are mortal sins.

Obj. 2: Further Anselm says (De Gratia et Lib. Arb. vii): "Those who are not in Christ, when they feel the sting of the flesh, follow the road of damnation, even if they walk not according to the flesh." But damnation is not due save to mortal sin. Therefore, since man feels the sting of the flesh in the first movements of the concupiscence, it seems that the first movements of concupiscence in unbelievers are mortal sins.

Obj. 3: Further, Anselm says (De Gratia et Lib. Arb. vii): "Man was so made that he was not liable to feel concupiscence." Now this liability seems to be remitted to man by the grace of Baptism, which the unbeliever has not. Therefore every act of concupiscence in an unbeliever, even without his consent, is a mortal sin, because he acts against his duty.

On the contrary,It is stated in Acts 10:34 that "God is not a respecter of persons." Therefore he does not impute to one unto condemnation, what He does not impute to another. But he does not impute first movements to believers, unto condemnation. Neither therefore does He impute them to unbelievers.

I answer that,It is unreasonable to say that the first movements of unbelievers are mortal sins, when they do not consent to them. This is evident for two reasons. First, because the sensuality itself could not be the subject of mortal sin, as stated above (Q. 79, A. 4). Now the sensuality has the same nature in unbelievers as in believers. Therefore it is not possible for the mere movements of the sensuality in unbelievers, to be mortal sins.

Secondly, from the state of the sinner. Because excellence of the person never diminishes sin, but, on the contrary, increases it, as stated above (Q. 73, A. 10). Therefore a sin is not less grievous in a believer than in an unbeliever, but much more so. For the sins of an unbeliever are more deserving of forgiveness, on account of their ignorance, according to 1 Tim. 1:13: "I obtained the mercy of God, because I did it ignorantly in my unbelief": whereas the sins of believers are more grievous on account of the sacraments of grace, according to Heb. 10:29: "How much more, do you think, he deserveth worse punishments . . . who hath esteemed the blood of the testament unclean, by which he was sanctified?"

Reply Obj. 1: The Apostle is speaking of the condemnation due to original sin, which condemnation is remitted by the grace of Jesus Christ, although thefomesof concupiscence remain. Wherefore the fact that believers are subject to concupiscence is not in them a sign of the condemnation due to original sin, as it is in unbelievers.

In this way also is to be understood the saying of Anselm, wherefore the Reply to the Second Objection is evident.

Reply Obj. 3: This freedom from liability to concupiscence was a result of original justice. Wherefore that which is opposed to such liability pertains, not to actual but to original sin. ________________________

SIXTH ARTICLE [I-II, Q. 89, Art. 6]

Whether Venial Sin Can Be in Anyone with Original Sin Alone?

Objection 1: It would seem that venial sin can be in a man with original sin alone. For disposition precedes habit. Now venial sin is a disposition to mortal sin, as stated above (Q. 88, A. 3). Therefore in an unbeliever, in whom original sin is not remitted, venial sin exists before mortal sin: and so sometimes unbelievers have venial together with original sin, and without mortal sins.

Obj. 2: Further, venial sin has less in common, and less connection with mortal sin, than one mortal sin has with another. But an unbeliever in the state of original sin, can commit one mortal sin without committing another. Therefore he can also commit a venial sin without committing a mortal sin.

Obj. 3: Further, it is possible to fix the time at which a child is first able to commit an actual sin: and when the child comes to that time, it can stay a short time at least, without committing a mortal sin, because this happens in the worst criminals. Now it is possible for the child to sin venially during that space of time, however short it may be. Therefore venial sin can be in anyone with original sin alone and without mortal sin.

On the contrary,Man is punished for original sin in the children's limbo, where there is no pain of sense as we shall state further on (II-II, Q. 69, A. 6): whereas men are punished in hell for no other than mortal sin. Therefore there will be no place where a man can be punished for venial sin with no other than original sin.

I answer that,It is impossible for venial sin to be in anyone with original sin alone, and without mortal sin. The reason for this is because before a man comes to the age of discretion, the lack of years hinders the use of reason and excuses him from mortal sin, wherefore, much more does it excuse him from venial sin, if he does anything which is such generically. But when he begins to have the use of reason, he is not entirely excused from the guilt of venial or mortal sin. Now the first thing that occurs to a man to think about then, is to deliberate about himself. And if he then direct himself to the due end, he will, by means of grace, receive the remission of original sin: whereas if he does not then direct himself to the due end, as far as he is capable of discretion at that particular age, he will sin mortally, through not doing that which is in his power to do. Accordingly thenceforward there cannot be venial sin in him without mortal, until afterwards all sin shall have been remitted to him through grace.

Reply Obj. 1: Venial sin always precedes mortal sin not as a necessary, but as a contingent disposition, just as work sometimes disposes to fever, but not as heat disposes to the form of fire.

Reply Obj. 2: Venial sin is prevented from being with original sin alone, not on account of its want of connection or likeness, but on account of the lack of use of reason, as stated above.

Reply Obj. 3: The child that is beginning to have the use of reason can refrain from other mortal sins for a time, but it is not free from the aforesaid sin of omission, unless it turns to God as soon as possible. For the first thing that occurs to a man who has discretion, is to think of himself, and to direct other things to himself as to their end, since the end is the first thing in the intention. Therefore this is the time when man is bound by God's affirmative precept, which the Lord expressed by saying (Zech. 1:3): "Turn ye to Me . . . and I will turn to you." ________________________

TREATISE ON LAW (QQ. 90-108) ________________________

OF THE ESSENCE OF LAW(In Four Articles)

We have now to consider the extrinsic principles of acts. Now the extrinsic principle inclining to evil is the devil, of whose temptations we have spoken in the First Part (Q. 114). But the extrinsic principle moving to good is God, Who both instructs us by means of His Law, and assists us by His Grace: wherefore in the first place we must speak of law; in the second place, of grace.

Concerning law, we must consider: (1) Law itself in general; (2) its parts. Concerning law in general three points offer themselves for our consideration: (1) Its essence; (2) The different kinds of law; (3) The effects of law.

Under the first head there are four points of inquiry:

(1) Whether law is something pertaining to reason?

(2) Concerning the end of law;

(3) Its cause;

(4) The promulgation of law. ________________________

FIRST ARTICLE [I-II, Q. 90, Art. 1]

Whether Law Is Something Pertaining to Reason?

Objection 1: It would seem that law is not something pertaining to reason. For the Apostle says (Rom. 7:23): "I see another law in my members," etc. But nothing pertaining to reason is in the members; since the reason does not make use of a bodily organ. Therefore law is not something pertaining to reason.

Obj. 2: Further, in the reason there is nothing else but power, habit, and act. But law is not the power itself of reason. In like manner, neither is it a habit of reason: because the habits of reason are the intellectual virtues of which we have spoken above (Q. 57). Nor again is it an act of reason: because then law would cease, when the act of reason ceases, for instance, while we are asleep. Therefore law is nothing pertaining to reason.

Obj. 3: Further, the law moves those who are subject to it to act aright. But it belongs properly to the will to move to act, as is evident from what has been said above (Q. 9, A. 1). Therefore law pertains, not to the reason, but to the will; according to the words of the Jurist (Lib. i, ff., De Const. Prin. leg. i): "Whatsoever pleaseth the sovereign, has force of law."

On the contrary,It belongs to the law to command and to forbid. But it belongs to reason to command, as stated above (Q. 17, A. 1). Therefore law is something pertaining to reason.

I answer that,Law is a rule and measure of acts, whereby man is induced to act or is restrained from acting: forlex(law) is derived fromligare(to bind), because it binds one to act. Now the rule and measure of human acts is the reason, which is the first principle of human acts, as is evident from what has been stated above (Q. 1, A. 1, ad 3); since it belongs to the reason to direct to the end, which is the first principle in all matters of action, according to the Philosopher (Phys. ii). Now that which is the principle in any genus, is the rule and measure of that genus: for instance, unity in the genus of numbers, and the first movement in the genus of movements. Consequently it follows that law is something pertaining to reason.

Reply Obj. 1: Since law is a kind of rule and measure, it may be in something in two ways. First, as in that which measures and rules: and since this is proper to reason, it follows that, in this way, law is in the reason alone. Secondly, as in that which is measured and ruled. In this way, law is in all those things that are inclined to something by reason of some law: so that any inclination arising from a law, may be called a law, not essentially but by participation as it were. And thus the inclination of the members to concupiscence is called "the law of the members."

Reply Obj. 2: Just as, in external action, we may consider the work and the work done, for instance the work of building and the house built; so in the acts of reason, we may consider the act itself of reason, i.e. to understand and to reason, and something produced by this act. With regard to the speculative reason, this is first of all the definition; secondly, the proposition; thirdly, the syllogism or argument. And since also the practical reason makes use of a syllogism in respect of the work to be done, as stated above (Q. 13, A. 3; Q. 76, A. 1) and since as the Philosopher teaches (Ethic. vii, 3); hence we find in the practical reason something that holds the same position in regard to operations, as, in the speculative intellect, the proposition holds in regard to conclusions. Such like universal propositions of the practical intellect that are directed to actions have the nature of law. And these propositions are sometimes under our actual consideration, while sometimes they are retained in the reason by means of a habit.

Reply Obj. 3: Reason has its power of moving from the will, as stated above (Q. 17, A. 1): for it is due to the fact that one wills the end, that the reason issues its commands as regards things ordained to the end. But in order that the volition of what is commanded may have the nature of law, it needs to be in accord with some rule of reason. And in this sense is to be understood the saying that the will of the sovereign has the force of law; otherwise the sovereign's will would savor of lawlessness rather than of law. ________________________

SECOND ARTICLE [I-II, Q. 90, Art. 2]

Whether the Law Is Always Something Directed to the Common Good?

Objection 1: It would seem that the law is not always directed to the common good as to its end. For it belongs to law to command and to forbid. But commands are directed to certain individual goods. Therefore the end of the law is not always the common good.

Obj. 2: Further, the law directs man in his actions. But human actions are concerned with particular matters. Therefore the law is directed to some particular good.

Obj. 3: Further, Isidore says (Etym. v, 3): "If the law is based on reason, whatever is based on reason will be a law." But reason is the foundation not only of what is ordained to the common good, but also of that which is directed to private good. Therefore the law is not only directed to the good of all, but also to the private good of an individual.

On the contrary,Isidore says (Etym. v, 21) that "laws are enacted for no private profit, but for the common benefit of the citizens."

I answer that,As stated above (A. 1), the law belongs to that which is a principle of human acts, because it is their rule and measure. Now as reason is a principle of human acts, so in reason itself there is something which is the principle in respect of all the rest: wherefore to this principle chiefly and mainly law must needs be referred. Now the first principle in practical matters, which are the object of the practical reason, is the last end: and the last end of human life is bliss or happiness, as stated above (Q. 2, A. 7; Q. 3, A. 1). Consequently the law must needs regard principally the relationship to happiness. Moreover, since every part is ordained to the whole, as imperfect to perfect; and since one man is a part of the perfect community, the law must needs regard properly the relationship to universal happiness. Wherefore the Philosopher, in the above definition of legal matters mentions both happiness and the body politic: for he says (Ethic. v, 1) that we call those legal matters "just, which are adapted to produce and preserve happiness and its parts for the body politic": since the state is a perfect community, as he says inPolit.i, 1.

Now in every genus, that which belongs to it chiefly is the principle of the others, and the others belong to that genus in subordination to that thing: thus fire, which is chief among hot things, is the cause of heat in mixed bodies, and these are said to be hot in so far as they have a share of fire. Consequently, since the law is chiefly ordained to the common good, any other precept in regard to some individual work, must needs be devoid of the nature of a law, save in so far as it regards the common good. Therefore every law is ordained to the common good.

Reply Obj. 1: A command denotes an application of a law to matters regulated by the law. Now the order to the common good, at which the law aims, is applicable to particular ends. And in this way commands are given even concerning particular matters.

Reply Obj. 2: Actions are indeed concerned with particular matters: but those particular matters are referable to the common good, not as to a common genus or species, but as to a common final cause, according as the common good is said to be the common end.

Reply Obj. 3: Just as nothing stands firm with regard to the speculative reason except that which is traced back to the first indemonstrable principles, so nothing stands firm with regard to the practical reason, unless it be directed to the last end which is the common good: and whatever stands to reason in this sense, has the nature of a law. ________________________

THIRD ARTICLE [I-II, Q. 90, Art. 3]

Whether the Reason of Any Man Is Competent to Make Laws?

Objection 1: It would seem that the reason of any man is competent to make laws. For the Apostle says (Rom. 2:14) that "when the Gentiles, who have not the law, do by nature those things that are of the law . . . they are a law to themselves." Now he says this of all in general. Therefore anyone can make a law for himself.

Obj. 2: Further, as the Philosopher says (Ethic. ii, 1), "the intention of the lawgiver is to lead men to virtue." But every man can lead another to virtue. Therefore the reason of any man is competent to make laws.

Obj. 3: Further, just as the sovereign of a state governs the state, so every father of a family governs his household. But the sovereign of a state can make laws for the state. Therefore every father of a family can make laws for his household.

On the contrary,Isidore says (Etym. v, 10): "A law is an ordinance of the people, whereby something is sanctioned by the Elders together with the Commonalty."

I answer that,A law, properly speaking, regards first and foremost the order to the common good. Now to order anything to the common good, belongs either to the whole people, or to someone who is the viceregent of the whole people. And therefore the making of a law belongs either to the whole people or to a public personage who has care of the whole people: since in all other matters the directing of anything to the end concerns him to whom the end belongs.

Reply Obj. 1: As stated above (A. 1, ad 1), a law is in a person not only as in one that rules, but also by participation as in one that is ruled. In the latter way each one is a law to himself, in so far as he shares the direction that he receives from one who rules him. Hence the same text goes on: "Who show the work of the law written in their hearts."

Reply Obj. 2: A private person cannot lead another to virtue efficaciously: for he can only advise, and if his advice be not taken, it has no coercive power, such as the law should have, in order to prove an efficacious inducement to virtue, as the Philosopher says (Ethic. x, 9). But this coercive power is vested in the whole people or in some public personage, to whom it belongs to inflict penalties, as we shall state further on (Q. 92, A. 2, ad 3; II-II, Q. 64, A. 3). Wherefore the framing of laws belongs to him alone.

Reply Obj. 3: As one man is a part of the household, so a household is a part of the state: and the state is a perfect community, according toPolit.i, 1. And therefore, as the good of one man is not the last end, but is ordained to the common good; so too the good of one household is ordained to the good of a single state, which is a perfect community. Consequently he that governs a family, can indeed make certain commands or ordinances, but not such as to have properly the force of law. ________________________

FOURTH ARTICLE [I-II, Q. 90, Art. 4]

Whether Promulgation Is Essential to a Law?

Objection 1: It would seem that promulgation is not essential to a law. For the natural law above all has the character of law. But the natural law needs no promulgation. Therefore it is not essential to a law that it be promulgated.

Obj. 2: Further, it belongs properly to a law to bind one to do or not to do something. But the obligation of fulfilling a law touches not only those in whose presence it is promulgated, but also others. Therefore promulgation is not essential to a law.

Obj. 3: Further, the binding force of a law extends even to the future, since "laws are binding in matters of the future," as the jurists say (Cod. 1, tit. De lege et constit. leg. vii). But promulgation concerns those who are present. Therefore it is not essential to a law.

On the contrary,It is laid down in theDecretals,dist. 4, that "laws are established when they are promulgated."

I answer that,As stated above (A. 1), a law is imposed on others by way of a rule and measure. Now a rule or measure is imposed by being applied to those who are to be ruled and measured by it. Wherefore, in order that a law obtain the binding force which is proper to a law, it must needs be applied to the men who have to be ruled by it. Such application is made by its being notified to them by promulgation. Wherefore promulgation is necessary for the law to obtain its force.

Thus from the four preceding articles, the definition of law may be gathered; and it is nothing else than an ordinance of reason for the common good, made by him who has care of the community, and promulgated.

Reply Obj. 1: The natural law is promulgated by the very fact thatGod instilled it into man's mind so as to be known by him naturally.

Reply Obj. 2: Those who are not present when a law is promulgated, are bound to observe the law, in so far as it is notified or can be notified to them by others, after it has been promulgated.

Reply Obj. 3: The promulgation that takes place now, extends to future time by reason of the durability of written characters, by which means it is continually promulgated. Hence Isidore says (Etym. v, 3; ii, 10) that "lex(law) is derived fromlegere(to read) because it is written." ________________________

OF THE VARIOUS KINDS OF LAW(In Six Articles)

We must now consider the various kinds of law: under which head there are six points of inquiry:

(1) Whether there is an eternal law?

(2) Whether there is a natural law?

(3) Whether there is a human law?

(4) Whether there is a Divine law?

(5) Whether there is one Divine law, or several?

(6) Whether there is a law of sin? ________________________

FIRST ARTICLE [I-II, Q. 91, Art. 1]

Whether There Is an Eternal Law?

Objection 1: It would seem that there is no eternal law. Because every law is imposed on someone. But there was not someone from eternity on whom a law could be imposed: since God alone was from eternity. Therefore no law is eternal.

Obj. 2: Further, promulgation is essential to law. But promulgation could not be from eternity: because there was no one to whom it could be promulgated from eternity. Therefore no law can be eternal.

Obj. 3: Further, a law implies order to an end. But nothing ordained to an end is eternal: for the last end alone is eternal. Therefore no law is eternal.

On the contrary,Augustine says (De Lib. Arb. i, 6): "That Law which is the Supreme Reason cannot be understood to be otherwise than unchangeable and eternal."

I answer that,As stated above (Q. 90, A. 1, ad 2; AA. 3, 4), a law is nothing else but a dictate of practical reason emanating from the ruler who governs a perfect community. Now it is evident, granted that the world is ruled by Divine Providence, as was stated in the First Part (Q. 22, AA. 1, 2), that the whole community of the universe is governed by Divine Reason. Wherefore the very Idea of the government of things in God the Ruler of the universe, has the nature of a law. And since the Divine Reason's conception of things is not subject to time but is eternal, according to Prov. 8:23, therefore it is that this kind of law must be called eternal.

Reply Obj. 1: Those things that are not in themselves, exist with God, inasmuch as they are foreknown and preordained by Him, according to Rom. 4:17: "Who calls those things that are not, as those that are." Accordingly the eternal concept of the Divine law bears the character of an eternal law, in so far as it is ordained by God to the government of things foreknown by Him.

Reply Obj. 2: Promulgation is made by word of mouth or in writing; and in both ways the eternal law is promulgated: because both the Divine Word and the writing of the Book of Life are eternal. But the promulgation cannot be from eternity on the part of the creature that hears or reads.

Reply Obj. 3: The law implies order to the end actively, in so far as it directs certain things to the end; but not passively—that is to say, the law itself is not ordained to the end—except accidentally, in a governor whose end is extrinsic to him, and to which end his law must needs be ordained. But the end of the Divine government is God Himself, and His law is not distinct from Himself. Wherefore the eternal law is not ordained to another end. ________________________

SECOND ARTICLE [I-II, Q. 91, Art. 2]

Whether There Is in Us a Natural Law?

Objection 1: It would seem that there is no natural law in us. Because man is governed sufficiently by the eternal law: for Augustine says (De Lib. Arb. i) that "the eternal law is that by which it is right that all things should be most orderly." But nature does not abound in superfluities as neither does she fail in necessaries. Therefore no law is natural to man.

Obj. 2: Further, by the law man is directed, in his acts, to the end, as stated above (Q. 90, A. 2). But the directing of human acts to their end is not a function of nature, as is the case in irrational creatures, which act for an end solely by their natural appetite; whereas man acts for an end by his reason and will. Therefore no law is natural to man.

Obj. 3: Further, the more a man is free, the less is he under the law. But man is freer than all the animals, on account of his free-will, with which he is endowed above all other animals. Since therefore other animals are not subject to a natural law, neither is man subject to a natural law.

On the contrary,A gloss on Rom. 2:14: "When the Gentiles, who have not the law, do by nature those things that are of the law," comments as follows: "Although they have no written law, yet they have the natural law, whereby each one knows, and is conscious of, what is good and what is evil."

I answer that,As stated above (Q. 90, A. 1, ad 1), law, being a rule and measure, can be in a person in two ways: in one way, as in him that rules and measures; in another way, as in that which is ruled and measured, since a thing is ruled and measured, in so far as it partakes of the rule or measure. Wherefore, since all things subject to Divine providence are ruled and measured by the eternal law, as was stated above (A. 1); it is evident that all things partake somewhat of the eternal law, in so far as, namely, from its being imprinted on them, they derive their respective inclinations to their proper acts and ends. Now among all others, the rational creature is subject to Divine providence in the most excellent way, in so far as it partakes of a share of providence, by being provident both for itself and for others. Wherefore it has a share of the Eternal Reason, whereby it has a natural inclination to its proper act and end: and this participation of the eternal law in the rational creature is called the natural law. Hence the Psalmist after saying (Ps. 4:6): "Offer up the sacrifice of justice," as though someone asked what the works of justice are, adds: "Many say, Who showeth us good things?" in answer to which question he says: "The light of Thy countenance, O Lord, is signed upon us": thus implying that the light of natural reason, whereby we discern what is good and what is evil, which is the function of the natural law, is nothing else than an imprint on us of the Divine light. It is therefore evident that the natural law is nothing else than the rational creature's participation of the eternal law.

Reply Obj. 1: This argument would hold, if the natural law were something different from the eternal law: whereas it is nothing but a participation thereof, as stated above.

Reply Obj. 2: Every act of reason and will in us is based on that which is according to nature, as stated above (Q. 10, A. 1): for every act of reasoning is based on principles that are known naturally, and every act of appetite in respect of the means is derived from the natural appetite in respect of the last end. Accordingly the first direction of our acts to their end must needs be in virtue of the natural law.

Reply Obj. 3: Even irrational animals partake in their own way of the Eternal Reason, just as the rational creature does. But because the rational creature partakes thereof in an intellectual and rational manner, therefore the participation of the eternal law in the rational creature is properly called a law, since a law is something pertaining to reason, as stated above (Q. 90, A. 1). Irrational creatures, however, do not partake thereof in a rational manner, wherefore there is no participation of the eternal law in them, except by way of similitude. ________________________

THIRD ARTICLE [I-II, Q. 91, Art. 3]

Whether There Is a Human Law?


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