There was, however, a reason for fixing on this particular number, in token of the unerring truth of the Divine Persons, Who are sometimes mentioned as two, because the Holy Ghost is the bond of the other two Persons; and sometimes as three: as Augustine observes on John 8:17: "In your law it is written that the testimony of two men is true."
Reply Obj. 9: A severe punishment is inflicted not only on account of the gravity of a fault, but also for other reasons. First, on account of the greatness of the sin, because a greater sin, other things being equal, deserves a greater punishment. Secondly, on account of a habitual sin, since men are not easily cured of habitual sin except by severe punishments. Thirdly, on account of a great desire for or a great pleasure in the sin: for men are not easily deterred from such sins unless they be severely punished. Fourthly, on account of the facility of committing a sin and of concealing it: for such like sins, when discovered, should be more severely punished in order to deter others from committing them.
Again, with regard to the greatness of a sin, four degrees may be observed, even in respect of one single deed. The first is when a sin is committed unwillingly; because then, if the sin be altogether involuntary, man is altogether excused from punishment; for it is written (Deut. 22:25, seqq.) that a damsel who suffers violence in a field is not guilty of death, because "she cried, and there was no man to help her." But if a man sinned in any way voluntarily, and yet through weakness, as for instance when a man sins from passion, the sin is diminished: and the punishment, according to true judgment, should be diminished also; unless perchance the common weal requires that the sin be severely punished in order to deter others from committing such sins, as stated above. The second degree is when a man sins through ignorance: and then he was held to be guilty to a certain extent, on account of his negligence in acquiring knowledge: yet he was not punished by the judges but expiated his sin by sacrifices. Hence it is written (Lev. 4:2): "The soul that sinneth through ignorance," etc. This is, however, to be taken as applying to ignorance of fact; and not to ignorance of the Divine precept, which all were bound to know. The third degree was when a man sinned from pride, i.e. through deliberate choice or malice: and then he was punished according to the greatness of the sin [*Cf. Deut. 25:2]. The fourth degree was when a man sinned from stubbornness or obstinacy: and then he was to be utterly cut off as a rebel and a destroyer of the commandment of the Law [*Cf. Num. 15:30, 31].
Accordingly we must say that, in appointing the punishment for theft, the Law considered what would be likely to happen most frequently (Ex. 22:1-9): wherefore, as regards theft of other things which can easily be safeguarded from a thief, the thief restored only twice their value. But sheep cannot be easily safeguarded from a thief, because they graze in the fields: wherefore it happened more frequently that sheep were stolen in the fields. Consequently the Law inflicted a heavier penalty, by ordering four sheep to be restored for the theft of one. As to cattle, they were yet more difficult to safeguard, because they are kept in the fields, and do not graze in flocks as sheep do; wherefore a yet more heavy penalty was inflicted in their regard, so that five oxen were to be restored for one ox. And this I say, unless perchance the animal itself were discovered in the thief's possession: because in that case he had to restore only twice the number, as in the case of other thefts: for there was reason to presume that he intended to restore the animal, since he kept it alive. Again, we might say, according to a gloss, that "a cow is useful in five ways: it may be used for sacrifice, for ploughing, for food, for milk, and its hide is employed for various purposes": and therefore for one cow five had to be restored. But the sheep was useful in four ways: "for sacrifice, for meat, for milk, and for its wool." The unruly son was slain, not because he ate and drank: but on account of his stubbornness and rebellion, which was always punished by death, as stated above. As to the man who gathered sticks on the sabbath, he was stoned as a breaker of the Law, which commanded the sabbath to be observed, to testify the belief in the newness of the world, as stated above (Q. 100, A. 5): wherefore he was slain as an unbeliever.
Reply Obj. 10: The Old Law inflicted the death penalty for the more grievous crimes, viz. for those which are committed against God, and for murder, for stealing a man, irreverence towards one's parents, adultery and incest. In the case of thief of other things it inflicted punishment by indemnification: while in the case of blows and mutilation it authorized punishment by retaliation; and likewise for the sin of bearing false witness. In other faults of less degree it prescribed the punishment of stripes or of public disgrace.
The punishment of slavery was prescribed by the Law in two cases. First, in the case of a slave who was unwilling to avail himself of the privilege granted by the Law, whereby he was free to depart in the seventh year of remission: wherefore he was punished by remaining a slave for ever. Secondly, in the case of a thief, who had not wherewith to make restitution, as stated in Ex. 22:3.
The punishment of absolute exile was not prescribed by the Law: because God was worshipped by that people alone, whereas all other nations were given to idolatry: wherefore if any man were exiled from that people absolutely, he would be in danger of falling into idolatry. For this reason it is related (1 Kings 26:19) that David said to Saul: "They are cursed in the sight of the Lord, who have cast me out this day, that I should not dwell in the inheritance of the Lord, saying: Go, serve strange gods." There was, however, a restricted sort of exile: for it is written in Deut. 19:4 [*Cf. Num. 35:25] that "he that striketh [Vulg.: 'killeth'] his neighbor ignorantly, and is proved to have had no hatred against him, shall flee to one of the cities" of refuge and "abide there until the death of the high-priest." For then it became lawful for him to return home, because when the whole people thus suffered a loss they forgot their private quarrels, so that the next of kin of the slain were not so eager to kill the slayer.
Reply Obj. 11: Dumb animals were ordered to be slain, not on account of any fault of theirs; but as a punishment to their owners, who had not safeguarded their beasts from these offenses. Hence the owner was more severely punished if his ox had butted anyone "yesterday or the day before" (in which case steps might have been taken to avoid the danger) than if it had taken to butting suddenly.—Or again, the animal was slain in detestation of the sin; and lest men should be horrified at the sight thereof.
Reply Obj. 12: The literal reason for this commandment, as Rabbi Moses declares (Doct. Perplex. iii), was because the slayer was frequently from the nearest city: wherefore the slaying of the calf was a means of investigating the hidden murder. This was brought about in three ways. In the first place the elders of the city swore that they had taken every measure for safeguarding the roads. Secondly, the owner of the heifer was indemnified for the slaying of his beast, and if the murder was previously discovered, the beast was not slain. Thirdly, the place, where the heifer was slain, remained uncultivated. Wherefore, in order to avoid this twofold loss, the men of the city would readily make known the murderer, if they knew who he was: and it would seldom happen but that some word or sign would escape about the matter. Or again, this was done in order to frighten people, in detestation of murder. Because the slaying of a heifer, which is a useful animal and full of strength, especially before it has been put under the yoke, signified that whoever committed murder, however useful and strong he might be, was to forfeit his life; and that, by a cruel death, which was implied by the striking off of its head; and that the murderer, as vile and abject, was to be cut off from the fellowship of men, which was betokened by the fact that the heifer after being slain was left to rot in a rough and uncultivated place.
Mystically, the heifer taken from the herd signifies the flesh of Christ; which had not drawn a yoke, since it had done no sin; nor did it plough the ground, i.e. it never knew the stain of revolt. The fact of the heifer being killed in an uncultivated valley signified the despised death of Christ, whereby all sins are washed away, and the devil is shown to be the arch-murderer. ________________________
THIRD ARTICLE [I-II, Q. 105, Art. 3]
Whether the Judicial Precepts Regarding Foreigners Were Framed in aSuitable Manner?
Objection 1: It would seem that the judicial precepts regarding foreigners were not suitably framed. For Peter said (Acts 10:34, 35): "In very deed I perceive that God is not a respecter of persons, but in every nation, he that feareth Him and worketh justice is acceptable to Him." But those who are acceptable to God should not be excluded from the Church of God. Therefore it is unsuitably commanded (Deut. 23:3) that "the Ammonite and the Moabite, even after the tenth generation, shall not enter into the church of the Lord for ever": whereas, on the other hand, it is prescribed (Deut. 23:7) to be observed with regard to certain other nations: "Thou shalt not abhor the Edomite, because he is thy brother; nor the Egyptian because thou wast a stranger in his land."
Obj. 2: Further, we do not deserve to be punished for those things which are not in our power. But it is not in man's power to be an eunuch, or born of a prostitute. Therefore it is unsuitably commanded (Deut. 23:1, 2) that "an eunuch and one born of a prostitute shalt not enter into the church of the Lord."
Obj. 3: Further, the Old Law mercifully forbade strangers to be molested: for it is written (Ex. 22:21): "Thou shalt not molest a stranger, nor afflict him; for yourselves also were strangers in the land of Egypt": and (Ex. 23:9): "Thou shalt not molest a stranger, for you know the hearts of strangers, for you also were strangers in the land of Egypt." But it is an affliction to be burdened with usury. Therefore the Law unsuitably permitted them (Deut. 23:19, 20) to lend money to the stranger for usury.
Obj. 4: Further, men are much more akin to us than trees. But we should show greater care and love for those things that are nearest to us, according to Ecclus. 13:19: "Every beast loveth its like: so also every man him that is nearest to himself." Therefore the Lord unsuitably commanded (Deut. 20:13-19) that all the inhabitants of a captured hostile city were to be slain, but that the fruit-trees should not be cut down.
Obj. 5: Further, every one should prefer the common good of virtue to the good of the individual. But the common good is sought in a war which men fight against their enemies. Therefore it is unsuitably commanded (Deut. 20:5-7) that certain men should be sent home, for instance a man that had built a new house, or who had planted a vineyard, or who had married a wife.
Obj. 6: Further, no man should profit by his own fault. But it is a man's fault if he be timid or faint-hearted: since this is contrary to the virtue of fortitude. Therefore the timid and faint-hearted are unfittingly excused from the toil of battle (Deut. 20:8).
On the contrary,Divine Wisdom declares (Prov. 8:8): "All my words are just, there is nothing wicked nor perverse in them."
I answer that,Man's relations with foreigners are twofold: peaceful, and hostile: and in directing both kinds of relation the Law contained suitable precepts. For the Jews were offered three opportunities of peaceful relations with foreigners. First, when foreigners passed through their land as travelers. Secondly, when they came to dwell in their land as newcomers. And in both these respects the Law made kind provision in its precepts: for it is written (Ex. 22:21): "Thou shalt not molest a stranger (advenam)"; and again (Ex. 22:9): "Thou shalt not molest a stranger (peregrino)." Thirdly, when any foreigners wished to be admitted entirely to their fellowship and mode of worship. With regard to these a certain order was observed. For they were not at once admitted to citizenship: just as it was law with some nations that no one was deemed a citizen except after two or three generations, as the Philosopher says (Polit. iii, 1). The reason for this was that if foreigners were allowed to meddle with the affairs of a nation as soon as they settled down in its midst, many dangers might occur, since the foreigners not yet having the common good firmly at heart might attempt something hurtful to the people. Hence it was that the Law prescribed in respect of certain nations that had close relations with the Jews (viz., the Egyptians among whom they were born and educated, and the Idumeans, the children of Esau, Jacob's brother), that they should be admitted to the fellowship of the people after the third generation; whereas others (with whom their relations had been hostile, such as the Ammonites and Moabites) were never to be admitted to citizenship; while the Amalekites, who were yet more hostile to them, and had no fellowship of kindred with them, were to be held as foes in perpetuity: for it is written (Ex. 17:16): "The war of the Lord shall be against Amalec from generation to generation."
In like manner with regard to hostile relations with foreigners, the Law contained suitable precepts. For, in the first place, it commanded that war should be declared for a just cause: thus it is commanded (Deut. 20:10) that when they advanced to besiege a city, they should at first make an offer of peace. Secondly, it enjoined that when once they had entered on a war they should undauntedly persevere in it, putting their trust in God. And in order that they might be the more heedful of this command, it ordered that on the approach of battle the priest should hearten them by promising them God's aid. Thirdly, it prescribed the removal of whatever might prove an obstacle to the fight, and that certain men, who might be in the way, should be sent home. Fourthly, it enjoined that they should use moderation in pursuing the advantage of victory, by sparing women and children, and by not cutting down fruit-trees of that country.
Reply Obj. 1: The Law excluded the men of no nation from the worship of God and from things pertaining to the welfare of the soul: for it is written (Ex. 12:48): "If any stranger be willing to dwell among you, and to keep the Phase of the Lord; all his males shall first be circumcised, and then shall he celebrate it according to the manner, and he shall be as that which is born in the land." But in temporal matters concerning the public life of the people, admission was not granted to everyone at once, for the reason given above: but to some, i.e. the Egyptians and Idumeans, in the third generation; while others were excluded in perpetuity, in detestation of their past offense, i.e. the peoples of Moab, Ammon, and Amalec. For just as one man is punished for a sin committed by him, in order that others seeing this may be deterred and refrain from sinning; so too may one nation or city be punished for a crime, that others may refrain from similar crimes.
Nevertheless it was possible by dispensation for a man to be admitted to citizenship on account of some act of virtue: thus it is related (Judith 14:6) that Achior, the captain of the children of Ammon, "was joined to the people of Israel, with all the succession of his kindred." The same applies to Ruth the Moabite who was "a virtuous woman" (Ruth 3:11): although it may be said that this prohibition regarded men and not women, who are not competent to be citizens absolutely speaking.
Reply Obj. 2: As the Philosopher says (Polit. iii, 3), a man is said to be a citizen in two ways: first, simply; secondly, in a restricted sense. A man is a citizen simply if he has all the rights of citizenship, for instance, the right of debating or voting in the popular assembly. On the other hand, any man may be called citizen, only in a restricted sense, if he dwells within the state, even common people or children or old men, who are not fit to enjoy power in matters pertaining to the common weal. For this reason bastards, by reason of their base origin, were excluded from theecclesia,i.e. from the popular assembly, down to the tenth generation. The same applies to eunuchs, who were not competent to receive the honor due to a father, especially among the Jews, where the divine worship was continued through carnal generation: for even among the heathens, those who had many children were marked with special honor, as the Philosopher remarks (Polit. ii, 6). Nevertheless, in matters pertaining to the grace of God, eunuchs were not discriminated from others, as neither were strangers, as already stated: for it is written (Isa. 56:3): "Let not the son of the stranger that adhereth to the Lord speak, saying: The Lord will divide and separate me from His people. And let not the eunuch say: Behold I am a dry tree."
Reply Obj. 3: It was not the intention of the Law to sanction the acceptance of usury from strangers, but only to tolerate it on account of the proneness of the Jews to avarice; and in order to promote an amicable feeling towards those out of whom they made a profit.
Reply Obj. 4: A distinction was observed with regard to hostile cities. For some of them were far distant, and were not among those which had been promised to them. When they had taken these cities, they killed all the men who had fought against God's people; whereas the women and children were spared. But in the neighboring cities which had been promised to them, all were ordered to be slain, on account of their former crimes, to punish which God sent the Israelites as executor of Divine justice: for it is written (Deut. 9:5) "because they have done wickedly, they are destroyed at thy coming in." The fruit-trees were commanded to be left untouched, for the use of the people themselves, to whom the city with its territory was destined to be subjected.
Reply Obj. 5: The builder of a new house, the planter of a vineyard, the newly married husband, were excluded from fighting, for two reasons. First, because man is wont to give all his affection to those things which he has lately acquired, or is on the point of having, and consequently he is apt to dread the loss of these above other things. Wherefore it was likely enough that on account of this affection they would fear death all the more, and be so much the less brave in battle. Secondly, because, as the Philosopher says (Phys. ii, 5), "it is a misfortune for a man if he is prevented from obtaining something good when it is within his grasp." And so lest the surviving relations should be the more grieved at the death of these men who had not entered into the possession of the good things prepared for them; and also lest the people should be horror-stricken at the sight of their misfortune: these men were taken away from the danger of death by being removed from the battle.
Reply Obj. 6: The timid were sent back home, not that they might be the gainers thereby; but lest the people might be the losers by their presence, since their timidity and flight might cause others to be afraid and run away. ________________________
FOURTH ARTICLE [I-II, Q. 105, Art. 4]
Whether the Old Law Set Forth Suitable Precepts About the Members of the Household?
Objection 1: It would seem that the Old Law set forth unsuitable precepts about the members of the household. For a slave "is in every respect his master's property," as the Philosopher states (Polit. i, 2). But that which is a man's property should be his always. Therefore it was unfitting for the Law to command (Ex. 21:2) that slaves should "go out free" in the seventh year.
Obj. 2: Further, a slave is his master's property, just as an animal, e.g. an ass or an ox. But it is commanded (Deut. 22:1-3) with regard to animals, that they should be brought back to the owner if they be found going astray. Therefore it was unsuitably commanded (Deut. 23:15): "Thou shalt not deliver to his master the servant that is fled to thee."
Obj. 3: Further, the Divine Law should encourage mercy more even than the human law. But according to human laws those who ill-treat their servants and maidservants are severely punished: and the worse treatment of all seems to be that which results in death. Therefore it is unfittingly commanded (Ex. 21:20, 21) that "he that striketh his bondman or bondwoman with a rod, and they die under his hands . . . if the party remain alive a day . . . he shall not be subject to the punishment, because it is his money."
Obj. 4: Further, the dominion of a master over his slave differs from that of the father over his son (Polit. i, 3). But the dominion of master over slave gives the former the right to sell his servant or maidservant. Therefore it was unfitting for the Law to allow a man to sell his daughter to be a servant or handmaid (Ex. 21:7).
Obj. 5: Further, a father has power over his son. But he who has power over the sinner has the right to punish him for his offenses. Therefore it is unfittingly commanded (Deut. 21:18, seqq.) that a father should bring his son to the ancients of the city for punishment.
Obj. 6: Further, the Lord forbade them (Deut. 7:3, seqq.) to make marriages with strange nations; and commanded the dissolution of such as had been contracted (1 Esdras 10). Therefore it was unfitting to allow them to marry captive women from strange nations (Deut. 21:10, seqq.).
Obj. 7: Further, the Lord forbade them to marry within certain degrees of consanguinity and affinity, according to Lev. 18. Therefore it was unsuitably commanded (Deut. 25:5) that if any man died without issue, his brother should marry his wife.
Obj. 8: Further, as there is the greatest familiarity between man and wife, so should there be the staunchest fidelity. But this is impossible if the marriage bond can be sundered. Therefore it was unfitting for the Lord to allow (Deut. 24:1-4) a man to put his wife away, by writing a bill of divorce; and besides, that he could not take her again to wife.
Objection 9: Further, just as a wife can be faithless to her husband, so can a slave be to his master, and a son to his father. But the Law did not command any sacrifice to be offered in order to investigate the injury done by a servant to his master, or by a son to his father. Therefore it seems to have been superfluous for the Law to prescribe the "sacrifice of jealousy" in order to investigate a wife's adultery (Num. 5:12, seqq.). Consequently it seems that the Law put forth unsuitable judicial precepts about the members of the household.
On the contrary,It is written (Ps. 18:10): "The judgments of the Lord are true, justified in themselves."
I answer that,The mutual relations of the members of a household regard everyday actions directed to the necessities of life, as the Philosopher states (Polit. i, 1). Now the preservation of man's life may be considered from two points of view. First, from the point of view of the individual, i.e. in so far as man preserves his individuality: and for the purpose of the preservation of life, considered from this standpoint, man has at his service external goods, by means of which he provides himself with food and clothing and other such necessaries of life: in the handling of which he has need of servants. Secondly man's life is preserved from the point of view of the species, by means of generation, for which purpose man needs a wife, that she may bear him children. Accordingly the mutual relations of the members of a household admit of a threefold combination: viz. those of master and servant, those of husband and wife, and those of father and son: and in respect of all these relationships the Old Law contained fitting precepts. Thus, with regard to servants, it commanded them to be treated with moderation—both as to their work, lest, to wit, they should be burdened with excessive labor, wherefore the Lord commanded (Deut. 5:14) that on the Sabbath day "thy manservant and thy maidservant" should "rest even as thyself"—and also as to the infliction of punishment, for it ordered those who maimed their servants, to set them free (Ex. 21:26, 27). Similar provision was made in favor of a maidservant when married to anyone (Ex. 21:7, seqq.). Moreover, with regard to those servants in particular who were taken from among the people, the Law prescribed that they should go out free in the seventh year taking whatever they brought with them, even their clothes (Ex. 21:2, seqq.): and furthermore it was commanded (Deut. 15:13) that they should be given provision for the journey.
With regard to wives the Law made certain prescriptions as to those who were to be taken in marriage: for instance, that they should marry a wife from their own tribe (Num. 36:6): and this lest confusion should ensue in the property of various tribes. Also that a man should marry the wife of his deceased brother when the latter died without issue, as prescribed in Deut. 25:5, 6: and this in order that he who could not have successors according to carnal origin, might at least have them by a kind of adoption, and that thus the deceased might not be entirely forgotten. It also forbade them to marry certain women; to wit, women of strange nations, through fear of their losing their faith; and those of their near kindred, on account of the natural respect due to them. Furthermore it prescribed in what way wives were to be treated after marriage. To wit, that they should not be slandered without grave reason: wherefore it ordered punishment to be inflicted on the man who falsely accused his wife of a crime (Deut. 22:13, seqq.). Also that a man's hatred of his wife should not be detrimental to his son (Deut. 21:15, seqq.). Again, that a man should not ill-use his wife through hatred of her, but rather that he should write a bill of divorce and send her away (Deut. 24:1). Furthermore, in order to foster conjugal love from the very outset, it was prescribed that no public duties should be laid on a recently married man, so that he might be free to rejoice with his wife.
With regard to children, the Law commanded parents to educate them by instructing them in the faith: hence it is written (Ex. 12:26, seqq.): "When your children shall say to you: What is the meaning of this service? You shall say to them: It is the victim of the passage of the Lord." Moreover, they are commanded to teach them the rules of right conduct: wherefore it is written (Deut. 21:20) that the parents had to say: "He slighteth hearing our admonitions, he giveth himself to revelling and to debauchery."
Reply Obj. 1: As the children of Israel had been delivered by the Lord from slavery, and for this reason were bound to the service of God, He did not wish them to be slaves in perpetuity. Hence it is written (Lev. 25:39, seqq.): "If thy brother, constrained by poverty, sell himself to thee, thou shalt not oppress him with the service of bondservants: but he shall be as a hireling and a sojourner . . . for they are My servants, and I brought them out of the land of Egypt: let them not be sold as bondmen": and consequently, since they were slaves, not absolutely but in a restricted sense, after a lapse of time they were set free.
Reply Obj. 2: This commandment is to be understood as referring to a servant whom his master seeks to kill, or to help him in committing some sin.
Reply Obj. 3: With regard to the ill-treatment of servants, the Law seems to have taken into consideration whether it was certain or not: since if it were certain, the Law fixed a penalty: for maiming, the penalty was forfeiture of the servant, who was ordered to be given his liberty: while for slaying, the punishment was that of a murderer, when the slave died under the blow of his master. If, however, the hurt was not certain, but only probable, the Law did not impose any penalty as regards a man's own servant: for instance if the servant did not die at once after being struck, but after some days: for it would be uncertain whether he died as a result of the blows he received. For when a man struck a free man, yet so that he did not die at once, but "walked abroad again upon his staff," he that struck him was quit of murder, even though afterwards he died. Nevertheless he was bound to pay the doctor's fees incurred by the victim of his assault. But this was not the case if a man killed his own servant: because whatever the servant had, even his very person, was the property of his master. Hence the reason for his not being subject to a pecuniary penalty is set down as being "because it is his money."
Reply Obj. 4: As stated above (ad 1), no Jew could own a Jew as a slave absolutely: but only in a restricted sense, as a hireling for a fixed time. And in this way the Law permitted that through stress of poverty a man might sell his son or daughter. This is shown by the very words of the Law, where we read: "If any man sell his daughter to be a servant, she shall not go out as bondwomen are wont to go out." Moreover, in this way a man might sell not only his son, but even himself, rather as a hireling than as a slave, according to Lev. 25:39, 40: "If thy brother, constrained by poverty, sell himself to thee, thou shalt not oppress him with the service of bondservants: but he shall be as a hireling and a sojourner."
Reply Obj. 5: As the Philosopher says (Ethic. x, 9), the paternal authority has the power only of admonition; but not that of coercion, whereby rebellious and headstrong persons can be compelled. Hence in this case the Lord commanded the stubborn son to be punished by the rulers of the city.
Reply Obj. 6: The Lord forbade them to marry strange women on account of the danger of seduction, lest they should be led astray into idolatry. And specially did this prohibition apply with respect to those nations who dwelt near them, because it was more probable that they would adopt their religious practices. When, however, the woman was willing to renounce idolatry, and become an adherent of the Law, it was lawful to take her in marriage: as was the case with Ruth whom Booz married. Wherefore she said to her mother-in-law (Ruth 1:16): "Thy people shall be my people, and thy God my God." Accordingly it was not permitted to marry a captive woman unless she first shaved her hair, and pared her nails, and put off the raiment wherein she was taken, and mourned for her father and mother, in token that she renounced idolatry for ever.
Reply Obj. 7: As Chrysostom says (Hom. xlviii super Matth.), "because death was an unmitigated evil for the Jews, who did everything with a view to the present life, it was ordained that children should be born to the dead man through his brother: thus affording a certain mitigation to his death. It was not, however, ordained that any other than his brother or one next of kin should marry the wife of the deceased, because" the offspring of this union "would not be looked upon as that of the deceased: and moreover, a stranger would not be under the obligation to support the household of the deceased, as his brother would be bound to do from motives of justice on account of his relationship." Hence it is evident that in marrying the wife of his dead brother, he took his dead brother's place.
Reply Obj. 8: The Law permitted a wife to be divorced, not as though it were just absolutely speaking, but on account of the Jews' hardness of heart, as Our Lord declared (Matt. 19:8). Of this, however, we must speak more fully in the treatise on Matrimony (Supp., Q. 67).
Reply Obj. 9: Wives break their conjugal faith by adultery, both easily, for motives of pleasure, and hiddenly, since "the eye of the adulterer observeth darkness" (Job 24:15). But this does not apply to a son in respect of his father, or to a servant in respect of his master: because the latter infidelity is not the result of the lust of pleasure, but rather of malice: nor can it remain hidden like the infidelity of an adulterous woman. ________________________
OF THE LAW OF THE GOSPEL, CALLED THE NEW LAW, CONSIDERED IN ITSELF(In Four Articles)
In proper sequence we have to consider now the Law of the Gospel which is called the New Law: and in the first place we must consider it in itself; secondly, in comparison with the Old Law; thirdly, we shall treat of those things that are contained in the New Law. Under the first head there are four points of inquiry:
(1) What kind of law is it? i.e. Is it a written law or is it instilled in the heart?
(2) Of its efficacy, i.e. does it justify?
(3) Of its beginning: should it have been given at the beginning of the world?
(4) Of its end: i.e. whether it will last until the end, or will another law take its place? ________________________
FIRST ARTICLE [I-II, Q. 106, Art. 1]
Whether the New Law Is a Written Law?
Objection 1: It would seem that the New Law is a written law. For the New Law is just the same as the Gospel. But the Gospel is set forth in writing, according to John 20:31: "But these are written that you may believe." Therefore the New Law is a written law.
Obj. 2: Further, the law that is instilled in the heart is the natural law, according to Rom. 2:14, 15: "(The Gentiles) do by nature those things that are of the law . . . who have [Vulg.: 'show'] the work of the law written in their hearts." If therefore the law of the Gospel were instilled in our hearts, it would not be distinct from the law of nature.
Obj. 3: Further, the law of the Gospel is proper to those who are in the state of the New Testament. But the law that is instilled in the heart is common to those who are in the New Testament and to those who are in the Old Testament: for it is written (Wis. 7:27) that Divine Wisdom "through nations conveyeth herself into holy souls, she maketh the friends of God and prophets." Therefore the New Law is not instilled in our hearts.
On the contrary,The New Law is the law of the New Testament. But the law of the New Testament is instilled in our hearts. For the Apostle, quoting the authority of Jeremiah 31:31, 33: "Behold the days shall come, saith the Lord; and I will perfect unto the house of Israel, and unto the house of Judah, a new testament," says, explaining what this statement is (Heb. 8:8, 10): "For this is the testament which I will make to the house of Israel . . . by giving [Vulg.: 'I will give'] My laws into their mind, and in their heart will I write them." Therefore the New Law is instilled in our hearts.
I answer that,"Each thing appears to be that which preponderates in it," as the Philosopher states (Ethic. ix, 8). Now that which is preponderant in the law of the New Testament, and whereon all its efficacy is based, is the grace of the Holy Ghost, which is given through faith in Christ. Consequently the New Law is chiefly the grace itself of the Holy Ghost, which is given to those who believe in Christ. This is manifestly stated by the Apostle who says (Rom. 3:27): "Where is . . . thy boasting? It is excluded. By what law? Of works? No, but by the law of faith": for he calls the grace itself of faith "a law." And still more clearly it is written (Rom. 8:2): "The law of the spirit of life, in Christ Jesus, hath delivered me from the law of sin and of death." Hence Augustine says (De Spir. et Lit. xxiv) that "as the law of deeds was written on tables of stone, so is the law of faith inscribed on the hearts of the faithful": and elsewhere, in the same book (xxi): "What else are the Divine laws written by God Himself on our hearts, but the very presence of His Holy Spirit?"
Nevertheless the New Law contains certain things that dispose us to receive the grace of the Holy Ghost, and pertaining to the use of that grace: such things are of secondary importance, so to speak, in the New Law; and the faithful need to be instructed concerning them, both by word and writing, both as to what they should believe and as to what they should do. Consequently we must say that the New Law is in the first place a law that is inscribed on our hearts, but that secondarily it is a written law.
Reply Obj. 1: The Gospel writings contain only such things as pertain to the grace of the Holy Ghost, either by disposing us thereto, or by directing us to the use thereof. Thus with regard to the intellect, the Gospel contains certain matters pertaining to the manifestation of Christ's Godhead or humanity, which dispose us by means of faith through which we receive the grace of the Holy Ghost: and with regard to the affections, it contains matters touching the contempt of the world, whereby man is rendered fit to receive the grace of the Holy Ghost: for "the world," i.e. worldly men, "cannot receive" the Holy Ghost (John 14:17). As to the use of spiritual grace, this consists in works of virtue to which the writings of the New Testament exhort men in divers ways.
Reply Obj. 2: There are two ways in which a thing may be instilled into man. First, through being part of his nature, and thus the natural law is instilled into man. Secondly, a thing is instilled into man by being, as it were, added on to his nature by a gift of grace. In this way the New Law is instilled into man, not only by indicating to him what he should do, but also by helping him to accomplish it.
Reply Obj. 3: No man ever had the grace of the Holy Ghost except through faith in Christ either explicit or implicit: and by faith in Christ man belongs to the New Testament. Consequently whoever had the law of grace instilled into them belonged to the New Testament. ________________________
SECOND ARTICLE [I-II, Q. 106, Art. 2]
Whether the New Law Justifies?
Objection 1: It would seem that the New Law does not justify. For no man is justified unless he obeys God's law, according to Heb. 5:9: "He," i.e. Christ, "became to all that obey Him the cause of eternal salvation." But the Gospel does not always cause men to believe in it: for it is written (Rom. 10:16): "All do not obey the Gospel." Therefore the New Law does not justify.
Obj. 2: Further, the Apostle proves in his epistle to the Romans that the Old Law did not justify, because transgression increased at its advent: for it is stated (Rom. 4:15): "The Law worketh wrath: for where there is no law, neither is there transgression." But much more did the New Law increase transgression: since he who sins after the giving of the New Law deserves greater punishment, according to Heb. 10:28, 29: "A man making void the Law of Moses dieth without any mercy under two or three witnesses. How much more, do you think, he deserveth worse punishments, who hath trodden underfoot the Son of God," etc.? Therefore the New Law, like the Old Law, does not justify.
Obj. 3: Further, justification is an effect proper to God, according to Rom. 8:33: "God that justifieth." But the Old Law was from God just as the New Law. Therefore the New Law does not justify any more than the Old Law.
On the contrary,The Apostle says (Rom. 1:16): "I am not ashamed of the Gospel: for it is the power of God unto salvation to everyone that believeth." But there is no salvation but to those who are justified. Therefore the Law of the Gospel justifies.
I answer that,As stated above (A. 1), there is a twofold element in the Law of the Gospel. There is the chief element, viz. the grace of the Holy Ghost bestowed inwardly. And as to this, the New Law justifies. Hence Augustine says (De Spir. et Lit. xvii): "There," i.e. in the Old Testament, "the Law was set forth in an outward fashion, that the ungodly might be afraid"; "here," i.e. in the New Testament, "it is given in an inward manner, that they may be justified." The other element of the Evangelical Law is secondary: namely, the teachings of faith, and those commandments which direct human affections and human actions. And as to this, the New Law does not justify. Hence the Apostle says (2 Cor. 3:6) "The letter killeth, but the spirit quickeneth": and Augustine explains this (De Spir. et Lit. xiv, xvii) by saying that the letter denotes any writing external to man, even that of the moral precepts such as are contained in the Gospel. Wherefore the letter, even of the Gospel would kill, unless there were the inward presence of the healing grace of faith.
Reply Obj. 1: This argument holds true of the New Law, not as to its principal, but as to its secondary element: i.e. as to the dogmas and precepts outwardly put before man either in words or in writing.
Reply Obj. 2: Although the grace of the New Testament helps man to avoid sin, yet it does not so confirm man in good that he cannot sin: for this belongs to the state of glory. Hence if a man sin after receiving the grace of the New Testament, he deserves greater punishment, as being ungrateful for greater benefits, and as not using the help given to him. And this is why the New Law is not said to "work wrath": because as far as it is concerned it gives man sufficient help to avoid sin.
Reply Obj. 3: The same God gave both the New and the Old Law, but in different ways. For He gave the Old Law written on tables of stone: whereas He gave the New Law written "in the fleshly tables of the heart," as the Apostle expresses it (2 Cor. 3:3). Wherefore, as Augustine says (De Spir. et Lit. xviii), "the Apostle calls this letter which is written outside man, a ministration of death and a ministration of condemnation: whereas he calls the other letter, i.e. the Law of the New Testament, the ministration of the spirit and the ministration of justice: because through the gift of the Spirit we work justice, and are delivered from the condemnation due to transgression." ________________________
THIRD ARTICLE [I-II, Q. 106, Art. 3]
Whether the New Law Should Have Been Given from the Beginning of theWorld?
Objection 1: It would seem that the New Law should have been given from the beginning of the world. "For there is no respect of persons with God" (Rom. 2:11). But "all" men "have sinned and do need the glory of God" (Rom. 3:23). Therefore the Law of the Gospel should have been given from the beginning of the world, in order that it might bring succor to all.
Obj. 2: Further, as men dwell in various places, so do they live in various times. But God, "Who will have all men to be saved" (1 Tim. 2:4), commanded the Gospel to be preached in all places, as may be seen in the last chapters of Matthew and Mark. Therefore the Law of the Gospel should have been at hand for all times, so as to be given from the beginning of the world.
Obj. 3: Further, man needs to save his soul, which is for all eternity, more than to save his body, which is a temporal matter. But God provided man from the beginning of the world with things that are necessary for the health of his body, by subjecting to his power whatever was created for the sake of man (Gen. 1:26-29). Therefore the New Law also, which is very necessary for the health of the soul, should have been given to man from the beginning of the world.
On the contrary,The Apostle says (1 Cor. 15:46): "That was not first which is spiritual, but that which is natural." But the New Law is highly spiritual. Therefore it was not fitting for it to be given from the beginning of the world.
I answer that,Three reasons may be assigned why it was not fitting for the New Law to be given from the beginning of the world. The first is because the New Law, as stated above (A. 1), consists chiefly in the grace of the Holy Ghost: which it behoved not to be given abundantly until sin, which is an obstacle to grace, had been cast out of man through the accomplishment of his redemption by Christ: wherefore it is written (John 7:39): "As yet the Spirit was not given, because Jesus was not yet glorified." This reason the Apostle states clearly (Rom. 8:2, seqq.) where, after speaking of "the Law of the Spirit of life," he adds: "God sending His own Son, in the likeness of sinful flesh, of sin* hath condemned sin in the flesh, that the justification of the Law might be fulfilled in us." [*St. Thomas, quoting perhaps from memory, omits the "et" (and), after "sinful flesh." The text quoted should read thus: "in the likeness of sinful flesh, and a sin offering (peri hamartias), hath," etc.]
A second reason may be taken from the perfection of the New Law. Because a thing is not brought to perfection at once from the outset, but through an orderly succession of time; thus one is at first a boy, and then a man. And this reason is stated by the Apostle (Gal. 3:24, 25): "The Law was our pedagogue in Christ that we might be justified by faith. But after the faith is come, we are no longer under a pedagogue."
The third reason is found in the fact that the New Law is the law of grace: wherefore it behoved man first of all to be left to himself under the state of the Old Law, so that through falling into sin, he might realize his weakness, and acknowledge his need of grace. This reason is set down by the Apostle (Rom. 5:20): "The Law entered in, that sin might abound: and when sin abounded grace did more abound."
Reply Obj. 1: Mankind on account of the sin of our first parents deserved to be deprived of the aid of grace: and so "from whom it is withheld it is justly withheld, and to whom it is given, it is mercifully given," as Augustine states (De Perfect. Justit. iv) [*Cf. Ep. ccvii; De Pecc. Mer. et Rem. ii, 19]. Consequently it does not follow that there is respect of persons with God, from the fact that He did not offer the Law of grace to all from the beginning of the world, which Law was to be published in due course of time, as stated above.
Reply Obj. 2: The state of mankind does not vary according to diversity of place, but according to succession of time. Hence the New Law avails for all places, but not for all times: although at all times there have been some persons belonging to the New Testament, as stated above (A. 1, ad 3).
Reply Obj. 3: Things pertaining to the health of the body are of service to man as regards his nature, which sin does not destroy: whereas things pertaining to the health of the soul are ordained to grace, which is forfeit through sin. Consequently the comparison will not hold. ________________________
FOURTH ARTICLE [I-II, Q. 106, Art. 4]
Whether the New Law Will Last Till the End of the World?
Objection 1: It would seem that the New Law will not last until the end of the world. Because, as the Apostle says (1 Cor. 13:10), "when that which is perfect is come, that which is in part shall be done away." But the New Law is "in part," since the Apostle says (1 Cor. 13:9): "We know in part and we prophesy in part." Therefore the New Law is to be done away, and will be succeeded by a more perfect state.
Obj. 2: Further, Our Lord (John 16:13) promised His disciples the knowledge of all truth when the Holy Ghost, the Comforter, should come. But the Church knows not yet all truth in the state of the New Testament. Therefore we must look forward to another state, wherein all truth will be revealed by the Holy Ghost.
Obj. 3: Further, just as the Father is distinct from the Son and the Son from the Father, so is the Holy Ghost distinct from the Father and the Son. But there was a state corresponding with the Person of the Father, viz. the state of the Old Law, wherein men were intent on begetting children: and likewise there is a state corresponding to the Person of the Son: viz. the state of the New Law, wherein the clergy who are intent on wisdom (which is appropriated to the Son) hold a prominent place. Therefore there will be a third state corresponding to the Holy Ghost, wherein spiritual men will hold the first place.
Obj. 4: Further, Our Lord said (Matt. 24:14): "This Gospel of the kingdom shall be preached in the whole world . . . and then shall the consummation come." But the Gospel of Christ is already preached throughout the whole world: and yet the consummation has not yet come. Therefore the Gospel of Christ is not the Gospel of the kingdom, but another Gospel, that of the Holy Ghost, is to come yet, like unto another Law.
On the contrary,Our Lord said (Matt. 24:34): "I say to you that this generation shall not pass till all (these) things be done": which passage Chrysostom (Hom. lxxvii) explains as referring to "the generation of those that believe in Christ." Therefore the state of those who believe in Christ will last until the consummation of the world.
I answer that,The state of the world may change in two ways. In one way, according to a change of law: and thus no other state will succeed this state of the New Law. Because the state of the New Law succeeded the state of the Old Law, as a more perfect law a less perfect one. Now no state of the present life can be more perfect that the state of the New Law: since nothing can approach nearer to the last end than that which is the immediate cause of our being brought to the last end. But the New Law does this: wherefore the Apostle says (Heb. 10:19-22): "Having therefore, brethren, a confidence in the entering into the Holies by the blood of Christ, a new . . . way which He hath dedicated for us . . . let us draw near." Therefore no state of the present life can be more perfect than that of the New Law, since the nearer a thing is to the last end the more perfect it is.
In another way the state of mankind may change according as man stands in relation to one and the same law more or less perfectly. And thus the state of the Old Law underwent frequent changes, since at times the laws were very well kept, and at other times were altogether unheeded. Thus, too, the state of the New Law is subject to change with regard to various places, times, and persons, according as the grace of the Holy Ghost dwells in man more or less perfectly. Nevertheless we are not to look forward to a state wherein man is to possess the grace of the Holy Ghost more perfectly than he has possessed it hitherto, especially the apostles who "received the firstfruits of the Spirit, i.e. sooner and more abundantly than others," as a gloss expounds on Rom. 8:23.
Reply Obj. 1: As Dionysius says (Eccl. Hier. v), there is a threefold state of mankind; the first was under the Old Law; the second is that of the New Law; the third will take place not in this life, but in heaven. But as the first state is figurative and imperfect in comparison with the state of the Gospel; so is the present state figurative and imperfect in comparison with the heavenly state, with the advent of which the present state will be done away as expressed in that very passage (1 Cor. 13:12): "We see now through a glass in a dark manner; but then face to face."
Reply Obj. 2: As Augustine says (Contra Faust. xix, 31), Montanus and Priscilla pretended that Our Lord's promise to give the Holy Ghost was fulfilled, not in the apostles, but in themselves. In like manner the Manicheans maintained that it was fulfilled in Manes whom they held to be the Paraclete. Hence none of the above received the Acts of the Apostles, where it is clearly shown that the aforesaid promise was fulfilled in the apostles: just as Our Lord promised them a second time (Acts 1:5): "You shall be baptized with the Holy Ghost, not many days hence": which we read as having been fulfilled in Acts 2. However, these foolish notions are refuted by the statement (John 7:39) that "as yet the Spirit was not given, because Jesus was not yet glorified"; from which we gather that the Holy Ghost was given as soon as Christ was glorified in His Resurrection and Ascension. Moreover, this puts out of court the senseless idea that the Holy Ghost is to be expected to come at some other time.
Now the Holy Ghost taught the apostles all truth in respect of matters necessary for salvation; those things, to wit, that we are bound to believe and to do. But He did not teach them about all future events: for this did not regard them according to Acts 1:7: "It is not for you to know the times or moments which the Father hath put in His own power."
Reply Obj. 3: The Old Law corresponded not only to the Father, but also to the Son: because Christ was foreshadowed in the Old Law. Hence Our Lord said (John 5:46): "If you did believe Moses, you would perhaps believe me also; for he wrote of Me." In like manner the New Law corresponds not only to Christ, but also to the Holy Ghost; according to Rom. 8:2: "The Law of the Spirit of life in Christ Jesus," etc. Hence we are not to look forward to another law corresponding to the Holy Ghost.
Reply Obj. 4: Since Christ said at the very outset of the preaching of the Gospel: "The kingdom of heaven is at hand" (Matt. 4:17), it is most absurd to say that the Gospel of Christ is not the Gospel of the kingdom. But the preaching of the Gospel of Christ may be understood in two ways. First, as denoting the spreading abroad of the knowledge of Christ: and thus the Gospel was preached throughout the world even at the time of the apostles, as Chrysostom states (Hom. lxxv in Matth.). And in this sense the words that follow—"and then shall the consummation come," refer to the destruction of Jerusalem, of which He was speaking literally. Secondly, the preaching of the Gospel may be understood as extending throughout the world and producing its full effect, so that, to wit, the Church would be founded in every nation. And in these sense, as Augustine writes to Hesychius (Epist. cxcix), the Gospel is not preached to the whole world yet, but, when it is, the consummation of the world will come. ________________________
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? ________________________
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 God: since "without faith it is impossible to please God," 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 God" (Deut. 6:5). In like manner neither can they differ according to the other difference which Augustine assigns (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 assessed.
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 God; and there is but one God of the New and of the Old Testament, according to Rom. 3:30: "It is one God that justifieth circumcision by faith, and uncircumcision 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 assigned 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 God, 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." ________________________
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 circumcised, 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 God, 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 tittle shall not pass 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 Passion. This is what the Apostle says (Rom. 8:3, 4): "What the Law could not do . . . God 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 God, in Him," i.e. in Christ, "they are 'Yea'." [*The Douay version reads thus: "All the promises of God 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 circumcised 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 superstitious 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. ________________________
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.
Obj. 3: Further, who holds the container holds the contents. If, therefore, the New Law is contained in the Old, it follows that whoever had the Old Law had the New: so that it was superfluous to give men a New Law when once they had the Old. Therefore the New Law is not contained in the Old.
On the contrary,As expressed in Ezech. 1:16, there was "a wheel in the midst of a wheel," i.e. "the New Testament within the Old," according to Gregory's exposition.
I answer that,One thing may be contained in another in two ways. First, actually; as a located thing is in a place. Secondly, virtually; as an effect in its cause, or as the complement in that which is incomplete; thus a genus contains its species, and a seed contains the whole tree, virtually. It is in this way that the New Law is contained in the Old: for it has been stated (A. 1) that the New Law is compared to the Old as perfect to imperfect. Hence Chrysostom, expounding Mk. 4:28, "The earth of itself bringeth forth fruit, first the blade, then the ear, afterwards the full corn in the ear," expresses himself as follows: "He brought forth first the blade, i.e. the Law of Nature; then the ear, i.e. the Law of Moses; lastly, the full corn, i.e. the Law of the Gospel." Hence then the New Law is in the Old as the corn in the ear.