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13:1 Si surrexerit in medio tui prophetes, aut qui somnium vidisse se dicat, et praedixerit signum atque portentum,
* Footnotes
  • A.M. 2553.
*H If there rise in the midst of thee a prophet or one that saith he hath dreamed a dream, and he foretell a sign and a wonder,


Ver. 1. If...a prophet, or even an angel from heaven, as S. Paul (Gal. i. 8,) says on a similar occasion, (C.) should work a miracle, and afterwards adduce it in proof of a false religion, believe him not. The Jews and Christians had already received such convincing proofs from God, of the truth of what they had been taught, that they had reason to conclude either that the miracle was false, or that the person who would persuade them to embrace a different religion had fallen, after God had honoured him with miraculous powers: or, in fine, that if he were an impostor at the time when he exercised that power, like the magicians of Egypt, or Balaam, the miracle was either not wrought in confirmation of what he preached, or at least it was eclipsed by some greater miracle in favour of the truth. Whether God will ever suffer a real miracle which may seem to countenance error, or not, this appears to be unquestionable, that he will never deny himself, or, in a contest of miracles, permit falsehood to gain the victory. If the magicians performed wonderful works, they were forced at last to confess their inferiority, and yield to Moses. Ex. viii. 18. 19. Miracles are generally a proof of the truth of any doctrine; but when the doctrine is already established, as in this case of the unity of God, (v. 2,) it may be adduced with propriety as a criterion of miracles. Truth can never be in contradiction to truth. The light of reason suffices to evince that there is but one God. The same truth had been repeatedly confirmed by miracles, particularly during the last forty years, during which God had manifested his power over all nature, in the sight of all the Hebrews, and had trampled on the idols of the Gentiles. If therefore any person should attempt, by his dreams or predictions, in invalidate this most fundamental and undeniable article, his testimony could not be received. H. — The Jews, in vain, allege this passage against the religion of Jesus Christ. He did not subvert, but fulfilled the law; so far was he from endeavouring to persuade them to abandon the true God. C. — If he had not come to act in this manner, the law would have contained in itself the seeds of dissolution, by falsely holding forth the expectation of a future Messias, who would bring all things to perfection. C. xviii. 15. Gen. iii. 15. and xlix. 10, &c. Hence when he really appeared, the Jews desired him to prove his mission by a miracle, as he did repeatedly. Mat. xii. 38. Jo. viii. 40. and x. 25. — A dream, of a mysterious kind, like those of Joseph and of the prophets. H.

13_2 Ἐὰν δὲ ἀναστῇ ἐν σοὶ προφήτης ἢ ἐνυπνιαζόμενος τὸ ἐνύπνιον, καὶ δῷ σοι σημεῖον ἢ τέρας,
13_2 כִּֽי יָק֤וּם בְּ/קִרְבְּ/ךָ֙ נָבִ֔יא א֖וֹ חֹלֵ֣ם חֲל֑וֹם וְ/נָתַ֥ן אֵלֶ֛י/ךָ א֖וֹת א֥וֹ מוֹפֵֽת
* Summa
*S Part 3, Ques 16, Article 1

[II-II, Q. 16, Art. 1]

Whether in the Old Law There Should Have Been Given Precepts of Faith?

Objection 1: It would seem that, in the Old Law, there should have been given precepts of faith. Because a precept is about something due and necessary. Now it is most necessary for man that he should believe, according to Heb. 11:6, "Without faith it is impossible to please God." Therefore there was very great need for precepts of faith to be given.

Obj. 2: Further, the New Testament is contained in the Old, as the reality in the figure, as stated above (I-II, Q. 107, A. 3). Now the New Testament contains explicit precepts of faith, for instance John 14:1: "You believe in God; believe also in Me." Therefore it seems that some precepts of faith ought to have been given in the Old Law also.

Obj. 3: Further, to prescribe the act of a virtue comes to the same as to forbid the opposite vices. Now the Old Law contained many precepts forbidding unbelief: thus (Ex. 20:3): "Thou shalt not have strange gods before Me," and (Deut. 13:1-3) they were forbidden to hear the words of the prophet or dreamer who might wish to turn them away from their faith in God. Therefore precepts of faith should have been given in the Old Law also.

Obj. 4: Further, confession is an act of faith, as stated above (Q. 3, A. 1). Now the Old Law contained precepts about the confession and the promulgation of faith: for they were commanded (Ex. 12:27) that, when their children should ask them, they should tell them the meaning of the paschal observance, and (Deut. 13:9) they were commanded to slay anyone who disseminated doctrine contrary to faith. Therefore the Old Law should have contained precepts of faith.

Obj. 5: Further, all the books of the Old Testament are contained in the Old Law; wherefore Our Lord said (John 15:25) that it was written in the Law: "They have hated Me without cause," although this is found written in Ps. 34 and 68. Now it is written (Ecclus. 2:8): "Ye that fear the Lord, believe Him." Therefore the Old Law should have contained precepts of faith.

_On the contrary,_ The Apostle (Rom. 3:27) calls the Old Law the "law of works" which he contrasts with the "law of faith." Therefore the Old Law ought not to have contained precepts of faith.

_I answer that,_ A master does not impose laws on others than his subjects; wherefore the precepts of a law presuppose that everyone who receives the law is subject to the giver of the law. Now the primary subjection of man to God is by faith, according to Heb. 11:6: "He that cometh to God, must believe that He is." Hence faith is presupposed to the precepts of the Law: for which reason (Ex. 20:2) that which is of faith, is set down before the legal precepts, in the words, "I am the Lord thy God, Who brought thee out of the land of Egypt," and, likewise (Deut. 6:4), the words, "Hear, O Israel, the Lord thy [Vulg.: 'our'] God is one," precede the recording of the precepts.

Since, however, faith contains many things subordinate to the faith whereby we believe that God is, which is the first and chief of all articles of faith, as stated above (Q. 1, AA. 1, 7), it follows that, if we presuppose faith in God, whereby man's mind is subjected to Him, it is possible for precepts to be given about other articles of faith. Thus Augustine expounding the words: "This is My commandment" (John 15:12) says (Tract. lxxxiii in Joan.) that we have received many precepts of faith. In the Old Law, however, the secret things of faith were not to be set before the people, wherefore, presupposing their faith in one God, no other precepts of faith were given in the Old Law.

Reply Obj. 1: Faith is necessary as being the principle of spiritual life, wherefore it is presupposed before the receiving of the Law.

Reply Obj. 2: Even then Our Lord both presupposed something of faith, namely belief in one God, when He said: "You believe in God," and commanded something, namely, belief in the Incarnation whereby one Person is God and man. This explanation of faith belongs to the faith of the New Testament, wherefore He added: "Believe also in Me."

Reply Obj. 3: The prohibitive precepts regard sins, which corrupt virtue. Now virtue is corrupted by any particular defect, as stated above (I-II, Q. 18, A. 4, ad 3; I-II, Q. 19, A. 6, ad 1, A. 7, ad 3). Therefore faith in one God being presupposed, prohibitive precepts had to be given in the Old Law, so that men might be warned off those particular defects whereby their faith might be corrupted.

Reply Obj. 4: Confession of faith and the teaching thereof also presuppose man's submission to God by faith: so that the Old Law could contain precepts relating to the confession and teaching of faith, rather than to faith itself.

Reply Obj. 5: In this passage again that faith is presupposed whereby we believe that God is; hence it begins, "Ye that fear the Lord," which is not possible without faith. The words which follow--"believe Him"--must be referred to certain special articles of faith, chiefly to those things which God promises to them that obey Him, wherefore the passage concludes--"and your reward shall not be made void." _______________________

SECOND

13:2 et evenerit quod locutus est, et dixerit tibi : Eamus, et sequamur deos alienos quos ignoras, et serviamus eis :
*H And that come to pass which he spoke, and he say to thee: Let us go and follow strange gods, which thou knowest not, and let us serve them:


Ver. 2. To pass. The completion of a prophecy does not always prove, that the person who uttered it was a true prophet. Chance, a knowledge of natural causes, &c. may enable an impostor sometimes to hit upon the truth. God may also, for reasons known to himself, declare what will come to pass by the mouth of a false prophet, or of a wicked man, as he did by Balaam and Caiphas. Judas wrought miracles before his apostacy. C. — Yet if any who had been so highly favoured, should attempt to enforce by their preceding miracles, any false doctrine, let him be anathema. Gal. i. 8. — Not. The Hebrews had inconvertible proofs of the existence of one God. They could not therefore acknowledge any other. H. — Novelty in religion is a mark of idolatry or of heresy. W.

13_3 καὶ ἔλθῃ τὸ σημεῖον ἢ τὸ τέρας ὃ ἐλάλησε πρὸς σὲ, λέγων, πορευθῶμεν καὶ λατρεύσωμεν θεοῖς ἑτέροις οὓς οὐκ οἴδατε,
13_3 וּ/בָ֤א הָ/אוֹת֙ וְ/הַ/מּוֹפֵ֔ת אֲשֶׁר דִּבֶּ֥ר אֵלֶ֖י/ךָ לֵ/אמֹ֑ר נֵֽלְכָ֞ה אַחֲרֵ֨י אֱלֹהִ֧ים אֲחֵרִ֛ים אֲשֶׁ֥ר לֹֽא יְדַעְתָּ֖/ם וְ/נָֽעָבְדֵֽ/ם
13:3 non audies verba prophetae illius aut somniatoris : quia tentat vos Dominus Deus vester, ut palam fiat utrum diligatis eum an non, in toto corde, et in tota anima vestra.
*H Thou shalt not hear the words of that prophet or dreamer: for the Lord your God trieth you, that it may appear whether you love him with all your heart, and with all your soul, or not.


Ver. 3. Trieth you, not in order to induce you to embrace evil, (Jam. i. 13,) nor to discover your real dispositions, but to lay open your hearts to yourselves and to the world, (H.) that, if you continue steadfast, others may be encouraged to imitate you; but if you fall, they may take warning, and stand with all humility and circumspection. C. — Appear. Heb. "to know, or to disclose." M.

13_4 οὐκ ἀκούσεσθε τῶν λόγων τοῦ προφήτου ἐκείνου ἢ τοῦ ἐνυπνιαζομένου τὸ ἐνύπνιον ἐκεῖνο· ὅτι πειράζει Κύριος ὁ Θεός σου ὑμᾶς, εἰδέναι εἰ ἀγαπᾶτε τὸν Θεὸν ὑμῶν ἐξ ὅλης τῆς καρδίας ὑμῶν, καὶ ἐξ ὅλης τῆς ψυχῆς ὑμῶν.
13_4 לֹ֣א תִשְׁמַ֗ע אֶל דִּבְרֵי֙ הַ/נָּבִ֣יא הַ/ה֔וּא א֛וֹ אֶל חוֹלֵ֥ם הַ/חֲל֖וֹם הַ/ה֑וּא כִּ֣י מְנַסֶּ֞ה יְהוָ֤ה אֱלֹֽהֵי/כֶם֙ אֶתְ/כֶ֔ם לָ/דַ֗עַת הֲ/יִשְׁ/כֶ֤ם אֹֽהֲבִים֙ אֶת יְהוָ֣ה אֱלֹהֵי/כֶ֔ם בְּ/כָל לְבַבְ/כֶ֖ם וּ/בְ/כָל נַפְשְׁ/כֶֽם
* Summa
*S Part 1, Ques 114, Article 2

[I, Q. 114, Art. 2]

Whether to Tempt Is Proper to the Devil?

Objection 1: It would seem that to tempt is not proper to the devil. For God is said to tempt, according to Gen. 22:1, "God tempted Abraham." Moreover man is tempted by the flesh and the world. Again, man is said to tempt God, and to tempt man. Therefore it is not proper to the devil to tempt.

Obj. 2: Further, to tempt is a sign of ignorance. But the demons know what happens among men. Therefore the demons do not tempt.

Obj. 3: Further, temptation is the road to sin. Now sin dwells in the will. Since therefore the demons cannot change man's will, as appears from what has been said above (Q. 111, A. 2), it seems that it is not in their province to tempt.

_On the contrary,_ It is written (1 Thess. 3:5): "Lest perhaps he that tempteth should have tempted you": to which the gloss adds, "that is, the devil, whose office it is to tempt."

_I answer that,_ To tempt is, properly speaking, to make trial of something. Now we make trial of something in order to know something about it: hence the immediate end of every tempter is knowledge. But sometimes another end, either good or bad, is sought to be acquired through that knowledge; a good end, when, for instance, one desires to know of someone, what sort of a man he is as to knowledge, or virtue, with a view to his promotion; a bad end, when that knowledge is sought with the purpose of deceiving or ruining him.

From this we can gather how various beings are said to tempt in various ways. For man is said to tempt, sometimes indeed merely for the sake of knowing something; and for this reason it is a sin to tempt God; for man, being uncertain as it were, presumes to make an experiment of God's power. Sometimes too he tempts in order to help, sometimes in order to hurt. The devil, however, always tempts in order to hurt by urging man into sin. In this sense it is said to be his proper office to tempt: for thought at times man tempts thus, he does this as minister of the devil. God is said to tempt that He may know, in the same sense as that is said to know which makes others to know. Hence it is written (Deut. 13:3): "The Lord your God trieth you, that it may appear whether you love him."

The flesh and the world are said to tempt as the instruments or matter of temptations; inasmuch as one can know what sort of man someone is, according as he follows or resists the desires of the flesh, and according as he despises worldly advantages and adversity: of which things the devil also makes use in tempting.

Thus the reply to the first objection is clear.

Reply Obj. 2: The demons know what happens outwardly among men; but the inward disposition of man God alone knows, Who is the "weigher of spirits" (Prov. 16:2). It is this disposition that makes man more prone to one vice than to another: hence the devil tempts, in order to explore this inward disposition of man, so that he may tempt him to that vice to which he is most prone.

Reply Obj. 3: Although a demon cannot change the will, yet, as stated above (Q. 111, A. 3), he can change the inferior powers of man, in a certain degree: by which powers, though the will cannot be forced, it can nevertheless be inclined. _______________________

THIRD

13:4 Dominum Deum vestrum sequimini, et ipsum timete, et mandata illius custodite, et audite vocem ejus : ipsi servietis, et ipsi adhaerebitis.
Follow the Lord your God, and fear him, and keep his commandments, and hear his voice: him you shall serve, and to him you shall cleave.
13_5 Ὀπίσω Κυρίου τοῦ Θεοῦ ὑμῶν πορεύεσθε, καὶ τοῦτον φοβηθήσεσθε, καὶ τῆς φωνῆς αὐτοῦ ἀκούσεσθε, καὶ αὐτῷ προστεθήσεσθε.
13_5 אַחֲרֵ֨י יְהוָ֧ה אֱלֹהֵי/כֶ֛ם תֵּלֵ֖כוּ וְ/אֹת֣/וֹ תִירָ֑אוּ וְ/אֶת מִצְוֺתָ֤י/ו תִּשְׁמֹ֨רוּ֙ וּ/בְ/קֹל֣/וֹ תִשְׁמָ֔עוּ וְ/אֹת֥/וֹ תַעֲבֹ֖דוּ וּ/ב֥/וֹ תִדְבָּקֽוּ/ן
13:5 Propheta autem ille aut fictor somniorum interficietur : quia locutus est ut vos averteret a Domino Deo vestro, qui eduxit vos de terra Aegypti, et redemit vos de domo servitutis : ut errare te faceret de via, quam tibi praecepit Dominus Deus tuus : et auferes malum de medio tui.
*H And that prophet or forger of dreams shall be slain: because he spoke to draw you away from the Lord your God, who brought you out of the land of Egypt, and redeemed you from the house of bondage: to make thee go out of the way, which the Lord thy God commanded thee: and thou shalt take away the evil out of the midst of thee.


Ver. 5. Forger. Heb. "dreamer," to whom God reveals his secrets in the night, as he does to the prophet while he is awake. — Slain. Philo says, without any trial or delay; but the Rabbins allow that, although the impostor was not to receive an admonition, no ignorance being able to excuse him, as in other cases, he was to be brought before the Sanhedrim, at Jerusalem, and strangled. See Luc. xiii. 33. The Jews, it is thought, condemned our Saviour on the plea that he was a false prophet. Mat. xxvi. 57. They commonly required before this condemnation, that a person should have assumed the character of a prophet, and not barely that he should have performed some wonderful work by his ingenuity. For if he only did the latter, and thereby endeavoured to withdraw the people from the service of the true God, he was punished as a seducer. They also refused to condemn one who had foretold evils, if they did not take place, because God, being merciful, might have pardoned those who did penance, (C.) as was the case with Jonas and the Ninivites. H. — But those who taught or did any thing contrary to the law, in quality of prophets, were in danger of condemnation, unless their great reputation might screen them from suspicion. Thus Elias offered sacrifice on Mount Carmel, without giving offence, 3 K. xviii. 23. If a true prophet bore witness to another, the latter might also claim respect. C. — Yet though S. John the Baptist had repeatedly commended Jesus Christ, the Jews did not hesitate to call him a seducer, and to put him to death. H. — "The evil one." Syr. 1 Cor. v. 13.

13_6 Καὶ ὁ προφήτης ἐκεῖνος ἢ ὁ τὸ ἐνύπνιον ἐνυπνιαζόμενος ἐκεῖνος, ἀποθανεῖται· ἐλάλησε γὰρ πλανῆσαί σε ἀπὸ Κυρίου τοῦ Θεοῦ σου ἐξαγαγόντος σε ἐκ γῆς Αἰγύπτου, τοῦ λυτρωσαμένου σε ἐκ τῆς δουλείας, ἐξῶσαί σε ἀπὸ τῆς ὁδοῦ, ἧς ἐνετείλατό σοι Κύριος ὁ Θεός σου πορεύεσθαι ἐν αὐτῇ· καὶ ἀφανιεῖς τὸν πονηρὸν ἐξ ὑμῶν αὐτῶν.
13_6 וְ/הַ/נָּבִ֣יא הַ/ה֡וּא א֣וֹ חֹלֵם֩ הַ/חֲל֨וֹם הַ/ה֜וּא יוּמָ֗ת כִּ֣י דִבֶּר סָ֠רָה עַל יְהוָ֨ה אֱלֹֽהֵי/כֶ֜ם הַ/מּוֹצִ֥יא אֶתְ/כֶ֣ם מֵ/אֶ֣רֶץ מִצְרַ֗יִם וְ/הַ/פֹּֽדְ/ךָ֙ מִ/בֵּ֣ית עֲבָדִ֔ים לְ/הַדִּֽיחֲ/ךָ֙ מִן הַ/דֶּ֔רֶךְ אֲשֶׁ֧ר צִוְּ/ךָ֛ יְהוָ֥ה אֱלֹהֶ֖י/ךָ לָ/לֶ֣כֶת בָּ֑/הּ וּ/בִֽעַרְתָּ֥ הָ/רָ֖ע מִ/קִּרְבֶּֽ/ךָ
13:6 Si tibi voluerit persuadere frater tuus filius matris tuae, aut filius tuus vel filia, sive uxor quae est in sinu tuo, aut amicus, quem diligis ut animam tuam, clam dicens : Eamus, et serviamus diis alienis, quos ignoras tu, et patres tui,
*H If thy brother the son of thy mother, or thy son, or daughter, or thy wife that is in thy bosom, or thy friend, whom thou lovest as thy own soul, would persuade thee secretly, saying: Let us go, and serve strange gods, which thou knowest not, nor thy fathers,


Ver. 6. If thy own brother, to distinguish him from the rest of the Jews, who were all styled brethren, as being descended from the same stock of the Patriarchs. M.

13_7 Ἐὰν δὲ παρακαλέσῃ σε ὁ ἀδελφός σου ἐκ πατρός σου ἢ ἐκ μητρός σου, ἢ ὁ υἱός σου, ἢ ἡ θυγάτηρ, ἢ ἡ γυνή σου ἡ ἐν κόλπῳ σου, ἢ φίλος ἴσος τῇ ψυχῇς σου λάθρα, λέγων, βαδίσωμεν καὶ λατρεύσωμεν θεοῖς ἑτέροις, οὓς οὐκ ᾔδεις σὺ καὶ οἱ πατέρες σου,
13_7 כִּ֣י יְסִֽיתְ/ךָ֡ אָחִ֣י/ךָ בֶן אִ֠מֶּ/ךָ אֽוֹ בִנְ/ךָ֨ אֽוֹ בִתְּ/ךָ֜ א֣וֹ אֵ֣שֶׁת חֵיקֶ֗/ךָ א֧וֹ רֵֽעֲ/ךָ֛ אֲשֶׁ֥ר כְּ/נַפְשְׁ/ךָ֖ בַּ/סֵּ֣תֶר לֵ/אמֹ֑ר נֵֽלְכָ֗ה וְ/נַֽעַבְדָה֙ אֱלֹהִ֣ים אֲחֵרִ֔ים אֲשֶׁר֙ לֹ֣א יָדַ֔עְתָּ אַתָּ֖ה וַ/אֲבֹתֶֽי/ךָ
13:7 cunctarum in circuitu gentium, quae juxta vel procul sunt, ab initio usque ad finem terrae,
Of all the nations round about, that are near or afar off, from one end of the earth to the other,
13_8 ἀπὸ τῶν θεῶν τῶν ἐθνῶν τῶν περὶ κύκλῳ ὑμῶν, τῶν ἐγγιζόντων σοι ἢ τῶν μακρὰν ἀπὸ σοῦ, ἀπʼ ἄκρου τῆς γῆς ἕως ἄκρου τῆς γῆς,
13_8 מֵ/אֱלֹהֵ֣י הָֽ/עַמִּ֗ים אֲשֶׁר֙ סְבִיבֹ֣תֵי/כֶ֔ם הַ/קְּרֹבִ֣ים אֵלֶ֔י/ךָ א֖וֹ הָ/רְחֹקִ֣ים מִמֶּ֑/ךָּ מִ/קְצֵ֥ה הָ/אָ֖רֶץ וְ/עַד קְצֵ֥ה הָ/אָֽרֶץ
13:8 non acquiescas ei, nec audias, neque parcat ei oculus tuus ut miserearis et occultes eum,
Consent not to him, hear him not, neither let thy eye spare him to pity and conceal him,
13_9 οὐ συνθελήσεις αὐτῷ, καὶ οὐκ εἰσακούσῃ αὐτοῦ, καὶ οὐ φείσεται ὁ ὀφθαλμός σου ἐπʼ αὐτῷ, οὐκ ἐπιποθήσεις ἐπʼ αὐτῷ, οὐδʼ οὐ μὴ σκεπάσῃς αὐτόν·
13_9 לֹא תֹאבֶ֣ה ל֔/וֹ וְ/לֹ֥א תִשְׁמַ֖ע אֵלָ֑י/ו וְ/לֹא תָח֤וֹס עֵֽינְ/ךָ֙ עָלָ֔י/ו וְ/לֹֽא תַחְמֹ֥ל וְ/לֹֽא תְכַסֶּ֖ה עָלָֽי/ו
* Summa
*S Part 3, Ques 67, Article 4

[II-II, Q. 67, Art. 4]

Whether the Judge Can Lawfully Remit the Punishment?

Objection 1: It would seem that the judge can lawfully remit the punishment. For it is written (James 2:13): "Judgment without mercy" shall be done "to him that hath not done mercy." Now no man is punished for not doing what he cannot do lawfully. Therefore any judge can lawfully do mercy by remitting the punishment.

Obj. 2: Further, human judgment should imitate the Divine judgment. Now God remits the punishment to sinners, because He desires not the death of the sinner, according to Ezech. 18:23. Therefore a human judge also may lawfully remit the punishment to one who repents.

Obj. 3: Further, it is lawful for anyone to do what is profitable to some one and harmful to none. Now the remission of his punishment profits the guilty man and harms nobody. Therefore the judge can lawfully loose a guilty man from his punishment.

_On the contrary,_ It is written (Deut. 13:8, 9) concerning anyone who would persuade a man to serve strange gods: "Neither let thy eye spare him to pity and conceal him, but thou shalt presently put him to death": and of the murderer it is written (Deut. 19:12, 13): "He shall die. Thou shalt not pity him."

_I answer that,_ As may be gathered from what has been said (AA. 2, 3), with regard to the question in point, two things may be observed in connection with a judge. One is that he has to judge between accuser and defendant, while the other is that he pronounces the judicial sentence, in virtue of his power, not as a private individual but as a public person. Accordingly on two counts a judge is hindered from loosing a guilty person from his punishment. First on the part of the accuser, whose right it sometimes is that the guilty party should be punished--for instance on account of some injury committed against the accuser--because it is not in the power of a judge to remit such punishment, since every judge is bound to give each man his right. Secondly, he finds a hindrance on the part of the commonwealth, whose power he exercises, and to whose good it belongs that evil-doers should be punished.

Nevertheless in this respect there is a difference between judges of lower degree and the supreme judge, i.e. the sovereign, to whom the entire public authority is entrusted. For the inferior judge has no power to exempt a guilty man from punishment against the laws imposed on him by his superior. Wherefore Augustine in commenting on John 19:11, "Thou shouldst not have any power against Me," says (Tract. cxvi in Joan.): "The power which God gave Pilate was such that he was under the power of Caesar, so that he was by no means free to acquit the person accused." On the other hand the sovereign who has full authority in the commonwealth, can lawfully remit the punishment to a guilty person, provided the injured party consent to the remission, and that this do not seem detrimental to the public good.

Reply Obj. 1: There is a place for the judge's mercy in matters that are left to the judge's discretion, because in like matters a good man is slow to punish as the Philosopher states (Ethic. v, 10). But in matters that are determined in accordance with Divine or human laws, it is not left to him to show mercy.

Reply Obj. 2: God has supreme power of judging, and it concerns Him whatever is done sinfully against anyone. Therefore He is free to remit the punishment, especially since punishment is due to sin chiefly because it is done against Him. He does not, however, remit the punishment, except in so far as it becomes His goodness, which is the source of all laws.

Reply Obj. 3: If the judge were to remit punishment inordinately, he would inflict an injury on the community, for whose good it behooves ill-deeds to be punished, in order that men may avoid sin. Hence the text, after appointing the punishment of the seducer, adds (Deut. 13:11): "That all Israel hearing may fear, and may do no more anything like this." He would also inflict harm on the injured person; who is compensated by having his honor restored in the punishment of the man who has injured him. _______________________

13:9 sed statim interficies : sit primum manus tua super eum, et postea omnis populus mittat manum.
*H But thou shalt presently put him to death. Let thy hand be first upon him, and afterwards the hands of all the people.


Ver. 9. Presently put him to death. Not by killing him by private authority, but by informing the magistrate, and proceeding by order of justice. Ch. W. — Philo seems to assert the contrary. But he perhaps speaks of those who publicly endeavoured to lead the people astray. Presently is not in Heb. Other criminals were allowed twenty-four hours after condemnation. No delay was granted to false prophets. No excuse was admitted. If he had even been once acquitted, he might be examined again. — Thy hand. The accuser or witness first threw a stone, after the wretch had been conducted out of the city. C. xvii. 4. Acts vii. 58.

13_10 ἀναγγέλλων ἀναγγελεῖς περὶ αὐτοῦ, καὶ αἱ χεῖρές σου ἔσονται ἐπʼ αὐτὸν ἐν πρώτοις ἀποκτεῖναι αὐτὸν, καὶ αἱ χεῖρες παντὸς τοῦ λαοῦ ἐπʼ ἐσχάτῳ.
13_10 כִּ֤י הָרֹג֙ תַּֽהַרְגֶ֔/נּוּ יָֽדְ/ךָ֛ תִּֽהְיֶה בּ֥/וֹ בָ/רִֽאשׁוֹנָ֖ה לַ/הֲמִית֑/וֹ וְ/יַ֥ד כָּל הָ/עָ֖ם בָּ/אַחֲרֹנָֽה
* Summa
*S Part 3, Ques 16, Article 1

[II-II, Q. 16, Art. 1]

Whether in the Old Law There Should Have Been Given Precepts of Faith?

Objection 1: It would seem that, in the Old Law, there should have been given precepts of faith. Because a precept is about something due and necessary. Now it is most necessary for man that he should believe, according to Heb. 11:6, "Without faith it is impossible to please God." Therefore there was very great need for precepts of faith to be given.

Obj. 2: Further, the New Testament is contained in the Old, as the reality in the figure, as stated above (I-II, Q. 107, A. 3). Now the New Testament contains explicit precepts of faith, for instance John 14:1: "You believe in God; believe also in Me." Therefore it seems that some precepts of faith ought to have been given in the Old Law also.

Obj. 3: Further, to prescribe the act of a virtue comes to the same as to forbid the opposite vices. Now the Old Law contained many precepts forbidding unbelief: thus (Ex. 20:3): "Thou shalt not have strange gods before Me," and (Deut. 13:1-3) they were forbidden to hear the words of the prophet or dreamer who might wish to turn them away from their faith in God. Therefore precepts of faith should have been given in the Old Law also.

Obj. 4: Further, confession is an act of faith, as stated above (Q. 3, A. 1). Now the Old Law contained precepts about the confession and the promulgation of faith: for they were commanded (Ex. 12:27) that, when their children should ask them, they should tell them the meaning of the paschal observance, and (Deut. 13:9) they were commanded to slay anyone who disseminated doctrine contrary to faith. Therefore the Old Law should have contained precepts of faith.

Obj. 5: Further, all the books of the Old Testament are contained in the Old Law; wherefore Our Lord said (John 15:25) that it was written in the Law: "They have hated Me without cause," although this is found written in Ps. 34 and 68. Now it is written (Ecclus. 2:8): "Ye that fear the Lord, believe Him." Therefore the Old Law should have contained precepts of faith.

_On the contrary,_ The Apostle (Rom. 3:27) calls the Old Law the "law of works" which he contrasts with the "law of faith." Therefore the Old Law ought not to have contained precepts of faith.

_I answer that,_ A master does not impose laws on others than his subjects; wherefore the precepts of a law presuppose that everyone who receives the law is subject to the giver of the law. Now the primary subjection of man to God is by faith, according to Heb. 11:6: "He that cometh to God, must believe that He is." Hence faith is presupposed to the precepts of the Law: for which reason (Ex. 20:2) that which is of faith, is set down before the legal precepts, in the words, "I am the Lord thy God, Who brought thee out of the land of Egypt," and, likewise (Deut. 6:4), the words, "Hear, O Israel, the Lord thy [Vulg.: 'our'] God is one," precede the recording of the precepts.

Since, however, faith contains many things subordinate to the faith whereby we believe that God is, which is the first and chief of all articles of faith, as stated above (Q. 1, AA. 1, 7), it follows that, if we presuppose faith in God, whereby man's mind is subjected to Him, it is possible for precepts to be given about other articles of faith. Thus Augustine expounding the words: "This is My commandment" (John 15:12) says (Tract. lxxxiii in Joan.) that we have received many precepts of faith. In the Old Law, however, the secret things of faith were not to be set before the people, wherefore, presupposing their faith in one God, no other precepts of faith were given in the Old Law.

Reply Obj. 1: Faith is necessary as being the principle of spiritual life, wherefore it is presupposed before the receiving of the Law.

Reply Obj. 2: Even then Our Lord both presupposed something of faith, namely belief in one God, when He said: "You believe in God," and commanded something, namely, belief in the Incarnation whereby one Person is God and man. This explanation of faith belongs to the faith of the New Testament, wherefore He added: "Believe also in Me."

Reply Obj. 3: The prohibitive precepts regard sins, which corrupt virtue. Now virtue is corrupted by any particular defect, as stated above (I-II, Q. 18, A. 4, ad 3; I-II, Q. 19, A. 6, ad 1, A. 7, ad 3). Therefore faith in one God being presupposed, prohibitive precepts had to be given in the Old Law, so that men might be warned off those particular defects whereby their faith might be corrupted.

Reply Obj. 4: Confession of faith and the teaching thereof also presuppose man's submission to God by faith: so that the Old Law could contain precepts relating to the confession and teaching of faith, rather than to faith itself.

Reply Obj. 5: In this passage again that faith is presupposed whereby we believe that God is; hence it begins, "Ye that fear the Lord," which is not possible without faith. The words which follow--"believe Him"--must be referred to certain special articles of faith, chiefly to those things which God promises to them that obey Him, wherefore the passage concludes--"and your reward shall not be made void." _______________________

SECOND

13:10 Lapidibus obrutus necabitur : quia voluit te abstrahere a Domino Deo tuo, qui eduxit te de terra Aegypti, de domo servitutis :
With stones shall he be stoned to death: because he would have withdrawn thee from the Lord thy God, who brought thee out of the land of Egypt, from the house of bondage:
13_11 Καὶ λιθοβολήσουσιν αὐτὸν ἐν λίθοις, καὶ ἀποθανεῖται, ὅτι ἐζήτησεν ἀποστῆσαί σε ἀπὸ Κυρίου τοῦ Θεοῦ σου τοῦ ἐξαγαγόντος σε ἐκ γῆς Αἰγύπτου, ἐξ οἴκου δουλείας.
13_11 וּ/סְקַלְתּ֥/וֹ בָ/אֲבָנִ֖ים וָ/מֵ֑ת כִּ֣י בִקֵּ֗שׁ לְ/הַדִּֽיחֲ/ךָ֙ מֵ/עַל֙ יְהוָ֣ה אֱלֹהֶ֔י/ךָ הַ/מּוֹצִיאֲ/ךָ֛ מֵ/אֶ֥רֶץ מִצְרַ֖יִם מִ/בֵּ֥ית עֲבָדִֽים
13:11 ut omnis Israel audiens timeat, et nequaquam ultra faciat quippiam hujus rei simile.
That all Israel hearing may fear, and may do no more any thing like this.
13_12 Καὶ πᾶς Ἰσραὴλ ἀκούσας φοβηθήσεται, καὶ οὐ προσθήσει ποιῆσαι ἔτι κατὰ τὸ ῥῆμα τὸ πονηρὸν τοῦτο ἐν ὑμῖν.
13_12 וְ/כָל יִשְׂרָאֵ֔ל יִשְׁמְע֖וּ וְ/יִֽרָא֑וּ/ן וְ/לֹֽא יוֹסִ֣פוּ לַ/עֲשׂ֗וֹת כַּ/דָּבָ֥ר הָ/רָ֛ע הַ/זֶּ֖ה בְּ/קִרְבֶּֽ/ךָ
* Summa
*S Part 3, Ques 67, Article 4

[II-II, Q. 67, Art. 4]

Whether the Judge Can Lawfully Remit the Punishment?

Objection 1: It would seem that the judge can lawfully remit the punishment. For it is written (James 2:13): "Judgment without mercy" shall be done "to him that hath not done mercy." Now no man is punished for not doing what he cannot do lawfully. Therefore any judge can lawfully do mercy by remitting the punishment.

Obj. 2: Further, human judgment should imitate the Divine judgment. Now God remits the punishment to sinners, because He desires not the death of the sinner, according to Ezech. 18:23. Therefore a human judge also may lawfully remit the punishment to one who repents.

Obj. 3: Further, it is lawful for anyone to do what is profitable to some one and harmful to none. Now the remission of his punishment profits the guilty man and harms nobody. Therefore the judge can lawfully loose a guilty man from his punishment.

_On the contrary,_ It is written (Deut. 13:8, 9) concerning anyone who would persuade a man to serve strange gods: "Neither let thy eye spare him to pity and conceal him, but thou shalt presently put him to death": and of the murderer it is written (Deut. 19:12, 13): "He shall die. Thou shalt not pity him."

_I answer that,_ As may be gathered from what has been said (AA. 2, 3), with regard to the question in point, two things may be observed in connection with a judge. One is that he has to judge between accuser and defendant, while the other is that he pronounces the judicial sentence, in virtue of his power, not as a private individual but as a public person. Accordingly on two counts a judge is hindered from loosing a guilty person from his punishment. First on the part of the accuser, whose right it sometimes is that the guilty party should be punished--for instance on account of some injury committed against the accuser--because it is not in the power of a judge to remit such punishment, since every judge is bound to give each man his right. Secondly, he finds a hindrance on the part of the commonwealth, whose power he exercises, and to whose good it belongs that evil-doers should be punished.

Nevertheless in this respect there is a difference between judges of lower degree and the supreme judge, i.e. the sovereign, to whom the entire public authority is entrusted. For the inferior judge has no power to exempt a guilty man from punishment against the laws imposed on him by his superior. Wherefore Augustine in commenting on John 19:11, "Thou shouldst not have any power against Me," says (Tract. cxvi in Joan.): "The power which God gave Pilate was such that he was under the power of Caesar, so that he was by no means free to acquit the person accused." On the other hand the sovereign who has full authority in the commonwealth, can lawfully remit the punishment to a guilty person, provided the injured party consent to the remission, and that this do not seem detrimental to the public good.

Reply Obj. 1: There is a place for the judge's mercy in matters that are left to the judge's discretion, because in like matters a good man is slow to punish as the Philosopher states (Ethic. v, 10). But in matters that are determined in accordance with Divine or human laws, it is not left to him to show mercy.

Reply Obj. 2: God has supreme power of judging, and it concerns Him whatever is done sinfully against anyone. Therefore He is free to remit the punishment, especially since punishment is due to sin chiefly because it is done against Him. He does not, however, remit the punishment, except in so far as it becomes His goodness, which is the source of all laws.

Reply Obj. 3: If the judge were to remit punishment inordinately, he would inflict an injury on the community, for whose good it behooves ill-deeds to be punished, in order that men may avoid sin. Hence the text, after appointing the punishment of the seducer, adds (Deut. 13:11): "That all Israel hearing may fear, and may do no more anything like this." He would also inflict harm on the injured person; who is compensated by having his honor restored in the punishment of the man who has injured him. _______________________

13:12 Si audieris in una urbium tuarum, quas Dominus Deus tuus dabit tibi ad habitandum, dicentes aliquos :
*H If in one of thy cities, which the Lord thy God shall give thee to dwell in, thou hear some say:


Ver. 12. Cities. If the inhabitants agreed, in general, to introduce the worship of idols, they were to be first admonished, (C.) and if incorrigible, to be utterly destroyed. H. — The obligation of seeing that this was executed, was left to the magistrates. D.

13_13 Ἐὰν δὲ ἀκούσῃς ἐν μιᾷ τῶν πόλεών σου, ὧν Κύριος ὁ Θεός σου δίδωσί σοι κατοικεῖν σε ἐκεῖ, λεγόντων,
13_13 כִּֽי תִשְׁמַ֞ע בְּ/אַחַ֣ת עָרֶ֗י/ךָ אֲשֶׁר֩ יְהוָ֨ה אֱלֹהֶ֜י/ךָ נֹתֵ֥ן לְ/ךָ֛ לָ/שֶׁ֥בֶת שָׁ֖ם לֵ/אמֹֽר
13:13 Egressi sunt filii Belial de medio tui, et averterunt habitatores urbis suae, atque dixerunt : Eamus, et serviamus diis alienis quos ignoratis :
*H Children of Belial are gone out of the midst of thee, and have withdrawn the inhabitants of their city, and have said: Let us go, and serve strange gods which you know not:


Ver. 13. Belial: that is, without yoke. Hence the wicked, who refuse to be subject to the divine law, are called in Scripture the sons of Belial. Ch. — The devil is called Belial, or "an apostate, rebel," &c. The word is also applied to Antichrist, to idols, and to those who are notoriously wicked. S. Jer. in Nahum i. and Isai. xxvii. 3 K. xxi. 13.

13_14 ἐξήλθοσαν ἄνδρες παράνομοι ἐξ ὑμῶν, καὶ ἀπέστησαν πάντας τοὺς κατοικοῦντας τὴν γῆν αὐτῶν, λέγοντες, πορευθῶμεν καὶ λατρεύσωμεν θεοῖς ἑτέροις, οὓς οὐκ ᾔδειτε,
13_14 יָצְא֞וּ אֲנָשִׁ֤ים בְּנֵֽי בְלִיַּ֨עַל֙ מִ/קִּרְבֶּ֔/ךָ וַ/יַּדִּ֛יחוּ אֶת יֹשְׁבֵ֥י עִירָ֖/ם לֵ/אמֹ֑ר נֵלְכָ֗ה וְ/נַעַבְדָ֛ה אֱלֹהִ֥ים אֲחֵרִ֖ים אֲשֶׁ֥ר לֹא יְדַעְתֶּֽם
13:14 quaere sollicite et diligenter, rei veritate perspecta, si inveneris certum esse quod dicitur, et abominationem hanc opere perpetratam,
Inquire carefully and diligently, the truth of the thing by looking well into it, and if thou find that which is said to be certain, and that this abomination hath been really committed,
13_15 καὶ ἐτάσεις καὶ ἐρωτήσεις, καὶ ἐρευνήσεις σφόδρα, καὶ ἰδοὺ ἀληθὴς σαφῶς ὁ λόγος, γεγένηται τὸ βδέλυγμα τοῦτο ἐν ὑμῖν·
13_15 וְ/דָרַשְׁתָּ֧ וְ/חָקַרְתָּ֧ וְ/שָׁאַלְתָּ֖ הֵיטֵ֑ב וְ/הִנֵּ֤ה אֱמֶת֙ נָכ֣וֹן הַ/דָּבָ֔ר נֶעֶשְׂתָ֛ה הַ/תּוֹעֵבָ֥ה הַ/זֹּ֖את בְּ/קִרְבֶּֽ/ךָ
13:15 statim percuties habitatores urbis illius in ore gladii, et delebis eam ac omnia quae in illa sunt, usque ad pecora.
*H Thou shalt forthwith kill the inhabitants of that city with the edge of the sword, and shalt destroy it and all things that are in it, even the cattle.


Ver. 15. Even the cattle. Nothing at all must be spared. Yet the Rabbins and some who argue that penal laws must be restrained as much as possible, exempt the women, and boys under thirteen years of age, and understand this law only of the central cities, v. 13. If the city was seduced by one man, or by women, or by people of a different tribe, the culprit was only to be stoned, and the Sanhedrim had to take cognizance of the whole affair. If many cities joined in the idolatry, or if any of them were cities of refuge, &c. they were not included. Seld. Syned. iii. 5. Grotius. — But these limitations seem visibly to contradict the law. The goods of the innocent were involved in the common ruin, that they might learn to make all possible resistance to the introduction of so abominable a crime; and those of the guilty were destroyed wherever they were found. C. — But the persons of those who fled away, to shew their disapprobation, and denounce the attempt of their brethren, (H.) would no doubt be saved. C. — If they continued among them, their indolence or connivance deserved punishment. H. — Grotius (Jur. ii. 15,) maintains, that the magistrate is authorized by the law of nature to punish those who deny the existence of God or his Providence, as these errors strike at the root of all society. — For the Lord, as a victim of expiation, and to manifest your zeal for the honour of the only true God. — No more. Sept. "it shall be uninhabited." The Rabbins are so exact, as to entertain a doubt whether the place might even be used as a garden. C.

13_16 ἀναιρῶν ἀνελεῖς πάντας τοὺς κατοικοῦντας ἐν τῇ γῇ ἐκείνῃ ἐν φόνῳ μαχαίρας, ἀναθέματι ἀναθεματιεῖτε αὐτὴν, καὶ πάντα τὰ ἐν αὐτῇ.
13_16 הַכֵּ֣ה תַכֶּ֗ה אֶת יֹֽשְׁבֵ֛י הָ/עִ֥יר ה/הוא הַ/הִ֖יא לְ/פִי חָ֑רֶב הַחֲרֵ֨ם אֹתָ֧/הּ וְ/אֶת כָּל אֲשֶׁר בָּ֛/הּ וְ/אֶת בְּהֶמְתָּ֖/הּ לְ/פִי חָֽרֶב
13:16 Quidquid etiam supellectilis fuerit, congregabis in medio platearum ejus, et cum ipsa civitate succendes, ita ut universa consumas Domino Deo tuo, et sit tumulus sempiternus. Non aedificabitur amplius,
And all the household goods that are there, thou shalt gather together in the midst of the streets thereof, and shall burn them with the city itself, so as to comsume all for the Lord thy God, and that it be a heap for ever: it shall be built no more.
13_17 Καὶ πάντα τὰ σκῦλα αὐτῆς συνάξεις εἰς τὰς διόδους αὐτῆς, καὶ ἐμπρήσεις τὴν πόλιν ἐν πυρὶ, καὶ πάντα τὰ σκῦλα αὐτῆς πανδημεὶ ἐναντίον Κυρίου τοῦ Θεοῦ σου· καὶ ἔσται ἀοίκητος εἰς τὸν αἰῶνα, οὐκ ἀνοικοδομηθήσεται ἔτι.
13_17 וְ/אֶת כָּל שְׁלָלָ֗/הּ תִּקְבֹּץ֮ אֶל תּ֣וֹךְ רְחֹבָ/הּ֒ וְ/שָׂרַפְתָּ֨ בָ/אֵ֜שׁ אֶת הָ/עִ֤יר וְ/אֶת כָּל שְׁלָלָ/הּ֙ כָּלִ֔יל לַ/יהוָ֖ה אֱלֹהֶ֑י/ךָ וְ/הָיְתָה֙ תֵּ֣ל עוֹלָ֔ם לֹ֥א תִבָּנֶ֖ה עֽוֹד
13:17 et non adhaerebit de illo anathemate quidquam in manu tua : ut avertatur Dominus ab ira furoris sui, et misereatur tui, multiplicetque te sicut juravit patribus tuis,
*H And there shall nothing of that anathema stick to thy hand: that the Lord may turn from the wrath of his fury, and may have mercy on thee, and multiply thee as he swore to thy fathers,


Ver. 17. Hand. Thou shalt reserve nothing for thyself, (M.) as Achan did. Jos. vii. H.

13_18 Καὶ οὐ προσκολληθήσεται οὐδὲν ἀπὸ τοῦ ἀναθέματος ἐν τῇ χειρί σου, ἵνα ἀποστραφῇ Κύριος ἀπὸ θυμοῦ τῆς ὀργῆς αὐτοῦ, καὶ δώσῃ σοι ἔλεος, καὶ ἐλεήσῇ σε, καὶ πληθύνῃ σε, ὃν τρόπον ὤμοσε τοῖς πατράσι σου,
13_18 וְ/לֹֽא יִדְבַּ֧ק בְּ/יָדְ/ךָ֛ מְא֖וּמָה מִן הַ/חֵ֑רֶם לְמַעַן֩ יָשׁ֨וּב יְהוָ֜ה מֵ/חֲר֣וֹן אַפּ֗/וֹ וְ/נָֽתַן לְ/ךָ֤ רַחֲמִים֙ וְ/רִֽחַמְ/ךָ֣ וְ/הִרְבֶּ֔/ךָ כַּ/אֲשֶׁ֥ר נִשְׁבַּ֖ע לַ/אֲבֹתֶֽי/ךָ
13:18 quando audieris vocem Domini Dei tui custodiens omnia praecepta ejus, quae ego praecipio tibi hodie, ut facias quod placitum est in conspectu Domini Dei tui.
When thou shalt hear the voice of the Lord thy God, keeping all his precepts, which I command thee this day, that thou mayst do what is pleasing in the sight of the Lord thy God.
13_19 ἐὰν ἀκούσῃς τῆς φωνῆς Κυρίου τοῦ Θεοῦ σου, φυλάσσειν τὰς ἐντολὰς αὐτοῦ, ὅσας ἐγὼ ἐντέλλομαί σοι σήμερον, ποιεῖν τὸ καλὸν καὶ τὸ ἀρεστὸν ἐναντίον Κυρίου τοῦ Θεοῦ σου.
13_19 כִּ֣י תִשְׁמַ֗ע בְּ/קוֹל֙ יְהוָ֣ה אֱלֹהֶ֔י/ךָ לִ/שְׁמֹר֙ אֶת כָּל מִצְוֺתָ֔י/ו אֲשֶׁ֛ר אָנֹכִ֥י מְצַוְּ/ךָ֖ הַ/יּ֑וֹם לַ/עֲשׂוֹת֙ הַ/יָּשָׁ֔ר בְּ/עֵינֵ֖י יְהוָ֥ה אֱלֹהֶֽי/ךָ
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