[I-II, Q. 99, Art. 4]

Whether, Besides the Moral and Ceremonial Precepts, There Are Also Judicial Precepts?

Objection 1: It would seem that there are no judicial precepts in addition to the moral and ceremonial precepts in the Old Law. For Augustine says (Contra Faust. vi, 2) that in the Old Law there are "precepts concerning the life we have to lead, and precepts regarding the life that is foreshadowed." Now the precepts of the life we have to lead are moral precepts; and the precepts of the life that is foreshadowed are ceremonial. Therefore besides these two kinds of precepts we should not put any judicial precepts in the Law.

Obj. 2: Further, a gloss on Ps. 118:102, "I have not declined from Thy judgments," says, i.e. "from the rule of life Thou hast set for me." But a rule of life belongs to the moral precepts. Therefore the judicial precepts should not be considered as distinct from the moral precepts.

Obj. 3: Further, judgment seems to be an act of justice, according to Ps. 93:15: "Until justice be turned into judgment." But acts of justice, like the acts of other virtues, belong to the moral precepts. Therefore the moral precepts include the judicial precepts, and consequently should not be held as distinct from them.

_On the contrary,_ It is written (Deut. 6:1): "These are the precepts and ceremonies, and judgments": where "precepts" stands for "moral precepts" antonomastically. Therefore there are judicial precepts besides moral and ceremonial precepts.

_I answer that,_ As stated above (AA. 2, 3), it belongs to the Divine law to direct men to one another and to God. Now each of these belongs in the abstract to the dictates of the natural law, to which dictates the moral precepts are to be referred: yet each of them has to be determined by Divine or human law, because naturally known principles are universal, both in speculative and in practical matters. Accordingly just as the determination of the universal principle about Divine worship is effected by the ceremonial precepts, so the determination of the general precepts of that justice which is to be observed among men is effected by the judicial precepts.

We must therefore distinguish three kinds of precept in the Old Law; viz. _moral_ precepts, which are dictated by the natural law; _ceremonial_ precepts, which are determinations of the Divine worship; and _judicial_ precepts, which are determinations of the justice to be maintained among men. Wherefore the Apostle (Rom. 7:12) after saying that the "Law is holy," adds that "the commandment is just, and holy, and good": "just," in respect of the judicial precepts; "holy," with regard to the ceremonial precepts (since the word "sanctus"--"holy"--is applied to that which is consecrated to God); and "good," i.e. conducive to virtue, as to the moral precepts.

Reply Obj. 1: Both the moral and the judicial precepts aim at the ordering of human life: and consequently they are both comprised under one of the heads mentioned by Augustine, viz. under the precepts of the life we have to lead.

Reply Obj. 2: Judgment denotes execution of justice, by an application of the reason to individual cases in a determinate way. Hence the judicial precepts have something in common with the moral precepts, in that they are derived from reason; and something in common with the ceremonial precepts, in that they are determinations of general precepts. This explains why sometimes "judgments" comprise both judicial and moral precepts, as in Deut. 5:1: "Hear, O Israel, the ceremonies and judgments"; and sometimes judicial and ceremonial precepts, as in Lev. 18:4: "You shall do My judgments, and shall observe My precepts," where "precepts" denotes moral precepts, while "judgments" refers to judicial and ceremonial precepts.

Reply Obj. 3: The act of justice, in general, belongs to the moral precepts; but its determination to some special kind of act belongs to the judicial precepts. ________________________

FIFTH

[II-II, Q. 86, Art. 2]

Whether Oblations Are Due to Priests Alone?

Objection 1: It would seem that oblations are not due to priests alone. For chief among oblations would seem to be those that are deputed to the sacrifices of victims. Now whatever is given to the poor is called a "victim" in Scripture according to Heb. 13:16, "Do not forget to do good and to impart, for by such victims [Douay: 'sacrifices'] God's favor is obtained." Much more therefore are oblations due to the poor.

Obj. 2: Further, in many parishes monks have a share in the oblations. Now "the case of clerics is distinct from the case of monks," as Jerome states [*Ep. xiv, ad Heliod.]. Therefore oblations art not due to priests alone.

Obj. 3: Further, lay people with the consent of the Church buy oblations such as loaves and so forth, and they do so for no other reason than that they may make use thereof themselves. Therefore oblations may have reference to the laity.

_On the contrary,_ A canon of Pope Damasus [*Damasus I] quoted X, qu. i [*Can. Hanc consuetudinem], says: "None but the priests whom day by day we see serving the Lord may eat and drink of the oblations which are offered within the precincts of the Holy Church: because in the Old Testament the Lord forbade the children of Israel to eat the sacred loaves, with the exception of Aaron and his sons" (Lev. 24:8, 9).

_I answer that,_ The priest is appointed mediator and stands, so to speak, _between_ the people and God, as we read of Moses (Deut. 5:5), wherefore it belongs to him to set forth the Divine teachings and sacraments before the people; and besides to offer to the Lord things appertaining to the people, their prayers, for instance, their sacrifices and oblations. Thus the Apostle says (Heb. 5:1): "Every high priest taken from among men is ordained for men in the things that appertain to God, that he may offer up gifts and sacrifices for sins." Hence the oblations which the people offer to God concern the priests, not only as regards their turning them to their own use, but also as regards the faithful dispensation thereof, by spending them partly on things appertaining to the Divine worship, partly on things touching their own livelihood (since they that serve the altar partake with the altar, according to 1 Cor. 9:13), and partly for the good of the poor, who, as far as possible, should be supported from the possessions of the Church: for our Lord had a purse for the use of the poor, as Jerome observes on Matt. 17:26, "That we may not scandalize them."

Reply Obj. 1: Whatever is given to the poor is not a sacrifice properly speaking; yet it is called a sacrifice in so far as it is given to them for God's sake. In like manner, and for the same reason, it can be called an oblation, though not properly speaking, since it is not given immediately to God. Oblations properly so called fall to the use of the poor, not by the dispensation of the offerers, but by the dispensation of the priests.

Reply Obj. 2: Monks or other religious may receive oblations under three counts. First, as poor, either by the dispensation of the priests, or by ordination of the Church; secondly, through being ministers of the altar, and then they can accept oblations that are freely offered; thirdly, if the parishes belong to them, and they can accept oblations, having a right to them as rectors of the Church.

Reply Obj. 3: Oblations when once they are consecrated, such as sacred vessels and vestments, cannot be granted to the use of the laity: and this is the meaning of the words of Pope Damasus. But those which are unconsecrated may be allowed to the use of layfolk by permission of the priests, whether by way of gift or by way of sale. _______________________

THIRD

[II-II, Q. 104, Art. 5]

Whether Subjects Are Bound to Obey Their Superiors in All Things?

Objection 1: It seems that subjects are bound to obey their superiors in all things. For the Apostle says (Col. 3:20): "Children, obey your parents in all things," and farther on (Col. 3:22): "Servants, obey in all things your masters according to the flesh." Therefore in like manner other subjects are bound to obey their superiors in all things.

Obj. 2: Further, superiors stand between God and their subjects, according to Deut. 5:5, "I was the mediator and stood between the Lord and you at that time, to show you His words." Now there is no going from extreme to extreme, except through that which stands between. Therefore the commands of a superior must be esteemed the commands of God, wherefore the Apostle says (Gal. 4:14): "You . . . received me as an angel of God, even as Christ Jesus" and (1 Thess. 2:13): "When you had received of us the word of the hearing of God, you received it, not as the word of men, but, as it is indeed, the word of God." Therefore as man is bound to obey God in all things, so is he bound to obey his superiors.

Obj. 3: Further, just as religious in making their profession take vows of chastity and poverty, so do they also vow obedience. Now a religious is bound to observe chastity and poverty in all things. Therefore he is also bound to obey in all things.

_On the contrary,_ It is written (Acts 5:29): "We ought to obey God rather than men." Now sometimes the things commanded by a superior are against God. Therefore superiors are not to be obeyed in all things.

_I answer that,_ As stated above (AA. 1, 4), he who obeys is moved at the bidding of the person who commands him, by a certain necessity of justice, even as a natural thing is moved through the power of its mover by a natural necessity. That a natural thing be not moved by its mover, may happen in two ways. First, on account of a hindrance arising from the stronger power of some other mover; thus wood is not burnt by fire if a stronger force of water intervene. Secondly, through lack of order in the movable with regard to its mover, since, though it is subject to the latter's action in one respect, yet it is not subject thereto in every respect. Thus, a humor is sometimes subject to the action of heat, as regards being heated, but not as regards being dried up or consumed. In like manner there are two reasons, for which a subject may not be bound to obey his superior in all things. First on account of the command of a higher power. For as a gloss says on Rom. 13:2, "They that resist [Vulg.: 'He that resisteth'] the power, resist the ordinance of God" (cf. St. Augustine, De Verb. Dom. viii). "If a commissioner issue an order, are you to comply, if it is contrary to the bidding of the proconsul? Again if the proconsul command one thing, and the emperor another, will you hesitate to disregard the former and serve the latter? Therefore if the emperor commands one thing and God another, you must disregard the former and obey God." Secondly, a subject is not bound to obey his superior if the latter command him to do something wherein he is not subject to him. For Seneca says (De Beneficiis iii): "It is wrong to suppose that slavery falls upon the whole man: for the better part of him is excepted." His body is subjected and assigned to his master but his soul is his own. Consequently in matters touching the internal movement of the will man is not bound to obey his fellow-man, but God alone.

Nevertheless man is bound to obey his fellow-man in things that have to be done externally by means of the body: and yet, since by nature all men are equal, he is not bound to obey another man in matters touching the nature of the body, for instance in those relating to the support of his body or the begetting of his children. Wherefore servants are not bound to obey their masters, nor children their parents, in the question of contracting marriage or of remaining in the state of virginity or the like. But in matters concerning the disposal of actions and human affairs, a subject is bound to obey his superior within the sphere of his authority; for instance a soldier must obey his general in matters relating to war, a servant his master in matters touching the execution of the duties of his service, a son his father in matters relating to the conduct of his life and the care of the household; and so forth.

Reply Obj. 1: When the Apostle says "in all things," he refers to matters within the sphere of a father's or master's authority.

Reply Obj. 2: Man is subject to God simply as regards all things, both internal and external, wherefore he is bound to obey Him in all things. On the other hand, inferiors are not subject to their superiors in all things, but only in certain things and in a particular way, in respect of which the superior stands between God and his subjects, whereas in respect of other matters the subject is immediately under God, by Whom he is taught either by the natural or by the written law.

Reply Obj. 3: Religious profess obedience as to the regular mode of life, in respect of which they are subject to their superiors: wherefore they are bound to obey in those matters only which may belong to the regular mode of life, and this obedience suffices for salvation. If they be willing to obey even in other matters, this will belong to the superabundance of perfection; provided, however, such things be not contrary to God or to the rule they profess, for obedience in this case would be unlawful.

Accordingly we may distinguish a threefold obedience; one, sufficient for salvation, and consisting in obeying when one is bound to obey: secondly, perfect obedience, which obeys in all things lawful: thirdly, indiscreet obedience, which obeys even in matters unlawful. _______________________

SIXTH

[III, Q. 26, Art. 1]

Whether It Is Proper to Christ to Be the Mediator of God and Man?

Objection 1: It would seem that it is not proper to Christ to be the Mediator of God and man. For a priest and a prophet seem to be mediators between God and man, according to Deut. 5:5: "I was the mediator and stood between God [Vulg.: 'the Lord'] and you at that time." But it is not proper to Christ to be a priest and a prophet. Neither, therefore, is it proper to Him to be Mediator.

Obj. 2: Further, that which is fitting to angels, both good and bad, cannot be said to be proper to Christ. But to be between God and man is fitting to the good angels, as Dionysius says (Div. Nom. iv). It is also fitting to the bad angels--that is, the demons: for they have something in common with God--namely, _immortality;_ and something they have in common with men--namely, _passibility of soul_ and consequently unhappiness; as appears from what Augustine says (De Civ. Dei ix, 13, 15). Therefore it is not proper to Christ to be a Mediator of God and man.

Obj. 3: Further, it belongs to the office of Mediator to beseech one of those, between whom he mediates, for the other. But the Holy Ghost, as it is written (Rom. 8:26), "asketh" God "for us with unspeakable groanings." Therefore the Holy Ghost is a Mediator between God and man. Therefore this is not proper to Christ.

_On the contrary,_ It is written (1 Tim. 2:5): "There is . . . one Mediator of God and man, the man Christ Jesus."

_I answer that,_ Properly speaking, the office of a mediator is to join together and unite those between whom he mediates: for extremes are united in the mean (_medio_). Now to unite men to God perfectively belongs to Christ, through Whom men are reconciled to God, according to 2 Cor. 5:19: "God was in Christ reconciling the world to Himself." And, consequently, Christ alone is the perfect Mediator of God and men, inasmuch as, by His death, He reconciled the human race to God. Hence the Apostle, after saying, "Mediator of God and man, the man Christ Jesus," added: "Who gave Himself a redemption for all."

However, nothing hinders certain others from being called mediators, in some respect, between God and man, forasmuch as they cooperate in uniting men to God, dispositively or ministerially.

Reply Obj. 1: The prophets and priests of the Old Law were called mediators between God and man, dispositively and ministerially: inasmuch as they foretold and foreshadowed the true and perfect Mediator of God and men. As to the priests of the New Law, they may be called mediators of God and men, inasmuch as they are the ministers of the true Mediator by administering, in His stead, the saving sacraments to men.

Reply Obj. 2: The good angels, as Augustine says (De Civ. Dei ix, 13), cannot rightly be called mediators between God and men. "For since, in common with God, they have both beatitude and immortality, and none of these things in common with unhappy and mortal man, how much rather are they not aloof from men and akin to God, than established between them?" Dionysius, however, says that they do occupy a middle place, because, in the order of nature, they are established below God and above man. Moreover, they fulfill the office of mediator, not indeed principally and perfectively, but ministerially and dispositively: whence (Matt. 4:11) it is said that "angels came and ministered unto Him"--namely, Christ. As to the demons, it is true that they have immortality in common with God, and unhappiness in common with men. "Hence for this purpose does the immortal and unhappy demon intervene, in order that he may hinder men from passing to a happy immortality," and may allure them to an unhappy immortality. Whence he is like "an evil mediator, who separates friends" [*Augustine, De Civ. Dei xv].

But Christ had beatitude in common with God, mortality in common with men. Hence "for this purpose did He intervene, that having fulfilled the span of His mortality, He might from dead men make immortal--which He showed in Himself by rising again; and that He might confer beatitude on those who were deprived of it--for which reason He never forsook us." Wherefore He is "the good Mediator, Who reconciles enemies" (De Civ. Dei xv).

Reply Obj. 3: Since the Holy Ghost is in everything equal to God, He cannot be said to be between, or a Mediator of, God and men: but Christ alone, Who, though equal to the Father in His Godhead, yet is less than the Father in His human nature, as stated above (Q. 20, A. 1). Hence on Gal. 3:20, "Christ is a Mediator [Vulg.: 'Now a mediator is not of one, but God is one']," the gloss says: "Not the Father nor the Holy Ghost." The Holy Ghost, however, is said "to ask for us," because He makes us ask. _______________________

SECOND

[II-II, Q. 122, Art. 3]

Whether the Second Precept of the Decalogue Is Fittingly Expressed?

Objection 1: It seems that the second precept of the decalogue is unfittingly expressed. For this precept, "Thou shalt not take the name of thy God in vain" is thus explained by a gloss on Ex. 20:7: "Thou shalt not deem the Son of God to be a creature," so that it forbids an error against faith. Again, a gloss on the words of Deut. 5:11, "Thou shalt not take the name of . . . thy God in vain," adds, i.e. "by giving the name of God to wood or stone," as though they forbade a false confession of faith, which, like error, is an act of unbelief. Now unbelief precedes superstition, as faith precedes religion. Therefore this precept should have preceded the first, whereby superstition is forbidden.

Obj. 2: Further, the name of God is taken for many purposes--for instance, those of praise, of working miracles, and generally speaking in conjunction with all we say or do, according to Col. 3:17, "All whatsoever you do in word or in work . . . do ye in the name of the Lord." Therefore the precept forbidding the taking of God's name in vain seems to be more universal than the precept forbidding superstition, and thus should have preceded it.

Obj. 3: Further, a gloss on Ex. 20:7 expounds the precept, "Thou shalt not take the name of . . . thy God in vain," namely, by swearing to nothing. Hence this precept would seem to forbid useless swearing, that is to say, swearing without judgment. But false swearing, which is without truth, and unjust swearing, which is without justice, are much more grievous. Therefore this precept should rather have forbidden them.

Obj. 4: Further, blasphemy or any word or deed that is an insult to God is much more grievous than perjury. Therefore blasphemy and other like sins should rather have been forbidden by this precept.

Obj. 5: Further, God's names are many. Therefore it should not have been said indefinitely: "Thou shalt not take the name of . . . thy God in vain."

_On the contrary,_ stands the authority of Scripture.

_I answer that,_ In one who is being instructed in virtue it is necessary to remove obstacles to true religion before establishing him in true religion. Now a thing is opposed to true religion in two ways. First, by excess, when, to wit, that which belongs to religion is given to others than to whom it is due, and this pertains to superstition. Secondly, by lack, as it were, of reverence, when, to wit, God is contemned, and this pertains to the vice of irreligion, as stated above (Q. 97, in the preamble, and in the Article that follows). Now superstition hinders religion by preventing man from acknowledging God so as to worship Him: and when a man's mind is engrossed in some undue worship, he cannot at the same time give due worship to God, according to Isa. 28:20, "The bed is straitened, so that one must fall out," i.e. either the true God or a false god must fall out from man's heart, "and a short covering cannot cover both." On the other hand, irreligion hinders religion by preventing man from honoring God after he has acknowledged Him. Now one must first of all acknowledge God with a view to worship, before honoring Him we have acknowledged.

For this reason the precept forbidding superstition is placed before the second precept, which forbids perjury that pertains to irreligion.

Reply Obj. 1: These expositions are mystical. The literal explanation is that which is given Deut. 5:11: "Thou shalt not take the name of . . . thy God in vain," namely, "by swearing on that which is not [*Vulg.: 'for he shall not be unpunished that taketh His name upon a vain thing']."

Reply Obj. 2: This precept does not forbid all taking of the name of God, but properly the taking of God's name in confirmation of a man's word by way of an oath, because men are wont to take God's name more frequently in this way. Nevertheless we may understand that in consequence all inordinate taking of the Divine name is forbidden by this precept: and it is in this sense that we are to take the explanation quoted in the First Objection.

Reply Obj. 3: To swear to nothing means to swear to that which is not. This pertains to false swearing, which is chiefly called perjury, as stated above (Q. 98, A. 1, ad 3). For when a man swears to that which is false, his swearing is vain in itself, since it is not supported by the truth. On the other hand, when a man swears without judgment, through levity, if he swear to the truth, there is no vanity on the part of the oath itself, but only on the part of the swearer.

Reply Obj. 4: Just as when we instruct a man in some science, we begin by putting before him certain general maxims, even so the Law, which forms man to virtue by instructing him in the precepts of the decalogue, which are the first of all precepts, gave expression, by prohibition or by command, to those things which are of most common occurrence in the course of human life. Hence the precepts of the decalogue include the prohibition of perjury, which is of more frequent occurrence than blasphemy, since man does not fall so often into the latter sin.

Reply Obj. 5: Reverence is due to the Divine names on the part of the thing signified, which is one, and not on the part of the signifying words, which are many. Hence it is expressed in the singular: "Thou shalt not take the name of . . . thy God in vain": since it matters not in which of God's names perjury is committed. _______________________

FOURTH

[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. ________________________

[I-II, Q. 98, Art. 2]

Whether the Old Law Was from God?

Objection 1: It would seem that the Old Law was not from God. For it is written (Deut. 32:4): "The works of God are perfect." But the Law was imperfect, as stated above (A. 1). Therefore the Old Law was not from God.

Obj. 2: Further, it is written (Eccles. 3:14): "I have learned that all the works which God hath made continue for ever." But the Old Law does not continue for ever: since the Apostle says (Heb. 7:18): "There is indeed a setting aside of the former commandment, because of the weakness and unprofitableness thereof." Therefore the Old Law was not from God.

Obj. 3: Further, a wise lawgiver should remove, not only evil, but also the occasions of evil. But the Old Law was an occasion of sin, as stated above (A. 1, ad 2). Therefore the giving of such a law does not pertain to God, to Whom "none is like among the lawgivers" (Job 36:22).

Obj. 4: Further, it is written (1 Tim. 2:4) that God "will have all men to be saved." But the Old Law did not suffice to save man, as stated above (A. 1). Therefore the giving of such a law did not appertain to God. Therefore the Old Law was not from God.

_On the contrary,_ Our Lord said (Matt. 15:6) while speaking to the Jews, to whom the Law was given: "You have made void the commandment of God for your tradition." And shortly before (verse 4) He had said: "Honor thy father and mother," which is contained expressly in the Old Law (Ex. 20:12; Deut. 5:16). Therefore the Old Law was from God.

_I answer that,_ The Old Law was given by the good God, Who is the Father of Our Lord Jesus Christ. For the Old Law ordained men to Christ in two ways. First by bearing witness to Christ; wherefore He Himself says (Luke 24:44): "All things must needs be fulfilled, which are written in the law . . . and in the prophets, and in the psalms, concerning Me": and (John 5:46): "If you did believe Moses, you would perhaps believe Me also; for he wrote of Me." Secondly, as a kind of disposition, since by withdrawing men from idolatrous worship, it enclosed (_concludebat_) them in the worship of one God, by Whom the human race was to be saved through Christ. Wherefore the Apostle says (Gal. 3:23): "Before the faith came, we were kept under the law shut up (_conclusi_), unto that faith which was to be revealed." Now it is evident that the same thing it is, which gives a disposition to the end, and which brings to the end; and when I say "the same," I mean that it does so either by itself or through its subjects. For the devil would not make a law whereby men would be led to Christ, Who was to cast him out, according to Matt. 12:26: "If Satan cast out Satan, his kingdom is divided" [Vulg.: 'he is divided against himself']. Therefore the Old Law was given by the same God, from Whom came salvation to man, through the grace of Christ.

Reply Obj. 1: Nothing prevents a thing being not perfect simply, and yet perfect in respect of time: thus a boy is said to be perfect, not simply, but with regard to the condition of time. So, too, precepts that are given to children are perfect in comparison with the condition of those to whom they are given, although they are not perfect simply. Hence the Apostle says (Gal. 3:24): "The law was our pedagogue in Christ."

Reply Obj. 2: Those works of God endure for ever which God so made that they would endure for ever; and these are His perfect works. But the Old Law was set aside when there came the perfection of grace; not as though it were evil, but as being weak and useless for this time; because, as the Apostle goes on to say, "the law brought nothing to perfection": hence he says (Gal. 3:25): "After the faith is come, we are no longer under a pedagogue."

Reply Obj. 3: As stated above (Q. 79, A. 4), God sometimes permits certain ones to fall into sin, that they may thereby be humbled. So also did He wish to give such a law as men by their own forces could not fulfill, so that, while presuming on their own powers, they might find themselves to be sinners, and being humbled might have recourse to the help of grace.

Reply Obj. 4: Although the Old Law did not suffice to save man, yet another help from God besides the Law was available for man, viz. faith in the Mediator, by which the fathers of old were justified even as we were. Accordingly God did not fail man by giving him insufficient aids to salvation. ________________________

THIRD

[III, Q. 85, Art. 5]

Whether Penance Originates from Fear?

Objection 1: It would seem that penance does not originate from fear. For penance originates in displeasure at sin. But this belongs to charity, as stated above (A. 3). Therefore penance originates from love rather than fear.

Obj. 2: Further, men are induced to do penance, through the expectation of the heavenly kingdom, according to Matt. 3:2 and Matt. 4:17: "Do penance, for the kingdom of heaven is at hand." Now the kingdom of heaven is the object of hope. Therefore penance results from hope rather than from fear.

Obj. 3: Further, fear is an internal act of man. But penance does not seem to arise in us through any work of man, but through the operation of God, according to Jer. 31:19: "After Thou didst convert me I did penance." Therefore penance does not result from fear.

_On the contrary,_ It is written (Isa. 26:17): "As a woman with child, when she draweth near the time of her delivery, is in pain, and crieth out in her pangs, so ere we become," by penance, to wit; and according to another [*The Septuagint] version the text continues: "Through fear of Thee, O Lord, we have conceived, and been as it were in labor, and have brought forth the spirit of salvation," i.e. of salutary penance, as is clear from what precedes. Therefore penance results from fear.

_I answer that,_ We may speak of penance in two ways: first, as to the habit, and then it is infused by God immediately without our operating as principal agents, but not without our co-operating dispositively by certain acts. Secondly, we may speak of penance, with regard to the acts whereby in penance we co-operate with God operating, the first principle [*Cf. I-II, Q. 113] of which acts is the operation of God in turning the heart, according to Lam. 5:21: "Convert us, O Lord, to Thee, and we shall be converted"; the second, an act of faith; the third, a movement of servile fear, whereby a man is withdrawn from sin through fear of punishment; the fourth, a movement of hope, whereby a man makes a purpose of amendment, in the hope of obtaining pardon; the fifth, a movement of charity, whereby sin is displeasing to man for its own sake and no longer for the sake of the punishment; the sixth, a movement of filial fear whereby a man, of his own accord, offers to make amends to God through fear of Him.

Accordingly it is evident that the act of penance results from servile fear as from the first movement of the appetite in this direction and from filial fear as from its immediate and proper principle.

Reply Obj. 1: Sin begins to displease a man, especially a sinner, on account of the punishments which servile fear regards, before it displeases him on account of its being an offense against God, or on account of its wickedness, which pertains to charity.

Reply Obj. 2: When the kingdom of heaven is said to be at hand, we are to understand that the king is on his way, not only to reward but also to punish. Wherefore John the Baptist said (Matt. 3:7): "Ye brood of vipers, who hath showed you to flee from the wrath to come?"

Reply Obj. 3: Even the movement of fear proceeds from God's act in turning the heart; wherefore it is written (Deut. 5:29): "Who shall give them to have such a mind, to fear Me?" And so the fact that penance results from fear does not hinder its resulting from the act of God in turning the heart. _______________________

SIXTH