Summa Theologica

Whether God Is the Cause of Spiritual Blindness and Hardness of Heart? Objection 1: It would seem that God is not the cause of spiritual blindness and hardness of heart. For Augustine says (Qq. lxxxiii, qu. 3) that God is not the cause of that which makes man worse. Now man is made worse by spiritual blindness and hardness of heart. Therefore God is not the cause of spiritual blindness and hardness of heart. Obj. 2: Further, Fulgentius says (De Dupl. Praedest. i, 19): "God does not punish what He causes." Now God punishes the hardened heart, according to Ecclus. 3:27: "A hard heart shall fear evil at the last." Therefore God is not the cause of hardness of heart. Obj. 3: Further, the same effect is not put down to contrary causes. But the cause of spiritual blindness is said to be the malice of man, according to Wis. 2:21: "For their own malice blinded them," and again, according to 2 Cor. 4:4: "The god of this world hath blinded the minds of unbelievers": which causes seem to be opposed to God. Therefore God is not the cause of spiritual blindness and hardness of heart. _On the contrary,_ It is written (Isa. 6:10): "Blind the heart of this people, and make their ears heavy," and Rom. 9:18: "He hath mercy on whom He will, and whom He will He hardeneth." _I answer that,_ Spiritual blindness and hardness of heart imply two things. One is the movement of the human mind in cleaving to evil, and turning away from the Divine light; and as regards this, God is not the cause of spiritual blindness and hardness of heart, just as He is not the cause of sin. The other thing is the withdrawal of grace, the result of which is that the mind is not enlightened by God to see aright, and man's heart is not softened to live aright; and as regards this God is the cause of spiritual blindness and hardness of heart. Now we must consider that God is the universal cause of the enlightening of souls, according to John 1:9: "That was the true light which enlighteneth every man that cometh into this world," even as the sun is the universal cause of the enlightening of bodies, though not in the same way; for the sun enlightens by necessity of nature, whereas God works freely, through the order of His wisdom. Now although the sun, so far as it is concerned, enlightens all bodies, yet if it be encountered by an obstacle in a body, it leaves it in darkness, as happens to a house whose window-shutters are closed, although the sun is in no way the cause of the house being darkened, since it does not act of its own accord in failing to light up the interior of the house; and the cause of this is the person who closed the shutters. On the other hand, God, of His own accord, withholds His grace from those in whom He finds an obstacle: so that the cause of grace being withheld is not only the man who raises an obstacle to grace; but God, Who, of His own accord, withholds His grace. In this way, God is the cause of spiritual blindness, deafness of ear, and hardness of heart. These differ from one another in respect of the effects of grace, which both perfects the intellect by the gift of wisdom, and softens the affections by the fire of charity. And since two of the senses excel in rendering service to the intellect, viz. sight and hearing, of which the former assists "discovery," and the latter, "teaching," hence it is that spiritual "blindness" corresponds to sight, "heaviness of the ears" to hearing, and "hardness of heart" to the affections. Reply Obj. 1: Blindness and hardheartedness, as regards the withholding of grace, are punishments, and therefore, in this respect, they make man no worse. It is because he is already worsened by sin that he incurs them, even as other punishments. Reply Obj. 2: This argument considers hardheartedness in so far as it is a sin. Reply Obj. 3: Malice is the demeritorious cause of blindness, just as sin is the cause of punishment: and in this way too, the devil is said to blind, in so far as he induces man to sin. ________________________

Whether Blindness and Hardness of Heart Are Directed to the Salvation of Those Who Are Blinded and Hardened? Objection 1: It would seem that blindness and hardness of heart are always directed to the salvation of those who are blinded and hardened. For Augustine says (Enchiridion xi) that "as God is supremely good, He would nowise allow evil to be done, unless He could draw some good from every evil." Much more, therefore, does He direct to some good, the evil of which He Himself is the cause. Now God is the cause of blindness and hardness of heart, as stated above (A. 3). Therefore they are directed to the salvation of those who are blinded and hardened. Obj. 2: Further, it is written (Wis. 1:13) that "God hath no pleasure in the destruction of the ungodly [*Vulg.: 'God made not death, neither hath He pleasure in the destruction of the living.']." Now He would seem to take pleasure in their destruction, if He did not turn their blindness to their profit: just as a physician would seem to take pleasure in torturing the invalid, if he did not intend to heal the invalid when he prescribes a bitter medicine for him. Therefore God turns blindness to the profit of those who are blinded. Obj. 3: Further, "God is not a respecter of persons" (Acts 10:34). Now He directs the blinding of some, to their salvation, as in the case of some of the Jews, who were blinded so as not to believe in Christ, and, through not believing, to slay Him, and afterwards were seized with compunction, and converted, as related by Augustine (De Quaest. Evang. iii). Therefore God turns all blindness to the spiritual welfare of those who are blinded. Obj. 4: On the other hand, according to Rom. 3:8, evil should not be done, that good may ensue. Now blindness is an evil. Therefore God does not blind some for the sake of their welfare. _I answer that,_ Blindness is a kind of preamble to sin. Now sin has a twofold relation--to one thing directly, viz. to the sinner's damnation--to another, by reason of God's mercy or providence, viz. that the sinner may be healed, in so far as God permits some to fall into sin, that by acknowledging their sin, they may be humbled and converted, as Augustine states (De Nat. et Grat. xxii). Therefore blindness, of its very nature, is directed to the damnation of those who are blinded; for which reason it is accounted an effect of reprobation. But, through God's mercy, temporary blindness is directed medicinally to the spiritual welfare of those who are blinded. This mercy, however, is not vouchsafed to all those who are blinded, but only to the predestinated, to whom "all things work together unto good" (Rom. 8:28). Therefore as regards some, blindness is directed to their healing; but as regards others, to their damnation; as Augustine says (De Quaest. Evang. iii). Reply Obj. 1: Every evil that God does, or permits to be done, is directed to some good; yet not always to the good of those in whom the evil is, but sometimes to the good of others, or of the whole universe: thus He directs the sin of tyrants to the good of the martyrs, and the punishment of the lost to the glory of His justice. Reply Obj. 2: God does not take pleasure in the loss of man, as regards the loss itself, but by reason of His justice, or of the good that ensues from the loss. Reply Obj. 3: That God directs the blindness of some to their spiritual welfare, is due to His mercy; but that the blindness of others is directed to their loss is due to His justice: and that He vouchsafes His mercy to some, and not to all, does not make God a respecter of persons, as explained in the First Part (Q. 23, A. 5, ad 3). Reply Obj. 4: Evil of fault must not be done, that good may ensue; but evil of punishment must be inflicted for the sake of good. ________________________ QUESTION 80 OF THE CAUSE OF SIN, AS REGARDS THE DEVIL (In Four Articles) We must now consider the cause of sin, as regards the devil; and under this head there are four points of inquiry: (1) Whether the devil is directly the cause of sin? (2) Whether the devil induces us to sin, by persuading us inwardly? (3) Whether he can make us sin of necessity? (4) Whether all sins are due to the devil's suggestion? ________________________

Whether the Devil Is Directly the Cause of Man's Sinning? Objection 1: It would seem that the devil is directly the cause of man's sinning. For sin consists directly in an act of the appetite. Now Augustine says (De Trin. iv, 12) that "the devil inspires his friends with evil desires"; and Bede, commenting on Acts 5:3, says that the devil "draws the mind to evil desires"; and Isidore says (De Summo Bono ii, 41; iii, 5) that the devil "fills men's hearts with secret lusts." Therefore the devil is directly the cause of sin. Obj. 2: Further, Jerome says (Contra Jovin. ii, 2) that "as God is the perfecter of good, so is the devil the perfecter of evil." But God is directly the cause of our good. Therefore the devil is directly the cause of our sins. Obj. 3: Further, the Philosopher says in a chapter of the _Eudeme[a]n Ethics_ (vii, 18): "There must needs be some extrinsic principle of human counsel." Now human counsel is not only about good things but also about evil things. Therefore, as God moves man to take good counsel, and so is the cause of good, so the devil moves him to take evil counsel, and consequently is directly the cause of sin. _On the contrary,_ Augustine proves (De Lib. Arb. i, 11) that "nothing else than his own will makes man's mind the slave of his desire." Now man does not become a slave to his desires, except through sin. Therefore the cause of sin cannot be the devil, but man's own will alone. _I answer that,_ Sin is an action: so that a thing can be directly the cause of sin, in the same way as anyone is directly the cause of an action; and this can only happen by moving that action's proper principle to act. Now the proper principle of a sinful action is the will, since every sin is voluntary. Consequently nothing can be directly the cause of sin, except that which can move the will to act. Now the will, as stated above (Q. 9, AA. 3, 4, 6), can be moved by two things: first by its object, inasmuch as the apprehended appetible is said to move the appetite: secondly by that agent which moves the will inwardly to will, and this is no other than the will itself, or God, as was shown above (Q. 9, AA. 3, 4, 6). Now God cannot be the cause of sin, as stated above (Q. 79, A. 1). Therefore it follows that in this respect, a man's will alone is directly the cause of his sin. As regards the object, a thing may be understood as moving the will in three ways. First, the object itself which is proposed to the will: thus we say that food arouses man's desire to eat. Secondly, he that proposes or offers this object. Thirdly, he that persuades the will that the object proposed has an aspect of good, because he also, in a fashion, offers the will its proper object, which is a real or apparent good of reason. Accordingly, in the first way the sensible things, which approach from without, move a man's will to sin. In the second and third ways, either the devil or a man may incite to sin, either by offering an object of appetite to the senses, or by persuading the reason. But in none of these three ways can anything be the direct cause of sin, because the will is not, of necessity, moved by any object except the last end, as stated above (Q. 10, AA. 1, 2). Consequently neither the thing offered from without, nor he that proposes it, nor he that persuades, is the sufficient cause of sin. Therefore it follows that the devil is a cause of sin, neither directly nor sufficiently, but only by persuasion, or by proposing the object of appetite. Reply Obj. 1: All these, and other like authorities, if we meet with them, are to be understood as denoting that the devil induces man to affection for a sin, either by suggesting to him, or by offering him objects of appetite. Reply Obj. 2: This comparison is true in so far as the devil is somewhat the cause of our sins, even as God is in a certain way the cause of our good actions, but does not extend to the mode of causation: for God causes good things in us by moving the will inwardly, whereas the devil cannot move us in this way. Reply Obj. 3: God is the universal principle of all inward movements of man; but that the human will be determined to an evil counsel, is directly due to the human will, and to the devil as persuading or offering the object of appetite. ________________________

Whether the Devil Can Induce Man to Sin, by Internal Instigations? Objection 1: It would seem that the devil cannot induce man to sin, by internal instigations. Because the internal movements of the soul are vital functions. Now no vital functions can be exercised except by an intrinsic principle, not even those of the vegetal soul, which are the lowest of vital functions. Therefore the devil cannot instigate man to evil through his internal movements. Obj. 2: Further, all the internal movements arise from the external senses according to the order of nature. Now it belongs to God alone to do anything beside the order of nature, as was stated in the First Part (Q. 110, A. 4). Therefore the devil cannot effect anything in man's internal movements, except in respect of things which are perceived by the external senses. Obj. 3: Further, the internal acts of the soul are to understand and to imagine. Now the devil can do nothing in connection with either of these, because, as stated in the First Part (Q. 111, AA. 2, 3, ad 2), the devil cannot impress species on the human intellect, nor does it seem possible for him to produce imaginary species, since imaginary forms, being more spiritual, are more excellent than those which are in sensible matter, which, nevertheless, the devil is unable to produce, as is clear from what we have said in the First Part (Q. 110, A. 2; Q. 111, AA. 2, 3, ad 2). Therefore the devil cannot through man's internal movements induce him to sin. _On the contrary,_ In that case, the devil would never tempt man, unless he appeared visibly; which is evidently false. _I answer that,_ The interior part of the soul is intellective and sensitive; and the intellective part contains the intellect and the will. As regards the will, we have already stated (A. 1; I, Q. 111, A. 1) what is the devil's relation thereto. Now the intellect, of its very nature, is moved by that which enlightens it in the knowledge of truth, which the devil has no intention of doing in man's regard; rather does he darken man's reason so that it may consent to sin, which darkness is due to the imagination and sensitive appetite. Consequently the operation of the devil seems to be confined to the imagination and sensitive appetite, by moving either of which he can induce man to sin. For his operation may result in presenting certain forms to the imagination; and he is able to incite the sensitive appetite to some passion or other. The reason of this is, that as stated in the First Part (Q. 110, A. 3), the corporeal nature has a natural aptitude to be moved locally by the spiritual nature: so that the devil can produce all those effects which can result from the local movement of bodies here below, except he be restrained by the Divine power. Now the representation of forms to the imagination is due, sometimes, to local movement: for the Philosopher says (De Somno et Vigil.) [*De Insomn. iii, iv.] that "when an animal sleeps, the blood descends in abundance to the sensitive principle, and the movements descend with it, viz. the impressions left by the action of sensible objects, which impressions are preserved by means of sensible species, and continue to move the apprehensive principle, so that they appear just as though the sensitive principles were being affected by them at the time." Hence such a local movement of the vital spirits or humors can be procured by the demons, whether man sleep or wake: and so it happens that man's imagination is brought into play. In like manner, the sensitive appetite is incited to certain passions according to certain fixed movements of the heart and the vital spirits: wherefore the devil can cooperate in this also. And through certain passions being aroused in the sensitive appetite, the result is that man more easily perceives the movement or sensible image which is brought in the manner explained, before the apprehensive principle, since, as the Philosopher observes (De Somno et Virgil.: De Insomn. iii, iv), "lovers are moved, by even a slight likeness, to an apprehension of the beloved." It also happens, through the rousing of a passion, that what is put before the imagination, is judged, as being something to be pursued, because, to him who is held by a passion, whatever the passion inclines him to, seems good. In this way the devil induces man inwardly to sin. Reply Obj. 1: Although vital functions are always from an intrinsic principle, yet an extrinsic agent can cooperate with them, even as external heat cooperates with the functions of the vegetal soul, that food may be more easily digested. Reply Obj. 2: This apparition of imaginary forms is not altogether outside the order of nature, nor is it due to a command alone, but according to local movement, as explained above. Consequently the Reply to the Third Objection is clear, because these forms are received originally from the senses. ________________________ THIRD ARTICLE [I-II, Q, 80, Art. 3] Whether the Devil Can Induce Man to Sin of Necessity? Objection 1: It would seem that the devil can induce man to sin of necessity. Because the greater can compel the lesser. Now it is said of the devil (Job 41:24) that "there is no power on earth that can compare with him." Therefore he can compel man to sin, while he dwells on the earth. Obj. 2: Further, man's reason cannot be moved except in respect of things that are offered outwardly to the senses, or are represented to the imagination: because "all our knowledge arises from the senses, and we cannot understand without a phantasm" (De Anima iii, text. 30. 39). Now the devil can move man's imagination, as stated above (A. 2); and also the external senses, for Augustine says (Qq. lxxxiii, qu. 12) that "this evil," of which, to wit, the devil is the cause, "extends gradually through all the approaches to the senses, it adapts itself to shapes, blends with colors, mingles with sounds, seasons every flavor." Therefore it can incline man's reason to sin of necessity. Obj. 3: Further, Augustine says (De Civ. Dei xix, 4) that "there is some sin when the flesh lusteth against the spirit." Now the devil can cause concupiscence of the flesh, even as other passions, in the way explained above (A. 2). Therefore he can induce man to sin of necessity. _On the contrary,_ It is written (1 Pet. 5:8): "Your adversary the devil, as a roaring lion, goeth about seeking whom he may devour." Now it would be useless to admonish thus, if it were true that man were under the necessity of succumbing to the devil. Therefore he cannot induce man to sin of necessity. Further, it is likewise written (Jam. 4:7): "Be subject . . . to God, but resist the devil, and he will fly from you," which would be said neither rightly nor truly, if the devil were able to compel us, in any way whatever, to sin; for then neither would it be possible to resist him, nor would he fly from those who do. Therefore he does not compel to sin. _I answer that,_ The devil, by his own power, unless he be restrained by God, can compel anyone to do an act which, in its genus, is a sin; but he cannot bring about the necessity of sinning. This is evident from the fact that man does not resist that which moves him to sin, except by his reason; the use of which the devil is able to impede altogether, by moving the imagination and the sensitive appetite; as is the case with one who is possessed. But then, the reason being thus fettered, whatever man may do, it is not imputed to him as a sin. If, however, the reason is not altogether fettered, then, in so far as it is free, it can resist sin, as stated above (Q. 77, A. 7). It is consequently evident that the devil can nowise compel man to sin. Reply Obj. 1: Not every power that is greater than man, can move man's will; God alone can do this, as stated above (Q. 9, A. 6). Reply Obj. 2: That which is apprehended by the senses or the imagination does not move the will, of necessity, so long as man has the use of reason; nor does such an apprehension always fetter the reason. Reply Obj. 3: The lusting of the flesh against the spirit, when the reason actually resists it, is not a sin, but is matter for the exercise of virtue. That reason does not resist, is not in the devil's power; wherefore he cannot bring about the necessity of sinning. ________________________

Whether All the Sins of Men Are Due to the Devil's Suggestion? Objection 1: It would seem that all the sins of men are due to the devil's suggestion. For Dionysius says (Div. Nom. iv) that the "crowd of demons are the cause of all evils, both to themselves and to others." Obj. 2: Further, whoever sins mortally, becomes the slave of the devil, according to John 8:34: "Whosoever committeth sin is the slave [Douay: 'servant'] of sin." Now "by whom a man is overcome, of the same also he is the slave" (2 Pet. 2:19). Therefore whoever commits a sin, has been overcome by the devil. Obj. 3: Further, Gregory says (Moral. iv, 10) the sin of the devil is irreparable, because he sinned at no other's suggestion. Therefore, if any men were to sin of their own free-will and without suggestion from any other, their sin would be irremediable: which is clearly false. Therefore all the sins of men are due to the devil's suggestion. _On the contrary,_ It is written (De Eccl. Dogm. lxxxii): "Not all our evil thoughts are incited by the devil; sometimes they are due to a movement of the free-will." _I answer that,_ the devil is the occasional and indirect cause of all our sins, in so far as he induced the first man to sin, by reason of whose sin human nature is so infected, that we are all prone to sin: even as the burning of wood might be imputed to the man who dried the wood so as to make it easily inflammable. He is not, however, the direct cause of all the sins of men, as though each were the result of his suggestion. Origen proves this (Peri Archon iii, 2) from the fact that even if the devil were no more, men would still have the desire for food, sexual pleasures and the like; which desire might be inordinate, unless it were subordinate to reason, a matter that is subject to the free-will. Reply Obj. 1: The crowd of demons are the cause of all our evils, as regards their original cause, as stated. Reply Obj. 2: A man becomes another's slave not only by being overcome by him, but also by subjecting himself to him spontaneously: it is thus that one who sins of his own accord, becomes the slave of the devil. Reply Obj. 3: The devil's sin was irremediable, not only because he sinned without another's suggestion; but also because he was not already prone to sin, on account of any previous sin; which can be said of no sin of man. ________________________ QUESTION 81 OF THE CAUSE OF SIN, ON THE PART OF MAN (In Five Articles) We must now consider the cause of sin, on the part of man. Now, while man, like the devil, is the cause of another's sin, by outward suggestion, he has a certain special manner of causing sin, by way of origin. Wherefore we must speak about original sin, the consideration of which will be three-fold: (1) Of its transmission; (2) of its essence; (3) of its subject. Under the first head there are five points of inquiry: (1) Whether man's first sin is transmitted, by way of origin to his descendants? (2) Whether all the other sins of our first parent, or of any other parents, are transmitted to their descendants, by way of origin? (3) Whether original sin is contracted by all those who are begotten of Adam by way of seminal generation? (4) Whether it would be contracted by anyone formed miraculously from some part of the human body? (5) Whether original sin would have been contracted if the woman, and not the man, had sinned? ________________________

Whether the First Sin of Our First Parent Is Contracted by His Descendants, by Way of Origin? Objection 1: It would seem that the first sin of our first parent is not contracted by others, by way of origin. For it is written (Ezech. 18:20): "The son shall not bear the iniquity of the father." But he would bear the iniquity if he contracted it from him. Therefore no one contracts any sin from one of his parents by way of origin. Obj. 2: Further, an accident is not transmitted by way of origin, unless its subject be also transmitted, since accidents do not pass from one subject to another. Now the rational soul which is the subject of sin, is not transmitted by way of origin, as was shown in the First Part (Q. 118, A. 2). Therefore neither can any sin be transmitted by way of origin. Obj. 3: Further, whatever is transmitted by way of human origin, is caused by the semen. But the semen cannot cause sin, because it lacks the rational part of the soul, which alone can be a cause of sin. Therefore no sin can be contracted by way of origin. Obj. 4: Further, that which is more perfect in nature, is more powerful in action. Now perfect flesh cannot infect the soul united to it, else the soul could not be cleansed of original sin, so long as it is united to the body. Much less, therefore, can the semen infect the soul. Obj. 5: Further, the Philosopher says (Ethic. iii, 5): "No one finds fault with those who are ugly by nature, but only those who are so through want of exercise and through carelessness." Now those are said to be "naturally ugly," who are so from their origin. Therefore nothing which comes by way of origin is blameworthy or sinful. _On the contrary,_ The Apostle says (Rom. 5:12): "By one man sin entered into this world, and by sin death." Nor can this be understood as denoting imitation or suggestion, since it is written (Wis. 2:24): "By the envy of the devil, death came into this world." It follows therefore that through origin from the first man sin entered into the world. _I answer that,_ According to the Catholic Faith we are bound to hold that the first sin of the first man is transmitted to his descendants, by way of origin. For this reason children are taken to be baptized soon after their birth, to show that they have to be washed from some uncleanness. The contrary is part of the Pelagian heresy, as is clear from Augustine in many of his books [*For instance, Retract. i, 9; De Pecc. Merit. et Remiss. ix; Contra Julian. iii, 1; De Dono Persev. xi, xii.] In endeavoring to explain how the sin of our first parent could be transmitted by way of origin to his descendants, various writers have gone about it in various ways. For some, considering that the subject of sin is the rational soul, maintained that the rational soul is transmitted with the semen, so that thus an infected soul would seem to produce other infected souls. Others, rejecting this as erroneous, endeavored to show how the guilt of the parent's soul can be transmitted to the children, even though the soul be not transmitted, from the fact that defects of the body are transmitted from parent to child--thus a leper may beget a leper, or a gouty man may be the father of a gouty son, on account of some seminal corruption, although this corruption is not leprosy or gout. Now since the body is proportionate to the soul, and since the soul's defects redound into the body, and vice versa, in like manner, say they, a culpable defect of the soul is passed on to the child, through the transmission of the semen, albeit the semen itself is not the subject of the guilt. But all these explanations are insufficient. Because, granted that some bodily defects are transmitted by way of origin from parent to child, and granted that even some defects of the soul are transmitted in consequence, on account of a defect in the bodily habit, as in the case of idiots begetting idiots; nevertheless the fact of having a defect by the way of origin seems to exclude the notion of guilt, which is essentially something voluntary. Wherefore granted that the rational soul were transmitted, from the very fact that the stain on the child's soul is not in its will, it would cease to be a guilty stain binding its subject to punishment; for, as the Philosopher says (Ethic. iii, 5), "no one reproaches a man born blind; one rather takes pity on him." Therefore we must explain the matter otherwise by saying that all men born of Adam may be considered as one man, inasmuch as they have one common nature, which they receive from their first parents; even as in civil matters, all who are members of one community are reputed as one body, and the whole community as one man. Indeed Porphyry says (Praedic., De Specie) that "by sharing the same species, many men are one man." Accordingly the multitude of men born of Adam, are as so many members of one body. Now the action of one member of the body, of the hand for instance, is voluntary not by the will of that hand, but by the will of the soul, the first mover of the members. Wherefore a murder which the hand commits would not be imputed as a sin to the hand, considered by itself as apart from the body, but is imputed to it as something belonging to man and moved by man's first moving principle. In this way, then, the disorder which is in this man born of Adam, is voluntary, not by his will, but by the will of his first parent, who, by the movement of generation, moves all who originate from him, even as the soul's will moves all the members to their actions. Hence the sin which is thus transmitted by the first parent to his descendants is called "original," just as the sin which flows from the soul into the bodily members is called "actual." And just as the actual sin that is committed by a member of the body, is not the sin of that member, except inasmuch as that member is a part of the man, for which reason it is called a "human sin"; so original sin is not the sin of this person, except inasmuch as this person receives his nature from his first parent, for which reason it is called the "sin of nature," according to Eph. 2:3: "We . . . were by nature children of wrath." Reply Obj. 1: The son is said not to bear the iniquity of his father, because he is not punished for his father's sin, unless he share in his guilt. It is thus in the case before us: because guilt is transmitted by the way of origin from father to son, even as actual sin is transmitted through being imitated. Reply Obj. 2: Although the soul is not transmitted, because the power in the semen is not able to cause the rational soul, nevertheless the motion of the semen is a disposition to the transmission of the rational soul: so that the semen by its own power transmits the human nature from parent to child, and with that nature, the stain which infects it: for he that is born is associated with his first parent in his guilt, through the fact that he inherits his nature from him by a kind of movement which is that of generation. Reply Obj. 3: Although the guilt is not actually in the semen, yet human nature is there virtually accompanied by that guilt. Reply Obj. 4: The semen is the principle of generation, which is an act proper to nature, by helping it to propagate itself. Hence the soul is more infected by the semen, than by the flesh which is already perfect, and already affixed to a certain person. Reply Obj. 5: A man is not blamed for that which he has from his origin, if we consider the man born, in himself. But it we consider him as referred to a principle, then he may be reproached for it: thus a man may from his birth be under a family disgrace, on account of a crime committed by one of his forbears. ________________________

Whether Also Other Sins of the First Parent or of Nearer Ancestors Are Transmitted to Their Descendants? Objection 1: It would seem that also other sins, whether of the first parent or of nearer ancestors, are transmitted to their descendants. For punishment is never due unless for fault. Now some are punished by the judgment of God for the sin of their immediate parents, according to Ex. 20:5: "I am . . . God . . . jealous, visiting the iniquity of the fathers upon the children, unto the third and fourth generation." Furthermore, according to human law, the children of those who are guilty of high treason are disinherited. Therefore the guilt of nearer ancestors is also transmitted to their descendants. Obj. 2: Further, a man can better transmit to another, that which he has of himself, than that which he has received from another: thus fire heats better than hot water does. Now a man transmits to his children, by the way, of origin, the sin which he has from Adam. Much more therefore should he transmit the sin which he has contracted of himself. Obj. 3: Further, the reason why we contract original sin from our first parent is because we were in him as in the principle of our nature, which he corrupted. But we were likewise in our nearer ancestors, as in principles of our nature, which however it be corrupt, can be corrupted yet more by sin, according to Apoc. 22:11: "He that is filthy, let him be filthier still." Therefore children contract, by the way of origin, the sins of their nearer ancestors, even as they contract the sin of their first parent. _On the contrary,_ Good is more self-diffusive than evil. But the merits of the nearer ancestors are not transmitted to their descendants. Much less therefore are their sins. _I answer that,_ Augustine puts this question in the _Enchiridion_ xlvi, xlvii, and leaves it unsolved. Yet if we look into the matter carefully we shall see that it is impossible for the sins of the nearer ancestors, or even any other but the first sin of our first parent to be transmitted by way of origin. The reason is that a man begets his like in species but not in individual. Consequently those things that pertain directly to the individual, such as personal actions and matters affecting them, are not transmitted by parents to their children: for a grammarian does not transmit to his son the knowledge of grammar that he has acquired by his own studies. On the other hand, those things that concern the nature of the species, are transmitted by parents to their children, unless there be a defect of nature: thus a man with eyes begets a son having eyes, unless nature fails. And if nature be strong, even certain accidents of the individual pertaining to natural disposition, are transmitted to the children, e.g. fleetness of body, acuteness of intellect, and so forth; but nowise those that are purely personal, as stated above. Now just as something may belong to the person as such, and also something through the gift of grace, so may something belong to the nature as such, viz. whatever is caused by the principles of nature, and something too through the gift of grace. In this way original justice, as stated in the First Part (Q. 100, A. 1), was a gift of grace, conferred by God on all human nature in our first parent. This gift the first man lost by his first sin. Wherefore as that original justice together with the nature was to have been transmitted to his posterity, so also was its disorder. Other actual sins, however, whether of the first parent or of others, do not corrupt the nature as nature, but only as the nature of that person, i.e. in respect of the proneness to sin: and consequently other sins are not transmitted. Reply Obj. 1: According to Augustine in his letter to Avitus [*Ep. ad Auxilium ccl.], children are never inflicted with spiritual punishment on account of their parents, unless they share in their guilt, either in their origin, or by imitation, because every soul is God's immediate property, as stated in Ezech. 18:4. Sometimes, however, by Divine or human judgment, children receive bodily punishment on their parents' account, inasmuch as the child, as to its body, is part of its father. Reply Obj. 2: A man can more easily transmit that which he has of himself, provided it be transmissible. But the actual sins of our nearer ancestors are not transmissible, because they are purely personal, as stated above. Reply Obj. 3: The first sin infects nature with a human corruption pertaining to nature; whereas other sins infect it with a corruption pertaining only to the person. ________________________

Whether the Sin of the First Parent Is Transmitted, by the Way of Origin, to All Men? Objection 1: It would seem that the sin of the first parent is not transmitted, by the way of origin, to all men. Because death is a punishment consequent upon original sin. But not all those, who are born of the seed of Adam, will die: since those who will be still living at the coming of our Lord, will never die, as, seemingly, may be gathered from 1 Thess. 4:14: "We who are alive . . . unto the coming of the Lord, shall not prevent them who have slept." Therefore they do not contract original sin. Obj. 2: Further, no one gives another what he has not himself. Now a man who has been baptized has not original sin. Therefore he does not transmit it to his children. Obj. 3: Further, the gift of Christ is greater than the sin of Adam, as the Apostle declares (Rom. 5:15, seqq). But the gift of Christ is not transmitted to all men: neither, therefore, is the sin of Adam. _On the contrary,_ The Apostle says (Rom. 5:12): "Death passed upon all men in whom all have sinned." _I answer that,_ According to the Catholic Faith we must firmly believe that, Christ alone excepted, all men descended from Adam contract original sin from him; else all would not need redemption [*Cf. Translator's note inserted before III, Q. 27] which is through Christ; and this is erroneous. The reason for this may be gathered from what has been stated (A. 1), viz. that original sin, in virtue of the sin of our first parent, is transmitted to his posterity, just as, from the soul's will, actual sin is transmitted to the members of the body, through their being moved by the will. Now it is evident that actual sin can be transmitted to all such members as have an inborn aptitude to be moved by the will. Therefore original sin is transmitted to all those who are moved by Adam by the movement of generation. Reply Obj. 1: It is held with greater probability and more commonly that all those that are alive at the coming of our Lord, will die, and rise again shortly, as we shall state more fully in the Third Part (Suppl., Q. 78, A. 1, Obj. 1). If, however, it be true, as others hold, that they will never die, (an opinion which Jerome mentions among others in a letter to Minerius, on the Resurrection of the Body--Ep. cxix), then we must say in reply to the objection, that although they are not to die, the debt of death is none the less in them, and that the punishment of death will be remitted by God, since He can also forgive the punishment due for actual sins. Reply Obj. 1: Original sin is taken away by Baptism as to the guilt, in so far as the soul recovers grace as regards the mind. Nevertheless original sin remains in its effect as regards the _fomes,_ which is the disorder of the lower parts of the soul and of the body itself, in respect of which, and not of the mind, man exercises his power of generation. Consequently those who are baptized transmit original sin: since they do not beget as being renewed in Baptism, but as still retaining something of the oldness of the first sin. Reply Obj. 3: Just as Adam's sin is transmitted to all who are born of Adam corporally, so is the grace of Christ transmitted to all that are begotten of Him spiritually, by faith and Baptism: and this, not only unto the removal of sin of their first parent, but also unto the removal of actual sins, and the obtaining of glory. ________________________

Whether Original Sin Would Be Contracted by a Person Formed Miraculously from Human Flesh? Objection 1: It would seem that original sin would be contracted by a person formed miraculously from human flesh. For a gloss on Gen. 4:1 says that "Adam's entire posterity was corrupted in his loins, because they were not severed from him in the place of life, before he sinned, but in the place of exile after he had sinned." But if a man were to be formed in the aforesaid manner, his flesh would be severed in the place of exile. Therefore it would contract original sin. Obj. 2: Further, original sin is caused in us by the soul being infected through the flesh. But man's flesh is entirely corrupted. Therefore a man's soul would contract the infection of original sin, from whatever part of the flesh it was formed. Obj. 3: Further, original sin comes upon all from our first parent, in so far as we were all in him when he sinned. But those who might be formed out of human flesh, would have been in Adam. Therefore they would contract original sin. _On the contrary,_ They would not have been in Adam _according to seminal virtue,_ which alone is the cause of the transmission of original sin, as Augustine states (Gen. ad lit. x, 18, seqq.). _I answer that,_ As stated above (AA. 1, 3), original sin is transmitted from the first parent to his posterity, inasmuch as they are moved by him through generation, even as the members are moved by the soul to actual sin. Now there is no movement to generation except by the active power of generation: so that those alone contract original sin, who are descended from Adam through the active power of generation originally derived from Adam, i.e. who are descended from him through seminal power; for the seminal power is nothing else than the active power of generation. But if anyone were to be formed by God out of human flesh, it is evident that the active power would not be derived from Adam. Consequently he would not contract original sin: even as a hand would have no part in a human sin, if it were moved, not by the man's will, but by some external power. Reply Obj. 1: Adam was not in the place of exile until after his sin. Consequently it is not on account of the place of exile, but on account of the sin, that original sin is transmitted to those to whom his active generation extends. Reply Obj. 2: The flesh does not corrupt the soul, except in so far as it is the active principle in generation, as we have stated. Reply Obj. 3: If a man were to be formed from human flesh, he would have been in Adam, "by way of bodily substance" [*The expression is St. Augustine's (Gen. ad lit. x). Cf. Summa Theologica, III, Q. 31, A. 6, Reply to First Objection.], but not according to seminal virtue, as stated above. Therefore he would not contract original sin. ________________________

Whether If Eve, and Not Adam, Had Sinned, Their Children Would Have Contracted Original Sin? Objection 1: It would seem that if Eve, and not Adam, had sinned, their children would have contracted original sin. Because we contract original sin from our parents, in so far as we were once in them, according to the word of the Apostle (Rom. 5:12): "In whom all have sinned." Now a man pre-exists in his mother as well as in his father. Therefore a man would have contracted original sin from his mother's sin as well as from his father's. Obj. 2: Further, if Eve, and not Adam, had sinned, their children would have been born liable to suffering and death, since it is "the mother" that "provides the matter in generation" as the Philosopher states (De Gener. Animal. ii, 1, 4), when death and liability to suffering are the necessary results of matter. Now liability to suffering and the necessity of dying are punishments of original sin. Therefore if Eve, and not Adam, had sinned, their children would contract original sin. Obj. 3: Further, Damascene says (De Fide Orth. iii, 3) that "the Holy Ghost came upon the Virgin," (of whom Christ was to be born without original sin) "purifying her." But this purification would not have been necessary, if the infection of original sin were not contracted from the mother. Therefore the infection of original sin is contracted from the mother: so that if Eve had sinned, her children would have contracted original sin, even if Adam had not sinned. _On the contrary,_ The Apostle says (Rom. 5:12): "By one man sin entered into this world." Now if the woman would have transmitted original sin to her children, he should have said that it entered by two, since both of them sinned, or rather that it entered by a woman, since she sinned first. Therefore original sin is transmitted to the children, not by the mother, but by the father. _I answer that,_ The solution of this question is made clear by what has been said. For it has been stated (A. 1) that original sin is transmitted by the first parent in so far as he is the mover in the begetting of his children: wherefore it has been said (A. 4) that if anyone were begotten materially only, of human flesh, they would not contract original sin. Now it is evident that in the opinion of philosophers, the active principle of generation is from the father, while the mother provides the matter. Therefore original sin is contracted, not from the mother, but from the father: so that, accordingly, if Eve, and not Adam, had sinned, their children would not contract original sin: whereas, if Adam, and not Eve, had sinned, they would contract it. Reply Obj. 1: The child pre-exists in its father as in its active principle, and in its mother, as in its material and passive principle. Consequently the comparison fails. Reply Obj. 2: Some hold that if Eve, and not Adam, had sinned, their children would be immune from the sin, but would have been subject to the necessity of dying and to other forms of suffering that are a necessary result of the matter which is provided by the mother, not as punishments, but as actual defects. This, however, seems unreasonable. Because, as stated in the First Part (Q. 97, AA. 1, 2, ad 4), immortality and impassibility, in the original state, were a result, not of the condition of matter, but of original justice, whereby the body was subjected to the soul, so long as the soul remained subject to God. Now privation of original justice is original sin. If, therefore, supposing Adam had not sinned, original sin would not have been transmitted to posterity on account of Eve's sin; it is evident that the children would not have been deprived of original justice: and consequently they would not have been liable to suffer and subject to the necessity of dying. Reply Obj. 3: This prevenient purification in the Blessed Virgin was not needed to hinder the transmission of original sin, but because it behooved the Mother of God "to shine with the greatest purity" [*Cf. Anselm, De Concep. Virg. xviii.]. For nothing is worthy to receive God unless it be pure, according to Ps. 92:5: "Holiness becometh Thy House, O Lord." ________________________ QUESTION 82 OF ORIGINAL SIN, AS TO ITS ESSENCE (Question 82) We must now consider original sin as to its essence, and under this head there are four points of inquiry: (1) Whether original sin is a habit? (2) Whether there is but one original sin in each man? (3) Whether original sin is concupiscence? (4) Whether original sin is equally in all? ________________________

Whether Original Sin Is a Habit? Objection 1: It would seem that original sin is not a habit. For original sin is the absence of original justice, as Anselm states (De Concep. Virg. ii, iii, xxvi), so that original sin is a privation. But privation is opposed to habit. Therefore original sin is not a habit. Obj. 2: Further, actual sin has the nature of fault more than original sin, in so far as it is more voluntary. Now the habit of actual sin has not the nature of a fault, else it would follow that a man while asleep, would be guilty of sin. Therefore no original habit has the nature of a fault. Obj. 3: Further, in wickedness act always precedes habit, because evil habits are not infused, but acquired. Now original sin is not preceded by an act. Therefore original sin is not a habit. _On the contrary,_ Augustine says in his book on the Baptism of infants (De Pecc. Merit. et Remiss. i, 39) that on account of original sin little children have the aptitude of concupiscence though they have not the act. Now aptitude denotes some kind of habit. Therefore original sin is a habit. _I answer that,_ As stated above (Q. 49, A. 4; Q. 50, A. 1), habit is twofold. The first is a habit whereby power is inclined to an act: thus science and virtue are called habits. In this way original sin is not a habit. The second kind of habit is the disposition of a complex nature, whereby that nature is well or ill disposed to something, chiefly when such a disposition has become like a second nature, as in the case of sickness or health. In this sense original sin is a habit. For it is an inordinate disposition, arising from the destruction of the harmony which was essential to original justice, even as bodily sickness is an inordinate disposition of the body, by reason of the destruction of that equilibrium which is essential to health. Hence it is that original sin is called the "languor of nature" [*Cf. Augustine, In Ps. 118, serm. iii]. Reply Obj. 1: As bodily sickness is partly a privation, in so far as it denotes the destruction of the equilibrium of health, and partly something positive, viz. the very humors that are inordinately disposed, so too original sin denotes the privation of original justice, and besides this, the inordinate disposition of the parts of the soul. Consequently it is not a pure privation, but a corrupt habit. Reply Obj. 2: Actual sin is an inordinateness of an act: whereas original sin, being the sin of nature, is an inordinate disposition of nature, and has the character of fault through being transmitted from our first parent, as stated above (Q. 81, A. 1). Now this inordinate disposition of nature is a kind of habit, whereas the inordinate disposition of an act is not: and for this reason original sin can be a habit, whereas actual sin cannot. Reply Obj. 3: This objection considers the habit which inclines a power to an act: but original sin is not this kind of habit. Nevertheless a certain inclination to an inordinate act does follow from original sin, not directly, but indirectly, viz. by the removal of the obstacle, i.e. original justice, which hindered inordinate movements: just as an inclination to inordinate bodily movements results indirectly from bodily sickness. Nor is it necessary to say that original sin is a habit "infused," or a habit "acquired" (except by the act of our first parent, but not by our own act): but it is a habit "inborn" due to our corrupt origin. ________________________

Whether There Are Several Original Sins in One Man? Objection 1: It would seem that there are many original sins in one man. For it is written (Ps. 1:7): "Behold I was conceived in iniquities, and in sins did my mother conceive me." But the sin in which a man is conceived is original sin. Therefore there are several original sins in man. Obj. 2: Further, one and the same habit does not incline its subject to contraries: since the inclination of habit is like that of nature which tends to one thing. Now original sin, even in one man, inclines to various and contrary sins. Therefore original sin is not one habit; but several. Obj. 3: Further, original sin infects every part of the soul. Now the different parts of the soul are different subjects of sin, as shown above (Q. 74). Since then one sin cannot be in different subjects, it seems that original sin is not one but several. _On the contrary,_ It is written (John 1:29): "Behold the Lamb of God, behold Him Who taketh away the sin of the world": and the reason for the employment of the singular is that the "sin of the world" is original sin, as a gloss expounds this passage. _I answer that,_ In one man there is one original sin. Two reasons may be assigned for this. The first is on the part of the cause of original sin. For it has been stated (Q. 81, A. 2), that the first sin alone of our first parent was transmitted to his posterity. Wherefore in one man original sin is one in number; and in all men, it is one in proportion, i.e. in relation to its first principle. The second reason may be taken from the very essence of original sin. Because in every inordinate disposition, unity of species depends on the cause, while the unity of number is derived from the subject. For example, take bodily sickness: various species of sickness proceed from different causes, e.g. from excessive heat or cold, or from a lesion in the lung or liver; while one specific sickness in one man will be one in number. Now the cause of this corrupt disposition that is called original sin, is one only, viz. the privation of original justice, removing the subjection of man's mind to God. Consequently original sin is specifically one, and, in one man, can be only one in number; while, in different men, it is one in species and in proportion, but is numerically many. Reply Obj. 1: The employment of the plural--"in sins"--may be explained by the custom of the Divine Scriptures in the frequent use of the plural for the singular, e.g. "They are dead that sought the life of the child"; or by the fact that all actual sins virtually pre-exist in original sin, as in a principle so that it is virtually many; or by the fact of there being many deformities in the sin of our first parent, viz. pride, disobedience, gluttony, and so forth; or by several parts of the soul being infected by original sin. Reply Obj. 2: Of itself and directly, i.e. by its own form, one habit cannot incline its subject to contraries. But there is no reason why it should not do so, indirectly and accidentally, i.e. by the removal of an obstacle: thus, when the harmony of a mixed body is destroyed, the elements have contrary local tendencies. In like manner, when the harmony of original justice is destroyed, the various powers of the soul have various opposite tendencies. Reply Obj. 3: Original sin infects the different parts of the soul, in so far as they are the parts of one whole; even as original justice held all the soul's parts together in one. Consequently there is but one original sin: just as there is but one fever in one man, although the various parts of the body are affected. ________________________

Whether Original Sin Is Concupiscence? Objection 1: It would seem that original sin is not concupiscence. For every sin is contrary to nature, according to Damascene (De Fide Orth. ii, 4, 30). But concupiscence is in accordance with nature, since it is the proper act of the concupiscible faculty which is a natural power. Therefore concupiscence is not original sin. Obj. 2: Further, through original sin "the passions of sins" are in us, according to the Apostle (Rom. 7:5). Now there are several other passions besides concupiscence, as stated above (Q. 23, A. 4). Therefore original sin is not concupiscence any more than another passion. Obj. 3: Further, by original sin, all the parts of the soul are disordered, as stated above (A. 2, Obj. 3). But the intellect is the highest of the soul's parts, as the Philosopher states (Ethic. x, 7). Therefore original sin is ignorance rather than concupiscence. _On the contrary,_ Augustine says (Retract. i, 15): "Concupiscence is the guilt of original sin." _I answer that,_ Everything takes its species from its form: and it has been stated (A. 2) that the species of original sin is taken from its cause. Consequently the formal element of original sin must be considered in respect of the cause of original sin. But contraries have contrary causes. Therefore the cause of original sin must be considered with respect to the cause of original justice, which is opposed to it. Now the whole order of original justice consists in man's will being subject to God: which subjection, first and chiefly, was in the will, whose function it is to move all the other parts to the end, as stated above (Q. 9, A. 1), so that the will being turned away from God, all the other powers of the soul become inordinate. Accordingly the privation of original justice, whereby the will was made subject to God, is the formal element in original sin; while every other disorder of the soul's powers, is a kind of material element in respect of original sin. Now the inordinateness of the other powers of the soul consists chiefly in their turning inordinately to mutable good; which inordinateness may be called by the general name of concupiscence. Hence original sin is concupiscence, materially, but privation of original justice, formally. Reply Obj. 1: Since, in man, the concupiscible power is naturally governed by reason, the act of concupiscence is so far natural to man, as it is in accord with the order of reason; while, in so far as it trespasses beyond the bounds of reason, it is, for a man, contrary to reason. Such is the concupiscence of original sin. Reply Obj. 2: As stated above (Q. 25, A. 1), all the irascible passions are reducible to concupiscible passions, as holding the princip[al] place: and of these, concupiscence is the most impetuous in moving, and is felt most, as stated above (Q. 25, A. 2, ad 1). Therefore original sin is ascribed to concupiscence, as being the chief passion, and as including all the others, in a fashion. Reply Obj. 3: As, in good things, the intellect and reason stand first, so conversely in evil things, the lower part of the soul is found to take precedence, for it clouds and draws the reason, as stated above (Q. 77, AA. 1, 2;Q. 80, A. 2). Hence original sin is called concupiscence rather than ignorance, although ignorance is comprised among the material defects of original sin. ________________________

Whether Original Sin Is Equally in All? Objection 1: It would seem that original sin is not equally in all. Because original sin is inordinate concupiscence, as stated above (A. 3). Now all are not equally prone to acts of concupiscence. Therefore original sin is not equally in all. Obj. 2: Further, original sin is an inordinate disposition of the soul, just as sickness is an inordinate disposition of the body. But sickness is subject to degrees. Therefore original sin is subject to degrees. Obj. 3: Further, Augustine says (De Nup. et Concep. i, 23) that "lust transmits original sin to the child." But the act of generation may be more lustful in one than in another. Therefore original sin may be greater in one than in another. _On the contrary,_ Original sin is the sin of nature, as stated above (Q. 81, A. 1). But nature is equally in all. Therefore original sin is too. _I answer that,_ There are two things in original sin: one is the privation of original justice; the other is the relation of this privation to the sin of our first parent, from whom it is transmitted to man through his corrupt origin. As to the first, original sin has no degrees, since the gift of original justice is taken away entirely; and privations that remove something entirely, such as death and darkness, cannot be more or less, as stated above (Q. 73, A. 2). In like manner, neither is this possible, as to the second: since all are related equally to the first principle of our corrupt origin, from which principle original sin takes the nature of guilt; for relations cannot be more or less. Consequently it is evident that original sin cannot be more in one than in another. Reply Obj. 1: Through the bond of original justice being broken, which held together all the powers of the soul in a certain order, each power of the soul tends to its own proper movement, and the more impetuously, as it is stronger. Now it happens that some of the soul's powers are stronger in one man than in another, on account of the different bodily temperaments. Consequently if one man is more prone than another to acts of concupiscence, this is not due to original sin, because the bond of original justice is equally broken in all, and the lower parts of the soul are, in all, left to themselves equally; but it is due to the various dispositions of the powers, as stated. Reply Obj. 2: Sickness of the body, even sickness of the same species, has not an equal cause in all; for instance if a fever be caused by corruption of the bile, the corruption may be greater or less, and nearer to, or further from a vital principle. But the cause of original sin is equal to all, so that there is no comparison. Reply Obj. 3: It is not the actual lust that transmits original sin: for, supposing God were to grant to a man to feel no inordinate lust in the act of generation, he would still transmit original sin; we must understand this to be habitual lust, whereby the sensitive appetite is not kept subject to reason by the bonds of original justice. This lust is equally in all. ________________________ QUESTION 83 OF THE SUBJECT OF ORIGINAL SIN (In Four Articles) We must now consider the subject of original sin, under which head there are four points of inquiry: (1) Whether the subject of original sin is the flesh rather than the soul? (2) If it be the soul, whether this be through its essence, or through its powers? (3) Whether the will prior to the other powers is the subject of original sin? (4) Whether certain powers of the soul are specially infected, viz. the generative power, the concupiscible part, and the sense of touch? ________________________

Whether Original Sin Is More in the Flesh Than in the Soul? Objection 1: It would seem that original sin is more in the flesh than in the soul. Because the rebellion of the flesh against the mind arises from the corruption of original sin. Now the root of this rebellion is seated in the flesh: for the Apostle says (Rom. 7:23): "I see another law in my members fighting against the law of my mind." Therefore original sin is seated chiefly in the flesh. Obj. 2: Further, a thing is more in its cause than in its effect: thus heat is in the heating fire more than in the hot water. Now the soul is infected with the corruption of original sin by the carnal semen. Therefore original sin is in the flesh rather than in the soul. Obj. 3: Further, we contract original sin from our first parent, in so far as we were in him by reason of seminal virtue. Now our souls were not in him thus, but only our flesh. Therefore original sin is not in the soul, but in the flesh. Obj. 4: Further, the rational soul created by God is infused into the body. If therefore the soul were infected with original sin, it would follow that it is corrupted in its creation or infusion: and thus God would be the cause of sin, since He is the author of the soul's creation and fusion. Obj. 5: Further, no wise man pours a precious liquid into a vessel, knowing that the vessel will corrupt the liquid. But the rational soul is more precious than any liquid. If therefore the soul, by being united with the body, could be corrupted with the infection of original sin, God, Who is wisdom itself, would never infuse the soul into such a body. And yet He does; wherefore it is not corrupted by the flesh. Therefore original sin is not in the soul but in the flesh. _On the contrary,_ The same is the subject of a virtue and of the vice or sin contrary to that virtue. But the flesh cannot be the subject of virtue: for the Apostle says (Rom. 7:18): "I know that there dwelleth not in me, that is to say, in my flesh, that which is good." Therefore the flesh cannot be the subject of original sin, but only the soul. _I answer that,_ One thing can be in another in two ways. First, as in its cause, either principal, or instrumental; secondly, as in its subject. Accordingly the original sin of all men was in Adam indeed, as in its principal cause, according to the words of the Apostle (Rom. 5:12): "In whom all have sinned": whereas it is in the bodily semen, as in its instrumental cause, since it is by the active power of the semen that original sin together with human nature is transmitted to the child. But original sin can nowise be in the flesh as its subject, but only in the soul. The reason for this is that, as stated above (Q. 81, A. 1), original sin is transmitted from the will of our first parent to this posterity by a certain movement of generation, in the same way as actual sin is transmitted from any man's will to his other parts. Now in this transmission it is to be observed, that whatever accrues from the motion of the will consenting to sin, to any part of man that can in any way share in that guilt, either as its subject or as its instrument, has the character of sin. Thus from the will consenting to gluttony, concupiscence of food accrues to the concupiscible faculty, and partaking of food accrues to the hand and the mouth, which, in so far as they are moved by the will to sin, are the instruments of sin. But that further action is evoked in the nutritive power and the internal members, which have no natural aptitude for being moved by the will, does not bear the character of guilt. Accordingly, since the soul can be the subject of guilt, while the flesh, of itself, cannot be the subject of guilt; whatever accrues to the soul from the corruption of the first sin, has the character of guilt, while whatever accrues to the flesh, has the character, not of guilt but of punishment: so that, therefore, the soul is the subject of original sin, and not the flesh. Reply Obj. 1: As Augustine says (Retract. i, 27) [*Cf. QQ. lxxxiii, qu. 66], the Apostle is speaking, in that passage, of man already redeemed, who is delivered from guilt, but is still liable to punishment, by reason of which sin is stated to dwell "in the flesh." Consequently it follows that the flesh is the subject, not of guilt, but of punishment. Reply Obj. 2: Original sin is caused by the semen as instrumental cause. Now there is no need for anything to be more in the instrumental cause than in the effect; but only in the principal cause: and, in this way, original sin was in Adam more fully, since in him it had the nature of actual sin. Reply Obj. 3: The soul of any individual man was in Adam, in respect of his seminal power, not indeed as in its effective principle, but as in a dispositive principle: because the bodily semen, which is transmitted from Adam, does not of its own power produce the rational soul, but disposes the matter for it. Reply Obj. 4: The corruption of original sin is nowise caused by God, but by the sin alone of our first parent through carnal generation. And so, since creation implies a relation in the soul to God alone, it cannot be said that the soul is tainted through being created. On the other hand, infusion implies relation both to God infusing and to the flesh into which the soul is infused. And so, with regard to God infusing, it cannot be said that the soul is stained through being infused; but only with regard to the body into which it is infused. Reply Obj. 5: The common good takes precedence of private good. Wherefore God, according to His wisdom, does not overlook the general order of things (which is that such a soul be infused into such a body), lest this soul contract a singular corruption: all the more that the nature of the soul demands that it should not exist prior to its infusion into the body, as stated in the First Part (Q. 90, A. 4; Q. 118, A. 3). And it is better for the soul to be thus, according to its nature, than not to be at all, especially since it can avoid damnation, by means of grace. ________________________

Whether Original Sin Is in the Essence of the Soul Rather Than in the Powers? Objection 1: It would seem that original sin is not in the essence of the soul rather than in the powers. For the soul is naturally apt to be the subject of sin, in respect of those parts which can be moved by the will. Now the soul is moved by the will, not as to its essence but only as to the powers. Therefore original sin is in the soul, not according to its essence, but only according to the powers. Obj. 2: Further, original sin is opposed to original justice. Now original justice was in a power of the soul, because power is the subject of virtue. Therefore original sin also is in a power of the soul, rather than in its essence. Obj. 3: Further, just as original sin is derived from the soul as from the flesh, so is it derived by the powers from the essence. But original sin is more in the soul than in the flesh. Therefore it is more in the powers than in the essence of the soul. Obj. 4: Further, original sin is said to be concupiscence, as stated (Q. 82, A. 3). But concupiscence is in the powers of the soul. Therefore original sin is also. _On the contrary,_ Original sin is called the sin of nature, as stated above (Q. 81, A. 1). Now the soul is the form and nature of the body, in respect of its essence and not in respect of its powers, as stated in the First Part (Q. 76, A. 6). Therefore the soul is the subject of original sin chiefly in respect of its essence. _I answer that,_ The subject of a sin is chiefly that part of the soul to which the motive cause of that sin primarily pertains: thus if the motive cause of a sin is sensual pleasure, which regards the concupiscible power through being its proper object, it follows that the concupiscible power is the proper subject of that sin. Now it is evident that original sin is caused through our origin. Consequently that part of the soul which is first reached by man's origin, is the primary subject of original sin. Now the origin reaches the soul as the term of generation, according as it is the form of the body: and this belongs to the soul in respect of its essence, as was proved in the First Part (Q. 76, A. 6). Therefore the soul, in respect of its essence, is the primary subject of original sin. Reply Obj. 1: As the motion of the will of an individual reaches to the soul's powers and not to its essence, so the motion of the will of the first generator, through the channel of generation, reaches first of all to the essence of the soul, as stated. Reply Obj. 2: Even original justice pertained radically to the essence of the soul, because it was God's gift to human nature, to which the essence of the soul is related before the powers. For the powers seem to regard the person, in as much as they are the principles of personal acts. Hence they are the proper subjects of actual sins, which are the sins of the person. Reply Obj. 3: The body is related to the soul as matter to form, which though it comes second in order of generation, nevertheless comes first in the order of perfection and nature. But the essence of the soul is related to the powers, as a subject to its proper accidents, which follow their subject both in the order of generation and in that of perfection. Consequently the comparison fails. Reply Obj. 4: Concupiscence, in relation to original sin, holds the position of matter and effect, as stated above (Q. 82, A. 3). ________________________

Whether Original Sin Infects the Will Before the Other Powers? Objection 1: It would seem that original sin does not infect the will before the other powers. For every sin belongs chiefly to that power by whose act it was caused. Now original sin is caused by an act of the generative power. Therefore it seems to belong to the generative power more than to the others. Obj. 2: Further, original sin is transmitted through the carnal semen. But the other powers of the soul are more akin to the flesh than the will is, as is evident with regard to all the sensitive powers, which use a bodily organ. Therefore original sin is in them more than in the will. Obj. 3: Further, the intellect precedes the will, for the object of the will is only the good understood. If therefore original sin infects all the powers of the soul, it seems that it must first of all infect the intellect, as preceding the others. _On the contrary,_ Original justice has a prior relation to the will, because it is "rectitude of the will," as Anselm states (De Concep. Virg. iii). Therefore original sin, which is opposed to it, also has a prior relation to the will. _I answer that,_ Two things must be considered in the infection of original sin. First, its inherence to its subject; and in this respect it regards first the essence of the soul, as stated above (A. 2). In the second place we must consider its inclination to act; and in this way it regards the powers of the soul. It must therefore regard first of all that power in which is seated the first inclination to commit a sin, and this is the will, as stated above (Q. 74, AA. 1, 2). Therefore original sin regards first of all the will. Reply Obj. 1: Original sin, in man, is not caused by the generative power of the child, but by the act of the parental generative power. Consequently, it does not follow that the child's generative power is the subject of original sin. Reply Obj. 2: Original sin spreads in two ways; from the flesh to the soul, and from the essence of the soul to the powers. The former follows the order of generation, the latter follows the order of perfection. Therefore, although the other, viz. the sensitive powers, are more akin to the flesh, yet, since the will, being the higher power, is more akin to the essence of the soul, the infection of original sin reaches it first. Reply Obj. 3: The intellect precedes the will, in one way, by proposing its object to it. In another way, the will precedes the intellect, in the order of motion to act, which motion pertains to sin. ________________________

Whether the Aforesaid Powers Are More Infected Than the Others? Objection 1: It would seem that the aforesaid powers are not more infected than the others. For the infection of original sin seems to pertain more to that part of the soul which can be first the subject of sin. Now this is the rational part, and chiefly the will. Therefore that power is most infected by original sin. Obj. 2: Further, no power of the soul is infected by guilt, except in so far as it can obey reason. Now the generative power cannot obey reason, as stated in _Ethic._ i, 13. Therefore the generative power is not the most infected by original sin. Obj. 3: Further, of all the senses the sight is the most spiritual and the nearest to reason, in so far "as it shows us how a number of things differ" (Metaph. i). But the infection of guilt is first of all in the reason. Therefore the sight is more infected than touch. _On the contrary,_ Augustine says (De Civ. Dei xiv, 16, seqq., 24) that the infection of original sin is most apparent in the movements of the members of generation, which are not subject to reason. Now those members serve the generative power in the mingling of sexes, wherein there is the delectation of touch, which is the most powerful incentive to concupiscence. Therefore the infection of original sin regards these three chiefly, viz. the generative power, the concupiscible faculty and the sense of touch. _I answer that,_ Those corruptions especially are said to be infectious, which are of such a nature as to be transmitted from one subject to another: hence contagious diseases, such as leprosy and murrain and the like, are said to be infectious. Now the corruption of original sin is transmitted by the act of generation, as stated above (Q. 81, A. 1). Therefore the powers which concur in this act, are chiefly said to be infected. Now this act serves the generative power, in as much as it is directed to generation; and it includes delectation of the touch, which is the most powerful object of the concupiscible faculty. Consequently, while all the parts of the soul are said to be corrupted by original sin, these three are said specially to be corrupted and infected. Reply Obj. 1: Original sin, in so far as it inclines to actual sins, belongs chiefly to the will, as stated above (A. 3). But in so far as it is transmitted to the offspring, it belongs to the aforesaid powers proximately, and to the will, remotely. Reply Obj. 2: The infection of actual sin belongs only to the powers which are moved by the will of the sinner. But the infection of original sin is not derived from the will of the contractor, but through his natural origin, which is effected by the generative power. Hence it is this power that is infected by original sin. Reply Obj. 3: Sight is not related to the act of generation except in respect of remote disposition, in so far as the concupiscible species is seen through the sight. But the delectation is completed in the touch. Wherefore the aforesaid infection is ascribed to the touch rather than to the sight. ________________________ QUESTION 84 OF THE CAUSE OF SIN, IN RESPECT OF ONE SIN BEING THE CAUSE OF ANOTHER (In Four Articles) We must now consider the cause of sin, in so far as one sin can be the cause of another. Under this head there are four points of inquiry: (1) Whether covetousness is the root of all sins? (2) Whether pride is the beginning of every sin? (3) Whether other special sins should be called capital vices, besides pride and covetousness? (4) How many capital vices there are, and which are they? ________________________

Whether Covetousness Is the Root of All Sins? Objection 1: It would seem that covetousness is not the root of all sins. For covetousness, which is immoderate desire for riches, is opposed to the virtue of liberality. But liberality is not the root of all virtues. Therefore covetousness is not the root of all sins. Obj. 2: Further, the desire for the means proceeds from desire for the end. Now riches, the desire for which is called covetousness, are not desired except as being useful for some end, as stated in _Ethic._ i, 5. Therefore covetousness is not the root of all sins, but proceeds from some deeper root. Obj. 3: Further, it often happens that avarice, which is another name for covetousness, arises from other sins; as when a man desires money through ambition, or in order to sate his gluttony. Therefore it is not the root of all sins. _On the contrary,_ The Apostle says (1 Tim. 6:10): "The desire of money is the root of all evil." _I answer that,_ According to some, covetousness may be understood in different ways. First, as denoting inordinate desire for riches: and thus it is a special sin. Secondly, as denoting inordinate desire for any temporal good: and thus it is a genus comprising all sins, because every sin includes an inordinate turning to a mutable good, as stated above (Q. 72, A. 2). Thirdly, as denoting an inclination of a corrupt nature to desire corruptible goods inordinately: and they say that in this sense covetousness is the root of all sins, comparing it to the root of a tree, which draws its sustenance from earth, just as every sin grows out of the love of temporal things. Now, though all this is true, it does not seem to explain the mind of the Apostle when he states that covetousness is the root of all sins. For in that passage he clearly speaks against those who, because they "will become rich, fall into temptation, and into the snare of the devil . . . for covetousness is the root of all evils." Hence it is evident that he is speaking of covetousness as denoting the inordinate desire for riches. Accordingly, we must say that covetousness, as denoting a special sin, is called the root of all sins, in likeness to the root of a tree, in furnishing sustenance to the whole tree. For we see that by riches man acquires the means of committing any sin whatever, and of sating his desire for any sin whatever, since money helps man to obtain all manner of temporal goods, according to Eccles. 10:19: "All things obey money": so that in this desire for riches is the root of all sins. Reply Obj. 1: Virtue and sin do not arise from the same source. For sin arises from the desire of mutable good; and consequently the desire of that good which helps one to obtain all temporal goods, is called the root of all sins. But virtue arises from the desire for the immutable God; and consequently charity, which is the love of God, is called the root of the virtues, according to Eph. 3:17: "Rooted and founded in charity." Reply Obj. 2: The desire of money is said to be the root of sins, not as though riches were sought for their own sake, as being the last end; but because they are much sought after as useful for any temporal end. And since a universal good is more desirable than a particular good, they move the appetite more than any individual goods, which along with many others can be procured by means of money. Reply Obj. 3: Just as in natural things we do not ask what always happens, but what happens most frequently, for the reason that the nature of corruptible things can be hindered, so as not always to act in the same way; so also in moral matters, we consider what happens in the majority of cases, not what happens invariably, for the reason that the will does not act of necessity. So when we say that covetousness is the root of all evils, we do not assert that no other evil can be its root, but that other evils more frequently arise therefrom, for the reason given. ________________________

Whether Pride Is the Beginning of Every Sin? Objection 1: It would seem that pride is not the beginning of every sin. For the root is a beginning of a tree, so that the beginning of a sin seems to be the same as the root of sin. Now covetousness is the root of every sin, as stated above (A. 1). Therefore it is also the beginning of every sin, and not pride. Obj. 2: Further, it is written (Ecclus. 10:14): "The beginning of the pride of man is apostasy [Douay: 'to fall off'] from God." But apostasy from God is a sin. Therefore another sin is the beginning of pride, so that the latter is not the beginning of every sin. Obj. 3: Further, the beginning of every sin would seem to be that which causes all sins. Now this is inordinate self-love, which, according to Augustine (De Civ. Dei xiv), "builds up the city of Babylon." Therefore self-love and not pride, is the beginning of every sin. _On the contrary,_ It is written (Ecclus. 10:15): "Pride is the beginning of all sin." _I answer that,_ Some say pride is to be taken in three ways. First, as denoting inordinate desire to excel; and thus it is a special sin. Secondly, as denoting actual contempt of God, to the effect of not being subject to His commandment; and thus, they say, it is a generic sin. Thirdly, as denoting an inclination to this contempt, owing to the corruption of nature; and in this sense they say that it is the beginning of every sin, and that it differs from covetousness, because covetousness regards sin as turning towards the mutable good by which sin is, as it were, nourished and fostered, for which reason covetousness is called the "root"; whereas pride regards sin as turning away from God, to Whose commandment man refuses to be subject, for which reason it is called the "beginning," because the beginning of evil consists in turning away from God. Now though all this is true, nevertheless it does not explain the mind of the wise man who said (Ecclus. 10:15): "Pride is the beginning of all sin." For it is evident that he is speaking of pride as denoting inordinate desire to excel, as is clear from what follows (verse 17): "God hath overturned the thrones of proud princes"; indeed this is the point of nearly the whole chapter. We must therefore say that pride, even as denoting a special sin, is the beginning of every sin. For we must take note that, in voluntary actions, such as sins, there is a twofold order, of intention, and of execution. In the former order, the principle is the end, as we have stated many times before (Q. 1, A. 1, ad 1; Q. 18, A. 7, ad 2; Q. 15, A. 1, ad 2; Q. 25, A. 2). Now man's end in acquiring all temporal goods is that, through their means, he may have some perfection and excellence. Therefore, from this point of view, pride, which is the desire to excel, is said to be the "beginning" of every sin. On the other hand, in the order of execution, the first place belongs to that which by furnishing the opportunity of fulfilling all desires of sin, has the character of a root, and such are riches; so that, from this point of view, covetousness is said to be the "root" of all evils, as stated above (A. 1). This suffices for the Reply to the First Objection. Reply Obj. 2: Apostasy from God is stated to be the beginning of pride, in so far as it denotes a turning away from God, because from the fact that man wishes not to be subject to God, it follows that he desires inordinately his own excellence in temporal things. Wherefore, in the passage quoted, apostasy from God does not denote the special sin, but rather that general condition of every sin, consisting in its turning away from God. It may also be said that apostasy from God is said to be the beginning of pride, because it is the first species of pride. For it is characteristic of pride to be unwilling to be subject to any superior, and especially to God; the result being that a man is unduly lifted up, in respect of the other species of pride. Reply Obj. 3: In desiring to excel, man loves himself, for to love oneself is the same as to desire some good for oneself. Consequently it amounts to the same whether we reckon pride or self-love as the beginning of every evil. ________________________

Whether Any Other Special Sins, Besides Pride and Avarice, Should Be Called Capital? Objection 1: It would seem that no other special sins, besides pride and avarice, should be called capital. Because "the head seems to be to an animal, what the root is to a plant," as stated in _De Anima_ ii, text. 38: for the roots are like a mouth. If therefore covetousness is called the "root of all evils," it seems that it alone, and no other sin, should be called a capital vice. Obj. 2: Further, the head bears a certain relation of order to the other members, in so far as sensation and movement follow from the head. But sin implies privation of order. Therefore sin has not the character of head: so that no sins should be called capital. Obj. 3: Further, capital crimes are those which receive capital punishment. But every kind of sin comprises some that are punished thus. Therefore the capital sins are not certain specific sins. _On the contrary,_ Gregory (Moral. xxxi, 17) enumerates certain special vices under the name of capital. _I answer that,_ The word capital is derived from _caput_ (a head). Now the head, properly speaking, is that part of an animal's body, which is the principle and director of the whole animal. Hence, metaphorically speaking, every principle is called a head, and even men who direct and govern others are called heads. Accordingly a capital vice is so called, in the first place, from "head" taken in the proper sense, and thus the name "capital" is given to a sin for which capital punishment is inflicted. It is not in this sense that we are now speaking of capital sins, but in another sense, in which the term "capital" is derived from head, taken metaphorically for a principle or director of others. In this way a capital vice is one from which other vices arise, chiefly by being their final cause, which origin is formal, as stated above (Q. 72, A. 6). Wherefore a capital vice is not only the principle of others, but is also their director and, in a way, their leader: because the art or habit, to which the end belongs, is always the principle and the commander in matters concerning the means. Hence Gregory (Moral. xxxi, 17) compares these capital vices to the "leaders of an army." Reply Obj. 1: The term "capital" is taken from _caput_ and applied to something connected with, or partaking of the head, as having some property thereof, but not as being the head taken literally. And therefore the capital vices are not only those which have the character of primary origin, as covetousness which is called the "root," and pride which is called the beginning, but also those which have the character of proximate origin in respect of several sins. Reply Obj. 2: Sin lacks order in so far as it turns away from God, for in this respect it is an evil, and evil, according to Augustine (De Natura Boni iv), is "the privation of mode, species and order." But in so far as sin implies a turning to something, it regards some good: wherefore, in this respect, there can be order in sin. Reply Obj. 3: This objection considers capital sin as so called from the punishment it deserves, in which sense we are not taking it here. ________________________

Whether the Seven Capital Vices Are Suitably Reckoned? Objection 1: It would seem that we ought not to reckon seven capital vices, viz. vainglory, envy, anger, sloth, covetousness, gluttony, lust. For sins are opposed to virtues. But there are four principal virtues, as stated above (Q. 61, A. 2). Therefore there are only four principal or capital vices. Obj. 2: Further, the passions of the soul are causes of sin, as stated above (Q. 77). But there are four principal passions of the soul; two of which, viz. hope and fear, are not mentioned among the above sins, whereas certain vices are mentioned to which pleasure and sadness belong, since pleasure belongs to gluttony and lust, and sadness to sloth and envy. Therefore the principal sins are unfittingly enumerated. Obj. 3: Further, anger is not a principal passion. Therefore it should not be placed among the principal vices. Obj. 4: Further, just as covetousness or avarice is the root of sin, so is pride the beginning of sin, as stated above (A. 2). But avarice is reckoned to be one of the capital vices. Therefore pride also should be placed among the capital vices. Obj. 5: Further, some sins are committed which cannot be caused through any of these: as, for instance, when one sins through ignorance, or when one commits a sin with a good intention, e.g. steals in order to give an alms. Therefore the capital vices are insufficiently enumerated. _On the contrary,_ stands the authority of Gregory who enumerates them in this way (Moral. xxxi, 17). _I answer that,_ As stated above (A. 3), the capital vices are those which give rise to others, especially by way of final cause. Now this kind of origin may take place in two ways. First, on account of the condition of the sinner, who is disposed so as to have a strong inclination for one particular end, the result being that he frequently goes forward to other sins. But this kind of origin does not come under the consideration of art, because man's particular dispositions are infinite in number. Secondly, on account of a natural relationship of the ends to one another: and it is in this way that most frequently one vice arises from another, so that this kind of origin can come under the consideration of art. Accordingly therefore, those vices are called capital, whose ends have certain fundamental reasons for moving the appetite; and it is in respect of these fundamental reasons that the capital vices are differentiated. Now a thing moves the appetite in two ways. First, directly and of its very nature: thus good moves the appetite to seek it, while evil, for the same reason, moves the appetite to avoid it. Secondly, indirectly and on account of something else, as it were: thus one seeks an evil on account of some attendant good, or avoids a good on account of some attendant evil. Again, man's good is threefold. For, in the first place, there is a certain good of the soul, which derives its aspect of appetibility, merely through being apprehended, viz. the excellence of honor and praise, and this good is sought inordinately by _vainglory._ Secondly, there is the good of the body, and this regards either the preservation of the individual, e.g. meat and drink, which good is pursued inordinately by _gluttony,_ or the preservation of the species, e.g. sexual intercourse, which good is sought inordinately by _lust._ Thirdly, there is external good, viz. riches, to which _covetousness_ is referred. These same four vices avoid inordinately the contrary evils. Or again, good moves the appetite chiefly through possessing some property of happiness, which all men seek naturally. Now in the first place happiness implies perfection, since happiness is a perfect good, to which belongs excellence or renown, which is desired by _pride_ or _vainglory._ Secondly, it implies satiety, which _covetousness_ seeks in riches that give promise thereof. Thirdly, it implies pleasure, without which happiness is impossible, as stated in _Ethic._ i, 7; x, 6, 7, 8 and this _gluttony_ and _lust_ pursue. On the other hand, avoidance of good on account of an attendant evil occurs in two ways. For this happens either in respect of one's own good, and thus we have _sloth,_ which is sadness about one's spiritual good, on account of the attendant bodily labor: or else it happens in respect of another's good, and this, if it be without recrimination, belongs to _envy,_ which is sadness about another's good as being a hindrance to one's own excellence, while if it be with recrimination with a view to vengeance, it is _anger._ Again, these same vices seek the contrary evils. Reply Obj. 1: Virtue and vice do not originate in the same way: since virtue is caused by the subordination of the appetite to reason, or to the immutable good, which is God, whereas vice arises from the appetite for mutable good. Wherefore there is no need for the principal vices to be contrary to the principal virtues. Reply Obj. 2: Fear and hope are irascible passions. Now all the passions of the irascible part arise from passions of the concupiscible part; and these are all, in a way, directed to pleasure or sorrow. Hence pleasure and sorrow have a prominent place among the capital sins, as being the most important of the passions, as stated above (Q. 25, A. 4). Reply Obj. 3: Although anger is not a principal passion, yet it has a distinct place among the capital vices, because it implies a special kind of movement in the appetite, in so far as recrimination against another's good has the aspect of a virtuous good, i.e. of the right to vengeance. Reply Obj. 4: Pride is said to be the beginning of every sin, in the order of the end, as stated above (A. 2): and it is in the same order that we are to consider the capital sin as being principal. Wherefore pride, like a universal vice, is not counted along with the others, but is reckoned as the "queen of them all," as Gregory states (Moral. xxxi, 27). But covetousness is said to be the root from another point of view, as stated above (AA. 1, 2). Reply Obj. 5: These vices are called capital because others, most frequently, arise from them: so that nothing prevents some sins from arising out of other causes. Nevertheless we might say that all the sins which are due to ignorance, can be reduced to sloth, to which pertains the negligence of a man who declines to acquire spiritual goods on account of the attendant labor; for the ignorance that can cause sin, is due to negligence, as stated above (Q. 76, A. 2). That a man commit a sin with a good intention, seems to point to ignorance, in so far as he knows not that evil should not be done that good may come of it. ________________________ QUESTION 85 OF THE EFFECTS OF SIN, AND, FIRST, OF THE CORRUPTION OF THE GOOD OF NATURE (In Six Articles) We must now consider the effects of sin; and (1) the corruption of the good of nature; (2) the stain on the soul; (3) the debt of punishment. Under the first head there are six points of inquiry: (1) Whether the good of nature is diminished by sin? (2) Whether it can be taken away altogether? (3) Of the four wounds, mentioned by Bede, with which human nature is stricken in consequence of sin. (4) Whether privation of mode, species and order is an effect of sin? (5) Whether death and other bodily defects are the result of sin? (6) Whether they are, in any way, natural to man? ________________________

Whether Sin Diminishes the Good of Nature? Objection 1: It would seem that sin does not diminish the good of nature. For man's sin is no worse than the devil's. But natural good remains unimpaired in devils after sin, as Dionysius states (Div. Nom. iv). Therefore neither does sin diminish the good of human nature. Obj. 2: Further, when that which follows is changed, that which precedes remains unchanged, since substance remains the same when its accidents are changed. But nature exists before the voluntary action. Therefore, when sin has caused a disorder in a voluntary act, nature is not changed on that account, so that the good of nature be diminished. Obj. 3: Further, sin is an action, while diminution is a passion. Now no agent is passive by the very reason of its acting, although it is possible for it to act on one thing, and to be passive as regards another. Therefore he who sins, does not, by his sin, diminish the good of his nature. Obj. 4: Further, no accident acts on its subject: because that which is patient is a potential being, while that which is subjected to an accident, is already an actual being as regards that accident. But sin is in the good of nature as an accident in a subject. Therefore sin does not diminish the good of nature, since to diminish is to act. _On the contrary,_ "A certain man going down from Jerusalem to Jericho (Luke 10:30), i.e. to the corruption of sin, was stripped of his gifts, and wounded in his nature," as Bede [*The quotation is from the _Glossa Ordinaria_ of Strabo] expounds the passage. Therefore sin diminishes the good of nature. _I answer that,_ The good of human nature is threefold. First, there are the principles of which nature is constituted, and the properties that flow from them, such as the powers of the soul, and so forth. Secondly, since man has from nature an inclination to virtue, as stated above (Q. 60, A. 1; Q. 63, A. 1), this inclination to virtue is a good of nature. Thirdly, the gift of original justice, conferred on the whole of human nature in the person of the first man, may be called a good of nature. Accordingly, the first-mentioned good of nature is neither destroyed nor diminished by sin. The third good of nature was entirely destroyed through the sin of our first parent. But the second good of nature, viz. the natural inclination to virtue, is diminished by sin. Because human acts produce an inclination to like acts, as stated above (Q. 50, A. 1). Now from the very fact that thing becomes inclined to one of two contraries, its inclination to the other contrary must needs be diminished. Wherefore as sin is opposed to virtue, from the very fact that a man sins, there results a diminution of that good of nature, which is the inclination to virtue. Reply Obj. 1: Dionysius is speaking of the first-mentioned good of nature, which consists in "being, living and understanding," as anyone may see who reads the context. Reply Obj. 2: Although nature precedes the voluntary action, it has an inclination to a certain voluntary action. Wherefore nature is not changed in itself, through a change in the voluntary action: it is the inclination that is changed in so far as it is directed to its term. Reply Obj. 3: A voluntary action proceeds from various powers, active and passive. The result is that through voluntary actions something is caused or taken away in the man who acts, as we have stated when treating of the production of habits (Q. 51, A. 2). Reply Obj. 4: An accident does not act effectively on its subject, but it acts on it formally, in the same sense as when we say that whiteness makes a thing white. In this way there is nothing to hinder sin from diminishing the good of nature; but only in so far as sin is itself a diminution of the good of nature, through being an inordinateness of action. But as regards the inordinateness of the agent, we must say that such like inordinateness is caused by the fact that in the acts of the soul, there is an active, and a passive element: thus the sensible object moves the sensitive appetite, and the sensitive appetite inclines the reason and will, as stated above (Q. 77, AA. 1, 2). The result of this is the inordinateness, not as though an accident acted on its own subject, but in so far as the object acts on the power, and one power acts on another and puts it out of order. ________________________

Whether the Entire Good of Human Nature Can Be Destroyed by Sin? Objection 1: It would seem that the entire good of human nature can be destroyed by sin. For the good of human nature is finite, since human nature itself is finite. Now any finite thing is entirely taken away, if the subtraction be continuous. Since therefore the good of nature can be continually diminished by sin, it seems that in the end it can be entirely taken away. Obj. 2: Further, in a thing of one nature, the whole and the parts are uniform, as is evidently the case with air, water, flesh and all bodies with similar parts. But the good of nature is wholly uniform. Since therefore a part thereof can be taken away by sin, it seems that the whole can also be taken away by sin. Obj. 3: Further, the good of nature, that is weakened by sin, is aptitude for virtue. Now this aptitude is destroyed entirely in some on account of sin: thus the lost cannot be restored to virtue any more than the blind can to sight. Therefore sin can take away the good of nature entirely. _On the contrary,_ Augustine says (Enchiridion xiv) that "evil does not exist except in some good." But the evil of sin cannot be in the good of virtue or of grace, because they are contrary to it. Therefore it must be in the good of nature, and consequently it does not destroy it entirely. _I answer that,_ As stated above (A. 1), the good of nature, that is diminished by sin, is the natural inclination to virtue, which is befitting to man from the very fact that he is a rational being; for it is due to this that he performs actions in accord with reason, which is to act virtuously. Now sin cannot entirely take away from man the fact that he is a rational being, for then he would no longer be capable of sin. Wherefore it is not possible for this good of nature to be destroyed entirely. Since, however, this same good of nature may be continually diminished by sin, some, in order to illustrate this, have made use of the example of a finite thing being diminished indefinitely, without being entirely destroyed. For the Philosopher says (Phys. i, text. 37) that if from a finite magnitude a continual subtraction be made in the same quantity, it will at last be entirely destroyed, for instance if from any finite length I continue to subtract the length of a span. If, however, the subtraction be made each time in the same proportion, and not in the same quantity, it may go on indefinitely, as, for instance, if a quantity be halved, and one half be diminished by half, it will be possible to go on thus indefinitely, provided that what is subtracted in each case be less than what was subtracted before. But this does not apply to the question at issue, since a subsequent sin does not diminish the good of nature less than a previous sin, but perhaps more, if it be a more grievous sin. We must, therefore, explain the matter otherwise by saying that the aforesaid inclination is to be considered as a middle term between two others: for it is based on the rational nature as on its root, and tends to the good of virtue, as to its term and end. Consequently its diminution may be understood in two ways: first, on the part of its root, secondly, on the part of its term. In the first way, it is not diminished by sin, because sin does not diminish nature, as stated above (A. 1). But it is diminished in the second way, in so far as an obstacle is placed against its attaining its term. Now if it were diminished in the first way, it would needs be entirely destroyed at last by the rational nature being entirely destroyed. Since, however, it is diminished on the part of the obstacle which is placed against its attaining its term, it is evident that it can be diminished indefinitely, because obstacles can be placed indefinitely, inasmuch as man can go on indefinitely adding sin to sin: and yet it cannot be destroyed entirely, because the root of this inclination always remains. An example of this may be seen in a transparent body, which has an inclination to receive light, from the very fact that it is transparent; yet this inclination or aptitude is diminished on the part of supervening clouds, although it always remains rooted in the nature of the body. Reply Obj. 1: This objection avails when diminution is made by subtraction. But here the diminution is made by raising obstacles, and this neither diminishes nor destroys the root of the inclination, as stated above. Reply Obj. 2: The natural inclination is indeed wholly uniform: nevertheless it stands in relation both to its principle and to its term, in respect of which diversity of relation, it is diminished on the one hand, and not on the other. Reply Obj. 3: Even in the lost the natural inclination to virtue remains, else they would have no remorse of conscience. That it is not reduced to act is owing to their being deprived of grace by Divine justice. Thus even in a blind man the aptitude to see remains in the very root of his nature, inasmuch as he is an animal naturally endowed with sight: yet this aptitude is not reduced to act, for the lack of a cause capable of reducing it, by forming the organ requisite for sight. ________________________

Whether Weakness, Ignorance, Malice and Concupiscence Are Suitably Reckoned As the Wounds of Nature Consequent Upon Sin? Objection 1: It would seem that weakness, ignorance, malice and concupiscence are not suitably reckoned as the wounds of nature consequent upon sin. For one same thing is not both effect and cause of the same thing. But these are reckoned to be causes of sin, as appears from what has been said above (Q. 76, A. 1; Q. 77, AA. 3, 5; Q. 78, A. 1). Therefore they should not be reckoned as effects of sin. Obj. 2: Further, malice is the name of a sin. Therefore it should have no place among the effects of sin. Obj. 3: Further, concupiscence is something natural, since it is an act of the concupiscible power. But that which is natural should not be reckoned a wound of nature. Therefore concupiscence should not be reckoned a wound of nature. Obj. 4: Further, it has been stated (Q. 77, A. 3) that to sin from weakness is the same as to sin from passion. But concupiscence is a passion. Therefore it should not be condivided with weakness. Obj. 5: Further, Augustine (De Nat. et Grat. lxvii, 67) reckons "two things to be punishments inflicted on the soul of the sinner, viz. ignorance and difficulty," from which arise "error and vexation," which four do not coincide with the four in question. Therefore it seems that one or the other reckoning is incomplete. _On the contrary,_ The authority of Bede suffices [*Reference not known]. _I answer that,_ As a result of original justice, the reason had perfect hold over the lower parts of the soul, while reason itself was perfected by God, and was subject to Him. Now this same original justice was forfeited through the sin of our first parent, as already stated (Q. 81, A. 2); so that all the powers of the soul are left, as it were, destitute of their proper order, whereby they are naturally directed to virtue; which destitution is called a wounding of nature. Again, there are four of the soul's powers that can be subject of virtue, as stated above (Q. 61, A. 2), viz. the reason, where prudence resides, the will, where justice is, the irascible, the subject of fortitude, and the concupiscible, the subject of temperance. Therefore in so far as the reason is deprived of its order to the true, there is the wound of ignorance; in so far as the will is deprived of its order of good, there is the wound of malice; in so far as the irascible is deprived of its order to the arduous, there is the wound of weakness; and in so far as the concupiscible is deprived of its order to the delectable, moderated by reason, there is the wound of concupiscence. Accordingly these are the four wounds inflicted on the whole of human nature as a result of our first parent's sin. But since the inclination to the good of virtue is diminished in each individual on account of actual sin, as was explained above (AA. 1, 2), these four wounds are also the result of other sins, in so far as, through sin, the reason is obscured, especially in practical matters, the will hardened to evil, good actions become more difficult and concupiscence more impetuous. Reply Obj. 1: There is no reason why the effect of one sin should not be the cause of another: because the soul, through sinning once, is more easily inclined to sin again. Reply Obj. 2: Malice is not to be taken here as a sin, but as a certain proneness of the will to evil, according to the words of Gen. 8:21: "Man's senses are prone to evil from his youth" [*Vulgate: 'The imagination and thought of man's heart are prone to evil from his youth.']. Reply Obj. 3: As stated above (Q. 82, A. 3, ad 1), concupiscence is natural to man, in so far as it is subject to reason: whereas, in so far as it is goes beyond the bounds of reason, it is unnatural to man. Reply Obj. 4: Speaking in a general way, every passion can be called a weakness, in so far as it weakens the soul's strength and clogs the reason. Bede, however, took weakness in the strict sense, as contrary to fortitude which pertains to the irascible. Reply Obj. 5: The "difficulty" which is mentioned in this book of Augustine, includes the three wounds affecting the appetitive powers, viz. "malice," "weakness" and "concupiscence," for it is owing to these three that a man finds it difficult to tend to the good. "Error" and "vexation" are consequent wounds, since a man is vexed through being weakened in respect of the objects of his concupiscence. ________________________

Whether Privation of Mode, Species and Order Is the Effect of Sin? Objection 1: It would seem that privation of mode, species and order is not the effect of sin. For Augustine says (De Natura Boni iii) that "where these three abound, the good is great; where they are less, there is less good; where they are not, there is no good at all." But sin does not destroy the good of nature. Therefore it does not destroy mode, species and order. Obj. 2: Further, nothing is its own cause. But sin itself is the "privation of mode, species and order," as Augustine states (De Natura Boni iv). Therefore privation of mode, species and order is not the effect of sin. Obj. 3: Further, different effects result from different sins. Now since mode, species and order are diverse, their corresponding privations must be diverse also, and, consequently, must be the result of different sins. Therefore privation of mode, species and order is not the effect of each sin. _On the contrary,_ Sin is to the soul what weakness is to the body, according to Ps. 6:3, "Have mercy on me, O Lord, for I am weak." Now weakness deprives the body of mode, species and order. _I answer that,_ As stated in the First Part, Q. 5, A. 5, mode, species and order are consequent upon every created good, as such, and also upon every being. Because every being and every good as such depends on its form from which it derives its species. Again, any kind of form, whether substantial or accidental, of anything whatever, is according to some measure, wherefore it is stated in _Metaph._ viii, that "the forms of things are like numbers," so that a form has a certain _mode_ corresponding to its measure. Lastly owing to its form, each thing has a relation of _order_ to something else. Accordingly there are different grades of mode, species and order, corresponding to the different degrees of good. For there is a good belonging to the very substance of nature, which good has its mode, species and order, and is neither destroyed nor diminished by sin. There is again the good of the natural inclination, which also has its mode, species and order; and this is diminished by sin, as stated above (AA. 1, 2), but is not entirely destroyed. Again, there is the good of virtue and grace: this too has its mode, species and order, and is entirely taken away by sin. Lastly, there is a good consisting in the ordinate act itself, which also has its mode, species and order, the privation of which is essentially sin. Hence it is clear both how sin is privation of mode, species and order, and how it destroys or diminishes mode, species and order. This suffices for the Replies to the first two Objections. Reply Obj. 3: Mode, species and order follow one from the other, as explained above: and so they are destroyed or diminished together. ________________________

Whether Death and Other Bodily Defects Are the Result of Sin? Objection 1: It would seem that death and other bodily defects are not the result of sin. Because equal causes have equal effects. Now these defects are not equal in all, but abound in some more than in others, whereas original sin, from which especially these defects seem to result, is equal in all, as stated above (Q. 82, A. 4). Therefore death and suchlike defects are not the result of sin. Obj. 2: Further, if the cause is removed, the effect is removed. But these defects are not removed, when all sin is removed by Baptism or Penance. Therefore they are not the effect of sin. Obj. 3: Further, actual sin has more of the character of guilt than original sin has. But actual sin does not change the nature of the body by subjecting it to some defect. Much less, therefore, does original sin. Therefore death and other bodily defects are not the result of sin. _On the contrary,_ The Apostle says (Rom. 5:12), "By one man sin entered into this world, and by sin death." _I answer that,_ One thing causes another in two ways: first, by reason of itself; secondly, accidentally. By reason of itself, one thing is the cause of another, if it produces its effect by reason of the power of its nature or form, the result being that the effect is directly intended by the cause. Consequently, as death and such like defects are beside the intention of the sinner, it is evident that sin is not, of itself, the cause of these defects. Accidentally, one thing is the cause of another if it causes it by removing an obstacle: thus it is stated in _Phys._ viii, text. 32, that "by displacing a pillar a man moves accidentally the stone resting thereon." In this way the sin of our first parent is the cause of death and all such like defects in human nature, in so far as by the sin of our first parent original justice was taken away, whereby not only were the lower powers of the soul held together under the control of reason, without any disorder whatever, but also the whole body was held together in subjection to the soul, without any defect, as stated in the First Part (Q. 97, A. 1). Wherefore, original justice being forfeited through the sin of our first parent; just as human nature was stricken in the soul by the disorder among the powers, as stated above (A. 3; Q. 82, A. 3), so also it became subject to corruption, by reason of disorder in the body. Now the withdrawal of original justice has the character of punishment, even as the withdrawal of grace has. Consequently, death and all consequent bodily defects are punishments of original sin. And although the defects are not intended by the sinner, nevertheless they are ordered according to the justice of God Who inflicts them as punishments. Reply Obj. 1: Causes that produce their effects of themselves, if equal, produce equal effects: for if such causes be increased or diminished, the effect is increased or diminished. But equal causes of an obstacle being removed, do not point to equal effects. For supposing a man employs equal force in displacing two columns, it does not follow that the movements of the stones resting on them will be equal; but that one will move with greater velocity, which has the greater weight according to the property of its nature, to which it is left when the obstacle to its falling is removed. Accordingly, when original justice is removed, the nature of the human body is left to itself, so that according to diverse natural temperaments, some men's bodies are subject to more defects, some to fewer, although original sin is equal in all. Reply Obj. 2: Both original and actual sin are removed by the same cause that removes these defects, according to the Apostle (Rom. 8:11): "He . . . shall quicken . . . your mortal bodies, because of His Spirit that dwelleth in you": but each is done according to the order of Divine wisdom, at a fitting time. Because it is right that we should first of all be conformed to Christ's sufferings, before attaining to the immortality and impassibility of glory, which was begun in Him, and by Him acquired for us. Hence it behooves that our bodies should remain, for a time, subject to suffering, in order that we may merit the impassibility of glory, in conformity with Christ. Reply Obj. 3: Two things may be considered in actual sin, the substance of the act, and the aspect of fault. As regards the substance of the act, actual sin can cause a bodily defect: thus some sicken and die through eating too much. But as regards the fault, it deprives us of grace which is given to us that we may regulate the acts of the soul, but not that we may ward off defects of the body, as original justice did. Wherefore actual sin does not cause those defects, as original sin does. ________________________

Whether Death and Other Defects Are Natural to Man? Objection 1: It would seem that death and such like defects are natural to man. For "the corruptible and the incorruptible differ generically" (Metaph. x, text. 26). But man is of the same genus as other animals which are naturally corruptible. Therefore man is naturally corruptible. Obj. 2: Further, whatever is composed of contraries is naturally corruptible, as having within itself the cause of corruption. But such is the human body. Therefore it is naturally corruptible. Obj. 3: Further, a hot thing naturally consumes moisture. Now human life is preserved by hot and moist elements. Since therefore the vital functions are fulfilled by the action of natural heat, as stated in _De Anima_ ii, text. 50, it seems that death and such like defects are natural to man. _On the contrary,_ (1) God made in man whatever is natural to him. Now "God made not death" (Wis. 1:13). Therefore death is not natural to man. (2) Further, that which is natural cannot be called either a punishment or an evil: since what is natural to a thing is suitable to it. But death and such like defects are the punishment of original sin, as stated above (A. 5). Therefore they are not natural to man. (3) Further, matter is proportionate to form, and everything to its end. Now man's end is everlasting happiness, as stated above (Q. 2, A. 7; Q. 5, AA. 3, 4): and the form of the human body is the rational soul, as was proved in the First Part (Q. 75, A. 6). Therefore the human body is naturally incorruptible. _I answer that,_ We may speak of any corruptible thing in two ways; first, in respect of its universal nature, secondly, as regards its particular nature. A thing's particular nature is its own power of action and self-preservation. And in respect of this nature, every corruption and defect is contrary to nature, as stated in _De Coelo_ ii, text. 37, since this power tends to the being and preservation of the thing to which it belongs. On the other hand, the universal nature is an active force in some universal principle of nature, for instance in some heavenly body; or again belonging to some superior substance, in which sense God is said by some to be "the Nature Who makes nature." This force intends the good and the preservation of the universe, for which alternate generation and corruption in things are requisite: and in this respect corruption and defect in things are natural, not indeed as regards the inclination of the form which is the principle of being and perfection, but as regards the inclination of matter which is allotted proportionately to its particular form according to the discretion of the universal agent. And although every form intends perpetual being as far as it can, yet no form of a corruptible being can achieve its own perpetuity, except the rational soul; for the reason that the latter is not entirely subject to matter, as other forms are; indeed it has an immaterial operation of its own, as stated in the First Part (Q. 75, A. 2). Consequently as regards his form, incorruption is more natural to man than to other corruptible things. But since that very form has a matter composed of contraries, from the inclination of that matter there results corruptibility in the whole. In this respect man is naturally corruptible as regards the nature of his matter left to itself, but not as regards the nature of his form. The first three objections argue on the side of the matter; while the other three argue on the side of the form. Wherefore in order to solve them, we must observe that the form of man which is the rational soul, in respect of its incorruptibility is adapted to its end, which is everlasting happiness: whereas the human body, which is corruptible, considered in respect of its nature, is, in a way, adapted to its form, and, in another way, it is not. For we may note a twofold condition in any matter, one which the agent chooses, and another which is not chosen by the agent, and is a natural condition of matter. Thus, a smith in order to make a knife, chooses a matter both hard and flexible, which can be sharpened so as to be useful for cutting, and in respect of this condition iron is a matter adapted for a knife: but that iron be breakable and inclined to rust, results from the natural disposition of iron, nor does the workman choose this in the iron, indeed he would do without it if he could: wherefore this disposition of matter is not adapted to the workman's intention, nor to the purpose of his art. In like manner the human body is the matter chosen by nature in respect of its being of a mixed temperament, in order that it may be most suitable as an organ of touch and of the other sensitive and motive powers. Whereas the fact that it is corruptible is due to a condition of matter, and is not chosen by nature: indeed nature would choose an incorruptible matter if it could. But God, to Whom every nature is subject, in forming man supplied the defect of nature, and by the gift of original justice, gave the body a certain incorruptibility, as was stated in the First Part (Q. 97, A. 1). It is in this sense that it is said that "God made not death," and that death is the punishment of sin. This suffices for the Replies to the Objections. ________________________ QUESTION 86 OF THE STAIN OF SIN (In Two Articles) We must now consider the stain of sin; under which head there are two points of inquiry: (1) Whether an effect of sin is a stain on the soul? (2) Whether it remains in the soul after the act of sin? ________________________

Whether Sin Causes a Stain on the Soul? Objection 1: It would seem that sin causes no stain on the soul. For a higher nature cannot be defiled by contact with a lower nature: hence the sun's ray is not defiled by contact with tainted bodies, as Augustine says (Contra Quinque Haereses v). Now the human soul is of a much higher nature than mutable things, to which it turns by sinning. Therefore it does not contract a stain from them by sinning. Obj. 2: Further, sin is chiefly in the will, as stated above (Q. 74, AA. 1, 2). Now the will is in the reason, as stated in _De _Anima iii, text. 42. But the reason or intellect is not stained by considering anything whatever; rather indeed is it perfected thereby. Therefore neither is the will stained by sin. Obj. 3: Further, if sin causes a stain, this stain is either something positive, or a pure privation. If it be something positive, it can only be either a disposition or a habit: for it seems that nothing else can be caused by an act. But it is neither disposition nor habit: for it happens that a stain remains even after the removal of a disposition or habit; for instance, in a man who after committing a mortal sin of prodigality, is so changed as to fall into a sin of the opposite vice. Therefore the stain does not denote anything positive in the soul. Again, neither is it a pure privation. Because all sins agree on the part of aversion and privation of grace: and so it would follow that there is but one stain caused by all sins. Therefore the stain is not the effect of sin. _On the contrary,_ It was said to Solomon (Ecclus. 47:22): "Thou hast stained thy glory": and it is written (Eph. 5:27): "That He might present it to Himself a glorious church not having spot or wrinkle": and in each case it is question of the stain of sin. Therefore a stain is the effect of sin. _I answer that,_ A stain is properly ascribed to corporeal things, when a comely body loses its comeliness through contact with another body, e.g. a garment, gold or silver, or the like. Accordingly a stain is ascribed to spiritual things in like manner. Now man's soul has a twofold comeliness; one from the refulgence of the natural light of reason, whereby he is directed in his actions; the other, from the refulgence of the Divine light, viz. of wisdom and grace, whereby man is also perfected for the purpose of doing good and fitting actions. Now, when the soul cleaves to things by love, there is a kind of contact in the soul: and when man sins, he cleaves to certain things, against the light of reason and of the Divine law, as shown above (Q. 71, A. 6). Wherefore the loss of comeliness occasioned by this contact, is metaphorically called a stain on the soul. Reply Obj. 1: The soul is not defiled by inferior things, by their own power, as though they acted on the soul: on the contrary, the soul, by its own action, defiles itself, through cleaving to them inordinately, against the light of reason and of the Divine law. Reply Obj. 2: The action of the intellect is accomplished by the intelligible thing being in the intellect, according to the mode of the intellect, so that the intellect is not defiled, but perfected, by them. On the other hand, the act of the will consists in a movement towards things themselves, so that love attaches the soul to the thing loved. Thus it is that the soul is stained, when it cleaves inordinately, according to Osee 9:10: "They . . . became abominable as those things were which they loved." Reply Obj. 3: The stain is neither something positive in the soul, nor does it denote a pure privation: it denotes a privation of the soul's brightness in relation to its cause, which is sin; wherefore diverse sins occasion diverse stains. It is like a shadow, which is the privation of light through the interposition of a body, and which varies according to the diversity of the interposed bodies. ________________________

Whether the Stain Remains in the Soul After the Act of Sin? Objection 1: It would seem that the stain does not remain in the soul after the act of sin. For after an action, nothing remains in the soul except habit or disposition. But the stain is not a habit or disposition, as stated above (A. 1, Obj. 3). Therefore the stain does not remain in the soul after the act of sin. Obj. 2: Further, the stain is to the sin what the shadow is to the body, as stated above (A. 1, ad 3). But the shadow does not remain when the body has passed by. Therefore the stain does not remain in the soul when the act of sin is past. Obj. 3: Further, every effect depends on its cause. Now the cause of the stain is the act of sin. Therefore when the act of sin is no longer there, neither is the stain in the soul. _On the contrary,_ It is written (Jos. 22:17): "Is it a small thing to you that you sinned with Beelphegor, and the stain of that crime remaineth in you [Vulg.: 'us'] to this day?" _I answer that,_ The stain of sin remains in the soul even when the act of sin is past. The reason for this is that the stain, as stated above (A. 1), denotes a blemish in the brightness of the soul, on account of its withdrawing from the light of reason or of the Divine law. And therefore so long as man remains out of this light, the stain of sin remains in him: but as soon as, moved by grace, he returns to the Divine light and to the light of reason, the stain is removed. For although the act of sin ceases, whereby man withdrew from the light of reason and of the Divine law, man does not at once return to the state in which he was before, and it is necessary that his will should have a movement contrary to the previous movement. Thus if one man be parted from another on account of some kind of movement, he is not reunited to him as soon as the movement ceases, but he needs to draw nigh to him and to return by a contrary movement. Reply Obj. 1: Nothing positive remains in the soul after the act of sin, except the disposition or habit; but there does remain something privative, viz. the privation of union with the Divine light. Reply Obj. 2: After the interposed body has passed by, the transparent body remains in the same position and relation as regards the illuminating body, and so the shadow passes at once. But when the sin is past, the soul does not remain in the same relation to God: and so there is no comparison. Reply Obj. 3: The act of sin parts man from God, which parting causes the defect of brightness, just as local movement causes local parting. Wherefore, just as when movement ceases, local distance is not removed, so neither, when the act of sin ceases, is the stain removed. ________________________ QUESTION 87 OF THE DEBT OF PUNISHMENT (In Eight Articles) We must now consider the debt of punishment. We shall consider (1) the debt itself; (2) mortal and venial sin, which differ in respect of the punishment due to them. Under the first head there are eight points of inquiry: (1) Whether the debt of punishment is an effect of sin? (2) Whether one sin can be the punishment of another? (3) Whether any sin incurs a debt of eternal punishment? (4) Whether sin incurs a debt of punishment that is infinite in quantity? (5) Whether every sin incurs a debt of eternal and infinite punishment? (6) Whether the debt of punishment can remain after sin? (7) Whether every punishment is inflicted for a sin? (8) Whether one person can incur punishment for another's sin? ________________________

Whether the Debt of Punishment Is an Effect of Sin? Objection 1: It would seem that the debt of punishment is not an effect of sin. For that which is accidentally related to a thing, does not seem to be its proper effect. Now the debt of punishment is accidentally related to sin, for it is beside the intention of the sinner. Therefore the debt of punishment is not an effect of sin. Obj. 2: Further, evil is not the cause of good. But punishment is good, since it is just, and is from God. Therefore it is not an effect of sin, which is evil. Obj. 3: Further, Augustine says (Confess. i) that "every inordinate affection is its own punishment." But punishment does not incur a further debt of punishment, because then it would go on indefinitely. Therefore sin does not incur the debt of punishment. _On the contrary,_ It is written (Rom. 2:9): "Tribulation and anguish upon every soul of man that worketh evil." But to work evil is to sin. Therefore sin incurs a punishment which is signified by the words "tribulation and anguish." _I answer that,_ It has passed from natural things to human affairs that whenever one thing rises up against another, it suffers some detriment therefrom. For we observe in natural things that when one contrary supervenes, the other acts with greater energy, for which reason "hot water freezes more rapidly," as stated in _Meteor._ i, 12. Wherefore we find that the natural inclination of man is to repress those who rise up against him. Now it is evident that all things contained in an order, are, in a manner, one, in relation to the principle of that order. Consequently, whatever rises up against an order, is put down by that order or by the principle thereof. And because sin is an inordinate act, it is evident that whoever sins, commits an offense against an order: wherefore he is put down, in consequence, by that same order, which repression is punishment. Accordingly, man can be punished with a threefold punishment corresponding to the three orders to which the human will is subject. In the first place a man's nature is subjected to the order of his own reason; secondly, it is subjected to the order of another man who governs him either in spiritual or in temporal matters, as a member either of the state or of the household; thirdly, it is subjected to the universal order of the Divine government. Now each of these orders is disturbed by sin, for the sinner acts against his reason, and against human and Divine law. Wherefore he incurs a threefold punishment; one, inflicted by himself, viz. remorse of conscience; another, inflicted by man; and a third, inflicted by God. Reply Obj. 1: Punishment follows sin, inasmuch as this is an evil by reason of its being inordinate. Wherefore just as evil is accidental to the sinner's act, being beside his intention, so also is the debt of punishment. Reply Obj. 2: Further, a just punishment may be inflicted either by God or by man: wherefore the punishment itself is the effect of sin, not directly but dispositively. Sin, however, makes man deserving of punishment, and that is an evil: for Dionysius says (Div. Nom. iv) that "punishment is not an evil, but to deserve punishment is." Consequently the debt of punishment is considered to be directly the effect of sin. Reply Obj. 3: This punishment of the _inordinate affection_ is due to sin as overturning the order of reason. Nevertheless sin incurs a further punishment, through disturbing the order of the Divine or human law. ________________________

Whether Sin Can Be the Punishment of Sin? Objection 1: It would seem that sin cannot be the punishment of sin. For the purpose of punishment is to bring man back to the good of virtue, as the Philosopher declares (Ethic. x, 9). Now sin does not bring man back to the good of virtue, but leads him in the opposite direction. Therefore sin is not the punishment of sin. Obj. 2: Further, just punishments are from God, as Augustine says (Qq. lxxxiii, qu. 82). But sin is not from God, and is an injustice. Therefore sin cannot be the punishment of sin. Obj. 3: Further, the nature of punishment is to be something against the will. But sin is something from the will, as shown above (Q. 74, AA. 1, 2). Therefore sin cannot be the punishment of sin. _On the contrary,_ Gregory speaks (Hom. xi in Ezech.) that some sins are punishments of others. _I answer that,_ We may speak of sin in two ways: first, in its essence, as such; secondly, as to that which is accidental thereto. Sin as such can nowise be the punishment of another. Because sin considered in its essence is something proceeding from the will, for it is from this that it derives the character of guilt. Whereas punishment is essentially something against the will, as stated in the First Part (Q. 48, A. 5). Consequently it is evident that sin regarded in its essence can nowise be the punishment of sin. On the other hand, sin can be the punishment of sin accidentally in three ways. First, when one sin is the cause of another, by removing an impediment thereto. For passions, temptations of the devil, and the like are causes of sin, but are impeded by the help of Divine grace which is withdrawn on account of sin. Wherefore since the withdrawal of grace is a punishment, and is from God, as stated above (Q. 79, A. 3), the result is that the sin which ensues from this is also a punishment accidentally. It is in this sense that the Apostle speaks (Rom. 1:24) when he says: "Wherefore God gave them up to the desires of their heart," i.e. to their passions; because, to wit, when men are deprived of the help of Divine grace, they are overcome by their passions. In this way sin is always said to be the punishment of a preceding sin. Secondly, by reason of the substance of the act, which is such as to cause pain, whether it be an interior act, as is clearly the case with anger or envy, or an exterior act, as is the case with one who endures considerable trouble and loss in order to achieve a sinful act, according to Wis. 5:7: "We wearied ourselves in the way of iniquity." Thirdly, on the part of the effect, so that one sin is said to be a punishment by reason of its effect. In the last two ways, a sin is a punishment not only in respect of a preceding sin, but also with regard to itself. Reply Obj. 1: Even when God punishes men by permitting them to fall into sin, this is directed to the good of virtue. Sometimes indeed it is for the good of those who are punished, when, to wit, men arise from sin, more humble and more cautious. But it is always for the amendment of others, who seeing some men fall from sin to sin, are the more fearful of sinning. With regard to the other two ways, it is evident that the punishment is intended for the sinner's amendment, since the very fact that man endures toil and loss in sinning, is of a nature to withdraw man from sin. Reply Obj. 2: This objection considers sin essentially as such: and the same answer applies to the Third Objection. ________________________

Whether Any Sin Incurs a Debt of Eternal Punishment? Objection 1: It would seem that no sin incurs a debt of eternal punishment. For a just punishment is equal to the fault, since justice is equality: wherefore it is written (Isa. 27:8): "In measure against measure, when it shall be cast off, thou shalt judge it." Now sin is temporal. Therefore it does not incur a debt of eternal punishment. Obj. 2: Further, "punishments are a kind of medicine" (Ethic. ii, 3). But no medicine should be infinite, because it is directed to an end, and "what is directed to an end, is not infinite," as the Philosopher states (Polit. i, 6). Therefore no punishment should be infinite. Obj. 3: Further, no one does a thing always unless he delights in it for its own sake. But "God hath not pleasure in the destruction of men" [Vulg.: 'of the living']. Therefore He will not inflict eternal punishment on man. Obj. 4: Further, nothing accidental is infinite. But punishment is accidental, for it is not natural to the one who is punished. Therefore it cannot be of infinite duration. _On the contrary,_ It is written (Matt. 25:46): "These shall go into everlasting punishment"; and (Mk. 3:29): "He that shall blaspheme against the Holy Ghost, shall never have forgiveness, but shall be guilty of an everlasting sin." _I answer that,_ As stated above (A. 1), sin incurs a debt of punishment through disturbing an order. But the effect remains so long as the cause remains. Wherefore so long as the disturbance of the order remains the debt of punishment must needs remain also. Now disturbance of an order is sometimes reparable, sometimes irreparable: because a defect which destroys the principle is irreparable, whereas if the principle be saved, defects can be repaired by virtue of that principle. For instance, if the principle of sight be destroyed, sight cannot be restored except by Divine power; whereas, if the principle of sight be preserved, while there arise certain impediments to the use of sight, these can be remedied by nature or by art. Now in every order there is a principle whereby one takes part in that order. Consequently if a sin destroys the principle of the order whereby man's will is subject to God, the disorder will be such as to be considered in itself, irreparable, although it is possible to repair it by the power of God. Now the principle of this order is the last end, to which man adheres by charity. Therefore whatever sins turn man away from God, so as to destroy charity, considered in themselves, incur a debt of eternal punishment. Reply Obj. 1: Punishment is proportionate to sin in point of severity, both in Divine and in human judgments. In no judgment, however, as Augustine says (De Civ. Dei xxi, 11) is it requisite for punishment to equal fault in point of duration. For the fact that adultery or murder is committed in a moment does not call for a momentary punishment: in fact they are punished sometimes by imprisonment or banishment for life--sometimes even by death; wherein account is not taken of the time occupied in killing, but rather of the expediency of removing the murderer from the fellowship of the living, so that this punishment, in its own way, represents the eternity of punishment inflicted by God. Now according to Gregory (Dial. iv, 44) it is just that he who has sinned against God in his own eternity should be punished in God's eternity. A man is said to have sinned in his own eternity, not only as regards continual sinning throughout his whole life, but also because, from the very fact that he fixes his end in sin, he has the will to sin, everlastingly. Wherefore Gregory says (Dial. iv, 44) that the "wicked would wish to live without end, that they might abide in their sins for ever." Reply Obj. 2: Even the punishment that is inflicted according to human laws, is not always intended as a medicine for the one who is punished, but sometimes only for others: thus when a thief is hanged, this is not for his own amendment, but for the sake of others, that at least they may be deterred from crime through fear of the punishment, according to Prov. 19:25: "The wicked man being scourged, the fool shall be wiser." Accordingly the eternal punishments inflicted by God on the reprobate, are medicinal punishments for those who refrain from sin through the thought of those punishments, according to Ps. 59:6: "Thou hast given a warning to them that fear Thee, that they may flee from before the bow, that Thy beloved may be delivered." Reply Obj. 3: God does not delight in punishments for their own sake; but He does delight in the order of His justice, which requires them. Reply Obj. 4: Although punishment is related indirectly to nature, nevertheless it is essentially related to the disturbance of the order, and to God's justice. Wherefore, so long as the disturbance lasts, the punishment endures. ________________________

Whether Sin Incurs a Debt of Punishment Infinite in Quantity? Objection 1: It would seem that sin incurs a debt of punishment infinite in quantity. For it is written (Jer. 10:24): "Correct me, O Lord, but yet with judgment: and not in Thy fury, lest Thou bring me to nothing." Now God's anger or fury signifies metaphorically the vengeance of Divine justice: and to be brought to nothing is an infinite punishment, even as to make a thing out of nothing denotes infinite power. Therefore according to God's vengeance, sin is awarded a punishment infinite in quantity. Obj. 2: Further, quantity of punishment corresponds to quantity of fault, according to Deut. 25:2: "According to the measure of the sin shall the measure also of the stripes be." Now a sin which is committed against God, is infinite: because the gravity of a sin increases according to the greatness of the person sinned against (thus it is a more grievous sin to strike the sovereign than a private individual), and God's greatness is infinite. Therefore an infinite punishment is due for a sin committed against God. Obj. 3: Further, a thing may be infinite in two ways, in duration, and in quantity. Now the punishment is infinite in duration. Therefore it is infinite in quantity also. _On the contrary,_ If this were the case, the punishments of all mortal sins would be equal; because one infinite is not greater than another. _I answer that,_ Punishment is proportionate to sin. Now sin comprises two things. First, there is the turning away from the immutable good, which is infinite, wherefore, in this respect, sin is infinite. Secondly, there is the inordinate turning to mutable good. In this respect sin is finite, both because the mutable good itself is finite, and because the movement of turning towards it is finite, since the acts of a creature cannot be infinite. Accordingly, in so far as sin consists in turning away from something, its corresponding punishment is the _pain of loss,_ which also is infinite, because it is the loss of the infinite good, i.e. God. But in so far as sin turns inordinately to something, its corresponding punishment is the _pain of sense,_ which is also finite. Reply Obj. 1: It would be inconsistent with Divine justice for the sinner to be brought to nothing absolutely, because this would be incompatible with the perpetuity of punishment that Divine justice requires, as stated above (A. 3). The expression "to be brought to nothing" is applied to one who is deprived of spiritual goods, according to 1 Cor. 13:2: "If I . . . have not charity, I am nothing." Reply Obj. 2: This argument considers sin as turning away from something, for it is thus that man sins against God. Reply Obj. 3: Duration of punishment corresponds to duration of fault, not indeed as regards the act, but on the part of the stain, for as long as this remains, the debt of punishment remains. But punishment corresponds to fault in the point of severity. And a fault which is irreparable, is such that, of itself, it lasts for ever; wherefore it incurs an everlasting punishment. But it is not infinite as regards the thing it turns to; wherefore, in this respect, it does not incur punishment of infinite quantity. ________________________

Whether Every Sin Incurs a Debt of Eternal Punishment? Objection 1: It would seem that every sin incurs a debt of eternal punishment. Because punishment, as stated above (A. 4), is proportionate to the fault. Now eternal punishment differs infinitely from temporal punishment: whereas no sin, apparently, differs infinitely from another, since every sin is a human act, which cannot be infinite. Since therefore some sins incur a debt of everlasting punishment, as stated above (A. 4), it seems that no sin incurs a debt of mere temporal punishment. Obj. 2: Further, original sin is the least of all sins, wherefore Augustine says (Enchiridion xciii) that "the lightest punishment is incurred by those who are punished for original sin alone." But original sin incurs everlasting punishment, since children who have died in original sin through not being baptized, will never see the kingdom of God, as shown by our Lord's words (John 3:3): "Unless a man be born again, he cannot see the kingdom of God." Much more, therefore, will the punishments of all other sins be everlasting. Obj. 3: Further, a sin does not deserve greater punishment through being united to another sin; for Divine justice has allotted its punishment to each sin. Now a venial sin deserves eternal punishment if it be united to a mortal sin in a lost soul, because in hell there is no remission of sins. Therefore venial sin by itself deserves eternal punishment. Therefore temporal punishment is not due for any sin. _On the contrary,_ Gregory says (Dial. iv, 39), that certain slighter sins are remitted after this life. Therefore all sins are not punished eternally. _I answer that,_ As stated above (A. 3), a sin incurs a debt of eternal punishment, in so far as it causes an irreparable disorder in the order of Divine justice, through being contrary to the very principle of that order, viz. the last end. Now it is evident that in some sins there is disorder indeed, but such as not to involve contrariety in respect of the last end, but only in respect of things referable to the end, in so far as one is too much or too little intent on them without prejudicing the order to the last end: as, for instance, when a man is too fond of some temporal thing, yet would not offend God for its sake, by breaking one of His commandments. Consequently such sins do not incur everlasting, but only temporal punishment. Reply Obj. 1: Sins do not differ infinitely from one another in respect of their turning towards mutable good, which constitutes the substance of the sinful act; but they do differ infinitely in respect of their turning away from something. Because some sins consist in turning away from the last end, and some in a disorder affecting things referable to the end: and the last end differs infinitely from the things that are referred to it. Reply Obj. 2: Original sin incurs everlasting punishment, not on account of its gravity, but by reason of the condition of the subject, viz. a human being deprived of grace, without which there is no remission of sin. The same answer applies to the Third Objection about venial sin. Because eternity of punishment does not correspond to the quantity of the sin, but to its irremissibility, as stated above (A. 3). ________________________

Whether the Debt of Punishment Remains After Sin? Objection 1: It would seem that there remains no debt of punishment after sin. For if the cause be removed the effect is removed. But sin is the cause of the debt of punishment. Therefore, when the sin is removed, the debt of punishment ceases also. Obj. 2: Further, sin is removed by man returning to virtue. Now a virtuous man deserves, not punishment, but reward. Therefore, when sin is removed, the debt of punishment no longer remains. Obj. 3: Further, "Punishments are a kind of medicine" (Ethic. ii, 3). But a man is not given medicine after being cured of his disease. Therefore, when sin is removed the debt of punishment does not remain. _On the contrary,_ It is written (2 Kings xii. 13, 14): "David said to Nathan: I have sinned against the Lord. And Nathan said to David: The Lord also hath taken away thy sin; thou shalt not die. Nevertheless because thou hast given occasion to the enemies of the Lord to blaspheme . . . the child that is born to thee shall die." Therefore a man is punished by God even after his sin is forgiven: and so the debt of punishment remains, when the sin has been removed. _I answer that,_ Two things may be considered in sin: the guilty act, and the consequent stain. Now it is evident that in all actual sins, when the act of sin has ceased, the guilt remains; because the act of sin makes man deserving of punishment, in so far as he transgresses the order of Divine justice, to which he cannot return except he pay some sort of penal compensation, which restores him to the equality of justice; so that, according to the order of Divine justice, he who has been too indulgent to his will, by transgressing God's commandments, suffers, either willingly or unwillingly, something contrary to what he would wish. This restoration of the equality of justice by penal compensation is also to be observed in injuries done to one's fellow men. Consequently it is evident that when the sinful or injurious act has ceased there still remains the debt of punishment. But if we speak of the removal of sin as to the stain, it is evident that the stain of sin cannot be removed from the soul, without the soul being united to God, since it was through being separated from Him that it suffered the loss of its brightness, in which the stain consists, as stated above (Q. 86, A. 1). Now man is united to God by his will. Wherefore the stain of sin cannot be removed from man, unless his will accept the order of Divine justice, that is to say, unless either of his own accord he take upon himself the punishment of his past sin, or bear patiently the punishment which God inflicts on him; and in both ways punishment avails for satisfaction. Now when punishment is satisfactory, it loses somewhat of the nature of punishment: for the nature of punishment is to be against the will; and although satisfactory punishment, absolutely speaking, is against the will, nevertheless in this particular case and for this particular purpose, it is voluntary. Consequently it is voluntary simply, but involuntary in a certain respect, as we have explained when speaking of the voluntary and the involuntary (Q. 6, A. 6). We must, therefore, say that, when the stain of sin has been removed, there may remain a debt of punishment, not indeed of punishment simply, but of satisfactory punishment. Reply Obj. 1: Just as after the act of sin has ceased, the stain remains, as stated above (Q. 86, A. 2), so the debt of punishment also can remain. But when the stain has been removed, the debt of punishment does not remain in the same way, as stated. Reply Obj. 2: The virtuous man does not deserve punishment simply, but he may deserve it as satisfactory: because his very virtue demands that he should do satisfaction for his offenses against God or man. Reply Obj. 3: When the stain is removed, the wound of sin is healed as regards the will. But punishment is still requisite in order that the other powers of the soul be healed, since they were so disordered by the sin committed, so that, to wit, the disorder may be remedied by the contrary of that which caused it. Moreover punishment is requisite in order to restore the equality of justice, and to remove the scandal given to others, so that those who were scandalized at the sin many be edified by the punishment, as may be seen in the example of David quoted above. ________________________

Whether Every Punishment Is Inflicted for a Sin? Objection 1: It would seem that not every punishment is inflicted for a sin. For it is written (John 9:3, 2) about the man born blind: "Neither hath this man sinned, nor his parents . . . that he should be born blind." In like manner we see that many children, those also who have been baptized, suffer grievous punishments, fevers, for instance, diabolical possession, and so forth, and yet there is no sin in them after they have been baptized. Moreover before they are baptized, there is no more sin in them than in the other children who do not suffer such things. Therefore not every punishment is inflicted for a sin. Obj. 2: Further, that sinners should thrive and that the innocent should be punished seem to come under the same head. Now each of these is frequently observed in human affairs, for it is written about the wicked (Ps. 72:5): "They are not in the labor of men: neither shall they be scourged like other men"; and (Job 21:7): "[Why then do] the wicked live, are [they] advanced, and strengthened with riches" (?)[*The words in brackets show the readings of the Vulgate]; and (Hab. 1:13): "Why lookest Thou upon the contemptuous [Vulg.: 'them that do unjust things'], and holdest Thy peace, when the wicked man oppresseth [Vulg.: 'devoureth'], the man that is more just than himself?" Therefore not every punishment is inflicted for a sin. Obj. 3: Further, it is written of Christ (1 Pet. 2:22) that "He did no sin, nor was guile found in His mouth." And yet it is said (1 Pet. 2:21) that "He suffered for us." Therefore punishment is not always inflicted by God for sin. _On the contrary,_ It is written (Job 4:7, seqq.): "Who ever perished innocent? Or when were the just destroyed? _On the contrary,_ I have seen those who work iniquity . . . perishing by the blast of God"; and Augustine writes (Retract. i) that "all punishment is just, and is inflicted for a sin." _I answer that,_ As already stated (A. 6), punishment can be considered in two ways--simply, and as being satisfactory. A satisfactory punishment is, in a way, voluntary. And since those who differ as to the debt of punishment, may be one in will by the union of love, it happens that one who has not sinned, bears willingly the punishment for another: thus even in human affairs we see men take the debts of another upon themselves. If, however, we speak of punishment simply, in respect of its being something penal, it has always a relation to a sin in the one punished. Sometimes this is a relation to actual sin, as when a man is punished by God or man for a sin committed by him. Sometimes it is a relation to original sin: and this, either principally or consequently--principally, the punishment of original sin is that human nature is left to itself, and deprived of original justice: and consequently, all the penalties which result from this defect in human nature. Nevertheless we must observe that sometimes a thing seems penal, and yet is not so simply. Because punishment is a species of evil, as stated in the First Part (Q. 48, A. 5). Now evil is privation of good. And since man's good is manifold, viz. good of the soul, good of the body, and external goods, it happens sometimes that man suffers the loss of a lesser good, that he may profit in a greater good, as when he suffers loss of money for the sake of bodily health, or loss of both of these, for the sake of his soul's health and the glory of God. In such cases the loss is an evil to man, not simply but relatively; wherefore it does not answer to the name of punishment simply, but of medicinal punishment, because a medical man prescribes bitter potions to his patients, that he may restore them to health. And since such like are not punishments properly speaking, they are not referred to sin as their cause, except in a restricted sense: because the very fact that human nature needs a treatment of penal medicines, is due to the corruption of nature which is itself the punishment of original sin. For there was no need, in the state of innocence, for penal exercises in order to make progress in virtue; so that whatever is penal in the exercise of virtue, is reduced to original sin as its cause. Reply Obj. 1: Such like defects of those who are born with them, or which children suffer from, are the effects and the punishments of original sin, as stated above (Q. 85, A. 5); and they remain even after baptism, for the cause stated above (Q. 85, A. 5, ad 2): and that they are not equally in all, is due to the diversity of nature, which is left to itself, as stated above (Q. 85, A. 5, ad 1). Nevertheless, they are directed by Divine providence, to the salvation of men, either of those who suffer, or of others who are admonished by their means--and also to the glory of God. Reply Obj. 2: Temporal and bodily goods are indeed goods of man, but they are of small account: whereas spiritual goods are man's chief goods. Consequently it belongs to Divine justice to give spiritual goods to the virtuous, and to award them as much temporal goods or evils, as suffices for virtue: for, as Dionysius says (Div. Nom. viii), "Divine justice does not enfeeble the fortitude of the virtuous man, by material gifts." The very fact that others receive temporal goods, is detrimental to their spiritual good; wherefore the psalm quoted concludes (verse 6): "Therefore pride hath held them fast." Reply Obj. 3: Christ bore a satisfactory punishment, not for His, but for our sins. ________________________

Whether Anyone Is Punished for Another's Sin? Objection 1: It would seem that one may be punished for another's sin. For it is written (Ex. 20:5): "I am . . . God . . . jealous, visiting the iniquity of the fathers upon the children, unto the third and fourth generation of them that hate Me"; and (Matt. 23:35): "That upon you may come all the just blood that hath been shed upon the earth." Obj. 2: Further, human justice springs from Divine justice. Now, according to human justice, children are sometimes punished for their parents, as in the case of high treason. Therefore also according to Divine justice, one is punished for another's sin. Obj. 3: Further, if it be replied that the son is punished, not for the father's sin, but for his own, inasmuch as he imitates his father's wickedness; this would not be said of the children rather than of outsiders, who are punished in like manner as those whose crimes they imitate. It seems, therefore, that children are punished, not for their own sins, but for those of their parents. _On the contrary,_ It is written (Ezech. 18:20): "The son shall not bear the iniquity of the father." _I answer that,_ If we speak of that satisfactory punishment, which one takes upon oneself voluntarily, one may bear another's punishment, in so far as they are, in some way, one, as stated above (A. 7). If, however, we speak of punishment inflicted on account of sin, inasmuch as it is penal, then each one is punished for his own sin only, because the sinful act is something personal. But if we speak of a punishment that is medicinal, in this way it does happen that one is punished for another's sin. For it has been stated (A. 7) that ills sustained in bodily goods or even in the body itself, are medicinal punishments intended for the health of the soul. Wherefore there is no reason why one should not have such like punishments inflicted on one for another's sin, either by God or by man; e.g. on children for their parents, or on servants for their masters, inasmuch as they are their property so to speak; in such a way, however, that, if the children or the servants take part in the sin, this penal ill has the character of punishment in regard to both the one punished and the one he is punished for. But if they do not take part in the sin, it has the character of punishment in regard to the one for whom the punishment is borne, while, in regard to the one who is punished, it is merely medicinal (except accidentally, if he consent to the other's sin), since it is intended for the good of his soul, if he bears it patiently. With regard to spiritual punishments, these are not merely medicinal, because the good of the soul is not directed to a yet higher good. Consequently no one suffers loss in the goods of the soul without some fault of his own. Wherefore Augustine says (Ep. ad Avit.) [*Ep. ad Auxilium, ccl.], such like punishments are not inflicted on one for another's sin, because, as regards the soul, the son is not the father's property. Hence the Lord assigns the reason for this by saying (Ezech. 18:4): "All souls are Mine." Reply Obj. 1: Both the passages quoted should, seemingly, be referred to temporal or bodily punishments, in so far as children are the property of their parents, and posterity, of their forefathers. Else, if they be referred to spiritual punishments, they must be understood in reference to the imitation of sin, wherefore in Exodus these words are added, "Of them that hate Me," and in the chapter quoted from Matthew (verse 32) we read: "Fill ye up then the measure of your fathers." The sins of the fathers are said to be punished in their children, because the latter are the more prone to sin through being brought up amid their parents' crimes, both by becoming accustomed to them, and by imitating their parents' example, conforming to their authority as it were. Moreover they deserve heavier punishment if, seeing the punishment of their parents, they fail to mend their ways. The text adds, "to the third and fourth generation," because men are wont to live long enough to see the third and fourth generation, so that both the children can witness their parents' sins so as to imitate them, and the parents can see their children's punishments so as to grieve for them. Reply Obj. 2: The punishments which human justice inflicts on one for another's sin are bodily and temporal. They are also remedies or medicines against future sins, in order that either they who are punished, or others may be restrained from similar faults. Reply Obj. 3: Those who are near of kin are said to be punished, rather than outsiders, for the sins of others, both because the punishment of kindred redounds somewhat upon those who sinned, as stated above, in so far as the child is the father's property, and because the examples and the punishments that occur in one's own household are more moving. Consequently when a man is brought up amid the sins of his parents, he is more eager to imitate them, and if he is not deterred by their punishments, he would seem to be the more obstinate, and, therefore, to deserve more severe punishment. ________________________ QUESTION 88 OF VENIAL AND MORTAL SIN (In Six Articles) In the next place, since venial and mortal sins differ in respect of the debt of punishment, we must consider them. First, we shall consider venial sin as compared with mortal sin; secondly, we shall consider venial sin in itself. Under the first head there are six points of inquiry: (1) Whether venial sin is fittingly condivided with mortal sin? (2) Whether they differ generically? (3) Whether venial sin is a disposition to mortal sin? (4) Whether a venial sin can become mortal? (5) Whether a venial sin can become mortal by reason of an aggravating circumstance? (6) Whether a mortal sin can become venial? ________________________

Whether Venial Sin Is Fittingly Condivided with Mortal Sin? Objection 1: It would seem that venial sin is unfittingly condivided with mortal sin. For Augustine says (Contra Faust. xxii, 27): "Sin is a word, deed or desire contrary to the eternal law." But the fact of being against the eternal law makes a sin to be mortal. Consequently every sin is mortal. Therefore venial sin is not condivided with mortal sin. Obj. 2: Further, the Apostle says (1 Cor. 10:31): "Whether you eat or drink, or whatever else you do; do all to the glory of God." Now whoever sins breaks this commandment, because sin is not done for God's glory. Consequently, since to break a commandment is to commit a mortal sin, it seems that whoever sins, sins mortally. Obj. 3: Further, whoever cleaves to a thing by love, cleaves either as enjoying it, or as using it, as Augustine states (De Doctr. Christ. i, 3, 4). But no person, in sinning, cleaves to a mutable good as using it: because he does not refer it to that good which gives us happiness, which, properly speaking, is to use, according to Augustine (De Doctr. Christ. i, 3, 4). Therefore whoever sins enjoys a mutable good. Now "to enjoy what we should use is human perverseness," as Augustine again says (Qq. lxxxiii, qu. 30). Therefore, since "perverseness" [*The Latin 'pervertere' means to overthrow, to destroy, hence 'perversion' of God's law is a mortal sin.] denotes a mortal sin, it seems that whoever sins, sins mortally. Obj. 4: Further, whoever approaches one term, from that very fact turns away from the opposite. Now whoever sins, approaches a mutable good, and, consequently turns away from the immutable good, so that he sins mortally. Therefore venial sin is unfittingly condivided with mortal sin. _On the contrary,_ Augustine says (Tract. xli in Joan.), that "a crime is one that merits damnation, and a venial sin, one that does not." But a crime denotes a mortal sin. Therefore venial sin is fittingly condivided with mortal sin. _I answer that,_ Certain terms do not appear to be mutually opposed, if taken in their proper sense, whereas they are opposed if taken metaphorically: thus "to smile" is not opposed to "being dry"; but if we speak of the smiling meadows when they are decked with flowers and fresh with green hues this is opposed to drought. In like manner if mortal be taken literally as referring to the death of the body, it does not imply opposition to venial, nor belong to the same genus. But if mortal be taken metaphorically, as applied to sin, it is opposed to that which is venial. For sin, being a sickness of the soul, as stated above (Q. 71, A. 1, ad 3; Q. 72, A. 5; Q. 74, A. 9, ad 2), is said to be mortal by comparison with a disease, which is said to be mortal, through causing an irreparable defect consisting in the corruption of a principle, as stated above (Q. 72, A. 5). Now the principle of the spiritual life, which is a life in accord with virtue, is the order to the last end, as stated above (Q. 72, A. 5; Q. 87, A. 3): and if this order be corrupted, it cannot be repaired by any intrinsic principle, but by the power of God alone, as stated above (Q. 87, A. 3), because disorders in things referred to the end, are repaired through the end, even as an error about conclusions can be repaired through the truth of the principles. Hence the defect of order to the last end cannot be repaired through something else as a higher principle, as neither can an error about principles. Wherefore such sins are called mortal, as being irreparable. On the other hand, sins which imply a disorder in things referred to the end, the order to the end itself being preserved, are reparable. These sins are called venial: because a sin receives its acquittal (_veniam_) when the debt of punishment is taken away, and this ceases when the sin ceases, as explained above (Q. 87, A. 6). Accordingly, mortal and venial are mutually opposed as reparable and irreparable: and I say this with reference to the intrinsic principle, but not to the Divine power, which can repair all diseases, whether of the body or of the soul. Therefore venial sin is fittingly condivided with mortal sin. Reply Obj. 1: The division of sin into venial and mortal is not a division of a genus into its species which have an equal share of the generic nature: but it is the division of an analogous term into its parts, of which it is predicated, of the one first, and of the other afterwards. Consequently the perfect notion of sin, which Augustine gives, applies to mortal sin. On the other hand, venial sin is called a sin, in reference to an imperfect notion of sin, and in relation to mortal sin: even as an accident is called a being, in relation to substance, in reference to the imperfect notion of being. For it is not _against_ the law, since he who sins venially neither does what the law forbids, nor omits what the law prescribes to be done; but he acts _beside_ the law, through not observing the mode of reason, which the law intends. Reply Obj. 2: This precept of the Apostle is affirmative, and so it does not bind for all times. Consequently everyone who does not actually refer all his actions to the glory of God, does not therefore act against this precept. In order, therefore, to avoid mortal sin each time that one fails actually to refer an action to God's glory, it is enough to refer oneself and all that one has to God habitually. Now venial sin excludes only actual reference of the human act to God's glory, and not habitual reference: because it does not exclude charity, which refers man to God habitually. Therefore it does not follow that he who sins venially, sins mortally. Reply Obj. 3: He that sins venially, cleaves to temporal good, not as enjoying it, because he does not fix his end in it, but as using it, by referring it to God, not actually but habitually. Reply Obj. 4: Mutable good is not considered to be a term in contraposition to the immutable good, unless one's end is fixed therein: because what is referred to the end has not the character of finality. ________________________

Whether Mortal and Venial Sin Differ Generically? Objection 1: It would seem that venial and mortal sin do not differ generically, so that some sins be generically mortal, and some generically venial. Because human acts are considered to be generically good or evil according to their matter or object, as stated above (Q. 18, A. 2). Now either mortal or venial sin may be committed in regard to any object or matter: since man can love any mutable good, either less than God, which may be a venial sin, or more than God, which is a mortal sin. Therefore venial and mortal sin do not differ generically. Obj. 2: Further, as stated above (A. 1; Q. 72, A. 5; Q. 87, A. 3), a sin is called mortal when it is irreparable, venial when it can be repaired. Now irreparability belongs to sin committed out of malice, which, according to some, is irremissible: whereas reparability belongs to sins committed through weakness or ignorance, which are remissible. Therefore mortal and venial sin differ as sin committed through malice differs from sin committed through weakness or ignorance. But, in this respect, sins differ not in genus but in cause, as stated above (Q. 77, A. 8, ad 1). Therefore venial and mortal sin do not differ generically. Obj. 3: Further, it was stated above (Q. 74, A. 3, ad 3; A. 10) that sudden movements both of the sensuality and of the reason are venial sins. But sudden movements occur in every kind of sin. Therefore no sins are generically venial. _On the contrary,_ Augustine, in a sermon on Purgatory (De Sanctis, serm. xli), enumerates certain generic venial sins, and certain generic mortal sins. _I answer that,_ Venial sin is so called from _venia_ (pardon). Consequently a sin may be called venial, first of all, because it has been pardoned: thus Ambrose says that "penance makes every sin venial": and this is called venial "from the result." Secondly, a sin is called venial because it does not contain anything either partially or totally, to prevent its being pardoned: partially, as when a sin contains something diminishing its guilt, e.g. a sin committed through weakness or ignorance: and this is called venial "from the cause": totally, through not destroying the order to the last end, wherefore it deserves temporal, but not everlasting punishment. It is of this venial sin that we wish to speak now. For as regards the first two, it is evident that they have no determinate genus: whereas venial sin, taken in the third sense, can have a determinate genus, so that one sin may be venial generically, and another generically mortal, according as the genus or species of an act is determined by its object. For, when the will is directed to a thing that is in itself contrary to charity, whereby man is directed to his last end, the sin is mortal by reason of its object. Consequently it is a mortal sin generically, whether it be contrary to the love of God, e.g. blasphemy, perjury, and the like, or against the love of one's neighbor, e.g. murder, adultery, and such like: wherefore such sins are mortal by reason of their genus. Sometimes, however, the sinner's will is directed to a thing containing a certain inordinateness, but which is not contrary to the love of God and one's neighbor, e.g. an idle word, excessive laughter, and so forth: and such sins are venial by reason of their genus. Nevertheless, since moral acts derive their character of goodness and malice, not only from their objects, but also from some disposition of the agent, as stated above (Q. 18, AA. 4, 6), it happens sometimes that a sin which is venial generically by reason of its object, becomes mortal on the part of the agent, either because he fixes his last end therein, or because he directs it to something that is a mortal sin in its own genus; for example, if a man direct an idle word to the commission of adultery. In like manner it may happen, on the part of the agent, that a sin generically mortal because venial, by reason of the act being imperfect, i.e. not deliberated by reason, which is the proper principle of an evil act, as we have said above in reference to sudden movements of unbelief. Reply Obj. 1: The very fact that anyone chooses something that is contrary to divine charity, proves that he prefers it to the love of God, and consequently, that he loves it more than he loves God. Hence it belongs to the genus of some sins, which are of themselves contrary to charity, that something is loved more than God; so that they are mortal by reason of their genus. Reply Obj. 2: This argument considers those sins which are venial from their cause. Reply Obj. 3: This argument considers those sins which are venial by reason of the imperfection of the act. ________________________

Whether Venial Sin Is a Disposition to Mortal Sin? Objection 1: It would seem that venial sin is not a disposition to mortal sin. For one contrary does not dispose to another. But venial and mortal sin are condivided as contrary to one another, as stated above (A. 1). Therefore venial sin is not a disposition to mortal sin. Obj. 2: Further, an act disposes to something of like species, wherefore it is stated in _Ethic._ ii, 1, 2, that "from like acts like dispositions and habits are engendered." But mortal and venial sin differ in genus or species, as stated above (A. 2). Therefore venial sin does not dispose to mortal sin. Obj. 3: Further, if a sin is called venial because it disposes to mortal sin, it follows that whatever disposes to mortal sin is a venial sin. Now every good work disposes to mortal sin; wherefore Augustine says in his Rule (Ep. ccxi) that "pride lies in wait for good works that it may destroy them." Therefore even good works would be venial sins, which is absurd. _On the contrary,_ It is written (Ecclus. 19:1): "He that contemneth small things shall fall by little and little." Now he that sins venially seems to contemn small things. Therefore by little and little he is disposed to fall away together into mortal sin. _I answer that,_ A disposition is a kind of cause; wherefore as there is a twofold manner of cause, so is there a twofold manner of disposition. For there is a cause which moves directly to the production of the effect, as a hot thing heats: and there is a cause which moves indirectly, by removing an obstacle, as he who displaces a pillar is said to displace the stone that rests on it. Accordingly an act of sin disposes to something in two ways. First, directly, and thus it disposes to an act of like species. In this way, a sin generically venial does not, primarily and of its nature, dispose to a sin generically mortal, for they differ in species. Nevertheless, in this same way, a venial sin can dispose, by way of consequence, to a sin which is mortal on the part of the agent: because the disposition or habit may be so far strengthened by acts of venial sin, that the lust of sinning increases, and the sinner fixes his end in that venial sin: since the end for one who has a habit, as such, is to work according to that habit; and the consequence will be that, by sinning often venially, he becomes disposed to a mortal sin. Secondly, a human act disposes to something by removing an obstacle thereto. In this way a sin generically venial can dispose to a sin generically mortal. Because he that commits a sin generically venial, turns aside from some particular order; and through accustoming his will not to be subject to the due order in lesser matters, is disposed not to subject his will even to the order of the last end, by choosing something that is a mortal sin in its genus. Reply Obj. 1: Venial and mortal sin are not condivided in contrariety to one another, as though they were species of one genus, as stated above (A. 1, ad 1), but as an accident is condivided with substance. Wherefore an accident can be a disposition to a substantial form, so can a venial sin dispose to mortal. Reply Obj. 2: Venial sin is not like mortal sin in species; but it is in genus, inasmuch as they both imply a defect of due order, albeit in different ways, as stated (AA. 1, 2). Reply Obj. 3: A good work is not, of itself, a disposition to mortal sin; but it can be the matter or occasion of mortal sin accidentally; whereas a venial sin, of its very nature, disposes to mortal sin, as stated. ________________________

Whether a Venial Sin Can Become Mortal? Objection 1: It would seem that a venial sin can become a mortal sin. For Augustine in explaining the words of John 3:36: "He that believeth not the Son, shall not see life," says (Tract. xii in Joan.): "The slightest," i.e. venial, "sins kill if we make little of them." Now a sin is called mortal through causing the spiritual death of the soul. Therefore a venial sin can become mortal. Obj. 2: Further, a movement in the sensuality before the consent of reason, is a venial sin, but after consent, is a mortal sin, as stated above (Q. 74, A. 8, ad 2). Therefore a venial sin can become mortal. Obj. 3: Further, venial and mortal sin differ as curable and incurable disease, as stated above (A. 1). But a curable disease may become incurable. Therefore a venial sin may become mortal. Obj. 4: Further, a disposition may become a habit. Now venial sin is a disposition to mortal, as stated (A. 3). Therefore a venial sin can become mortal. _I answer that,_ The fact of a venial sin becoming a mortal sin may be understood in three ways. First, so that the same identical act be at first a venial, and then a mortal sin. This is impossible: because a sin, like any moral act, consists chiefly in an act of the will: so that an act is not one morally, if the will be changed, although the act be continuous physically. If, however, the will be not changed, it is not possible for a venial sin to become mortal. Secondly, this may be taken to mean that a sin generically venial, becomes mortal. This is possible, in so far as one may fix one's end in that venial sin, or direct it to some mortal sin as end, as stated above (A. 2). Thirdly, this may be understood in the sense of many venial sins constituting one mortal sin. If this be taken as meaning that many venial sins added together make one mortal sin, it is false, because all the venial sins in the world cannot incur a debt of punishment equal to that of one mortal sin. This is evident as regards the duration of the punishment, since mortal sin incurs a debt of eternal punishment, while venial sin incurs a debt of temporal punishment, as stated above (Q. 87, AA. 3, 5). It is also evident as regards the pain of loss, because mortal sins deserve to be punished by the privation of seeing God, to which no other punishment is comparable, as Chrysostom states (Hom. xxiv in Matth.). It is also evident as regards the pain of sense, as to the remorse of conscience; although as to the pain of fire, the punishments may perhaps not be improportionate to one another. If, however, this be taken as meaning that many venial sins make one mortal sin dispositively, it is true, as was shown above (A. 3) with regard to the two different manners of disposition, whereby venial sin disposes to mortal sin. Reply Obj. 1: Augustine is referring to the fact of many venial sins making one mortal sin dispositively. Reply Obj. 2: The same movement of the sensuality which preceded the consent of reason can never become a mortal sin; but the movement of the reason in consenting is a mortal sin. Reply Obj. 3: Disease of the body is not an act, but an abiding disposition; wherefore, while remaining the same disease, it may undergo change. On the other hand, venial sin is a transient act, which cannot be taken up again: so that in this respect the comparison fails. Reply Obj. 4: A disposition that becomes a habit, is like an imperfect thing in the same species; thus imperfect science, by being perfected, becomes a habit. On the other hand, venial sin is a disposition to something differing generically, even as an accident which disposes to a substantial form, into which it is never changed. ________________________

Whether a Circumstance Can Make a Venial Sin to Be Mortal? Objection 1: It would seem that a circumstance can make a venial sin mortal. For Augustine says in a sermon on Purgatory (De Sanctis, serm. xli) that "if anger continue for a long time, or if drunkenness be frequent, they become mortal sins." But anger and drunkenness are not mortal but venial sins generically, else they would always be mortal sins. Therefore a circumstance makes a venial sin to be mortal. Obj. 2: Further, the Master says (Sentent. ii, D, 24) that delectation, if morose [*See Q. 74, A. 6], is a mortal sin, but that if it be not morose, it is a venial sin. Now moroseness is a circumstance. Therefore a circumstance makes a venial sin to be mortal. Obj. 3: Further, evil and good differ more than venial and mortal sin, both of which are generically evil. But a circumstance makes a good act to be evil, as when a man gives an alms for vainglory. Much more, therefore, can it make a venial sin to be mortal. _On the contrary,_ Since a circumstance is an accident, its quantity cannot exceed that of the act itself, derived from the act's genus, because the subject always excels its accident. If, therefore, an act be venial by reason of its genus, it cannot become mortal by reason of an accident: since, in a way, mortal sin infinitely surpasses the quantity of venial sin, as is evident from what has been said (Q. 72, A. 5, ad 1; Q. 87, A. 5, ad 1). _I answer that,_ As stated above (Q. 7, A. 1; Q. 18, A. 5, ad 4; AA. 10, 11), when we were treating of circumstances, a circumstance, as such, is an accident of the moral act: and yet a circumstance may happen to be taken as the specific difference of a moral act, and then it loses its nature of circumstance, and constitutes the species of the moral act. This happens in sins when a circumstance adds the deformity of another genus; thus when a man has knowledge of another woman than his wife, the deformity of his act is opposed to chastity; but if this other be another man's wife, there is an additional deformity opposed to justice which forbids one to take what belongs to another; and accordingly this circumstance constitutes a new species of sin known as adultery. It is, however, impossible for a circumstance to make a venial sin become mortal, unless it adds the deformity of another species. For it has been stated above (A. 1) that the deformity of a venial sin consists in a disorder affecting things that are referred to the end, whereas the deformity of a mortal sin consists in a disorder about the last end. Consequently it is evident that a circumstance cannot make a venial sin to be mortal, so long as it remains a circumstance, but only when it transfers the sin to another species, and becomes, as it were, the specific difference of the moral act. Reply Obj. 1: Length of time is not a circumstance that draws a sin to another species, nor is frequency or custom, except perhaps by something accidental supervening. For an action does not acquire a new species through being repeated or prolonged, unless by chance something supervene in the repeated or prolonged act to change its species, e.g. disobedience, contempt, or the like. We must therefore reply to the objection by saying that since anger is a movement of the soul tending to the hurt of one's neighbor, if the angry movement tend to a hurt which is a mortal sin generically, such as murder or robbery, that anger will be a mortal sin generically: and if it be a venial sin, this will be due to the imperfection of the act, in so far as it is a sudden movement of the sensuality: whereas, if it last a long time, it returns to its generic nature, through the consent of reason. If, on the other hand, the hurt to which the angry movement tends, is a sin generically venial, for instance, if a man be angry with someone, so as to wish to say some trifling word in jest that would hurt him a little, the anger will not be mortal sin, however long it last, unless perhaps accidentally; for instance, if it were to give rise to great scandal or something of the kind. With regard to drunkenness we reply that it is a mortal sin by reason of its genus; for, that a man, without necessity, and through the mere lust of wine, make himself unable to use his reason, whereby he is directed to God and avoids committing many sins, is expressly contrary to virtue. That it be a venial sin, is due some sort of ignorance or weakness, as when a man is ignorant of the strength of the wine, or of his own unfitness, so that he has no thought of getting drunk, for in that case the drunkenness is not imputed to him as a sin, but only the excessive drink. If, however, he gets drunk frequently, this ignorance no longer avails as an excuse, for his will seems to choose to give way to drunkenness rather than to refrain from excess of wine: wherefore the sin returns to its specific nature. Reply Obj. 2: Morose delectation is not a mortal sin except in those matters which are mortal sins generically. In such matters, if the delectation be not morose, there is a venial sin through imperfection of the act, as we have said with regard to anger (ad 1): because anger is said to be lasting, and delectation to be morose, on account of the approval of the deliberating reason. Reply Obj. 3: A circumstance does not make a good act to be evil, unless it constitute the species of a sin, as we have stated above (Q. 18, A. 5, ad 4). ________________________

Whether a Mortal Sin Can Become Venial? Objection 1: It would seem that a mortal sin can become venial. Because venial sin is equally distant from mortal, as mortal sin is from venial. But a venial sin can become mortal, as stated above (A. 5). Therefore also a mortal sin can become venial. Obj. 2: Further, venial and mortal sin are said to differ in this, that he who sins mortally loves a creature more than God, while he who sins venially loves the creature less than God. Now it may happen that a person in committing a sin generically mortal, loves a creature less than God; for instance, if anyone being ignorant that simple fornication is a mortal sin, and contrary to the love of God, commits the sin of fornication, yet so as to be ready, for the love of God, to refrain from that sin if he knew that by committing it he was acting counter to the love of God. Therefore his will be a venial sin; and accordingly a mortal sin can become venial. Obj. 3: Further, as stated above (A. 5, Obj. 3), good is more distant from evil, than venial from mortal sin. But an act which is evil in itself, can become good; thus to kill a man may be an act of justice, as when a judge condemns a thief to death. Much more therefore can a mortal sin become venial. _On the contrary,_ An eternal thing can never become temporal. But mortal sin deserves eternal punishment, whereas venial sin deserves temporal punishment. Therefore a mortal sin can never become venial. _I answer that,_ Venial and mortal differ as perfect and imperfect in the genus of sin, as stated above (A. 1, ad 1). Now the imperfect can become perfect, by some sort of addition: and, consequently, a venial sin can become mortal, by the addition of some deformity pertaining to the genus of mortal sin, as when a man utters an idle word for the purpose of fornication. On the other hand, the perfect cannot become imperfect, by addition; and so a mortal sin cannot become venial, by the addition of a deformity pertaining to the genus of venial sin, for the sin is not diminished if a man commit fornication in order to utter an idle word; rather is it aggravated by the additional deformity. Nevertheless a sin which is generically mortal, can become venial by reason of the imperfection of the act, because then it does not completely fulfil the conditions of a moral act, since it is not a deliberate, but a sudden act, as is evident from what we have said above (A. 2). This happens by a kind of subtraction, namely, of deliberate reason. And since a moral act takes its species from deliberate reason, the result is that by such a subtraction the species of the act is destroyed. Reply Obj. 1: Venial differs from mortal as imperfect from perfect, even as a boy differs from a man. But the boy becomes a man and not vice versa. Hence the argument does not prove. Reply Obj. 2: If the ignorance be such as to excuse sin altogether, as the ignorance of a madman or an imbecile, then he that commits fornication in a state of such ignorance, commits no sin either mortal or venial. But if the ignorance be not invincible, then the ignorance itself is a sin, and contains within itself the lack of the love of God, in so far as a man neglects to learn those things whereby he can safeguard himself in the love of God. Reply Obj. 3: As Augustine says (Contra Mendacium vii), "those things which are evil in themselves, cannot be well done for any good end." Now murder is the slaying of the innocent, and this can nowise be well done. But, as Augustine states (De Lib. Arb. i, 4, 5), the judge who sentences a thief to death, or the soldier who slays the enemy of the common weal, are not murderers. ________________________ QUESTION 89 OF VENIAL SIN IN ITSELF (In Six Articles) We must now consider venial sin in itself, and under this head there are six points of inquiry: (1) Whether venial sin causes a stain in the soul? (2) Of the different kinds of venial sin, as denoted by "wood," "hay," "stubble" (1 Cor. 3:12); (3) Whether man could sin venially in the state of innocence? (4) Whether a good or a wicked angel can sin venially? (5) Whether the movements of unbelievers are venial sins? (6) Whether venial sin can be in a man with original sin alone? ________________________

Whether Venial Sin Causes a Stain on the Soul? Objection 1: It would seem that venial sin causes a stain in the soul. For Augustine says (De Poenit.) [*Hom. 50, inter. L., 2], that if venial sins be multiplied, they destroy the beauty of our souls so as to deprive us of the embraces of our heavenly spouse. But the stain of sin is nothing else but the loss of the soul's beauty. Therefore venial sins cause a stain in the soul. Obj. 2: Further, mortal sin causes a stain in the soul, on account of the inordinateness of the act and of the sinner's affections. But, in venial sin, there is an inordinateness of the act and of the affections. Therefore venial sin causes a stain in the soul. Obj. 3: Further, the stain on the soul is caused by contact with a temporal thing, through love thereof as stated above (Q. 86, A. 1). But, in venial sin, the soul is in contact with a temporal thing through inordinate love. therefore, venial sin brings a stain on the soul. _On the contrary,_ it is written, (Eph. 5:27): "That He might present it to Himself a glorious church, not having spot or wrinkle," on which the gloss says: "i.e., some grievous sin." Therefore it seems proper to mortal sin to cause a stain on the soul. I answer that as stated above (Q. 86, A. 1), a stain denotes a loss of comeliness due to contact with something, as may be seen in corporeal matters, from which the term has been transferred to the soul, by way of similitude. Now, just as in the body there is a twofold comeliness, one resulting from the inward disposition of the members and colors, the other resulting from outward refulgence supervening, so too, in the soul, there is a twofold comeliness, one habitual and, so to speak, intrinsic, the other actual like an outward flash of light. Now venial sin is a hindrance to actual comeliness, but not to habitual comeliness, because it neither destroys nor diminishes the habit of charity and of the other virtues, as we shall show further on (II-II, Q. 24, A. 10; Q. 133, A. 1, ad 2), but only hinders their acts. On the other hand a stain denotes something permanent in the thing stained, wherefore it seems in the nature of a loss of habitual rather than of actual comeliness. Therefore, properly speaking, venial sin does not cause a stain in the soul. If, however, we find it stated anywhere that it does induce a stain, this is in a restricted sense, in so far as it hinders the comeliness that results from acts of virtue. Reply Obj. 1: Augustine is speaking of the case in which many venial sins lead to mortal sin dispositively: because otherwise they would not sever the soul from its heavenly spouse. Reply Obj. 2: In mortal sin the inordinateness of the act destroys the habit of virtue, but not in venial sin. Reply Obj. 3: In mortal sin the soul comes into contact with a temporal thing as its end, so that the shedding of the light of grace, which accrues to those who, by charity, cleave to God as their last end, is entirely cut off. _On the contrary,_ in venial sin, man does not cleave to a creature as his last end: hence there is no comparison. ________________________

Whether Venial Sins Are Suitably Designated As "Wood, Hay, and Stubble"? Objection 1: It would seem that venial sins are unsuitably designated as "wood, hay, and stubble." Because wood, hay, and stubble are said (1 Cor. 3:12) to be built on a spiritual foundation. Now venial sins are something outside a spiritual foundation, even as false opinions are outside the pale of science. Therefore, venial sins are not suitably designated as wood, hay, and stubble. Obj. 2: Further, he who builds wood, hay, and stubble, "shall be saved yet so as by fire" (1 Cor. 3:15). But sometimes the man who commits a venial sin, will not be saved, even by fire, e.g. when a man dies in mortal sin to which venial sins are attached. Therefore, venial sins are unsuitably designated by wood, hay, and stubble. Obj. 3: Further, according to the Apostle (1 Cor. 3:12) those who build "gold, silver, precious stones," i.e. love of God and our neighbor, and good works, are others from those who build wood, hay, and stubble. But those even who love God and their neighbor, and do good works, commit venial sins: for it is written (1 John 1:8): "If we say that we have no sin, we deceive ourselves." Therefore venial sins are not suitably designated by these three. Obj. 4: Further, there are many more than three differences and degrees of venial sins. Therefore they are unsuitably comprised under these three. _On the contrary,_ The Apostle says (1 Cor. 3:15) that the man who builds up wood, hay and stubble, "shall be saved yet so as by fire," so that he will suffer punishment, but not everlasting. Now the debt of temporal punishment belongs properly to venial sin, as stated above (Q. 87, A. 5). Therefore these three signify venial sins. _I answer that,_ Some have understood the "foundation" to be dead faith, upon which some build good works, signified by gold, silver, and precious stones, while others build mortal sins, which according to them are designated by wood, hay and stubble. But Augustine disapproves of this explanation (De Fide et Oper. xv), because, as the Apostle says (Gal. 5:21), he who does the works of the flesh, "shall not obtain the kingdom of God," which signifies to be saved; whereas the Apostle says that he who builds wood, hay, and stubble "shall be saved yet so as by fire." Consequently wood, hay, stubble cannot be understood to denote mortal sins. Others say that wood, hay, stubble designate good works, which are indeed built upon the spiritual edifice, but are mixed with venial sins: as, when a man is charged with the care of a family, which is a good thing, excessive love of his wife or of his children or of his possessions insinuates itself into his life, under God however, so that, to wit, for the sake of these things he would be unwilling to do anything in opposition to God. But neither does this seem to be reasonable. For it is evident that all good works are referred to the love of God, and one's neighbor, wherefore they are designated by "gold," "silver," and "precious stones," and consequently not by "wood," "hay," and "stubble." We must therefore say that the very venial sins that insinuate themselves into those who have a care for earthly things, are designated by wood, hay, and stubble. For just as these are stored in a house, without belonging to the substance of the house, and can be burnt, while the house is saved, so also venial sins are multiplied in a man, while the spiritual edifice remains, and for them, man suffers fire, either of temporal trials in this life, or of purgatory after this life, and yet he is saved for ever. Reply Obj. 1: Venial sins are not said to be built upon the spiritual foundation, as though they were laid directly upon it, but because they are laid beside it; in the same sense as it is written (Ps. 136:1): "Upon the waters of Babylon," i.e. "beside the waters": because venial sins do not destroy the edifice. Reply Obj. 2: It is not said that everyone who builds wood, hay and stubble, shall be saved as by fire, but only those who build "upon" the "foundation." And this foundation is not dead faith, as some have esteemed, but faith quickened by charity, according to Eph. 3:17: "Rooted and founded in charity." Accordingly, he that dies in mortal sin with venial sins, has indeed wood, hay, and stubble, but not built upon the spiritual edifice; and consequently he will not be saved so as by fire. Reply Obj. 3: Although those who are withdrawn from the care of temporal things, sin venially sometimes, yet they commit but slight venial sins, and in most cases they are cleansed by the fervor of charity: wherefore they do not build up venial sins, because these do not remain long in them. But the venial sins of those who are busy about earthly things remain longer, because they are unable to have such frequent recourse to the fervor of charity in order to remove them. Reply Obj. 4: As the Philosopher says (De Coelo i, text. 2), "all things are comprised under three, the beginning, the middle, the end." Accordingly all degrees of venial sins are reduced to three, viz. to "wood," which remains longer in the fire; "stubble," which is burnt up at once; and "hay," which is between these two: because venial sins are removed by fire, quickly or slowly, according as man is more or less attached to them. ________________________

Whether Man Could Commit a Venial Sin in the State of Innocence? Objection 1: It would seem that man could commit a venial sin in the state of innocence. Because on 1 Tim. 2:14, "Adam was not seduced," a gloss says: "Having had no experience of God's severity, it was possible for him to be so mistaken as to think that what he had done was a venial sin." But he would not have thought this unless he could have committed a venial sin. Therefore he could commit a venial sin without sinning mortally. Obj. 2: Further Augustine says (Gen. ad lit. xi, 5): "We must not suppose that the tempter would have overcome man, unless first of all there had arisen in man's soul a movement of vainglory which should have been checked." Now the vainglory which preceded man's defeat, which was accomplished through his falling into mortal sin, could be nothing more than a venial sin. In like manner, Augustine says (Gen. ad lit. xi, 5) that "man was allured by a certain desire of making the experiment, when he saw that the woman did not die when she had taken the forbidden fruit." Again there seems to have been a certain movement of unbelief in Eve, since she doubted what the Lord had said, as appears from her saying (Gen. 3:3): "Lest perhaps we die." Now these apparently were venial sins. Therefore man could commit a venial sin before he committed a mortal sin. Obj. 3: Further, mortal sin is more opposed to the integrity of the original state, than venial sin is. Now man could sin mortally notwithstanding the integrity of the original state. Therefore he could also sin venially. _On the contrary,_ Every sin deserves some punishment. But nothing penal was possible in the state of innocence, as Augustine declares (De Civ. Dei xiv, 10). Therefore he could not commit a sin that would not deprive him of that state of integrity. But venial sin does not change man's state. Therefore he could not sin venially. _I answer that,_ It is generally admitted that man could not commit a venial sin in the state of innocence. This, however, is not to be understood as though on account of the perfection of his state, the sin which is venial for us would have been mortal for him, if he had committed it. Because the dignity of a person is circumstance that aggravates a sin, but it does not transfer it to another species, unless there be an additional deformity by reason of disobedience, or vow or the like, which does not apply to the question in point. Consequently what is venial in itself could not be changed into mortal by reason of the excellence of the original state. We must therefore understand this to mean that he could not sin venially, because it was impossible for him to commit a sin which was venial in itself, before losing the integrity of the original state by sinning mortally. The reason for this is because venial sin occurs in us, either through the imperfection of the act, as in the case of sudden movements, in a genus of mortal sin or through some inordinateness in respect of things referred to the end, the due order of the end being safeguarded. Now each of these happens on account of some defect of order, by reason of the lower powers not being checked by the higher. Because the sudden rising of a movement of the sensuality in us is due to the sensuality not being perfectly subject to reason: and the sudden rising of a movement of reason itself is due, in us, to the fact that the execution of the act of reason is not subject to the act of deliberation which proceeds from a higher good, as stated above (Q. 74, A. 10); and that the human mind be out of order as regards things directed to the end, the due order of the end being safeguarded, is due to the fact that the things referred to the end are not infallibly directed under the end, which holds the highest place, being the beginning, as it were, in matters concerning the appetite, as stated above (Q. 10, AA. 1, 2, ad 3; Q. 72, A. 5). Now, in the state of innocence, as stated in the First Part (Q. 95, A. 1), there was an unerring stability of order, so that the lower powers were always subjected to the higher, so long as man remained subject to God, as Augustine says (De Civ. Dei xiv, 13). Hence there can be no inordinateness in man, unless first of all the highest part of man were not subject to God, which constitutes a mortal sin. From this it is evident that, in the state of innocence, man could not commit a venial sin, before committing a mortal sin. Reply Obj. 1: In the passage quoted, venial is not taken in the same sense as we take it now; but by venial sin we mean that which is easily forgiven. Reply Obj. 2: This vainglory which preceded man's downfall, was his first mortal sin, for it is stated to have preceded his downfall into the outward act of sin. This vainglory was followed, in the man, by the desire to make and experiment, and in the woman, by doubt, for she gave way to vainglory, merely through hearing the serpent mention the precept, as though she refused to be held in check by the precept. Reply Obj. 3: Mortal sin is opposed to the integrity of the original state in the fact of its destroying that state: this a venial sin cannot do. And because the integrity of the primitive state is incompatible with any inordinateness whatever, the result is that the first man could not sin venially, before committing a mortal sin. ________________________

Whether a Good or a Wicked Angel Can Sin Venially? Objection 1: It seems that a good or wicked angel can sin venially. Because man agrees with the angels in the higher part of his soul which is called the mind, according to Gregory, who says (Hom. xxix in Evang.) that "man understands in common with the angels." But man can commit a venial sin in the higher part of his soul. Therefore an angel can commit a venial sin also. Obj. 2: Further, He that can do more can do less. But an angel could love a created good more than God, and he did, by sinning mortally. Therefore he could also love a creature less than God inordinately, by sinning venially. Obj. 3: Further, wicked angels seem to do things which are venial sins generically, by provoking men to laughter, and other like frivolities. Now the circumstance of the person does not make a mortal sin to be venial as stated above (A. 3), unless there is a special prohibition, which is not the case in point. Therefore an angel can sin venially. _On the contrary,_ The perfection of an angel is greater than that of man in the primitive state. But man could not sin venially in the primitive state, and much less, therefore, can an angel. _I answer that,_ An angel's intellect, as stated above in the First Part (Q. 58, A. 3; Q. 79, A. 8), is not discursive, i.e. it does not proceed from principles to conclusions, so as to understand both separately, as we do. Consequently, whenever the angelic intellect considers a conclusion, it must, of necessity, consider it in its principles. Now in matters of appetite, as we have often stated (Q. 8, A. 2; Q. 10, A. 1; Q. 72, A. 5), ends are like principles, while the means are like conclusions. Wherefore, an angel's mind is not directed to the means, except as they stand under the order to the end. Consequently, from their very nature, they can have no inordinateness in respect of the means, unless at the same time they have an inordinateness in respect of the end, and this is a mortal sin. Now good angels are not moved to the means, except in subordination to the due end which is God: wherefore all their acts are acts of charity, so that no venial sin can be in them. On the other hand, wicked angels are moved to nothing except in subordination to the end which is their sin of pride. Therefore they sin mortally in everything that they do of their own will. This does not apply to the appetite for the natural good, which appetite we have stated to be in them (I, Q. 63, A. 4; Q. 64, A. 2, ad 5). Reply Obj. 1: Man does indeed agree with the angels in the mind or intellect, but he differs in his mode of understanding, as stated above. Reply Obj. 2: An angel could not love a creature less than God, without, at the same time, either referring it to God, as the last end, or to some inordinate end, for the reason given above. Reply Obj. 3: The demons incite man to all such things which seem venial, that he may become used to them, so as to lead him on to mortal sin. Consequently in all such things they sin mortally, on account of the end they have in view. ________________________

Whether the First Movements of the Sensuality in Unbelievers Are Mortal Sin? Objection 1: It would seem that the first movements of the sensuality in unbelievers are mortal sins. For the Apostle says (Rom. 8:1) that "there is . . . no condemnation to them that are in Christ Jesus, who walk not according to the flesh": and he is speaking there of the concupiscence of the sensuality, as appears from the context (Rom. 7). Therefore the reason why concupiscence is not a matter of condemnation to those who walk not according to the flesh, i.e. by consenting to concupiscence, is because they are in Christ Jesus. But unbelievers are not in Christ Jesus. Therefore in unbelievers this is a matter of condemnation. Therefore the first movements of unbelievers are mortal sins. Obj. 2: Further Anselm says (De Gratia et Lib. Arb. vii): "Those who are not in Christ, when they feel the sting of the flesh, follow the road of damnation, even if they walk not according to the flesh." But damnation is not due save to mortal sin. Therefore, since man feels the sting of the flesh in the first movements of the concupiscence, it seems that the first movements of concupiscence in unbelievers are mortal sins. Obj. 3: Further, Anselm says (De Gratia et Lib. Arb. vii): "Man was so made that he was not liable to feel concupiscence." Now this liability seems to be remitted to man by the grace of Baptism, which the unbeliever has not. Therefore every act of concupiscence in an unbeliever, even without his consent, is a mortal sin, because he acts against his duty. _On the contrary,_ It is stated in Acts 10:34 that "God is not a respecter of persons." Therefore he does not impute to one unto condemnation, what He does not impute to another. But he does not impute first movements to believers, unto condemnation. Neither therefore does He impute them to unbelievers. _I answer that,_ It is unreasonable to say that the first movements of unbelievers are mortal sins, when they do not consent to them. This is evident for two reasons. First, because the sensuality itself could not be the subject of mortal sin, as stated above (Q. 79, A. 4). Now the sensuality has the same nature in unbelievers as in believers. Therefore it is not possible for the mere movements of the sensuality in unbelievers, to be mortal sins. Secondly, from the state of the sinner. Because excellence of the person never diminishes sin, but, on the contrary, increases it, as stated above (Q. 73, A. 10). Therefore a sin is not less grievous in a believer than in an unbeliever, but much more so. For the sins of an unbeliever are more deserving of forgiveness, on account of their ignorance, according to 1 Tim. 1:13: "I obtained the mercy of God, because I did it ignorantly in my unbelief": whereas the sins of believers are more grievous on account of the sacraments of grace, according to Heb. 10:29: "How much more, do you think, he deserveth worse punishments . . . who hath esteemed the blood of the testament unclean, by which he was sanctified?" Reply Obj. 1: The Apostle is speaking of the condemnation due to original sin, which condemnation is remitted by the grace of Jesus Christ, although the _fomes_ of concupiscence remain. Wherefore the fact that believers are subject to concupiscence is not in them a sign of the condemnation due to original sin, as it is in unbelievers. In this way also is to be understood the saying of Anselm, wherefore the Reply to the Second Objection is evident. Reply Obj. 3: This freedom from liability to concupiscence was a result of original justice. Wherefore that which is opposed to such liability pertains, not to actual but to original sin. ________________________

Whether Venial Sin Can Be in Anyone with Original Sin Alone? Objection 1: It would seem that venial sin can be in a man with original sin alone. For disposition precedes habit. Now venial sin is a disposition to mortal sin, as stated above (Q. 88, A. 3). Therefore in an unbeliever, in whom original sin is not remitted, venial sin exists before mortal sin: and so sometimes unbelievers have venial together with original sin, and without mortal sins. Obj. 2: Further, venial sin has less in common, and less connection with mortal sin, than one mortal sin has with another. But an unbeliever in the state of original sin, can commit one mortal sin without committing another. Therefore he can also commit a venial sin without committing a mortal sin. Obj. 3: Further, it is possible to fix the time at which a child is first able to commit an actual sin: and when the child comes to that time, it can stay a short time at least, without committing a mortal sin, because this happens in the worst criminals. Now it is possible for the child to sin venially during that space of time, however short it may be. Therefore venial sin can be in anyone with original sin alone and without mortal sin. _On the contrary,_ Man is punished for original sin in the children's limbo, where there is no pain of sense as we shall state further on (II-II, Q. 69, A. 6): whereas men are punished in hell for no other than mortal sin. Therefore there will be no place where a man can be punished for venial sin with no other than original sin. _I answer that,_ It is impossible for venial sin to be in anyone with original sin alone, and without mortal sin. The reason for this is because before a man comes to the age of discretion, the lack of years hinders the use of reason and excuses him from mortal sin, wherefore, much more does it excuse him from venial sin, if he does anything which is such generically. But when he begins to have the use of reason, he is not entirely excused from the guilt of venial or mortal sin. Now the first thing that occurs to a man to think about then, is to deliberate about himself. And if he then direct himself to the due end, he will, by means of grace, receive the remission of original sin: whereas if he does not then direct himself to the due end, as far as he is capable of discretion at that particular age, he will sin mortally, through not doing that which is in his power to do. Accordingly thenceforward there cannot be venial sin in him without mortal, until afterwards all sin shall have been remitted to him through grace. Reply Obj. 1: Venial sin always precedes mortal sin not as a necessary, but as a contingent disposition, just as work sometimes disposes to fever, but not as heat disposes to the form of fire. Reply Obj. 2: Venial sin is prevented from being with original sin alone, not on account of its want of connection or likeness, but on account of the lack of use of reason, as stated above. Reply Obj. 3: The child that is beginning to have the use of reason can refrain from other mortal sins for a time, but it is not free from the aforesaid sin of omission, unless it turns to God as soon as possible. For the first thing that occurs to a man who has discretion, is to think of himself, and to direct other things to himself as to their end, since the end is the first thing in the intention. Therefore this is the time when man is bound by God's affirmative precept, which the Lord expressed by saying (Zech. 1:3): "Turn ye to Me . . . and I will turn to you." ________________________ TREATISE ON LAW (QQ. 90-108) ________________________ QUESTION 90 OF THE ESSENCE OF LAW (In Four Articles) We have now to consider the extrinsic principles of acts. Now the extrinsic principle inclining to evil is the devil, of whose temptations we have spoken in the First Part (Q. 114). But the extrinsic principle moving to good is God, Who both instructs us by means of His Law, and assists us by His Grace: wherefore in the first place we must speak of law; in the second place, of grace. Concerning law, we must consider: (1) Law itself in general; (2) its parts. Concerning law in general three points offer themselves for our consideration: (1) Its essence; (2) The different kinds of law; (3) The effects of law. Under the first head there are four points of inquiry: (1) Whether law is something pertaining to reason? (2) Concerning the end of law; (3) Its cause; (4) The promulgation of law. ________________________

Whether Law Is Something Pertaining to Reason? Objection 1: It would seem that law is not something pertaining to reason. For the Apostle says (Rom. 7:23): "I see another law in my members," etc. But nothing pertaining to reason is in the members; since the reason does not make use of a bodily organ. Therefore law is not something pertaining to reason. Obj. 2: Further, in the reason there is nothing else but power, habit, and act. But law is not the power itself of reason. In like manner, neither is it a habit of reason: because the habits of reason are the intellectual virtues of which we have spoken above (Q. 57). Nor again is it an act of reason: because then law would cease, when the act of reason ceases, for instance, while we are asleep. Therefore law is nothing pertaining to reason. Obj. 3: Further, the law moves those who are subject to it to act aright. But it belongs properly to the will to move to act, as is evident from what has been said above (Q. 9, A. 1). Therefore law pertains, not to the reason, but to the will; according to the words of the Jurist (Lib. i, ff., De Const. Prin. leg. i): "Whatsoever pleaseth the sovereign, has force of law." _On the contrary,_ It belongs to the law to command and to forbid. But it belongs to reason to command, as stated above (Q. 17, A. 1). Therefore law is something pertaining to reason. _I answer that,_ Law is a rule and measure of acts, whereby man is induced to act or is restrained from acting: for _lex_ (law) is derived from _ligare_ (to bind), because it binds one to act. Now the rule and measure of human acts is the reason, which is the first principle of human acts, as is evident from what has been stated above (Q. 1, A. 1, ad 3); since it belongs to the reason to direct to the end, which is the first principle in all matters of action, according to the Philosopher (Phys. ii). Now that which is the principle in any genus, is the rule and measure of that genus: for instance, unity in the genus of numbers, and the first movement in the genus of movements. Consequently it follows that law is something pertaining to reason. Reply Obj. 1: Since law is a kind of rule and measure, it may be in something in two ways. First, as in that which measures and rules: and since this is proper to reason, it follows that, in this way, law is in the reason alone. Secondly, as in that which is measured and ruled. In this way, law is in all those things that are inclined to something by reason of some law: so that any inclination arising from a law, may be called a law, not essentially but by participation as it were. And thus the inclination of the members to concupiscence is called "the law of the members." Reply Obj. 2: Just as, in external action, we may consider the work and the work done, for instance the work of building and the house built; so in the acts of reason, we may consider the act itself of reason, i.e. to understand and to reason, and something produced by this act. With regard to the speculative reason, this is first of all the definition; secondly, the proposition; thirdly, the syllogism or argument. And since also the practical reason makes use of a syllogism in respect of the work to be done, as stated above (Q. 13, A. 3; Q. 76, A. 1) and since as the Philosopher teaches (Ethic. vii, 3); hence we find in the practical reason something that holds the same position in regard to operations, as, in the speculative intellect, the proposition holds in regard to conclusions. Such like universal propositions of the practical intellect that are directed to actions have the nature of law. And these propositions are sometimes under our actual consideration, while sometimes they are retained in the reason by means of a habit. Reply Obj. 3: Reason has its power of moving from the will, as stated above (Q. 17, A. 1): for it is due to the fact that one wills the end, that the reason issues its commands as regards things ordained to the end. But in order that the volition of what is commanded may have the nature of law, it needs to be in accord with some rule of reason. And in this sense is to be understood the saying that the will of the sovereign has the force of law; otherwise the sovereign's will would savor of lawlessness rather than of law. ________________________

Whether the Law Is Always Something Directed to the Common Good? Objection 1: It would seem that the law is not always directed to the common good as to its end. For it belongs to law to command and to forbid. But commands are directed to certain individual goods. Therefore the end of the law is not always the common good. Obj. 2: Further, the law directs man in his actions. But human actions are concerned with particular matters. Therefore the law is directed to some particular good. Obj. 3: Further, Isidore says (Etym. v, 3): "If the law is based on reason, whatever is based on reason will be a law." But reason is the foundation not only of what is ordained to the common good, but also of that which is directed to private good. Therefore the law is not only directed to the good of all, but also to the private good of an individual. _On the contrary,_ Isidore says (Etym. v, 21) that "laws are enacted for no private profit, but for the common benefit of the citizens." _I answer that,_ As stated above (A. 1), the law belongs to that which is a principle of human acts, because it is their rule and measure. Now as reason is a principle of human acts, so in reason itself there is something which is the principle in respect of all the rest: wherefore to this principle chiefly and mainly law must needs be referred. Now the first principle in practical matters, which are the object of the practical reason, is the last end: and the last end of human life is bliss or happiness, as stated above (Q. 2, A. 7; Q. 3, A. 1). Consequently the law must needs regard principally the relationship to happiness. Moreover, since every part is ordained to the whole, as imperfect to perfect; and since one man is a part of the perfect community, the law must needs regard properly the relationship to universal happiness. Wherefore the Philosopher, in the above definition of legal matters mentions both happiness and the body politic: for he says (Ethic. v, 1) that we call those legal matters "just, which are adapted to produce and preserve happiness and its parts for the body politic": since the state is a perfect community, as he says in _Polit._ i, 1. Now in every genus, that which belongs to it chiefly is the principle of the others, and the others belong to that genus in subordination to that thing: thus fire, which is chief among hot things, is the cause of heat in mixed bodies, and these are said to be hot in so far as they have a share of fire. Consequently, since the law is chiefly ordained to the common good, any other precept in regard to some individual work, must needs be devoid of the nature of a law, save in so far as it regards the common good. Therefore every law is ordained to the common good. Reply Obj. 1: A command denotes an application of a law to matters regulated by the law. Now the order to the common good, at which the law aims, is applicable to particular ends. And in this way commands are given even concerning particular matters. Reply Obj. 2: Actions are indeed concerned with particular matters: but those particular matters are referable to the common good, not as to a common genus or species, but as to a common final cause, according as the common good is said to be the common end. Reply Obj. 3: Just as nothing stands firm with regard to the speculative reason except that which is traced back to the first indemonstrable principles, so nothing stands firm with regard to the practical reason, unless it be directed to the last end which is the common good: and whatever stands to reason in this sense, has the nature of a law. ________________________

Whether the Reason of Any Man Is Competent to Make Laws? Objection 1: It would seem that the reason of any man is competent to make laws. For the Apostle says (Rom. 2:14) that "when the Gentiles, who have not the law, do by nature those things that are of the law . . . they are a law to themselves." Now he says this of all in general. Therefore anyone can make a law for himself. Obj. 2: Further, as the Philosopher says (Ethic. ii, 1), "the intention of the lawgiver is to lead men to virtue." But every man can lead another to virtue. Therefore the reason of any man is competent to make laws. Obj. 3: Further, just as the sovereign of a state governs the state, so every father of a family governs his household. But the sovereign of a state can make laws for the state. Therefore every father of a family can make laws for his household. _On the contrary,_ Isidore says (Etym. v, 10): "A law is an ordinance of the people, whereby something is sanctioned by the Elders together with the Commonalty." _I answer that,_ A law, properly speaking, regards first and foremost the order to the common good. Now to order anything to the common good, belongs either to the whole people, or to someone who is the viceregent of the whole people. And therefore the making of a law belongs either to the whole people or to a public personage who has care of the whole people: since in all other matters the directing of anything to the end concerns him to whom the end belongs. Reply Obj. 1: As stated above (A. 1, ad 1), a law is in a person not only as in one that rules, but also by participation as in one that is ruled. In the latter way each one is a law to himself, in so far as he shares the direction that he receives from one who rules him. Hence the same text goes on: "Who show the work of the law written in their hearts." Reply Obj. 2: A private person cannot lead another to virtue efficaciously: for he can only advise, and if his advice be not taken, it has no coercive power, such as the law should have, in order to prove an efficacious inducement to virtue, as the Philosopher says (Ethic. x, 9). But this coercive power is vested in the whole people or in some public personage, to whom it belongs to inflict penalties, as we shall state further on (Q. 92, A. 2, ad 3; II-II, Q. 64, A. 3). Wherefore the framing of laws belongs to him alone. Reply Obj. 3: As one man is a part of the household, so a household is a part of the state: and the state is a perfect community, according to _Polit._ i, 1. And therefore, as the good of one man is not the last end, but is ordained to the common good; so too the good of one household is ordained to the good of a single state, which is a perfect community. Consequently he that governs a family, can indeed make certain commands or ordinances, but not such as to have properly the force of law. ________________________

Whether Promulgation Is Essential to a Law? Objection 1: It would seem that promulgation is not essential to a law. For the natural law above all has the character of law. But the natural law needs no promulgation. Therefore it is not essential to a law that it be promulgated. Obj. 2: Further, it belongs properly to a law to bind one to do or not to do something. But the obligation of fulfilling a law touches not only those in whose presence it is promulgated, but also others. Therefore promulgation is not essential to a law. Obj. 3: Further, the binding force of a law extends even to the future, since "laws are binding in matters of the future," as the jurists say (Cod. 1, tit. De lege et constit. leg. vii). But promulgation concerns those who are present. Therefore it is not essential to a law. _On the contrary,_ It is laid down in the _Decretals,_ dist. 4, that "laws are established when they are promulgated." _I answer that,_ As stated above (A. 1), a law is imposed on others by way of a rule and measure. Now a rule or measure is imposed by being applied to those who are to be ruled and measured by it. Wherefore, in order that a law obtain the binding force which is proper to a law, it must needs be applied to the men who have to be ruled by it. Such application is made by its being notified to them by promulgation. Wherefore promulgation is necessary for the law to obtain its force. Thus from the four preceding articles, the definition of law may be gathered; and it is nothing else than an ordinance of reason for the common good, made by him who has care of the community, and promulgated. Reply Obj. 1: The natural law is promulgated by the very fact that God instilled it into man's mind so as to be known by him naturally. Reply Obj. 2: Those who are not present when a law is promulgated, are bound to observe the law, in so far as it is notified or can be notified to them by others, after it has been promulgated. Reply Obj. 3: The promulgation that takes place now, extends to future time by reason of the durability of written characters, by which means it is continually promulgated. Hence Isidore says (Etym. v, 3; ii, 10) that "_lex_ (law) is derived from _legere_ (to read) because it is written." ________________________ QUESTION 91 OF THE VARIOUS KINDS OF LAW (In Six Articles) We must now consider the various kinds of law: under which head there are six points of inquiry: (1) Whether there is an eternal law? (2) Whether there is a natural law? (3) Whether there is a human law? (4) Whether there is a Divine law? (5) Whether there is one Divine law, or several? (6) Whether there is a law of sin? ________________________

Whether There Is an Eternal Law? Objection 1: It would seem that there is no eternal law. Because every law is imposed on someone. But there was not someone from eternity on whom a law could be imposed: since God alone was from eternity. Therefore no law is eternal. Obj. 2: Further, promulgation is essential to law. But promulgation could not be from eternity: because there was no one to whom it could be promulgated from eternity. Therefore no law can be eternal. Obj. 3: Further, a law implies order to an end. But nothing ordained to an end is eternal: for the last end alone is eternal. Therefore no law is eternal. _On the contrary,_ Augustine says (De Lib. Arb. i, 6): "That Law which is the Supreme Reason cannot be understood to be otherwise than unchangeable and eternal." _I answer that,_ As stated above (Q. 90, A. 1, ad 2; AA. 3, 4), a law is nothing else but a dictate of practical reason emanating from the ruler who governs a perfect community. Now it is evident, granted that the world is ruled by Divine Providence, as was stated in the First Part (Q. 22, AA. 1, 2), that the whole community of the universe is governed by Divine Reason. Wherefore the very Idea of the government of things in God the Ruler of the universe, has the nature of a law. And since the Divine Reason's conception of things is not subject to time but is eternal, according to Prov. 8:23, therefore it is that this kind of law must be called eternal. Reply Obj. 1: Those things that are not in themselves, exist with God, inasmuch as they are foreknown and preordained by Him, according to Rom. 4:17: "Who calls those things that are not, as those that are." Accordingly the eternal concept of the Divine law bears the character of an eternal law, in so far as it is ordained by God to the government of things foreknown by Him. Reply Obj. 2: Promulgation is made by word of mouth or in writing; and in both ways the eternal law is promulgated: because both the Divine Word and the writing of the Book of Life are eternal. But the promulgation cannot be from eternity on the part of the creature that hears or reads. Reply Obj. 3: The law implies order to the end actively, in so far as it directs certain things to the end; but not passively--that is to say, the law itself is not ordained to the end--except accidentally, in a governor whose end is extrinsic to him, and to which end his law must needs be ordained. But the end of the Divine government is God Himself, and His law is not distinct from Himself. Wherefore the eternal law is not ordained to another end. ________________________

Whether There Is in Us a Natural Law? Objection 1: It would seem that there is no natural law in us. Because man is governed sufficiently by the eternal law: for Augustine says (De Lib. Arb. i) that "the eternal law is that by which it is right that all things should be most orderly." But nature does not abound in superfluities as neither does she fail in necessaries. Therefore no law is natural to man. Obj. 2: Further, by the law man is directed, in his acts, to the end, as stated above (Q. 90, A. 2). But the directing of human acts to their end is not a function of nature, as is the case in irrational creatures, which act for an end solely by their natural appetite; whereas man acts for an end by his reason and will. Therefore no law is natural to man. Obj. 3: Further, the more a man is free, the less is he under the law. But man is freer than all the animals, on account of his free-will, with which he is endowed above all other animals. Since therefore other animals are not subject to a natural law, neither is man subject to a natural law. _On the contrary,_ A gloss on Rom. 2:14: "When the Gentiles, who have not the law, do by nature those things that are of the law," comments as follows: "Although they have no written law, yet they have the natural law, whereby each one knows, and is conscious of, what is good and what is evil." _I answer that,_ As stated above (Q. 90, A. 1, ad 1), law, being a rule and measure, can be in a person in two ways: in one way, as in him that rules and measures; in another way, as in that which is ruled and measured, since a thing is ruled and measured, in so far as it partakes of the rule or measure. Wherefore, since all things subject to Divine providence are ruled and measured by the eternal law, as was stated above (A. 1); it is evident that all things partake somewhat of the eternal law, in so far as, namely, from its being imprinted on them, they derive their respective inclinations to their proper acts and ends. Now among all others, the rational creature is subject to Divine providence in the most excellent way, in so far as it partakes of a share of providence, by being provident both for itself and for others. Wherefore it has a share of the Eternal Reason, whereby it has a natural inclination to its proper act and end: and this participation of the eternal law in the rational creature is called the natural law. Hence the Psalmist after saying (Ps. 4:6): "Offer up the sacrifice of justice," as though someone asked what the works of justice are, adds: "Many say, Who showeth us good things?" in answer to which question he says: "The light of Thy countenance, O Lord, is signed upon us": thus implying that the light of natural reason, whereby we discern what is good and what is evil, which is the function of the natural law, is nothing else than an imprint on us of the Divine light. It is therefore evident that the natural law is nothing else than the rational creature's participation of the eternal law. Reply Obj. 1: This argument would hold, if the natural law were something different from the eternal law: whereas it is nothing but a participation thereof, as stated above. Reply Obj. 2: Every act of reason and will in us is based on that which is according to nature, as stated above (Q. 10, A. 1): for every act of reasoning is based on principles that are known naturally, and every act of appetite in respect of the means is derived from the natural appetite in respect of the last end. Accordingly the first direction of our acts to their end must needs be in virtue of the natural law. Reply Obj. 3: Even irrational animals partake in their own way of the Eternal Reason, just as the rational creature does. But because the rational creature partakes thereof in an intellectual and rational manner, therefore the participation of the eternal law in the rational creature is properly called a law, since a law is something pertaining to reason, as stated above (Q. 90, A. 1). Irrational creatures, however, do not partake thereof in a rational manner, wherefore there is no participation of the eternal law in them, except by way of similitude. ________________________

Whether There Is a Human Law? Objection 1: It would seem that there is not a human law. For the natural law is a participation of the eternal law, as stated above (A. 2). Now through the eternal law "all things are most orderly," as Augustine states (De Lib. Arb. i, 6). Therefore the natural law suffices for the ordering of all human affairs. Consequently there is no need for a human law. Obj. 2: Further, a law bears the character of a measure, as stated above (Q. 90, A. 1). But human reason is not a measure of things, but vice versa, as stated in _Metaph._ x, text. 5. Therefore no law can emanate from human reason. Obj. 3: Further, a measure should be most certain, as stated in _Metaph._ x, text. 3. But the dictates of human reason in matters of conduct are uncertain, according to Wis. 9:14: "The thoughts of mortal men are fearful, and our counsels uncertain." Therefore no law can emanate from human reason. _On the contrary,_ Augustine (De Lib. Arb. i, 6) distinguishes two kinds of law, the one eternal, the other temporal, which he calls human. _I answer that,_ As stated above (Q. 90, A. 1, ad 2), a law is a dictate of the practical reason. Now it is to be observed that the same procedure takes place in the practical and in the speculative reason: for each proceeds from principles to conclusions, as stated above (ibid.). Accordingly we conclude that just as, in the speculative reason, from naturally known indemonstrable principles, we draw the conclusions of the various sciences, the knowledge of which is not imparted to us by nature, but acquired by the efforts of reason, so too it is from the precepts of the natural law, as from general and indemonstrable principles, that the human reason needs to proceed to the more particular determination of certain matters. These particular determinations, devised by human reason, are called human laws, provided the other essential conditions of law be observed, as stated above (Q. 90, AA. 2, 3, 4). Wherefore Tully says in his _Rhetoric_ (De Invent. Rhet. ii) that "justice has its source in nature; thence certain things came into custom by reason of their utility; afterwards these things which emanated from nature and were approved by custom, were sanctioned by fear and reverence for the law." Reply Obj. 1: The human reason cannot have a full participation of the dictate of the Divine Reason, but according to its own mode, and imperfectly. Consequently, as on the part of the speculative reason, by a natural participation of Divine Wisdom, there is in us the knowledge of certain general principles, but not proper knowledge of each single truth, such as that contained in the Divine Wisdom; so too, on the part of the practical reason, man has a natural participation of the eternal law, according to certain general principles, but not as regards the particular determinations of individual cases, which are, however, contained in the eternal law. Hence the need for human reason to proceed further to sanction them by law. Reply Obj. 2: Human reason is not, of itself, the rule of things: but the principles impressed on it by nature, are general rules and measures of all things relating to human conduct, whereof the natural reason is the rule and measure, although it is not the measure of things that are from nature. Reply Obj. 3: The practical reason is concerned with practical matters, which are singular and contingent: but not with necessary things, with which the speculative reason is concerned. Wherefore human laws cannot have that inerrancy that belongs to the demonstrated conclusions of sciences. Nor is it necessary for every measure to be altogether unerring and certain, but according as it is possible in its own particular genus. ________________________

Whether There Was Any Need for a Divine Law? Objection 1: It would seem that there was no need for a Divine law. Because, as stated above (A. 2), the natural law is a participation in us of the eternal law. But the eternal law is a Divine law, as stated above (A. 1). Therefore there was no need for a Divine law in addition to the natural law, and human laws derived therefrom. Obj. 2: Further, it is written (Ecclus. 15:14) that "God left man in the hand of his own counsel." Now counsel is an act of reason, as stated above (Q. 14, A. 1). Therefore man was left to the direction of his reason. But a dictate of human reason is a human law as stated above (A. 3). Therefore there is no need for man to be governed also by a Divine law. Obj. 3: Further, human nature is more self-sufficing than irrational creatures. But irrational creatures have no Divine law besides the natural inclination impressed on them. Much less, therefore, should the rational creature have a Divine law in addition to the natural law. _On the contrary,_ David prayed God to set His law before him, saying (Ps. 118:33): "Set before me for a law the way of Thy justifications, O Lord." _I answer that,_ Besides the natural and the human law it was necessary for the directing of human conduct to have a Divine law. And this for four reasons. First, because it is by law that man is directed how to perform his proper acts in view of his last end. And indeed if man were ordained to no other end than that which is proportionate to his natural faculty, there would be no need for man to have any further direction of the part of his reason, besides the natural law and human law which is derived from it. But since man is ordained to an end of eternal happiness which is improportionate to man's natural faculty, as stated above (Q. 5, A. 5), therefore it was necessary that, besides the natural and the human law, man should be directed to his end by a law given by God. Secondly, because, on account of the uncertainty of human judgment, especially on contingent and particular matters, different people form different judgments on human acts; whence also different and contrary laws result. In order, therefore, that man may know without any doubt what he ought to do and what he ought to avoid, it was necessary for man to be directed in his proper acts by a law given by God, for it is certain that such a law cannot err. Thirdly, because man can make laws in those matters of which he is competent to judge. But man is not competent to judge of interior movements, that are hidden, but only of exterior acts which appear: and yet for the perfection of virtue it is necessary for man to conduct himself aright in both kinds of acts. Consequently human law could not sufficiently curb and direct interior acts; and it was necessary for this purpose that a Divine law should supervene. Fourthly, because, as Augustine says (De Lib. Arb. i, 5, 6), human law cannot punish or forbid all evil deeds: since while aiming at doing away with all evils, it would do away with many good things, and would hinder the advance of the common good, which is necessary for human intercourse. In order, therefore, that no evil might remain unforbidden and unpunished, it was necessary for the Divine law to supervene, whereby all sins are forbidden. And these four causes are touched upon in Ps. 118:8, where it is said: "The law of the Lord is unspotted," i.e. allowing no foulness of sin; "converting souls," because it directs not only exterior, but also interior acts; "the testimony of the Lord is faithful," because of the certainty of what is true and right; "giving wisdom to little ones," by directing man to an end supernatural and Divine. Reply Obj. 1: By the natural law the eternal law is participated proportionately to the capacity of human nature. But to his supernatural end man needs to be directed in a yet higher way. Hence the additional law given by God, whereby man shares more perfectly in the eternal law. Reply Obj. 2: Counsel is a kind of inquiry: hence it must proceed from some principles. Nor is it enough for it to proceed from principles imparted by nature, which are the precepts of the natural law, for the reasons given above: but there is need for certain additional principles, namely, the precepts of the Divine law. Reply Obj. 3: Irrational creatures are not ordained to an end higher than that which is proportionate to their natural powers: consequently the comparison fails. ________________________

Whether There Is but One Divine Law? Objection 1: It would seem that there is but one Divine law. Because, where there is one king in one kingdom there is but one law. Now the whole of mankind is compared to God as to one king, according to Ps. 46:8: "God is the King of all the earth." Therefore there is but one Divine law. Obj. 2: Further, every law is directed to the end which the lawgiver intends for those for whom he makes the law. But God intends one and the same thing for all men; since according to 1 Tim. 2:4: "He will have all men to be saved, and to come to the knowledge of the truth." Therefore there is but one Divine law. Obj. 3: Further, the Divine law seems to be more akin to the eternal law, which is one, than the natural law, according as the revelation of grace is of a higher order than natural knowledge. Therefore much more is the Divine law but one. _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 is twofold, as stated in the same passage, viz. the levitical priesthood, and the priesthood of Christ. Therefore the Divine law is twofold, namely the Old Law and the New Law. _I answer that,_ As stated in the First Part (Q. 30, A. 3), distinction is the cause of number. Now things may be distinguished in two ways. First, as those things that are altogether specifically different, e.g. a horse and an ox. Secondly, as perfect and imperfect in the same species, e.g. a boy and a man: and in this way the Divine law is divided into Old and New. Hence the Apostle (Gal. 3:24, 25) compares the state of man under the Old Law to that of a child "under a pedagogue"; but the state under the New Law, to that of a full grown man, who is "no longer under a pedagogue." Now the perfection and imperfection of these two laws is to be taken in connection with the three conditions pertaining to law, as stated above. For, in the first place, it belongs to law to be directed to the common good as to its end, as stated above (Q. 90, A. 2). This good may be twofold. It may be a sensible and earthly good; and to this, man was directly ordained by the Old Law: wherefore, at the very outset of the law, the people were invited to the earthly kingdom of the Chananaeans (Ex. 3:8, 17). Again it may be an intelligible and heavenly good: and to this, man is ordained by the New Law. Wherefore, at the very beginning of His preaching, Christ invited men to the kingdom of heaven, saying (Matt. 4:17): "Do penance, for the kingdom of heaven is at hand." Hence Augustine says (Contra Faust. iv) that "promises of temporal goods are contained in the Old Testament, for which reason it is called old; but the promise of eternal life belongs to the New Testament." Secondly, it belongs to the law to direct human acts according to the order of righteousness (A. 4): wherein also the New Law surpasses the Old Law, since it directs our internal acts, according to Matt. 5:20: "Unless your justice abound more than that of the Scribes and Pharisees, you shall not enter into the kingdom of heaven." Hence the saying that "the Old Law restrains the hand, but the New Law controls the mind" ( Sentent. iii, D, xl). Thirdly, it belongs to the law to induce men to observe its commandments. This the Old Law did by the fear of punishment: but the New Law, by love, which is poured into our hearts by the grace of Christ, bestowed in the New Law, but foreshadowed in the Old. Hence Augustine says (Contra Adimant. Manich. discip. xvii) that "there is little difference [*The 'little difference' refers to the Latin words 'timor' and 'amor'--'fear' and 'love.'] between the Law and the Gospel--fear and love." Reply Obj. 1: As the father of a family issues different commands to the children and to the adults, so also the one King, God, in His one kingdom, gave one law to men, while they were yet imperfect, and another more perfect law, when, by the preceding law, they had been led to a greater capacity for Divine things. Reply Obj. 2: The salvation of man could not be achieved otherwise than through Christ, according to Acts 4:12: "There is no other name . . . given to men, whereby we must be saved." Consequently the law that brings all to salvation could not be given until after the coming of Christ. But before His coming it was necessary to give to the people, of whom Christ was to be born, a law containing certain rudiments of righteousness unto salvation, in order to prepare them to receive Him. Reply Obj. 3: The natural law directs man by way of certain general precepts, common to both the perfect and the imperfect: wherefore it is one and the same for all. But the Divine law directs man also in certain particular matters, to which the perfect and imperfect do not stand in the same relation. Hence the necessity for the Divine law to be twofold, as already explained. ________________________

Whether There Is a Law in the Fomes of Sin? Objection 1: It would seem that there is no law of the _fomes_ of sin. For Isidore says (Etym. v) that the "law is based on reason." But the _fomes_ of sin is not based on reason, but deviates from it. Therefore the _fomes_ has not the nature of a law. Obj. 2: Further, every law is binding, so that those who do not obey it are called transgressors. But man is not called a transgressor, from not following the instigations of the _fomes;_ but rather from his following them. Therefore the _fomes_ has not the nature of a law. Obj. 3: Further, the law is ordained to the common good, as stated above (Q. 90, A. 2). But the _fomes_ inclines us, not to the common, but to our own private good. Therefore the _fomes_ has not the nature of sin. _On the contrary,_ The Apostle says (Rom. 7:23): "I see another law in my members, fighting against the law of my mind." _I answer that,_ As stated above (A. 2; Q. 90, A. 1, ad 1), the law, as to its essence, resides in him that rules and measures; but, by way of participation, in that which is ruled and measured; so that every inclination or ordination which may be found in things subject to the law, is called a law by participation, as stated above (A. 2; Q. 90, A. 1, ad 1). Now those who are subject to a law may receive a twofold inclination from the lawgiver. First, in so far as he directly inclines his subjects to something; sometimes indeed different subjects to different acts; in this way we may say that there is a military law and a mercantile law. Secondly, indirectly; thus by the very fact that a lawgiver deprives a subject of some dignity, the latter passes into another order, so as to be under another law, as it were: thus if a soldier be turned out of the army, he becomes a subject of rural or of mercantile legislation. Accordingly under the Divine Lawgiver various creatures have various natural inclinations, so that what is, as it were, a law for one, is against the law for another: thus I might say that fierceness is, in a way, the law of a dog, but against the law of a sheep or another meek animal. And so the law of man, which, by the Divine ordinance, is allotted to him, according to his proper natural condition, is that he should act in accordance with reason: and this law was so effective in the primitive state, that nothing either beside or against reason could take man unawares. But when man turned his back on God, he fell under the influence of his sensual impulses: in fact this happens to each one individually, the more he deviates from the path of reason, so that, after a fashion, he is likened to the beasts that are led by the impulse of sensuality, according to Ps. 48:21: "Man, when he was in honor, did not understand: he hath been compared to senseless beasts, and made like to them." So, then, this very inclination of sensuality which is called the _fomes,_ in other animals has simply the nature of a law (yet only in so far as a law may be said to be in such things), by reason of a direct inclination. But in man, it has not the nature of law in this way, rather is it a deviation from the law of reason. But since, by the just sentence of God, man is destitute of original justice, and his reason bereft of its vigor, this impulse of sensuality, whereby he is led, in so far as it is a penalty following from the Divine law depriving man of his proper dignity, has the nature of a law. Reply Obj. 1: This argument considers the _fomes_ in itself, as an incentive to evil. It is not thus that it has the nature of a law, as stated above, but according as it results from the justice of the Divine law: it is as though we were to say that the law allows a nobleman to be condemned to hard labor for some misdeed. Reply Obj. 2: This argument considers law in the light of a rule or measure: for it is in this sense that those who deviate from the law become transgressors. But the _fomes_ is not a law in this respect, but by a kind of participation, as stated above. Reply Obj. 3: This argument considers the _fomes_ as to its proper inclination, and not as to its origin. And yet if the inclination of sensuality be considered as it is in other animals, thus it is ordained to the common good, namely, to the preservation of nature in the species or in the individual. And this is in man also, in so far as sensuality is subject to reason. But it is called _fomes_ in so far as it strays from the order of reason. ________________________ QUESTION 92 OF THE EFFECTS OF LAW (In Two articles) We must now consider the effects of law; under which head there are two points of inquiry: (1) Whether an effect of law is to make men good? (2) Whether the effects of law are to command, to forbid, to permit, and to punish, as the Jurist states? ________________________

Whether an Effect of Law Is to Make Men Good? Objection 1: It seems that it is not an effect of law to make men good. For men are good through virtue, since virtue, as stated in _Ethic._ ii, 6 is "that which makes its subject good." But virtue is in man from God alone, because He it is Who "works it in us without us," as we stated above (Q. 55, A. 4) in giving the definition of virtue. Therefore the law does not make men good. Obj. 2: Further, Law does not profit a man unless he obeys it. But the very fact that a man obeys a law is due to his being good. Therefore in man goodness is presupposed to the law. Therefore the law does not make men good. Obj. 3: Further, Law is ordained to the common good, as stated above (Q. 90, A. 2). But some behave well in things regarding the community, who behave ill in things regarding themselves. Therefore it is not the business of the law to make men good. Obj. 4: Further, some laws are tyrannical, as the Philosopher says (Polit. iii, 6). But a tyrant does not intend the good of his subjects, but considers only his own profit. Therefore law does not make men good. _On the contrary,_ The Philosopher says (Ethic. ii, 1) that the "intention of every lawgiver is to make good citizens." _I answer that,_ as stated above (Q. 90, A. 1, ad 2; AA. 3, 4), a law is nothing else than a dictate of reason in the ruler by whom his subjects are governed. Now the virtue of any subordinate thing consists in its being well subordinated to that by which it is regulated: thus we see that the virtue of the irascible and concupiscible faculties consists in their being obedient to reason; and accordingly "the virtue of every subject consists in his being well subjected to his ruler," as the Philosopher says (Polit. i). But every law aims at being obeyed by those who are subject to it. Consequently it is evident that the proper effect of law is to lead its subjects to their proper virtue: and since virtue is "that which makes its subject good," it follows that the proper effect of law is to make those to whom it is given, good, either simply or in some particular respect. For if the intention of the lawgiver is fixed on true good, which is the common good regulated according to Divine justice, it follows that the effect of the law is to make men good simply. If, however, the intention of the lawgiver is fixed on that which is not simply good, but useful or pleasurable to himself, or in opposition to Divine justice; then the law does not make men good simply, but in respect to that particular government. In this way good is found even in things that are bad of themselves: thus a man is called a good robber, because he works in a way that is adapted to his end. Reply Obj. 1: Virtue is twofold, as explained above (Q. 63, A. 2), viz. acquired and infused. Now the fact of being accustomed to an action contributes to both, but in different ways; for it causes the acquired virtue; while it disposes to infused virtue, and preserves and fosters it when it already exists. And since law is given for the purpose of directing human acts; as far as human acts conduce to virtue, so far does law make men good. Wherefore the Philosopher says in the second book of the Politics (Ethic. ii) that "lawgivers make men good by habituating them to good works." Reply Obj. 2: It is not always through perfect goodness of virtue that one obeys the law, but sometimes it is through fear of punishment, and sometimes from the mere dictates of reason, which is a beginning of virtue, as stated above (Q. 63, A. 1). Reply Obj. 3: The goodness of any part is considered in comparison with the whole; hence Augustine says (Confess. iii) that "unseemly is the part that harmonizes not with the whole." Since then every man is a part of the state, it is impossible that a man be good, unless he be well proportionate to the common good: nor can the whole be well consistent unless its parts be proportionate to it. Consequently the common good of the state cannot flourish, unless the citizens be virtuous, at least those whose business it is to govern. But it is enough for the good of the community, that the other citizens be so far virtuous that they obey the commands of their rulers. Hence the Philosopher says (Polit. ii, 2) that "the virtue of a sovereign is the same as that of a good man, but the virtue of any common citizen is not the same as that of a good man." Reply Obj. 4: A tyrannical law, through not being according to reason, is not a law, absolutely speaking, but rather a perversion of law; and yet in so far as it is something in the nature of a law, it aims at the citizens' being good. For all it has in the nature of a law consists in its being an ordinance made by a superior to his subjects, and aims at being obeyed by them, which is to make them good, not simply, but with respect to that particular government. ________________________

Whether the Acts of Law Are Suitably Assigned? Objection 1: It would seem that the acts of law are not suitably assigned as consisting in "command, prohibition, permission, and punishment." For "every law is a general precept," as the Jurist states. But command and precept are the same. Therefore the other three are superfluous. Obj. 2: Further, the effect of a law is to induce its subjects to be good, as stated above (A. 1). But counsel aims at a higher good than a command does. Therefore it belongs to law to counsel rather than to command. Obj. 3: Further, just as punishment stirs a man to good deeds, so does reward. Therefore if to punish is reckoned an effect of law, so also is to reward. Obj. 4: Further, the intention of a lawgiver is to make men good, as stated above (A. 1). But he that obeys the law, merely through fear of being punished, is not good: because "although a good deed may be done through servile fear, i.e. fear of punishment, it is not done well," as Augustine says (Contra duas Epist. Pelag. ii). Therefore punishment is not a proper effect of law. _On the contrary,_ Isidore says (Etym. v, 19): "Every law either permits something, as: 'A brave man may demand his reward'": or forbids something, as: "No man may ask a consecrated virgin in marriage": or punishes, as: "Let him that commits a murder be put to death." _I answer that,_ Just as an assertion is a dictate of reason asserting something, so is a law a dictate of reason, commanding something. Now it is proper to reason to lead from one thing to another. Wherefore just as, in demonstrative sciences, the reason leads us from certain principles to assent to the conclusion, so it induces us by some means to assent to the precept of the law. Now the precepts of law are concerned with human acts, in which the law directs, as stated above (Q. 90, AA. 1, 2; Q. 91, A. 4). Again there are three kinds of human acts: for, as stated above (Q. 18, A. 8), some acts are good generically, viz. acts of virtue; and in respect of these the act of the law is a precept or command, for "the law commands all acts of virtue" (Ethic. v, 1). Some acts are evil generically, viz. acts of vice, and in respect of these the law forbids. Some acts are generically indifferent, and in respect of these the law permits; and all acts that are either not distinctly good or not distinctly bad may be called indifferent. And it is the fear of punishment that law makes use of in order to ensure obedience: in which respect punishment is an effect of law. Reply Obj. 1: Just as to cease from evil is a kind of good, so a prohibition is a kind of precept: and accordingly, taking precept in a wide sense, every law is a kind of precept. Reply Obj. 2: To advise is not a proper act of law, but may be within the competency even of a private person, who cannot make a law. Wherefore too the Apostle, after giving a certain counsel (1 Cor. 7:12) says: "I speak, not the Lord." Consequently it is not reckoned as an effect of law. Reply Obj. 3: To reward may also pertain to anyone: but to punish pertains to none but the framer of the law, by whose authority the pain is inflicted. Wherefore to reward is not reckoned an effect of law, but only to punish. Reply Obj. 4: From becoming accustomed to avoid evil and fulfill what is good, through fear of punishment, one is sometimes led on to do so likewise, with delight and of one's own accord. Accordingly, law, even by punishing, leads men on to being good. ________________________ QUESTION 93 OF THE ETERNAL LAW (In Six Articles) We must now consider each law by itself; and (1) The eternal law; (2) The natural law; (3) The human law; (4) The old law; (5) The new law, which is the law of the Gospel. Of the sixth law which is the law of the _fomes,_ suffice what we have said when treating of original sin. Concerning the first there are six points of inquiry: (1) What is the eternal law? (2) Whether it is known to all? (3) Whether every law is derived from it? (4) Whether necessary things are subject to the eternal law? (5) Whether natural contingencies are subject to the eternal law? (6) Whether all human things are subject to it? ________________________

Whether the Eternal Law Is a Sovereign Type [*Ratio] Existing in God? Objection 1: It would seem that the eternal law is not a sovereign type existing in God. For there is only one eternal law. But there are many types of things in the Divine mind; for Augustine says (Qq. lxxxiii, qu. 46) that God "made each thing according to its type." Therefore the eternal law does not seem to be a type existing in the Divine mind. Obj. 2: Further, it is essential to a law that it be promulgated by word, as stated above (Q. 90, A. 4). But Word is a Personal name in God, as stated in the First Part (Q. 34, A. 1): whereas type refers to the Essence. Therefore the eternal law is not the same as a Divine type. Obj. 3: Further, Augustine says (De Vera Relig. xxx): "We see a law above our minds, which is called truth." But the law which is above our minds is the eternal law. Therefore truth is the eternal law. But the idea of truth is not the same as the idea of a type. Therefore the eternal law is not the same as the sovereign type. _On the contrary,_ Augustine says (De Lib. Arb. i, 6) that "the eternal law is the sovereign type, to which we must always conform." _I answer that,_ Just as in every artificer there pre-exists a type of the things that are made by his art, so too in every governor there must pre-exist the type of the order of those things that are to be done by those who are subject to his government. And just as the type of the things yet to be made by an art is called the art or exemplar of the products of that art, so too the type in him who governs the acts of his subjects, bears the character of a law, provided the other conditions be present which we have mentioned above (Q. 90). Now God, by His wisdom, is the Creator of all things in relation to which He stands as the artificer to the products of his art, as stated in the First Part (Q. 14, A. 8). Moreover He governs all the acts and movements that are to be found in each single creature, as was also stated in the First Part (Q. 103, A. 5). Wherefore as the type of the Divine Wisdom, inasmuch as by It all things are created, has the character of art, exemplar or idea; so the type of Divine Wisdom, as moving all things to their due end, bears the character of law. Accordingly the eternal law is nothing else than the type of Divine Wisdom, as directing all actions and movements. Reply Obj. 1: Augustine is speaking in that passage of the ideal types which regard the proper nature of each single thing; and consequently in them there is a certain distinction and plurality, according to their different relations to things, as stated in the First Part (Q. 15, A. 2). But law is said to direct human acts by ordaining them to the common good, as stated above (Q. 90, A. 2). And things, which are in themselves different, may be considered as one, according as they are ordained to one common thing. Wherefore the eternal law is one since it is the type of this order. Reply Obj. 2: With regard to any sort of word, two points may be considered: viz. the word itself, and that which is expressed by the word. For the spoken word is something uttered by the mouth of man, and expresses that which is signified by the human word. The same applies to the human mental word, which is nothing else than something conceived by the mind, by which man expresses his thoughts mentally. So then in God the Word conceived by the intellect of the Father is the name of a Person: but all things that are in the Father's knowledge, whether they refer to the Essence or to the Persons, or to the works of God, are expressed by this Word, as Augustine declares (De Trin. xv, 14). And among other things expressed by this Word, the eternal law itself is expressed thereby. Nor does it follow that the eternal law is a Personal name in God: yet it is appropriated to the Son, on account of the kinship between type and word. Reply Obj. 3: The types of the Divine intellect do not stand in the same relation to things, as the types of the human intellect. For the human intellect is measured by things, so that a human concept is not true by reason of itself, but by reason of its being consonant with things, since "an opinion is true or false according as it answers to the reality." But the Divine intellect is the measure of things: since each thing has so far truth in it, as it represents the Divine intellect, as was stated in the First Part (Q. 16, A. 1). Consequently the Divine intellect is true in itself; and its type is truth itself. ________________________

Whether the Eternal Law Is Known to All? Objection 1: It would seem that the eternal law is not known to all. Because, as the Apostle says (1 Cor. 2:11), "the things that are of God no man knoweth, but the Spirit of God." But the eternal law is a type existing in the Divine mind. Therefore it is unknown to all save God alone. Obj. 2: Further, as Augustine says (De Lib. Arb. i, 6) "the eternal law is that by which it is right that all things should be most orderly." But all do not know how all things are most orderly. Therefore all do not know the eternal law. Obj. 3: Further, Augustine says (De Vera Relig. xxxi) that "the eternal law is not subject to the judgment of man." But according to _Ethic._ i, "any man can judge well of what he knows." Therefore the eternal law is not known to us. _On the contrary,_ Augustine says (De Lib. Arb. i, 6) that "knowledge of the eternal law is imprinted on us." _I answer that,_ A thing may be known in two ways: first, in itself; secondly, in its effect, wherein some likeness of that thing is found: thus someone not seeing the sun in its substance, may know it by its rays. So then no one can know the eternal law, as it is in itself, except the blessed who see God in His Essence. But every rational creature knows it in its reflection, greater or less. For every knowledge of truth is a kind of reflection and participation of the eternal law, which is the unchangeable truth, as Augustine says (De Vera Relig. xxxi). Now all men know the truth to a certain extent, at least as to the common principles of the natural law: and as to the others, they partake of the knowledge of truth, some more, some less; and in this respect are more or less cognizant of the eternal law. Reply Obj. 1: We cannot know the things that are of God, as they are in themselves; but they are made known to us in their effects, according to Rom. 1:20: "The invisible things of God . . . are clearly seen, being understood by the things that are made." Reply Obj. 2: Although each one knows the eternal law according to his own capacity, in the way explained above, yet none can comprehend it: for it cannot be made perfectly known by its effects. Therefore it does not follow that anyone who knows the eternal law in the way aforesaid, knows also the whole order of things, whereby they are most orderly. Reply Obj. 3: To judge a thing may be understood in two ways. First, as when a cognitive power judges of its proper object, according to Job 12:11: "Doth not the ear discern words, and the palate of him that eateth, the taste?" It is to this kind of judgment that the Philosopher alludes when he says that "anyone can judge well of what he knows," by judging, namely, whether what is put forward is true. In another way we speak of a superior judging of a subordinate by a kind of practical judgment, as to whether he should be such and such or not. And thus none can judge of the eternal law. ________________________

Whether Every Law Is Derived from the Eternal Law? Objection 1: It would seem that not every law is derived from the eternal law. For there is a law of the _fomes,_ as stated above (Q. 91, A. 6), which is not derived from that Divine law which is the eternal law, since thereunto pertains the "prudence of the flesh," of which the Apostle says (Rom. 8:7), that "it cannot be subject to the law of God." Therefore not every law is derived from the eternal law. Obj. 2: Further, nothing unjust can be derived from the eternal law, because, as stated above (A. 2, Obj. 2), "the eternal law is that, according to which it is right that all things should be most orderly." But some laws are unjust, according to Isa. 10:1: "Woe to them that make wicked laws." Therefore not every law is derived from the eternal law. Obj. 3: Further, Augustine says (De Lib. Arb. i, 5) that "the law which is framed for ruling the people, rightly permits many things which are punished by Divine providence." But the type of Divine providence is the eternal law, as stated above (A. 1). Therefore not even every good law is derived from the eternal law. _On the contrary,_ Divine Wisdom says (Prov. 8:15): "By Me kings reign, and lawgivers decree just things." But the type of Divine Wisdom is the eternal law, as stated above (A. 1). Therefore all laws proceed from the eternal law. _I answer that,_ As stated above (Q. 90, AA. 1, 2), the law denotes a kind of plan directing acts towards an end. Now wherever there are movers ordained to one another, the power of the second mover must needs be derived from the power of the first mover; since the second mover does not move except in so far as it is moved by the first. Wherefore we observe the same in all those who govern, so that the plan of government is derived by secondary governors from the governor in chief; thus the plan of what is to be done in a state flows from the king's command to his inferior administrators: and again in things of art the plan of whatever is to be done by art flows from the chief craftsman to the under-craftsmen, who work with their hands. Since then the eternal law is the plan of government in the Chief Governor, all the plans of government in the inferior governors must be derived from the eternal law. But these plans of inferior governors are all other laws besides the eternal law. Therefore all laws, in so far as they partake of right reason, are derived from the eternal law. Hence Augustine says (De Lib. Arb. i, 6) that "in temporal law there is nothing just and lawful, but what man has drawn from the eternal law." Reply Obj. 1: The _fomes_ has the nature of law in man, in so far as it is a punishment resulting from Divine justice; and in this respect it is evident that it is derived from the eternal law. But in so far as it denotes a proneness to sin, it is contrary to the Divine law, and has not the nature of law, as stated above (Q. 91, A. 6). Reply Obj. 2: Human law has the nature of law in so far as it partakes of right reason; and it is clear that, in this respect, it is derived from the eternal law. But in so far as it deviates from reason, it is called an unjust law, and has the nature, not of law but of violence. Nevertheless even an unjust law, in so far as it retains some appearance of law, though being framed by one who is in power, is derived from the eternal law; since all power is from the Lord God, according to Rom. 13:1. Reply Obj. 3: Human law is said to permit certain things, not as approving them, but as being unable to direct them. And many things are directed by the Divine law, which human law is unable to direct, because more things are subject to a higher than to a lower cause. Hence the very fact that human law does not meddle with matters it cannot direct, comes under the ordination of the eternal law. It would be different, were human law to sanction what the eternal law condemns. Consequently it does not follow that human law is not derived from the eternal law, but that it is not on a perfect equality with it. ________________________

Whether Necessary and Eternal Things Are Subject to the Eternal Law? Objection 1: It would seem that necessary and eternal things are subject to the eternal law. For whatever is reasonable is subject to reason. But the Divine will is reasonable, for it is just. Therefore it is subject to (the Divine) reason. But the eternal law is the Divine reason. Therefore God's will is subject to the eternal law. But God's will is eternal. Therefore eternal and necessary things are subject to the eternal law. Obj. 2: Further, whatever is subject to the King, is subject to the King's law. Now the Son, according to 1 Cor. 15:28, 24, "shall be subject . . . to God and the Father . . . when He shall have delivered up the Kingdom to Him." Therefore the Son, Who is eternal, is subject to the eternal law. Obj. 3: Further, the eternal law is Divine providence as a type. But many necessary things are subject to Divine providence: for instance, the stability of incorporeal substances and of the heavenly bodies. Therefore even necessary things are subject to the eternal law. _On the contrary,_ Things that are necessary cannot be otherwise, and consequently need no restraining. But laws are imposed on men, in order to restrain them from evil, as explained above (Q. 92, A. 2). Therefore necessary things are not subject to the eternal law. _I answer that,_ As stated above (A. 1), the eternal law is the type of the Divine government. Consequently whatever is subject to the Divine government, is subject to the eternal law: while if anything is not subject to the Divine government, neither is it subject to the eternal law. The application of this distinction may be gathered by looking around us. For those things are subject to human government, which can be done by man; but what pertains to the nature of man is not subject to human government; for instance, that he should have a soul, hands, or feet. Accordingly all that is in things created by God, whether it be contingent or necessary, is subject to the eternal law: while things pertaining to the Divine Nature or Essence are not subject to the eternal law, but are the eternal law itself. Reply Obj. 1: We may speak of God's will in two ways. First, as to the will itself: and thus, since God's will is His very Essence, it is subject neither to the Divine government, nor to the eternal law, but is the same thing as the eternal law. Secondly, we may speak of God's will, as to the things themselves that God wills about creatures; which things are subject to the eternal law, in so far as they are planned by Divine Wisdom. In reference to these things God's will is said to be reasonable (_rationalis_): though regarded in itself it should rather be called their type (_ratio_). Reply Obj. 2: God the Son was not made by God, but was naturally born of God. Consequently He is not subject to Divine providence or to the eternal law: but rather is Himself the eternal law by a kind of appropriation, as Augustine explains (De Vera Relig. xxxi). But He is said to be subject to the Father by reason of His human nature, in respect of which also the Father is said to be greater than He. The third objection we grant, because it deals with those necessary things that are created. Reply Obj. 4: As the Philosopher says (Metaph. v, text. 6), some necessary things have a cause of their necessity: and thus they derive from something else the fact that they cannot be otherwise. And this is in itself a most effective restraint; for whatever is restrained, is said to be restrained in so far as it cannot do otherwise than it is allowed to. ________________________

Whether Natural Contingents Are Subject to the Eternal Law? Objection 1: It would seem that natural contingents are not subject to the eternal law. Because promulgation is essential to law, as stated above (Q. 90, A. 4). But a law cannot be promulgated except to rational creatures, to whom it is possible to make an announcement. Therefore none but rational creatures are subject to the eternal law; and consequently natural contingents are not. Obj. 2: Further, "Whatever obeys reason partakes somewhat of reason," as stated in _Ethic._ i. But the eternal law is the supreme type, as stated above (A. 1). Since then natural contingents do not partake of reason in any way, but are altogether void of reason, it seems that they are not subject to the eternal law. Obj. 3: Further, the eternal law is most efficient. But in natural contingents defects occur. Therefore they are not subject to the eternal law. _On the contrary,_ It is written (Prov. 8:29): "When He compassed the sea with its bounds, and set a law to the waters, that they should not pass their limits." _I answer that,_ We must speak otherwise of the law of man, than of the eternal law which is the law of God. For the law of man extends only to rational creatures subject to man. The reason of this is because law directs the actions of those that are subject to the government of someone: wherefore, properly speaking, none imposes a law on his own actions. Now whatever is done regarding the use of irrational things subject to man, is done by the act of man himself moving those things, for these irrational creatures do not move themselves, but are moved by others, as stated above (Q. 1, A. 2). Consequently man cannot impose laws on irrational beings, however much they may be subject to him. But he can impose laws on rational beings subject to him, in so far as by his command or pronouncement of any kind, he imprints on their minds a rule which is a principle of action. Now just as man, by such pronouncement, impresses a kind of inward principle of action on the man that is subject to him, so God imprints on the whole of nature the principles of its proper actions. And so, in this way, God is said to command the whole of nature, according to Ps. 148:6: "He hath made a decree, and it shall not pass away." And thus all actions and movements of the whole of nature are subject to the eternal law. Consequently irrational creatures are subject to the eternal law, through being moved by Divine providence; but not, as rational creatures are, through understanding the Divine commandment. Reply Obj. 1: The impression of an inward active principle is to natural things, what the promulgation of law is to men: because law, by being promulgated, imprints on man a directive principle of human actions, as stated above. Reply Obj. 2: Irrational creatures neither partake of nor are obedient to human reason: whereas they do partake of the Divine Reason by obeying it; because the power of Divine Reason extends over more things than human reason does. And as the members of the human body are moved at the command of reason, and yet do not partake of reason, since they have no apprehension subordinate to reason; so too irrational creatures are moved by God, without, on that account, being rational. Reply Obj. 3: Although the defects which occur in natural things are outside the order of particular causes, they are not outside the order of universal causes, especially of the First Cause, i.e. God, from Whose providence nothing can escape, as stated in the First Part (Q. 22, A. 2). And since the eternal law is the type of Divine providence, as stated above (A. 1), hence the defects of natural things are subject to the eternal law. ________________________

Whether All Human Affairs Are Subject to the Eternal Law? Objection 1: It would seem that not all human affairs are subject to the eternal law. For the Apostle says (Gal. 5:18): "If you are led by the spirit you are not under the law." But the righteous who are the sons of God by adoption, are led by the spirit of God, according to Rom. 8:14: "Whosoever are led by the spirit of God, they are the sons of God." Therefore not all men are under the eternal law. Obj. 2: Further, the Apostle says (Rom. 8:7): "The prudence [Vulg.: 'wisdom'] of the flesh is an enemy to God: for it is not subject to the law of God." But many are those in whom the prudence of the flesh dominates. Therefore all men are not subject to the eternal law which is the law of God. Obj. 3: Further, Augustine says (De Lib. Arb. i, 6) that "the eternal law is that by which the wicked deserve misery, the good, a life of blessedness." But those who are already blessed, and those who are already lost, are not in the state of merit. Therefore they are not under the eternal law. _On the contrary,_ Augustine says (De Civ. Dei xix, 12): "Nothing evades the laws of the most high Creator and Governor, for by Him the peace of the universe is administered." _I answer that,_ There are two ways in which a thing is subject to the eternal law, as explained above (A. 5): first, by partaking of the eternal law by way of knowledge; secondly, by way of action and passion, i.e. by partaking of the eternal law by way of an inward motive principle: and in this second way, irrational creatures are subject to the eternal law, as stated above (A. 5). But since the rational nature, together with that which it has in common with all creatures, has something proper to itself inasmuch as it is rational, consequently it is subject to the eternal law in both ways; because while each rational creature has some knowledge of the eternal law, as stated above (A. 2), it also has a natural inclination to that which is in harmony with the eternal law; for "we are naturally adapted to the recipients of virtue" (Ethic. ii, 1). Both ways, however, are imperfect, and to a certain extent destroyed, in the wicked; because in them the natural inclination to virtue is corrupted by vicious habits, and, moreover, the natural knowledge of good is darkened by passions and habits of sin. But in the good both ways are found more perfect: because in them, besides the natural knowledge of good, there is the added knowledge of faith and wisdom; and again, besides the natural inclination to good, there is the added motive of grace and virtue. Accordingly, the good are perfectly subject to the eternal law, as always acting according to it: whereas the wicked are subject to the eternal law, imperfectly as to their actions, indeed, since both their knowledge of good, and their inclination thereto, are imperfect; but this imperfection on the part of action is supplied on the part of passion, in so far as they suffer what the eternal law decrees concerning them, according as they fail to act in harmony with that law. Hence Augustine says (De Lib. Arb. i, 15): "I esteem that the righteous act according to the eternal law; and (De Catech. Rud. xviii): Out of the just misery of the souls which deserted Him, God knew how to furnish the inferior parts of His creation with most suitable laws." Reply Obj. 1: This saying of the Apostle may be understood in two ways. First, so that a man is said to be under the law, through being pinned down thereby, against his will, as by a load. Hence, on the same passage a gloss says that "he is under the law, who refrains from evil deeds, through fear of punishment threatened by the law, and not from love of virtue." In this way the spiritual man is not under the law, because he fulfils the law willingly, through charity which is poured into his heart by the Holy Ghost. Secondly, it can be understood as meaning that the works of a man, who is led by the Holy Ghost, are the works of the Holy Ghost rather than his own. Therefore, since the Holy Ghost is not under the law, as neither is the Son, as stated above (A. 4, ad 2); it follows that such works, in so far as they are of the Holy Ghost, are not under the law. The Apostle witnesses to this when he says (2 Cor. 3:17): "Where the Spirit of the Lord is, there is liberty." Reply Obj. 2: The prudence of the flesh cannot be subject to the law of God as regards action; since it inclines to actions contrary to the Divine law: yet it is subject to the law of God, as regards passion; since it deserves to suffer punishment according to the law of Divine justice. Nevertheless in no man does the prudence of the flesh dominate so far as to destroy the whole good of his nature: and consequently there remains in man the inclination to act in accordance with the eternal law. For we have seen above (Q. 85, A. 2) that sin does not destroy entirely the good of nature. Reply Obj. 3: A thing is maintained in the end and moved towards the end by one and the same cause: thus gravity which makes a heavy body rest in the lower place is also the cause of its being moved thither. We therefore reply that as it is according to the eternal law that some deserve happiness, others unhappiness, so is it by the eternal law that some are maintained in a happy state, others in an unhappy state. Accordingly both the blessed and the damned are under the eternal law. ________________________ QUESTION 94 OF THE NATURAL LAW (In Six Articles) We must now consider the natural law; concerning which there are six points of inquiry: (1) What is the natural law? (2) What are the precepts of the natural law? (3) Whether all acts of virtue are prescribed by the natural law? (4) Whether the natural law is the same in all? (5) Whether it is changeable? (6) Whether it can be abolished from the heart of man? ________________________

Whether the Natural Law Is a Habit? Objection 1: It would seem that the natural law is a habit. Because, as the Philosopher says (Ethic. ii, 5), "there are three things in the soul: power, habit, and passion." But the natural law is not one of the soul's powers: nor is it one of the passions; as we may see by going through them one by one. Therefore the natural law is a habit. Obj. 2: Further, Basil [*Damascene, De Fide Orth. iv, 22] says that the conscience or _synderesis_ "is the law of our mind"; which can only apply to the natural law. But the "synderesis" is a habit, as was shown in the First Part (Q. 79, A. 12). Therefore the natural law is a habit. Obj. 3: Further, the natural law abides in man always, as will be shown further on (A. 6). But man's reason, which the law regards, does not always think about the natural law. Therefore the natural law is not an act, but a habit. _On the contrary,_ Augustine says (De Bono Conjug. xxi) that "a habit is that whereby something is done when necessary." But such is not the natural law: since it is in infants and in the damned who cannot act by it. Therefore the natural law is not a habit. _I answer that,_ A thing may be called a habit in two ways. First, properly and essentially: and thus the natural law is not a habit. For it has been stated above (Q. 90, A. 1, ad 2) that the natural law is something appointed by reason, just as a proposition is a work of reason. Now that which a man does is not the same as that whereby he does it: for he makes a becoming speech by the habit of grammar. Since then a habit is that by which we act, a law cannot be a habit properly and essentially. Secondly, the term habit may be applied to that which we hold by a habit: thus faith may mean that which we hold by faith. And accordingly, since the precepts of the natural law are sometimes considered by reason actually, while sometimes they are in the reason only habitually, in this way the natural law may be called a habit. Thus, in speculative matters, the indemonstrable principles are not the habit itself whereby we hold those principles, but are the principles the habit of which we possess. Reply Obj. 1: The Philosopher proposes there to discover the genus of virtue; and since it is evident that virtue is a principle of action, he mentions only those things which are principles of human acts, viz. powers, habits and passions. But there are other things in the soul besides these three: there are acts; thus _to will_ is in the one that wills; again, things known are in the knower; moreover its own natural properties are in the soul, such as immortality and the like. Reply Obj. 2: _Synderesis_ is said to be the law of our mind, because it is a habit containing the precepts of the natural law, which are the first principles of human actions. Reply Obj. 3: This argument proves that the natural law is held habitually; and this is granted. To the argument advanced in the contrary sense we reply that sometimes a man is unable to make use of that which is in him habitually, on account of some impediment: thus, on account of sleep, a man is unable to use the habit of science. In like manner, through the deficiency of his age, a child cannot use the habit of understanding of principles, or the natural law, which is in him habitually. ________________________

Whether the Natural Law Contains Several Precepts, or Only One? Objection 1: It would seem that the natural law contains, not several precepts, but one only. For law is a kind of precept, as stated above (Q. 92, A. 2). If therefore there were many precepts of the natural law, it would follow that there are also many natural laws. Obj. 2: Further, the natural law is consequent to human nature. But human nature, as a whole, is one; though, as to its parts, it is manifold. Therefore, either there is but one precept of the law of nature, on account of the unity of nature as a whole; or there are many, by reason of the number of parts of human nature. The result would be that even things relating to the inclination of the concupiscible faculty belong to the natural law. Obj. 3: Further, law is something pertaining to reason, as stated above (Q. 90, A. 1). Now reason is but one in man. Therefore there is only one precept of the natural law. _On the contrary,_ The precepts of the natural law in man stand in relation to practical matters, as the first principles to matters of demonstration. But there are several first indemonstrable principles. Therefore there are also several precepts of the natural law. _I answer that,_ As stated above (Q. 91, A. 3), the precepts of the natural law are to the practical reason, what the first principles of demonstrations are to the speculative reason; because both are self-evident principles. Now a thing is said to be self-evident in two ways: first, in itself; secondly, in relation to us. Any proposition is said to be self-evident in itself, if its predicate is contained in the notion of the subject: although, to one who knows not the definition of the subject, it happens that such a proposition is not self-evident. For instance, this proposition, "Man is a rational being," is, in its very nature, self-evident, since who says "man," says "a rational being": and yet to one who knows not what a man is, this proposition is not self-evident. Hence it is that, as Boethius says (De Hebdom.), certain axioms or propositions are universally self-evident to all; and such are those propositions whose terms are known to all, as, "Every whole is greater than its part," and, "Things equal to one and the same are equal to one another." But some propositions are self-evident only to the wise, who understand the meaning of the terms of such propositions: thus to one who understands that an angel is not a body, it is self-evident that an angel is not circumscriptively in a place: but this is not evident to the unlearned, for they cannot grasp it. Now a certain order is to be found in those things that are apprehended universally. For that which, before aught else, falls under apprehension, is _being_, the notion of which is included in all things whatsoever a man apprehends. Wherefore the first indemonstrable principle is that "the same thing cannot be affirmed and denied at the same time," which is based on the notion of _being_ and _not-being:_ and on this principle all others are based, as is stated in _Metaph._ iv, text. 9. Now as _being_ is the first thing that falls under the apprehension simply, so _good_ is the first thing that falls under the apprehension of the practical reason, which is directed to action: since every agent acts for an end under the aspect of good. Consequently the first principle of practical reason is one founded on the notion of good, viz. that "good is that which all things seek after." Hence this is the first precept of law, that "good is to be done and pursued, and evil is to be avoided." All other precepts of the natural law are based upon this: so that whatever the practical reason naturally apprehends as man's good (or evil) belongs to the precepts of the natural law as something to be done or avoided. Since, however, good has the nature of an end, and evil, the nature of a contrary, hence it is that all those things to which man has a natural inclination, are naturally apprehended by reason as being good, and consequently as objects of pursuit, and their contraries as evil, and objects of avoidance. Wherefore according to the order of natural inclinations, is the order of the precepts of the natural law. Because in man there is first of all an inclination to good in accordance with the nature which he has in common with all substances: inasmuch as every substance seeks the preservation of its own being, according to its nature: and by reason of this inclination, whatever is a means of preserving human life, and of warding off its obstacles, belongs to the natural law. Secondly, there is in man an inclination to things that pertain to him more specially, according to that nature which he has in common with other animals: and in virtue of this inclination, those things are said to belong to the natural law, "which nature has taught to all animals" [*Pandect. Just. I, tit. i], such as sexual intercourse, education of offspring and so forth. Thirdly, there is in man an inclination to good, according to the nature of his reason, which nature is proper to him: thus man has a natural inclination to know the truth about God, and to live in society: and in this respect, whatever pertains to this inclination belongs to the natural law; for instance, to shun ignorance, to avoid offending those among whom one has to live, and other such things regarding the above inclination. Reply Obj. 1: All these precepts of the law of nature have the character of one natural law, inasmuch as they flow from one first precept. Reply Obj. 2: All the inclinations of any parts whatsoever of human nature, e.g. of the concupiscible and irascible parts, in so far as they are ruled by reason, belong to the natural law, and are reduced to one first precept, as stated above: so that the precepts of the natural law are many in themselves, but are based on one common foundation. Reply Obj. 3: Although reason is one in itself, yet it directs all things regarding man; so that whatever can be ruled by reason, is contained under the law of reason. ________________________

Whether All Acts of Virtue Are Prescribed by the Natural Law? Objection 1: It would seem that not all acts of virtue are prescribed by the natural law. Because, as stated above (Q. 90, A. 2) it is essential to a law that it be ordained to the common good. But some acts of virtue are ordained to the private good of the individual, as is evident especially in regards to acts of temperance. Therefore not all acts of virtue are the subject of natural law. Obj. 2: Further, every sin is opposed to some virtuous act. If therefore all acts of virtue are prescribed by the natural law, it seems to follow that all sins are against nature: whereas this applies to certain special sins. Obj. 3: Further, those things which are according to nature are common to all. But acts of virtue are not common to all: since a thing is virtuous in one, and vicious in another. Therefore not all acts of virtue are prescribed by the natural law. _On the contrary,_ Damascene says (De Fide Orth. iii, 4) that "virtues are natural." Therefore virtuous acts also are a subject of the natural law. _I answer that,_ We may speak of virtuous acts in two ways: first, under the aspect of virtuous; secondly, as such and such acts considered in their proper species. If then we speak of acts of virtue, considered as virtuous, thus all virtuous acts belong to the natural law. For it has been stated (A. 2) that to the natural law belongs everything to which a man is inclined according to his nature. Now each thing is inclined naturally to an operation that is suitable to it according to its form: thus fire is inclined to give heat. Wherefore, since the rational soul is the proper form of man, there is in every man a natural inclination to act according to reason: and this is to act according to virtue. Consequently, considered thus, all acts of virtue are prescribed by the natural law: since each one's reason naturally dictates to him to act virtuously. But if we speak of virtuous acts, considered in themselves, i.e. in their proper species, thus not all virtuous acts are prescribed by the natural law: for many things are done virtuously, to which nature does not incline at first; but which, through the inquiry of reason, have been found by men to be conducive to well-living. Reply Obj. 1: Temperance is about the natural concupiscences of food, drink and sexual matters, which are indeed ordained to the natural common good, just as other matters of law are ordained to the moral common good. Reply Obj. 2: By human nature we may mean either that which is proper to man--and in this sense all sins, as being against reason, are also against nature, as Damascene states (De Fide Orth. ii, 30): or we may mean that nature which is common to man and other animals; and in this sense, certain special sins are said to be against nature; thus contrary to sexual intercourse, which is natural to all animals, is unisexual lust, which has received the special name of the unnatural crime. Reply Obj. 3: This argument considers acts in themselves. For it is owing to the various conditions of men, that certain acts are virtuous for some, as being proportionate and becoming to them, while they are vicious for others, as being out of proportion to them. ________________________

Whether the Natural Law Is the Same in All Men? Objection 1: It would seem that the natural law is not the same in all. For it is stated in the Decretals (Dist. i) that "the natural law is that which is contained in the Law and the Gospel." But this is not common to all men; because, as it is written (Rom. 10:16), "all do not obey the gospel." Therefore the natural law is not the same in all men. Obj. 2: Further, "Things which are according to the law are said to be just," as stated in _Ethic._ v. But it is stated in the same book that nothing is so universally just as not to be subject to change in regard to some men. Therefore even the natural law is not the same in all men. Obj. 3: Further, as stated above (AA. 2, 3), to the natural law belongs everything to which a man is inclined according to his nature. Now different men are naturally inclined to different things; some to the desire of pleasures, others to the desire of honors, and other men to other things. Therefore there is not one natural law for all. _On the contrary,_ Isidore says (Etym. v, 4): "The natural law is common to all nations." _I answer that,_ As stated above (AA. 2, 3), to the natural law belong those things to which a man is inclined naturally: and among these it is proper to man to be inclined to act according to reason. Now the process of reason is from the common to the proper, as stated in _Phys._ i. The speculative reason, however, is differently situated in this matter, from the practical reason. For, since the speculative reason is busied chiefly with necessary things, which cannot be otherwise than they are, its proper conclusions, like the universal principles, contain the truth without fail. The practical reason, on the other hand, is busied with contingent matters, about which human actions are concerned: and consequently, although there is necessity in the general principles, the more we descend to matters of detail, the more frequently we encounter defects. Accordingly then in speculative matters truth is the same in all men, both as to principles and as to conclusions: although the truth is not known to all as regards the conclusions, but only as regards the principles which are called common notions. But in matters of action, truth or practical rectitude is not the same for all, as to matters of detail, but only as to the general principles: and where there is the same rectitude in matters of detail, it is not equally known to all. It is therefore evident that, as regards the general principles whether of speculative or of practical reason, truth or rectitude is the same for all, and is equally known by all. As to the proper conclusions of the speculative reason, the truth is the same for all, but is not equally known to all: thus it is true for all that the three angles of a triangle are together equal to two right angles, although it is not known to all. But as to the proper conclusions of the practical reason, neither is the truth or rectitude the same for all, nor, where it is the same, is it equally known by all. Thus it is right and true for all to act according to reason: and from this principle it follows as a proper conclusion, that goods entrusted to another should be restored to their owner. Now this is true for the majority of cases: but it may happen in a particular case that it would be injurious, and therefore unreasonable, to restore goods held in trust; for instance, if they are claimed for the purpose of fighting against one's country. And this principle will be found to fail the more, according as we descend further into detail, e.g. if one were to say that goods held in trust should be restored with such and such a guarantee, or in such and such a way; because the greater the number of conditions added, the greater the number of ways in which the principle may fail, so that it be not right to restore or not to restore. Consequently we must say that the natural law, as to general principles, is the same for all, both as to rectitude and as to knowledge. But as to certain matters of detail, which are conclusions, as it were, of those general principles, it is the same for all in the majority of cases, both as to rectitude and as to knowledge; and yet in some few cases it may fail, both as to rectitude, by reason of certain obstacles (just as natures subject to generation and corruption fail in some few cases on account of some obstacle), and as to knowledge, since in some the reason is perverted by passion, or evil habit, or an evil disposition of nature; thus formerly, theft, although it is expressly contrary to the natural law, was not considered wrong among the Germans, as Julius Caesar relates (De Bello Gall. vi). Reply Obj. 1: The meaning of the sentence quoted is not that whatever is contained in the Law and the Gospel belongs to the natural law, since they contain many things that are above nature; but that whatever belongs to the natural law is fully contained in them. Wherefore Gratian, after saying that "the natural law is what is contained in the Law and the Gospel," adds at once, by way of example, "by which everyone is commanded to do to others as he would be done by." Reply Obj. 2: The saying of the Philosopher is to be understood of things that are naturally just, not as general principles, but as conclusions drawn from them, having rectitude in the majority of cases, but failing in a few. Reply Obj. 3: As, in man, reason rules and commands the other powers, so all the natural inclinations belonging to the other powers must needs be directed according to reason. Wherefore it is universally right for all men, that all their inclinations should be directed according to reason. ________________________

Whether the Natural Law Can Be Changed? Objection 1: It would seem that the natural law can be changed. Because on Ecclus. 17:9, "He gave them instructions, and the law of life," the gloss says: "He wished the law of the letter to be written, in order to correct the law of nature." But that which is corrected is changed. Therefore the natural law can be changed. Obj. 2: Further, the slaying of the innocent, adultery, and theft are against the natural law. But we find these things changed by God: as when God commanded Abraham to slay his innocent son (Gen. 22:2); and when he ordered the Jews to borrow and purloin the vessels of the Egyptians (Ex. 12:35); and when He commanded Osee to take to himself "a wife of fornications" (Osee 1:2). Therefore the natural law can be changed. Obj. 3: Further, Isidore says (Etym. 5:4) that "the possession of all things in common, and universal freedom, are matters of natural law." But these things are seen to be changed by human laws. Therefore it seems that the natural law is subject to change. _On the contrary,_ It is said in the Decretals (Dist. v): "The natural law dates from the creation of the rational creature. It does not vary according to time, but remains unchangeable." _I answer that,_ A change in the natural law may be understood in two ways. First, by way of addition. In this sense nothing hinders the natural law from being changed: since many things for the benefit of human life have been added over and above the natural law, both by the Divine law and by human laws. Secondly, a change in the natural law may be understood by way of subtraction, so that what previously was according to the natural law, ceases to be so. In this sense, the natural law is altogether unchangeable in its first principles: but in its secondary principles, which, as we have said (A. 4), are certain detailed proximate conclusions drawn from the first principles, the natural law is not changed so that what it prescribes be not right in most cases. But it may be changed in some particular cases of rare occurrence, through some special causes hindering the observance of such precepts, as stated above (A. 4). Reply Obj. 1: The written law is said to be given for the correction of the natural law, either because it supplies what was wanting to the natural law; or because the natural law was perverted in the hearts of some men, as to certain matters, so that they esteemed those things good which are naturally evil; which perversion stood in need of correction. Reply Obj. 2: All men alike, both guilty and innocent, die the death of nature: which death of nature is inflicted by the power of God on account of original sin, according to 1 Kings 2:6: "The Lord killeth and maketh alive." Consequently, by the command of God, death can be inflicted on any man, guilty or innocent, without any injustice whatever. In like manner adultery is intercourse with another's wife; who is allotted to him by the law emanating from God. Consequently intercourse with any woman, by the command of God, is neither adultery nor fornication. The same applies to theft, which is the taking of another's property. For whatever is taken by the command of God, to Whom all things belong, is not taken against the will of its owner, whereas it is in this that theft consists. Nor is it only in human things, that whatever is commanded by God is right; but also in natural things, whatever is done by God, is, in some way, natural, as stated in the First Part, Q. 105, A. 6, ad 1. Reply Obj. 3: A thing is said to belong to the natural law in two ways. First, because nature inclines thereto: e.g. that one should not do harm to another. Secondly, because nature did not bring in the contrary: thus we might say that for man to be naked is of the natural law, because nature did not give him clothes, but art invented them. In this sense, "the possession of all things in common and universal freedom" are said to be of the natural law, because, to wit, the distinction of possessions and slavery were not brought in by nature, but devised by human reason for the benefit of human life. Accordingly the law of nature was not changed in this respect, except by addition. ________________________

Whether the Law of Nature Can Be Abolished from the Heart of Man? Objection 1: It would seem that the natural law can be abolished from the heart of man. Because on Rom. 2:14, "When the Gentiles who have not the law," etc. a gloss says that "the law of righteousness, which sin had blotted out, is graven on the heart of man when he is restored by grace." But the law of righteousness is the law of nature. Therefore the law of nature can be blotted out. Obj. 2: Further, the law of grace is more efficacious than the law of nature. But the law of grace is blotted out by sin. Much more therefore can the law of nature be blotted out. Obj. 3: Further, that which is established by law is made just. But many things are enacted by men, which are contrary to the law of nature. Therefore the law of nature can be abolished from the heart of man. _On the contrary,_ Augustine says (Confess. ii): "Thy law is written in the hearts of men, which iniquity itself effaces not." But the law which is written in men's hearts is the natural law. Therefore the natural law cannot be blotted out. _I answer that,_ As stated above (AA. 4, 5), there belong to the natural law, first, certain most general precepts, that are known to all; and secondly, certain secondary and more detailed precepts, which are, as it were, conclusions following closely from first principles. As to those general principles, the natural law, in the abstract, can nowise be blotted out from men's hearts. But it is blotted out in the case of a particular action, in so far as reason is hindered from applying the general principle to a particular point of practice, on account of concupiscence or some other passion, as stated above (Q. 77, A. 2). But as to the other, i.e. the secondary precepts, the natural law can be blotted out from the human heart, either by evil persuasions, just as in speculative matters errors occur in respect of necessary conclusions; or by vicious customs and corrupt habits, as among some men, theft, and even unnatural vices, as the Apostle states (Rom. i), were not esteemed sinful. Reply Obj. 1: Sin blots out the law of nature in particular cases, not universally, except perchance in regard to the secondary precepts of the natural law, in the way stated above. Reply Obj. 2: Although grace is more efficacious than nature, yet nature is more essential to man, and therefore more enduring. Reply Obj. 3: This argument is true of the secondary precepts of the natural law, against which some legislators have framed certain enactments which are unjust. ________________________ QUESTION 95 OF HUMAN LAW (In Four Articles) We must now consider human law; and (1) this law considered in itself; (2) its power; (3) its mutability. Under the first head there are four points of inquiry: (1) Its utility. (2) Its origin. (3) Its quality. (4) Its division. ________________________

Whether It Was Useful for Laws to Be Framed by Men? Objection 1: It would seem that it was not useful for laws to be framed by men. Because the purpose of every law is that man be made good thereby, as stated above (Q. 92, A. 1). But men are more to be induced to be good willingly by means of admonitions, than against their will, by means of laws. Therefore there was no need to frame laws. Obj. 2: Further, As the Philosopher says (Ethic. v, 4), "men have recourse to a judge as to animate justice." But animate justice is better than inanimate justice, which contained in laws. Therefore it would have been better for the execution of justice to be entrusted to the decision of judges, than to frame laws in addition. Obj. 3: Further, every law is framed for the direction of human actions, as is evident from what has been stated above (Q. 90, AA. 1, 2). But since human actions are about singulars, which are infinite in number, matter pertaining to the direction of human actions cannot be taken into sufficient consideration except by a wise man, who looks into each one of them. Therefore it would have been better for human acts to be directed by the judgment of wise men, than by the framing of laws. Therefore there was no need of human laws. _On the contrary,_ Isidore says (Etym. v, 20): "Laws were made that in fear thereof human audacity might be held in check, that innocence might be safeguarded in the midst of wickedness, and that the dread of punishment might prevent the wicked from doing harm." But these things are most necessary to mankind. Therefore it was necessary that human laws should be made. _I answer that,_ As stated above (Q. 63, A. 1; Q. 94, A. 3), man has a natural aptitude for virtue; but the perfection of virtue must be acquired by man by means of some kind of training. Thus we observe that man is helped by industry in his necessities, for instance, in food and clothing. Certain beginnings of these he has from nature, viz. his reason and his hands; but he has not the full complement, as other animals have, to whom nature has given sufficiency of clothing and food. Now it is difficult to see how man could suffice for himself in the matter of this training: since the perfection of virtue consists chiefly in withdrawing man from undue pleasures, to which above all man is inclined, and especially the young, who are more capable of being trained. Consequently a man needs to receive this training from another, whereby to arrive at the perfection of virtue. And as to those young people who are inclined to acts of virtue, by their good natural disposition, or by custom, or rather by the gift of God, paternal training suffices, which is by admonitions. But since some are found to be depraved, and prone to vice, and not easily amenable to words, it was necessary for such to be restrained from evil by force and fear, in order that, at least, they might desist from evil-doing, and leave others in peace, and that they themselves, by being habituated in this way, might be brought to do willingly what hitherto they did from fear, and thus become virtuous. Now this kind of training, which compels through fear of punishment, is the discipline of laws. Therefore in order that man might have peace and virtue, it was necessary for laws to be framed: for, as the Philosopher says (Polit. i, 2), "as man is the most noble of animals if he be perfect in virtue, so is he the lowest of all, if he be severed from law and righteousness"; because man can use his reason to devise means of satisfying his lusts and evil passions, which other animals are unable to do. Reply Obj. 1: Men who are well disposed are led willingly to virtue by being admonished better than by coercion: but men who are evilly disposed are not led to virtue unless they are compelled. Reply Obj. 2: As the Philosopher says (Rhet. i, 1), "it is better that all things be regulated by law, than left to be decided by judges": and this for three reasons. First, because it is easier to find a few wise men competent to frame right laws, than to find the many who would be necessary to judge aright of each single case. Secondly, because those who make laws consider long beforehand what laws to make; whereas judgment on each single case has to be pronounced as soon as it arises: and it is easier for man to see what is right, by taking many instances into consideration, than by considering one solitary fact. Thirdly, because lawgivers judge in the abstract and of future events; whereas those who sit in judgment judge of things present, towards which they are affected by love, hatred, or some kind of cupidity; wherefore their judgment is perverted. Since then the animated justice of the judge is not found in every man, and since it can be deflected, therefore it was necessary, whenever possible, for the law to determine how to judge, and for very few matters to be left to the decision of men. Reply Obj. 3: Certain individual facts which cannot be covered by the law "have necessarily to be committed to judges," as the Philosopher says in the same passage: for instance, "concerning something that has happened or not happened," and the like. ________________________

Whether Every Human Law Is Derived from the Natural Law? Objection 1: It would seem that not every human law is derived from the natural law. For the Philosopher says (Ethic. v, 7) that "the legal just is that which originally was a matter of indifference." But those things which arise from the natural law are not matters of indifference. Therefore the enactments of human laws are not derived from the natural law. Obj. 2: Further, positive law is contrasted with natural law, as stated by Isidore (Etym. v, 4) and the Philosopher (Ethic. v, 7). But those things which flow as conclusions from the general principles of the natural law belong to the natural law, as stated above (Q. 94, A. 4). Therefore that which is established by human law does not belong to the natural law. Obj. 3: Further, the law of nature is the same for all; since the Philosopher says (Ethic. v, 7) that "the natural just is that which is equally valid everywhere." If therefore human laws were derived from the natural law, it would follow that they too are the same for all: which is clearly false. Obj. 4: Further, it is possible to give a reason for things which are derived from the natural law. But "it is not possible to give the reason for all the legal enactments of the lawgivers," as the jurist says [*Pandect. Justin. lib. i, ff, tit. iii, v; De Leg. et Senat.]. Therefore not all human laws are derived from the natural law. _On the contrary,_ Tully says (Rhet. ii): "Things which emanated from nature and were approved by custom, were sanctioned by fear and reverence for the laws." _I answer that,_ As Augustine says (De Lib. Arb. i, 5) "that which is not just seems to be no law at all": wherefore the force of a law depends on the extent of its justice. Now in human affairs a thing is said to be just, from being right, according to the rule of reason. But the first rule of reason is the law of nature, as is clear from what has been stated above (Q. 91, A. 2, ad 2). Consequently every human law has just so much of the nature of law, as it is derived from the law of nature. But if in any point it deflects from the law of nature, it is no longer a law but a perversion of law. But it must be noted that something may be derived from the natural law in two ways: first, as a conclusion from premises, secondly, by way of determination of certain generalities. The first way is like to that by which, in sciences, demonstrated conclusions are drawn from the principles: while the second mode is likened to that whereby, in the arts, general forms are particularized as to details: thus the craftsman needs to determine the general form of a house to some particular shape. Some things are therefore derived from the general principles of the natural law, by way of conclusions; e.g. that "one must not kill" may be derived as a conclusion from the principle that "one should do harm to no man": while some are derived therefrom by way of determination; e.g. the law of nature has it that the evil-doer should be punished; but that he be punished in this or that way, is a determination of the law of nature. Accordingly both modes of derivation are found in the human law. But those things which are derived in the first way, are contained in human law not as emanating therefrom exclusively, but have some force from the natural law also. But those things which are derived in the second way, have no other force than that of human law. Reply Obj. 1: The Philosopher is speaking of those enactments which are by way of determination or specification of the precepts of the natural law. Reply Obj. 2: This argument avails for those things that are derived from the natural law, by way of conclusions. Reply Obj. 3: The general principles of the natural law cannot be applied to all men in the same way on account of the great variety of human affairs: and hence arises the diversity of positive laws among various people. Reply Obj. 4: These words of the Jurist are to be understood as referring to decisions of rulers in determining particular points of the natural law: on which determinations the judgment of expert and prudent men is based as on its principles; in so far, to wit, as they see at once what is the best thing to decide. Hence the Philosopher says (Ethic. vi, 11) that in such matters, "we ought to pay as much attention to the undemonstrated sayings and opinions of persons who surpass us in experience, age and prudence, as to their demonstrations." ________________________

Whether Isidore's Description of the Quality of Positive Law Is Appropriate? Objection 1: It would seem that Isidore's description of the quality of positive law is not appropriate, when he says (Etym. v, 21): "Law shall be virtuous, just, possible to nature, according to the custom of the country, suitable to place and time, necessary, useful; clearly expressed, lest by its obscurity it lead to misunderstanding; framed for no private benefit, but for the common good." Because he had previously expressed the quality of law in three conditions, saying that "law is anything founded on reason, provided that it foster religion, be helpful to discipline, and further the common weal." Therefore it was needless to add any further conditions to these. Obj. 2: Further, Justice is included in honesty, as Tully says (De Offic. vii). Therefore after saying "honest" it was superfluous to add "just." Obj. 3: Further, written law is condivided with custom, according to Isidore (Etym. ii, 10). Therefore it should not be stated in the definition of law that it is "according to the custom of the country." Obj. 4: Further, a thing may be necessary in two ways. It may be necessary simply, because it cannot be otherwise: and that which is necessary in this way, is not subject to human judgment, wherefore human law is not concerned with necessity of this kind. Again a thing may be necessary for an end: and this necessity is the same as usefulness. Therefore it is superfluous to say both "necessary" and "useful." _On the contrary,_ stands the authority of Isidore. _I answer that,_ Whenever a thing is for an end, its form must be determined proportionately to that end; as the form of a saw is such as to be suitable for cutting (Phys. ii, text. 88). Again, everything that is ruled and measured must have a form proportionate to its rule and measure. Now both these conditions are verified of human law: since it is both something ordained to an end; and is a rule or measure ruled or measured by a higher measure. And this higher measure is twofold, viz. the Divine law and the natural law, as explained above (A. 2; Q. 93, A. 3). Now the end of human law is to be useful to man, as the Jurist states [*Pandect. Justin. lib. xxv, ff., tit. iii; De Leg. et Senat.]. Wherefore Isidore in determining the nature of law, lays down, at first, three conditions; viz. that it "foster religion," inasmuch as it is proportionate to the Divine law; that it be "helpful to discipline," inasmuch as it is proportionate to the nature law; and that it "further the common weal," inasmuch as it is proportionate to the utility of mankind. All the other conditions mentioned by him are reduced to these three. For it is called virtuous because it fosters religion. And when he goes on to say that it should be "just, possible to nature, according to the customs of the country, adapted to place and time," he implies that it should be helpful to discipline. For human discipline depends first on the order of reason, to which he refers by saying "just": secondly, it depends on the ability of the agent; because discipline should be adapted to each one according to his ability, taking also into account the ability of nature (for the same burdens should not be laid on children as adults); and should be according to human customs; since man cannot live alone in society, paying no heed to others: thirdly, it depends on certain circumstances, in respect of which he says, "adapted to place and time." The remaining words, "necessary, useful," etc. mean that law should further the common weal: so that "necessity" refers to the removal of evils; "usefulness" to the attainment of good; "clearness of expression," to the need of preventing any harm ensuing from the law itself. And since, as stated above (Q. 90, A. 2), law is ordained to the common good, this is expressed in the last part of the description. This suffices for the Replies to the Objections. ________________________

Whether Isidore's Division of Human Laws Is Appropriate? Objection 1: It would seem that Isidore wrongly divided human statutes or human law (Etym. v, 4, seqq.). For under this law he includes the "law of nations," so called, because, as he says, "nearly all nations use it." But as he says, "natural law is that which is common to all nations." Therefore the law of nations is not contained under positive human law, but rather under natural law. Obj. 2: Further, those laws which have the same force, seem to differ not formally but only materially. But "statutes, decrees of the commonalty, senatorial decrees," and the like which he mentions (Etym. v, 9), all have the same force. Therefore they do not differ, except materially. But art takes no notice of such a distinction: since it may go on to infinity. Therefore this division of human laws is not appropriate. Obj. 3: Further, just as, in the state, there are princes, priests and soldiers, so are there other human offices. Therefore it seems that, as this division includes _military law,_ and _public law,_ referring to priests and magistrates; so also it should include other laws pertaining to other offices of the state. Obj. 4: Further, those things that are accidental should be passed over. But it is accidental to law that it be framed by this or that man. Therefore it is unreasonable to divide laws according to the names of lawgivers, so that one be called the "Cornelian" law, another the "Falcidian" law, etc. _On the contrary,_ The authority of Isidore (Obj. 1) suffices. _I answer that,_ A thing can of itself be divided in respect of something contained in the notion of that thing. Thus a soul either rational or irrational is contained in the notion of animal: and therefore animal is divided properly and of itself in respect of its being rational or irrational; but not in the point of its being white or black, which are entirely beside the notion of animal. Now, in the notion of human law, many things are contained, in respect of any of which human law can be divided properly and of itself. For in the first place it belongs to the notion of human law, to be derived from the law of nature, as explained above (A. 2). In this respect positive law is divided into the _law of nations_ and _civil law,_ according to the two ways in which something may be derived from the law of nature, as stated above (A. 2). Because, to the law of nations belong those things which are derived from the law of nature, as conclusions from premises, e.g. just buyings and sellings, and the like, without which men cannot live together, which is a point of the law of nature, since man is by nature a social animal, as is proved in _Polit._ i, 2. But those things which are derived from the law of nature by way of particular determination, belong to the civil law, according as each state decides on what is best for itself. Secondly, it belongs to the notion of human law, to be ordained to the common good of the state. In this respect human law may be divided according to the different kinds of men who work in a special way for the common good: e.g. priests, by praying to God for the people; princes, by governing the people; soldiers, by fighting for the safety of the people. Wherefore certain special kinds of law are adapted to these men. Thirdly, it belongs to the notion of human law, to be framed by that one who governs the community of the state, as shown above (Q. 90, A. 3). In this respect, there are various human laws according to the various forms of government. Of these, according to the Philosopher (Polit. iii, 10) one is _monarchy,_ i.e. when the state is governed by one; and then we have _Royal Ordinances._ Another form is _aristocracy,_ i.e. government by the best men or men of highest rank; and then we have the _Authoritative legal opinions_ (_Responsa Prudentum_) and _Decrees of the Senate_ (_Senatus consulta_). Another form is _oligarchy,_ i.e. government by a few rich and powerful men; and then we have _Praetorian,_ also called _Honorary,_ law. Another form of government is that of the people, which is called _democracy,_ and there we have _Decrees of the commonalty_ (_Plebiscita_). There is also tyrannical government, which is altogether corrupt, which, therefore, has no corresponding law. Finally, there is a form of government made up of all these, and which is the best: and in this respect we have law sanctioned by the _Lords and Commons,_ as stated by Isidore (Etym. v, 4, seqq.). Fourthly, it belongs to the notion of human law to direct human actions. In this respect, according to the various matters of which the law treats, there are various kinds of laws, which are sometimes named after their authors: thus we have the _Lex Julia_ about adultery, the _Lex Cornelia_ concerning assassins, and so on, differentiated in this way, not on account of the authors, but on account of the matters to which they refer. Reply Obj. 1: The law of nations is indeed, in some way, natural to man, in so far as he is a reasonable being, because it is derived from the natural law by way of a conclusion that is not very remote from its premises. Wherefore men easily agreed thereto. Nevertheless it is distinct from the natural law, especially it is distinct from the natural law which is common to all animals. The Replies to the other Objections are evident from what has been said. ________________________ QUESTION 96 OF THE POWER OF HUMAN LAW (In Six Articles) We must now consider the power of human law. Under this head there are six points of inquiry: (1) Whether human law should be framed for the community? (2) Whether human law should repress all vices? (3) Whether human law is competent to direct all acts of virtue? (4) Whether it binds man in conscience? (5) Whether all men are subject to human law? (6) Whether those who are under the law may act beside the letter of the law? ________________________

Whether Human Law Should Be Framed for the Community Rather Than for the Individual? Objection 1: It would seem that human law should be framed not for the community, but rather for the individual. For the Philosopher says (Ethic. v, 7) that "the legal just . . . includes all particular acts of legislation . . . and all those matters which are the subject of decrees," which are also individual matters, since decrees are framed about individual actions. Therefore law is framed not only for the community, but also for the individual. Obj. 2: Further, law is the director of human acts, as stated above (Q. 90, AA. 1, 2). But human acts are about individual matters. Therefore human laws should be framed, not for the community, but rather for the individual. Obj. 3: Further, law is a rule and measure of human acts, as stated above (Q. 90, AA. 1, 2). But a measure should be most certain, as stated in _Metaph._ x. Since therefore in human acts no general proposition can be so certain as not to fail in some individual cases, it seems that laws should be framed not in general but for individual cases. _On the contrary,_ The Jurist says (Pandect. Justin. lib. i, tit. iii, art. ii; De legibus, etc.) that "laws should be made to suit the majority of instances; and they are not framed according to what may possibly happen in an individual case." _I answer that,_ Whatever is for an end should be proportionate to that end. Now the end of law is the common good; because, as Isidore says (Etym. v, 21) that "law should be framed, not for any private benefit, but for the common good of all the citizens." Hence human laws should be proportionate to the common good. Now the common good comprises many things. Wherefore law should take account of many things, as to persons, as to matters, and as to times. Because the community of the state is composed of many persons; and its good is procured by many actions; nor is it established to endure for only a short time, but to last for all time by the citizens succeeding one another, as Augustine says (De Civ. Dei ii, 21; xxii, 6). Reply Obj. 1: The Philosopher (Ethic. v, 7) divides the legal just, i.e. positive law, into three parts. For some things are laid down simply in a general way: and these are the general laws. Of these he says that "the legal is that which originally was a matter of indifference, but which, when enacted, is so no longer": as the fixing of the ransom of a captive. Some things affect the community in one respect, and individuals in another. These are called "privileges," i.e. "private laws," as it were, because they regard private persons, although their power extends to many matters; and in regard to these, he adds, "and further, all particular acts of legislation." Other matters are legal, not through being laws, but through being applications of general laws to particular cases: such are decrees which have the force of law; and in regard to these, he adds "all matters subject to decrees." Reply Obj. 2: A principle of direction should be applicable to many; wherefore (Metaph. x, text. 4) the Philosopher says that all things belonging to one genus, are measured by one, which is the principle in that genus. For if there were as many rules or measures as there are things measured or ruled, they would cease to be of use, since their use consists in being applicable to many things. Hence law would be of no use, if it did not extend further than to one single act. Because the decrees of prudent men are made for the purpose of directing individual actions; whereas law is a general precept, as stated above (Q. 92, A. 2, Obj. 2). Reply Obj. 3: "We must not seek the same degree of certainty in all things" (Ethic. i, 3). Consequently in contingent matters, such as natural and human things, it is enough for a thing to be certain, as being true in the greater number of instances, though at times and less frequently it fail. ________________________

Whether It Belongs to the Human Law to Repress All Vices? Objection 1: It would seem that it belongs to human law to repress all vices. For Isidore says (Etym. v, 20) that "laws were made in order that, in fear thereof, man's audacity might be held in check." But it would not be held in check sufficiently, unless all evils were repressed by law. Therefore human laws should repress all evils. Obj. 2: Further, the intention of the lawgiver is to make the citizens virtuous. But a man cannot be virtuous unless he forbear from all kinds of vice. Therefore it belongs to human law to repress all vices. Obj. 3: Further, human law is derived from the natural law, as stated above (Q. 95, A. 2). But all vices are contrary to the law of nature. Therefore human law should repress all vices. _On the contrary,_ We read in _De Lib. Arb._ i, 5: "It seems to me that the law which is written for the governing of the people rightly permits these things, and that Divine providence punishes them." But Divine providence punishes nothing but vices. Therefore human law rightly allows some vices, by not repressing them. _I answer that,_ As stated above (Q. 90, AA. 1, 2), law is framed as a rule or measure of human acts. Now a measure should be homogeneous with that which it measures, as stated in _Metaph._ x, text. 3, 4, since different things are measured by different measures. Wherefore laws imposed on men should also be in keeping with their condition, for, as Isidore says (Etym. v, 21), law should be "possible both according to nature, and according to the customs of the country." Now possibility or faculty of action is due to an interior habit or disposition: since the same thing is not possible to one who has not a virtuous habit, as is possible to one who has. Thus the same is not possible to a child as to a full-grown man: for which reason the law for children is not the same as for adults, since many things are permitted to children, which in an adult are punished by law or at any rate are open to blame. In like manner many things are permissible to men not perfect in virtue, which would be intolerable in a virtuous man. Now human law is framed for a number of human beings, the majority of whom are not perfect in virtue. Wherefore human laws do not forbid all vices, from which the virtuous abstain, but only the more grievous vices, from which it is possible for the majority to abstain; and chiefly those that are to the hurt of others, without the prohibition of which human society could not be maintained: thus human law prohibits murder, theft and such like. Reply Obj. 1: Audacity seems to refer to the assailing of others. Consequently it belongs to those sins chiefly whereby one's neighbor is injured: and these sins are forbidden by human law, as stated. Reply Obj. 2: The purpose of human law is to lead men to virtue, not suddenly, but gradually. Wherefore it does not lay upon the multitude of imperfect men the burdens of those who are already virtuous, viz. that they should abstain from all evil. Otherwise these imperfect ones, being unable to bear such precepts, would break out into yet greater evils: thus it is written (Ps. 30:33): "He that violently bloweth his nose, bringeth out blood"; and (Matt. 9:17) that if "new wine," i.e. precepts of a perfect life, "is put into old bottles," i.e. into imperfect men, "the bottles break, and the wine runneth out," i.e. the precepts are despised, and those men, from contempt, break into evils worse still. Reply Obj. 3: The natural law is a participation in us of the eternal law: while human law falls short of the eternal law. Now Augustine says (De Lib. Arb. i, 5): "The law which is framed for the government of states, allows and leaves unpunished many things that are punished by Divine providence. Nor, if this law does not attempt to do everything, is this a reason why it should be blamed for what it does." Wherefore, too, human law does not prohibit everything that is forbidden by the natural law. ________________________

Whether Human Law Prescribes Acts of All the Virtues? Objection 1: It would seem that human law does not prescribe acts of all the virtues. For vicious acts are contrary to acts of virtue. But human law does not prohibit all vices, as stated above (A. 2). Therefore neither does it prescribe all acts of virtue. Obj. 2: Further, a virtuous act proceeds from a virtue. But virtue is the end of law; so that whatever is from a virtue, cannot come under a precept of law. Therefore human law does not prescribe all acts of virtue. Obj. 3: Further, law is ordained to the common good, as stated above (Q. 90, A. 2). But some acts of virtue are ordained, not to the common good, but to private good. Therefore the law does not prescribe all acts of virtue. _On the contrary,_ The Philosopher says (Ethic. v, 1) that the law "prescribes the performance of the acts of a brave man . . . and the acts of the temperate man . . . and the acts of the meek man: and in like manner as regards the other virtues and vices, prescribing the former, forbidding the latter." _I answer that,_ The species of virtues are distinguished by their objects, as explained above (Q. 54, A. 2; Q. 60, A. 1; Q. 62, A. 2). Now all the objects of virtues can be referred either to the private good of an individual, or to the common good of the multitude: thus matters of fortitude may be achieved either for the safety of the state, or for upholding the rights of a friend, and in like manner with the other virtues. But law, as stated above (Q. 90, A. 2) is ordained to the common good. Wherefore there is no virtue whose acts cannot be prescribed by the law. Nevertheless human law does not prescribe concerning all the acts of every virtue: but only in regard to those that are ordainable to the common good--either immediately, as when certain things are done directly for the common good--or mediately, as when a lawgiver prescribes certain things pertaining to good order, whereby the citizens are directed in the upholding of the common good of justice and peace. Reply Obj. 1: Human law does not forbid all vicious acts, by the obligation of a precept, as neither does it prescribe all acts of virtue. But it forbids certain acts of each vice, just as it prescribes some acts of each virtue. Reply Obj. 2: An act is said to be an act of virtue in two ways. First, from the fact that a man does something virtuous; thus the act of justice is to do what is right, and an act of fortitude is to do brave things: and in this way law prescribes certain acts of virtue. Secondly an act of virtue is when a man does a virtuous thing in a way in which a virtuous man does it. Such an act always proceeds from virtue: and it does not come under a precept of law, but is the end at which every lawgiver aims. Reply Obj. 3: There is no virtue whose act is not ordainable to the common good, as stated above, either mediately or immediately. ________________________

Whether Human Law Binds a Man in Conscience? Objection 1: It would seem that human law does not bind man in conscience. For an inferior power has no jurisdiction in a court of higher power. But the power of man, which frames human law, is beneath the Divine power. Therefore human law cannot impose its precept in a Divine court, such as is the court of conscience. Obj. 2: Further, the judgment of conscience depends chiefly on the commandments of God. But sometimes God's commandments are made void by human laws, according to Matt. 15:6: "You have made void the commandment of God for your tradition." Therefore human law does not bind a man in conscience. Obj. 3: Further, human laws often bring loss of character and injury on man, according to Isa. 10:1 et seqq.: "Woe to them that make wicked laws, and when they write, write injustice; to oppress the poor in judgment, and do violence to the cause of the humble of My people." But it is lawful for anyone to avoid oppression and violence. Therefore human laws do not bind man in conscience. _On the contrary,_ It is written (1 Pet. 2:19): "This is thankworthy, if for conscience . . . a man endure sorrows, suffering wrongfully." _I answer that,_ Laws framed by man are either just or unjust. If they be just, they have the power of binding in conscience, from the eternal law whence they are derived, according to Prov. 8:15: "By Me kings reign, and lawgivers decree just things." Now laws are said to be just, both from the end, when, to wit, they are ordained to the common good--and from their author, that is to say, when the law that is made does not exceed the power of the lawgiver--and from their form, when, to wit, burdens are laid on the subjects, according to an equality of proportion and with a view to the common good. For, since one man is a part of the community, each man in all that he is and has, belongs to the community; just as a part, in all that it is, belongs to the whole; wherefore nature inflicts a loss on the part, in order to save the whole: so that on this account, such laws as these, which impose proportionate burdens, are just and binding in conscience, and are legal laws. On the other hand laws may be unjust in two ways: first, by being contrary to human good, through being opposed to the things mentioned above--either in respect of the end, as when an authority imposes on his subjects burdensome laws, conducive, not to the common good, but rather to his own cupidity or vainglory--or in respect of the author, as when a man makes a law that goes beyond the power committed to him--or in respect of the form, as when burdens are imposed unequally on the community, although with a view to the common good. The like are acts of violence rather than laws; because, as Augustine says (De Lib. Arb. i, 5), "a law that is not just, seems to be no law at all." Wherefore such laws do not bind in conscience, except perhaps in order to avoid scandal or disturbance, for which cause a man should even yield his right, according to Matt. 5:40, 41: "If a man . . . take away thy coat, let go thy cloak also unto him; and whosoever will force thee one mile, go with him other two." Secondly, laws may be unjust through being opposed to the Divine good: such are the laws of tyrants inducing to idolatry, or to anything else contrary to the Divine law: and laws of this kind must nowise be observed, because, as stated in Acts 5:29, "we ought to obey God rather than man." Reply Obj. 1: As the Apostle says (Rom. 13:1, 2), all human power is from God . . . "therefore he that resisteth the power," in matters that are within its scope, "resisteth the ordinance of God"; so that he becomes guilty according to his conscience. Reply Obj. 2: This argument is true of laws that are contrary to the commandments of God, which is beyond the scope of (human) power. Wherefore in such matters human law should not be obeyed. Reply Obj. 3: This argument is true of a law that inflicts unjust hurt on its subjects. The power that man holds from God does not extend to this: wherefore neither in such matters is man bound to obey the law, provided he avoid giving scandal or inflicting a more grievous hurt. ________________________

Whether All Are Subject to the Law? Objection 1: It would seem that not all are subject to the law. For those alone are subject to a law for whom a law is made. But the Apostle says (1 Tim. 1:9): "The law is not made for the just man." Therefore the just are not subject to the law. Obj. 2: Further, Pope Urban says [*Decretals. caus. xix, qu. 2]: "He that is guided by a private law need not for any reason be bound by the public law." Now all spiritual men are led by the private law of the Holy Ghost, for they are the sons of God, of whom it is said (Rom. 8:14): "Whosoever are led by the Spirit of God, they are the sons of God." Therefore not all men are subject to human law. Obj. 3: Further, the jurist says [*Pandect. Justin. i, ff., tit. 3, De Leg. et Senat.] that "the sovereign is exempt from the laws." But he that is exempt from the law is not bound thereby. Therefore not all are subject to the law. _On the contrary,_ The Apostle says (Rom. 13:1): "Let every soul be subject to the higher powers." But subjection to a power seems to imply subjection to the laws framed by that power. Therefore all men should be subject to human law. _I answer that,_ As stated above (Q. 90, AA. 1, 2; A. 3, ad 2), the notion of law contains two things: first, that it is a rule of human acts; secondly, that it has coercive power. Wherefore a man may be subject to law in two ways. First, as the regulated is subject to the regulator: and, in this way, whoever is subject to a power, is subject to the law framed by that power. But it may happen in two ways that one is not subject to a power. In one way, by being altogether free from its authority: hence the subjects of one city or kingdom are not bound by the laws of the sovereign of another city or kingdom, since they are not subject to his authority. In another way, by being under a yet higher law; thus the subject of a proconsul should be ruled by his command, but not in those matters in which the subject receives his orders from the emperor: for in these matters, he is not bound by the mandate of the lower authority, since he is directed by that of a higher. In this way, one who is simply subject to a law, may not be subject thereto in certain matters, in respect of which he is ruled by a higher law. Secondly, a man is said to be subject to a law as the coerced is subject to the coercer. In this way the virtuous and righteous are not subject to the law, but only the wicked. Because coercion and violence are contrary to the will: but the will of the good is in harmony with the law, whereas the will of the wicked is discordant from it. Wherefore in this sense the good are not subject to the law, but only the wicked. Reply Obj. 1: This argument is true of subjection by way of coercion: for, in this way, "the law is not made for the just men": because "they are a law to themselves," since they "show the work of the law written in their hearts," as the Apostle says (Rom. 2:14, 15). Consequently the law does not enforce itself upon them as it does on the wicked. Reply Obj. 2: The law of the Holy Ghost is above all law framed by man: and therefore spiritual men, in so far as they are led by the law of the Holy Ghost, are not subject to the law in those matters that are inconsistent with the guidance of the Holy Ghost. Nevertheless the very fact that spiritual men are subject to law, is due to the leading of the Holy Ghost, according to 1 Pet. 2:13: "Be ye subject . . . to every human creature for God's sake." Reply Obj. 3: The sovereign is said to be "exempt from the law," as to its coercive power; since, properly speaking, no man is coerced by himself, and law has no coercive power save from the authority of the sovereign. Thus then is the sovereign said to be exempt from the law, because none is competent to pass sentence on him, if he acts against the law. Wherefore on Ps. 50:6: "To Thee only have I sinned," a gloss says that "there is no man who can judge the deeds of a king." But as to the directive force of law, the sovereign is subject to the law by his own will, according to the statement (Extra, De Constit. cap. Cum omnes) that "whatever law a man makes for another, he should keep himself. And a wise authority [*Dionysius Cato, Dist. de Moribus] says: 'Obey the law that thou makest thyself.'" Moreover the Lord reproaches those who "say and do not"; and who "bind heavy burdens and lay them on men's shoulders, but with a finger of their own they will not move them" (Matt. 23:3, 4). Hence, in the judgment of God, the sovereign is not exempt from the law, as to its directive force; but he should fulfil it to his own free-will and not of constraint. Again the sovereign is above the law, in so far as, when it is expedient, he can change the law, and dispense in it according to time and place. ________________________

Whether He Who Is Under a Law May Act Beside the Letter of the Law? Objection 1: It seems that he who is subject to a law may not act beside the letter of the law. For Augustine says (De Vera Relig. 31): "Although men judge about temporal laws when they make them, yet when once they are made they must pass judgment not on them, but according to them." But if anyone disregard the letter of the law, saying that he observes the intention of the lawgiver, he seems to pass judgment on the law. Therefore it is not right for one who is under the law to disregard the letter of the law, in order to observe the intention of the lawgiver. Obj. 2: Further, he alone is competent to interpret the law who can make the law. But those who are subject to the law cannot make the law. Therefore they have no right to interpret the intention of the lawgiver, but should always act according to the letter of the law. Obj. 3: Further, every wise man knows how to explain his intention by words. But those who framed the laws should be reckoned wise: for Wisdom says (Prov. 8:15): "By Me kings reign, and lawgivers decree just things." Therefore we should not judge of the intention of the lawgiver otherwise than by the words of the law. _On the contrary,_ Hilary says (De Trin. iv): "The meaning of what is said is according to the motive for saying it: because things are not subject to speech, but speech to things." Therefore we should take account of the motive of the lawgiver, rather than of his very words. _I answer that,_ As stated above (A. 4), every law is directed to the common weal of men, and derives the force and nature of law accordingly. Hence the jurist says [*Pandect. Justin. lib. i, ff., tit. 3, De Leg. et Senat.]: "By no reason of law, or favor of equity, is it allowable for us to interpret harshly, and render burdensome, those useful measures which have been enacted for the welfare of man." Now it happens often that the observance of some point of law conduces to the common weal in the majority of instances, and yet, in some cases, is very hurtful. Since then the lawgiver cannot have in view every single case, he shapes the law according to what happens most frequently, by directing his attention to the common good. Wherefore if a case arise wherein the observance of that law would be hurtful to the general welfare, it should not be observed. For instance, suppose that in a besieged city it be an established law that the gates of the city are to be kept closed, this is good for public welfare as a general rule: but, it were to happen that the enemy are in pursuit of certain citizens, who are defenders of the city, it would be a great loss to the city, if the gates were not opened to them: and so in that case the gates ought to be opened, contrary to the letter of the law, in order to maintain the common weal, which the lawgiver had in view. Nevertheless it must be noted, that if the observance of the law according to the letter does not involve any sudden risk needing instant remedy, it is not competent for everyone to expound what is useful and what is not useful to the state: those alone can do this who are in authority, and who, on account of such like cases, have the power to dispense from the laws. If, however, the peril be so sudden as not to allow of the delay involved by referring the matter to authority, the mere necessity brings with it a dispensation, since necessity knows no law. Reply Obj. 1: He who in a case of necessity acts beside the letter of the law, does not judge the law; but of a particular case in which he sees that the letter of the law is not to be observed. Reply Obj. 2: He who follows the intention of the lawgiver, does not interpret the law simply; but in a case in which it is evident, by reason of the manifest harm, that the lawgiver intended otherwise. For if it be a matter of doubt, he must either act according to the letter of the law, or consult those in power. Reply Obj. 3: No man is so wise as to be able to take account of every single case; wherefore he is not able sufficiently to express in words all those things that are suitable for the end he has in view. And even if a lawgiver were able to take all the cases into consideration, he ought not to mention them all, in order to avoid confusion: but should frame the law according to that which is of most common occurrence. ________________________ QUESTION 97 OF CHANGE IN LAWS (In Four Articles) We must now consider change in laws: under which head there are four points of inquiry: (1) Whether human law is changeable? (2) Whether it should be always changed, whenever anything better occurs? (3) Whether it is abolished by custom, and whether custom obtains the force of law? (4) Whether the application of human law should be changed by dispensation of those in authority? ________________________

Whether Human Law Should Be Changed in Any Way? Objection 1: It would seem that human law should not be changed in any way at all. Because human law is derived from the natural law, as stated above (Q. 95, A. 2). But the natural law endures unchangeably. Therefore human law should also remain without any change. Obj. 2: Further, as the Philosopher says (Ethic. v, 5), a measure should be absolutely stable. But human law is the measure of human acts, as stated above (Q. 90, AA. 1, 2). Therefore it should remain without change. Obj. 3: Further, it is of the essence of law to be just and right, as stated above (Q. 95, A. 2). But that which is right once is right always. Therefore that which is law once, should be always law. _On the contrary,_ Augustine says (De Lib. Arb. i, 6): "A temporal law, however just, may be justly changed in course of time." _I answer that,_ As stated above (Q. 91, A. 3), human law is a dictate of reason, whereby human acts are directed. Thus there may be two causes for the just change of human law: one on the part of reason; the other on the part of man whose acts are regulated by law. The cause on the part of reason is that it seems natural to human reason to advance gradually from the imperfect to the perfect. Hence, in speculative sciences, we see that the teaching of the early philosophers was imperfect, and that it was afterwards perfected by those who succeeded them. So also in practical matters: for those who first endeavored to discover something useful for the human community, not being able by themselves to take everything into consideration, set up certain institutions which were deficient in many ways; and these were changed by subsequent lawgivers who made institutions that might prove less frequently deficient in respect of the common weal. On the part of man, whose acts are regulated by law, the law can be rightly changed on account of the changed condition of man, to whom different things are expedient according to the difference of his condition. An example is proposed by Augustine (De Lib. Arb. i, 6): "If the people have a sense of moderation and responsibility, and are most careful guardians of the common weal, it is right to enact a law allowing such a people to choose their own magistrates for the government of the commonwealth. But if, as time goes on, the same people become so corrupt as to sell their votes, and entrust the government to scoundrels and criminals; then the right of appointing their public officials is rightly forfeit to such a people, and the choice devolves to a few good men." Reply Obj. 1: The natural law is a participation of the eternal law, as stated above (Q. 91, A. 2), and therefore endures without change, owing to the unchangeableness and perfection of the Divine Reason, the Author of nature. But the reason of man is changeable and imperfect: wherefore his law is subject to change. Moreover the natural law contains certain universal precepts, which are everlasting: whereas human law contains certain particular precepts, according to various emergencies. Reply Obj. 2: A measure should be as enduring as possible. But nothing can be absolutely unchangeable in things that are subject to change. And therefore human law cannot be altogether unchangeable. Reply Obj. 3: In corporal things, right is predicated absolutely: and therefore, as far as itself is concerned, always remains right. But right is predicated of law with reference to the common weal, to which one and the same thing is not always adapted, as stated above: wherefore rectitude of this kind is subject to change. ________________________

Whether Human Law Should Always Be Changed, Whenever Something Better Occurs? Objection 1: It would seem that human law should be changed, whenever something better occurs. Because human laws are devised by human reason, like other arts. But in the other arts, the tenets of former times give place to others, if something better occurs. Therefore the same should apply to human laws. Obj. 2: Further, by taking note of the past we can provide for the future. Now unless human laws had been changed when it was found possible to improve them, considerable inconvenience would have ensued; because the laws of old were crude in many points. Therefore it seems that laws should be changed, whenever anything better occurs to be enacted. Obj. 3: Further, human laws are enacted about single acts of man. But we cannot acquire perfect knowledge in singular matters, except by experience, which "requires time," as stated in _Ethic._ ii. Therefore it seems that as time goes on it is possible for something better to occur for legislation. _On the contrary,_ It is stated in the Decretals (Dist. xii, 5): "It is absurd, and a detestable shame, that we should suffer those traditions to be changed which we have received from the fathers of old." _I answer that,_ As stated above (A. 1), human law is rightly changed, in so far as such change is conducive to the common weal. But, to a certain extent, the mere change of law is of itself prejudicial to the common good: because custom avails much for the observance of laws, seeing that what is done contrary to general custom, even in slight matters, is looked upon as grave. Consequently, when a law is changed, the binding power of the law is diminished, in so far as custom is abolished. Wherefore human law should never be changed, unless, in some way or other, the common weal be compensated according to the extent of the harm done in this respect. Such compensation may arise either from some very great and every evident benefit conferred by the new enactment; or from the extreme urgency of the case, due to the fact that either the existing law is clearly unjust, or its observance extremely harmful. Wherefore the Jurist says [*Pandect. Justin. lib. i, ff., tit. 4, De Constit. Princip.] that "in establishing new laws, there should be evidence of the benefit to be derived, before departing from a law which has long been considered just." Reply Obj. 1: Rules of art derive their force from reason alone: and therefore whenever something better occurs, the rule followed hitherto should be changed. But "laws derive very great force from custom," as the Philosopher states (Polit. ii, 5): consequently they should not be quickly changed. Reply Obj. 2: This argument proves that laws ought to be changed: not in view of any improvement, but for the sake of a great benefit or in a case of great urgency, as stated above. This answer applies also to the Third Objection. ________________________

Whether Custom Can Obtain Force of Law? Objection 1: It would seem that custom cannot obtain force of law, nor abolish a law. Because human law is derived from the natural law and from the Divine law, as stated above (Q. 93, A. 3; Q. 95, A. 2). But human custom cannot change either the law of nature or the Divine law. Therefore neither can it change human law. Obj. 2: Further, many evils cannot make one good. But he who first acted against the law, did evil. Therefore by multiplying such acts, nothing good is the result. Now a law is something good; since it is a rule of human acts. Therefore law is not abolished by custom, so that the mere custom should obtain force of law. Obj. 3: Further, the framing of laws belongs to those public men whose business it is to govern the community; wherefore private individuals cannot make laws. But custom grows by the acts of private individuals. Therefore custom cannot obtain force of law, so as to abolish the law. _On the contrary,_ Augustine says (Ep. ad Casulan. xxxvi): "The customs of God's people and the institutions of our ancestors are to be considered as laws. And those who throw contempt on the customs of the Church ought to be punished as those who disobey the law of God." _I answer that,_ All law proceeds from the reason and will of the lawgiver; the Divine and natural laws from the reasonable will of God; the human law from the will of man, regulated by reason. Now just as human reason and will, in practical matters, may be made manifest by speech, so may they be made known by deeds: since seemingly a man chooses as good that which he carries into execution. But it is evident that by human speech, law can be both changed and expounded, in so far as it manifests the interior movement and thought of human reason. Wherefore by actions also, especially if they be repeated, so as to make a custom, law can be changed and expounded; and also something can be established which obtains force of law, in so far as by repeated external actions, the inward movement of the will, and concepts of reason are most effectually declared; for when a thing is done again and again, it seems to proceed from a deliberate judgment of reason. Accordingly, custom has the force of a law, abolishes law, and is the interpreter of law. Reply Obj. 1: The natural and Divine laws proceed from the Divine will, as stated above. Wherefore they cannot be changed by a custom proceeding from the will of man, but only by Divine authority. Hence it is that no custom can prevail over the Divine or natural laws: for Isidore says (Synon. ii, 16): "Let custom yield to authority: evil customs should be eradicated by law and reason." Reply Obj. 2: As stated above (Q. 96, A. 6), human laws fail in some cases: wherefore it is possible sometimes to act beside the law; namely, in a case where the law fails; yet the act will not be evil. And when such cases are multiplied, by reason of some change in man, then custom shows that the law is no longer useful: just as it might be declared by the verbal promulgation of a law to the contrary. If, however, the same reason remains, for which the law was useful hitherto, then it is not the custom that prevails against the law, but the law that overcomes the custom: unless perhaps the sole reason for the law seeming useless, be that it is not "possible according to the custom of the country" [*Q. 95, A. 3], which has been stated to be one of the conditions of law. For it is not easy to set aside the custom of a whole people. Reply Obj. 3: The people among whom a custom is introduced may be of two conditions. For if they are free, and able to make their own laws, the consent of the whole people expressed by a custom counts far more in favor of a particular observance, that does the authority of the sovereign, who has not the power to frame laws, except as representing the people. Wherefore although each individual cannot make laws, yet the whole people can. If however the people have not the free power to make their own laws, or to abolish a law made by a higher authority; nevertheless with such a people a prevailing custom obtains force of law, in so far as it is tolerated by those to whom it belongs to make laws for that people: because by the very fact that they tolerate it they seem to approve of that which is introduced by custom. ________________________

Whether the Rulers of the People Can Dispense from Human Laws? Objection 1: It would seem that the rulers of the people cannot dispense from human laws. For the law is established for the "common weal," as Isidore says (Etym. v, 21). But the common good should not be set aside for the private convenience of an individual: because, as the Philosopher says (Ethic. i, 2), "the good of the nation is more godlike than the good of one man." Therefore it seems that a man should not be dispensed from acting in compliance with the general law. Obj. 2: Further, those who are placed over others are commanded as follows (Deut. 1:17): "You shall hear the little as well as the great; neither shall you respect any man's person, because it is the judgment of God." But to allow one man to do that which is equally forbidden to all, seems to be respect of persons. Therefore the rulers of a community cannot grant such dispensations, since this is against a precept of the Divine law. Obj. 3: Further, human law, in order to be just, should accord with the natural and Divine laws: else it would not "foster religion," nor be "helpful to discipline," which is requisite to the nature of law, as laid down by Isidore (Etym. v, 3). But no man can dispense from the Divine and natural laws. Neither, therefore, can he dispense from the human law. _On the contrary,_ The Apostle says (1 Cor. 9:17): "A dispensation is committed to me." _I answer that,_ Dispensation, properly speaking, denotes a measuring out to individuals of some common goods: thus the head of a household is called a dispenser, because to each member of the household he distributes work and necessaries of life in due weight and measure. Accordingly in every community a man is said to dispense, from the very fact that he directs how some general precept is to be fulfilled by each individual. Now it happens at times that a precept, which is conducive to the common weal as a general rule, is not good for a particular individual, or in some particular case, either because it would hinder some greater good, or because it would be the occasion of some evil, as explained above (Q. 96, A. 6). But it would be dangerous to leave this to the discretion of each individual, except perhaps by reason of an evident and sudden emergency, as stated above (Q. 96, A. 6). Consequently he who is placed over a community is empowered to dispense in a human law that rests upon his authority, so that, when the law fails in its application to persons or circumstances, he may allow the precept of the law not to be observed. If however he grant this permission without any such reason, and of his mere will, he will be an unfaithful or an imprudent dispenser: unfaithful, if he has not the common good in view; imprudent, if he ignores the reasons for granting dispensations. Hence Our Lord says (Luke 12:42): "Who, thinkest thou, is the faithful and wise dispenser [Douay: steward], whom his lord setteth over his family?" Reply Obj. 1: When a person is dispensed from observing the general law, this should not be done to the prejudice of, but with the intention of benefiting, the common good. Reply Obj. 2: It is not respect of persons if unequal measures are served out to those who are themselves unequal. Wherefore when the condition of any person requires that he should reasonably receive special treatment, it is not respect of persons if he be the object of special favor. Reply Obj. 3: Natural law, so far as it contains general precepts, which never fail, does not allow of dispensations. In other precepts, however, which are as conclusions of the general precepts, man sometimes grants a dispensation: for instance, that a loan should not be paid back to the betrayer of his country, or something similar. But to the Divine law each man stands as a private person to the public law to which he is subject. Wherefore just as none can dispense from public human law, except the man from whom the law derives its authority, or his delegate; so, in the precepts of the Divine law, which are from God, none can dispense but God, or the man to whom He may give special power for that purpose. ________________________ QUESTION 98 OF THE OLD LAW (In Six Articles) In due sequence we must now consider the Old Law; and (1) The Law itself; (2) Its precepts. Under the first head there are six points of inquiry: (1) Whether the Old Law was good? (2) Whether it was from God? (3) Whether it came from Him through the angels? (4) Whether it was given to all? (5) Whether it was binding on all? (6) Whether it was given at a suitable time? ________________________

Whether the Old Law Was Good? Objection 1: It would seem that the Old Law was not good. For it is written (Ezech. 20:25): "I gave them statutes that were not good, and judgments in which they shall not live." But a law is not said to be good except on account of the goodness of the precepts that it contains. Therefore the Old Law was not good. Obj. 2: Further, it belongs to the goodness of a law that it conduce to the common welfare, as Isidore says (Etym. v, 3). But the Old Law was not salutary; rather was it deadly and hurtful. For the Apostle says (Rom. 7:8, seqq.): "Without the law sin was dead. And I lived some time without the law. But when the commandment came sin revived; and I died." Again he says (Rom. 5:20): "Law entered in that sin might abound." Therefore the Old Law was not good. Obj. 3: Further, it belongs to the goodness of the law that it should be possible to obey it, both according to nature, and according to human custom. But such the Old Law was not: since Peter said (Acts 15:10): "Why tempt you (God) to put a yoke on the necks of the disciples, which neither our fathers nor we have been able to bear?" Therefore it seems that the Old Law was not good. _On the contrary,_ The Apostle says (Rom. 7:12): "Wherefore the law indeed is holy, and the commandment holy, and just, and good." _I answer that,_ Without any doubt, the Old Law was good. For just as a doctrine is shown to be good by the fact that it accords with right reason, so is a law proved to be good if it accords with reason. Now the Old Law was in accordance with reason. Because it repressed concupiscence which is in conflict with reason, as evidenced by the commandment, "Thou shalt not covet thy neighbor's goods" (Ex. 20:17). Moreover the same law forbade all kinds of sin; and these too are contrary to reason. Consequently it is evident that it was a good law. The Apostle argues in the same way (Rom. 7): "I am delighted," says he (verse 22), "with the law of God, according to the inward man": and again (verse 16): "I consent to the law, that is good." But it must be noted that the good has various degrees, as Dionysius states (Div. Nom. iv): for there is a perfect good, and an imperfect good. In things ordained to an end, there is perfect goodness when a thing is such that it is sufficient in itself to conduce to the end: while there is imperfect goodness when a thing is of some assistance in attaining the end, but is not sufficient for the realization thereof. Thus a medicine is perfectly good, if it gives health to a man; but it is imperfect, if it helps to cure him, without being able to bring him back to health. Again it must be observed that the end of human law is different from the end of Divine law. For the end of human law is the temporal tranquillity of the state, which end law effects by directing external actions, as regards those evils which might disturb the peaceful condition of the state. On the other hand, the end of the Divine law is to bring man to that end which is everlasting happiness; which end is hindered by any sin, not only of external, but also of internal action. Consequently that which suffices for the perfection of human law, viz. the prohibition and punishment of sin, does not suffice for the perfection of the Divine law: but it is requisite that it should make man altogether fit to partake of everlasting happiness. Now this cannot be done save by the grace of the Holy Ghost, whereby "charity" which fulfilleth the law . . . "is spread abroad in our hearts" (Rom. 5:5): since "the grace of God is life everlasting" (Rom. 6:23). But the Old Law could not confer this grace, for this was reserved to Christ; because, as it is written (John 1:17), the law was given "by Moses, grace and truth came by Jesus Christ." Consequently the Old Law was good indeed, but imperfect, according to Heb. 7:19: "The law brought nothing to perfection." Reply Obj. 1: The Lord refers there to the ceremonial precepts; which are said not to be good, because they did not confer grace unto the remission of sins, although by fulfilling these precepts man confessed himself a sinner. Hence it is said pointedly, "and judgments in which they shall not live"; i.e. whereby they are unable to obtain life; and so the text goes on: "And I polluted them," i.e. showed them to be polluted, "in their own gifts, when they offered all that opened the womb, for their offenses." Reply Obj. 2: The law is said to have been deadly, as being not the cause, but the occasion of death, on account of its imperfection: in so far as it did not confer grace enabling man to fulfil what is prescribed, and to avoid what it forbade. Hence this occasion was not given to men, but taken by them. Wherefore the Apostle says (Rom. 5:11): "Sin, taking occasion by the commandment, seduced me, and by it killed me." In the same sense when it is said that "the law entered in that sin might abound," the conjunction "that" must be taken as consecutive and not final: in so far as men, taking occasion from the law, sinned all the more, both because a sin became more grievous after law had forbidden it, and because concupiscence increased, since we desire a thing the more from its being forbidden. Reply Obj. 3: The yoke of the law could not be borne without the help of grace, which the law did not confer: for it is written (Rom. 9:16): "It is not him that willeth, nor of him that runneth," viz. that he wills and runs in the commandments of God, "but of God that showeth mercy." Wherefore it is written (Ps. 118:32): "I have run the way of Thy commandments, when Thou didst enlarge my heart," i.e. by giving me grace and charity. ________________________

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. ________________________

Whether the Old Law Was Given Through the Angels? Objection 1: It seems that the Old Law was not given through the angels, but immediately by God. For an angel means a "messenger"; so that the word "angel" denotes ministry, not lordship, according to Ps. 102:20, 21: "Bless the Lord, all ye His Angels . . . you ministers of His." But the Old Law is related to have been given by the Lord: for it is written (Ex. 20:1): "And the Lord spoke . . . these words," and further on: "I am the Lord Thy God." Moreover the same expression is often repeated in Exodus, and the later books of the Law. Therefore the Law was given by God immediately. Obj. 2: Further, according to John 1:17, "the Law was given by Moses." But Moses received it from God immediately: for it is written (Ex. 33:11): "The Lord spoke to Moses face to face, as a man is wont to speak to his friend." Therefore the Old Law was given by God immediately. Obj. 3: Further, it belongs to the sovereign alone to make a law, as stated above (Q. 90, A. 3). But God alone is Sovereign as regards the salvation of souls: while the angels are the "ministering spirits," as stated in Heb. 1:14. Therefore it was not meet for the Law to be given through the angels, since it is ordained to the salvation of souls. _On the contrary,_ The Apostle said (Gal. 3:19) that the Law was "given [Vulg.: 'ordained'] by angels in the hand of a Mediator." And Stephen said (Acts 7:53): "(Who) have received the Law by the disposition of angels." _I answer that,_ The Law was given by God through the angels. And besides the general reason given by Dionysius (Coel. Hier. iv), viz. that "the gifts of God should be brought to men by means of the angels," there is a special reason why the Old Law should have been given through them. For it has been stated (AA. 1, 2) that the Old Law was imperfect, and yet disposed man to that perfect salvation of the human race, which was to come through Christ. Now it is to be observed that wherever there is an order of powers or arts, he that holds the highest place, himself exercises the principal and perfect acts; while those things which dispose to the ultimate perfection are effected by him through his subordinates: thus the ship-builder himself rivets the planks together, but prepares the material by means of the workmen who assist him under his direction. Consequently it was fitting that the perfect law of the New Testament should be given by the incarnate God immediately; but that the Old Law should be given to men by the ministers of God, i.e. by the angels. It is thus that the Apostle at the beginning of his epistle to the Hebrews (1:2) proves the excellence of the New Law over the Old; because in the New Testament "God . . . hath spoken to us by His Son," whereas in the Old Testament "the word was spoken by angels" (Heb. 2:2). Reply Obj. 1: As Gregory says at the beginning of his Morals (Praef. chap. i), "the angel who is described to have appeared to Moses, is sometimes mentioned as an angel, sometimes as the Lord: an angel, in truth, in respect of that which was subservient to the external delivery; and the Lord, because He was the Director within, Who supported the effectual power of speaking." Hence also it is that the angel spoke as personating the Lord. Reply Obj. 2: As Augustine says (Gen. ad lit. xii, 27), it is stated in Exodus that "the Lord spoke to Moses face to face"; and shortly afterwards we read, "'Show me Thy glory.' Therefore He perceived what he saw and he desired what he saw not." Hence he did not see the very Essence of God; and consequently he was not taught by Him immediately. Accordingly when Scripture states that "He spoke to him face to face," this is to be understood as expressing the opinion of the people, who thought that Moses was speaking with God mouth to mouth, when God spoke and appeared to him, by means of a subordinate creature, i.e. an angel and a cloud. Again we may say that this vision "face to face" means some kind of sublime and familiar contemplation, inferior to the vision of the Divine Essence. Reply Obj. 3: It is for the sovereign alone to make a law by his own authority; but sometimes after making a law, he promulgates it through others. Thus God made the Law by His own authority, but He promulgated it through the angels. ________________________ FOURTH ARTICLE [I-II, Q, 98, Art. 4] Whether the Old Law Should Have Been Given to the Jews Alone? Objection 1: It would seem that the Old Law should not have been given to the Jews alone. For the Old Law disposed men for the salvation which was to come through Christ, as stated above (AA. 2, 3). But that salvation was to come not to the Jews alone but to all nations, according to Isa. 49:6: "It is a small thing that thou shouldst be my servant to raise up the tribes of Jacob, and to convert the dregs of Israel. Behold I have given thee to be the light of the Gentiles, that thou mayest be My salvation, even to the farthest part of the earth." Therefore the Old Law should have been given to all nations, and not to one people only. Obj. 2: Further, according to Acts 10:34, 35, "God is not a respecter of persons: but in every nation, he that feareth Him, and worketh justice, is acceptable to Him." Therefore the way of salvation should not have been opened to one people more than to another. Obj. 3: Further, the law was given through the angels, as stated above (A. 3). But God always vouchsafed the ministrations of the angels not to the Jews alone, but to all nations: for it is written (Ecclus. 17:14): "Over every nation He set a ruler." Also on all nations He bestows temporal goods, which are of less account with God than spiritual goods. Therefore He should have given the Law also to all peoples. _On the contrary,_ It is written (Rom. 3:1, 2): "What advantage then hath the Jew? . . . Much every way. First indeed, because the words of God were committed to them": and (Ps. 147:9): "He hath not done in like manner to every nation: and His judgments He hath not made manifest unto them." _I answer that,_ It might be assigned as a reason for the Law being given to the Jews rather than to other peoples, that the Jewish people alone remained faithful to the worship of one God, while the others turned away to idolatry; wherefore the latter were unworthy to receive the Law, lest a holy thing should be given to dogs. But this reason does not seem fitting: because that people turned to idolatry, even after the Law had been made, which was more grievous, as is clear from Ex. 32 and from Amos 5:25, 26: "Did you offer victims and sacrifices to Me in the desert for forty years, O house of Israel? But you carried a tabernacle for your Moloch, and the image of your idols, the star of your god, which you made to yourselves." Moreover it is stated expressly (Deut. 9:6): "Know therefore that the Lord thy God giveth thee not this excellent land in possession for thy justices, for thou art a very stiff-necked people": but the real reason is given in the preceding verse: "That the Lord might accomplish His word, which He promised by oath to thy fathers Abraham, Isaac, and Jacob." What this promise was is shown by the Apostle, who says (Gal. 3:16) that "to Abraham were the promises made and to his seed. He saith not, 'And to his seeds,' as of many: but as of one, 'And to thy seed,' which is Christ." And so God vouchsafed both the Law and other special boons to that people, on account of the promised made to their fathers that Christ should be born of them. For it was fitting that the people, of whom Christ was to be born, should be signalized by a special sanctification, according to the words of Lev. 19:2: "Be ye holy, because I . . . am holy." Nor again was it on account of the merit of Abraham himself that this promise was made to him, viz. that Christ should be born of his seed: but of gratuitous election and vocation. Hence it is written (Isa. 41:2): "Who hath raised up the just one form the east, hath called him to follow him?" It is therefore evident that it was merely from gratuitous election that the patriarchs received the promise, and that the people sprung from them received the law; according to Deut. 4:36, 37: "Ye did [Vulg.: 'Thou didst'] hear His words out of the midst of the fire, because He loved thy fathers, and chose their seed after them." And if again it asked why He chose this people, and not another, that Christ might be born thereof; a fitting answer is given by Augustine (Tract. super Joan. xxvi): "Why He draweth one and draweth not another, seek not thou to judge, if thou wish not to err." Reply Obj. 1: Although the salvation, which was to come through Christ, was prepared for all nations, yet it was necessary that Christ should be born of one people, which, for this reason, was privileged above other peoples; according to Rom. 9:4: "To whom," namely the Jews, "belongeth the adoption as of children (of God) . . . and the testament, and the giving of the Law . . . whose are the fathers, and of whom is Christ according to the flesh." Reply Obj. 2: Respect of persons takes place in those things which are given according to due; but it has no place in those things which are bestowed gratuitously. Because he who, out of generosity, gives of his own to one and not to another, is not a respecter of persons: but if he were a dispenser of goods held in common, and were not to distribute them according to personal merits, he would be a respecter of persons. Now God bestows the benefits of salvation on the human race gratuitously: wherefore He is not a respecter of persons, if He gives them to some rather than to others. Hence Augustine says (De Praedest. Sanct. viii): "All whom God teaches, he teaches out of pity; but whom He teaches not, out of justice He teaches not": for this is due to the condemnation of the human race for the sin of the first parent. Reply Obj. 3: The benefits of grace are forfeited by man on account of sin: but not the benefits of nature. Among the latter are the ministries of the angels, which the very order of various natures demands, viz. that the lowest beings be governed through the intermediate beings: and also bodily aids, which God vouchsafes not only to men, but also to beasts, according to Ps. 35:7: "Men and beasts Thou wilt preserve, O Lord." ________________________

Whether All Men Were Bound to Observe the Old Law? Objection 1: It would seem that all men were bound to observe the Old Law. Because whoever is subject to the king, must needs be subject to his law. But the Old Law was given by God, Who is "King of all the earth" (Ps. 46:8). Therefore all the inhabitants of the earth were bound to observe the Law. Obj. 2: Further, the Jews could not be saved without observing the Old Law: for it is written (Deut. 27:26): "Cursed be he that abideth not in the words of this law, and fulfilleth them not in work." If therefore other men could be saved without the observance of the Old Law, the Jews would be in a worse plight than other men. Obj. 3: Further, the Gentiles were admitted to the Jewish ritual and to the observances of the Law: 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 he that is born in the land." But it would have been useless to admit strangers to the legal observances according to Divine ordinance, if they could have been saved without the observance of the Law. Therefore none could be saved without observing the Law. _On the contrary,_ Dionysius says (Coel. Hier. ix) that many of the Gentiles were brought back to God by the angels. But it is clear that the Gentiles did not observe the Law. Therefore some could be saved without observing the Law. _I answer that,_ The Old Law showed forth the precepts of the natural law, and added certain precepts of its own. Accordingly, as to those precepts of the natural law contained in the Old Law, all were bound to observe the Old Law; not because they belonged to the Old Law, but because they belonged to the natural law. But as to those precepts which were added by the Old Law, they were not binding on any save the Jewish people alone. The reason of this is because the Old Law, as stated above (A. 4), was given to the Jewish people, that it might receive a prerogative of holiness, in reverence for Christ Who was to be born of that people. Now whatever laws are enacted for the special sanctification of certain ones, are binding on them alone: thus clerics who are set aside for the service of God are bound to certain obligations to which the laity are not bound; likewise religious are bound by their profession to certain works of perfection, to which people living in the world are not bound. In like manner this people was bound to certain special observances, to which other peoples were not bound. Wherefore it is written (Deut. 18:13): "Thou shalt be perfect and without spot before the Lord thy God": and for this reason they used a kind of form of profession, as appears from Deut. 26:3: "I profess this day before the Lord thy God," etc. Reply Obj. 1: Whoever are subject to a king, are bound to observe his law which he makes for all in general. But if he orders certain things to be observed by the servants of his household, others are not bound thereto. Reply Obj. 2: The more a man is united to God, the better his state becomes: wherefore the more the Jewish people were bound to the worship of God, the greater their excellence over other peoples. Hence it is written (Deut. 4:8): "What other nation is there so renowned that hath ceremonies and just judgments, and all the law?" In like manner, from this point of view, the state of clerics is better than that of the laity, and the state of religious than that of folk living in the world. Reply Obj. 3: The Gentiles obtained salvation more perfectly and more securely under the observances of the Law than under the mere natural law: and for this reason they were admitted to them. So too the laity are now admitted to the ranks of the clergy, and secular persons to those of the religious, although they can be saved without this. ________________________

Whether the Old Law Was Suitably Given at the Time of Moses? Objection 1: It would seem that the Old Law was not suitably given at the time of Moses. Because the Old Law disposed man for the salvation which was to come through Christ, as stated above (AA. 2, 3). But man needed this salutary remedy immediately after he had sinned. Therefore the Law should have been given immediately after sin. Obj. 2: Further, the Old Law was given for the sanctification of those from whom Christ was to be born. Now the promise concerning the "seed, which is Christ" (Gal. 3:16) was first made to Abraham, as related in Gen. 12:7. Therefore the Law should have been given at once at the time of Abraham. Obj. 3: Further, as Christ was born of those alone who descended from Noe through Abraham, to whom the promise was made; so was He born of no other of the descendants of Abraham but David, to whom the promise was renewed, according to 2 Kings 23:1: "The man to whom it was appointed concerning the Christ of the God of Jacob . . . said." Therefore the Old Law should have been given after David, just as it was given after Abraham. _On the contrary,_ The Apostle says (Gal. 3:19) that the Law "was set because of transgressions, until the seed should come, to whom He made the promise, being ordained by angels in the hand of a Mediator": ordained, i.e. "given in orderly fashion," as the gloss explains. Therefore it was fitting that the Old Law should be given in this order of time. _I answer that,_ It was most fitting for the Law to be given at the time of Moses. The reason for this may be taken from two things in respect of which every law is imposed on two kinds of men. Because it is imposed on some men who are hard-hearted and proud, whom the law restrains and tames: and it is imposed on good men, who, through being instructed by the law, are helped to fulfil what they desire to do. Hence it was fitting that the Law should be given at such a time as would be appropriate for the overcoming of man's pride. For man was proud of two things, viz. of knowledge and of power. He was proud of his knowledge, as though his natural reason could suffice him for salvation: and accordingly, in order that his pride might be overcome in this matter, man was left to the guidance of his reason without the help of a written law: and man was able to learn from experience that his reason was deficient, since about the time of Abraham man had fallen headlong into idolatry and the most shameful vices. Wherefore, after those times, it was necessary for a written law to be given as a remedy for human ignorance: because "by the Law is the knowledge of sin" (Rom. 3:20). But, after man had been instructed by the Law, his pride was convinced of his weakness, through his being unable to fulfil what he knew. Hence, as the Apostle concludes (Rom. 8:3, 4), "what the Law could not do in that it was weak through the flesh, God sent [Vulg.: 'sending'] His own Son . . . that the justification of the Law might be fulfilled in us." With regard to good men, the Law was given to them as a help; which was most needed by the people, at the time when the natural law began to be obscured on account of the exuberance of sin: for it was fitting that this help should be bestowed on men in an orderly manner, so that they might be led from imperfection to perfection; wherefore it was becoming that the Old Law should be given between the law of nature and the law of grace. Reply Obj. 1: It was not fitting for the Old Law to be given at once after the sin of the first man: both because man was so confident in his own reason, that he did not acknowledge his need of the Old Law; because as yet the dictate of the natural law was not darkened by habitual sinning. Reply Obj. 2: A law should not be given save to the people, since it is a general precept, as stated above (Q. 90, AA. 2, 3); wherefore at the time of Abraham God gave men certain familiar, and, as it were, household precepts: but when Abraham's descendants had multiplied, so as to form a people, and when they had been freed from slavery, it was fitting that they should be given a law; for "slaves are not that part of the people or state to which it is fitting for the law to be directed," as the Philosopher says (Polit. iii, 2, 4, 5). Reply Obj. 3: Since the Law had to be given to the people, not only those, of whom Christ was born, received the Law, but the whole people, who were marked with the seal of circumcision, which was the sign of the promise made to Abraham, and in which he believed, according to Rom. 4:11: hence even before David, the Law had to be given to that people as soon as they were collected together. ________________________ QUESTION 99 OF THE PRECEPTS OF THE OLD LAW (In Six Articles) We must now consider the precepts of the Old Law; and (1) how they are distinguished from one another; (2) each kind of precept. Under the first head there are six points of inquiry: (1) Whether the Old Law contains several precepts or only one? (2) Whether the Old Law contains any moral precepts? (3) Whether it contains ceremonial precepts in addition to the moral precepts? (4) Whether besides these it contains judicial precepts? (5) Whether it contains any others besides these? (6) How the Old Law induced men to keep its precepts. ________________________

Whether the Old Law Contains Only One Precept? Objection 1: It would seem that the Old Law contains but one precept. Because a law is nothing else than a precept, as stated above (Q. 90, AA. 2, 3). Now there is but one Old Law. Therefore it contains but one precept. Obj. 2: Further, the Apostle says (Rom. 13:9): "If there be any other commandment, it is comprised in this word: Thou shalt love thy neighbor as thyself." But this is only one commandment. Therefore the Old Law contained but one commandment. Obj. 3: Further, it is written (Matt. 7:12): "All things . . . whatsoever you would that men should do to you, do you also to them. For this is the Law and the prophets." But the whole of the Old Law is comprised in the Law and the prophets. Therefore the whole of the Old Law contains but one commandment. _On the contrary,_ The Apostle says (Eph. 2:15): "Making void the Law of commandments contained in decrees": where he is referring to the Old Law, as the gloss comments, on the passage. Therefore the Old Law comprises many commandments. _I answer that,_ Since a precept of law is binding, it is about something which must be done: and, that a thing must be done, arises from the necessity of some end. Hence it is evident that a precept implies, in its very idea, relation to an end, in so far as a thing is commanded as being necessary or expedient to an end. Now many things may happen to be necessary or expedient to an end; and, accordingly, precepts may be given about various things as being ordained to one end. Consequently we must say that all the precepts of the Old Law are one in respect of their relation to one end: and yet they are many in respect of the diversity of those things that are ordained to that end. Reply Obj. 1: The Old Law is said to be one as being ordained to one end: yet it comprises various precepts, according to the diversity of the things which it directs to the end. Thus also the art of building is one according to the unity of its end, because it aims at the building of a house: and yet it contains various rules, according to the variety of acts ordained thereto. Reply Obj. 2: As the Apostle says (1 Tim. 1:5), "the end of the commandment is charity"; since every law aims at establishing friendship, either between man and man, or between man and God. Wherefore the whole Law is comprised in this one commandment, "Thou shalt love thy neighbor as thyself," as expressing the end of all commandments: because love of one's neighbor includes love of God, when we love our neighbor for God's sake. Hence the Apostle put this commandment in place of the two which are about the love of God and of one's neighbor, and of which Our Lord said (Matt. 22:40): "On these two commandments dependeth the whole Law and the prophets." Reply Obj. 3: As stated in _Ethic._ ix, 8, "friendship towards another arises from friendship towards oneself," in so far as man looks on another as on himself. Hence when it is said, "All things whatsoever you would that men should do to you, do you also to them," this is an explanation of the rule of neighborly love contained implicitly in the words, "Thou shalt love thy neighbor as thyself": so that it is an explanation of this commandment. ________________________

Whether the Old Law Contains Moral Precepts? Objection 1: It would seem that the Old Law contains no moral precepts. For the Old Law is distinct from the law of nature, as stated above (Q. 91, AA. 4, 5; Q. 98, A. 5). But the moral precepts belong to the law of nature. Therefore they do not belong to the Old Law. Obj. 2: Further, the Divine Law should have come to man's assistance where human reason fails him: as is evident in regard to things that are of faith, which are above reason. But man's reason seems to suffice for the moral precepts. Therefore the moral precepts do not belong to the Old Law, which is a Divine law. Obj. 3: Further, the Old Law is said to be "the letter that killeth" (2 Cor. 3:6). But the moral precepts do not kill, but quicken, according to Ps. 118:93: "Thy justifications I will never forget, for by them Thou hast given me life." Therefore the moral precepts do not belong to the Old Law. _On the contrary,_ It is written (Ecclus. 17:9): "Moreover, He gave them discipline [Douay: 'instructions'] and the law of life for an inheritance." Now discipline belongs to morals; for this gloss on Heb. 12:11: "Now all chastisement (_disciplina_)," etc., says: "Discipline is an exercise in morals by means of difficulties." Therefore the Law which was given by God comprised moral precepts. _I answer that,_ The Old Law contained some moral precepts; as is evident from Ex. 20:13, 15: "Thou shalt not kill," "Thou shalt not steal." This was reasonable: because, just as the principal intention of human law is to create friendship between man and man; so the chief intention of the Divine law is to establish man in friendship with God. Now since likeness is the reason of love, according to Ecclus. 13:19: "Every beast loveth its like"; there cannot possibly be any friendship of man to God, Who is supremely good, unless man become good: wherefore it is written (Lev. 19:2; 11:45): "You shall be holy, for I am holy." But the goodness of man is virtue, which "makes its possessor good" (Ethic. ii, 6). Therefore it was necessary for the Old Law to include precepts about acts of virtue: and these are the moral precepts of the Law. Reply Obj. 1: The Old Law is distinct from the natural law, not as being altogether different from it, but as something added thereto. For just as grace presupposes nature, so must the Divine law presuppose the natural law. Reply Obj. 2: It was fitting that the Divine law should come to man's assistance not only in those things for which reason is insufficient, but also in those things in which human reason may happen to be impeded. Now human reason could not go astray in the abstract, as to the universal principles of the natural law; but through being habituated to sin, it became obscured in the point of things to be done in detail. But with regard to the other moral precepts, which are like conclusions drawn from the universal principles of the natural law, the reason of many men went astray, to the extend of judging to be lawful, things that are evil in themselves. Hence there was need for the authority of the Divine law to rescue man from both these defects. Thus among the articles of faith not only are those things set forth to which reason cannot reach, such as the Trinity of the Godhead; but also those to which right reason can attain, such as the Unity of the Godhead; in order to remove the manifold errors to which reason is liable. Reply Obj. 3: As Augustine proves (De Spiritu et Litera xiv), even the letter of the law is said to be the occasion of death, as to the moral precepts; in so far as, to wit, it prescribes what is good, without furnishing the aid of grace for its fulfilment. ________________________

Whether the Old Law Comprises Ceremonial, Besides Moral, Precepts? Objection 1: It would seem that the Old Law does not comprise ceremonial, besides moral, precepts. For every law that is given to man is for the purpose of directing human actions. Now human actions are called moral, as stated above (Q. 1, A. 3). Therefore it seems that the Old Law given to men should not comprise other than moral precepts. Obj. 2: Further, those precepts that are styled ceremonial seem to refer to the Divine worship. But Divine worship is the act of a virtue, viz. religion, which, as Tully says (De Invent. ii) "offers worship and ceremony to the Godhead." Since, then, the moral precepts are about acts of virtue, as stated above (A. 2), it seems that the ceremonial precepts should not be distinct from the moral. Obj. 3: Further, the ceremonial precepts seem to be those which signify something figuratively. But, as Augustine observes (De Doctr. Christ. ii, 3, 4), "of all signs employed by men words hold the first place." Therefore there is no need for the Law to contain ceremonial precepts about certain figurative actions. _On the contrary,_ It is written (Deut. 4:13, 14): "Ten words . . . He wrote in two tables of stone; and He commanded me at that time that I should teach you the ceremonies and judgments which you shall do." But the ten commandments of the Law are moral precepts. Therefore besides the moral precepts there are others which are ceremonial. _I answer that,_ As stated above (A. 2), the Divine law is instituted chiefly in order to direct men to God; while human law is instituted chiefly in order to direct men in relation to one another. Hence human laws have not concerned themselves with the institution of anything relating to Divine worship except as affecting the common good of mankind: and for this reason they have devised many institutions relating to Divine matters, according as it seemed expedient for the formation of human morals; as may be seen in the rites of the Gentiles. On the other hand the Divine law directed men to one another according to the demands of that order whereby man is directed to God, which order was the chief aim of that law. Now man is directed to God not only by the interior acts of the mind, which are faith, hope, and love, but also by certain external works, whereby man makes profession of his subjection to God: and it is these works that are said to belong to the Divine worship. This worship is called "ceremony,"--the _munia,_ i.e. gifts, of Ceres (who was the goddess of fruits), as some say: because, at first, offerings were made to God from the fruits: or because, as Valerius Maximus states [*Fact. et Dict. Memor. i, 1], the word "ceremony" was introduced among the Latins, to signify the Divine worship, being derived from a town near Rome called "Caere": since, when Rome was taken by the Gauls, the sacred chattels of the Romans were taken thither and most carefully preserved. Accordingly those precepts of the Law which refer to the Divine worship are specially called ceremonial. Reply Obj. 1: Human acts extend also to the Divine worship: and therefore the Old Law given to man contains precepts about these matters also. Reply Obj. 2: As stated above (Q. 91, A. 3), the precepts of the natural law are general, and require to be determined: and they are determined both by human law and by Divine law. And just as these very determinations which are made by human law are said to be, not of natural, but of positive law; so the determinations of the precepts of the natural law, effected by the Divine law, are distinct from the moral precepts which belong to the natural law. Wherefore to worship God, since it is an act of virtue, belongs to a moral precept; but the determination of this precept, namely that He is to be worshipped by such and such sacrifices, and such and such offerings, belongs to the ceremonial precepts. Consequently the ceremonial precepts are distinct from the moral precepts. Reply Obj. 3: As Dionysius says (Coel. Hier. i), the things of God cannot be manifested to men except by means of sensible similitudes. Now these similitudes move the soul more when they are not only expressed in words, but also offered to the senses. Wherefore the things of God are set forth in the Scriptures not only by similitudes expressed in words, as in the case of metaphorical expressions; but also by similitudes of things set before the eyes, which pertains to the ceremonial precepts. ________________________

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. ________________________

Whether the Old Law Contains Any Others Besides the Moral, Judicial, and Ceremonial Precepts? Objection 1: It would seem that the Old Law contains others besides the moral, judicial, and ceremonial precepts. Because the judicial precepts belong to the act of justice, which is between man and man; while the ceremonial precepts belong to the act of religion, whereby God is worshipped. Now besides these there are many other virtues, viz. temperance, fortitude, liberality, and several others, as stated above (Q. 60, A. 5). Therefore besides the aforesaid precepts, the Old Law should comprise others. Obj. 2: Further, it is written (Deut. 11:1): "Love the Lord thy God, and observe His precepts and ceremonies, His judgments and commandments." Now precepts concern moral matters, as stated above (A. 4). Therefore besides the moral, judicial and ceremonial precepts, the Law contains others which are called "commandments." [*The "commandments" (mandata) spoken of here and in the body of this article are not to be confused with the Commandments (praecepta) in the ordinary acceptance of the word.] Obj. 3: Further, it is written (Deut. 6:17): "Keep the precepts of the Lord thy God, and the testimonies and ceremonies which I have [Vulg.: 'He hath'] commanded thee." Therefore in addition to the above, the Law comprises "testimonies." Obj. 4: Further, it is written (Ps. 118:93): "Thy justifications (i.e. "Thy Law," according to a gloss) I will never forget." Therefore in the Old Law there are not only moral, ceremonial and judicial precepts, but also others, called "justifications." _On the contrary,_ It is written (Deut. 6:1): "These are the precepts and ceremonies and judgments which the Lord your God commanded . . . you." And these words are placed at the beginning of the Law. Therefore all the precepts of the Law are included under them. _I answer that,_ Some things are included in the Law by way of precept; other things, as being ordained to the fulfilment of the precepts. Now the precepts refer to things which have to be done: and to their fulfilment man is induced by two considerations, viz. the authority of the lawgiver, and the benefit derived from the fulfilment, which benefit consists in the attainment of some good, useful, pleasurable or virtuous, or in the avoidance of some contrary evil. Hence it was necessary that in the Old Law certain things should be set forth to indicate the authority of God the lawgiver: e.g. Deut. 6:4: "Hear, O Israel, the Lord our God is one Lord"; and Gen. 1:1: "In the beginning God created heaven and earth": and these are called "testimonies." Again it was necessary that in the Law certain rewards should be appointed for those who observe the Law, and punishments for those who transgress; as it may be seen in Deut. 28: "If thou wilt hear the voice of the Lord thy God . . . He will make thee higher than all the nations," etc.: and these are called "justifications," according as God punishes or rewards certain ones justly. The things that have to be done do not come under the precept except in so far as they have the character of a duty. Now a duty is twofold: one according to the rule of reason; the other according to the rule of a law which prescribes that duty: thus the Philosopher distinguishes a twofold just--moral and legal (Ethic. v, 7). Moral duty is twofold: because reason dictates that something must be done, either as being so necessary that without it the order of virtue would be destroyed; or as being useful for the better maintaining of the order of virtue. And in this sense some of the moral precepts are expressed by way of absolute command or prohibition, as "Thou shalt not kill," "Thou shalt not steal": and these are properly called "precepts." Other things are prescribed or forbidden, not as an absolute duty, but as something better to be done. These may be called "commandments"; because they are expressed by way of inducement and persuasion: an example whereof is seen in Ex. 22:26: "If thou take of thy neighbor a garment in pledge, thou shalt give it him again before sunset"; and in other like cases. Wherefore Jerome (Praefat. in Comment. super Marc.) says that "justice is in the precepts, charity in the commandments." Duty as fixed by the Law, belongs to the judicial precepts, as regards human affairs; to the ceremonial precepts, as regards Divine matters. Nevertheless those ordinances also which refer to punishments and rewards may be called "testimonies," in so far as they testify to the Divine justice. Again all the precepts of the Law may be styled "justifications," as being executions of legal justice. Furthermore the commandments may be distinguished from the precepts, so that those things be called "precepts" which God Himself prescribed; and those things "commandments" which He enjoined (_mandavit_) through others, as the very word seems to denote. From this it is clear that all the precepts of the Law are either moral, ceremonial, or judicial; and that other ordinances have not the character of a precept, but are directed to the observance of the precepts, as stated above. Reply Obj. 1: Justice alone, of all the virtues, implies the notion of duty. Consequently moral matters are determinable by law in so far as they belong to justice: of which virtue religion is a part, as Tully says (De Invent. ii). Wherefore the legal just cannot be anything foreign to the ceremonial and judicial precepts. The Replies to the other Objections are clear from what has been said. ________________________

Whether the Old Law Should Have Induced Men to the Observance of Its Precepts, by Means of Temporal Promises and Threats? Objection 1: It would seem that the Old Law should not have induced men to the observance of its precepts, by means of temporal promises and threats. For the purpose of the Divine law is to subject man to God by fear and love: hence it is written (Deut. 10:12): "And now, Israel, what doth the Lord thy God require of thee, but that thou fear the Lord thy God, and walk in His ways, and love Him?" But the desire for temporal goods leads man away from God: for Augustine says (Qq. lxxxiii, qu. 36), that "covetousness is the bane of charity." Therefore temporal promises and threats seem to be contrary to the intention of a lawgiver: and this makes a law worthy of rejection, as the Philosopher declares (Polit. ii, 6). Obj. 2: Further, the Divine law is more excellent than human law. Now, in sciences, we notice that the loftier the science, the higher the means of persuasion that it employs. Therefore, since human law employs temporal threats and promises, as means of persuading man, the Divine law should have used, not these, but more lofty means. Obj. 3: Further, the reward of righteousness and the punishment of guilt cannot be that which befalls equally the good and the wicked. But as stated in Eccles. 9:2, "all" temporal "things equally happen to the just and to the wicked, to the good and the evil, to the clean and to the unclean, to him that offereth victims, and to him that despiseth sacrifices." Therefore temporal goods or evils are not suitably set forth as punishments or rewards of the commandments of the Divine law. _On the contrary,_ It is written (Isa. 1:19, 20): "If you be willing, and will hearken to Me, you shall eat the good things of the land. But if you will not, and will provoke Me to wrath: the sword shall devour you." _I answer that,_ As in speculative sciences men are persuaded to assent to the conclusions by means of syllogistic arguments, so too in every law, men are persuaded to observe its precepts by means of punishments and rewards. Now it is to be observed that, in speculative sciences, the means of persuasion are adapted to the conditions of the pupil: wherefore the process of argument in sciences should be ordered becomingly, so that the instruction is based on principles more generally known. And thus also he who would persuade a man to the observance of any precepts, needs to move him at first by things for which he has an affection; just as children are induced to do something, by means of little childish gifts. Now it has been said above (Q. 98, AA. 1, 2, 3) that the Old Law disposed men to (the coming of) Christ, as the imperfect in comparison disposes to the perfect, wherefore it was given to a people as yet imperfect in comparison to the perfection which was to result from Christ's coming: and for this reason, that people is compared to a child that is still under a pedagogue (Gal. 3:24). But the perfection of man consists in his despising temporal things and cleaving to things spiritual, as is clear from the words of the Apostle (Phil. 3:13, 15): "Forgetting the things that are behind, I stretch [Vulg.: 'and stretching'] forth myself to those that are before . . . Let us therefore, as many as are perfect, be thus minded." Those who are yet imperfect desire temporal goods, albeit in subordination to God: whereas the perverse place their end in temporalities. It was therefore fitting that the Old Law should conduct men to God by means of temporal goods for which the imperfect have an affection. Reply Obj. 1: Covetousness whereby man places his end in temporalities, is the bane of charity. But the attainment of temporal goods which man desires in subordination to God is a road leading the imperfect to the love of God, according to Ps. 48:19: "He will praise Thee, when Thou shalt do well to him." Reply Obj. 2: Human law persuades men by means of temporal rewards or punishments to be inflicted by men: whereas the Divine law persuades men by means of rewards or punishments to be received from God. In this respect it employs higher means. Reply Obj. 3: As any one can see, who reads carefully the story of the Old Testament, the common weal of the people prospered under the Law as long as they obeyed it; and as soon as they departed from the precepts of the Law they were overtaken by many calamities. But certain individuals, although they observed the justice of the Law, met with misfortunes--either because they had already become spiritual (so that misfortune might withdraw them all the more from attachment to temporal things, and that their virtue might be tried)--or because, while outwardly fulfilling the works of the Law, their heart was altogether fixed on temporal goods, and far removed from God, according to Isa. 29:13 (Matt. 15:8): "This people honoreth Me with their lips; but their hearts is far from Me." ________________________ QUESTION 100 OF THE MORAL PRECEPTS OF THE OLD LAW (In Twelve Articles) We must now consider each kind of precept of the Old Law: and (1) the moral precepts, (2) the ceremonial precepts, (3) the judicial precepts. Under the first head there are twelve points of inquiry: (1) Whether all the moral precepts of the Old Law belong to the law of nature? (2) Whether the moral precepts of the Old Law are about the acts of all the virtues? (3) Whether all the moral precepts of the Old Law are reducible to the ten precepts of the decalogue? (4) How the precepts of the decalogue are distinguished from one another? (5) Their number; (6) Their order; (7) The manner in which they were given; (8) Whether they are dispensable? (9) Whether the mode of observing a virtue comes under the precept of the Law? (10) Whether the mode of charity comes under the precept? (11) The distinction of other moral precepts; (12) Whether the moral precepts of the Old Law justified man? ________________________

Whether All the Moral Precepts of the Old Law Belong to the Law of Nature? Objection 1: It would seem that not all the moral precepts belong to the law of nature. For it is written (Ecclus. 17:9): "Moreover He gave them instructions, and the law of life for an inheritance." But instruction is in contradistinction to the law of nature; since the law of nature is not learnt, but instilled by natural instinct. Therefore not all the moral precepts belong to the natural law. Obj. 2: Further, the Divine law is more perfect than human law. But human law adds certain things concerning good morals, to those that belong to the law of nature: as is evidenced by the fact that the natural law is the same in all men, while these moral institutions are various for various people. Much more reason therefore was there why the Divine law should add to the law of nature, ordinances pertaining to good morals. Obj. 3: Further, just as natural reason leads to good morals in certain matters, so does faith: hence it is written (Gal. 5:6) that faith "worketh by charity." But faith is not included in the law of nature; since that which is of faith is above nature. Therefore not all the moral precepts of the Divine law belong to the law of nature. _On the contrary,_ The Apostle says (Rom. 2:14) that "the Gentiles, who have not the Law, do by nature those things that are of the Law": which must be understood of things pertaining to good morals. Therefore all the moral precepts of the Law belong to the law of nature. _I answer that,_ The moral precepts, distinct from the ceremonial and judicial precepts, are about things pertaining of their very nature to good morals. Now since human morals depend on their relation to reason, which is the proper principle of human acts, those morals are called good which accord with reason, and those are called bad which are discordant from reason. And as every judgment of speculative reason proceeds from the natural knowledge of first principles, so every judgment of practical reason proceeds from principles known naturally, as stated above (Q. 94, AA. 2, 4): from which principles one may proceed in various ways to judge of various matters. For some matters connected with human actions are so evident, that after very little consideration one is able at once to approve or disapprove of them by means of these general first principles: while some matters cannot be the subject of judgment without much consideration of the various circumstances, which all are not competent to do carefully, but only those who are wise: just as it is not possible for all to consider the particular conclusions of sciences, but only for those who are versed in philosophy: and lastly there are some matters of which man cannot judge unless he be helped by Divine instruction; such as the articles of faith. It is therefore evident that since the moral precepts are about matters which concern good morals; and since good morals are those which are in accord with reason; and since also every judgment of human reason must needs by derived in some way from natural reason; it follows, of necessity, that all the moral precepts belong to the law of nature; but not all in the same way. For there are certain things which the natural reason of every man, of its own accord and at once, judges to be done or not to be done: e.g. "Honor thy father and thy mother," and "Thou shalt not kill," "Thou shalt not steal": and these belong to the law of nature absolutely. And there are certain things which, after a more careful consideration, wise men deem obligatory. Such belong to the law of nature, yet so that they need to be inculcated, the wiser teaching the less wise: e.g. "Rise up before the hoary head, and honor the person of the aged man," and the like. And there are some things, to judge of which, human reason needs Divine instruction, whereby we are taught about the things of God: e.g. "Thou shalt not make to thyself a graven thing, nor the likeness of anything"; "Thou shalt not take the name of the Lord thy God in vain." This suffices for the Replies to the Objections. ________________________