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?

Art. 1.
.... 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.

Objection 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.

Objection 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 "workes 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 (Rm. 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 (Question 94, Articles 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 your father and your mother," and "You will not kill, You will 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. "You will not make to yourself a graven thing, nor the likeness of anything; You will not take the name of the Lord your God in vain."

This suffices for the Replies to the Objections.

Art. 2.
.... Whether the moral precepts of the Law are about all the acts of virtue?

Objection 1: It would seem that the moral precepts of the Law are not about all the acts of virtue. For observance of the precepts of the Old Law is called justification, according to Ps. 118:8: "I will keep Your justifications." But justification is the execution of justice. Therefore the moral precepts are only about acts of justice.

Objection 2: Further, that which comes under a precept has the character of a duty. But the character of duty belongs to justice alone and to none of the other virtues, for the proper act of justice consists in rendering to each one his due. Therefore the precepts of the moral law are not about the acts of the other virtues, but only about the acts of justice.

Objection 3: Further, every law is made for the common good, as Isidore says (Etym. v, 21). But of all the virtues justice alone regards the common good, as the Philosopher says (Ethic. v, 1). Therefore the moral precepts are only about the acts of justice.

On the contrary, Ambrose says (De Paradiso viii) that "a sin is a transgression of the Divine law, and a disobedience to the commandments of heaven." But there are sins contrary to all the acts of virtue. Therefore it belongs to Divine law to direct all the acts of virtue.

I answer that, Since the precepts of the Law are ordained to the common good, as stated above (Question 90, Article 2), the precepts of the Law must needs be diversified according to the various kinds of community: hence the Philosopher (Polit. iv, 1) teaches that the laws which are made in a state which is ruled by a king must be different from the laws of a state which is ruled by the people, or by a few powerful men in the state. Now human law is ordained for one kind of community, and the Divine law for another kind. Because human law is ordained for the civil community, implying mutual duties of man and his fellows: and men are ordained to one another by outward acts, whereby men live in communion with one another. This life in common of man with man pertains to justice, whose proper function consists in directing the human community. Wherefore human law makes precepts only about acts of justice; and if it commands acts of other virtues, this is only in so far as they assume the nature of justice, as the Philosopher explains (Ethic. v, 1).

But the community for which the Divine law is ordained, is that of men in relation to God, either in this life or in the life to come. And therefore the Divine law proposes precepts about all those matters whereby men are well ordered in their relations to God. Now man is united to God by his reason or mind, in which is God's image. Wherefore the Divine law proposes precepts about all those matters whereby human reason is well ordered. But this is effected by the acts of all the virtues: since the intellectual virtues set in good order the acts of the reason in themselves: while the moral virtues set in good order the acts of the reason in reference to the interior passions and exterior actions. It is therefore evident that the Divine law fittingly proposes precepts about the acts of all the virtues: yet so that certain matters, without which the order of virtue, which is the order of reason, cannot even exist, come under an obligation of precept; while other matters, which pertain to the well-being of perfect virtue, come under an admonition of counsel.

Reply to Objection 1: The fulfilment of the commandments of the Law, even of those which are about the acts of the other virtues, has the character of justification, inasmuch as it is just that man should obey God: or again, inasmuch as it is just that all that belongs to man should be subject to reason.

Reply to Objection 2: Justice properly so called regards the duty of one man to another: but all the other virtues regard the duty of the lower powers to reason. It is in relation to this latter duty that the Philosopher speaks (Ethic. v, 11) of a kind of metaphorical justice.

The Reply to the Third Objection is clear from what has been said about the different kinds of community.

Art. 3.
.... Whether all the moral precepts of the Old Law are reducible to the ten precepts of the decalogue?

Objection 1: It would seem that not all the moral precepts of the Old Law are reducible to the ten precepts of the decalogue. For the first and principal precepts of the Law are, "You will love the Lord your God," and "You will love your neighbor," as stated in Mt. 22:37,39. But these two are not contained in the precepts of the decalogue. Therefore not all the moral precepts are contained in the precepts of the decalogue.

Objection 2: Further, the moral precepts are not reducible to the ceremonial precepts, but rather vice versa. But among the precepts of the decalogue, one is ceremonial, viz. "Remember that you keep holy the Sabbath-day." Therefore the moral precepts are not reducible to all the precepts of the decalogue.

Objection 3: Further, the moral precepts are about all the acts of virtue. But among the precepts of the decalogue are only such as regard acts of justice; as may be seen by going through them all. Therefore the precepts of the decalogue do not include all the moral precepts.

On the contrary, The gloss on Mt. 5:11: "Blessed are ye when they shall revile you," etc. says that "Moses, after propounding the ten precepts, set them out in detail." Therefore all the precepts of the Law are so many parts of the precepts of the decalogue.

I answer that, The precepts of the decalogue differ from the other precepts of the Law, in the fact that God Himself is said to have given the precepts of the decalogue; whereas He gave the other precepts to the people through Moses. Wherefore the decalogue includes those precepts the knowledge of which man has immediately from God. Such are those which with but slight reflection can be gathered at once from the first general principles: and those also which become known to man immediately through divinely infused faith. Consequently two kinds of precepts are not reckoned among the precepts of the decalogue: viz. first general principles, for they need no further promulgation after being once imprinted on the natural reason to which they are self-evident; as, for instance, that one should do evil to no man, and other similar principles: and again those which the careful reflection of wise men shows to be in accord with reason; since the people receive these principles from God, through being taught by wise men. Nevertheless both kinds of precepts are contained in the precepts of the decalogue; yet in different ways. For the first general principles are contained in them, as principles in their proximate conclusions; while those which are known through wise men are contained, conversely, as conclusions in their principles.

Reply to Objection 1: Those two principles are the first general principles of the natural law, and are self-evident to human reason, either through nature or through faith. Wherefore all the precepts of the decalogue are referred to these, as conclusions to general principles.

Reply to Objection 2: The precept of the Sabbath observance is moral in one respect, in so far as it commands man to give some time to the things of God, according to Ps. 45:11: "Be still and see that I am God." In this respect it is placed among the precepts of the decalogue: but not as to the fixing of the time, in which respect it is a ceremonial precept.

Reply to Objection 3: The notion of duty is not so patent in the other virtues as it is in justice. Hence the precepts about the acts of the other virtues are not so well known to the people as are the precepts about acts of justice. Wherefore the acts of justice especially come under the precepts of the decalogue, which are the primary elements of the Law.

Art. 4.
.... Whether the precepts of the decalogue are suitably distinguished from one another?

Objection 1: It would seem that the precepts of the decalogue are unsuitably distinguished from one another. For worship is a virtue distinct from faith. Now the precepts are about acts of virtue. But that which is said at the beginning of the decalogue, "You will not have strange gods before Me," belongs to faith: and that which is added, "You will not make . . . any graven thing," etc. belongs to worship. Therefore these are not one precept, as Augustine asserts (Qq. in Exod. qu. lxxi), but two.

Objection 2: Further, the affirmative precepts in the Law are distinct from the negative precepts; e.g. "Honor your father and your mother," and, "You will not kill." But this, "I am the Lord your God," is affirmative: and that which follows, "You will not have strange gods before Me," is negative. Therefore these are two precepts, and do not, as Augustine says (Qq. in Exod. qu. lxxi), make one.

Objection 3: Further, the Apostle says (Rm. 7:7): "I had not known concupiscence, if the Law did not say: 'You will not covet.'" Hence it seems that this precept, "You will not covet," is one precept; and, therefore, should not be divided into two.

On the contrary, stands the authority of Augustine who, in commenting on Exodus (Qq. in Exod. qu. lxxi) distinguishes three precepts as referring to God, and seven as referring to our neighbor.

I answer that, The precepts of the decalogue are differently divided by different authorities. For Hesychius commenting on Lev. 26:26, "Ten women shall bake your bread in one oven," says that the precept of the Sabbath-day observance is not one of the ten precepts, because its observance, in the letter, is not binding for all time. But he distinguishes four precepts pertaining to God, the first being, "I am the Lord your God"; the second, "You will not have strange gods before Me," (thus also Jerome distinguishes these two precepts, in his commentary on Osee 10:10, "On your" Vulg.: "their" "two iniquities); the third precept according to him is, "You will not make to yourself any graven thing"; and the fourth, "You will not take the name of the Lord your God in vain." He states that there are six precepts pertaining to our neighbor; the first, "Honor your father and your mother"; the second, "You will not kill"; the third, "You will not commit adultery"; the fourth, "You will not steal"; the fifth, "You will not bear false witness"; the sixth, "You will not covet."

But, in the first place, it seems unbecoming for the precept of the Sabbath-day observance to be put among the precepts of the decalogue, if it nowise belonged to the decalogue. Secondly, because, since it is written (Mt. 6:24), "No man can serve two masters," the two statements, "I am the Lord your God," and, "You will not have strange gods before Me" seem to be of the same nature and to form one precept. Hence Origen (Hom. viii in Exod.) who also distinguishes four precepts as referring to God, unites these two under one precept; and reckons in the second place, "You will not make . . . any graven thing"; as third, "You will not take the name of the Lord your God in vain"; and as fourth, "Remember that you keep holy the Sabbath-day." The other six he reckons in the same way as Hesychius.

Since, however, the making of graven things or the likeness of anything is not forbidden except as to the point of their being worshipped as godsfor God commanded an image of the Seraphim Vulg.: Cherubim to be made and placed in the tabernacle, as related in Ex. 25:18Augustine more fittingly unites these two, "You will not have strange gods before Me," and, "You will not make . . . any graven thing," into one precept. Likewise to covet another's wife, for the purpose of carnal knowledge, belongs to the concupiscence of the flesh; whereas, to covet other things, which are desired for the purpose of possession, belongs to the concupiscence of the eyes; wherefore Augustine reckons as distinct precepts, that which forbids the coveting of another's goods, and that which prohibits the coveting of another's wife. Thus he distinguishes three precepts as referring to God, and seven as referring to our neighbor. And this is better.

Reply to Objection 1: Worship is merely a declaration of faith: wherefore the precepts about worship should not be reckoned as distinct from those about faith. Nevertheless precepts should be given about worship rather than about faith, because the precept about faith is presupposed to the precepts of the decalogue, as is also the precept of charity. For just as the first general principles of the natural law are self-evident to a subject having natural reason, and need no promulgation; so also to believe in God is a first and self-evident principle to a subject possessed of faith: "for he that comes to God, must believe that He is" (Heb. 11:6). Hence it needs no other promulgation that the infusion of faith.

Reply to Objection 2: The affirmative precepts are distinct from the negative, when one is not comprised in the other: thus that man should honor his parents does not include that he should not kill another man; nor does the latter include the former. But when an affirmative precept is included in a negative, or vice versa, we do not find that two distinct precepts are given: thus there is not one precept saying that "You will not steal," and another binding one to keep another's property intact, or to give it back to its owner. In the same way there are not different precepts about believing in God, and about not believing in strange gods.

Reply to Objection 3: All covetousness has one common ratio: and therefore the Apostle speaks of the commandment about covetousness as though it were one. But because there are various special kinds of covetousness, therefore Augustine distinguishes different prohibitions against coveting: for covetousness differs specifically in respect of the diversity of actions or things coveted, as the Philosopher says (Ethic. x, 5).

Art. 5.
.... Whether the precepts of the decalogue are suitably set forth?

Objection 1: It would seem that the precepts of the decalogue are unsuitably set forth. Because sin, as stated by Ambrose (De Paradiso viii), is "a transgression of the Divine law and a disobedience to the commandments of heaven." But sins are distinguished according as man sins against God, or his neighbor, or himself. Since, then, the decalogue does not include any precepts directing man in his relations to himself, but only such as direct him in his relations to God and himself, it seems that the precepts of the decalogue are insufficiently enumerated.

Objection 2: Further, just as the Sabbath-day observance pertained to the worship of God, so also did the observance of other solemnities, and the offering of sacrifices. But the decalogue contains a precept about the Sabbath-day observance. Therefore it should contain others also, pertaining to the other solemnities, and to the sacrificial rite.

Objection 3: Further, as sins against God include the sin of perjury, so also do they include blasphemy, or other ways of lying against the teaching of God. But there is a precept forbidding perjury, "You will not take the name of the Lord your God in vain." Therefore there should be also a precept of the decalogue forbidding blasphemy and false doctrine.

Objection 4: Further, just as man has a natural affection for his parents, so has he also for his children. Moreover the commandment of charity extends to all our neighbors. Now the precepts of the decalogue are ordained unto charity, according to 1 Tim. 1:5: "The end of the commandment is charity." Therefore as there is a precept referring to parents, so should there have been some precepts referring to children and other neighbors.

Objection 5: Further, in every kind of sin, it is possible to sin in thought or in deed. But in some kinds of sin, namely in theft and adultery, the prohibition of sins of deed, when it is said, "You will not commit adultery, You will not steal," is distinct from the prohibition of the sin of thought, when it is said, "You will not covet your neighbor's goods," and, "You will not covet your neighbor's wife." Therefore the same should have been done in regard to the sins of homicide and false witness.

Objection 6: Further, just as sin happens through disorder of the concupiscible faculty, so does it arise through disorder of the irascible part. But some precepts forbid inordinate concupiscence, when it is said, "You will not covet." Therefore the decalogue should have included some precepts forbidding the disorders of the irascible faculty. Therefore it seems that the ten precepts of the decalogue are unfittingly enumerated.

On the contrary, It is written (Dt. 4:13): "He shewed you His covenant, which He commanded you to do, and the ten words that He wrote in two tablets of stone."

I answer that, As stated above (Article 2), just as the precepts of human law direct man in his relations to the human community, so the precepts of the Divine law direct man in his relations to a community or commonwealth of men under God. Now in order that any man may dwell aright in a community, two things are required: the first is that he behave well to the head of the community; the other is that he behave well to those who are his fellows and partners in the community. It is therefore necessary that the Divine law should contain in the first place precepts ordering man in his relations to God; and in the second place, other precepts ordering man in his relations to other men who are his neighbors and live with him under God.

Now man owes three things to the head of the community: first, fidelity; secondly, reverence; thirdly, service. Fidelity to his master consists in his not giving sovereign honor to another: and this is the sense of the first commandment, in the words "You will not have strange gods." Reverence to his master requires that he should do nothing injurious to him: and this is conveyed by the second commandment, "You will not take the name of the Lord your God in vain." Service is due to the master in return for the benefits which his subjects receive from him: and to this belongs the third commandment of the sanctification of the Sabbath in memory of the creation of all things.

To his neighbors a man behaves himself well both in particular and in general. In particular, as to those to whom he is indebted, by paying his debts: and in this sense is to be taken the commandment about honoring one's parents. In general, as to all men, by doing harm to none, either by deed, or by word, or by thought. By deed, harm is done to one's neighborsometimes in his person, i.e. as to his personal existence; and this is forbidden by the words, "You will not kill": sometimes in a person united to him, as to the propagation of offspring; and this is prohibited by the words, "You will not commit adultery": sometimes in his possessions, which are directed to both the aforesaid; and with this regard to this it is said, "You will not steal." Harm done by word is forbidden when it is said, "You will not bear false witness against your neighbor": harm done by thought is forbidden in the words, "You will not covet."

The three precepts that direct man in his behavior towards God may also be differentiated in this same way. For the first refers to deeds; wherefore it is said, "You will not make . . . a graven thing": the second, to words; wherefore it is said, "You will not take the name of the Lord your God in vain": the third, to thoughts; because the sanctification of the Sabbath, as the subject of a moral precept, requires repose of the heart in God. Or, according to Augustine (In Ps. 32: Conc. 1), by the first commandment we reverence the unity of the First Principle; by the second, the Divine truth; by the third, His goodness whereby we are sanctified, and wherein we rest as in our last end.

Reply to Objection 1: This objection may be answered in two ways. First, because the precepts of the decalogue can be reduced to the precepts of charity. Now there was need for man to receive a precept about loving God and his neighbor, because in this respect the natural law had become obscured on account of sin: but not about the duty of loving oneself, because in this respect the natural law retained its vigor: or again, because love of oneself is contained in the love of God and of one's neighbor: since true self-love consists in directing oneself to God. And for this reason the decalogue includes those precepts only which refer to our neighbor and to God.

Secondly, it may be answered that the precepts of the decalogue are those which the people received from God immediately; wherefore it is written (Dt. 10:4): "He wrote in the tables, according as He had written before, the ten words, which the Lord spoke to you." Hence the precepts of the decalogue need to be such as the people can understand at once. Now a precept implies the notion of duty. But it is easy for a man, especially for a believer, to understand that, of necessity, he owes certain duties to God and to his neighbor. But that, in matters which regard himself and not another, man has, of necessity, certain duties to himself, is not so evident: for, at the first glance, it seems that everyone is free in matters that concern himself. And therefore the precepts which prohibit disorders of a man with regard to himself, reach the people through the instruction of men who are versed through the instruction of men who are versed in such matters; and, consequently, they are not contained in the decalogue.

Reply to Objection 2: All the solemnities of the Old Law were instituted in celebration of some Divine favor, either in memory of past favors, or in sign of some favor to come: in like manner all the sacrifices were offered up with the same purpose. Now of all the Divine favors to be commemorated the chief was that of the Creation, which was called to mind by the sanctification of the Sabbath; wherefore the reason for this precept is given in Ex. 20:11: "In six days the Lord made heaven and earth," etc. And of all future blessings, the chief and final was the repose of the mind in God, either, in the present life, by grace, or, in the future life, by glory; which repose was also foreshadowed in the Sabbath-day observance: wherefore it is written (Is. 58:13): "If you turn away your foot from the Sabbath, from doing your own will in My holy day, and call the Sabbath delightful, and the holy of the Lord glorious." Because these favors first and chiefly are borne in mind by men, especially by the faithful. But other solemnities were celebrated on account of certain particular favors temporal and transitory, such as the celebration of the Passover in memory of the past favor of the delivery from Egypt, and as a sign of the future Passion of Christ, which though temporal and transitory, brought us to the repose of the spiritual Sabbath. Consequently, the Sabbath alone, and none of the other solemnities and sacrifices, is mentioned in the precepts of the decalogue.

Reply to Objection 3: As the Apostle says (Heb. 6:16), "men swear by one greater than themselves; and an oath for confirmation is the end of all their controversy." Hence, since oaths are common to all, inordinate swearing is the matter of a special prohibition by a precept of the decalogue. According to one interpretation, however, the words, "You will not take the name of the Lord your God in vain," are a prohibition of false doctrine, for one gloss expounds them thus: "You will not say that Christ is a creature."

Reply to Objection 4: That a man should not do harm to anyone is an immediate dictate of his natural reason: and therefore the precepts that forbid the doing of harm are binding on all men. But it is not an immediate dictate of natural reason that a man should do one thing in return for another, unless he happen to be indebted to someone. Now a son's debt to his father is so evident that one cannot get away from it by denying it: since the father is the principle of generation and being, and also of upbringing and teaching. Wherefore the decalogue does not prescribe deeds of kindness or service to be done to anyone except to one's parents. On the other hand parents do not seem to be indebted to their children for any favors received, but rather the reverse is the case. Again, a child is a part of his father; and "parents love their children as being a part of themselves," as the Philosopher states (Ethic. viii, 12). Hence, just as the decalogue contains no ordinance as to man's behavior towards himself, so, for the same reason, it includes no precept about loving one's children.

Reply to Objection 5: The pleasure of adultery and the usefulness of wealth, in so far as they have the character of pleasurable or useful good, are of themselves, objects of appetite: and for this reason they needed to be forbidden not only in the deed but also in the desire. But murder and falsehood are, of themselves, objects of repulsion (since it is natural for man to love his neighbor and the truth): and are desired only for the sake of something else. Consequently with regard to sins of murder and false witness, it was necessary to proscribe, not sins of thought, but only sins of deed.

Reply to Objection 6: As stated above (Question 25, Article 1), all the passions of the irascible faculty arise from the passions of the concupiscible part. Hence, as the precepts of the decalogue are, as it were, the first elements of the Law, there was no need for mention of the irascible passions, but only of the concupiscible passions.

Art. 6.
.... Whether the ten precepts of the decalogue are set in proper order?

Objection 1: It would seem that the ten precepts of the decalogue are not set in proper order. Because love of one's neighbor is seemingly previous to love of God, since our neighbor is better known to us than God is; according to 1 Jn. 4:20: "He that loves not his brother, whom he sees, how can he love God, Whom he sees not?" But the first three precepts belong to the love of God, while the other seven pertain to the love of our neighbor. Therefore the precepts of the decalogue are not set in proper order.

Objection 2: Further, the acts of virtue are prescribed by the affirmative precepts, and acts of vice are forbidden by the negative precepts. But according to Boethius in his commentary on the Categories (*Lib. iv, cap. De Oppos., vices should be uprooted before virtues are sown. Therefore among the precepts concerning our neighbor, the negative precepts should have preceded the affirmative.

Objection 3: Further, the precepts of the Law are about men's actions. But actions of thought precede actions of word or outward deed. Therefore the precepts about not coveting, which regard our thoughts, are unsuitably placed last in order.

On the contrary, The Apostle says (Rm. 13:1): "The things that are of God, are well ordered" Vulg.: 'Those that are, are ordained of God'. But the precepts of the decalogue were given immediately by God, as stated above (Article 3). Therefore they are arranged in becoming order.

I answer that, As stated above (Articles 3,5, ad 1), the precepts of the decalogue are such as the mind of man is ready to grasp at once. Now it is evident that a thing is so much the more easily grasped by the reason, as its contrary is more grievous and repugnant to reason. Moreover, it is clear, since the order of reason begins with the end, that, for a man to be inordinately disposed towards his end, is supremely contrary to reason. Now the end of human life and society is God. Consequently it was necessary for the precepts of the decalogue, first of all, to direct man to God; since the contrary to this is most grievous. Thus also, in an army, which is ordained to the commander as to its end, it is requisite first that the soldier should be subject to the commander, and the opposite of this is most grievous; and secondly it is requisite that he should be in coordination with the other soldiers.

Now among those things whereby we are ordained to God, the first is that man should be subjected to Him faithfully, by having nothing in common with His enemies. The second is that he should show Him reverence: the third that he should offer Him service. Thus, in an army, it is a greater sin for a soldier to act treacherously and make a compact with the foe, than to be insolent to his commander: and this last is more grievous than if he be found wanting in some point of service to him.

As to the precepts that direct man in his behavior towards his neighbor, it is evident that it is more repugnant to reason, and a more grievous sin, if man does not observe the due order as to those persons to whom he is most indebted. Consequently, among those precepts that direct man in his relations to his neighbor, the first place is given to that one which regards his parents. Among the other precepts we again find the order to be according to the gravity of sin. For it is more grave and more repugnant to reason, to sin by deed than by word; and by word than by thought. And among sins of deed, murder which destroys life in one already living is more grievous than adultery, which imperils the life of the unborn child; and adultery is more grave than theft, which regards external goods.

Reply to Objection 1: Although our neighbor is better known than God by the way of the senses, nevertheless the love of God is the reason for the love of our neighbor, as shall be declared later on (SS, Question 25, Article 1; Part 2/2, Question 26, Article 2). Hence the precepts ordaining man to God demanded precedence of the others.

Reply to Objection 2: Just as God is the universal principle of being in respect of all things, so is a father a principle of being in respect of his son. Therefore the precept regarding parents was fittingly placed after the precepts regarding God. This argument holds in respect of affirmative and negative precepts about the same kind of deed: although even then it is not altogether cogent. For although in the order of execution, vices should be uprooted before virtues are sown, according to Ps. 33:15: "Turn away from evil, and do good," and Is. 1:16,17: "Cease to do perversely; learn to do well"; yet, in the order of knowledge, virtue precedes vice, because "the crooked line is known by the straight" (De Anima i): and "by the law is the knowledge of sin" (Rm. 3:20). Wherefore the affirmation precept demanded the first place. However, this is not the reason for the order, but that which is given above. Because in the precepts regarding God, which belongs to the first table, an affirmative precept is placed last, since its transgression implies a less grievous sin.

Reply to Objection 3: Although sin of thought stands first in the order of execution, yet its prohibition holds a later position in the order of reason.

Art. 7.
.... Whether the precepts of the decalogue are suitably formulated?

Objection 1: It would seem that the precepts of the decalogue are unsuitably formulated. Because the affirmative precepts direct man to acts of virtue, while the negative precepts withdraw him from acts of vice. But in every matter there are virtues and vices opposed to one another. Therefore in whatever matter there is an ordinance of a precept of the decalogue, there should have been an affirmative and a negative precept. Therefore it was unfitting that affirmative precepts should be framed in some matters, and negative precepts in others.

Objection 2: Further, Isidore says (Etym. ii, 10) that every law is based on reason. But all the precepts of the decalogue belong to the Divine law. Therefore the reason should have been pointed out in each precept, and not only in the first and third.

Objection 3: Further, by observing the precepts man deserves to be rewarded by God. But the Divine promises concern the rewards of the precepts. Therefore the promise should have been included in each precept, and not only in the second and fourth.

Objection 4: Further, the Old Law is called "the law of fear," in so far as it induced men to observe the precepts, by means of the threat of punishments. But all the precepts of the decalogue belong to the Old Law. Therefore a threat of punishment should have been included in each, and not only in the first and second.

Objection 5: Further, all the commandments of God should be retained in the memory: for it is written (Prov. 3:3): "Write them in the tables of your heart." Therefore it was not fitting that mention of the memory should be made in the third commandment only. Consequently it seems that the precepts of the decalogue are unsuitably formulated.

On the contrary, It is written (Wis. 11:21) that "God made all things, in measure, number and weight." Much more therefore did He observe a suitable manner in formulating His Law.

I answer that, The supreme wisdom is contained in the precepts of the Divine law: wherefore it is written (Dt. 4:6): "This is your wisdom and understanding in the sight of nations." Now it belongs to wisdom to arrange all things in due manner and order. Therefore it must be evident that the precepts of the Law are suitably set forth.

Reply to Objection 1: Affirmation of one thing always leads to the denial of its opposite: but the denial of one opposite does not always lead to the affirmation of the other. For it follows that if a thing is white, it is not black: but it does not follow that if it is not black, it is white: because negation extends further than affirmation. And hence too, that one ought not to do harm to another, which pertains to the negative precepts, extends to more persons, as a primary dictate of reason, than that one ought to do someone a service or kindness. Nevertheless it is a primary dictate of reason that man is a debtor in the point of rendering a service or kindness to those from whom he has received kindness, if he has not yet repaid the debt. Now there are two whose favors no man can sufficiently repay, viz. God and man's father, as stated in Ethic. viii, 14. Therefore it is that there are only two affirmative precepts; one about the honor due to parents, the other about the celebration of the Sabbath in memory of the Divine favor.

Reply to Objection 2: The reasons for the purely moral precepts are manifest; hence there was no need to add the reason. But some of the precepts include ceremonial matter, or a determination of a general moral precept; thus the first precept includes the determination, "You will not make a graven thing"; and in the third precept the Sabbath-day is fixed. Consequently there was need to state the reason in each case.

Reply to Objection 3: Generally speaking, men direct their actions to some point of utility. Consequently in those precepts in which it seemed that there would be no useful result, or that some utility might be hindered, it was necessary to add a promise of reward. And since parents are already on the way to depart from us, no benefit is expected from them: wherefore a promise of reward is added to the precept about honoring one's parents. The same applies to the precept forbidding idolatry: since thereby it seemed that men were hindered from receiving the apparent benefit which they think they can get by entering into a compact with the demons.

Reply to Objection 4: Punishments are necessary against those who are prone to evil, as stated in Ethic. x, 9. Wherefore a threat of punishment is only affixed to those precepts of the law which forbade evils to which men were prone. Now men were prone to idolatry by reason of the general custom of the nations. Likewise men are prone to perjury on account of the frequent use of oaths. Hence it is that a threat is affixed to the first two precepts.

Reply to Objection 5: The commandment about the Sabbath was made in memory of a past blessing. Wherefore special mention of the memory is made therein. Or again, the commandment about the Sabbath has a determination affixed to it that does not belong to the natural law, wherefore this precept needed a special admonition.

Art. 8.
.... Whether the precepts of the decalogue are dispensable?

Objection 1: It would seem that the precepts of the decalogue are dispensable. For the precepts of the decalogue belong to the natural law. But the natural law fails in some cases and is changeable, like human nature, as the Philosopher says (Ethic. v, 7). Now the failure of law to apply in certain particular cases is a reason for dispensation, as stated above (Question 96, Article 6; Question 97, Article 4). Therefore a dispensation can be granted in the precepts of the decalogue.

Objection 2: Further, man stands in the same relation to human law as God does to Divine law. But man can dispense with the precepts of a law made by man. Therefore, since the precepts of the decalogue are ordained by God, it seems that God can dispense with them. Now our superiors are God's viceregents on earth; for the Apostle says (2 Cor. 2:10): "For what I have pardoned, if I have pardoned anything, for your sakes have I done it in the person of Christ." Therefore superiors can dispense with the precepts of the decalogue.

Objection 3: Further, among the precepts of the decalogue is one forbidding murder. But it seems that a dispensation is given by men in this precept: for instance, when according to the prescription of human law, such as evil-doers or enemies are lawfully slain. Therefore the precepts of the decalogue are dispensable.

Objection 4: Further, the observance of the Sabbath is ordained by a precept of the decalogue. But a dispensation was granted in this precept; for it is written (1 Macc. 2:4): "And they determined in that day, saying: Whosoever shall come up to fight against us on the Sabbath-day, we will fight against him." Therefore the precepts of the decalogue are dispensable.

On the contrary, are the words of Is. 24:5, where some are reproved for that "they have changed the ordinance, they have broken the everlasting covenant"; which, seemingly, apply principally to the precepts of the decalogue. Therefore the precepts of the decalogue cannot be changed by dispensation.

I answer that, As stated above (Question 96, Article 6; Question 97, Article 4), precepts admit of dispensation, when there occurs a particular case in which, if the letter of the law be observed, the intention of the lawgiver is frustrated. Now the intention of every lawgiver is directed first and chiefly to the common good; secondly, to the order of justice and virtue, whereby the common good is preserved and attained. If therefore there by any precepts which contain the very preservation of the common good, or the very order of justice and virtue, such precepts contain the intention of the lawgiver, and therefore are indispensable. For instance, if in some community a law were enacted, such as thisthat no man should work for the destruction of the commonwealth, or betray the state to its enemies, or that no man should do anything unjust or evil, such precepts would not admit of dispensation. But if other precepts were enacted, subordinate to the above, and determining certain special modes of procedure, these latter precepts would admit of dispensation, in so far as the omission of these precepts in certain cases would not be prejudicial to the former precepts which contain the intention of the lawgiver. For instance if, for the safeguarding of the commonwealth, it were enacted in some city that from each ward some men should keep watch as sentries in case of siege, some might be dispensed from this on account of some greater utility.

Now the precepts of the decalogue contain the very intention of the lawgiver, who is God. For the precepts of the first table, which direct us to God, contain the very order to the common and final good, which is God; while the precepts of the second table contain the order of justice to be observed among men, that nothing undue be done to anyone, and that each one be given his due; for it is in this sense that we are to take the precepts of the decalogue. Consequently the precepts of the decalogue admit of no dispensation whatever.

Reply to Objection 1: The Philosopher is not speaking of the natural law which contains the very order of justice: for it is a never-failing principle that "justice should be preserved." But he is speaking in reference to certain fixed modes of observing justice, which fail to apply in certain cases.

Reply to Objection 2: As the Apostle says (2 Tim. 2:13), "God continues faithful, He cannot deny Himself." But He would deny Himself if He were to do away with the very order of His own justice, since He is justice itself. Wherefore God cannot dispense a man so that it be lawful for him not to direct himself to God, or not to be subject to His justice, even in those matters in which men are directed to one another.

Reply to Objection 3: The slaying of a man is forbidden in the decalogue, in so far as it bears the character of something undue: for in this sense the precept contains the very essence of justice. Human law cannot make it lawful for a man to be slain unduly. But it is not undue for evil-doers or foes of the common weal to be slain: hence this is not contrary to the precept of the decalogue; and such a killing is no murder as forbidden by that precept, as Augustine observes (De Lib. Arb. i, 4). In like manner when a man's property is taken from him, if it be due that he should lose it, this is not theft or robbery as forbidden by the decalogue.

Consequently when the children of Israel, by God's command, took away the spoils of the Egyptians, this was not theft; since it was due to them by the sentence of God. Likewise when Abraham consented to slay his son, he did not consent to murder, because his son was due to be slain by the command of God, Who is Lord of life and death: for He it is Who inflicts the punishment of death on all men, both godly and ungodly, on account of the sin of our first parent, and if a man be the executor of that sentence by Divine authority, he will be no murderer any more than God would be. Again Osee, by taking unto himself a wife of fornications, or an adulterous woman, was not guilty either of adultery or of fornication: because he took unto himself one who was his by command of God, Who is the Author of the institution of marriage.

Accordingly, therefore, the precepts of the decalogue, as to the essence of justice which they contain, are unchangeable: but as to any determination by application to individual actionsfor instance, that this or that be murder, theft or adultery, or notin this point they admit of change; sometimes by Divine authority alone, namely, in such matters as are exclusively of Divine institution, as marriage and the like; sometimes also by human authority, namely in such matters as are subject to human jurisdiction: for in this respect men stand in the place of God: and yet not in all respects.

Reply to Objection 4: This determination was an interpretation rather than a dispensation. For a man is not taken to break the Sabbath, if he does something necessary for human welfare; as Our Lord proves (Mt. 12:3, seqq.).

Art. 9.
.... Whether the mode of virtue falls under the precept of the law?

Objection 1: It would seem that the mode of virtue falls under the precept of the law. For the mode of virtue is that deeds of justice should be done justly, that deeds of fortitude should be done bravely, and in like manner as to the other virtues. But it is commanded (Dt. 26:20) that "you must follow justly after that which is just." Therefore the mode of virtue falls under the precept.

Objection 2: Further, that which belongs to the intention of the lawgiver comes chiefly under the precept. But the intention of the lawgiver is directed chiefly to make men virtuous, as stated in Ethic. ii: and it belongs to a virtuous man to act virtuously. Therefore the mode of virtue falls under the precept.

Objection 3: Further, the mode of virtue seems to consist properly in working willingly and with pleasure. But this falls under a precept of the Divine law, for it is written (Ps. 99:2): "Serve ye the Lord with gladness"; and (2 Cor. 9:7): "Not with sadness or necessity: for God loves a cheerful giver"; whereupon the gloss says: "Whatever ye do, do gladly; and then you will do it well; whereas if you do it sorrowfully, it is done in you, not by you." Therefore the mode of virtue falls under the precept of the law.

On the contrary, No man can act as a virtuous man acts unless he has the habit of virtue, as the Philosopher explains (Ethic. ii, 4; v, 8). Now whoever transgresses a precept of the law, deserves to be punished. Hence it would follow that a man who has not the habit of virtue, would deserve to be punished, whatever he does. But this is contrary to the intention of the law, which aims at leading man to virtue, by habituating him to good works. Therefore the mode of virtue does not fall under the precept.

I answer that, As stated above (Question 90, Article 3, ad 2), a precept of law has compulsory power. Hence that on which the compulsion of the law is brought to bear, falls directly under the precept of the law. Now the law compels through fear of punishment, as stated in Ethic. x, 9, because that properly falls under the precept of the law, for which the penalty of the law is inflicted. But Divine law and human law are differently situated as to the appointment of penalties; since the penalty of the law is inflicted only for those things which come under the judgment of the lawgiver; for the law punishes in accordance with the verdict given. Now man, the framer of human law, is competent to judge only of outward acts; because "man sees those things that appear," according to 1 Kgs. 16:7: while God alone, the framer of the Divine law, is competent to judge of the inward movements of wills, according to Ps. 7:10: "The searcher of hearts and reins is God."

Accordingly, therefore, we must say that the mode of virtue is in some sort regarded both by human and by Divine law; in some respect it is regarded by the Divine, but not by the human law; and in another way, it is regarded neither by the human nor by the Divine law. Now the mode of virtue consists in three things, as the Philosopher states in Ethic. ii. The first is that man should act "knowingly": and this is subject to the judgment of both Divine and human law; because what a man does in ignorance, he does accidentally. Hence according to both human and Divine law, certain things are judged in respect of ignorance to be punishable or pardonable.

The second point is that a man should act "deliberately," i.e. "from choice, choosing that particular action for its own sake"; wherein a twofold internal movement is implied, of volition and of intention, about which we have spoken above (Questions 8, 12): and concerning these two, Divine law alone, and not human law, is competent to judge. For human law does not punish the man who wishes to slay, and slays not: whereas the Divine law does, according to Mt. 5:22: "Whosoever is angry with his brother, shall be in danger of the judgment."

The third point is that he should "act from a firm and immovable principle": which firmness belongs properly to a habit, and implies that the action proceeds from a rooted habit. In this respect, the mode of virtue does not fall under the precept either of Divine or of human law, since neither by man nor by God is he punished as breaking the law, who gives due honor to his parents and yet has not the habit of filial piety.

Reply to Objection 1: The mode of doing acts of justice, which falls under the precept, is that they be done in accordance with right; but not that they be done from the habit of justice.

Reply to Objection 2: The intention of the lawgiver is twofold. His aim, in the first place, is to lead men to something by the precepts of the law: and this is virtue. Secondly, his intention is brought to bear on the matter itself of the precept: and this is something leading or disposing to virtue, viz. an act of virtue. For the end of the precept and the matter of the precept are not the same: just as neither in other things is the end the same as that which conduces to the end.

Reply to Objection 3: That works of virtue should be done without sadness, falls under the precept of the Divine law; for whoever works with sadness works unwillingly. But to work with pleasure, i.e. joyfully or cheerfully, in one respect falls under the precept, viz. in so far as pleasure ensues from the love of God and one's neighbor (which love falls under the precept), and love causes pleasure: and in another respect does not fall under the precept, in so far as pleasure ensues from a habit; for "pleasure taken in a work proves the existence of a habit," as stated in Ethic. ii, 3. For an act may give pleasure either on account of its end, or through its proceeding from a becoming habit.

Art. 10.
.... Whether the mode of charity falls under the precept of the Divine law?

Objection 1: It would seem that the mode of charity falls under the precept of the Divine law. For it is written (Mt. 19:17): "If you will enter into life, keep the commandments": whence it seems to follow that the observance of the commandments suffices for entrance into life. But good works do not suffice for entrance into life, except they be done from charity: for it is written (1 Cor. 13:3): "If I should distribute all my goods to feed the poor, and if I should deliver my body to be burned, and have not charity, it profits me nothing." Therefore the mode of charity is included in the commandment.

Objection 2: Further, the mode of charity consists properly speaking in doing all things for God. But this falls under the precept; for the Apostle says (1 Cor. 10:31): "Do all to the glory of God." Therefore the mode of charity falls under the precept.

Objection 3: Further, if the mode of charity does not fall under the precept, it follows that one can fulfil the precepts of the law without having charity. Now what can be done without charity can be done without grace, which is always united to charity. Therefore one can fulfil the precepts of the law without grace. But this is the error of Pelagius, as Augustine declares (De Haeres. lxxxviii). Therefore the mode of charity is included in the commandment.

On the contrary, Whoever breaks a commandment sins mortally. If therefore the mode of charity falls under the precept, it follows that whoever acts otherwise than from charity sins mortally. But whoever has not charity, acts otherwise than from charity. Therefore it follows that whoever has not charity, sins mortally in whatever he does, however good this may be in itself: which is absurd.

I answer that, Opinions have been contrary on this question. For some have said absolutely that the mode of charity comes under the precept; and yet that it is possible for one not having charity to fulfil this precept: because he can dispose himself to receive charity from God. Nor (say they) does it follow that a man not having charity sins mortally whenever he does something good of its kind: because it is an affirmative precept that binds one to act from charity, and is binding not for all time, but only for such time as one is in a state of charity. On the other hand, some have said that the mode of charity is altogether outside the precept.

Both these opinions are true up to a certain point. Because the act of charity can be considered in two ways. First, as an act by itself: and thus it falls under the precept of the law which specially prescribes it, viz. "You will love the Lord your God," and "You will love your neighbor." In this sense, the first opinion is true. Because it is not impossible to observe this precept which regards the act of charity; since man can dispose himself to possess charity, and when he possesses it, he can use it. Secondly, the act of charity can be considered as being the mode of the acts of the other virtues, i.e. inasmuch as the acts of the other virtues are ordained to charity, which is "the end of the commandment," as stated in 1 Tim. i, 5: for it has been said above (Question 12, Article 4) that the intention of the end is a formal mode of the act ordained to that end. In this sense the second opinion is true in saying that the mode of charity does not fall under the precept, that is to say that this commandment, "Honor your father," does not mean that a man must honor his father from charity, but merely that he must honor him. Wherefore he that honors his father, yet has not charity, does not break this precept: although he does break the precept concerning the act of charity, for which reason he deserves to be punished.

Reply to Objection 1: Our Lord did not say, "If you will enter into life, keep one commandment"; but "keep" all "the commandments": among which is included the commandment concerning the love of God and our neighbor.

Reply to Objection 2: The precept of charity contains the injunction that God should be loved from our whole heart, which means that all things would be referred to God. Consequently man cannot fulfil the precept of charity, unless he also refer all things to God. Wherefore he that honors his father and mother, is bound to honor them from charity, not in virtue of the precept, "Honor your father and mother," but in virtue of the precept, "You will love the Lord your God with your whole heart." And since these are two affirmative precepts, not binding for all times, they can be binding, each one at a different time: so that it may happen that a man fulfils the precept of honoring his father and mother, without at the same time breaking the precept concerning the omission of the mode of charity.

Reply to Objection 3: Man cannot fulfil all the precepts of the law, unless he fulfil the precept of charity, which is impossible without charity. Consequently it is not possible, as Pelagius maintained, for man to fulfil the law without grace.

Art. 1.
.... Whether it is right to distinguish other moral precepts of the law besides the decalogue?

Objection 1: It would seem that it is wrong to distinguish other moral precepts of the law besides the decalogue. Because, as Our Lord declared (Mt. 22:40), "on these two commandments" of charity "depends the whole law and the prophets." But these two commandments are explained by the ten commandments of the decalogue. Therefore there is no need for other moral precepts.

Objection 2: Further, the moral precepts are distinct from the judicial and ceremonial precepts, as stated above (Question 99, Articles 3,4). But the determinations of the general moral precepts belong to the judicial and ceremonial precepts: and the general moral precepts are contained in the decalogue, or are even presupposed to the decalogue, as stated above (Article 3). Therefore it was unsuitable to lay down other moral precepts besides the decalogue.

Objection 3: Further, the moral precepts are about the acts of all the virtues, as stated above (Article 2). Therefore, as the Law contains, besides the decalogue, moral precepts pertaining to religion, liberality, mercy, and chastity; so there should have been added some precepts pertaining to the other virtues, for instance, fortitude, sobriety, and so forth. And yet such is not the case. It is therefore unbecoming to distinguish other moral precepts in the Law besides those of the decalogue.

On the contrary, It is written (Ps. 18:8): "The law of the Lord is unspotted, converting souls." But man is preserved from the stain of sin, and his soul is converted to God by other moral precepts besides those of the decalogue. Therefore it was right for the Law to include other moral precepts.

I answer that, As is evident from what has been stated (Question 99, Articles 3,4), the judicial and ceremonial precepts derive their force from their institution alone: since before they were instituted, it seemed of no consequence whether things were done in this or that way. But the moral precepts derive their efficacy from the very dictate of natural reason, even if they were never included in the Law. Now of these there are three grades: for some are most certain, and so evident as to need no promulgation; such as the commandments of the love of God and our neighbor, and others like these, as stated above (Article 3), which are, as it were, the ends of the commandments; wherefore no man can have an erroneous judgment about them. Some precepts are more detailed, the reason of which even an uneducated man can easily grasp; and yet they need to be promulgated, because human judgment, in a few instances, happens to be led astray concerning them: these are the precepts of the decalogue. Again, there are some precepts the reason of which is not so evident to everyone, but only the wise; these are moral precepts added to the decalogue, and given to the people by God through Moses and Aaron.

But since the things that are evident are the principles whereby we know those that are not evident, these other moral precepts added to the decalogue are reducible to the precepts of the decalogue, as so many corollaries. Thus the first commandment of the decalogue forbids the worship of strange gods: and to this are added other precepts forbidding things relating to worship of idols: thus it is written (Dt. 18:10,11): "Neither let there be found among you anyone that shall expiate his son or daughter, making them to pass through the fire: . . . neither let there by any wizard nor charmer, nor anyone that consults pythonic spirits, or fortune-tellers, or that seeks the truth from the dead." The second commandment forbids perjury. To this is added the prohibition of blasphemy (Lev. 24:15, seqq) and the prohibition of false doctrine (Dt. 13). To the third commandment are added all the ceremonial precepts. To the fourth commandment prescribing the honor due to parents, is added the precept about honoring the aged, according to Lev. 19:32: "Rise up before the hoary head, and honor the person of the aged man"; and likewise all the precepts prescribing the reverence to be observed towards our betters, or kindliness towards our equals or inferiors. To the fifth commandment, which forbids murder, is added the prohibition of hatred and of any kind of violence inflicted on our neighbor, according to Lev. 19:16: "You will not stand against the blood of your neighbor": likewise the prohibition against hating one's brother (Lev. 19:17): "You will not hate your brother in your heart." To the sixth commandment which forbids adultery, is added the prohibition about whoredom, according to Dt. 23:17: "There shall be no whore among the daughters of Israel, nor whoremonger among the sons of Israel"; and the prohibition against unnatural sins, according to Lev. 28:22,23: "You will not lie with mankind . . . you will not copulate with any beast." To the seventh commandment which prohibits theft, is added the precept forbidding usury, according to Dt. 23:19: "You will not lend to your brother money to usury"; and the prohibition against fraud, according to Dt. 25:13: "You will not have divers weights in your bag"; and universally all prohibitions relating to peculations and larceny. To the eighth commandment, forbidding false testimony, is added the prohibition against false judgment, according to Ex. 23:2: "Neither will you yield in judgment, to the opinion of the most part, to stray from the truth"; and the prohibition against lying (Ex. 23:7): "You will fly lying," and the prohibition against detraction, according to Lev. 19:16: "You will not be a detractor, nor a whisperer among the people." To the other two commandments no further precepts are added, because thereby are forbidden all kinds of evil desires.

Reply to Objection 1: The precepts of the decalogue are ordained to the love of God and our neighbor as pertaining evidently to our duty towards them; but the other precepts are so ordained as pertaining thereto less evidently.

Reply to Objection 2: It is in virtue of their institution that the ceremonial and judicial precepts "are determinations of the precepts of the decalogue," not by reason of a natural instinct, as in the case of the superadded moral precepts.

Reply to Objection 3: The precepts of a law are ordained for the common good, as stated above (Question 90, Article 2). And since those virtues which direct our conduct towards others pertain directly to the common good, as also does the virtue of chastity, in so far as the generative act conduces to the common good of the species; hence precepts bearing directly on these virtues are given, both in the decalogue and in addition thereto. As to the act of fortitude there are the order to be given by the commanders in the war, which is undertaken for the common good: as is clear from Dt. 20:3, where the priest is commanded (to speak thus): "Be not afraid, do not give back." In like manner the prohibition of acts of gluttony is left to paternal admonition, since it is contrary to the good of the household; hence it is said (Dt. 21:20) in the person of parents: "He slights hearing our admonitions, he gives himself to revelling, and to debauchery and banquetings."

Art. 2.
.... Whether the moral precepts of the Old Law justified man?

Objection 1: It would seem that the moral precepts of the Old Law justified man. Because the Apostle says (Rm. 2:13): "For not the hearers of the Law are justified before God, but the doers of the Law shall be justified." But the doers of the Law are those who fulfil the precepts of the Law. Therefore the fulfilling of the precepts of the Law was a cause of justification.

Objection 2: Further, it is written (Lev. 18:5): "Keep My laws and My judgments, which if a man do, he shall live in them." But the spiritual life of man is through justice. Therefore the fulfilling of the precepts of the Law was a cause of justification.

Objection 3: Further, the Divine law is more efficacious than human law. But human law justifies man; since there is a kind of justice consisting in fulfilling the precepts of law. Therefore the precepts of the Law justified man.

On the contrary, The Apostle says (2 Cor. 3:6): "The letter killeth": which, according to Augustine (De Spir. et Lit. xiv), refers even to the moral precepts. Therefore the moral precepts did not cause justice.

I answer that, Just as "healthy" is said properly and first of that which is possessed of health, and secondarily of that which is a sign or a safeguard of health; so justification means first and properly the causing of justice; while secondarily and improperly, as it were, it may denote a sign of justice or a disposition thereto. If justice be taken in the last two ways, it is evident that it was conferred by the precepts of the Law; in so far, to wit, as they disposed men to the justifying grace of Christ, which they also signified, because as Augustine says (Contra Faust. xxii, 24), "even the life of that people foretold and foreshadowed Christ."

But if we speak of justification properly so called, then we must notice that it can be considered as in the habit or as in the act: so that accordingly justification may be taken in two ways. First, according as man is made just, by becoming possessed of the habit of justice: secondly, according as he does works of justice, so that in this sense justification is nothing else than the execution of justice. Now justice, like the other virtues, may denote either the acquired or the infused virtue, as is clear from what has been stated (Question 63, Article 4). The acquired virtue is caused by works; but the infused virtue is caused by God Himself through His grace. The latter is true justice, of which we are speaking now, and in this respect of which a man is said to be just before God, according to Rm. 4:2: "If Abraham were justified by works, he has whereof to glory, but not before God." Hence this justice could not be caused by moral precepts, which are about human actions: wherefore the moral precepts could not justify man by causing justice.

If, on the other hand, by justification we understand the execution of justice, thus all the precepts of the Law justified man, but in various ways. Because the ceremonial precepts taken as a whole contained something just in itself, in so far as they aimed at offering worship to God; whereas taken individually they contained that which is just, not in itself, but by being a determination of the Divine law. Hence it is said of these precepts that they did not justify man save through the devotion and obedience of those who complied with them. On the other hand the moral and judicial precepts, either in general or also in particular, contained that which is just in itself: but the moral precepts contained that which is just in itself according to that "general justice" which is "every virtue" according to Ethic. v, 1: whereas the judicial precepts belonged to "special justice," which is about contracts connected with the human mode of life, between one man and another.

Reply to Objection 1: The Apostle takes justification for the execution of justice.

Reply to Objection 2: The man who fulfilled the precepts of the Law is said to live in them, because he did not incur the penalty of death, which the Law inflicted on its transgressors: in this sense the Apostle quotes this passage (Gal. 3:12).

Reply to Objection 3: The precepts of human law justify man by acquired justice: it is not about this that we are inquiring now, but only about that justice which is before God.

Art. 3.
.... Whether a suitable cause can be assigned for the ceremonies which pertained to sacrifices?

Objection 1: It would seem that no suitable cause can be assigned for the ceremonies pertaining to sacrifices. For those things which were offered in sacrifice, are those which are necessary for sustaining human life: such as certain animals and certain loaves. But God needs no such sustenance; according to Ps. 49:13: "Shall I eat the flesh of bullocks? Or shall I drink the blood of goats?" Therefore such sacrifices were unfittingly offered to God.

Objection 2: Further, only three kinds of quadrupeds were offered in sacrifice to God, viz. oxen, sheep and goats; of birds, generally the turtledove and the dove; but specially, in the cleansing of a leper, an offering was made of sparrows. Now many other animals are more noble than these. Since therefore whatever is best should be offered to God, it seems that not only of these three should sacrifices have been offered to Him.

Objection 3: Further, just as man has received from God the dominion over birds and beasts, so also has he received dominion over fishes. Consequently it was unfitting for fishes to be excluded from the divine sacrifices.

Objection 4: Further, turtledoves and doves indifferently are commanded to be offered up. Since then the young of the dove are commanded to be offered, so also should the young of the turtledove.

Objection 5: Further, God is the Author of life, not only of men, but also of animals, as is clear from Gn. 1:20, seqq. Now death is opposed to life. Therefore it was fitting that living animals rather than slain animals should be offered to God, especially as the Apostle admonishes us (Rm. 12:1), to present our bodies "a living sacrifice, holy, pleasing unto God."

Objection 6: Further, if none but slain animals were offered in sacrifice to God, it seems that it mattered not how they were slain. Therefore it was unfitting that the manner of immolation should be determined, especially as regards birds (Lev. 1:15, seqq.).

Objection 7: Further, every defect in an animal is a step towards corruption and death. If therefore slain animals were offered to God, it was unreasonable to forbid the offering of an imperfect animal, e.g. a lame, or a blind, or otherwise defective animal.

Objection 8: Further, those who offer victims to God should partake thereof, according to the words of the Apostle (1 Cor. 10:18): "Are not they that eat of the sacrifices partakers of the altar?" It was therefore unbecoming for the offerers to be denied certain parts of the victims, namely, the blood, the fat, the breastbone and the right shoulder.

Objection 9: Further, just as holocausts were offered up in honor of God, so also were the peace-offerings and sin-offerings. But no female animals was offered up to God as a holocaust, although holocausts were offered of both quadrupeds and birds. Therefore it was inconsistent that female animals should be offered up in peace-offerings and sin-offerings, and that nevertheless birds should not be offered up in peace-offerings.

Objection 1 Further, all the peace-offerings seem to be of one kind. Therefore it was unfitting to make a distinction among them, so that it was forbidden to eat the flesh of certain peace-offerings on the following day, while it was allowed to eat the flesh of other peace-offerings, as laid down in Lev. 7:15, seqq.

Objection 1 Further, all sins agree in turning us from God. Therefore, in order to reconcile us to God, one kind of sacrifice should have been offered up for all sins.

Objection 1 Further, all animals that were offered up in sacrifice, were offered up in one way, viz. slain. Therefore it does not seem to be suitable that products of the soil should be offered up in various ways; for sometimes an offering was made of ears of corn, sometimes of flour, sometimes of bread, this being baked sometimes in an oven, sometimes in a pan, sometimes on a gridiron.

Objection 1 Further, whatever things are serviceable to us should be recognized as coming from God. It was therefore unbecoming that besides animals, nothing but bread, wine, oil, incense, and salt should be offered to God.

Objection 1 Further, bodily sacrifices denote the inward sacrifice of the heart, whereby man offers his soul to God. But in the inward sacrifice, the sweetness, which is denoted by honey, surpasses the pungency which salt represents; for it is written (Ecclus. 24:27): "My spirit is sweet above honey." Therefore it was unbecoming that the use of honey, and of leaven which makes bread savory, should be forbidden in a sacrifice; while the use was prescribed, of salt which is pungent, and of incense which has a bitter taste. Consequently it seems that things pertaining to the ceremonies of the sacrifices have no reasonable cause.

On the contrary, It is written (Lev. 1:13): "The priest shall offer it all and burn it all upon the altar, for a holocaust, and most sweet savor to the Lord." Now according to Wis. 7:28, "God loves none but him that dwells with wisdom": whence it seems to follow that whatever is acceptable to God is wisely done. Therefore these ceremonies of the sacrifices were wisely done, as having reasonable causes.

I answer that, As stated above (Article 2), the ceremonies of the Old Law had a twofold cause, viz. a literal cause, according as they were intended for Divine worship; and a figurative or mystical cause, according as they were intended to foreshadow Christ: and on either hand the ceremonies pertaining to the sacrifices can be assigned to a fitting cause.

For, according as the ceremonies of the sacrifices were intended for the divine worship, the causes of the sacrifices can be taken in two ways. First, in so far as the sacrifice represented the directing of the mind to God, to which the offerer of the sacrifice was stimulated. Now in order to direct his mind to God aright, man must recognize that whatever he has is from God as from its first principle, and direct it to God as its last end. This was denoted in the offerings and sacrifices, by the fact that man offered some of his own belongings in honor of God, as though in recognition of his having received them from God, according to the saying of David (1 Paral. xxix, 14): "All things are Yours: and we have given You what we received of Your hand." Wherefore in offering up sacrifices man made protestation that God is the first principle of the creation of all things, and their last end, to which all things must be directed. And since, for the human mind to be directed to God aright, it must recognize no first author of things other than God, nor place its end in any other; for this reason it was forbidden in the Law to offer sacrifice to any other but God, according to Ex. 22:20: "He that sacrifices to gods, shall be put to death, save only to the Lord." Wherefore another reasonable cause may be assigned to the ceremonies of the sacrifices, from the fact that thereby men were withdrawn from offering sacrifices to idols. Hence too it is that the precepts about the sacrifices were not given to the Jewish people until after they had fallen into idolatry, by worshipping the molten calf: as though those sacrifices were instituted, that the people, being ready to offer sacrifices, might offer those sacrifices to God rather than to idols. Thus it is written (Jer. 7:22): "I said not to your fathers and I commanded them not, in the day that I brought them out of the land of Egypt, concerning the matter of burnt-offerings and sacrifices."

Now of all the gifts which God vouchsafed to mankind after they had fallen away by sin, the chief is that He gave His Son; wherefore it is written (Jn. 3:16): "God so loved the world, as to give His only-begotten Son; that whosoever believes in Him, may not perish, but may have life everlasting." Consequently the chief sacrifice is that whereby Christ Himself "delivered Himself . . . to God for an odor of sweetness" (Eph. 5:2). And for this reason all the other sacrifices of the Old Law were offered up in order to foreshadow this one individual and paramount sacrificethe imperfect forecasting the perfect. Hence the Apostle says (Heb. 10:11) that the priest of the Old Law "often" offered "the same sacrifices, which can never take away sins: but" Christ offered "one sacrifice for sins, for ever." And since the reason of the figure is taken from that which the figure represents, therefore the reasons of the figurative sacrifices of the Old Law should be taken from the true sacrifice of Christ.

Reply to Objection 1: God did not wish these sacrifices to be offered to Him on account of the things themselves that were offered, as though He stood in need of them: wherefore it is written (Is. 1:11): "I desire not holocausts of rams, and fat of fatlings, and blood of calves and lambs and buckgoats." But, as stated above, He wished them to be offered to Him, in order to prevent idolatry; in order to signify the right ordering of man's mind to God; and in order to represent the mystery of the Redemption of man by Christ.

Reply to Objection 2: In all the respects mentioned above (ad 1), there was a suitable reason for these animals, rather than others, being offered in sacrifice to God. First, in order to prevent idolatry. Because idolaters offered all other animals to their gods, or made use of them in their sorceries: while the Egyptians (among whom the people had been dwelling) considered it abominable to slay these animals, wherefore they used not to offer them in sacrifice to their gods. Hence it is written (Ex. 8:26): "We shall sacrifice the abominations of the Egyptians to the Lord our God." For they worshipped the sheep; they reverenced the ram (because demons appeared under the form thereof); while they employed oxen for agriculture, which was reckoned by them as something sacred.

Secondly, this was suitable for the aforesaid right ordering of man's mind to God: and in two ways. First, because it is chiefly by means of these animals that human life is sustained: and moreover they are most clean, and partake of a most clean food: whereas other animals are either wild, and not deputed to ordinary use among men: or, if they be tame, they have unclean food, as pigs and geese: and nothing but what is clean should be offered to God. These birds especially were offered in sacrifice because there were plenty of them in the land of promise. Secondly, because the sacrificing of these animals represented purity of heart. Because as the gloss says on Lev. 1, "We offer a calf, when we overcome the pride of the flesh; a lamb, when we restrain our unreasonable motions; a goat, when we conquer wantonness; a turtledove, when we keep chaste; unleavened bread, when we feast on the unleavened bread of sincerity." And it is evident that the dove denotes charity and simplicity of heart.

Thirdly, it was fitting that these animals should be offered, that they might foreshadow Christ. Because, as the gloss observes, "Christ is offered in the calf, to denote the strength of the cross; in the lamb, to signify His innocence; in the ram, to foreshadow His headship; and in the goat, to signify the likeness of 'sinful flesh' (*An allusion to Col. 2:11 (Textus Receptus). The turtledove and dove denoted the union of the two natures"; or else the turtledove signified chastity; while the dove was a figure of charity. "The wheat-flour foreshadowed the sprinkling of believers with the water of Baptism."

Reply to Objection 3: Fish through living in water are further removed from man than other animals, which, like man, live in the air. Again, fish die as soon as they are taken out of water; hence they could not be offered in the temple like other animals.

Reply to Objection 4: Among turtledoves the older ones are better than the young; while with doves the case is the reverse. Wherefore, as Rabbi Moses observes (Doct. Perplex. iii), turtledoves and young doves are commanded to be offered, because nothing should be offered to God but what is best.

Reply to Objection 5: The animals which were offered in sacrifice were slain, because it is by being killed that they become useful to man, forasmuch as God gave them to man for food. Wherefore also they were burnt with fire: because it is by being cooked that they are made fit for human consumption. Moreover the slaying of the animals signified the destruction of sins: and also that man deserved death on account of his sins; as though those animals were slain in man's stead, in order to betoken the expiation of sins. Again the slaying of these animals signified the slaying of Christ.

Reply to Objection 6: The Law fixed the special manner of slaying the sacrificial animals in order to exclude other ways of killing, whereby idolaters sacrificed animals to idols. Or again, as Rabbi Moses says (Doct. Perplex. iii), "the Law chose that manner of slaying which was least painful to the slain animal." This excluded cruelty on the part of the offerers, and any mangling of the animals slain.

Reply to Objection 7: It is because unclean animals are wont to be held in contempt among men, that it was forbidden to offer them in sacrifice to God: and for this reason too they were forbidden (Dt. 23:18) to offer "the hire of a strumpet or the price of a dog in the house of . . . God." For the same reason they did not offer animals before the seventh day, because such were abortive as it were, the flesh being not yet firm on account of its exceeding softness.

Reply to Objection 8: There were three kinds of sacrifices. There was one in which the victim was entirely consumed by fire: this was called "a holocaust, i.e. all burnt." For this kind of sacrifice was offered to God specially to show reverence to His majesty, and love of His goodness: and typified the state of perfection as regards the fulfilment of the counsels. Wherefore the whole was burnt up: so that as the whole animal by being dissolved into vapor soared aloft, so it might denote that the whole man, and whatever belongs to him, are subject to the authority of God, and should be offered to Him.

Another sacrifice was the "sin-offering," which was offered to God on account of man's need for the forgiveness of sin: and this typifies the state of penitents in satisfying for sins. It was divided into two parts: for one part was burnt; while the other was granted to the use of the priests to signify that remission of sins is granted by God through the ministry of His priests. When, however, this sacrifice was offered for the sins of the whole people, or specially for the sin of the priest, the whole victim was burnt up. For it was not fitting that the priests should have the use of that which was offered for their own sins, to signify that nothing sinful should remain in them. Moreover, this would not be satisfaction for sin: for if the offering were granted to the use of those for whose sins it was offered, it would seem to be the same as if it had not been offered.

The third kind of sacrifice was called the "peace-offering," which was offered to God, either in thanksgiving, or for the welfare and prosperity of the offerers, in acknowledgment of benefits already received or yet to be received: and this typifies the state of those who are proficient in the observance of the commandments. These sacrifices were divided into three parts: for one part was burnt in honor of God; another part was allotted to the use of the priests; and the third part to the use of the offerers; in order to signify that man's salvation is from God, by the direction of God's ministers, and through the cooperation of those who are saved.

But it was the universal rule that the blood and fat were not allotted to the use either of the priests or of the offerers: the blood being poured out at the foot of the altar, in honor of God, while the fat was burnt upon the altar (Lev. 9:9,10). The reason for this was, first, in order to prevent idolatry: because idolaters used to drink the blood and eat the fat of the victims, according to Dt. 32:38: "Of whose victims they eat the fat, and drank the wine of their drink-offerings." Secondly, in order to form them to a right way of living. For they were forbidden the use of the blood that they might abhor the shedding of human blood; wherefore it is written (Gn. 9:4,5): "Flesh with blood you shall not eat: for I will require the blood of your lives": and they were forbidden to eat the fat, in order to withdraw them from lasciviousness; hence it is written (Ezech. 34:3): "You have killed that which was fat." Thirdly, on account of the reverence due to God: because blood is most necessary for life, for which reason "life" is said to be "in the blood" (Lev. 17:11,14): while fat is a sign of abundant nourishment. Wherefore, in order to show that to God we owe both life and a sufficiency of all good things, the blood was poured out, and the fat burnt up in His honor. Fourthly, in order to foreshadow the shedding of Christ's blood, and the abundance of His charity, whereby He offered Himself to God for us.

In the peace-offerings, the breast-bone and the right shoulder were allotted to the use of the priest, in order to prevent a certain kind of divination which is known as "spatulamantia," so called because it was customary in divining to use the shoulder-blade spatula, and the breast-bone of the animals offered in sacrifice; wherefore these things were taken away from the offerers. This is also denoted the priest's need of wisdom in the heart, to instruct the peoplethis was signified by the breast-bone, which covers the heart; and his need of fortitude, in order to bear with human frailtyand this was signified by the right shoulder.

Reply to Objection 9: Because the holocaust was the most perfect kind of sacrifice, therefore none but a male was offered for a holocaust: because the female is an imperfect animal. The offering of turtledoves and doves was on account of the poverty of the offerers, who were unable to offer bigger animals. And since peace-victims were offered freely, and no one was bound to offer them against his will, hence these birds were offered not among the peace-victims, but among the holocausts and victims for sin, which man was obliged to offer at times. Moreover these birds, on account of their lofty flight, while befitting the perfection of the holocausts: and were suitable for sin-offerings because their song is doleful.

Reply to Objection 1 The holocaust was the chief of all the sacrifices: because all were burnt in honor of God, and nothing of it was eaten. The second place in holiness, belongs to the sacrifice for sins, which was eaten in the court only, and on the very day of the sacrifice (Lev. 7:6,15). The third place must be given to the peace-offerings of thanksgiving, which were eaten on the same day, but anywhere in Jerusalem. Fourth in order were the "ex-voto" peace-offerings, the flesh of which could be eaten even on the morrow. The reason for this order is that man is bound to God, chiefly on account of His majesty; secondly, on account of the sins he has committed; thirdly, because of the benefits he has already received from Him; fourthly, by reason of the benefits he hopes to receive from Him.

Reply to Objection 1 Sins are more grievous by reason of the state of the sinner, as stated above (Question 73, Article 10): wherefore different victims are commanded to be offered for the sin of a priest, or of a prince, or of some other private individual. "But," as Rabbi Moses says (Doct. Perplex. iii), "we must take note that the more grievous the sin, the lower the species of animals offered for it. Wherefore the goat, which is a very base animal, was offered for idolatry; while a calf was offered for a priest's ignorance, and a ram for the negligence of a prince."

Reply to Objection 1 In the matter of sacrifices the Law had in view the poverty of the offerers; so that those who could not have a four-footed animal at their disposal, might at least offer a bird; and that he who could not have a bird might at least offer bread; and that if a man had not even bread he might offer flour or ears of corn.

The figurative cause is that the bread signifies Christ Who is the "living bread" (Jn. 6:41,51). He was indeed an ear of corn, as it were, during the state of the law of nature, in the faith of the patriarchs; He was like flour in the doctrine of the Law of the prophets; and He was like perfect bread after He had taken human nature; baked in the fire, i.e. formed by the Holy Spirit in the oven of the virginal womb; baked again in a pan by the toils which He suffered in the world; and consumed by fire on the cross as on a gridiron.

Reply to Objection 1 The products of the soil are useful to man, either as food, and of these bread was offered; or as drink, and of these wine was offered; or as seasoning, and of these oil and salt were offered; or as healing, and of these they offered incense, which both smells sweetly and binds easily together.

Now the bread foreshadowed the flesh of Christ; and the wine, His blood, whereby we were redeemed; oil betokens the grace of Christ; salt, His knowledge; incense, His prayer.

Reply to Objection 1 Honey was not offered in the sacrifices to God, both because it was wont to be offered in the sacrifices to idols; and in order to denote the absence of all carnal sweetness and pleasure from those who intend to sacrifice to God. Leaven was not offered, to denote the exclusion of corruption. Perhaps too, it was wont to be offered in the sacrifices to idols.

Salt, however, was offered, because it wards off the corruption of putrefaction: for sacrifices offered to God should be incorrupt. Moreover, salt signifies the discretion of wisdom, or again, mortification of the flesh.

Incense was offered to denote devotion of the heart, which is necessary in the offerer; and again, to signify the odor of a good name: for incense is composed of matter, both rich and fragrant. And since the sacrifice "of jealousy" did not proceed from devotion, but rather from suspicion, therefore incense was not offered therein (Num. 5:15).

Art. 4.
.... Whether sufficient reason can be assigned for the ceremonies pertaining to holy things?

Objection 1: It would seem that no sufficient reason can be assigned for the ceremonies of the Old Law that pertain to holy things. For Paul said (Acts 17:24): "God Who made the world and all things therein; He being Lord of heaven and earth, dwells not in temples made by hands." It was therefore unfitting that in the Old Law a tabernacle or temple should be set up for the worship of God.

Objection 2: Further, the state of the Old Law was not changed except by Christ. But the tabernacle denoted the state of the Old Law. Therefore it should not have been changed by the building of a temple.

Objection 3: Further, the Divine Law, more than any other indeed, should lead man to the worship of God. But an increase of divine worship requires multiplication of altars and temples; as is evident in regard to the New Law. Therefore it seems that also under the Old Law there should have been not only one tabernacle or temple, but many.

Objection 4: Further, the tabernacle or temple was ordained to the worship of God. But in God we should worship above all His unity and simplicity. Therefore it seems unbecoming for the tabernacle or temple to be divided by means of veils.

Objection 5: Further, the power of the First Mover, i.e. God, appears first of all in the east, for it is in that quarter that the first movement begins. But the tabernacle was set up for the worship of God. Therefore it should have been built so as to point to the east rather than the west.

Objection 6: Further, the Lord commanded (Ex. 20:4) that they should "not make . . . a graven thing, nor the likeness of anything." It was therefore unfitting for graven images of the cherubim to be set up in the tabernacle or temple. In like manner, the ark, the propitiatory, the candlestick, the table, the two altars, seem to have been placed there without reasonable cause.

Objection 7: Further, the Lord commanded (Ex. 20:24): "You shall make an altar of earth unto Me": and again (Ex. 20:26): "You will not go up by steps unto My altar." It was therefore unfitting that subsequently they should be commanded to make an altar of wood laid over with gold or brass; and of such a height that it was impossible to go up to it except by steps. For it is written (Ex. 27:1,2): "You will make also an altar of setim wood, which shall be five cubits long, and as many broad . . . and three cubits high . . . and you will cover it with brass": and (Ex. 30:1,3): "You will make . . . an altar to burn incense, of setim wood . . . and you will overlay it with the purest gold."

Objection 8: Further, in God's works nothing should be superfluous; for not even in the works of nature is anything superfluous to be found. But one cover suffices for one tabernacle or house. Therefore it was unbecoming to furnish the tabernacle with many coverings, viz. curtains, curtains of goats' hair, rams' skins dyed red, and violet-colored skins (Ex. 26).

Objection 9: Further, exterior consecration signifies interior holiness, the subject of which is the soul. It was therefore unsuitable for the tabernacle and its vessels to be consecrated, since they were inanimate things.

Objection 1 Further, it is written (Ps. 33:2): "I will bless the Lord at all times, His praise shall always be in my mouth." But the solemn festivals were instituted for the praise of God. Therefore it was not fitting that certain days should be fixed for keeping solemn festivals; so that it seems that there was no suitable cause for the ceremonies relating to holy things.

On the contrary, The Apostle says (Heb. 8:4) that those who "offer gifts according to the law . . . serve unto the example and shadow of heavenly things. As it was answered to Moses, when he was to finish the tabernacle: See, says He, that you make all things according to the pattern which was shown you on the mount." But that is most reasonable, which presents a likeness to heavenly things. Therefore the ceremonies relating to holy things had a reasonable cause.

I answer that, The chief purpose of the whole external worship is that man may give worship to God. Now man's tendency is to reverence less those things which are common, and indistinct from other things; whereas he admires and reveres those things which are distinct from others in some point of excellence. Hence too it is customary among men for kings and princes, who ought to be reverenced by their subjects, to be clothed in more precious garments, and to possess vaster and more beautiful abodes. And for this reason it behooved special times, a special abode, special vessels, and special ministers to be appointed for the divine worship, so that thereby the soul of man might be brought to greater reverence for God.

In like manner the state of the Old Law, as observed above (Article 2; Question 100, Article 12; Question 101, Article 2), was instituted that it might foreshadow the mystery of Christ. Now that which foreshadows something should be determinate, so that it may present some likeness thereto. Consequently, certain special points had to be observed in matters pertaining to the worship of God.

Reply to Objection 1: The divine worship regards two things: namely, God Who is worshipped; and men, who worship Him. Accordingly God, Who is worshipped, is confined to no bodily place: wherefore there was no need, on His part, for a tabernacle or temple to be set up. But men, who worship Him, are corporeal beings: and for their sake there was need for a special tabernacle or temple to be set up for the worship of God, for two reasons. First, that through coming together with the thought that the place was set aside for the worship of God, they might approach thither with greater reverence. Secondly, that certain things relating to the excellence of Christ's Divine or human nature might be signified by the arrangement of various details in such temple or tabernacle.

To this Solomon refers (3 Kgs. 8:27) when he says: "If heaven and the heavens of heavens cannot contain You, how much less this house which I have built" for You? And further on (3 Kgs. 8:29,20) he adds: "That Your eyes may be open upon this house . . . of which You have said: My name shall be there; . . . that You mayest listen to the supplication of Your servant and of Your people Israel." From this it is evident that the house of the sanctuary was set up, not in order to contain God, as abiding therein locally, but that God might be made known there by means of things done and said there; and that those who prayed there might, through reverence for the place, pray more devoutly, so as to be heard more readily.

Reply to Objection 2: Before the coming of Christ, the state of the Old Law was not changed as regards the fulfilment of the Law, which was effected in Christ alone: but it was changed as regards the condition of the people that were under the Law. Because, at first, the people were in the desert, having no fixed abode: afterwards they were engaged in various wars with the neighboring nations; and lastly, at the time of David and Solomon, the state of that people was one of great peace. And then for the first time the temple was built in the place which Abraham, instructed by God, had chosen for the purpose of sacrifice. For it is written (Gn. 22:2) that the Lord commanded Abraham to "offer" his son "for a holocaust upon one of the mountains which I will show you": and it is related further on (Gn. 22:14) that "he calls the name of that place, The Lord sees," as though, according to the Divine prevision, that place were chosen for the worship of God. Hence it is written (Dt. 12:5,6): "You shall come to the place which the Lord your God shall choose . . . and you shall offer . . . your holocausts and victims."

We must now consider the duration of the ceremonial precepts: under which head there are four points of inquiry:
(1) Whether the ceremonial precepts were in existence before the Law?
(2) Whether at the time of the Law the ceremonies of the Old Law had any power of justification?
(3) Whether they ceased at the coming of Christ?
(4) Whether it is a mortal sin to observe them after the coming of Christ?

Art. 1.
.... Whether the ceremonies of the Law were in existence before the Law?

Objection 1: It would seem that the ceremonies of the Law were in existence before the Law. For sacrifices and holocausts were ceremonies of the Old Law, as stated above (Question 101, Article 4). But sacrifices and holocausts preceded the Law: for it is written (Gn. 4:3,4) that "Cain offered, of the fruits of the earth, gifts to the Lord," and that "Abel offered of the firstlings of his flock, and of their fat." Noe also "offered holocausts" to the Lord (Gn. 18:20), and Abraham did in like manner (Gn. 22:13). Therefore the ceremonies of the Old Law preceded the Law.

Objection 2: Further, the erecting and consecrating of the altar were part of the ceremonies relating to holy things. But these preceded the Law. For we read (Gn. 13:18) that "Abraham . . . built . . . an altar to the Lord"; and (Gn. 28:18) that "Jacob . . . took the stone . . . and set it up for a title, pouring oil upon the top of it." Therefore the legal ceremonies preceded the Law.

Objection 3: Further, the first of the legal sacraments seems to have been circumcision. But circumcision preceded the Law, as appears from Gn. 17. In like manner the priesthood preceded the Law; for it is written (Gn. 14:18) that "Melchisedech . . . was the priest of the most high God." Therefore the sacramental ceremonies preceded the Law.

Objection 4: Further, the distinction of clean from unclean animals belongs to the ceremonies of observances, as stated above (Question 100, 2, Article 6, ad 1). But this distinction preceded the Law; for it is written (Gn. 7:2,3): "Of all clean beasts take seven and seven . . . but of the beasts that are unclean, two and two." Therefore the legal ceremonies preceded the Law.

On the contrary, It is written (Dt. 6:1): "These are the precepts and ceremonies . . . which the Lord your God commanded that I should teach you." But they would not have needed to be taught about these things, if the aforesaid ceremonies had been already in existence. Therefore the legal ceremonies did not precede the Law.

I answer that, As is clear from what has been said (Question 101, Article 2; Question 102, Article 2), the legal ceremonies were ordained for a double purpose; the worship of God, and the foreshadowing of Christ. Now whoever worships God must needs worship Him by means of certain fixed things pertaining to external worship. But the fixing of the divine worship belongs to the ceremonies; just as the determining of our relations with our neighbor is a matter determined by the judicial precepts, as stated above (Question 99, Article 4). Consequently, as among men in general there were certain judicial precepts, not indeed established by Divine authority, but ordained by human reason; so also there were some ceremonies fixed, not by the authority of any law, but according to the will and devotion of those that worship God. Since, however, even before the Law some of the leading men were gifted with the spirit of prophecy, it is to be believed that a heavenly instinct, like a private law, prompted them to worship God in a certain definite way, which would be both in keeping with the interior worship, and a suitable token of Christ's mysteries, which were foreshadowed also by other things that they did, according to 1 Cor. 10:11: "All . . . things happened to them in figure." Therefore there were some ceremonies before the Law, but they were not legal ceremonies, because they were not as yet established by legislation.

Reply to Objection 1: The patriarchs offered up these oblations, sacrifices and holocausts previously to the Law, out of a certain devotion of their own will, according as it seemed proper to them to offer up in honor of God those things which they had received from Him, and thus to testify that they worshipped God Who is the beginning and end of all.

Reply to Objection 2: They also established certain sacred things, because they thought that the honor due to God demanded that certain places should be set apart from others for the purpose of divine worship.

Reply to Objection 3: The sacrament of circumcision was established by command of God before the Law. Hence it cannot be called a sacrament of the Law as though it were an institution of the Law, but only as an observance included in the Law. Hence Our Lord said (Jn. 7:20) that circumcision was "not of Moses, but of his fathers." Again, among those who worshipped God, the priesthood was in existence before the Law by human appointment, for the Law allotted the priestly dignity to the firstborn.

Reply to Objection 4: The distinction of clean from unclean animals was in vogue before the Law, not with regard to eating them, since it is written (Gn. 9:3): "Everything that moves and lives shall be meat for you": but only as to the offering of sacrifices because they used only certain animals for that purpose. If, however, they did make any distinction in regard to eating; it was not that it was considered illegal to eat such animals, since this was not forbidden by any law, but from dislike or custom: thus even now we see that certain foods are looked upon with disgust in some countries, while people partake of them in others.

Art. 2.
.... Whether, at the time of the Law, the ceremonies of the Old Law had any power of justification?

Objection 1: It would seem that the ceremonies of the Old Law had the power of justification at the time of the Law. Because expiation from sin and consecration pertains to justification. But it is written (Ex. 39:21) that the priests and their apparel were consecrated by the sprinkling of blood and the anointing of oil; and (Lev. 16:16) that, by sprinkling the blood of the calf, the priest expiated "the sanctuary from the uncleanness of the children of Israel, and from their transgressions and . . . their sins." Therefore the ceremonies of the Old Law had the power of justification.

Objection 2: Further, that by which man pleases God pertains to justification, according to Ps. 10:8: "The Lord is just and has loved justice." But some pleased God by means of ceremonies, according to Lev. 10:19: "How could I . . . please the Lord in the ceremonies, having a sorrowful heart?" Therefore the ceremonies of the Old Law had the power of justification.

Objection 3: Further, things relating to the divine worship regard the soul rather than the body, according to Ps. 18:8: "The Law of the Lord is unspotted, converting souls." But the leper was cleansed by means of the ceremonies of the Old Law, as stated in Lev. 14. Much more therefore could the ceremonies of the Old Law cleanse the soul by justifying it.

On the contrary, The Apostle says (Gal. 2) (*The first words of the quotation are from 3:21: St. Thomas probably quoting from memory, substituted them for 2:21, which runs thus: 'If justice be by the Law, then Christ died in vain.': "If there had been a law given which could justify Vulg.: 'give life', Christ died in vain," i.e. without cause. But this is inadmissible. Therefore the ceremonies of the Old Law did not confer justice.

I answer that, As stated above (Question 102, Article 5, ad 4), a twofold uncleanness was distinguished in the Old Law. One was spiritual and is the uncleanness of sin. The other was corporal, which rendered a man unfit for divine worship; thus a leper, or anyone that touched carrion, was said to be unclean: and thus uncleanness was nothing but a kind of irregularity. From this uncleanness, then, the ceremonies of the Old Law had the power to cleanse: because they were ordered by the Law to be employed as remedies for the removal of the aforesaid uncleannesses which were contracted in consequence of the prescription of the Law. Hence the Apostle says (Heb. 9:13) that "the blood of goats and of oxen, and the ashes of a heifer, being sprinkled, sanctify such as are defiled, to the cleansing of the flesh." And just as this uncleanness which was washed away by such like ceremonies, affected the flesh rather than the soul, so also the ceremonies themselves are called by the Apostle shortly before (Heb. 9:10) justices of the flesh: "justices of the flesh," says he, "being laid on them until the time of correction."

On the other hand, they had no power of cleansing from uncleanness of the soul, i.e. from the uncleanness of sin. The reason of this was that at no time could there be expiation from sin, except through Christ, "Who takes away the sins Vulg.: 'sin' of the world" (Jn. 1:29). And since the mystery of Christ's Incarnation and Passion had not yet really taken place, those ceremonies of the Old Law could not really contain in themselves a power flowing from Christ already incarnate and crucified, such as the sacraments of the New Law contain. Consequently they could not cleanse from sin: thus the Apostle says (Heb. 10:4) that "it is impossible that with the blood of oxen and goats sin should be taken away"; and for this reason he calls them (Gal. 4:9) "weak and needy elements": weak indeed, because they cannot take away sin; but this weakness results from their being needy, i.e. from the fact that they do not contain grace within themselves.

However, it was possible at the time of the Law, for the minds of the faithful, to be united by faith to Christ incarnate and crucified; so that they were justified by faith in Christ: of which faith the observance of these ceremonies was a sort of profession, inasmuch as they foreshadowed Christ. Hence in the Old Law certain sacrifices were offered up for sins, not as though the sacrifices themselves washed sins away, but because they were professions of faith which cleansed from sin. In fact, the Law itself implies this in the terms employed: for it is written (Lev. 4:26; 5:16) that in offering the sacrifice for sin "the priest shall pray for him . . . and it shall be forgiven him," as though the sin were forgiven, not in virtue of the sacrifices, but through the faith and devotion of those who offered them. It must be observed, however, that the very fact that the ceremonies of the Old Law washed away uncleanness of the body, was a figure of that expiation from sins which was effected by Christ.

It is therefore evident that under the state of the Old Law the ceremonies had no power of justification.

Reply to Objection 1: That sanctification of priests and their sons, and of their apparel or of anything else belonging to them, by sprinkling them with blood, had no other effect but to appoint them to the divine worship, and to remove impediments from them, "to the cleansing of the flesh," as the Apostle states (Heb. 9:13) in token of that sanctification whereby "Jesus" sanctified "the people by His own blood" (Heb. 13:12). Moreover, the expiation must be understood as referring to the removal of these bodily uncleannesses, not to the forgiveness of sin. Hence even the sanctuary which could not be the subject of sin is stated to be expiated.

Reply to Objection 2: The priests pleased God in the ceremonies by their obedience and devotion, and by their faith in the reality foreshadowed; not by reason of the things considered in themselves.

Reply to Objection 3: Those ceremonies which were prescribed in the cleansing of a leper, were not ordained for the purpose of taking away the defilement of leprosy. This is clear from the fact that these ceremonies were not applied to a man until he was already healed: hence it is written (Lev. 14:3,4) that the priest, "going out of the camp, when he shall find that the leprosy is cleansed, shall command him that is to be purified to offer," etc.; whence it is evident that the priest was appointed the judge of leprosy, not before, but after cleansing. But these ceremonies were employed for the purpose of taking away the uncleanness of irregularity. They do say, however, that if a priest were to err in his judgment, the leper would be cleansed miraculously by the power of God, but not in virtue of the sacrifice. Thus also it was by miracle that the thigh of the adulterous woman rotted, when she had drunk the water "on which" the priest had "heaped curses," as stated in Num. 5:19-27.

Art. 3.
.... Whether the ceremonies of the Old Law ceased at the coming of Christ?

Objection 1: It would seem that the ceremonies of the Old Law did not cease at the coming of Christ. For it is written (Bar 4:1): "This is the book of the commandments of God, and the law that is for ever." But the legal ceremonies were part of the Law. Therefore the legal ceremonies were to last for ever.

Objection 2: Further, the offering made by a leper after being cleansed was a ceremony of the Law. But the Gospel commands the leper, who has been cleansed, to make this offering (Mt. 8:4). Therefore the ceremonies of the Old Law did not cease at Christ's coming.

Objection 3: Further, as long as the cause remains, the effect remains. But the ceremonies of the Old Law had certain reasonable causes, inasmuch as they were ordained to the worship of God, besides the fact that they were intended to be figures of Christ. Therefore the ceremonies of the Old Law should not have ceased.

Objection 4: Further, circumcision was instituted as a sign of Abraham's faith: the observance of the sabbath, to recall the blessing of creation: and other solemnities, in memory of other Divine favors, as state above (Question 102, Article 4, ad 10; Article 5, ad 1). But Abraham's faith is ever to be imitated even by us: and the blessing of creation and other Divine favors should never be forgotten. Therefore at least circumcision and the other legal solemnities should not have ceased.

On the contrary, The Apostle says (Col. 2:16,17): "Let no man . . . judge you in meat or in drink, or in respect of a festival day, or of the new moon, or of the sabbaths, which are a shadow of things to come": and (Heb. 8:13): "In saying a new (testament), he has made the former old: and that which decays and grows old, is near its end."

I answer that, All the ceremonial precepts of the Old Law were ordained to the worship of God as stated above (Question 101, Articles 1,2). Now external worship should be in proportion to the internal worship, which consists in faith, hope and charity. Consequently exterior worship had to be subject to variations according to the variations in the internal worship, in which a threefold state may be distinguished. One state was in respect of faith and hope, both in heavenly goods, and in the means of obtaining themin both of these considered as things to come. Such was the state of faith and hope in the Old Law. Another state of interior worship is that in which we have faith and hope in heavenly goods as things to come; but in the means of obtaining heavenly goods, as in things present or past. Such is the state of the New Law. The third state is that in which both are possessed as present; wherein nothing is believed in as lacking, nothing hoped for as being yet to come. Such is the state of the Blessed.

In this state of the Blessed, then, nothing in regard to worship of God will be figurative; there will be naught but "thanksgiving and voice of praise" (Is. 51:3). Hence it is written concerning the city of the Blessed (Apoc. 21:22): "I saw no temple therein: for the Lord God Almighty is the temple thereof, and the Lamb." Proportionately, therefore, the ceremonies of the first-mentioned state which foreshadowed the second and third states, had need to cease at the advent of the second state; and other ceremonies had to be introduced which would be in keeping with the state of divine worship for that particular time, wherein heavenly goods are a thing of the future, but the Divine favors whereby we obtain the heavenly boons are a thing of the present.

Reply to Objection 1: The Old Law is said to be "for ever" simply and absolutely, as regards its moral precepts; but as regards the ceremonial precepts it lasts for even in respect of the reality which those ceremonies foreshadowed.

Reply to Objection 2: The mystery of the redemption of the human race was fulfilled in Christ's Passion: hence Our Lord said then: "It is consummated" (Jn. 19:30). Consequently the prescriptions of the Law must have ceased then altogether through their reality being fulfilled. As a sign of this, we read that at the Passion of Christ "the veil of the temple was rent" (Mt. 27:51). Hence, before Christ's Passion, while Christ was preaching and working miracles, the Law and the Gospel were concurrent, since the mystery of Christ had already begun, but was not as yet consummated. And for this reason Our Lord, before His Passion, commanded the leper to observe the legal ceremonies.

Reply to Objection 3: The literal reasons already given (Question 102) for the ceremonies refer to the divine worship, which was founded on faith in that which was to come. Hence, at the advent of Him Who was to come, both that worship ceased, and all the reasons referring thereto.

Reply to Objection 4: The faith of Abraham was commended in that he believed in God's promise concerning his seed to come, in which all nations were to blessed. Wherefore, as long as this seed was yet to come, it was necessary to make profession of Abraham's faith by means of circumcision. But now that it is consummated, the same thing needs to be declared by means of another sign, viz. Baptism, which, in this respect, took the place of circumcision, according to the saying of the Apostle (Col. 2:11, 12): "You are circumcised with circumcision not made by hand, in despoiling of the body of the flesh, but in the circumcision of Christ, buried with Him in Baptism."

As to the sabbath, which was a sign recalling the first creation, its place is taken by the "Lord's Day," which recalls the beginning of the new creature in the Resurrection of Christ. In like manner other solemnities of the Old Law are supplanted by new solemnities: because the blessings vouchsafed to that people, foreshadowed the favors granted us by Christ. Hence the feast of the Passover gave place to the feast of Christ's Passion and Resurrection: the feast of Pentecost when the Old Law was given, to the feast of Pentecost on which was given the Law of the living spirit: the feast of the New Moon, to Lady Day, when appeared the first rays of the sun, i.e. Christ, by the fulness of grace: the feast of Trumpets, to the feasts of the Apostles: the feast of Expiation, to the feasts of Martyrs and Confessors: the feast of Tabernacles, to the feast of the Church Dedication: the feast of the Assembly and Collection, to feast of the Angels, or else to the feast of All Hallows.

Art. 4.
.... Whether since Christ's Passion the legal ceremonies can be observed without committing mortal sin?

Objection 1: It would seem that since Christ's Passion the legal ceremonies can be observed without committing mortal sin. For we must not believe that the apostles committed mortal sin after receiving the Holy Spirit: since by His fulness they were "endued with power from on high" (Lk. 24:49). But the apostles observed the legal ceremonies after the coming of the Holy Spirit: for it is stated (Acts 16:3) that Paul circumcised Timothy: and (Acts 21:26) that Paul, at the advice of James, "took the men, and . . . being purified with them, entered into the temple, giving notice of the accomplishment of the days of purification, until an oblation should be offered for every one of them." Therefore the legal ceremonies can be observed since the Passion of Christ without mortal sin.

Objection 2: Further, one of the legal ceremonies consisted in shunning the fellowship of Gentiles. But the first Pastor of the Church complied with this observance; for it is stated (Gal. 2:12) that, "when" certain men "had come" to Antioch, Peter "withdrew and separated himself" from the Gentiles. Therefore the legal ceremonies can be observed since Christ's Passion without committing mortal sin.

Objection 3: Further, the commands of the apostles did not lead men into sin. But it was commanded by apostolic decree that the Gentiles should observe certain ceremonies of the Law: for it is written (Acts 15:28,29): "It has seemed good to the Holy Spirit and to us, to lay no further burden upon you than these necessary things: that you abstain from things sacrificed to idols, and from blood, and from things strangled, and from fornication." Therefore the legal ceremonies can be observed since Christ's Passion without committing mortal sin.

On the contrary, The Apostle says (Gal. 5:2): "If you be circumcised, Christ shall profit you nothing." But nothing save mortal sin hinders us from receiving Christ's fruit. Therefore since Christ's Passion it is a mortal sin to be circumcised, or to observe the other legal ceremonies.

I answer that, All ceremonies are professions of faith, in which the interior worship of God consists. Now man can make profession of his inward faith, by deeds as well as by words: and in either profession, if he make a false declaration, he sins mortally. Now, though our faith in Christ is the same as that of the fathers of old; yet, since they came before Christ, whereas we come after Him, the same faith is expressed in different words, by us and by them. For by them was it said: "Behold a virgin shall conceive and bear a son," where the verbs are in the future tense: whereas we express the same by means of verbs in the past tense, and say that she "conceived and bore." In like manner the ceremonies of the Old Law betokened Christ as having yet to be born and to suffer: whereas our sacraments signify Him as already born and having suffered. Consequently, just as it would be a mortal sin now for anyone, in making a profession of faith, to say that Christ is yet to be born, which the fathers of old said devoutly and truthfully; so too it would be a mortal sin now to observe those ceremonies which the fathers of old fulfilled with devotion and fidelity. Such is the teaching Augustine (Contra Faust. xix, 16), who says: "It is no longer promised that He shall be born, shall suffer and rise again, truths of which their sacraments were a kind of image: but it is declared that He is already born, has suffered and risen again; of which our sacraments, in which Christians share, are the actual representation."

Reply to Objection 1: On this point there seems to have been a difference of opinion between Jerome and Augustine. For Jerome (Super Galat. ii, 11, seqq.) distinguished two periods of time. One was the time previous to Christ's Passion, during which the legal ceremonies were neither dead, since they were obligatory, and did expiate in their own fashion; nor deadly, because it was not sinful to observe them. But immediately after Christ's Passion they began to be not only dead, so as no longer to be either effectual or binding; but also deadly, so that whoever observed them was guilty of mortal sin. Hence he maintained that after the Passion the apostles never observed the legal ceremonies in real earnest; but only by a kind of pious pretense, lest, to wit, they should scandalize the Jews and hinder their conversion. This pretense, however, is to be understood, not as though they did not in reality perform those actions, but in the sense that they performed them without the mind to observe the ceremonies of the Law: thus a man might cut away his foreskin for health's sake, not with the intention of observing legal circumcision.

But since it seems unbecoming that the apostles, in order to avoid scandal, should have hidden things pertaining to the truth of life and doctrine, and that they should have made use of pretense, in things pertaining to the salvation of the faithful; therefore Augustine (Epist. lxxxii) more fittingly distinguished three periods of time. One was the time that preceded the Passion of Christ, during which the legal ceremonies were neither deadly nor dead: another period was after the publication of the Gospel, during which the legal ceremonies are both dead and deadly. The third is a middle period, viz. from the Passion of Christ until the publication of the Gospel, during which the legal ceremonies were dead indeed, because they had neither effect nor binding force; but were not deadly, because it was lawful for the Jewish converts to Christianity to observe them, provided they did not put their trust in them so as to hold them to be necessary unto salvation, as though faith in Christ could not justify without the legal observances. On the other hand, there was no reason why those who were converted from heathendom to Christianity should observe them. Hence Paul circumcised Timothy, who was born of a Jewish mother; but was unwilling to circumcise Titus, who was of heathen nationality.

The reason why the Holy Spirit did not wish the converted Jews to be debarred at once from observing the legal ceremonies, while converted heathens were forbidden to observe the rites of heathendom, was in order to show that there is a difference between these rites. For heathenish ceremonial was rejected as absolutely unlawful, and as prohibited by God for all time; whereas the legal ceremonial ceased as being fulfilled through Christ's Passion, being instituted by God as a figure of Christ.

Reply to Objection 2: According to Jerome, Peter withdrew himself from the Gentiles by pretense, in order to avoid giving scandal to the Jews, of whom he was the Apostle. Hence he did not sin at all in acting thus. On the other hand, Paul in like manner made a pretense of blaming him, in order to avoid scandalizing the Gentiles, whose Apostle he was. But Augustine disapproves of this solution: because in the canonical Scripture (viz. Gal. 2:11), wherein we must not hold anything to be false, Paul says that Peter "was to be blamed." Consequently it is true that Peter was at fault: and Paul blamed him in very truth and not with pretense. Peter, however, did not sin, by observing the legal ceremonial for the time being; because this was lawful for him who was a converted Jew. But he did sin by excessive minuteness in the observance of the legal rites in case he should scandalize the Jews, the result being that he gave scandal to the Gentiles.

Reply to Objection 3: Some have held that this prohibition of the apostles is not to be taken literally, but spiritually: namely, that the prohibition of blood signifies the prohibition of murder; the prohibition of things strangled, that of violence and rapine; the prohibition of things offered to idols, that of idolatry; while fornication is forbidden as being evil in itself: which opinion they gathered from certain glosses, which expound these prohibitions in a mystical sense. Since, however, murder and rapine were held to be unlawful even by the Gentiles, there would have been no need to give this special commandment to those who were converted to Christ from heathendom. Hence others maintain that those foods were forbidden literally, not to prevent the observance of legal ceremonies, but in order to prevent gluttony. Thus Jerome says on Ezech. 44:31 (The priest shall not eat of anything that is dead): "He condemns those priests who from gluttony did not keep these precepts."

But since certain foods are more delicate than these and more conducive to gluttony, there seems no reason why these should have been forbidden more than the others.

We must therefore follow the third opinion, and hold that these foods were forbidden literally, not with the purpose of enforcing compliance with the legal ceremonies, but in order to further the union of Gentiles and Jews living side by side. Because blood and things strangled were loathsome to the Jews by ancient custom; while the Jews might have suspected the Gentiles of relapse into idolatry if the latter had partaken of things offered to idols. Hence these things were prohibited for the time being, during which the Gentiles and Jews were to become united together. But as time went on, with the lapse of the cause, the effect lapsed also, when the truth of the Gospel teaching was divulged, wherein Our Lord taught that "not that which enters into the mouth defiles a man" (Mt. 15:11); and that "nothing is to be rejected that is received with thanksgiving" (1 Tim. 4:4). With regard to fornication a special prohibition was made, because the Gentiles did not hold it to be sinful.

We must now consider the judicial precepts: and first of all we shall consider them in general; in the second place we shall consider their reasons. Under the first head there are four points of inquiry:
(1) What is meant by the judicial precepts?
(2) Whether they are figurative?
(3) Their duration;
(4) Their division.

Art. 1.
.... Whether the judicial precepts were those which directed man in relation to his neighbor?

Objection 1: It would seem that the judicial precepts were not those which directed man in his relations to his neighbor. For judicial precepts take their name from "judgment." But there are many things that direct man as to his neighbor, which are not subordinate to judgment. Therefore the judicial precepts were not those which directed man in his relations to his neighbor.

Objection 2: Further, the judicial precepts are distinct from the moral precepts, as stated above (Question 99, Article 4). But there are many moral precepts which direct man as to his neighbor: as is evidently the case with the seven precepts of the second table. Therefore the judicial precepts are not so called from directing man as to his neighbor.

Objection 3: Further, as the ceremonial precepts relate to God, so do the judicial precepts relate to one's neighbor, as stated above (Question 99, Article 4; Question 101, Article 1). But among the ceremonial precepts there are some which concern man himself, such as observances in matter of food and apparel, of which we have already spoken (Question 102, Article 6, ad 1,6). Therefore the judicial precepts are not so called from directing man as to his neighbor.

On the contrary, It is reckoned (Ezech. 18:8) among other works of a good and just man, that "he has executed true judgment between man and man." But judicial precepts are so called from "judgment." Therefore it seems that the judicial precepts were those which directed the relations between man and man.

I answer that, As is evident from what we have stated above (Question 95, Article 2; Question 99, Article 4), in every law, some precepts derive their binding force from the dictate of reason itself, because natural reason dictates that something ought to be done or to be avoided. These are called "moral" precepts: since human morals are based on reason. At the same time there are other precepts which derive their binding force, not from the very dictate of reason (because, considered in themselves, they do not imply an obligation of something due or undue); but from some institution, Divine or human: and such are certain determinations of the moral precepts. When therefore the moral precepts are fixed by Divine institution in matters relating to man's subordination to God, they are called "ceremonial" precepts: but when they refer to man's relations to other men, they are called "judicial" precepts. Hence there are two conditions attached to the judicial precepts: viz. first, that they refer to man's relations to other men; secondly, that they derive their binding force not from reason alone, but in virtue of their institution.

Reply to Objection 1: Judgments emanate through the official pronouncement of certain men who are at the head of affairs, and in whom the judicial power is vested. Now it belongs to those who are at the head of affairs to regulate not only litigious matters, but also voluntary contracts which are concluded between man and man, and whatever matters concern the community at large and the government thereof. Consequently the judicial precepts are not only those which concern actions at law; but also all those that are directed to the ordering of one man in relation to another, which ordering is subject to the direction of the sovereign as supreme judge.

Reply to Objection 2: This argument holds in respect of those precepts which direct man in his relations to his neighbor, and derive their binding force from the mere dictate of reason.

Reply to Objection 3: Even in those precepts which direct us to God, some are moral precepts, which the reason itself dictates when it is quickened by faith; such as that God is to be loved and worshipped. There are also ceremonial precepts, which have no binding force except in virtue of their Divine institution. Now God is concerned not only with the sacrifices that are offered to Him, but also with whatever relates to the fitness of those who offer sacrifices to Him and worship Him. Because men are ordained to God as to their end; wherefore it concerns God and, consequently, is a matter of ceremonial precept, that man should show some fitness for the divine worship. On the other hand, man is not ordained to his neighbor as to his end, so as to need to be disposed in himself with regard to his neighbor, for such is the relationship of a slave to his master, since a slave "is his master's in all that he is," as the Philosopher says (Polit. i, 2). Hence there are no judicial precepts ordaining man in himself; all such precepts are moral: because the reason, which is the principal in moral matters, holds the same position, in man, with regard to things that concern him, as a prince or judge holds in the state. Nevertheless we must take note that, since the relations of man to his neighbor are more subject to reason than the relations of man to God, there are more precepts whereby man is directed in his relations to his neighbor, than whereby he is directed to God. For the same reason there had to be more ceremonial than judicial precepts in the Law.

Art. 2.
.... Whether the judicial precepts were figurative?

Objection 1: It would seem that the judicial precepts were not figurative. Because it seems proper to the ceremonial precepts to be instituted as figures of something else. Therefore, if the judicial precepts are figurative, there will be no difference between the judicial and ceremonial precepts.

Objection 2: Further, just as certain judicial precepts were given to the Jewish people, so also were some given to other heathen peoples. But the judicial precepts given to other peoples were not figurative, but stated what had to be done. Therefore it seems that neither were the judicial precepts of the Old Law figures of anything.

Objection 3: Further, those things which relate to the divine worship had to be taught under certain figures, because the things of God are above our reason, as stated above (Question 101, Article 2, ad 2). But things concerning our neighbor are not above our reason. Therefore the judicial precepts which direct us in relation to our neighbor should not have been figurative.

On the contrary, The judicial precepts are expounded both in the allegorical and in the moral sense (Ex. 21).

I answer that, A precept may be figurative in two ways. First, primarily and in itself: because, to wit, it is instituted principally that it may be the figure of something. In this way the ceremonial precepts are figurative; since they were instituted for the very purpose that they might foreshadow something relating to the worship of God and the mystery of Christ. But some precepts are figurative, not primarily and in themselves, but consequently. In this way the judicial precepts of the Old Law are figurative. For they were not instituted for the purpose of being figurative, but in order that they might regulate the state of that people according to justice and equity. Nevertheless they did foreshadow something consequently: since, to wit, the entire state of that people, who were directed by these precepts, was figurative, according to 1 Cor. 10:11: "All . . . things happened to them in figure."

Reply to Objection 1: The ceremonial precepts are not figurative in the same way as the judicial precepts, as explained above.

Reply to Objection 2: The Jewish people were chosen by God that Christ might be born of them. Consequently the entire state of that people had to be prophetic and figurative, as Augustine states (Contra Faust. xxii, 24). For this reason even the judicial precepts that were given to this people were more figurative that those which were given to other nations. Thus, too, the wars and deeds of this people are expounded in the mystical sense: but not the wars and deeds of the Assyrians or Romans, although the latter are more famous in the eyes of men.

Reply to Objection 3: In this people the direction of man in regard to his neighbor, considered in itself, was subject to reason. But in so far as it was referred to the worship of God, it was above reason: and in this respect it was figurative.

Art. 3.
.... Whether the judicial precepts of the Old Law bind for ever?

Objection 1: It would seem that the judicial precepts of the Old Law bind for ever. Because the judicial precepts relate to the virtue of justice: since a judgment is an execution of the virtue of justice. Now "justice is perpetual and immortal" (Wis. 1:15). Therefore the judicial precepts bind for ever.

Objection 2: Further, Divine institutions are more enduring than human institutions. But the judicial precepts of human laws bind for ever. Therefore much more do the judicial precepts of the Divine Law.

Objection 3: Further, the Apostle says (Heb. 7:18) that "there is a setting aside of the former commandment, because of the weakness and unprofitableness thereof." Now this is true of the ceremonial precept, which "could Vulg.: 'can' not, as to the conscience, make him perfect that serves only in meats and in drinks, and divers washings and justices of the flesh," as the Apostle declares (Heb. 9:9,10). On the other hand, the judicial precepts were useful and efficacious in respect of the purpose for which they were instituted, viz. to establish justice and equity among men. Therefore the judicial precepts of the Old Law are not set aside, but still retain their efficacy.

On the contrary, The Apostle says (Heb. 7:12) that "the priesthood being translated it is necessary that a translation also be made of the Law." But the priesthood was transferred from Aaron to Christ. Therefore the entire Law was also transferred. Therefore the judicial precepts are no longer in force.

I answer that, The judicial precepts did not bind for ever, but were annulled by the coming of Christ: yet not in the same way as the ceremonial precepts. For the ceremonial precepts were annulled so far as to be not only "dead," but also deadly to those who observe them since the coming of Christ, especially since the promulgation of the Gospel. On the other hand, the judicial precepts are dead indeed, because they have no binding force: but they are not deadly. For if a sovereign were to order these judicial precepts to be observed in his kingdom, he would not sin: unless perchance they were observed, or ordered to be observed, as though they derived their binding force through being institutions of the Old Law: for it would be a deadly sin to intend to observe them thus.

The reason for this difference may be gathered from what has been said above (Article 2). For it has been stated that the ceremonial precepts are figurative primarily and in themselves, as being instituted chiefly for the purpose of foreshadowing the mysteries of Christ to come. On the other hand, the judicial precepts were not instituted that they might be figures, but that they might shape the state of that people who were directed to Christ. Consequently, when the state of that people changed with the coming of Christ, the judicial precepts lost their binding force: for the Law was a pedagogue, leading men to Christ, as stated in Gal. 3:24. Since, however, these judicial precepts are instituted, not for the purpose of being figures, but for the performance of certain deeds, the observance thereof is not prejudicial to the truth of faith. But the intention of observing them, as though one were bound by the Law, is prejudicial to the truth of faith: because it would follow that the former state of the people still lasts, and that Christ has not yet come.

Reply to Objection 1: The obligation of observing justice is indeed perpetual. But the determination of those things that are just, according to human or Divine institution, must needs be different, according to the different states of mankind.

Reply to Objection 2: The judicial precepts established by men retain their binding force for ever, so long as the state of government remains the same. But if the state or nation pass to another form of government, the laws must needs be changed. For democracy, which is government by the people, demands different laws from those of oligarchy, which is government by the rich, as the Philosopher shows (Polit. iv, 1). Consequently when the state of that people changed, the judicial precepts had to be changed also.

Reply to Objection 3: Those judicial precepts directed the people to justice and equity, in keeping with the demands of that state. But after the coming of Christ, there had to be a change in the state of that people, so that in Christ there was no distinction between Gentile and Jew, as there had been before. For this reason the judicial precepts needed to be changed also.

Art. 4.
.... Whether it is possible to assign a distinct division of the judicial precepts?

Objection 1: It would seem that it is impossible to assign a distinct division of the judicial precepts. Because the judicial precepts direct men in their relations to one another. But those things which need to be directed, as pertaining to the relationship between man and man, and which are made use of by men, are not subject to division, since they are infinite in number. Therefore it is not possible to assign a distinct division of the judicial precepts.

Objection 2: Further, the judicial precepts are decisions on moral matters. But moral precepts do not seem to be capable of division, except in so far as they are reducible to the precepts of the decalogue. Therefore there is no distinct division of the judicial precepts.

Objection 3: Further, because there is a distinct division of the ceremonial precepts, the Law alludes to this division, by describing some as "sacrifices," others as "observances." But the Law contains no allusion to a division of the judicial precepts. Therefore it seems that they have no distinct division.

On the contrary, Wherever there is order there must needs be division. But the notion of order is chiefly applicable to the judicial precepts, since thereby that people was ordained. Therefore it is most necessary that they should have a distinct division.

I answer that, Since law is the art, as it were, of directing or ordering the life of man, as in every art there is a distinct division in the rules of art, so, in every law, there must be a distinct division of precepts: else the law would be rendered useless by confusion. We must therefore say that the judicial precepts of the Old Law, whereby men were directed in their relations to one another, are subject to division according to the divers ways in which man is directed.

Now in every people a fourfold order is to be found: one, of the people's sovereign to his subjects; a second of the subjects among themselves; a third, of the citizens to foreigners; a fourth, of members of the same household, such as the order of the father to his son; of the wife to her husband; of the master to his servant: and according to these four orders we may distinguish different kinds of judicial precepts in the Old Law. For certain precepts are laid down concerning the institution of the sovereign and relating to his office, and about the respect due to him: this is one part of the judicial precepts. Again, certain precepts are given in respect of a man to his fellow citizens: for instance, about buying and selling, judgments and penalties: this is the second part of the judicial precepts. Again, certain precepts are enjoined with regard to foreigners: for instance, about wars waged against their foes, and about the way to receive travelers and strangers: this is the third part of the judicial precepts. Lastly, certain precepts are given relating to home life: for instance, about servants, wives and children: this is the fourth part of the judicial precepts.

Reply to Objection 1: Things pertaining to the ordering of relations between one man and another are indeed infinite in number: yet they are reducible to certain distinct heads, according to the different relations in which one man stands to another, as stated above.

Reply to Objection 2: The precepts of the decalogue held the first place in the moral order, as stated above (Question 100, Article 3): and consequently it is fitting that other moral precepts should be distinguished in relation to them. But the judicial and ceremonial precepts have a different binding force, derived, not from natural reason, but from their institution alone. Hence there is a distinct reason for distinguishing them.

Reply to Objection 3: The Law alludes to the division of the judicial precepts in the very things themselves which are prescribed by the judicial precepts of the Law.

We must now consider the reason for the judicial precepts: under which head there are four points of inquiry:
(1) Concerning the reason for the judicial precepts relating to the rulers;
(2) Concerning the fellowship of one man with another;
(3) Concerning matters relating to foreigners;
(4) Concerning things relating to domestic matters.

Art. 1.
.... Whether the Old Law enjoined fitting precepts concerning rulers?

Objection 1: It would seem that the Old Law made unfitting precepts concerning rulers. Because, as the Philosopher says (Polit. iii, 4), "the ordering of the people depends mostly on the chief ruler." But the Law contains no precept relating to the institution of the chief ruler; and yet we find therein prescriptions concerning the inferior rulers: firstly (Ex. 18:21): "Provide out of all the people wise Vulg.: 'able' men," etc.; again (Num. 11:16): "Gather unto Me seventy men of the ancients of Israel"; and again (Dt. 1:13): "Let Me have from among you wise and understanding men," etc. Therefore the Law provided insufficiently in regard to the rulers of the people.

Objection 2: Further, "The best gives of the best," as Plato states (Tim. ii). Now the best ordering of a state or of any nation is to be ruled by a king: because this kind of government approaches nearest in resemblance to the Divine government, whereby God rules the world from the beginning. Therefore the Law should have set a king over the people, and they should not have been allowed a choice in the matter, as indeed they were allowed (Dt. 17:14,15): "When you . . . shalt say: I will set a king over me . . . you will set him," etc.

Objection 3: Further, according to Mt. 12:25: "Every kingdom divided against itself shall be made desolate": a saying which was verified in the Jewish people, whose destruction was brought about by the division of the kingdom. But the Law should aim chiefly at things pertaining to the general well-being of the people. Therefore it should have forbidden the kingdom to be divided under two kings: nor should this have been introduced even by Divine authority; as we read of its being introduced by the authority of the prophet Ahias the Silonite (3 Kgs. 11:29, seqq.).

Objection 4: Further, just as priests are instituted for the benefit of the people in things concerning God, as stated in Heb. 5:1; so are rulers set up for the benefit of the people in human affairs. But certain things were allotted as a means of livelihood for the priests and Levites of the Law: such as the tithes and first-fruits, and many like things. Therefore in like manner certain things should have been determined for the livelihood of the rulers of the people: the more that they were forbidden to accept presents, as is clearly stated in Ex. 23:8: "You shall not Vulg.: 'Neither must you' take bribes, which even blind the wise, and pervert the words of the just."

Objection 5: Further, as a kingdom is the best form of government, so is tyranny the most corrupt. But when the Lord appointed the king, He established a tyrannical law; for it is written (1 Kgs. 8:11): "This will be the right of the king, that shall reign over you: He will take your sons," etc. Therefore the Law made unfitting provision with regard to the institution of rulers.

On the contrary, The people of Israel is commended for the beauty of its order (Num. 24:5): "How beautiful are your tabernacles, O Jacob, and your tents." But the beautiful ordering of a people depends on the right establishment of its rulers. Therefore the Law made right provision for the people with regard to its rulers.

I answer that, Two points are to be observed concerning the right ordering of rulers in a state or nation. One is that all should take some share in the government: for this form of constitution ensures peace among the people, commends itself to all, and is most enduring, as stated in Polit. ii, 6. The other point is to be observed in respect of the kinds of government, or the different ways in which the constitutions are established. For whereas these differ in kind, as the Philosopher states (Polit. iii, 5), nevertheless the first place is held by the "kingdom," where the power of government is vested in one; and "aristocracy," which signifies government by the best, where the power of government is vested in a few. Accordingly, the best form of government is in a state or kingdom, where one is given the power to preside over all; while under him are others having governing powers: and yet a government of this kind is shared by all, both because all are eligible to govern, and because the rules are chosen by all. For this is the best form of polity, being partly kingdom, since there is one at the head of all; partly aristocracy, in so far as a number of persons are set in authority; partly democracy, i.e. government by the people, in so far as the rulers can be chosen from the people, and the people have the right to choose their rulers.

Such was the form of government established by the Divine Law. For Moses and his successors governed the people in such a way that each of them was ruler over all; so that there was a kind of kingdom. Moreover, seventy-two men were chosen, who were elders in virtue: for it is written (Dt. 1:15): "I took out of your tribes wise and honorable, and appointed them rulers": so that there was an element of aristocracy. But it was a democratical government in so far as the rulers were chosen from all the people; for it is written (Ex. 18:21): "Provide out of all the people wise Vulg.: 'able' men," etc.; and, again, in so far as they were chosen by the people; wherefore it is written (Dt. 1:13): "Let me have from among you wise Vulg.: 'able' men," etc. Consequently it is evident that the ordering of the rulers was well provided for by the Law.

Reply to Objection 1: This people was governed under the special care of God: wherefore it is written (Dt. 7:6): "The Lord your God has chosen you to be His peculiar people": and this is why the Lord reserved to Himself the institution of the chief ruler. For this too did Moses pray (Num. 27:16): "May the Lord the God of the spirits of all the flesh provide a man, that may be over this multitude." Thus by God's orders Josue was set at the head in place of Moses; and we read about each of the judges who succeeded Josue that God "raised . . . up a saviour" for the people, and that "the spirit of the Lord was" in them (Jgs 3:9,10,15). Hence the Lord did not leave the choice of a king to the people; but reserved this to Himself, as appears from Dt. 17:15: "You will set him whom the Lord your God shall choose."

Reply to Objection 2: A kingdom is the best form of government of the people, so long as it is not corrupt. But since the power granted to a king is so great, it easily degenerates into tyranny, unless he to whom this power is given be a very virtuous man: for it is only the virtuous man that conducts himself well in the midst of prosperity, as the Philosopher observes (Ethic. iv, 3). Now perfect virtue is to be found in few: and especially were the Jews inclined to cruelty and avarice, which vices above all turn men into tyrants. Hence from the very first the Lord did not set up the kingly authority with full power, but gave them judges and governors to rule them. But afterwards when the people asked Him to do so, being indignant with them, so to speak, He granted them a king, as is clear from His words to Samuel (1 Kgs. 8:7): "They have not rejected you, but Me, that I should not reign over them."

Nevertheless, as regards the appointment of a king, He did establish the manner of election from the very beginning (Dt. 17:14, seqq.): and then He determined two points: first, that in choosing a king they should wait for the Lord's decision; and that they should not make a man of another nation king, because such kings are wont to take little interest in the people they are set over, and consequently to have no care for their welfare: secondly, He prescribed how the king after his appointment should behave, in regard to himself; namely, that he should not accumulate chariots and horses, nor wives, nor immense wealth: because through craving for such things princes become tyrants and forsake justice. He also appointed the manner in which they were to conduct themselves towards God: namely, that they should continually read and ponder on God's Law, and should ever fear and obey God. Moreover, He decided how they should behave towards their subjects: namely, that they should not proudly despise them, or ill-treat them, and that they should not depart from the paths of justice.

Reply to Objection 3: The division of the kingdom, and a number of kings, was rather a punishment inflicted on that people for their many dissensions, specially against the just rule of David, than a benefit conferred on them for their profit. Hence it is written (Osee 13:11): "I will give you a king in My wrath"; and (Osee 8:4): "They have reigned, but not by Me: they have been princes, and I knew not."

Reply to Objection 4: The priestly office was bequeathed by succession from father to son: and this, in order that it might be held in greater respect, if not any man from the people could become a priest: since honor was given to them out of reverence for the divine worship. Hence it was necessary to put aside certain things for them both as to tithes and as to first-fruits, and, again, as to oblations and sacrifices, that they might be afforded a means of livelihood. On the other hand, the rulers, as stated above, were chosen from the whole people; wherefore they had their own possessions, from which to derive a living: and so much the more, since the Lord forbade even a king to have superabundant wealth to make too much show of magnificence: both because he could scarcely avoid the excesses of pride and tyranny, arising from such things, and because, if the rulers were not very rich, and if their office involved much work and anxiety, it would not tempt the ambition of the common people; and would not become an occasion of sedition.

Art. 2.
.... Whether the judicial precepts were suitably framed as to the relations of one man with another?

Objection 1: It would seem that the judicial precepts were not suitably framed as regards the relations of one man with another. Because men cannot live together in peace, if one man takes what belongs to another. But this seems to have been approved by the Law: since it is written (Dt. 23:24): "Going into your neighbor's vineyard, you mayest eat as many grapes as you pleasest." Therefore the Old Law did not make suitable provisions for man's peace.

Objection 2: Further, one of the chief causes of the downfall of states has been the holding of property by women, as the Philosopher says (Polit. ii, 6). But this was introduced by the Old Law; for it is written (Num. 27:8): "When a man dies without a son, his inheritance shall pass to his daughter." Therefore the Law made unsuitable provision for the welfare of the people.

Objection 3: Further, it is most conducive to the preservation of human society that men may provide themselves with necessaries by buying and selling, as stated in Polit. i. But the Old Law took away the force of sales; since it prescribes that in the 50th year of the jubilee all that is sold shall return to the vendor (Lev. 25:28). Therefore in this matter the Law gave the people an unfitting command.

Objection 4: Further, man's needs require that men should be ready to lend: which readiness ceases if the creditors do not return the pledges: hence it is written (Ecclus. 29:10): "Many have refused to lend, not out of wickedness, but they were afraid to be defrauded without cause." And yet this was encouraged by the Law. First, because it prescribed (Dt. 15:2): "He to whom any thing is owing from his friend or neighbor or brother, cannot demand it again, because it is the year of remission of the Lord"; and (Ex. 22:15) it is stated that if a borrowed animal should die while the owner is present, the borrower is not bound to make restitution. Secondly, because the security acquired through the pledge is lost: for it is written (Dt. 24:10): "When you will demand of your neighbor any thing that he owes you, you will not go into his house to take away a pledge"; and again (Dt. 24:12,13): "The pledge shall not lodge with you that night, but you will restore it to him presently." Therefore the Law made insufficient provision in the matter of loans.

Objection 5: Further, considerable risk attaches to goods deposited with a fraudulent depositary: wherefore great caution should be observed in such matters: hence it is stated in 2 Mach 3:15 that "the priests . . . called upon Him from heaven, Who made the law concerning things given to be kept, that He would preserve them safe, for them that had deposited them." But the precepts of the Old Law observed little caution in regard to deposits: since it is prescribed (Ex. 22:10,11) that when goods deposited are lost, the owner is to stand by the oath of the depositary. Therefore the Law made unsuitable provision in this matter.

Objection 6: Further, just as a workman offers his work for hire, so do men let houses and so forth. But there is no need for the tenant to pay his rent as soon as he takes a house. Therefore it seems an unnecessarily hard prescription (Lev. 19:13) that "the wages of him that has been hired by you shall not abide with you until morning."

Objection 7: Further, since there is often pressing need for a judge, it should be easy to gain access to one. It was therefore unfitting that the Law (Dt. 17:8,9) should command them to go to a fixed place to ask for judgment on doubtful matters.

Objection 8: Further, it is possible that not only two, but three or more, should agree to tell a lie. Therefore it is unreasonably stated (Dt. 19:15) that "in the mouth of two or three witnesses every word shall stand."

Objection 9: Further, punishment should be fixed according to the gravity of the fault: for which reason also it is written (Dt. 25:2): "According to the measure of the sin, shall the measure also of the stripes be." Yet the Law fixed unequal punishments for certain faults: for it is written (Ex. 22:1) that the thief "shall restore five oxen for one ox, and four sheep for one sheep." Moreover, certain slight offenses are severely punished: thus (Num. 15:32, seqq.) a man is stoned for gathering sticks on the sabbath day: and (Dt. 21:18, seqq.) the unruly son is commanded to be stoned on account of certain small transgressions, viz. because "he gave himself to revelling . . . and banquetings." Therefore the Law prescribed punishments in an unreasonable manner.

Objection 1 Further, as Augustine says (De Civ. Dei xxi, 11), "Tullius writes that the laws recognize eight forms of punishment, indemnity, prison, stripes, retaliation, public disgrace, exile, death, slavery." Now some of these were prescribed by the Law. "Indemnity," as when a thief was condemned to make restitution fivefold or fourfold. "Prison," as when (Num. 15:34) a certain man is ordered to be imprisoned. "Stripes"; thus (Dt. 25:2), "if they see that the offender be worthy of stripes; they shall lay him down, and shall cause him to be beaten before them." "Public disgrace" was brought on to him who refused to take to himself the wife of his deceased brother, for she took "off his shoe from his foot, and" did "spit in his face" (Dt. 25:9). It prescribed the "death" penalty, as is clear from (Lev. 20:9): "He that curses his father, or mother, dying let him die." The Law also recognized the "lex talionis," by prescribing (Ex. 21:24): "Eye for eye, tooth for tooth." Therefore it seems unreasonable that the Law should not have inflicted the two other punishments, viz. "exile" and "slavery."

Objection 1 Further, no punishment is due except for a fault. But dumb animals cannot commit a fault. Therefore the Law is unreasonable in punishing them (Ex. 21:29): "If the ox . . . shall kill a man or a woman," it "shall be stoned": and (Lev. 20:16): "The woman that shall lie under any beast, shall be killed together with the same." Therefore it seems that matters pertaining to the relations of one man with another were unsuitably regulated by the Law.

Objection 1 Further, the Lord commanded (Ex. 21:12) a murderer to be punished with death. But the death of a dumb animal is reckoned of much less account than the slaying of a man. Hence murder cannot be sufficiently punished by the slaying of a dumb animal. Therefore it is unfittingly prescribed (Dt. 21:1,4) that "when there shall be found . . . the corpse of a man slain, and it is not known who is guilty of the murder . . . the ancients" of the nearest city "shall take a heifer of the herd, that has not drawn in the yoke, nor ploughed the ground, and they shall bring her into a rough and stony valley, that never was ploughed, nor sown; and there they shall strike off the head of the heifer."

On the contrary, It is recalled as a special blessing (Ps. 147:20) that "He has not done in like manner to every nation; and His judgments He has not made clear to them."

I answer that, As Augustine says (De Civ. Dei ii, 21), quoting Tullius, "a nation is a body of men united together by consent to the law and by community of welfare." Consequently it is of the essence of a nation that the mutual relations of the citizens be ordered by just laws. Now the relations of one man with another are twofold: some are effected under the guidance of those in authority: others are effected by the will of private individuals. And since whatever is subject to the power of an individual can be disposed of according to his will, hence it is that the decision of matters between one man and another, and the punishment of evildoers, depend on the direction of those in authority, to whom men are subject. On the other hand, the power of private persons is exercised over the things they possess: and consequently their dealings with one another, as regards such things, depend on their own will, for instance in buying, selling, giving, and so forth. Now the Law provided sufficiently in respect of each of these relations between one man and another. For it established judges, as is clearly indicated in Dt. 16:18: "You will appoint judges and magistrates in all its Vulg.: 'your' gates . . . that they may judge the people with just judgment." It is also directed the manner of pronouncing just judgments, according to Dt. 1:16,17: "Judge that which is just, whether he be one of your own country or a stranger: there shall be no difference of persons." It also removed an occasion of pronouncing unjust judgment, by forbidding judges to accept bribes (Ex. 23:8; Dt. 16:19). It prescribed the number of witnesses, viz. two or three: and it appointed certain punishments to certain crimes, as we shall state farther on (ad 10).

But with regard to possessions, it is a very good thing, says the Philosopher (Polit. ii, 2) that the things possessed should be distinct, and the use thereof should be partly common, and partly granted to others by the will of the possessors. These three points were provided for by the Law. Because, in the first place, the possessions themselves were divided among individuals: for it is written (Num. 33:53,54): "I have given you" the land "for a possession: and you shall divide it among you by lot." And since many states have been ruined through want of regulations in the matter of possessions, as the Philosopher observes (Polit. ii, 6); therefore the Law provided a threefold remedy against the regularity of possessions. The first was that they should be divided equally, wherefore it is written (Num. 33:54): "To the more you shall give a larger part, and to the fewer, a lesser." A second remedy was that possessions could not be alienated for ever, but after a certain lapse of time should return to their former owner, so as to avoid confusion of possessions (cf. ad 3). The third remedy aimed at the removal of this confusion, and provided that the dead should be succeeded by their next of kin: in the first place, the son; secondly, the daughter; thirdly, the brother; fourthly, the father's brother; fifthly, any other next of kin. Furthermore, in order to preserve the distinction of property, the Law enacted that heiresses should marry within their own tribe, as recorded in Num. 36:6

Secondly, the Law commanded that, in some respects, the use of things should belong to all in common. Firstly, as regards the care of them; for it was prescribed (Dt. 22:1-4): "You will not pass by, if you see your brother's ox or his sheep go astray; but you will bring them back to your brother," and in like manner as to other things. Secondly, as regards fruits. For all alike were allowed on entering a friend's vineyard to eat of the fruit, but not to take any away. And, specially, with respect to the poor, it was prescribed that the forgotten sheaves, and the bunches of grapes and fruit, should be left behind for them (Lev. 19:9; Dt. 24:19). Moreover, whatever grew in the seventh year was common property, as stated in Ex. 23:11 and Lev. 25:4

Thirdly, the law recognized the transference of goods by the owner. There was a purely gratuitous transfer: thus it is written (Dt. 14:28,29): "The third day you will separate another tithe . . . and the Levite . . . and the stranger, and the fatherless, and the widow . . . shall come and shall eat and be filled." And there was a transfer for a consideration, for instance, by selling and buying, by letting out and hiring, by loan and also by deposit, concerning all of which we find that the Law made ample provision. Consequently it is clear that the Old Law provided sufficiently concerning the mutual relations of one man with another.

Reply to Objection 1: As the Apostle says (Rm. 13:8), "he that loves his neighbor has fulfilled the Law": because, to wit, all the precepts of the Law, chiefly those concerning our neighbor, seem to aim at the end that men should love one another. Now it is an effect of love that men give their own goods to others: because, as stated in 1 Jn. 3:17: "He that . . . shall see his brother in need, and shall shut up his bowels from him: how does the charity of God abide in him?" Hence the purpose of the Law was to accustom men to give of their own to others readily: thus the Apostle (1 Tim. 6:18) commands the rich "to give easily and to communicate to others." Now a man does not give easily to others if he will not suffer another man to take some little thing from him without any great injury to him. And so the Law laid down that it should be lawful for a man, on entering his neighbor's vineyard, to eat of the fruit there: but not to carry any away, in case this should lead to the infliction of a grievous harm, and cause a disturbance of the peace: for among well-behaved people, the taking of a little does not disturb the peace; in fact, it rather strengthens friendship and accustoms men to give things to one another.

Reply to Objection 2: The Law did not prescribe that women should succeed to their father's estate except in default of male issue: failing which it was necessary that succession should be granted to the female line in order to comfort the father, who would have been sad to think that his estate would pass to strangers. Nevertheless the Law observed due caution in the matter, by providing that those women who succeeded to their father's estate, should marry within their own tribe, in order to avoid confusion of tribal possessions, as stated in Num. 36:7,8

Reply to Objection 3: As the Philosopher says (Polit. ii, 4), the regulation of possessions conduces much to the preservation of a state or nation. Consequently, as he himself observes, it was forbidden by the law in some of the heathen states, "that anyone should sell his possessions, except to avoid a manifest loss." For if possessions were to be sold indiscriminately, they might happen to come into the hands of a few: so that it might become necessary for a state or country to become void of inhabitants. Hence the Old Law, in order to remove this danger, ordered things in such a way that while provision was made for men's needs, by allowing the sale of possessions to avail for a certain period, at the same time the said danger was removed, by prescribing the return of those possessions after that period had elapsed. The reason for this law was to prevent confusion of possessions, and to ensure the continuance of a definite distinction among the tribes.

But as the town houses were not allotted to distinct estates, therefore the Law allowed them to be sold in perpetuity, like movable goods. Because the number of houses in a town was not fixed, whereas there was a fixed limit to the amount of estates, which could not be exceeded, while the number of houses in a town could be increased. On the other hand, houses situated not in a town, but "in a village that has no walls," could not be sold in perpetuity: because such houses are built merely with a view to the cultivation and care of possessions; wherefore the Law rightly made the same prescription in regard to both (Lev. 25).

Reply to Objection 4: As stated above (ad 1), the purpose of the Law was to accustom men to its precepts, so as to be ready to come to one another's assistance: because this is a very great incentive to friendship. The Law granted these facilities for helping others in the matter not only of gratuitous and absolute donations, but also of mutual transfers: because the latter kind of succor is more frequent and benefits the greater number: and it granted facilities for this purpose in many ways. First of all by prescribing that men should be ready to lend, and that they should not be less inclined to do so as the year of remission drew nigh, as stated in Dt. 15:7, seqq. Secondly, by forbidding them to burden a man to whom they might grant a loan, either by exacting usury, or by accepting necessities of life in security; and by prescribing that when this had been done they should be restored at once. For it is written (Dt. 23:19): "You will not lend to your brother money to usury": and (Dt. 24:6): "You will not take the nether nor the upper millstone to pledge; for he has pledged his life to you": and (Ex. 22:26): "If you take of your neighbor a garment in pledge, you will give it him again before sunset." Thirdly, by forbidding them to be importunate in exacting payment. Hence it is written (Ex. 22:25): "If you lend money to any of my people that is poor that dwells with you, you will not be hard upon them as an extortioner." For this reason, too, it is enacted (Dt. 24:10,11): "When you will demand of your neighbor anything that he owes you, you will not go into his house to take away a pledge, but you will stand without, and he shall bring out to you what he has": both because a man's house is his surest refuge, wherefore it is offensive to a man to be set upon in his own house; and because the Law does not allow the creditor to take away whatever he likes in security, but rather permits the debtor to give what he needs least. Fourthly, the Law prescribed that debts should cease together after the lapse of seven years. For it was probable that those who could conveniently pay their debts, would do so before the seventh year, and would not defraud the lender without cause. But if they were altogether insolvent, there was the same reason for remitting the debt from love for them, as there was for renewing the loan on account of their need.

As regards animals granted in loan, the Law enacted that if, through the neglect of the person to whom they were lent, they perished or deteriorated in his absence, he was bound to make restitution. But if they perished or deteriorated while he was present and taking proper care of them, he was not bound to make restitution, especially if they were hired for a consideration: because they might have died or deteriorated in the same way if they had remained in possession of the lender, so that if the animal had been saved through being lent, the lender would have gained something by the loan which would no longer have been gratuitous. And especially was this to be observed when animals were hired for a consideration: because then the owner received a certain price for the use of the animals; wherefore he had no right to any profit, by receiving indemnity for the animal, unless the person who had charge of it were negligent. In the case, however, of animals not hired for a consideration, equity demanded that he should receive something by way of restitution at least to the value of the hire of the animal that had perished or deteriorated.

Reply to Objection 5: The difference between a loan and a deposit is that a loan is in respect of goods transferred for the use of the person to whom they are transferred, whereas a deposit is for the benefit of the depositor. Hence in certain cases there was a stricter obligation of returning a loan than of restoring goods held in deposit. Because the latter might be lost in two ways. First, unavoidably: i.e. either through a natural cause, for instance if an animal held in deposit were to die or depreciate in value; or through an extrinsic cause, for instance, if it were taken by an enemy, or devoured by a beast (in which case, however, a man was bound to restore to the owner what was left of the animal thus slain): whereas in the other cases mentioned above, he was not bound to make restitution; but only to take an oath in order to clear himself of suspicion. Secondly, the goods deposited might be lost through an avoidable cause, for instance by theft: and then the depositary was bound to restitution on account of his neglect. But, as stated above (ad 4), he who held an animal on loan, was bound to restitution, even if he were absent when it depreciated or died: because he was held responsible for less negligence than a depositary, who was only held responsible in case of theft.

Reply to Objection 6: Workmen who offer their labor for hire, are poor men who toil for their daily bread: and therefore the Law commanded wisely that they should be paid at once, in case they should lack food. But they who offer other commodities for hire, are wont to be rich: nor are they in such need of their price in order to gain a livelihood: and consequently the comparison does not hold.

Reply to Objection 7: The purpose for which judges are appointed among men, is that they may decide doubtful points in matters of justice. Now a matter may be doubtful in two ways. First, among simple-minded people: and in order to remove doubts of this kind, it was prescribed (Dt. 16:18) that "judges and magistrates" should be appointed in each tribe, "to judge the people with just judgment." Secondly, a matter may be doubtful even among experts: and therefore, in order to remove doubts of this kind, the Law prescribed that all should foregather in some chief place chosen by God, where there would be both the high-priest, who would decide doubtful matters relating to the ceremonies of divine worship; and the chief judge of the people, who would decide matters relating to the judgments of men: just as even now cases are taken from a lower to a higher court either by appeal or by consultation. Hence it is written (Dt. 17:8,9): "If you perceive that there be among you a hard and doubtful matter in judgment . . . and you see that the words of the judges within your gates do vary; arise and go up to the place, which the Lord your God shall choose; and you will come to the priests of the Levitical race, and to the judge that shall be at that time." But such like doubtful matters did not often occur for judgment: wherefore the people were not burdened on this account.

Reply to Objection 8: In the business affairs of men, there is no such thing as demonstrative and infallible proof, and we must be content with a certain conjectural probability, such as that which an orator employs to persuade. Consequently, although it is quite possible for two or three witnesses to agree to a falsehood, yet it is neither easy nor probable that they succeed in so doing: wherefore their testimony is taken as being true, especially if they do not waver in giving it, or are not otherwise suspect. Moreover, in order that witnesses might not easily depart from the truth, the Law commanded that they should be most carefully examined, and that those who were found untruthful should be severely punished, as stated in Dt. 19:16, seqq.

There was, however, a reason for fixing on this particular number, in token of the unerring truth of the Divine Persons, Who are sometimes mentioned as two, because the Holy Spirit is the bond of the other two Persons; and sometimes as three: as Augustine observes on Jn. 8:17: "In your law it is written that the testimony of two men is true."

Reply to Objection 9: A severe punishment is inflicted not only on account of the gravity of a fault, but also for other reasons. First, on account of the greatness of the sin, because a greater sin, other things being equal, deserves a greater punishment. Secondly, on account of a habitual sin, since men are not easily cured of habitual sin except by severe punishments. Thirdly, on account of a great desire for or a great pleasure in the sin: for men are not easily deterred from such sins unless they be severely punished. Fourthly, on account of the facility of committing a sin and of concealing it: for such like sins, when discovered, should be more severely punished in order to deter others from committing them.

Again, with regard to the greatness of a sin, four degrees may be observed, even in respect of one single deed. The first is when a sin is committed unwillingly; because then, if the sin be altogether involuntary, man is altogether excused from punishment; for it is written (Dt. 22:25, seqq.) that a damsel who suffers violence in a field is not guilty of death, because "she cried, and there was no man to help her." But if a man sinned in any way voluntarily, and yet through weakness, as for instance when a man sins from passion, the sin is diminished: and the punishment, according to true judgment, should be diminished also; unless perchance the common weal requires that the sin be severely punished in order to deter others from committing such sins, as stated above. The second degree is when a man sins through ignorance: and then he was held to be guilty to a certain extent, on account of his negligence in acquiring knowledge: yet he was not punished by the judges but expiated his sin by sacrifices. Hence it is written (Lev. 4:2): "The soul that sins through ignorance," etc. This is, however, to be taken as applying to ignorance of fact; and not to ignorance of the Divine precept, which all were bound to know. The third degree was when a man sinned from pride, i.e. through deliberate choice or malice: and then he was punished according to the greatness of the sin (*Cf. Dt. 25:2. The fourth degree was when a man sinned from stubbornness or obstinacy: and then he was to be utterly cut off as a rebel and a destroyer of the commandment of the Law (*Cf. Num. 15:30,31

Accordingly we must say that, in appointing the punishment for theft, the Law considered what would be likely to happen most frequently (Ex. 22:1-9): wherefore, as regards theft of other things which can easily be safeguarded from a thief, the thief restored only twice their value. But sheep cannot be easily safeguarded from a thief, because they graze in the fields: wherefore it happened more frequently that sheep were stolen in the fields. Consequently the Law inflicted a heavier penalty, by ordering four sheep to be restored for the theft of one. As to cattle, they were yet more difficult to safeguard, because they are kept in the fields, and do not graze in flocks as sheep do; wherefore a yet more heavy penalty was inflicted in their regard, so that five oxen were to be restored for one ox. And this I say, unless perchance the animal itself were discovered in the thief's possession: because in that case he had to restore only twice the number, as in the case of other thefts: for there was reason to presume that he intended to restore the animal, since he kept it alive. Again, we might say, according to a gloss, that "a cow is useful in five ways: it may be used for sacrifice, for ploughing, for food, for milk, and its hide is employed for various purposes": and therefore for one cow five had to be restored. But the sheep was useful in four ways: "for sacrifice, for meat, for milk, and for its wool." The unruly son was slain, not because he ate and drank: but on account of his stubbornness and rebellion, which was always punished by death, as stated above. As to the man who gathered sticks on the sabbath, he was stoned as a breaker of the Law, which commanded the sabbath to be observed, to testify the belief in the newness of the world, as stated above (Question 100, Article 5): wherefore he was slain as an unbeliever.

Reply to Objection 1 The Old Law inflicted the death penalty for the more grievous crimes, viz. for those which are committed against God, and for murder, for stealing a man, irreverence towards one's parents, adultery and incest. In the case of thief of other things it inflicted punishment by indemnification: while in the case of blows and mutilation it authorized punishment by retaliation; and likewise for the sin of bearing false witness. In other faults of less degree it prescribed the punishment of stripes or of public disgrace.

The punishment of slavery was prescribed by the Law in two cases. First, in the case of a slave who was unwilling to avail himself of the privilege granted by the Law, whereby he was free to depart in the seventh year of remission: wherefore he was punished by remaining a slave for ever. Secondly, in the case of a thief, who had not wherewith to make restitution, as stated in Ex. 22:3

The punishment of absolute exile was not prescribed by the Law: because God was worshipped by that people alone, whereas all other nations were given to idolatry: wherefore if any man were exiled from that people absolutely, he would be in danger of falling into idolatry. For this reason it is related (1 Kgs. 26:19) that David said to Saul: "They are cursed in the sight of the Lord, who have case me out this day, that I should not dwell in the inheritance of the Lord, saying: Go, serve strange gods." There was, however, a restricted sort of exile: for it is written in Dt. 19:4 (*Cf. Num. 35:25 that "he that strikes Vulg.: 'killeth' his neighbor ignorantly, and is proved to have had no hatred against him, shall flee to one of the cities" of refuge and "abide there until the death of the high-priest." For then it became lawful for him to return home, because when the whole people thus suffered a loss they forgot their private quarrels, so that the next of kin of the slain were not so eager to kill the slayer.

Reply to Objection 1 Dumb animals were ordered to be slain, not on account of any fault of theirs; but as a punishment to their owners, who had not safeguarded their beasts from these offenses. Hence the owner was more severely punished if his ox had butted anyone "yesterday or the day before" (in which case steps might have been taken to butting suddenly). Or again, the animal was slain in detestation of the sin; and in case men should be horrified at the sight thereof.

Reply to Objection 1 The literal reason for this commandment, as Rabbi Moses declares (Doct. Perplex. iii), was because the slayer was frequently from the nearest city: wherefore the slaying of the calf was a means of investigating the hidden murder. This was brought about in three ways. In the first place the elders of the city swore that they had taken every measure for safeguarding the roads. Secondly, the owner of the heifer was indemnified for the slaying of his beast, and if the murder was previously discovered, the beast was not slain. Thirdly, the place, where the heifer was slain, remained uncultivated. Wherefore, in order to avoid this twofold loss, the men of the city would readily make known the murderer, if they knew who he was: and it would seldom happen but that some word or sign would escape about the matter. Or again, this was done in order to frighten people, in detestation of murder. Because the slaying of a heifer, which is a useful animal and full of strength, especially before it has been put under the yoke, signified that whoever committed murder, however useful and strong he might be, was to forfeit his life; and that, by a cruel death, which was implied by the striking off of its head; and that the murderer, as vile and abject, was to be cut off from the fellowship of men, which was betokened by the fact that the heifer after being slain was left to rot in a rough and uncultivated place.

Mystically, the heifer taken from the herd signifies the flesh of Christ; which had not drawn a yoke, since it had done no sin; nor did it plough the ground, i.e. it never knew the stain of revolt. The fact of the heifer being killed in an uncultivated valley signified the despised death of Christ, whereby all sins are washed away, and the devil is shown to be the arch-murderer.

Art. 3.
.... Whether the judicial precepts regarding foreigners were framed in a suitable manner?

Objection 1: It would seem that the judicial precepts regarding foreigners were not suitably framed. For Peter said (Acts 10:34,35): "In very deed I perceive that God is not a respecter of persons, but in every nation, he that fears Him and works justice is acceptable to Him." But those who are acceptable to God should not be excluded from the Church of God. Therefore it is unsuitably commanded (Dt. 23:3) that "the Ammonite and the Moabite, even after the tenth generation, shall not enter into the church of the Lord for ever": whereas, on the other hand, it is prescribed (Dt. 23:7) to be observed with regard to certain other nations: "You will not abhor the Edomite, because he is your brother; nor the Egyptian because you were a stranger in his land."

Objection 2: Further, we do not deserve to be punished for those things which are not in our power. But it is not in man's power to be an eunuch, or born of a prostitute. Therefore it is unsuitably commanded (Dt. 23:1,2) that "an eunuch and one born of a prostitute shalt not enter into the church of the Lord."

Objection 3: Further, the Old Law mercifully forbade strangers to be molested: for it is written (Ex. 22:21): "You will not molest a stranger, nor afflict him; for yourselves also were strangers in the land of Egypt": and (Ex. 23:9): "You will not molest a stranger, for you know the hearts of strangers, for you also were strangers in the land of Egypt." But it is an affliction to be burdened with usury. Therefore the Law unsuitably permitted them (Dt. 23:19,20) to lend money to the stranger for usury.

Objection 4: Further, men are much more akin to us than trees. But we should show greater care and love for these things that are nearest to us, according to Ecclus. 13:19: "Every beast loves its like: so also every man him that is nearest to himself." Therefore the Lord unsuitably commanded (Dt. 20:13-19) that all the inhabitants of a captured hostile city were to be slain, but that the fruit-trees should not be cut down.

Objection 5: Further, every one should prefer the common good of virtue to the good of the individual. But the common good is sought in a war which men fight against their enemies. Therefore it is unsuitably commanded (Dt. 20:5-7) that certain men should be sent home, for instance a man that had built a new house, or who had planted a vineyard, or who had married a wife.

Objection 6: Further, no man should profit by his own fault. But it is a man's fault if he be timid or faint-hearted: since this is contrary to the virtue of fortitude. Therefore the timid and faint-hearted are unfittingly excused from the toil of battle (Dt. 20:8).

On the contrary, Divine Wisdom declares (Prov. 8:8): "All my words are just, there is nothing wicked nor perverse in them."

I answer that, Man's relations with foreigners are twofold: peaceful, and hostile: and in directing both kinds of relation the Law contained suitable precepts. For the Jews were offered three opportunities of peaceful relations with foreigners. First, when foreigners passed through their land as travelers. Secondly, when they came to dwell in their land as newcomers. And in both these respects the Law made kind provision in its precepts: for it is written (Ex. 22:21): "You will not molest a stranger advenam"; and again (Ex. 22:9): "You will not molest a stranger peregrino." Thirdly, when any foreigners wished to be admitted entirely to their fellowship and mode of worship. With regard to these a certain order was observed. For they were not at once admitted to citizenship: just as it was law with some nations that no one was deemed a citizen except after two or three generations, as the Philosopher says (Polit. iii, 1). The reason for this was that if foreigners were allowed to meddle with the affairs of a nation as soon as they settled down in its midst, many dangers might occur, since the foreigners not yet having the common good firmly at heart might attempt something hurtful to the people. Hence it was that the Law prescribed in respect of certain nations that had close relations with the Jews (viz., the Egyptians among whom they were born and educated, and the Idumeans, the children of Esau, Jacob's brother), that they should be admitted to the fellowship of the people after the third generation; whereas others (with whom their relations had been hostile, such as the Ammonites and Moabites) were never to be admitted to citizenship; while the Amalekites, who were yet more hostile to them, and had no fellowship of kindred with them, were to be held as foes in perpetuity: for it is written (Ex. 17:16): "The war of the Lord shall be against Amalec from generation to generation."

In like manner with regard to hostile relations with foreigners, the Law contained suitable precepts. For, in the first place, it commanded that war should be declared for a just cause: thus it is commanded (Dt. 20:10) that when they advanced to besiege a city, they should at first make an offer of peace. Secondly, it enjoined that when once they had entered on a war they should undauntedly persevere in it, putting their trust in God. And in order that they might be the more heedful of this command, it ordered that on the approach of battle the priest should hearten them by promising them God's aid. Thirdly, it prescribed the removal of whatever might prove an obstacle to the fight, and that certain men, who might be in the way, should be sent home. Fourthly, it enjoined that they should use moderation in pursuing the advantage of victory, by sparing women and children, and by not cutting down fruit-trees of that country.

Reply to Objection 1: The Law excluded the men of no nation from the worship of God and from things pertaining to the welfare of the soul: for it is written (Ex. 12:48): "If any stranger be willing to dwell among you, and to keep the Phase of the Lord; all his males shall first be circumcised, and then shall he celebrate it according to the manner, and he shall be as that which is born in the land." But in temporal matters concerning the public life of the people, admission was not granted to everyone at once, for the reason given above: but to some, i.e. the Egyptians and Idumeans, in the third generation; while others were excluded in perpetuity, in detestation of their past offense, i.e. the peoples of Moab, Ammon, and Amalec. For just as one man is punished for a sin committed by him, in order that others seeing this may be deterred and refrain from sinning; so too may one nation or city be punished for a crime, that others may refrain from similar crimes.

Nevertheless it was possible by dispensation for a man to be admitted to citizenship on account of some act of virtue: thus it is related (Judith 14:6) that Achior, the captain of the children of Ammon, "was joined to the people of Israel, with all the succession of his kindred." The same applies to Ruth the Moabite who was "a virtuous woman" (Ruth 3:11): although it may be said that this prohibition regarded men and not women, who are not competent to be citizens absolutely speaking.

Reply to Objection 2: As the Philosopher says (Polit. iii, 3), a man is said to be a citizen in two ways: first, simply; secondly, in a restricted sense. A man is a citizen simply if he has all the rights of citizenship, for instance, the right of debating or voting in the popular assembly. On the other hand, any man may be called citizen, only in a restricted sense, if he dwells within the state, even common people or children or old men, who are not fit to enjoy power in matters pertaining to the common weal. For this reason bastards, by reason of their base origin, were excluded from the "ecclesia," i.e. from the popular assembly, down to the tenth generation. The same applies to eunuchs, who were not competent to receive the honor due to a father, especially among the Jews, where the divine worship was continued through carnal generation: for even among the heathens, those who had many children were marked with special honor, as the Philosopher remarks (Polit. ii, 6). Nevertheless, in matters pertaining to the grace of God, eunuchs were not discriminated from others, as neither were strangers, as already stated: for it is written (Iss 56:3): "Let not the son of the stranger that adheres to the Lord speak, saying: The Lord will divide and separate me from His people. And let not the eunuch say: Behold I am a dry tree."

Reply to Objection 3: It was not the intention of the Law to sanction the acceptance of usury from strangers, but only to tolerate it on account of the proneness of the Jews to avarice; and in order to promote an amicable feeling towards those out of whom they made a profit.

Reply to Objection 4: A distinction was observed with regard to hostile cities. For some of them were far distant, and were not among those which had been promised to them. When they had taken these cities, they killed all the men who had fought against God's people; whereas the women and children were spared. But in the neighboring cities which had been promised to them, all were ordered to be slain, on account of their former crimes, to punish which God sent the Israelites as executor of Divine justice: for it is written (Dt. 9:5) "because they have done wickedly, they are destroyed at your coming in." The fruit-trees were commanded to be left untouched, for the use of the people themselves, to whom the city with its territory was destined to be subjected.

Reply to Objection 5: The builder of a new house, the planter of a vineyard, the newly married husband, were excluded from fighting, for two reasons. First, because man is wont to give all his affection to those things which he has lately acquired, or is on the point of having, and consequently he is apt to dread the loss of these above other things. Wherefore it was likely enough that on account of this affection they would fear death all the more, and be so much the less brave in battle. Secondly, because, as the Philosopher says (Phys. ii, 5), "it is a misfortune for a man if he is prevented from obtaining something good when it is within his grasp." And so in case the surviving relations should be the more grieved at the death of these men who had not entered into the possession of the good things prepared for them; and also in case the people should be horror-stricken at the sight of their misfortune: these men were taken away from the danger of death by being removed from the battle.

Reply to Objection 6: The timid were sent back home, not that they might be the gainers thereby; but in case the people might be the losers by their presence, since their timidity and flight might cause others to be afraid and run away.

Art. 4.
.... Whether the Old Law set forth suitable precepts about the members of the household?

Objection 1: It would seem that the Old Law set forth unsuitable precepts about the members of the household. For a slave "is in every respect his master's property," as the Philosopher states (Polit. i, 2). But that which is a man's property should be his always. Therefore it was unfitting for the Law to command (Ex. 21:2) that slaves should "go out free" in the seventh year.

Objection 2: Further, a slave is his master's property, just as an animal, e.g. an ass or an ox. But it is commanded (Dt. 22:1-3) with regard to animals, that they should be brought back to the owner if they be found going astray. Therefore it was unsuitably commanded (Dt. 23:15): "You will not deliver to his master the servant that is fled to you."

Objection 3: Further, the Divine Law should encourage mercy more even than the human law. But according to human laws those who ill-treat their servants and maidservants are severely punished: and the worse treatment of all seems to be that which results in death. Therefore it is unfittingly commanded (Ex. 21:20,21) that "he that strikes his bondsman or bondswoman with a rod, and they die under his hands . . . if the party remain alive a day . . . he shall not be subject to the punishment, because it is his money."

Objection 4: Further, the dominion of a master over his slave differs from that of the father over his son (Polit. i, 3). But the dominion of master over slave gives the former the right to sell his servant or maidservant. Therefore it was unfitting for the Law to allow a man to sell his daughter to be a servant or handmaid (Ex. 21:7).

Objection 5: Further, a father has power over his son. But he who has power over the sinner has the right to punish him for his offenses. Therefore it is unfittingly commanded (Dt. 21:18, seqq.) that a father should bring his son to the ancients of the city for punishment.

Objection 6: Further, the Lord forbade them (Dt. 7:3, seqq.) to make marriages with strange nations; and commanded the dissolution of such as had been contracted (1 Esdras 10). Therefore it was unfitting to allow them to marry captive women from strange nations (Dt. 21:10, seqq.).

Objection 7: Further, the Lord forbade them to marry within certain degrees of consanguinity and affinity, according to Lev. 18. Therefore it was unsuitably commanded (Dt. 25:5) that if any man died without issue, his brother should marry his wife.

Objection 8: Further, as there is the greatest familiarity between man and wife, so should there be the staunchest fidelity. But this is impossible if the marriage bond can be sundered. Therefore it was unfitting for the Lord to allow (Dt. 24:1-4) a man to put his wife away, by writing a bill of divorce; and besides, that he could not take her again to wife.

Objection 9: Further, just as a wife can be faithless to her husband, so can a slave be to his master, and a son to his father. But the Law did not command any sacrifice to be offered in order to investigate the injury done by a servant to his master, or by a son to his father. Therefore it seems to have been superfluous for the Law to prescribe the "sacrifice of jealousy" in order to investigate a wife's adultery (Num. 5:12, seqq.). Consequently it seems that the Law put forth unsuitable judicial precepts about the members of the household.

On the contrary, It is written (Ps. 18:10): "The judgments of the Lord are true, justified in themselves."

I answer that, The mutual relations of the members of a household regard everyday actions directed to the necessities of life, as the Philosopher states (Polit. i, 1). Now the preservation of man's life may be considered from two points of view. First, from the point of view of the individual, i.e. in so far as man preserves his individuality: and for the purpose of the preservation of life, considered from this standpoint, man has at his service external goods, by means of which he provides himself with food and clothing and other such necessaries of life: in the handling of which he has need of servants. Secondly man's life is preserved from the point of view of the species, by means of generation, for which purpose man needs a wife, that she may bear him children. Accordingly the mutual relations of the members of a household admit of a threefold combination: viz. those of master and servant, those of husband and wife, and those of father and son: and in respect of all these relationships the Old Law contained fitting precepts. Thus, with regard to servants, it commanded them to be treated with moderationboth as to their work, lest, to wit, they should be burdened with excessive labor, wherefore the Lord commanded (Dt. 5:14) that on the Sabbath day "your manservant and your maidservant" should "rest even as yourself"and also as to the infliction of punishment, for it ordered those who maimed their servants, to set them free (Ex. 21:26,27). Similar provision was made in favor of a maidservant when married to anyone (Ex. 21:7, seqq.). Moreover, with regard to those servants in particular who were taken from among the people, the Law prescribed that they should go out free in the seventh year taking whatever they brought with them, even their clothes (Ex. 21:2, seqq.): and furthermore it was commanded (Dt. 15:13) that they should be given provision for the journey.

With regard to wives the Law made certain prescriptions as to those who were to be taken in marriage: for instance, that they should marry a wife from their own tribe (Num. 36:6): and this in case confusion should ensue in the property of various tribes. Also that a man should marry the wife of his deceased brother when the latter died without issue, as prescribed in Dt. 25:5,6: and this in order that he who could not have successors according to carnal origin, might at least have them by a kind of adoption, and that thus the deceased might not be entirely forgotten. It also forbade them to marry certain women; to wit, women of strange nations, through fear of their losing their faith; and those of their near kindred, on account of the natural respect due to them. Furthermore it prescribed in what way wives were to be treated after marriage. To wit, that they should not be slandered without grave reason: wherefore it ordered punishment to be inflicted on the man who falsely accused his wife of a crime (Dt. 22:13, seqq.). Also that a man's hatred of his wife should not be detrimental to his son (Dt. 21:15, seqq.). Again, that a man should not ill-use his wife through hatred of her, but rather that he should write a bill of divorce and send her away (Dt. 24:1). Furthermore, in order to foster conjugal love from the very outset, it was prescribed that no public duties should be laid on a recently married man, so that he might be free to rejoice with his wife.

With regard to children, the Law commanded parents to educate them by instructing them in the faith: hence it is written (Ex. 12:26, seqq.): "When your children shall say to you: What is the meaning of this service? You shall say to them: It is the victim of the passage of the Lord." Moreover, they are commanded to teach them the rules of right conduct: wherefore it is written (Dt. 21:20) that the parents had to say: "He slights hearing our admonitions, he gives himself to revelling and to debauchery."

Reply to Objection 1: As the children of Israel had been delivered by the Lord from slavery, and for this reason were bound to the service of God, He did not wish them to be slaves in perpetuity. Hence it is written (Lev. 25:39, seqq.): "If your brother, constrained by poverty, sell himself to you, you will not oppress him with the service of bondservants: but he shall be as a hireling and a sojourner . . . for they are My servants, and I brought them out of the land of Egypt: let them not be sold as bondsmen": and consequently, since they were slaves, not absolutely but in a restricted sense, after a lapse of time they were set free.

Reply to Objection 2: This commandment is to be understood as referring to a servant whom his master seeks to kill, or to help him in committing some sin.

Reply to Objection 3: With regard to the ill-treatment of servants, the Law seems to have taken into consideration whether it was certain or not: since if it were certain, the Law fixed a penalty: for maiming, the penalty was forfeiture of the servant, who was ordered to be given his liberty: while for slaying, the punishment was that of a murderer, when the slave died under the blow of his master. If, however, the hurt was not certain, but only probable, the Law did not impose any penalty as regards a man's own servant: for instance if the servant did not die at once after being struck, but after some days: for it would be uncertain whether he died as a result of the blows he received. For when a man struck a free man, yet so that he did not die at once, but "walked abroad again upon his staff," he that struck him was quit of murder, even though afterwards he died. Nevertheless he was bound to pay the doctor's fees incurred by the victim of his assault. But this was not the case if a man killed his own servant: because whatever the servant had, even his very person, was the property of his master. Hence the reason for his not being subject to a pecuniary penalty is set down as being "because it is his money."

Reply to Objection 4: As stated above (ad 1), no Jew could own a Jew as a slave absolutely: but only in a restricted sense, as a hireling for a fixed time. And in this way the Law permitted that through stress of poverty a man might sell his son or daughter. This is shown by the very words of the Law, where we read: "If any man sell his daughter to be a servant, she shall not go out as bondswomen are wont to go out." Moreover, in this way a man might sell not only his son, but even himself, rather as a hireling than as a slave, according to Lev. 25:39,40: "If your brother, constrained by poverty, sell himself to you, you will not oppress him with the service of bondservants: but he shall be as a hireling and a sojourner."

Reply to Objection 5: As the Philosopher says (Ethic. x, 9), the paternal authority has the power only of admonition; but not that of coercion, whereby rebellious and headstrong persons can be compelled. Hence in this case the Lord commanded the stubborn son to be punished by the rulers of the city.

Reply to Objection 6: The Lord forbade them to marry strange women on account of the danger of seduction, in case they should be led astray into idolatry. And specially did this prohibition apply with respect to those nations who dwelt near them, because it was more probable that they would adopt their religious practices. When, however, the woman was willing to renounce idolatry, and become an adherent of the Law, it was lawful to take her in marriage: as was the case with Ruth whom Booz married. Wherefore she said to her mother-in-law (Ruth 1:16): "Your people shall be my people, and your God my God." Accordingly it was not permitted to marry a captive woman unless she first shaved her hair, and pared her nails, and put off the raiment wherein she was taken, and mourned for her father and mother, in token that she renounced idolatry for ever.

Reply to Objection 7: As Chrysostom says (Hom. xlviii super Matth.), "because death was an unmitigated evil for the Jews, who did everything with a view to the present life, it was ordained that children should be born to the dead man through his brother: thus affording a certain mitigation to his death. It was not, however, ordained that any other than his brother or one next of kin should marry the wife of the deceased, because" the offspring of this union "would not be looked upon as that of the deceased: and moreover, a stranger would not be under the obligation to support the household of the deceased, as his brother would be bound to do from motives of justice on account of his relationship." Hence it is evident that in marrying the wife of his dead brother, he took his dead brother's place.

Reply to Objection 8: The Law permitted a wife to be divorced, not as though it were just absolutely speaking, but on account of the Jews' hardness of heart, as Our Lord declared (Mt. 19:8). Of this, however, we must speak more fully in the treatise on Matrimony (SP, Question 67).

Reply to Objection 9: Wives break their conjugal faith by adultery, both easily, for motives of pleasure, and hiddenly, since "the eye of the adulterer observes darkness" (Job 24:15). But this does not apply to a son in respect of his father, or to a servant in respect of his master: because the latter infidelity is not the result of the lust of pleasure, but rather of malice: nor can it remain hidden like the infidelity of an adulterous woman.

In proper sequence we have to consider now the Law of the Gospel which is called the New Law: and in the first place we must consider it in itself; secondly, in comparison with the Old Law; thirdly, we shall treat of those things that are contained in the New Law. Under the first head there are four points of inquiry:
(1) What kind of law is it? i.e. Is it a written law or is it instilled in the heart?
(2) Of its efficacy, i.e. does it justify?
(3) Of its beginning: should it have been given at the beginning of the world?
(4) Of its end: i.e. whether it will last until the end, or will another law take its place?

Art. 1.
.... Whether the New Law is a written law?

Objection 1: It would seem that the New Law is a written law. For the New Law is just the same as the Gospel. But the Gospel is set forth in writing, according to Jn. 20:31: "But these are written that you may believe." Therefore the New Law is a written law.

Objection 2: Further, the law that is instilled in the heart is the natural law, according to Rm. 2:14,15: "(The Gentiles) do by nature those things that are of the law . . . who have Vulg.: 'show' the work of the law written in their hearts." If therefore the law of the Gospel were instilled in our hearts, it would not be distinct from the law of nature.

Objection 3: Further, the law of the Gospel is proper to those who are in the state of the New Testament. But the law that is instilled in the heart is common to those who are in the New Testament and to those who are in the Old Testament: for it is written (Wis. 7:27) that Divine Wisdom "through nations conveys herself into holy souls, she makes the friends of God and prophets." Therefore the New Law is not instilled in our hearts.

On the contrary, The New Law is the law of the New Testament. But the law of the New Testament is instilled in our hearts. For the Apostle, quoting the authority of Jeremias 31:31,33: "Behold the days shall come, says the Lord; and I will perfect unto the house of Israel, and unto the house of Judah, a new testament," says, explaining what this statement is (Heb. 8:8,10): "For this is the testament which I will make to the house of Israel . . . by giving Vulg.: 'I will give' My laws into their mind, and in their heart will I write them." Therefore the New Law is instilled in our hearts.

I answer that, "Each thing appears to be that which preponderates in it," as the Philosopher states (Ethic. ix, 8). Now that which is preponderant in the law of the New Testament, and whereon all its efficacy is based, is the grace of the Holy Spirit, which is given through faith in Christ. Consequently the New Law is chiefly the grace itself of the Holy Spirit, which is given to those who believe in Christ. This is manifestly stated by the Apostle who says (Rm. 3:27): "Where is . . . your boasting? It is excluded. By what law? Of works? No, but by the law of faith": for he calls the grace itself of faith "a law." And still more clearly it is written (Rm. 8:2): "The law of the spirit of life, in Christ Jesus, has delivered me from the law of sin and of death." Hence Augustine says (De Spir. et Lit. xxiv) that "as the law of deeds was written on tables of stone, so is the law of faith inscribed on the hearts of the faithful": and elsewhere, in the same book (xxi): "What else are the Divine laws written by God Himself on our hearts, but the very presence of His Holy Spirit?"

Nevertheless the New Law contains certain things that dispose us to receive the grace of the Holy Spirit, and pertaining to the use of that grace: such things are of secondary importance, so to speak, in the New Law; and the faithful need to be instructed concerning them, both by word and writing, both as to what they should believe and as to what they should do. Consequently we must say that the New Law is in the first place a law that is inscribed on our hearts, but that secondarily it is a written law.

Reply to Objection 1: The Gospel writings contain only such things as pertain to the grace of the Holy Spirit, either by disposing us thereto, or by directing us to the use thereof. Thus with regard to the intellect, the Gospel contains certain matters pertaining to the manifestation of Christ's Godhead or humanity, which dispose us by means of faith through which we receive the grace of the Holy Spirit: and with regard to the affections, it contains matters touching the contempt of the world, whereby man is rendered fit to receive the grace of the Holy Spirit: for "the world," i.e. worldly men, "cannot receive" the Holy Spirit (Jn. 14:17). As to the use of spiritual grace, this consists in works of virtue to which the writings of the New Testament exhort men in divers ways.

Reply to Objection 2: There are two ways in which a thing may be instilled into man. First, through being part of his nature, and thus the natural law is instilled into man. Secondly, a thing is instilled into man by being, as it were, added on to his nature by a gift of grace. In this way the New Law is instilled into man, not only by indicating to him what he should do, but also by helping him to accomplish it.

Reply to Objection 3: No man ever had the grace of the Holy Spirit except through faith in Christ either explicit or implicit: and by faith in Christ man belongs to the New Testament. Consequently whoever had the law of grace instilled into them belonged to the New Testament.

Art. 2.
.... Whether the New Law justifies?

Objection 1: It would seem that the New Law does not justify. For no man is justified unless he obeys God's law, according to Heb. 5:9: "He," i.e. Christ, "became to all that obey Him the cause of eternal salvation." But the Gospel does not always cause men to believe in it: for it is written (Rm. 10:16): "All do not obey the Gospel." Therefore the New Law does not justify.

Objection 2: Further, the Apostle proves in his epistle to the Romans that the Old Law did not justify, because transgression increased at its advent: for it is stated (Rm. 4:15): "The Law works wrath: for where there is no law, neither is there transgression." But much more did the New Law increase transgression: since he who sins after the giving of the New Law deserves greater punishment, according to Heb. 10:28,29: "A man making void the Law of Moses dies without any mercy under two or three witnesses. How much more, do you think, he deserves worse punishments, who has trodden underfoot the Son of God," etc.? Therefore the New Law, like the Old Law, does not justify.

Objection 3: Further, justification is an effect proper to God, according to Rm. 8:33: "God that justifies." But the Old Law was from God just as the New Law. Therefore the New Law does not justify any more than the Old Law.

On the contrary, The Apostle says (Rm. 1:16): "I am not ashamed of the Gospel: for it is in the power of God unto salvation to everyone that believes." But there is no salvation but to those who are justified. Therefore the Law of the Gospel justifies.

I answer that, As stated above (Article 1), there is a twofold element in the Law of the Gospel. There is the chief element, viz. the grace of the Holy Spirit bestowed inwardly. And as to this, the New Law justifies. Hence Augustine says (De Spir. et Lit. xvii): "There," i.e. in the Old Testament, "the Law was set forth in an outward fashion, that the ungodly might be afraid"; "here," i.e. in the New Testament, "it is given in an inward manner, that they may be justified." The other element of the Evangelical Law is secondary: namely, the teachings of faith, and those commandments which direct human affections and human actions. And as to this, the New Law does not justify. Hence the Apostle says (2 Cor. 3:6) "The letter kills, but the spirit quickeneth": and Augustine explains this (De Spir. et Lit. xiv, xvii) by saying that the letter denotes any writing external to man, even that of the moral precepts such as are contained in the Gospel. Wherefore the letter, even of the Gospel would kill, unless there were the inward presence of the healing grace of faith.

Reply to Objection 1: This argument holds true of the New Law, not as to its principal, but as to its secondary element: i.e. as to the dogmas and precepts outwardly put before man either in words or in writing.

Reply to Objection 2: Although the grace of the New Testament helps man to avoid sin, yet it does not so confirm man in good that he cannot sin: for this belongs to the state of glory. Hence if a man sin after receiving the grace of the New Testament, he deserves greater punishment, as being ungrateful for greater benefits, and as not using the help given to him. And this is why the New Law is not said to "work wrath": because as far as it is concerned it gives man sufficient help to avoid sin.

Reply to Objection 3: The same God gave both the New and the Old Law, but in different ways. For He gave the Old Law written on tables of stone: whereas He gave the New Law written "in the fleshly tables of the heart," as the Apostle expresses it (2 Cor. 3:3). Wherefore, as Augustine says (De Spir. et Lit. xviii), "the Apostle calls this letter which is written outside man, a ministration of death and a ministration of condemnation: whereas he calls the other letter, i.e. the Law of the New Testament, the ministration of the spirit and the ministration of justice: because through the gift of the Spirit we work justice, and are delivered from the condemnation due to transgression."

Art. 3.
.... Whether the New Law should have been given from the beginning of the world?