Part II (Pars Prima Secundae) Part 155 (1/2)

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

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

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

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

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

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

Reply Obj. 2: Judgment denotes execution of justice, by an application of the reason to individual cases in a determinate way.

Hence the judicial precepts have something in common with the moral precepts, in that they are derived from reason; and something in common with the ceremonial precepts, in that they are determinations of general precepts. This explains why sometimes ”judgments” comprise both judicial and moral precepts, as in Deut. 5:1: ”Hear, O Israel, the ceremonies and judgments”; and sometimes judicial and ceremonial precepts, as in Lev. 18:4: ”You shall do My judgments, and shall observe My precepts,” where ”precepts” denotes moral precepts, while ”judgments” refers to judicial and ceremonial precepts.

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

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FIFTH ARTICLE [I-II, Q. 99, Art. 5]

Whether the Old Law Contains Any Others Besides the Moral, Judicial, and Ceremonial Precepts?

Objection 1: It would seem that the Old Law contains others besides the moral, judicial, and ceremonial precepts. Because the judicial precepts belong to the act of justice, which is between man and man; while the ceremonial precepts belong to the act of religion, whereby G.o.d is wors.h.i.+pped. Now besides these there are many other virtues, viz. temperance, fort.i.tude, liberality, and several others, as stated above (Q. 60, A. 5). Therefore besides the aforesaid precepts, the Old Law should comprise others.

Obj. 2: Further, it is written (Deut. 11:1): ”Love the Lord thy G.o.d, and observe His precepts and ceremonies, His judgments and commandments.” Now precepts concern moral matters, as stated above (A. 4). Therefore besides the moral, judicial and ceremonial precepts, the Law contains others which are called ”commandments.”

[*The ”commandments” (mandata) spoken of here and in the body of this article are not to be confused with the Commandments (praecepta) in the ordinary acceptance of the word.]

Obj. 3: Further, it is written (Deut. 6:17): ”Keep the precepts of the Lord thy G.o.d, and the testimonies and ceremonies which I have [Vulg.: 'He hath'] commanded thee.” Therefore in addition to the above, the Law comprises ”testimonies.”

Obj. 4: Further, it is written (Ps. 118:93): ”Thy justifications (i.e. ”Thy Law,” according to a gloss) I will never forget.”

Therefore in the Old Law there are not only moral, ceremonial and judicial precepts, but also others, called ”justifications.”

_On the contrary,_ It is written (Deut. 6:1): ”These are the precepts and ceremonies and judgments which the Lord your G.o.d commanded ...

you.” And these words are placed at the beginning of the Law.

Therefore all the precepts of the Law are included under them.

_I answer that,_ Some things are included in the Law by way of precept; other things, as being ordained to the fulfilment of the precepts. Now the precepts refer to things which have to be done: and to their fulfilment man is induced by two considerations, viz. the authority of the lawgiver, and the benefit derived from the fulfilment, which benefit consists in the attainment of some good, useful, pleasurable or virtuous, or in the avoidance of some contrary evil. Hence it was necessary that in the Old Law certain things should be set forth to indicate the authority of G.o.d the lawgiver: e.g. Deut. 6:4: ”Hear, O Israel, the Lord our G.o.d is one Lord”; and Gen. 1:1: ”In the beginning G.o.d created heaven and earth”: and these are called ”testimonies.” Again it was necessary that in the Law certain rewards should be appointed for those who observe the Law, and punishments for those who transgress; as it may be seen in Deut.

28: ”If thou wilt hear the voice of the Lord thy G.o.d ... He will make thee higher than all the nations,” etc.: and these are called ”justifications,” according as G.o.d punishes or rewards certain ones justly.

The things that have to be done do not come under the precept except in so far as they have the character of a duty. Now a duty is twofold: one according to the rule of reason; the other according to the rule of a law which prescribes that duty: thus the Philosopher distinguishes a twofold just--moral and legal (Ethic. v, 7).

Moral duty is twofold: because reason dictates that something must be done, either as being so necessary that without it the order of virtue would be destroyed; or as being useful for the better maintaining of the order of virtue. And in this sense some of the moral precepts are expressed by way of absolute command or prohibition, as ”Thou shalt not kill,” ”Thou shalt not steal”: and these are properly called ”precepts.” Other things are prescribed or forbidden, not as an absolute duty, but as something better to be done. These may be called ”commandments”; because they are expressed by way of inducement and persuasion: an example whereof is seen in Ex. 22:26: ”If thou take of thy neighbor a garment in pledge, thou shalt give it him again before sunset”; and in other like cases.

Wherefore Jerome (Praefat. in Comment. super Marc.) says that ”justice is in the precepts, charity in the commandments.” Duty as fixed by the Law, belongs to the judicial precepts, as regards human affairs; to the ceremonial precepts, as regards Divine matters.

Nevertheless those ordinances also which refer to punishments and rewards may be called ”testimonies,” in so far as they testify to the Divine justice. Again all the precepts of the Law may be styled ”justifications,” as being executions of legal justice. Furthermore the commandments may be distinguished from the precepts, so that those things be called ”precepts” which G.o.d Himself prescribed; and those things ”commandments” which He enjoined (_mandavit_) through others, as the very word seems to denote.

From this it is clear that all the precepts of the Law are either moral, ceremonial, or judicial; and that other ordinances have not the character of a precept, but are directed to the observance of the precepts, as stated above.

Reply Obj. 1: Justice alone, of all the virtues, implies the notion of duty. Consequently moral matters are determinable by law in so far as they belong to justice: of which virtue religion is a part, as Tully says (De Invent. ii). Wherefore the legal just cannot be anything foreign to the ceremonial and judicial precepts.

The Replies to the other Objections are clear from what has been said.