Part II (Pars Prima Secundae) Part 167 (2/2)

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SECOND ARTICLE [I-II, Q. 104, 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 inst.i.tuted as figures of something else. Therefore, if the judicial precepts are figurative, there will be no difference between the judicial and ceremonial precepts.

Obj. 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.

Obj. 3: Further, those things which relate to the divine wors.h.i.+p had to be taught under certain figures, because the things of G.o.d are above our reason, as stated above (Q. 101, A. 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 inst.i.tuted princ.i.p.ally that it may be the figure of something. In this way the ceremonial precepts are figurative; since they were inst.i.tuted for the very purpose that they might foreshadow something relating to the wors.h.i.+p of G.o.d 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 inst.i.tuted 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 Obj. 1: The ceremonial precepts are not figurative in the same way as the judicial precepts, as explained above.

Reply Obj. 2: The Jewish people were chosen by G.o.d 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 a.s.syrians or Romans, although the latter are more famous in the eyes of men.

Reply Obj. 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 wors.h.i.+p of G.o.d, it was above reason: and in this respect it was figurative.

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THIRD ARTICLE [I-II, Q. 104, 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.

Obj. 2: Further, Divine inst.i.tutions are more enduring than human inst.i.tutions. But the judicial precepts of human laws bind for ever.

Therefore much more do the judicial precepts of the Divine Law.

Obj. 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 serveth only in meats and in drinks, and divers was.h.i.+ngs 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 inst.i.tuted, 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 inst.i.tutions 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 (A. 2). For it has been stated that the ceremonial precepts are figurative primarily and in themselves, as being inst.i.tuted chiefly for the purpose of foreshadowing the mysteries of Christ to come. On the other hand, the judicial precepts were not inst.i.tuted 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 inst.i.tuted, 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 Obj. 1: The obligation of observing justice is indeed perpetual. But the determination of those things that are just, according to human or Divine inst.i.tution, must needs be different, according to the different states of mankind.

Reply Obj. 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 pa.s.s 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 Obj. 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.

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