[I-II, Q. 103, 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 (Q. 101, A. 4). But sacrifices and holocausts preceded the Law: for it is written (Gen. 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 (Gen. 18:20), and Abraham did in like manner (Gen. 22:13). Therefore the ceremonies of the Old Law preceded the Law.

Obj. 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 (Gen. 13:18) that "Abraham . . . built . . . an altar the Lord"; and (Gen. 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.

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

Obj. 4: Further, the distinction of clean from unclean animals belongs to the ceremonies of observances, as stated above (Q. 100, 2, A. 6, ad 1). But this distinction preceded the Law; for it is written (Gen. 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 (Deut. 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 (Q. 101, A. 2; Q. 102, A. 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 (Q. 99, A. 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 Obj. 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 Obj. 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 Obj. 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 (John 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 Obj. 4: The distinction of clean from unclean animals was in vogue before the Law, not with regard to eating them, since it is written (Gen. 9:3): "Everything that moveth and liveth 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. ________________________

SECOND

[II-II, Q. 85, Art. 1]

Whether Offering a Sacrifice to God Is of the Law of Nature?

Objection 1: It would seem that offering a sacrifice to God is not of the natural law. Things that are of the natural law are common among all men. Yet this is not the case with sacrifices: for we read of some, e.g. Melchisedech (Gen. 14:18), offering bread and wine in sacrifice, and of certain animals being offered by some, and others by others. Therefore the offering of sacrifices is not of the natural law.

Obj. 2: Further, things that are of the natural law were observed by all just men. Yet we do not read that Isaac offered sacrifice; nor that Adam did so, of whom nevertheless it is written (Wis. 10:2) that wisdom "brought him out of his sin." Therefore the offering of sacrifice is not of the natural law.

Obj. 3: Further, Augustine says (De Civ. Dei x, 5, 19) that sacrifices are offered in signification of something. Now words which are chief among signs, as he again says (De Doctr. Christ. ii, 3), "signify, not by nature but by convention," according to the Philosopher (Peri Herm. i, 2). Therefore sacrifices are not of the natural law.

_On the contrary,_ At all times and among all nations there has always been the offering of sacrifices. Now that which is observed by all is seemingly natural. Therefore the offering of sacrifices is of the natural law.

_I answer that,_ Natural reason tells man that he is subject to a higher being, on account of the defects which he perceives in himself, and in which he needs help and direction from someone above him: and whatever this superior being may be, it is known to all under the name of God. Now just as in natural things the lower are naturally subject to the higher, so too it is a dictate of natural reason in accordance with man's natural inclination that he should tender submission and honor, according to his mode, to that which is above man. Now the mode befitting to man is that he should employ sensible signs in order to signify anything, because he derives his knowledge from sensibles. Hence it is a dictate of natural reason that man should use certain sensibles, by offering them to God in sign of the subjection and honor due to Him, like those who make certain offerings to their lord in recognition of his authority. Now this is what we mean by a sacrifice, and consequently the offering of sacrifice is of the natural law.

Reply Obj. 1: As stated above (I-II, Q. 95, A. 2), certain things belong generically to the natural law, while their determination belongs to the positive law; thus the natural law requires that evildoers should be punished; but that this or that punishment should be inflicted on them is a matter determined by God or by man. In like manner the offering of sacrifice belongs generically to the natural law, and consequently all are agreed on this point, but the determination of sacrifices is established by God or by man, and this is the reason for their difference.

Reply Obj. 2: Adam, Isaac and other just men offered sacrifice to God in a manner befitting the times in which they lived, according to Gregory, who says (Moral. iv, 3) that in olden times original sin was remitted through the offering of sacrifices. Nor does Scripture mention all the sacrifices of the just, but only those that have something special connected with them. Perhaps the reason why we read of no sacrifice being offered by Adam may be that, as the origin of sin is ascribed to him, the origin of sanctification ought not to be represented as typified in him. Isaac was a type of Christ, being himself offered in sacrifice; and so there was no need that he should be represented as offering a sacrifice.

Reply Obj. 3: It is natural to man to express his ideas by signs, but the determination of those signs depends on man's pleasure. _______________________

SECOND

[III, Q. 61, Art. 3]

Whether There Should Have Been Sacraments After Sin, Before Christ?

Objection 1: It seems that there should have been no sacraments after sin, before Christ. For it has been stated that the Passion of Christ is applied to men through the sacraments: so that Christ's Passion is compared to the sacraments as cause to effect. But effect does not precede cause. Therefore there should have been no sacraments before Christ's coming.

Obj. 2: Further, sacraments should be suitable to the state of the human race, as Augustine declares (Contra Faust. xix). But the state of the human race underwent no change after sin until it was repaired by Christ. Neither, therefore, should the sacraments have been changed, so that besides the sacraments of the natural law, others should be instituted in the law of Moses.

Obj. 3: Further, the nearer a thing approaches to that which is perfect, the more like it should it be. Now the perfection of human salvation was accomplished by Christ; to Whom the sacraments of the Old Law were nearer than those that preceded the Law. Therefore they should have borne a greater likeness to the sacraments of Christ. And yet the contrary is the case, since it was foretold that the priesthood of Christ would be "according to the order of Melchisedech, and not . . . according to the order of Aaron" (Heb. 7:11). Therefore sacraments were unsuitably instituted before Christ.

_On the contrary,_ Augustine says (Contra Faust. xix) that "the first sacraments which the Law commanded to be solemnized and observed were announcements of Christ's future coming." But it was necessary for man's salvation that Christ's coming should be announced beforehand. Therefore it was necessary that some sacraments should be instituted before Christ.

_I answer that,_ Sacraments are necessary for man's salvation, in so far as they are sensible signs of invisible things whereby man is made holy. Now after sin no man can be made holy save through Christ, "Whom God hath proposed to be a propitiation, through faith in His blood, to the showing of His justice . . . that He Himself may be just, and the justifier of him who is of the faith of Jesus Christ" (Rom. 3:25, 26). Therefore before Christ's coming there was need for some visible signs whereby man might testify to his faith in the future coming of a Saviour. And these signs are called sacraments. It is therefore clear that some sacraments were necessary before Christ's coming.

Reply Obj. 1: Christ's Passion is the final cause of the old sacraments: for they were instituted in order to foreshadow it. Now the final cause precedes not in time, but in the intention of the agent. Consequently, there is no reason against the existence of sacraments before Christ's Passion.

Reply Obj. 2: The state of the human race after sin and before Christ can be considered from two points of view. First, from that of faith: and thus it was always one and the same: since men were made righteous, through faith in the future coming of Christ. Secondly, according as sin was more or less intense, and knowledge concerning Christ more or less explicit. For as time went on sin gained a greater hold on man, so much so that it clouded man's reason, the consequence being that the precepts of the natural law were insufficient to make man live aright, and it became necessary to have a written code of fixed laws, and together with these certain sacraments of faith. For it was necessary, as time went on, that the knowledge of faith should be more and more unfolded, since, as Gregory says (Hom. vi in Ezech.): "With the advance of time there was an advance in the knowledge of Divine things." Consequently in the old Law there was also a need for certain fixed sacraments significative of man's faith in the future coming of Christ: which sacraments are compared to those that preceded the Law, as something determinate to that which is indeterminate: inasmuch as before the Law it was not laid down precisely of what sacraments men were to make use: whereas this was prescribed by the Law; and this was necessary both on account of the overclouding of the natural law, and for the clearer signification of faith.

Reply Obj. 3: The sacrament of Melchisedech which preceded the Law is more like the Sacrament of the New Law in its matter: in so far as "he offered bread and wine" (Gen. 14:18), just as bread and wine are offered in the sacrifice of the New Testament. Nevertheless the sacraments of the Mosaic Law are more like the thing signified by the sacrament, i.e. the Passion of Christ: as clearly appears in the Paschal Lamb and such like. The reason of this was lest, if the sacraments retained the same appearance, it might seem to be the continuation of one and the same sacrament, where there was no interruption of time. _______________________

FOURTH

[III, Q. 74, Art. 6]

Whether Water Should Be Mixed with the Wine?

Objection 1: It seems that water ought not to be mixed with the wine, since Christ's sacrifice was foreshadowed by that of Melchisedech, who (Gen. 14:18) is related to have offered up bread and wine only. Consequently it seems that water should not be added in this sacrament.

Obj. 2: Further, the various sacraments have their respective matters. But water is the matter of Baptism. Therefore it should not be employed as the matter of this sacrament.

Obj. 3: Further, bread and wine are the matter of this sacrament. But nothing is added to the bread. Therefore neither should anything be added to the wine.

_On the contrary,_ Pope Alexander I writes (Ep. 1 ad omnes orth.): "In the sacramental oblations which in mass are offered to the Lord, only bread and wine mixed with water are to be offered in sacrifice."

_I answer that,_ Water ought to be mingled with the wine which is offered in this sacrament. First of all on account of its institution: for it is believed with probability that our Lord instituted this sacrament in wine tempered with water according to the custom of that country: hence it is written (Prov. 9:5): "Drink the wine which I have mixed for you." Secondly, because it harmonizes with the representation of our Lord's Passion: hence Pope Alexander I says (Ep. 1 ad omnes orth.): "In the Lord's chalice neither wine only nor water only ought to be offered, but both mixed because we read that both flowed from His side in the Passion." Thirdly, because this is adapted for signifying the effect of this sacrament, since as Pope Julius says (Concil. Bracarens iii, Can. 1): "We see that the people are signified by the water, but Christ's blood by the wine. Therefore when water is mixed with the wine in the chalice, the people is made one with Christ." Fourthly, because this is appropriate to the fourth effect of this sacrament, which is the entering into everlasting life: hence Ambrose says (De Sacram. v): "The water flows into the chalice, and springs forth unto everlasting life."

Reply Obj. 1: As Ambrose says (De Sacram. v), just as Christ's sacrifice is denoted by the offering of Melchisedech, so likewise it is signified by the water which flowed from the rock in the desert, according to 1 Cor. 10:4: "But they drank of the spiritual rock which came after them."

Reply Obj. 2: In Baptism water is used for the purpose of ablution: but in this sacrament it is used by way of refreshment, according to Ps. 22:3: "He hath brought me up on the water of refreshment."

Reply Obj. 3: Bread is made of water and flour; and therefore, since water is mixed with the wine, neither is without water. _______________________

SEVENTH

[II-II, Q. 87, Art. 1]

Whether Men Are Bound to Pay Tithes Under a Necessity of Precept?

Objection 1: It would seem that men are not bound by precept to pay tithes. The commandment to pay tithes is contained in the Old Law (Lev. 27:30), "All tithes of the land, whether of corn or of the fruits of trees, are the Lord's," and further on (Lev. 27:32): "Of all the tithes of oxen and sheep and goats, that pass under the shepherd's rod, every tenth that cometh shall be sanctified to the Lord." This cannot be reckoned among the moral precepts, because natural reason does not dictate that one ought to give a tenth part, rather than a ninth or eleventh. Therefore it is either a judicial or a ceremonial precept. Now, as stated above (I-II, Q. 103, A. 3; Q. 104, A. 3), during the time of grace men are hound neither to the ceremonial nor to the judicial precepts of the Old Law. Therefore men are not bound now to pay tithes.

Obj. 2: Further, during the time of grace men are bound only to those things which were commanded by Christ through the Apostles, according to Matt. 28:20, "Teaching them to observe all things whatsoever I have commanded you"; and Paul says (Acts 20:27): "I have not spared to declare unto you all the counsel of God." Now neither in the teaching of Christ nor in that of the apostles is there any mention of the paying of tithes: for the saying of our Lord about tithes (Matt. 23:23), "These things you ought to have done" seems to refer to the past time of legal observance: thus Hilary says (Super Matth. can. xxiv): "The tithing of herbs, which was useful in foreshadowing the future, was not to be omitted." Therefore during the time of grace men are not bound to pay tithes.

Obj. 3: Further, during the time of grace, men are not more bound to the legal observances than before the Law. But before the Law tithes were given, by reason not of a precept but of a vow. For we read (Gen. 28:20, 22) that Jacob "made a vow" saying: "If God shall be with me, and shall keep me in the way by which I walk . . . of all the things that Thou shalt give to me, I will offer tithes to Thee." Neither, therefore, during the time of grace are men bound to pay tithes.

Obj. 4: Further, in the Old Law men were bound to pay three kinds of tithe. For it is written (Num. 18:23, 24): "The sons of Levi . . . shall . . . be content with the oblation of tithes, which I have separated for their uses and necessities." Again, there were other tithes of which we read (Deut. 14:22, 23): "Every year thou shalt set aside the tithes of all thy fruits, that the earth bringeth forth year by year; and thou shalt eat before the Lord thy God in the place which He shall choose." And there were yet other tithes, of which it is written (Deut. 14:28): "The third year thou shalt separate another tithe of all things that grow to thee at that time, and shalt lay it up within thy gates. And the Levite that hath no other part nor possession with thee, and the stranger, and the fatherless, and the widow, that are within thy gates, shall . . . eat and be filled." Now during the time of grace men are not bound to pay the second and third tithes. Neither therefore are they bound to pay the first.

Obj. 5: Further, a debt that is due without any time being fixed for its payment, must be paid at once under pain of sin. Accordingly if during the time of grace men are bound, under necessity of precept, to pay tithes in those countries where tithes are not paid, they would all be in a state of mortal sin, and so would also be the ministers of the Church for dissembling. But this seems unreasonable. Therefore during the time of grace men are not bound under necessity of precept to pay tithes.

_On the contrary,_ Augustine [*Append. Serm. cclxxcii], whose words are quoted 16, qu. i [*Can. Decimae], says: "It is a duty to pay tithes, and whoever refuses to pay them takes what belongs to another."

_I answer that,_ In the Old Law tithes were paid for the sustenance of the ministers of God. Hence it is written (Malach. 3:10): "Bring all the tithes into My [Vulg.: 'the'] store-house that there may be meat in My house." Hence the precept about the paying of tithes was partly moral and instilled in the natural reason; and partly judicial, deriving its force from its divine institution. Because natural reason dictates that the people should administer the necessaries of life to those who minister the divine worship for the welfare of the whole people even as it is the people's duty to provide a livelihood for their rulers and soldiers and so forth. Hence the Apostle proves this from human custom, saying (1 Cor. 9:7): "Who serveth as a soldier at any time at his own charge? Who planteth a vineyard and eateth not of the fruit thereof?" But the fixing of the proportion to be offered to the ministers of divine worship does not belong to the natural law, but was determined by divine institution, in accordance with the condition of that people to whom the law was being given. For they were divided into twelve tribes, and the twelfth tribe, namely that of Levi, was engaged exclusively in the divine ministry and had no possessions whence to derive a livelihood: and so it was becomingly ordained that the remaining eleven tribes should give one-tenth part of their revenues to the Levites [*Num. 18:21] that the latter might live respectably; and also because some, through negligence, would disregard this precept. Hence, so far as the tenth part was fixed, the precept was judicial, since all institutions established among this people for the special purpose of preserving equality among men, in accordance with this people's condition, are called "judicial precepts." Nevertheless by way of consequence these institutions foreshadowed something in the future, even as everything else connected with them, according to 1 Cor. 12, "All these things happened to them in figure." In this respect they had something in common with the _ceremonial precepts,_ which were instituted chiefly that they might be signs of the future. Hence the precept about paying tithes foreshadowed something in the future. For ten is, in a way, the perfect number (being the first numerical limit, since the figures do not go beyond ten but begin over again from one), and therefore he that gave a tenth, which is the sign of perfection, reserving the nine other parts for himself, acknowledged by a sign that imperfection was his part, and that the perfection which was to come through Christ was to be hoped for from God. Yet this proves it to be, not a ceremonial but a judicial precept, as stated above.

There is this difference between the ceremonial and judicial precepts of the Law, as we stated above (I-II, Q. 104, A. 3), that it is unlawful to observe the ceremonial precepts at the time of the New Law, whereas there is no sin in keeping the judicial precepts during the time of grace although they are not binding. Indeed they are bound to be observed by some, if they be ordained by the authority of those who have power to make laws. Thus it was a judicial precept of the Old Law that he who stole a sheep should restore four sheep (Ex. 22:1), and if any king were to order this to be done his subjects would be bound to obey. In like manner during the time of the New Law the authority of the Church has established the payment of tithe; thus showing a certain kindliness, lest the people of the New Law should give less to the ministers of the New Testament than did the people of the Old Law to the ministers of the Old Testament; for the people of the New Law are under greater obligations, according to Matt. 5:20, "Unless your justice abound more than that of the Scribes and Pharisees, you shall not enter into the kingdom of heaven," and, moreover, the ministers of the New Testament are of greater dignity than the ministers of the Old Testament, as the Apostle shows (2 Cor. 3:7, 8).

Accordingly it is evident that man's obligation to pay tithes arises partly from natural law, partly from the institution of the Church; who, nevertheless, in consideration of the requirements of time and persons might ordain the payment of some other proportion.

This suffices for the Reply to the First Objection.

Reply Obj. 2: The precept about paying tithes, in so far as it was a moral precept, was given in the Gospel by our Lord when He said (Matt. 10:10) [*The words as quoted are from Luke 10:7: Matthew has 'meat' instead of 'hire']: "The workman is worthy of his hire," and the Apostle says the same (1 Cor. 9:4 seqq.). But the fixing of the particular proportion is left to the ordinance of the Church.

Reply Obj. 3: Before the time of the Old Law the ministry of the divine worship was not entrusted to any particular person; although it is stated that the first-born were priests, and that they received a double portion. For this very reason no particular portion was directed to be given to the ministers of the divine worship: but when they met with one, each man of his own accord gave him what he deemed right. Thus Abraham by a kind of prophetic instinct gave tithes to Melchisedech, the priest of the Most High God, according to Gen. 14:20, and again Jacob made a vow to give tithes [*Gen. 28:20], although he appears to have vowed to do so, not by paying them to ministers, but for the purpose of the divine worship, for instance for the fulfilling of sacrifices, hence he said significantly: "I will offer tithes to Thee."

Reply Obj. 4: The second kind of tithe, which was reserved for the offering of sacrifices, has no place in the New Law, since the legal victims had ceased. But the third kind of tithe which they had to eat with the poor, is increased in the New Law, for our Lord commanded us to give to the poor not merely the tenth part, but all our surplus, according to Luke 11:41: "That which remaineth, give alms." Moreover the tithes that are given to the ministers of the Church should be dispensed by them for the use of the poor.

Reply Obj. 5: The ministers of the Church ought to be more solicitous for the increase of spiritual goods in the people, than for the amassing of temporal goods: and hence the Apostle was unwilling to make use of the right given him by the Lord of receiving his livelihood from those to whom he preached the Gospel, lest he should occasion a hindrance to the Gospel of Christ [*1 Cor. 9:12]. Nor did they sin who did not contribute to his upkeep, else the Apostle would not have omitted to reprove them. In like manner the ministers of the Church rightly refrain from demanding the Church's tithes, when they could not demand them without scandal, on account of their having fallen into desuetude, or for some other reason. Nevertheless those who do not give tithes in places where the Church does not demand them are not in a state of damnation, unless they be obstinate, and unwilling to pay even if tithes were demanded of them. _______________________

SECOND