[I-II, Q. 94, Art. 5]

Whether the Natural Law Can Be Changed?

Objection 1: It would seem that the natural law can be changed. Because on Ecclus. 17:9, "He gave them instructions, and the law of life," the gloss says: "He wished the law of the letter to be written, in order to correct the law of nature." But that which is corrected is changed. Therefore the natural law can be changed.

Obj. 2: Further, the slaying of the innocent, adultery, and theft are against the natural law. But we find these things changed by God: as when God commanded Abraham to slay his innocent son (Gen. 22:2); and when he ordered the Jews to borrow and purloin the vessels of the Egyptians (Ex. 12:35); and when He commanded Osee to take to himself "a wife of fornications" (Osee 1:2). Therefore the natural law can be changed.

Obj. 3: Further, Isidore says (Etym. 5:4) that "the possession of all things in common, and universal freedom, are matters of natural law." But these things are seen to be changed by human laws. Therefore it seems that the natural law is subject to change.

_On the contrary,_ It is said in the Decretals (Dist. v): "The natural law dates from the creation of the rational creature. It does not vary according to time, but remains unchangeable."

_I answer that,_ A change in the natural law may be understood in two ways. First, by way of addition. In this sense nothing hinders the natural law from being changed: since many things for the benefit of human life have been added over and above the natural law, both by the Divine law and by human laws.

Secondly, a change in the natural law may be understood by way of subtraction, so that what previously was according to the natural law, ceases to be so. In this sense, the natural law is altogether unchangeable in its first principles: but in its secondary principles, which, as we have said (A. 4), are certain detailed proximate conclusions drawn from the first principles, the natural law is not changed so that what it prescribes be not right in most cases. But it may be changed in some particular cases of rare occurrence, through some special causes hindering the observance of such precepts, as stated above (A. 4).

Reply Obj. 1: The written law is said to be given for the correction of the natural law, either because it supplies what was wanting to the natural law; or because the natural law was perverted in the hearts of some men, as to certain matters, so that they esteemed those things good which are naturally evil; which perversion stood in need of correction.

Reply Obj. 2: All men alike, both guilty and innocent, die the death of nature: which death of nature is inflicted by the power of God on account of original sin, according to 1 Kings 2:6: "The Lord killeth and maketh alive." Consequently, by the command of God, death can be inflicted on any man, guilty or innocent, without any injustice whatever. In like manner adultery is intercourse with another's wife; who is allotted to him by the law emanating from God. Consequently intercourse with any woman, by the command of God, is neither adultery nor fornication. The same applies to theft, which is the taking of another's property. For whatever is taken by the command of God, to Whom all things belong, is not taken against the will of its owner, whereas it is in this that theft consists. Nor is it only in human things, that whatever is commanded by God is right; but also in natural things, whatever is done by God, is, in some way, natural, as stated in the First Part, Q. 105, A. 6, ad 1.

Reply Obj. 3: A thing is said to belong to the natural law in two ways. First, because nature inclines thereto: e.g. that one should not do harm to another. Secondly, because nature did not bring in the contrary: thus we might say that for man to be naked is of the natural law, because nature did not give him clothes, but art invented them. In this sense, "the possession of all things in common and universal freedom" are said to be of the natural law, because, to wit, the distinction of possessions and slavery were not brought in by nature, but devised by human reason for the benefit of human life. Accordingly the law of nature was not changed in this respect, except by addition. ________________________

SIXTH

[II-II, Q. 154, Art. 2]

Whether Simple Fornication Is a Mortal Sin?

Objection 1: It would seem that simple fornication is not a mortal sin. For things that come under the same head would seem to be on a par with one another. Now fornication comes under the same head as things that are not mortal sins: for it is written (Acts 15:29): "That you abstain from things sacrificed to idols, and from blood, and from things strangled, and from fornication." But there is not mortal sin in these observances, according to 1 Tim. 4:4, "Nothing is rejected that is received with thanksgiving." Therefore fornication is not a mortal sin.

Obj. 2: Further, no mortal sin is the matter of a Divine precept. But the Lord commanded (Osee 1:2): "Go take thee a wife of fornications, and have of her children of fornications." Therefore fornication is not a mortal sin.

Obj. 3: Further, no mortal sin is mentioned in Holy Writ without disapprobation. Yet simple fornication is mentioned without disapprobation by Holy Writ in connection with the patriarchs. Thus we read (Gen. 16:4) that Abraham went in to his handmaid Agar; and further on (Gen. 30:5, 9) that Jacob went in to Bala and Zelpha the handmaids of his wives; and again (Gen. 38:18) that Juda was with Thamar whom he thought to be a harlot. Therefore simple fornication is not a mortal sin.

Obj. 4: Further, every mortal sin is contrary to charity. But simple fornication is not contrary to charity, neither as regards the love of God, since it is not a sin directly against God, nor as regards the love of our neighbor, since thereby no one is injured. Therefore simple fornication is not a mortal sin.

Obj. 5: Further, every mortal sin leads to eternal perdition. But simple fornication has not this result: because a gloss of Ambrose [*The quotation is from the Gloss of Peter Lombard, who refers it to St. Ambrose: whereas it is from Hilary the deacon] on 1 Tim. 4:8, "Godliness is profitable to all things," says: "The whole of Christian teaching is summed up in mercy and godliness: if a man conforms to this, even though he gives way to the inconstancy of the flesh, doubtless he will be punished, but he will not perish." Therefore simple fornication is not a mortal sin.

Obj. 6: Further, Augustine says (De Bono Conjug. xvi) that "what food is to the well-being of the body, such is sexual intercourse to the welfare of the human race." But inordinate use of food is not always a mortal sin. Therefore neither is all inordinate sexual intercourse; and this would seem to apply especially to simple fornication, which is the least grievous of the aforesaid species.

_On the contrary,_ It is written (Tob. 4:13): "Take heed to keep thyself . . . from all fornication, and beside thy wife never endure to know a crime." Now crime denotes a mortal sin. Therefore fornication and all intercourse with other than one's wife is a mortal sin.

Further, nothing but mortal sin debars a man from God's kingdom. But fornication debars him, as shown by the words of the Apostle (Gal. 5:21), who after mentioning fornication and certain other vices, adds: "They who do such things shall not obtain the kingdom of God." Therefore simple fornication is a mortal sin.

Further, it is written in the Decretals (XXII, qu. i, can. Praedicandum): "They should know that the same penance is to be enjoined for perjury as for adultery, fornication, and wilful murder and other criminal offenses." Therefore simple fornication is a criminal or mortal sin.

_I answer that,_ Without any doubt we must hold simple fornication to be a mortal sin, notwithstanding that a gloss [*St. Augustine, QQ. in Deut., qu. 37] on Deut. 23:17, says: "This is a prohibition against going with whores, whose vileness is venial." For instead of "venial" it should be "venal," since such is the wanton's trade. In order to make this evident, we must take note that every sin committed directly against human life is a mortal sin. Now simple fornication implies an inordinateness that tends to injure the life of the offspring to be born of this union. For we find in all animals where the upbringing of the offspring needs care of both male and female, that these come together not indeterminately, but the male with a certain female, whether one or several; such is the case with all birds: while, on the other hand, among those animals, where the female alone suffices for the offspring's upbringing, the union is indeterminate, as in the case of dogs and like animals. Now it is evident that the upbringing of a human child requires not only the mother's care for his nourishment, but much more the care of his father as guide and guardian, and under whom he progresses in goods both internal and external. Hence human nature rebels against an indeterminate union of the sexes and demands that a man should be united to a determinate woman and should abide with her a long time or even for a whole lifetime. Hence it is that in the human race the male has a natural solicitude for the certainty of offspring, because on him devolves the upbringing of the child: and this certainly would cease if the union of sexes were indeterminate.

This union with a certain definite woman is called matrimony; which for the above reason is said to belong to the natural law. Since, however, the union of the sexes is directed to the common good of the whole human race, and common goods depend on the law for their determination, as stated above (I-II, Q. 90, A. 2), it follows that this union of man and woman, which is called matrimony, is determined by some law. What this determination is for us will be stated in the Third Part of this work (Suppl., Q. 50, seqq.), where we shall treat of the sacrament of matrimony. Wherefore, since fornication is an indeterminate union of the sexes, as something incompatible with matrimony, it is opposed to the good of the child's upbringing, and consequently it is a mortal sin.

Nor does it matter if a man having knowledge of a woman by fornication, make sufficient provision for the upbringing of the child: because a matter that comes under the determination of the law is judged according to what happens in general, and not according to what may happen in a particular case.

Reply Obj. 1: Fornication is reckoned in conjunction with these things, not as being on a par with them in sinfulness, but because the matters mentioned there were equally liable to cause dispute between Jews and Gentiles, and thus prevent them from agreeing unanimously. For among the Gentiles, fornication was not deemed unlawful, on account of the corruption of natural reason: whereas the Jews, taught by the Divine law, considered it to be unlawful. The other things mentioned were loathsome to the Jews through custom introduced by the law into their daily life. Hence the Apostles forbade these things to the Gentiles, not as though they were unlawful in themselves, but because they were loathsome to the Jews, as stated above (I-II, Q. 103, A. 4, ad 3).

Reply Obj. 2: Fornication is said to be a sin, because it is contrary to right reason. Now man's reason is right, in so far as it is ruled by the Divine Will, the first and supreme rule. Wherefore that which a man does by God's will and in obedience to His command, is not contrary to right reason, though it may seem contrary to the general order of reason: even so, that which is done miraculously by the Divine power is not contrary to nature, though it be contrary to the usual course of nature. Therefore just as Abraham did not sin in being willing to slay his innocent son, because he obeyed God, although considered in itself it was contrary to right human reason in general, so, too, Osee sinned not in committing fornication by God's command. Nor should such a copulation be strictly called fornication, though it be so called in reference to the general course of things. Hence Augustine says (Confess. iii, 8): "When God commands a thing to be done against the customs or agreement of any people, though it were never done by them heretofore, it is to be done"; and afterwards he adds: "For as among the powers of human society, the greater authority is obeyed in preference to the lesser, so must God in preference to all."

Reply Obj. 3: Abraham and Jacob went in to their handmaidens with no purpose of fornication, as we shall show further on when we treat of matrimony (Suppl., Q. 65, A. 5, ad 2). As to Juda there is no need to excuse him, for he also caused Joseph to be sold.

Reply Obj. 4: Simple fornication is contrary to the love of our neighbor, because it is opposed to the good of the child to be born, as we have shown, since it is an act of generation accomplished in a manner disadvantageous to the future child.

Reply Obj. 5: A person, who, while given to works of piety, yields to the inconstancy of the flesh, is freed from eternal loss, in so far as these works dispose him to receive the grace to repent, and because by such works he makes satisfaction for his past inconstancy; but not so as to be freed by pious works, if he persist in carnal inconstancy impenitent until death.

Reply Obj. 6: One copulation may result in the begetting of a man, wherefore inordinate copulation, which hinders the good of the future child, is a mortal sin as to the very genus of the act, and not only as to the inordinateness of concupiscence. On the other hand, one meal does not hinder the good of a man's whole life, wherefore the act of gluttony is not a mortal sin by reason of its genus. It would, however, be a mortal sin, if a man were knowingly to partake of a food which would alter the whole condition of his life, as was the case with Adam.

Nor is it true that fornication is the least of the sins comprised under lust, for the marriage act that is done out of sensuous pleasure is a lesser sin. _______________________

THIRD

[I-II, Q. 102, Art. 2]

Whether the Ceremonial Precepts Have a Literal Cause or Merely a Figurative Cause?

Objection 1: It would seem that the ceremonial precepts have not a literal, but merely a figurative cause. For among the ceremonial precepts, the chief was circumcision and the sacrifice of the paschal lamb. But neither of these had any but a figurative cause: because each was given as a sign. For it is written (Gen. 17:11): "You shall circumcise the flesh of your foreskin, that it may be a sign of the covenant between Me and you": and of the celebration of the Passover it is written (Ex. 13:9): "It shall be as a sign in thy hand, and as a memorial before thy eyes." Therefore much more did the other ceremonial precepts have none but a figurative reason.

Obj. 2: Further, an effect is proportionate to its cause. But all the ceremonial precepts are figurative, as stated above (Q. 101, A. 2). Therefore they have no other than a figurative cause.

Obj. 3: Further, if it be a matter of indifference whether a certain thing, considered in itself, be done in a particular way or not, it seems that it has not a literal cause. Now there are certain points in the ceremonial precepts, which appear to be a matter of indifference, as to whether they be done in one way or in another: for instance, the number of animals to be offered, and other such particular circumstances. Therefore there is no literal cause for the precepts of the Old Law.

_On the contrary,_ Just as the ceremonial precepts foreshadowed Christ, so did the stories of the Old Testament: for it is written (1 Cor. 10:11) that "all (these things) happened to them in figure." Now in the stories of the Old Testament, besides the mystical or figurative, there is the literal sense. Therefore the ceremonial precepts had also literal, besides their figurative causes.

_I answer that,_ As stated above (A. 1), the reason for whatever conduces to an end must be taken from that end. Now the end of the ceremonial precepts was twofold: for they were ordained to the Divine worship, for that particular time, and to the foreshadowing of Christ; just as the words of the prophets regarded the time being in such a way as to be utterances figurative of the time to come, as Jerome says on Osee 1:3. Accordingly the reasons for the ceremonial precepts of the Old Law can be taken in two ways. First, in respect of the Divine worship which was to be observed for that particular time: and these reasons are literal: whether they refer to the shunning of idolatry; or recall certain Divine benefits; or remind men of the Divine excellence; or point out the disposition of mind which was then required in those who worshipped God. Secondly, their reasons can be gathered from the point of view of their being ordained to foreshadow Christ: and thus their reasons are figurative and mystical: whether they be taken from Christ Himself and the Church, which pertains to the allegorical sense; or to the morals of the Christian people, which pertains to the moral sense; or to the state of future glory, in as much as we are brought thereto by Christ, which refers to the anagogical sense.

Reply Obj. 1: Just as the use of metaphorical expressions in Scripture belongs to the literal sense, because the words are employed in order to convey that particular meaning; so also the meaning of those legal ceremonies which commemorated certain Divine benefits, on account of which they were instituted, and of others similar which belonged to that time, does not go beyond the order of literal causes. Consequently when we assert that the cause of the celebration of the Passover was its signification of the delivery from Egypt, or that circumcision was a sign of God's covenant with Abraham, we assign the literal cause.

Reply Obj. 2: This argument would avail if the ceremonial precepts had been given merely as figures of things to come, and not for the purpose of worshipping God then and there.

Reply Obj. 3: As we have stated when speaking of human laws (Q. 96, AA. 1, 6), there is a reason for them in the abstract, but not in regard to particular conditions, which depend on the judgment of those who frame them; so also many particular determinations in the ceremonies of the Old Law have no literal cause, but only a figurative cause; whereas in the abstract they have a literal cause. ________________________

THIRD