[I-II, Q. 3, Art. 4]

Whether, If Happiness Is in the Intellective Part, It Is an Operation of the Intellect or of the Will?

Objection 1: It would seem that happiness consists in an act of the will. For Augustine says (De Civ. Dei xix, 10, 11), that man's happiness consists in peace; wherefore it is written (Ps. 147:3): "Who hath placed peace in thy end [Douay: 'borders']". But peace pertains to the will. Therefore man's happiness is in the will.

Obj. 2: Further, happiness is the supreme good. But good is the object of the will. Therefore happiness consists in an operation of the will.

Obj. 3: Further, the last end corresponds to the first mover: thus the last end of the whole army is victory, which is the end of the general, who moves all the men. But the first mover in regard to operations is the will: because it moves the other powers, as we shall state further on (Q. 9, AA. 1, 3). Therefore happiness regards the will.

Obj. 4: Further, if happiness be an operation, it must needs be man's most excellent operation. But the love of God, which is an act of the will, is a more excellent operation than knowledge, which is an operation of the intellect, as the Apostle declares (1 Cor. 13). Therefore it seems that happiness consists in an act of the will.

Obj. 5: Further, Augustine says (De Trin. xiii, 5) that "happy is he who has whatever he desires, and desires nothing amiss." And a little further on (6) he adds: "He is most happy who desires well, whatever he desires: for good things make a man happy, and such a man already possesses some good--i.e. a good will." Therefore happiness consists in an act of the will.

_On the contrary,_ Our Lord said (John 17:3): "This is eternal life: that they may know Thee, the only true God." Now eternal life is the last end, as stated above (A. 2, ad 1). Therefore man's happiness consists in the knowledge of God, which is an act of the intellect.

_I answer that,_ As stated above (Q. 2, A. 6) two things are needed for happiness: one, which is the essence of happiness: the other, that is, as it were, its proper accident, i.e. the delight connected with it. I say, then, that as to the very essence of happiness, it is impossible for it to consist in an act of the will. For it is evident from what has been said (AA. 1, 2; Q. 2, A. 7) that happiness is the attainment of the last end. But the attainment of the end does not consist in the very act of the will. For the will is directed to the end, both absent, when it desires it; and present, when it is delighted by resting therein. Now it is evident that the desire itself of the end is not the attainment of the end, but is a movement towards the end: while delight comes to the will from the end being present; and not conversely, is a thing made present, by the fact that the will delights in it. Therefore, that the end be present to him who desires it, must be due to something else than an act of the will.

This is evidently the case in regard to sensible ends. For if the acquisition of money were through an act of the will, the covetous man would have it from the very moment that he wished for it. But at the moment it is far from him; and he attains it, by grasping it in his hand, or in some like manner; and then he delights in the money got. And so it is with an intelligible end. For at first we desire to attain an intelligible end; we attain it, through its being made present to us by an act of the intellect; and then the delighted will rests in the end when attained.

So, therefore, the essence of happiness consists in an act of the intellect: but the delight that results from happiness pertains to the will. In this sense Augustine says (Confess. x, 23) that happiness is "joy in truth," because, to wit, joy itself is the consummation of happiness.

Reply Obj. 1: Peace pertains to man's last end, not as though it were the very essence of happiness; but because it is antecedent and consequent thereto: antecedent, in so far as all those things are removed which disturb and hinder man in attaining the last end: consequent inasmuch as when man has attained his last end, he remains at peace, his desire being at rest.

Reply Obj. 2: The will's first object is not its act: just as neither is the first object of the sight, vision, but a visible thing. Wherefore, from the very fact that happiness belongs to the will, as the will's first object, it follows that it does not belong to it as its act.

Reply Obj. 3: The intellect apprehends the end before the will does: yet motion towards the end begins in the will. And therefore to the will belongs that which last of all follows the attainment of the end, viz. delight or enjoyment.

Reply Obj. 4: Love ranks above knowledge in moving, but knowledge precedes love in attaining: for "naught is loved save what is known," as Augustine says (De Trin. x, 1). Consequently we first attain an intelligible end by an act of the intellect; just as we first attain a sensible end by an act of sense.

Reply Obj. 5: He who has whatever he desires, is happy, because he has what he desires: and this indeed is by something other than the act of his will. But to desire nothing amiss is needed for happiness, as a necessary disposition thereto. And a good will is reckoned among the good things which make a man happy, forasmuch as it is an inclination of the will: just as a movement is reduced to the genus of its terminus, for instance, "alteration" to the genus "quality." ________________________

FIFTH

[II-II, Q. 29, Art. 2]

Whether All Things Desire Peace?

Objection 1: It would seem that not all things desire peace. For, according to Dionysius (Div. Nom. xi), peace "unites consent." But there cannot be unity of consent in things which are devoid of knowledge. Therefore such things cannot desire peace.

Obj. 2: Further, the appetite does not tend to opposite things at the same time. Now many desire war and dissension. Therefore all men do not desire peace.

Obj. 3: Further, good alone is an object of appetite. But a certain peace is, seemingly, evil, else Our Lord would not have said (Matt. 10:34): "I came not to send peace." Therefore all things do not desire peace.

Obj. 4: Further, that which all desire is, seemingly, the sovereign good which is the last end. But this is not true of peace, since it is attainable even by a wayfarer; else Our Lord would vainly command (Mk. 9:49): "Have peace among you." Therefore all things do not desire peace.

_On the contrary,_ Augustine says (De Civ. Dei xix, 12, 14) that "all things desire peace": and Dionysius says the same (Div. Nom. xi).

_I answer that,_ From the very fact that a man desires a certain thing it follows that he desires to obtain what he desires, and, in consequence, to remove whatever may be an obstacle to his obtaining it. Now a man may be hindered from obtaining the good he desires, by a contrary desire either of his own or of some other, and both are removed by peace, as stated above. Hence it follows of necessity that whoever desires anything desires peace, in so far as he who desires anything, desires to attain, with tranquillity and without hindrance, to that which he desires: and this is what is meant by peace which Augustine defines (De Civ. Dei xix, 13) "the tranquillity of order."

Reply Obj. 1: Peace denotes union not only of the intellective or rational appetite, or of the animal appetite, in both of which consent may be found, but also of the natural appetite. Hence Dionysius says that "peace is the cause of consent and of connaturalness," where "consent" denotes the union of appetites proceeding from knowledge, and "connaturalness," the union of natural appetites.

Reply Obj. 2: Even those who seek war and dissension, desire nothing but peace, which they deem themselves not to have. For as we stated above, there is no peace when a man concords with another man counter to what he would prefer. Consequently men seek by means of war to break this concord, because it is a defective peace, in order that they may obtain peace, where nothing is contrary to their will. Hence all wars are waged that men may find a more perfect peace than that which they had heretofore.

Reply Obj. 3: Peace gives calm and unity to the appetite. Now just as the appetite may tend to what is good simply, or to what is good apparently, so too, peace may be either true or apparent. There can be no true peace except where the appetite is directed to what is truly good, since every evil, though it may appear good in a way, so as to calm the appetite in some respect, has, nevertheless many defects, which cause the appetite to remain restless and disturbed. Hence true peace is only in good men and about good things. The peace of the wicked is not a true peace but a semblance thereof, wherefore it is written (Wis. 14:22): "Whereas they lived in a great war of ignorance, they call so many and so great evils peace."

Reply Obj. 4: Since true peace is only about good things, as the true good is possessed in two ways, perfectly and imperfectly, so there is a twofold true peace. One is perfect peace. It consists in the perfect enjoyment of the sovereign good, and unites all one's desires by giving them rest in one object. This is the last end of the rational creature, according to Ps. 147:3: "Who hath placed peace in thy borders." The other is imperfect peace, which may be had in this world, for though the chief movement of the soul finds rest in God, yet there are certain things within and without which disturb the peace. _______________________

THIRD

[II-II, Q. 183, Art. 2]

Whether There Should Be Different Duties or States in the Church?

Objection 1: It would seem that there should not be different duties or states in the Church. For distinction is opposed to unity. Now the faithful of Christ are called to unity according to John 17:21, 22: "That they . . . may be one in Us . . . as We also are one." Therefore there should not be a distinction of duties and states in the Church.

Obj. 2: Further, nature does not employ many means where one suffices. But the working of grace is much more orderly than the working of nature. Therefore it were more fitting for things pertaining to the operations of grace to be administered by the same persons, so that there would not be a distinction of duties and states in the Church.

Obj. 3: Further, the good of the Church seemingly consists chiefly in peace, according to Ps. 147:3, "Who hath placed peace in thy borders," and 2 Cor. 13:11, "Have peace, and the God of peace . . . shall be with you." Now distinction is a hindrance to peace, for peace would seem to result from likeness, according to Ecclus. 13:19, "Every beast loveth its like," while the Philosopher says (Polit. vii, 5) that "a little difference causes dissension in a state." Therefore it would seem that there ought not to be a distinction of states and duties in the Church.

_On the contrary,_ It is written in praise of the Church (Ps. 44:10) that she is "surrounded with variety": and a gloss on these words says that "the Queen," namely the Church, "is bedecked with the teaching of the apostles, the confession of martyrs, the purity of virgins, the sorrowings of penitents."

_I answer that,_ The difference of states and duties in the Church regards three things. In the first place it regards the perfection of the Church. For even as in the order of natural things, perfection, which in God is simple and uniform, is not to be found in the created universe except in a multiform and manifold manner, so too, the fulness of grace, which is centered in Christ as head, flows forth to His members in various ways, for the perfecting of the body of the Church. This is the meaning of the Apostle's words (Eph. 4:11, 12): "He gave some apostles, and some prophets, and other some evangelists, and other some pastors and doctors for the perfecting of the saints." Secondly, it regards the need of those actions which are necessary in the Church. For a diversity of actions requires a diversity of men appointed to them, in order that all things may be accomplished without delay or confusion; and this is indicated by the Apostle (Rom. 12:4, 5), "As in one body we have many members, but all the members have not the same office, so we being many are one body in Christ." Thirdly, this belongs to the dignity and beauty of the Church, which consist in a certain order; wherefore it is written (3 Kings 10:4, 5) that "when the queen of Saba saw all the wisdom of Solomon . . . and the apartments of his servants, and the order of his ministers . . . she had no longer any spirit in her." Hence the Apostle says (2 Tim. 2:20) that "in a great house there are not only vessels of gold and silver, but also of wood and of earth."

Reply Obj. 1: The distinction of states and duties is not an obstacle to the unity of the Church, for this results from the unity of faith, charity, and mutual service, according to the saying of the Apostle (Eph. 4:16): "From whom the whole body being compacted," namely by faith, "and fitly joined together," namely by charity, "by what every joint supplieth," namely by one man serving another.

Reply Obj. 2: Just as nature does not employ many means where one suffices, so neither does it confine itself to one where many are required, according to the saying of the Apostle (1 Cor. 12:17), "If the whole body were the eye, where would be the hearing?" Hence there was need in the Church, which is Christ's body, for the members to be differentiated by various duties, states, and grades.

Reply Obj. 3: Just as in the natural body the various members are held together in unity by the power of the quickening spirit, and are dissociated from one another as soon as that spirit departs, so too in the Church's body the peace of the various members is preserved by the power of the Holy Spirit, Who quickens the body of the Church, as stated in John 6:64. Hence the Apostle says (Eph. 4:3): "Careful to keep the unity of the Spirit in the bond of peace." Now a man departs from this unity of spirit when he seeks his own; just as in an earthly kingdom peace ceases when the citizens seek each man his own. Besides, the peace both of mind and of an earthly commonwealth is the better preserved by a distinction of duties and states, since thereby the greater number have a share in public actions. Wherefore the Apostle says (1 Cor. 12:24, 25) that "God hath tempered (_the body_) together that there might be no schism in the body, but the members might be mutually careful one for another." _______________________

THIRD

[I-II, Q, 98, Art. 4]

Whether the Old Law Should Have Been Given to the Jews Alone?

Objection 1: It would seem that the Old Law should not have been given to the Jews alone. For the Old Law disposed men for the salvation which was to come through Christ, as stated above (AA. 2, 3). But that salvation was to come not to the Jews alone but to all nations, according to Isa. 49:6: "It is a small thing that thou shouldst be my servant to raise up the tribes of Jacob, and to convert the dregs of Israel. Behold I have given thee to be the light of the Gentiles, that thou mayest be My salvation, even to the farthest part of the earth." Therefore the Old Law should have been given to all nations, and not to one people only.

Obj. 2: Further, according to Acts 10:34, 35, "God is not a respecter of persons: but in every nation, he that feareth Him, and worketh justice, is acceptable to Him." Therefore the way of salvation should not have been opened to one people more than to another.

Obj. 3: Further, the law was given through the angels, as stated above (A. 3). But God always vouchsafed the ministrations of the angels not to the Jews alone, but to all nations: for it is written (Ecclus. 17:14): "Over every nation He set a ruler." Also on all nations He bestows temporal goods, which are of less account with God than spiritual goods. Therefore He should have given the Law also to all peoples.

_On the contrary,_ It is written (Rom. 3:1, 2): "What advantage then hath the Jew? . . . Much every way. First indeed, because the words of God were committed to them": and (Ps. 147:9): "He hath not done in like manner to every nation: and His judgments He hath not made manifest unto them."

_I answer that,_ It might be assigned as a reason for the Law being given to the Jews rather than to other peoples, that the Jewish people alone remained faithful to the worship of one God, while the others turned away to idolatry; wherefore the latter were unworthy to receive the Law, lest a holy thing should be given to dogs.

But this reason does not seem fitting: because that people turned to idolatry, even after the Law had been made, which was more grievous, as is clear from Ex. 32 and from Amos 5:25, 26: "Did you offer victims and sacrifices to Me in the desert for forty years, O house of Israel? But you carried a tabernacle for your Moloch, and the image of your idols, the star of your god, which you made to yourselves." Moreover it is stated expressly (Deut. 9:6): "Know therefore that the Lord thy God giveth thee not this excellent land in possession for thy justices, for thou art a very stiff-necked people": but the real reason is given in the preceding verse: "That the Lord might accomplish His word, which He promised by oath to thy fathers Abraham, Isaac, and Jacob."

What this promise was is shown by the Apostle, who says (Gal. 3:16) that "to Abraham were the promises made and to his seed. He saith not, 'And to his seeds,' as of many: but as of one, 'And to thy seed,' which is Christ." And so God vouchsafed both the Law and other special boons to that people, on account of the promised made to their fathers that Christ should be born of them. For it was fitting that the people, of whom Christ was to be born, should be signalized by a special sanctification, according to the words of Lev. 19:2: "Be ye holy, because I . . . am holy." Nor again was it on account of the merit of Abraham himself that this promise was made to him, viz. that Christ should be born of his seed: but of gratuitous election and vocation. Hence it is written (Isa. 41:2): "Who hath raised up the just one form the east, hath called him to follow him?"

It is therefore evident that it was merely from gratuitous election that the patriarchs received the promise, and that the people sprung from them received the law; according to Deut. 4:36, 37: "Ye did [Vulg.: 'Thou didst'] hear His words out of the midst of the fire, because He loved thy fathers, and chose their seed after them." And if again it asked why He chose this people, and not another, that Christ might be born thereof; a fitting answer is given by Augustine (Tract. super Joan. xxvi): "Why He draweth one and draweth not another, seek not thou to judge, if thou wish not to err."

Reply Obj. 1: Although the salvation, which was to come through Christ, was prepared for all nations, yet it was necessary that Christ should be born of one people, which, for this reason, was privileged above other peoples; according to Rom. 9:4: "To whom," namely the Jews, "belongeth the adoption as of children (of God) . . . and the testament, and the giving of the Law . . . whose are the fathers, and of whom is Christ according to the flesh."

Reply Obj. 2: Respect of persons takes place in those things which are given according to due; but it has no place in those things which are bestowed gratuitously. Because he who, out of generosity, gives of his own to one and not to another, is not a respecter of persons: but if he were a dispenser of goods held in common, and were not to distribute them according to personal merits, he would be a respecter of persons. Now God bestows the benefits of salvation on the human race gratuitously: wherefore He is not a respecter of persons, if He gives them to some rather than to others. Hence Augustine says (De Praedest. Sanct. viii): "All whom God teaches, he teaches out of pity; but whom He teaches not, out of justice He teaches not": for this is due to the condemnation of the human race for the sin of the first parent.

Reply Obj. 3: The benefits of grace are forfeited by man on account of sin: but not the benefits of nature. Among the latter are the ministries of the angels, which the very order of various natures demands, viz. that the lowest beings be governed through the intermediate beings: and also bodily aids, which God vouchsafes not only to men, but also to beasts, according to Ps. 35:7: "Men and beasts Thou wilt preserve, O Lord." ________________________

FIFTH

[I-II, Q. 105, 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 (Deut. 23:24): "Going into thy neighbor's vineyard, thou mayest eat as many grapes as thou pleasest." Therefore the Old Law did not make suitable provisions for man's peace.

Obj. 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 dieth without a son, his inheritance shall pass to his daughter." Therefore the Law made unsuitable provision for the welfare of the people.

Obj. 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.

Obj. 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 (Deut. 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 (Deut. 24:10): "When thou shalt demand of thy neighbor any thing that he oweth thee, thou shalt not go into his house to take away a pledge"; and again (Deut. 24:12, 13): "The pledge shall not lodge with thee that night, but thou shalt restore it to him presently." Therefore the Law made insufficient provision in the matter of loans.

Obj. 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 Mac. 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.

Obj. 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 hath been hired by thee shall not abide with thee until morning."

Obj. 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 (Deut. 17:8, 9) should command them to go to a fixed place to ask for judgment on doubtful matters.

Obj. 8: Further, it is possible that not only two, but three or more, should agree to tell a lie. Therefore it is unreasonably stated (Deut. 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 (Deut. 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 (Deut. 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 10: Further, as Augustine says (De Civ. Dei xxi, 11), "Tully 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 (Deut. 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" (Deut. 25:9). It prescribed the "death" penalty, as is clear from (Lev. 20:9): "He that curseth 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 11: 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 12: 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 (Deut. 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 hath 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 hath not done in like manner to every nation; and His judgments He hath not made manifest to them."

_I answer that,_ As Augustine says (De Civ. Dei ii, 21), quoting Tully, "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 Deut. 16:18: "Thou shalt appoint judges and magistrates in all its [Vulg.: 'thy'] gates . . . that they may judge the people with just judgment." It is also directed the manner of pronouncing just judgments, according to Deut. 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; Deut. 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 irregularity 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 (Deut. 22:1-4): "Thou shalt not pass by, if thou seest thy brother's ox or his sheep go astray; but thou shalt bring them back to thy 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; Deut. 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 (Deut. 14:28, 29): "The third day thou shalt 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 Obj. 1: As the Apostle says (Rom. 13:8), "he that loveth his neighbor hath 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 John 3:17: "He that . . . shall see his brother in need, and shall shut up his bowels from him: how doth 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, lest 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 Obj. 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 Obj. 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 hath 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 Obj. 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 Deut. 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 (Deut. 23:19): "Thou shalt not lend to thy brother money to usury": and (Deut. 24:6): "Thou shalt not take the nether nor the upper millstone to pledge; for he hath pledged his life to thee": and (Ex. 22:26): "If thou take of thy neighbor a garment in pledge, thou shalt give it him again before sunset." Thirdly, by forbidding them to be importunate in exacting payment. Hence it is written (Ex. 22:25): "If thou lend money to any of my people that is poor that dwelleth with thee, thou shalt not be hard upon them as an extortioner." For this reason, too, it is enacted (Deut. 24:10, 11): "When thou shalt demand of thy neighbor anything that he oweth thee, thou shalt not go into his house to take away a pledge, but thou shalt stand without, and he shall bring out to thee what he hath": 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 Obj. 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 Obj. 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, lest 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 Obj. 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 (Deut. 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 (Deut. 17:8, 9): "If thou perceive that there be among you a hard and doubtful matter in judgment . . . and thou see that the words of the judges within thy gates do vary; arise and go up to the place, which the Lord thy God shall choose; and thou shalt 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 Obj. 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 Deut. 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 Ghost is the bond of the other two Persons; and sometimes as three: as Augustine observes on John 8:17: "In your law it is written that the testimony of two men is true."

Reply Obj. 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 (Deut. 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 sinneth 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. Deut. 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 (Q. 100, A. 5): wherefore he was slain as an unbeliever.

Reply Obj. 10: 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 Kings 26:19) that David said to Saul: "They are cursed in the sight of the Lord, who have cast 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 Deut. 19:4 [*Cf. Num. 35:25] that "he that striketh [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 Obj. 11: 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 avoid the danger) than if it had taken to butting suddenly.--Or again, the animal was slain in detestation of the sin; and lest men should be horrified at the sight thereof.

Reply Obj. 12: 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. ________________________

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