[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. ________________________

THIRD

[II-II, Q. 60, Art. 2]

Whether It Is Lawful to Judge?

Objection 1: It would seem unlawful to judge. For nothing is punished except what is unlawful. Now those who judge are threatened with punishment, which those who judge not will escape, according to Matt. 7:1, "Judge not, and ye shall not be judged." Therefore it is unlawful to judge.

Obj. 2: Further, it is written (Rom. 14:4): "Who art thou that judgest another man's servant[?] To his own lord he standeth or falleth." Now God is the Lord of all. Therefore to no man is it lawful to judge.

Obj. 3: Further, no man is sinless, according to 1 John 1:8, "If we say that we have no sin, we deceive ourselves." Now it is unlawful for a sinner to judge, according to Rom. 2:1, "Thou art inexcusable, O man, whosoever thou art, that judgest; for wherein thou judgest another, thou condemnest thyself, for thou dost the same things which thou judgest." Therefore to no man is it lawful to judge.

_On the contrary,_ It is written (Deut. 16:18): "Thou shalt appoint judges and magistrates in all thy gates . . . that they may judge the people with just judgment."

_I answer that,_ Judgment is lawful in so far as it is an act of justice. Now it follows from what has been stated above (A. 1, ad 1, 3) that three conditions are requisite for a judgment to be an act of justice: first, that it proceed from the inclination of justice; secondly, that it come from one who is in authority; thirdly, that it be pronounced according to the right ruling of prudence. If any one of these be lacking, the judgment will be faulty and unlawful. First, when it is contrary to the rectitude of justice, and then it is called "perverted" or "unjust": secondly, when a man judges about matters wherein he has no authority, and this is called judgment "by usurpation": thirdly, when the reason lacks certainty, as when a man, without any solid motive, forms a judgment on some doubtful or hidden matter, and then it is called judgment by "suspicion" or "rash" judgment.

Reply Obj. 1: In these words our Lord forbids rash judgment which is about the inward intention, or other uncertain things, as Augustine states (De Serm. Dom. in Monte ii, 18). Or else He forbids judgment about Divine things, which we ought not to judge, but simply believe, since they are above us, as Hilary declares in his commentary on Matt. 5. Or again according to Chrysostom [*Hom. xvii in Matth. in the Opus Imperfectum falsely ascribed to St. John Chrysostom], He forbids the judgment which proceeds not from benevolence but from bitterness of heart.

Reply Obj. 2: A judge is appointed as God's servant; wherefore it is written (Deut. 1:16): "Judge that which is just," and further on (Deut. 1:17), "because it is the judgment of God."

Reply Obj. 3: Those who stand guilty of grievous sins should not judge those who are guilty of the same or lesser sins, as Chrysostom [*Hom. xxiv] says on the words of Matt. 7:1, "Judge not." Above all does this hold when such sins are public, because there would be an occasion of scandal arising in the hearts of others. If however they are not public but hidden, and there be an urgent necessity for the judge to pronounce judgment, because it is his duty, he can reprove or judge with humility and fear. Hence Augustine says (De Serm. Dom. in Monte ii, 19): "If we find that we are guilty of the same sin as another man, we should groan together with him, and invite him to strive against it together with us." And yet it is not through acting thus that a man condemns himself so as to deserve to be condemned once again, but when, in condemning another, he shows himself to be equally deserving of condemnation on account of another or a like sin. _______________________

THIRD

[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. ________________________

THIRD

[II-II, Q., 40, Art. 3]

Whether It Is Lawful to Lay Ambushes in War?

Objection 1: It would seem that it is unlawful to lay ambushes in war. For it is written (Deut. 16:20): "Thou shalt follow justly after that which is just." But ambushes, since they are a kind of deception, seem to pertain to injustice. Therefore it is unlawful to lay ambushes even in a just war.

Obj. 2: Further, ambushes and deception seem to be opposed to faithfulness even as lies are. But since we are bound to keep faith with all men, it is wrong to lie to anyone, as Augustine states (Contra Mend. xv). Therefore, as one is bound to keep faith with one's enemy, as Augustine states (Ep. ad Bonif. clxxxix), it seems that it is unlawful to lay ambushes for one's enemies.

Obj. 3: Further, it is written (Matt. 7:12): "Whatsoever you would that men should do to you, do you also to them": and we ought to observe this in all our dealings with our neighbor. Now our enemy is our neighbor. Therefore, since no man wishes ambushes or deceptions to be prepared for himself, it seems that no one ought to carry on war by laying ambushes.

_On the contrary,_ Augustine says (QQ. in Hept. qu. x super Jos): "Provided the war be just, it is no concern of justice whether it be carried on openly or by ambushes": and he proves this by the authority of the Lord, Who commanded Joshua to lay ambushes for the city of Hai (Joshua 8:2).

_I answer that,_ The object of laying ambushes is in order to deceive the enemy. Now a man may be deceived by another's word or deed in two ways. First, through being told something false, or through the breaking of a promise, and this is always unlawful. No one ought to deceive the enemy in this way, for there are certain "rights of war and covenants, which ought to be observed even among enemies," as Ambrose states (De Officiis i).

Secondly, a man may be deceived by what we say or do, because we do not declare our purpose or meaning to him. Now we are not always bound to do this, since even in the Sacred Doctrine many things have to be concealed, especially from unbelievers, lest they deride it, according to Matt. 7:6: "Give not that which is holy, to dogs." Wherefore much more ought the plan of campaign to be hidden from the enemy. For this reason among other things that a soldier has to learn is the art of concealing his purpose lest it come to the enemy's knowledge, as stated in the Book on _Strategy_ [*Stratagematum i, 1] by Frontinus. Such like concealment is what is meant by an ambush which may be lawfully employed in a just war.

Nor can these ambushes be properly called deceptions, nor are they contrary to justice or to a well-ordered will. For a man would have an inordinate will if he were unwilling that others should hide anything from him.

This suffices for the Replies to the Objections. _______________________

FOURTH

[I-II, Q. 102, Art. 4]

Whether Sufficient Reason Can Be Assigned for the Ceremonies Pertaining to Holy Things?

Objection 1: It would seem that no sufficient reason can be assigned for the ceremonies of the Old Law that pertain to holy things. For Paul said (Acts 17:24): "God Who made the world and all things therein; He being Lord of heaven and earth, dwelleth not in temples made by hands." It was therefore unfitting that in the Old Law a tabernacle or temple should be set up for the worship of God.

Obj. 2: Further, the state of the Old Law was not changed except by Christ. But the tabernacle denoted the state of the Old Law. Therefore it should not have been changed by the building of a temple.

Obj. 3: Further, the Divine Law, more than any other indeed, should lead man to the worship of God. But an increase of divine worship requires multiplication of altars and temples; as is evident in regard to the New Law. Therefore it seems that also under the Old Law there should have been not only one tabernacle or temple, but many.

Obj. 4: Further, the tabernacle or temple was ordained to the worship of God. But in God we should worship above all His unity and simplicity. Therefore it seems unbecoming for the tabernacle or temple to be divided by means of veils.

Obj. 5: Further, the power of the First Mover, i.e. God, appears first of all in the east, for it is in that quarter that the first movement begins. But the tabernacle was set up for the worship of God. Therefore it should have been built so as to point to the east rather than the west.

Obj. 6: Further, the Lord commanded (Ex. 20:4) that they should "not make . . . a graven thing, nor the likeness of anything." It was therefore unfitting for graven images of the cherubim to be set up in the tabernacle or temple. In like manner, the ark, the propitiatory, the candlestick, the table, the two altars, seem to have been placed there without reasonable cause.

Obj. 7: Further, the Lord commanded (Ex. 20:24): "You shall make an altar of earth unto Me": and again (Ex. 20:26): "Thou shalt not go up by steps unto My altar." It was therefore unfitting that subsequently they should be commanded to make an altar of wood laid over with gold or brass; and of such a height that it was impossible to go up to it except by steps. For it is written (Ex. 27:1, 2): "Thou shalt make also an altar of setim wood, which shall be five cubits long, and as many broad . . . and three cubits high . . . and thou shalt cover it with brass": and (Ex. 30:1, 3): "Thou shalt make . . . an altar to burn incense, of setim wood . . . and thou shalt overlay it with the purest gold."

Obj. 8: Further, in God's works nothing should be superfluous; for not even in the works of nature is anything superfluous to be found. But one cover suffices for one tabernacle or house. Therefore it was unbecoming to furnish the tabernacle with many coverings, viz. curtains, curtains of goats' hair, rams' skins dyed red, and violet-colored skins (Ex. 26).

Objection 9: Further, exterior consecration signifies interior holiness, the subject of which is the soul. It was therefore unsuitable for the tabernacle and its vessels to be consecrated, since they were inanimate things.

Objection 10: Further, it is written (Ps. 33:2): "I will bless the Lord at all times, His praise shall always be in my mouth." But the solemn festivals were instituted for the praise of God. Therefore it was not fitting that certain days should be fixed for keeping solemn festivals; so that it seems that there was no suitable cause for the ceremonies relating to holy things.

_On the contrary,_ The Apostle says (Heb. 8:4) that those who "offer gifts according to the law . . . serve unto the example and shadow of heavenly things. As it was answered to Moses, when he was to finish the tabernacle: See, says He, that thou make all things according to the pattern which was shown thee on the mount." But that is most reasonable, which presents a likeness to heavenly things. Therefore the ceremonies relating to holy things had a reasonable cause.

_I answer that,_ The chief purpose of the whole external worship is that man may give worship to God. Now man's tendency is to reverence less those things which are common, and indistinct from other things; whereas he admires and reveres those things which are distinct from others in some point of excellence. Hence too it is customary among men for kings and princes, who ought to be reverenced by their subjects, to be clothed in more precious garments, and to possess vaster and more beautiful abodes. And for this reason it behooved special times, a special abode, special vessels, and special ministers to be appointed for the divine worship, so that thereby the soul of man might be brought to greater reverence for God.

In like manner the state of the Old Law, as observed above (A. 2; Q. 100, A. 12; Q. 101, A. 2), was instituted that it might foreshadow the mystery of Christ. Now that which foreshadows something should be determinate, so that it may present some likeness thereto. Consequently, certain special points had to be observed in matters pertaining to the worship of God.

Reply Obj. 1: The divine worship regards two things: namely, God Who is worshipped; and men, who worship Him. Accordingly God, Who is worshipped, is confined to no bodily place: wherefore there was no need, on His part, for a tabernacle or temple to be set up. But men, who worship Him, are corporeal beings: and for their sake there was need for a special tabernacle or temple to be set up for the worship of God, for two reasons. First, that through coming together with the thought that the place was set aside for the worship of God, they might approach thither with greater reverence. Secondly, that certain things relating to the excellence of Christ's Divine or human nature might be signified by the arrangement of various details in such temple or tabernacle.

To this Solomon refers (3 Kings 8:27) when he says: "If heaven and the heavens of heavens cannot contain Thee, how much less this house which I have built" for Thee? And further on (3 Kings 8:29, 20) he adds: "That Thy eyes may be open upon this house . . . of which Thou hast said: My name shall be there; . . . that Thou mayest hearken to the supplication of Thy servant and of Thy people Israel." From this it is evident that the house of the sanctuary was set up, not in order to contain God, as abiding therein locally, but that God might be made known there by means of things done and said there; and that those who prayed there might, through reverence for the place, pray more devoutly, so as to be heard more readily.

Reply Obj. 2: Before the coming of Christ, the state of the Old Law was not changed as regards the fulfilment of the Law, which was effected in Christ alone: but it was changed as regards the condition of the people that were under the Law. Because, at first, the people were in the desert, having no fixed abode: afterwards they were engaged in various wars with the neighboring nations; and lastly, at the time of David and Solomon, the state of that people was one of great peace. And then for the first time the temple was built in the place which Abraham, instructed by God, had chosen for the purpose of sacrifice. For it is written (Gen. 22:2) that the Lord commanded Abraham to "offer" his son "for a holocaust upon one of the mountains which I will show thee": and it is related further on (Gen. 22:14) that "he calleth the name of that place, The Lord seeth," as though, according to the Divine prevision, that place were chosen for the worship of God. Hence it is written (Deut. 12:5, 6): "You shall come to the place which the Lord your God shall choose . . . and you shall offer . . . your holocausts and victims."

Now it was not meet for that place to be pointed out by the building of the temple before the aforesaid time; for three reasons assigned by Rabbi Moses. First, lest the Gentiles might seize hold of that place. Secondly, lest the Gentiles might destroy it. The third reason is lest each tribe might wish that place to fall to their lot, and strifes and quarrels be the result. Hence the temple was not built until they had a king who would be able to quell such quarrels. Until that time a portable tabernacle was employed for divine worship, no place being as yet fixed for the worship of God. This is the literal reason for the distinction between the tabernacle and the temple.

The figurative reason may be assigned to the fact that they signify a twofold state. For the tabernacle, which was changeable, signifies the state of the present changeable life: whereas the temple, which was fixed and stable, signifies the state of future life which is altogether unchangeable. For this reason it is said that in the building of the temple no sound was heard of hammer or saw, to signify that all movements of disturbance will be far removed from the future state. Or else the tabernacle signifies the state of the Old Law; while the temple built by Solomon betokens the state of the New Law. Hence the Jews alone worked at the building of the tabernacle; whereas the temple was built with the cooperation of the Gentiles, viz. the Tyrians and Sidonians.

Reply Obj. 3: The reason for the unity of the temple or tabernacle may be either literal or figurative. The literal reason was the exclusion of idolatry. For the Gentiles put up various temples to various gods: and so, to strengthen in the minds of men their belief in the unity of the Godhead, God wished sacrifices to be offered to Him in one place only. Another reason was in order to show that bodily worship is not acceptable of itself: and so they restrained from offering sacrifices anywhere and everywhere. But the worship of the New Law, in the sacrifice whereof spiritual grace is contained, is of itself acceptable to God; and consequently the multiplication of altars and temples is permitted in the New Law.

As to those matters that regarded the spiritual worship of God, consisting in the teaching of the Law and the Prophets, there were, even under the Old Law, various places, called synagogues, appointed for the people to gather together for the praise of God; just as now there are places called churches in which the Christian people gather together for the divine worship. Thus our church takes the place of both temple and synagogue: since the very sacrifice of the Church is spiritual; wherefore with us the place of sacrifice is not distinct from the place of teaching. The figurative reason may be that hereby is signified the unity of the Church, whether militant or triumphant.

Reply Obj. 4: Just as the unity of the temple or tabernacle betokened the unity of God, or the unity of the Church, so also the division of the tabernacle or temple signified the distinction of those things that are subject to God, and from which we arise to the worship of God. Now the tabernacle was divided into two parts: one was called the "Holy of Holies," and was placed to the west; the other was called the "Holy Place" [*Or 'Sanctuary'. The Douay version uses both expressions], which was situated to the east. Moreover there was a court facing the tabernacle. Accordingly there are two reasons for this distinction. One is in respect of the tabernacle being ordained to the worship of God. Because the different parts of the world are thus betokened by the division of the tabernacle. For that part which was called the Holy of Holies signified the higher world, which is that of spiritual substances: while that part which is called the Holy Place signified the corporeal world. Hence the Holy Place was separated from the Holy of Holies by a veil, which was of four different colors (denoting the four elements), viz. of linen, signifying earth, because linen, i.e. flax, grows out of the earth; purple, signifying water, because the purple tint was made from certain shells found in the sea; violet, signifying air, because it has the color of the air; and scarlet twice dyed, signifying fire: and this because matter composed of the four elements is a veil between us and incorporeal substances. Hence the high-priest alone, and that once a year, entered into the inner tabernacle, i.e. the Holy of Holies: whereby we are taught that man's final perfection consists in his entering into that (higher) world: whereas into the outward tabernacle, i.e. the Holy Place, the priests entered every day: whereas the people were only admitted to the court; because the people were able to perceived material things, the inner nature of which only wise men by dint of study are able to discover.

But with regard to the figurative reason, the outward tabernacle, which was called the Holy Place, betokened the state of the Old Law, as the Apostle says (Heb. 9:6, seqq.): because into that tabernacle "the priests always entered accomplishing the offices of sacrifices." But the inner tabernacle, which was called the Holy of Holies, signified either the glory of heaven or the spiritual state of the New Law to come. To the latter state Christ brought us; and this was signified by the high-priest entering alone, once a year, into the Holy of Holies. The veil betokened the concealing of the spiritual sacrifices under the sacrifices of old. This veil was adorned with four colors: viz. that of linen, to designate purity of the flesh; purple, to denote the sufferings which the saints underwent for God; scarlet twice dyed, signifying the twofold love of God and our neighbor; and violet, in token of heavenly contemplation. With regard to the state of the Old Law the people and the priests were situated differently from one another. For the people saw the mere corporeal sacrifices which were offered in the court: whereas the priests were intent on the inner meaning of the sacrifices, because their faith in the mysteries of Christ was more explicit. Hence they entered into the outer tabernacle. This outer tabernacle was divided from the court by a veil; because some matters relating to the mystery of Christ were hidden from the people, while they were known to the priests: though they were not fully revealed to them, as they were subsequently in the New Testament (cf. Eph. 3:5).

Reply Obj. 5: Worship towards the west was introduced in the Law to the exclusion of idolatry: because all the Gentiles, in reverence to the sun, worshipped towards the east; hence it is written (Ezech. 8:16) that certain men "had their backs towards the temple of the Lord, and their faces to the east, and they adored towards the rising of the sun." Accordingly, in order to prevent this, the tabernacle had the Holy of Holies to westward, that they might adore toward the west. A figurative reason may also be found in the fact that the whole state of the first tabernacle was ordained to foreshadow the death of Christ, which is signified by the west, according to Ps. 67:5: "Who ascendeth unto the west; the Lord is His name."

Reply Obj. 6: Both literal and figurative reasons may be assigned for the things contained in the tabernacle. The literal reason is in connection with the divine worship. And because, as already observed (ad 4), the inner tabernacle, called the Holy of Holies, signified the higher world of spiritual substances, hence that tabernacle contained three things, viz. "the ark of the testament in which was a golden pot that had manna, and the rod of Aaron that had blossomed, and the tables" (Heb. 9:4) on which were written the ten commandments of the Law. Now the ark stood between two "cherubim" that looked one towards the other: and over the ark was a table, called the "propitiatory," raised above the wings of the cherubim, as though it were held up by them; and appearing, to the imagination, to be the very seat of God. For this reason it was called the "propitiatory," as though the people received propitiation thence at the prayers of the high-priest. And so it was held up, so to speak, by the cherubim, in obedience, as it were, to God: while the ark of the testament was like the foot-stool to Him that sat on the propitiatory. These three things denote three things in that higher world: namely, God Who is above all, and incomprehensible to any creature. Hence no likeness of Him was set up; to denote His invisibility. But there was something to represent his seat; since, to wit, the creature, which is beneath God, as the seat under the sitter, is comprehensible. Again in that higher world there are spiritual substances called angels. These are signified by the two cherubim, looking one towards the other, to show that they are at peace with one another, according to Job 25:2: "Who maketh peace in . . . high places." For this reason, too, there was more than one cherub, to betoken the multitude of heavenly spirits, and to prevent their receiving worship from those who had been commanded to worship but one God. Moreover there are, enclosed as it were in that spiritual world, the intelligible types of whatsoever takes place in this world, just as in every cause are enclosed the types of its effects, and in the craftsman the types of the works of his craft. This was betokened by the ark, which represented, by means of the three things it contained, the three things of greatest import in human affairs. These are wisdom, signified by the tables of the testament; the power of governing, betokened by the rod of Aaron; and life, betokened by the manna which was the means of sustenance. Or else these three things signified the three Divine attributes, viz. wisdom, in the tables; power, in the rod; goodness, in the manna--both by reason of its sweetness, and because it was through the goodness of God that it was granted to man, wherefore it was preserved as a memorial of the Divine mercy. Again, these three things were represented in Isaias' vision. For he "saw the Lord sitting upon a throne high and elevated"; and the seraphim standing by; and that the house was filled with the glory of the Lord; wherefrom the seraphim cried out: "All the earth is full of His glory" (Isa. 6:1, 3). And so the images of the seraphim were set up, not to be worshipped, for this was forbidden by the first commandment; but as a sign of their function, as stated above.

The outer tabernacle, which denotes this present world, also contained three things, viz. the "altar of incense," which was directly opposite the ark; the "table of proposition," with the twelve loaves of proposition on it, which stood on the northern side; and the "candlestick," which was placed towards the south. These three things seem to correspond to the three which were enclosed in the ark; and they represented the same things as the latter, but more clearly: because, in order that wise men, denoted by the priests entering the temple, might grasp the meaning of these types, it was necessary to express them more manifestly than they are in the Divine or angelic mind. Accordingly the candlestick betokened, as a sensible sign thereof, the wisdom which was expressed on the tables (of the Law) in intelligible words. The altar of incense signified the office of the priest, whose duty it was to bring the people to God: and this was signified also by the rod: because on that altar the sweet-smelling incense was burnt, signifying the holiness of the people acceptable to God: for it is written (Apoc. 8:3) that the smoke of the sweet-smelling spices signifies the "justifications of the saints" (cf. Apoc. 19:8). Moreover it was fitting that the dignity of the priesthood should be denoted, in the ark, by the rod, and, in the outer tabernacle, by the altar of incense: because the priest is the mediator between God and the people, governing the people by Divine power, denoted by the rod; and offering to God the fruit of His government, i.e. the holiness of the people, on the altar of incense, so to speak. The table signified the sustenance of life, just as the manna did: but the former, a more general and a coarser kind of nourishment; the latter, a sweeter and more delicate. Again, the candlestick was fittingly placed on the southern side, while the table was placed to the north: because the south is the right-hand side of the world, while the north is the left-hand side, as stated in _De Coelo et Mundo_ ii; and wisdom, like other spiritual goods, belongs to the right hand, while temporal nourishment belongs on the left, according to Prov. 3:16: "In her left hand (are) riches and glory." And the priestly power is midway between temporal goods and spiritual wisdom; because thereby both spiritual wisdom and temporal goods are dispensed.

Another literal signification may be assigned. For the ark contained the tables of the Law, in order to prevent forgetfulness of the Law, wherefore it is written (Ex. 24:12): "I will give thee two tables of stone, and the Law, and the commandments which I have written: that thou mayest teach them" to the children of Israel. The rod of Aaron was placed there to restrain the people from insubordination to the priesthood of Aaron; wherefore it is written (Num. 17:10): "Carry back the rod of Aaron into the tabernacle of the testimony, that it may be kept there for a token of the rebellious children of Israel." The manna was kept in the ark to remind them of the benefit conferred by God on the children of Israel in the desert; wherefore it is written (Ex. 16:32): "Fill a gomor of it, and let it be kept unto generations to come hereafter, that they may know the bread wherewith I fed you in the wilderness." The candlestick was set up to enhance the beauty of the temple, for the magnificence of a house depends on its being well lighted. Now the candlestick had seven branches, as Josephus observes (Antiquit. iii, 7, 8), to signify the seven planets, wherewith the whole world is illuminated. Hence the candlestick was placed towards the south; because for us the course of the planets is from that quarter. The altar of incense was instituted that there might always be in the tabernacle a sweet-smelling smoke; both through respect for the tabernacle, and as a remedy for the stenches arising from the shedding of blood and the slaying of animals. For men despise evil-smelling things as being vile, whereas sweet-smelling things are much appreciated. The table was placed there to signify that the priests who served the temple should take their food in the temple: wherefore, as stated in Matt. 12:4, it was lawful for none but the priests to eat the twelve loaves which were put on the table in memory of the twelve tribes. And the table was not placed in the middle directly in front of the propitiatory, in order to exclude an idolatrous rite: for the Gentiles, on the feasts of the moon, set up a table in front of the idol of the moon, wherefore it is written (Jer. 7:18): "The women knead the dough, to make cakes to the queen of heaven."

In the court outside the tabernacle was the altar of holocausts, on which sacrifices of those things which the people possessed were offered to God: and consequently the people who offered these sacrifices to God by the hands of the priest could be present in the court. But the priests alone, whose function it was to offer the people to God, could approach the inner altar, whereon the very devotion and holiness of the people was offered to God. And this altar was put up outside the tabernacle and in the court, to the exclusion of idolatrous worship: for the Gentiles placed altars inside the temples to offer up sacrifices thereon to idols.

The figurative reason for all these things may be taken from the relation of the tabernacle to Christ, who was foreshadowed therein. Now it must be observed that to show the imperfection of the figures of the Law, various figures were instituted in the temple to betoken Christ. For He was foreshadowed by the "propitiatory," since He is "a propitiation for our sins" (1 John 2:2). This propitiatory was fittingly carried by cherubim, since of Him it is written (Heb. 1:6): "Let all the angels of God adore Him." He is also signified by the ark: because just as the ark was made of setim-wood, so was Christ's body composed of most pure members. More over it was gilded: for Christ was full of wisdom and charity, which are betokened by gold. And in the ark was a golden pot, i.e. His holy soul, having manna, i.e. "all the fulness of the Godhead" (Col. 2:9). Also there was a rod in the ark, i.e. His priestly power: for "He was made a . . . priest for ever" (Heb. 6:20). And therein were the tables of the Testament, to denote that Christ Himself is a lawgiver. Again, Christ was signified by the candlestick, for He said Himself (John 8:12): "I am the Light of the world"; while the seven lamps denoted the seven gifts of the Holy Ghost. He is also betokened in the table, because He is our spiritual food, according to John 6:41, 51: "I am the living bread": and the twelve loaves signified the twelve apostles, or their teaching. Or again, the candlestick and table may signify the Church's teaching, and faith, which also enlightens and refreshes. Again, Christ is signified by the two altars of holocausts and incense. Because all works of virtue must be offered to us to God through Him; both those whereby we afflict the body, which are offered, as it were, on the altar of holocausts; and those which, with greater perfection of mind, are offered to God in Christ, by the spiritual desires of the perfect, on the altar of incense, as it were, according to Heb. 13:15: "By Him therefore let us offer the sacrifice of praise always to God."

Reply Obj. 7: The Lord commanded an altar to be made for the offering of sacrifices and gifts, in honor of God, and for the upkeep of the ministers who served the tabernacle. Now concerning the construction of the altar the Lord issued a twofold precept. One was at the beginning of the Law (Ex. 20:24, seqq.) when the Lord commanded them to make "an altar of earth," or at least "not of hewn stones"; and again, not to make the altar high, so as to make it necessary to "go up" to it "by steps." This was in detestation of idolatrous worship: for the Gentiles made their altars ornate and high, thinking that there was something holy and divine in such things. For this reason, too, the Lord commanded (Deut. 16:21): "Thou shalt plant no grove, nor any tree near the altar of the Lord thy God": since idolaters were wont to offer sacrifices beneath trees, on account of the pleasantness and shade afforded by them. There was also a figurative reason for these precepts. Because we must confess that in Christ, Who is our altar, there is the true nature of flesh, as regards His humanity--and this is to make an altar of earth; and again, in regard to His Godhead, we must confess His equality with the Father--and this is "not to go up" to the altar by steps. Moreover we should not couple the doctrine of Christ to that of the Gentiles, which provokes men to lewdness.

But when once the tabernacle had been constructed to the honor of God, there was no longer reason to fear these occasions of idolatry. Wherefore the Lord commanded the altar of holocausts to be made of brass, and to be conspicuous to all the people; and the altar of incense, which was visible to none but the priests. Nor was brass so precious as to give the people an occasion for idolatry.

Since, however, the reason for the precept, "Thou shalt not go up by steps unto My altar" (Ex. 20:26) is stated to have been "lest thy nakedness be discovered," it should be observed that this too was instituted with the purpose of preventing idolatry, for in the feasts of Priapus the Gentiles uncovered their nakedness before the people. But later on the priests were prescribed the use of loin-cloths for the sake of decency: so that without any danger the altar could be placed so high that the priests when offering sacrifices would go up by steps of wood, not fixed but movable.

Reply Obj. 8: The body of the tabernacle consisted of boards placed on end, and covered on the inside with curtains of four different colors, viz. twisted linen, violet, purple, and scarlet twice dyed. These curtains, however, covered the sides only of the tabernacle; and the roof of the tabernacle was covered with violet-colored skins; and over this there was another covering of rams' skins dyed red; and over this there was a third curtain made of goats' hair, which covered not only the roof of the tabernacle, but also reached to the ground and covered the boards of the tabernacle on the outside. The literal reason of these coverings taken altogether was the adornment and protection of the tabernacle, that it might be an object of respect. Taken singly, according to some, the curtains denoted the starry heaven, which is adorned with various stars; the curtain (of goats' skin) signified the waters which are above the firmament; the skins dyed red denoted the empyrean heaven, where the angels are; the violet skins, the heaven of the Blessed Trinity.

The figurative meaning of these things is that the boards of which the tabernacle was constructed signify the faithful of Christ, who compose the Church. The boards were covered on the inner side by curtains of four colors: because the faithful are inwardly adorned with the four virtues: for "the twisted linen," as the gloss observes, "signifies the flesh refulgent with purity; violet signifies the mind desirous of heavenly things; purple denotes the flesh subject to passions; the twice dyed scarlet betokens the mind in the midst of the passions enlightened by the love of God and our neighbor." The coverings of the building designate prelates and doctors, who ought to be conspicuous for their heavenly manner of life, signified by the violet colored skins: and who should also be ready to suffer martyrdom, denoted by the skins dyed red; and austere of life and patient in adversity, betokened by the curtains of goats' hair, which were exposed to wind and rain, as the gloss observes.

Reply Obj. 9: The literal reason for the sanctification of the tabernacle and vessels was that they might be treated with greater reverence, being deputed, as it were, to the divine worship by this consecration. The figurative reason is that this sanctification signified the sanctification of the living tabernacle, i.e. the faithful of whom the Church of Christ is composed.

Reply Obj. 10: Under the Old Law there were seven temporal solemnities, and one continual solemnity, as may be gathered from Num. 28, 29. There was a continual feast, since the lamb was sacrificed every day, morning and evening: and this continual feast of an abiding sacrifice signified the perpetuity of Divine bliss. Of the temporal feasts the first was that which was repeated every week. This was the solemnity of the "Sabbath," celebrated in memory of the work of the creation of the universe. Another solemnity, viz. the "New Moon," was repeated every month, and was observed in memory of the work of the Divine government. For the things of this lower world owe their variety chiefly to the movement of the moon; wherefore this feast was kept at the new moon: and not at the full moon, to avoid the worship of idolaters who used to offer sacrifices to the moon at that particular time. And these two blessings are bestowed in common on the whole human race; and hence they were repeated more frequently.

The other five feasts were celebrated once a year: and they commemorated the benefits which had been conferred especially on that people. For there was the feast of the "Passover" in the first month to commemorate the blessing of being delivered out of Egypt. The feast of "Pentecost" was celebrated fifty days later, to recall the blessing of the giving of the Law. The other three feasts were kept in the seventh month, nearly the whole of which was solemnized by them, just as the seventh day. For on the first of the seventh month was the feast of "Trumpets," in memory of the delivery of Isaac, when Abraham found the ram caught by its horns, which they represented by the horns which they blew. The feast of Trumpets was a kind of invitation whereby they prepared themselves to keep the following feast which was kept on the tenth day. This was the feast of "Expiation," in memory of the blessing whereby, at the prayer of Moses, God forgave the people's sin of worshipping the calf. After this was the feast of "Scenopegia" or of "Tents," which was kept for seven days, to commemorate the blessing of being protected and led by God through the desert, where they lived in tents. Hence during this feast they had to take "the fruits of the fairest tree," i.e. the citron, "and the trees of dense foliage" [*Douay and A. V. and R. V. read: 'Boughs of thick trees'], i.e. the myrtle, which is fragrant, "and the branches of palm-trees, and willows of the brook," which retain their greenness a long time; and these are to be found in the Land of promise; to signify that God had brought them through the arid land of the wilderness to a land of delights. On the eighth day another feast was observed, of "Assembly and Congregation," on which the people collected the expenses necessary for the divine worship: and it signified the uniting of the people and the peace granted to them in the Land of promise.

The figurative reason for these feasts was that the continual sacrifice of the lamb foreshadowed the perpetuity of Christ, Who is the "Lamb of God," according to Heb. 13:8: "Jesus Christ yesterday and today, and the same for ever." The Sabbath signified the spiritual rest bestowed by Christ, as stated in Heb. 4. The Neomenia, which is the beginning of the new moon, signified the enlightening of the primitive Church by Christ's preaching and miracles. The feast of Pentecost signified the Descent of the Holy Ghost on the apostles. The feast of Trumpets signified the preaching of the apostles. The feast of Expiation signified the cleansing of the Christian people from sins: and the feast of Tabernacles signified their pilgrimage in this world, wherein they walk by advancing in virtue. The feast of Assembly or Congregation foreshadowed the assembly of the faithful in the kingdom of heaven: wherefore this feast is described as "most holy" (Lev. 23:36). These three feasts followed immediately on one another, because those who expiate their vices should advance in virtue, until they come to see God, as stated in Ps. 83:8. ________________________

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