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Objection 1: It would seem that the Old Law contains others
besides the moral, judicial, and ceremonial precepts. Because the
judicial precepts belong to the act of justice, which is between man
and man; while the ceremonial precepts belong to the act of religion,
whereby God is worshipped. Now besides these there are many other
virtues, viz. temperance, fortitude, liberality, and several
others, as stated above (Question 60, Article 5). Therefore
besides the aforesaid precepts, the Old Law should comprise others.
Objection 2: Further, it is written (Dt. 11:1): "Love
the Lord thy God, and observe His precepts and ceremonies, His
judgments and commandments." Now precepts concern moral matters, as
stated above (Article 4). Therefore besides the moral, judicial
and ceremonial precepts, the Law contains others which are called
"commandments."
Objection 3: Further, it is written (Dt. 6:17): "Keep
the precepts of the Lord thy God, and the testimonies and ceremonies
which I have commanded thee." Therefore in addition to the above,
the Law comprises "testimonies."
Objection 4: Further, it is written (Ps. 118:93): "Thy
justifications (i.e. "Thy Law," according to a gloss) I will
never forget." Therefore in the Old Law there are not only moral,
ceremonial and judicial precepts, but also others, called
"justifications."
On the contrary, It is written (Dt. 6:1): "These are the
precepts and ceremonies and judgments which the Lord your God
commanded . . . you." And these words are placed at the beginning
of the Law. Therefore all the precepts of the Law are included under
them.
I answer that, Some things are included in the Law by way of
precept; other things, as being ordained to the fulfilment of the
precepts. Now the precepts refer to things which have to be done: and
to their fulfilment man is induced by two considerations, viz. the
authority of the lawgiver, and the benefit derived from the
fulfilment, which benefit consists in the attainment of some good,
useful, pleasurable or virtuous, or in the avoidance of some contrary
evil. Hence it was necessary that in the Old Law certain things
should be set forth to indicate the authority of God the lawgiver:
e.g. Dt. 6:4: "Hear, O Israel, the Lord our God is one
Lord"; and Gn. 1:1: "In the beginning God created heaven and
earth": and these are called "testimonies." Again it was necessary
that in the Law certain rewards should be appointed for those who
observe the Law, and punishments for those who transgress; as it may
be seen in Dt. 28: "If thou wilt hear the voice of the Lord thy
God . . . He will make thee higher than all the nations," etc.:
and these are called "justifications," according as God punishes or
rewards certain ones justly.
The things that have to be done do not come under the precept except in
so far as they have the character of a duty. Now a duty is twofold:
one according to the rule of reason; the other according to the rule of
a law which prescribes that duty: thus the Philosopher distinguishes a
twofold just---moral and legal (Ethic. v, 7).
Moral duty is twofold: because reason dictates that something must be
done, either as being so necessary that without it the order of virtue
would be destroyed; or as being useful for the better maintaining of
the order of virtue. And in this sense some of the moral precepts are
expressed by way of absolute command or prohibition, as "Thou shalt
not kill, Thou shalt not steal": and these are properly called
"precepts." Other things are prescribed or forbidden, not as an
absolute duty, but as something better to be done. These may be
called "commandments"; because they are expressed by way of
inducement and persuasion: an example whereof is seen in Ex.
22:26: "If thou take of thy neighbor a garment in pledge, thou
shalt give it him again before sunset"; and in other like cases.
Wherefore Jerome (Praefat. in Comment. super Marc.) says that
"justice is in the precepts, charity in the commandments." Duty as
fixed by the Law, belongs to the judicial precepts, as regards human
affairs; to the "ceremonial" precepts, as regards Divine matters.
Nevertheless those ordinances also which refer to punishments and
rewards may be called "testimonies," in so far as they testify to the
Divine justice. Again all the precepts of the Law may be styled
"justifications," as being executions of legal justice. Furthermore
the commandments may be distinguished from the precepts, so that those
things be called "precepts" which God Himself prescribed; and those
things "commandments" which He enjoined [mandavit] through others,
as the very word seems to denote.
From this it is clear that all the precepts of the Law are either
moral, ceremonial, or judicial; and that other ordinances have not
the character of a precept, but are directed to the observance of the
precepts, as stated above.
Reply to Objection 1: Justice alone, of all the virtues, implies
the notion of duty. Consequently moral matters are determinable by law
in so far as they belong to justice: of which virtue religion is a
part, as Tully says (De Invent. ii). Wherefore the legal just
cannot be anything foreign to the ceremonial and judicial precepts.
The Replies to the other Objections are clear from what has been
said.
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