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Objection 1: It would seem that not all are subject to the law.
For those alone are subject to a law for whom a law is made. But the
Apostle says (1 Tim. 1:9): "The law is not made for the just
man." Therefore the just are not subject to the law.
Objection 2: Further, Pope Urban says [Decretals. caus. xix,
qu. 2]: "He that is guided by a private law need not for any
reason be bound by the public law." Now all spiritual men are led by
the private law of the Holy Ghost, for they are the sons of God, of
whom it is said (Rm. 8:14): "Whosoever are led by the Spirit
of God, they are the sons of God." Therefore not all men are
subject to human law.
Objection 3: Further, the jurist says [Pandect. Justin. i,
ff., tit. 3, De Leg. et Senat.] that "the sovereign is
exempt from the laws." But he that is exempt from the law is not
bound thereby. Therefore not all are subject to the law.
On the contrary, The Apostle says (Rm. 13:1): "Let every
soul be subject to the higher powers." But subjection to a power
seems to imply subjection to the laws framed by that power. Therefore
all men should be subject to human law.
I answer that, As stated above (Question 90, Articles 1,2;
Article 3, ad 2), the notion of law contains two things: first,
that it is a rule of human acts; secondly, that it has coercive
power. Wherefore a man may be subject to law in two ways. First, as
the regulated is subject to the regulator: and, in this way, whoever
is subject to a power, is subject to the law framed by that power.
But it may happen in two ways that one is not subject to a power. In
one way, by being altogether free from its authority: hence the
subjects of one city or kingdom are not bound by the laws of the
sovereign of another city or kingdom, since they are not subject to his
authority. In another way, by being under a yet higher law; thus the
subject of a proconsul should be ruled by his command, but not in those
matters in which the subject receives his orders from the emperor: for
in these matters, he is not bound by the mandate of the lower
authority, since he is directed by that of a higher. In this way,
one who is simply subject to a law, may not be a subject thereto in
certain matters, in respect of which he is ruled by a higher law.
Secondly, a man is said to be subject to a law as the coerced is
subject to the coercer. In this way the virtuous and righteous are not
subject to the law, but only the wicked. Because coercion and
violence are contrary to the will: but the will of the good is in
harmony with the law, whereas the will of the wicked is discordant from
it. Wherefore in this sense the good are not subject to the law, but
only the wicked.
Reply to Objection 1: This argument is true of subjection by way of
coercion: for, in this way, "the law is not made for the just
men": because "they are a law to themselves," since they "show the
work of the law written in their hearts," as the Apostle says (Rm.
2:14,15). Consequently the law does not enforce itself upon
them as it does on the wicked.
Reply to Objection 2: The law of the Holy Ghost is above all law
framed by man: and therefore spiritual men, in so far as they are led
by the law of the Holy Ghost, are not subject to the law in those
matters that are inconsistent with the guidance of the Holy Ghost.
Nevertheless the very fact that spiritual men are subject to law, is
due to the leading of the Holy Ghost, according to 1 Pt.
2:13: "Be ye subject . . . to every human creature for God's
sake."
Reply to Objection 3: The sovereign is said to be "exempt from the
law," as to its coercive power; since, properly speaking, no man is
coerced by himself, and law has no coercive power save from the
authority of the sovereign. Thus then is the sovereign said to be
exempt from the law, because none is competent to pass sentence on
him, if he acts against the law. Wherefore on Ps. 50:6: "To
Thee only have I sinned," a gloss says that "there is no man who
can judge the deeds of a king." But as to the directive force of
law, the sovereign is subject to the law by his own will, according to
the statement (Extra, De Constit. cap. Cum omnes) that
"whatever law a man makes for another, he should keep himself. And a
wise authority [Dionysius Cato, Dist. de Moribus] says: 'Obey
the law that thou makest thyself.'" Moreover the Lord reproaches
those who "say and do not"; and who "bind heavy burdens and lay them
on men's shoulders, but with a finger of their own they will not move
them" (Mt. 23:3,4). Hence, in the judgment of God, the
sovereign is not exempt from the law, as to its directive force; but
he should fulfil it to his own free-will and not of constraint. Again
the sovereign is above the law, in so far as, when it is expedient,
he can change the law, and dispense in it according to time and place.
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