We must now consider the debt of punishment. We shall consider (1) the debt itself; (2) mortal and venial sin, which differ in respect of the punishment due to them.
Under the first head there are eight points of inquiry:
(1) Whether the debt of punishment is an effect of sin?
(2) Whether one sin can be the punishment of another?
(3) Whether any sin incurs a debt of eternal punishment?
(4) Whether sin incurs a debt of punishment that is infinite in quantity?
(5) Whether every sin incurs a debt of eternal and infinite punishment?
(6) Whether the debt of punishment can remain after sin?
(7) Whether every punishment is inflicted for a sin?
(8) Whether one person can incur punishment for another’s sin?
1-Whether the debt of punishment is an effect of sin?
Objection 1: It would seem that the debt of punishment is not an effect of sin. For that which is accidentally related to a thing, does not seem to be its proper effect. Now the debt of punishment is accidentally related to sin, for it is beside the intention of the sinner. Therefore the debt of punishment is not an effect of sin.
Objection 2: Further, evil is not the cause of good. But punishment is good, since it is just, and is from God. Therefore it is not an effect of sin, which is evil.
Objection 3: Further, Augustine says (Confess. i) that “every inordinate affection is its own punishment.” But punishment does not incur a further debt of punishment, because then it would go on indefinitely. Therefore sin does not incur the debt of punishment.
On the contrary, It is written (Rom. 2:9): “Tribulation and anguish upon every soul of man that worketh evil.” But to work evil is to sin. Therefore sin incurs a punishment which is signified by the words “tribulation and anguish.”
I answer that, It has passed from natural things to human affairs that whenever one thing rises up against another, it suffers some detriment therefrom. For we observe in natural things that when one contrary supervenes, the other acts with greater energy, for which reason “hot water freezes more rapidly,” as stated in Meteor. i, 12. Wherefore we find that the natural inclination of man is to repress those who rise up against him. Now it is evident that all things contained in an order, are, in a manner, one, in relation to the principle of that order. Consequently, whatever rises up against an order, is put down by that order or by the principle thereof. And because sin is an inordinate act, it is evident that whoever sins, commits an offense against an order: wherefore he is put down, in consequence, by that same order, which repression is punishment.
Accordingly, man can be punished with a threefold punishment corresponding to the three orders to which the human will is subject. In the first place a man’s nature is subjected to the order of his own reason; secondly, it is subjected to the order of another man who governs him either in spiritual or in temporal matters, as a member either of the state or of the household; thirdly, it is subjected to the universal order of the Divine government. Now each of these orders is disturbed by sin, for the sinner acts against his reason, and against human and Divine law. Wherefore he incurs a threefold punishment; one, inflicted by himself, viz. remorse of conscience; another, inflicted by man; and a third, inflicted by God.
Reply to Objection 1: Punishment follows sin, inasmuch as this is an evil by reason of its being inordinate. Wherefore just as evil is accidental to the sinner’s act, being beside his intention, so also is the debt of punishment.
Reply to Objection 2: Further, a just punishment may be inflicted either by God or by man: wherefore the punishment itself is the effect of sin, not directly but dispositively. Sin, however, makes man deserving of punishment, and that is an evil: for Dionysius says (Div. Nom. iv) that “punishment is not an evil, but to deserve punishment is.” Consequently the debt of punishment is considered to be directly the effect of sin.
Reply to Objection 3: This punishment of the “inordinate affection” is due to sin as overturning the order of reason. Nevertheless sin incurs a further punishment, through disturbing the order of the Divine or human law.
2-Whether sin can be the punishment of sin?
Objection 1: It would seem that sin cannot be the punishment of sin. For the purpose of punishment is to bring man back to the good of virtue, as the Philosopher declares (Ethic. x, 9). Now sin does not bring man back to the good of virtue, but leads him in the opposite direction. Therefore sin is not the punishment of sin.
Objection 2: Further, just punishments are from God, as Augustine says (Qq. lxxxiii, qu. 82). But sin is not from God, and is an injustice. Therefore sin cannot be the punishment of sin.
Objection 3: Further, the nature of punishment is to be something against the will. But sin is something from the will, as shown above ([1891]Q[74], AA[1] ,2). Therefore sin cannot be the punishment of sin.
On the contrary, Gregory speaks (Hom. xi in Ezech.) that some sins are punishments of others.
I answer that, We may speak of sin in two ways: first, in its essence, as such; secondly, as to that which is accidental thereto. Sin as such can nowise be the punishment of another. Because sin considered in its essence is something proceeding from the will, for it is from this that it derives the character of guilt. Whereas punishment is essentially something against the will, as stated in the [1892]FP, Q[48], A[5]. Consequently it is evident that sin regarded in its essence can nowise be the punishment of sin.
On the other hand, sin can be the punishment of sin accidentally in three ways. First, when one sin is the cause of another, by removing an impediment thereto. For passions, temptations of the devil, and the like are causes of sin, but are impeded by the help of Divine grace which is withdrawn on account of sin. Wherefore since the withdrawal of grace is a punishment, and is from God, as stated above ([1893]Q[79], A[3]), the result is that the sin which ensues from this is also a punishment accidentally. It is in this sense that the Apostle speaks (Rom. 1:24) when he says: “Wherefore God gave them up to the desires of their heart,” i.e. to their passions; because, to wit, when men are deprived of the help of Divine grace, they are overcome by their passions. In this way sin is always said to be the punishment of a preceding sin. Secondly, by reason of the substance of the act, which is such as to cause pain, whether it be an interior act, as is clearly the case with anger or envy, or an exterior act, as is the case with one who endures considerable trouble and loss in order to achieve a sinful act, according to Wis. 5:7: “We wearied ourselves in the way of iniquity.” Thirdly, on the part of the effect, so that one sin is said to be a punishment by reason of its effect. In the last two ways, a sin is a punishment not only in respect of a preceding sin, but also with regard to itself.
Reply to Objection 1: Even when God punishes men by permitting them to fall into sin, this is directed to the good of virtue. Sometimes indeed it is for the good of those who are punished, when, to wit, men arise from sin, more humble and more cautious. But it is always for the amendment of others, who seeing some men fall from sin to sin, are the more fearful of sinning. With regard to the other two ways, it is evident that the punishment is intended for the sinner’s amendment, since the very fact that man endures toil and loss in sinning, is of a nature to withdraw man from sin.
Reply to Objection 2: This objection considers sin essentially as such: and the same answer applies to the Third Objection.
3-Whether any sin incurs a debt of eternal punishment?
Objection 1: It would seem that no sin incurs a debt of eternal punishment. For a just punishment is equal to the fault, since justice is equality: wherefore it is written (Is. 27:8): “In measure against measure, when it shall be cast off, thou shalt judge it.” Now sin is temporal. Therefore it does not incur a debt of eternal punishment.
Objection 2: Further, “punishments are a kind of medicine” (Ethic. ii, 3). But no medicine should be infinite, because it is directed to an end, and “what is directed to an end, is not infinite,” as the Philosopher states (Polit. i, 6). Therefore no punishment should be infinite.
Objection 3: Further, no one does a thing always unless he delights in it for its own sake. But “God hath not pleasure in the destruction of men” [Vulg.: ‘of the living’]. Therefore He will not inflict eternal punishment on man.
Objection 4: Further, nothing accidental is infinite. But punishment is accidental, for it is not natural to the one who is punished. Therefore it cannot be of infinite duration.
On the contrary, It is written (Mat. 25:46): “These shall go into everlasting punishment”; and (Mk. 3:29): “He that shall blaspheme against the Holy Ghost, shall never have forgiveness, but shall be guilty of an everlasting sin.”
I answer that, As stated above [1894](A[1]), sin incurs a debt of punishment through disturbing an order. But the effect remains so long as the cause remains. Wherefore so long as the disturbance of the order remains the debt of punishment must needs remain also. Now disturbance of an order is sometimes reparable, sometimes irreparable: because a defect which destroys the principle is irreparable, whereas if the principle be saved, defects can be repaired by virtue of that principle. For instance, if the principle of sight be destroyed, sight cannot be restored except by Divine power; whereas, if the principle of sight be preserved, while there arise certain impediments to the use of sight, these can be remedied by nature or by art. Now in every order there is a principle whereby one takes part in that order. Consequently if a sin destroys the principle of the order whereby man’s will is subject to God, the disorder will be such as to be considered in itself, irreparable, although it is possible to repair it by the power of God. Now the principle of this order is the last end, to which man adheres by charity. Therefore whatever sins turn man away from God, so as to destroy charity, considered in themselves, incur a debt of eternal punishment.
Reply to Objection 1: Punishment is proportionate to sin in point of severity, both in Divine and in human judgments. In no judgment, however, as Augustine says (De Civ. Dei xxi, 11) is it requisite for punishment to equal fault in point of duration. For the fact that adultery or murder is committed in a moment does not call for a momentary punishment: in fact they are punished sometimes by imprisonment or banishment for life—sometimes even by death; wherein account is not taken of the time occupied in killing, but rather of the expediency of removing the murderer from the fellowship of the living, so that this punishment, in its own way, represents the eternity of punishment inflicted by God. Now according to Gregory (Dial. iv, 44) it is just that he who has sinned against God in his own eternity should be punished in God’s eternity. A man is said to have sinned in his own eternity, not only as regards continual sinning throughout his whole life, but also because, from the very fact that he fixes his end in sin, he has the will to sin, everlastingly. Wherefore Gregory says (Dial. iv, 44) that the “wicked would wish to live without end, that they might abide in their sins for ever.”
Reply to Objection 2: Even the punishment that is inflicted according to human laws, is not always intended as a medicine for the one who is punished, but sometimes only for others: thus when a thief is hanged, this is not for his own amendment, but for the sake of others, that at least they may be deterred from crime through fear of the punishment, according to Prov. 19:25: “The wicked man being scourged, the fool shall be wiser.” Accordingly the eternal punishments inflicted by God on the reprobate, are medicinal punishments for those who refrain from sin through the thought of those punishments, according to Ps. 59:6: “Thou hast given a warning to them that fear Thee, that they may flee from before the bow, that Thy beloved may be delivered.”
Reply to Objection 3: God does not delight in punishments for their own sake; but He does delight in the order of His justice, which requires them.
Reply to Objection 4: Although punishment is related indirectly to nature, nevertheless it is essentially related to the disturbance of the order, and to God’s justice. Wherefore, so long as the disturbance lasts, the punishment endures.
4-Whether sin incurs a debt of punishment infinite in quantity?
Objection 1: It would seem that sin incurs a debt of punishment infinite in quantity. For it is written (Jer. 10:24): “Correct me, O Lord, but yet with judgment: and not in Thy fury, lest Thou bring me to nothing.” Now God’s anger or fury signifies metaphorically the vengeance of Divine justice: and to be brought to nothing is an infinite punishment, even as to make a thing out of nothing denotes infinite power. Therefore according to God’s vengeance, sin is awarded a punishment infinite in quantity.
Objection 2: Further, quantity of punishment corresponds to quantity of fault, according to Dt. 25:2: “According to the measure of the sin shall the measure also of the stripes be.” Now a sin which is committed against God, is infinite: because the gravity of a sin increases according to the greatness of the person sinned against (thus it is a more grievous sin to strike the sovereign than a private individual), and God’s greatness is infinite. Therefore an infinite punishment is due for a sin committed against God.
Objection 3: Further, a thing may be infinite in two ways, in duration, and in quantity. Now the punishment is infinite in duration. Therefore it is infinite in quantity also.
On the contrary, If this were the case, the punishments of all mortal sins would be equal; because one infinite is not greater than another.
I answer that, Punishment is proportionate to sin. Now sin comprises two things. First, there is the turning away from the immutable good, which is infinite, wherefore, in this respect, sin is infinite. Secondly, there is the inordinate turning to mutable good. In this respect sin is finite, both because the mutable good itself is finite, and because the movement of turning towards it is finite, since the acts of a creature cannot be infinite. Accordingly, in so far as sin consists in turning away from something, its corresponding punishment is the “pain of loss,” which also is infinite, because it is the loss of the infinite good, i.e. God. But in so far as sin turns inordinately to something, its corresponding punishment is the “pain of sense,” which is also finite.
Reply to Objection 1: It would be inconsistent with Divine justice for the sinner to be brought to nothing absolutely, because this would be incompatible with the perpetuity of punishment that Divine justice requires, as stated above [1895](A[3]). The expression “to be brought to nothing” is applied to one who is deprived of spiritual goods, according to 1 Cor. 13:2: “If I . . . have not charity, I am nothing.”
Reply to Objection 2: This argument considers sin as turning away from something, for it is thus that man sins against God.
Reply to Objection 3: Duration of punishment corresponds to duration of fault, not indeed as regards the act, but on the part of the stain, for as long as this remains, the debt of punishment remains. But punishment corresponds to fault in the point of severity. And a fault which is irreparable, is such that, of itself, it lasts for ever; wherefore it incurs an everlasting punishment. But it is not infinite as regards the thing it turns to; wherefore, in this respect, it does not incur punishment of infinite quantity.
5-Whether every sin incurs a debt of eternal punishment?
Objection 1: It would seem that every sin incurs a debt of eternal punishment. Because punishment, as stated above [1896](A[4]), is proportionate to the fault. Now eternal punishment differs infinitely from temporal punishment: whereas no sin, apparently, differs infinitely from another, since every sin is a human act, which cannot be infinite. Since therefore some sins incur a debt of everlasting punishment, as stated above [1897](A[4]), it seems that no sin incurs a debt of mere temporal punishment.
Objection 2: Further, original sin is the least of all sins, wherefore Augustine says (Enchiridion xciii) that “the lightest punishment is incurred by those who are punished for original sin alone.” But original sin incurs everlasting punishment, since children who have died in original sin through not being baptized, will never see the kingdom of God, as shown by our Lord’s words (Jn. 3:3): “ Unless a man be born again, he cannot see the kingdom of God.” Much more, therefore, will the punishments of all other sins be everlasting.
Objection 3: Further, a sin does not deserve greater punishment through being united to another sin; for Divine justice has allotted its punishment to each sin. Now a venial sin deserves eternal punishment if it be united to a mortal sin in a lost soul, because in hell there is no remission of sins. Therefore venial sin by itself deserves eternal punishment. Therefore temporal punishment is not due for any sin.
On the contrary, Gregory says (Dial. iv, 39), that certain slighter sins are remitted after this life. Therefore all sins are not punished eternally.
I answer that, As stated above [1898](A[3]), a sin incurs a debt of eternal punishment, in so far as it causes an irreparable disorder in the order of Divine justice, through being contrary to the very principle of that order, viz. the last end. Now it is evident that in some sins there is disorder indeed, but such as not to involve contrariety in respect of the last end, but only in respect of things referable to the end, in so far as one is too much or too little intent on them without prejudicing the order to the last end: as, for instance, when a man is too fond of some temporal thing, yet would not offend God for its sake, by breaking one of His commandments. Consequently such sins do not incur everlasting, but only temporal punishment.
Reply to Objection 1: Sins do not differ infinitely from one another in respect of their turning towards mutable good, which constitutes the substance of the sinful act; but they do differ infinitely in respect of their turning away from something. Because some sins consist in turning away from the last end, and some in a disorder affecting things referable to the end: and the last end differs infinitely from the things that are referred to it.
Reply to Objection 2: Original sin incurs everlasting punishment, not on account of its gravity, but by reason of the condition of the subject, viz. a human being deprived of grace, without which there is no remission of sin.
The same answer applies to the Third Objection about venial sin. Because eternity of punishment does not correspond to the quantity of the sin, but to its irremissibility, as stated above [1899](A[3]).
6-Whether the debt of punishment remains after sin?
Objection 1: It would seem that there remains no debt of punishment after sin. For if the cause be removed the effect is removed. But sin is the cause of the debt of punishment. Therefore, when the sin is removed, the debt of punishment ceases also.
Objection 2: Further, sin is removed by man returning to virtue. Now a virtuous man deserves, not punishment, but reward. Therefore, when sin is removed, the debt of punishment no longer remains.
Objection 3: Further, “Punishments are a kind of medicine” (Ethic. ii, 3). But a man is not given medicine after being cured of his disease. Therefore, when sin is removed the debt of punishment does not remain.
On the contrary, It is written (2 Kings xii. 13,14): “David said to Nathan: I have sinned against the Lord. And Nathan said to David: The Lord also hath taken away thy sin; thou shalt not die. Nevertheless because thou hast given occasion to the enemies of the Lord to blaspheme . . . the child that is born to thee shall die.” Therefore a man is punished by God even after his sin is forgiven: and so the debt of punishment remains, when the sin has been removed.
I answer that, Two things may be considered in sin: the guilty act, and the consequent stain. Now it is evident that in all actual sins, when the act of sin has ceased, the guilt remains; because the act of sin makes man deserving of punishment, in so far as he transgresses the order of Divine justice, to which he cannot return except he pay some sort of penal compensation, which restores him to the equality of justice; so that, according to the order of Divine justice, he who has been too indulgent to his will, by transgressing God’s commandments, suffers, either willingly or unwillingly, something contrary to what he would wish. This restoration of the equality of justice by penal compensation is also to be observed in injuries done to one’s fellow men. Consequently it is evident that when the sinful or injurious act has ceased there still remains the debt of punishment.
But if we speak of the removal of sin as to the stain, it is evident that the stain of sin cannot be removed from the soul, without the soul being united to God, since it was through being separated from Him that it suffered the loss of its brightness, in which the stain consists, as stated above ([1900]Q[86], A[1]). Now man is united to God by his will. Wherefore the stain of sin cannot be removed from man, unless his will accept the order of Divine justice, that is to say, unless either of his own accord he take upon himself the punishment of his past sin, or bear patiently the punishment which God inflicts on him; and in both ways punishment avails for satisfaction. Now when punishment is satisfactory, it loses somewhat of the nature of punishment: for the nature of punishment is to be against the will; and although satisfactory punishment, absolutely speaking, is against the will, nevertheless in this particular case and for this particular purpose, it is voluntary. Consequently it is voluntary simply, but involuntary in a certain respect, as we have explained when speaking of the voluntary and the involuntary ([1901]Q[6], A[6]). We must, therefore, say that, when the stain of sin has been removed, there may remain a debt of punishment, not indeed of punishment simply, but of satisfactory punishment.
Reply to Objection 1: Just as after the act of sin has ceased, the stain remains, as stated above ([1902]Q[86], A[2]), so the debt of punishment also can remain. But when the stain has been removed, the debt of punishment does not remain in the same way, as stated.
Reply to Objection 2: The virtuous man does not deserve punishment simply, but he may deserve it as satisfactory: because his very virtue demands that he should do satisfaction for his offenses against God or man.
Reply to Objection 3: When the stain is removed, the wound of sin is healed as regards the will. But punishment is still requisite in order that the other powers of the soul be healed, since they were so disordered by the sin committed, so that, to wit, the disorder may be remedied by the contrary of that which caused it. Moreover punishment is requisite in order to restore the equality of justice, and to remove the scandal given to others, so that those who were scandalized at the sin many be edified by the punishment, as may be seen in the example of David quoted above.
7-Whether every punishment is inflicted for a sin?
Objection 1: It would seem that not every punishment is inflicted for a sin. For it is written (Jn. 9:3, 2) about the man born blind: “Neither hath this man sinned, nor his parents . . . that he should be born blind.” In like manner we see that many children, those also who have been baptized, suffer grievous punishments, fevers, for instance, diabolical possession, and so forth, and yet there is no sin in them after they have been baptized. Moreover before they are baptized, there is no more sin in them than in the other children who do not suffer such things. Therefore not every punishment is inflicted for a sin.
Objection 2: Further, that sinners should thrive and that the innocent should be punished seem to come under the same head. Now each of these is frequently observed in human affairs, for it is written about the wicked (Ps. 72:5): “They are not in the labor of men: neither shall they be scourged like other men”; and (Job 21:7): “[Why then do] the wicked live, are [they] advanced, and strengthened with riches” (?)[*The words in brackets show the readings of the Vulgate]; and (Hab. 1:13): “Why lookest Thou upon the contemptuous [Vulg.: ‘them that do unjust things’], and holdest Thy peace, when the wicked man oppresseth [Vulg.: ‘devoureth’], the man that is more just than himself?” Therefore not every punishment is inflicted for a sin.
Objection 3: Further, it is written of Christ (1 Pet. 2:22) that “He did no sin, nor was guile found in His mouth.” And yet it is said (1 Pet. 2:21) that “He suffered for us.” Therefore punishment is not always inflicted by God for sin.
On the contrary, It is written (Job 4:7, seqq.): “Who ever perished innocent? Or when were the just destroyed? On the contrary, I have seen those who work iniquity . . . perishing by the blast of God”; and Augustine writes (Retract. i) that “all punishment is just, and is inflicted for a sin.”
I answer that, As already stated [1903](A[6]), punishment can be considered in two ways—simply, and as being satisfactory. A satisfactory punishment is, in a way, voluntary. And since those who differ as to the debt of punishment, may be one in will by the union of love, it happens that one who has not sinned, bears willingly the punishment for another: thus even in human affairs we see men take the debts of another upon themselves. If, however, we speak of punishment simply, in respect of its being something penal, it has always a relation to a sin in the one punished. Sometimes this is a relation to actual sin, as when a man is punished by God or man for a sin committed by him. Sometimes it is a relation to original sin: and this, either principally or consequently—principally, the punishment of original sin is that human nature is left to itself, and deprived of original justice: and consequently, all the penalties which result from this defect in human nature.
Nevertheless we must observe that sometimes a thing seems penal, and yet is not so simply. Because punishment is a species of evil, as stated in the [1904]FP, Q[48], A[5]. Now evil is privation of good. And since man’s good is manifold, viz. good of the soul, good of the body, and external goods, it happens sometimes that man suffers the loss of a lesser good, that he may profit in a greater good, as when he suffers loss of money for the sake of bodily health, or loss of both of these, for the sake of his soul’s health and the glory of God. In such cases the loss is an evil to man, not simply but relatively; wherefore it does not answer to the name of punishment simply, but of medicinal punishment, because a medical man prescribes bitter potions to his patients, that he may restore them to health. And since such like are not punishments properly speaking, they are not referred to sin as their cause, except in a restricted sense: because the very fact that human nature needs a treatment of penal medicines, is due to the corruption of nature which is itself the punishment of original sin. For there was no need, in the state of innocence, for penal exercises in order to make progress in virtue; so that whatever is penal in the exercise of virtue, is reduced to original sin as its cause.
Reply to Objection 1: Such like defects of those who are born with them, or which children suffer from, are the effects and the punishments of original sin, as stated above ([1905]Q[85], A[5]); and they remain even after baptism, for the cause stated above ([1906]Q[85], A[5], ad 2): and that they are not equally in all, is due to the diversity of nature, which is left to itself, as stated above ([1907]Q[85], A[5], ad 1). Nevertheless, they are directed by Divine providence, to the salvation of men, either of those who suffer, or of others who are admonished by their means—and also to the glory of God.
Reply to Objection 2: Temporal and bodily goods are indeed goods of man, but they are of small account: whereas spiritual goods are man’s chief goods. Consequently it belongs to Divine justice to give spiritual goods to the virtuous, and to award them as much temporal goods or evils, as suffices for virtue: for, as Dionysius says (Div. Nom. viii), “Divine justice does not enfeeble the fortitude of the virtuous man, by material gifts.” The very fact that others receive temporal goods, is detrimental to their spiritual good; wherefore the psalm quoted concludes (verse 6): “Therefore pride hath held them fast.”
Reply to Objection 3: Christ bore a satisfactory punishment, not for His, but for our sins.
8-Whether anyone is punished for another’s sin?
Objection 1: It would seem that one may be punished for another’s sin. For it is written (Ex. 20:5): “I am . . . God . . . jealous, visiting the iniquity of the fathers upon the children, unto the third and fourth generation of them that hate Me”; and (Mat. 23:35): “That upon you may come all the just blood that hath been shed upon the earth.”
Objection 2: Further, human justice springs from Divine justice. Now, according to human justice, children are sometimes punished for their parents, as in the case of high treason. Therefore also according to Divine justice, one is punished for another’s sin.
Objection 3: Further, if it be replied that the son is punished, not for the father’s sin, but for his own, inasmuch as he imitates his father’s wickedness; this would not be said of the children rather than of outsiders, who are punished in like manner as those whose crimes they imitate. It seems, therefore, that children are punished, not for their own sins, but for those of their parents.
On the contrary, It is written (Ezech. 18:20): “The son shall not bear the iniquity of the father.”
I answer that, If we speak of that satisfactory punishment, which one takes upon oneself voluntarily, one may bear another’s punishment, in so far as they are, in some way, one, as stated above [1908](A[7]). If, however, we speak of punishment inflicted on account of sin, inasmuch as it is penal, then each one is punished for his own sin only, because the sinful act is something personal. But if we speak of a punishment that is medicinal, in this way it does happen that one is punished for another’s sin. For it has been stated [1909](A[7]) that ills sustained in bodily goods or even in the body itself, are medicinal punishments intended for the health of the soul. Wherefore there is no reason why one should not have such like punishments inflicted on one for another’s sin, either by God or by man; e.g. on children for their parents, or on servants for their masters, inasmuch as they are their property so to speak; in such a way, however, that, if the children or the servants take part in the sin, this penal ill has the character of punishment in regard to both the one punished and the one he is punished for. But if they do not take part in the sin, it has the character of punishment in regard to the one for whom the punishment is borne, while, in regard to the one who is punished, it is merely medicinal (except accidentally, if he consent to the other’s sin), since it is intended for the good of his soul, if he bears it patiently.
With regard to spiritual punishments, these are not merely medicinal, because the good of the soul is not directed to a yet higher good. Consequently no one suffers loss in the goods of the soul without some fault of his own. Wherefore Augustine says (Ep. ad Avit.) [*Ep. ad Auxilium, ccl.], such like punishments are not inflicted on one for another’s sin, because, as regards the soul, the son is not the father’s property. Hence the Lord assigns the reason for this by saying (Ezech. 18:4): “All souls are Mine.”
Reply to Objection 1: Both the passages quoted should, seemingly, be referred to temporal or bodily punishments, in so far as children are the property of their parents, and posterity, of their forefathers. Else, if they be referred to spiritual punishments, they must be understood in reference to the imitation of sin, wherefore in Exodus these words are added, “Of them that hate Me,” and in the chapter quoted from Matthew (verse 32) we read: “Fill ye up then the measure of your fathers.” The sins of the fathers are said to be punished in their children, because the latter are the more prone to sin through being brought up amid their parents’ crimes, both by becoming accustomed to them, and by imitating their parents’ example, conforming to their authority as it were. Moreover they deserve heavier punishment if, seeing the punishment of their parents, they fail to mend their ways. The text adds, “to the third and fourth generation,” because men are wont to live long enough to see the third and fourth generation, so that both the children can witness their parents’ sins so as to imitate them, and the parents can see their children’s punishments so as to grieve for them.
Reply to Objection 2: The punishments which human justice inflicts on one for another’s sin are bodily and temporal. They are also remedies or medicines against future sins, in order that either they who are punished, or others may be restrained from similar faults.
Reply to Objection 3: Those who are near of kin are said to be punished, rather than outsiders, for the sins of others, both because the punishment of kindred redounds somewhat upon those who sinned, as stated above, in so far as the child is the father’s property, and because the examples and the punishments that occur in one’s own household are more moving. Consequently when a man is brought up amid the sins of his parents, he is more eager to imitate them, and if he is not deterred by their punishments, he would seem to be the more obstinate, and, therefore, to deserve more severe punishment.
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Summa Theologica - Thomas Aquinas - OF THE DEBT OF PUNISHMENT - EVIL HABITS, i.e. VICES AND SINS (QQ[71]-8 - First Section
Summa Theologica-Thomas Aquinas
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Summa Theologica - Thomas Aquinas - OF VENIAL AND MORTAL SIN - EVIL HABITS, i.e. VICES AND SINS (QQ[71]-8 -First Section
In the next place, since venial and mortal sins differ in respect of the debt of punishment, we must consider them. First, we shall consider venial sin as compared with mortal sin; secondly, we shall consider venial sin in itself.
Under the first head there are six points of inquiry:
(1) Whether venial sin is fittingly condivided with mortal sin?
(2) Whether they differ generically?
(3) Whether venial sin is a disposition to mortal sin?
(4) Whether a venial sin can become mortal?
(5) Whether a venial sin can become mortal by reason of an aggravating circumstance?
(6) Whether a mortal sin can become venial?
1-Whether venial sin is fittingly condivided with mortal sin?
Objection 1: It would seem that venial sin is unfittingly condivided with mortal sin. For Augustine says (Contra Faust. xxii, 27): “Sin is a word, deed or desire contrary to the eternal law.” But the fact of being against the eternal law makes a sin to be mortal. Consequently every sin is mortal. Therefore venial sin is not condivided with mortal sin.
Objection 2: Further, the Apostle says (1 Cor. 10:31): “Whether you eat or drink, or whatever else you do; do all to the glory of God.” Now whoever sins breaks this commandment, because sin is not done for God’s glory. Consequently, since to break a commandment is to commit a mortal sin, it seems that whoever sins, sins mortally.
Objection 3: Further, whoever cleaves to a thing by love, cleaves either as enjoying it, or as using it, as Augustine states (De Doctr. Christ. i, 3,4). But no person, in sinning, cleaves to a mutable good as using it: because he does not refer it to that good which gives us happiness, which, properly speaking, is to use, according to Augustine (De Doctr. Christ. i, 3,4). Therefore whoever sins enjoys a mutable good. Now “to enjoy what we should use is human perverseness,” as Augustine again says (Qq. lxxxiii, qu. 30). Therefore, since “perverseness” [*The Latin ‘pervertere’ means to overthrow, to destroy, hence ‘perversion’ of God’s law is a mortal sin.] denotes a mortal sin, it seems that whoever sins, sins mortally.
Objection 4: Further, whoever approaches one term, from that very fact turns away from the opposite. Now whoever sins, approaches a mutable good, and, consequently turns away from the immutable good, so that he sins mortally. Therefore venial sin is unfittingly condivided with mortal sin.
On the contrary, Augustine says (Tract. xli in Joan.), that “a crime is one that merits damnation, and a venial sin, one that does not.” But a crime denotes a mortal sin. Therefore venial sin is fittingly condivided with mortal sin.
I answer that, Certain terms do not appear to be mutually opposed, if taken in their proper sense, whereas they are opposed if taken metaphorically: thus “to smile” is not opposed to “being dry”; but if we speak of the smiling meadows when they are decked with flowers and fresh with green hues this is opposed to drought. In like manner if mortal be taken literally as referring to the death of the body, it does not imply opposition to venial, nor belong to the same genus. But if mortal be taken metaphorically, as applied to sin, it is opposed to that which is venial.
For sin, being a sickness of the soul, as stated above ([1910]Q[71], A[1], ad 3;[1911] Q[72], A[5];[1912] Q[74], A[9], ad 2), is said to be mortal by comparison with a disease, which is said to be mortal, through causing an irreparable defect consisting in the corruption of a principle, as stated above ([1913]Q[72], A[5]). Now the principle of the spiritual life, which is a life in accord with virtue, is the order to the last end, as stated above ([1914]Q[72], A[5];[1915] Q[87], A[3]): and if this order be corrupted, it cannot be repaired by any intrinsic principle, but by the power of God alone, as stated above ([1916]Q[87], A[3]), because disorders in things referred to the end, are repaired through the end, even as an error about conclusions can be repaired through the truth of the principles. Hence the defect of order to the last end cannot be repaired through something else as a higher principle, as neither can an error about principles. Wherefore such sins are called mortal, as being irreparable. On the other hand, sins which imply a disorder in things referred to the end, the order to the end itself being preserved, are reparable. These sins are called venial: because a sin receives its acquittal [veniam] when the debt of punishment is taken away, and this ceases when the sin ceases, as explained above ([1917]Q[87], A[6]).
Accordingly, mortal and venial are mutually opposed as reparable and irreparable: and I say this with reference to the intrinsic principle, but not to the Divine power, which can repair all diseases, whether of the body or of the soul. Therefore venial sin is fittingly condivided with mortal sin.
Reply to Objection 1: The division of sin into venial and mortal is not a division of a genus into its species which have an equal share of the generic nature: but it is the division of an analogous term into its parts, of which it is predicated, of the one first, and of the other afterwards. Consequently the perfect notion of sin, which Augustine gives, applies to mortal sin. On the other hand, venial sin is called a sin, in reference to an imperfect notion of sin, and in relation to mortal sin: even as an accident is called a being, in relation to substance, in reference to the imperfect notion of being.
For it is not “against” the law, since he who sins venially neither does what the law forbids, nor omits what the law prescribes to be done; but he acts “beside” the law, through not observing the mode of reason, which the law intends.
Reply to Objection 2: This precept of the Apostle is affirmative, and so it does not bind for all times. Consequently everyone who does not actually refer all his actions to the glory of God, does not therefore act against this precept. In order, therefore, to avoid mortal sin each time that one fails actually to refer an action to God’s glory, it is enough to refer oneself and all that one has to God habitually. Now venial sin excludes only actual reference of the human act to God’s glory, and not habitual reference: because it does not exclude charity, which refers man to God habitually. Therefore it does not follow that he who sins venially, sins mortally.
Reply to Objection 3: He that sins venially, cleaves to temporal good, not as enjoying it, because he does not fix his end in it, but as using it, by referring it to God, not actually but habitually.
Reply to Objection 4: Mutable good is not considered to be a term in contraposition to the immutable good, unless one’s end is fixed therein: because what is referred to the end has not the character of finality.
2-Whether mortal and venial sin differ generically?
Objection 1: It would seem that venial and mortal sin do not differ generically, so that some sins be generically mortal, and some generically venial. Because human acts are considered to be generically good or evil according to their matter or object, as stated above ([1918]Q[18], A[2]). Now either mortal or venial sin may be committed in regard to any object or matter: since man can love any mutable good, either less than God, which may be a venial sin, or more than God, which is a mortal sin. Therefore venial and mortal sin do not differ generically.
Objection 2: Further, as stated above [1919](A[1]; Q[72], A[5]; Q[87], A[3]), a sin is called mortal when it is irreparable, venial when it can be repaired. Now irreparability belongs to sin committed out of malice, which, according to some, is irremissible: whereas reparability belongs to sins committed through weakness or ignorance, which are remissible. Therefore mortal and venial sin differ as sin committed through malice differs from sin committed through weakness or ignorance. But, in this respect, sins differ not in genus but in cause, as stated above (Q[77], A[8], ad 1). Therefore venial and mortal sin do not differ generically.
Objection 3: Further, it was stated above ([1920]Q[74], A[3], ad 3; A[10]) that sudden movements both of the sensuality and of the reason are venial sins. But sudden movements occur in every kind of sin. Therefore no sins are generically venial.
On the contrary, Augustine, in a sermon on Purgatory (De Sanctis, serm. xli), enumerates certain generic venial sins, and certain generic mortal sins.
I answer that, Venial sin is so called from “venia” [pardon]. Consequently a sin may be called venial, first of all, because it has been pardoned: thus Ambrose says that “penance makes every sin venial”: and this is called venial “from the result.” Secondly, a sin is called venial because it does not contain anything either partially or totally, to prevent its being pardoned: partially, as when a sin contains something diminishing its guilt, e.g. a sin committed through weakness or ignorance: and this is called venial “from the cause”: totally, through not destroying the order to the last end, wherefore it deserves temporal, but not everlasting punishment. It is of this venial sin that we wish to speak now.
For as regards the first two, it is evident that they have no determinate genus: whereas venial sin, taken in the third sense, can have a determinate genus, so that one sin may be venial generically, and another generically mortal, according as the genus or species of an act is determined by its object. For, when the will is directed to a thing that is in itself contrary to charity, whereby man is directed to his last end, the sin is mortal by reason of its object. Consequently it is a mortal sin generically, whether it be contrary to the love of God, e.g. blasphemy, perjury, and the like, or against the love of one’s neighbor, e.g. murder, adultery, and such like: wherefore such sins are mortal by reason of their genus. Sometimes, however, the sinner’s will is directed to a thing containing a certain inordinateness, but which is not contrary to the love of God and one’s neighbor, e.g. an idle word, excessive laughter, and so forth: and such sins are venial by reason of their genus.
Nevertheless, since moral acts derive their character of goodness and malice, not only from their objects, but also from some disposition of the agent, as stated above ([1921]Q[18], AA[4],6), it happens sometimes that a sin which is venial generically by reason of its object, becomes mortal on the part of the agent, either because he fixes his last end therein, or because he directs it to something that is a mortal sin in its own genus; for example, if a man direct an idle word to the commission of adultery. In like manner it may happen, on the part of the agent, that a sin generically mortal becomes venial, by reason of the act being imperfect, i.e. not deliberated by reason, which is the proper principle of an evil act, as we have said above in reference to sudden movements of unbelief.
Reply to Objection 1: The very fact that anyone chooses something that is contrary to divine charity, proves that he prefers it to the love of God, and consequently, that he loves it more than he loves God. Hence it belongs to the genus of some sins, which are of themselves contrary to charity, that something is loved more than God; so that they are mortal by reason of their genus.
Reply to Objection 2: This argument considers those sins which are venial from their cause.
Reply to Objection 3: This argument considers those sins which are venial by reason of the imperfection of the act.
3-Whether venial sin is a disposition to mortal sin?
Objection 1: It would seem that venial sin is not a disposition to mortal sin. For one contrary does not dispose to another. But venial and mortal sin are condivided as contrary to one another, as stated above [1922](A[1]). Therefore venial sin is not a disposition to mortal sin.
Objection 2: Further, an act disposes to something of like species, wherefore it is stated in Ethic. ii, 1,2, that “from like acts like dispositions and habits are engendered.” But mortal and venial sin differ in genus or species, as stated above [1923](A[2]). Therefore venial sin does not dispose to mortal sin.
Objection 3: Further, if a sin is called venial because it disposes to mortal sin, it follows that whatever disposes to mortal sin is a venial sin. Now every good work disposes to mortal sin; wherefore Augustine says in his Rule (Ep. ccxi) that “pride lies in wait for good works that it may destroy them.” Therefore even good works would be venial sins, which is absurd.
On the contrary, It is written (Ecclus. 19:1): “He that contemneth small things shall fall by little and little.” Now he that sins venially seems to contemn small things. Therefore by little and little he is disposed to fall away together into mortal sin.
I answer that, A disposition is a kind of cause; wherefore as there is a twofold manner of cause, so is there a twofold manner of disposition. For there is a cause which moves directly to the production of the effect, as a hot thing heats: and there is a cause which moves indirectly, by removing an obstacle, as he who displaces a pillar is said to displace the stone that rests on it. Accordingly an act of sin disposes to something in two ways. First, directly, and thus it disposes to an act of like species. In this way, a sin generically venial does not, primarily and of its nature, dispose to a sin generically mortal, for they differ in species. Nevertheless, in this same way, a venial sin can dispose, by way of consequence, to a sin which is mortal on the part of the agent: because the disposition or habit may be so far strengthened by acts of venial sin, that the lust of sinning increases, and the sinner fixes his end in that venial sin: since the end for one who has a habit, as such, is to work according to that habit; and the consequence will be that, by sinning often venially, he becomes disposed to a mortal sin. Secondly, a human act disposes to something by removing an obstacle thereto. In this way a sin generically venial can dispose to a sin generically mortal. Because he that commits a sin generically venial, turns aside from some particular order;
and through accustoming his will not to be subject to the due order in lesser matters, is disposed not to subject his will even to the order of the last end, by choosing something that is a mortal sin in its genus.
Reply to Objection 1: Venial and mortal sin are not condivided in contrariety to one another, as though they were species of one genus, as stated above (A[1], ad 1), but as an accident is condivided with substance. Wherefore an accident can be a disposition to a substantial form, so can a venial sin dispose to mortal.
Reply to Objection 2: Venial sin is not like mortal sin in species; but it is in genus, inasmuch as they both imply a defect of due order, albeit in different ways, as stated ([1924]AA[1],2).
Reply to Objection 3: A good work is not, of itself, a disposition to mortal sin; but it can be the matter or occasion of mortal sin accidentally; whereas a venial sin, of its very nature, disposes to mortal sin, as stated.
4-Whether a venial sin can become mortal?
Objection 1: It would seem that a venial sin can become a mortal sin. For Augustine in explaining the words of Jn. 3:36: “He that believeth not the Son, shall not see life,” says (Tract. xii in Joan.): “The slightest,” i.e. venial, “sins kill if we make little of them.” Now a sin is called mortal through causing the spiritual death of the soul. Therefore a venial sin can become mortal.
Objection 2: Further, a movement in the sensuality before the consent of reason, is a venial sin, but after consent, is a mortal sin, as stated above ([1925]Q[74], A[8], ad 2). Therefore a venial sin can become mortal.
Objection 3: Further, venial and mortal sin differ as curable and incurable disease, as stated above [1926](A[1]). But a curable disease may become incurable. Therefore a venial sin may become mortal.
Objection 4: Further, a disposition may become a habit. Now venial sin is a disposition to mortal, as stated [1927](A[3]). Therefore a venial sin can become mortal.
I answer that, The fact of a venial sin becoming a mortal sin may be understood in three ways. First, so that the same identical act be at first a venial, and then a mortal sin. This is impossible: because a sin, like any moral act, consists chiefly in an act of the will:
so that an act is not one morally, if the will be changed, although the act be continuous physically. If, however, the will be not changed, it is not possible for a venial sin to become mortal.
Secondly, this may be taken to mean that a sin generically venial, becomes mortal. This is possible, in so far as one may fix one’s end in that venial sin, or direct it to some mortal sin as end, as stated above [1928](A[2]).
Thirdly, this may be understood in the sense of many venial sins constituting one mortal sin. If this be taken as meaning that many venial sins added together make one mortal sin, it is false, because all the venial sins in the world cannot incur a debt of punishment equal to that of one mortal sin. This is evident as regards the duration of the punishment, since mortal sin incurs a debt of eternal punishment, while venial sin incurs a debt of temporal punishment, as stated above ([1929]Q[87], AA[3],5). It is also evident as regards the pain of loss, because mortal sins deserve to be punished by the privation of seeing God, to which no other punishment is comparable, as Chrysostom states (Hom. xxiv in Matth.). It is also evident as regards the pain of sense, as to the remorse of conscience; although as to the pain of fire, the punishments may perhaps not be improportionate to one another.
If, however, this be taken as meaning that many venial sins make one mortal sin dispositively, it is true, as was shown above [1930](A[3]) with regard to the two different manners of disposition, whereby venial sin disposes to mortal sin.
Reply to Objection 1: Augustine is referring to the fact of many venial sins making one mortal sin dispositively.
Reply to Objection 2: The same movement of the sensuality which preceded the consent of reason can never become a mortal sin; but the movement of the reason in consenting is a mortal sin.
Reply to Objection 3: Disease of the body is not an act, but an abiding disposition; wherefore, while remaining the same disease, it may undergo change. On the other hand, venial sin is a transient act, which cannot be taken up again: so that in this respect the comparison fails.
Reply to Objection 4: A disposition that becomes a habit, is like an imperfect thing in the same species; thus imperfect science, by being perfected, becomes a habit. On the other hand, venial sin is a disposition to something differing generically, even as an accident which disposes to a substantial form, into which it is never changed.
5-Whether a circumstance can make a venial sin to be mortal?
Objection 1: It would seem that a circumstance can make a venial sin mortal. For Augustine says in a sermon on Purgatory (De Sanctis, serm. xli) that “if anger continue for a long time, or if drunkenness be frequent, they become mortal sins.” But anger and drunkenness are not mortal but venial sins generically, else they would always be mortal sins. Therefore a circumstance makes a venial sin to be mortal.
Objection 2: Further, the Master says ( Sentent. ii, D, 24) that delectation, if morose [*See[1931] Q[74], A[6]], is a mortal sin, but that if it be not morose, it is a venial sin. Now moroseness is a circumstance. Therefore a circumstance makes a venial sin to be mortal.
Objection 3: Further, evil and good differ more than venial and mortal sin, both of which are generically evil. But a circumstance makes a good act to be evil, as when a man gives an alms for vainglory. Much more, therefore, can it make a venial sin to be mortal.
On the contrary, Since a circumstance is an accident, its quantity cannot exceed that of the act itself, derived from the act’s genus, because the subject always excels its accident. If, therefore, an act be venial by reason of its genus, it cannot become mortal by reason of an accident: since, in a way, mortal sin infinitely surpasses the quantity of venial sin, as is evident from what has been said ([1932]Q[72], A[5], ad 1;[1933] Q[87], A[5], ad 1).
I answer that, As stated above (Q[7], A[1]; Q[18], A[5], ad 4; AA[10] ,11), when we were treating of circumstances, a circumstance, as such, is an accident of the moral act: and yet a circumstance may happen to be taken as the specific difference of a moral act, and then it loses its nature of circumstance, and constitutes the species of the moral act. This happens in sins when a circumstance adds the deformity of another genus; thus when a man has knowledge of another woman than his wife, the deformity of his act is opposed to chastity; but if this other be another man’s wife, there is an additional deformity opposed to justice which forbids one to take what belongs to another; and accordingly this circumstance constitutes a new species of sin known as adultery.
It is, however, impossible for a circumstance to make a venial sin become mortal, unless it adds the deformity of another species. For it has been stated above [1934](A[1]) that the deformity of a venial sin consists in a disorder affecting things that are referred to the end, whereas the deformity of a mortal sin consists in a disorder about the last end. Consequently it is evident that a circumstance cannot make a venial sin to be mortal, so long as it remains a circumstance, but only when it transfers the sin to another species, and becomes, as it were, the specific difference of the moral act.
Reply to Objection 1: Length of time is not a circumstance that draws a sin to another species, nor is frequency or custom, except perhaps by something accidental supervening. For an action does not acquire a new species through being repeated or prolonged, unless by chance something supervene in the repeated or prolonged act to change its species, e.g. disobedience, contempt, or the like.
We must therefore reply to the objection by saying that since anger is a movement of the soul tending to the hurt of one’s neighbor, if the angry movement tend to a hurt which is a mortal sin generically, such as murder or robbery, that anger will be a mortal sin generically: and if it be a venial sin, this will be due to the imperfection of the act, in so far as it is a sudden movement of the sensuality: whereas, if it last a long time, it returns to its generic nature, through the consent of reason. If, on the other hand, the hurt to which the angry movement tends, is a sin generically venial, for instance, if a man be angry with someone, so as to wish to say some trifling word in jest that would hurt him a little, the anger will not be mortal sin, however long it last, unless perhaps accidentally; for instance, if it were to give rise to great scandal or something of the kind.
With regard to drunkenness we reply that it is a mortal sin by reason of its genus; for, that a man, without necessity, and through the mere lust of wine, make himself unable to use his reason, whereby he is directed to God and avoids committing many sins, is expressly contrary to virtue. That it be a venial sin, is due some sort of ignorance or weakness, as when a man is ignorant of the strength of the wine, or of his own unfitness, so that he has no thought of getting drunk, for in that case the drunkenness is not imputed to him as a sin, but only the excessive drink. If, however, he gets drunk frequently, this ignorance no longer avails as an excuse, for his will seems to choose to give way to drunkenness rather than to refrain from excess of wine: wherefore the sin returns to its specific nature.
Reply to Objection 2: Morose delectation is not a mortal sin except in those matters which are mortal sins generically. In such matters, if the delectation be not morose, there is a venial sin through imperfection of the act, as we have said with regard to anger (ad 1): because anger is said to be lasting, and delectation to be morose, on account of the approval of the deliberating reason.
Reply to Objection 3: A circumstance does not make a good act to be evil, unless it constitute the species of a sin, as we have stated above ([1935]Q[18], A[5] , ad 4).
6-Whether a mortal sin can become venial?
Objection 1: It would seem that a mortal sin can become venial. Because venial sin is equally distant from mortal, as mortal sin is from venial. But a venial sin can become mortal, as stated above [1936](A[5]). Therefore also a mortal sin can become venial.
Objection 2: Further, venial and mortal sin are said to differ in this, that he who sins mortally loves a creature more than God, while he who sins venially loves the creature less than God. Now it may happen that a person in committing a sin generically mortal, loves a creature less than God; for instance, if anyone being ignorant that simple fornication is a mortal sin, and contrary to the love of God, commits the sin of fornication, yet so as to be ready, for the love of God, to refrain from that sin if he knew that by committing it he was acting counter to the love of God. Therefore his will be a venial sin; and accordingly a mortal sin can become venial.
Objection 3: Further, as stated above (A[5], OBJ[3]), good is more distant from evil, than venial from mortal sin. But an act which is evil in itself, can become good; thus to kill a man may be an act of justice, as when a judge condemns a thief to death. Much more therefore can a mortal sin become venial.
On the contrary, An eternal thing can never become temporal. But mortal sin deserves eternal punishment, whereas venial sin deserves temporal punishment. Therefore a mortal sin can never become venial.
I answer that, Venial and mortal differ as perfect and imperfect in the genus of sin, as stated above (A[1], ad 1). Now the imperfect can become perfect, by some sort of addition: and, consequently, a venial sin can become mortal, by the addition of some deformity pertaining to the genus of mortal sin, as when a man utters an idle word for the purpose of fornication. On the other hand, the perfect cannot become imperfect, by addition; and so a mortal sin cannot become venial, by the addition of a deformity pertaining to the genus of venial sin, for the sin is not diminished if a man commit fornication in order to utter an idle word; rather is it aggravated by the additional deformity.
Nevertheless a sin which is generically mortal, can become venial by reason of the imperfection of the act, because then it does not completely fulfil the conditions of a moral act, since it is not a deliberate, but a sudden act, as is evident from what we have said above [1937](A[2]). This happens by a kind of subtraction, namely, of deliberate reason. And since a moral act takes its species from deliberate reason, the result is that by such a subtraction the species of the act is destroyed.
Reply to Objection 1: Venial differs from mortal as imperfect from perfect, even as a boy differs from a man. But the boy becomes a man and not vice versa. Hence the argument does not prove.
Reply to Objection 2: If the ignorance be such as to excuse sin altogether, as the ignorance of a madman or an imbecile, then he that commits fornication in a state of such ignorance, commits no sin either mortal or venial. But if the ignorance be not invincible, then the ignorance itself is a sin, and contains within itself the lack of the love of God, in so far as a man neglects to learn those things whereby he can safeguard himself in the love of God.
Reply to Objection 3: As Augustine says (Contra Mendacium vii), “those things which are evil in themselves, cannot be well done for any good end.” Now murder is the slaying of the innocent, and this can nowise be well done. But, as Augustine states (De Lib. Arb. i, 4,5), the judge who sentences a thief to death, or the soldier who slays the enemy of the common weal, are not murderers.
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Summa Theologica - Thomas Aquinas - OF VENIAL AND MORTAL SIN - EVIL HABITS, i.e. VICES AND SINS (QQ[71]-8 - First Section
Under the first head there are six points of inquiry:
(1) Whether venial sin is fittingly condivided with mortal sin?
(2) Whether they differ generically?
(3) Whether venial sin is a disposition to mortal sin?
(4) Whether a venial sin can become mortal?
(5) Whether a venial sin can become mortal by reason of an aggravating circumstance?
(6) Whether a mortal sin can become venial?
1-Whether venial sin is fittingly condivided with mortal sin?
Objection 1: It would seem that venial sin is unfittingly condivided with mortal sin. For Augustine says (Contra Faust. xxii, 27): “Sin is a word, deed or desire contrary to the eternal law.” But the fact of being against the eternal law makes a sin to be mortal. Consequently every sin is mortal. Therefore venial sin is not condivided with mortal sin.
Objection 2: Further, the Apostle says (1 Cor. 10:31): “Whether you eat or drink, or whatever else you do; do all to the glory of God.” Now whoever sins breaks this commandment, because sin is not done for God’s glory. Consequently, since to break a commandment is to commit a mortal sin, it seems that whoever sins, sins mortally.
Objection 3: Further, whoever cleaves to a thing by love, cleaves either as enjoying it, or as using it, as Augustine states (De Doctr. Christ. i, 3,4). But no person, in sinning, cleaves to a mutable good as using it: because he does not refer it to that good which gives us happiness, which, properly speaking, is to use, according to Augustine (De Doctr. Christ. i, 3,4). Therefore whoever sins enjoys a mutable good. Now “to enjoy what we should use is human perverseness,” as Augustine again says (Qq. lxxxiii, qu. 30). Therefore, since “perverseness” [*The Latin ‘pervertere’ means to overthrow, to destroy, hence ‘perversion’ of God’s law is a mortal sin.] denotes a mortal sin, it seems that whoever sins, sins mortally.
Objection 4: Further, whoever approaches one term, from that very fact turns away from the opposite. Now whoever sins, approaches a mutable good, and, consequently turns away from the immutable good, so that he sins mortally. Therefore venial sin is unfittingly condivided with mortal sin.
On the contrary, Augustine says (Tract. xli in Joan.), that “a crime is one that merits damnation, and a venial sin, one that does not.” But a crime denotes a mortal sin. Therefore venial sin is fittingly condivided with mortal sin.
I answer that, Certain terms do not appear to be mutually opposed, if taken in their proper sense, whereas they are opposed if taken metaphorically: thus “to smile” is not opposed to “being dry”; but if we speak of the smiling meadows when they are decked with flowers and fresh with green hues this is opposed to drought. In like manner if mortal be taken literally as referring to the death of the body, it does not imply opposition to venial, nor belong to the same genus. But if mortal be taken metaphorically, as applied to sin, it is opposed to that which is venial.
For sin, being a sickness of the soul, as stated above ([1910]Q[71], A[1], ad 3;[1911] Q[72], A[5];[1912] Q[74], A[9], ad 2), is said to be mortal by comparison with a disease, which is said to be mortal, through causing an irreparable defect consisting in the corruption of a principle, as stated above ([1913]Q[72], A[5]). Now the principle of the spiritual life, which is a life in accord with virtue, is the order to the last end, as stated above ([1914]Q[72], A[5];[1915] Q[87], A[3]): and if this order be corrupted, it cannot be repaired by any intrinsic principle, but by the power of God alone, as stated above ([1916]Q[87], A[3]), because disorders in things referred to the end, are repaired through the end, even as an error about conclusions can be repaired through the truth of the principles. Hence the defect of order to the last end cannot be repaired through something else as a higher principle, as neither can an error about principles. Wherefore such sins are called mortal, as being irreparable. On the other hand, sins which imply a disorder in things referred to the end, the order to the end itself being preserved, are reparable. These sins are called venial: because a sin receives its acquittal [veniam] when the debt of punishment is taken away, and this ceases when the sin ceases, as explained above ([1917]Q[87], A[6]).
Accordingly, mortal and venial are mutually opposed as reparable and irreparable: and I say this with reference to the intrinsic principle, but not to the Divine power, which can repair all diseases, whether of the body or of the soul. Therefore venial sin is fittingly condivided with mortal sin.
Reply to Objection 1: The division of sin into venial and mortal is not a division of a genus into its species which have an equal share of the generic nature: but it is the division of an analogous term into its parts, of which it is predicated, of the one first, and of the other afterwards. Consequently the perfect notion of sin, which Augustine gives, applies to mortal sin. On the other hand, venial sin is called a sin, in reference to an imperfect notion of sin, and in relation to mortal sin: even as an accident is called a being, in relation to substance, in reference to the imperfect notion of being.
For it is not “against” the law, since he who sins venially neither does what the law forbids, nor omits what the law prescribes to be done; but he acts “beside” the law, through not observing the mode of reason, which the law intends.
Reply to Objection 2: This precept of the Apostle is affirmative, and so it does not bind for all times. Consequently everyone who does not actually refer all his actions to the glory of God, does not therefore act against this precept. In order, therefore, to avoid mortal sin each time that one fails actually to refer an action to God’s glory, it is enough to refer oneself and all that one has to God habitually. Now venial sin excludes only actual reference of the human act to God’s glory, and not habitual reference: because it does not exclude charity, which refers man to God habitually. Therefore it does not follow that he who sins venially, sins mortally.
Reply to Objection 3: He that sins venially, cleaves to temporal good, not as enjoying it, because he does not fix his end in it, but as using it, by referring it to God, not actually but habitually.
Reply to Objection 4: Mutable good is not considered to be a term in contraposition to the immutable good, unless one’s end is fixed therein: because what is referred to the end has not the character of finality.
2-Whether mortal and venial sin differ generically?
Objection 1: It would seem that venial and mortal sin do not differ generically, so that some sins be generically mortal, and some generically venial. Because human acts are considered to be generically good or evil according to their matter or object, as stated above ([1918]Q[18], A[2]). Now either mortal or venial sin may be committed in regard to any object or matter: since man can love any mutable good, either less than God, which may be a venial sin, or more than God, which is a mortal sin. Therefore venial and mortal sin do not differ generically.
Objection 2: Further, as stated above [1919](A[1]; Q[72], A[5]; Q[87], A[3]), a sin is called mortal when it is irreparable, venial when it can be repaired. Now irreparability belongs to sin committed out of malice, which, according to some, is irremissible: whereas reparability belongs to sins committed through weakness or ignorance, which are remissible. Therefore mortal and venial sin differ as sin committed through malice differs from sin committed through weakness or ignorance. But, in this respect, sins differ not in genus but in cause, as stated above (Q[77], A[8], ad 1). Therefore venial and mortal sin do not differ generically.
Objection 3: Further, it was stated above ([1920]Q[74], A[3], ad 3; A[10]) that sudden movements both of the sensuality and of the reason are venial sins. But sudden movements occur in every kind of sin. Therefore no sins are generically venial.
On the contrary, Augustine, in a sermon on Purgatory (De Sanctis, serm. xli), enumerates certain generic venial sins, and certain generic mortal sins.
I answer that, Venial sin is so called from “venia” [pardon]. Consequently a sin may be called venial, first of all, because it has been pardoned: thus Ambrose says that “penance makes every sin venial”: and this is called venial “from the result.” Secondly, a sin is called venial because it does not contain anything either partially or totally, to prevent its being pardoned: partially, as when a sin contains something diminishing its guilt, e.g. a sin committed through weakness or ignorance: and this is called venial “from the cause”: totally, through not destroying the order to the last end, wherefore it deserves temporal, but not everlasting punishment. It is of this venial sin that we wish to speak now.
For as regards the first two, it is evident that they have no determinate genus: whereas venial sin, taken in the third sense, can have a determinate genus, so that one sin may be venial generically, and another generically mortal, according as the genus or species of an act is determined by its object. For, when the will is directed to a thing that is in itself contrary to charity, whereby man is directed to his last end, the sin is mortal by reason of its object. Consequently it is a mortal sin generically, whether it be contrary to the love of God, e.g. blasphemy, perjury, and the like, or against the love of one’s neighbor, e.g. murder, adultery, and such like: wherefore such sins are mortal by reason of their genus. Sometimes, however, the sinner’s will is directed to a thing containing a certain inordinateness, but which is not contrary to the love of God and one’s neighbor, e.g. an idle word, excessive laughter, and so forth: and such sins are venial by reason of their genus.
Nevertheless, since moral acts derive their character of goodness and malice, not only from their objects, but also from some disposition of the agent, as stated above ([1921]Q[18], AA[4],6), it happens sometimes that a sin which is venial generically by reason of its object, becomes mortal on the part of the agent, either because he fixes his last end therein, or because he directs it to something that is a mortal sin in its own genus; for example, if a man direct an idle word to the commission of adultery. In like manner it may happen, on the part of the agent, that a sin generically mortal becomes venial, by reason of the act being imperfect, i.e. not deliberated by reason, which is the proper principle of an evil act, as we have said above in reference to sudden movements of unbelief.
Reply to Objection 1: The very fact that anyone chooses something that is contrary to divine charity, proves that he prefers it to the love of God, and consequently, that he loves it more than he loves God. Hence it belongs to the genus of some sins, which are of themselves contrary to charity, that something is loved more than God; so that they are mortal by reason of their genus.
Reply to Objection 2: This argument considers those sins which are venial from their cause.
Reply to Objection 3: This argument considers those sins which are venial by reason of the imperfection of the act.
3-Whether venial sin is a disposition to mortal sin?
Objection 1: It would seem that venial sin is not a disposition to mortal sin. For one contrary does not dispose to another. But venial and mortal sin are condivided as contrary to one another, as stated above [1922](A[1]). Therefore venial sin is not a disposition to mortal sin.
Objection 2: Further, an act disposes to something of like species, wherefore it is stated in Ethic. ii, 1,2, that “from like acts like dispositions and habits are engendered.” But mortal and venial sin differ in genus or species, as stated above [1923](A[2]). Therefore venial sin does not dispose to mortal sin.
Objection 3: Further, if a sin is called venial because it disposes to mortal sin, it follows that whatever disposes to mortal sin is a venial sin. Now every good work disposes to mortal sin; wherefore Augustine says in his Rule (Ep. ccxi) that “pride lies in wait for good works that it may destroy them.” Therefore even good works would be venial sins, which is absurd.
On the contrary, It is written (Ecclus. 19:1): “He that contemneth small things shall fall by little and little.” Now he that sins venially seems to contemn small things. Therefore by little and little he is disposed to fall away together into mortal sin.
I answer that, A disposition is a kind of cause; wherefore as there is a twofold manner of cause, so is there a twofold manner of disposition. For there is a cause which moves directly to the production of the effect, as a hot thing heats: and there is a cause which moves indirectly, by removing an obstacle, as he who displaces a pillar is said to displace the stone that rests on it. Accordingly an act of sin disposes to something in two ways. First, directly, and thus it disposes to an act of like species. In this way, a sin generically venial does not, primarily and of its nature, dispose to a sin generically mortal, for they differ in species. Nevertheless, in this same way, a venial sin can dispose, by way of consequence, to a sin which is mortal on the part of the agent: because the disposition or habit may be so far strengthened by acts of venial sin, that the lust of sinning increases, and the sinner fixes his end in that venial sin: since the end for one who has a habit, as such, is to work according to that habit; and the consequence will be that, by sinning often venially, he becomes disposed to a mortal sin. Secondly, a human act disposes to something by removing an obstacle thereto. In this way a sin generically venial can dispose to a sin generically mortal. Because he that commits a sin generically venial, turns aside from some particular order;
and through accustoming his will not to be subject to the due order in lesser matters, is disposed not to subject his will even to the order of the last end, by choosing something that is a mortal sin in its genus.
Reply to Objection 1: Venial and mortal sin are not condivided in contrariety to one another, as though they were species of one genus, as stated above (A[1], ad 1), but as an accident is condivided with substance. Wherefore an accident can be a disposition to a substantial form, so can a venial sin dispose to mortal.
Reply to Objection 2: Venial sin is not like mortal sin in species; but it is in genus, inasmuch as they both imply a defect of due order, albeit in different ways, as stated ([1924]AA[1],2).
Reply to Objection 3: A good work is not, of itself, a disposition to mortal sin; but it can be the matter or occasion of mortal sin accidentally; whereas a venial sin, of its very nature, disposes to mortal sin, as stated.
4-Whether a venial sin can become mortal?
Objection 1: It would seem that a venial sin can become a mortal sin. For Augustine in explaining the words of Jn. 3:36: “He that believeth not the Son, shall not see life,” says (Tract. xii in Joan.): “The slightest,” i.e. venial, “sins kill if we make little of them.” Now a sin is called mortal through causing the spiritual death of the soul. Therefore a venial sin can become mortal.
Objection 2: Further, a movement in the sensuality before the consent of reason, is a venial sin, but after consent, is a mortal sin, as stated above ([1925]Q[74], A[8], ad 2). Therefore a venial sin can become mortal.
Objection 3: Further, venial and mortal sin differ as curable and incurable disease, as stated above [1926](A[1]). But a curable disease may become incurable. Therefore a venial sin may become mortal.
Objection 4: Further, a disposition may become a habit. Now venial sin is a disposition to mortal, as stated [1927](A[3]). Therefore a venial sin can become mortal.
I answer that, The fact of a venial sin becoming a mortal sin may be understood in three ways. First, so that the same identical act be at first a venial, and then a mortal sin. This is impossible: because a sin, like any moral act, consists chiefly in an act of the will:
so that an act is not one morally, if the will be changed, although the act be continuous physically. If, however, the will be not changed, it is not possible for a venial sin to become mortal.
Secondly, this may be taken to mean that a sin generically venial, becomes mortal. This is possible, in so far as one may fix one’s end in that venial sin, or direct it to some mortal sin as end, as stated above [1928](A[2]).
Thirdly, this may be understood in the sense of many venial sins constituting one mortal sin. If this be taken as meaning that many venial sins added together make one mortal sin, it is false, because all the venial sins in the world cannot incur a debt of punishment equal to that of one mortal sin. This is evident as regards the duration of the punishment, since mortal sin incurs a debt of eternal punishment, while venial sin incurs a debt of temporal punishment, as stated above ([1929]Q[87], AA[3],5). It is also evident as regards the pain of loss, because mortal sins deserve to be punished by the privation of seeing God, to which no other punishment is comparable, as Chrysostom states (Hom. xxiv in Matth.). It is also evident as regards the pain of sense, as to the remorse of conscience; although as to the pain of fire, the punishments may perhaps not be improportionate to one another.
If, however, this be taken as meaning that many venial sins make one mortal sin dispositively, it is true, as was shown above [1930](A[3]) with regard to the two different manners of disposition, whereby venial sin disposes to mortal sin.
Reply to Objection 1: Augustine is referring to the fact of many venial sins making one mortal sin dispositively.
Reply to Objection 2: The same movement of the sensuality which preceded the consent of reason can never become a mortal sin; but the movement of the reason in consenting is a mortal sin.
Reply to Objection 3: Disease of the body is not an act, but an abiding disposition; wherefore, while remaining the same disease, it may undergo change. On the other hand, venial sin is a transient act, which cannot be taken up again: so that in this respect the comparison fails.
Reply to Objection 4: A disposition that becomes a habit, is like an imperfect thing in the same species; thus imperfect science, by being perfected, becomes a habit. On the other hand, venial sin is a disposition to something differing generically, even as an accident which disposes to a substantial form, into which it is never changed.
5-Whether a circumstance can make a venial sin to be mortal?
Objection 1: It would seem that a circumstance can make a venial sin mortal. For Augustine says in a sermon on Purgatory (De Sanctis, serm. xli) that “if anger continue for a long time, or if drunkenness be frequent, they become mortal sins.” But anger and drunkenness are not mortal but venial sins generically, else they would always be mortal sins. Therefore a circumstance makes a venial sin to be mortal.
Objection 2: Further, the Master says ( Sentent. ii, D, 24) that delectation, if morose [*See[1931] Q[74], A[6]], is a mortal sin, but that if it be not morose, it is a venial sin. Now moroseness is a circumstance. Therefore a circumstance makes a venial sin to be mortal.
Objection 3: Further, evil and good differ more than venial and mortal sin, both of which are generically evil. But a circumstance makes a good act to be evil, as when a man gives an alms for vainglory. Much more, therefore, can it make a venial sin to be mortal.
On the contrary, Since a circumstance is an accident, its quantity cannot exceed that of the act itself, derived from the act’s genus, because the subject always excels its accident. If, therefore, an act be venial by reason of its genus, it cannot become mortal by reason of an accident: since, in a way, mortal sin infinitely surpasses the quantity of venial sin, as is evident from what has been said ([1932]Q[72], A[5], ad 1;[1933] Q[87], A[5], ad 1).
I answer that, As stated above (Q[7], A[1]; Q[18], A[5], ad 4; AA[10] ,11), when we were treating of circumstances, a circumstance, as such, is an accident of the moral act: and yet a circumstance may happen to be taken as the specific difference of a moral act, and then it loses its nature of circumstance, and constitutes the species of the moral act. This happens in sins when a circumstance adds the deformity of another genus; thus when a man has knowledge of another woman than his wife, the deformity of his act is opposed to chastity; but if this other be another man’s wife, there is an additional deformity opposed to justice which forbids one to take what belongs to another; and accordingly this circumstance constitutes a new species of sin known as adultery.
It is, however, impossible for a circumstance to make a venial sin become mortal, unless it adds the deformity of another species. For it has been stated above [1934](A[1]) that the deformity of a venial sin consists in a disorder affecting things that are referred to the end, whereas the deformity of a mortal sin consists in a disorder about the last end. Consequently it is evident that a circumstance cannot make a venial sin to be mortal, so long as it remains a circumstance, but only when it transfers the sin to another species, and becomes, as it were, the specific difference of the moral act.
Reply to Objection 1: Length of time is not a circumstance that draws a sin to another species, nor is frequency or custom, except perhaps by something accidental supervening. For an action does not acquire a new species through being repeated or prolonged, unless by chance something supervene in the repeated or prolonged act to change its species, e.g. disobedience, contempt, or the like.
We must therefore reply to the objection by saying that since anger is a movement of the soul tending to the hurt of one’s neighbor, if the angry movement tend to a hurt which is a mortal sin generically, such as murder or robbery, that anger will be a mortal sin generically: and if it be a venial sin, this will be due to the imperfection of the act, in so far as it is a sudden movement of the sensuality: whereas, if it last a long time, it returns to its generic nature, through the consent of reason. If, on the other hand, the hurt to which the angry movement tends, is a sin generically venial, for instance, if a man be angry with someone, so as to wish to say some trifling word in jest that would hurt him a little, the anger will not be mortal sin, however long it last, unless perhaps accidentally; for instance, if it were to give rise to great scandal or something of the kind.
With regard to drunkenness we reply that it is a mortal sin by reason of its genus; for, that a man, without necessity, and through the mere lust of wine, make himself unable to use his reason, whereby he is directed to God and avoids committing many sins, is expressly contrary to virtue. That it be a venial sin, is due some sort of ignorance or weakness, as when a man is ignorant of the strength of the wine, or of his own unfitness, so that he has no thought of getting drunk, for in that case the drunkenness is not imputed to him as a sin, but only the excessive drink. If, however, he gets drunk frequently, this ignorance no longer avails as an excuse, for his will seems to choose to give way to drunkenness rather than to refrain from excess of wine: wherefore the sin returns to its specific nature.
Reply to Objection 2: Morose delectation is not a mortal sin except in those matters which are mortal sins generically. In such matters, if the delectation be not morose, there is a venial sin through imperfection of the act, as we have said with regard to anger (ad 1): because anger is said to be lasting, and delectation to be morose, on account of the approval of the deliberating reason.
Reply to Objection 3: A circumstance does not make a good act to be evil, unless it constitute the species of a sin, as we have stated above ([1935]Q[18], A[5] , ad 4).
6-Whether a mortal sin can become venial?
Objection 1: It would seem that a mortal sin can become venial. Because venial sin is equally distant from mortal, as mortal sin is from venial. But a venial sin can become mortal, as stated above [1936](A[5]). Therefore also a mortal sin can become venial.
Objection 2: Further, venial and mortal sin are said to differ in this, that he who sins mortally loves a creature more than God, while he who sins venially loves the creature less than God. Now it may happen that a person in committing a sin generically mortal, loves a creature less than God; for instance, if anyone being ignorant that simple fornication is a mortal sin, and contrary to the love of God, commits the sin of fornication, yet so as to be ready, for the love of God, to refrain from that sin if he knew that by committing it he was acting counter to the love of God. Therefore his will be a venial sin; and accordingly a mortal sin can become venial.
Objection 3: Further, as stated above (A[5], OBJ[3]), good is more distant from evil, than venial from mortal sin. But an act which is evil in itself, can become good; thus to kill a man may be an act of justice, as when a judge condemns a thief to death. Much more therefore can a mortal sin become venial.
On the contrary, An eternal thing can never become temporal. But mortal sin deserves eternal punishment, whereas venial sin deserves temporal punishment. Therefore a mortal sin can never become venial.
I answer that, Venial and mortal differ as perfect and imperfect in the genus of sin, as stated above (A[1], ad 1). Now the imperfect can become perfect, by some sort of addition: and, consequently, a venial sin can become mortal, by the addition of some deformity pertaining to the genus of mortal sin, as when a man utters an idle word for the purpose of fornication. On the other hand, the perfect cannot become imperfect, by addition; and so a mortal sin cannot become venial, by the addition of a deformity pertaining to the genus of venial sin, for the sin is not diminished if a man commit fornication in order to utter an idle word; rather is it aggravated by the additional deformity.
Nevertheless a sin which is generically mortal, can become venial by reason of the imperfection of the act, because then it does not completely fulfil the conditions of a moral act, since it is not a deliberate, but a sudden act, as is evident from what we have said above [1937](A[2]). This happens by a kind of subtraction, namely, of deliberate reason. And since a moral act takes its species from deliberate reason, the result is that by such a subtraction the species of the act is destroyed.
Reply to Objection 1: Venial differs from mortal as imperfect from perfect, even as a boy differs from a man. But the boy becomes a man and not vice versa. Hence the argument does not prove.
Reply to Objection 2: If the ignorance be such as to excuse sin altogether, as the ignorance of a madman or an imbecile, then he that commits fornication in a state of such ignorance, commits no sin either mortal or venial. But if the ignorance be not invincible, then the ignorance itself is a sin, and contains within itself the lack of the love of God, in so far as a man neglects to learn those things whereby he can safeguard himself in the love of God.
Reply to Objection 3: As Augustine says (Contra Mendacium vii), “those things which are evil in themselves, cannot be well done for any good end.” Now murder is the slaying of the innocent, and this can nowise be well done. But, as Augustine states (De Lib. Arb. i, 4,5), the judge who sentences a thief to death, or the soldier who slays the enemy of the common weal, are not murderers.
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Summa Theologica - Thomas Aquinas - OF VENIAL AND MORTAL SIN - EVIL HABITS, i.e. VICES AND SINS (QQ[71]-8 - First Section
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Summa Theologica - Thomas Aquinas - OF VENIAL SIN IN ITSELF - EVIL HABITS, i.e. VICES AND SINS (QQ[71]-8 - First Section
We must now consider venial sin in itself, and under this head there are six points of inquiry:
(1) Whether venial sin causes a stain in the soul?
(2) Of the different kinds of venial sin, as denoted by “wood,” “hay,” “stubble” (1 Cor. 3:12);
(3) Whether man could sin venially in the state of innocence?
(4) Whether a good or a wicked angel can sin venially?
(5) Whether the movements of unbelievers are venial sins?
(6) Whether venial sin can be in a man with original sin alone?
1-Whether venial sin causes a stain on the soul?
Objection 1: It would seem that venial sin causes a stain in the soul. For Augustine says (De Poenit.) [*Hom. 50, inter. L., 2], that if venial sins be multiplied, they destroy the beauty of our souls so as to deprive us of the embraces of our heavenly spouse. But the stain of sin is nothing else but the loss of the soul’s beauty. Therefore venial sins cause a stain in the soul.
Objection 2: Further, mortal sin causes a stain in the soul, on account of the inordinateness of the act and of the sinner’s affections. But, in venial sin, there is an inordinateness of the act and of the affections. Therefore venial sin causes a stain in the soul.
Objection 3: Further, the stain on the soul is caused by contact with a temporal thing, through love thereof as stated above ([1938]Q[86], A[1]). But, in venial sin, the soul is in contact with a temporal thing through inordinate love. therefore, venial sin brings a stain on the soul.
On the contrary, it is written, (Eph. 5:27): “That He might present it to Himself a glorious church, not having spot or wrinkle,” on which the gloss says: “i.e., some grievous sin.” Therefore it seems proper to mortal sin to cause a stain on the soul.
I answer that as stated above (Q[86], A[1]), a stain denotes a loss of comeliness due to contact with something, as may be seen in corporeal matters, from which the term has been transferred to the soul, by way of similitude. Now, just as in the body there is a twofold comeliness, one resulting from the inward disposition of the members and colors, the other resulting from outward refulgence supervening, so too, in the soul, there is a twofold comeliness, one habitual and, so to speak, intrinsic, the other actual like an outward flash of light. Now venial sin is a hindrance to actual comeliness, but not to habitual comeliness, because it neither destroys nor diminishes the habit of charity and of the other virtues, as we shall show further on ([1939]SS, Q[24], A[10]; Q[133], A[1], ad 2), but only hinders their acts. On the other hand a stain denotes something permanent in the thing stained, wherefore it seems in the nature of a loss of habitual rather than of actual comeliness. Therefore, properly speaking, venial sin does not cause a stain in the soul. If, however, we find it stated anywhere that it does induce a stain, this is in a restricted sense, in so far as it hinders the comeliness that results from acts of virtue.
Reply to Objection 1: Augustine is speaking of the case in which many venial sins lead to mortal sin dispositively: because otherwise they would not sever the soul from its heavenly spouse.
Reply to Objection 2: In mortal sin the inordinateness of the act destroys the habit of virtue, but not in venial sin.
Reply to Objection 3: In mortal sin the soul comes into contact with a temporal thing as its end, so that the shedding of the light of grace, which accrues to those who, by charity, cleave to God as their last end, is entirely cut off. On the contrary, in venial sin, man does not cleave to a creature as his last end: hence there is no comparison.
2-Whether venial sins are suitably designated as “wood, hay, and stubble”?
Objection 1: It would seem that venial sins are unsuitably designated as “wood,” “hay,” and “stubble.” Because wood hay and stubble are said ( 1 Cor. 3:12) to be built on a spiritual foundation. Now venial sins are something outside a spiritual foundation, even as false opinions are outside the pale of science. Therefore, venial sins are not suitably designated as wood, hay and stubble.
Objection 2: Further, he who builds wood, hay and stubble, “shall be saved yet so as by fire” (1 Cor. 3:15). But sometimes the man who commits a venial sin, will not be saved, even by fire, e.g. when a man dies in mortal sin to which venial sins are attached. Therefore, venial sins are unsuitably designated by wood, hay, and stubble.
Objection 3: Further, according to the Apostle (1 Cor. 3:12) those who build “gold, silver, precious stones,” i.e. love of God and our neighbor, and good works, are others from those who build wood, hay, and stubble. But those even who love God and their neighbor, and do good works, commit venial sins: for it is written (1 Jn. 1:8): “If we say that we have no sin, we deceive ourselves.” Therefore venial sins are not suitably designated by these three.
Objection 4: Further, there are many more than three differences and degrees of venial sins. Therefore they are unsuitably comprised under these three.
On the contrary, The Apostle says (1 Cor. 3:15) that the man who builds up wood, hay and stubble, “shall be saved yet so as by fire,” so that he will suffer punishment, but not everlasting. Now the debt of temporal punishment belongs properly to venial sin, as stated above ([1940]Q[87], A[5]). Therefore these three signify venial sins.
I answer that, Some have understood the “foundation” to be dead faith, upon which some build good works, signified by gold, silver, and precious stones, while others build mortal sins, which according to them are designated by wood, hay and stubble. But Augustine disapproves of this explanation (De Fide et Oper. xv), because, as the Apostle says (Gal. 5:21), he who does the works of the flesh, “shall not obtain the kingdom of God,” which signifies to be saved; whereas the Apostle says that he who builds wood, hay, and stubble “shall be saved yet so as by fire.” Consequently wood, hay, stubble cannot be understood to denote mortal sins.
Others say that wood, hay, stubble designate good works, which are indeed built upon the spiritual edifice, but are mixed with venial sins: as, when a man is charged with the care of a family, which is a good thing, excessive love of his wife or of his children or of his possessions insinuates itself into his life, under God however, so that, to wit, for the sake of these things he would be unwilling to do anything in opposition to God. But neither does this seem to be reasonable. For it is evident that all good works are referred to the love of God, and one’s neighbor, wherefore they are designated by “gold,” “silver,” and “precious stones,” and consequently not by “wood,” “hay,” and “stubble.”
We must therefore say that the very venial sins that insinuate themselves into those who have a care for earthly things, are designated by wood, hay, and stubble. For just as these are stored in a house, without belonging to the substance of the house, and can be burnt, while the house is saved, so also venial sins are multiplied in a man, while the spiritual edifice remains, and for them, man suffers fire, either of temporal trials in this life, or of purgatory after this life, and yet he is saved for ever.
Reply to Objection 1: Venial sins are not said to be built upon the spiritual foundation, as though they were laid directly upon it, but because they are laid beside it; in the same sense as it is written (Ps. 136:1): “Upon the waters of Babylon,” i.e. “beside the waters”: because venial sins do not destroy the edifice.
Reply to Objection 2: It is not said that everyone who builds wood, hay and stubble, shall be saved as by fire, but only those who build “upon” the “foundation.” And this foundation is not dead faith, as some have esteemed, but faith quickened by charity, according to Eph. 3:17: “Rooted and founded in charity.” Accordingly, he that dies in mortal sin with venial sins, has indeed wood, hay, and stubble, but not built upon the spiritual edifice; and consequently he will not be saved so as by fire.
Reply to Objection 3: Although those who are withdrawn from the care of temporal things, sin venially sometimes, yet they commit but slight venial sins, and in most cases they are cleansed by the fervor of charity: wherefore they do not build up venial sins, because these do not remain long in them. But the venial sins of those who are busy about earthly remain longer, because they are unable to have such frequent recourse to the fervor of charity in order to remove them.
Reply to Objection 4: As the Philosopher says (De Coelo i, text. 2), “all things are comprised under three, the beginning, the middle, the end.” Accordingly all degrees of venial sins are reduced to three, viz. to “wood,” which remains longer in the fire; “stubble,” which is burnt up at once; and “hay,” which is between these two: because venial sins are removed by fire, quickly or slowly, according as man is more or less attached to them.
3-Whether man could commit a venial sin in the state of innocence?
Objection 1: It would seem that man could commit a venial sin in the state of innocence. Because on 1 Tim. 2:14, “Adam was not seduced,” a gloss says: “Having had no experience of God’s severity, it was possible for him to be so mistaken as to think that what he had done was a venial sin.” But he would not have thought this unless he could have committed a venial sin. Therefore he could commit a venial sin without sinning mortally.
Objection 2: Further Augustine says (Gen. ad lit. xi, 5): “We must not suppose that the tempter would have overcome man, unless first of all there had arisen in man’s soul a movement of vainglory which should have been checked.” Now the vainglory which preceded man’s defeat, which was accomplished through his falling into mortal sin, could be nothing more than a venial sin. In like manner, Augustine says (Gen. ad lit. xi, 5) that “man was allured by a certain desire of making the experiment, when he saw that the woman did not die when she had taken the forbidden fruit.” Again there seems to have been a certain movement of unbelief in Eve, since she doubted what the Lord had said, as appears from her saying (Gn. 3:3): “Lest perhaps we die.” Now these apparently were venial sins. Therefore man could commit a venial sin before he committed a mortal sin.
Objection 3: Further, mortal sin is more opposed to the integrity of the original state, than venial sin is. Now man could sin mortally notwithstanding the integrity of the original state. Therefore he could also sin venially.
On the contrary, Every sin deserves some punishment. But nothing penal was possible in the state of innocence, as Augustine declares (De Civ. Dei xiv, 10). Therefore he could commit a sin that would not deprive him of that state of integrity. But venial sin does not change man’s state. Therefore he could not sin venially.
I answer that, It is generally admitted that man could not commit a venial sin in the state of innocence. This, however, is not to be understood as though on account of the perfection of his state, the sin which is venial for us would have been mortal for him, if he had committed it. Because the dignity of a person is circumstance that aggravates a sin, but it does not transfer it to another species, unless there be an additional deformity by reason of disobedience, or vow or the like, which does not apply to the question in point. Consequently what is venial in itself could not be changed into mortal by reason of the excellence of the original state. We must therefore understand this to mean that he could not sin venially, because it was impossible for him to commit a sin which was venial in itself, before losing the integrity of the original state by sinning mortally.
The reason for this is because venial sin occurs in us, either through the imperfection of the act, as in the case of sudden movements, in a genus of mortal sin or through some inordinateness in respect of things referred to the end, the due order of the end being safeguarded. Now each of these happens on account of some defect of order, by reason of the lower powers not being checked by the higher. Because the sudden rising of a movement of the sensuality in us is due to the sensuality not being perfectly subject to reason: and the sudden rising of a movement of reason itself is due, in us, to the fact that the execution of the act of reason is not subject to the act of deliberation which proceeds from a higher good, as stated above (Q[74], A[10]); and that the human mind be out of order as regards things directed to the end, the due order of the end being safeguarded, is due to the fact that the things referred to the end are not infallibly directed under the end, which holds the highest place, being the beginning, as it were, in matters concerning the appetite, as stated above (Q[10], AA[1],2, ad 3; Q[72], A[5]). Now, in the state of innocence, as stated in the [1941]FP, Q[95], A[1], there was an unerring stability of order, so that the lower powers were always subjected to the higher, so long as man remained subject to God, as Augustine says (De Civ. Dei xiv, 13). Hence there can be no inordinateness in man, unless first of all the highest part of man were not subject to God, which constitutes a mortal sin. From this it is evident that, in the state of innocence, man could not commit a venial sin, before committing a mortal sin.
Reply to Objection 1: In the passage quoted, venial is not taken in the same sense as we take it now; but by venial sin we mean that which is easily forgiven.
Reply to Objection 2: This vainglory which preceded man’s downfall, was his first mortal sin, for it is stated to have preceded his downfall into the outward act of sin. This vainglory was followed, in the man, by the desire to make and experiment, and in the woman, by doubt, for she gave way to vainglory, merely through hearing the serpent mention the precept, as though she refused to be held in check by the precept.
Reply to Objection 3: Mortal sin is opposed to the integrity of the original state in the fact of its destroying that state: this a venial sin cannot do. And because the integrity of the primitive state is incompatible with any inordinateness whatever, the result is that the first man could not sin venially, before committing a mortal sin.
4-Whether a good or a wicked angel can sin venially?
Objection 1: It seems that a good or wicked angel can sin venially. Because man agrees with the angels in the higher part of his soul which is called the mind, according to Gregory, who says (Hom. xxix in Evang.) that “man understands in common with the angels.” But man can commit a venial sin in the higher part of his soul. Therefore an angel can commit a venial sin also.
Objection 2: Further, He that can do more can do less. But an angel could love a created good more than God, and he did, by sinning mortally. Therefore he could also love a creature less than God inordinately, by sinning venially.
Objection 3: Further, wicked angels seem to do things which are venial sins generically, by provoking men to laughter, and other like frivolities. Now the circumstance of the person does not make a mortal sin to be venial as stated above [1942](A[3]), unless there is a special prohibition, which is not the case in point. Therefore an angel can sin venially.
On the contrary, The perfection of an angel is greater than that of man in the primitive state. But man could not sin venially in the primitive state, and much less, therefore, can an angel.
I answer that, An angel’s intellect, as stated above in the [1943]FP, Q[58], A[3]; [1944]FP, Q[79], A[8], is not discursive, i.e. it does not proceed from principles to conclusions, so as to understand both separately, as we do. Consequently, whenever the angelic intellect considers a conclusion, it must, of necessity, consider it in its principles. Now in matters of appetite, as we have often stated (Q[8], A[2]; Q[10], A[1]; Q[72], A[5]), ends are like principles, while the means are like conclusions. Wherefore, an angel’s mind is not directed to the means, except as they stand under the order to the end. Consequently, from their very nature, they can have no inordinateness in respect of the means, unless at the same time they have an inordinateness in respect of the end, and this is a mortal sin. Now good angels are not moved to the means, except in subordination to the due end which is God: wherefore all their acts are acts of charity, so that no venial sin can be in them. On the other hand, wicked angels are moved to nothing except in subordination to the end which is their sin of pride. Therefore they sin mortally in everything that they do of their own will. This does not apply to the appetite for the natural good, which appetite we have stated to be in them ([1945]FP, Q[63], A[4]; Q[64], A[2], ad 5).
Reply to Objection 1: Man does indeed agree with the angels in the mind or intellect, but he differs in his mode of understanding, as stated above.
Reply to Objection 2: An angel could not love a creature less than God, without, at the same time, either referring it to God, as the last end, or to some inordinate end, for the reason given above.
Reply to Objection 3: The demons incite man to all such things which seem venial, that he may become used to them, so as to lead him on to mortal sin. Consequently in all such things they sin mortally, on account of the end they have in view.
5-Whether the first movements of the sensuality in unbelievers are mortal sin?
Objection 1: It would seem that the first movements of the sensuality in unbelievers are mortal sins. For the Apostle says (Rom. 8:1) that “there is . . . no condemnation to them that are in Christ Jesus, who walk not according to the flesh”: and he is speaking there of the concupiscence of the sensuality, as appears from the context (Rom. 7). Therefore the reason why concupiscence is not a matter of condemnation to those who walk not according to the flesh, i.e. by consenting to concupiscence, is because they are in Christ Jesus. But unbelievers are not in Christ Jesus. Therefore in unbelievers this is a matter of condemnation. Therefore the first movements of unbelievers are mortal sins.
Objection 2: Further Anselm says (De Gratia et Lib. Arb. vii): “Those who are not in Christ, when they feel the sting of the flesh, follow the road of damnation, even if they walk not according to the flesh.” But damnation is not due save to mortal sin. Therefore, since man feels the sting of the flesh in the first movements of the concupiscence, it seems that the first movements of concupiscence in unbelievers are mortal sins.
Objection 3: Further, Anselm says (De Gratia et Lib. Arb. vii): “Man was so made that he was not liable to feel concupiscence.” Now this liability seems to be remitted to man by the grace of Baptism, which the unbeliever has not. Therefore every act of concupiscence in an unbeliever, even without his consent, is a mortal sin, because he acts against his duty.
On the contrary, It is stated in Acts 10:34 that “God is not a respecter of persons.” Therefore he does not impute to one unto condemnation, what He does not impute to another. But he does not impute first movements to believers, unto condemnation. Neither therefore does He impute them to unbelievers.
I answer that, It is unreasonable to say that the first movements of unbelievers are mortal sins, when they do not consent to them. This is evident for two reasons. First, because the sensuality itself could not be the subject of mortal sin, as stated above ([1946]Q[79], A[4]). Now the sensuality has the same nature in unbelievers as in believers. Therefore it is not possible for the mere movements of the sensuality in unbelievers, to be mortal sins. Secondly, from the state of the sinner. Because excellence of the person of the person never diminishes sin, but, on the contrary, increases it, as stated above ([1947]Q[73], A[10]). Therefore a sin is not less grievous in a believer than in an unbeliever, but much more so. For the sins of an unbeliever are more deserving of forgiveness, on account of their ignorance, according to 1 Tim. 1:13: “I obtained the mercy of God, because I did it ignorantly in my unbelief”: whereas the sins of believers are more grievous on account of the sacraments of grace, according to Heb. 10:29: “How much more, do you think, he deserveth worse punishments . . . who hath esteemed the blood of the testament unclean, by which he was sanctified?”
Reply to Objection 1: The Apostle is speaking of the condemnation due to original sin, which condemnation is remitted by the grace of Jesus Christ, although the “fomes” of concupiscence remain. Wherefore the fact that believers are subject to concupiscence is not in them a sign of the condemnation due to original sin, as it is in unbelievers.
In this way also is to be understood the saying of Anselm, wherefore the Reply to the Second Objection is evident.
Reply to Objection 3: This freedom from liability to concupiscence was a result of original justice. Wherefore that which is opposed to such liability pertains, not to actual but to original sin.
6-Whether venial sin can be in anyone with original sin alone?
Objection 1: It would seem that venial sin can be in a man with original sin alone. For disposition precedes habit. Now venial sin is a disposition to mortal sin, as stated above ([1948]Q[88], A[3]). Therefore in an unbeliever, in whom original sin is not remitted, venial sin exists before mortal sin: and so sometimes unbelievers have venial together with original sin, and without mortal sins.
Objection 2: Further, venial sin has less in common, and less connection with mortal sin, than one mortal sin has with another. But an unbeliever in the state of original sin, can commit one mortal sin without committing another. Therefore he can also commit a venial sin without committing a mortal sin.
Objection 3: Further, it is possible to fix the time at which a child is first able to commit an actual sin: and when the child comes to that time, it can stay a short time at least, without committing a mortal sin, because this happens in the worst criminals. Now it is possible for the child to sin venially during that space of time, however short it may be. Therefore venial sin can be in anyone with original sin alone and without mortal sin.
On the contrary, Man is punished for original sin in the children’s limbo, where there is no pain of sense as we shall state further on (SS, Q[69], A[6]): whereas men are punished in hell for no other than mortal sin. Therefore there will be no place where a man can be punished for venial sin with no other than original sin.
I answer that, It is impossible for venial sin to be in anyone with original sin alone, and without mortal sin. The reason for this is because before a man comes to the age of discretion, the lack of years hinders the use of reason and excuses him from mortal sin, wherefore, much more does it excuse him from venial sin, if he does anything which is such generically. But when he begins to have the use of reason, he is not entirely excused from the guilt of venial or mortal sin. Now the first thing that occurs to a man to think about then, is to deliberate about himself. And if he then direct himself to the due end, he will, by means of grace, receive the remission of original sin: whereas if he does not then direct himself to the due end, and as far as he is capable of discretion at that particular age, he will sin mortally, for through not doing that which is in his power to do. Accordingly thenceforward there cannot be venial sin in him without mortal, until afterwards all sin shall have been remitted to him through grace.
Reply to Objection 1: Venial sin always precedes mortal sin not as a necessary, but as a contingent disposition, just as work sometimes disposes to fever, but not as heat disposes to the form of fire.
Reply to Objection 2: Venial sin is prevented from being with original sin alone, not on account of its want of connection or likeness, but on account of the lack of use of reason, as stated above.
Reply to Objection 3: The child that is beginning to have the use of reason can refrain from other mortal sins for a time, but it is not free from the aforesaid sin of omission, unless it turns to God as soon as possible. For the first thing that occurs to a man who has discretion, is to think of himself, and to direct other things to himself as to their end, since the end is the first thing in the intention.
Therefore this is the time when man is bound by God’s affirmative precept, which the Lord expressed by saying (Zech. 1:3): “Turn ye to Me . . . and I will turn to you.”
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Summa Theologica - Thomas Aquinas - OF VENIAL SIN IN ITSELF - EVIL HABITS, i.e. VICES AND SINS (QQ[71]-8 - First Section
(1) Whether venial sin causes a stain in the soul?
(2) Of the different kinds of venial sin, as denoted by “wood,” “hay,” “stubble” (1 Cor. 3:12);
(3) Whether man could sin venially in the state of innocence?
(4) Whether a good or a wicked angel can sin venially?
(5) Whether the movements of unbelievers are venial sins?
(6) Whether venial sin can be in a man with original sin alone?
1-Whether venial sin causes a stain on the soul?
Objection 1: It would seem that venial sin causes a stain in the soul. For Augustine says (De Poenit.) [*Hom. 50, inter. L., 2], that if venial sins be multiplied, they destroy the beauty of our souls so as to deprive us of the embraces of our heavenly spouse. But the stain of sin is nothing else but the loss of the soul’s beauty. Therefore venial sins cause a stain in the soul.
Objection 2: Further, mortal sin causes a stain in the soul, on account of the inordinateness of the act and of the sinner’s affections. But, in venial sin, there is an inordinateness of the act and of the affections. Therefore venial sin causes a stain in the soul.
Objection 3: Further, the stain on the soul is caused by contact with a temporal thing, through love thereof as stated above ([1938]Q[86], A[1]). But, in venial sin, the soul is in contact with a temporal thing through inordinate love. therefore, venial sin brings a stain on the soul.
On the contrary, it is written, (Eph. 5:27): “That He might present it to Himself a glorious church, not having spot or wrinkle,” on which the gloss says: “i.e., some grievous sin.” Therefore it seems proper to mortal sin to cause a stain on the soul.
I answer that as stated above (Q[86], A[1]), a stain denotes a loss of comeliness due to contact with something, as may be seen in corporeal matters, from which the term has been transferred to the soul, by way of similitude. Now, just as in the body there is a twofold comeliness, one resulting from the inward disposition of the members and colors, the other resulting from outward refulgence supervening, so too, in the soul, there is a twofold comeliness, one habitual and, so to speak, intrinsic, the other actual like an outward flash of light. Now venial sin is a hindrance to actual comeliness, but not to habitual comeliness, because it neither destroys nor diminishes the habit of charity and of the other virtues, as we shall show further on ([1939]SS, Q[24], A[10]; Q[133], A[1], ad 2), but only hinders their acts. On the other hand a stain denotes something permanent in the thing stained, wherefore it seems in the nature of a loss of habitual rather than of actual comeliness. Therefore, properly speaking, venial sin does not cause a stain in the soul. If, however, we find it stated anywhere that it does induce a stain, this is in a restricted sense, in so far as it hinders the comeliness that results from acts of virtue.
Reply to Objection 1: Augustine is speaking of the case in which many venial sins lead to mortal sin dispositively: because otherwise they would not sever the soul from its heavenly spouse.
Reply to Objection 2: In mortal sin the inordinateness of the act destroys the habit of virtue, but not in venial sin.
Reply to Objection 3: In mortal sin the soul comes into contact with a temporal thing as its end, so that the shedding of the light of grace, which accrues to those who, by charity, cleave to God as their last end, is entirely cut off. On the contrary, in venial sin, man does not cleave to a creature as his last end: hence there is no comparison.
2-Whether venial sins are suitably designated as “wood, hay, and stubble”?
Objection 1: It would seem that venial sins are unsuitably designated as “wood,” “hay,” and “stubble.” Because wood hay and stubble are said ( 1 Cor. 3:12) to be built on a spiritual foundation. Now venial sins are something outside a spiritual foundation, even as false opinions are outside the pale of science. Therefore, venial sins are not suitably designated as wood, hay and stubble.
Objection 2: Further, he who builds wood, hay and stubble, “shall be saved yet so as by fire” (1 Cor. 3:15). But sometimes the man who commits a venial sin, will not be saved, even by fire, e.g. when a man dies in mortal sin to which venial sins are attached. Therefore, venial sins are unsuitably designated by wood, hay, and stubble.
Objection 3: Further, according to the Apostle (1 Cor. 3:12) those who build “gold, silver, precious stones,” i.e. love of God and our neighbor, and good works, are others from those who build wood, hay, and stubble. But those even who love God and their neighbor, and do good works, commit venial sins: for it is written (1 Jn. 1:8): “If we say that we have no sin, we deceive ourselves.” Therefore venial sins are not suitably designated by these three.
Objection 4: Further, there are many more than three differences and degrees of venial sins. Therefore they are unsuitably comprised under these three.
On the contrary, The Apostle says (1 Cor. 3:15) that the man who builds up wood, hay and stubble, “shall be saved yet so as by fire,” so that he will suffer punishment, but not everlasting. Now the debt of temporal punishment belongs properly to venial sin, as stated above ([1940]Q[87], A[5]). Therefore these three signify venial sins.
I answer that, Some have understood the “foundation” to be dead faith, upon which some build good works, signified by gold, silver, and precious stones, while others build mortal sins, which according to them are designated by wood, hay and stubble. But Augustine disapproves of this explanation (De Fide et Oper. xv), because, as the Apostle says (Gal. 5:21), he who does the works of the flesh, “shall not obtain the kingdom of God,” which signifies to be saved; whereas the Apostle says that he who builds wood, hay, and stubble “shall be saved yet so as by fire.” Consequently wood, hay, stubble cannot be understood to denote mortal sins.
Others say that wood, hay, stubble designate good works, which are indeed built upon the spiritual edifice, but are mixed with venial sins: as, when a man is charged with the care of a family, which is a good thing, excessive love of his wife or of his children or of his possessions insinuates itself into his life, under God however, so that, to wit, for the sake of these things he would be unwilling to do anything in opposition to God. But neither does this seem to be reasonable. For it is evident that all good works are referred to the love of God, and one’s neighbor, wherefore they are designated by “gold,” “silver,” and “precious stones,” and consequently not by “wood,” “hay,” and “stubble.”
We must therefore say that the very venial sins that insinuate themselves into those who have a care for earthly things, are designated by wood, hay, and stubble. For just as these are stored in a house, without belonging to the substance of the house, and can be burnt, while the house is saved, so also venial sins are multiplied in a man, while the spiritual edifice remains, and for them, man suffers fire, either of temporal trials in this life, or of purgatory after this life, and yet he is saved for ever.
Reply to Objection 1: Venial sins are not said to be built upon the spiritual foundation, as though they were laid directly upon it, but because they are laid beside it; in the same sense as it is written (Ps. 136:1): “Upon the waters of Babylon,” i.e. “beside the waters”: because venial sins do not destroy the edifice.
Reply to Objection 2: It is not said that everyone who builds wood, hay and stubble, shall be saved as by fire, but only those who build “upon” the “foundation.” And this foundation is not dead faith, as some have esteemed, but faith quickened by charity, according to Eph. 3:17: “Rooted and founded in charity.” Accordingly, he that dies in mortal sin with venial sins, has indeed wood, hay, and stubble, but not built upon the spiritual edifice; and consequently he will not be saved so as by fire.
Reply to Objection 3: Although those who are withdrawn from the care of temporal things, sin venially sometimes, yet they commit but slight venial sins, and in most cases they are cleansed by the fervor of charity: wherefore they do not build up venial sins, because these do not remain long in them. But the venial sins of those who are busy about earthly remain longer, because they are unable to have such frequent recourse to the fervor of charity in order to remove them.
Reply to Objection 4: As the Philosopher says (De Coelo i, text. 2), “all things are comprised under three, the beginning, the middle, the end.” Accordingly all degrees of venial sins are reduced to three, viz. to “wood,” which remains longer in the fire; “stubble,” which is burnt up at once; and “hay,” which is between these two: because venial sins are removed by fire, quickly or slowly, according as man is more or less attached to them.
3-Whether man could commit a venial sin in the state of innocence?
Objection 1: It would seem that man could commit a venial sin in the state of innocence. Because on 1 Tim. 2:14, “Adam was not seduced,” a gloss says: “Having had no experience of God’s severity, it was possible for him to be so mistaken as to think that what he had done was a venial sin.” But he would not have thought this unless he could have committed a venial sin. Therefore he could commit a venial sin without sinning mortally.
Objection 2: Further Augustine says (Gen. ad lit. xi, 5): “We must not suppose that the tempter would have overcome man, unless first of all there had arisen in man’s soul a movement of vainglory which should have been checked.” Now the vainglory which preceded man’s defeat, which was accomplished through his falling into mortal sin, could be nothing more than a venial sin. In like manner, Augustine says (Gen. ad lit. xi, 5) that “man was allured by a certain desire of making the experiment, when he saw that the woman did not die when she had taken the forbidden fruit.” Again there seems to have been a certain movement of unbelief in Eve, since she doubted what the Lord had said, as appears from her saying (Gn. 3:3): “Lest perhaps we die.” Now these apparently were venial sins. Therefore man could commit a venial sin before he committed a mortal sin.
Objection 3: Further, mortal sin is more opposed to the integrity of the original state, than venial sin is. Now man could sin mortally notwithstanding the integrity of the original state. Therefore he could also sin venially.
On the contrary, Every sin deserves some punishment. But nothing penal was possible in the state of innocence, as Augustine declares (De Civ. Dei xiv, 10). Therefore he could commit a sin that would not deprive him of that state of integrity. But venial sin does not change man’s state. Therefore he could not sin venially.
I answer that, It is generally admitted that man could not commit a venial sin in the state of innocence. This, however, is not to be understood as though on account of the perfection of his state, the sin which is venial for us would have been mortal for him, if he had committed it. Because the dignity of a person is circumstance that aggravates a sin, but it does not transfer it to another species, unless there be an additional deformity by reason of disobedience, or vow or the like, which does not apply to the question in point. Consequently what is venial in itself could not be changed into mortal by reason of the excellence of the original state. We must therefore understand this to mean that he could not sin venially, because it was impossible for him to commit a sin which was venial in itself, before losing the integrity of the original state by sinning mortally.
The reason for this is because venial sin occurs in us, either through the imperfection of the act, as in the case of sudden movements, in a genus of mortal sin or through some inordinateness in respect of things referred to the end, the due order of the end being safeguarded. Now each of these happens on account of some defect of order, by reason of the lower powers not being checked by the higher. Because the sudden rising of a movement of the sensuality in us is due to the sensuality not being perfectly subject to reason: and the sudden rising of a movement of reason itself is due, in us, to the fact that the execution of the act of reason is not subject to the act of deliberation which proceeds from a higher good, as stated above (Q[74], A[10]); and that the human mind be out of order as regards things directed to the end, the due order of the end being safeguarded, is due to the fact that the things referred to the end are not infallibly directed under the end, which holds the highest place, being the beginning, as it were, in matters concerning the appetite, as stated above (Q[10], AA[1],2, ad 3; Q[72], A[5]). Now, in the state of innocence, as stated in the [1941]FP, Q[95], A[1], there was an unerring stability of order, so that the lower powers were always subjected to the higher, so long as man remained subject to God, as Augustine says (De Civ. Dei xiv, 13). Hence there can be no inordinateness in man, unless first of all the highest part of man were not subject to God, which constitutes a mortal sin. From this it is evident that, in the state of innocence, man could not commit a venial sin, before committing a mortal sin.
Reply to Objection 1: In the passage quoted, venial is not taken in the same sense as we take it now; but by venial sin we mean that which is easily forgiven.
Reply to Objection 2: This vainglory which preceded man’s downfall, was his first mortal sin, for it is stated to have preceded his downfall into the outward act of sin. This vainglory was followed, in the man, by the desire to make and experiment, and in the woman, by doubt, for she gave way to vainglory, merely through hearing the serpent mention the precept, as though she refused to be held in check by the precept.
Reply to Objection 3: Mortal sin is opposed to the integrity of the original state in the fact of its destroying that state: this a venial sin cannot do. And because the integrity of the primitive state is incompatible with any inordinateness whatever, the result is that the first man could not sin venially, before committing a mortal sin.
4-Whether a good or a wicked angel can sin venially?
Objection 1: It seems that a good or wicked angel can sin venially. Because man agrees with the angels in the higher part of his soul which is called the mind, according to Gregory, who says (Hom. xxix in Evang.) that “man understands in common with the angels.” But man can commit a venial sin in the higher part of his soul. Therefore an angel can commit a venial sin also.
Objection 2: Further, He that can do more can do less. But an angel could love a created good more than God, and he did, by sinning mortally. Therefore he could also love a creature less than God inordinately, by sinning venially.
Objection 3: Further, wicked angels seem to do things which are venial sins generically, by provoking men to laughter, and other like frivolities. Now the circumstance of the person does not make a mortal sin to be venial as stated above [1942](A[3]), unless there is a special prohibition, which is not the case in point. Therefore an angel can sin venially.
On the contrary, The perfection of an angel is greater than that of man in the primitive state. But man could not sin venially in the primitive state, and much less, therefore, can an angel.
I answer that, An angel’s intellect, as stated above in the [1943]FP, Q[58], A[3]; [1944]FP, Q[79], A[8], is not discursive, i.e. it does not proceed from principles to conclusions, so as to understand both separately, as we do. Consequently, whenever the angelic intellect considers a conclusion, it must, of necessity, consider it in its principles. Now in matters of appetite, as we have often stated (Q[8], A[2]; Q[10], A[1]; Q[72], A[5]), ends are like principles, while the means are like conclusions. Wherefore, an angel’s mind is not directed to the means, except as they stand under the order to the end. Consequently, from their very nature, they can have no inordinateness in respect of the means, unless at the same time they have an inordinateness in respect of the end, and this is a mortal sin. Now good angels are not moved to the means, except in subordination to the due end which is God: wherefore all their acts are acts of charity, so that no venial sin can be in them. On the other hand, wicked angels are moved to nothing except in subordination to the end which is their sin of pride. Therefore they sin mortally in everything that they do of their own will. This does not apply to the appetite for the natural good, which appetite we have stated to be in them ([1945]FP, Q[63], A[4]; Q[64], A[2], ad 5).
Reply to Objection 1: Man does indeed agree with the angels in the mind or intellect, but he differs in his mode of understanding, as stated above.
Reply to Objection 2: An angel could not love a creature less than God, without, at the same time, either referring it to God, as the last end, or to some inordinate end, for the reason given above.
Reply to Objection 3: The demons incite man to all such things which seem venial, that he may become used to them, so as to lead him on to mortal sin. Consequently in all such things they sin mortally, on account of the end they have in view.
5-Whether the first movements of the sensuality in unbelievers are mortal sin?
Objection 1: It would seem that the first movements of the sensuality in unbelievers are mortal sins. For the Apostle says (Rom. 8:1) that “there is . . . no condemnation to them that are in Christ Jesus, who walk not according to the flesh”: and he is speaking there of the concupiscence of the sensuality, as appears from the context (Rom. 7). Therefore the reason why concupiscence is not a matter of condemnation to those who walk not according to the flesh, i.e. by consenting to concupiscence, is because they are in Christ Jesus. But unbelievers are not in Christ Jesus. Therefore in unbelievers this is a matter of condemnation. Therefore the first movements of unbelievers are mortal sins.
Objection 2: Further Anselm says (De Gratia et Lib. Arb. vii): “Those who are not in Christ, when they feel the sting of the flesh, follow the road of damnation, even if they walk not according to the flesh.” But damnation is not due save to mortal sin. Therefore, since man feels the sting of the flesh in the first movements of the concupiscence, it seems that the first movements of concupiscence in unbelievers are mortal sins.
Objection 3: Further, Anselm says (De Gratia et Lib. Arb. vii): “Man was so made that he was not liable to feel concupiscence.” Now this liability seems to be remitted to man by the grace of Baptism, which the unbeliever has not. Therefore every act of concupiscence in an unbeliever, even without his consent, is a mortal sin, because he acts against his duty.
On the contrary, It is stated in Acts 10:34 that “God is not a respecter of persons.” Therefore he does not impute to one unto condemnation, what He does not impute to another. But he does not impute first movements to believers, unto condemnation. Neither therefore does He impute them to unbelievers.
I answer that, It is unreasonable to say that the first movements of unbelievers are mortal sins, when they do not consent to them. This is evident for two reasons. First, because the sensuality itself could not be the subject of mortal sin, as stated above ([1946]Q[79], A[4]). Now the sensuality has the same nature in unbelievers as in believers. Therefore it is not possible for the mere movements of the sensuality in unbelievers, to be mortal sins. Secondly, from the state of the sinner. Because excellence of the person of the person never diminishes sin, but, on the contrary, increases it, as stated above ([1947]Q[73], A[10]). Therefore a sin is not less grievous in a believer than in an unbeliever, but much more so. For the sins of an unbeliever are more deserving of forgiveness, on account of their ignorance, according to 1 Tim. 1:13: “I obtained the mercy of God, because I did it ignorantly in my unbelief”: whereas the sins of believers are more grievous on account of the sacraments of grace, according to Heb. 10:29: “How much more, do you think, he deserveth worse punishments . . . who hath esteemed the blood of the testament unclean, by which he was sanctified?”
Reply to Objection 1: The Apostle is speaking of the condemnation due to original sin, which condemnation is remitted by the grace of Jesus Christ, although the “fomes” of concupiscence remain. Wherefore the fact that believers are subject to concupiscence is not in them a sign of the condemnation due to original sin, as it is in unbelievers.
In this way also is to be understood the saying of Anselm, wherefore the Reply to the Second Objection is evident.
Reply to Objection 3: This freedom from liability to concupiscence was a result of original justice. Wherefore that which is opposed to such liability pertains, not to actual but to original sin.
6-Whether venial sin can be in anyone with original sin alone?
Objection 1: It would seem that venial sin can be in a man with original sin alone. For disposition precedes habit. Now venial sin is a disposition to mortal sin, as stated above ([1948]Q[88], A[3]). Therefore in an unbeliever, in whom original sin is not remitted, venial sin exists before mortal sin: and so sometimes unbelievers have venial together with original sin, and without mortal sins.
Objection 2: Further, venial sin has less in common, and less connection with mortal sin, than one mortal sin has with another. But an unbeliever in the state of original sin, can commit one mortal sin without committing another. Therefore he can also commit a venial sin without committing a mortal sin.
Objection 3: Further, it is possible to fix the time at which a child is first able to commit an actual sin: and when the child comes to that time, it can stay a short time at least, without committing a mortal sin, because this happens in the worst criminals. Now it is possible for the child to sin venially during that space of time, however short it may be. Therefore venial sin can be in anyone with original sin alone and without mortal sin.
On the contrary, Man is punished for original sin in the children’s limbo, where there is no pain of sense as we shall state further on (SS, Q[69], A[6]): whereas men are punished in hell for no other than mortal sin. Therefore there will be no place where a man can be punished for venial sin with no other than original sin.
I answer that, It is impossible for venial sin to be in anyone with original sin alone, and without mortal sin. The reason for this is because before a man comes to the age of discretion, the lack of years hinders the use of reason and excuses him from mortal sin, wherefore, much more does it excuse him from venial sin, if he does anything which is such generically. But when he begins to have the use of reason, he is not entirely excused from the guilt of venial or mortal sin. Now the first thing that occurs to a man to think about then, is to deliberate about himself. And if he then direct himself to the due end, he will, by means of grace, receive the remission of original sin: whereas if he does not then direct himself to the due end, and as far as he is capable of discretion at that particular age, he will sin mortally, for through not doing that which is in his power to do. Accordingly thenceforward there cannot be venial sin in him without mortal, until afterwards all sin shall have been remitted to him through grace.
Reply to Objection 1: Venial sin always precedes mortal sin not as a necessary, but as a contingent disposition, just as work sometimes disposes to fever, but not as heat disposes to the form of fire.
Reply to Objection 2: Venial sin is prevented from being with original sin alone, not on account of its want of connection or likeness, but on account of the lack of use of reason, as stated above.
Reply to Objection 3: The child that is beginning to have the use of reason can refrain from other mortal sins for a time, but it is not free from the aforesaid sin of omission, unless it turns to God as soon as possible. For the first thing that occurs to a man who has discretion, is to think of himself, and to direct other things to himself as to their end, since the end is the first thing in the intention.
Therefore this is the time when man is bound by God’s affirmative precept, which the Lord expressed by saying (Zech. 1:3): “Turn ye to Me . . . and I will turn to you.”
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Summa Theologica - Thomas Aquinas - OF VENIAL SIN IN ITSELF - EVIL HABITS, i.e. VICES AND SINS (QQ[71]-8 - First Section
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Summa Theologica - Thomas Aquinas - OF THE ESSENCE OF LAW - TREATISE ON LAW (QQ 90–108)
We have now to consider the extrinsic principles of acts. Now the extrinsic principle inclining to evil is the devil, of whose temptations we have spoken in the [1949]FP, Q[114]. But the extrinsic principle moving to good is God, Who both instructs us by means of His Law, and assists us by His Grace: wherefore in the first place we must speak of law; in the second place, of grace.
Concerning law, we must consider: (1) Law itself in general; (2) its parts. Concerning law in general three points offer themselves for our consideration: (1) Its essence; (2) The different kinds of law; (3) The effects of law.
Under the first head there are four points of inquiry:
(1) Whether law is something pertaining to reason?
(2) Concerning the end of law;
(3) Its cause;
(4) The promulgation of law.
1-Whether law is something pertaining to reason?
Objection 1: It would seem that law is not something pertaining to reason. For the Apostle says (Rom. 7:23): “I see another law in my members,” etc. But nothing pertaining to reason is in the members; since the reason does not make use of a bodily organ. Therefore law is not something pertaining to reason.
Objection 2: Further, in the reason there is nothing else but power, habit, and act. But law is not the power itself of reason. In like manner, neither is it a habit of reason: because the habits of reason are the intellectual virtues of which we have spoken above ([1950]Q[57]). Nor again is it an act of reason: because then law would cease, when the act of reason ceases, for instance, while we are asleep. Therefore law is nothing pertaining to reason.
Objection 3: Further, the law moves those who are subject to it to act aright. But it belongs properly to the will to move to act, as is evident from what has been said above ([1951]Q[9], A[1]). Therefore law pertains, not to the reason, but to the will; according to the words of the Jurist (Lib. i, ff., De Const. Prin. leg. i): “Whatsoever pleaseth the sovereign, has force of law.”
On the contrary, It belongs to the law to command and to forbid. But it belongs to reason to command, as stated above ([1952]Q[17], A[1]). Therefore law is something pertaining to reason.
I answer that, Law is a rule and measure of acts, whereby man is induced to act or is restrained from acting: for “lex” [law] is derived from “ligare” [to bind], because it binds one to act. Now the rule and measure of human acts is the reason, which is the first principle of human acts, as is evident from what has been stated above ([1953]Q[1], A[1], ad 3); since it belongs to the reason to direct to the end, which is the first principle in all matters of action, according to the Philosopher (Phys. ii). Now that which is the principle in any genus, is the rule and measure of that genus: for instance, unity in the genus of numbers, and the first movement in the genus of movements. Consequently it follows that law is something pertaining to reason.
Reply to Objection 1: Since law is a kind of rule and measure, it may be in something in two ways. First, as in that which measures and rules: and since this is proper to reason, it follows that, in this way, law is in the reason alone. Secondly, as in that which is measured and ruled. In this way, law is in all those things that are inclined to something by reason of some law: so that any inclination arising from a law, may be called a law, not essentially but by participation as it were. And thus the inclination of the members to concupiscence is called “the law of the members.”
Reply to Objection 2: Just as, in external action, we may consider the work and the work done, for instance the work of building and the house built; so in the acts of reason, we may consider the act itself of reason, i.e. to understand and to reason, and something produced by this act. With regard to the speculative reason, this is first of all the definition; secondly, the proposition; thirdly, the syllogism or argument. And since also the practical reason makes use of a syllogism in respect of the work to be done, as stated above ([1954]Q[13], A[3];[1955] Q[76], A[1]) and since as the Philosopher teaches (Ethic. vii, 3); hence we find in the practical reason something that holds the same position in regard to operations, as, in the speculative intellect, the proposition holds in regard to conclusions. Such like universal propositions of the practical intellect that are directed to actions have the nature of law. And these propositions are sometimes under our actual consideration, while sometimes they are retained in the reason by means of a habit.
Reply to Objection 3: Reason has its power of moving from the will, as stated above ([1956]Q[17], A[1]): for it is due to the fact that one wills the end, that the reason issues its commands as regards things ordained to the end. But in order that the volition of what is commanded may have the nature of law, it needs to be in accord with some rule of reason. And in this sense is to be understood the saying that the will of the sovereign has the force of law; otherwise the sovereign’s will would savor of lawlessness rather than of law.
2-Whether the law is always something directed to the common good?
Objection 1: It would seem that the law is not always directed to the common good as to its end. For it belongs to law to command and to forbid. But commands are directed to certain individual goods. Therefore the end of the law is not always the common good.
Objection 2: Further, the law directs man in his actions. But human actions are concerned with particular matters. Therefore the law is directed to some particular good.
Objection 3: Further, Isidore says (Etym. v, 3): “If the law is based on reason, whatever is based on reason will be a law.” But reason is the foundation not only of what is ordained to the common good, but also of that which is directed private good. Therefore the law is not only directed to the good of all, but also to the private good of an individual.
On the contrary, Isidore says (Etym. v, 21) that “laws are enacted for no private profit, but for the common benefit of the citizens.”
I answer that, As stated above [1957](A[1]), the law belongs to that which is a principle of human acts, because it is their rule and measure. Now as reason is a principle of human acts, so in reason itself there is something which is the principle in respect of all the rest: wherefore to this principle chiefly and mainly law must needs be referred. Now the first principle in practical matters, which are the object of the practical reason, is the last end: and the last end of human life is bliss or happiness, as stated above (Q[2], A[7]; Q[3], A[1]). Consequently the law must needs regard principally the relationship to happiness. Moreover, since every part is ordained to the whole, as imperfect to perfect; and since one man is a part of the perfect community, the law must needs regard properly the relationship to universal happiness. Wherefore the Philosopher, in the above definition of legal matters mentions both happiness and the body politic: for he says (Ethic. v, 1) that we call those legal matters “just, which are adapted to produce and preserve happiness and its parts for the body politic”: since the state is a perfect community, as he says in Polit. I, 1.
Now in every genus, that which belongs to it chiefly is the principle of the others, and the others belong to that genus in subordination to that thing: thus fire, which is chief among hot things, is the cause of heat in mixed bodies, and these are said to be hot in so far as they have a share of fire. Consequently, since the law is chiefly ordained to the common good, any other precept in regard to some individual work, must needs be devoid of the nature of a law, save in so far as it regards the common good. Therefore every law is ordained to the common good.
Reply to Objection 1: A command denotes an application of a law to matters regulated by the law. Now the order to the common good, at which the law aims, is applicable to particular ends. And in this way commands are given even concerning particular matters.
Reply to Objection 2: Actions are indeed concerned with particular matters: but those particular matters are referable to the common good, not as to a common genus or species, but as to a common final cause, according as the common good is said to be the common end.
Reply to Objection 3: Just as nothing stands firm with regard to the speculative reason except that which is traced back to the first indemonstrable principles, so nothing stands firm with regard to the practical reason, unless it be directed to the last end which is the common good: and whatever stands to reason in this sense, has the nature of a law.
3-Whether the reason of any man is competent to make laws?
Objection 1: It would seem that the reason of any man is competent to make laws. For the Apostle says (Rom. 2:14) that “when the Gentiles, who have not the law, do by nature those things that are of the law . . . they are a law to themselves.” Now he says this of all in general. Therefore anyone can make a law for himself.
Objection 2: Further, as the Philosopher says (Ethic. ii, 1), “the intention of the lawgiver is to lead men to virtue.” But every man can lead another to virtue. Therefore the reason of any man is competent to make laws.
Objection 3: Further, just as the sovereign of a state governs the state, so every father of a family governs his household. But the sovereign of a state can make laws for the state. Therefore every father of a family can make laws for his household.
On the contrary, Isidore says (Etym. v, 10): “A law is an ordinance of the people, whereby something is sanctioned by the Elders together with the Commonalty.”
I answer that, A law, properly speaking, regards first and foremost the order to the common good. Now to order anything to the common good, belongs either to the whole people, or to someone who is the viceregent of the whole people. And therefore the making of a law belongs either to the whole people or to a public personage who has care of the whole people: since in all other matters the directing of anything to the end concerns him to whom the end belongs.
Reply to Objection 1: As stated above (A[1], ad 1), a law is in a person not only as in one that rules, but also by participation as in one that is ruled. In the latter way each one is a law to himself, in so far as he shares the direction that he receives from one who rules him. Hence the same text goes on: “Who show the work of the law written in their hearts.”
Reply to Objection 2: A private person cannot lead another to virtue efficaciously: for he can only advise, and if his advice be not taken, it has no coercive power, such as the law should have, in order to prove an efficacious inducement to virtue, as the Philosopher says (Ethic. x, 9). But this coercive power is vested in the whole people or in some public personage, to whom it belongs to inflict penalties, as we shall state further on (Q[92], A[2], ad 3; [1958]SS, Q[64], A[3]). Wherefore the framing of laws belongs to him alone.
Reply to Objection 3: As one man is a part of the household, so a household is a part of the state: and the state is a perfect community, according to Polit. i, 1. And therefore, as the good of one man is not the last end, but is ordained to the common good; so too the good of one household is ordained to the good of a single state, which is a perfect community. Consequently he that governs a family, can indeed make certain commands or ordinances, but not such as to have properly the force of law.
4-Whether promulgation is essential to a law?
Objection 1: It would seem that promulgation is not essential to a law. For the natural law above all has the character of law. But the natural law needs no promulgation. Therefore it is not essential to a law that it be promulgated.
Objection 2: Further, it belongs properly to a law to bind one to do or not to do something. But the obligation of fulfilling a law touches not only those in whose presence it is promulgated, but also others. Therefore promulgation is not essential to a law.
Objection 3: Further, the binding force of a law extends even to the future, since “laws are binding in matters of the future,” as the jurists say (Cod. 1, tit. De lege et constit. leg. vii). But promulgation concerns those who are present. Therefore it is not essential to a law.
On the contrary, It is laid down in the Decretals, dist. 4, that “laws are established when they are promulgated.”
I answer that, As stated above [1959](A[1]), a law is imposed on others by way of a rule and measure. Now a rule or measure is imposed by being applied to those who are to be ruled and measured by it. Wherefore, in order that a law obtain the binding force which is proper to a law, it must needs be applied to the men who have to be ruled by it. Such application is made by its being notified to them by promulgation. Wherefore promulgation is necessary for the law to obtain its force.
Thus from the four preceding articles, the definition of law may be gathered; and it is nothing else than an ordinance of reason for the common good, made by him who has care of the community, and promulgated.
Reply to Objection 1: The natural law is promulgated by the very fact that God instilled it into man’s mind so as to be known by him naturally.
Reply to Objection 2: Those who are not present when a law is promulgated, are bound to observe the law, in so far as it is notified or can be notified to them by others, after it has been promulgated.
Reply to Objection 3: The promulgation that takes place now, extends to future time by reason of the durability of written characters, by which means it is continually promulgated. Hence Isidore says (Etym. v, 3; ii, 10) that “lex [law] is derived from legere [to read] because it is written.”
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Summa Theologica - Thomas Aquinas - OF THE ESSENCE OF LAW - TREATISE ON LAW (QQ 90–108) - First Section
Concerning law, we must consider: (1) Law itself in general; (2) its parts. Concerning law in general three points offer themselves for our consideration: (1) Its essence; (2) The different kinds of law; (3) The effects of law.
Under the first head there are four points of inquiry:
(1) Whether law is something pertaining to reason?
(2) Concerning the end of law;
(3) Its cause;
(4) The promulgation of law.
1-Whether law is something pertaining to reason?
Objection 1: It would seem that law is not something pertaining to reason. For the Apostle says (Rom. 7:23): “I see another law in my members,” etc. But nothing pertaining to reason is in the members; since the reason does not make use of a bodily organ. Therefore law is not something pertaining to reason.
Objection 2: Further, in the reason there is nothing else but power, habit, and act. But law is not the power itself of reason. In like manner, neither is it a habit of reason: because the habits of reason are the intellectual virtues of which we have spoken above ([1950]Q[57]). Nor again is it an act of reason: because then law would cease, when the act of reason ceases, for instance, while we are asleep. Therefore law is nothing pertaining to reason.
Objection 3: Further, the law moves those who are subject to it to act aright. But it belongs properly to the will to move to act, as is evident from what has been said above ([1951]Q[9], A[1]). Therefore law pertains, not to the reason, but to the will; according to the words of the Jurist (Lib. i, ff., De Const. Prin. leg. i): “Whatsoever pleaseth the sovereign, has force of law.”
On the contrary, It belongs to the law to command and to forbid. But it belongs to reason to command, as stated above ([1952]Q[17], A[1]). Therefore law is something pertaining to reason.
I answer that, Law is a rule and measure of acts, whereby man is induced to act or is restrained from acting: for “lex” [law] is derived from “ligare” [to bind], because it binds one to act. Now the rule and measure of human acts is the reason, which is the first principle of human acts, as is evident from what has been stated above ([1953]Q[1], A[1], ad 3); since it belongs to the reason to direct to the end, which is the first principle in all matters of action, according to the Philosopher (Phys. ii). Now that which is the principle in any genus, is the rule and measure of that genus: for instance, unity in the genus of numbers, and the first movement in the genus of movements. Consequently it follows that law is something pertaining to reason.
Reply to Objection 1: Since law is a kind of rule and measure, it may be in something in two ways. First, as in that which measures and rules: and since this is proper to reason, it follows that, in this way, law is in the reason alone. Secondly, as in that which is measured and ruled. In this way, law is in all those things that are inclined to something by reason of some law: so that any inclination arising from a law, may be called a law, not essentially but by participation as it were. And thus the inclination of the members to concupiscence is called “the law of the members.”
Reply to Objection 2: Just as, in external action, we may consider the work and the work done, for instance the work of building and the house built; so in the acts of reason, we may consider the act itself of reason, i.e. to understand and to reason, and something produced by this act. With regard to the speculative reason, this is first of all the definition; secondly, the proposition; thirdly, the syllogism or argument. And since also the practical reason makes use of a syllogism in respect of the work to be done, as stated above ([1954]Q[13], A[3];[1955] Q[76], A[1]) and since as the Philosopher teaches (Ethic. vii, 3); hence we find in the practical reason something that holds the same position in regard to operations, as, in the speculative intellect, the proposition holds in regard to conclusions. Such like universal propositions of the practical intellect that are directed to actions have the nature of law. And these propositions are sometimes under our actual consideration, while sometimes they are retained in the reason by means of a habit.
Reply to Objection 3: Reason has its power of moving from the will, as stated above ([1956]Q[17], A[1]): for it is due to the fact that one wills the end, that the reason issues its commands as regards things ordained to the end. But in order that the volition of what is commanded may have the nature of law, it needs to be in accord with some rule of reason. And in this sense is to be understood the saying that the will of the sovereign has the force of law; otherwise the sovereign’s will would savor of lawlessness rather than of law.
2-Whether the law is always something directed to the common good?
Objection 1: It would seem that the law is not always directed to the common good as to its end. For it belongs to law to command and to forbid. But commands are directed to certain individual goods. Therefore the end of the law is not always the common good.
Objection 2: Further, the law directs man in his actions. But human actions are concerned with particular matters. Therefore the law is directed to some particular good.
Objection 3: Further, Isidore says (Etym. v, 3): “If the law is based on reason, whatever is based on reason will be a law.” But reason is the foundation not only of what is ordained to the common good, but also of that which is directed private good. Therefore the law is not only directed to the good of all, but also to the private good of an individual.
On the contrary, Isidore says (Etym. v, 21) that “laws are enacted for no private profit, but for the common benefit of the citizens.”
I answer that, As stated above [1957](A[1]), the law belongs to that which is a principle of human acts, because it is their rule and measure. Now as reason is a principle of human acts, so in reason itself there is something which is the principle in respect of all the rest: wherefore to this principle chiefly and mainly law must needs be referred. Now the first principle in practical matters, which are the object of the practical reason, is the last end: and the last end of human life is bliss or happiness, as stated above (Q[2], A[7]; Q[3], A[1]). Consequently the law must needs regard principally the relationship to happiness. Moreover, since every part is ordained to the whole, as imperfect to perfect; and since one man is a part of the perfect community, the law must needs regard properly the relationship to universal happiness. Wherefore the Philosopher, in the above definition of legal matters mentions both happiness and the body politic: for he says (Ethic. v, 1) that we call those legal matters “just, which are adapted to produce and preserve happiness and its parts for the body politic”: since the state is a perfect community, as he says in Polit. I, 1.
Now in every genus, that which belongs to it chiefly is the principle of the others, and the others belong to that genus in subordination to that thing: thus fire, which is chief among hot things, is the cause of heat in mixed bodies, and these are said to be hot in so far as they have a share of fire. Consequently, since the law is chiefly ordained to the common good, any other precept in regard to some individual work, must needs be devoid of the nature of a law, save in so far as it regards the common good. Therefore every law is ordained to the common good.
Reply to Objection 1: A command denotes an application of a law to matters regulated by the law. Now the order to the common good, at which the law aims, is applicable to particular ends. And in this way commands are given even concerning particular matters.
Reply to Objection 2: Actions are indeed concerned with particular matters: but those particular matters are referable to the common good, not as to a common genus or species, but as to a common final cause, according as the common good is said to be the common end.
Reply to Objection 3: Just as nothing stands firm with regard to the speculative reason except that which is traced back to the first indemonstrable principles, so nothing stands firm with regard to the practical reason, unless it be directed to the last end which is the common good: and whatever stands to reason in this sense, has the nature of a law.
3-Whether the reason of any man is competent to make laws?
Objection 1: It would seem that the reason of any man is competent to make laws. For the Apostle says (Rom. 2:14) that “when the Gentiles, who have not the law, do by nature those things that are of the law . . . they are a law to themselves.” Now he says this of all in general. Therefore anyone can make a law for himself.
Objection 2: Further, as the Philosopher says (Ethic. ii, 1), “the intention of the lawgiver is to lead men to virtue.” But every man can lead another to virtue. Therefore the reason of any man is competent to make laws.
Objection 3: Further, just as the sovereign of a state governs the state, so every father of a family governs his household. But the sovereign of a state can make laws for the state. Therefore every father of a family can make laws for his household.
On the contrary, Isidore says (Etym. v, 10): “A law is an ordinance of the people, whereby something is sanctioned by the Elders together with the Commonalty.”
I answer that, A law, properly speaking, regards first and foremost the order to the common good. Now to order anything to the common good, belongs either to the whole people, or to someone who is the viceregent of the whole people. And therefore the making of a law belongs either to the whole people or to a public personage who has care of the whole people: since in all other matters the directing of anything to the end concerns him to whom the end belongs.
Reply to Objection 1: As stated above (A[1], ad 1), a law is in a person not only as in one that rules, but also by participation as in one that is ruled. In the latter way each one is a law to himself, in so far as he shares the direction that he receives from one who rules him. Hence the same text goes on: “Who show the work of the law written in their hearts.”
Reply to Objection 2: A private person cannot lead another to virtue efficaciously: for he can only advise, and if his advice be not taken, it has no coercive power, such as the law should have, in order to prove an efficacious inducement to virtue, as the Philosopher says (Ethic. x, 9). But this coercive power is vested in the whole people or in some public personage, to whom it belongs to inflict penalties, as we shall state further on (Q[92], A[2], ad 3; [1958]SS, Q[64], A[3]). Wherefore the framing of laws belongs to him alone.
Reply to Objection 3: As one man is a part of the household, so a household is a part of the state: and the state is a perfect community, according to Polit. i, 1. And therefore, as the good of one man is not the last end, but is ordained to the common good; so too the good of one household is ordained to the good of a single state, which is a perfect community. Consequently he that governs a family, can indeed make certain commands or ordinances, but not such as to have properly the force of law.
4-Whether promulgation is essential to a law?
Objection 1: It would seem that promulgation is not essential to a law. For the natural law above all has the character of law. But the natural law needs no promulgation. Therefore it is not essential to a law that it be promulgated.
Objection 2: Further, it belongs properly to a law to bind one to do or not to do something. But the obligation of fulfilling a law touches not only those in whose presence it is promulgated, but also others. Therefore promulgation is not essential to a law.
Objection 3: Further, the binding force of a law extends even to the future, since “laws are binding in matters of the future,” as the jurists say (Cod. 1, tit. De lege et constit. leg. vii). But promulgation concerns those who are present. Therefore it is not essential to a law.
On the contrary, It is laid down in the Decretals, dist. 4, that “laws are established when they are promulgated.”
I answer that, As stated above [1959](A[1]), a law is imposed on others by way of a rule and measure. Now a rule or measure is imposed by being applied to those who are to be ruled and measured by it. Wherefore, in order that a law obtain the binding force which is proper to a law, it must needs be applied to the men who have to be ruled by it. Such application is made by its being notified to them by promulgation. Wherefore promulgation is necessary for the law to obtain its force.
Thus from the four preceding articles, the definition of law may be gathered; and it is nothing else than an ordinance of reason for the common good, made by him who has care of the community, and promulgated.
Reply to Objection 1: The natural law is promulgated by the very fact that God instilled it into man’s mind so as to be known by him naturally.
Reply to Objection 2: Those who are not present when a law is promulgated, are bound to observe the law, in so far as it is notified or can be notified to them by others, after it has been promulgated.
Reply to Objection 3: The promulgation that takes place now, extends to future time by reason of the durability of written characters, by which means it is continually promulgated. Hence Isidore says (Etym. v, 3; ii, 10) that “lex [law] is derived from legere [to read] because it is written.”
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Summa Theologica - Thomas Aquinas - OF THE ESSENCE OF LAW - TREATISE ON LAW (QQ 90–108) - First Section
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Summa Theologica - Thomas Aquinas - OF THE VARIOUS KINDS OF LAW - TREATISE ON LAW (QQ 90–108) - First Section
We must now consider the various kinds of law: under which head there are six points of inquiry:
(1) Whether there is an eternal law?
(2) Whether there is a natural law?
(3) Whether there is a human law?
(4) Whether there is a Divine law?
(5) Whether there is one Divine law, or several?
(6) Whether there is a law of sin?
1-Whether there is an eternal law?
Objection 1: It would seem that there is no eternal law. Because every law is imposed on someone. But there was not someone from eternity on whom a law could be imposed: since God alone was from eternity. Therefore no law is eternal.
Objection 2: Further, promulgation is essential to law. But promulgation could not be from eternity: because there was no one to whom it could be promulgated from eternity. Therefore no law can be eternal.
Objection 3: Further, a law implies order to an end. But nothing ordained to an end is eternal: for the last end alone is eternal. Therefore no law is eternal.
On the contrary, Augustine says (De Lib. Arb. i, 6): “That Law which is the Supreme Reason cannot be understood to be otherwise than unchangeable and eternal.”
I answer that, As stated above (Q[90], A[1], ad 2; [1960]AA[3],4), a law is nothing else but a dictate of practical reason emanating from the ruler who governs a perfect community. Now it is evident, granted that the world is ruled by Divine Providence, as was stated in the [1961]FP, Q[22], AA[1],2, that the whole community of the universe is governed by Divine Reason. Wherefore the very Idea of the government of things in God the Ruler of the universe, has the nature of a law. And since the Divine Reason’s conception of things is not subject to time but is eternal, according to Prov. 8:23, therefore it is that this kind of law must be called eternal.
Reply to Objection 1: Those things that are not in themselves, exist with God, inasmuch as they are foreknown and preordained by Him, according to Rom. 4:17: “Who calls those things that are not, as those that are.” Accordingly the eternal concept of the Divine law bears the character of an eternal law, in so far as it is ordained by God to the government of things foreknown by Him.
Reply to Objection 2: Promulgation is made by word of mouth or in writing; and in both ways the eternal law is promulgated: because both the Divine Word and the writing of the Book of Life are eternal. But the promulgation cannot be from eternity on the part of the creature that hears or reads.
Reply to Objection 3: The law implies order to the end actively, in so far as it directs certain things to the end; but not passively—that is to say, the law itself is not ordained to the end—except accidentally, in a governor whose end is extrinsic to him, and to which end his law must needs be ordained. But the end of the Divine government is God Himself, and His law is not distinct from Himself. Wherefore the eternal law is not ordained to another end.
2-Whether there is in us a natural law?
Objection 1: It would seem that there is no natural law in us. Because man is governed sufficiently by the eternal law: for Augustine says (De Lib. Arb. i) that “the eternal law is that by which it is right that all things should be most orderly.” But nature does not abound in superfluities as neither does she fail in necessaries. Therefore no law is natural to man.
Objection 2: Further, by the law man is directed, in his acts, to the end, as stated above ([1962]Q[90], A[2]). But the directing of human acts to their end is not a function of nature, as is the case in irrational creatures, which act for an end solely by their natural appetite; whereas man acts for an end by his reason and will. Therefore no law is natural to man.
Objection 3: Further, the more a man is free, the less is he under the law. But man is freer than all the animals, on account of his free-will, with which he is endowed above all other animals. Since therefore other animals are not subject to a natural law, neither is man subject to a natural law.
On the contrary, A gloss on Rom. 2:14: “When the Gentiles, who have not the law, do by nature those things that are of the law,” comments as follows: “Although they have no written law, yet they have the natural law, whereby each one knows, and is conscious of, what is good and what is evil.”
I answer that, As stated above (Q[90], A[1], ad 1), law, being a rule and measure, can be in a person in two ways: in one way, as in him that rules and measures; in another way, as in that which is ruled and measured, since a thing is ruled and measured, in so far as it partakes of the rule or measure. Wherefore, since all things subject to Divine providence are ruled and measured by the eternal law, as was stated above [1963](A[1]); it is evident that all things partake somewhat of the eternal law, in so far as, namely, from its being imprinted on them, they derive their respective inclinations to their proper acts and ends. Now among all others, the rational creature is subject to Divine providence in the most excellent way, in so far as it partakes of a share of providence, by being provident both for itself and for others. Wherefore it has a share of the Eternal Reason, whereby it has a natural inclination to its proper act and end: and this participation of the eternal law in the rational creature is called the natural law. Hence the Psalmist after saying (Ps. 4:6): “Offer up the sacrifice of justice,” as though someone asked what the works of justice are, adds: “Many say, Who showeth us good things?” in answer to which question he says: “The light of Thy countenance, O Lord, is signed upon us”: thus implying that the light of natural reason, whereby we discern what is good and what is evil, which is the function of the natural law, is nothing else than an imprint on us of the Divine light. It is therefore evident that the natural law is nothing else than the rational creature’s participation of the eternal law.
Reply to Objection 1: This argument would hold, if the natural law were something different from the eternal law: whereas it is nothing but a participation thereof, as stated above.
Reply to Objection 2: Every act of reason and will in us is based on that which is according to nature, as stated above ([1964]Q[10], A[1]): for every act of reasoning is based on principles that are known naturally, and every act of appetite in respect of the means is derived from the natural appetite in respect of the last end. Accordingly the first direction of our acts to their end must needs be in virtue of the natural law.
Reply to Objection 3: Even irrational animals partake in their own way of the Eternal Reason, just as the rational creature does. But because the rational creature partakes thereof in an intellectual and rational manner, therefore the participation of the eternal law in the rational creature is properly called a law, since a law is something pertaining to reason, as stated above ([1965]Q[90], A[1]). Irrational creatures, however, do not partake thereof in a rational manner, wherefore there is no participation of the eternal law in them, except by way of similitude.
3-Whether there is a human law?
Objection 1: It would seem that there is not a human law. For the natural law is a participation of the eternal law, as stated above [1966](A[2]). Now through the eternal law “all things are most orderly,” as Augustine states (De Lib. Arb. i, 6). Therefore the natural law suffices for the ordering of all human affairs. Consequently there is no need for a human law.
Objection 2: Further, a law bears the character of a measure, as stated above ([1967]Q[90], A[1]). But human reason is not a measure of things, but vice versa, as stated in Metaph. x, text. 5. Therefore no law can emanate from human reason.
Objection 3: Further, a measure should be most certain, as stated in Metaph. x, text. 3. But the dictates of human reason in matters of conduct are uncertain, according to Wis. 9:14: “The thoughts of mortal men are fearful, and our counsels uncertain.” Therefore no law can emanate from human reason.
On the contrary, Augustine (De Lib. Arb. i, 6) distinguishes two kinds of law, the one eternal, the other temporal, which he calls human.
I answer that, As stated above ([1968]Q[90], A[1], ad 2), a law is a dictate of the practical reason. Now it is to be observed that the same procedure takes place in the practical and in the speculative reason: for each proceeds from principles to conclusions, as stated above (De Lib. Arb. i, 6). Accordingly we conclude that just as, in the speculative reason, from naturally known indemonstrable principles, we draw the conclusions of the various sciences, the knowledge of which is not imparted to us by nature, but acquired by the efforts of reason, so too it is from the precepts of the natural law, as from general and indemonstrable principles, that the human reason needs to proceed to the more particular determination of certain matters. These particular determinations, devised by human reason, are called human laws, provided the other essential conditions of law be observed, as stated above ([1969]Q[90], AA[2],3,4). Wherefore Tully says in his Rhetoric (De Invent. Rhet. ii) that “justice has its source in nature; thence certain things came into custom by reason of their utility; afterwards these things which emanated from nature and were approved by custom, were sanctioned by fear and reverence for the law.”
Reply to Objection 1: The human reason cannot have a full participation of the dictate of the Divine Reason, but according to its own mode, and imperfectly. Consequently, as on the part of the speculative reason, by a natural participation of Divine Wisdom, there is in us the knowledge of certain general principles, but not proper knowledge of each single truth, such as that contained in the Divine Wisdom; so too, on the part of the practical reason, man has a natural participation of the eternal law, according to certain general principles, but not as regards the particular determinations of individual cases, which are, however, contained in the eternal law. Hence the need for human reason to proceed further to sanction them by law.
Reply to Objection 2: Human reason is not, of itself, the rule of things: but the principles impressed on it by nature, are general rules and measures of all things relating to human conduct, whereof the natural reason is the rule and measure, although it is not the measure of things that are from nature.
Reply to Objection 3: The practical reason is concerned with practical matters, which are singular and contingent: but not with necessary things, with which the speculative reason is concerned. Wherefore human laws cannot have that inerrancy that belongs to the demonstrated conclusions of sciences. Nor is it necessary for every measure to be altogether unerring and certain, but according as it is possible in its own particular genus.
4-Whether there was any need for a Divine law?
Objection 1: It would seem that there was no need for a Divine law. Because, as stated above [1970](A[2]), the natural law is a participation in us of the eternal law. But the eternal law is a Divine law, as stated above [1971](A[1]). Therefore there was no need for a Divine law in addition to the natural law, and human laws derived therefrom.
Objection 2: Further, it is written (Ecclus. 15:14) that “God left man in the hand of his own counsel.” Now counsel is an act of reason, as stated above (Q[14], A[1]). Therefore man was left to the direction of his reason. But a dictate of human reason is a human law as stated above [1972](A[3]). Therefore there is no need for man to be governed also by a Divine law.
Objection 3: Further, human nature is more self-sufficing than irrational creatures. But irrational creatures have no Divine law besides the natural inclination impressed on them. Much less, therefore, should the rational creature have a Divine law in addition to the natural law.
On the contrary, David prayed God to set His law before him, saying (Ps. 118:33): “Set before me for a law the way of Thy justifications, O Lord.”
I answer that, Besides the natural and the human law it was necessary for the directing of human conduct to have a Divine law. And this for four reasons.
First, because it is by law that man is directed how to perform his proper acts in view of his last end. And indeed if man were ordained to no other end than that which is proportionate to his natural faculty, there would be no need for man to have any further direction of the part of his reason, besides the natural law and human law which is derived from it. But since man is ordained to an end of eternal happiness which is inproportionate to man’s natural faculty, as stated above ([1973]Q[5], A[5]), therefore it was necessary that, besides the natural and the human law, man should be directed to his end by a law given by God.
Secondly, because, on account of the uncertainty of human judgment, especially on contingent and particular matters, different people form different judgments on human acts; whence also different and contrary laws result. In order, therefore, that man may know without any doubt what he ought to do and what he ought to avoid, it was necessary for man to be directed in his proper acts by a law given by God, for it is certain that such a law cannot err.
Thirdly, because man can make laws in those matters of which he is competent to judge. But man is not competent to judge of interior movements, that are hidden, but only of exterior acts which appear: and yet for the perfection of virtue it is necessary for man to conduct himself aright in both kinds of acts. Consequently human law could not sufficiently curb and direct interior acts; and it was necessary for this purpose that a Divine law should supervene.
Fourthly, because, as Augustine says (De Lib. Arb. i, 5,6), human law cannot punish or forbid all evil deeds: since while aiming at doing away with all evils, it would do away with many good things, and would hinder the advance of the common good, which is necessary for human intercourse. In order, therefore, that no evil might remain unforbidden and unpunished, it was necessary for the Divine law to supervene, whereby all sins are forbidden.
And these four causes are touched upon in Ps. 118:8, where it is said: “The law of the Lord is unspotted,” i.e. allowing no foulness of sin; “converting souls,” because it directs not only exterior, but also interior acts; “the testimony of the Lord is faithful,” because of the certainty of what is true and right; “giving wisdom to little ones,” by directing man to an end supernatural and Divine.
Reply to Objection 1: By the natural law the eternal law is participated proportionately to the capacity of human nature. But to his supernatural end man needs to be directed in a yet higher way. Hence the additional law given by God, whereby man shares more perfectly in the eternal law.
Reply to Objection 2: Counsel is a kind of inquiry: hence it must proceed from some principles. Nor is it enough for it to proceed from principles imparted by nature, which are the precepts of the natural law, for the reasons given above: but there is need for certain additional principles, namely, the precepts of the Divine law.
Reply to Objection 3: Irrational creatures are not ordained to an end higher than that which is proportionate to their natural powers: consequently the comparison fails.
5-Whether there is but one Divine law?
Objection 1: It would seem that there is but one Divine law. Because, where there is one king in one kingdom there is but one law. Now the whole of mankind is compared to God as to one king, according to Ps. 46:8: “God is the King of all the earth.” Therefore there is but one Divine law.
Objection 2: Further, every law is directed to the end which the lawgiver intends for those for whom he makes the law. But God intends one and the same thing for all men; since according to 1 Tim. 2:4: “He will have all men to be saved, and to come to the knowledge of the truth.” Therefore there is but one Divine law.
Objection 3: Further, the Divine law seems to be more akin to the eternal law, which is one, than the natural law, according as the revelation of grace is of a higher order than natural knowledge. Therefore much more is the Divine law but one.
On the contrary, The Apostle says (Heb. 7:12): “The priesthood being translated, it is necessary that a translation also be made of the law.” But the priesthood is twofold, as stated in the same passage, viz. the levitical priesthood, and the priesthood of Christ. Therefore the Divine law is twofold, namely the Old Law and the New Law.
I answer that, As stated in the [1974]FP, Q[30], A[3], distinction is the cause of number. Now things may be distinguished in two ways.
First, as those things that are altogether specifically different, e.g. a horse and an ox. Secondly, as perfect and imperfect in the same species, e.g. a boy and a man: and in this way the Divine law is divided into Old and New. Hence the Apostle (Gal. 3:24,25) compares the state of man under the Old Law to that of a child “under a pedagogue”; but the state under the New Law, to that of a full grown man, who is “no longer under a pedagogue.”
Now the perfection and imperfection of these two laws is to be taken in connection with the three conditions pertaining to law, as stated above. For, in the first place, it belongs to law to be directed to the common good as to its end, as stated above ([1975]Q[90], A[2]). This good may be twofold. It may be a sensible and earthly good; and to this, man was directly ordained by the Old Law: wherefore, at the very outset of the law, the people were invited to the earthly kingdom of the Chananaeans (Ex. 3:8, 17). Again it may be an intelligible and heavenly good: and to this, man is ordained by the New Law. Wherefore, at the very beginning of His preaching, Christ invited men to the kingdom of heaven, saying (Mat. 4:17): “Do penance, for the kingdom of heaven is at hand.” Hence Augustine says (Contra Faust. iv) that “promises of temporal goods are contained in the Old Testament, for which reason it is called old; but the promise of eternal life belongs to the New Testament.”
Secondly, it belongs to the law to direct human acts according to the order of righteousness [1976](A[4]): wherein also the New Law surpasses the Old Law, since it directs our internal acts, according to Mat. 5:20: “Unless your justice abound more than that of the Scribes and Pharisees, you shall not enter into the kingdom of heaven.” Hence the saying that “the Old Law restrains the hand, but the New Law controls the mind” ( Sentent. iii, D, xl).
Thirdly, it belongs to the law to induce men to observe its commandments. This the Old Law did by the fear of punishment: but the New Law, by love, which is poured into our hearts by the grace of Christ, bestowed in the New Law, but foreshadowed in the Old. Hence Augustine says (Contra Adimant. Manich. discip. xvii) that “there is little difference [*The ‘little difference’ refers to the Latin words ‘timor’ and ‘amor’—‘fear’ and ‘love.’] between the Law and the Gospel—fear and love.”
Reply to Objection 1: As the father of a family issues different commands to the children and to the adults, so also the one King, God, in His one kingdom, gave one law to men, while they were yet imperfect, and another more perfect law, when, by the preceding law, they had been led to a greater capacity for Divine things.
Reply to Objection 2: The salvation of man could not be achieved otherwise than through Christ, according to Acts 4:12: “There is no other name . . . given to men, whereby we must be saved.” Consequently the law that brings all to salvation could not be given until after the coming of Christ. But before His coming it was necessary to give to the people, of whom Christ was to be born, a law containing certain rudiments of righteousness unto salvation, in order to prepare them to receive Him.
Reply to Objection 3: The natural law directs man by way of certain general precepts, common to both the perfect and the imperfect: wherefore it is one and the same for all. But the Divine law directs man also in certain particular matters, to which the perfect and imperfect do not stand in the same relation. Hence the necessity for the Divine law to be twofold, as already explained.
6-Whether there is a law in the fomes of sin?
Objection 1: It would seem that there is no law of the “fomes” of sin. For Isidore says (Etym. v) that the “law is based on reason.” But the “fomes” of sin is not based on reason, but deviates from it. Therefore the “fomes” has not the nature of a law.
Objection 2: Further, every law is binding, so that those who do not obey it are called transgressors. But man is not called a transgressor, from not following the instigations of the “fomes”; but rather from his following them. Therefore the “fomes” has not the nature of a law.
Objection 3: Further, the law is ordained to the common good, as stated above ([1977]Q[90], A[2]). But the “fomes” inclines us, not to the common, but to our own private good. Therefore the “fomes” has not the nature of sin.
On the contrary, The Apostle says (Rom. 7:23): “I see another law in my members, fighting against the law of my mind.”
I answer that, As stated above [1978](A[2]; Q[90], A[1], ad 1), the law, as to its essence, resides in him that rules and measures; but, by way of participation, in that which is ruled and measured; so that every inclination or ordination which may be found in things subject to the law, is called a law by participation, as stated above [1979](A[2]; Q[90], A[1] , ad 1). Now those who are subject to a law may receive a twofold inclination from the lawgiver. First, in so far as he directly inclines his subjects to something; sometimes indeed different subjects to different acts; in this way we may say that there is a military law and a mercantile law. Secondly, indirectly; thus by the very fact that a lawgiver deprives a subject of some dignity, the latter passes into another order, so as to be under another law, as it were: thus if a soldier be turned out of the army, he becomes a subject of rural or of mercantile legislation.
Accordingly under the Divine Lawgiver various creatures have various natural inclinations, so that what is, as it were, a law for one, is against the law for another: thus I might say that fierceness is, in a way, the law of a dog, but against the law of a sheep or another meek animal. And so the law of man, which, by the Divine ordinance, is allotted to him, according to his proper natural condition, is that he should act in accordance with reason: and this law was so effective in the primitive state, that nothing either beside or against reason could take man unawares. But when man turned his back on God, he fell under the influence of his sensual impulses: in fact this happens to each one individually, the more he deviates from the path of reason, so that, after a fashion, he is likened to the beasts that are led by the impulse of sensuality, according to Ps. 48:21: “Man, when he was in honor, did not understand: he hath been compared to senseless beasts, and made like to them.”
So, then, this very inclination of sensuality which is called the “fomes,” in other animals has simply the nature of a law (yet only in so far as a law may be said to be in such things), by reason of a direct inclination. But in man, it has not the nature of law in this way, rather is it a deviation from the law of reason. But since, by the just sentence of God, man is destitute of original justice, and his reason bereft of its vigor, this impulse of sensuality, whereby he is led, in so far as it is a penalty following from the Divine law depriving man of his proper dignity, has the nature of a law.
Reply to Objection 1: This argument considers the “fomes” in itself, as an incentive to evil. It is not thus that it has the nature of a law, as stated above, but according as it results from the justice of the Divine law: it is as though we were to say that the law allows a nobleman to be condemned to hard labor for some misdeed.
Reply to Objection 2: This argument considers law in the light of a rule or measure: for it is in this sense that those who deviate from the law become transgressors. But the “fomes” is not a law in this respect, but by a kind of participation, as stated above.
Reply to Objection 3: This argument considers the “fomes” as to its proper inclination, and not as to its origin. And yet if the inclination of sensuality be considered as it is in other animals, thus it is ordained to the common good, namely, to the preservation of nature in the species or in the individual. And this is in man also, in so far as sensuality is subject to reason. But it is called “fomes” in so far as it strays from the order of reason.
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Summa Theologica - Thomas Aquinas - OF THE VARIOUS KINDS OF LAW - TREATISE ON LAW (QQ 90–108) - First Section
(1) Whether there is an eternal law?
(2) Whether there is a natural law?
(3) Whether there is a human law?
(4) Whether there is a Divine law?
(5) Whether there is one Divine law, or several?
(6) Whether there is a law of sin?
1-Whether there is an eternal law?
Objection 1: It would seem that there is no eternal law. Because every law is imposed on someone. But there was not someone from eternity on whom a law could be imposed: since God alone was from eternity. Therefore no law is eternal.
Objection 2: Further, promulgation is essential to law. But promulgation could not be from eternity: because there was no one to whom it could be promulgated from eternity. Therefore no law can be eternal.
Objection 3: Further, a law implies order to an end. But nothing ordained to an end is eternal: for the last end alone is eternal. Therefore no law is eternal.
On the contrary, Augustine says (De Lib. Arb. i, 6): “That Law which is the Supreme Reason cannot be understood to be otherwise than unchangeable and eternal.”
I answer that, As stated above (Q[90], A[1], ad 2; [1960]AA[3],4), a law is nothing else but a dictate of practical reason emanating from the ruler who governs a perfect community. Now it is evident, granted that the world is ruled by Divine Providence, as was stated in the [1961]FP, Q[22], AA[1],2, that the whole community of the universe is governed by Divine Reason. Wherefore the very Idea of the government of things in God the Ruler of the universe, has the nature of a law. And since the Divine Reason’s conception of things is not subject to time but is eternal, according to Prov. 8:23, therefore it is that this kind of law must be called eternal.
Reply to Objection 1: Those things that are not in themselves, exist with God, inasmuch as they are foreknown and preordained by Him, according to Rom. 4:17: “Who calls those things that are not, as those that are.” Accordingly the eternal concept of the Divine law bears the character of an eternal law, in so far as it is ordained by God to the government of things foreknown by Him.
Reply to Objection 2: Promulgation is made by word of mouth or in writing; and in both ways the eternal law is promulgated: because both the Divine Word and the writing of the Book of Life are eternal. But the promulgation cannot be from eternity on the part of the creature that hears or reads.
Reply to Objection 3: The law implies order to the end actively, in so far as it directs certain things to the end; but not passively—that is to say, the law itself is not ordained to the end—except accidentally, in a governor whose end is extrinsic to him, and to which end his law must needs be ordained. But the end of the Divine government is God Himself, and His law is not distinct from Himself. Wherefore the eternal law is not ordained to another end.
2-Whether there is in us a natural law?
Objection 1: It would seem that there is no natural law in us. Because man is governed sufficiently by the eternal law: for Augustine says (De Lib. Arb. i) that “the eternal law is that by which it is right that all things should be most orderly.” But nature does not abound in superfluities as neither does she fail in necessaries. Therefore no law is natural to man.
Objection 2: Further, by the law man is directed, in his acts, to the end, as stated above ([1962]Q[90], A[2]). But the directing of human acts to their end is not a function of nature, as is the case in irrational creatures, which act for an end solely by their natural appetite; whereas man acts for an end by his reason and will. Therefore no law is natural to man.
Objection 3: Further, the more a man is free, the less is he under the law. But man is freer than all the animals, on account of his free-will, with which he is endowed above all other animals. Since therefore other animals are not subject to a natural law, neither is man subject to a natural law.
On the contrary, A gloss on Rom. 2:14: “When the Gentiles, who have not the law, do by nature those things that are of the law,” comments as follows: “Although they have no written law, yet they have the natural law, whereby each one knows, and is conscious of, what is good and what is evil.”
I answer that, As stated above (Q[90], A[1], ad 1), law, being a rule and measure, can be in a person in two ways: in one way, as in him that rules and measures; in another way, as in that which is ruled and measured, since a thing is ruled and measured, in so far as it partakes of the rule or measure. Wherefore, since all things subject to Divine providence are ruled and measured by the eternal law, as was stated above [1963](A[1]); it is evident that all things partake somewhat of the eternal law, in so far as, namely, from its being imprinted on them, they derive their respective inclinations to their proper acts and ends. Now among all others, the rational creature is subject to Divine providence in the most excellent way, in so far as it partakes of a share of providence, by being provident both for itself and for others. Wherefore it has a share of the Eternal Reason, whereby it has a natural inclination to its proper act and end: and this participation of the eternal law in the rational creature is called the natural law. Hence the Psalmist after saying (Ps. 4:6): “Offer up the sacrifice of justice,” as though someone asked what the works of justice are, adds: “Many say, Who showeth us good things?” in answer to which question he says: “The light of Thy countenance, O Lord, is signed upon us”: thus implying that the light of natural reason, whereby we discern what is good and what is evil, which is the function of the natural law, is nothing else than an imprint on us of the Divine light. It is therefore evident that the natural law is nothing else than the rational creature’s participation of the eternal law.
Reply to Objection 1: This argument would hold, if the natural law were something different from the eternal law: whereas it is nothing but a participation thereof, as stated above.
Reply to Objection 2: Every act of reason and will in us is based on that which is according to nature, as stated above ([1964]Q[10], A[1]): for every act of reasoning is based on principles that are known naturally, and every act of appetite in respect of the means is derived from the natural appetite in respect of the last end. Accordingly the first direction of our acts to their end must needs be in virtue of the natural law.
Reply to Objection 3: Even irrational animals partake in their own way of the Eternal Reason, just as the rational creature does. But because the rational creature partakes thereof in an intellectual and rational manner, therefore the participation of the eternal law in the rational creature is properly called a law, since a law is something pertaining to reason, as stated above ([1965]Q[90], A[1]). Irrational creatures, however, do not partake thereof in a rational manner, wherefore there is no participation of the eternal law in them, except by way of similitude.
3-Whether there is a human law?
Objection 1: It would seem that there is not a human law. For the natural law is a participation of the eternal law, as stated above [1966](A[2]). Now through the eternal law “all things are most orderly,” as Augustine states (De Lib. Arb. i, 6). Therefore the natural law suffices for the ordering of all human affairs. Consequently there is no need for a human law.
Objection 2: Further, a law bears the character of a measure, as stated above ([1967]Q[90], A[1]). But human reason is not a measure of things, but vice versa, as stated in Metaph. x, text. 5. Therefore no law can emanate from human reason.
Objection 3: Further, a measure should be most certain, as stated in Metaph. x, text. 3. But the dictates of human reason in matters of conduct are uncertain, according to Wis. 9:14: “The thoughts of mortal men are fearful, and our counsels uncertain.” Therefore no law can emanate from human reason.
On the contrary, Augustine (De Lib. Arb. i, 6) distinguishes two kinds of law, the one eternal, the other temporal, which he calls human.
I answer that, As stated above ([1968]Q[90], A[1], ad 2), a law is a dictate of the practical reason. Now it is to be observed that the same procedure takes place in the practical and in the speculative reason: for each proceeds from principles to conclusions, as stated above (De Lib. Arb. i, 6). Accordingly we conclude that just as, in the speculative reason, from naturally known indemonstrable principles, we draw the conclusions of the various sciences, the knowledge of which is not imparted to us by nature, but acquired by the efforts of reason, so too it is from the precepts of the natural law, as from general and indemonstrable principles, that the human reason needs to proceed to the more particular determination of certain matters. These particular determinations, devised by human reason, are called human laws, provided the other essential conditions of law be observed, as stated above ([1969]Q[90], AA[2],3,4). Wherefore Tully says in his Rhetoric (De Invent. Rhet. ii) that “justice has its source in nature; thence certain things came into custom by reason of their utility; afterwards these things which emanated from nature and were approved by custom, were sanctioned by fear and reverence for the law.”
Reply to Objection 1: The human reason cannot have a full participation of the dictate of the Divine Reason, but according to its own mode, and imperfectly. Consequently, as on the part of the speculative reason, by a natural participation of Divine Wisdom, there is in us the knowledge of certain general principles, but not proper knowledge of each single truth, such as that contained in the Divine Wisdom; so too, on the part of the practical reason, man has a natural participation of the eternal law, according to certain general principles, but not as regards the particular determinations of individual cases, which are, however, contained in the eternal law. Hence the need for human reason to proceed further to sanction them by law.
Reply to Objection 2: Human reason is not, of itself, the rule of things: but the principles impressed on it by nature, are general rules and measures of all things relating to human conduct, whereof the natural reason is the rule and measure, although it is not the measure of things that are from nature.
Reply to Objection 3: The practical reason is concerned with practical matters, which are singular and contingent: but not with necessary things, with which the speculative reason is concerned. Wherefore human laws cannot have that inerrancy that belongs to the demonstrated conclusions of sciences. Nor is it necessary for every measure to be altogether unerring and certain, but according as it is possible in its own particular genus.
4-Whether there was any need for a Divine law?
Objection 1: It would seem that there was no need for a Divine law. Because, as stated above [1970](A[2]), the natural law is a participation in us of the eternal law. But the eternal law is a Divine law, as stated above [1971](A[1]). Therefore there was no need for a Divine law in addition to the natural law, and human laws derived therefrom.
Objection 2: Further, it is written (Ecclus. 15:14) that “God left man in the hand of his own counsel.” Now counsel is an act of reason, as stated above (Q[14], A[1]). Therefore man was left to the direction of his reason. But a dictate of human reason is a human law as stated above [1972](A[3]). Therefore there is no need for man to be governed also by a Divine law.
Objection 3: Further, human nature is more self-sufficing than irrational creatures. But irrational creatures have no Divine law besides the natural inclination impressed on them. Much less, therefore, should the rational creature have a Divine law in addition to the natural law.
On the contrary, David prayed God to set His law before him, saying (Ps. 118:33): “Set before me for a law the way of Thy justifications, O Lord.”
I answer that, Besides the natural and the human law it was necessary for the directing of human conduct to have a Divine law. And this for four reasons.
First, because it is by law that man is directed how to perform his proper acts in view of his last end. And indeed if man were ordained to no other end than that which is proportionate to his natural faculty, there would be no need for man to have any further direction of the part of his reason, besides the natural law and human law which is derived from it. But since man is ordained to an end of eternal happiness which is inproportionate to man’s natural faculty, as stated above ([1973]Q[5], A[5]), therefore it was necessary that, besides the natural and the human law, man should be directed to his end by a law given by God.
Secondly, because, on account of the uncertainty of human judgment, especially on contingent and particular matters, different people form different judgments on human acts; whence also different and contrary laws result. In order, therefore, that man may know without any doubt what he ought to do and what he ought to avoid, it was necessary for man to be directed in his proper acts by a law given by God, for it is certain that such a law cannot err.
Thirdly, because man can make laws in those matters of which he is competent to judge. But man is not competent to judge of interior movements, that are hidden, but only of exterior acts which appear: and yet for the perfection of virtue it is necessary for man to conduct himself aright in both kinds of acts. Consequently human law could not sufficiently curb and direct interior acts; and it was necessary for this purpose that a Divine law should supervene.
Fourthly, because, as Augustine says (De Lib. Arb. i, 5,6), human law cannot punish or forbid all evil deeds: since while aiming at doing away with all evils, it would do away with many good things, and would hinder the advance of the common good, which is necessary for human intercourse. In order, therefore, that no evil might remain unforbidden and unpunished, it was necessary for the Divine law to supervene, whereby all sins are forbidden.
And these four causes are touched upon in Ps. 118:8, where it is said: “The law of the Lord is unspotted,” i.e. allowing no foulness of sin; “converting souls,” because it directs not only exterior, but also interior acts; “the testimony of the Lord is faithful,” because of the certainty of what is true and right; “giving wisdom to little ones,” by directing man to an end supernatural and Divine.
Reply to Objection 1: By the natural law the eternal law is participated proportionately to the capacity of human nature. But to his supernatural end man needs to be directed in a yet higher way. Hence the additional law given by God, whereby man shares more perfectly in the eternal law.
Reply to Objection 2: Counsel is a kind of inquiry: hence it must proceed from some principles. Nor is it enough for it to proceed from principles imparted by nature, which are the precepts of the natural law, for the reasons given above: but there is need for certain additional principles, namely, the precepts of the Divine law.
Reply to Objection 3: Irrational creatures are not ordained to an end higher than that which is proportionate to their natural powers: consequently the comparison fails.
5-Whether there is but one Divine law?
Objection 1: It would seem that there is but one Divine law. Because, where there is one king in one kingdom there is but one law. Now the whole of mankind is compared to God as to one king, according to Ps. 46:8: “God is the King of all the earth.” Therefore there is but one Divine law.
Objection 2: Further, every law is directed to the end which the lawgiver intends for those for whom he makes the law. But God intends one and the same thing for all men; since according to 1 Tim. 2:4: “He will have all men to be saved, and to come to the knowledge of the truth.” Therefore there is but one Divine law.
Objection 3: Further, the Divine law seems to be more akin to the eternal law, which is one, than the natural law, according as the revelation of grace is of a higher order than natural knowledge. Therefore much more is the Divine law but one.
On the contrary, The Apostle says (Heb. 7:12): “The priesthood being translated, it is necessary that a translation also be made of the law.” But the priesthood is twofold, as stated in the same passage, viz. the levitical priesthood, and the priesthood of Christ. Therefore the Divine law is twofold, namely the Old Law and the New Law.
I answer that, As stated in the [1974]FP, Q[30], A[3], distinction is the cause of number. Now things may be distinguished in two ways.
First, as those things that are altogether specifically different, e.g. a horse and an ox. Secondly, as perfect and imperfect in the same species, e.g. a boy and a man: and in this way the Divine law is divided into Old and New. Hence the Apostle (Gal. 3:24,25) compares the state of man under the Old Law to that of a child “under a pedagogue”; but the state under the New Law, to that of a full grown man, who is “no longer under a pedagogue.”
Now the perfection and imperfection of these two laws is to be taken in connection with the three conditions pertaining to law, as stated above. For, in the first place, it belongs to law to be directed to the common good as to its end, as stated above ([1975]Q[90], A[2]). This good may be twofold. It may be a sensible and earthly good; and to this, man was directly ordained by the Old Law: wherefore, at the very outset of the law, the people were invited to the earthly kingdom of the Chananaeans (Ex. 3:8, 17). Again it may be an intelligible and heavenly good: and to this, man is ordained by the New Law. Wherefore, at the very beginning of His preaching, Christ invited men to the kingdom of heaven, saying (Mat. 4:17): “Do penance, for the kingdom of heaven is at hand.” Hence Augustine says (Contra Faust. iv) that “promises of temporal goods are contained in the Old Testament, for which reason it is called old; but the promise of eternal life belongs to the New Testament.”
Secondly, it belongs to the law to direct human acts according to the order of righteousness [1976](A[4]): wherein also the New Law surpasses the Old Law, since it directs our internal acts, according to Mat. 5:20: “Unless your justice abound more than that of the Scribes and Pharisees, you shall not enter into the kingdom of heaven.” Hence the saying that “the Old Law restrains the hand, but the New Law controls the mind” ( Sentent. iii, D, xl).
Thirdly, it belongs to the law to induce men to observe its commandments. This the Old Law did by the fear of punishment: but the New Law, by love, which is poured into our hearts by the grace of Christ, bestowed in the New Law, but foreshadowed in the Old. Hence Augustine says (Contra Adimant. Manich. discip. xvii) that “there is little difference [*The ‘little difference’ refers to the Latin words ‘timor’ and ‘amor’—‘fear’ and ‘love.’] between the Law and the Gospel—fear and love.”
Reply to Objection 1: As the father of a family issues different commands to the children and to the adults, so also the one King, God, in His one kingdom, gave one law to men, while they were yet imperfect, and another more perfect law, when, by the preceding law, they had been led to a greater capacity for Divine things.
Reply to Objection 2: The salvation of man could not be achieved otherwise than through Christ, according to Acts 4:12: “There is no other name . . . given to men, whereby we must be saved.” Consequently the law that brings all to salvation could not be given until after the coming of Christ. But before His coming it was necessary to give to the people, of whom Christ was to be born, a law containing certain rudiments of righteousness unto salvation, in order to prepare them to receive Him.
Reply to Objection 3: The natural law directs man by way of certain general precepts, common to both the perfect and the imperfect: wherefore it is one and the same for all. But the Divine law directs man also in certain particular matters, to which the perfect and imperfect do not stand in the same relation. Hence the necessity for the Divine law to be twofold, as already explained.
6-Whether there is a law in the fomes of sin?
Objection 1: It would seem that there is no law of the “fomes” of sin. For Isidore says (Etym. v) that the “law is based on reason.” But the “fomes” of sin is not based on reason, but deviates from it. Therefore the “fomes” has not the nature of a law.
Objection 2: Further, every law is binding, so that those who do not obey it are called transgressors. But man is not called a transgressor, from not following the instigations of the “fomes”; but rather from his following them. Therefore the “fomes” has not the nature of a law.
Objection 3: Further, the law is ordained to the common good, as stated above ([1977]Q[90], A[2]). But the “fomes” inclines us, not to the common, but to our own private good. Therefore the “fomes” has not the nature of sin.
On the contrary, The Apostle says (Rom. 7:23): “I see another law in my members, fighting against the law of my mind.”
I answer that, As stated above [1978](A[2]; Q[90], A[1], ad 1), the law, as to its essence, resides in him that rules and measures; but, by way of participation, in that which is ruled and measured; so that every inclination or ordination which may be found in things subject to the law, is called a law by participation, as stated above [1979](A[2]; Q[90], A[1] , ad 1). Now those who are subject to a law may receive a twofold inclination from the lawgiver. First, in so far as he directly inclines his subjects to something; sometimes indeed different subjects to different acts; in this way we may say that there is a military law and a mercantile law. Secondly, indirectly; thus by the very fact that a lawgiver deprives a subject of some dignity, the latter passes into another order, so as to be under another law, as it were: thus if a soldier be turned out of the army, he becomes a subject of rural or of mercantile legislation.
Accordingly under the Divine Lawgiver various creatures have various natural inclinations, so that what is, as it were, a law for one, is against the law for another: thus I might say that fierceness is, in a way, the law of a dog, but against the law of a sheep or another meek animal. And so the law of man, which, by the Divine ordinance, is allotted to him, according to his proper natural condition, is that he should act in accordance with reason: and this law was so effective in the primitive state, that nothing either beside or against reason could take man unawares. But when man turned his back on God, he fell under the influence of his sensual impulses: in fact this happens to each one individually, the more he deviates from the path of reason, so that, after a fashion, he is likened to the beasts that are led by the impulse of sensuality, according to Ps. 48:21: “Man, when he was in honor, did not understand: he hath been compared to senseless beasts, and made like to them.”
So, then, this very inclination of sensuality which is called the “fomes,” in other animals has simply the nature of a law (yet only in so far as a law may be said to be in such things), by reason of a direct inclination. But in man, it has not the nature of law in this way, rather is it a deviation from the law of reason. But since, by the just sentence of God, man is destitute of original justice, and his reason bereft of its vigor, this impulse of sensuality, whereby he is led, in so far as it is a penalty following from the Divine law depriving man of his proper dignity, has the nature of a law.
Reply to Objection 1: This argument considers the “fomes” in itself, as an incentive to evil. It is not thus that it has the nature of a law, as stated above, but according as it results from the justice of the Divine law: it is as though we were to say that the law allows a nobleman to be condemned to hard labor for some misdeed.
Reply to Objection 2: This argument considers law in the light of a rule or measure: for it is in this sense that those who deviate from the law become transgressors. But the “fomes” is not a law in this respect, but by a kind of participation, as stated above.
Reply to Objection 3: This argument considers the “fomes” as to its proper inclination, and not as to its origin. And yet if the inclination of sensuality be considered as it is in other animals, thus it is ordained to the common good, namely, to the preservation of nature in the species or in the individual. And this is in man also, in so far as sensuality is subject to reason. But it is called “fomes” in so far as it strays from the order of reason.
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Summa Theologica - Thomas Aquinas - OF THE VARIOUS KINDS OF LAW - TREATISE ON LAW (QQ 90–108) - First Section
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