Who can make laws?

I say 1°: Legislative power belongs to the community, or to him who bears the care of the community ¹. ¹ Ibid. a. 3, c.

It is proved. To found law belongs to him whose it is to provide for the common good; because, as was said, laws are enacted on account of the common good. Yet to provide for the common good belongs to the community, or to him who has the care of the community; for as particular good is an end proportioned to a particular agent, so the common good is an end proportioned to the community, or to him exercising its functions. Ergo.

But true, because this governing and legislative power cannot easily be exercised by the whole multitude — for it would be difficult for all and singular to assemble at once as often as provision must be made for things necessary to the common good and for enacting laws — therefore the multitude is wont to transfer its right, or governing power, either into certain men from every condition of the people, and it is called democracy; or into few optimates, and it is called aristocracy; or into one only, whether for himself alone or for successors by hereditary right, and it is called monarchy.

This legislative power over Christians, especially the just, the Lutherans and Calvinists deny to the Church, herein following the Waldenses, Wiclif and John Hus condemned in the council of Constance. Against whom

I say 2º: There exists in the Church of Christ legislative power.

It is proved 1° by tradition. The Apostles themselves, Act., XV, 28 et 29,

^{1 1} Ibid. a. 3, c.

enacted the law of abstaining from things strangled and from things sacrificed to idols. And ibid., 41, it is said of Paul: He went about..., commanding them to keep the precepts of the Apostles. From which it is understood that this law of the Apostles was not directive only, as heretics feign, but also preceptive. From the Apostles until now, the Church through holy Pontiffs and councils has founded laws which all the faithful have venerated.

2° By reason. The Church of Christ is a republic well ordered; for Christ did not fail her in anything. Yet in every well-ordered republic there ought to be, for emerging circumstances and necessities, legislative power: otherwise it will collapse. Ergo.

Now this power resides in the supreme Pontiff and general councils legitimately assembled, for the whole Church; in legates, for the provinces of their legation; in bishops, with counsel of chapter, for their diocese; in national and provincial councils, for the nation or province; in general assemblies of religious orders, for the whole order.

[Obj. 1°: Either Christ sufficiently provided for his Church, or not. Second alternative is wickedness of the day. If the first, ergo human laws are superfluous.

I answer. That Christ sufficiently provided for his Church by founding essential laws and leaving to the Church itself the power of founding those which ought to arise from the former, according as he should judge expedient for the common good by exigency of circumstances, persons and places. For it appears that this power is necessary to the Church, that she may be able to rule the Christian people fittingly.

Obj. 2º from heretics and especially Protestants: The Church is a certain college existing within an empire and under territorial power or superiority. Yet any college whatsoever has not the right of founding laws, but is subject to the laws of the empire; for it is repugnant that in the same republic there be two supreme legislators. Ergo.

I answer. I deny the major. 1º The Church is a society, city and kingdom perfect, as it is described in sacred letters and by the Fathers. This society is not confined within the limits of one civil empire, but embraces the whole world, because Christ came into the world that he might save all men, I Tim., II, 4. Whence he willed his Church diffused everywhere to be one, and this association to be bound and joined together with the same bonds in those things which pertain either to faith or to morals. He willed moreover that it be perpetual, and promised that it would endure unto the consummation of the world, Matth., XXVIII, 20. All which do not suffer the straits and instability of temporal empires. 2º Colleges cannot be instituted without permission of the prince, who can suppress them if their affairs and ends pertain to the genus of things committed to him. Yet the Church was instituted, not only without permission of princes, but while they contradicted and strove to destroy her, and the affairs which she has charge of do not pertain to the genus of things committed to the prince. Ergo she is not constituted under the authority of the prince. 3° Indeed two supreme legislators cannot coexist in the same republic, supposed that both powers be exercised in the same genus and have the administration of the same thing. But the genus of both civil and ecclesiastical power differs entirely, because the things committed to each differ entirely. This indeed has charge of sacred and divine things, and watches over spiritual and eternal goods of the faithful; that, governing civil society, studies earthly and temporal goods of citizens. Each therefore is supreme in its own things, each having its parts. Whence it is falsely asserted that a state within a state is constituted, if the Church vindicates to herself legislative power in her own order. Hence Jerome used to say, Ep. 77, ad Ocean., n. 2: « Other are the laws of the Caesars, other those of Christ; another thing Papinian commands, another our Paul. » And Pope Gelasius, in can. Duo sunt, dist. 96: « Two there are by which this world is principally ruled, the sacred authority of priests and the royal power. »]

I say 3°: Legislative power does not depend upon probity of life. Whence every prince holds it, as well secular as ecclesiastical, whether good or evil.

It is proved. Christ himself, Matth., XXII, 21, commanded tribute be paid to Caesar, a heathen prince. Ibid., XXIII, 2 et 3, he commands obedience to Scribes and Pharisees commanding according to the law, though wicked and impious. The Apostle, ad Rom., XIII, 4 et 5, teaches that princes, even infidels, are ministers of God, and that they must be obeyed, not only because of wrath, but also for conscience' sake. The same, ad Tit., III, 1, and 1 Petr., II, 13-15. Whence the following propositions were justly condemned in the council of Constance, first session, 8: « No one is civil lord, no one prelate, no one bishop, while he is in mortal sin. » It is 13 of Wiclif. The other, session XV: « No one exercises the office of Christ or Peter unless he follow him in morals. » It is 12 of John Hus.

You will ask of how many kinds laws are.

I answer. that they are of fourfold kind ¹. One is eternal; another natural; another divine positive, and this twofold, old and new; another human, and this again twofold, ecclesiastical and civil. ¹ Here q. 91. — 2. Here q. 91, a. 1, c.