Chapter II: On Positive Divine Law

Christ. Pesch, Prael. Dogm., t. 5, n. 455; Lehmkuhl, I, n. 291; Tanquerey, II, n. 234; Piscetta, Theol. mor., n. 287; Genicot-Salsmans, I, n. 123.

130. DEFINITION. Positive divine law is a law freely and externally given by God as author of grace, which directs man to the supernatural end.

A law of this kind, according to St. Thomas (1.2, q. 91, a. 4), is NECESSARY for the direction of our life; both on account of the insufficiency of human law and also of natural law, and especially on account of man's destination to a supernatural end.

And hence it is that positive law of God is found in every state of human nature: 1. in the state of innocence, matrimony, and this one and indissoluble, was positively instituted by God; besides, the law was given to the first parents concerning not eating the fruit of the tree of the knowledge of good and evil; 2. in the state of fallen nature, from Adam until Moses, there was both the law forbidding the use of flesh with blood and the law imposing circumcision on the family of Abraham. Hence, when it is said that then there was only the law of nature, the sense is that there were not those many laws promulgated through Moses and consigned to letters; but a few, received and preserved through tradition. Reuter (P. I, n. 138, 2, end).

DIVISION. A twofold positive law of God is especially distinguished, namely: 1. the old Mosaic law; 2. the new or Evangelical law.

131. The Mosaic law is a supernatural law, given by God through Angels and promulgated through Moses, so that the Israelite people, in honor of Christ, might be peculiarly sanctified and disposed for his advent. Its character was particular. These things are evident from Sacred Scripture, especially from the Epistle to the Galatians.

It will suffice to note the following here: 1. The Mosaic precepts were of three kinds, namely moral, ceremonial, and judicial. The MORAL precepts ordered man toward God, toward himself, and toward others. These, if you except the circumstance of the Sabbath, are altogether the same as the precepts of the law of nature. The CEREMONIAL precepts regarded the external worship of God. All the ceremonies figured the mysteries of the new law, and concerned sacrifices, Sacraments, sacred things, and legal observances. The JUDICIAL precepts dictated the relations of men among themselves, and defined in what way justice was to be exercised toward the prince, fellow citizens, domestics, and foreigners.

2. The old law, as to moral things, remains forever; but as to the rest, which regarded only the Jews, after the death of Christ, or certainly after Pentecost, it is abrogated and dead. The first is clear from the fact that those precepts belong to natural law, and because it was defined by Trent (Sess. VI, c. 19) that Christians are bound by the ten precepts. The second is evident from the whole Epistle of St. Paul to the Galatians, and from the constant doctrine of the Church. The old law is deadly (therefore prohibited under mortal sin) only as to ceremonial things, since these signified the Messiah to come.

132. The Evangelical, or new, law is a supernatural law justifying of itself, founded by Christ, promulgated by the Apostles, obliging all men until the end of the age. Its character therefore is universal.

It is called 1. new, both with respect to the old law, and because it renews man through grace; 2. founded by Christ, not written, but given orally, and then transmitted both through Scripture and through Tradition; 3. promulgated by the Apostles, and indeed solemnly, on the day of Pentecost, and then successively spread through the whole world; 4. justifying of itself; for the Sacraments from the work worked produce grace, or perfect justice, and not only legal justice; 5. obliging all men until the end of the age, because no one can obtain eternal salvation except through it. Hence all non-baptized persons, as soon as they come to sufficient knowledge of it, are bound to embrace it.

133. PRINCIPLES. I. The Evangelical law is a true law, containing precepts both sacramental and moral.¹ 1. It is a true law, as is evident from the words of Christ (Matt. 28): Going, teach all nations... teaching them to observe all things whatsoever I have commanded you. And from the Council of Trent, Sess. VI, can. 19, 20, and 21. 2. It contains sacramental precepts, or those pertaining to worship, that is, the Sacrifice of the New Law and the sacraments. 3. It contains moral precepts, and indeed in a twofold way: a) Some belong to the essence of Christian perfection and regard works directly necessary for salvation. For certain works have a necessary fittingness or contrariety to interior grace, and therefore are prescribed or prohibited by the new law, as St. Thomas notes (1.2, q. 108, a. 1). All these Christ, from the old law, renewed, confirmed, perfected, and vindicated from various errors of the Jews. See the little work of St. Alphonsus, Cond. ammir. della div. Provvid., P. II, c. 1, n. 4-12. b) Others belong to integral perfection, and regard those who desire to be joined to Christ in a stricter way.

Therefore to the new law belong also the EVANGELICAL COUNSELS, not in the sense that they are obligatory, but that they themselves conjointly with the precepts constitute divine right; which right can be attacked by no human power, nor taken away, nor changed. These counsels are reduced chiefly to three, namely to poverty, chastity, and obedience. But their end is to procure perfect observance of the commandments, to lead Christians to the highest perfection and to a high grade of glory, and to manifest to the nations that splendid mark by which alone the Church of Christ shines forth, that is, the mark of her sanctity.² See the treatise on the Religious State.

134. II. The Evangelical law is perfect, nor will another more perfect law succeed in its place. So all with St. Thomas (1.2, q. 106, a. 4). It is evident from the words of the Lord (Luke 21:33): Heaven and earth will pass away, but my words will not pass away; and from Matt. 28:20: Behold, I am with you until the consummation of the age. Nothing can be nearer to the ultimate end than the new law, which immediately introduces into the ultimate end. Hence the following 5th proposition was deservedly condemned in the Syllabus: "Divine revelation is imperfect, and therefore subject to continuous and indefinite progress, which corresponds to the progression of human reason."

135. IT IS ASKED. Whether the Supreme Pontiff can dispense in positive divine right?

A twofold divine right is distinguished: one which obliges immediately and of itself, independently from every previous consent of the will of man, for example, the laws of not swearing falsely, of preserving the matter and form of the sacraments. But the other is that which concerns pacts and obligations which are introduced through the human will, for example, the law of standing by promises. With these things noted beforehand, we say with St. Alphonsus, VI, n. 1119 (cf. ibid., 902, 1101):

1. It is certain that the Pope can dispense in divine right which arises from the human will, as in vows and oaths; for then, although he does not take away the natural obligation of fidelity toward God, nevertheless on the part of God he remits the obligation made to him and declares that it is pleasing to God that the vow, or oath, not be observed.

It is therefore a condonation of obligation rather than a dispensation; nevertheless the use of the word can be retained, because the Supreme Pontiff, as a faithful dispenser, in the person of God, determines what is acceptable to God. Thus commonly with St. Thomas (in Sanchez, de Matrim., l. 8, disp. 6, n. 2; cf. H. Ap., II, 56).

2. The more common and more probable opinion denies that the Pope can dispense in those things which are of absolute divine right, that is, which are derived from the divine will alone. The Angelic Doctor teaches this openly (1.2, q. 97, a. 4, ad 3): "In the precepts of divine right, which are from God, no one can dispense except God, or he to whom he himself would specially commit it." "But this special commission," St. Alphonsus continues (l. c.), "is not had from the words: Whatever you shall bind, etc.; so much the more because dispensations of this kind in divine right would be harmful to the unity and stability of the Church."

3. "The Doctors say very probably that the Pontiff can in some particular case, not now dispense, but declare, as Doctor of the Church, that divine right does not oblige. The reason is that this power is necessary on account of the variety of human affairs: otherwise, God would not have provided sufficiently for the good government of the Church." Suarez, de Leg., l. 10, c. 6, n. 7, 9 ff.; Benedict XIV, de Synodo, l. 7, c. 1, n. 7, consent. Cf. H. Ap., II, n. 55-56.