Article — Noldin, Summa of Moral Theology
Second Article. On Positive Divine Law
118. Notion. Positive divine law is a law freely made by God and promulgated by some immediate act. Hence positive divine law can be known by us only through revelation. Once the destination of man to a supernatural end has been supposed, God necessarily established a positive law by which man would be directed to the supernatural end of eternal beatitude. Positive divine law is distinguished as twofold: the ancient or Mosaic law, and the new or evangelical law. Passing over those things which are handed down concerning the old law, certain things concerning the new or evangelical law should be noted.
Just as the destination of man to a supernatural end does not destroy human nature and its natural end, but elevates and perfects them, so the revealed supernatural law does not take away the law of nature; so that positive law and natural law together constitute the integral moral law of man destined to the supernatural end of eternal life.
119. On the abrogation of the ancient law. 1. The ancient Mosaic law, which of itself obliged only the Jews, was abrogated at the death of Christ, or certainly on the day of Pentecost.
a. The apostolic council solemnly declares that the Mosaic law, and that whole law as to ceremonial, judicial, and moral precepts, was abrogated.1 The Apostles communicate this declaration to the Antiochians in these words: "It has seemed good to the Holy Spirit and to us to impose no further burden upon you" (namely from the Mosaic law).2
b. It is certain that the Mosaic law did not cease before the death of Christ; but whether it was abrogated at the time of the death of Christ, as the Thomists will, or on the day of Pentecost, when the solemn promulgation of the new law was made, as the Scotists teach, cannot be affirmed with certainty. From the Apostle it is established that the old law did not cease before the death of Christ; from the same Apostle the opinion which holds that the old law was abrogated in the very death of Christ the Lord seems to be confirmed.3
- Although the ancient law after the death of Christ was dead, that is, deprived of the force of obliging, nevertheless it did not immediately become death-bearing, but for a time could still be observed without sin; not indeed insofar as it signified Christ as going to come, but insofar as it prescribed the mode of worshiping God. And indeed the Apostles themselves sometimes observed the ceremonial things of the law.4
a. It is clear that these things hold of the ceremonial law, which to observe even now is mortal sin, since it is false and superstitious worship; for one who observes the ceremonies of the Mosaic law professes that the Messiah has not yet come, but is still going to come.5 The judicial precepts, and more so the moral precepts, are not death-bearing, although they themselves have also lost the force of obliging which arose from the Mosaic law.
b. When the new law had been sufficiently promulgated through the Apostles, the ancient law could no longer licitly be observed, but began to become death-bearing, or false and illicit worship. But when exactly this happened cannot indeed be accurately determined; nevertheless after the destruction of Jerusalem it certainly could no longer be observed.
c. Concerning this matter a celebrated controversy arose between St. Jerome and St. Augustine. The former contended that the Mosaic law after the death of Christ could never have been observed without sin; but that the Apostles observed it not seriously but by simulation. St. Augustine rightly contradicted him, contending that the Apostles, in observing the ancient law, acted seriously and could observe it without sin, because in the beginning it was indeed dead, but not yet death-bearing. Jerome at last yielded to the opinion of Augustine.6
1 Cf. Acts 15:1 ff.
2 Acts 15:28.
3 Heb. 9:16-17; Eph. 2:15. Cf. Pesch V, n. 517 f.
4 Cf. Acts 10:14; 16:3; 18:18; 21:24; 1 Cor. 9:20 f.
6 Cf. Suarez, l. 9, c. 15 ff. Mohler, Gesammelte Schriften und Aufsatze (Regensburg: Manz, 1839), I, p. 1 ff.
120. On the existence of the new law. 1. Christ the Lord, by the legislative power which He possessed, established a new law obliging all, which is called supernatural law.
a. By the name of new law there is often understood improperly the new order of salvation which Christ instituted after the old law had been abrogated. Now this order of salvation contains law properly so called, or precepts made by Christ, who did not come to destroy (the law), but to fulfill.1 And indeed: a. Christ announced very many precepts during His public life; therefore b. He commanded the Apostles and their successors to commend to men the observance of His commandments;2 c. and the Council of Trent condemns those who deny that Christ gave new precepts.3
b. From a multiple title the law made by Christ must be called supernatural: both because it proceeds from God as author of the supernatural order, and because it is instituted for men elevated to the supernatural order and is observed by supernatural powers, and finally because it directs to a supernatural end.
- The new or evangelical law contains precepts of three kinds: theological, moral, and sacramental. The theological are referred to the theological virtues;4 the moral are contained in the Decalogue, for Christ did not abrogate the natural law, but explicitly renewed it, confirmed it, and added greater perfection to it;5 the sacramental pertain to the sacraments and the oblation of the sacrifice.6
a. Because Christ confirmed the precepts of the Decalogue by His own authority, they oblige from a twofold title: by force of natural and positive law. Therefore Christians violating the precepts of the Decalogue do not indeed commit two sins diverse in species or number, yet they sin more gravely than unbelievers violating the same precepts.
b. Judicial precepts are not contained in the evangelical law, unless those precepts are called judicial which regard the constitution of the Church7 and its authority.8 Although judicial precepts are necessary for governing the faithful people gathered into a society, nevertheless Christ Himself did not will to establish them immediately, but only mediately through the Church, which He therefore furnished with legislative power. Precepts of this kind were afterward in fact established as occasions occurred, and they are contained in canon law.
c. Besides moral precepts, the new law also contains several moral counsels, of which the principal ones are the three counsels which are commonly called evangelical, namely of poverty, chastity, and obedience.
1 Matt. 5:17.
2 Matt. 28:20.
4 Mark 16:16; Matt. 22:37; Luke 10:27.
5 Matt. 5: "But I say to you," etc.
6 John 3:5; Luke 22:19; John 6:54 f.
7 Matt. 16:18 f.
8 Matt. 18:17 ff.
121. Its obligation. The evangelical law obliges all men of all times and places. a. For it was imposed upon all by Christ,1 because from the will of God all are to be led through Christ to sanctification and salvation. Therefore Christ expressly says: "All power has been given to Me in heaven and on earth. Going therefore, teach all nations. Teaching them to observe all things whatsoever I have commanded you."2
b. That the law of Christ obliges all men of all times, so that no other law will follow until the consummation of time, is clear: a. God in the Old Testament had promised a new covenant which would remain forever;3 b. Christ foretold the immutable stability of His kingdom;4 therefore the time of the new law is called the last time;5 c. it would have to be abrogated so that a more perfect one might be introduced; but there cannot be a law more perfect than that whose precepts immediately join man with God, whose sacraments truly sanctify man, whose sacrifice is of infinite dignity.
The absolute perfection of the moral doctrine of Christ the Lord is also apparent from the doctrine itself. First, being accommodated neither to a determinate time nor to a certain nation, it fits all men of all times and places. Besides this, its foundation and end is God, the absolute and infinitely perfect good. Finally, the precept of divine charity raises man to the highest moral perfection and at the same time to perfect beatitude. The precept of love of self and of neighbor satisfies in the most perfect way all the needs of human nature, both individual and social.
c. Nevertheless the precepts of the new law do not oblige all men in an equal way: for the precept of receiving faith and entering the Church through the reception of baptism obliges all immediately; but the others only mediately, namely through entrance into the Church and through baptism received.
To the question when the new law began to oblige, some respond that objectively and in first act its obligation began at the death of Christ, or at least on the day of Pentecost: for they think that Christ established that together with the solemn promulgation of the law its obligation should begin.6 But others teach that it began to oblige after its sufficient publication throughout the world; and that sufficient publication of it was made through the Apostles: for "their sound went forth into all the earth." Therefore in first act, at the time of the Apostles (forty years after the death of Christ, or certainly after the destruction of Jerusalem), all were obliged by the evangelical law. But in second act individuals are not obliged before knowledge of the law has reached them; for until this time unbelievers are excused from observance of the law because of ignorance.7
1 Matt. 28:18 ff. Cf. Mark 16:15; Rom. 1:16.
2 Matt. 28:18 ff.
3 Jer. 31:31, 40.
4 Matt. 16:18; 28:19 f.
5 Acts 2:17; 1 John 2:18.
6 Cf. John 3:14 ff.
7 Cf. Suarez, l. 10, c. 4, n. 25.
122. On the power of dispensing in positive divine law. a. It is certain that Christ, the author of the evangelical law, could have granted to the Church the power of dispensing in His law: for any legislator can confer upon another the power of dispensing in his laws. The question is whether this power has in fact been granted to the Church, and therefore whether the supreme pontiff can relax divine law from a just cause. But theologians commonly teach that power of this kind has not been granted to the Church, nor has the Church ever used this power.
The words of the Lord to Peter: "Whatever you shall loose upon earth shall be loosed in heaven,"1 are not to be understood as altogether unlimited, but must be restricted to those things which are necessary so that the Church can perform her office, or to those things which are necessary for the good of the Church and the salvation of souls. But of this kind is not the power of dispensing in divine laws; for it is better if dispensation is not made in them. Namely, in order that the unity of the Church instituted by Christ might appear more clearly, it was altogether expedient that the principal institutes and precepts of Christ be uniform among all the faithful of all times, and therefore immutable.
b. Nevertheless the Church can declare and authentically interpret divine law, and this infallibly: for she is the infallible interpreter of the institutions and precepts of Christ. Therefore the supreme pontiff can not only declare what cause excuses from divine law, but can also determine the sense of the law and its obligation, and by interpreting can modify and limit the law itself.2
1 Matt. 16:19.
2 Cf. Ferraris, Bibliotheca (Rome: Typographia C. de Prop. Fide, 1890), s.v. Papa, a. 2, n. 30.