Article — Prümmer, Manuale Theologiae Moralis
Article III. On Positive Divine Law
159. Necessity. Besides the natural law, positive divine law is necessary, freely and most benignly established, and indeed on account of two reasons:
1. Because some principles of the natural law, especially secondary ones, are easily obscured by depraved passions, customs, and examples, and therefore are not observed. For the history of the pagans shows that very many things which certainly are repugnant to the natural law (as the private killing of an enemy, polygamy, etc.) were held to be licit.
2. Because the human race has been destined not only to natural happiness, but also to supernatural beatitude.46 But it is impossible to arrive at supernatural beatitude by way of merit unless by observing supernatural norms or laws, which have been given by God. - For these reasons God, both in the Old and in the New Testament, not only expressly inculcated the natural law, but also augmented it with new positive precepts. Thus in the Old Testament he determined the natural law in the Decalogue.47 Moreover he laid down very many precepts concerning worship, which are called ceremonial precepts; concerning the social life of the Jews (especially concerning judgments, concerning impediments of marriages, concerning the family, etc.), which are called judicial precepts. - In the New Testament God did not write his positive laws on stone tablets, but in the hearts of the faithful;48 wherefore it is accustomed to be called an implanted and unwritten law. For that which is foremost in the law of the New Testament, and in which its whole force consists, is the grace of the Holy Spirit, which is given through the faith of Christ. Yet the New Law has a) certain things as dispositive to the grace of the Holy Spirit, for example, precepts concerning faith in the humanity and divinity of Christ; b) certain things pertaining to the use of this grace, for example, precepts concerning virtues to be exercised. These two are, as it were, secondary in the New Law; concerning these it was fitting that the faithful be instructed both by words and by writings. Hence the New Law principally is an implanted law, secondarily a written law.49a
46 S. theol. I-II, q. 91, a. 4.
47 Ex. c. 19-20.
48 Cf. 2 Cor. 3:3.
49a St. Thomas, S. theol. I-II, q. 106, a. 1.
160. Excellence of the New Law. The New Law very greatly excels the Old Law:
a) Because it is more spiritual.
In the Old Law the sanction, that is, the coercion, was rather temporal and material. For to those who observed the Law there were promised riches, long life, numerous offspring, etc.; but those who transgressed the Law were deterred by threats of death, poverty, disgrace, etc. In the New Law, however, spiritual and eternal rewards are promised, and imminent Gehenna is announced to transgressors. "Do not fear those who kill the body, but cannot kill the soul; but rather fear him who can destroy both soul and body in Gehenna."49 - Hence also those are proclaimed blessed who are poor in spirit, who mourn, who suffer persecution for justice.
b) Because it more greatly promotes internal worship.
"The hour is coming, and now is, when the true adorers will adore the Father in spirit and truth."50 With external worship by no means neglected, the New Law exhorts all that they offer to God good works done for the sake of God and not for the sake of vain glory: "Take heed that you do not do your justice before men, that you may be seen by them; otherwise you shall not have a reward with your Father, who is in heaven."51
c) Because it is the law of charity, which is the bond of perfection.
The Old Law was, and was called, the Law of fear, restraining the hand more than the mind. God was called the God of hosts, almighty God, the Lord God, etc. But in the New Testament God is called by the sweet name of father: "For you have not received the spirit of servitude again in fear, but you have received the spirit of adoption of sons, in which we cry Abba, Father."52 Wherefore also the whole New Law is contracted into two precepts: Love God as father and your neighbor as yourself. "You shall love the Lord your God from your whole heart, and in your whole soul, and in your whole mind. This is the greatest and first commandment. And the second is like to this: You shall love your neighbor as yourself. On these two commandments depends the whole law and the prophets."53 Christ indeed called the commandment of fraternal charity new, saying: "A new commandment I give to you, that you love one another, as I have loved you."54 But as to substance this commandment was already contained in the natural law; but in the New Law it is new as to its perfect mode, which often was lacking in the Old Law.
49 Matt. 10:28.
50 John 4:23.
51 Matt. 6:1.
52 Rom. 8:15.
53 Matt. 22:37-40.
54 John 13:34.
161. Precepts of the New Law. The precepts which are contained in the New Law can be reduced to three classes:
a) To the sanctification of one's own life. Wherefore we are incited to all virtues, indeed even to the perfect following of the example of Christ himself: "Christ suffered for us, leaving you an example, that you may follow his footsteps."55 And Christ himself admonishes: "If anyone wishes to come after me, let him deny himself and take up his cross and follow me."56 And: "Learn of me, because I am meek and humble of heart."57
b) To the duties of domestic and social life. Thus children are commanded to honor parents and to obey them, because they hold the place of God.58 - Servants and domestics must show honor and obedience to masters, as to Christ;59 - masters, however, must treat their servants as brothers in Christ.60
c) To worship, and especially to the sacraments and sacrifice to be carried out. To this belong, above all, those things which Christ commanded concerning the Eucharist: "Amen, Amen I say to you, unless you eat the flesh of the Son of man and drink his blood, you shall not have life in you";61 and: "Do this in commemoration of me."62 - As to the sacrament of baptism the Savior commanded: "Going, teach all nations, baptizing them in the name of the Father and of the Son and of the Holy Spirit."63 "Unless one has been reborn of water and the Holy Spirit, he cannot enter into the kingdom of God."64
55 1 Pet. 2:21.
56 Matt. 16:24.
57 Matt. 11:29.
58 Eph. 6:1.
59 Eph. 6:5-6.
61 John 6:54.
62 Luke 22:19; 1 Cor. 11:24.
63 Matt. 28:19.
64 John 3:5.
162. Evangelical counsels. To the precepts which must be observed in order to merit eternal life, especially in the New Law,65 there have been added certain counsels, so called evangelical counsels, concerning supererogatory works,66 by which eternal life and Christian perfection can be obtained more expeditiously and more perfectly. There are enumerated especially three evangelical counsels: the exercise of voluntary poverty, obedience, and perfect chastity. In diverse places Christ commends these counsels. Voluntary poverty is commended by these words: "If you wish to enter into life, keep the commandments; ... if you wish to be perfect, go, sell the things which you have and give to the poor, and you shall have treasure in heaven, and come, follow me."67 - Chastity or perfect continence is commended by these words: "There are eunuchs who have castrated themselves for the kingdom of heaven."68 "But concerning virgins I have no commandment of the Lord, but I give counsel."69 - As an exhortation to perfect obedience theologians are accustomed to consider the following words of Christ: "If anyone wishes to come after me, let him deny himself and take up his cross and follow me; for he who wishes to save his soul shall lose it; but he who shall lose his soul for my sake, shall find it."70
Although Christian perfection does not consist in the observation of these counsels, but in perfect charity, nevertheless these counsels are the best means for obtaining Christian perfection. For they effectively remove obstacles in the way of salvation; which obstacles indeed are the threefold inordinate concupiscence, namely, of the flesh, of the eyes, and of pride.71
65 Even in the Old Law there existed certain particular counsels, for example, the offering of a peace victim (Lev. 3:1 sqq.), the vow of Nazirite (Num. 6:2 sqq.). Cf. St. Thomas, S. theol. I-II, q. 108, a. 4.
66 Werke der Übergebühr.
67 Matt. 19:17 and 21.
68 Matt. 19:12.
69 1 Cor. 7:25.
70 Matt. 16:24-25. Cf. S. theol. I-II, q. 108, a. 4 ad 3.
71 Cf. St. Thomas, S. theol. II-II, q. 186, a. 7, and Contra Gent. l. 3, c. 130.
163. Subject of positive divine law. The ceremonial and judicial precepts of the Old Law did not oblige except the Jews and their proselytes of justice, or strangers.72 But the moral precepts, as also pertaining to the natural law, obliged and still oblige all. - When at the death of Christ the veil of the temple was rent, the Old Law ceased as to ceremonial and judicial precepts.73 These precepts indeed after the death of Christ are called dead; yet these same precepts did not immediately then become death-bringing, or gravely illicit. Thus, for example, St. Peter still permitted the Jewish rites,74 and St. Paul caused Timothy to be circumcised;75 which certainly he would not have done if he had thought circumcision to be gravely illicit. Theologians do not agree when the ceremonial and judicial precepts of the Old Law became death-bringing or gravely illicit. It is probable that this occurred when the gospel of Christ had been sufficiently promulgated among the Jewish people, that is, after the destruction of the city of Jerusalem.76
The divine law of the New Testament obliges, even to the end of the world,76a all men, whether baptized or not baptized. For Christ says: "All power has been given to me in heaven and on earth; going therefore, teach all nations, baptizing them in the name of the Father and of the Son and of the Holy Spirit, teaching them to observe all things whatsoever I have commanded you."77 Therefore, just as Christ is the redeemer of all men, so also he is their universal legislator.78 Wherefore the laws concerning the prohibition of polygamy, of the bill of divorce, etc., oblige all men, even pagans. - Yet pagans would sin not formally, but only materially, by transgressing the precepts of the evangelical Law before they have sufficient knowledge of them. - Just as theologians do not agree when the Old Law became dead and death-bringing, so neither do they agree when the New Law began strictly to oblige. Some think this obligation began at the death of Christ, or at least on the day of Pentecost; but others are of the opinion that it began to oblige after its sufficient promulgation among the peoples, namely, when the apostles, dispersed into every land, were about to preach the gospel, that is, around the year 40 after Christ. Nothing certain can be said about this matter.79
72 Cf. Gen. 9:4. - Concerning the diverse obligations of proselytes, see Wetzer and Welte, Kirchenlexikon^2, s. v. "Proselyten."
73 Thus teaches the common opinion with St. Thomas, S. theol. I-II, q. 103, a. 3 ad 2.
74 Gal. 2:4.
75 Acts 16:3.
76 Cf. S. theol. I-II, q. 103, a. 4 ad 1.
76a Ibid., q. 106, a. 4.
77 Matt. 28:18-20.
78 "If anyone says that nothing is commanded in the Gospel besides faith, that other things are indifferent, neither prohibited, but free ... let him be anathema" (Council of Trent, sess. 6, can. 19, on justification; Denz. n. 829).
79 Suarez discusses this matter at length and breadth, De leg. l. 10, c. 4.
164. Dispensation in positive divine law. Without any doubt Christ could have granted to some created authority the power of dispensing even in positive divine law. For he who has made a positive law can also dispense in this law, either by himself or through his delegate. But the question is whether Christ in fact gave this faculty of dispensing to the Supreme Pontiff. Since the infallible magisterium has been conferred upon the Supreme Pontiff, he certainly can authentically declare and interpret the divine law, just as he also interprets the articles of divine faith. But can the Supreme Pontiff also dispense in positive divine law, or relax it in a particular case?80 Older theologians very commonly taught that the Pope cannot properly dispense in positive divine law. Thus, for example, St. Thomas81 says: "As to those things, however, which are of divine right or of natural right, he [the Pope] cannot dispense." Yet these words must be understood with a grain of salt. For it is certain that the Pope can dispense in a ratified marriage;82 it is equally certain that a ratified marriage of Christians, as being a true sacrament, is indissoluble by divine right. Certain authors prefer to call this dissolution of a ratified marriage a certain annulment of the act, or relaxation, or remission of a debt, or license, etc.83 Further, there is no leisure to dispute about names.
Modern theologians commonly answer the proposed question thus: 1. The Pope cannot dispense in absolute divine law, for example, concerning the essence of the sacraments or their number. 2. The Pope can dispense in divine law founded upon some free human act. Thus, for example, the indissolubility of marriage arises from the human act of free consent. But now this consent is not wholly irrevocable unless marital intercourse has supervened in a Christian marriage. Therefore the Supreme Pontiff can dissolve a ratified marriage, but not a consummated marriage of Christians.84
80 Suarez treats this truly difficult question very well, l. c. c. 6.
81 Quodl. 4, a. 13.
82 Cf. above n. 155 and below III, 668.
83 Cf. Bouquillon, Theol. mor. fund. n. 101; St. Thomas, S. theol. II-II, q. 88, a. 10 ad 2.
84 Cf. St. Alphonsus, Theol. mor. VI, 1119.