Summa Theologica, Part I-II (Pars Prima Secundae) eBook

This eBook from the Gutenberg Project consists of approximately 1,748 pages of information about Summa Theologica, Part I-II (Pars Prima Secundae).

Summa Theologica, Part I-II (Pars Prima Secundae) eBook

This eBook from the Gutenberg Project consists of approximately 1,748 pages of information about Summa Theologica, Part I-II (Pars Prima Secundae).
to his authority.  In another way, by being under a yet higher law; thus the subject of a proconsul should be ruled by his command, but not in those matters in which the subject receives his orders from the emperor:  for in these matters, he is not bound by the mandate of the lower authority, since he is directed by that of a higher.  In this way, one who is simply subject to a law, may not be subject thereto in certain matters, in respect of which he is ruled by a higher law.

Secondly, a man is said to be subject to a law as the coerced is subject to the coercer.  In this way the virtuous and righteous are not subject to the law, but only the wicked.  Because coercion and violence are contrary to the will:  but the will of the good is in harmony with the law, whereas the will of the wicked is discordant from it.  Wherefore in this sense the good are not subject to the law, but only the wicked.

Reply Obj. 1:  This argument is true of subjection by way of coercion:  for, in this way, “the law is not made for the just men”:  because “they are a law to themselves,” since they “show the work of the law written in their hearts,” as the Apostle says (Rom. 2:14, 15).  Consequently the law does not enforce itself upon them as it does on the wicked.

Reply Obj. 2:  The law of the Holy Ghost is above all law framed by man:  and therefore spiritual men, in so far as they are led by the law of the Holy Ghost, are not subject to the law in those matters that are inconsistent with the guidance of the Holy Ghost.  Nevertheless the very fact that spiritual men are subject to law, is due to the leading of the Holy Ghost, according to 1 Pet. 2:13:  “Be ye subject . . . to every human creature for God’s sake.”

Reply Obj. 3:  The sovereign is said to be “exempt from the law,” as to its coercive power; since, properly speaking, no man is coerced by himself, and law has no coercive power save from the authority of the sovereign.  Thus then is the sovereign said to be exempt from the law, because none is competent to pass sentence on him, if he acts against the law.  Wherefore on Ps. 50:6:  “To Thee only have I sinned,” a gloss says that “there is no man who can judge the deeds of a king.”  But as to the directive force of law, the sovereign is subject to the law by his own will, according to the statement (Extra, De Constit. cap.  Cum omnes) that “whatever law a man makes for another, he should keep himself.  And a wise authority [Dionysius Cato, Dist. de Moribus] says:  ‘Obey the law that thou makest thyself.’” Moreover the Lord reproaches those who “say and do not”; and who “bind heavy burdens and lay them on men’s shoulders, but with a finger of their own they will not move them” (Matt. 23:3, 4).  Hence, in the judgment of God, the sovereign is not exempt from the law, as to its directive force; but he should fulfil it to his own free-will and not of constraint.  Again the sovereign is above the law, in so far as, when it is expedient, he can change the law, and dispense in it according to time and place. ________________________

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