Of the Old Law

Of the Old Law — St. Thomas Aquinas asks: Whether the Old Law was good?; Whether the Old Law was from God?; Whether the Old Law was given through the angels?; Whether the Old Law should have been given to the Jews alone?; Whether all men were bound to observe the Old Law?; Whether the Old Law was suitably given at the time of Moses?.

In due sequence we must now consider the Old Law; and (1) The Law itself; (2) Its precepts. Under the first head there are six points of inquiry:

Article 1: Whether the Old Law was good?

The Apostle says (Rom. 7:12): "Wherefore the law indeed is holy, and the commandment holy, and just, and good."

Without any doubt, the Old Law was good. For just as a doctrine is shown to be good by the fact that it accords with right reason, so is a law proved to be good if it accords with reason. Now the Old Law was in accordance with reason. Because it repressed concupiscence which is in conflict with reason, as evidenced by the commandment, "Thou shalt not covet thy neighbor's goods" (Ex. 20:17). Moreover the same law forbade all kinds of sin; and these too are contrary to reason. Consequently it is evident that it was a good law. The Apostle argues in the same way (Rom. 7): "I am delighted," says he (verse 22), "with the law of God, according to the inward man": and again (verse 16): "I consent to the law, that is good."

But it must be noted that the good has various degrees, as Dionysius states (Div. Nom. iv): for there is a perfect good, and an imperfect good. In things ordained to an end, there is perfect goodness when a thing is such that it is sufficient in itself to conduce to the end: while there is imperfect goodness when a thing is of some assistance in attaining the end, but is not sufficient for the realization thereof. Thus a medicine is perfectly good, if it gives health to a man; but it is imperfect, if it helps to cure him, without being able to bring him back to health. Again it must be observed that the end of human law is different from the end of Divine law. For the end of human law is the temporal tranquillity of the state, which end law effects by directing external actions, as regards those evils which might disturb the peaceful condition of the state. On the other hand, the end of the Divine law is to bring man to that end which is everlasting happiness; which end is hindered by any sin, not only of external, but also of internal action. Consequently that which suffices for the perfection of human law, viz. the prohibition and punishment of sin, does not suffice for the perfection of the Divine law: but it is requisite that it should make man altogether fit to partake of everlasting happiness. Now this cannot be done save by the grace of the Holy Ghost, whereby "charity" which fulfilleth the law . . . "is spread abroad in our hearts" (Rom. 5:5): since "the grace of God is life everlasting" (Rom. 6:23). But the Old Law could not confer this grace, for this was reserved to Christ; because, as it is written (Jn. 1:17), the law was given "by Moses, grace and truth came by Jesus Christ." Consequently the Old Law was good indeed, but imperfect, according to Heb. 7:19: "The law brought nothing to perfection."

Article 2: Whether the Old Law was from God?

Our Lord said (Mat. 15:6) while speaking to the Jews, to whom the Law was given: "You have made void the commandment of God for your tradition." And shortly before (verse 4) He had said: "Honor thy father and mother," which is contained expressly in the Old Law (Ex. 20:12; Dt. 5:16). Therefore the Old Law was from God.

The Old Law was given by the good God, Who is the Father of Our Lord Jesus Christ. For the Old Law ordained men to Christ in two ways. First by bearing witness to Christ; wherefore He Himself says (Lk. 24:44): "All things must needs be fulfilled, which are written in the law . . . and in the prophets, and in the psalms, concerning Me": and (Jn. 5:46): "If you did believe Moses, you would perhaps believe Me also; for he wrote of Me." Secondly, as a kind of disposition, since by withdrawing men from idolatrous worship, it enclosed [concludebat] them in the worship of one God, by Whom the human race was to be saved through Christ. Wherefore the Apostle says (Gal. 3:23): "Before the faith came, we were kept under the law shut up [conclusi], unto that faith which was to be revealed." Now it is evident that the same thing it is, which gives a disposition to the end, and which brings to the end; and when I say "the same," I mean that it does so either by itself or through its subjects. For the devil would not make a law whereby men would be led to Christ, Who was to cast him out, according to Mat. 12:26: "If Satan cast out Satan, his kingdom is divided" [Vulg.: 'he is divided against himself']. Therefore the Old Law was given by the same God, from Whom came salvation to man, through the grace of Christ.

Article 3: Whether the Old Law was given through the angels?

The Apostle said (Gal. 3:19) that the Law was "given [Vulg.: 'ordained'] by angels in the hand of a Mediator." And Stephen said (Acts 7:53): "(Who) have received the Law by the disposition of angels."

The Law was given by God through the angels. And besides the general reason given by Dionysius (Coel. Hier. iv), viz. that "the gifts of God should be brought to men by means of the angels," there is a special reason why the Old Law should have been given through them. For it has been stated () that the Old Law was imperfect, and yet disposed man to that perfect salvation of the human race, which was to come through Christ. Now it is to be observed that wherever there is an order of powers or arts, he that holds the highest place, himself exercises the principal and perfect acts; while those things which dispose to the ultimate perfection are effected by him through his subordinates: thus the ship-builder himself rivets the planks together, but prepares the material by means of the workmen who assist him under his direction. Consequently it was fitting that the perfect law of the New Testament should be given by the incarnate God immediately; but that the Old Law should be given to men by the ministers of God, i.e. by the angels. It is thus that the Apostle at the beginning of his epistle to the Hebrews (1:2) proves the excellence of the New Law over the Old; because in the New Testament "God . . . hath spoken to us by His Son," whereas in the Old Testament "the word was spoken by angels" (Heb. 2:2).

Article 4: Whether the Old Law should have been given to the Jews alone?

It is written (Rom. 3:1,2): "What advantage then hath the Jew? . . . Much every way. First indeed, because the words of God were committed to them": and (Ps. 147:9): "He hath not done in like manner to every nation: and His judgments He hath not made manifest unto them."

It might be assigned as a reason for the Law being given to the Jews rather than to other peoples, that the Jewish people alone remained faithful to the worship of one God, while the others turned away to idolatry; wherefore the latter were unworthy to receive the Law, lest a holy thing should be given to dogs.

But this reason does not seem fitting: because that people turned to idolatry, even after the Law had been made, which was more grievous, as is clear from Ex. 32 and from Amos 5:25,26: "Did you offer victims and sacrifices to Me in the desert for forty years, O house of Israel? But you carried a tabernacle for your Moloch, and the image of your idols, the star of your god, which you made to yourselves." Moreover it is stated expressly (Dt. 9:6): "Know therefore that the Lord thy God giveth thee not this excellent land in possession for thy justices, for thou art a very stiff-necked people": but the real reason is given in the preceding verse: "That the Lord might accomplish His word, which He promised by oath to thy fathers Abraham, Isaac, and Jacob."

What this promise was is shown by the Apostle, who says (Gal. 3:16) that "to Abraham were the promises made and to his seed. He saith not, 'And to his seeds,' as of many: but as of one, 'And to thy seed,' which is Christ." And so God vouchsafed both the Law and other special boons to that people, on account of the promised made to their fathers that Christ should be born of them. For it was fitting that the people, of whom Christ was to be born, should be signalized by a special sanctification, according to the words of Lev. 19:2: "Be ye holy, because I . . . am holy." Nor again was it on account of the merit of Abraham himself that this promise was made to him, viz. that Christ should be born of his seed: but of gratuitous election and vocation. Hence it is written (Is. 41:2): "Who hath raised up the just one form the east, hath called him to follow him?"

It is therefore evident that it was merely from gratuitous election that the patriarchs received the promise, and that the people sprung from them received the law; according to Dt. 4:36, 37: "Ye did [Vulg.: 'Thou didst'] hear His words out of the midst of the fire, because He loved thy fathers, and chose their seed after them." And if again it asked why He chose this people, and not another, that Christ might be born thereof; a fitting answer is given by Augustine (Tract. super Joan. xxvi): "Why He draweth one and draweth not another, seek not thou to judge, if thou wish not to err."

Article 5: Whether all men were bound to observe the Old Law?

Dionysius says (Coel. Hier. ix) that many of the Gentiles were brought back to God by the angels. But it is clear that the Gentiles did not observe the Law. Therefore some could be saved without observing the Law.

The Old Law showed forth the precepts of the natural law, and added certain precepts of its own. Accordingly, as to those precepts of the natural law contained in the Old Law, all were bound to observe the Old Law; not because they belonged to the Old Law, but because they belonged to the natural law. But as to those precepts which were added by the Old Law, they were not binding on save the Jewish people alone.

The reason of this is because the Old Law, as stated above (), was given to the Jewish people, that it might receive a prerogative of holiness, in reverence for Christ Who was to be born of that people. Now whatever laws are enacted for the special sanctification of certain ones, are binding on them alone: thus clerics who are set aside for the service of God are bound to certain obligations to which the laity are not bound; likewise religious are bound by their profession to certain works of perfection, to which people living in the world are not bound. In like manner this people was bound to certain special observances, to which other peoples were not bound. Wherefore it is written (Dt. 18:13): "Thou shalt be perfect and without spot before the Lord thy God": and for this reason they used a kind of form of profession, as appears from Dt. 26:3: "I profess this day before the Lord thy God," etc.

Article 6: Whether the Old Law was suitably given at the time of Moses?

The Apostle says (Gal. 3:19) that the Law "was set because of transgressions, until the seed should come, to whom He made the promise, being ordained by angels in the hand of a Mediator": ordained, i.e. "given in orderly fashion," as the gloss explains. Therefore it was fitting that the Old Law should be given in this order of time.

It was most fitting for the Law to be given at the time of Moses. The reason for this may be taken from two things in respect of which every law is imposed on two kinds of men. Because it is imposed on some men who are hard-hearted and proud, whom the law restrains and tames: and it is imposed on good men, who, through being instructed by the law, are helped to fulfil what they desire to do. Hence it was fitting that the Law should be given at such a time as would be appropriate for the overcoming of man's pride. For man was proud of two things, viz. of knowledge and of power. He was proud of his knowledge, as though his natural reason could suffice him for salvation: and accordingly, in order that his pride might be overcome in this matter, man was left to the guidance of his reason without the help of a written law: and man was able to learn from experience that his reason was deficient, since about the time of Abraham man had fallen headlong into idolatry and the most shameful vices. Wherefore, after those times, it was necessary for a written law to be given as a remedy for human ignorance: because "by the Law is the knowledge of sin" (Rom. 3:20). But, after man had been instructed by the Law, his pride was convinced of his weakness, through his being unable to fulfil what he knew. Hence, as the Apostle concludes (Rom. 8:3,4), "what the Law could not do in that it was weak through the flesh, God sent [Vulg.: 'sending'] His own Son . . . that the justification of the Law might be fulfilled in us."

With regard to good men, the Law was given to them as a help; which was most needed by the people, at the time when the natural law began to be obscured on account of the exuberance of sin: for it was fitting that this help should be bestowed on men in an orderly manner, so that they might be led from imperfection to perfection; wherefore it was becoming that the Old Law should be given between the law of nature and the law of grace.