THE PERFECT REASONABLENESS OF THE CHRISTIAN CONSTITUTION AND CODE OF
JUDICIAL LAW.
The Christian judicial system, furthermore, can be proved to be highly
reasonable. For, as in every process there is some principle, which is
the measure of other things, there must be in law some principle or
standard which is the Eternal Law, or certain rule of Divine Wisdom,
governing all the operations and motions of creatures. From this law all
other laws take their rise; for the power of the first motor is felt by
all inferior motors. This rule and standard exists in God, as in the
Supreme Ruler, and in creatures as in things governed and set in motion
by Him, subject to His Providence, and impressed with the character of
His law, which inclines them to their proper end.
Rational creatures, being subject, in a peculiar manner, to Divine
Providence, are also, in a special way, governed by this law; and their
obedience to this Divine law renders it necessary that they should be
ruled, likewise, by a certain natural law. Now, the origin of this
natural law is the light of reason, impressed by God on man, making
clear to him certain principles, both in practical and in speculative
matters. These principles are known as first or natural laws. From these
first laws all other laws are deduced. And they are deduced in one of
two ways, _viz._, as conclusions drawn from manifest principles, (as
is generally the case in speculative science); or as axioms laid down
and approved by prudent men, as is the case with artists who formulate
general rules, to be applied in particular cases. Thus, an architect,
in erecting an individual building, will follow certain principles,
universally observed in all architecture. In matters concerning morals,
law is administered by means either of conclusions drawn from universal
natural laws: _e.g._, murder is forbidden; to poison another is to
murder him; therefore, giving poison to others is forbidden. Or else,
the law is applied by means of certain definite rules, laid down by
legislators, applying the universal natural law to particular cases. For
instance there is a general law declaring that crime must be punished;
but the particular penalty to be inflicted for a particular crime must be
determined by the judgment of prudent men, and for the common good. Such
laws must, evidently, vary according to circumstances. These are called
positive, or human, laws. We see, at once, that all men are not governed
by these differing positive laws; whereas the natural laws are invariable
and binding on all races. They are binding, not merely in so far as they
are general principles, but likewise in the case of the particular laws
deduced from these general principles. For true principles cannot give
rise to false conclusions.
But, as natural law would not suffice for the government of human life,
the assistance of the Divine law is also necessary; and this for several
reasons.
First, because, by law man is directed to the attainment of his last end;
but, as his last end is supernatural, natural law would not suffice to
guide him to it.
Secondly, our understanding is so feeble, that, the more we descend to
particulars, the greater difficulty we experience in judging aright.
The Divine law is therefore necessary, to enable us to arrive at just
conclusions in particular cases.
Thirdly, human law does not punish or forbid everything that is criminal;
it allows many lesser evils in order to ward off greater ones. Therefore,
a law was necessary, which should show man that guilt, unpunished by
human law, would be avenged by Divine law.
Fourthly, human law judges not the hidden things of the heart, but only
exterior actions. Therefore, in order to teach us that we must be perfect
both interiorly and exteriorly, the Divine law, which punishes the sins
of the heart, was necessary.
This Divine law may be called a compendium of the Divine commandments,
and it proceeds from the light of Faith. We, therefore, speak of it as
being essentially the grace of the Holy Spirit, from which spring all the
commandments of which we have spoken. And from these universal precepts
are deduced, (either by conclusion or by specially formulated axioms),
all particular laws. The particular laws, derived from the Divine law,
are called canonical laws. Those deduced from natural law are termed
civil laws. The laity are governed by civil, and the clergy by canonical
law.
There is no opposition between the Divine and the natural law. But, as
grace perfects nature, the Divine law perfects the natural law; and all
that pertains to the natural law pertains, likewise, to the Divine law.
The moral teaching of our natural reason is said to belong to the natural
law. The duties imposed on us by the light of grace are called the
precepts of the Divine law. We must not, however, imagine that everything
that is contained in the Divine law belongs to the natural law; for the
Sacraments and the truths of Faith pertain, solely, to the Divine, and
not to the natural law.
The Christian religion, then, is organised by the Divine law. It excludes
nothing which is in accordance with truth or morality; it admits nothing
contrary to them. Therefore, as Christians, we do not despise the good
and reasonable laws, of either uncivilised nations, or of heathen
philosophers. On the contrary, we select from those laws all that is true
and virtuous, and ascribe it to God, who, for the sake of His elect, has
created all truth and all goodness. On the other hand, our religion is
so averse to all fables or falsehood, that it will not authorise even
such books as have been written to glorify the Faith and the deeds of
the Saints, unless the author be reliable, and the truth of his writing
manifest. And, if, in the government of the Church, some unjust law
exist, it exists, not through the fault of the Christian religion, but,
by reason of the impiety of some tyrant, whom the Church condemns and
execrates. Thus, we see, that the Christian religion is most reasonably
administered, by means both of civil and of Divine laws.