CHAPTER XIII.

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.

The triumph of the cross · 第 13 / 18 章