Chapter XXXV: Part 35

Obj. 7: Further, it sometimes happens that a man raises the price of his goods under guise of loan, or buys another's goods at a low figure; or raises his price through delay in being paid, and lowers his price that he may be paid the sooner. Now in all these cases there seems to be payment for a loan of money: nor does it appear to be manifestly illicit. Therefore it seems to be lawful to expect or exact some consideration for money lent.

_On the contrary,_ Among other conditions requisite in a just man it is stated (Ezech. 18:17) that he "hath not taken usury and increase."

_I answer that,_ According to the Philosopher (Ethic. iv, 1), a thing is reckoned as money "if its value can be measured by money." Consequently, just as it is a sin against justice, to take money, by tacit or express agreement, in return for lending money or anything else that is consumed by being used, so also is it a like sin, by tacit or express agreement to receive anything whose price can be measured by money. Yet there would be no sin in receiving something of the kind, not as exacting it, nor yet as though it were due on account of some agreement tacit or expressed, but as a gratuity: since, even before lending the money, one could accept a gratuity, nor is one in a worse condition through lending.

On the other hand it is lawful to exact compensation for a loan, in respect of such things as are not appreciated by a measure of money, for instance, benevolence, and love for the lender, and so forth.

Reply Obj. 1: A lender may without sin enter an agreement with the borrower for compensation for the loss he incurs of something he ought to have, for this is not to sell the use of money but to avoid a loss. It may also happen that the borrower avoids a greater loss than the lender incurs, wherefore the borrower may repay the lender with what he has gained. But the lender cannot enter an agreement for compensation, through the fact that he makes no profit out of his money: because he must not sell that which he has not yet and may be prevented in many ways from having.

Reply Obj. 2: Repayment for a favor may be made in two ways. In one way, as a debt of justice; and to such a debt a man may be bound by a fixed contract; and its amount is measured according to the favor received. Wherefore the borrower of money or any such thing the use of which is its consumption is not bound to repay more than he received in loan: and consequently it is against justice if he be obliged to pay back more. In another way a man's obligation to repayment for favor received is based on a debt of friendship, and the nature of this debt depends more on the feeling with which the favor was conferred than on the greatness of the favor itself. This debt does not carry with it a civil obligation, involving a kind of necessity that would exclude the spontaneous nature of such a repayment.

Reply Obj. 3: If a man were, in return for money lent, as though there had been an agreement tacit or expressed, to expect or exact repayment in the shape of some remuneration of service or words, it would be the same as if he expected or exacted some real remuneration, because both can be priced at a money value, as may be seen in the case of those who offer for hire the labor which they exercise by work or by tongue. If on the other hand the remuneration by service or words be given not as an obligation, but as a favor, which is not to be appreciated at a money value, it is lawful to take, exact, and expect it.

Reply Obj. 4: Money cannot be sold for a greater sum than the amount lent, which has to be paid back: nor should the loan be made with a demand or expectation of aught else but of a feeling of benevolence which cannot be priced at a pecuniary value, and which can be the basis of a spontaneous loan. Now the obligation to lend in return at some future time is repugnant to such a feeling, because again an obligation of this kind has its pecuniary value. Consequently it is lawful for the lender to borrow something else at the same time, but it is unlawful for him to bind the borrower to grant him a loan at some future time.

Reply Obj. 5: He who lends money transfers the ownership of the money to the borrower. Hence the borrower holds the money at his own risk and is bound to pay it all back: wherefore the lender must not exact more. On the other hand he that entrusts his money to a merchant or craftsman so as to form a kind of society, does not transfer the ownership of his money to them, for it remains his, so that at his risk the merchant speculates with it, or the craftsman uses it for his craft, and consequently he may lawfully demand as something belonging to him, part of the profits derived from his money.

Reply Obj. 6: If a man in return for money lent to him pledges something that can be valued at a price, the lender must allow for the use of that thing towards the repayment of the loan. Else if he wishes the gratuitous use of that thing in addition to repayment, it is the same as if he took money for lending, and that is usury, unless perhaps it were such a thing as friends are wont to lend to one another gratis, as in the case of the loan of a book.

Reply Obj. 7: If a man wish to sell his goods at a higher price than that which is just, so that he may wait for the buyer to pay, it is manifestly a case of usury: because this waiting for the payment of the price has the character of a loan, so that whatever he demands beyond the just price in consideration of this delay, is like a price for a loan, which pertains to usury. In like manner if a buyer wishes to buy goods at a lower price than what is just, for the reason that he pays for the goods before they can be delivered, it is a sin of usury; because again this anticipated payment of money has the character of a loan, the price of which is the rebate on the just price of the goods sold. On the other hand if a man wishes to allow a rebate on the just price in order that he may have his money sooner, he is not guilty of the sin of usury. _______________________

THIRD ARTICLE [II-II, Q. 78, Art. 3]

Whether a Man Is Bound to Restore Whatever Profits He Has Made Out of Money Gotten by Usury?

Objection 1: It would seem that a man is bound to restore whatever profits he has made out of money gotten by usury. For the Apostle says (Rom. 11:16): "If the root be holy, so are the branches." Therefore likewise if the root be rotten so are the branches. But the root was infected with usury. Therefore whatever profit is made therefrom is infected with usury. Therefore he is bound to restore it.

Obj. 2: Further, it is laid down (Extra, De Usuris, in the Decretal: 'Cum tu sicut asseris'): "Property accruing from usury must be sold, and the price repaid to the persons from whom the usury was extorted." Therefore, likewise, whatever else is acquired from usurious money must be restored.

Obj. 3: Further, that which a man buys with the proceeds of usury is due to him by reason of the money he paid for it. Therefore he has no more right to the thing purchased than to the money he paid. But he was bound to restore the money gained through usury. Therefore he is also bound to restore what he acquired with it.

_On the contrary,_ A man may lawfully hold what he has lawfully acquired. Now that which is acquired by the proceeds of usury is sometimes lawfully acquired. Therefore it may be lawfully retained.

_I answer that,_ As stated above (A. 1), there are certain things whose use is their consumption, and which do not admit of usufruct, according to law (ibid., ad 3). Wherefore if such like things be extorted by means of usury, for instance money, wheat, wine and so forth, the lender is not bound to restore more than he received (since what is acquired by such things is the fruit not of the thing but of human industry), unless indeed the other party by losing some of his own goods be injured through the lender retaining them: for then he is bound to make good the loss.

On the other hand, there are certain things whose use is not their consumption: such things admit of usufruct, for instance house or land property and so forth. Wherefore if a man has by usury extorted from another his house or land, he is bound to restore not only the house or land but also the fruits accruing to him therefrom, since they are the fruits of things owned by another man and consequently are due to him.

Reply Obj. 1: The root has not only the character of matter, as money made by usury has; but has also somewhat the character of an active cause, in so far as it administers nourishment. Hence the comparison fails.

Reply Obj. 2: Further, Property acquired from usury does not belong to the person who paid usury, but to the person who bought it. Yet he that paid usury has a certain claim on that property just as he has on the other goods of the usurer. Hence it is not prescribed that such property should be assigned to the persons who paid usury, since the property is perhaps worth more than what they paid in usury, but it is commanded that the property be sold, and the price be restored, of course according to the amount taken in usury.

Reply Obj. 3: The proceeds of money taken in usury are due to the person who acquired them not by reason of the usurious money as instrumental cause, but on account of his own industry as principal cause. Wherefore he has more right to the goods acquired with usurious money than to the usurious money itself. _______________________

FOURTH ARTICLE [II-II, Q. 78, Art. 4]

Whether It Is Lawful to Borrow Money Under a Condition of Usury?

Objection 1: It would seem that it is not lawful to borrow money under a condition of usury. For the Apostle says (Rom. 1:32) that they "are worthy of death . . . not only they that do" these sins, "but they also that consent to them that do them." Now he that borrows money under a condition of usury consents in the sin of the usurer, and gives him an occasion of sin. Therefore he sins also.

Obj. 2: Further, for no temporal advantage ought one to give another an occasion of committing a sin: for this pertains to active scandal, which is always sinful, as stated above (Q. 43, A. 2). Now he that seeks to borrow from a usurer gives him an occasion of sin. Therefore he is not to be excused on account of any temporal advantage.

Obj. 3: Further, it seems no less necessary sometimes to deposit one's money with a usurer than to borrow from him. Now it seems altogether unlawful to deposit one's money with a usurer, even as it would be unlawful to deposit one's sword with a madman, a maiden with a libertine, or food with a glutton. Neither therefore is it lawful to borrow from a usurer.

_On the contrary,_ He that suffers injury does not sin, according to the Philosopher (Ethic. v, 11), wherefore justice is not a mean between two vices, as stated in the same book (ch. 5). Now a usurer sins by doing an injury to the person who borrows from him under a condition of usury. Therefore he that accepts a loan under a condition of usury does not sin.

_I answer that,_ It is by no means lawful to induce a man to sin, yet it is lawful to make use of another's sin for a good end, since even God uses all sin for some good, since He draws some good from every evil as stated in the Enchiridion (xi). Hence when Publicola asked whether it were lawful to make use of an oath taken by a man swearing by false gods (which is a manifest sin, for he gives Divine honor to them) Augustine (Ep. xlvii) answered that he who uses, not for a bad but for a good purpose, the oath of a man that swears by false gods, is a party, not to his sin of swearing by demons, but to his good compact whereby he kept his word. If however he were to induce him to swear by false gods, he would sin.

Accordingly we must also answer to the question in point that it is by no means lawful to induce a man to lend under a condition of usury: yet it is lawful to borrow for usury from a man who is ready to do so and is a usurer by profession; provided the borrower have a good end in view, such as the relief of his own or another's need. Thus too it is lawful for a man who has fallen among thieves to point out his property to them (which they sin in taking) in order to save his life, after the example of the ten men who said to Ismahel (Jer. 41:8): "Kill us not: for we have stores in the field."

Reply Obj. 1: He who borrows for usury does not consent to the usurer's sin but makes use of it. Nor is it the usurer's acceptance of usury that pleases him, but his lending, which is good.

Reply Obj. 2: He who borrows for usury gives the usurer an occasion, not for taking usury, but for lending; it is the usurer who finds an occasion of sin in the malice of his heart. Hence there is passive scandal on his part, while there is no active scandal on the part of the person who seeks to borrow. Nor is this passive scandal a reason why the other person should desist from borrowing if he is in need, since this passive scandal arises not from weakness or ignorance but from malice.

Reply Obj. 3: If one were to entrust one's money to a usurer lacking other means of practising usury; or with the intention of making a greater profit from his money by reason of the usury, one would be giving a sinner matter for sin, so that one would be a participator in his guilt. If, on the other hand, the usurer to whom one entrusts one's money has other means of practising usury, there is no sin in entrusting it to him that it may be in safer keeping, since this is to use a sinner for a good purpose. _______________________

QUESTION 79

OF THE QUASI-INTEGRAL PARTS OF JUSTICE (In Four Articles)

We must now consider the quasi-integral parts of justice, which are _to do good,_ and _to decline from evil,_ and the opposite vices. Under this head there are four points of inquiry:

(1) Whether these two are parts of justice?

(2) Whether transgression is a special sin?

(3) Whether omission is a special sin?

(4) Of the comparison between omission and transgression. _______________________

FIRST ARTICLE [II-II, Q. 79, Art. 1]

Whether to Decline from Evil and to Do Good Are Parts of Justice?

Objection 1: It would seem that to decline from evil and to do good are not parts of justice. For it belongs to every virtue to perform a good deed and to avoid an evil one. But parts do not exceed the whole. Therefore to decline from evil and to do good should not be reckoned parts of justice, which is a special kind of virtue.

Obj. 2: Further, a gloss on Ps. 33:15, "Turn away from evil and do good," says: "The former," i.e. to turn away from evil, "avoids sin, the latter," i.e. to do good, "deserves the life and the palm." But any part of a virtue deserves the life and the palm. Therefore to decline from evil is not a part of justice.

Obj. 3: Further, things that are so related that one implies the other, are not mutually distinct as parts of a whole. Now declining from evil is implied in doing good: since no one does evil and good at the same time. Therefore declining from evil and doing good are not parts of justice.

_On the contrary,_ Augustine (De Correp. et Grat. i) declares that "declining from evil and doing good" belong to the justice of the law.

_I answer that,_ If we speak of good and evil in general, it belongs to every virtue to do good and to avoid evil: and in this sense they cannot be reckoned parts of justice, except justice be taken in the sense of "all virtue" [*Cf. Q. 58, A. 5]. And yet even if justice be taken in this sense it regards a certain special aspect of good; namely, the good as due in respect of Divine or human law.

On the other hand justice considered as a special virtue regards good as due to one's neighbor. And in this sense it belongs to special justice to do good considered as due to one's neighbor, and to avoid the opposite evil, that, namely, which is hurtful to one's neighbor; while it belongs to general justice to do good in relation to the community or in relation to God, and to avoid the opposite evil.

Now these two are said to be quasi-integral parts of general or of special justice, because each is required for the perfect act of justice. For it belongs to justice to establish equality in our relations with others, as shown above (Q. 58, A. 2): and it pertains to the same cause to establish and to preserve that which it has established. Now a person establishes the equality of justice by doing good, i.e. by rendering to another his due: and he preserves the already established equality of justice by declining from evil, that is by inflicting no injury on his neighbor.

Reply Obj. 1: Good and evil are here considered under a special aspect, by which they are appropriated to justice. The reason why these two are reckoned parts of justice under a special aspect of good and evil, while they are not reckoned parts of any other moral virtue, is that the other moral virtues are concerned with the passions wherein to do good is to observe the mean, which is the same as to avoid the extremes as evils: so that doing good and avoiding evil come to the same, with regard to the other virtues. On the other hand justice is concerned with operations and external things, wherein to establish equality is one thing, and not to disturb the equality established is another.

Reply Obj. 2: To decline from evil, considered as a part of justice, does not denote a pure negation, viz. "not to do evil"; for this does not deserve the palm, but only avoids the punishment. But it implies a movement of the will in repudiating evil, as the very term "decline" shows. This is meritorious; especially when a person resists against an instigation to do evil.

Reply Obj. 3: Doing good is the completive act of justice, and the principal part, so to speak, thereof. Declining from evil is a more imperfect act, and a secondary part of that virtue. Hence it is a material part, so to speak, thereof, and a necessary condition of the formal and completive part. _______________________

SECOND ARTICLE [II-II, Q. 79, Art. 2]

Whether Transgression Is a Special Sin?

Objection 1: It would seem that transgression is not a special sin. For no species is included in the definition of its genus. Now transgression is included in the definition of sin; because Ambrose says (De Parad. viii) that sin is "a transgression of the Divine law." Therefore transgression is not a species of sin.

Obj. 2: Further, no species is more comprehensive than its genus. But transgression is more comprehensive than sin, because sin is a "word, deed or desire against the law of God," according to Augustine (Contra Faust. xxii, 27), while transgression is also against nature, or custom. Therefore transgression is not a species of sin.

Obj. 3: Further, no species contains all the parts into which its genus is divided. Now the sin of transgression extends to all the capital vices, as well as to sins of thought, word and deed. Therefore transgression is not a special sin.

_On the contrary,_ It is opposed to a special virtue, namely justice.

_I answer that,_ The term transgression is derived from bodily movement and applied to moral actions. Now a person is said to transgress in bodily movement, when he steps (_graditur_) beyond (_trans_) a fixed boundary--and it is a negative precept that fixes the boundary that man must not exceed in his moral actions. Wherefore to transgress, properly speaking, is to act against a negative precept.

Now materially considered this may be common to all the species of sin, because man transgresses a Divine precept by any species of mortal sin. But if we consider it formally, namely under its special aspect of an act against a negative precept, it is a special sin in two ways. First, in so far as it is opposed to those kinds of sin that are opposed to the other virtues: for just as it belongs properly to legal justice to consider a precept as binding, so it belongs properly to a transgression to consider a precept as an object of contempt. Secondly, in so far as it is distinct from omission which is opposed to an affirmative precept.

Reply Obj. 1: Even as legal justice is "all virtue" (Q. 58, A. 5) as regards its subject and matter, so legal injustice is materially "all sin." It is in this way that Ambrose defined sin, considering it from the point of view of legal injustice.

Reply Obj. 2: The natural inclination concerns the precepts of the natural law. Again, a laudable custom has the force of a precept; since as Augustine says in an epistle _on the Fast of the Sabbath_ (Ep. xxxvi), "a custom of God's people should be looked upon as law." Hence both sin and transgression may be against a laudable custom and against a natural inclination.

Reply Obj. 3: All these species of sin may include transgression, if we consider them not under their proper aspects, but under a special aspect, as stated above. The sin of omission, however, is altogether distinct from the sin of transgression. _______________________

THIRD ARTICLE [II-II, Q. 79, Art. 3]

Whether Omission Is a Special Sin?

Objection 1: It would seem that omission is not a special sin. For every sin is either original or actual. Now omission is not original sin, for it is not contracted through origin; nor is it actual sin, for it may be altogether without act, as stated above (I-II, Q. 71, A. 5) when we were treating of sins in general. Therefore omission is not a special sin.

Obj. 2: Further, every sin is voluntary. Now omission sometimes is not voluntary but necessary, as when a woman is violated after taking a vow of virginity, or when one lose that which one is under an obligation to restore, or when a priest is bound to say Mass, and is prevented from doing so. Therefore omission is not always a sin.

Obj. 3: Further, it is possible to fix the time when any special sin begins. But this is not possible in the case of omission, since one is not altered by not doing a thing, no matter when the omission occurs, and yet the omission is not always sinful. Therefore omission is not a special sin.

Obj. 4: Further, every special sin is opposed to a special virtue. But it is not possible to assign any special virtue to which omission is opposed, both because the good of any virtue can be omitted, and because justice to which it would seem more particularly opposed, always requires an act, even in declining from evil, as stated above (A. 1, ad 2), while omission may be altogether without act. Therefore omission is not a special sin.

_On the contrary,_ It is written (James 4:17): "To him . . . who knoweth to do good and doth it not, to him it is sin."

_I answer that,_ omission signifies the non-fulfilment of a good, not indeed of any good, but of a good that is due. Now good under the aspect of due belongs properly to justice; to legal justice, if the thing due depends on Divine or human law; to special justice, if the due is something in relation to one's neighbor. Wherefore, in the same way as justice is a special virtue, as stated above (Q. 58, AA. 6, 7), omission is a special sin distinct from the sins which are opposed to the other virtues; and just as doing good, which is the opposite of omitting it, is a special part of justice, distinct from avoiding evil, to which transgression is opposed, so too is omission distinct from transgression.

Reply Obj. 2: Omission is not original but actual sin, not as though it had some act essential to it, but for as much as the negation of an act is reduced to the genus of act, and in this sense non-action is a kind of action, as stated above (I-II, Q. 71, A. 6, ad 1).

Reply Obj. 2: Omission, as stated above, is only of such good as is due and to which one is bound. Now no man is bound to the impossible: wherefore no man sins by omission, if he does not do what he cannot. Accordingly she who is violated after vowing virginity, is guilty of an omission, not through not having virginity, but through not repenting of her past sin, or through not doing what she can to fulfil her vow by observing continence. Again a priest is not bound to say Mass, except he have a suitable opportunity, and if this be lacking, there is no omission. And in like manner, a person is bound to restitution, supposing he has the wherewithal; if he has not and cannot have it, he is not guilty of an omission, provided he does what he can. The same applies to other similar cases.

Reply Obj. 3: Just as the sin of transgression is opposed to negative precepts which regard the avoidance of evil, so the sin of omission is opposed to affirmative precepts, which regard the doing of good. Now affirmative precepts bind not for always, but for a fixed time, and at that time the sin of omission begins. But it may happen that then one is unable to do what one ought, and if this inability is without any fault on his part, he does not omit his duty, as stated above (ad 2; I-II, Q. 71, A. 5). On the other hand if this inability is due to some previous fault of his (for instance, if a man gets drunk at night, and cannot get up for matins, as he ought to), some say that the sin of omission begins when he engages in an action that is illicit and incompatible with the act to which he is bound. But this does not seem to be true, for supposing one were to rouse him by violence and that he went to matins, he would not omit to go, so that, evidently, the previous drunkenness was not an omission, but the cause of an omission. Consequently, we must say that the omission begins to be imputed to him as a sin, when the time comes for the action; and yet this is on account of a preceding cause by reason of which the subsequent omission becomes voluntary.

Reply Obj. 4: Omission is directly opposed to justice, as stated above; because it is a non-fulfilment of a good of virtue, but only under the aspect of due, which pertains to justice. Now more is required for an act to be virtuous and meritorious than for it to be sinful and demeritorious, because "good results from an entire cause, whereas evil arises from each single defect" [*Dionysius, De Div. Nom. iv]. Wherefore the merit of justice requires an act, whereas an omission does not. _______________________

FOURTH ARTICLE [II-II, Q. 79, Art. 4]

Whether a Sin of Omission Is More Grievous Than a Sin of Transgression?

Objection 1: It would seem that a sin of omission is more grievous than a sin of transgression. For _delictum_ would seem to signify the same as _derelictum_ [*Augustine, QQ. in Levit., qu. xx], and therefore is seemingly the same as an omission. But _delictum_ denotes a more grievous offence than transgression, because it deserves more expiation as appears from Lev. 5. Therefore the sin of omission is more grievous than the sin of transgression.

Obj. 2: Further, the greater evil is opposed to the greater good, as the Philosopher declares (Ethic. viii, 10). Now to do good is a more excellent part of justice, than to decline from evil, to which transgression is opposed, as stated above (A. 1, ad 3). Therefore omission is a graver sin than transgression.

Obj. 3: Further, sins of transgression may be either venial or mortal. But sins of omission seem to be always mortal, since they are opposed to an affirmative precept. Therefore omission would seem to be a graver sin than transgression.

Obj. 4: Further, the pain of loss which consists in being deprived of seeing God and is inflicted for the sin of omission, is a greater punishment than the pain of sense, which is inflicted for the sin of transgression, as Chrysostom states (Hom. xxiii super Matth.). Now punishment is proportionate to fault. Therefore the sin of omission is graver than the sin of transgression.

_On the contrary,_ It is easier to refrain from evil deeds than to accomplish good deeds. Therefore it is a graver sin not to refrain from an evil deed, i.e. _to transgress,_ than not to accomplish a good deed, which is _to omit._

_I answer that,_ The gravity of a sin depends on its remoteness from virtue. Now contrariety is the greatest remoteness, according to _Metaph._ x [*Didot. ed. ix, 4]. Wherefore a thing is further removed from its contrary than from its simple negation; thus black is further removed from white than not-white is, since every black is not-white, but not conversely. Now it is evident that transgression is contrary to an act of virtue, while omission denotes the negation thereof: for instance it is a sin of omission, if one fail to give one's parents due reverence, while it is a sin of transgression to revile them or injure them in any way. Hence it is evident that, simply and absolutely speaking, transgression is a graver sin than omission, although a particular omission may be graver than a particular transgression.

Reply Obj. 1: _Delictum_ in its widest sense denotes any kind of omission; but sometimes it is taken strictly for the omission of something concerning God, or for a man's intentional and as it were contemptuous dereliction of duty: and then it has a certain gravity, for which reason it demands a greater expiation.

Reply Obj. 2: The opposite of _doing good_ is both _not doing good,_ which is an omission, and _doing evil,_ which is a transgression: but the first is opposed by contradiction, the second by contrariety, which implies greater remoteness: wherefore transgression is the more grievous sin.

Reply Obj. 3: Just as omission is opposed to affirmative precepts, so is transgression opposed to negative precepts: wherefore both, strictly speaking, have the character of mortal sin. Transgression and omission, however, may be taken broadly for any infringement of an affirmative or negative precept, disposing to the opposite of such precept: and so taking both in a broad sense they may be venial sins.

Reply Obj. 4: To the sin of transgression there correspond both the pain of loss on account of the aversion from God, and the pain of sense, on account of the inordinate conversion to a mutable good. In like manner omission deserves not only the pain of loss, but also the pain of sense, according to Matt. 7:19, "Every tree that bringeth not forth good fruit shall be cut down, and shall be cast into the fire"; and this on account of the root from which it grows, although it does not necessarily imply conversion to any mutable good. _______________________

QUESTION 80

OF THE POTENTIAL PARTS OF JUSTICE (In One Article)

We must now consider the potential parts of justice, namely the virtues annexed thereto; under which head there are two points of consideration:

(1) What virtues are annexed to justice?

(2) The individual virtues annexed to justice. _______________________

ARTICLE [II-II, Q. 80, Art.]

Whether the Virtues Annexed to Justice Are Suitably Enumerated?

Objection 1: It would seem that the virtues annexed to justice are unsuitably enumerated. Tully [*De Invent. ii, 53] reckons six, viz. "religion, piety, gratitude, revenge, observance, truth." Now revenge is seemingly a species of commutative justice whereby revenge is taken for injuries inflicted, as stated above (Q. 61, A. 4). Therefore it should not be reckoned among the virtues annexed to justice.

Obj. 2: Further, Macrobius (Super Somn. Scip. i, 8) reckons seven, viz. "innocence, friendship, concord, piety, religion, affection, humanity," several of which are omitted by Tully. Therefore the virtues annexed to justice would seem to be insufficiently enumerated.

Obj. 3: Further, others reckon five parts of justice, viz. "obedience" in respect of one's superiors, "discipline" with regard to inferiors, "equity" as regards equals, "fidelity" and "truthfulness" towards all; and of these "truthfulness" alone is mentioned by Tully. Therefore he would seem to have enumerated insufficiently the virtues annexed to justice.

Obj. 4: Further, the peripatetic Andronicus [*De Affectibus] reckons nine parts annexed to justice viz. "liberality, kindliness, revenge, commonsense, [*_eugnomosyne_] piety, gratitude, holiness, just exchange" and "just lawgiving"; and of all these it is evident that Tully mentions none but "revenge." Therefore he would appear to have made an incomplete enumeration.

Obj. 5: Further, Aristotle (Ethic. v, 10) mentions _epieikeia_ as being annexed to justice: and yet seemingly it is not included in any of the foregoing enumerations. Therefore the virtues annexed to justice are insufficiently enumerated.

_I answer that,_ Two points must be observed about the virtues annexed to a principal virtue. The first is that these virtues have something in common with the principal virtue; and the second is that in some respect they fall short of the perfection of that virtue. Accordingly since justice is of one man to another as stated above (Q. 58, A. 2), all the virtues that are directed to another person may by reason of this common aspect be annexed to justice. Now the essential character of justice consists in rendering to another his due according to equality, as stated above (Q. 58, A. 11). Wherefore in two ways may a virtue directed to another person fall short of the perfection of justice: first, by falling short of the aspect of equality; secondly, by falling short of the aspect of due. For certain virtues there are which render another his due, but are unable to render the equal due. In the first place, whatever man renders to God is due, yet it cannot be equal, as though man rendered to God as much as he owes Him, according to Ps. 115:12, "What shall I render to the Lord for all the things that He hath rendered to me?" In this respect _religion_ is annexed to justice since, according to Tully (De invent. ii, 53), it consists in offering service and ceremonial rites or worship to "some superior nature that men call divine." Secondly, it is not possible to make to one's parents an equal return of what one owes to them, as the Philosopher declares (Ethic. viii, 14); and thus _piety_ is annexed to justice, for thereby, as Tully says (De invent. ii, 53), a man "renders service and constant deference to his kindred and the well-wishers of his country." Thirdly, according to the Philosopher (Ethic. iv, 3), man is unable to offer an equal meed for virtue, and thus _observance_ is annexed to justice, consisting according to Tully (De invent. ii, 53) in the "deference and honor rendered to those who excel in worth."

A falling short of the just due may be considered in respect of a twofold due, moral or legal: wherefore the Philosopher (Ethic. viii, 13) assigns a corresponding twofold just. The legal due is that which one is bound to render by reason of a legal obligation; and this due is chiefly the concern of justice, which is the principal virtue. On the other hand, the moral due is that to which one is bound in respect of the rectitude of virtue: and since a due implies necessity, this kind of due has two degrees. For one due is so necessary that without it moral rectitude cannot be ensured: and this has more of the character of due. Moreover this due may be considered from the point of view of the debtor, and in this way it pertains to this kind of due that a man represent himself to others just as he is, both in word and deed. Wherefore to justice is annexed _truth,_ whereby, as Tully says (De invent. ii, 53), present, past and future things are told without perversion. It may also be considered from the point of view of the person to whom it is due, by comparing the reward he receives with what he has done--sometimes in good things; and then annexed to justice we have _gratitude_ which "consists in recollecting the friendship and kindliness shown by others, and in desiring to pay them back," as Tully states (De invent. ii, 53)--and sometimes in evil things, and then to justice is annexed _revenge,_ whereby, as Tully states (De invent. ii, 53), "we resist force, injury or anything obscure* by taking vengeance or by self-defense." [*St. Thomas read _obscurum,_ and explains it as meaning _derogatory,_ infra Q. 108, A. 2. Cicero, however, wrote _obfuturum,_ i.e. _hurtful._]

There is another due that is necessary in the sense that it conduces to greater rectitude, although without it rectitude may be ensured. This due is the concern of _liberality,_ _affability_ or _friendship,_ or the like, all of which Tully omits in the aforesaid enumeration because there is little of the nature of anything due in them.

Reply Obj. 1: The revenge taken by authority of a public power, in accordance with a judge's sentence, belongs to commutative justice: whereas the revenge which a man takes on his own initiative, though not against the law, or which a man seeks to obtain from a judge, belongs to the virtue annexed to justice.

Reply Obj. 2: Macrobius appears to have considered the two integral parts of justice, namely, _declining from evil,_ to which _innocence_ belongs, and _doing good,_ to which the six others belong. Of these, two would seem to regard relations between equals, namely, _friendship_ in the external conduct and _concord_ internally; two regard our relations toward superiors, namely, _piety_ to parents, and _religion_ to God; while two regard our relations towards inferiors, namely, _condescension,_ in so far as their good pleases us, and _humanity,_ whereby we help them in their needs. For Isidore says (Etym. x) that a man is said to be "humane, through having a feeling of love and pity towards men: this gives its name to humanity whereby we uphold one another." In this sense _friendship_ is understood as directing our external conduct towards others, from which point of view the Philosopher treats of it in _Ethic._ iv, 6. _Friendship_ may also be taken as regarding properly the affections, and as the Philosopher describes it in _Ethic._ viii and ix. In this sense three things pertain to friendship, namely, _benevolence_ which is here called _affection_; _concord,_ and _beneficence_ which is here called _humanity._ These three, however, are omitted by Tully, because, as stated above, they have little of the nature of a due.

Reply Obj. 3: _Obedience_ is included in observance, which Tully mentions, because both reverential honor and obedience are due to persons who excel. "Faithfulness whereby a man's acts agree with his words" [*Cicero, De Repub. iv, De Offic. i, 7], is contained in _truthfulness_ as to the observance of one's promises: yet _truthfulness_ covers a wider ground, as we shall state further on (Q. 109, AA. 1, 3). _Discipline_ is not due as a necessary duty, because one is under no obligation to an inferior as such, although a superior may be under an obligation to watch over his inferiors, according to Matt. 24:45, "A faithful and wise servant, whom his lord hath appointed over his family": and for this reason it is omitted by Tully. It may, however, be included in humanity mentioned by Macrobius; and equity under _epieikeia_ or under _friendship._

Reply Obj. 4: This enumeration contains some belonging to true justice. To particular justice belongs _justice of exchange,_ which he describes as "the habit of observing equality in commutations." To legal justice, as regards things to be observed by all, he ascribes _legislative justice,_ which he describes as "the science of political commutations relating to the community." As regards things which have to be done in particular cases beside the general laws, he mentions _common sense_ or _good judgment,_* which is our guide in such like matters, as stated above (Q. 51, A. 4) in the treatise on prudence: wherefore he says that it is a "voluntary justification," because by his own free will man observes what is just according to his judgment and not according to the written law. [*St. Thomas indicates the Greek derivation: _eugnomosyne_ quasi 'bona _gnome_.'] These two are ascribed to prudence as their director, and to justice as their executor. _Eusebeia_ (piety) means _good worship_ and consequently is the same as religion, wherefore he says that it is the science of "the service of God" (he speaks after the manner of Socrates who said that 'all the virtues are sciences') [*Aristotle, _Ethic._ vi, 13]: and _holiness_ comes to the same, as we shall state further on (Q. 81, A. 8). _Eucharistia_ (gratitude) means "good thanksgiving," and is mentioned by Macrobius: wherefore Isidore says (Etym. x) that "a kind man is one who is ready of his own accord to do good, and is of gentle speech": and Andronicus too says that "kindliness is a habit of voluntary beneficence." _Liberality_ would seem to pertain to _humanity._

Reply Obj. 5: _Epieikeia_ is annexed, not to particular but to legal justice, and apparently is the same as that which goes by the name of _eugnomosyne_ (common sense). _______________________

QUESTION 81

OF RELIGION (In Eight Articles)

We must now consider each of the foregoing virtues, in so far as our present scope demands. We shall consider (1) religion, (2) piety, (3) observance, (4) gratitude, (5) revenge, (6) truth, (7) friendship, (8) liberality, (9) _epieikeia_. Of the other virtues that have been mentioned we have spoken partly in the treatise on charity, viz. of concord and the like, and partly in this treatise on justice, for instance, of right commutations and of innocence. Of legislative justice we spoke in the treatise on prudence.

Religion offers a threefold consideration: (1) Religion considered in itself; (2) its acts; (3) the opposite vices.

Under the first head there are eight points of inquiry:

(1) Whether religion regards only our relation to God?

(2) Whether religion is a virtue?

(3) Whether religion is one virtue?

(4) Whether religion is a special virtue?

(5) Whether religion is a theological virtue?

(6) Whether religion should be preferred to the other moral virtues?

(7) Whether religion has any external actions?

(8) Whether religion is the same as holiness? _______________________

FIRST ARTICLE [II-II, Q. 81, Art. 1]

Whether Religion Directs Man to God Alone?

Objection 1: It would seem that religion does not direct man to God alone. It is written (James 1:27): "Religion clean and undefiled before God and the Father is this, to visit the fatherless and widows in their tribulation, and to keep oneself unspotted from this world." Now "to visit the fatherless and widows" indicates an order between oneself and one's neighbor, and "to keep oneself unspotted from this world" belongs to the order of a man within himself. Therefore religion does not imply order to God alone.

Obj. 2: Further, Augustine says (De Civ. Dei x, 1) that "since in speaking Latin not only unlettered but even most cultured persons ere wont to speak of religion as being exhibited, to our human kindred and relations as also to those who are linked with us by any kind of tie, that term does not escape ambiguity when it is a question of Divine worship, so that we be able to say without hesitation that religion is nothing else but the worship of God." Therefore religion signifies a relation not only to God but also to our kindred.

Obj. 3: Further, seemingly _latria_ pertains to religion. Now "_latria_ signifies servitude," as Augustine states (De Civ. Dei x, 1). And we are bound to serve not only God, but also our neighbor, according to Gal. 5:13, "By charity of the spirit serve one another." Therefore religion includes a relation to one's neighbor also.

Obj. 4: Further, worship belongs to religion. Now man is said to worship not only God, but also his neighbor, according to the saying of Cato [*Dionysius Cato, Breves Sententiae], "Worship thy parents." Therefore religion directs us also to our neighbor, and not only to God.

Obj. 5: Further, all those who are in the state of grace are subject to God. Yet not all who are in a state of grace are called religious, but only those who bind themselves by certain vows and observances, and to obedience to certain men. Therefore religion seemingly does not denote a relation of subjection of man to God.

_On the contrary,_ Tully says (Rhet. ii, 53) that "religion consists in offering service and ceremonial rites to a superior nature that men call divine."

_I answer that,_ as Isidore says (Etym. x), "according to Cicero, a man is said to be religious from _religio,_ because he often ponders over, and, as it were, reads again (_relegit_), the things which pertain to the worship of God," so that religion would seem to take its name from reading over those things which belong to Divine worship because we ought frequently to ponder over such things in our hearts, according to Prov. 3:6, "In all thy ways think on Him." According to Augustine (De Civ. Dei x, 3) it may also take its name from the fact that "we ought to seek God again, whom we had lost by our neglect" [*St. Augustine plays on the words _reeligere,_ i.e. to choose over again, and _negligere,_ to neglect or despise.]. Or again, religion may be derived from _religare_ (to bind together), wherefore Augustine says (De Vera Relig. 55): "May religion bind us to the one Almighty God." However, whether religion take its name from frequent reading, or from a repeated choice of what has been lost through negligence, or from being a bond, it denotes properly a relation to God. For it is He to Whom we ought to be bound as to our unfailing principle; to Whom also our choice should be resolutely directed as to our last end; and Whom we lose when we neglect Him by sin, and should recover by believing in Him and confessing our faith.

Reply Obj. 1: Religion has two kinds of acts. Some are its proper and immediate acts, which it elicits, and by which man is directed to God alone, for instance, sacrifice, adoration and the like. But it has other acts, which it produces through the medium of the virtues which it commands, directing them to the honor of God, because the virtue which is concerned with the end, commands the virtues which are concerned with the means. Accordingly "to visit the fatherless and widows in their tribulation" is an act of religion as commanding, and an act of mercy as eliciting; and "to keep oneself unspotted from this world" is an act of religion as commanding, but of temperance or of some similar virtue as eliciting.

Reply Obj. 2: Religion is referred to those things one exhibits to one's human kindred, if we take the term religion in a broad sense, but not if we take it in its proper sense. Hence, shortly before the passage quoted, Augustine says: "In a stricter sense religion seems to denote, not any kind of worship, but the worship of God."

Reply Obj. 3: Since servant implies relation to a lord, wherever there is a special kind of lordship there must needs be a special kind of service. Now it is evident that lordship belongs to God in a special and singular way, because He made all things, and has supreme dominion over all. Consequently a special kind of service is due to Him, which is known as _latria_ in Greek; and therefore it belongs to religion.

Reply Obj. 4: We are said to worship those whom we honor, and to cultivate [*In the Latin the same word _colere_ stands for "worship" and "cultivate"] a man's memory or presence: we even speak of cultivating things that are beneath us, thus a farmer (_agricola_) is one who cultivates the land, and an inhabitant (_incola_) is one who cultivates the place where he dwells. Since, however, special honor is due to God as the first principle of all things, to Him also is due a special kind of worship, which in Greek is _Eusebeia_ or _Theosebeia_, as Augustine states (De Civ. Dei x, 1).

Reply Obj. 5: Although the name "religious" may be given to all in general who worship God, yet in a special way religious are those who consecrate their whole life to the Divine worship, by withdrawing from human affairs. Thus also the term "contemplative" is applied, not to those who contemplate, but to those who give up their whole lives to contemplation. Such men subject themselves to man, not for man's sake but for God's sake, according to the word of the Apostle (Gal. 4:14), "You . . . received me as an angel of God, even as Christ Jesus." _______________________

SECOND ARTICLE [II-II, Q. 81, Art. 2]

Whether Religion Is a Virtue?

Objection 1: It would seem that religion is not a virtue. Seemingly it belongs to religion to pay reverence to God. But reverence is an act of fear which is a gift, as stated above (Q. 19, A. 9). Therefore religion is not a virtue but a gift.

Obj. 2: Further, every virtue is a free exercise of the will, wherefore it is described as an "elective" or voluntary "habit" [*Ethic. ii, 6]. Now, as stated above (A. 1, ad 3) _latria_ belongs to religion, and _latria_ denotes a kind of servitude. Therefore religion is not a virtue.

Obj. 3: Further, according to _Ethic._ ii, 1, aptitude for virtue is in us by nature, wherefore things pertaining to virtue belong to the dictate of natural reason. Now, it belongs to religion "to offer ceremonial worship to the Godhead" [*Cf. A. 1], and ceremonial matters, as stated above (I-II, Q. 99, A. 3, ad 2; Q. 101), do not belong to the dictate of natural reason. Therefore religion is not a virtue.

_On the contrary,_ It is enumerated with the other virtues, as appears from what has been said above (Q. 80).

_I answer that,_ As stated above (Q. 58, A. 3; I-II, Q. 55, AA. 3, 4) "a virtue is that which makes its possessor good, and his act good likewise," wherefore we must needs say that every good act belongs to a virtue. Now it is evident that to render anyone his due has the aspect of good, since by rendering a person his due, one becomes suitably proportioned to him, through being ordered to him in a becoming manner. But order comes under the aspect of good, just as mode and species, according to Augustine (De Nat. Boni iii). Since then it belongs to religion to pay due honor to someone, namely, to God, it is evident that religion is a virtue.

Reply Obj. 1: To pay reverence to God is an act of the gift of fear. Now it belongs to religion to do certain things through reverence for God. Hence it follows, not that religion is the same as the gift of fear, but that it is referred thereto as to something more excellent; for the gifts are more excellent than the moral virtues, as stated above (Q. 9, A. 1, ad 3; I-II, Q. 68, A. 8).