Summa Theologiae Moralis, vol. I: De Principiis

On the Author of Civil Law.

267. Thesis. Legislative power originally is from God as from the author of nature. — It is clear a) from Scripture : Wis. VI, 2-4 ; Rom. XIII, 1-7 ; Prov. VIII, 15-16 ; Ecclus. XVII, 14 ; — b) from reason : for man is by nature a social animal ; but society needs a power by which it is ruled ; therefore this power is from the author of nature (Cf. Leo XIII, enc. Diuturnum, 29 June 1881 ; Immortale Dei, 1 Nov. 1885 ; and also Humanum genus, 20 April 1884).

268. Power is communicated by God as the principal cause, but through the multitude as the instrumental cause. — The community is bound to transmit that power of itself, not for a time and in a revocable manner, but in a stable manner in perpetuity, not to be exercised in its name but to be possessed as its own : for thus it is ordinarily necessary by the nature of things for the good government of society. It can however be transmitted to various subjects according to the various form or regime of society. If it resides entirely in one, the regime is monarchic ; if in a group of many of the best and most powerful, it is aristocratic or oligarchic ; if in the community itself or in a group elected from every condition, who are designated by all, it is democratic ; — finally if simultaneously but partially it resides in many, it is a mixed regime which prevails in present-day nations : thus in Belgium it resides partially in a twofold group of electors who enact the laws and in the king who can sanction or not sanction and promulgate them (Const. Belg., art. 26).

Power exists full in the supreme authority ; from it is sometimes derived a restricted [power] to certain subordinates, as happens in fiefs, confederated states, etc.

269. Power does not depend of itself on faith, uprightness of life, good morals, nor therefore on sex, age, and other conditions of the subject in whom it resides.

It is clear a) from the Council of Constance, sess. 8, condemning prop. 15 of Wyclif ;

b) from Scripture : both from the words of Christ commanding tribute to be paid to an ethnic prince (Mt. XXII, 21) and to obey the wicked and evil Pharisees (XXIII, 3) ; and from the words of the Apostles who teach that infidel princes are ministers of God who are to be obeyed in conscience (Rom. XIII, 5-7 ; Tit. III, 1 ; I Pet. II, 13-15) ;

c) by reason : a man cannot command because he is good but because he is superior.

Accidentally however power can depend on the aforesaid conditions, if it is so determined specially in Law.