Scotus Academicus, Tomus sextus: De Legibus Divinis et Humanis

It was the impious and absurd opinion of the heresiarchs of the latter part of this age to assert that Christ the Lord was not a true lawgiver, nor that he enacted any new law, but that he only freed us from the old law. Such was the view of Luther in his book On Christian Liberty, where he says: By no work, by no law, does a Christian man have need: since through faith he is free from every law. Calvin published the same error, for expounding that saying of the Apostle to the Galatians, God sent his Son, made of a woman, made under the law, that he might redeem them who were under the law, etc., he exclaims thus: O what a wretched justice, he says; O what a pernicious error, to preach Christ as a new lawgiver. As if he had abolished the old law in order to impose a new law upon all Christians. That was not the office of Christ, as he himself said: God sent not his Son into the world to judge the world, but that the world may be saved by him. And in another place: I do not judge anyone, he says. Christ assuredly did not have this task and office, that he should institute a new law, but that he might take from the necks of men that servile yoke of the law. This is that which Paul proclaims, that God sent his Son made under the law, that he might redeem them who were under the law. But our more recent Theologians, opposing the divine counsel, teach that he is to be received as Liberator, not as Lawgiver, who would deliver us into the harshest servitude. But that we may restrain the madness of this ill-celebrated head more evidently.

Note 2. There are especially two duties of any law whatever; namely, to direct and to command: it directs, I say, the rational creature to an end congruent to it through fitting means; it prescribes, while it spurs on toward good and calls back from that which is dishonorable and evil: it commands moreover those things which it judges necessary, so that that honorable and due end may be obtained. Indeed the heretics concede that the New Testament has the character of a directive law, and that that saying of the Royal Prophet fits it: The law of the Lord is unspotted, converting souls, the testimony faithful, giving wisdom to little ones. For it is unspotted, since it persuades or permits nothing perverse; converting souls, because it rules not only the external motions of men, but also the internal and most intimate senses of the soul; the testimony faithful, because it is subject to no error; giving wisdom to little ones, because it enlightens man, as if still half-blind beneath the dawn of the native Mosaic law, with the divine light of faith, and calls and advances him toward eternal beatitude. But whether the Evangelical law is also preceptive, and prescribes for the faithful certain commandments under pain of sin and the threat of eternal damnation, is the controversy here to be determined.

Note 3. That although the new law could be said to have been instituted from the beginning of the world, insofar as all who were just looked toward the New Testament, nor were they justified except through graces granted in consideration of the merits of Christ, as the Apostle signifies, First to the Corinthians 10, where concerning the fathers of the Old Testament he says: All drank the same spiritual drink, and they drank of the spiritual rock that followed them: and the rock was Christ; whence the same says to the Hebrews 13, Christ yesterday, and today, and for ages; that is, although Christ appeared only in the middle of time, nevertheless he enlightened all the just of whatever time with the light of his faith, and enriched them with grace; although, I say, for this reason the Evangelical law can be judged founded from the beginning, yet it is certain that it itself was instituted and promulgated only through Christ in the middle of time, both as regards its precepts and respectively as regards the grace of the Holy Spirit, as well as the abundance of benefits. But why it did not begin before that time, a threefold reason can be brought forward: First, because grace ought not to be given abundantly before the impediment of sin was taken away from the human race, redemption being consummated through Christ: hence John 7, The Spirit was not yet given, because Jesus was not yet glorified. And Romans 8, God sending his own Son in the likeness of sinful flesh, condemned sin in the flesh because of sin, that the justification of the law might be fulfilled in us. Second, because that which is perfect ought not to be given from the beginning, but first that which is imperfect, as disposing toward it. And this is the reason of the Apostle to the Galatians 3, The law was our pedagogue in Christ, that we might be justified by faith. Third, because the new law is the law of grace: and therefore it was fitting that first man be left to himself in the state of the old law, so that falling into sin and knowing his infirmity, he might recognize that he stood in need of grace: and the Apostle assigns this reason to the Romans 5, saying: But the law entered in, that sin might abound: and where sin abounded, grace superabounded.

Single Conclusion. — Christ the Lord truly instituted a new law, not only directive, but also preceptive.

This is of faith against the heretics.

Proof first from various testimonies of Scripture, in which in the Old Testament the Messiah is promised as about to come as lawgiver and founder of a new law.

Thus Jeremiah 31, Behold the days shall come, saith the Lord, and I will make a new covenant with the house of Israel, and with the house of Judah, etc. I will give my law in their bowels. Which words the Apostle interprets as having been said of Christ and his law, to the Hebrews 8 and 10. Likewise Isaiah 2 it is said thus: And in the last days the mountain of the house of the Lord shall be prepared on the top of mountains, and all nations shall flow unto it, and many peoples shall go, and say: Come, let us go up to the mountain of the Lord, and to the house of the God of Jacob, and he will teach us his ways, and we will walk in his paths: for the law shall come forth from Sion, and the word of the Lord from Jerusalem. That these things were said of the Messiah and his law is manifest from the text itself. And chapter 33 concerning the same Messiah it says thus: The Lord is our judge, the Lord is our lawgiver, the Lord is our king, he himself will save us. The same is evident from the New Testament; for Christ everywhere speaks of his law: John 14, Keep my commandments. John 15, 10, If you keep my commandments, you shall abide in my love. Matthew 28, Teach them to observe all things whatsoever I have commanded you. And Paul, First to the Corinthians 9: To them that were without the law, I became as if I were without the law, when I was not without the law of God, but I was in the law of Christ. And to the Hebrews 2 he compares Christ and Moses with one another, and as two lawgivers, one of the Old Testament, the other of the New; and says that if transgressors of the law given by Moses were punished, much more are transgressors of the law given by Christ to be punished. Wherefore the Council of Trent deservedly pronounces thus, Session 6, Canon 21: If anyone shall say that Christ Jesus was given by God to men as Redeemer, in whom to trust, but not also as Lawgiver, whom to obey, let him be anathema.

Moreover this truth is proved by reason: It pertains to the providence and prudent administration of a supreme king and sovereign Pontiff to enact laws by which both the kingdom may be governed peacefully and tranquilly and subsist, and due worship be paid to God: but Christ was the sovereign Pontiff of the Church and supreme Monarch of the whole world: therefore by either title he ought also to be lawgiver and to enact laws. The major stands: for no kingdom, no perfect community, civil or Ecclesiastical, can be governed fittingly without certain laws, and preserved stably, and directed efficaciously to the end proposed to it, as is known by experience. The minor indeed stands from Sacred Scripture itself, which professes Christ to be King at the same time as sovereign Pontiff. King, I say; thus Psalm 2, David prophesying in the person of the Messiah says: But I am appointed king by him over Sion his holy mountain, preaching his commandment. Which words the Apostle interprets of Christ, to the Hebrews 1, and Luke 1 the Angel says to the Virgin Mary that the incarnation of the divine Word is to be accomplished in her: The Lord God will give unto him the throne of David his father, and he shall reign in the house of Jacob forever. He was likewise Pontiff, as is evident from Psalm 109, which is entirely about the Messiah, as Christ himself expounded, Matthew 22. Of him therefore it is said: Thou art a Priest forever according to the order of Melchisedech. That this was said specially of Christ the Apostle affirms, to the Hebrews 5 and chapter 7; he had said before: Having therefore a great Pontiff who hath penetrated the heavens, Jesus the Son of God. Since therefore Christ instituted the Church as a new spiritual kingdom, of which he himself is King at the same time as sovereign Pontiff, he ought to institute laws by which it may rightly be administered and advanced to the end proposed, namely eternal salvation. — Wherefore the Council of Trent deservedly proscribing the error of Luther and Calvin, thus decreed, Session 6, canon 19, If anyone shall say that nothing is commanded in the Gospel besides faith, and that the rest are indifferent things, neither commanded nor prohibited, but free: or that the ten precepts in no way pertain to Christians, let him be anathema.

They object 1. The Heretics: The New Testament is opposed to the Old in this respect, that those who are truly under the new are not under the law, but under grace: whence John 1, The law was given by Moses; grace and truth were made by Jesus Christ: therefore Moses was indeed a lawgiver, but not Christ, who established no law: but only merited grace and justification for us. —

I deny the consequence: and to the antecedent I say, that grace is said to have been made through Christ, but the law given through Moses, not because Christ brought no law, but because He did not give a bare law without any grace, as Moses had given the law to the Jews, which commanded but did not help, threatened but did not assist, showed infirmities but did not heal: whereas Christ gave us the law with grace, that is, a law commanding what is to be done, and supplying the helps by which it may be done.

They object 2. That of the Apostle to the Romans 6. You are not under the law, but under grace; and likewise that to the Galatians 5. If you are led by the spirit, you are not under the law: but the faithful are led by the spirit; hence they are not under the law. —

I answer, the Apostle in those words speaks of the Mosaic law, to which he opposes the law of grace, in that it commanded and did not help: but it is otherwise with the Evangelical law, which contains the grace by which we are inwardly helped to keep what it commands, or, as St. Augustine says, book 1. De continentia, c. 3. We are not under a law indeed commanding good, yet not giving it: but we are under grace, whereby, making us love what the law commands, it can command as to the free. And as to the other context of Paul, I say that a part of the law no longer prevails: for in chapter 1. he says, Tell me, you who wish to be under the law, do you not read the law? etc. And in chapter 3. The law was our pedagogue in Christ, that we might be justified by faith. But when faith came, we are now no longer under the pedagogue. Therefore the Apostle holds that although the faithful are bound to avoid sins, they are not bound to this by the force of the Mosaic law, but by the virtue of the natural law, and of the Evangelical law conferring the spirit of grace.

They object 3. Whence 2. Cor. 3. Where the Spirit of the Lord is, there is liberty, namely from the obligation of the law: but the faithful have the Spirit of the Lord; For, says the Apostle, you have not received the spirit of bondage again in fear, but you have received the spirit of adoption of sons, etc.: wherefore the New Testament, Galatians 5. and James 1. is called the law of liberty: therefore the faithful are subject to no law. —

I answer, the Apostle by the law of liberty understands exemption from the Mosaic law, which was a compelling and terrifying law(?), accusing and condemning, from which those are truly freed who are led by the Spirit of Christ, even though they live under the Evangelical law. Wherefore, by the divinely annexed help, it comes about that the faithful freely and liberally and spiritually do those things which the law commands: whence they rather seem to be above the law than under the law, as St. Chrysostom expounds on those words 1. Timoth. 1. The law is not laid for the just. Hence St. Augustine on Psalm 1. near the second verse, The just man, he says, is not under the law: because his will is in the law of the Lord. For he who is in the law is dealt with according to the law; the one therefore is free, the other a slave. Ambrose, book 3. offic. cap. 5. The law is not laid for the just, but for the unjust, because the just man has the law of his own mind, and of equity,

They object 1. Heretics: The new law is called the Gospel, because it promises eternal life under the condition of faith alone, whereas on the contrary the old law would not promise the same except under the condition of observance of the commandments, according to Ezech. 20. He that shall do them shall live in them. —

I answer, the Evangelical law is called the Gospel by synecdoche, not because it promises eternal life under the condition of faith alone, but because, as we said above with the author of the Incomplete Work on Matthew, the Gospel is good news; but good things are announced to men, when heavenly beatitude is promised to them, remission of sins, adoption of sons, resurrection of the dead, immortal life, inheritance of the heavenly kingdom, possession of everlasting glory, fellowship of the Angels, and communication of the Spirit, and brotherhood with Christ, and fatherhood of God. But this promise and authentic constitution of reward is law, and part of the whole Evangelical law, just as the threatening and authentic constitution of punishment is penal law.

You ask: in what then does Christian liberty consist? —

I answer, that it does not consist in this, that we are free from the observance of the precepts of God, but first, in liberty from the slavery of sin, and death, according to John 8. Every one who commits sin is the servant of sin: If therefore the Son shall make you free, you shall be free indeed. And Romans 6. Being freed from sin, we have been made servants of justice. Secondly, in liberty from the yoke of the ceremonial and judicial law of the Jews: Galatians 4. How do you turn again to the weak and needy elements, which you desire to serve anew? Thirdly, in liberty from the dominion and guilt of the law, even the natural law. Romans 6. You are not under the law, but under grace, 2. Cor. 3. Where the Spirit of the Lord is, there is liberty.