Summa summae S. Thomae, Tomus II

[The Beghards, Beguines, and Waldenses, also called the Poor Men of Lyons, asserted that sinners indeed were subject to laws, but that the just, that is themselves, were wholly exempt from them. John Hus and Luther afterwards taught that men — by whom they understood ecclesiastical superiors — have not the power to enact obligatory laws, or laws properly so called; so that their ordinances are only directions which anyone may follow of his own accord or reject.]

The question is concerning just laws; for unjust laws are not true laws ¹. But four things are required that a law be just: first, on the part of matter, namely that it command nothing per se evil, nor forbid anything per se good; second, on the part of end, that it be for the common good; third, on the part of author, that it enact no law beyond the power committed to it; fourth, on the part of form, that burdens be imposed upon subjects according to the proportion of the forces and faculties which they have.

I say: Every law, civil as well as ecclesiastical, binds in the forum of conscience ². It is of faith, at least as regards ecclesiastical laws, defined in the Council of Constance against Wycliffe and John Hus, sess. viii and xv, in the bull of Leo X against Luther, and in the Council of Trid., sess. vii, can. 8: « If anyone shall say that the baptized are free from all the precepts of holy Church, whether written or handed down, so that they are not bound to observe them unless they should wish to submit to them of their own accord; let him be anathema. »

It is proved by the authority of Scripture. And 1° as regards ecclesiastical laws, Matth., XVI, 19, Christ said to Peter: Whatsoever thou shalt bind upon earth, shall be bound also in heaven. If in heaven, therefore in conscience. Luc., x, 16: He that heareth you, heareth me; and he that despiseth you, despiseth me. But no one doubts that one is bound in conscience to hear Christ and not despise him.

2° As regards civil laws, Paulus, ad Rom., XIII, 1-7. Let every soul be subject to higher powers; for there is no power but from God... Therefore he that resisteth the power, resisteth the ordinance of God; and they that resist purchase to themselves damnation... Wherefore be subject of necessity, not only for wrath, but also for conscience; for therefore also you pay tribute, for they are the ministers of God, serving unto this very purpose. Render therefore to all their debts: tribute to whom tribute, custom to whom custom. These things are so plain that an escape is opened to none of the heretics. Likewise ad Tit. III, 1, I Petr., II, 13-15, and elsewhere.

It is proved by reason. 1° Human law, civil as well as ecclesiastical, is derived from the eternal law, from which it has its force and vigor, according to that of Prov., VIII, 15: By me kings reign, and lawmakers decree just things. And as we explained dissert. II. But the eternal law binds in conscience. Therefore.

2° Natural law and right reason command that we obey the just mandates of legitimate superiors promulgated for the common good. Therefore we are bound in conscience to obey them.

It is confirmed. The precept of a father toward his children, of a master toward servants, binds in conscience, as the Apostle teaches, Ephes., VI, 1, 5. Therefore the precept of the prince toward subjects.

[Rightly therefore Alexander VII, on 24 September 1665, condemned this proposition, n. 23: « He who breaks the fast of the Church unto which he is bound does not sin mortally, unless he do this out of contempt or disobedience, for instance because he wills not to submit himself to the precept; » and Innocent XI, on 2 March 1679, the following, n. 52: « The precept of keeping feasts does not bind under mortal sin, scandal set aside, if contempt be absent. »]