Summa Theologica by Saint Thomas Aquinas (whitelam books .TXT) 📕

I answer that, As stated above (I-II, Q. 96, A. 6), when we were treating of laws, since human actions, with which laws are concerned, are composed of contingent singulars and are innumerable in their diversity, it was not possible to lay down rules of law that would apply to every single case. Legislators in framing laws attend to what commonly happens: although if the law be applied to certain cases it will frustrate the equality of justice and be injurious to the common good, which the law has in view. Thus the law requires deposits to be restored, because in the majority of cases this is just. Yet it happens sometimes to be injurious—for instance, if a madman were to put his sword in deposit, and demand its delivery while in a state of madness, or if a man were to seek the return of his deposit in order to fight against his country. In these and like cases it is bad to follow the law, and it is good to set aside the letter of the law and to follow the dictates of justice and the common good. This is the object of epikeia which we call equity. Therefore it is evident that epikeia is a virtue.

Reply Obj. 1: Epikeia does not set aside that which is just in itself but that which is just as by law established. Nor is it opposed to severity, which follows the letter of the law when it ought to be followed. To follow the letter of the law when it ought not to be followed is sinful. Hence it is written in the Codex of Laws and Constitutions under Law v: "Without doubt he transgresses the law who by adhering to the letter of the law strives to defeat the intention of the lawgiver."

Reply Obj. 2: It would be passing judgment on a law to say that it was not well made; but to say that the letter of the law is not to be observed in some particular case is passing judgment not on the law, but on some particular contingency.

Reply Obj. 3: Interpretation is admissible in doubtful cases where it is not allowed to set aside the letter of the law without the interpretation of the sovereign. But when the case is manifest there is need, not of interpretation, but of execution. _______________________

SECOND ARTICLE [II-II, Q. 120, Art. 2]

Whether Epikeia Is a Part of Justice?

Objection 1: It seems that epikeia is not a part of justice. For, as stated above (Q. 58, A. 7), justice is twofold, particular and legal. Now epikeia is not a part of particular justice, since it extends to all virtues, even as legal justice does. In like manner, neither is it a part of legal justice, since its operation is beside that which is established by law. Therefore it seems that epikeia is not a part of justice.

Obj. 2: Further, a more principal virtue is not assigned as the part of a less principal virtue: for it is to the cardinal virtue, as being principal, that secondary virtues are assigned as parts. Now epikeia seems to be a more principal virtue than justice, as implied by its name: for it is derived from epi, i.e. "above," and dikaion, i.e. "just." Therefore epikeia is not a part of justice.

Obj. 3: Further, it seems that epikeia is the same as modesty. For where the Apostle says (Phil. 4:5), "Let your modesty be known to all men," the Greek has epieikeia [*to epieikes]. Now, according to Tully (De Invent. Rhet. ii), modesty is a part of temperance. Therefore epikeia is not a part of justice.

On the contrary, The Philosopher says (Ethic. v, 10) that "epikeia is a kind of justice."

I answer that, As stated above (Q. 48), a virtue has three kinds of parts, subjective, integral, and potential. A subjective part is one of which the whole is predicated essentially, and it is less than the whole. This may happen in two ways. For sometimes one thing is predicated of many in one common ratio, as animal of horse and ox: and sometimes one thing is predicated of many according to priority and posteriority, as being of substance and accident.

Accordingly, epikeia is a part of justice taken in a general sense, for it is a kind of justice, as the Philosopher states (Ethic. v, 10). Wherefore it is evident that epikeia is a subjective part of justice; and justice is predicated of it with priority to being predicated of legal justice, since legal justice is subject to the direction of epikeia. Hence epikeia is by way of being a higher rule of human actions.

Reply Obj. 1: Epikeia corresponds properly to legal justice, and in one way is contained under it, and in another way exceeds it. For if legal justice denotes that which complies with the law, whether as regards the letter of the law, or as regards the intention of the lawgiver, which is of more account, then epikeia is the more important part of legal justice. But if legal justice denote merely that which complies with the law with regard to the letter, then epikeia is a part not of legal justice but of justice in its general acceptation, and is condivided with legal justice, as exceeding it.

Reply Obj. 2: As the Philosopher states (Ethic. v, 10), "epikeia is better than a certain," namely, legal, "justice," which observes the letter of the law: yet since it is itself a kind of justice, it is not better than all justice.

Reply Obj. 3: It belongs to epikeia to moderate something, namely, the observance of the letter of the law. But modesty, which is reckoned a part of temperance, moderates man's outward life—for instance, in his deportment, dress or the like. Possibly also the term epieikeia is applied in Greek by a similitude to all kinds of moderation. _______________________

OF PIETY
(In Two Articles)

We must now consider the gift that corresponds to justice; namely, piety. Under this head there are two points of inquiry:

(1) Whether it is a gift of the Holy Ghost?

(2) Which of the beatitudes and fruits corresponds to it? _______________________

FIRST ARTICLE [II-II, Q. 121, Art. 1]

Whether Piety Is a Gift?

Objection 1: It seems that piety is not a gift. For the gifts differ from the virtues, as stated above (I-II, Q. 68, A. 1). But piety is a virtue, as stated above (Q. 101, A. 3). Therefore piety is not a gift.

Obj. 2: Further, the gifts are more excellent than the virtues, above all the moral virtues, as above (I-II, Q. 68, A. 8). Now among the parts of justice religion is greater than piety. Therefore if any part of justice is to be accounted a gift, it seems that religion should be a gift rather than piety.

Obj. 3: Further, the gifts and their acts remain in heaven, as stated above (I-II, Q. 68, A. 6). But the act of piety cannot remain in heaven: for Gregory says (Moral. i) that "piety fills the inmost recesses of the heart with works of mercy": and so there will be no piety in heaven since there will be no unhappiness [*Cf. Q. 30, A. 1]. Therefore piety is not a gift.

On the contrary, It is reckoned among the gifts in the eleventh chapter of Isaias (verse 2) [Douay: "godliness"] [*Pietas, whence our English word "pity," which is the same as mercy.]

I answer that, As stated above (I-II, Q. 68, A. 1; Q. 69, AA. 1, 3), the gifts of the Holy Ghost are habitual dispositions of the soul, rendering it amenable to the motion of the Holy Ghost. Now the Holy Ghost moves us to this effect among others, of having a filial affection towards God, according to Rom. 8:15, "You have received the spirit of adoption of sons, whereby we cry: Abba (Father)." And since it belongs properly to piety to pay duty and worship to one's father, it follows that piety, whereby, at the Holy Ghost's instigation, we pay worship and duty to God as our Father, is a gift of the Holy Ghost.

Reply Obj. 1: The piety that pays duty and worship to a father in the flesh is a virtue: but the piety that is a gift pays this to God as Father.

Reply Obj. 2: To pay worship to God as Creator, as religion does, is more excellent than to pay worship to one's father in the flesh, as the piety that is a virtue does. But to pay worship to God as Father is yet more excellent than to pay worship to God as Creator and Lord. Wherefore religion is greater than the virtue of piety: while the gift of piety is greater than religion.

Reply Obj. 3: As by the virtue of piety man pays duty and worship not only to his father in the flesh, but also to all his kindred on account of their being related to his father, so by the gift of piety he pays worship and duty not only to God, but also to all men on account of their relationship to God. Hence it belongs to piety to honor the saints, and not to contradict the Scriptures whether one understands them or not, as Augustine says (De Doctr. Christ. ii). Consequently it also assists those who are in a state of unhappiness. And although this act has no place in heaven, especially after the Day of Judgment, yet piety will exercise its principal act, which is to revere God with filial affection: for it is then above all that this act will be fulfilled, according to Wis. 5:5, "Behold how they are numbered among the children of God." The saints will also mutually honor one another. Now, however, before the Judgment Day, the saints have pity on those also who are living in this unhappy state. _______________________

SECOND ARTICLE [II-II, Q. 121, Art. 2]

Whether the Second Beatitude, "Blessed Are the Meek," Corresponds to the Gift of Piety?

Objection 1: It seems that the second beatitude, "Blessed are the meek," does not correspond to the gift of piety. For piety is the gift corresponding to justice, to which rather belongs the fourth beatitude, "Blessed are they that hunger and thirst after justice," or the fifth beatitude, "Blessed are the merciful," since as stated above (A. 1, Obj. 3), the works of mercy belong to piety. Therefore the second beatitude does not pertain to the gift of piety.

Obj. 2: Further, the gift of piety is directed by the gift of knowledge, which is united to it in the enumeration of the gifts (Isa. 11). Now direction and execution extend to the same matter. Since, then, the third beatitude, "Blessed are they that mourn," corresponds to the gift of knowledge, it seems that the second beatitude corresponds to piety.

Obj. 3: Further, the fruits correspond to the beatitudes and gifts, as stated above (I-II, Q. 70, A. 2). Now among the fruits, goodness and benignity seem to agree with piety rather than mildness, which pertains to meekness. Therefore the second beatitude does not correspond to the gift of piety.

On the contrary, Augustine says (De Serm. Dom. in Monte i): "Piety is becoming to the meek."

I answer that, In adapting the beatitudes to the gifts a twofold congruity may be observed. One is according to the order in which they are given, and Augustine seems to have followed this: wherefore he assigns the first beatitude to the lowest gift, namely, fear, and the second beatitude, "Blessed are the meek," to piety, and so on. Another congruity may be observed in keeping with the special nature of each gift and beatitude. In this way one must adapt the beatitudes to the gifts according to their objects and acts: and thus the fourth and fifth beatitudes would correspond to piety, rather than the second. Yet the second beatitude has a certain congruity with piety, inasmuch as meekness removes the obstacles to acts of piety.

This suffices for the Reply to the First Objection.

Reply Obj. 2: Taking the beatitudes and gifts according to their proper natures, the same beatitude must needs correspond to knowledge and piety: but taking them according to their order, different beatitudes correspond to them, although a certain congruity may be observed, as stated above.

Reply Obj. 3: In the fruits goodness and benignity may be directly ascribed to piety; and mildness indirectly in so far as it removes obstacles to acts of piety, as stated above. _______________________

OF THE PRECEPTS OF JUSTICE
(In Six Articles)

We must now consider the precepts of justice, under which head there are six points of inquiry:

(1) Whether the precepts of the decalogue are precepts of justice?

(2) Of