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

long as he lives, even if he fall into schism or heresy: and this is proved from the fact that if he come back to the Church, he is not consecrated anew. Since, however, the lower power ought not to exercise its act, except in so far as it is moved by the higher power, as may be seen also in the physical order, it follows that such persons lose the use of their power, so that it is not lawful for them to use it. Yet if they use it, this power has its effect in sacramental acts, because therein man acts only as God's instrument, so that sacramental effects are not precluded on account of any fault whatever in the person who confers the sacrament.

On the other hand, the power of jurisdiction is that which is conferred by a mere human appointment. Such a power as this does not adhere to the recipient immovably: so that it does not remain in heretics and schismatics; and consequently they neither absolve nor excommunicate, nor grant indulgence, nor do anything of the kind, and if they do, it is invalid.

Accordingly when it is said that such like persons have no spiritual power, it is to be understood as referring either to the second power, or if it be referred to the first power, not as referring to the essence of the power, but to its lawful use.

This suffices for the Replies to the Objections. _______________________

FOURTH ARTICLE [II-II, Q. 39, Art. 4]

Whether It Is Right That Schismatics Should Be Punished with
Excommunication?

Objection 1: It would seem that schismatics are not rightly punished with excommunication. For excommunication deprives a man chiefly of a share in the sacraments. But Augustine says (Contra Donat. vi, 5) that "Baptism can be received from a schismatic." Therefore it seems that excommunication is not a fitting punishment for schismatics.

Obj. 2: Further, it is the duty of Christ's faithful to lead back those who have gone astray, wherefore it is written against certain persons (Ezech. 34:4): "That which was driven away you have not brought again, neither have you sought that which was lost." Now schismatics are more easily brought back by such as may hold communion with them. Therefore it seems that they ought not to be excommunicated.

Obj. 3: Further, a double punishment is not inflicted for one and the same sin, according to Nahum 1:9: "God will not judge the same twice" [*Septuagint version]. Now some receive a temporal punishment for the sin of schism, according to 23, qu. 5 [*Gratianus, Decretum, P. II, causa XXIII, qu. 5, can. 44, Quali nos (RP I, 943)], where it is stated: "Both divine and earthly laws have laid down that those who are severed from the unity of the Church, and disturb her peace, must be punished by the secular power." Therefore they ought not to be punished with excommunication.

On the contrary, It is written (Num. 16:26): "Depart from the tents of these wicked men," those, to wit, who had caused the schism, "and touch nothing of theirs, lest you be involved in their sins."

I answer that, According to Wis. 11:11, "By what things a man sinneth, by the same also he should be punished" [Vulg.: 'he is tormented']. Now a schismatic, as shown above (A. 1), commits a twofold sin: first by separating himself from communion with the members of the Church, and in this respect the fitting punishment for schismatics is that they be excommunicated. Secondly, they refuse submission to the head of the Church, wherefore, since they are unwilling to be controlled by the Church's spiritual power, it is just that they should be compelled by the secular power.

Reply Obj. 1: It is not lawful to receive Baptism from a schismatic, save in a case of necessity, since it is better for a man to quit this life, marked with the sign of Christ, no matter from whom he may receive it, whether from a Jew or a pagan, than deprived of that mark, which is bestowed in Baptism.

Reply Obj. 2: Excommunication does not forbid the intercourse whereby a person by salutary admonitions leads back to the unity of the Church those who are separated from her. Indeed this very separation brings them back somewhat, because through confusion at their separation, they are sometimes led to do penance.

Reply Obj. 3: The punishments of the present life are medicinal, and therefore when one punishment does not suffice to compel a man, another is added: just as physicians employ several bod[il]y medicines when one has no effect. In like manner the Church, when excommunication does not sufficiently restrain certain men, employs the compulsion of the secular arm. If, however, one punishment suffices, another should not be employed. _______________________

QUESTION 40

OF WAR
(In Four Articles)

We must now consider war, under which head there are four points of inquiry:

(1) Whether some kind of war is lawful?

(2) Whether it is lawful for clerics to fight?

(3) Whether it is lawful for belligerents to lay ambushes?

(4) Whether it is lawful to fight on holy days? _______________________

FIRST ARTICLE [II-II, Q. 40, Art. 1]

Whether It Is Always Sinful to Wage War?

Objection 1: It would seem that it is always sinful to wage war.
Because punishment is not inflicted except for sin. Now those who
wage war are threatened by Our Lord with punishment, according to
Matt. 26:52: "All that take the sword shall perish with the sword."
Therefore all wars are unlawful.

Obj. 2: Further, whatever is contrary to a Divine precept is a sin. But war is contrary to a Divine precept, for it is written (Matt. 5:39): "But I say to you not to resist evil"; and (Rom. 12:19): "Not revenging yourselves, my dearly beloved, but give place unto wrath." Therefore war is always sinful.

Obj. 3: Further, nothing, except sin, is contrary to an act of virtue. But war is contrary to peace. Therefore war is always a sin.

Obj. 4: Further, the exercise of a lawful thing is itself lawful, as is evident in scientific exercises. But warlike exercises which take place in tournaments are forbidden by the Church, since those who are slain in these trials are deprived of ecclesiastical burial. Therefore it seems that war is a sin in itself.

On the contrary, Augustine says in a sermon on the son of the centurion [*Ep. ad Marcel. cxxxviii]: "If the Christian Religion forbade war altogether, those who sought salutary advice in the Gospel would rather have been counselled to cast aside their arms, and to give up soldiering altogether. On the contrary, they were told: 'Do violence to no man . . . and be content with your pay' [*Luke 3:14]. If he commanded them to be content with their pay, he did not forbid soldiering."

I answer that, In order for a war to be just, three things are necessary. First, the authority of the sovereign by whose command the war is to be waged. For it is not the business of a private individual to declare war, because he can seek for redress of his rights from the tribunal of his superior. Moreover it is not the business of a private individual to summon together the people, which has to be done in wartime. And as the care of the common weal is committed to those who are in authority, it is their business to watch over the common weal of the city, kingdom or province subject to them. And just as it is lawful for them to have recourse to the sword in defending that common weal against internal disturbances, when they punish evil-doers, according to the words of the Apostle (Rom. 13:4): "He beareth not the sword in vain: for he is God's minister, an avenger to execute wrath upon him that doth evil"; so too, it is their business to have recourse to the sword of war in defending the common weal against external enemies. Hence it is said to those who are in authority (Ps. 81:4): "Rescue the poor: and deliver the needy out of the hand of the sinner"; and for this reason Augustine says (Contra Faust. xxii, 75): "The natural order conducive to peace among mortals demands that the power to declare and counsel war should be in the hands of those who hold the supreme authority."

Secondly, a just cause is required, namely that those who are attacked, should be attacked because they deserve it on account of some fault. Wherefore Augustine says (QQ. in Hept., qu. x, super Jos.): "A just war is wont to be described as one that avenges wrongs, when a nation or state has to be punished, for refusing to make amends for the wrongs inflicted by its subjects, or to restore what it has seized unjustly."

Thirdly, it is necessary that the belligerents should have a rightful intention, so that they intend the advancement of good, or the avoidance of evil. Hence Augustine says (De Verb. Dom. [*The words quoted are to be found not in St. Augustine's works, but Can. Apud. Caus. xxiii, qu. 1]): "True religion looks upon as peaceful those wars that are waged not for motives of aggrandizement, or cruelty, but with the object of securing peace, of punishing evil-doers, and of uplifting the good." For it may happen that the war is declared by the legitimate authority, and for a just cause, and yet be rendered unlawful through a wicked intention. Hence Augustine says (Contra Faust. xxii, 74): "The passion for inflicting harm, the cruel thirst for vengeance, an unpacific and relentless spirit, the fever of revolt, the lust of power, and such like things, all these are rightly condemned in war."

Reply Obj. 1: As Augustine says (Contra Faust. xxii, 70): "To take the sword is to arm oneself in order to take the life of anyone, without the command or permission of superior or lawful authority." On the other hand, to have recourse to the sword (as a private person) by the authority of the sovereign or judge, or (as a public person) through zeal for justice, and by the authority, so to speak, of God, is not to "take the sword," but to use it as commissioned by another, wherefore it does not deserve punishment. And yet even those who make sinful use of the sword are not always slain with the sword, yet they always perish with their own sword, because, unless they repent, they are punished eternally for their sinful use of the sword.

Reply Obj. 2: Such like precepts, as Augustine observes (De Serm. Dom. in Monte i, 19), should always be borne in readiness of mind, so that we be ready to obey them, and, if necessary, to refrain from resistance or self-defense. Nevertheless it is necessary sometimes for a man to act otherwise for the common good, or for the good of those with whom he is fighting. Hence Augustine says (Ep. ad Marcellin. cxxxviii): "Those whom we have to punish with a kindly severity, it is necessary to handle in many ways against their will. For when we are stripping a man of the lawlessness of sin, it is good for him to be vanquished, since nothing is more hopeless than the happiness of sinners, whence arises a guilty impunity, and an evil will, like an internal enemy."

Reply Obj. 3: Those who wage war justly aim at peace, and so they are not opposed to peace, except to the evil peace, which Our Lord "came not to send upon earth" (Matt. 10:34). Hence Augustine says (Ep. ad Bonif. clxxxix): "We do not seek peace in order to be at war, but we go to war that we may have peace. Be peaceful, therefore, in warring, so that you may vanquish those whom you war against, and bring them to the prosperity of peace."

Reply Obj. 4: Manly exercises in warlike feats of arms are not all forbidden, but those which are inordinate and perilous, and end in slaying or plundering. In olden times warlike exercises presented no such danger, and hence they were called "exercises of arms" or "bloodless wars," as Jerome states in an epistle [*Reference incorrect: cf. Veget., De Re Milit. i]. _______________________

SECOND ARTICLE [II-II, Q. 40, Art. 2]

Whether It Is Lawful for Clerics and Bishops to Fight?

Objection 1: It would seem lawful for clerics and bishops to fight. For, as stated above (A. 1), wars are lawful and just in so far as they protect the poor and the entire common weal from suffering at the hands of the foe. Now this seems to be above all the duty of prelates, for Gregory says (Hom. in Ev. xiv): "The wolf comes upon the sheep, when any unjust and rapacious man oppresses those who are faithful and humble. But he who was thought to be the