s kind must
nowise be observed, because, as stated in Acts 5:29, "we ought to
obey God rather than man."
Reply Obj. 1: As the Apostle says (Rom. 13:1, 2), all human power is
from God . . . "therefore he that resisteth the power," in matters
that are within its scope, "resisteth the ordinance of God"; so that
he becomes guilty according to his conscience.
Reply Obj. 2: This argument is true of laws that are contrary to the
commandments of God, which is beyond the scope of (human) power.
Wherefore in such matters human law should not be obeyed.
Reply Obj. 3: This argument is true of a law that inflicts unjust
hurt on its subjects. The power that man holds from God does not
extend to this: wherefore neither in such matters is man bound to
obey the law, provided he avoid giving scandal or inflicting a more
grievous hurt.
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FIFTH ARTICLE [I-II, Q. 96, Art. 5]
Whether All Are Subject to the Law?
Objection 1: It would seem that not all are subject to the law. For
those alone are subject to a law for whom a law is made. But the
Apostle says (1 Tim. 1:9): "The law is not made for the just man."
Therefore the just are not subject to the law.
Obj. 2: Further, Pope Urban says [*Decretals. caus. xix, qu. 2]: "He
that is guided by a private law need not for any reason be bound by
the public law." Now all spiritual men are led by the private law of
the Holy Ghost, for they are the sons of God, of whom it is said
(Rom. 8:14): "Whosoever are led by the Spirit of God, they are the
sons of God." Therefore not all men are subject to human law.
Obj. 3: Further, the jurist says [*Pandect. Justin. i, ff., tit. 3,
De Leg. et Senat.] that "the sovereign is exempt from the laws." But
he that is exempt from the law is not bound thereby. Therefore not
all are subject to the law.
_On the contrary,_ The Apostle says (Rom. 13:1): "Let every soul be
subject to the higher powers." But subjection to a power seems to
imply subjection to the laws framed by that power. Therefore all men
should be subject to human law.
_I answer that,_ As stated above (Q. 90, AA. 1, 2; A. 3, ad 2), the
notion of law contains two things: first, that it is a rule of human
acts; secondly, that it has coercive power. Wherefore a man may be
subject to law in two ways. First, as the regulated is subject to the
regulator: and, in this way, whoever is subject to a power, is
subject to the law framed by that power. But it may happen in
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