stly, certain precepts are given
relating to home life: for instance, about servants, wives and
children: this is the fourth part of the judicial precepts.
Reply Obj. 1: Things pertaining to the ordering of relations between
one man and another are indeed infinite in number: yet they are
reducible to certain distinct heads, according to the different
relations in which one man stands to another, as stated above.
Reply Obj. 2: The precepts of the decalogue held the first place in
the moral order, as stated above (Q. 100, A. 3): and consequently it
is fitting that other moral precepts should be distinguished in
relation to them. But the judicial and ceremonial precepts have a
different binding force, derived, not from natural reason, but from
their institution alone. Hence there is a distinct reason for
distinguishing them.
Reply Obj. 3: The Law alludes to the division of the judicial
precepts in the very things themselves which are prescribed by the
judicial precepts of the Law.
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QUESTION 105
OF THE REASON FOR THE JUDICIAL PRECEPTS
(In Four Articles)
We must now consider the reason for the judicial precepts: under
which head there are four points of inquiry:
(1) Concerning the reason for the judicial precepts relating to the
rulers;
(2) Concerning the fellowship of one man with another;
(3) Concerning matters relating to foreigners;
(4) Concerning things relating to domestic matters.
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FIRST ARTICLE [I-II, Q. 105, Art. 1]
Whether the Old Law Enjoined Fitting Precepts Concerning Rulers?
Objection 1: It would seem that the Old Law made unfitting precepts
concerning rulers. Because, as the Philosopher says (Polit. iii, 4),
"the ordering of the people depends mostly on the chief ruler." But
the Law contains no precept relating to the institution of the chief
ruler; and yet we find therein prescriptions concerning the inferior
rulers: firstly (Ex. 18:21): "Provide out of all the people wise
[Vulg.: 'able'] men," etc.; again (Num. 11:16): "Gather unto Me
seventy men of the ancients of Israel"; and again (Deut. 1:13): "Let
Me have from among you wise and understanding men," etc. Therefore
the Law provided insufficiently in regard to the rulers of the people.
Obj. 2: Further, "The best gives of the best," as Plato states (Tim.
ii). Now the best ordering of a state or of any nation is to be ruled
by a king: because this kind of government approaches
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