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(c) The author of both laws is God. But, while the Old Law was announced through God's servants as the preparatory dispensation, the New Law was proclaimed by the Son of God Himself as the final economy of human salvation: "God, who at sundry times spoke in times past to the fathers by the prophets, last of all in these days hath spoken to us by His Son, whom He hath appointed heir of all things" (Heb, ii. 1).

348. Differences in the Precepts of the Two Laws.—(a) There is no opposition between the commandments of the two Laws; for the ceremonial and judicial precepts of the Old Law, which contained figure and prophecy, are fulfilled in the precepts of Christ, while the moral laws of the Old Testament are confirmed and perfected by the moral laws of Christ: "I am not come to destroy, but to fulfill" (Matt., v. 17).

(b) There is no substantial difference between the faith and works of the two Testaments. For, that which is now believed explicitly and clearly, was believed implicitly and in figure in the Old Testament, and the greater things that now are commanded were contained germinally in the precepts of the Old Law.

349. The Old and the New Law Compared as to Difficulty.—(a) If we consider the difficulty that arises from the fulfillment of external works, the Old Law was much more difficult. For while the Law of Moses imposed numerous and complicated ceremonies and observances, the Law of Christ commands but few and simple rites. Of the Old Law St. Peter says that it was a yoke, "which neither our fathers nor we have been able to bear" (Acts, xv. 10)—that is, it was extremely burdensome; but of His own Law Christ says: "My yoke is sweet, and My burden light" (Matt, xi. 30). Even the additions made by Christ to the Old Law (e.g., the prohibition against divorce) really facilitate that which the Old Law itself intended—viz., the perfection of man. Hence, the Old Law is the law of servitude; the New Law, the law of liberty.

(b) If we consider the difficulty that arises from internal works, or the dispositions and motives with which precepts are to be fulfilled, the New Law is more difficult; for it inculcates a loftier piety and gives more attention to the spirit with which God is to be worshipped. But, since love is the all-inclusive commandment of Christ, and since gladness and fervor are easy to the lover, the commandments of Christ "are not heavy" (I John, v. 3).

350. The External Works Commended by Christ.—(a) Since the New Law is the law of grace, it commands only those things by which we are brought to grace, or by means of which we make use of grace already received. We receive grace only through Christ, and hence there are commandments regarding the Sacraments; we make right use of grace by faith that worketh through charity, and hence there are the precepts of the Decalogue to be kept.

(b) Since the New Law is the law of liberty, it does not determine the details of the moral law, nor prescribe minutely how we must worship God and observe justice to others, as was done in the ceremonial and judicial laws of the Old Testament. Minor dispositions of this kind have no necessary relation to internal grace, being morally indifferent. Hence, Christ left many things free, to be determined later according to conditions, either by the individual (in personal matters) or by the spiritual or temporal authority (in matters of public concern). It is contrary to the spirit of the Gospel, however, that mankind should be oppressed with numerous and burdensome observances.

351. The Internal Works Commanded by Christ.—In the Sermon on the Mount were given the commandments of the New Law that summarize the entire duty of the Christian as to his internal acts: "Everyone that heareth these My words, and doeth them, shall be likened to a wise man that built his house upon a rock" (Matt., vii. 24). Thus, there are: (a) internal acts commanded as regards our own wills and purposes (we must avoid not only external, but also internal sins and the occasions of sin; we must not only do good, but we must have a good motive, not placing our end in human applause or riches); (b) internal acts commanded as regards our neighbor (we must not judge him rashly, unjustly, presumptuously; nor must we trust him imprudently); (c) interior dispositions with which we must perform our duties (we must avoid inordinate cares, imploring and expecting the divine assistance; but we must also avoid carelessness, having our minds set on the narrow way, and eschewing seductions).

352. The Teaching of Christ on the Three Classes of Precepts: Moral, Ceremonial and Judicial.—(a) As regards the moral precepts (i.e., the Decalogue or Natural Law), not one jot or tittle was to pass away. But so little was the soul of these precepts then recognized that Christ gave a new commandment of love, by which His followers were to be known; and He reduced the whole law to the two commandments of love of God and love of our neighbor.

(b) As regards the ceremonial precepts (i.e., the forms of Jewish worship), these were to be superseded. Christ declared the manner in which God was to be worshipped, namely, in spirit and in truth. He instituted the Sacrifice of the New Testament, appointed the ritual of the Sacraments (e.g., of Baptism and the Eucharist), and taught a form of prayer which was to be used by His disciples. Other things He left to be determined by the Church.

(c) As regards the judicial precepts (i.e., the civil laws of the theocratic nation), these ceased to be necessary with the coming of Christ, whose Kingdom is spiritual and with whom there is no distinction of Jew or Gentile, since His law is for all. In fact, with the destruction of Jerusalem in A.D. 70, foretold by Christ, both the Temple worship and the separate national life of Israel came to an end. In correcting the false interpretations which the Pharisees put upon various judicial precepts of their law (e.g., in showing them that the law of retaliation and the law that public enemies should be put to death did not authorize revenge and hatred), Christ indicated the spirit that should animate all civil laws, namely, love of justice. He left it to the wisdom of future lawgivers to apply the rule of justice to the relations between man and man, nation and nation, as circumstances would require.

353. The precepts by which Christ established the primacy of the Pope and the hierarchy may be called judicial. But the details of this constitution He left the Church to determine.

354. The Duration of the Law of Christ.—(a) The Beginning.—The New Law was given through the revelation made by Christ and the Holy Ghost to the Apostles; it was ratified at the Last Supper and in the death of Christ, when the New Testament was proclaimed and the Old Testament came to an end; it was promulgated, first at Jerusalem on the day of Pentecost, and later throughout the world by the preaching of the Apostles.

(b) The End.—The Law of Christ continues till the end of time; for this generation—that is, this last period of world history under the Christian dispensation—shall not end until Christ returns to judge mankind; "Behold, I am with you all days, even unto the consummation of the world" (Matt., xxviii. 20).

355. The Subjects of the Law of Christ.—(a) The Law of Christ is for all: "Going, therefore, teach ye all nations. teaching them to observe all things whatsoever I have commanded you" (Matt., xxviii. 19).

(b) The Law of Christ does not oblige all in the same way. Those outside Christianity are obliged directly by the commands to believe and to be baptized. Christians are obliged directly by the laws of faith and works accepted in Baptism.

356. Ignorance of the Law of Christ.-(a) Outsiders may be in invincible ignorance of the Law of Christ. For many persons through no fault of their own, in times past or even today, have not heard the Gospel message: "How shall they believe Him of whom they have not heard?" (Rom, x. 14).

(b) Christians may be in invincible ignorance of the Law of Christ. For, just as want of a preacher causes a pagan to be invincibly ignorant of the necessity of Baptism, so a lack of instruction in Christian doctrine might leave a baptized person inculpably ignorant (e.g., of the duty of receiving the Eucharist).

357. Dispensation from the Law of Christ.—(a) Its Possibility.—It cannot be denied that Christ could have dispensed from the positive precepts of His law, either directly or through His Church; for those precepts depend on His will, and, like every other legislator, He can relax His law or delegate others to do so.

(b) Its Reality.—Some believe that Christ granted dispensations from His Law (e.g., that He freed the Blessed Virgin and the Apostles from the duty of receiving Baptism, that he authorized the Apostles to give Baptism without mentioning the Trinity), but these opinions seem unlikely and are not well supported. Some also believe that the power of loosing granted the Church (Matt., xvi. 19) includes the power of dispensing from the Law of Christ. The contrary, however, seems more probable. For the power of loosing is certainly limited to such matters as the good of the Church and of souls requires, and it is more advantageous for the Church and its members that the laws given by Christ Himself should be absolutely unchangeable, in order that the unity of the Church and its dependence on its Founder may be more manifest.

On the other hand, the alternate opinion has solid grounds and arguments, and merits due consideration. Some authors distinguish a twofold law of Christ; (a) absolute, that which obliges immediately and of itself independently of any action of man; e.g., the law concerning the necessity of Baptism or determining bread and wine as the matter of the Eucharist; (b) hypothetic, which presupposes some human action; e.g., the law of the indissolubility of matrimony which urges after man has freely willed to be bound by the laws of matrimony. Similarly, the binding force of vows presupposes the taking of the vow.

As to the absolute law, no human authority may dispense from it. As already indicated, the good of the Church, its unity and stability, seem to demand an unchangeable law. In regard to the hypothetical law, many of the more modern authors assert that the Holy Pontiff can at times dispense. The power of loosing implies a power of dispensing in the Church which has been used in particular cases; e.g., ratum et non consummatum matrimony. Moreover, the power to dispense seems extremely useful and almost necessary for the prudent and wise governing of the Church. For, with a change of circumstances an individual might be impeded from doing a greater good because of a preceding act of will; e.g., one might be impeded from embracing the religious life because of a prior vow to remain in the world to assist in Catholic Action (see Fanfani, O.P., Theol. Moral. Manuale, Vol. I, n. 134).

358. Interpretation of the Law of Christ.-(a) Private interpretation (epieikeia or equity) is used in extraordinary cases, not foreseen by the lawgiver, and it declares that a particular case does not fall under the Law. This kind of interpretation applies only to human laws, since God foresees things not only universally, but also in particular (cfr. on Natural Law, 315). (b) Public interpretation of the Law of Christ is made by the Church, in virtue of the commission: "Teach all things whatsoever I have commanded" (Matt, xxviii. 20).

359. Public Interpretation of the Law of Christ—(a) The Church is able to give a declarative interpretation of the Positive Divine Law—that is, to explain its meaning, to show what cases are comprehended in the law, what cases are not, when one is obliged, when one is excused, etc. Example: The Church interprets the doctrine of Christ on the indissolubility of marriage, explaining when the bond is absolutely indissoluble, the conditions under which it may sometimes be dissolved, etc.

(b) The Church is able to give determinative interpretation of the Positive Divine Law—that is, to settle in what manner a law must be fulfilled. Examples: Christ gave the command that the Eucharist should be received, but it was the Church that determined when and how often one must receive Communion to comply with the wishes of Christ. Christ instituted only generically the essential rite of some Sacraments, leaving it to the Church to determine the rite more specifically.

360. The Law of Christ and Impossibility.—(a) Impossibility does not excuse from a law, in which an act is necessary not because it is prescribed, but is prescribed because it is a necessary means without which, even if one be not guilty of negligence, salvation cannot be had (necessity of means). Example: Infants who die without Baptism are not held guilty of neglecting the Sacraments, but lack of it deprives them of the supernatural bliss promised by Christ. Only Baptism confers regeneration, and only the regenerated are capable of the vision of God.

(b) Impossibility can excuse from a law in which an act is necessary because it is prescribed, and which therefore makes one guilty of sin, if one willfully neglects it (necessity of precept). Example: An adult who dies without the Eucharist cannot be saved if he was guilty of grave negligence; but he can be saved, if it was not his own fault that he did not receive Holy Communion. The Eucharist increases supernatural life, but inculpable lack of it does not exclude from that life.

361. Impossibility—or what is called impossibility—does not always excuse even from those divine laws which have only the necessity of precept.

(a) Physical impossibility is the lack of power to perform an act; for example, it is physically impossible for a blind man to read. This kind of impossibility, of course, excuses from guilt and punishment. Example: Titus is dying and thinks of the command that he should receive Viaticum. But he is unable to receive Communion without vomiting. Hence, in his case the impossibility excuses from the divine command.

(b) Moral impossibility is the inability to perform an act without serious inconvenience; for example, it is morally impossible for one who has weak eyes to read small print. This kind of impossibility does not excuse, if a greater evil will result from the non-observance of the law than the evil of inconvenience that will result from its observance. Examples: Eleazer would not eat the meats forbidden by the law of Moses, preferring to die rather than give public scandal (II Mach., vii. 18). The command of Christ that pastors minister to their flocks obliges, even if it involves danger of death, when there is a great public necessity (as in time of pestilence) or an urgent private necessity (as when an infant is about to die without Baptism).

362. Moral impossibility excuses from divine laws that have only necessity of precept, if the inconvenience is serious, even when compared to the evil of violating the law; for God does not wish commands freely instituted by His will to oblige more rigorously than the commands of the Natural Law (see 289, 317). Examples: Christ excused David for eating the loaves of proposition (which was forbidden by the law of Moses) on account of urgent necessity. A most grave external inconvenience excuses from the law of integrity of confession (see Vol. II).

363. What is the nature of the Church's action in dissolving the bond of marriages that are not ratified, or not consummated after ratification (see Vol. II), with reference to Christ's law of indissolubility? (a) Some see in this an application of other divine laws that limit the law of indissolubility, and that were enunciated by Christ Himself in His teaching on the supremacy of faith over other bonds, the superiority of virginity to marriage, the power of the Church in loosing, etc. (b) Others see in this an interpretation, declarative or expansive, of the law of indissolubility. (c) Still others regard these dissolutions as a removal of the proper matter of the obligation contracted through the act of the human will (cfr. the Natural Law, 312). The power of loosing would apply here as in the case of vows. Some authors call this removal of matter "annulment of act," "remission of debt," "permission"; while others call it "dispensation" (see 314). Those who consider the dissolution of ratum non consummatum matrimony as "dispensation" list the law of indissolubility as hypothetical positive law (see 357).

364. Counsels.—In addition to its precepts (which are obligatory), the New Law contains counsels, which are optional, but which are expressly recommended.

365. A counsel is a moral direction by which one who is willing is advised to prefer a higher to a lower good, in order thereby to tend more efficaciously towards perfection and to merit a greater reward.

(a) A counsel is not something commanded. Example: Our Lord's direction to the disciples on their first mission that they should not carry their sustenance with them was required as a duty that they might learn to trust in Providence. Hence, it was not a counsel.

(b) A counsel is not everything good that is not commanded. Example: Marriage is not commanded to all, but it is not a counsel, since the opposite good, viz., celibacy, is better (I Cor., vii. 38).

366. That which is only counselled as to its actual performance, is commanded as to its acceptance by the will for a case of necessity. Example: Our Lord's direction that good be done to personal enemies does not command that one actually confer favors on them outside of the case of necessity (this is only counselled), but only that one be so charitably inclined that one is ready to help even a personal enemy who is in serious need.

367. The superiority of the counsels may be seen from the attitudes men take to the goods of this world.

(a) Some are taken up entirely with the things of earth, making temporal goods the end of life and the standard of action. These do not keep the Commandments and cannot be saved.

(b) Some use the goods of this world not as ends, but as subordinate to things that are higher. These keep the Commandments and will be saved; but their solicitude about temporal concerns lessens the attention they could give to things of the spirit.

(c) Some renounce entirely the goods of this life, in order to give themselves as completely as possible to the things of God. These observe the counsels, and can more readily attain to holiness and salvation; for, being freed from numerous cares about earthly things, they can devote themselves more easily and earnestly to things that are heavenly.

368. The Three Counsels.—There are many counsels given in the Gospels, but all can be reduced to three, according to the three chief earthly goods that may be surrendered, and the three kinds of temptation that come from those goods.

(a) The counsel of poverty requires that one give up entirely external goods or wealth, from which comes the concupiscence of the eyes: "If thou wilt be perfect, go sell what thou hast, and give to the poor, and thou shalt have treasure in heaven" (Matt, Xix. 21).

(b) The counsel of chastity requires that one renounce entirely carnal goods of pleasure, from which arise the concupiscence of the flesh: "He that giveth his virgin in marriage, doth well; and he that giveth her not, doth better" (I Cor., vii. 38).

(c) The counsel of obedience requires that one deny oneself the good of the soul which is one's own will, from which comes the pride of life: "Come follow Me" (Matt, xix. 21).

369. The counsels can be followed in two ways. (a) They are followed completely, when one accepts them as a rule for one's whole life, as is done by those who embrace the state of perfection in the religious life, taking by vow the three evangelical counsels of poverty, chastity and obedience. (b) They are followed partially when one practises them in particular instances. Examples: A wealthy man who gives to the poor when there is no obligation to do so, practises the counsel of poverty in that case. A person who renounces his own legitimate wishes in some matter, practises the counsel of obedience in that case, as when he confers some favor on one who has offended him, or pardons a debt. Married persons who practise conjugal abstinence for the sake of religion, follow a counsel of chastity (I Cor., vii. 5).

Art. 4: HUMAN LAW

(Summa Theologica, I-II, qq. 95–97.)

370. Definition.—Since human perversity often needs a check in regulations that are not expressly contained in the Natural or in the Divine Law, other laws must be made by society, drawn from those higher laws as conclusions or added to them as determinations, in order to meet special circumstances and necessities.

371. Division of Human Laws.-Human laws are variously divided.

(a) According to the difference of legislators, laws are either ecclesiastical or civil.

b) According to their mode of derivation from the Natural Law, laws belong either to the law of nations (jus gentium) or to civil law. To the jus gentium belong those laws which are derived from the Natural Law as conclusions from premises, e.g., the right to private property without which men cannot live peacefully in society. To civil law belongs whatever is derived from Natural Law by way of positive determination by a legislator; e.g., Natural Law dictates that the evil-doer be punished; but that the punishment take a particular form, imprisonment, exile, death, is a determination depending upon the will of the legislator.

The jus gentium is not international law which derives its force and sanction from the free will of the legislator. The law of nations is common to all men and derives its force from the conviction of men that such a law is demanded for the good of mankind. It is not a secondary precept of the Natural Law which is derived from the primary precepts necessarily. Rather it is based upon a contingent set of circumstances; it does not spring from man's nature absolutely considered, but from the way in which man acts and reacts in his society.

(c) According to the difference of their objects, laws are either affirmative (i.e., preceptive) or negative (i.e., prohibitive). An affirmative law obliges always, but not for every occasion; a negative law obliges always, and for every occasion. Example: The Third and Fourth Commandments are always in force, but it is not necessary to elicit a positive act of compliance at every instant. The other Commandments, which are negative, are not only in force always, but it is necessary at every instant to omit what they forbid.

(d) According to the obligation which they impose, laws are either moral, penal, or moral-penal. Moral laws oblige under pain of sin, penal laws under pain of punishment, moral-penal laws under pain of both.

(e) According to their inclusiveness, laws are either personal or territorial. The former affect the person for whom the law is made, and oblige him even when he is outside the territory of the lawgiver. The latter affect the territory, and hence do not oblige a subject when he is outside the territory affected by the law.

(f) According to their effect, prohibitive laws are either merely prohibitive or irritant. The former make what is forbidden illegal, the latter make it also void.

372. Qualities.—The objects or content of human law must be of such a character: (a) that they do not conflict with the Natural or the Divine Law; (b) that they be beneficial to the community for which they are made.

373. Laws fail to be of public benefit in such cases as the following: (a) if they are made without a broad view of the public good, which has regard for different classes of people and various interests, and which provides for the future as well as for the present; (b) if, losing sight of the fact that the majority are not perfect in virtue, the lawgivers require so much that the law falls into contempt, and graver evils result than would have happened otherwise. Hence, it is advisable that human laws confine their prohibitions to graver misdeeds, especially those that are harmful to others and to society, and restrict their commands to such good acts as promote the common weal. Multiplicity of laws, excessive penalties for minor offenses, cruel and unusual sanctions, lead to lawlessness.

374. Human laws should not prescribe what is too difficult.

(a) They should not prescribe heroic virtue, unless the common safety demands it, or a subject has voluntarily obliged himself to it. Example: Soldiers in war and pastors in time of pestilence must expose themselves to danger of death; but for ordinary occasions the law should not oblige one to risk one's life or other great good.

(b) They should not prescribe agreement with the mind of the legislator or a virtuous performance of what is prescribed, unless the thing ordered itself demands this. Examples: The law of annual Confession and of the Easter Communion requires, not only that these Sacraments be received, but that they be received worthily, for an unworthy Confession is no Sacrament, and an unworthy Communion does not satisfy the command of Christ, of which the Church command is but a determination. On the other hand, the Lenten fast observed by one who is not in the state of grace is an act good in itself and satisfies the law. He who hears Mass on a holyday, not knowing that it is a holyday, satisfies the obligation, though he had no intention of fulfilling it.

375. Obligation of Human Laws.—All human laws that are just, whether they be ecclesiastical or civil, made by believers in God or unbelievers, are obligatory in conscience, (a) From the beginning the Church has made laws and imposed them as obligatory (Acts, xv. 29; I Cor., vi. 4; I Cor., xi. 5; I Tim., v. 9–12), and has recognized as obligatory the laws of the State, without regard to the moral or religious qualifications of the rulers (I Peter, ii. 13–16; Rom., xiii. 1–7).

(b) Human laws are necessary. The Natural Law does not prescribe definite penalties, while the Positive Divine Law prescribes only such as are remote and invisible; and hence, if there were no human laws holding out the threat of determined and present punishments, the Divine laws would be contemned. Moreover, since the higher laws are sometimes unknown, or prescribe no time, place or manner of accomplishment, or do not command things that would be useful for their observance, it is necessary that there be laws made by man to secure the better knowledge and fulfillment of the laws given by God Himself.

376. A human law is unjust in two ways:

(a) if opposed to the rights of God. Examples: The command of Pharaoh that the Hebrew male children be murdered (Exod., i. 17), the command of Antiochus that his subjects sacrifice to idols (I Mach., ii. 16–20), the command of the Sanhedrin that the Apostles should cease to preach (Acts, v. 29);

(b) if opposed to the rights of man. This happens in three ways: First, when the purpose of the law is not the common good, as when the lawgiver seeks only his own profit or glory; secondly, when the maker of the law has not the requisite authority; thirdly, when the law itself, although for the common good and made by competent authority, does not distribute burdens equally or reasonably among the people. Examples: Achab and Jezabel, in the affair of the vineyard of Naboth, had in view not the public, but their own private benefit (III Kings, xvi). The sentence of death pronounced on our Lord by the Sanhedrin was illegal, because, among other reasons, the body was not assembled according to law, and hence had no authority to give sentence. The commands given the Israelites by Pharaoh (Exod., v. 18), and to their subjects by Oriental despots (I Kings, viii), were unjust, because the former discriminated against the Israelites, and the latter bore down too heavily on all the people. The former civil laws that prescribed the same penalty of hanging for a slight misdemeanor (such as the theft of a loaf of bread by a boy) as for the capital crimes of piracy or murder, the Stamp Act of George III, and some modern laws that sentence to life imprisonment those who have been four times convicted of slight offenses, are more recent examples of unjust laws.

377. Obedience to unjust laws is not obligatory in the following cases. (a) If a law is opposed to the rights of God, it is not lawful to do what that law commands or permits, nor to omit what it forbids. Examples: If a law permits one to practise polygamy, or commands one to blaspheme religion, one may not use the permission or obey. If a law forbids one to give or receive Baptism, it has no force. (b) If a law is certainly opposed to the rights of man in any of the three ways mentioned in the previous paragraph (376, b), it does not of itself oblige in conscience, since it lacks some essential condition of a true law, and even the consent of the majority or of all does not make it just. However, it may oblige accidentally, on account of the greater evils that would follow on disobedience, such as scandal, civil disturbances, etc. The duty of subjects is to remonstrate against such a law and to work for its repeal.

378. The obligation of all laws is not the same in kind, or degree. (a) Moral laws oblige one to do what is commanded or to omit what is forbidden, as a duty owed in conscience; hence, he who violates a law of this kind is guilty of moral fault. Penal laws oblige one to follow what they prescribe, if one would be free from guilt before the law and not liable in conscience to the penalty prescribed; hence, he who violates a penal law is guilty of juridical fault, and, if he further illegally resists the penalty, he becomes guilty also of moral fault. (b) Moral laws are not all of the same obligatory force, some of them obliging under grave sin, others under venial sin.

379. The following human laws are recognized as moral laws: (a) ecclesiastical laws, with few exceptions; (b) civil laws that confirm the Eternal or Divine Law, or that pertain directly to the common welfare, such as the laws that determine the duties of public officials, the rights of inheritance, etc.

380. The following human laws are generally regarded as merely penal: (a) ecclesiastical laws which expressly state that their observance is not required under pain of sin (e.g., the statutes of many Religious Orders); (b) civil laws of minor importance, or which the legislator imposes as a purely civil duty (e.g., some traffic regulations).

381. Moral laws oblige under grave sin if the two following conditions are present: (a) if the thing prescribed by the law is of great importance, because of its nature or circumstances; (b) if the lawgiver intended to impose a grave obligation.

382. A matter of light moment cannot be made the object of a law that binds under grave sin, for this would impose an intolerable burden, and would thus be contrary to the common good. What is unimportant in itself, however, may become important on account of its purpose or other circumstance.

383. The intention of the legislator to impose a grave moral obligation is recognized either: (a) from his own declaration, as when a church law is commanded under threat of the divine judgment; or (b) from circumstances that indicate such an intention, such as the gravity of the subject-matter of the law or the kind of penalty it prescribes, the general opinion of authorities, or the common practice of the community.

384. By obliging to the observance of what they command and the avoidance of what they forbid, laws indirectly oblige to what is necessary for such obedience. (a) Hence, the law obliges one to make use of the ordinary means for its fulfillment. Examples: He who has not used ordinary diligence to know the law, sins against the law if he violates its prescriptions. He who eats meat on a day of abstinence, because he neglected to provide himself with other food, is guilty of sin. (b) The law obliges one to use sufficient diligence in removing impediments to its fulfillment or dangers of its violation. Examples: The law of hearing Mass on Sunday obliges one not to stay up so late on Saturday that fulfillment will be impossible. The law of fasting obliges one to avoid dangerous occasions of its violation.

385. Interpretation.—Though laws are carefully framed as to language, doubts about their meaning will often arise—in ordinary cases, because of lack of understanding or changes of conditions, and in extraordinary cases, because from the circumstances the law seems inapplicable. Hence the need of explaining the law, which is done in ordinary cases by interpretation, in extraordinary cases by epieikeia (see 411 sqq.).

386. Interpretation is a genuine explanation of the law, that is, one that states the meaning of the words of the law according to the intention the lawgiver had in mind when he chose them. It is of various kinds.

(a) According to the author from whom it proceeds, interpretation is authentic, if it comes from the lawgiver himself or from another authorized by him; it is usual, if it comes from common usage (i.e., from the manner in which the law is customarily observed); it is doctrinal, if it is made by learned men according to the rules of correct exegesis,

(b) According to the effect, interpretation is declarative, if it clears up what was obscure in the law; it is supplementary, if it extends or limits the law, by adding to or subtracting from the cases included under it.

(c) According to the manner in which it is made, interpretation is strict or wide, Strict interpretation gives to a word of law that least inclusive and most proper signification it bears (e.g., it understands "son" to stand for son by birth). Wide interpretation gives to a word a more inclusive and less proper signification (e.g., it understands "son" to stand for son by birth or by adoption).

387. Those Subject to Law.—Only those are morally obliged to observe human law who are subjects of the lawgiver and who have the use of reason. (a) Those who are not subjects in any sense are not bound, for to obligate by law is an act of authority and jurisdiction; (b) those who have not reached the age of reason, or who are habitually insane, are not themselves morally bound, since they are incapable of moral obligation. Of course, they may be restrained as to acts, and their rights may be determined.

388. The lawgiver himself, even though not subject, is held to observe the laws he makes. Thus: (a) if the lawmaking power resides in a legislative assembly, each legislator is subject to the body and hence to its laws; (b) if the lawmaking power is vested in an individual, he is not subject to the coactive force of his own laws, since he cannot punish himself; but he is subject to their directive force, inasmuch as the higher law of nature requires that the superior show good example by observing what he requires of others.

389. Change of Law.—The growth of knowledge and experience, or the change of social circumstances, requires now and then that human laws be improved or adapted to new conditions. But, since laws derive a great part of their influence from custom, they should not be changed unless the break with custom is compensated for by the urgent necessity of the new law, by its manifest advantage, or by the evident iniquity or harmfulness of the old law, In brief, the common good should be the norm by which to decide whether a law should be retained or changed.

390. Constitutional law, as being fundamental and organic, is more immutable than ordinary law. (a) If given to a society established according to the positive ordinance of a superior, it cannot be abrogated or modified by the legislative authority of that society, since this would be contrary to the will of the founder. Hence, the Church has no power to change the fundamental constitution given her by Christ, who prescribed the religious society as established by Him to be necessary. (b) If a constitutional law is given to a society which is perfect and necessary from the law of nature, such constitution can be modified for extraordinary reasons and in the special ways provided (e.g., by amendments approved by the people).

391. The Law of Custom.—Custom (i.e., a long-continued practice that has acquired binding force) is able to establish a new law or to do away with an old law. For the will of the lawgiver is manifested not only by words, as happens in the written law, but also and more clearly by repeated and continued acts, as happens in the case of the unwritten law of custom. In a democracy it is the consent of the people who follow the custom as law that imposes the obligation; in a monarchy it is the consent of the ruler who permits the custom.

392. With reference to their legal effects, there are three kinds of customs: (a) customs according to the law, which are those that confirm by use an existing law; in this way custom interprets law (see 386); (b) customs beside the law, which are those that introduce a new obligation that is not prescribed by any written law; in this way custom establishes law; (c) customs contrary to law, which are those that remove the obligation of a previous law; in this way custom repeals, at least in part, the law to which it is opposed.

393. Custom has not the power to establish or repeal a law, unless it possesses the requisites of law itself (see 285). Hence arise the following conditions:

(a) Since the exercise of the legislative power requires freedom, customs do not possess legal force unless they have been practised freely. Hence, a custom that has been established by force does not suffice;

(b) Since laws can be made only for perfect societies, customs have not the force of law, unless they are practised by a perfect society, or by a majority of its members who are representative. Hence, a custom observed by a family or by a minority of the voters in a body that has its own jurisprudence has not the status of law;

(c) Since laws must proceed from competent authority, customs do not make or unmake law, unless they have the approval of the ruling power. In a society where the legislative function rests with the people (e.g., in the ancient democracy of Athens), the fact that they follow a custom with the purpose of enacting it into law or of using it against an existing law is sufficient approval. But if the supreme power is not with the multitude, their customs do not obtain the force of legislative acts, unless approved by the constituted authority;

(d) Since law needs to be promulgated, a custom, to have the effect of law, must be practised by public acts through which it becomes known to the people as a whole.

394. Customs that have the other requisite conditions begin to be obligatory or derogatory as soon as the approval of competent authority is had. (a) If the approval is given expressly, the custom has the force of law at once; (b) if it is given tacitly, inasmuch as the lawgiver, knowing the custom and being under no restraint, does not disapprove, the custom has the force of law as soon as tacit consent is recognized by the learned and prudent; (c) if it is given by the law itself, which explicitly accepts reasonable customs, the custom has the force of law when it has lasted for ten years, or other length of time prescribed.

395. If the superior disapproves of a custom or maintains diplomatic silence for fear of greater evils, his consent is withheld, and the custom cannot be deemed as of legal force.

396. There are other conditions necessary that a custom may acquire the force of law. (a) Since a law is an ordinance knowingly imposed by the will of the legislator, a custom does not constitute a law if it is followed through the erroneous conviction that it is already a law, or if there is nothing to indicate a will to make it obligatory. Signs of the intention to raise a custom to the dignity of a law are the punishment of transgressors of the custom, the observance of the custom even at the cost of great inconvenience, the opinion of the good that it should be followed, etc. (b) Since a law cannot prescribe except what is reasonable and for the common good, a practice opposed to the Natural or Divine Law, or expressly reprobated by written law as an abuse, or one that is injurious to the welfare of the community, cannot become unwritten law through custom.

397. There are special conditions in order that a custom may do away with an existing law. (a) A written law is not repealed unless the legislator wills to take away its obligation, and hence desuetude or a custom contrary to law does not abrogate a law unless it manifests a purpose not to be obligated by what the law prescribes. This it does if the whole people regard a certain law as a dead letter, or feel that circumstances or the common welfare require the opposite of what the law requires, and have no scruple in acting uniformly according to this conviction.

(b) A written law is not repealed, if it is immutable, or if a change would be prejudicial to the common interest; similarly, therefore, a custom cannot abolish a law, unless this law is one that can be abrogated by human acts, and that is not essential to the public good. Hence, customs contrary to the Commandments or to the Law of Christ, customs that are expressly condemned in Canon Law as corruptions, customs that encourage lawlessness or afford occasions of sin, can never do away with a law, no matter how long or by how many they are practised.

398. Those who start a custom contrary to law are sometimes in good faith, and hence are not guilty of disobedience. (a) It may be that they are in ignorance of the law, but have the interpretative will not to be bound by it; (b) it may be that they know the law, but sincerely think that, on account of conditions, it has ceased of itself.

399. Even when a custom has been started in bad faith, it may continue through good faith, and so become not a violation, but an abrogation of the law. Changed conditions may make the law useless or harmful; or the very fact that it is no longer observed may make it too difficult to enforce.

400. Today customs do not so often attain the force of law. Moreover, so difficult is it to know whether any custom has all the qualities necessary for establishing, modifying, or abrogating a law that only an expert is competent to judge in this matter.

401. Dispensation.—Human law has not the immutability of the Divine Law. Hence, not only may it be changed, but it may also be dispensed. Dispensation is a relaxation of the positive law made for a particular case by him who has the competent authority.

(a) It is a relaxation of the law—that is, it takes away the obligation of the law. Thus, it differs from permission, which is fulfillment of what is conditionally allowed by the law.

(b) Dispensation is made for a particular case—that is, it is granted when the provisions of the law, though beneficial to the community as a whole, are not suitable for a particular person or case. Thus, it differs, first, from abrogation and derogation, which remove the obligation of the whole or a part of the law for the entire community; and, secondly, from privilege, which is granted permanently as a private law.

(c) Dispensation is given by competent authority—that is, by the legislator or others who have the lawful power. Thus, it differs from epieikeia and private interpretation, which are made by those who have no power to dispense.

(d) Dispensation is a relaxation of the positive law, for since the Natural Law is immutable (see 305), no dispensation can be given from its requirements. Thus, dispensation differs from the official declaration or interpretation of the Natural or Divine Law (see 315).

402. Those who have the power to dispense from a law are the lawgiver and others duly authorized. (a) The lawgiver himself can dispense as follows: in his own laws, since he was able to make them; in the laws of his predecessors, since his authority is equal to theirs; in the laws of his inferiors, since they are his subordinates. (b) Others can dispense who have received from the law, from their superior, or from custom the necessary authority to dispense.

403. Those Who May Be Dispensed from a Law.—(a) Since dispensation is an act of jurisdiction, only those can be dispensed who are in some way subject to the dispenser. Since, however, the jurisdiction used in dispensing does not impose an obligation but grants a favor, it is held that he who has the power to dispense others may also dispense himself, if his power is not restricted. (b) Since dispensation is an act of authority, it may be exercised even in favor of one who is absent, or ignorant of the dispensation or unwilling to accept it. But, since as a rule favors should not be forced, the validity of a dispensation generally depends upon the consent of the one dispensed.

404. The power of dispensing has for its end the common good, and therefore it must be exercised: (a) faith fully, that is, not for reasons of private interest or friendship; (b) prudently, that is with knowledge of the case and with judgment that there are sufficient reasons for dispensation.

405. In order that the reason for a dispensation be sufficient, it is not required that it be so grave as to constitute a physical or moral impossibility of keeping the law, since the obligation of the law ceases in the face of impossibility (see 317, 487), without the need of dispensation. Hence, lesser reasons suffice for dispensation.

406. A dispensation must be granted whenever the law itself or justice requires it. The following cases are usually given: (a) when there exists a reason that requires, according to law, that a dispensation be granted; (b) when the common good, or the spiritual good of an individual, or his protection from some considerable evil, demands the concession of a dispensation.

407. A dispensation may be either granted or denied, when the case does not demand it and the superior after careful investigation is not certain whether the reason is sufficient or insufficient; otherwise, a greater responsibility would rest on the superior than the law can be thought to impose—viz., that of attaining certainty where it cannot easily be had.

408. He who dispenses without a sufficient reason is guilty of the sin of favoritism, and is responsible for the discontent and quarrels that result. He is guilty of grave sin thus: (a) if serious scandal or other inconvenience is caused, even when the dispenser is the lawgiver himself; (b) if the law obliges under grave sin and the dispensation is not granted by the lawgiver, but by an inferior who usurps the right to dispense.

409. The subject of dispensation is guilty of sin: (a) if he asks a dispensation when he knows for certain that there is no sufficient reason for it; (b) if, having been denied a dispensation, even though unjustly, he acts against the law; or if he knowingly makes use of an invalid or expired dispensation.

410. Sufficient reasons for a dispensation can be reduced to two classes: (a) private welfare (e.g., the difficulty of the law for the petitioner, a notable benefit he will receive through the dispensation, etc.); (b) public welfare (e.g., the benefits that are secured to the community, or the evils that are avoided through the dispensation).

411. Epieikeia.—Since human laws regulate particular and contingent cases according to what usually happens, and since they must therefore be expressed in general terms, exceptional cases will occur that fall under the law, if we consider only the general wording of its text, but that do not fall under the law, if we consider the purpose of the lawgiver, who never foresaw the exceptional cases and would have made different provision for them, had he foreseen them. In such exceptional cases legalism insists on blind obedience to the law-books, but the higher justice of epieikeia or equity calls for obedience to the lawgiver himself as intending the common welfare and fair treatment of the rights of each person.

412. Epieikeia may be defined, therefore, as a moderation of the words of the law where in an extraordinary case, on account of their generality, they do not represent the mind of the lawgiver; which moderation must be made in the manner in which the lawgiver himself would have made it, had he thought of the case, or would make it now, were he consulted. Hence, epieikeia differs from the various causes that take away the obligation of a law, for it supposes the non-existence of obligation from the beginning and non-comprehension in the law.

Thus: (a) it is not revocation, desuetude, restrictive interpretation, or dispensation; (b) it is not cessation on account of impossibility; (c) it is not presumed permission or self-dispensation.

413. In its use epieikeia is at once lawful and dangerous.

(a) It is lawful, for it defends the common good, the judgment of conscience, the rights of individuals from subjection to a written document, and from oppression by the abuse of power;

(b) it is dangerous, for it rests on the judgment of the individual, which is prone to decide in his own favor to the detriment of the common good as well as of self.

414. Epieikeia by its very nature imposes certain limits on its use.

(a) It is based on the fact that a certain case is not comprehended in a law, because the legislator did not foresee it.

Hence, epieikeia is not applicable to the Divine Law; for the Divine Lawgiver foresaw all cases that could arise, and so excluded all exceptions (see 315). This is clear as regards the Ten Commandments and other precepts of the Natural Law, since they deal with what is intrinsically good or bad, and are unchangeable (see 307). But it applies also to the prescriptions of the Positive Law of God, and apparent cases of epieikeia, such as the eating of the loaves of proposition by David (I Kings, xxi. 6), can be explained by the cessation of law or divine dispensation. Examples: One may not excuse certain modern forms of cheating on the plea that they were not thought of when the Decalogue was given. One may not omit Baptism on the ground that Christ Himself would have excused from it, had He foreseen the circumstances.

(b) Epieikeia is based on the principle that the words of a law must be subordinated to the common good and justice. Hence, it is not applicable to those laws whose universal observance is demanded by the common good—that is, to irritant laws. Any hardship suffered by an individual through the effect of such laws is small in comparison with the injury that would be done to the common welfare if there were any cases not comprehended in such laws; for irritant laws are the norms for judging the validity of contracts and other acts, and public; security demands that they be uniform and certain. Example: One may not contract marriage with a diriment impediment, on the plea that the Church would not wish the impediments to oblige under the serious inconvenience that exists in one's case.

415. The dangers of epieikeia also place limitations on its use.

(a) There is the danger that one may be wrong in judging that the lawgiver did not wish to include a case under his law. If this is not certain, one should investigate to the best of one's ability, and have recourse, if possible, to the legislator or his representative for a declaration or dispensation. It is never lawful to use epieikeia without reasonable certainty that the legislator would not wish the law to apply here and now.

(b) There is the danger that one may be in bad faith in deciding that the common good or justice requires the use of epieikeia; the motive in reality may be self-interest or escape from obligation, Hence, a person should not use epieikeia except in necessity, when he is thrown on his own resources and must decide for himself; and, even then, he must be sure that he acts from sincerity and disinterestedness.

416. Cases in which the use of epieikeia is lawful are the following:

(a) Epieikeia in a wide sense—that is, a benign interpretation made by a private individual that a particular case is not comprehended in the intention of the lawgiver, because the latter had not the power to include it—may be used for all cases in which the opposite interpretation would set the law up in opposition to the common welfare or would work injustice to individuals. Example: The law that goods borrowed must be returned to their owners yields to epieikeia, if there is question of putting weapons into the hands of one who would use them against the public security or for the commission of murder;

(b) Epieikeia in a strict sense—that is, the judgment that a particular case is not included in the intention of the lawgiver, because the latter had not the wish to include it—may be used for all those cases in which the opposite interpretation would suppose in the lawgiver a severity that is not likely. "The rigor of the law may be extreme injustice" (Cicero, De Officiis, I, 10). Example: Titus has the opportunity to make a notable sum of money on a Sunday morning, but cannot make use of the opportunity without missing Mass that day. Caius on a fast day feels well, but is tired and will be not a little inconvenienced if he fasts. Both Titus and Caius may use epieikeia, for the Church does not wish to be unkind, nor, generally speaking, to have her laws oblige rigorously and for every case.

417. Though all human law is subject to epieikeia, the practice of the civil law does not always allow it. (a) Action on individual responsibility makes one guilty of technical violation. Example: Balbus, fearing that his house may be robbed or he himself assaulted, borrows a revolver and practises shooting. He had not time to get the necessary permit, but argued that necessity knows no law. But, if he is arrested, the court may hold him guilty of violating the law. (b) Action in a court of equity, however, will give relief for cases not provided for in law. Example: One may obtain an order from the court restraining a neighbor from injury, when the law itself gives only the right to recover damages for injury done.

Art. 5: ECCLESIASTICAL LAW

418. The Church, being a perfect and independent society, has the power to make laws for its members in order to promote the common spiritual welfare. These laws are not an encroachment on the liberty of the Gospel, for Christ Himself bestowed on the Church legislative and other governmental powers suitable to her mission. The charter of the legislative authority of the Church is contained in the words of Christ to Peter: "I say to thee that thou art Peter, and upon this rock I will build My Church, and the gates of hell shall not prevail against it. And I will give to thee the keys of the kingdom of heaven. And whatsoever thou shalt bind upon earth, shall be bound also in heaven; and whatsoever thou shalt loose on earth, it shall be loosed also in heaven" (Matt., xvi. 18, 19; see also Matt., xviii. 17; Luke, x. 16).

419. The character of laws made by the Church is as follows:

(a) their purpose is to guide and assist the individual that he may more easily and perfectly fulfill the laws of Christ, and to protect and promote the welfare of the Church as a whole;

(b) their contents generally do not impose what is the height of perfection, but what is the minimum necessary for salvation (see 374);

(e) their number, unlike that of the laws of the Synagogue, is few. There are only six precepts of the Church that bind all the faithful; the other laws of the Church do not all oblige each individual, some being for prelates, some for priests, some for religious, some for judges, etc.;

(d) their obligation is not so strict as that of the laws of the Old Testament, for they are more easily changed or dispensed.

420. General Law of the Church.—The general law of the Church is found in the five books of the Code of Canon Law, promulgated by Benedict XV on May 27, 1917. It applies only to the Latin Church, except in those matters that of their nature affect the Oriental Church as well, and it has been in force from Pentecost Sunday, May 19, 1918.

421. The effects of the Code on the older legislation are as follows:

(a) it retains in their entirety liturgical laws that are not expressly corrected; agreements of the Holy See with various nations, even if they are opposed to the Code; favors, privileges and indults that are not revoked (Canons 2–4);

(b) disciplinary laws of ecclesiastical origin opposed to the Code are to be held as revoked, even if they are particular, unless the contrary is provided. Disciplinary laws of ecclesiastical origin omitted by the Code are retained in force, if they are particular; they are abrogated, if they are general and not contained at least implicitly in the Code; if a general law decreed a penalty, it must be expressly mentioned in the Code to retain force (Canon 6);

(c) customs, universal or particular, opposed to the Code, when expressly disapproved by it, must be corrected, even if immemorial; when they are not expressly disapproved by the Code, they may or may not be continued, as a rule, according as they are immemorial—or one century old—or not (Canon 5).

422. The rules laid down for the interpretation of the Code are as follows: (a) in those parts where the Code agrees with the older legislation, it is to be interpreted by means of the latter; (b) in those parts where it certainly disagrees with the older legislation, it is to be interpreted from its own phraseology (Canon 6).

423. Lawgivers in the Church.—The Pope, as Vicar of Christ and Visible Head of the Church, has supreme legislative power in the Church (Canon 218): "Thou art Peter, and upon this rock I will build My Church. … And I will give to thee the keys of the kingdom of heaven, etc." (Matt., xvi. 18, 19). Thus, the Pope can legislate: (a) for the whole Church, either alone or with the body of the Episcopate subject to him in an Ecumenical Council, either directly or through Congregations; (b) for any part of the Church, either directly or through representatives. Thus also, by Papal concession, legates may legislate for a place to which they are sent, Prælati nullius for a territory over which they are placed, General Chapters for a Religious Order, and the like.

424. The Bishops, "placed by the Holy Ghost to rule the Church of God" (Acts, xx. 28), have legislative power within their own territory, dependently on the Pope (Canon 335). (a) They can make laws, each for his own diocese, either in or out of a synod; (b) when gathered together in council, provincial or plenary, they can legislate for ecclesiastical provinces, or for all the faithful of their country.

425. Subject-Matter of Church Law.—The end of the Church being the glory of God and the salvation of souls, she can legislate concerning all matters that are sacred or that refer, directly or indirectly, to the satisfaction of man or the worship of God (see Leo XIII, Const. Immortale Dei, d. 1 Nov. 1885).

(a) The Church can call to mind those things that are already prescribed by the Divine Law, Natural or Positive; and, although she cannot dispense in these laws (see 313–814 and exception as to hypothetical positive law in 357), she can interpret them authoritatively, and can decide when obligations of the Divine Law, that depend upon an act of the human will, cease (see 315–316).

(b) The Church can determine those things that were left undetermined in the Divine Law. Examples: The manner in which the Lord`s Day is to be sanctified, the times and frequency with which the Divine law of Communion is to be fulfilled, the way in which the obligation of fasting is to be complied with, etc.

(c) The Church can make laws in matters that were left free by our Lord whenever this will promote the better observance of His law (e.g., many church laws for the clergy and religious, for the conduct of worship, for administration, etc.).

426. The acts that may be commanded by the Church are of various kinds.

(a) The Church may command acts that are purely external (e.g., fasting) and acts that are partly external and partly internal, that is, those external acts to which, from the nature of things or from law, a special moral act of the intellect or will must be joined (e.g., a true oath, a worthy confession or Communion).

(b) The Church may command acts that are purely internal, that is, acts of the intellect or will that are not necessarily connected with any external act (such as meditation, the intention in applying Mass, ctc.), whenever she is explaining, applying, or determining the Divine Law, or acting in virtue of the power of Christ. Examples: The Pope may define a dogma to be accepted internally. A confessor may impose as penance a pious meditation. The Church prescribes the days when pastors must intend to offer Mass for their people. A religious superior may command a spiritual retreat.

(c) It is more probable that, apart from instances such as those just given, the Church cannot legislate regarding acts that are purely internal. For unlike the divine Legislator, who sees the internal acts of the soul and who can pass judgment on them, the Church cannot read the heart or judge the conscience. Hence, it would appear useless for the Church to give commandments about acts that elude her knowledge, all the more so since the Divine Law has given commands and prohibitions regarding internal acts and no one can escape the judgment of God.

427. Those Bound by General Laws.—The general laws of the Church oblige all and only such persons as are at once subjects of the Church and capable of receiving a law (Canon 12).

(a) By Baptism one becomes a member of the Church, and hence it is the baptized who are subject to ecclesiastical laws; (b) by her laws, the Church commands only human and deliberate acts or omissions, and hence it is only those who can reason that are subject to those laws. (c) Moreover, unless the law expressly rules otherwise, those who, although they have attained the use of reason, have not yet completed their seventh year are not bound by purely ecclesiastical law. Specific exceptions are stated in the law. Thus: (1) Canons 854, §2, and 940, §1, regarding the reception of the sacraments in danger of death, Canon 859, §1, stating the precepts of Easter Communion, and Canon 906, containing the precepts of annual confession, declare that the law in these matters is binding on persons having the use of reason, regardless of the actual completion of the seventh year, The law of fasting in Canon 1254, §2 binds after the completion of the twenty-first year. (2) Canon 1099 explicitly exempts non-Catholics, in their own marriages, from the ecclesiastical form of marriage; also Canon 1070 exempts them from the impediment of disparity of cult. (3) The habitually insane are considered as infants under seven (Canon 88, §3). Accordingly, although they are bound by the Divine Law during lucid moments, they are not usually bound by purely ecclesiastical laws during this period.

428. By the unbaptized are here understood, not only those who have never received Baptism (such as infidels, pagans, Mohammedans, Jews, catechumens), but also those who were baptized invalidly. The divine law of receiving Baptism and entering the Church applies to these persons, but, as long as they are unbaptized, they are not subjects of the Church. Thus: (a) directly they are not obliged by any ecclesiastical law, and hence it is not sinful in itself to ask them to do what is forbidden by such laws (e.g., work on a holyday); (b) indirectly they become subject to ecclesiastical law when they enter into law-governed relations with the baptized who are subject to church law. Example: An unbaptized person who marries a Catholic is married invalidly, unless the law on dispensation has been observed.

429. Baptized non-Catholics include heretics and schismatics. Thus: (a) objectively, these persons are obliged by ecclesiastical laws, unless they are excepted by the law itself, and hence it is not lawful directly to induce them to transgress a Church law (e.g., to eat meat on Friday); (b) subjectively, they are generally excused from formal sin in the non-observance of Church laws, and it is not a sin to co-operate materially in such non-observance (e.g., by giving meat on Friday to a Protestant in good faith who requests it or wishes it).

430. It is held that the Church is more lenient as regards those baptized as non-Catholics, that is, those who were born and brought up in some non-Catholic sect. Thus: (a) laws that have for their object the sanctification of the individual (such as fasting and abstinence, Sunday Mass, etc.), are not insisted on for them, since this would hurt rather than help their spiritual interests; (b) laws that have for their object the protection of the public welfare (such as the laws regarding mixed marriage), apply also to baptized non-Catholics.

Other authors do not admit this distinction and hold that these non-Catholics are bound by the laws of the Church, since Canon 87 expressly states: By Baptism man is constituted a person in the Church of Christ with all the rights and duties of Christians.

Apostates and excommunicated persons are certainly bound by all ecclesiastical laws.

431. Oriental Catholics are not bound by pontifical laws (Canon 1) except in the following cases: (a) when the matter is dogmatic; (b) when the law implicitly extends to them, since it contains a declaration of natural or divine law; (c) when the law is explicitly extended to them. An example of (a) is Canon 218; of (b) Canon 228,2°; of (c) Canons 622, §4 and 1099, §1, 3°.

432. It is a general rule that all persons baptized, as just explained, are subject to ecclesiastical laws, if they are habitually able to reason; but that they are not subject to those laws, if they are not habitually able to reason.

First Rule.—Persons habitually able to reason are all those who in their normal state are able to understand the difference between right and wrong, that is, the majority of those who have completed seven years of age. Such persons are subject to ecclesiastical laws, even when actually they are unable to reason on account of temporary intoxication, delirium, derangement, unconsciousness, etc. Hence, one who would offer meat on Friday to a person momentarily unbalanced on the plea that his condition excused him from the law, would do wrong; for the state of passing irresponsibility excuses from formal sin (see 249), but not from the law.

Second Rule.—Persons habitually unable to reason are all those who have not yet learned the difference between right and wrong (e.g., infants and idiots), or who have permanently lost all knowledge of right and wrong (e.g., the hopelessly insane). These persons are not bound by ecclesiastical laws, at least not by those that are directive. Hence, in itself it is not wrong to give meat on days of abstinence to such persons, even when they are Catholics.

433. Exceptions to the first rule just given are as follows:

(a) According to Canon Law, the age of reason comes legally when one has completed seven years (Canon 12). If a boy or girl is able to reason before that age, he or she is not obliged by laws that are purely ecclesiastical, although it is advisable that parents accustom their children to the hearing of Mass, to abstinence, etc., as soon as this can be conveniently done. If a child has passed the seventh year and does not appear able to reason, he is not bound by ecclesiastical laws.

(b) According to Canon Law, the age of puberty is fixed for males at the completion of fourteen years of age, for females at the completion of twelve years of age (Canon 88, §2). These who have not attained this age are excused from all penal laws, unless a law expressly states the contrary; for on account of the want of mature judgment they deserve leniency (Canon 2230).

(c) The age of majority in Canon (as in Civil) Law is reached when one has completed twenty-one years (Canon 88, §1). Minors in the exercise of rights are subject to the power of parents or guardians, except where the contrary is declared by the law, as is the case for the reception of the Sacraments and the choice of a religious life (Canon 89). They are not obliged by the law of fast (Canon 1254, §2).

434. There are some exceptions to the second rule given in 432. Thus, those laws of the Church that grant favors or that invalidate acts can apply even to those who are habitually unable to reason (such as infants and the perpetually demented); for laws of this kind are not directive of the acts of subjects.

435. Those Bound by Particular Laws.—The particular laws of the Church oblige all those who are subject to her general laws, and who become subject to the laws of a locality by reason of domicile or personal presence (Canon 13, §2).

436. There are two kinds of domicile. (a) A true domicile or home is acquired in a place in two ways: immediately, when one takes up one's abode there, with the intention of remaining permanently or indefinitely; finally, after ten years, when one has lived there so long, even though there was no intention of remaining permanently (Canon 92, §1). (b) A quasi-domicile or residence is acquired in a place in two ways: immediately, when one takes up one's abode there with the intention of remaining there for at least the greater part of the year; finally, after the greater part of the year, when one has lived there so long (Canon 92, §2).

437. With regard to abode, four classes of persons are distinguished in Canon Law (Canon 91): (a) an inhabitant, who is one that has a domicile in a place and is present there; (b) a resident, who is one that has a quasi-domicile in a place and is present there; (c) a stranger, who is one that is outside the places of his domicile and quasi-domicile; (d) a vagus or homeless person, who is one that has no domicile or quasi-domicile anywhere.

438. The rules as regards those who are not strangers are: (a) inhabitants and residents are subject to the diocesan, provincial, and other particular laws of their territory (Canon 13, § 2); (b) the homeless are subject to the local laws of the territory where they are present (Canon 14, § 2).

439. The rules for strangers with reference to general laws (Canon 14, § 1, n. 3) are; (a) a stranger is obliged to follow these laws, if they are observed in the place where he is, even though they are not in force in the place of his domicile or quasi-domicile; (b) a stranger is not obliged to observe general laws, if they are not in force where he is, even though they are in force in the place of his domicile or quasi-domicile. Thus, the general law of abstinence on Friday does not oblige one who is travelling in a place where the law has been suspended, even though he would be obliged by it at home. The traveller would do better, however, to keep to the practice of his home.