Single Question. Whether the New Law is Heavier than the Old Law

1. About the fortieth distinction I aska whether the New Law is heavier than the Old Law.

a.a [Interpolation] About the fortieth distinction, where the Master deals with the two last commandments of the second table and about the usefulness of each Law, the question asked is whether...

2. That it is:

The New Law adds many things to the Old Law, as is plain from Matthew 5.21-28, “It was said by those of old, ‘thou shalt not kill’. But I say to you, ‘he who is angry with his brother     etc .’ and so on about other precepts. And in addition, the New Law contains the whole of the Old, Matthew 5.17-18, “I have not come to destroy the Law but to fulfill it.” Therefore      the New Law contains all the weight of the Old Law and adds something further, and so it is heavier.

3. Further, the state of grace is more perfect and virtuous than the state of Law;     therefore it is more difficult. The consequence is plain from Ethics 2.2.1105a9, “virtue is about the hard and difficult good.”

4. On the contrary:

Matthew 11.28-30, “Come to me all you who are labor and are heavy laden, and I will give you rest etc     .”

I. To the Question

5. Here one must consider two things, because the weight of the Old Law in relation to the New Law depends on two things, namely on the burden imposed and on the defect of the remedy for supporting the burden imposed.

A. About the Burdens Imposed

6. The burdens imposed under the Old Law were the moral, the ceremonial, and the judicial commands, to all of which everyone was then necessarily bound.

About the moral this is plain.

7. About the ceremonial it must be understood as follows, that although Jews could, without mortal sin, transgress the warning that belonged to the ceremonial laws (for example, they could without mortal sin touch a dead body and incur many impurities of this sort), yet if they did not do the things contained in the Law (and they were bound to be purified with respect to them), they sinned mortally, as is explained there [Exodus 30.38, Leviticus 7.20-21 etc.], “The soul that did so and so will die the death, or will perish from among the people.” For by these words is understood the threat of eternal damnation.

8. The Jews were bound also to all the judicial laws, either per se, or when law was determined by their judges [Deuteronomy 16.18-22, 17.1-7] or especially by the priests of the Levitical class, if ever there was a doubtful case among the inferior judges, according to Deuteronomy 17.8-13, “Every soul that despise the judgment of the priest will die the death.”

9. Now in the New Law there are the same moral commandments as there were under the Old Law but made more explicit. The ceremonial laws (those imposed by Christ) are much fewer and lighter. No judicial laws were imposed by

Christ, but rather a law of mildness and humility [Matthew 11.29], wherein there ought not to be judicial actions, according to I Corinthians 5.1, “It is altogether a fault in you that you have suits at law. Why do you not rather suffer to be defrauded?” For Christ taught this, Matthew 5.43, “If someone strikes you on one cheek, offer him also the other; and if someone wants to take your cloak, give him your tunic also.”

10. If one compares the moral commandments in each law, it is doubtful whether there was equal weight on both sides, because it is doubtful whether people under the Old Law were bound to all the commandments, and to commandments explained in the same way as they bind us now. Because if they were not bound to those commandments save as the Jews interpreted them, then it was licit for them to love their friends and to hate their enemies [Matthew 5.43], and to give a bill of divorcement to their wives [Matthew 19.7]. For thus did the Pharisees teach the simple among the people. But this is not licit today for Christians (and the like perhaps about certain other interpretations of some of the oral precepts, as is plain in Matthew 5). But if it is not licit for Christians, then our Law is heavier as to the moral commandments, although this heaviness is not equal with that of the ceremonial commandments to be discussed.

11. As to the ceremonial commandments I say that the Old Law was much heavier both as to their multitude and the difficulty of observing them, so Augustine To the Inquisitions of Januarius II ch.19 n.33 (and this is touched on in Gratian Decrees p.1 d.12 ch.12). And Rabbi Moses Maimonides (Guide of the Perplexed p.3 ch.26) has numbered more than 600 legal commandments, to all of which the Jews were bound, and some of these were very difficult. For instance, that three times a year every male be present in Jerusalem however far distant [Deuteronomy 16.16], and to worship in the seventh year, because of which they had to refrain from collecting the harvest in two years [Leviticus 25.3-7]; and many other things about not touching a corpse, or eating or not drinking after touching a corpse without washing [Leviticus 11.23-46, Numbers 19.11-13, 1622]. Hence Peter in Acts 15.10 says, “Why do you wish to impose on the disciples a heavy burden that neither we nor our fathers were able to bear?”

12. The New Law, according to Augustine [Inquisition of Januarius I.1.n1], is content with few and evident sacramental rites. For the New Law has only seven sacraments, which are not necessary for all Christians (for not everyone contracts marriage, nor do all received holy orders), but baptism is necessary and confession (after falling away and lapsing into mortal sin). Hence what seems more difficult in our Law and the Church is confession, for it seems difficult to reveal to a man private sins that are known only to God and oneself. But there are so many remedies applied to confession that one does not need to be confounded after revealing things in confession. For the hearer is obligated to the greatest seal of secrecy. Other sacraments besides baptism and confession are perhaps not necessary, or if necessary are easy (as confirmation, eucharist, extreme unction).

13. As to the ceremonial commands, therefore, the New Law (as given by Christ) is far easier than the Old Law. And this is simply a lightness that far outweighs the heaviness in the Old Law, even if there is a greater heaviness in the case of morals.

14. As to the judicial commands, it is plain that the New Law is lighter, because Christ imposed no judicial commands.

15. However if we speak of the New Law not only as it was handed on by Christ but also as it was declared by others, and as other things were added to it by others, and even as to ceremonial commandments, one can say what Augustine says in Inquisitions of Januarius.Augustine speaks of local variations as approved by particular churches which may be freely observed provided they are not against faith or morals, or are not obstinately insisted on or opposed. ¹²

16. As to the judicial commandments, it is licit for judges to establish laws for the sake of preserving common peace, whether those that were in the Law of Moses (whether all or some) or others, and if others, of whatever kind and however many. And those subject to the judges are bound to keep these laws provided the laws are not repugnant to the Divine Law. See Gratian Decrees p.1 d.9 ch.1. And to this extent one can suppose that the Christian Law is heavier, for under the Old Law it was not permitted either to priests or judges to establish any new laws in the way that it is now permitted to Christian princes.

17. So, therefore, in brief: the burdens of the Christian Law are fewer as they were handed on by Christ, but perhaps more as addition of others was made by those who have rule over the Christian people. And to all such new statutes of the Church we are obligated, Gratian Decrees I d.19 ch.2, 5.Gratian’s Decrees have been replaced by the Church’s Code of Canon Law, which incorporates some of those decrees and adapts and replaces them relative to the needs of the time. Scotus is here essentially supporting and endorsing the Church’s power and authority to regulate the life of the faithful according to the needs of faith and morals. ¹³

B. About the Remedies and Helps Conferred on Us

18. As to the second article [n.5] I say that the passion of Christ, now shown and realized, merits more grace for those who believe it has now been realized than his passion as to be realized merited for those who believed it as to be realized. And therefore our sacraments, which have their efficacy in virtue of Christ’s passion now realized, confers more grace than the sacraments of the Old Law did.

19. In addition, we have several helps of grace as well, because we have more sacraments than they had in the Old Law. For besides matrimony (if it was a sacrament for them, which will be touched on in IV d.26 nn.12-13), they had no sacrament other than circumcision, and this as remedy of original sin (a matter to be discussed in IV d.1 q.3 n.8, q.6 nn.2, 9, 11-2, d.2 q.2 n.9). After lapse into sin, if they could merit some grace by their own movements, well and good, but they had then no sacrament instituted among them for perceiving grace, for they did not have the sacrament of confession nor the other sacraments [cf. IV d.1 q.6 n.10]. Therefore we have more helps for obtaining grace than they had.

20. Third, besides the greater efficacy and number of the sacraments, we have a more explicit doctrine than they had. We also have more numerous and more effective examples of saints to imitate. And lastly we have more merits of the saints, who perhaps merited not for themselves but also for us; and we also merit by invoking their help and intercession with God.

21. Simply speaking, then, the helps in the New Law are more numerous and more efficacious than in the Old Law, and so on this side too the Christian law is lighter.

22. There is also a good and notable help that eternal life is explicitly promised to us for our observation of the Christian law [Luke 18.18-30]. But to them rarely or never were certain things explicitly given, save temporal goods and the support of our prayers implored for them, which alone were promised to them [II Maccabees 12.43-46]. But never does any temporal good as much attract man’s spirit to observing the law as does an eternal good.

II. To the Principal Arguments

23. As to the first argument [n.2] I concede that although the New Law contains all the moral commandments as the Old Law and adds some more, or at least adds an explanation for some of them (to which perhaps those under the Old Law were not bound), yet these additions are not as heavy as were, on the other side, the multitude and weight of the ceremonial and judicial commandments [of the Old Law]. Also, on the part of the New Law, the multitude and efficacy of the helps greatly eases things, so that the greater weight, if there is any in morals, does not outweigh the others in heaviness (if one considers the helps on both sides).

24. To the second [n.3] I say that the difficulty in virtuous action is not, of itself, on the part of the actor but on the part of the thing done. For it is more difficult for a greedy man to give away one denarius than for a generous man to give away four, and yet a greedy man is not as virtuous as a generous man. And not just any difficulty on the part of the thing done proves a greater virtue, but the difficulty that per se includes the excellence of the object attained per se by the action. Yet the difficulty goes along with a greater ease, for it is easier to reach by love a very excellent object than a less excellent object. And such deeds of excellence have God immediately for object, and more are expounded in the New Law. For many acts of love are at once given more explanation to Christians than was given to Jews. And no wonder, because the Old Law is called a law of fear, and the New Law a law of love. But love and the end especially, if it is sought in all things, makes all burdens light, so that what the Savior said is true, Matthew 11.30, “For my yoke is easy and my burden light.”

To whom be honor and glory for infinite ages of ages. Amen.