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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.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, 5.13