Finally, that brings me to the discussion of how Thomas Aquinas saw the role
of the church in medieval times and those of civil offices (or government).
As discussed above, there are different types of law that are exclusively in
the domain of theologians, including eternal and divine law (Aquinas, Summa
Theologiae, 2020). A third one, natural law, can be deduced through reason
—which in one sense does not require a person have faith in order to
understand it, but since faith, through grace, helps us use our God-given
ability of reason better, then it too would fall under the aegis theologians.
Thus, it was for the church and more generally the theologians of the church
to help guide government and other civil institutions on how to create human
law and then carry out the duties of government in practicing the virtue of
seeking justice. Aquinas recognized that kings, earthly government, and
other civil institutions (or offices) have their divine place in nature (Aquinas,
Summa Theologiae, 2020). However, because they are only human
institutions they cannot be perfect, but they can certainly try (Ibid.). Thus,
the measuring stick by which we can judge the good or bad of government
must come from something that is perfect (Ibid.). Of course, that perfect
thing is God and the divine providence that God has set up for nature and
the earthly kingdoms.
While Aquinas argues kings of Christian peoples should be Christians themselves, subject and
believing in Christ’s Lordship, and be directed by His rule (Aquinas De Regno, 110), to what
extent does the supremacy of the Church extend to the government as well? Copeland argues
the Church should guide government on the crafting of human law, and that the Church has
exclusive domain over both eternal and divine law. However, such an argument is contradicted
by Aquinas’ other writings.
First, Aquinas argues human law is exclusively the domain of the whole people or the ruler:
A law, properly speaking, regards first and foremost the order to the common
good. Now to order anything to the common good, belongs either to the whole
people, or to someone who is the viceregent of the whole people. And therefore
the making of a law belongs either to the whole people or to a public personage
who has care of the whole people: since in all other matters the directing of
anything to the end concerns him to whom the end belongs. (Aquinas Summa
Theologiae 2012. Part I-II, Q. 90, Art. 3, C.)
Aquinas continues in that same Article that since an individual private person (such as a
member of the clergy) cannot effectively lead another (such as a king) to virtue, and has no
authority over that other person, the framing of human law “belongs to him [the ruler] alone”
(Ibid., Part I-II, Q. 90, Art. 3, Rep. 2).
As for to whom earthly consideration of eternal and divine law resides, and whether it
resides in the Church alone, Aquinas argues otherwise. Aquinas argues since, “all things subject
to Divine providence are ruled and measured by the eternal law”, that it follows, “all things
partake somewhat of eternals law, insofar as, namely, from its being imprinted on them, they
derive their respective inclinations to their proper acts and ends” (Ibid., Part I-II, Q. 91, Art. 2,
C.). Instead, Aquinas argues for a very early version of the separation of Church and State,
where the human law forces Man to refrain from evil deeds “through fear of punishment
threatened by the [human] law, and not from love of virtue” (Ibid., Part I-II, Q. 93, Art. 6, Rep. 1),
in part, because the eternal law operates above and separately from human law, where both
the “blessed and the damned” are subject to the salvation or damnation of that eternal law
(Ibid., Rep. 3).
Aquinas, Thomas. 1949. De Regno ad Regem Cypri: On Kingship to The King of Cyprus. Trans.
Gerald B. Phelan. Toronto: The Pontifical Institute of Mediaeval Studies.
https://isidore.co/aquinas/DeRegno.htm#1.
_____. 2012. Summa Theologiae, Prima Secundae, 71-114. Trans. Fr. Laurence Shapcote, eds.
John Mortensen and Enrique Alarcon. Lander, Wyoming: The Aquinas
Institute. https://aquinas.cc/la/en/~ST.I-II.
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