Summa Theologica

We must now consider children of illegitimate birth. Under this head there are three points of inquiry:

(1) Whether those born out of true marriage are illegitimate?

(2) Whether children should suffer any loss through being illegitimate?

(3) Whether they can be legitimized?

Objection 1: It would seem that children born out of true marriage are legitimate. For he that is born according to law is called a legitimate son. Now everyone is born according to law, at least the law of nature, which has more force than any other. Therefore every child is to be called legitimate.

Objection 2: Further, it is the common saying that a legitimate child is one born of a legitimate marriage, or of a marriage that is deemed legitimate in the eyes of the Church. Now it happens sometimes that a marriage is deemed legitimate in the eyes of the Church, whereas there is some impediment affecting its validity; which impediment may be known to the parties who marry in the presence of the Church: or they may marry in secret and be ignorant of the impediment, in which case their marriage would seem legitimate in the eyes of the Church, for the very reason that it is not prevented by the Church. Therefore children born out of true marriage are not illegitimate.

On the contrary, Illegitimate is that which is against the law. Now those who are born out of wedlock are born contrary to the law. Therefore they are illegitimate.

I answer that, Children are of four conditions. Some are natural and legitimate, for instance those who are born of a true and lawful marriage; some are natural and illegitimate, as those who are born of fornication; some are legitimate and not natural, as adopted children; some are neither legitimate nor natural; such are those born of adultery or incest, for these are born not only against the positive law, but against the express natural law. Hence we must grant that some children are illegitimate.

Reply to Objection 1: Although those who are born of an unlawful intercourse are born according to the nature common to man and all animals, they are born contrary to the law of nature which is proper to man: since fornication, adultery, and the like are contrary to the law of nature. Hence the like are not legitimate by any law.

Reply to Objection 2: Ignorance, unless it be affected, excuses unlawful intercourse from sin. Wherefore those who contract together in good faith in the presence of the Church, although there be an impediment, of which however they are ignorant, sin not, nor are their children illegitimate. If, however, they know of the impediment, although the Church upholds their marriage because she knows not of the impediment, they are not excused from sin, nor do their children avoid being illegitimate. Neither are they excused if they know not of the impediment and marry secretly, because such ignorance would appear to be affected.

Objection 1: It would seem that children ought not to suffer any loss through being illegitimate. For a child should not be punished on account of his father's sin, according to the Lord's saying (Ezech. 18:20). But it is not his own but his father's fault that he is born of an unlawful union. Therefore he should not incur a loss on this account.

Objection 2: Further, human justice is copied from Divine. Now God confers natural goods equally on legitimate and illegitimate children. Therefore illegitimate should be equalled to legitimate children according to human laws.

On the contrary, It is stated (Gn. 25:5,6) that "Abraham gave all his possessions to Isaac, and that to the children of the concubines he gave gifts": and yet the latter were not born of an unlawful intercourse. Much more, therefore, ought those born of an unlawful intercourse to incur loss by not inheriting their father's property.

I answer that, A person is said to incur a loss for some cause in two ways: First, because he is deprived of his due, and thus an illegitimate child incurs no loss. Secondly, because something is not due to him, which might have been due otherwise, and thus an illegitimate son incurs a twofold loss. First because he is excluded from legitimate acts such as offices and dignities, which require a certain respectability in those who perform them. Secondly, he incurs a loss by not succeeding to his father's inheritance. Nevertheless natural sons can inherit a sixth only, whereas spurious children cannot inherit any portion, although by natural law their parents are bound to provide for their needs. Hence it is part of a bishop's care to compel both parents to provide for them.

Reply to Objection 1: To incur a loss in this second way is not a punishment. Hence we do not say that a person is punished by not succeeding to the throne through not being the king's son. In like manner it is no punishment to an illegitimate child that he has no right to that which belongs to the legitimate children.

Reply to Objection 2: Illegitimate intercourse is contrary to the law, not as an act of the generative power, but as proceeding from a wicked will. Hence an illegitimate son incurs a loss, not in those things which come to him by his natural origin, but in those things which are dependent on the will for being done or possessed.

Objection 1: It would seem that an illegitimate son cannot be legitimized. For the legitimate child is as far removed from the illegitimate as the illegitimate from the legitimate. But a legitimate child is never made illegitimate. Neither, therefore, is an illegitimate child ever made legitimate.

Objection 2: Further, illegitimate intercourse begets an illegitimate child. But illegitimate intercourse never becomes legitimate. Neither, therefore, can an illegitimate son become legitimate.

On the contrary, What is done by the law can be undone by the law. Now the illegitimacy of children is an effect of positive law. Therefore an illegitimate child can be legitimized by one who has legal authority.

I answer that, An illegitimate child can be legitimized, not so that he be born of a legitimate intercourse, because this intercourse is a thing of the past and can never be legitimized from the moment that it was once illegitimate. But the child is said to be legitimized, in so far as the losses which an illegitimate child ought to incur are withdrawn by the authority of the law.

There are six ways of becoming legitimate: two according to the canons (Cap. Conquestus; Cap. Tanta), namely when a man marries the woman of whom he has an unlawful child (if it were not a case of adultery), and by special indulgence and dispensation of the lord Pope. The other four ways are according to the laws: (1) If the father offer his natural son to the emperor's court, for by this very fact the son is legitimate on account of the reputation of the court; (2) if the father designate him in his will as his legitimate heir, and the son afterwards offer the will to the emperor; (3) if there be no legitimate son and the son himself offer himself to the emperor; (4) if the father designate him as legitimate in a public document or in a document signed by three witnesses, without calling him natural.

Reply to Objection 1: A favor may be bestowed on a person without injustice, but a person cannot be damnified except for a fault. Hence an illegitimate child can be legitimized rather than "vice versa"; for although a legitimate son is sometimes deprived of his inheritance on account of his fault, he is not said to be illegitimate, because he was legitimately begotten.

Reply to Objection 2: Illegitimate intercourse has an inherent inseparable defect whereby it is opposed to the law: and consequently it cannot be legitimized. Nor is there any comparison with an illegitimate child who has no such defect.

OF MATTERS CONCERNING THE RESURRECTION, AND FIRST OF THE PLACE WHERE SOULS ARE AFTER DEATH (SEVEN ARTICLES)

In sequence to the foregoing we must treat of matters concerning the state of resurrection: for after speaking of the sacraments whereby man is delivered from the death of sin, we must next speak of the resurrection whereby man is delivered from the death of punishment. The treatise on the resurrection offers a threefold consideration, namely the things that precede, those that accompany, and those that follow the resurrection. Consequently we must speak (1) of those things which partly, though not wholly, precede the resurrection; (2) of the resurrection itself and its circumstances; (3) of the things which follow it.

Among the things which precede the resurrection we must consider (1) the places appointed for the reception of bodies after death; (2) the quality of separated souls, and the punishment inflicted on them by fire; (3) the suffrages whereby the souls of the departed are assisted by the living; (4) the prayers of the saints in heaven; (5) the signs preceding the general judgment; (6) the fire of the world's final conflagration which will precede the appearance of the Judge.

Under the first head there are seven points of inquiry:

(1) Whether any places are appointed to receive souls after death?

(2) Whether souls are conveyed thither immediately after death?

(3) Whether they are able to leave those places?

(4) Whether the limbo of hell is the same as Abraham's bosom?

(5) Whether limbo is the same as the hell of the damned?

(6) Whether the limbo of the patriarchs is the same as the limbo of children?

(7) Whether so many places should be distinguished?

Objection 1: It would seem that places are not appointed to receive souls after death. For as Boethius says (De Hebdom.): "Wise men are agreed that incorporeal things are not in a place," and this agrees with the words of Augustine (Gen. ad lit. xii, 32): "We can answer without hesitation that the soul is not conveyed to corporeal places, except with a body, or that it is not conveyed locally." Now the soul separated from the body is without a body, as Augustine also says (Gen. ad lit. xii, 32). Therefore it is absurd to assign any places for the reception of souls.

Objection 2: Further, whatever has a definite place has more in common with that place than with any other. Now separated souls, like certain other spiritual substances, are indifferent to all places; for it cannot be said that they agree with certain bodies, and differ from others, since they are utterly removed from all corporeal conditions. Therefore places should not be assigned for their reception.

Objection 3: Further, nothing is assigned to separated souls after death, except what conduces to their punishment or to their reward. But a corporeal place cannot conduce to their punishment or reward, since they receive nothing from bodies. Therefore definite places should not be assigned to receive them.

On the contrary, The empyrean heaven is a corporeal place, and yet as soon as it was made it was filled with the holy angels, as Bede [*Hexaem. i, ad Gn. 1:2] says. Since then angels even as separated souls are incorporeal, it would seem that some place should also be assigned to receive separated souls.

Further, this appears from Gregory's statement (Dial. iv) that souls after death are conveyed to various corporeal places, as in the case of Paschasius whom Germanus, Bishop of Capua, found at the baths, and of the soul of King Theodoric, which he asserts to have been conveyed to hell. Therefore after death souls have certain places for their reception.

I answer that, Although spiritual substances do not depend on a body in respect of their being, nevertheless the corporeal world is governed by God by means of the spiritual world, as asserted by Augustine (De Trin. iii, 4) and Gregory (Dial. iv, 6). Hence it is that there is a certain fittingness by way of congruity of spiritual substances to corporeal substances, in that the more noble bodies are adapted to the more noble substances: wherefore also the philosophers held that the order of separate substances is according to the order of movables. And though after death souls have no bodies assigned to them whereof they be the forms or determinate motors, nevertheless certain corporeal places are appointed to them by way of congruity in reference to their degree of nobility (wherein they are as though in a place, after the manner in which incorporeal things can be in a place), according as they more or less approach to the first substance (to which the highest place it fittingly assigned), namely God, whose throne the Scriptures proclaim heaven to be (Ps. 102:19, Is. 66:1). Wherefore we hold that those souls that have a perfect share of the Godhead are in heaven, and that those souls that are deprived of that share are assigned to a contrary place.

Reply to Objection 1: Incorporeal things are not in place after a manner known and familiar to us, in which way we say that bodies are properly in place; but they are in place after a manner befitting spiritual substances, a manner that cannot be fully manifest to us.

Reply to Objection 2: Things have something in common with or a likeness to one another in two ways. First, by sharing a same quality: thus hot things have something in common, and incorporeal things can have nothing in common with corporeal things in this way. Secondly, by a kind of proportionateness, by reason of which the Scriptures apply the corporeal world to the spiritual metaphorically. Thus the Scriptures speak of God as the sun, because He is the principle of spiritual life, as the sun is of corporeal life. In this way certain souls have more in common with certain places: for instance, souls that are spiritually enlightened, with luminous bodies, and souls that are plunged in darkness by sin, with dark places.

Reply to Objection 3: The separated soul receives nothing directly from corporeal places in the same way as bodies which are maintained by their respective places: yet these same souls, through knowing themselves to be appointed to such places, gather joy or sorrow therefrom; and thus their place conduces to their punishment or reward.

Objection 1: It would seem that no souls are conveyed to heaven or hell immediately after death. For a gloss on Ps. 36:10, "Yet a little while and the wicked shall not be," says that "the saints are delivered at the end of life; yet after this life they will not yet be where the saints will be when it is said to them: Come ye blessed of My Father." Now those saints will be in heaven. Therefore after this life the saints do not go immediately up to heaven.

Objection 2: Further, Augustine says (Enchiridion cix) that "the time which lies between man's death and the final resurrection holds the souls in secret receptacles according as each one is worthy of rest or of suffering." Now these secret abodes cannot denote heaven and hell, since also after the final resurrection the souls will be there together with their bodies: so that he would have no reason to distinguish between the time before and the time after the resurrection. Therefore they will be neither in hell nor in heaven until the day of judgment.

Objection 3: Further, the glory of the soul is greater than that of bodies. Now the glory of the body is awarded to all at the same time, so that each one may have the greater joy in the common rejoicing of all, as appears from a gloss on Heb. 11:40, "God providing some better thing for us—that the common joy may make each one rejoice the more." Much more, therefore, ought the glory of souls to be deferred until the end, so as to be awarded to all at the same time.

Objection 4: Further, punishment and reward, being pronounced by the sentence of the judge, should not precede the judgment. Now hell fire and the joys of heaven will be awarded to all by the sentence of Christ judging them, namely at the last judgment, according to Mat. 25. Therefore no one will go up to heaven or down to hell before the day of judgment.

On the contrary, It is written (2 Cor. 5:1): "If our earthly house of this habitation be dissolved, that we have... a house not made with hands, but reserved in heaven [*Vulg.: 'eternal in heaven'; cf. 1 Pet. 1:4]." Therefore, after the body's dissolution, the soul has an abode, which had been reserved for it in heaven.

Further, the Apostle says (Phil. 1:23): "I desire [Vulg.: 'Having a desire'] to be dissolved and to be with Christ." From these words Gregory argues as follows (Dial. iv, 25): "If there is no doubt that Christ is in heaven, it cannot be denied that Paul's soul is in heaven likewise." Now it cannot be gainsaid that Christ is in heaven, since this is an article of faith. Therefore neither is it to be denied that the souls of the saints are borne to heaven. That also some souls go down to hell immediately after death is evident from Lk. 16:22, "And the rich man died, and he was buried in hell."

I answer that, Even as in bodies there is gravity or levity whereby they are borne to their own place which is the end of their movement, so in souls there is merit or demerit whereby they reach their reward or punishment, which are the ends of their deeds. Wherefore just as a body is conveyed at once to its place, by its gravity or levity, unless there be an obstacle, so too the soul, the bonds of the flesh being broken, whereby it was detained in the state of the way, receives at once its reward or punishment, unless there be an obstacle. Thus sometimes venial sin, though needing first of all to be cleansed, is an obstacle to the receiving of the reward; the result being that the reward is delayed. And since a place is assigned to souls in keeping with their reward or punishment, as soon as the soul is set free from the body it is either plunged into hell or soars to heaven, unless it be held back by some debt, for which its flight must needs be delayed until the soul is first of all cleansed. This truth is attested by the manifest authority of the canonical Scriptures and the doctrine of the holy Fathers; wherefore the contrary must be judged heretical as stated in Dial. iv, 25, and in De Eccl. Dogm. xlvi.

Reply to Objection 1: The gloss explains itself: for it expounds the words, "They will not yet be where the saints will be," etc., by saying immediately afterwards: "That is to say, they will not have the double stole which the saints will have at the resurrection."

Reply to Objection 2: Among the secret abodes of which Augustine speaks, we must also reckon hell and heaven, where some souls are detained before the resurrection. The reason why a distinction is drawn between the time before and the time after the resurrection is because before the resurrection they are there without the body whereas afterwards they are with the body, and because in certain places there are souls now which will not be there after the resurrection.

Reply to Objection 3: There is a kind of continuity among men as regards the body, because in respect thereof is verified the saying of Acts 17:24,26, "God... hath made of one all mankind": whereas He has fashioned souls independently of one another. Consequently it is not so fitting that all men should be glorified together in the soul as that they should be glorified together in the body. Moreover the glory of the body is not so essential as the glory of the soul; wherefore it would be more derogatory to the saints if the glory of the soul were delayed, than that the glory of the body be deferred: nor could this detriment to their glory be compensated on account of the joy of each one being increased by the common joy.

Reply to Objection 4: Gregory proposes and solves this very difficulty (Dial. iv, 25): "If then," he says, "the souls of the just are in heaven now, what will they receive in reward for their justice on the judgment day?" And he answers: "Surely it will be a gain to them at the judgment, that whereas now they enjoy only the happiness of the soul, afterwards they will enjoy also that of the body, so as to rejoice also in the flesh wherein they bore sorrow and torments for the Lord." The same is to be said in reference to the damned.

Objection 1: It would seem that the souls in heaven or hell are unable to go from thence. For Augustine says (De Cura pro Mort. xiii): "If the souls of the dead took any part in the affairs of the living, to say nothing of others, there is myself whom not for a single night would my loving mother fail to visit since she followed me by land and sea in order to abide with me": and from this he concludes that the souls of the departed do not mingle in the affairs of the living. But they would be able to do so if they were to leave their abode. Therefore they do not go forth from their abode.

Objection 2: Further, it is written (Ps. 26:4): "That I may dwell in the house of the Lord all the days of my life," and (Job 7:9): "He that shall go down to hell shall not come up." Therefore neither the good nor the wicked quit their abode.

Objection 3: Further, as stated above(A[2]), abodes are awarded to souls after death as a reward or punishment. Now after death neither the rewards of the saints nor the punishments of the damned are increased. Therefore they do not quit their abodes.

On the contrary, Jerome writing against Vigilantius addresses him thus: "For thou sayest that the souls of the apostles and martyrs have taken up their abode either in Abraham's bosom or in the place of refreshment, or under the altar of God, and that they are unable to visit their graves when they will. Wouldst thou then lay down the law for God? Wouldst thou put the apostles in chains, imprison them until the day of judgment, and forbid them to be with their lord, them of whom it is written: They follow the Lamb whithersoever He goeth? And if the Lamb is everywhere, therefore we must believe that those also who are with Him are everywhere." Therefore it is absurd to say that the souls of the departed do not leave their abode.

Further, Jerome argues as follows: "Since the devil and the demons wander throughout the whole world, and are everywhere present with wondrous speed, why should the martyrs, after shedding their blood be imprisoned and unable to go forth?" Hence we may infer that not only the good sometimes leave their abode, but also the wicked, since their damnation does not exceed that of the demons who wander about everywhere.

Further, the same conclusion may be gathered from Gregory (Dial. iv), where he relates many cases of the dead having appeared to the living.

I answer that, There are two ways of understanding a person to leave hell or heaven. First, that he goes from thence simply, so that heaven or hell be no longer his place: and in this way no one who is finally consigned to hell or heaven can go from thence, as we shall state further on (Q[71], A[5], ad 5). Secondly, they may be understood to go forth for a time: and here we must distinguish what befits them according to the order of nature, and what according to the order of Divine providence; for as Augustine says (De Cura pro Mort. xvi): "Human affairs have their limits other than have the wonders of the Divine power, nature's works differ from those which are done miraculously." Consequently, according to the natural course, the separated souls consigned to their respective abodes are utterly cut off from communication with the living. For according to the course of nature men living in mortal bodies are not immediately united to separate substances, since their entire knowledge arises from the senses: nor would it be fitting for them to leave their abode for any purpose other than to take part in the affairs of the living. Nevertheless, according to the disposition of Divine providence separated souls sometimes come forth from their abode and appear to men, as Augustine, in the book quoted above, relates of the martyr Felix who appeared visibly to the people of Nola when they were besieged by the barbarians. It is also credible that this may occur sometimes to the damned, and that for man's instruction and intimidation they be permitted to appear to the living; or again in order to seek our suffrages, as to those who are detained in purgatory, as evidenced by many instances related in the fourth book of the Dialogues. There is, however, this difference between the saints and the damned, that the saints can appear when they will to the living, but not the damned; for even as the saints while living in the flesh are able by the gifts of gratuitous grace to heal and work wonders, which can only be done miraculously by the Divine power, and cannot be done by those who lack this gift, so it is not unfitting for the souls of the saints to be endowed with a power in virtue of their glory, so that they are able to appear wondrously to the living, when they will: while others are unable to do so unless they be sometimes permitted.

Reply to Objection 1: Augustine, as may be gathered from what he says afterwards, is speaking according to the common course of nature, And yet it does not follow, although the dead be able to appear to the living as they will, that they appear as often as when living in the flesh: because when they are separated from the flesh, they are either wholly conformed to the divine will, so that they may do nothing but what they see to be agreeable with the Divine disposition, or else they are so overwhelmed by their punishments that their grief for their unhappiness surpasses their desire to appear to others.

Reply to Objection 2: The authorities quoted speak in the sense that no one comes forth from heaven or hell simply, and do not imply that one may not come forth for a time.

Reply to Objection 3: As stated above (A[1], ad 3) the soul's place conduces to its punishment or reward in so far as the soul, through being consigned to that place, is affected either by joy or by grief. Now this joy or grief at being consigned to such a place remains in the soul even when it is outside that place. Thus a bishop who is given the honor of sitting on a throne in the church incurs no dishonor when he leaves the throne, for though he sits not therein actually, the place remains assigned to him.

We must also reply to the arguments in the contrary sense.

Reply to Objection 4: Jerome is speaking of the apostles and martyrs in reference to that which they gain from their power of glory, and not to that which befits them as due to them by nature. And when he says that they are everywhere, he does not mean that they are in several places or everywhere at once, but that they can be wherever they will.

Reply to Objection 5: There is no parity between demons and angels on the one hand and the souls of the saints and of the damned on the other. For the good or bad angels have allotted to them the office of presiding over men, to watch over them or to try them; but this cannot be said of the souls of men. Nevertheless, according to the power of glory, it is competent to the souls of the saints that they can be where they will; and this is what Jerome means to say.

Reply to Objection 6: Although the souls of the saints or of the damned are sometimes actually present where they appear, we are not to believe that this is always so: for sometimes these apparitions occur to persons whether asleep or awake by the activity of good or wicked angels in order to instruct or deceive the living. Thus sometimes even the living appear to others and tell them many things in their sleep; and yet it is clear that they are not present, as Augustine proves from many instances (De Cura pro Mort. xi, xii).

Objection 1: It would seem that the limbo of hell is not the same as Abraham's bosom. For according to Augustine (Gen. ad lit. xxxiii): "I have not yet found Scripture mentioning hell in a favorable sense." Now Abraham's bosom is taken in a favorable sense, as Augustine goes on to say (Gen. ad lit. xxxiii): "Surely no one would be allowed to give an unfavorable signification to Abraham's bosom and the place of rest whither the godly poor man was carried by the angels." Therefore Abraham's bosom is not the same as the limbo of hell.

Objection 2: Further, those who are in hell see not God. Yet God is seen by those who are in Abraham's bosom, as may be gathered from Augustine (Confess. ix, 3) who, speaking of Nebridius, says: "Whatever that be, which is signified by thut bosom, there lives my Nebridius," and further on: "Now lays he not his ear to my mouth, but his spiritual mouth unto Thy fountain, and drinketh as much as he can receive wisdom in proportion to his thirst, endlessly happy." Therefore Abraham's bosom is not the same as the limbo of hell.

Objection 3: Further, the Church prays not that a man be taken to hell: and yet she prays that the angels may carry the departed soul to Abraham's bosom. Therefore it would seem that Abraham's bosom is not the same as limbo.

On the contrary, The place whither the beggar Lazarus was taken is called Abraham's bosom. Now he was taken to hell, for as a gloss [*St. Gregory, Moral. xx] on Job 30:23, "Where a house is appointed for every one that liveth," says: "Hell was the house of all the living until the coming of Christ." Therefore Abraham's bosom is the same as limbo.

Further, Jacob said to his sons (Gn. 44:38): "You will bring down my grey hairs with sorrow to hell": wherefore Jacob knew that he would be taken to hell after his death. Therefore Abraham likewise was taken to hell after his death; and consequently Abraham's bosom would seem to be a part of hell.

I answer that, After death men's souls cannot find rest save by the merit of faith, because "he that cometh to God must believe" (Heb. 11:6). Now the first example of faith was given to men in the person of Abraham, who was the first to sever himself from the body of unbelievers, and to receive a special sign of faith: for which reason "the place of rest given to men after death is called Abraham's bosom," as Augustine declares (Gen. ad lit. xii). But the souls of the saints have not at all times had the same rest after death; because, since Christ's coming they have had complete rest through enjoying the vision of God, whereas before Christ's coming they had rest through being exempt from punishment, but their desire was not set at rest by their attaining their end. Consequently the state of the saints before Christ's coming may be considered both as regards the rest it afforded, and thus it is called Abraham's bosom, and as regards its lack of rest, and thus it is called the limbo of hell. Accordingly, before Christ's coming the limbo of hell and Abraham's bosom were one place accidentally and not essentially: and consequently, nothing prevents Abraham's bosom from being after Christ's coming, and from being altogether distinct from limbo, since things that are one accidentally may be parted from one another.

Reply to Objection 1: The state of the holy Fathers as regards what was good in it was called Abraham's bosom, but as regards its deficiencies it was called hell. Accordingly, neither is Abraham's bosom taken in an unfavorable sense nor hell in a favorable sense, although in a way they are one.

Reply to Objection 2: The place of rest of the holy Fathers was called Abraham's bosom before as well as after Christ's coming, but in different ways. For since before Christ's coming the saints' rest had a lack of rest attached to it, it was called both hell and Abraham's bosom, wherefore God was not seen there. But since after the coming of Christ the saints' rest is complete through their seeing God, this rest is called Abraham's bosom, but not hell by any means. It is to this bosom of Abraham that the Church prays for the faithful to be brought.

Hence the Reply to the Third Objection is evident: and the same meaning applies to a gloss on Lk. 16:22, "It came to pass that the beggar died," etc., which says: "Abraham's bosom is the rest of the blessed poor, whose is the kingdom of heaven."