Palladium theologicum, Tomus quintus: De virtutibus

Gaudenzio da Brescia

Palladium theologicum, Tomus quintus: De virtutibus

Gaudenzio da Brescia (1612–1672)

Reuerendi patris Gaudentij Bontempi, ... Palladium theologicum, seu Tota theologia scholastica in septem tomos distributa. Ad intimam mentem d. Bonauenturae seraphici doctoris ... Tomus quintus, De virtutibus

First published 1676

Bontempi's Palladium theologicum (Lyon 1676) is a complete scholastic theology composed ad mentem D. Bonaventurae, arranged in seven tractatus on the order of the Secunda secundae. This fifth volume, De virtutibus, treats the theological virtues (faith, hope, charity, with their gifts, beatitudes and fruits), the cardinal virtues and their opposite vices, and the states and offices of men (religious and prelates, bishops, princes), including the extensive disputations on contracts, religion, vows, fortitude, temperance and the judicial process. It is a significant example of the Bonaventurian scholastic school and a counterpart to the Thomist manuals of the period.


Tractatus I: PRIMUS DE VIRTUTIBUS THEOLOGICIS

Proemium I: Prooemium

Disputatio I: ON FAITH

Quaestio I: What FAITH signifies, and what it is

Quaestio II: What the object of FAITH is

Quaestio III: Whether the object of FAITH is something complex

Quaestio IV: Whether the object of FAITH can be false

Quaestio V: Whether the object of FAITH can be evident scientifically

Quaestio VI: Whether FAITH is concerned with those things which are seen by vision on the way

Quaestio VII: Whether the articles of FAITH are evidently credible

Quaestio VIII: Whether the things to be believed are rightly arranged according to the articles

Quaestio IX: Whether the articles of FAITH have grown over the course of time

Quaestio X: Whether FAITH has grown as regards light

Quaestio XI: Whether Faith has grown in certitude

Quaestio XII: Whether the articles of Faith are to be expounded by some authority which is an infallible teacher, and what it is

Quaestio XIII: What are the marks of the true Church, in which the authority of expounding FAITH resides

Quaestio XIV: What must be believed by the necessity of means

Quaestio XV: What things are to be believed by the necessity of precept

Quaestio XVI: Whether we are bound to confess FAITH, and when

Quaestio XVII: Whether it is lawful to dispute about FAITH, and when

Quaestio XVIII: Whether Faith resides in the Intellect

Quaestio XIX: Whether Faith is perfected by Charity, as by its form

Quaestio XX: Whether it is certain that FAITH remains without CHARITY

Quaestio XXI: Whether, and how, FAITH is a VIRTUE

Quaestio XXII: Whether FAITH is ONE VIRTUE

Quaestio XXIII: Whether FAITH is the first of the Virtues

Quaestio XXIV: Whether FAITH is more certain than any science, or than any intellectual habit

Quaestio XXV: Whether one can know with certainty that he has FAITH

Quaestio XXVI: In whom FAITH is found

Quaestio XXVII: Whether FAITH is a substantial Gift of GOD

Quaestio XXVIII: Whether the difference between FAITH and other acts, natural as opposed to supernatural moral acts, always arises from the object

Quaestio XXIX: On the effects of FAITH

Quaestio XXX: On the GIFT OF UNDERSTANDING

Dubitatio I: Whether UNDERSTANDING is a gift of the Holy Ghost

Dubitatio II: Whether the GIFT OF UNDERSTANDING can coexist with FAITH

Dubitatio III: Whether the GIFT OF UNDERSTANDING consists in the contemplation of the Creator and of Creation

Dubitatio IV: Whether the GIFT OF UNDERSTANDING is found in all who have grace, and whether in these alone

Dubitatio V: What is the necessity and utility of the GIFT OF UNDERSTANDING

Dubitatio VI: Whether* **the GIFT OF UNDERSTANDING** *corresponds to the sixth beatitude, namely, Blessed are the clean of heart, etc.

Dubitatio VII: Whether* **to the GIFT OF UNDERSTANDING** *there corresponds, among the fruits of the Holy Ghost, Faith

Quaestio XXXI: On the Gift of Knowledge

Dubitatio I: Whether* **KNOWLEDGE** *is a gift of the Holy Ghost

Dubitatio II: Whether knowledge is concerned with Divine things

Dubitatio III: Whether the gift of knowledge is speculative

Dubitatio IV: Whether the third Beatitude corresponds to the Gift of Knowledge: Blessed are they that mourn, etc.

Disputatio II: On Unbelief

Quaestio I: What UNBELIEF is, and what kind of sin it is

Quaestio II: Whether all the works of unbelievers are sins

Quaestio III: Whether unbelievers can be compelled to hear FAITH

Quaestio IV: Whether unbelievers can be compelled to embrace our FAITH, when it has been sufficiently set forth

Quaestio V: Whether unbaptized unbelievers can be compelled to abandon errors or rites contrary to natural reason

Quaestio VI: Whether the rites of unbelievers are to be permitted

Quaestio VII: Whether it is lawful to make agreements with unbelievers about the toleration of their rites

Quaestio VIII: Whether unbaptized unbelievers can retain power over the Faithful, and whether they can be deprived of it

Disputatio III: On Heresy

Quaestio I: What HERESY is

Quaestio II: Whether one who doubts about the articles of FAITH is a heretic

Quaestio III: Whether one who gives merely opinionative assent to an article of FAITH is a heretic

Quaestio IV: Whether, and what, Ignorance excuses from Heresy

Quaestio V: What pertinacity is required for HERESY

Quaestio VI: Whether, for one to be deemed a Heretic, it is necessary that he have been baptized and a believer

Quaestio VII: Whether the Church can compel heretics to receive the Catholic FAITH

Quaestio VIII: On the other means the Church uses against heretics, by forbidding their Books

Quaestio IX: Whether we are bound to avoid the conversation of heretics

Quaestio X: What excommunication is inflicted upon heretics

Quaestio XI: On the other spiritual punishments of heretics

Quaestio XII: On the temporal punishments of Heretics

Disputatio IV: On Hope

Quaestio I: What HOPE is

Quaestio II: What the material object of HOPE is

Question III

Quaestio IV: Whether a certain object is set forth for HOPE, and is hoped for

Quaestio V: Whether Hope is a Virtue

Quaestio VI: Whether HOPE is a Theological Virtue

Quaestio VII: Whether HOPE is at times formless

Quaestio VIII: Whether HOPE arises from merits

Quaestio IX: Whether Hope precedes Charity

Quaestio X: What the proximate subject of HOPE is

Quaestio XI: Whether HOPE remains in the Blessed

Quaestio XII: Whether there is a precept of hoping in GOD

Dubitatio I: UNICA. Would this precept bind one to whom certain damnation had been revealed

Disputatio V: On the Gift of Fear

Quaestio I: Whether FEAR is a Habit distinct from HOPE

Quaestio II: What the object of FEAR is

Quaestio III: Whether worldly Fear is always evil

Quaestio IV: Whether servile Fear is honorable, and a Gift of God

Quaestio V: Whether servile Fear is cast out when grace comes

Quaestio VI: Whether Initial and Filial Fear differ specifically

Quaestio VII: Whether, as Charity grows, Fear diminishes

Quaestio VIII: Whether gratuitous Fear remains in the fatherland

Quaestio IX: Whether Poverty of Spirit corresponds to the GIFT OF FEAR

Quaestio X: On the Effects, and the precept, of the FEAR OF GOD

Disputatio VI: On Despair

Quaestio I: UNICA. Of what power DESPAIR is an act, and what sin it is

Disputatio VII: On Presumption

Quaestio I: What PRESUMPTION is, and what kind of sin

Disputatio VIII: On Charity

Quaestio I: What CHARITY is

Quaestio II: What the object of Charity is

Quaestio III: Whether Charity is properly the friendship of God

Quaestio IV: Whether Charity is a created Habit

Quaestio V: Whether Charity is one special Virtue

Quaestio VI: Whether Charity is of a most special species

Quaestio VII: Whether Charity is the most excellent of the virtues

Quaestio VIII: Whether Charity is the Form of the Virtues

Quaestio IX: Whether besides infused Charity there is another charity, acquired by our own acts

Quaestio X: Whether Charity can be formless

Quaestio XI: Whether CHARITY increases, and how

Quaestio XII: Whether, and how, CHARITY in this life is perfect

Quaestio XIII: Whether Charity can be lost, and how

Quaestio XIV: What is the proximate subject of Charity

Quaestio XV: Whether God alone is to be loved out of Charity, or the neighbor also

Quaestio XVI: Whether Charity is to be loved out of Charity

Quaestio XVII: Whether all gratuitous gifts are to be loved out of CHARITY

Quaestio XVIII: Whether irrational creatures are to be loved out of CHARITY

Quaestio XIX: Whether a man ought to love himself out of CHARITY

Quaestio XX: Whether a man ought to love his own body out of Charity

Quaestio XXI: Whether sinners are to be loved out of Charity

Quaestio XXII: Whether it is necessary to love enemies out of CHARITY

Quaestio XXIII: Whether we are bound to show the effects of CHARITY toward enemies, and which

Quaestio XXIV: Whether Angels are to be loved out of CHARITY

Quaestio XXV: Whether Demons, and the Damned, are to be loved out of CHARITY

Quaestio XXVI: Whether it is fitting that four things to be loved out of CHARITY are enumerated

Quaestio XXVII: Whether God, and the neighbor, are loved with the same habit of CHARITY

Quaestio XXVIII: Whether there is order in CHARITY

Quaestio XXIX: Whether GOD is to be loved more than the neighbor

Quaestio XXX: Whether a man ought out of CHARITY to love God more than himself

Quaestio XXXI: Whether Nature inclines more to loving GOD than to loving ourselves

Quaestio XXXII: Whether a man ought to love himself more than his neighbor

Quaestio XXXIII: Whether the eternal salvation of the neighbor is to be loved more than our own life

Quaestio XXXIV: Whether one neighbor is to be loved more than another

Quaestio XXXV: Whether a Son is to be loved more than a Father

Quaestio XXXVI: Whether a man ought out of CHARITY to love his Mother more than his Father

Quaestio XXXVII: Whether a man ought to love his spouse more than his parents, and Children

Quaestio XXXVIII: Whether the order of CHARITY is considered in the affection, and in the effect

Quaestio XXXIX: Whether the order of CHARITY remains in heaven

Quaestio XL: Whether it is more proper to Charity to love than to be loved

Quaestio XLI: Whether Love is the same as Benevolence

Quaestio XLII: Whether, and whether he can, GOD must be loved in the way with the whole heart, the whole soul, the whole mind, and all one's strength

Quaestio XLIII: Whether some measure is to be kept in Divine love

Quaestio XLIV: Whether Charity ought to be enlarged in heaven

Quaestio XLV: Whether it is more meritorious to love an enemy than a friend

Quaestio XLVI: Whether a man, constituted in however small CHARITY, is bound to undergo death for CHRIST

Quaestio XLVII: Whether those having perfect CHARITY are bound to fulfill the things that are of perfection

Quaestio XLVIII: How, and when, the precept of the love of GOD binds

Quaestio XLIX: Whether a man is bound at the first instant of the use of reason to be converted to GOD

Quaestio L: How, and when, the precept of the love of the neighbor binds

Disputatio IX: On the internal effects of Charity, JOY, PEACE, and MERCY

§ I: On Joy

Quaestio I: Whether JOY is an Effect of Charity, and of what kind

Quaestio II: Whether JOY is a virtue

§ II: On Peace

Quaestio I: UNICA. What PEACE is

§ III: On Mercy

Quaestio I: What MERCY is

Quaestio II: Which, and what kind of Virtue, MERCY is

Disputatio X: On the external effects of Charity

After Charity shall have diminished within the concupiscence and cupidity, it pours itself forth outwardly by doing good; for since it seeks not its own, but by a noble exchange turns the miseries of others into its own happiness, it is wholly devoted to benefits, and is especially occupied with corporal relief through Almsgiving, or spiritual instruction through fraternal correction.

§ I: De Beneficentia

Quaestio I: UNICA. What BENEFICENCE is

Beneficence is a certain execution of the internal and elicited act of Charity toward another.

That this is the proper act of Charity the Theologians teach.

It is proved by D. Thom. art. 1 and 4, and D. Bonavent. here; for the external act, by which the interior act of some virtue is made efficacious and brought to execution, pertains to the same virtue as the internal act, inasmuch as both acts regard the same reason of the object. It is confirmed by Valencia with D. Bonaventure from that passage of 1 John 3: let us not love in word, but in deed and in truth, where he sufficiently indicates that to do good itself is to love efficaciously, and consequently to be an act of Charity.

From this doctrine the Seraphic Doctor gathers that one must do good to all according to place and time, just as all are to be loved, as D. Thom. also teaches art. 2, and the Apostle in Galat. 6: Let us work good toward all, but especially toward the household of the faith.

Hence he also deduces that one must do good to individuals in the same order in which individuals are to be loved by the order of Charity; and consequently we must first do good to those more closely joined to us, as I said disp. 8, quaest. 40.

Valencia moreover warns disp. 3, quaest. 8, puncto unico that prudence must be exercised in this matter.

§ II: On Almsgiving

On Almsgiving.

Most excellently does the Seraphic Doctor in the Diaeta, tit. 2, cap. 7 compare Almsgiving to a radiant light, which ought to be carried not behind, but before a man walking; for Almsgiving is not to be done after death, but before death, more fruitfully, as the wise man says Eccles. 14: before death do good to your friend. But he who does otherwise is like one carrying a light behind him; see there also other splendid similitudes.

Quaestio I: Whether to give ALMS is an act of Charity

Whether to give ALMS is an act of Charity.

I assert that it is an act of Charity.

IT IS PROVED by S. Bonavent. in 4. dist. 14, p. 2, dub. 5, litt. and Book 6 of the Compendium of Theology, cap. 31, and D. Thom. art. 1. External acts pertain to that virtue to which pertains what is the motive of such an act; but the motive for giving Alms is mercy, of which dist. 9, sect. 3 — for in Greek Eleemosyna is named from mercy; and mercy is an effect of Charity, as I showed in the place cited.

Next it is proved by D. Bonavent. in the Diaeta, tit. 2, at the end, because this motive is for the love of God, who ascribes it as given to himself Matthew 25.

Quaestio II: Whether the kinds of ALMS are fittingly distinguished

Whether the kinds of ALMS are fittingly distinguished.

Seven kinds of corporal alms are set forth in this verse:

I visit, I give drink, I feed, I redeem, I shelter, I clothe, I bury.

That is, to feed the hungry, to give drink to the thirsty, to clothe the naked, to receive in the stranger (harbor the harborless), to visit the sick, to redeem the captive, and to bury the dead.

Seven other kinds are of spiritual alms, which are expressed in this verse:

Counsel, rebuke, console, forgive, bear, pray.

To teach the ignorant, to counsel the doubting, to console the sorrowful, to correct the sinner, to forgive offenses, to bear the burdensome and the heavy, and to pray for all.

These are reported by S. Bonavent. in 4. dist. 15, part. 2, dub. 2, litt. and on the seven Gifts, on the Gift of Piety, cap. 1, and in the Diaeta, tit. 7, cap. 4, and Book 5 of the Compendium of Theology, cap. 52, and on Luke 11 in these words: That which remains over, give as alms. D. Thom. here, and the Theologians commonly.

IT IS PROVED by the holy Doctors from the defects of one's neighbors, by whom one can be helped; of which some are on the part of the body; some on the part of the soul, which needs are easily gathered, and among the holy Doctors are clear.

But spiritual alms are intrinsically the greater; nevertheless in some case corporal alms can be the greater; whence in extreme necessity the person failing is rather to be fed than another ignorant one taught, as the holy Doctors teach, Thom. art. 4, and Bonavent. dist. cit. dub 4.

Quaestio III: Whether ALMS is a matter of precept

Whether ALMSGIVING is commanded.

I assert that Almsgiving is commanded by Natural and Divine law.

IT IS PROVED by D. Thom. here, and D. Bonavent. in the Diaeta, tit. 10, cap. 5. That concerning which there will be the last judgment, and on account of which Christ will distribute eternal rewards and eternal punishments, is commanded; but in the judgment those who have given alms will be called to the fatherland; and those who have omitted it will be cast into hell, as is described Matt. 25. Therefore.

IT IS PROVED secondly by D. Thom. here, and D. Bonavent. on these words Luke 11: That which remains over, give as alms, and in 3. dist. 29, quaest. 6, because love of neighbor is commanded; therefore those things must fall under command without which love of neighbor is not preserved; but to love of neighbor it pertains that we not only wish good to our neighbor, but also work it, according to that, 1 John 3: let us not love in word, nor in tongue, but in deed and in truth. But for this, that we wish and work the good of someone, it is required that we come to the aid of his necessity, which is done through the bestowal of alms; and therefore their bestowal is commanded. But because commands are given concerning acts of virtues, it is necessary that in this way the gift of Almsgiving fall under command as it is of the necessity of virtue, as right reason requires; yet on the part of the giver, so as to give of his superfluities, according to that cited Luke 11 — his superfluity, I say, and that of others whose care rests upon him. On the part of the recipient also some necessity is required: hence Paul said 2 Cor. 8: For it is not that there may be relief for others, and tribulation for you, as the Seraphic Doctor notes on Luke 11, because if you, or yours, have necessity, you ought not bring tribulation upon yourselves so as to come to the aid of another, except in that person's extreme necessity, if yours be moderate. See D. Bonavent. in the places cited, and D. Thom. art. 6, Valencia p. 4. By the law of nature also the command stands in that Matt. 7: whatsoever you wish that men do to you, do you also to them.

See the Encomia of Almsgiving in D. Bonavent. there, and Book 2 of the Pharetra, cap. 39, which Valencia accepts disp. 3, quaest. 9, p. 1.

The Seraphic Doctor observes moreover in the places alleged, quaest. 2, that the burial of the dead is not enumerated in Matt. 25; nevertheless it is a work of mercy enumerated Tobias 4 and 12. Whence D. Ambrose, Book on Tobias, cap. 1: If the law commands to cover the naked while living, how much more ought we to cover the bodies of the dead. Nothing is more excellent than this, to vindicate from birds and beasts the sharer of our nature.

IT IS PROVED also by S. Bonavent. in the places alleged, and S. Thom. art. 2, ad 1, because great is the honor to the dead of burial; burial; and great is the punishment, to lie unburied; and not less than to expose one's nakedness while living. Which reason was made known by D. August. lib. de cura pro mortuis, cap. 7. Valencia disp. 3, quaest. 9, p. 2. Bannes article 2.

It is proved finally concerning the other alms, Prov. 21: he that stops his ear against the cry of the poor, he shall cry himself and shall not be heard, and 1 John 3: he that hath the substance of this world, and shall see his brother in need, and shall shut up his bowels from him; how doth the charity of God abide in him? The same attest Cyprian serm. de eleemosyna, Ambrose lib. de Nabuthe, cap. 22. Basil on that saying of the rich man: I will destroy my barns. Nazianzen on the love of the poor. See Valencia puncto 4, where he observes that John says: and shall see; for if he is ignorant, he is excused, as the Doctors also commonly note.

Since however this command is affirmative, not obliging always, many questions arise as to the time in which it obliges.

I shall suppose, moreover, some certain ones. First, in extreme necessity this command of coming to the aid of the needy presses. But extreme necessity is understood not only of imminent death; but also of a grave imminent peril to life, as Valencia notes with Medina de eleemosyna, quaest. 3. Navar. in the Manual. cap. 24. In this indeed we must give alms even from things belonging to the decency of one's state, which do not stand in an indivisible, but admit breadth, as D. Thom. teaches art. 6, Sylvester under the word almsgiving, num. 2, and others with Tannero disp. 2, quaest. 5, dub. 2. That alms are to be given in extreme need to one in need of them for one's state, the Doctors teach: So D. Bonav. in the places cited, D. Thom. art. 5. Ioan. Medina tract. de eleemosyna, quaest. 3, where he says it is the common and certain opinion of the Doctors.

It is proved, because by the order of charity you are held more to the life of your neighbor than to your own means: whence runs that saying: Feed him dying of hunger; if you have not fed him, you have killed him, which saying they ascribe to S. Ambrose de offic. Gratian disp. 86, can. Pasce. And D. Thom. art. 5. For the rest see Valencia. Now I shall adduce some disputed questions.

Quaestio IV: Whether it is a precept, in common necessities, to give superfluities to the poor

Whether it is a precept to give alms to the poor from superfluities in common necessities.

( D. Thom. quaest. 32. art. 5.

I explained extreme necessity above. Grave is that which deprives one of the necessaries for his state. Ordinary, however, is that which the poor have in common.

The first opinion is negative, and is followed by Gerson p. 2. Alphab. 52. litt. E.; Alensis 4. p. quaest. 113. membr. 1.; Panormitanus in cap. si vero, extra de Iureiurando; Turrecremata in cap. sicut hi, dist. 47; Antoninus 1. p. tit. 1. cap. 24; Summa Rosella, and Pisana verbo Eleemosyna; Gabriel in 4. dist. 26. quaest. 1. Durandus 4. dist. 15. quaest. 6 leans that way; Ioan. Med. quaest. 5; and it seems to be that of D. Thomas art. 5. in fine corporis; Fernandez in suo Exam. Theol. p. 4. cap. 20. §. 2; Victorellus in the notes to Navarrus cap. 23. num 74; Turtianus 2. 2. disp. 82. dub. 2; Vasquez opusc. de eleem. cap. 1. dub. 3. num. 21; Malderus 2. 2. quaest. 27. art. 6. dub. 4; Peter Navarrus lib. 3. cap. 1. num. 358; Couarruvias lib. 3. var. cap. 14 — whom Diana cites and follows Tom. 1. tract. 15. resol. 32. et tom. 5. tract. 8. resol. 17, adding Hurtado disp. 159. sect. 4. §. 131. Nor is Granado absent Contr. 3. tract. 11. disp. 2. sect 4, saying that to withhold is only venial. Barlaeus inclines to it v. Eleem. num. 5. in praxi, and others.

The second opinion is that one is absolutely held. So D. Thom. hic, art. 7, where Cajetan, and Bannes, and the other Thomists; Paludanus 4. dist. 15. quaest. 3. art. 2; Richardus quaest. 2. art. 2; Abulensis in cap. 6. Matth. quaest. 34; Lyra in cap. 3. prima Ioan; Caesarius in eundem locum; Adrian in 4. de restit; Navarrus in manual. cap. 24; Valencia disp. 3. quaest. 9. p. 4, where he says it is already received in the schools; Becanus 2. 2. cap. 21; Bellarmine lib. de Eleemos. cap. 7; Beia in resolut. casuum, p. 2. casu in Sabb. die 19. Octob; and others, whom Tanner cites and follows disp. 2. quaest. 5. dub. 2. num. 12. It is also clearly the opinion of D. Bonaventure in the places to be alleged in the arguments.

Caspensis, walking in a certain middle way tract. 17. disp. 5. sect. 2, indeed denies such a precept universally. But he adds that one is at times held, in such a way that he who should have the purpose, even virtual, of not giving alms except in grave necessity, would sin mortally. He alleges Suarez diff. 7 sect. 3; Castro Palao: de Lorcam disp. 39. sect. 3. membr. 3; Tanner diff. 2. quaest. 5. dub. 2. num. 12; and others; but unwillingly he returns to our opinion; for he gives the reason why the rich are not universally held, because they prudently believe that the common necessities of the poor are to be driven off by others. A droll reason indeed. So therefore this good man is either never held in good faith, or always held; because they ought not believe this of other rich men; or if this is given universally as the rule, all will believe it of the others, and no one will be held to succor, nor will he succor.

I assert that the rich are held in common necessities to give alms from their superfluities.

It is proved first from D. Bonaventure ad 11. Lucae, at those words: Verumtamen, quod superest, date eleemosynam: et ecce omnia munda sunt vobis — Nevertheless, what remains, give alms: and behold, all things are clean to you. Now he explains this as being about alms owed to our own necessity, certainly necessary for penance, that we may be cleansed. Then about true alms from superfluities. And from the effects he shows its necessity. For the reasoning of Christ is: Et ecce omnia munda sunt vobis, that is, since you are full of iniquity, he teaches you to cleanse yourselves, as Valencia and Tanner also note.

For first, by alms the soul is cleansed; for it is disposed to grace, prima Timot. 4: Pietas ad omnia utilis est, promissionem habens vitae, quae nunc est, et futurae — Piety is useful for all things, having the promise of the life that now is, and of that to come. Eccles. 3: Eleemosyna enim Patris non erit in oblivione: et sicut in sereno glacies, solventur peccata tua — For the alms of the Father shall not be forgotten: and as ice in clear weather, your sins shall melt away.

Secondly, it frees from eternal punishment, Tobiae 4: Eleemosyna ab omni peccato, et a morte liberat, et non patietur, animam ire in tenebras — Alms frees from all sin, and from death, and shall not suffer the soul to go into darkness.

Thirdly, it defends from transitory punishment, Dan. 4: Peccata tua eleemosynis redime — Rede your sins with alms.

Fourthly, it mitigates the tinder of concupiscence, Ecclesiast. 3: Ignem ardentem extinguit aqua, et eleemosyna resistit peccatis — Water extinguishes a burning fire, and alms resists sins.

Fifthly, it gives victory over the enemy, Ecclesiastici 29: Conclude eleemosynam in corde pauperis, et haec pro te exorabit ab omni malo. Super Scutum potentis, et super Lanceam, adversus inimicum tuum pugnabit — Shut up alms in the heart of the poor man, and it shall pray for you against all evil. It shall fight for you as a shield of the mighty, and as a lance, against your enemy.

Sixthly, it preserves grace, Eccles. 17: Eleemosyna viri, quasi signaculum cum ipso, gratiam hominis quasi pupillam conservabit — The alms of a man, as a signet with him, shall preserve the grace of a man as the apple of the eye.

Seventhly, it gives confidence of arriving at glory, Tob. 4: Fiducia magna erit coram summo Deo eleemosyna facientibus eam — Great shall be the confidence before the most high God for those who give alms. And he adds, that these things are judged in the Judgment, Matth. 25: namely, that those who have given alms are called to life; and those who omitted them are cast into eternal fire.

That he speaks of common necessities is clear; for the inquiry is made universally about the works of mercy toward all the needy.

Moreover, he gives the conditions of these: The first is simplicity of heart, Matth. 6: Te autem faciente eleemosynam, nesciat sinistra tua, quid faciat dextera tua — But when you make alms, let not your left hand know what your right hand does. The second, discretion, Eccles. 12: Si benefeceris, scito cui benefeceris — If you have done well, know to whom you have done it. The third, compassion, Isa. 58: Cum effuderis esurienti animam tuam — When you shall pour out your soul to the hungry. And Iob. 30: Flebam quondam super eo, qui afflictus erat, et compatiebatur anima mea pauperi — I once wept for him that was afflicted, and my soul had compassion on the poor. The fourth, sweetness in speech, Eccles. 18: Nonne ardorem refrigerabit ros? Sic et verbum melius quam datum — Does not the dew refresh the heat? So also a word better than a gift. The fifth, cheerfulness in face, Eccles. 35: In omni dato hilarem fac vultum tuum — In every gift make a cheerful face. The sixth, due quantity, Tob. 4: Quomodo poteris; ita esto misericors. Si multum tibi fuerit, etc. — As you are able, so be merciful. If you have much, etc. — and he speaks of common necessities. The seventh, speed, Proverb. 3: Ne dicas amico tuo: vade, et revertere — Say not to your friend: Go, and come again,

He infers therefore D. Bonaventure from that text the argument of Christ: Since you Pharisees are full of uncleanness and iniquity, I teach you the necessary mode of cleansing yourselves, namely true penance, and alms from superfluities. For so you will make fruits worthy of penance.

Similar is the passage Lucae tertio, where John, questioned by the crowds about how they could make fruits worthy of penance — about which he had said: Omnis arbor, quae non facit fructum bonum, excidetur, et in ignem mittetur — Every tree that does not make good fruit shall be cut down and cast into the fire — answered: Qui habet duas tunicas, det non habenti, et qui escas habet, similiter faciat — He who has two coats, let him give to him who has none; and he who has food, let him do likewise. The force of whose sentence D. Jerome rightly interprets, epist. ad Hedibiam, quaest. 1, as being that it is necessary to spend superfluities on the needy, as S. Doctor notes on that place of Luke. Therefore (says S. Doctor), since they had heard that it was necessary to make fruits worthy of penance, they ask; and he also brings forward Lucae 11, alleged above. But he admonishes most beautifully, with Bede and Gregory, homil. 20. in Evangelia, that a precept is given about dividing two coats, because one is superfluous; not about dividing one, if he does not have another; for so neither would be clothed — although that would be an eminent work, such as that of the most glorious Martin at the gate of Amiens, when he divided his cloak. Behold, S. Bonaventure plainly notes, with the Holy Fathers, that it is a precept. Therefore it is the same precept, Lucae 3. et 11. Quod superest, date — What remains, give. Where the particle superest does not signify what we call "for the rest," but what supplies or super-exists, as is had in the Greek, and Valencia observes, with the same Bede and D. Bonaventure, who reads: De eo, quod superest, or "from what super-exists," from the Greek idiom, of which S. Doctor was most skilled, as they know who read his works through. Moreover, here and in the places to be alleged, they observe that the precept is taken from mere superfluity.

It is proved thirdly from D. Bonaventure in Diaeta, tit. 2. ad finem, from that 1. Timot. cap. 6. Divitibus huius saeculi praecipe facile tribuere, communicare, thesaurizare sibi fundamentum bonum in futurum — Charge the rich of this world to give easily, to communicate, to lay up for themselves a good foundation for the future. But S. Doctor notes that this is a precept given to the rich, not with respect to poor men in grave need, but precisely insofar as those riches of the rich, since they are superfluous to them, are owed to the Lord as tribute, or as a debt out of justice. And as Princes take away even the capital from those who defraud them of tributes; so also the Lord, from those who deny alms and retain their superfluities, takes away not only grace, but also, and often, temporal goods. Which must be gravely admonished; and of this he interprets Matth. 25. Tollite ab eo talentum, et date ei, qui decem talenta habet — Take away the talent from him, and give it to him who has ten talents; for from the avaricious man temporal substance is to be taken and given to him who, pitying the poor, fulfills the commands of the Lord and trades those riches so that he may receive a hundredfold in this life, and then life eternal. Hence I shall infer the reason.

Then S. Doctor considers the motives with which one ought to be led to give alms generously. The first motive is that Christ declares alms made to himself, Matth. 25. Therefore he imposes on all who wish for the eternal kingdom that they make alms. Hence it is no great thing that rich men who wish for the kingdom from God buy it with a morsel of bread; and they ought to fear hearing: Ite maledicti — Go, you cursed — according to Proverb 21. Qui obturat aures suas ad clamorem pauperis, clamabit ipse, et non audietur — He who stops his ears at the cry of the poor shall himself cry, and shall not be heard. Therefore the first motive is: Quis postulet? — Who asks? — namely, God in the poor man. The second motive is: Quid petatur? — What is asked? — because God in the poor asks what is his own: Wherefore (says S. Doctor) David said, Psal. 29. Tua sunt Domine omnia, et quae de manu tua recepimus, dedimus tibi — All things are yours, O Lord, and what we have received from your hand we have given to you.

The third motive is: Ad quid petis Deus? — For what do you ask, God? — namely that he repay as at usury: Centuplum accipiet, et vitam aeternam possidebit — He shall receive a hundredfold, and shall possess life eternal. S. Doctor uses these arguments, mingled with so many ornaments of Scripture, most useful also for sermons.

It is proved thirdly from D. Bonaventure in 3. dist. 30. quaest. 5, from that Proverb. 25. Si esurierit inimicus tuus, ciba illum; et si sitierit, potum da illi — If your enemy hunger, feed him; and if he thirst, give him drink. And Exodi 23. Si occurreris bovi inimici tui, aut asino erranti, reduc ad eum. Si videris asinum odientis te iacere sub onere, non pertransibis, sed sublevabis cum eo — If you meet the ox of your enemy, or his ass going astray, bring it back to him. If you see the ass of him who hates you lying under its burden, you shall not pass by, but shall lift it up with him. This indeed is not a ceremonial law or judicial precept, but the Natural and Divine Law, on account of which, Matth. 25, all shall be examined in judgment.

It is proved fourthly from D. Bonaventure ad 18. Lucae with those words: Facilius est, camelum per foramen acus transire, quam divitem intrare in regnum caelorum — It is easier for a camel to pass through the eye of a needle than for a rich man to enter the kingdom of heaven. But Christ said this to him who wished to give his riches in some part to the poor — against whom it is said, Eccles. 7. Noli esse pusillanimis in animo tuo: exorare, et facere eleemosynam ne despicias — Be not fainthearted in your mind: to pray, and to make alms, do not despise — as S. Doctor observes with Theophylactus.

Therefore clinging men are not saved, he says, because, as it is said prima Timot. 6. Incidunt in laqueum Diaboli, et desideria, quae mergunt homines — They fall into the snare of the Devil, and into desires which drown men. Where note that this is not said of the rich who are unwilling to give up everything and vow poverty; for that is the counsel which Christ gave to that young man; but seeing him bitter, resisting any alms whatsoever from superfluities, he said: Quam difficile est, etc. Facilius est, etc. ut supra ad 18. Lucae — How difficult it is, etc. It is easier, etc., as above at 18. Luke.

It is proved fifthly from S. Doctor ex illo Lucae 16, where that rich man Sepultus est in inferno — was buried in hell — doubtless because of his lack of mercy toward Lazarus.

It is proved sixthly from S. Doctor ex illo Lucae 12, where that rich man, whose field had yielded abundant fruits, said: Destruam horrea mea, et faciam maiora: et illuc congregabo omnia, quae nata sunt mihi, et bona mea — I will destroy my barns and make greater ones, and there I will gather all things that are born to me and my goods — but by night he heard: Stulte, hac nocte animam tuam repetent a te; quae autem parasti, cuius erunt? Sic est (inquit Christus) qui sibi thesaurizat, et non est in Deum dives — Fool, this night your soul shall be required of you; whose then shall those things be which you have provided? So is he (says Christ) who lays up treasure for himself, and is not rich toward God — where he admonishes that which he had taught Matth. 6, where alms is enjoined, and the simple manner handed down: Cum facis eleemosynam noli tuba canere — When you make alms, do not sound a trumpet. He adds: Thesaurizate vobis thesauros in caelo, etc. Nolite thesaurizare vobis thesauros in terra — Lay up for yourselves treasures in heaven, etc. Do not lay up for yourselves treasures on earth. As if to say: Everyone who lays up treasure on earth, retaining his superfluities, loses the treasures of heaven, destitute of Divine grace. Tanner also uses these means.

Hence Basil, on that passage: Destruam, etc. — I will destroy, etc. — says: Cur tu abundas; ille vero mendicat, nisi ut tu bona dispensationis merita consequaris; ille vero patientia braviis decoretur. Est panis famelici, quem tu tenes; tunica, quam in conclavi conservas; discalceati calceus, qui penes te marcescit; indigentis argentum, quod possides infossum. Quocirca tot iniuriaris, quot dare valens es — Why do you abound, while that man begs, unless that you may obtain the merits of dispensation of goods, and that he be adorned with the prizes of patience? The bread of the hungry is that which you hold; the coat, which you keep in your closet; the shoe of the barefoot, which withers in your keeping; the silver of the needy, which you possess buried. Wherefore you commit as many injuries as you are able to give.

Crying out SIMILAR things is S. Gregory of Nyssa, and he concludes, in the oration on loving the poor: O pauperum inimici! an nescitis horum causa commemorari in Evangelio exempla horrenda, et terribilia? — O enemies of the poor! Do you not know that for their sake horrible and terrible examples are recounted in the Gospel? And he adds the two examples of the twin rich men alleged above Lucae 12. et 16.

And D. Ambrose lib. de Nabuthe, cap. 11 has the same, and serm. 81: Quis tam iniustus, tam avidus, quam, qui multorum alimenta suum non usum, sed abundantiam, et delicias facit? Neque enim maius est crimen habenti tollere, quam cum possides, et abundas, indigentibus denegare. Esurientium panis est, quem tu detines — Who is so unjust, so greedy, as he who makes the food of many his own abundance and delights, not his use? For no greater crime is it to take from one who has, than, when you possess and abound, to deny the needy. The bread of the hungry is that which you detain.

D. HIERONYMUS in regula, cap. 6, as cited by Gratian, says: Aliena rapere convincitur, qui ultra necessaria sibi retinere probatur — He is convicted of seizing what belongs to others who is proved to retain for himself beyond the necessaries.

D. AUGUST. in Psal. 147: Caetera, quae superflua iacent, aliorum sunt necessaria: superflua igitur necessaria sunt pauperum; res aliena possidetur, cum superflua retinentur — The rest, which lie superfluous, are the necessaries of others: therefore superfluities are the necessaries of the poor; another's property is possessed, when superfluities are retained. The same he asserts in serm. 119, where he concludes: Quidquid enim Deus nobis, plusquam opus est dederit, non nobis specialiter dedit, sed per nos aliis erogandum transmisit: quod si non dederimus, res alienas invasimus — For whatever God has given us more than is needed, he gave not specially to us, but transmitted through us to be spent on others: and if we do not give, we have invaded the goods of others. Beda has similar things in cap. 11. Lucae.

It is CONFIRMED by D. Bonaventure lib. 2. Pharetrae, cap. 49, from that Lucae 16. Matth. 6: Facite vobis amicos de mamona iniquitatis — Make for yourselves friends of the mammon of iniquity — where D. Gregory: Si caelestis patrimonium eleemosynis emitur, pauperes non sunt audiendi, ut egeni; sed ut patroni exorandi — If the heavenly patrimony is bought with alms, the poor are not to be heard as needy, but to be entreated as patrons — thus homil. 40. in Evang. near the end. But S. Doctor notes in connection with that passage that Mammon is called the mammon of iniquity, not because the goods were acquired by rapine and iniquity; but because riches mostly lead to iniquity, as is said Eccles. 11: Si dives fueris, non eris immunis a peccato — If you shall be rich, you shall not be free from sin. But it is understood (says D. Bonaventure) that it ought to be given from riches which are possessed by a just title, and yet beget iniquity unless they are distributed, according to that Eccles. 10: Nihil est iniquius, quam amare pecuniam — Nothing is more iniquitous than to love money. For he who does so has even his soul for sale. Of these riches, I say, friends ought to be made to you through the bestowal of alms, which manifest the affection of piety; for it is said prima Ioan. 3: Qui habuerit substantiam huius mundi, et viderit fratrem suum necessitatem habere, et clauserit viscera sua ab eo: quomodo charitas Dei manet in eo — He who shall have the substance of this world, and shall see his brother have need, and shall shut up his bowels from him: how does the charity of God remain in him? And Eccles. 29: Perde pecuniam propter fidem, et amicum, et ne abscondas illam sub lapidem in perditionem — Lose your money for faith and a friend, and hide it not under a stone to perish. And Proverb. 11: Qui abscondit frumenta maledicetur in populis — He who hides up grain shall be cursed among the peoples. Thus far S. Doctor at 16. Lucae.

AGAIN in the Pharetra the same confirms it, from that Matth. 25, where he adds D. Gregory homil. 40: Ad tribuendum pigri cur estis, quando hoc, quod iacetis in terra porrigitis, sedenti in caelo datis? Dominus ait: Quidquid fecistis uni de his fratribus meis minimis, mihi fecistis — Why are you slothful in bestowing, when you give to him who sits in heaven what you extend lying on the earth? The Lord says: What you have done to one of these my least brethren, you have done to me.

These authorities, indeed, speak not of grave necessities only, but of ordinary ones, as is evident to the reader. Nor is this precept only at certain times, but it is taken from the very nature of superfluous riches, and binds by the very fact that superfluous riches are present.

It is PROVED also by the reason indicated in argument 2, from D. Bonav. in Diaeta, tit. 2, which is taken from the Holy Fathers — Basil, Ambrose, August., Nyssenus, and others above — and which D. Thomas 2. 2. quaest. 66. art. 7, Valencia here, and others use. The division of things made by the law of nations was just, when before all things were common. But if it is just, it ought to have constituted a human mode of living from things before common by the law of nature: Yet what would be an equal distribution, if some washed their robes in wine, swam in butter, abounding in all riches, flowing with all commodities; while others had not even bread enough; and yet the most opulent were not held to furnish necessaries to these poor men? Surely this is the pedagogy reserved to God, that if the rich have redundancies, they give to the needy something at least for necessity. This indeed would be iniquitous, to leave the greater part of men in misery, when by the law of nature they were equally owners before.

THAT that distribution was just is proved; for in it all the peoples consented unanimously, by the dictate of natural reason; otherwise the Laws of the law of nations would have to be rescinded, which are nevertheless everywhere held in the highest esteem.

THEREFORE God, from nature, preserved this in that law of nature: that superfluities be distributed to the poor. Hence Ambrose, serm. 81: Numquid iniquus est Deus, ut nobis non aequaliter distribuat vitae subsidia? ut tu quidem esses affluens, et abundans, aliis vero deesset, et egerent? — Is God iniquitous, that he does not distribute the helps of life equally to us? so that you indeed should be affluent and abounding, while others lack and are needy? Behold the reason of D. Bonaventure assigned above.

You OBJECT first with Diana, and others collected by him: If all superfluities were to be given to the poor, it would be necessary to condemn all rich men who have superfluities, and all their Confessors. Vasquez presses it num. 14: Laity can retain from patrimonial goods for their own state, or that of their blood relations, to be increased; but then it will never be superfluous. Hence you will scarcely find superfluities among seculars and Kings. These things indeed are plausible to the Confessors of the rich.

Valencia ANSWERS, from the doctrine of D. Bonaventure above in the arguments, that the precept of spending alms on the needy arises not from grave, but from ordinary necessity, not from the force of necessity; but from the force of superfluity, which indeed is to be prudently estimated, so that he is not held to spend to every needy man, but to those whom he shall see, with a prudent proportion, to pertain to him, the things to be retained being retained, for his state and the preservation of that state; indeed, and with some cautious augmentation, as men of a scrupulous conscience are wont. Yet the avarice of that rich man, Lucae 12, who wished to enlarge his barns so as to change his state, is to be shunned, for this mode is reprobated by God. Hence that rich man is called a fool by God. Therefore the rich ought to distribute a part to the needy from their superfluities, with regard had to place, time, and other circumstances. And so in our opinion the rich, or their Confessors, are not condemned so headlong; but avarice and cupidity are condemned, which if any Confessors foster (Valencia says) they will be blind, giving leadership to the blind, and both will fall into the pit, as is said Matth. 15.

You OBJECT secondly. If he is held to give his superfluities, and cannot retain them: Therefore neither can he acquire them.

Valencia ANSWERS, denying the sequel, because it is not a sin simply to have superfluities; but to retain them, not giving on occasions, even to the needy; indeed, to acquire some, so that he may provide prudently both for himself and be able to give generously to the needy: but it would be a sin if at once the possessions were ill-gotten. Those things indeed cannot be acquired which are detained against justice; nor if they are acquired with that mind, that you wish to retain them tenaciously, denying alms to the needy on occasions; But to acquire them simply is not evil; for these can be licitly retained, giving on occasions even to poor Churches for pious uses, etc. Hence nor are even certain things prohibited for their own state, as banquets, etc.

From which it is elicited that, much more in grave necessity, one is held to spend alms from superfluities. So hold Diana resol. 14. tract. 8. Granado is cited contr. 3. tract. 11. disp. 2. sect. 4. num. 18; Vuigers quaest. 36. art. 6. concl. 3; Laymann lib. 2. tract. 3. cap. 6. num. 4; Sanchez in opusc. tom. 1. lib. 1 cap. 5. disp. 5; Bannes quaest. 32. art. 6; Soto de Iustitia, lib. 5. quaest. 3. art. 4; Aragon quaest. 32. art. 5; Salo quaest. 32. art. 5; Salo quaest. 71. art. 1. controv. 1. ad 1; Navarrus de restit. lib. 3. cap. 1. num. 358; Malderus quaest. 32. art. 6. dub. 4; Valencia disp. 3. quaest. 9. p. 4; Hurtado disp. 159. sect. 4. §. 82; Azorius tom. 2. lib. 22. cap. 7. quaesito 4; Coninck disp. 27. dub. 8. num. 125. et 130; Turrianus disp. 82. dubio 1; Vasquez opusc. de eleemosyna, cap. 1; Tannerus disp. 2. quaest. 5. dub. 2. num. 13, citing very many.

It is PROVED, because charity commands one to relieve the grave evil of his neighbor. It is confirmed from all that has been said for the common necessity, which here presses much more.

Moreover, monasteries also that abound are held to this alms. So Sanchez tom. 1. lib. 2. cap. 2. dub. 28. num. 17, and both Rodriguez, Emanuel and Hieronymus — the latter here in Compend. qq. regul. quaest. 59, the former in qq. regul. tom. 2. quaest. 57. art. 1; Soto de Iustitia lib. 10. quaest. 4. art. 4; Reginaldus tom. 1. lib. 4. cap. 21. num. 283; Tostatus ad cap. 6. Matthaei, quaest. 60 — who bring forward that Lucae 11. Quod superest, date eleemosynam — What remains, give alms — as it is cited cap. Quia sua, 12. quaest. 1. These speak also in ordinary necessities. But Diana Resol. 33, with Suarez tom. 2. de Relig. tract. 1. lib. 2. cap. 26. num. 13, limit it to grave necessities only, to whom add Peirinus de Praelatis tom. 2. quaest. 1. cap. 3. num. 57. To these I add, with D. Bonav. in 4. dist. 15. p. 2. quaest. 1, that individual religious also can do this by the license of the prelate.

Also all who have ownership are HELD, as sons in castrensian goods. See Filliuccius tom. 2. tract. 28. cap. 4. num. 94; Diana loc. cit. resol. 25. So also wives, from paraphernal goods — namely those which, when she married, she reserved to herself, besides the dowry, for her own uses, and which, the marriage standing, came to her by inheritance, or from donation. So D. Thom. quaest. 32. art. 8; D. Bonaventura in 4.

SIMILARLY, Tutors and curators, having administration, are held, in grave necessities.

Quaestio V: Whether anyone is bound at some time to give alms from things necessary to his state, apart from the extreme necessity of the neighbor

Whether one is at some time obliged to give alms from goods necessary for one's state, apart from the extreme necessity of the neighbor.

The FIRST opinion is negative. So Cajetan in the treatise on alms and in the Summa, at the word Alms; Sanchez tom. 1. opusc. lib. 1. cap. 5. disp. 5. num. 44; Martin Ledesma in 2. p. q. quaest. 18. art. 3; D. Thomas in 4. dist. 15. quaest. 2. art. 4. quaestiunc. 1; Salo quaest. 31. art. 1; Soto de Iustitia, lib. 5. quaest. 8. art. 1; Navarrus de restit. lib. 3. cap. 1. num. 122; Diana is to be cited; Fulgentius lib. 3. cap. 10.

The SECOND opinion is that he is obliged, provided it can be done with less inconvenience than that which the needy neighbor undergoes; for instance, if the neighbor must fall from his state, or incur calamities. So Paludanus 4. dist. 15. quaest. 3; Adrian quodl. 12. art. 2. concl. 2; Bannes quaest. 31. art. 6. dub. 4, who says that certain theologians of our time have taught this opinion — Victoria, Soto, Cano; and it seems to be the opinion of D. Thomas art. 5. ad 3. Valencia also defends it disp. 3. quaest. 9. p. 4; Tanner disp. 2. quaest. 5. dub. 2. num. 12. This seems to me the opinion of D. Bonaventure LL. CC. in the preceding quaest., which Hurtado disp. 159. sect. 4. §. 92 and Sylvester quaest. 32. art. 6 uphold among the moderns, and others collected in Diana 4. p. tract. 4. resol. 225. and p. 5. tract. 8. resol. 15.

It is proved first from D. Bonaventure 3. dist. 29. quaest. 6, where he shows that charity must go forth into effect; and he brings forward prima Ioan. 3, where after saying: If anyone have the substance of this world, and see his brother have need, and shut up his bowels from him: how does the Charity of God remain in him? he concludes: Let us not love in tongue, but in deed, and in truth. This, he infers, is done if one has not denied one's own substance in any way to one's neighbor, when he is in a necessity that is not extreme; but if he has denied it, it is inferred that he does not have Charity.

It is proved secondly by that example Matth. 18 of the man who refused to forgive the debt to the one who owed him, and was delivered to the torturers; and yet he was such that he himself had not wherewith to pay his Lord. Hence he stood in need of those things which his fellow servant owed.

It is proved thirdly from the Fathers, who, while they say alms are to be given from superfluities, seem to understand by superfluities also the abundance suitable to one's state, which are to be given when the neighbor is in necessity, as Valencia observes after D. Bonaventure 4. dist. 15. p. 2. art. 2. quaest. 1. ad ultimum.

You object. Since the necessities of the poor are very many, very many rich men, who do not give what is suitable to their own state, would be condemned — who certainly do not gladly listen to this tune, and wise men find no reason why they should be condemned.

It is answered that the necessities of which we speak are not so many, so as to be evident even to us, so that many are condemned; and certainly Christian charity seems to teach by its own light that other Christians, who have slipped into miseries, are to be relieved with some inconvenience of ours, even a notable one: nor is it true, as Diana says, that the rich have a right to live splendidly in their own state at so great damage and misery to the poor.

Quaestio VI: Whether alms is owed out of justice to one in extreme need

Whether alms are owed to one in extreme indigence out of justice.

The FIRST opinion is that in such a case alms are given out of mercy alone. So Lorca 2. 2. sect. 3. disp. 39. membr. 4. num. 45; Sanchius in opusc. tomo 1. lib. 1. cap. 5. dub. 5. num. 61; Salo 2. 2. quaest. 62. art. 7. controv. 2; Bannes 2. 2. quaest. 32. art. 6; Maldonatus 2. 2. quaest. 32. art. 6. dub. 3; Azor tom. 2. lib. 12. cap. 9. quaesito 3; Turrianus tom. 1. in 2. 2. disp. 82. dub. 3; Soto de Iustitia lib. 4. quaest. 7. art. 1. ad 4. et lib. 5. quaest. 3. art. 4; Bellarmine lib. de eleemos. cap. 6; Louis of Saint Juan in Summa, quaest. de eleemos. art. 3. dub. 3. diff. 3; Coninck disp. 27. dub. 7. num. 104; Reginaldus tom. 1. lib. 4. cap. 20. num. 264; Gordonus tom. 2. lib. 6. quaest. 14. cap. 3. §. 2; Molina Tom. 1. tract. 2. disp. 144; Vasquez opusc. de eleemos. cap. 1. num. 37; Suarez de Charitate, disp. 7. sect. 6; Villalobos in summa, tom. 1. tract. 22. diffic. 2. num. 9; Diana p. 5. tract. 8. resol. 2; Caspensis disp. 5. sect. 2.

The SECOND opinion is that in such a case it is a debt out of justice. So D. Bonaventure in 4. dist. 15. p. 2. dub. 5; D. Thomas quaest. 118. art. 4. ad 2; Cajetan ibi art. 3; Aragon 1. 2. quaest. 32. art. 5; Spino in spec. testament. gloss. 6. num. 8; Navarrus.

The same is the opinion of the Holy Fathers, whom I recited in quaest. 4, and they are cited in Gratian dist. 42.

I ASSERT, with this opinion, that alms are owed to one in extreme indigence out of justice.

It is proved, because all goods, common by the law of nature, were made private property with this condition, as I said in quaest. 4. Hence Hurtado reconciles the authors thus: one is held out of justice when the neighbor is in extreme need of money, clothing, and other goods, the division of which was made by the law of nations; not when the neighbor has need of our industry, for he never had a right to that.

The adversaries answer that this is not to be taken so strictly that, in extreme necessity, the rich owner loses ownership because of another's necessity; but only that he is bound out of mercy.

Yet it is not necessary that ownership be lost; but it suffices that, for the time of the necessity, the needy man be able to use them.

From these, other quaestiones are solved.

FIRST, Villalobos Tom. 1. tract. 22. difficult. 2. num. 10 infers, with Cajetan, Sarmiento, and Aragon, that one in extreme indigence can have recourse to a judge against the rich.

SECONDLY you have, that if the neighbor has need not only of the use, but of the thing itself, it is not enough to lend. So Villalobos Tract. 2. difficult. 2; Ariaga quaest. 118. art. 5; Bannes dub. 3; Granado 22. controv. 3. tract. 11. disp. 7; Valencia Tom. 3. disp. 3. quaest. 9. p. 4; Turrianus v. 2. Tom. 1. disp. 82. dub. 6; Suarez de Charitate, disp. 7. sect. 5; Becanus 2. 2. tom. 1. cap. 21; Lorca 2. 2. disp. 39. num. 54; Soto de Iustitia, lib. 4. quaest. 7. art. 1; Coninck disp. 27. dub. 9. num. 153; Reginaldus tom 1. lib. 4. cap. 20. num. 260; Diana loc. cit. resol. 5, against Tanner num. 20 and others collected by him. So also Foliensis lib. 3. cap. 10.

THIRDLY they gather that one is obliged, from goods necessary for one's state, to relieve one in extreme indigence. So Suarez de Charit. disp. 7. sect. 4; Turrianus 2. 2. disp. 82. dub. 4; Valencia disp. 3. quaest. 9. p. 4; Vasquez de eleemos. cap. 1. num. 10. et 25; Filliuccius tom. 2. tract. 28. cap. 3. num. 64; Gordonus tom. 2. lib. 6. quaest. 14. cap. 4. n. 7; Villalobos Tom. 1. tract. 22. diffic. 20, citing Bannes, Cajetan, and Sylvester against Foliensis loc. citat.

They DEDUCE, fourthly, Diana resol. 8; Peter Navarrus lib. 4. cap. 4. num. 24; Coninck disp. 27. dub. 10. num. 166; Palao tom. 1. tract. 6. disp. 2. p. 10; Hurtado 2. 2. disp. 159. sect. 3. §. 63, that he who stole before extreme necessity, and completed the theft in extreme necessity, is not held to restitution; and much less, if he stole in extreme necessity, is he afterwards held, even if he could restore — as Soto teaches de Iustitia, lib. 4. quaest. 7. art. 1; Aragon 2. 2. quaest. 31. art. 6; Sylvester; Angelus; Rosella; Tabiena — whom he cites and follows, and Azor does not dissent Tom. 2. lib. 12. cap. 8. quaestio 7, nor does Diana resol. 9.

From which I draw an argument ad hominem for our principal assertion: Therefore he is not held to restore, because the consumption of another's goods in extreme necessity is just — for indeed in that necessity it is licit to take goods from the rich, and this is done justly: Therefore alms are owed out of justice to one in extreme indigence.

Indeed, they deduce that if a creditor is in extreme necessity, and the debtor has father and mother also in extreme necessity, he is bound first to help father and mother, and indeed also sons and brothers. So Diana resol. 12; Sylvius 2. 2. quaest. 31. art. 3; Hurtado 2. 2. disp. 159. sect. 3. §. 69; Lessius lib. 2. cap. 16. dub. 1. num. 14; Toletus lib. 5. cap. 24; Castro Palao tom. 1. tract. 6. disp. 2. pag. 11.

Indeed, many say, in Diana resol. 23, that a poor man, even in a grave but not extreme necessity, may steal from the rich, when they themselves are bound to give alms. So Diana; Coninck disp. 27. dub. 10. num. 161; John Wiggers 2. 2. quaest. 32. art. 6. num. 33; Vasquez opusc. de eleemos. cap. 1. dub. 7. num. 60; Hurtado disp. 159. sect. 4. §. 92. iuncto §. 19; Angelus v. furtum, num. 37; Castro Palao tom. 1. tract. 6. disp. 2. p. 10; Andreas Duallius in 2. 2. D. Thom. tract. de charit. quaest. 8. art. 3. Nor do we say that owners of goods, in the extreme necessity of others, lose ownership of them — with which Caspensis num. 10 brandishes at us — but that in extreme necessity the needy man acquires the use, as far as the extreme necessity requires; and hence he does not acquire ownership simply, but only as regards that which the use carries with it in consumable goods.

CONCLUDE, finally, that Ecclesiastics are held more by this precept: both by reason of their state, and by reason of the goods of the Church, which are the patrimony of the poor. Hence, by the common opinion, they are held to expend in alms, or other pious works, whatever remains from the revenues of a benefice over and above their suitable sustentation. For so those goods were left by the testators; as Peter a Sancto Joseph Foliensis observes lib. 3. cap. 10. de Charit. I beseech that they engrave the holy decree of the Council of Trent sess. 25. cap. 1. de Reform. with golden characters in wax, to be infigged in the heart of cedar, and meditate on it assiduously and read it through with piety. There they will measure out a mediocrity; they will discern excesses, and moderate them. Read D. Bernard epistol. ad Fulc.

Quaestio VII: Whether Alms ought to be given from justly possessed goods

Whether Alms ought to be made from goods justly possessed.

OBSERVES S. Doct. that goods can be, or manifestly another's, or common, or one's own; and that these last can be acquired, either honestly, or disgracefully.

I ASSERT first, that alms cannot be made of another's goods.

IT IS PROVED by D. Bonav. first from all the laws, which enjoin that donations not be made of another's goods, because, he who does not have dominion of a thing, cannot transfer it.

SECONDLY from the Scriptures, Prov. 30. Honor God of thy substance. Ecclus. 34. The oblation of him who sacrificeth from unjust gain is spotted. He that offereth sacrifice of the substance of the poor, is as one that sacrificeth a son in the sight of his father. And below: The Most High approveth not the gifts of the wicked. S. Doct. adds to 11. Eccles. this: Cast thy bread, etc. thine, not another's (says S. Doctor.)

THIRDLY from D. Gregory in the Register, lib. 7. epist. 110. signifying this.

NEITHER let them say, that they wish to make satisfaction for the avaricious owner of those goods, who does not give alms: For it does not pertain to us to compel anyone to that to which he himself is bound, as D. August. says homil. 7. and 50. and it is reported in the Decretis 14. quaest. 5. can. Forte.

But the ASSERTION is understood, when it is done without the consent, at least presumed, of the Owner: for thus a son can give of his Father's goods, a wife of her Husband's, a servant of his Master's, because they can presume the consent of all of them. Yet Valentia adds with D. Bonav. and D. Thom. that in the case of the extreme necessity of one's neighbor, one can give of another's, because then all things are common. So Tanner. disp. 2 quaest. 5. dub. 1. num. 21.

Second assertion. As to common goods, the consent is necessary, either of the community, or of the Prelate, to whom it pertains, as is had in cap. Cum in cunctis, extra de iis, quae fiunt a maiori parte Capituli. And 12. quaest. 1. can. Certum est. As Medina well notes Tract. de eleemosyna, quaest. 4. Valentia disp. 3. quaest. 9. p. 5. Tannerus disp. 2. quaest. 5. dub. 2. num. 28.

Third assertion. If anyone does not have the administration of goods, he cannot give in alms, as the mentally incapacitated, and minors, as even those already cited note.

Fourth assertion. Those things which are disgracefully acquired, through some unjust business, as usury, a deceitful game, theft, rapine, cannot be given in alms; but they ought to be restored.

It is proved by S. Bonav. to 4. because dominion of these is not had by him who possesses them. As to things gained at dice, if they are acquired from someone who does not have the administration, as from a son, a minor, etc. they ought to be restored. Similarly, if someone led others to an illicit game, such as dice, or another which depends more on fortune than on skill. But truly, if he himself was induced by another, and he won, he is not bound; nevertheless he is called a possessor in bad faith by the laws, as Valentia reports disp. 5. quaest. 6. puncto 5. Nauarr. Manual. cap. 29. and it is had in an. Episcopus, dist. 35. and cap. Clerici 2. Extra de vita, et honest. clericorum, and L. solent, ff. de alea lusu. And Auth. Alearum usus, C. de Relig. et sumpt.

Tannerus adds, that of evilly acquired things, which are not to be restored in specie, alms can be made, the obligation of restitution remaining; but who is ignorant of this?

Fifth assertion, that things acquired in a disgraceful way, which is not against justice, as by meretricious means, can be given in alms. So S. Doct. to 4. D. Thom. art. 7. whom others follow. For that thing belongs to the very acquirer. See Tannetum num. 12.

I add first with D. Bonau. D. Thom. art. 7. and Valentia, that what is acquired through a game, to which he compelled another out of greed for gain, is illegitimately acquired. It is proved, because thus dominion was not transferred with full will.

I add second with D. Bonau. to 4. D. Thom. Valentia, Tanner, that on account of scandal, it is not to be offered to God from meretricious gain, nor accepted; whence it is said Deut. 23. Thou shalt not offer the hire of a harlot into the house of the Lord thy God; which was prohibited only on account of scandal, and irreverence.

S. Doct. adds third, that alms are not commonly to be given from that which is simply necessary for human sustenance, unless we wish to follow the state of perfection, according to the counsel of the Gospel, Matth. 19. If thou wilt be perfect, go, sell all that thou hast, and give to the poor.

He notes also, that penitents are not to be compelled to those alms.

From all these you have, with D. Bonau. at the end of the body of the quaest. that all, and only those, can make alms, who have legitimate dominion, and administration. Therefore a married woman cannot make alms from the goods of her husband, but only from her own, as S. August. says epist. 199. So of gained revenues, at least the twentieth part she can give. So Bannes art. 8. Malderus there, Cenedo, Ledefma, Vega, and others, whom Diana reports p. 1. tract. 1. Miscel. resol. 33. Caspensis disp. 6. sect. 3. Tanner. num. 24. But of her own Paraphernal goods she can give generously. Similarly also a son of the Castrense, or quasi-castrense goods; See Valentia p. 6. Diana p. 5. tract. 8. resol. 25. Azorium t. 2. lib. 12. cap. 10. quaestio 1. Hurtadum 2. 2. disp. 159. sect. 6. §. 139. who adds, that a son can pilfer something for honest uses.

Circa those receiving alms, feigning poverty, they are bound to restitution. So commonly the Doctors at Diana 5. p. tract. 8. resol. 21. Fabrum in 4. dist. 50. num. 120. who adds Scotus, Gabriel, Alensis, and others. To these add D. Bonau. Tract. de paupertate, and on the rule of the Minors. Diana adds as to those begging door to door, that they are excused, because in few things the reason is had not of poverty, but of mercy. The restitution of these, however, some say must be made to the giver; others, to the poor. See Diana loc. cit. resol. 22.

Note further, as we said of charity, and its intrinsic order; so must we speak of the extrinsic, as to making alms; that it first be made to those more nearly related, and as S. Doct. taught there, that even sinners, as partners of nature, are to be loved, so I say that alms are also to be bestowed upon them, against Vuiclephus at Vualdensis Tom. 3. lib. 2. doctrinalis fidei antiquae, cap. 81. let it be not to the sinner, as the sinner is obstinate, and in this sense is understood Ecclus. 12. Give to the merciful, and uphold not the sinner, as S. Thom. also has it art. 9. ad 1.

To all of whom alms must be made, S. Doct. teaches to 11. Eccles. Cast thy bread upon the passing waters. The waters are the nations. Apoc. 17. and tribulations Psal. 68. Therefore Luke 14. When thou makest a feast, call the poor, and the feeble, the blind, and the lame.

You will object first, against the first assertion, Luke 16. Make to yourselves friends of the mammon of iniquity.

S. Doct. answers that this is to be understood of that which is gained unjustly by accident, not of the unjust against justice; for this ought to be restored.

Or they are called iniquities, because they are the origins of iniquities, as S. Thom. here, and S. Bonau. at that place expound. See the SS. Doctores, alleging other expositions.

You will object secondly. The Hebrews offered for the Sanctuary gold, and silver, stolen from the Egyptians.

S. Doct. answers that God transferred dominion to them; and by the right of wages, those things were owed to them, others note.

As to the quantity of alms of Ecclesiastics, Diana reports resol. 27. that he has devoured all the authors, and that the broadest opinion is, that they give the fourth part of revenues, as Bannes, and Tanner say, or the half of what remains after suitable sustentation.

And this also concerning the Pope many assert at Diana resol. 28. and many things concerning Pensionaries are had at the same resol. 29.

Many add, that they are bound to restitution, of whom ten are reported, almost all classic authors, by Diana resol. 31. Yet he himself holds the opposite with 16. Doctors, almost all moderns. The reason is, because they have dominion. He asserts also resol. 51. that Regulars, assumed to the Episcopate, have dominion, and he reports many DD. loc. cit. and 3. p. tract. 2. resol. 50. the opposite, however, he does not reject, which is that of very many.

FOUR genera of alms S. Doct. enumerates at Psal. 36. and in 4. dist. 15. punct. 2. in the literal dubia. Correction, remission of injuries, compassion for oneself, bestowal of one's own benefit. Of the first, and last it is said: Give to everyone that asketh thee, Luke 6. a thing, or the health of the soul by correction. Of the second it is said, Matth. 5. And if he strike thee on thy cheek, offer him the other also. Of the third it is said Ecclus. 30. Have pity on thy own soul, pleasing God. And surely spiritual alms are worthier, says S. Bonaventura dub. 3. litt. with D. August. Enchir. cap. 73.

But that spiritual alms should be begun with oneself, S. Doct. warns, dub. 4. Then he praises austerity toward oneself more than toward others, in corporal things.

As to quantity, dub. 6. he commends generous alms according to each one's state; nevertheless he admonishes those making alms, to take note so much of the little old woman, who gives according to her state a little, as of the Queen giving treasures, as is said Luke 21.

He APPENDS, dub. 7. certain conditions essential to alms; others accidental. Among the essential, the first, he says, is that it proceed from charity, that it be meritorious, as is said 1 Corinth. 13. The second on the part of the receiver, Luke 14. Call the poor, etc. The third on the part of the gift: Honor the Lord of thy substance. The fourth on the part of intention, that it not be made, as hypocrites are wont, for they have received their reward. Matth. 6.

THE OTHERS are conditions for the well-being of alms, Ecclus. 3. Give to the just, and receive not the sinner, which he expounds as deferring to the sinner. Or concerning the heretic, to whom an alms is not to be given without extreme necessity. Secondly hilarity in giving is required, 2. Cor. 9. Thirdly abundance, as much as can be done, Tob. 4. Fourthly speed is required, Prov. 3. Say not: go, and return Eccles. 4. Prolong not the gift to one in anguish.

MOST EMBLEMATIC symbols of alms see in S. Bonav. in the Diaeta, tit. 2. cap. 7. where he compares it to the Light, which ought to be sent before death, that we may see the way to eternal life. To the River, which goes out from the sea and returns, Ecclus. 1. For it returns the same to us. Therefore he compares it to the Seed, which multiplies grains. Therefore Prov. 19. He that is merciful to his neighbor, lendeth to God. He observes, however, that precious seeds, such as of wheat, are not gathered in the same year, so also alms, best given, not in this life, but in the other; while others have in this life a reward after the manner in which vile seeds, such as millet, immediately render their produce. See other most excellent things in S. Doctor. Of accepted alms he has very many authorities from the SS. PP. in the Pharetra lib. 2. cap. 49. Of rejected alms others, cap. 50.

§ III: On Fraternal Correction

On Fraternal Correction.

BETWEEN the two species of Mercy, poured out on either side into seven-flowing rivulets, as you have above, quaest. 2. sect. 2. on alms, Fraternal Correction is wont to be enumerated, by which many goods are bestowed on those under one's eye, when their advantage, not their will, is consulted, as D. August. has it in the Seraphic Doctor's lib. 4. Pharetra, cap. 38. And if perhaps the foreseeing that this advantage will not follow, D. Gregory also urges that one's neighbor be corrected for the public good, here at S. Bonav. Since, as he says, it is better that one be condemned for the salvation of many, than that many be endangered through the license of one. Here, however, we must treat of correction, as it is a certain species of spiritual alms, shown to the offender.

Quaestio I: Whether FRATERNAL CORRECTION is a matter of precept

Quaestio II: Whether the order of fraternal correction, even in Religious Orders, is a matter of precept, so that the correction first be made in secret

Disputatio XI: On Hatred

Quaestio I: What the object of HATRED is, and what it is

Quaestio II: What, and what kind of sin, hatred is

Disputatio XII: On Sloth

Quaestio I: What ACEDIA is, and what its object is

Disputatio XIII: On Envy

Quaestio I: What ENVY is, and what its object is

Quaestio II: How perverse ENVY is

Disputatio XIV: On Discord, and Contention

Quaestio I: What DISCORD is, and what kind of sin

Quaestio II: What kind, and how great, a sin Contention is

Disputatio XV: On Schism

Quaestio I: What kind of sin SCHISM is

Quaestio II: How great a sin SCHISM is

Quaestio III: What punishments are owed to SCHISMATICS

Disputatio XVI: DE BELLO

Quaestio I: Whether any war can be just

Quaestio II: What conditions are required for a just war

Quaestio III: By whom BELLUM (war) may be waged

Disputatio XVII: On Quarreling, and Sedition

Quaestio I: What RIXA (quarreling) is, and what kind of sin

Quaestio II: What sedition is

Disputatio XVIII: On Scandal

Quaestio I: What, and of how many kinds, SCANDAL is

Quaestio II: Whether SCANDAL is a special sin

Quaestio III: What is to be done, and what omitted, to avoid scandal

Quaestio IV: Whether it is lawful to persuade one resolved upon a great evil into a lesser evil

Disputatio XIX: On the Gift of Wisdom

Quaestio I: What kind of gift WISDOM is

Quaestio II: What is the usefulness, and necessity, of this Gift

Quaestio III: By what means is the GIFT OF WISDOM obtained from God

Quaestio IV: On the illumination that Wisdom brings

Quaestio V: On the spiritual delights of Wisdom

Quaestio VI: How Folly is opposed to Wisdom

Quaestio VII: Whether the seventh Beatitude corresponds to the gift of Wisdom

Disputatio XX: On Prudence

Quaestio I: What PRUDENCE is

Quaestio II: Whether PRUDENCE is a virtue

Quaestio III: Which are the offices of PRUDENCE

Quaestio IV: Who are the participants in PRUDENCE

Quaestio V: How Prudence is acquired, and lost

Quaestio VI: On the parts of the Virtue of PRUDENCE

Quaestio VII: How certain rules of prudence, applicable to the Monastic and Political state, are drawn from the Angelic Hierarchy

§ I: On the Prudence that men bound by solemn vows claim for themselves from the first choir of Angels

§ II: On the Governance of the Prelates of the Church, from the Second Hierarchy of the First Choir, likened to the Dominations

§ III: On the Prudence of Judges, compared with the Virtues, from the second order of the second Hierarchy

§ IV: On the governance of Princes, and similar Powers

§ V: On the Prudence of individuals, from the lowest Hierarchy

Quaestio I: Whether there is one PRUDENCE for all the moral virtues

Disputatio XXI: On the Gift of Counsel

Quaestio I: What the gift of COUNSEL is, and what its office is

Quaestio II: How the GIFT OF COUNSEL orders the mind

Quaestio III: Whether the Gift of COUNSEL remains in heaven

Quaestio IV: Whether the fifth Beatitude corresponds to the Gift of Counsel

Disputatio XXII: On the Vices contrary to Prudence

Quaestio I: On PRECIPITATION

Quaestio II: On INCONSIDERATENESS

Quaestio III: On INCONSTANCY

Quaestio IV: On Negligence

Quaestio V: On the prudence of the flesh

Quaestio VI: On ASTUTENESS

Quaestio VII: On CRAFT (dolus)

Quaestio VIII: On FRAUD

Quaestio IX: On solicitude for temporal things

Quaestio X: On solicitude for the Future

Quaestio XI: On the precepts of PRUDENCE

Disputatio XXIII: On Justice

Quaestio I: Whether Ius (right) is the object of JUSTICE

Quaestio II: What JUSTICE is

Quaestio III: Whether JUSTICE is a special virtue

Quaestio IV: In what subject JUSTICE consists

Quaestio V: Whether JUSTICE is the most excellent of the moral Virtues

Quaestio VI: What kind of sin INJUSTICE is, and how it is committed

Quaestio VII: Whether Judgment is an act of JUSTICE

Quaestio VIII: By what means the public Judgment of a Judge is just

Quaestio IX: In what way private judgment about the neighbor is illicit

Quaestio X: Whether Distributive JUSTICE differs in species from Commutative

Disputatio XXIV: On Restitution

Quaestio I: What RESTITUTION is

Quaestio II: Whether RESTITUTION is necessary for salvation

Quaestio III: Who is bound to RESTORE

Dubitatio I: Whether he is a true cause of loss without whom the loss would still have followed

Dubitatio II: On the indirect causes of loss

Dubitatio III: Whether one who has promised three or four times to restore, and has not restored, is to be absolved before restitution

Quaestio IV: To whom RESTITUTION is to be made

Quaestio V: What ought to be restored

Dubitatio I: Whether the goods of fortune are to be restored in the same way

Dubitatio II: In what manner RESTITUTION is to be made for goods of the body

Dubitatio III: Whether, and how, RESTITUTION of Fame, and Honor, is to be made

Dubitatio IV: On the restitution of goods of the soul

Dubitatio V: When a thing acquired by contract is to be restored

Dubitatio VI: When things acquired by donation ought to be restored

Dubitatio VII: When things acquired by prescription are to be restored

Dubitatio VIII: When a thing acquired as wages for the function of an office is to be restored

Dubitatio IX: Whether the wages of harlotry are to be restored

Dubitatio X: When things acquired by fowling, fishing, and hunting are to be restored

Dubitatio XI: When things acquired by the use of common things are to be restored

Dubitatio XII: Whether things acquired in illicit games are to be restored

Dubitatio XIII: Which things are to be restored on account of finding

Dubitatio XIV: On the restitution of goods impeded by violence, fraud, or evil intention

Dubitatio XV: Whether anyone is bound to restore defrauded customs duties

Dubitatio XVI: What form is to be observed in a just tribute

Quaestio VI: How much is to be Restored

Quaestio VII: When restitution is to be made, and the causes excusing from it

Dubitatio I: Whether entrance into Religion excuses from Restitution

Dubitatio II: Whether cession of goods excuses from restitution

Dubitatio III: On the causes excusing from Restitution on the part of the creditor

Dubitatio IV: On the causes excusing from restitution on the part of the debtor

Dubitatio V: On the causes excusing from Restitution on the part of the public authority

Quaestio VIII: Where restitution is to be made

Quaestio IX: How restitution is to be made

Quaestio X: In what order restitution is to be made

Quaestio XI: What Acceptance of Persons is, and what kind of sin

Quaestio XII: Whether, and how, it is a sin of acceptance of persons to choose the unworthy, or less deserving, for benefices

Quaestio XIII: Whether Acceptance of persons has place in the showing of honor, and reverence

Quaestio XIV: Whether acceptance of persons finds a place in the sentences of Judges

Dubitatio I: Whether a JUDGE can, without the note of acceptance of persons, adhere to the Favor of friends, when the law is doubtful among the Doctors

Disputatio XXV: On Homicide

Quaestio I: What Homicide is, and of how many kinds

Quaestio II: On homicide from deliberately, insidiously, and treacherously intending it

Quaestio III: Whether one who commands is to be burdened with the same guilt, and punishment as the one who executes

Quaestio IV: Whether an attempt at homicide, and other crimes, is to be punished with the same penalty as the crime consummated

Quaestio V: What are the punishments of voluntary Homicide

Quaestio VI: Whether it is lawful to kill a man with the moderation of blameless defense, for the defense of himself or his goods

Dubitatio I: Whether it is lawful to kill someone to preserve honor, not by fleeing etc.

Dubitatio II: Whether one who is attacked is bound in some case to kill the aggressor

Dubitatio III: Whether it is lawful, in defense of one's own goods, to kill a thief

Dubitatio IV: Whether, in defense of Chastity, it is lawful to kill the Assailant

Quaestio VII: Whether, and how, MONOMACHIA (dueling) is illicit

Quaestio VIII: Whether it is lawful for a Husband to kill a Wife caught in adultery, and a father his daughter, and a brother his Sister, together with the seducer

Quaestio IX: Whether it is lawful to kill oneself

Dubitatio I: Whether it is lawful to shorten our life by mortifications

Dubitatio II: Whether, to avoid a sin or another evil, it is lawful to kill oneself

Dubitatio III: Whether, for the life of the neighbor, it is lawful to give oneself over to death

Dubitatio IV: When we are bound to die for the salvation of souls

Quaestio X: Whether a pregnant Mother may, to save her own life, procure the abortion of the fetus

Quaestio XI: On accidental Homicide

Quaestio XII: Whether a JUDGE can condemn an innocent man to death who has been proven guilty in the trial

Quaestio XIII: Whether Princes can grant license to kill outlaws

Quaestio XIV: On the Restitution owed on account of homicide, or mutilation

Quaestio XV: Whether the mutilation of a limb is ever lawful

Quaestio XVI: Whether it is lawful to imprison or beat another

Disputatio XXVI: On Theft, and Rapine

Quaestio I: What Dominion is

Quaestio II: Whether it is lawful to have private dominion over things

Quaestio III: What THEFT is

Quaestio IV: What quantity is required for mortal sin in Theft

Dubitatio I: What is the grave quantity of theft for Sons, Wives, and Religious

Quaestio V: Whether Theft is mortal when, from many tiny thefts, there supervenes a particle making the thing grave

Quaestio VI: Whether in extreme, or urgent, necessity it is lawful to take what belongs to another

Quaestio VII: On the Thefts of Religious

Quaestio VIII: Whether men can be reduced to slavery, and sold

Quaestio IX: Whether slaves can wrest themselves from their Masters

Quaestio X: Whether it is lawful, by private authority, to recover what is ours

Quaestio XI: On the punishment of Thieves

Quaestio XII: On the restitution of thefts

Disputatio XXVII: On the JUDGE

Quaestio I: Whether power is necessary in a JUDGE

Quaestio II: Whether a JUDGE ought to follow the truth, and therefore be wise

Quaestio III: Whether the acts of a JUDGE who has not a true but only a putative title are valid, such that not even he sins

Quaestio IV: Whether the POPE can subject himself to someone's judgment

Quaestio V: Whether goodness is necessary in a JUDGE

Quaestio VI: On the external purity of the hands of the Judge

Quaestio VII: Whether excommunicated JUDGES sin in judging, and judge invalidly

Quaestio VIII: On the order to be observed by a JUDGE

Dubitatio I: On the mode of proceeding by Denunciation

Dubitatio II: On the mode of proceeding by Accusation

Dubitatio III: On the mode of proceeding by Inquisition

Disputatio XXVIII: On the Accused

Quaestio I: On the bringing of the Accused to the Tribunal

Quaestio II: Whether the Accused is bound to confess a crime half-proven

Quaestio III: Whether an ACCUSED, infamed for one crime, can be interrogated also about others

Quaestio IV: Whether one convicted of a crime can be interrogated about hidden accomplices, of whom there is no infamy

Quaestio V: Whether an Accused, unjustly denying a true crime for which he was to be condemned to a pecuniary penalty, is bound to pay, and whether he is subject to restitution

Quaestio VI: Whether a Reus, unjustly denying the truth, is bound to retract before the end of the Trial, when he is to be condemned

Quaestio VII: Whether, if the Accused is interrogated again, he can give only a relative answer, saying: as I answered

Quaestio VIII: How the ACCUSED ought to conduct himself in the examination, when pressed by the Judge's iniquitous interrogations

Quaestio IX: Whether it is lawful for the ACCUSED to appeal to another Judge

Quaestio X: Whether, and how, the ACCUSED can defend himself

Quaestio XI: Whether the Accused can flee, and how, and when

Disputatio XXIX: ON WITNESSES

Quaestio I: Whether anyone is sometimes bound to bear witness

Quaestio II: Who can be WITNESSES in a trial

Quaestio III: On the Injustice of false Witnesses

Quaestio IV: What penalties are established for false Witnesses

Disputatio XXX: On the Advocate

Quaestio I: Who can, and ought, to exercise this office

Quaestio II: On the sins of a wicked Advocate

Quaestio III: Whether an ADVOCATE is bound on account of light fault

Quaestio IV: Whether an Advocate, engaged by the year, is worthy of his fee in that year in which he did nothing

Quaestio V: Whether an Advocate is bound to defend a Client gratis in grave necessity

Quaestio VI: Whether an Advocate can receive gifts

Disputatio XXXI: On the Notary and the Tabellion

Quaestio I: On the Justice, or Injustice, of the Notary and the Tabellion

Disputatio XXXII: On Contumely

Quaestio I: What Contumely is, and whence it arises

Quaestio II: How a Christian ought to conduct himself when assailed by contumelies

Disputatio XXXIII: On Detraction

Quaestio I: What Detraction is, and of how many kinds

Quaestio II: Whether detraction is a mortal sin

Quaestio III: Whether it is mortal to reveal a hidden crime to one, or two prudent men, who will keep silent about it

Quaestio IV: Whether material Detraction, which comes from talkativeness, is deadly

Quaestio V: Whether to be silent about a good that has been blackened is mortal

Quaestio VI: On the various cases in which detraction seems to be excused

Quaestio VII: Whether it is ever lawful to defame another with a falsehood, or to open his hidden crime

Quaestio VIII: Whether it is lawful to narrate a crime, notorious in one place, in another, where it is not known

Quaestio IX: Whether it is lawful to open someone's hidden crime to spare him torments

Quaestio X: Whether anyone can defame himself

Disputatio XXXIV: On Whispering, Mockery, and Cursing

Quaestio I: On the malice of Whispering

Quaestio II: On the malice of Mockery

Quaestio III: On Cursings

Tractatus II: E CONTRACTIBUS

Proemium I: Prooemium

Disputatio I: FIRST. On CONTRACTS in general

Quaestio I: What a CONTRACT is, and of how many kinds

Quaestio II: Whether for the validity of a Contract the intention of contracting, and of binding oneself, is required

Quaestio III: How Error, or fraud, vitiates a Contract

Quaestio IV: How fear voids a Contract

Quaestio V: On conditional Contracts

Quaestio VI: On the obligation that results from a valid Contract

Quaestio VII: Which persons can enter into a Contract, and which cannot

Quaestio VIII: Whether, and when, it is lawful to withdraw from a contract, the other party objecting

Disputatio II: On the acquisition of Dominion over Persons, and other things, through the Division of things Acquired

Quaestio I: By what right the first division, and subjection, of things was made

Quaestio II: On the acquisition of DOMINION over Barbarians

Quaestio III: On the acquisition of DOMINION over irrational creatures

Disputatio III: On Promise

Quaestio I: What a PROMISE is, and how it differs from a DONATION

Quaestio II: Whether a simple PROMISE, once accepted, binds in justice

Quaestio III: Whether a merely internal PROMISE, made to a man, binds

Quaestio IV: Whether an external Promise binds before it is accepted

Quaestio V: Whether a PROMISE binds when made for a base cause

Disputatio IV: ON DONATION

Quaestio I: What DONATION is, and of how many kinds

Quaestio II: Who can donate, and what

Quaestio III: On the revocations of donations

Disputatio V: On Buying, and Selling

Quaestio I: What EMPTIO (buying), and VENDITIO (selling), are

Quaestio II: Which persons can buy, and sell

Quaestio III: Which things can be sold

Quaestio IV: Of how many kinds is the price of things

Quaestio V: Whether, for certain causes, it is lawful to reduce below the minimum price, or raise above the maximum

Quaestio VI: Whether on account of ceasing profit, or emerging loss, the price can be raised above the maximum

Quaestio VII: Whether it is lawful to sell more dearly above the top price, awaiting payment, than with money paid down

Quaestio VIII: Whether Stocolia and Barocolia (Italian), Stocch (Spanish, MOHATRA) are lawful

Quaestio IX: To what extent Buying, and Selling, in Monopolies is illicit

Quaestio X: Whether the seller is bound to disclose a grave defect of the thing

Quaestio XI: Whether a thing sold, not yet delivered, perishes to the buyer

Quaestio XII: On the rescission of a sale, and purchase, on account of fraud etc.

Quaestio XIII: Whether a sale with a pact of buying back is lawful

Disputatio VI: On the loan and Usury

Quaestio I: What MUTUUM (loan) and USURY are, and why the latter is a sin

Quaestio II: Whether it is USURY to lend so that, when I have need, you lend back to me, or buy from me at a just price

Quaestio III: Whether it is lawful to lend with the pact that the one who receives the loan confer an office, or ecclesiastical benefice

Quaestio IV: Whether it is USURY to receive, beyond the principal, any other gain whatever besides the money

Quaestio V: Whether, and what, the lender can receive on account of danger, and ceasing profit

Quaestio VI: Whether it is lawful to lend wheat, or something else, with the pact that it be restored in the same measure, even if the price has risen at the time of restitution

Quaestio VII: Whether, and how, gain acquired from Usury is to be restored

Quaestio VIII: Whether it is lawful to seek a loan from a Usurer

Disputatio VII: ON CENSUSES (annuities)

Quaestio I: What a Census is, and of how many kinds

Quaestio II: Whether a Census can lawfully be sold

Quaestio III: From which things a CENSUS can be sold by natural law

Quaestio IV: Until what time a CENSUS can be sold

Quaestio V: What conditions are required for a CENSUS

Disputatio VIII: ON EXCHANGES

Quaestio I: What CAMBIUM (exchange) is, and of how many kinds

Quaestio II: Whether in petty exchange it is lawful to receive something above the value of the coin fixed by law

Quaestio III: Whether in local exchange, or by letters, when the first Campsor receives, so that he may restore elsewhere, he can gain something

Quaestio IV: Whether CAMBIUM is lawful, when for the Campsor a Procurator of the Campsor answers with the moneys of the Campsor himself

Quaestio V: Whether the said Recambia are lawful only on account of ceasing profit, or emerging loss

Quaestio VI: Whether the solutions, and provisions, that Money-changers receive are lawful

Disputatio IX: On the Contract of Partnership

Quaestio I: In what the CONTRACT OF PARTNERSHIP consists, and what is required that it be just

Quaestio II: Whether, and how, other contracts can be united with the Contract of Partnership

Quaestio III: Whether the contract by which, for secure capital, some certain gain is received annually is lawful

Disputatio X: On Emphyteusis, Letting, Hiring, and the Feud

Quaestio I: What EMPHYTEUSIS is

Quaestio II: What Locatio (letting) is

Quaestio III: What a FEUDUM (fief) is, and of how many kinds

Disputatio XI: On Testaments

Quaestio I: What a TESTAMENT is, and of how many kinds

Quaestio II: What solemnity is required for a Testament, closed and open

Quaestio III: Who can, and ought, to make testaments, or be instituted heirs

Quaestio IV: Whether an heir instituted in a testament invalid through defect of solemnity by civil law can pursue the inheritance in the forum of conscience, despoiling the heir succeeding ab intestato

Quaestio V: By what means a Testament is revocable

Quaestio VI: What obligation Heirs instituted by testament undertake

Disputatio XII: On Legacies

Quaestio I: What a Legacy is, and of how many kinds

Quaestio II: Whether legacies ought to be paid to all those for whom they are made, and how

Quaestio III: Which things can be bequeathed

Quaestio IV: What a Pious, or Privileged, Legacy is

Quaestio V: By what means legacies are caducous, such that the Heir is not bound to pay them

Tractatus III: E RELIGIONE

Proemium I: Prooemium

Disputatio I: FIRST. On RELIGION in general

Quaestio I: What the Virtue of RELIGION is

Quaestio II: Whether Religion is a Virtue

Quaestio III: Whether LATRIA, or RELIGION, is a special virtue

Quaestio IV: Whether RELIGION is a Cardinal Virtue

Quaestio V: How widely the acts of Religion extend

Quaestio VI: Whether RELIGION is necessary

Quaestio VII: Whether true RELIGION ought to be one

Disputatio II: ON DEVOTION

Quaestio I: What Devotion is, and of how many kinds

Disputatio III: ON PRAYER

Quaestio I: What Prayer is

Quaestio II: Of how many kinds is PRAYER

Quaestio III: Whether PRAYER is necessary

Quaestio IV: Whether Prayer is not only petitory, but also satisfactory, and meritorious

Quaestio V: What conditions are required for perfect Prayer

Quaestio VI: What is to be sought in Prayer: where the petitions of the Lord's Prayer are expounded

Quaestio VII: Who ought to pray

Quaestio VIII: Who is to be prayed to

Quaestio IX: For whom one ought to pray

Quaestio X: How one ought to pray

Quaestio XI: On that mode of praying, the Canonical Hours

Dubitatio I: Whether Attention is necessary for the Office to be recited by precept

Dubitatio II: Whether one reciting the Office satisfies by reciting another for it

Dubitatio III: Whether to interrupt the parts of the same Hour

Dubitatio IV: Whether one omitting all the hours of one Day commits more sins

Dubitatio V: Whether one reciting the Divine office in Choir with voice very much lowered, so that he is not heard, satisfies

Dubitatio VI: Whether Canons conversing in Choir are capable of distributions

Dubitatio VII: Whether one who recites the office privately ought to hear himself

Dubitatio VIII: Whether one who says the office with a notable cutting off, or truncating, of syllables satisfies

Dubitatio IX: Whether one who says a great part of the office with the mind not intending to satisfy satisfies

Dubitatio X: What is the gravity of the matter in the omission of a Canonical Hour

Disputatio IV: ON ADORATION

Quaestio I: Whether Latria is in the genus of some virtue

Quaestio II: Whether Latria is distinct from Dulia

Quaestio III: On Sacred places, destined for adorations

Disputatio V: ON SACRIFICE

Quaestio I: What a SACRIFICE is

Quaestio II: What is required that a SACRIFICE be right

Quaestio III: Whether Sacrifice is of natural law

Quaestio IV: Whether besides Sacrifice, first-fruits are to be offered

Disputatio VI: On Tithes

Quaestio I: Whether Tithes are to be paid

Quaestio II: From which things tithes are to be paid

Quaestio III: To whom, and by whom tithes are to be paid

Quaestio IV: Where, and when, Tithes are to be paid

Quaestio V: By what authority the payment of tithes is to be exacted

Tractatus IV: E VOTIS

Proemium I: Prooemium

Disputatio I: FIRST. ON THE VOW

Quaestio I: What a VOW is, and what its conditions are

Quaestio II: What deliberation is required for a VOW

Quaestio III: Whether one promising something to God, and knowing the obligation, yet having the intention of not binding himself, is bound by Vow

Quaestio IV: Whether a Votive promise is made to God alone

Quaestio V: How error, or ignorance, concerning a VOW causes involuntariness

Quaestio VI: Whether fear inflicted makes a Vow invalid

Quaestio VII: Whether a necessary thing can be the matter of a Vow

Quaestio VIII: Whether a VOW is only about some good

Quaestio IX: Whether a VOW is only about a better good, or truly also about a lesser good

Quaestio X: Whether a VOW about a thing that can have a good, and an evil, outcome is valid

Quaestio XI: Whether any obligation arises from a VOW, and what it is

Quaestio XII: Whether the immature are bound by Vows

Quaestio XIII: What, and what kind of, is the power of invalidating VOWS

Quaestio XIV: On the power of the Prelates of Religious to invalidate VOWS

Quaestio XV: Whether a husband can invalidate all the Vows of his wife, beyond the Vow of chastity

Quaestio XVI: Whether a husband can invalidate the Vow of Chastity emitted by his wife without license, the marriage standing, and to be fulfilled then

Quaestio XVII: Whether a Husband can invalidate the Vows of his Wife, emitted without his license, to be fulfilled at the time the marriage is dissolved

Quaestio XVIII: Whether a husband can invalidate the Vows of his wife, emitted before marriage

Quaestio XIX: *Whether the Vows of a wife, made without the license of the husband, revive when the marriage is dissolved.*

Quaestio XX: *Whether a husband can invalidate the Vows of his wife emitted by his license: the Vow of Chastity excepted.*

Quaestio XXI: Whether a husband can revoke the Vow of Chastity of his wife, emitted by his license

Quaestio XXII: Whether a Husband can invalidate the Vows of his Wife, emitted under the preceding dominion of a father, or first husband

Quaestio XXIII: Whether a Wife can invalidate certain vows of her husband, and which

Quaestio XXIV: Whether parents, or Tutors, can invalidate all the Vows of their immature Sons

Quaestio XXV: Whether a Father, and Curator, can invalidate the personal Vows of their adolescent sons

Quaestio XXVI: Which real, or mixed, Vows of adolescents can be invalidated by the father

Quaestio XXVII: To whom the faculty of invalidating the Vows of adolescents, and the immature, belongs

Quaestio XXVIII: Which Vows of servants the Lords can invalidate

Quaestio XXIX: Whether in the Church there is power to dispense from Vows

Quaestio XXX: Whether a cause is required for a dispensation, and which

Quaestio XXXI: Whether, and how, the commutation of Vows is to be made

Quaestio XXXII: Whether commutation requires a cause

Question XXXIII

Disputatio II: SECOND. ON THE STATE OF RELIGION, OR ON SOLEMN VOWS

§ I: On the vows of Religious in common

Quaestio I: In what solemn vows differ from simple vows

Quaestio II: Whether solemn VOWS are necessary for the state of a Religious

Quaestio III: Whether, and how, this state is Holy

Quaestio IV: Whether the three vows of Poverty, Chastity, and Obedience are essential to Religion

Quaestio V: Whether the Pontiff can dispense in solemn Vows

Quaestio VI: Who are to be received into Religion

Quaestio VII: On NOVICES

Quaestio VIII: What is required for profession in Religion

Quaestio IX: Whether, and how, Religious are bound to perfection

Quaestio X: Whence the greater perfection of Religion is to be taken

Quaestio XI: On passing to another Religion

Quaestio XII: Whether the three vows of Poverty, Chastity, and Obedience are essential to Religion

Quaestio XIII: Whether the Pontiff can dispense in solemn Vows

Quaestio XIV: Who are to be received into Religion

Quaestio XV: On Novices

Quaestio XVI: What is required for profession in Religion

Quaestio XVII: Whether, and how, Religious are bound to perfection

Quaestio XVIII: Whence the greater perfection of Religion is to be taken

Quaestio XIX: On passing to another Religion

Quaestio XX: On Religious to be expelled

Quaestio XXI: Whether every Religious is bound to all the counsels

Quaestio XXII: Whether Religious ought to teach, preach, etc.

Quaestio XXIII: Whether Religious ought to labor with their hands

Quaestio XXIV: Whether it is lawful for Religious to transact secular business

Disputatio III: On the Vow of OBEDIENCE

Quaestio I: Whether the vow of obedience is chief among the Religious vows

Quaestio II: What obedience is promised in Religion

Quaestio III: Whether Religious are bound to obey Prelates in all things

Quaestio IV: Whether one doubting whether the thing commanded is lawful is bound to obey the Prelate

Quaestio V: Whether all the statutes of Religious Orders bind under sin

Disputatio IV: On the Vow of Poverty

Quaestio I: On the essence of this Vow

Quaestio II: Which Poverty is more excellent

Quaestio III: Whether mendicancy befits Religious Poverty

Quaestio IV: Whether Religious, on account of Poverty, ought to be clothed in mean garments

Quaestio V: Whether austere fare is owed to Religious Poverty

Quaestio VI: How Poverty is violated

Dubitatio I: Whether Prelates can concede to Religious an annual peculium

Dubitatio II: Whether a Religious, having superfluities by license of his superior, is a proprietor

Dubitatio III: Dubitatio III

Dubitatio IV: Whether a Legacy stands for a Religious, as pertaining to him precisely

Quaestio VII: On the penalties, and marks, of a Proprietor

Disputatio V: On the Vow of CHASTITY

Quaestio I: What difference there is between Cloistered, and Clerical, chastity

Quaestio II: From what time the solemn vow of Chastity began to dissolve a subsequent marriage

Quaestio III: Whether one vowing Chastity solemnly dissolves a marriage, whether consummated, or ratified, and by what law, and at what time this began to be done

Quaestio IV: By what law, and at what time, Religious Chastity began to be sealed with cloister

Quaestio V: By what means cloister is violated

Quaestio VI: Whether dispensation can fall upon Religious chastity, and who can dispense in cloister

Disputatio VI: On the Oath

Quaestio I: What an OATH is, and of how many kinds

Quaestio II: Whether it is lawful to swear by GOD

Quaestio III: Whether it is lawful to swear by creatures

Quaestio IV: What is required for an Oath

Quaestio V: Whether, and how, it is a Sin to swear without Truth

Quaestio VI: Whether, and what sin, is an OATH made without justice

Quaestio VII: Whether, and what sin, is an OATH lacking judgment

Quaestio VIII: Whether, and how, a custom of swearing is evil

Quaestio IX: When precisely one swearing incautiously from custom sins mortally

Quaestio X: What sin it is to swear dolosely

Quaestio XI: Whether it is lawful to require an Oath from a perjurer

Quaestio XII: Whether, and when, it is lawful to require an Oath from an Idolater

Quaestio XIII: On the obligation of a promissory Oath in itself

Quaestio XIV: Whether dolous Oaths bind

Quaestio XV: Whether an Oath extorted by injury, as of paying usuries, binds

Quaestio XVI: Whether an Oath extorted by fear binds

Quaestio XVII: Whether someone's Oath, by fraud, or error, or ignorance, is void

Quaestio XVIII: Whether an incautious promissory Oath binds

Quaestio XIX: Whether an Oath confirms contracts that could otherwise be voided

Quaestio XX: On the means of removing the obligation of an Oath

Quaestio XXI: On the Penalties imposed upon Perjuries

Disputatio VII: On Adjuration

Quaestio I: What ADJURATION is, and by what means it is made

Quaestio II: Whom it is lawful to adjure

Disputatio VIII: On Divine Praises

Quaestio I: NICA. On the Nature, and quality, of Divine praises

Disputatio IX: On the Observance of Feast Days

Quaestio I: On the origin of FEAST days

Quaestio II: Whose it is to institute FEASTS to be observed under mortal sin

Quaestio III: Whether mortal sins on a Feast are forbidden by this precept

Quaestio IV: Whether licit liberal work becomes servile because it is done for gain

Quaestio V: Which are servile works, forbidden on the Feast day

Dubitatio I: Which works are forbidden by Canon law on a feast

Quaestio VI: That a time of servile labor induces a grave transgression of the FEAST

Quaestio VII: On the causes excusing from violation of the Feast

Quaestio VIII: Whether, having merely heard a SACRED (sermon), it is forbidden to idle the whole Feast day

Disputatio X: On Superstition

Quaestio I: SUPERSTITION, what it is, and of how many kinds

Quaestio II: On Divination by the Stars

Quaestio III: On Divination by the Elements, and other mixed things

Quaestio IV: On Divination from Dreams

Quaestio V: On Sortileges

Quaestio VI: On superstitious observances for works

Quaestio VII: On the malefices of Witches

Quaestio VIII: Whether it is lawful to consult Witches, that at least the malefices be removed

Quaestio IX: On the penalties of Witches, etc.

Disputatio XI: ON THE TEMPTATION OF GOD

Quaestio I: What TEMPTATION is, and of how many kinds

Disputatio XII: ON SACRILEGE

Quaestio I: What Sacrilege is, and of how many kinds

Disputatio XIII: ON SIMONY

Quaestio I: What SIMONY is, and of how many kinds

Quaestio II: How Simony is recognized on the part of the object

Quaestio III: In what way Simony is committed on the part of the act of exchange itself

Quaestio IV: On the Penalties of Simoniacs

Disputatio XIV: ON THE OTHER VIRTUES ANNEXED TO JUSTICE

§ I: ON PIETY

Quaestio I: What PIETY is, and what kind of Virtue

Quaestio II: What reverence is to be shown to Parents

Quaestio III: What obedience is to be shown to Parents by Sons

Quaestio IV: How, and when, Sons are bound to relieve Parents

Quaestio V: On the obligation of Parents toward Sons

Quaestio VI: In which cases Parents can disinherit Sons

Quaestio VII: Whether Sons can ever refuse aliment to Parents, and disinherit them

Quaestio VIII: To what a Woman is bound, who has a Son from adultery, or has substituted one

Quaestio IX: On the mutual obligation of Servants, and Masters

Quaestio X: On the obligation of Brothers toward Brothers, and Sisters, and conversely

§ II: On Observance, Reverence, and Dulia

Quaestio I: On Observance, and Reverence

Quaestio II: On Dulia

§ III: ON OBEDIENCE, and DISOBEDIENCE

Quaestio I: On Observance, and Reverence

Quaestio II: On DISOBEDIENCE

§ IV: ON GRATITUDE, and VINDICATION, and the Vices opposed to them

Quaestio I: On GRATITUDE

Quaestio II: On INGRATITUDE

Quaestio III: On Vindication

§ V: On Truth, Friendship, Liberality, Epikeia, and the vices opposed to them: On the gift of Piety, and the Precepts of the Decalogue pertaining to Justice

Quaestio I: On TRUTH

Quaestio II: On the LIE

Dubitatio I: What a Lie is

Dubitatio II: Of how many kinds is a Lie

Dubitatio III: Whether every lie is intrinsically a sin

Dubitatio IV: Whether a Lie is mortal of its genus

Dubitatio V: Whether every Lie is mortal for perfect men

Dubitatio VI: Whether among the degrees of Lie there is a most grave, and a most light

Dubitatio VII: On the others that are reduced to Lying

Quaestio III: On Friendship

Quaestio IV: On Liberality

Dubitatio I: On Avarice

Dubitatio II: On PRODIGALITY

Quaestio V: On EPIKEIA

Quaestio VI: On the GIFT OF PIETY

Tractatus V: E VIRTUTE FORTITUDINIS

Proemium I: Prooemium

Disputatio I: FIRST. ON FORTITUDE

Quaestio I: Whether FORTITUDE is a Virtue, and which

Quaestio II: On the GIFT OF FORTITUDE

Quaestio III: On Martyrdom

Dubitatio I: Whether MARTYRDOM confers first grace

Dubitatio II: Whether the Baptism of infants can be supplied by martyrdom

Quaestio IV: On the precepts of Fortitude

Quaestio V: On the Vices opposed to Fortitude

Disputatio II: On the Virtues joined to Fortitude

Quaestio I: On Magnanimity

Quaestio II: On the Vices opposed to MAGNANIMITY

Quaestio III: On MAGNIFICENCE

Quaestio IV: On the Vices opposed to MAGNIFICENCE

Quaestio V: On PATIENCE

Quaestio VI: On the Vices opposed to PATIENCE

Quaestio VII: On PERSEVERANCE

Quaestio VIII: On the Vices opposed to PERSEVERANCE

Tractatus VI: E TEMPERANTIA

Proemium I: Prooemium

Disputatio I: FIRST. ON THE VIRTUE OF TEMPERANCE

Quaestio I: Which Virtue Temperance is, and of what kind

Quaestio II: Which Vices are contrary to TEMPERANCE

Quaestio III: On the parts of TEMPERANCE

Quaestio IV: On Shamefastness

Quaestio V: On Honesty

Quaestio VI: On Abstinence

Dubitatio I: What FASTING is, and of how many kinds

Dubitatio II: In what way natural Fasting is broken

Dubitatio III: Whether Fasting of itself is a good work, and a precept

Dubitatio IV: From what one must abstain in the Ecclesiastical Fast

Dubitatio V: On the evening collation

Dubitatio VI: On the hour of refreshment on the Fast day

Dubitatio VII: Who are bound to fast

Quaestio VII: On SOBRIETY

Quaestio VIII: On CHASTITY

Quaestio IX: On Virginity

Dubitatio I: Whether Virginity is a Virtue

Dubitatio II: Whether Virginity excels conjugal Continence

Dubitatio III: Whether the reward of Virginity is the Aureole

Quaestio X: On CONTINENCE

Dubitatio I: On MILDNESS

Quaestio XI: On CLEMENCY

Quaestio XII: On MODESTY

Quaestio XIII: On HUMILITY

Disputatio II: On the Vices opposed to the Virtue of TEMPERANCE

Quaestio I: On GLUTTONY

Quaestio II: On Drunkenness

Quaestio III: On LUST

Dubitatio I: What LUST is, and of how many kinds

Dubitatio II: Whether in the genus of Lust there is parvity of matter

Dubitatio III: On FORNICATION

Dubitatio IV: On STUPRATION

Dubitatio V: On INCEST

Dubitatio VI: On ADULTERY

Dubitatio VII: On SACRILEGE

Dubitatio VIII: On sins against nature

Dubitatio IX: On the lust of spouses

Dubitatio X: On ABDUCTION

Quaestio IV: On INCONTINENCE

Quaestio V: On ANGER

Quaestio VI: On CRUELTY

Question VII

Dubitatio I: On the adornment of Women

Dubitatio II: On Immodesty in words, gestures, jokes, and games

Quaestio VIII: On P R I D E

Quaestio IX: LAST. On the other Vices opposed to the potential parts of Temperance

Tractatus VII: E VARIIS HOMINUM STATIBUS, ET OFFICIIS

Proemium I: Prooemium

Disputatio I: FIRST. ON STATES, AND PERFECTION IN GENERAL

Quaestio I: What a STATE is, and of how many kinds

Quaestio II: On the state of perfection

Dubitatio I: In what the Perfection of man consists

Dubitatio II: What Perfection can be had in this life

Dubitatio III: Who are in the state of Perfection

Quaestio III: Whether some who are not in the state of perfection perform, by reason of their office, works more perfect than some who are in the state of Perfection

Disputatio II: On the State of the Bishop

Quaestio I: Whether a BISHOP is in the state of perfection

Quaestio II: Of what kind he must be who is assumed to the Episcopate

Quaestio III: Whether it is lawful to seek, or refuse, an Episcopate

Quaestio IV: Whether Residence is necessary for Bishops, and by what law

Quaestio V: Whether the Church, and Bishops, have dominion over certain temporal things

Quaestio VI: Whether Bishops, and other Ecclesiastics, have dominion over revenues that are superfluous to their state

Quaestio VII: Whether those Bishops who were formerly Religious are bound to Regular observance

Disputatio III: On the State of Regular Prelacy

Quaestio I: Whether the state of Regular Prelacy in a Religion is necessary

Quaestio II: How the Prelate of a Religion is to be chosen

Quaestio III: How many Prelates there are in one religion, and what order among them

Quaestio IV: Whether it befits a Regular Prelate to remain long in the same office

Quaestio V: Whether a religious Prelate has the power of coercing subjects with penalties, both spiritual and corporal

Quaestio VI: What solemnities a Regular Prelate, acting in judgment, is bound to observe

Quaestio VII: Whether appeal can be made from a Prelate, or Regular Judge

Quaestio VIII: Who is the Judge from Whom, and to Whom appeal is made

Quaestio IX: Whether a Regular Prelate can dispense with his subject, Who, and in what

Quaestio X: What power a Regular Prelate has to absolve, both from sins, and from penalties

Quaestio XI: Whether a Regular Prelate has the Power of administering temporal things, and what

Quaestio XII: Whether, and What, Regular Prelates can do concerning conferring Orders, and blessing things, or places

Disputatio IV: LAST. On the State of the Active, and Contemplative life

Quaestio I: Whether the Division of life into Active, and Contemplative is sufficient

Quaestio II: Which state is more excellent than the other: the state of the Active life, or conversely, the Contemplative

Quaestio III: Whether there is a Mixed Life resulting from the Active, and Contemplative, and which of these is more excellent

Quaestio IV: What are the chief exercises of the Active life

Quaestio V: On the chief Act of the Contemplative life, and how this act differs from Cogitation, Meditation, Speculation, and Intuitive vision

Quaestio VI: Whether Contemplation has certain degrees of its perfection, how many, and which

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