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

§ I: De Beneficentia

Quaestio I: UNICA. What BENEFICENCE is

§ II: On Almsgiving

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

Quaestio II: Whether the kinds of ALMS are fittingly distinguished

Quaestio III: Whether ALMS is a matter of precept

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

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

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

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

§ III: On Fraternal Correction

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

HERE there would be question of the government of Princes, on which D. Thomas interweaves a prolix little work, which is the twentieth.

REPEAT moreover the subjective parts of prudence, numbered above.

Aristotle indeed asserts, 3. Eth. cap. 3., that Prudence is the proper virtue of the Prince. The reason is, because to prudence belongs to govern and to command; and therefore where the special character of government and of command is found in human acts, there also the special character of prudence is found. Now it is manifest that in him who not only governs himself, but also a perfect community, or a kingdom, there is found the perfect character of government. For the more universal a government is, extending itself to more things and attaining a further end, the more perfect it is; and therefore to the King, to whom it belongs to govern a city or a kingdom, prudence belongs by a special character, and indeed the most perfect one.

To this there corresponds the Political prudence in subjects, that they be moved and governed; for since they are not governed and moved in the manner of irrational creatures — nay, they move themselves by free will — therefore there is required in them a certain rectitude of government, by which they direct themselves to obeying those who rule; and to this pertains that species of prudence which is called Political, as D. Thomas says in article 3.

FROM these however differs another prudence, which is called Oeconomical, and is midway between the prudence of princes and of individual persons; for it is ordered to the government of the household, which is a part of the city.

THAT however I may come nearer: the fourth subjective species of governing Prudence is the Military, as is intimated Proverb. 24. The reason is, because things done according to art and reason ought to be conformable to those that are according to nature, which were instituted by the divine reason. Now nature tends to two things. First indeed to governing each thing in itself; second truly to resisting external assailants and corruptive agents. Wherefore it gave to animals not only the concupiscible power, by which they are moved to those things that are accommodated to their salvation, but also the irascible power, by which the animal resists assaults. Wherefore also in those things that are according to reason there must be not only Political prudence, by which those things are ordered that pertain to the common good, but also Military prudence, by which the assaults of enemies are repelled.

BOTH indeed shine forth in the celestial Potestates, as D. Bonavent. teaches; for they are ordered both to governing the inferiors subordinated to the Dominations, and especially to blunting the assaults of the infernal enemies, as St. Dionysius teaches de caelesti Hierarchia, cit. whence he defines the celestial Potestates thus, in the Seraphic Doctor.

THE designation of the holy Potestates teaches a powerful, and well-adorned, and undistorted ordination with regard to divine receptions, not precipitating the inferior things tyrannically by sheer command, but mightily reducing them to the divine; and assimilating them, as far as is lawful, to the potent causal power; and converting the inferior things to God, who is the prince of all power, according to the hierarchical disposition, making the divine and luminous power resplendent in the inferior things. Whence the Angels of that order restrain and check all who impede the hierarchical ordination of prelation and subjection. Whence they do not permit the power of prelation to be contemned by subjects, and they do not allow subjects to be oppressed by violence by iniquitous lords; nay, they meet every injury of these and of those most powerfully, and resist it.

¶ NOW Princes and Kings ought to contemplate the holy and celestial potestates, namely that they rule wisely, live in an orderly manner, and mightily repress and vindicate evil, spare the innocent, and not permit injury to be done to wretched persons; so that they also do not grow proud of the power they have received, but rather condescend to the humble.

¶ THEREFORE secular Power will be well ordered, disposed in the similitude of the celestial potestates, if those placed in power be wise, that is, proceeding in each matter not according to the impulse of will, but according to the helm of reason, as is said Proverb. 1. The wise man, hearing, will be wiser, and the understanding man will possess governments. Hence Solomon at the beginning of his reign asked for wisdom, saying 3. Reg. 3. Thou, O God, hast made me to reign in place of my father, and I am a little child, ignorant of my going out and my coming in. Give therefore to thy servant an understanding heart, that he may be able to judge thy people, and discern between good and evil. For as in spiritual jurisdiction, so neither in temporal ought anything to be done without wisdom and discretion. Hence it is commanded Deuter. 17. When the King shall sit on the throne of his kingdom, he shall cause the Deuteronomy to be written out for himself, etc. Hence men of advanced age, and old men, were wont to be chosen as Princes and as kings, because wisdom is found not in children, but in the aged, who compose many experiences from the memory of things past, whence prudence is perfected, as I said. Hence Roboam lost the kingdom 3. Reg. 12. because, having left the counsel of the elders, he yielded to the counsel of the young. Wherefore it is said Eccles. 10. Woe to thee, O land, whose king is a child.

¶ THEN they will be like the celestial potestates if, adorned in morals, they show to subjects a good and innocent life. For nothing profits to be clothed in purple, to be marked with the diadem, to shine with glittering gems, and to be sordid in disordered morals; hence the Potestates are said to have received from the Lord a well-ordered and undistorted power. For as the Poet says:

Virtue is not sought from without. He who abounds in morals within needs nothing outward; Nobility alone is that which adorns the soul with morals.

¶ THEREFORE the Lord does not attend in potestates to the nobility of the world or of the flesh, or to the comeliness of body or of dress, but to the nobility of morals and the honesty of conscience; and this is what is said primo Reg. 16. Do not look on his countenance, nor on the height of his stature; because I have rejected him; nor do I judge according to the look of man.

¶ ALSO they are like the celestial Potestates who, animated by love of justice, pursue all malice in the reprobate, and those disturbing the public peace, as is said of Iuda, 1. Machab. 3. He persecuted the wicked, searching out those who troubled the people, etc. For the power of Kings is among men ordained by the Lord, that by their fear the audacity of the wicked be restrained, which would so prevail that, did not the public power resist, even human society would be utterly dissipated. Hence Exodi 18. Choose for thyself men of power. And Psalm. 44. Upon thy thigh, O most mighty one.

¶ ALSO they imitate the celestial Potestates who govern subjects, and guard the innocent, not with tyrannical cruelty, but rather with human, nay Angelic benignity. Hence it is said Esther. 12. When I commanded over many nations, and had subdued the whole world to my dominion, I would not abuse the greatness of my power, but to govern my subjects with clemency and lenity, that passing their life without terror they might enjoy the peace they desired.

¶ LIKEWISE Princes and Kings are compared to the Potestates if they do not grow proud of power. Nay, the more they excel the rest, the more they should humble themselves before every one, as Eccles. 3 admonishes: The greater thou art, the more humble thyself, etc. As the Son of God, the supreme power, Virtue, and arm of the Father, emptying himself, was made subject to all, and redeemed the world by meekness; so they are warned Psalm. 146. He shall not have his will in the strength of the horse. Therefore he is most powerful who, trusting in God, distrusts himself. Whence observe that Kings and Leaders have always triumphed more by the aid of God than by arms; and that those who trusted most in the strength of their armies were scattered. Therefore a great act of prudence is to provide for oneself before God, and afterwards before men, and not to wish that the power over the whole earth be in the hand of God, as is said Eccl. 10.

¶ SIMILARLY Princes are likened to the supernal potestates, procuring the peace of the whole earth, which indeed would not be preserved unless the Royal potestates endeavored it, as the Machabaei acknowledged, Lib. 2. cap. 4. Therefore the Princes ought to remember that they carry the sword, that they may crush the potestates that rise up against, and are rebellious to, the Church, which fear their power, as is said Rom. 13.

¶ SIMILARLY, as the celestial potestates make the luminous power of God resplendent in the inferior things, as St. Dionysius says; so that the truth, goodness, and power which shines forth in them may, through the mediation of the superior angels, transfulge into the lower ones, who are thereby reduced to like participations of grace and glory: so Princes should, now by severity and justice, now by clemency and benignity, lead the simple people back to the knowledge of God, and the powerful to the inviolable observance of the laws of divine justice. Hence it is said Eccles. 44. Those ruling in their potestates, men endowed with great virtue and prudence. For thus they ought prudently to preside, that by the light of their virtues they may shine forth before all their subjects, more than they superintend by power. As God made the Sun into the power of the Day, and the Moon into the power of the Night. Psalm. 135. So, as the Sun presides over the Day with a resplendent and beneficent light, dissipating the darkness, drawing upward the depraved humors, that they may be resolved into rains and dews fertilizing the earth, aiding all inferior causes toward their effects, as a universal cause; so Princes, the darkness of vices having been put to flight, should scatter, illuminate, warm, kindle, and inflame virtues everywhere, terrifying the animals inimical to the light. Hence Proverb. 19. As the roaring of the lion, so also the anger of the king; and as the dew upon the herb, so his cheerfulness. Thus will they be worthy that every soul be subject to the higher potestates, as is said Rom. 13. Whence Peter also says, prima, cap. 2. obey your lords, etc., whether to the King as to the preeminent one, etc.

¶ ANOTHER treatise the Saintly Doctor has on the government of prelates, which is graced with this title: De sex alis Seraphim. For since the Seraphim preeminate among the Angels, therefore they are likened to the prelates of the Church. But since these appeared adorned with six wings, Isa. VI. Apoc. IV. Now the senary number is perfect, consisting of its aliquot parts; therefore he labors to expound the virtues of the Antistes from this winged number, that by them they may fly to the mark.

THEREFORE the FIRST Wing of the Rector is the zeal of justice, whereby he cannot without murmuring tolerate any evil whatsoever. For anyone is to be esteemed so much the better, the more he detests evil and pursues good: not only by way of disposition, so as not to be willing to desert the sweetness of his own quiet, after the manner of the Fig tree of Iudit. IX. which was unwilling to forgo its sweetness so as to preside over the trees; but such men ought to be such that, forgetful even of their own quiet, they take no delight in the profits of their own salvation, unless they promote others to salvation, as Paulus. prima Cor. XIII. seeketh not the things that are his own, but those that are Jesus Christ's. With this zeal indeed they ought to burn above all who bear the person of Christ; for of Christ it is said Psalm. XLIV. Thou hast loved justice, and hated iniquity; therefore God, thy God, hath anointed thee with the oil of joy. This justice is the observance of all those things that are necessary to salvation, as are the precepts of Charitas, of the Decalogue, and the rest, which flow from the eternal law; as the virtues, humility, chastity, mercy. Then also those which are constituted by human law in the law of the Church, as the rites of the Sacraments and of the rest, with the positives belonging to the law that are adjoined.

THESE however let them take care to observe both in themselves and in others, but in due order, lest they be of those of whom Lucae XI. you pay tithe of mint, and rue, and leave the things that are weightier, as certain Praelati, who are more inflamed for one inclination in the choir than for grave transgressions; more for one rubric neglected than for a scandal.

THEY ought moreover diligently to offer remedies rather for public sins; especially that the study of prayer, which is necessary, be preserved.

EVERY Religion is arid (says D. Bonavent.) that is not fattened with this oil. Unstable is the structure of good works which is not compacted by the frequency of devout prayer, like a wall of stones without cement. In every religion, where the fervor of prayer has grown tepid, the fabric of the other virtues also begins to fail, and to approach ruin; and the lamps of the foolish virgins, without oil, are extinguished, as is said Matth. XXV.

THEN there is to be guarded against negligence of exterior discipline, lest anything be left uncorrected or unpunished, lest he be condemned with Heli primo Reg. IV. This mark, for discerning laudable religion from the relaxed one, the Saintly Doctor offers: not that no one sinning be found in the reformed religions, but that no one be allowed to sin with impunity, and the approaches to sinning be studiously precluded, and the incorrigible and the other infecters be eliminated, and the good be cherished and loved, that they may persevere. For since depravity has been found even in the convent of Angels and the college of Apostles, although they lived under the mastership of God; what order of good men in this life will arrogate to itself that no sin be found in it?

THEREFORE the Saintly Doctor concludes, the Prelate will render a heavy account to God; First for his own non-observance and omission of office, Sap. VI. When you were ministers of his kingdom, you judged not rightly, you kept not the law of justice, nor walked according to the will of God. Horribly, and speedily shall things appear to you: for the judgment shall be most hard on those who preside. Second, for the sins of the subjects, which they could and ought to have corrected and forestalled, and did not correct or forestall. Hence it is said Ezech. XXXIII. If thou hadst not spoken, to keep the wicked from his way: the wicked himself shall die in his iniquity, but his blood I will require at thy hand. Which exposition the Saintly Doctor learned from the Seraphic P. Francisco. Third, they will render an account for the abuse of power for their own profit and honor. Hence Matth. XXV. Take away the talent from him, and cast the unprofitable servant out.

THE SECOND Wing of the Antistites is Pietas, that as the Charitas of God inflames him to the zeal of justice, so fraternal love may form him to piety; for although to vices there is due the striking rod, yet to infirmity there is necessary the sustaining staff; of these Psalm. XXII. Thy rod, and thy staff, they have comforted me. The Praelati moreover ought to be prudent spiritual physicians, that they may discern the various infirmities, and have remedies apt for all. Nor let them be of those of whom Psal. LXVIII. For whom thou hast struck, they have persecuted. And so let them flourish in piety, lest he who is cast off utterly perish, as the prudent Tecuitis says II. Reg.; but as is said primo Reg. XXIII. let them be able to have the subjects say: Blessed be you of the Lord, for you have had compassion on my case.

NEITHER say (says the Saintly Doctor.) Worthily is help given to those of whom there is hope of convalescence; but in those of whom it is not presumed that they will ever recover, the expenses are uselessly consumed; for mercy is exhibited on account of the merit of Charitas, and not on account of its own utility; therefore it behooves the Pontiff to experience infirmities, that he may be able to be compassionate, as is said Heb. IV.

ADMONISHES moreover the Saintly Doctor that in his mind regarding the infirm there are three kinds. The first are those who from an affect of devotion, prone to scandals, easily fall, as the Apostle says, prima Cor. XI. Among you many are infirm. The second, who, although devout, yet are either easily moved to impatience by correction, or despair through diffidence. The third are all the imperfect, who, agitated by the passions, waver. Of these, he says, the occasions of scandal are to be removed, the opportunities of sinning, lest they see or hear what would weaken them; nor let them be allowed to wander outside the house. For Dina Genes. XXXIII. having gone out of the house, was corrupted. These are to be removed by examples, and exhortations, nor let them be provoked to anger, as is said Coloss. III. Fathers, provoke not your children to indignation, that they become not pusillanimous. The Praelati ought to be compassionate with all these, as Iacob said XXXIII. Thou knowest that I have little children, tender, and the sheep and cows with young with me, which, if I make them labor more in walking, all the flocks will die in one day. Hence Paulus prima Thessal. II. We became little ones in the midst of you, as if a nurse cherish her sons, which doubtless means: thus humbly and piously was I gentle with you, condescending to your tenderness and imperfection.

ON THE CONTRARY the Lord complains of the hard pastors, Ezech. XXXIII. That which was infirm you have not strengthened, and that which was sick you have not healed, and that which was broken you have not bound up, and that which was lost you have not sought, etc. but you ruled them with harshness, and with power. Hence Bernardus, sermone XXIII. in Cant. Why do you weigh down your yoke, when you behold the disciples, whose yoke you ought rather to carry? Lay aside the burdens, bring forth the udders, milk the breasts, let them rest. And if at times severity be needed, let it be paternal, not tyrannical, according to that Num. XI. Bear them in thy bosom, as the woman bears her infant, and carry them into the land for which I swore, etc.

THE THIRD Wing of the Antistites is patience, and constant longanimity; for as the covering of the tabernacle received the rains, the winds, and the dusts, that the interior things might remain clean; so the Prelate ought to receive the tempests, that he may preserve the interior things, and, like the Hen for her chicks, expose himself to the Kite. For three reasons however is patience necessary to them: First, on account of the various occupations pressing in. On account of this also Moses was most wretched Deuter. 1. I am not able alone to sustain your affairs, etc. Second, on account of the slow progress of those for whom he labors; wherefore Psalm. 118. My zeal hath made me to languish. Third, on account of the ingratitude of those for whom he labors, who, never contented, always complain.

WITH these, and other adversities, by which he is assailed, let the prudent man oppose himself with the triple shield of patience. First, that he answer maturely, and benignly, each thing, and repress the impulse of fervor, lest he show impatience by voice, or countenance. For then he more calms the impatient, as Iudic. 8. Gedeon checked the quarrelers; for, as the Wise man witnesses: A mild answer breaks wrath; a hard word stirs up fury. Second, let him strive to be peaceable in the house, that he neither avenge himself of the injuries inflicted, nor hate them in his heart, but imitate the supernal Father: Who is benign over the ungrateful, and the evil. Third, that he not on that account less promptly apply himself to his office, as is said 2. Paral. 15. Be you therefore comforted; and let not your hands be weakened.

THE FOURTH Wing is the exemplary life. For he himself ought to be the norm of living, that what he teaches in words he may show in the figures of his actions, as one who teaches Geometry describes the demonstrations of the figures on the tablets, that what he says may be better grasped. Thus of Christ it is said, Act. 1. Jesus began to do, and to teach, and Ioan. 13. I have given you an example, and Iudic. 7. Gedeon says What you shall see me do, that do.

ALTHOUGH however the rector ought to precede the subjects in all examples of the virtues; yet especially in these three: in the conformity, namely, of common observance; in the humility of meekness; and in the honesty of maturity. Whence ad Titum 2. In all things show thyself an example of good works, in doctrine, in integrity, in gravity, etc.

LET him observe a common life with others in food, clothing, and labor, that he be not given to banquets and drinkings, nor be unlike in habit to those with whom is his common profession: he ought to become all things to all men, that he may make all men saved, as is said 2. Cor. 9. See the Saintly Doctor.

THE FIFTH Wing of the Praelati is Prudence, and circumspect discretion. This is the chief one, as the Council of Trent teaches, which the Saintly Doctor pursues at length cap. 7. Therefore also Solomon 3. Reg. 3. having from God the option of asking whatsoever he wished, asked for this: Give therefore, Lord, to thy servant an understanding heart, that he may be able to judge thy people, and discern between good, and evil. And Sap. 6. To you therefore, O Kings, are these my words, that you may learn wisdom, and not fall. And Psalm. 2. And now, O Kings, understand; be instructed, you that judge the earth. For the Rector is the eye of the people, and D. Bernardus, sermone 49. in Cant. Take away discretion, and virtue will be a vice. On this account, Levit. 2. in every thy oblation thou shalt offer salt. See the Saintly Doctor, treating these wondrously differently: From the Rational of the ancient Pontiff, and from the four orders of gems, the rector has four things necessary to observe. First, how he may govern the subjects in the due state, that they may profit by his good example. Second, how he may raise up the fallen, and correct the straying. Third, in what manner he may dispose the exterior affairs. Fourth, how he may guard and conduct himself in these.

IN each order of stones there were three, signifying three things pertaining to each of the aforesaid, that the burdens of whomever may be aptly, and gently disposed, as is said Num. 4. Aaron, and his sons shall go in; they also shall dispose the burdens of each one.

NOW there is a threefold observance expressed in those triple gems.

THE FIRST, concerning those things that are of the necessity of salvation, according to the profession of each one.

THE SECOND, concerning those things that respect the exercise of a higher, singular perfection: namely the patience to be admitted, the stupendous humility, the arduous Charitas, the eminent sobriety, etc. to which the Rector ought to allure sweetly. Therefore let him hold this gem in his breast, that he may direct the subjects, animated to eminent virtue.

THE THIRD are those which are instituted for the attainment of both, as silence, fasts, etc. In these let the Prelate conduct himself discretely, even by dispensing, if it be necessary.

FOR the correction of the fallen, Prudence is necessary, as is said Galat. 6. If a man be overtaken in any fault, you who are spiritual, instruct such a one in the spirit of lenity, supporting him, as Christ tolerated Iudam, and as Matth. 13. the zizania are left untouched until the harvest. But they are to be cut off, when they bring perdition, as is said Galat. 5. prima Cor 5. secunda Cor. 7. Lucae 13. and in Numer. 5. lepers are permitted apart; yet he warns with that Eccles. 32. Do all things with counsel, and after the deed you will not repent.

IN the affairs, some it is expedient that the Prelate accomplish by himself, others through others; thus Christ committed the purses to Iudas, and was unwilling to divide the goods between two brothers; thus the Apostles said, Actorum 6. It is not equal that we leave the word of God, and serve tables, etc.

THEREFORE he ought to preside as the head, and share out motion, and sense with the members, and so act, as about to render an account for the subjects, Heb. 15.

SUPERFLUOUS affairs however it is expedient to cut off, as is said Ecclesiastici 11. Son, let not thy acts be many, etc.

ABOVE all the Rector ought to look around upon himself. For what does it profit a man, if he save others, and harm his own soul? Matth. 16.

THEREFORE let him always keep his conscience clean, that he will nothing, act nothing, or permit nothing illicit, and indecent, contrary to his profession, in which sin, or scandal be detected, etc. See the Seraphicum cap. 7. setting forth wondrous things.

ANOTHER circumspection is concerned with exterior morals; for since he desires to live as an example for many, he needs great discretion; lest he be of those of whom Ezech. 34. But you ruled them with harshness, and with power, and my sheep were scattered. And Eccles. 4. Be not as a lion in thy house, etc. Let him rather imitate the meekness of Christ.

FINALLY let the circumspection itself look around upon itself, lest it be as the eye that sees others, not itself, namely that it savor not more than it ought, nor be wise to itself. Whence Prou. 26. Have you seen a man wise in his own eyes? the fool shall have more hope than he. Therefore he ought to consult others; for thus Moses also, to whom God spoke face to face, consulted his father-in-law Exodi 18. and the Apostle, who had been rapt to the third heaven, consulted the other Apostles. But let him avoid the counsels of flatterers, as is said Isa. 3. and of detractors, as is said. Esth. 16.

THE SIXTH Wing of the Praelati is devotion; for by this the zeal of justice is kindled, piety is fostered, patience is strengthened, the good example is founded, discretion is clarified. This is the unction of the Spirit, teaching all things 1. Ioan. 2. See the Saintly Doctor, in the cited chapter de sex alis Seraphim, ala 5.

§ 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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