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
§ 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
On the Vow of Poverty.
SINCE the price of heaven, appraised by Christ, is the spirit of poverty: Blessed are the poor, for theirs is the kingdom of heaven, no one who wishes to purchase such treasures can exempt himself from this poverty; Truly a loftier voice sounds in the ears of the perfect: If you will be perfect, go, and sell, etc. the rich shrink from this voice; grown fat with riches; the unclean, fatted with delights; and the proud, enlarged with honors, as the Holy Doctor has it tit. 3. dicta salut. cap. 3. citing that of Deuteronomy 32. Incrassatus, impinguatus, dilatatus, dereliquit Deum factorem suum, nor do they gladly receive this counsel, even those who profess a more exact observance of the commandments, as was that Young man who, after he had said, Matthew 19: all these have I kept from my youth, upon hearing: Go and sell, and give, at the sound of these words was struck dumb, and went away sad, for he was having many possessions; nor is it a wonder, for not all receive that word, since poverty is set as a sign, which is contradicted, as the Seraphic Doctor has at the place cited. The essence, excellence, and becomingness of this votive virtue we undertake to discuss here briefly.
Quaestio I: On the essence of this Vow
On the essence of this Vow.
We have seen the SANCTITY of this Vow, and its antiquity, disp. 1. quaest. 3.
Religious POVERTY is a voluntary renunciation of temporal goods, as to dominion at least, and ownership independent of the will of superiors. So Suarez tract. 3. de Rel. lib. 8. cap. 7. and Valencia disp. 10. quaest. 4. puncto 9.
One must perceive well, however, what you promise by this vow, so that from it you may know in what way it can be violated.
A LORD, or proprietor, first has the free faculty of using a thing at his own discretion without injury to another, which would be against commutative justice, and by this faculty someone is constituted a lord, as it were in first act, as is clear from the definition of dominion given, Tract. de Iust. disp. 17. quaest. 1.
SECOND he uses the thing independently of the will of another, whereby he is lord of the thing, as it were in second act. Now Religious renounce both by the vow of Poverty: For they promise that they will neither have nor receive that free faculty over any thing, nor even use anything independently of the will of a superior. So Valencia loco cit. and Sylvester V. Religio 6. num. 2.
Hence it will easily be judged in which cases Poverty is violated, of which I shall treat. For a religious is forbidden to have direct or useful dominion, or possession in money, or a thing worth money, whether movable or immovable, or independent use. Rodriquez tract. 3. qq. quaest. 19. art. 3. et 4. Lessius lib. 2. cap. 41. num. 78. Sanchez lib. 7. moral. cap. 18. num. 25. Miranda tract. 1. quaest. 18. art. 1. Faust. in thesauro lib. 8. quaest. 12. Basseus V. Pauper. num. 1. adding meanwhile that a religious retains dominion, or the right of honor, of fame, the right of electing, presenting, and consenting; likewise to hold a regular benefice, and spiritual jurisdiction, and to be able to act in his own name for acquiring, retaining, recovering such rights.
Quaestio II: Which Poverty is more excellent
All (as the common saying goes,) divert the rivulets of waters to their own mill. They say therefore. D. Thomas quaest. 188. art. 7. with the distinguished disciples of his order, and the Fathers of the Society, among whom Suarez tomo 3. de Relig. lib. 8. cap. 9. Valencia disp. 10. quaest. 6. puncto 2. and others related by Basseus, V. Religio 1. num. 13. that their poverty excels the others.
They suppose, however, that Religion to be more perfect which is ordered to the better end. Since indeed the contemplative life is ordered to a higher end, namely it is raised to union with God; than the active, which is destined to the aids of neighbors, as Christ defines, Luke 10. Martha, you are anxious and troubled about many things: Mary has chosen the best part, etc. But that is better than both which attends to God by contemplation, and to neighbor by aid, especially spiritual; since these more closely imitate the mixed life of Christ and the Apostles, and not only shine by virtue but also illuminate, as D. Thomas discusses quaest. 188. art. 6. Sylvius with Cajet. ibi Sylvest. V. Religio, 1. Lessius lib. 2. cap. 41. dub. 2. Layman lib. 4. tract. 5. cap. 1.
They suppose next, that Poverty, fasts, etc. are not the very formal object of perfection, but are mere instruments, whence it happens that their goodness and perfection must be drawn not from absolute perfection, but from instrumental; and accordingly that poverty will not be more perfect which strips more strictly, but which better serves the end of religion. Thence they advance, that since some external goods are required for the mixed life, the perfection of religion is not diminished if some goods are laid down in common, surely so that individuals without anxiety may attend to the end of religion. This doctrine is acclaimed with much applause, received. This at least Suarez asserts in some Religions num. 5. after Viguet. sum. cap. 17. §. 1. Ferrar. 3. com. G. cap. 143. and others. He proves it with Valencia, because the Most Holy Council of Trent sess. 25. cap. 3. de regul. concedes immovable goods to mendicant Religions, except only the FF. of Observance and the Capuchins.
Pellizarius expends more things for proving this.
The opinion of D. Bonaventure ad cap. 6. Regulae, and the expositors ibi, as also of Bartoli in minorica, cap. 1. cit. that the Poverty of the Minors is far more perfect than the others: Therefore it is called by S. P. Francis cap. 6. et by the supreme Pontiffs, especially Nicholas III. cap. Exiit. Et Clem. V. cap. Exivi, in 6. and others, with John Fenestra in tract. de Pauper. ALTISSIMAM. And he adds: This is that height of the Most High Poverty.
It is proved from the Holy Doctor first, from the foundation of the adversaries. That Poverty is more sublime which leads better to the end of perfection, which is the Charity of God and neighbor, which the Religion professing the mixed life, which is most perfect, professes excellently: Such is the Poverty of the Minors: Therefore. The Major is that of the adversaries. The Minor is proved; for the Poverty of the Minors says every renunciation, even in common, which exceeds all others, and especially separates from the cares of external things, whose cupidity is called the root of all evils, by the Apostle, and idolatry. Then thus: The more one recedes from one extreme, the more one approaches the other; but our Poverty most of all tears away from the world: therefore it most of all raises to the love of God. Hence cap. 6. Regulae, it is called by S. P. Francis rightly and deservedly Most High, and it is acclaimed in the abstract: This is that height of the Most High Poverty, which made you, my most dear brothers, heirs and kings of the kingdom of heaven, poor in things, and raised you in virtues. Behold the summit of virtues, which consists in charity. It alludes to the promise of Christ for the present: Blessed are the poor in spirit: for theirs is the kingdom of heaven, as D. Bonaventure notes there, since the Kings of that kingdom, on account of their most high state and merit, are acclaimed stable on the throne, if they persevere in their vocation. The minor is proved still further; for what most of all is repugnant to the love of God and neighbor is the immoderate love of one's own, which makes us, cast down to build the infernal Babylon of the devil, descend to the center, as D. Augustine says 14. de CIV. cap. ult. et lib. 11. de Gen. ad litt. cap. 15. and that Mine and Thine, as D. Gregory says homil. in Breviar. de uno Martyre. Therefore, he who more abstracts from this love raises most of all to the city of God, which is built by Charity, as D. Augustine says loco cit. de civit.
It is confirmed; for this poverty is enjoined by Christ willing perfection: If you will be perfect, go, sell all that you have, and give to the poor, as D. Jerome expounds epist. 8. ad Demetriadem: It belongs to the height of apostolic and perfect virtue to sell all things and distribute to the poor, and thus with Christ to fly upward, light and unencumbered, to heavenly things. The whole argument is D. Bonaventure's also opusculo de Christi paupertate, art. 1. et Apol. paup. cap. 3. resp. prima.
All answer with D. Thomas, that those leading the active life need many resources, because many things are necessary for actions, as Aristotle says 10. Eth. cap. 8. but those living in contemplation, as Monks, need external things less, as the Philosopher says above; for they are more attentive to the spirit, whence they are content with moderate revenues. Those who in the end lead a mixed life, communicating contemplation with action, since they have a doubled solicitude for spiritual things, therefore undergo and suffer the least solicitude; but the least solicitude is to reserve something for necessity. For thus also Christ, the master of the poor, had handed over his purse to Judas for expenses, and necessary things were bought with it, as is gathered from John cap. 4. 12. et 13.
These things are not proved against the Seraphic Doctor, who wove the little work on the poverty of Christ, against William. He indeed admits that Christ had purses at the time of persecution, also compassionating infirmity; but sending the disciples, he commanded: Take nothing, neither scrip, etc. giving them the form of the Evangelical life. He adds, that he had purses as supreme Prelate of the Church, to relieve the necessities of the poor. Therefore he did not have a denarius for himself to pay the tribute Matt. 17. as the Gloss says.
He shows also that it is FALSE, that the least solicitude handed down by Christ is to have purses.
FIRST it is clear from the scriptures Matt. 19. Go, sell all, and give to the poor. He enjoined this, that he might give the form of religious perfection, reserving nothing at all to himself, either in particular or in common, as the Glosses expound, and the Fathers, Matt. 10. Do not possess gold, nor silver, nor money, etc.
Mark 12. he praises the widow, because from her want she had given her whole livelihood.
Luke 12. Consider the ravens, etc. where he addresses the saints to perfection, as the Gloss says, that they have nothing.
Matthew 8. The foxes have dens, and the birds of the air nests: but the son of man has not where to lay his head, where Chrysostom homil. 28. Why do you expect money, following me? Do you not see that I have not a lodging, not even as much as the birds? So the Gloss also there.
SECOND Cor. 8. Christ is called needy and poor. See other scriptures in the Holy Doctor at the cited places, as Act. 3. Silver and gold there is not for me.
He adds MANY testimonies of the Holy Fathers in the cited little works, and quaest. 4. in Regulam.
D. AMBROSE lib. 6. in Lucam, cap. 9. Of what sort he ought to be who evangelizes the kingdom of God is designated by the evangelical precepts, that without staff, without scrip or shoes, without bread, without money, that is, not requiring the supports of secular aid, and secure in faith he may think that he can more abundantly supply the want of them. Hence the mission of the disciples, Luke 10. was without the aid of temporal things.
D. JEROME epist. ad Heliodor. I do not will that you recall former necessities; you love the naked eremus: I do not will that the ancient difficulty of pilgrimage terrify you. You who believe in Christ, believe also his words. Seek first the kingdom of God, and all these things will be added to you. A scrip must not be taken up by you, nor a staff; rich is he who is poor with Christ. Here again he enjoins the counsel of Christ, Matt. 6. Consider the birds of the air, they labor not, neither do they spin, and God feeds them. Be not solicitous therefore. He adds to this the Gloss of D. Jerome himself, and of D. Augustine.
D. GREGORY homil. 20. in Ezech. When one vows something of his own, it is a sacrifice: but when all that he has, all that he lives, it is a holocaust.
D. BERNARD epist. 42. Happy he who retains nothing for himself of all things; he has not a den as the fox, nor a nest as the birds of the air, not purses, as Judas, etc.
He also adduces many reasons. See the work itself.
He ADDS that our Rule was dictated by Christ on the mountain of Palumbo, as is had in the life of S. P. Francis, confirmed by Holy Church, as is had cap. Nimis prava de excess. Praelat. and the Pontiff Honorius III. in this appended confirmation protests the divine indignation against the violator. But if also the holy Council of Trent forbids the Capuchins and Minors of Observance goods in common, surely it makes for perfection, so that so grave a decree not be idle, but concerning the good of the Church.
They OBJECT especially, that God is not to be tempted, but thus God is tempted by casting away necessities.
I answer at once with D. Bonaventure, that he is not tempting God who Matt. 6. promised providence; and in other places gives counsel about this. Nay he tempts God who doubts of his promises exhibited: Consider the birds of the air, etc. Whence D. Jerome says there: Therefore he who doubts of this, as the sons of Israel, tempts God, who said: Can God prepare a table in the desert? But perfect men ought not to be conformed to these, but rather to the Apostles, of whom it is said 2. Cor. 4. We are cast down, but we are not destitute. See the Holy Doctor, who adds in the apol. Bede, Chrysostom, Ambrose, and Augustine.
They OBJECT secondly. Virtue is not in extremes, but to give all things is prodigality in the extreme.
The Holy Doctor ANSWERS that Liberality is in the mean: but prodigality is in the extreme, badly consuming; but to leave all things for the love of Christ is the mean of perfection, whereby unburdened we may go more expeditiously to God.
NEITHER let us fear; for 6. Matth. he promises: Seek first the kingdom of God, and all these things (that is, food and clothing) will be added to you. See the Holy Doctor differing excellently in both works.
They OBJECT, that Religions which follow this highest poverty soon relaxed have failed; but others have persevered steadfastly. They urge also that from it proprieties are introduced.
Pellizarius urges that D. Bonaventure held this sense epistolis ad ministros, and that the Council of Trent conceded goods in common to other Orders.
THESE things avail nothing; for the perfection of virtue is in the arduous; what wonder then that the Most High Poverty has been assailed by tempests? the lightnings strike the highest mountains, and if that Order has undergone relaxations, God will provide also reformations. Nor does S. Bonaventure speak in that sense which Pellizar. takes, but he exhorts the ministers to remove relaxations and depraved examples, on account of which worldly men deny alms. But as to what he says of the Council of Trent, let it be that it was judged to belong to perfection, to concede goods in common. Would you then say that it denied these to the Minors on account of imperfection? far be it. Nay, the most prudent Fathers, compassionating the depraved age and the infirmity of religious, concede those goods according to their institutes, who would with difficulty fulfill their duties without them.
Quaestio III: Whether mendicancy befits Religious Poverty
Whether begging befits Religious Poverty.
UVICLEPHUS, therefore, condemned in the Council of Constance, sess. 8, and in the Bull of Martin V, and Luther with Roffensis, art. 41. contra eum, clamored that mendicancy should be done away with altogether. Nicholas III approves it, cap. exiit de verb. significat. in 6. And it is approved by Vualdensis, lib. 4. doctrinae fidei, cap. 3. et 4. Caietanus, ad art. D. Thom. I ASSERT that mendicancy is honorable for religious.
PROVED by St. Bonaventure first from the Rule taken up by St. Francis, from 10 Matth.: Do not possess gold, or silver, nor money in your purses, nor a scrip for the journey, nor two coats, nor shoes. The same he commands Mark 6. and Luke 9. and 10. There they are seen to live not from labor, but from the liberality of those to whom they preached. The same is read 1 Cor. 9. and he gives the reason: Who ever serves at his own charges? And Christ says: The laborer is worthy of his hire. To this the Apostle urges, 2 Cor. 8.
PROVED secondly by St. Bonaventure from the example of Christ, who declares himself a beggar, Psalm. 39. But I am a beggar and poor, and Psalm. 108. And he persecuted a needy and beggarly man: where Bellarmine observes that in these places is the word אבְי֥וֹן, which is had Deuter. 15. where it is said: There shall be no beggar among you. But observe that it in no place signifies a beggar, but in Deuter. the needy man, and in the Psalms, the poor man, as Pagn. notes, although in the Latin Bibles translated by Pagnino it reads beggar. But the LXX also read poor, with the Chaldean Paraphrase. It is had in the original Psalm. 39. עָנִ֣י וְאֶבְיוֹן afflicted, and poor. The same you have Psalm. 108. but among the Hebrews 109. 17. This the Seraphic Doctor observed, I think, who does not bring this passage against himself, when at num. 13. he opposes to himself Cod. de mendic. validis, lib. 11. cap. 25. where the able-bodied are forbidden to beg from house to house publicly.
Both Psalms are applied to Christ, and indeed the former by Paul, Heb. 9. and the latter by Peter, Act. 1. and 2. Cor. 8. For your sakes he was made poor, where the Greek has ἐπτώχευσε, signifying a beggar of gentle birth, who confidently asks for a meal somewhere, as Homer hints, Odiff. 17. Now Christ was such a beggar of gentle birth, such as we call in Italian Poveri vergognosi. He asked indeed, but with reserve, now at Martha's house Luke 10. now at Zacchaeus' ch. 19. now at Simon the Leper's Matth. 26. Marci 14. now in the house of Peter Luke 4. now in the house of Matthew ch. 9. et Marci 11. Having looked round on all things, he went out to Bethany, seeing that no one had invited him.
IN Deuteronomy, however, he said that no beggar at all, or needy man, would be among them, not forbidding, but foretelling from the blessing of their produce, if only they observed the law; otherwise he threatened in the same chapter: The poor shall not be lacking among you. Whence many in Judea in the time of Christ were beggars Luke 16. Lazarus Luke 18. the blind man begging Ioan. 9. another blind man Act. 3. that lame man. Therefore God had promised that there would be no beggar, either of gentle birth, or going publicly from door to door, because he would ward off want from those observing the divine law: but Christ in the Vulgate is called a beggar, and to this we must hold, even if in the Hebrew it is not read, except poor and needy, not a beggar; perhaps because he was not among those who ply their trade at the temple porches and through the streets. I will bring another solution from St. Bonaventure, ad 6.
THESE things I have said, that I may satisfy Armachanus, who says it is not read that Christ was a beggar. But what he adds about the necessary poverty of Christ lies sufficiently refuted by Bellarmine.
HENCE also falls what he adds, that the religious mendicant life was not instituted by Christ; for this is against the declaration of Nicholas P. III, cap. Exiit, and, as Apostolic, it was approved by Innocent III by the testimony of St. Bonaventure, Honorius III, who confirmed the rule. Gregor. IX. Innoc. IV. Alexand. IV. as Ioan. XXII. reports in Extrau. Quia quorundam, de verb. significat. and also the General Council of Lugdunum, as Nicholas P. reports, cap. Exiit, and that of Constance, sess. 8.
NOR did Christ ever revoke this institution, but dispensed for the time of the fierce persecution Lucae 22. Whence also 1. Cor. 9. the Apostle teaches by the argument of Christ, adduced above, namely, that those who preach the Gospel should live from the Gospel.
PROVED still by St. Bonaventure, from 11. Heb. where the Saints are said: They wandered about in sheepskins, destitute. So Elias 3. Regum, 17. Eliseus, and others.
HE proves also by examples of the saints of the new testament, who even wrought miracles in receiving alms. He adds the authorities of the holy Fathers, especially St. Gregory, lib. 8. moral. cap. 5. St. Hieron. ad Iulian. epist. 34.
HE proves also by reasons: Then because the state of the poor is that of the needy, and it is not only not forbidden religious to beg, but it is declared holy and meritorious, because it humbles and makes one contemptible. Then it is fair that the spiritual laborer at least be sustained, while he spends his life for them, as Christ and the Apostle say.
SINCE, however, there is another mendicancy, religious, unto evangelical perfection, which I proved honorable, and the Seraphic Doctor confirms again in the body, by authority, and by reason, as anyone can read through. Another is of necessity, which he shows is meritorious, if patiently undergone, as is shown of Lazarus Luke 16. Another is from cupidity. This the holy Doctors reprehend with St. Ambrose, lib. 2. de offic. cap. 16. St. August. de oper. monach. cap. 21. et seqq.
The adversaries OBJECT first from Scripture, which detests mendicancy, as the cause of many evils, Prouerb. 30. Give me not beggary, and riches: give me only food necessary for my sustenance: lest perhaps being filled I be enticed to deny, and say: Who is the Lord? or compelled by want I steal, and perjure the name of my God, Eccles. 17. Through want many have fallen away.
St. Bonaventure ANSWERS, art. 1. de paupertate Christi, that the Holy Spirit speaks of involuntary poverty, whose desire is the handle of evil; not of voluntary poverty, whereby we are as having nothing, and possessing all things, 2. Cor. 6. For this looks up to heaven, nay, sits in it. He brings St. Chrysostom, homil. 47. in Matth.
He ANSWERS secondly, that it speaks of the state of the old testament, where men, for the most part imperfect, esteemed the greatest blessings in a land flowing with milk and honey, as Chrysost. says, homil. 18. in epist. ad Heb. and Ambros. serm. 8. in Psalm. 118.
They OBJECT secondly: mendicancy is imposed only in punishment of faults, Psalm. 108. Wavering, let his children be removed, and beg, and Psalm. 36. I have not seen the just forsaken, nor his seed seeking bread, Psalm. 33: There is no want to them that fear him, Eccles. 40. Better is it to die, than to want.
The Seraphic Doctor ANSWERS that want of spiritual goods, and involuntary, is the punishment.
To the second passage he says with the Gloss, that the just do not need spiritual food — surely many just men have begged. Elias 3. Reg. 17. David 1. Reg. 21. Lazarus, Luke 16. Therefore Hieronymus and Augustine explain it of spiritual refreshment.
Bellarmine ANSWERS secondly, cap. 46. citing Titelmanus, that that word (derelictum) is referred also to the seed seeking bread. Thus the sense is: I have not seen the just, nor his children, even seeking bread, forsaken by God. It had been better for him to say that this response is that of St. Bonaventure, from whom he excerpted all the others, as is evident to the reader.
¶ The Seraphic Doctor adds that this is true of the anxious solicitude of the greedy, which does not befit the just. Whence in the Hebrew the verb is in the Piel, בקש, which signifies to seek solicitously.
¶ To the third he says it speaks of spiritual want, of which he subjoins: The rich have wanted, and suffered hunger.
¶ To the fourth he answers with the Gloss, that it is understood of those needy of spiritual goods, such as was that one in the Apocalypse.
¶ They object thirdly: moderate riches contribute to a perfect life, Eccli. 7. Wisdom is more profitable with riches.
¶ He answers that nothing is better for the poor wise man than the things of eternal life; but the rich fool is liable to six hundred evils, therefore the rich man is better joined with wisdom together with riches; for thus he does not cling to them, but becomes poor in spirit. Thus the sense is: Wisdom is more profitable, that is, if it is joined with riches, rather than if he lacks it: Or more profitable, insofar as it teaches him to spend them for salvation. Thus St. Bonavent. respons. 4. cap. 3. in Apologia.
¶ But what Bellarmine expounds from the Hebrew: Good is wisdom with riches, because without it riches are evil, not because without riches wisdom itself is evil; and thus he removes the comparison, he accomplishes little.
¶ They object fourthly. Act. 20. It is a more blessed thing to give, than to receive. Whence Aristotle 1. Eth. cap. 8. says that riches are necessary for happiness.
¶ The Seraphic Doctor answers that it is more blessed to give alms, than to receive out of necessity: but it is more blessed to receive by begging for the love of God, than to give: for the former adds the state of perfection. Thus he expounds with St. August. de Eccl. dogm. cap. 71. or Gennad. with St. August. who teaches this in the lib. de bono coniug. cap. 8. Aristotle, however, speaks of human happiness.
¶ They object fifthly, Luke 11. Sell what you possess, etc. where the Gloss says: That you may live by labor.
¶ The Seraphic Doctor answers that it is a counsel, and indeed an alternative one, whence he subjoins: Or make alms. Moreover he urges labor on those not occupied in a greater work.
¶ They object sixthly: Urban Pope 12. quaest. 1. cap. Videntes, orders the Bishops to provide the needy with a common life, that no one be needy.
¶ St. Bonaventure answers that the decree is not for the needy, but for the Bishops. Whence just as the law of Deuter. 15. There shall be no needy one at all, and no beggar among you, is not given against the mendicancy of the poor, but against the tenacity of the rich, as is evident, for in the same cap. it is subjoined: The poor shall not be lacking in the land of your habitation: Therefore I command you, to open your hand etc. so also in this case. This exposition Bellarmine attributes to St. Thomas.
¶ He adds there that Clerics are introduced, that they may not possess property: and it is added, that they should be helped; granted that they may have in common; nevertheless the profession of having nothing in common he teaches is approved by the Supreme Pontiffs, Innocent, Honorius, and Gregory, cap. Nimis prava de excessibus prael. Both, however, Nicholas III praises, cap. Exiit.
¶ They object seventhly, that begging is forbidden in the Cod.
¶ The Seraphic Doctor answers that the law speaks of certain healthy, able-bodied, and idle men, useless to the Republic, not of poor evangelicals, who labor not idly, but for the good of the Republic and of the Church.
¶ They object eighthly, that it is the vice of the Giezi to receive bodily things for spiritual.
¶ The Seraphic Doctor answers that they do not give spiritual things for sustenance, but ask for sustenance, that they may spend their life for the salvation of others.
¶ They object ninthly: the ancient holy Patriarchs, Basilius, Benedictus, Augustinus, Hieronymus, and others, held goods in common, nor are they read to have begged.
¶ The Seraphic Doctor answers amply at 10. that by the great providence of God at this time he sent Blessed Francis to the Church, to be built up by the apostolic life, when men, already growing cold in charity, were declining from the paths of Christ: Therefore he seemed to be renewing the footsteps of Christ, as is read in the Chronicles. He venerates, and deservedly, the other Patriarchs. Thus quaest. 4. in Regulam.
¶ Nor does he fear those denying that Christ was a beggar, and saying that he asked out of urbanity; nor yet that he did these things for imitation. For he showed that he exhibited these to be imitated, and earnestly begged. See the Seraphic Doctor.
¶ From these he deduces that Religious can live from alms; for alms are owed to Religious from the will of the givers, from the necessity assumed for Christ, and from the ministries undertaken for the people, as St. Thom. also says, quaest. 186. art. 4.
¶ But accidentally alms would be illicit for them, if they deviated from their due, and this is lethal, Caietan. says, if they abstained from their office out of contempt for the benefit of alms. See also Valencia, quaest. 5. puncto 3. These St. P. Francis called thieves.
¶ St. Thom. adds in the body with St. Bonau. in the arguments; if it is lawful to receive ample possessions, much more can they receive necessaries for sustenance. But why it is now asked more, see the Seraphic Doctor, quaest. 14. cont. hostes Religionis, and quaest. 8. in Regulam.
Quaestio IV: Whether Religious, on account of Poverty, ought to be clothed in mean garments
Whether Religious, on account of Poverty, ought to be clad in mean garments.
¶ I ASSERT that it is lawful to use a rough habit, nay, that it befits them. Thus St. Bonau. in cap. 2. Reg. et p. p. speculi discipl. ad novitios, cap. 25. This indeed contributes to poverty, humility, penance, and contempt of worldly things. Vuald. pursues these at length, lib. 3. doctr. fidei, cap. 27. Each orders obtains its own peculiar habit from the ancient custom and tradition of the Church, as is evident from St. Dionys. cap. 6. Eccl. Hier. from the Councils, Gangr. at the end, Aurel. V. cap. 19. Carth. IV. cap. 11. et 104. Tolet. VI. cap. 6. Tol. X. cap. 4. 5. 6. The Sixth General Synod, cap. 42. and excommunication is imposed upon one who rashly lays aside the habit, cap. es periculosa, tit. Ne Clerici, vel Monach. lib. 6. See Caiet. V. Excom. cap. 61. Valencia, d. 10. quaest. 5. puncto 4.
¶ I ASSERT that meanness of habit befits Religious.
¶ It is proved by St. Bonaventure first: The habit indicates the state of the person, Eccli. 19. The apparel of a man declares him, but the Religious ought to be discerned from delicate seculars. Surely they who are clothed in soft garments are in the houses of kings, Matth. 11.
LEARN THE COMPOSITION of the habit in the Seraphic Doctor.
FURTHERMORE he ENJOINS, that they not be stripped of the habit without necessity, even for a short time.
IT IS FORBIDDEN under excommunication incurred ipso facto, to lay aside the habit rashly, cap. Ut periculosa, cit.
NOTE that it is incurred through rashness, if it is laid aside without cause, and another is assumed unto apostasy, or he could be said to have laid it aside. See Politius in cap. 2. Reg. where he adds that excom. is not incurred by him who would strip himself in order to commit fornication, unless he put on another garment, that he might go unknown. Thus also Nauar. Man. cap. 27. num. 131. Sylvest. V. Excom. 9. num. 24. yet he would sin lethally. The habit ought to be worn openly abroad, from Trident. sess. 25. cap. 1. t. Rodrig. tom. 1. qq. quaest. 30. art. 2. It ought also to be worn at night, cap. Sanctimon. d. 23. See also Sanctem. ad cap. 2. Regulae.
St. BONAVENTURA published another little work on sandals, in which he shows that these were worn from the times of the infant Church even by the very Apostles. Read him through.
Quaestio V: Whether austere fare is owed to Religious Poverty
Whether austerity of food is owed to Poverty.
ELOQUENTLY the Seraphic Doctor expounds the abstinences and austerities of Religious c. 2. et 3. Responsionis secundae in Apologia Pauperum. The sectaries assail them with calumnies and taunts.
I ASSERT that austerity befits Religious.
It is proved from the Seraphic Doctor first, from Luke 1. where Ioannes is foretold great on that account: For he shall be great; he shall not drink wine, or strong drink. And he ate locusts, clothed in haircloth.
THEN from 1. Cor. 9. where Paul: I chastise my body, etc. Every one who contends in the arena abstains from all things.
THIRDLY from the austerities of the ancient Saints. See the excellent things there.
Quaestio VI: How Poverty is violated
How Poverty is violated.
INNUMERABLE cases are to be defined here, and so this question must be treated more broadly.
NOTE first, from what was said in question 1 from the obligation induced by the vow, by what means it is violated. The vow of Poverty therefore strips one of all dominion, and of use independent of the free will of the Superior. Wherefore anyone whatsoever usurping some dominion, or use independent of the will of the Superior, will be guilty of rashly violating Poverty.
NOTE secondly, that the will of the superior grants the disposition of some thing in two ways: first expressly, second tacitly, or interpretatively, as D. Bonaventure teaches in the Apology of the Poor, cap. 3. of the fourth response. The will is express, when the Superior expressly grants the faculty by word, in writing, or by signs. The tacit interpretative, or presumed will, is that by which the superior, knowing and able to object, freely permits something; and for that reason we can act, interpreting the will of the Superior, which we morally presume not to resist, and which, if he knew this were being done, he would not refuse, nor would he demand that an express faculty be sought. And this has been introduced chiefly from the custom of doing these things without a sought faculty, as D. Bonav. notes in the opuscula cited, and Bassaeus V. Paupertas, num. 3. It is gathered also from the circumstances of the superior: whether he be discreet, whether gentle, whether friendly. From the circumstances also of the subject: whether he be upright and serious. From the things themselves: whether they be studious, whether useful to the Religion, etc.
But OBSERVE, as Faustus notes in the treasury, lib. 8. question 162, and Bassaeus loc. cit., and Rodrig. part. 3. on the Vow of Poverty, that the Religion in which these things occur must be keenly observed; for what in this one will be venial, or free from fault, in another will be mortal. The customs also must be observed: whether they were introduced and kept by the God-fearing, or rather are corruptions and abuses creeping from the looser morals of the age into the Religion, which the Prelates tolerate for the sake of peace, lest seditions be stirred up. Truly these faculties do not have the character of a privilege in the manner of one, so that they be given and diffused to all by communication; for although all vow Poverty, some vow a stricter one than others, as I showed in question 1, and where the pledge is equal, the observance is not equal.
THEREFORE against the vow of Poverty a Religious sins if he accepts, keeps, consumes, exchanges, or gives away any thing whatsoever, whether of the Religion, or from outside, without the tacit or express consent of the superior: Azor. tom. 1. lib. 12. cap. 12. Valent. d. 10. question 4. point 3. Sanchez lib. 7. moral. cap. 19. Less. lib. 2. cap. 1. num. 78. Bassaeus num. 2. Arag. with D. Thom. 2. 2. question 32. art. 8. Diana on Poverty resol. 31. part. 1. Laym. lib. 4. tract. 5. cap. 7. Sanchez lib. 7. moral. cap. 18.
It is PROVED from the first noting, because he promised the opposite.
THEN among consumable things are also foods, to the grave loss of the Religion; which if they are taken from outside, it is against Poverty; but if from the Monastery, it will also be theft. Yet these are not to be weighed with so delicate a scale, that if anyone, even with a companion, frequently consumes them by eating, it be mortal (except if grave loss were inflicted). Thus Suarez Tom. 3. on Religion lib. 8. cap. 11. num. 41. Tannerus adds 2. 2. d. 7. question 3. d. 4. num. 106. Nor can any severity of the Prelates render such acceptances, with respect to the substance of the thing accepted, iniquitous. Caramuel subscribes d. 60. num. 888.
RESTRICT however, if the Religion were poor, as Barthol. a Sancto Fausto says of himself in the treasury lib. 8. question 110. Sayrus lib. 9. cap. 16. num. 20. Bassaeus num. 3.
But WHAT quantity is required for it to be mortal, Diana does not determine first part. on Poverty resol. 30, nor Faustus, nor Sayrus, nor even Bassaeus.
MOREOVER many things must be weighed, as the quality of things, scarcity, or abundance, as Bassaeus notes with Caramuel.
You will ASK: whether in ownership there can be parvity of matter, say, an obol.
SOME have denied it, and Doctors Benedict, Jerome, Bonaventure, Anthony, and Cassian are brought forward, according to Faustus in the treasury, lib. 8. question 187.
The Saintly Doctor is BADLY brought forward; for ad cap. 6 of the Rule in these words: Let the brothers appropriate nothing to themselves — from which words some deduce that it is forbidden under penalty of ownership to take to oneself even the smallest thing above nothing, as Sanctes reports, among whom they place D. Bonaventure; but the Saintly Doctor shows this exposition to be false, because there is subjoined: Neither a house, nor a place, nor any other thing, inferring that there are excluded not only money, of which above, but also other kinds of things under grave guilt, not singly down to every kind whatever. Nor do the holy Fathers will anything else, or that the appropriation of a minute thing be ownership; but from the parvity of matter they knew that a light one, in the judgment of prudent men, is not a higher precept than this natural precept of not stealing, in which parvity of matter is admitted.
THEREFORE they require grave matter for a mortal sin, and that it be determined, as I showed for constituting the grave theft of sons, in the disputation on theft.
On this matter see Diana part. 1. on Poverty resol. 36, where he says, as many heads, so many opinions; Rodr. tom. 4. cap. 118. posits two aurei; Soto taught it on justice lib. 4. question 3. ad 3, and Aragon. judged it probable 2. 2. question 66. art. 6.
Cenedo on the Poverty of Religious dub. 20. with Ledesm. addition to the summa tom. 2. cap. 4. posits ocho o nueve reales [eight or nine reals], 6. the value of them.
MENDOZA question 8. on Poverty posits two silver coins, which are eight reals.
IOANNES DE LA CRUZ on the Religious state lib. 1. cap. 3. d. 5. and Sanchez sum. tom. 3. lib. 7. cap. 20. posit four silver coins, namely 16 reals. So also Faustus in the treasury lib. 8. question 193, who adds in the wealthiest Religions three silver coins; in middling ones two; in poor ones one; Diana subscribes.
MIRANDA in the Manual tom. 1. question 28. art. 17. teaches that this must be measured according to the variety of the Religion, of persons, of place, and of time, by the judgment of a prudent man. Bassaeus subscribes V. furtum 2. num. 6. This seems right to me.
This is the opinion of D. Bonavent. in the mirror of the soul, cap. 2. §. On theft, where he wills not to determine the quantity, but shows that it varies according to the circumstances.
Bassaeus however WARNS V. Paupertas 3. that there can be grave matter of theft from loss, say of an instrument for gain, for example, a needle; yet it will not be grave by reason of ownership; just as ownership can be grave, say of gold, yet it will not be grave in the genus of theft, say, if it were taken from the King.
But WHEN several petty thefts make one grave one, I taught sufficiently in the disputation on theft.
From the first foundation you have also that a Religious cannot usurp to himself for another use money precisely destined by the superior to one use, Less. lib. 2. cap. 41. Layman. lib. 4. tract. 5. cap. 7. Sanch. lib. 7. cap. 19. num. 115. Faust. lib. 8. question 101. Rodrig. tom. 3. 99. rule question 29. art. 10. Bassaeus num. 5.
You HAVE also that Poverty is violated if he accepts, or keeps those things which are given from outside, cap. ad Monasterium, on the state of Monks. Molina tom. 1. tract. 2. d. 140. For whatever a Religious acquires, he acquires for the Monastery, if it be capable. And if the Religious by a contract or offense does not bring the Monastery under an obligation, cap. Quod quibusdam on suretyship. Except if he has compromised it, or drawn profit from it.
He will VIOLATE Poverty also by hiding a thing from the Prelate, even if he had license from a preceding Prelate. Likewise, he who murmurs with a resisting will, if the thing be taken away by the Prelate; thus Less. cit. num. 79. Sanchez cit. cap. 19. num. 60. Sylvest. V. Relig. 6. question 7. Layman. cit. cap. 7. n. 8. Faust. lib. 8. question 126. Rodtig. cit. art. 10. and 12. Petr. Nauarr. lib. 3. on restitution cap. 1. num. 174. and 179. Bassaeus num. 7.
The Steward also will violate it by distributing against his ministration. Thus D. Thom. question 32. art. 8. Molin. tom. 2. d. 276. Sylvest. ad D. Thomam.
SIMILARLY the Prelate badly distributing the goods of the Monastery, cap. Fraternitatem on donations. Sanchez cit. cap. 19. num. 30. Graff. part. 1. lib. 3. cap. 5. num. 133. Bass. num. 8., who nevertheless numbers various cases in which it is lawful for a Religious to give alms without consulting the superior. But with him unwilling, he can bestow it in extreme necessity. Thus D. Thom. 2. 2. question 32. art. 8. ad 1.
Dubitatio I: Whether Prelates can concede to Religious an annual peculium
Whether Prelates can grant Religious an annual peculium.
Truly the superior cannot grant an IRREVOCABLE use of things, as the Doctors warn at Bassaeus num. 19.
Indeed by ancient law it was granted revocably, for a cause, for determinate necessities; yet so that it be in the hand of the Official of the convent, to whom he may expose his singular necessity, and receive moderately, and let that peculium be incorporated into the goods of the Monastery; Rodrig. tom. 2. cap. 33. Azor. tom. 1. lib. 12. cap. 9. question 1. Sanch. lib. 7. cap. 19. although others stand opposed to him there; for he does not appropriate anything to himself.
NOR does the Council of Trent revoke this sess. 25. cap. 2., but only declares the ancient law, as is clear to one reading, and very many teach with Sanchez lib. 7. cap. 21. num. 11. Diana part. 1. tract. on poverty resol. 32. Although others teach the opposite, as reported at those cited and at Bassaeus num. 10., among them Rodrig. tom. 3. 99. question 27. art. 10. Less. lib. 2. cap. 4. num. 30. Molin. tom. 2. d. 276. Valent. d. 10. question 4. point 3.
Truly I do not see that, with the peculium remaining with the aforementioned cautions, there should flow forth any stain of ownership, the use in fact remaining in the hand of the official for relieving singular necessities. See also Faustus in the treasury l. 8. question 30.
Yet Religious must BEWARE lest they squander a peculium granted chiefly for their indigence on disgraceful acts: for these act against poverty and are liable to restitution: although Diana, citing many yet fearing, grants it loosely part. 3. tract. 2. resol. 65. and part. 2. tract. 15. resol. 54. Nor does Bordonus teach more correctly in the cons. of the rule resol. 53. question 17., that an express license for spending money on illicit uses excuses from ownership and restitution.
Dubitatio II: Whether a Religious, having superfluities by license of his superior, is a proprietor
Whether a Religious, having superfluous things by the license of the superior, is an owner.
It is CERTAIN that both the superior granting and the Religious having are guilty of a mortal sin, from the Council of Trent sess. 25. cap. 2., and the holy Congregation at Quarant. V. Reserved case, and the Clementine at Nauarr. Com. 4. on the Rules num. 27.
But whether he is an owner against Poverty; I judge this man guilty, for I do not see of what other crime he would be guilty, except ownership, since he uses superfluous things against the will of the Pontiff, the supreme Father, as is had in the Council of Trent loc. cit. Thus Maior in 4. d. 38. q. 9. Petr. Nauar. lib. 3. on Restitution cap. 1. d. 1. n. 168. Graff. 2. p. lib. 3. cap. 19. Bassaeus Baffaeus num. 11., where he explains the superfluity of things with D. Bernard in the Apology to William, and in the letter to the brothers of Mount Dei, and sermon 4. Adveniens.
S. Bonaventure defers it most excellently to c. 1. of the Rule in these words: Let them be clothed in poor garments.
The Saintly Doctor condemns superfluity in things, above all pomp in buildings, q. 6. on the Rule, where he says these act gravely against poverty. Moreover, he declares them guilty of scandal and of the sins of others.
IN the Apology of the poor, of the first response c. 2. and 3. he gravely reproves superfluity of food; more closely c. 3. respons. 3. But gravely cap. 2. respons. 5. He refutes what a certain adversary objects from the riches of the ancient Levites, from the august pomp of the temple of Solomon, in order to overturn Evangelical Poverty. And cap. 3. he approves a poverty that lacks abundance. He confirms the same, c. 4. and in the Letters to the Ministers.
These things one would have to transcribe with no Iota changed. But I beg you, run through and drink in the flowing wisdom of the Saintly Doctor. Truly I wonder at Baffaeus not to defer to S. Bonaventure; indeed, not even to name him.
The PRELATE, on the other hand, not ministering necessaries to his subjects, when he can, and offering a particular occasion, sins gravely. From D. Antonin. 3. part. tit. 16. c. 1. §. 11. Silvest. V Relig. 6. q. 7. Sanchez l. 7. c. 11. n. 26. Less. l. 2. c. 41. dub. 5. Val. disp. 10. q. 4 point 2. Baff. n. 13. He sins also by receiving more than can be sustained by revenues, or alms, as you have in the Council of Trent sess. 25. cap. 3. and in the Decree on the celebration of Mass under Urban VIII.
But those things which are necessary for the Religious life must be held in common. See the Saintly Doctor in the opuscula cited, with D. Basil. in the Constitutions of Monks c. 9. Chrysost. homily 58. to the people of Antioch.
Whether a Religious sins by accepting alms for others.
Dubitatio III: Dubitatio III
I SAY, that one accepting alms for the poor, whether blood relatives, or strangers, without license, does not sin, Sanch. on Matrimony sess. 6. disp. 4. n. 7. and lib. 7. moral. c. 50. num. 4. Layman l. 4. tr. 5. c. 7. num 16. Caramuel num. 887. l. 8. Diana p. p. on Poverty resol. 8. and 29. Fagund. praec. 1. l. 8. c. 6. n. 18. Suarez tract. 3. on Religion l. 8. c. 11. num. 45. Baffaeus num. 14., provided he does not assume to himself the donation, or any right. He will indeed conduct himself as an intercessor, in no way injuring his Poverty.
Such a man can receive, in deposit, broadly taken, without an obligation of safekeeping, certain things; and if he dies, he is not to be straightway deprived of burial. See Portel. V sepult. num. 11. Hieron. Rodriguez in the comp. resolut. 138. num. 20.
Baffaeus EXCEPTS the Minorite, unless the circumstances occurred to the contrary.
But if he has received in himself a right of money, even to be transferred to others, he sins. Thus Turrianus 2. 2. disp. nr. 84. dub. 3. Layman lib. 4. tract. 5. cap. 7. num. 16. Faust. in the treasury l. 8. question 117.
Dubitatio IV: Whether a Legacy stands for a Religious, as pertaining to him precisely
Whether a Legacy stands for a Religious, so that it pertain precisely to him.
I SAY the intention of the Testator is to be expounded and received benignly, so that it be understood that the legacy is dispensed in a lawful manner, leg. Plenum, §. equis, ff. on use, and habitation. And dispositions must be interpreted rather that they may stand than that they may perish, as the Doctors warn on Leg. In contrahenda ff. on the rules of law. And the perplexity of words is to be interpreted from the presumed will of the one disposing, Leg. qui quadringenta ff. on the lex Falcidia. See Diana part 3. tract. 2. resol. 34. Baffaeus num. 19.
He can THEREFORE acquire a Legacy for the sole uses conceded to a Religious, by license. If, however, the testator expresses that he wills the Legacy only under the condition that it be under the dominion of the Religious, it falls; because then the will obtains the first place. See Baffaeus.
Quaestio VII: On the penalties, and marks, of a Proprietor
On the Penalties, and signs of an Owner.
FIRST, the owner in death is deprived of sacred burial, cap. Monachi on the state of Monks; he is therefore to be buried in the dunghill with his money. But if he already lies in a sacred place, he is to be dug out. Secondly, by cap. cum ad Monasterium, on the state of Monks, it is decreed that the Owner be expelled: but this is not in use; rather he is delivered over to prison for Penance. Thirdly, from the Council of Trent sess. 25., let him be deprived for two years both of active and passive voice. See Sanch. l. 7. c. 20. Faust. l. 8. q. 158.
But the FIRST, and principal sign of ownership is noted at cap. Monachi, if a Religious is found to possess a peculium in his own name, where it is indicated as a penalty that, until he comes to his senses, he be removed from communion of the Altar, as guilty indeed both of sacrilege against the vow, and of theft, in retaining what belongs to another.
The SECOND sign, is the concealment of a thing; for even if from the beginning the thing be taken with the presumed permission of the superior, if nevertheless afterwards it is concealed with the mind of retaining it, and not yielding it to the prelate seeking it, the vice of ownership is incurred. And this indeed is true even if the thing has been taken with express license for the particular use of some Religious; for such permission is presumed granted with this tacit condition, that it be always under the dominion of the prelate; if the Religion be such as to be able to possess in common.
HENCE some draw from this a great indication of ownership, that someone keeps a thing sealed with a key without the license of the superior, even if he has obtained the thing itself with this license; which manner here argues a tenacity of mind and affection toward a thing not his own; moreover, as the sign of proprietary possession in civil law a key is wont to be given, leg. clavibus ff. on contracting purchases; for these reasons Alvarus Pelag. lib. 1. on the lament of the Church, cap. 67. Corduba in the exposition of the Rule, cap. 6. question 9. and Serena Conscientia question 81. are judged to have given rise and origin to this opinion. And truly of old it was utterly abhorrent to the Fathers to seal up a thing with a key, as Cassianus has lib. 4. c. 15. of the institutes.
TRULY it is certain, that in itself the key is not a sign of ownership, but of custody, as Suarez well notes lib. 8. on poverty, cap. 12.; whence it indicates ownership only insofar as it withdraws and conceals some thing from common use without the license of the superior, presumed or express, so that the superior cannot dispose of it, as various Authors argue at Suarez in the place cited, who warns that the custom of the Religion must be stood by in this matter, as also the permissions of superiors, who can either inhibit or concede it;
But whether it argues ownership to obtain a thing with an unreasonable, or unjust license of the superior; Suarez denies, with the others whom he cites; because although such permission be badly granted, since nevertheless it is not a dispensation from poverty, but a concession concerning remote matter of poverty, the subject can licitly use it, and with the stronger right, that he always has a mind prepared to remit such a thing at the nod, and pleasure, of the superior.