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

§ 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

Whether, and in what way, it is a Sin to swear without Truth.

I ASSERT first, that an assertory oath in any matter whatsoever, even a very small one, is a mortal sin if it be false, and it can only be excused from mortal sin by a defect of full deliberation. So D. Bonav. question 3, in the body, and to the third objection, whom Cajetan follows, summa, V. Periur. cap. 1. Sotus lib. 8. de Iust. quaest. 2. art. 3. Toletus lib. 4. summa, cap. 21. Couar. cap. variarum, cap. 1. n. 2. and de pactis 1. p. §. 1. Suarez Tom. 2. de relig. lib. 3. de Iur. cap. 4. Sayrus lib. 5. cap. 4. num. 15. and 16. Azor Tom. 1. lib. 11. cap. 4. quaest. 1. Valentia 2. 2. disp. 6. quaest. 7. puncto 3. Sanchez in summa, lib. 3. cap. 4. num. 6. who says all the others follow him. Nor does any holy end excuse it, nor fear, as Suarez, Sayrus, Sotus, Toletus teach loco cit. Navar. summa, cap. 12. Sanchez loco cit. after D. Thom. art. 3. ad 1. D. Bonavent. quaest. 2. ad ultimum, which he proves, both from the canon in Decr. lib. 2. tit. 24. cap. 15. de Iureiur. Quod si quis periurat pro vita corporis servanda, quia magis dilexit corpus, quam animam, ieiunet tres quadragesimas; and because perjuring is intrinsically evil, so that it can never be rendered honorable. So Sanchez argues, num. 7. with others.

The FIRST part of the assertion is proved by D. Bonavent. quaest. 5. from D. Augustine serm. 28. and 30. de verbis Apostoli.

SECOND, it is proved by D. Bonav. argument 3, which Valencia, Sanchez, and the rest use: because to bring God as a witness to a falsehood is a great contempt of the Divine truth. For thus God is made either ignorant or wicked, as Bassaeus also urges, V. Iuram. 2. num. 3.

HENCE it follows, first, that the Jurists were not right — whom Angelus reports, V. Periurium, teaching that their opinion is probable — in saying that a false oath told in jest is venial. Rather it is a greater sin, because it is a greater contempt, as D. Bonavent. teaches, ad 3. D. Thom. quaest. 98. art. 3. ad secundum, whom the others follow, as adduced by Sanchez num. 7.

Yet S. Bonaventure and S. Thomas ADD that it can be excused from mortal sin if the oath is sworn in jest, which removes deliberation; for then the jest is not a grave contempt of the Divine truth.

It follows SECOND, that he equally sins mortally if he swears to a matter doubtful and uncertain to himself, because he exposes himself to the danger of speaking falsely and of perjuring himself; indeed he perjures himself by bringing God as a certain witness to an uncertain matter, as Sanchez argues, num. 8. from D. Bonavent. quaest. 1. ad 1. Then, because, as S. Bonaventure says, quaest. 2. ad 1. the Divine truth is rashly brought forward and contemned, while it is called as a certain witness to an uncertain thing.

S. Bonaventure ADDS another reason, loco citato, quaest. 1. ad 3. because that which is sworn is sworn from a culpably erroneous conscience, which in matters of morals does not excuse a wicked deed. See Bassaeus 3. num. 3.

For the truth of an assertory oath it is NOT necessary that the matter be so in fact, but it is sufficient, and necessary, that the matter, prudently considered, be so firmly judged. So S. Bonav. in the cited question, whom Azorius follows, Tom. 1. lib. 11. cap. 2. quaest. 5. Valentia disp. 6. q. 7. punct. 3. col. 5. Suarez in the same lib. 3. cap. 5. num. 3. Lessius lib. 2. de Iust. cap. 42. dub. 4. num. 17. Sanchez loco cit. num. 10. Hence he infers, with Valencia col. 11. and D. Bonavent. q. cit. ad argumenta, that one who lightly judges that what he swears is true is not excused from perjury, since he does not sufficiently provide that he swears truly, and it follows as true only by accident. Therefore, even if it be true, he is not excused from mortal sin if the negligence in investigating the truth was grave; but if it was light, the fault will be light also, because such as is the cause, such is the effect, as S. Bonaventure hinted, quaest. 3. ad argumenta, and many affirm with Sanchez num. 14. and with Bassaeus loco cit.

But the OTHER part of the assertion, namely that assertory perjury is excused from mortal sin by indeliberation. It is proved by D. Bonav. quaest. 3. in the body, because the slipperiness of the tongue is great, which often can, through a slip, not follow the command of the will, and render the act non-human, or imperfectly such; Sanchez uses this reasoning at num. 15. So also think D. Thom. art. 3. citato, ad 2. Cajetan there, Sylvester V. Iurament. 2. quaest. 6. Navar. summa, cap. 12. Valencia, Suarez, and others cited above.

I ASSERT second, that a promissory oath, by defect of the concordance of the will to fulfill with the promise uttered — which is called truth of the present — is wicked. So D. Bonav. quaest. 3. body, and to the third, whom Sylvester follows, V. Iuram. quaest. 1. Armilla there, Cajetan 2. 2. quaest. 89. art. 7. ad 1. and q. 98. art. 2. and 3. and in summa, under the word Periurium, c. 2. and 3. Sotus 8. de Iust. q. 1. art. 7. and quaest. 2. art. 1. and 3. Navar. in summa, cap. 12. Valencia loco cit. puncto 3. concl. 2. Azor Tom. 1. lib. 11. c. 4. q. 1. Suarez lib. 3. citato, c. 15. Clavis Regia lib. 5. cap. 4. n. 27. Lessius lib. 2. de Iust. c. 42. dub. 4. num. 18. Sanchez loco citato, num. 16. Bassaeus n. 1.

It is PROVED by D. Bonav. argument 3, quaest. 3. and quaest. prima ad 1. because thus the Summa Truth is brought forward as a witness to a known falsehood, and so the gravest injury is inflicted upon God by swearing a lie.

HENCE it follows that one also sins mortally who swears to give a thing which he is in doubt whether he can fulfill: likewise to promise with a doubting mind of fulfilling, or to promise a thing which he believes he cannot fulfill. It is proved by D. Bonavent. quaest. 1. ad 1. because he certainly swears to an uncertain thing, and therefore lies, as I said above concerning the assertory oath, with Sanchez.

The GREATER difficulty is when the truth of the future is lacking, namely, in not giving the promised thing, which one swore with the intention of giving. And indeed, when the matter is grave, all maintain it to be mortal. The question is when it is light, which I shall treat in disp. de Periurio, q. 3.

The FIRST opinion is that it is always mortal. So Valencia disp. 6. q. 7. puncto 3. concl. 3. Gabriel in 3. dist. 39. q. 2. art. 2. concl. 4. Cajetan sum. v. Periurium, cap. 2. Lessius lib. 2. de Iust. cap. 42. dub. 5. num. 25.. Bassaeus 4. num. 3. Lessius lib. 2. cap. 24. Reg. lib. 18. num. 9.

The SECOND opinion distinguishes: if the matter is wholly trifling, it is mortal; but if partial, it is only venial. So Cajetan 1. 2. q. 87. art. 7. dub. 1. Navar. summa, c. 12. n. 10. and c. 18. n. 4. Covarr. lib. 1. variarum lect. c. 1. Philiarc. Tom. 1. p. 2. lib. 3. c. 3. Corduba summa, q. 188. as it seems, Tabiena V. iurare, q. 10. n. 11. Armilla V. Iuram. n. 12. Pedraza praecepto 2. §. 5. But Sayrus lib. 5. cap. 4. expressly, with Sylvius q. 89. art. 3. See Diana part. 4. tract. 4. resol. 70. and part. 5. tract. 5. resol. 4.

The THIRD opinion is that it is only a venial fault, even if that matter be wholly trifling. So Sanchez lib. 3. summae, cap. 4. num. 23. D. Antoninus 1. part. tit. 10. cap. 4. Angelus V. Iuramentum, 5. num. 41. Sylvester V. iuramentum, 4. quaest. 1. Sotus lib. 8. de Iust. quaest. 1. art. 7. dub. 1. Navar. in summa, cap. 12. and cap. 18. Aragon. 2. 2. quaest. 89. art. 3. fol. 1061. Azor Tom. 1. lib. 5. cap. 27. quaestio 2. and lib. 11. c. 5. quaestio 3. Enriquez lib. 5. de poenitentia, cap. 20. num. 4. Manuel 1. Tomo summae, c. 192. Peter Ledesma 2. Tom. tract. 11. c. 3. dub. 1. Tolet. lib. 4. cap. 21. Diana part. 2. tract. 15. resol. 25. dragging many along with him, saying the opposite opinion is the more severe one. Sà V. Iuram. num. 7. Suarez de Iurament. lib. 3. cap. 16. from num. 9. and they say it is probable — Alcozet summa, cap. 15. fol. 52. Corduba summa, q. 188. at the end. Tanner. indeed, disp. 5. quaest. 5. dub. 1. says, if the thing is very small, some tiny part of what was promised, the oath is judged to be kept; but if it is the whole thing, it is mortal, because God is called as a witness to a falsehood. Finally he says, as probable, that it is only venial. Bassaeus loco cit. says all are probable.

D. BONAVENTURE seems to me to be with the first opinion. First, because at art. 1. quaest. 3. he places therein the reason for mortality in perjury, because the Divine truth is rashly or falsely brought forward as a witness, and he excuses only by indeliberation. Then, serm. 3. in Decalogum, he places the end of the promissory oath in truth, though ordered to peace, etc. And in speculo animae he asserts universally that there is an obligation of fulfilling in the promissory oath; otherwise he would call the transgressor a transgressor of the precept absolutely, but he would not say that if he sinned only venially, because he holds that a venial sin is not against a precept.

Moreover, in prima parte Centil. sect. 12. after making the division of the oath into Assertory and Promissory, he defines Perjury to be a lie confirmed by oath. Or: Periurium est falsa, vel perversa iuratio. And he calls it perverse from a defect of justice; false from a defect of truth. Therefore he will be a perjurer who does not exhibit what he swore to promise.

I ASSERT that a promissory oath, with the exhibition of anything sworn of light matter failing, is mortal.

It is PROVED first by the argument of D. Bonavent. quaest. 3. That which is the cause that God is brought forward as a witness to falsehood inflicts a grave injury upon God: But the failure of the rendering of the thing, even a very small one sworn, is the cause that God has been brought forward as a witness to falsehood: Therefore. The major is proved from D. Bonavent. locis adductis, because this gravely obstructs the end of the oath, which is to bring faith to the divine testimony; and what gravely repugns the end of the oath is mortal, as Cajetan disputes, 2. 2. quaest. 88. art. 2. and 3.

It is CONFIRMED. For to be the cause that God has testified a falsehood is just the same as to make God be judged to testify falsely: But to be the cause that God testifies a falsehood is certainly a grave injury: Therefore. Hence D. Bonavent. wisely condemns both in the same way, without distinction, from this one chapter, because the Divine truth is contemned. The minor is proved, because since man has brought the Lord into testimony to confirm himself in promises he is about to make, already, as much as lies in him, he renders the testimony of God false, not to say empty.

It is CONFIRMED by Valencia from D. Bonav. because Perjury is against the religion of the oath, whose essence is to take God as a witness to truth: Therefore, the truth being violated, the oath is gravely injured, even if the matter promised by oath is very small; for it makes no difference to the formal reason of the Divine truth whether it is brought forward as a false witness of this or that thing, great or small. Otherwise, if the matter is to be considered, the same will hold in the assertory oath.

It is CONFIRMED second; for only then does the gravity or levity of the matter pertain to the gravity of the sin, when it is the immediate object of its transgression, as is evident in theft, and indeed also in a vow, in which, because its reason stands in the exhibition of that matter made to God, therefore the gravity or levity of the transgression is taken from it, which stands in denying to God that that thing has been transferred to His service; but in an Oath that matter promised to a man is not the matter of an act of religion when the oath is fulfilled: Therefore neither is it the object of transgression. The consequence is proved, because virtue and sin, its contrary contrary to truth, are concerned with the same object. The antecedent is proved by Valencia from D. Thom.

BUT I prove this from D. Bonav. in 4. dist. 38. quaest. 1. at the end, for the promissory oath has as the object of its promise the thing promised to a man, whence that thing promised does not pertain to religion: But a vow regards as its object a thing as sacred to God, and therefore the act is specified by it, or is afterward recognized as specified. Likewise the end of the oath is to establish and confirm the truth by Divine testimony: but the end of a vow is to increase goodness by the exhibition of a new good work. Finally even the means is different, because one swears by God; but one vows by promise. Whence if anyone, while fulfilling what was sworn and promised, should wish to abstract from the circumstance of the divine glory, which redounds from the observance of the oath, and should wish only to execute the work promised, as such a work is, without doubt he would satisfy the oath; provided indeed he made true what he swore: Therefore the thing promised, or the promised act, does not pertain to the virtue of religion: Therefore neither will the opposite deformity be against religion, inasmuch as it is a negation of the exhibition of the thing, but only inasmuch as God has been brought forward as a false witness.

SANCHEZ n. 23. tries to enervate these arguments. He supposes, however, that failing a promise is not properly a lie, but infidelity; because he who promises something, if he has the mind of doing what he promises, does not lie, since he does not speak against what he holds in his mind. Then, because to lie is intrinsically evil, in such a way that it is never lawful: but not to fulfill a promise is sometimes lawful.

Moreover, although he renders the promise false, nevertheless he does not lie, and so neither does he bring God in as a witness to a falsehood, but he is unfaithful under Divine authority. Therefore, although the defect of primary truth, when he promises but his mind does not accord, is a lie; yet the defect of fulfillment is not a lie; and thus although in the former no smallness of matter can be allowed, yet it can be allowed in the latter.

It is CONFIRMED, because while a man is brought in as a witness to a promise, he intervenes only as a witness of a present contract: but with respect to execution he is not brought in as a witness, but in order to lend authority by way of suretyship: Therefore the same must be said of God. Finally, because in any matter gravely evil that is sworn, the first truth of the oath fails, it is always mortal, as if you swear to a homicide without the intention; but to fail a promise of a thing, even venially evil, is no fault: Therefore this truth is not to be considered independently of the matter promised, as happens in the former truth, but just as when the matter is evil there is no sin, so it will be only venial when the matter is licit but light.

YET these reasons are frivolous; for I do not say that he lied in the first truth, if he had the mind of promising; but I say that he lies, while the sworn promise still stands virtually, and he inwardly intends not to fulfill it, and for this concordance he brought God in as a witness; for he did not bring God in as a witness that he then said in his mind what he spoke, but that he would accord in deed, or by the exhibition of the thing, with what was promised; and therefore he brought God in as a witness that he would preserve that conformity of mind and promise up to the exhibition of the thing; and therefore he is a liar as often as in his mind he discordes from the promise; and therefore that malice, which will never be licit, always endures. Nor indeed ought the excision from lying be made, as Sanchez wrongly takes it, alleging a difference, because lying is never lawful; but failing a promise is often lawful: for he ought to take that defect of execution as grounded in the lie of perjury, and thus it will never be lawful, just as lying itself is not lawful.

But what he says of the man who assists as a witness to a contract, and surety of execution, is not to the point, for God, as supreme Lord and searcher of hearts, is brought in as a witness to that truth which in the accord of mind with voice is to endure up to the exhibition, etc.; therefore another contracts this security, and God does not intervene as one from whom the creditor could satisfy himself in the case where the debtor fails, but only that He may be a witness; for it is truly a promissory oath, as all confess. Moreover it is defined by all as Vocatio Dei in testem, as Sanchez confesses lib. 3. cap. 1.

BUT, even should God assist as surety by His authority, still the injury is grave, because whatever authority in the least truth, even materially opposed to fidelity, is taken from God, the reason of Deity is taken away, and He is rendered false.

But what he says of matter gravely evil, which if deceitfully promised makes perjury; but that if evil light matter in the enunciation is not fulfilled, there is no sin — is not to the point; he ought to have compared both under the same reason; and then I say: just as it is no sin not to fulfill an act venially evil that was sworn, so much less to fulfill an act gravely evil.

Nor ought he to pass from an evil act to a good act; therefore it is no sin to fail a promise of a thing venially evil, because this is not legitimate matter of an oath, and therefore it did not obligate at the outset; indeed an injury was inflicted upon God by that oath, because justice is lacking, as I shall say quaest. 6. But a good thing, which we now have at hand, is legitimate matter of an oath; and therefore just as from the truth in the promise it is owed, so also in the exhibition, while that obligation of the accord of intention with the promise endures up to the exhibition of the thing. Therefore, even if he repents having invoked God as a witness, he is still guilty, because the invocation already past perseveres, which cannot not have been.

Moreover, our reasons are not on that account shaken, because he was bound to prove that that exhibition of the matter, not only as it constitutes the act, but as it regards that matter, is the object of religion, so that from thence he might prove that the levity or gravity of the matter increases or diminishes the fault of the violated promise. Note, however, that some very small things are sworn which excuse, as when a Father swears to punish his son; for these things are sworn for terror, or from an inordinate affection of vengeance. See Valencia.

From these things, therefore, it is also deduced that he who swears to do many very small things daily for men sins mortally every day by violating the promise; but not so he who vows very small things daily, because the vow regards that matter as the object of religion. Therefore that very small matter will make a small defect against religion.

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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