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

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

De MENDACIO.

THE INTERCOURSE of human society requires that the lips accord with the heart, nor that one thing be uttered by the mouth and another conceived in the mind; whence, since by the Author of nature the voice was instituted as the vehicle of the interior concept, if it displays something alien outwardly, it will suffer a grave injury to the right of nature, being both frustrated of its end, and defrauding the trusting expectation of the other hearer; whence this sin cannot be made honest by any circumstance; yet in lying one can propose to himself diverse ends, and by these the greater or lesser malice of the lie will be specified, and although it never passes out of the species of sin, yet within that species it can sometimes be venial, sometimes mortal. But these things will be made clearer from the definitions of the lie soon to be given; wherefore, that the truth may shine forth more clearly from the very lie, I shall weigh this matter concisely and elegantly through dubitations.

Dubitatio I: What a Lie is

What a Lie is.

A Lie is opposed to Truth, simulation, Hypocrisy, Boasting, and Irony, as St. Bonaventure teaches. 3rd part. Centil. section 44. and in the Declaration of Theological Terms, and book 5. Compend. Theol. cap. 37. D. Thomas, question 110, art. 2. and question 112. For either a falsehood is signified by words or by deeds according to the mind of the one conceiving it. If by deeds, it is simulation, or in a certain matter hypocrisy. If by words, it is a lie strictly taken. Which again, if it concerns the exceeding morals of the speaker, is called boasting: if by defect, it is called Irony.

These vices seem however to coalesce into one, because they are all opposed to truth, and one thing is essentially opposed to one; but they differ in modes. Hence St. Augustine, book against lying, cap. 3. He lies, who has one thing in his mind, and declares another by words, or by any significations whatsoever. The same is indicated by St. Thomas, question 111, art. 1.

A lie is defined by St. Augustine, book against lying, cap. 12: A lie is a false signification of the voice with the intention of deceiving. But to lie is explained by the same St. Augustine in the Enchiridion, cap. 18, thus: He lies, who speaks against what he perceives in his mind, with the will to deceive.

Where it is to be known from St. Bonaventure that a twofold falsity is found in a lie; the material, which is the false saying, and the formal, which is the intention of deceiving. Tanner adds, disp. 6, question 2, num. 8, together with Bassaeus, V. Mend., an effective falsity on account of the will to deceive. But considered in its effect, once obtained, it belongs to the lie per accidens, for a lie can exist without anyone being deceived, as he himself admits; but he says that even the material of the lie, namely the false assertion, belongs per accidens to the lie. The same seems to be the mind of St. Thomas, question 110, art. 1, in the body, and ad 1, with the Thomists.

On the contrary, St. Bonaventure, in 3. d. 38, dub. 3, of the text, and question 1, with the Master, holds that falsity is also required for a lie, although one may lie even if he says the truth, intending nevertheless to deceive.

It is proved first from the Holy Doctor in both places from the definition of a lie, given by St. Augustine, in which he requires for a lie a false signification and the intention of deceiving: But to lie, according to him, requires only the intention of deceiving, as I have reported; for one is said to lie, as it were, to go against the mind.

It is proved second from St. Bonaventure out of the same St. Augustine, cap. 3 against lying, where he opposes the lie to truth as darkness to light; but darkness is formally the privation of light: Therefore also a lie is the privation of truth.

It is proved third from St. Bonaventure: As true being and a lie are related in a man; so in speech are truth and a lie related; but these two are incompossible in the same man at once and together, namely that he be truthful and a liar: Therefore they will likewise be incompossible in speech: Therefore it is impossible that the same speech be at once true and false. If therefore a lie cannot compare itself with truth, it seems that it carries with it an inseparable falsity.

It is proved fourth from the Holy Doctor: Every true thing is from the first truth, But no lie is from the first truth: Therefore no lie is true: Therefore it is false.

They object first from St. Augustine in the Enchiridion, cap. 18, where he says: He lies, who speaks against what he perceives in his mind, with the will to deceive: Therefore a lie stands in the will to deceive alone.

The Holy Doctor answers that more is required for a lie than for lying, as I said; for a lie is referred both to the deceiving will and to the false thing; but lying regards only the deceit which the will undertakes, even if he were saying what is true, which he thinks is false.

They object second. As speech disagrees with the intention when one denies what he knows, so also it disagrees when he affirms what he does not know, and about which he doubts; and then it is a sin; but only of a lie: Therefore a lie can fall upon an unknown truth.

The Holy Doctor answers that in the assertion of a doubtful or unknown truth there is a lie secundum quid, and it is more properly called lying.

They object third. A right intention makes right, and an oblique one makes oblique: Therefore in him who speaks the truth with an intention of deceiving, the whole utterance is made oblique; but this happens only in a lie: Therefore.

The Holy Doctor answers that the oblique intention falsifies the saying, not according to every account, but only according to the account which it has in respect of the speaker; but that respect alone does not suffice for the account of a lie.

They object fourth. As sin is related to goodness; so a lie to truth: but he who does a good work with an evil intention commits a sin: Therefore he who says something true, with a perverse will to deceive, incurs a lie. It is confirmed; for it implies that some saying is both true and false.

The Holy Doctor answers first, that a good thing done with an evil intention is not evil simply, but only to him who acts with an evil intention; as he who gives alms with an evil intention does not fall into sin in the alms given, but only in himself who gives by reason of the intention; so also in the present case.

It is answered second, by denying the parity, because sin denotes a privation of goodness; but goodness denotes an ordination to the end, which indeed has its being through a right intention, and therefore the right intention removed, the account of goodness perishes, and it is a sin; but a lie denotes a privation of truth, which consists not only in the comparison to the intention, but also to the very thing itself, and therefore, if the thing is true, it is not a lie, except secundum quid.

Dubitatio II: Of how many kinds is a Lie

Of how many kinds a Lie is.

It is to be noted first, that a lie is commonly divided into the Officious, the Jocose, and the Pernicious. So the Holy Doctors after St. Augustine, ad 5. Psal. in the Gloss. For since a lie has as its formal element the deceiving, according to the intention of the liar himself it is divided into species: But he who lies either intends to benefit; and it is an officious lie; or to delight, and behold, the jocose: or to harm, and behold the Pernicious. But he can harm spiritually, or temporally. And then either he harms one so as to benefit another, and according to this there are three differences of the pernicious lie. The first consists in a lie of the doctrine of Religion handed on, and this works to the harm of a spiritual good, namely, faith. The second consists in this, that the lie harm simply. The third, that it harm one; and benefit another.

¶ But if he lies in order to delight, it is thus jocose, and this can be in two ways, either that he delight another, and thus it is simply jocose. Or that he delight himself by lying, and thus it is libidinous, which properly contains the lust of lying, and the malice, which is placed in the readiness for lying, according to Aristotle, 4. Eth. cap. 7. where he says, that a lie, because such it is by habit, rejoices in the lie itself.

But if he lies that he may benefit simply, not that he may harm; or that he may benefit with regard to the goods of fortune, as money, etc. Or to avoid death: Or to avoid impurity, or to preserve chastity, or holiness safe and sound, the lie is officious.

¶ Hence you have that division of a lie into eight members, by reason of the intention, and mode, which St. Augustine brings forward, l. de mendacio, cap. 14. and with him our Holy Doctors. The first, which is done in the doctrine of Religion, as to say that Christ is not born of the Blessed Virgin. The second, which benefits no one, and harms someone, as a lie of detraction. The third, which harms one, that it may benefit another, as a false witness in a pecuniary cause. The fourth, which is done out of the mere lust of lying: The fifth, which is done with the will of delighting by pleasant speech, as flattery. The sixth, whereby one lies for the sake of preserving money. The seventh for the sake of life. The eighth for the sake of preserving chastity. See St. Bonaventure, p. p. Centil. sect. 12.

AGAINST this three-membered division the Holy Doctor objects certain arguments to himself, and solves them.

¶ First. That which is per accidens ought not to denominate; but it is per accidens for a lie to benefit: Therefore the species of the officious lie ought not to be assigned.

He answers, that an act takes its species from the intention, and because the officious is ordered by the intention that it benefit; therefore it can take its species from that.

He objects second. The same lie can benefit and at the same time harm: Therefore by this many differences of a lie are not rightly divided; for opposite differences never belong to the same thing.

He answers, that a lie takes its species from the intention, which either tends that it benefit, or that it harm, and thus the same lie never contains both formally, even though materially, as the falsity is.

¶ He objects third against the second difference. We also jest in other sins, and yet no species of sin is drawn from that: Therefore neither in a lie.

The Holy Doctor answers first, that denomination is not taken from things that happen rarely; but rarely do we jest in accomplishing other things, as in a lie. He answers second, that if other works take their species from the intention, speech above all is denominated from it, and because a lie is in speech, hence it is that a jocose lie is more denominated.

¶ He objects fourth: A lie is a false signification of the voice with the intention of deceiving, according to St. Augustine, cap. 12 against lying, but he who jests does not intend to deceive: Therefore there is no jocose lie.

The Holy Doctor answers, that to deceive is the same as to say what is false, but not the same as to deceive [someone]; whence the sense of the definition is, with the intention of saying what is false, and this belongs to the jocose lie, though less completely, than to the pernicious.

He objects fifth, against the third difference: To be pernicious is common to every sin.

The Holy Doctor answers, that the pernicious is assigned as a difference opposed to the officious, which is proper to a lie; but other genera of sins are not divided thus into officious, etc.

He objects sixth: If the pernicious lie is distinguished from the others; this is either by reason of the matter, or by reason of the will. Not the first, because in any matter whatsoever a man can lie gravely and perniciously, if he lies out of malice. Nor by reason of the will, because in any genus of lie whatsoever the will can be moved inordinately, and bring perdition into the liar.

The Holy Doctor answers, that it is distinguished principally by reason of the will, and by reason of the intention does this differentiate this species from the others per se. It can be said also by reason of the matter with regard to that species of lie in the matter of the doctrine of Religion.

Dubitatio III: Whether every lie is intrinsically a sin

Whether every lie is intrinsically a sin.

MANY of the ancients asserted that it is lawful to lie in grave necessity for the sake of a great good. St. Augustine reports them, book against lying, and refutes them.

Into this opinion the following seem to have inclined: St. Jerome, on the Epistle to the Galatians, and Epistle 89, which is the eleventh among the Epistles of St. Augustine. Chrysostom, homily 53 on Genesis. Cassian, conference 17, cap. 17 and 20. Dorotheus, sermon 9 on lying.

The MOST TRUE opinion nevertheless is, that every lie, whether by deed or by word, is so evil that it is never lawful; and that it is never dispensable, not even by God himself. So the Holy Doctors, whom all Theologians and Canon Jurists have followed.

I ASSERT with this opinion that it is never lawful by any right whatsoever to lie.

IT IS PROVED first from the Holy Doctor against the arguments, from the consensus of the Scriptures, where every lie is excluded, Lev. 19: You shall not lie, nor shall anyone deceive his neighbor. Sap. 1: The mouth that lieth, killeth the soul. See the Holy Doctor there in his commentary. Eccl. 7: Be not willing to lie, Ephes. 4: Putting away lying, Coloss. 3: Lie not. Where, since a lie is prohibited by a negative precept, it binds always, and it is forbidden.

THE SAME opinion seems defined by Innocent III, cap. super eo, de usuris, where it is said, By the precept of the divine word it is forbidden that anyone lie, even to save the life of another, as Vasquez also notes, prim. 2. d. 182. cap. 4. n. 30. Tanner, d. 6, question 2, d. 1. Fagundez, in 8. praecept. c. 5. n. 3. where he refers to this also Aristotle, 4. Eth.

IT IS PROVED second from the Holy Doctor, Phar. lib. 3. c. 3. §. De mendacio, and the Holy Fathers.

From Augustine in the Enchiridion, cap. 22. and against lying, cap. 1, 2. and de vera Relig. cap. 33. and lib. 1. de Doctrina Christiana, cap. 36.

HE ALSO ADDUCES St. Gregory, l. 11. moral. cap. 13. and lib. 26. cap. 3. Isidore, in the Synonyms, lib. 11. and de bono, lib. 3. cap. 59. The same is the mind of St. Basil, reg. 76. from the briefer ones.

IT IS PROVED also by illustrious reasons taken from St. Bonaventure out of the Holy Fathers.

THE FIRST reason is. That which is intrinsically evil cannot be rectified; such is a lie: Therefore. The minor is proved. That which in its formal element includes malice is altogether intrinsically evil; but a lie is such according to St. Augustine above; for it has its falsity in the perverse intention of deceiving, or of not speaking the truth, but the false; without which it would not be a lie: Therefore, this evil will standing, which gives form to the lie, there can be no dispensation.

THE SECOND reason is taken from St. Augustine, in the places lately first cited, especially in the Enchiridion. That which destroys nature is intrinsically perverse; such is a lie: Therefore. The major is certain, because the first and principal law is the law of nature, which is always right in itself, since it is from God, nor can it be perverse, as nature. The minor is proved, because words are signs instituted by nature for human communication and society, and while we abuse the signs instituted to express the mind, we destroy society; for no one would wish to contract with others by whom he knows he is deceived. But this is to destroy the nature of man, which is a sociable animal.

THE THIRD reason is taken from St. Augustine, lately cited from the De Doctrina Christiana. To violate faith is intrinsically evil; but a liar violates the faith, and the tacit pact between himself and the hearer, which is that, because he speaks the truth, he is to be believed.

THE FIRST reason is CONFIRMED, in the body, because the essence of a lie, since it stands formally in the perverse intention, can never be rectified, and thus, although it may not be mortal in its genus, it nevertheless has a malice more inseparable than theft and homicide, which were dispensed in the Israelites for carrying off the treasures of the Egyptians, for killing the Chanaanites, and are dispensed even now in Judges for putting the guilty to death; in those unjustly invaded, for defense, and in the wretched suffering famine at the last extremity. From this you have the solution to the argument which is urged, that if these are dispensed, a lie also can be dispensed, which is a lesser sin.

YOU OBJECT first, Genesis 22. Abraham told his servants that he would return with his son, when nevertheless he intended to kill him on the mountain and sacrifice him to God.

THE HOLY DOCTOR ANSWERS that Abraham, even if he intended to sacrifice his son, nevertheless believed that his son was to be raised by God; for he firmly held that God stands by his promise: In Isaac shall thy seed be called to thee, as we have in Heb. 11.

YOU OBJECT second, Genesis 26. Isaac called Rebecca his sister; whereas she was his wife, not his sister.

THE HOLY DOCTOR ANSWERS that Rebecca was his cousin-sister, and therefore he spoke the truth, although he concealed that she was his wife.

YOU OBJECT third. Joseph said, Genesis 42 and 44, that his brothers were spies, knowing this to be false. Likewise he said that he was skilled in auguries, when nevertheless it was not true.

THE HOLY DOCTOR ANSWERS that he spoke those words not by affirming, but by testing. Whence they are rather to be understood interrogatively than assertively. But when he said that he was skilled in the science of auguring, he takes augury for the prediction of things to come. Then too he said it while expressing the hunger of the people.

YOU OBJECT fourth, Jacob, Genesis 27. feigned himself Esau, and to his blind father asserted that he was Esau his firstborn, and this with the intention of deceiving his father.

THE HOLY DOCTOR ANSWERS, dub. 4. litt. d. 38. that Jacob did not lie; for he feigned himself Esau with respect to the mystery, as St. Ambrose teaches, de Iacob et Esau, and St. Augustine, against lying, cap. 10.

But that he said he was Esau the firstborn, he spoke the truth in the sense intended by God, because such he was with regard to the right of primogeniture from the revelation made by God to his mother. Nor did he wish to deceive, but to express the truth.

YOU OBJECT fifth. In Scripture many things are said, according to the intention of the letter, that are false, as Judges 9: The trees went, to create a king for themselves, and many false things are proposed there by the disputants; but Scripture is to us the rule of morals: Therefore a lie is not intrinsically a sin.

THE HOLY DOCTOR ANSWERS that the things which are expressed transumptively by figures and tropes are to be understood tropically; as is that apologue of the Council of the trees for creating a King, and thus they are true in that sense.

HENCE St. Augustine, against lying, cap. 5 and 10, says that whatever is said or done figuratively is not a lie; otherwise all Metaphors and figures would be banished. But in disputes it is not a lie to propose false things in order to lead out or examine the truth. For in disputes the propositions are more interrogations and dubitations than assertions, unless perhaps in doctrinal disputes, in which the learner must believe, where only true things are proposed or preached, according to Aristotle, primo Elenchorum, c. 2.

YOU OBJECT sixth, the simulations, which are lies; for even actions done to deceive are lies, because they are falsified signs. Thus Joshua, cap. 8. deceived the citizens of Hai. David deceived King Achish, feigning himself mad, 1. Reg. 27. Jehu simulated himself a worshipper of Baal, in order to deceive the worshippers of Baal, 4. Reg. 10. And these did not sin, nay, they are commended. Thus also Christ, at the end of Luke, feigned to go farther.

THE HOLY DOCTOR ANSWERS that the caution of Jehu in deceiving is praised; but not the lie itself uttered by him, as I said in the Tract. de fide, disp. 1. quaest. 16.

But DAVID acted cautiously and rightly, in order to escape death; for he did not say he was mad, for actions are not principally instituted to signify the internal concept, as words are instituted. Thus also Joshua prudently feigned flight, that he might reduce the citizens of Hai to straits and take them out of the midst, for he was fighting at God's command: But Christ feigned to go farther for the sake of doctrine, that he might teach hospitality. These simulations indeed are not evil; but the simulation of hypocrisy and duplicity, which by a sign show themselves to be good, are lies.

YOU OBJECT seventh. Theft and homicide are a greater sin than a lie: But in these a dispensation is granted, as is clear in the Judges, who put the guilty to death, and in the Hebrew people, dispensed in order to kill the Chanaanites and to carry off the treasures of the Egyptians: Therefore.

THE HOLY DOCTOR ANSWERS that these graver things were done with an evil will and an evil end; but because they can be separated from the evil end, therefore they can be well done: not so, however, in a lie, because it intrinsically denotes an evil deceiving will.

YOU OBJECT eighth. A dispensation can be granted in the precepts of the second table, as St. Bernard says, de praecepto, et dispensatione: But a lie is against the second table: Therefore.

THE HOLY DOCTOR ANSWERS that a dispensation cannot be granted in the disordination of the will, which is intrinsic to a lie, even though it could be granted in the acts, the disordination of the will removed, and the matter changed.

YOU OBJECT ninth. It can be that someone lie in order to preserve the chastity of another, as that soldier who, that he might deliver that holy Virgin from violation, exchanged clothes with her and taught her to flee from prison. Therefore it can be done out of Charity, which does not act perversely.

The Holy Doctor answers that Charity does not move to that which is evil, as it is the will of deceiving by words; whence Bernard says of dispensation, For a laudable work truth is required in the election, and Charity in the intention, and because truth is not preserved in the utterance of a lie, hence a lie cannot be said to be done out of Charity. For as out of Charity evil cannot be knowingly chosen so that it remain evil; so neither can the false be chosen. For as the operative power serves the affective; so the interpretative power serves the intellective, and as the end of the affective is the good; so the end of the intellective is the true. Therefore as no work can be done out of Charity unless one intend the good, and that work be ordainable to the good; so also no speech can be uttered out of Charity unless in the utterance of that speech the true be intended. And because a lie is ordered to the false by the intention of the one uttering it, therefore it cannot be done out of Charity.

But that soldier only exchanged clothes as a precaution, nor is it a lie, because clothes are not principally ordained to signify the concept of the mind.

Dubitatio IV: Whether a Lie is mortal of its genus

I assert that a lie, by its genus, is not mortal. So the unanimous consensus of the Theologians.

It is proved first from St. Bonaventure from the Gloss; second from St. Gregory, book 18 of the Morals, chapter 2, where, speaking of the lie of the Egyptian midwives, he says: We easily believe this kind of sin to be relaxed.

Third, because there is no intrinsic lust, or contempt, involved in it.

Fourth, because I knew not sin, but by the law, as the Apostle says; yet no law condemns under mortal sin the jesting lie, by which a falsehood is told in the telling of a fable.

Fifth, because the tongue is far too unsteady, and it seems far too severe to condemn to hell every defect of the tongue, with the removal of which man is perfect, as is said in James 3.

St. Bonaventure adds that it can become mortal by reason of the harm it inflicts on someone through lying, or by reason of contempt, or by reason of a lust ready for every lie, even one pernicious to one's neighbor, etc.

He objects first from Psalm 5: Thou wilt destroy all that speak a lie, where the Gloss says: To destroy is more than to hate. But God hates no one except one sinning mortally: Therefore.

St. Bonaventure answers that the Gloss is speaking of all who tell pernicious lies. Hence the universal particle is referred to persons lying perniciously, not to lies. Therefore the argument is fallacious in consequence, according to the figure of speech.

He objects second from Wisdom 1, where it is said: The mouth that lieth killeth the soul. Treating this passage, St. Augustine, in the book on the conflict of virtues and vices, says: Neither by an officious lie, nor by a simple word, ought anyone to be deceived, because in whatever way one lies, he kills his soul.

St. Bonaventure answers that the discourse there is about a pernicious lie: And if you say that it is expounded by St. Augustine of every lie, chapter 5 of On Lying, the holy Doctor answers that he is speaking of every lie pernicious in matters of religion, as is gathered from what immediately follows.

He objects third the Gloss of Augustine on the same Psalm 5: Thou wilt destroy all that speak a lie, where he says: If anyone does not wish to betray a man to death, let him keep silent about the truth, but let him not utter a falsehood, lest, for the body of another, he kill his own soul. If, therefore, the soul is killed by an officious lie, which is the least of all, much more by the others.

The holy Doctor answers first, that that saying tends only to the perfect, who lose perfection gradually even through venial sins. He answers second, that it speaks of abstaining from lies advisedly, because they dispose to mortal sins, which are the death of the soul.

He objects fourth. That which is a peremptory act against truth is mortal: Such is a lie, which is repugnant to truth as fornication is to chastity.

The holy Doctor answers that not every lie is contrary to the habit of truth, which is rather a will to speak the truth as expedient than the actual utterance of every truth; and although every lie is repugnant to the act of speaking the truth, it is not therefore repugnant to the habit of truth, which shrinks from the pernicious lie; nor is it the same with fornication, which is opposed to a gravely preceptual virtue and mortally defiles it.

He objects fifth. Whoever acts against conscience builds hell for himself; such is a liar: Therefore.

The holy Doctor answers that the major is true of one acting against a conscience dictating that the thing is grave.

He objects sixth. Where there is full consensus, there the thing is lethal; such is the case in lying: Therefore.

The holy Doctor answers that the major is true where the object is gravely depraved, or in acts simply forbidden, as in the sin of the flesh. From these words I gather that the holy Doctor does not admit parvity of matter in the sin of the flesh, which today is the common opinion, as at Diana, part 5, tract. 5, resol. 5, where it is related that Clement VIII defined it, and Claudius Aquaviva ordered his Society to teach the same. Diana relates the authors at part 3, tract. 5, resol. 1, where he concludes that the opposite opinion is dangerous. He defines the same especially about kisses, part 4, tract. 4, miscell. resol. 136, and tract. 5, resol. 4, where he concludes that a soliciting confessor, even in a light touch, is to be denounced. So Alexander VII defines concerning kisses. But the general rule for knowing when parvity of matter is granted is taken from St. Bonaventure here against the arguments, which Baldellus uses, Tom. 1, lib. 3, disp. 14, num. 13, Diana, part 5, tract. 5, resol. 1. For acts are specified by their objects according to book 2 of the Soul, text. 33; if, therefore, from the very reason of the object in the first order per se there arises a notable opposition to virtue, and the gravity of malice, there cannot be in that object parvity of matter and lightness of fault. But if the notable opposition and gravity of fault arise from the reason of the object in the second order per se, and not from the reason per se first, it will be granted entirely. So, because theft is forbidden by reason of the thing, as another's; therefore unless the damage to another is grave, the fault will not be grave; on the contrary, because infidelity is forbidden as denying the Divine truth, therefore every infidelity is grave. See also Sanchez, sum., tract. 1, lib. 1, cap. 4; Suarez, de leg., lib. 2, cap. 18, num. 68. But Castropalao holds that from the common consensus of the Church the gravity of things is to be determined. And this consensus is indeed founded on the natures of things: for some things are so ordered that they are reckoned most grave, such as any idolatry, Simony, Infidelity, Despair, any perjury, hatred of God and any contempt of him, any mockery of the Sacraments, any pollution, fornication, etc.; these constitute a grave judgment, and do not vary in any matter; on the contrary, however, the holy Doctor infers against the arguments, because a lie in jesting and pernicious matter gravely varies in judgment, therefore it can be light and grave.

Let us grant at last that a lie gravely pernicious is lethal, because it is opposed to Charity; So St. Bonaventure here, and St. Thomas, question 110, article 4.

Dubitatio V: Whether every Lie is mortal for perfect men

Whether every Lie is mortal for perfect men.

St. Bonaventure reviews three opinions on this matter, which see in him, in the place cited.

He indeed asserts that a lie can be mortal by reason of the public person, who in this sense is said, and ought to be, perfect, insofar as it be a scandal and a contempt of truth; whence those persons are no longer believed, to the grave harm of the Republic; yet it is not mortal by the genus, or nature, of the act. He proves the first from St. Augustine in the Gloss on Psalm 5 and On Lying, chapters 6 and 18.

The reason is, because a grave harm is inflicted if no one is believed, and faith perish from the earth. St. Thomas holds the same, ad 5. The second part consists of what was said in dub. 3.

He objects first. The circumstance of person does not aggravate sin infinitely; but mortal sin infinitely exceeds venial: Therefore.

The holy Doctor answers that the circumstance of person does not aggravate per se in this way, but indeed where grave harm and scandal intervene.

He objects second. Either not to lie is a precept, or a counsel; If the latter: Therefore it is not mortal for anyone. If a precept: Therefore every lie is mortal for everyone.

The holy Doctor answers that some lies are simply forbidden, while others are not simply prohibited, but restrained.

He objects third. Lying is either simply repugnant to Charity, or to perfect Charity. If the first: Therefore every lie is mortal. If the second: Therefore the perfect man does not fall from Charity through a lie.

The holy Doctor answers that it is repugnant to perfection as such; but to Charity simply, as it is gravely pernicious by scandal.

He objects fourth. The perfect man does not sin lethally in other sins venial by genus, as in an idle word, a first motion of anger, or of the flesh: Therefore.

The holy Doctor answers by denying the parity, because from those no scandal arises, etc. He concludes, however, that the proposition of St. Augustine, that a lie is venial to others but mortal to the perfect, can be universally sustained in this manner: that to the perfect it is more a disposition to mortal sin than in others, through the mark of an ungrateful soul, repaying so many Divine gifts.

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

Whether among the degrees of Lying there be a most grave and a most light.

The holy Doctor asserts, with St. Augustine (On Lying, chapter 21), that the degrees of lies follow the order of things, so that there is a greatest and a least, because, as the Philosopher says (3 Topics, cap. 4), if the maximum in one genus exceeds the maximum in another genus, this genus simply exceeds that one. Hence, for one genus to exceed another, it is not necessary that each member of that genus exceed each member of the other genus, but that the highest in that genus be greater than all absolutely of the other genus. Since, therefore, among all lies that is the greatest in which one intends to harm another in the way of truth and salvation, because it inflicts on him an uncompensatable spiritual harm with respect to the greatest goods; hence a lie in the doctrine of religion is the greatest among the others. On the contrary, because one cannot be moved to lie by a more urgent cause than to preserve a spiritual good, or one attached to the spiritual: hence that lie is the lightest which is committed to preserve chastity, or a similar thing, and thus one ascends and descends by degrees, so that the closer it approaches the first, the graver it is; and the closer to the least, the less it is; and the holy Doctor proves this also in the Pharetra, lib. 3, cap. 3, De mendacio, from St. Gregory, lib. 8 of the Morals, cap. 4.

He objects first against these degrees. Let one say that Christ did not ride upon the ass out of a certain jesting wit; he sins in the first genus of lie. Let another, by a lie, impose a false crime on his neighbor, so that he be killed; he sins in an inferior genus of lie, and yet this is graver: Therefore the degrees of lies are badly ordered.

The holy Doctor answers that the most grave lie is that which asserts a falsehood out of malice for the subversion of religion; but such is not he who says for that reason that Christ did not ride upon the ass.

He objects second. He who tells a lie sowing schisms sins more gravely than he who sows false doctrines in religion; and yet the latter sins in the first genus of lie.

The holy Doctor answers that the former is graver; for if the falsity of doctrine induces schisms and other evils.

He objects third. One can lie in the first genus out of infirmity, and in the second genus out of malice; then this latter will sin gravely, because he sins against the Holy Spirit.

The holy Doctor answers that he who lies against the truth of religion is not supposed to err out of infirmity.

He objects fourth, that the supreme genus of lie is against faith; but the inferior one, pernicious to one's neighbor, is against Charity, which is the greater virtue.

The holy Doctor answers first, that it does not follow from the fact that Charity is a greater good than faith, that every lack of Charity is a greater evil, for there can be a very small privation of Charity and a maximal privation of faith. The holy Doctor adds that a lie against the truth of religion harms not only faith, but also good works and Charity: e.g. if you say that fornication is not to be avoided, that parents are not to be honored; for in matters of religion not only what is to be believed is taught, but also what is to be done according to each virtue.

He objects fifth against the lowest lie, which is officious for saving chastity, for this has more the character of a lie, since it is serious: Therefore it is graver than the jocose one.

He answers by denying that this officious lie is graver than the jocose one, because in neither does one intend to deceive another; yet in each he intends to utter a falsehood, that he may delight in one case and profit in the other; but less disordered is the intention that wishes to profit than that which wishes to delight, and this is done even in earnest things for the sake of delighting.

He objects sixth, that he who succors in greater necessity sins less by lying: but he who succors in danger of life succors in greater necessity than he who does in danger of chastity, because this cannot be wrested away against one's will, as that can.

The holy Doctor answers that the greater necessity is then for preserving chastity, because this is a spiritual good, and a greater good, which, although it cannot formally be taken away against one's will, is nevertheless taken away as regards bodily purity, joined with the danger of consent and of spiritual ruin. Therefore, although natural piety inclines more to saving life, gratuitous piety inclines more to saving the life of grace.

He objects seventh; he who takes away life takes away the space for penance, not so he who takes away chastity: Therefore the former is the greater evil, and therefore it will be a lesser sin to lie for such a salvation.

The holy Doctor answers; one deprived of life also lacks the space for sinning, and it is not known whether he would have spent his life in sins.

At the end the holy Doctor asks whether, in danger of chastity, one ought to choose to be corrupted, or rather to lie.

The holy Doctor answers that if one can know probably that he will not consent in his will, he ought to suffer corruption rather than lie, because corruption is doubled into a crown, as Blessed Lucy used to say; but if he be imperfect, and fears lest he succumb, then the lesser evil, that of lying, can be chosen to avoid it, and this also to redeem another's.

He asks also: whether it is lawful to lie, so that we may bring another back to the way of salvation.

He answers, negatively, because evil must not be done that good may come, nor does God need our lie to save others; for man is not directed by a lie, but by the inspiration of the Holy Spirit, who is the Spirit of Truth, without whom we preach in vain.

Dubitatio VII: On the others that are reduced to Lying

On the other things that are reduced to Lying.

To lying are reduced simulation, Hypocrisy, Boasting, and Irony. Simulation is defined by St. Bonaventure, lib. 3 of the Pharetra, cap. 25, from the holy Fathers: It is a showing, in deed alien from the things that truly are.

Hypocrisy, however, is defined by the holy Doctor there, and in the Centil., sect. 18: It is the will simulating itself fallaciously under the species of sanctity in the open, and acting vilely in secret. Therefore hypocrisy is simulation in a certain matter, namely virtue. See St. Bonaventure, in the cited place of the Pharetra, discoursing most excellently with the Fathers.

Irony is defined by St. Bonaventure in the Mirror of the Soul, cap. 1: It is a detestation of another by way of the contrary; but this is reduced to pride.

Boasting, however, is said of that by which one enumerates his own goods, that he may appear praiseworthy, as St. Bonaventure says, in the cited place of the Centil. and lib. 3 of the Compend. of Theological Truth, cap. 15. Wherefore it is reduced rather to pride, although when it exalts itself above what is, it has a certain injustice.

These vices are opposed to truth, and have the character of a lie, and accordingly can be both mortal and venial.

From the end, however, as St. Bonaventure says (question above on man), and with him Tannerus (disp. 6, quaest. 2, dub. 1, num. 18), it is gathered when they are grave; for if the end be gravely contrary to Charity, or justice, etc., they will be mortal; if, for example, someone feign sanctity in order to deceive in faith, or chastity, or to steal. But if the end is not opposed to Charity, etc., they will be venial, for instance the mere pleasure in the fiction, of which Aristotle speaks, 4 Ethics, cap. 7.

For to deceive someone precisely is not grave, unless either a bad end, or a grave harm, follows.

So also Boasting from the root of pride is mortal, if it be born of mortal pride, for instance gravely exalting oneself, as is said of the King of Tyre, Ezech. 28: Thy heart was lifted up, and thou saidst: I am God. Or if, in boasting himself, he bursts into the insults of others, like that Pharisee, Luke 18: I am not as the rest of men, rapacious, etc., even as this one.

Irony, by which one preaches lesser things of himself against the truth, is a lie, yet lighter than Boasting, as St. Thomas teaches, quaest. 113, art. 1 and 2, after Aristotle, lib. 4 of the Ethics, cap. 7.

The reason is, because Boasting arises, for the most part, from a baser motive, namely from the appetite of gain, or honor; but Irony from the fact that one shuns, though inordinately, being burdensome to others by self-exaltation; yet if one humbles himself in order to deceive deceitfully, it can be grave, of which Eccl. 19: There is one that humbleth himself wickedly, and his interior is full of deceit.

Boasting and irony can also concur in the same act, if one casts himself down with false humility, that he may be esteemed, as Christ says, Matth. 6: For they disfigure their faces, that they may appear unto men to fast, as the holy Doctor observes in the Diaeta, tit. 2, cap. 6, where he assails them, saying that these feed a double adversary.

It is also usually doubted concerning figurative words. It is answered that these are free of lying, as St. Augustine teaches, On Lying, cap. 2, and lib. against Lying, cap. 10. For they have truth in their own genus, according to the institutions of the Rhetoricians.

Likewise amphibological enunciations are without the note of a lie, if the speaker does not intend to deceive, as Tannerus notes, disput. 6, quaest. 2, number 25.

It is also doubted concerning mixed speeches, namely those which have their sense partly in the voice, partly in the mind, as when to one asking 100 florins you say: I will give them to you; but understanding, if I owe them.

The first opinion is that these are lies. So Sotus, lib. 8 de Iust., quaest. 1, art. 7; Cajetan, quaest. 89, art. 7; Azor, tract. 1, lib. 11, cap. 4, question 5; Aragon there, and others. The reason is, because that speech, taken as a whole as uttered, is false.

The OPPOSITE others teach; whom Valencia follows, disput. 5, quaest. 15, point 2, and disput. 6, quaest. 7, point 4; Toletus, lib. 4, cap. 21, and lib. 5, cap. 58.

The TRUE opinion, therefore, admits equivocations in this sense, when we are illicitly asked to say something, as Tanner notes, num. 31. For thus Christ, Mark 13, according to the truer sense of the Fathers, says: But of that day or hour no man knoweth, neither the Angels in heaven, neither the Son, namely that he reveals it to others, or knows not, that is, makes not to know; or knows not so as to reveal, as St. Bonaventure teaches, in 4, dist. 48, quaest. 4, and with him Tanner, num. 31. So the holy Doctor expounds it with Chrysostom, homil. 47, on John 7: Go you up to this festival day, but I go not up, understanding, not now with you; for afterwards he went up. Similar is that of John 11: Lazarus sleepeth, when he was dead, and that of Luke 8: The girl is not dead, but sleepeth, as the holy Doctor observes in his commentaries, and with him Tannerus in the place cited.

We HAVE also the example of the holy Father Francis, at Navarrus, cap. Humanae aures, Tanner, num. 32; for being asked whether a certain man had passed that way, the holy Father, holding his hand in his sleeve, said: He did not pass this way. And although Sotus, on concealing a secret, memb. 3, quaest. 3, says that St. Francis was deceived in that opinion, yet he is to be esteemed of more worth than Sotus, as Tanner warns, num. 32.

So also Samuel, 1 Kings 16, said: I am come to sacrifice to the Lord, when he had come to anoint David king. Which equivocations St. Gregory praises there, for warding off the violence of the tyrant.

EXCLUDING, however, a grave cause, it is not lawful to use equivocations; for by the remaining truth we are bound, otherwise all human society would be done away, as St. Thomas argues, quaest. 114, art. 2, ad 1, and St. Bonaventure, lib. 3 of the Pharetra, cap. 3, § De mendacio. Therefore the holy Fathers there alleged assail it gravely. So St. Isidore in the Synonyma, cap. 11: Beware of a lie in all things, for by a lie faith is taken away; and St. Augustine in the Enchiridion, cap. 22: Assuredly words were instituted not that men might deceive one another by them; but that each one might by them convey his thoughts into another's knowledge; and lib. 1 of Christian Doctrine, cap. 36: No one lying keeps faith in that wherein he lies. For this he assuredly wishes, that he to whom he lies should believe him, which faith he nevertheless does not keep by lying to him. Tanner, in the Mirror of the Soul, cap. 2. St. Bonaventure condemns suspect and equivocal locutions in contracts. On these, with an oath added, I treated in disp. on Oaths, quaest. 10.

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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