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

Dubitatio I: What a Lie is

Dubitatio II: Of how many kinds is a Lie

Dubitatio III: Whether every lie is intrinsically a sin

Dubitatio IV: Whether a Lie is mortal of its genus

Dubitatio V: Whether every Lie is mortal for perfect men

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

Dubitatio VII: On the others that are reduced to Lying

Quaestio III: On Friendship

Quaestio IV: On Liberality

Dubitatio I: On Avarice

Dubitatio II: On PRODIGALITY

Quaestio V: On EPIKEIA

Quaestio VI: On the GIFT OF PIETY

Tractatus V: E VIRTUTE FORTITUDINIS

Proemium I: Prooemium

Disputatio I: FIRST. ON FORTITUDE

Quaestio I: Whether FORTITUDE is a Virtue, and which

Quaestio II: On the GIFT OF FORTITUDE

Quaestio III: On Martyrdom

Dubitatio I: Whether MARTYRDOM confers first grace

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

Quaestio IV: On the precepts of Fortitude

Quaestio V: On the Vices opposed to Fortitude

Disputatio II: On the Virtues joined to Fortitude

Quaestio I: On Magnanimity

Quaestio II: On the Vices opposed to MAGNANIMITY

Quaestio III: On MAGNIFICENCE

Quaestio IV: On the Vices opposed to MAGNIFICENCE

Quaestio V: On PATIENCE

Quaestio VI: On the Vices opposed to PATIENCE

Quaestio VII: On PERSEVERANCE

Quaestio VIII: On the Vices opposed to PERSEVERANCE

Tractatus VI: E TEMPERANTIA

Proemium I: Prooemium

Disputatio I: FIRST. ON THE VIRTUE OF TEMPERANCE

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

Quaestio II: Which Vices are contrary to TEMPERANCE

Quaestio III: On the parts of TEMPERANCE

Quaestio IV: On Shamefastness

Quaestio V: On Honesty

Quaestio VI: On Abstinence

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

Dubitatio II: In what way natural Fasting is broken

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

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

Dubitatio V: On the evening collation

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

Dubitatio VII: Who are bound to fast

Quaestio VII: On SOBRIETY

Quaestio VIII: On CHASTITY

Quaestio IX: On Virginity

Dubitatio I: Whether Virginity is a Virtue

Dubitatio II: Whether Virginity excels conjugal Continence

Dubitatio III: Whether the reward of Virginity is the Aureole

Quaestio X: On CONTINENCE

Dubitatio I: On MILDNESS

Quaestio XI: On CLEMENCY

Quaestio XII: On MODESTY

Quaestio XIII: On HUMILITY

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

Quaestio I: On GLUTTONY

Quaestio II: On Drunkenness

Quaestio III: On LUST

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

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

Dubitatio III: On FORNICATION

Dubitatio IV: On STUPRATION

Dubitatio V: On INCEST

Dubitatio VI: On ADULTERY

Dubitatio VII: On SACRILEGE

Dubitatio VIII: On sins against nature

Dubitatio IX: On the lust of spouses

Dubitatio X: On ABDUCTION

Quaestio IV: On INCONTINENCE

Quaestio V: On ANGER

Quaestio VI: On CRUELTY

Question VII

Dubitatio I: On the adornment of Women

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

Quaestio VIII: On P R I D E

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

Tractatus VII: E VARIIS HOMINUM STATIBUS, ET OFFICIIS

Proemium I: Prooemium

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

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

Quaestio II: On the state of perfection

Dubitatio I: In what the Perfection of man consists

Dubitatio II: What Perfection can be had in this life

Dubitatio III: Who are in the state of Perfection

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

Disputatio II: On the State of the Bishop

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

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

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

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

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

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

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

Disputatio III: On the State of Regular Prelacy

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

ABOVE we distinguished the works of the active life into merely bodily exercises, and those mixed with the spiritual. The former are reduced to seven by D. Bonaventure de 7. Donis, de Dono pietat. cap. 1., and they are common to all men insofar as the ability to exercise them is available. The first work of the active life in relation to one's neighbor (for in relation to oneself it is rather the active life as a way to contemplation, by chastising oneself from vices, and exercising oneself in other exercises, whether penitential or bodily) is the visiting of the sick. Second, the giving of drink to the thirsty. Third, the feeding of the hungry. Fourth, the redemption of captives. Fifth, the clothing of the naked. Sixth, the gathering in of pilgrims. Finally the seventh work is the burial of the dead; all of which the others commonly gather up with D. Bonaventure 3. part. Centil. sect. 46. in this verse:

Visito, poto, cibo, redimo, tego, colligo, condo.

THE sufficiency of these is next assigned by D. Bonaventure here: Since each one is bound to love his neighbor as himself; just as each one considers himself wholly in his bodily needs, he ought with like measure also to weigh his neighbor's needs: Now every man is first an animated substance, and consequently consists of a vegetative part, in need of restoration of the warm and the dry, which is done by food, and also of restoration of the cold and the moist, which is done by drink: Furthermore man is a sentient substance, on account of which he needs a twofold covering to repel the same number of exterior harms; the first remote covering is a Roof, through which shelter is given to repel the injury of the night; the second, proximate, is clothing, to cover nakedness simply. Again, man is a rational substance, and weak, and hence born liable to lose his liberty, by servitude in prison, or by infirmity in bed. Against the first there is redemption, against the second visitation. Finally, man is mortal, and consequently subject to death; after which he needs burial, and so seven helps are numbered, which laboring Charity can minister to him.

SEVEN also are the spiritual works which the Seraphic Doctor enumerates in the places cited above, and of which we have touched somewhat in the treatise on Almsgiving, disp. 10. where, in common with the Seraphic Doctor and others, we rendered them in this verse:

Instrue, Consule, Castiga, Solare, Fer, Ora.

The sufficiency of these also the Saintly Doctor gathers in the place cited: There are in man certain defects which can be removed by God alone; to aid which prayer is necessary; others are defects of the cognitive power, such as ignorance of things to be known, to lighten which instruction suffices; if it is ignorance of things to be done, counsel supplies it: Some defects also are in the affective power; and these are fault or punishment: if fault, it was committed in yourself or in others; if in yourself, forgive; if in others, correct, and this is correction: if finally it is punishment, it is to be relieved by the word of consolation, or the deed of support; which two are signified by those particles: Solare, Fer.

Of both sorts of work, spiritual and corporal, D. Bernard speaks briefly thus, serm. 12. super cantica, as cited by the Seraphic Doctor in the meditations on the life of Christ, cap. 42. You too, if you gladly impart to us your companions the gift you have received from above, if you show yourself everywhere among us dutiful, affectionate, grateful, approachable, humble, you will have the testimony from all that you breathe, and are yourself as the best of ointments: Every one among us who patiently bears with the fraternal infirmities both of bodies and of souls, and moreover, if he is permitted and able, helps them with his services, comforts them with his words, instructs them with his counsels; and if he cannot do this because of his discipline, at least does not cease to solace the sick one with anxious prayers; every one, I say, who does such things spreads a good odor among us.

ALTHOUGH the spiritual exercises of the active life are numbered as seven, common to all in various ways, yet they can be more briefly reduced to the three states of men upon whom it falls by office to exercise them toward those committed to them. These are Prelates, Preachers, and Confessors, as the Saintly Doctor indicates in the cited meditation quaest. 45. Concerning Prelates we have seen disp. praecedenti; concerning Confessors we shall see in the 3. part, where we treat of the Sacrament of Penance; here therefore something remains to be said of Preachers.

On the office and obligation of the Preacher.

THE office of preaching is deservedly regarded as the nobler and more arduous, the more that Nature and Grace as it were vie in contributing their gifts to its fulfillment; whence although many daily clamor in the pulpits under the guise of preachers, very few discharge that office as is fitting; because it is rarest of all that nature agrees with grace in all things.

ALTHOUGH many conditions on the part of body and soul, as has already been indicated, are required for this noble function, they can nevertheless be reduced to Authority and Sufficiency.

The reason of Authority is gathered from D. Bonaventure in the place cited, and was proved above disp. 1. quaest. 1. num. 27. and it is evident from Jerem. 23. they ran, but I did not send them, Tim. 3. How shall they preach, unless they be sent, Haebr. 5. Nor does any man take the honor to himself, but he who is called by God, as Aaron was: whence Christ, in whom is the supreme power, says of himself: For I did not come of myself, but he sent me, clearly. Hence Isaias was unwilling to go of himself, but said: Behold me, send me, and the Lord answered go, and you shall say to this people, etc. Behold the authority of one sent.

The SIGNS of a true mission from God are indicated by the Saintly Doctor on cap. 9. of Luke. The first is, if the preacher obtains authority from a Pontiff, and especially from the Supreme Pontiff, who holds the place of Christ on earth. The second is, if he has a true zeal for his own and others' salvation, not seeking his own things, according to that of 1. Cor. 4. For we do not preach ourselves. The third is, if the hearers of the sermon show fruit in their works, as is said of the Apostles, who were sent and interpreted, Ioan. 15. I have placed you, that you may go, and bring forth fruit.

HENCE the Seraphic Father St. Francis, in cap. 9. of the rule, which is wholly about Preachers, thus begins: Let the Brothers not preach in the diocese of any Bishop when it has been forbidden them by him. He speaks negatively, has been forbidden, as St. Bonaventure observes, because since the power of preaching does not derive its efficacy from the grant of Jurisdiction, as does the power of receiving confessions, an express declaration of that authority is not required by the rule, but a reasonable presumption suffices, especially if such be the preachers as rest upon the approbation of the institution of the Apostolic See, as the Saintly Doctor says in the same place. Besides this authority of the Pontiff, there is required for religious that they be authorized by their own Prelates; so it was enacted in the said cap. 9. of the rule, where it is thus written after the aforesaid words: And let no brother at all dare to preach to the people unless he has been examined and approved by the General minister of this fraternity, and the office of preaching has been granted to him by him.

This differs not much from the Decree of the Council of Trent, sess. 5. cap. 2. except that it demands an express license of the Bishop; for it thus runs: Religious of whatever order, unless they have been examined and approved by their superiors as to life, morals, and learning, cannot preach even in the churches of their own orders without their license; with which license they are bound to present themselves personally before the Bishops and ask their blessing before they begin to preach; In churches, however, which are not of their orders, they are bound to have, beyond the license of their superiors, also the license of the Bishop, without which they can by no means preach in those churches not of their orders; and the Bishop is to grant that license gratis: And since custom, which has prevailed for a long time now, is the best interpreter of a decree, one must abide by it in the individual dioceses; for in many places the Most Reverend Bishops are accustomed, out of the affection they bear toward Religious, to delegate their vicissitudes in this matter to those Religious' own Prelates; elsewhere for the principal seasons of the year a personal presentation according to the tenor of the council is required, as when one is to preach in the time of Advent or Lent; since indeed the Council so ordained in favor of the Bishops, they can, as they prudently judge, leave the whole matter committed to the zeal and discretion of the Religious Prelates, as is customary in many places; in other places, however, one must abide by the letter of the Council, as is observed by custom there.

But where the Bishop's license has once been had, if the Parish Priests object, St. Bonaventure warns on the said cap. 9. that malice should rather be borne than scandal caused; Yet if from ceasing a graver evil is feared, as that the Parish Priest oppose himself in order to sow heresy or cockle himself, then the Episcopal Authority is to be used, that the greater evil may be averted; and even the lesser, which can be a scandal to some, is to be prudently forestalled as far as possible.

But if any religious preaches without the requisite blessing of the Bishop, or while he himself objects, beyond sinning against his rule, if he be a Minorite he can further be punished by the Bishop himself according to the Constitution of Gregory XV. issued in the Bull Inscrutabili 9. Febr. 1622. the tenor of which is had thus: and finally let the Bishop have the authority of coercing and punishing any exempt persons, both secular and Religious, who in alien churches which are not of their orders without the Bishop's license, or in their own churches, or those of their orders, without asking his blessing, or while he himself objects, have presumed to preach, etc. so also reports Bonagratia V. praedicatores, num. 374.

As to the Authority of one's own Prelate, which the Friars Minors are bound to have by prior examination before they preach; although the Rule specifies that it is to be given by the general minister alone according to the letter; yet since that was provided so that dangers might be forestalled, the rule is not violated while the license of examining and approving is granted to others; for as Bishops take care that those to be ordained be examined by others, and the presidents of Universities are accustomed to depute others to examine those whom they are going to endow with the insignia of the Doctorate; so the General minister can by others examine and approve those whom he is going to elect to the office of preaching, although the rule has: Unless he has been examined by the general minister of this fraternity. He himself, however, is bound to bestow the authority. So D. Bonaventure loco cit. and if of the sufficiency of him who is to be promoted to the grade of preacher there is no doubt at all, a prior examination is not necessary; but it suffices that the account of his sufficiency be made known to the General, and he himself can send letters as preacher; so the Saintly Doctor cit.

These things said concerning the granting of Authority may suffice: Truly concerning its removal, or suspension, certain things are to be noted.

First, the Lateran Council under Leo X. suspends those who preach false and uncertain miracles; as also prophecies lightly founded in sacred scripture, or in no way approved by the Apostolic See; unless the Ordinaries of the places, with three or four more learned men deputed for their examination, have permitted it, while they have not had the opportunity of consulting the aforesaid See.

Second, the Council of Trent sess. 5. cap. 2. de reform. after D. Bonaventure's exposition on the Psalt. upon those words of Psalm. 49. But to the sinner God said: Why do you declare, etc. assigns three cases in which preaching is prohibited, and suspension even of Religious can be inflicted by the Bishop, as legate of the Apostolic See; yet it is not incurred ipso facto.

The first case is, if erroneous propositions are preached; but what Doctors understand by an erroneous proposition I said in this Tome above, where I treated of heresy.

The second case is, if scandalous propositions are preached, to which the Saintly Doctor reduces loco cit. the notorious crime of the preacher himself; for this is wont to give birth to no small scandal, for it is shameful if the voice bite the life, and there be indeed the voice of Jacob, but the hands of Esau, as the Saintly Doctor says here ex 27. Genes.

The third case is, if the propositions that are preached be heretical.

To these are added the prohibitions made by Alexander VII. 3. Decemb. 1661. in the Bull which begins: Sollicitudo omnium, where various statutes of Paul V. Sixtus IV. and Pius V. concerning the same are renewed, that no one in a sermon to the people or other public acts may defend the opinion of D. Thomas concerning the conception of the Most Blessed Virgin, by not asserting her to be immaculate; others also are prohibited who preach the opinion of D. Thomas to be sinful or heretical, see Bonagratia cit. num. 380.

As to the sufficiency required for the office of preacher, the Saintly Doctor places it on the part of the soul in solid learning and a clean conscience, thus he has in the exposition on Psalm. 158. upon those words: let my supplication draw near.

That he may acquire a clean conscience, he ought first to attend to his own salvation before the edification of others, in the example of Elias, who first went into the desert, and came to the mount of God in Horeb, where he was taught, as the Saintly Doctor says, ad 2. Lucae; afterward he was sent to anoint Kings and Prophets, 3. Reg. 19. so Christ himself first began to do, then to teach.

But concerning the acquisition of learning, St. Bonaventure notes ad cap. 8. sup. prope finem that eight things are very useful to a preacher; namely the knowledge of wisdom through investigation: the commemoration, through frequentation: the declaration, through love: the Operation, through fulfillment; the contestation, through disputation, the communication, through conference; the circumduction, through interrogation; finally the assumption, through incorporation. For by investigating we know: by frequenting we commit the ideas of things to memory: by loving, we delight in the things we learn; by operating, we fulfill them; by disputing, we solve difficulties for ourselves and others; by conferring, we communicate to others what we know; by interrogating, we return by discursive circuits to the same point, and convince others more of the truth; finally we assume knowledge as it were incorporated in gesture and voice, and so persuade others of it more easily.

The sufficiency of the Preacher on the part of the body the Saintly Doctor describes, Apologet. quaest. 4. First, he ought to be of competent age, lest being too much a boy he seem to handle boyish things; which condition is to be held not so much from the series of years as from an honest gravity of countenance and manly composition. Second, he ought to be free of every notable deformity of body and head, for those who are too short, fat, or hunchbacked, are not apt for persuading, but are easily held in contempt; Third, the strength of body is the more necessary for this office, because it is to be carried out strongly and manfully. Fourth, competent eloquence procures a singular grace for preaching, for which many things are necessary on the part of voice and gesture, which are treated of professedly among the Rhetoricians.

Whoever recognizes in himself these conditions, both of body and soul, and of learning and conscience, there remains that for the utility of the people he pour forth the Word of God in a threefold manner, that I may speak with D. Bonaventure on those words of Psalm 118. in labiis meis pronunciavi, etc. Namely wisely, eloquently, and confidently: Wisely, that he teach; eloquently, that he please; confidently, that he move: for preaching foolishly, confusedly, and timidly, he neither teaches, nor pleases, nor moves.

Then the Saintly Doctor admonishes, in cap. 6. Lucae, that the Preacher teach useful things, not subtle ones; that he be also free from ostentation in sign, from ambition in mind; from flattery in word, and from respect of persons in deed.

But on those words of the same cap. 6. And he taught the multitudes, the Seraphic Doctor exhibits the form of Apostolic preaching, while he teaches that a good Preacher ought now to stand, now to sit; now to see, presently to ascend; which are to be taken not only corporally, but with a worthier title spiritually; namely that he stand, intending rightly; at times sit, contemplating quietly; see, discerning well; and ascend, acting perfectly; all which the Saintly Doctor concludes with that of Jerem. 6. Stand upon the ways, behold the rectitude of intention, and see, and ask, which be the good way, behold the solicitude of discretion. And walk in it, that is, in the exercise of action, and you shall find refreshment for your souls, namely through the repose of contemplation.

¶ Of such a good Preacher the Saintly Doctor weaves much from the Holy Fathers, lib. 1. Phar. cap. 14.

¶ GREGORY, lib. 6. Moral. cap. 17. thus describes the true herald of Christ: He is the more in God's love with God who draws very many to the love of him: The Redeemer of the human race showed miracles by day in the cities; and gave himself to the pursuit of prayer by spending the night in vigil; that he might intimate to perfect preachers, namely, that they should not utterly desert the active life out of love of speculation, nor altogether despise the joys of contemplation through excess of operation, but contemplating in quiet should found what, speaking toward their neighbors, they plant.

¶ JEROME, lib. 1. in Lament. cap. 1. tom. 4. He is the Ecclesiastical Doctor who moves tears, not laughter, who rebukes sinners, who says that no one is blessed, no one is happy.

D. AUGUSTINE de doctrina Christiana, lib. 4. cap. 17. he who strives by speaking to persuade that a thing is good, despises none of these three, namely that he teach, that he delight, and that he bend, but prays and acts, that he be heard intelligently, gladly, obediently.

AMBROSE, lib. 2. de Virg. at the beginning tom. 4. He who teaches ought to excel above him who is taught.

ISIDORE de summo bono, lib. 3. cap. 36. sent. 5. The just preacher ought first to act well, that consequently he may be able to teach well.

¶ BERNARD super Cantica, serm. 16. The threefold cord, which is not easily broken, for drawing souls out of the prison of the devil and drawing them after you to the Celestial Kingdoms: if you judge rightly, if you utter worthily, and if you confirm by living.

SENECA epist. 52. most excellently draws forth the parts of a true preacher thus: Let us choose not those who pour forth great words with celerity, but those who teach by their life; who when they have said what is to be done, prove this very thing by doing what they teach; and after certain words: Choose as Doctor him whom you admire more when you see him than when you hear him.

¶ Nor is it a wonder that Men illustrious in doctrine and sanctity have so exalted this office of preaching as to celebrate it with every praise, and in it to demand most exquisitely whatever is required for the preeminence of human life, namely the sweet symphony of mouth and work: Hence Christ himself, the Apostles themselves, and those saints who are read of as more illustrious in both testaments, were appointed to preach; and truly he is a heavenly man who, announcing heaven to others, expresses it in himself as it were; whence the Seraphic Doctor, on those words of Psal. 17. he bowed the Heavens, and descended, compares Preachers to clouds, because doubtless clinging continually to the heavens, they ought to thunder with threatenings, flash with miracles, and rain down doctrines.

On the other hand, since it is most shameful that a Preacher of Christ signify one thing with his mouth and another with his work, D. Bonaventure in the said lib. Pharetra, cap. 15. darts the most acute sentences of the Fathers against such a one, as it were chosen arrows.

¶ GREGORY super Ezechiel, hom. 18. of such a Preacher writes thus: It is most shameful for us there to fall by neglect, whence by preaching we have tried to raise others up; and super, lib. 4. Reg. ind. 12. cap. 76. what we preach with the tongue we destroy by examples: while with works we teach iniquity, and mere votes we put forward as things that are just. We wear away our bones with fastings, and swell in mind: we cover the body with despised garments, and surpass purple in elation of heart; we lie in ashes, and receive lofty things, Doctors of humility, leaders of pride.

JEROME epistola 2. ad Nepot. Delicate is the master who with full belly disputes about fastings: A robber too can accuse avarice; the mouth of the Priest of Christ let it accord with his mind.

ISIDORE lib. 2. de summo bono, cap. 2. sent. 10. To the heaping up of a greater guilt it pertains that anyone know what he ought to follow, and be unwilling to follow what he knows; and lib. 3. cap. 37. sent. 1. he who does not live as he teaches makes the truth itself which he preaches contemptible.

CHRYSOSTOM de compunctione cordis, lib. 1. at the end: To teach and not to do confers not only no gain, but very great loss; For great is the condemnation of him who composes indeed his sermon; but negligently neglects his life and his work.

AUGUSTINE as cited by the Seraphic Doctor, there, more strongly inveighs against Preachers of this sort. Hear yourself, O hardest, most savage, most deaf Doctor; what good to me a tongue of gold and a heart of iron.

BERNARD serm. de convers. ad clericos, cap. 31. on those words: Blessed are the peacemakers, thus speaks: Consider diligently, not the peaceable, but the peacemakers are commended; for there are those who say and do not: surely as the hearers of the law are not just, but the doers; so not the announcers of peace, but the makers are called blessed.

SENECA finally in an epistle thus concludes, as cited by the Saintly Doctor: this is most shameful, what is wont to be objected to us, that we speak words, not handle works.

These things the Saintly Doctor, in the said cap. 16. described from the writings of the Fathers; in the following chapter, however, he brings forth excellent sentences from the same Fathers against those usurping Preaching; which fit almost within what has been said: see it itself.

¶ AS to the manner and matter of what is preachable, St. Francis briefly designates it, in the said cap. 9. of the Rule, admonishing in these words, that in the preaching they make, their words be chaste and examined for the utility and edification of the people, announcing to them vices and virtues, punishment and glory with brevity of speech.

¶ To which the Council of Trent sounds in accord, in the place cited above; exhorting the heralds of the divine word with like words: Faithful preachers according to their capacity shall feed with salutary words, saying what it is necessary for all to know for salvation, announcing to them with brevity and easiness of speech, the vices which they ought to shun, and the virtues which they ought to pursue, that they may be able to escape eternal punishment and attain heavenly glory. Finally as to the reprehension, whether special or general, which each one is bound to employ in preaching, that he may more efficaciously compel sinners to repentance; the Saintly Doctor explains it pre-eminently in Apologet. cap. 2. which chapter Bonagratia transcribed almost word for word, Verb. Praedicator, cited above, indicating that therein is exhibited an excellent doctrine for preachers.

SINCE therefore the Saintly Doctor shrewdly established the difference between the Judge and the Preacher, he pursues his office in reproving sinners thus: The Doctor or Preacher, who ought to instruct hearers of diverse kinds, that he may render virtues the more commendable, necessary to salvation, shows the vices opposed to them, how harmful and detestable they are. And in certain kinds of men certain vices are more customary, as among Merchants fraud and lies; among Soldiers rapine and burnings; and so of others; it is necessary that on account of the general instruction, although he accuse the genus of men specially, he admonish them to beware of the vices that lie in wait specially for themselves, as the Physician teaches Patients laboring under diverse infirmities to abstain from the foods more harmful to themselves and from others. For nothing profits the sick, if he were to say: Beware of all harmful foods generally, unless he specified in each affection what was specially harmful to them, or profitable to health. But what is said, that the Preacher ought to accuse all sinning in general, and not descend to species, this is to be understood of the notable specification of persons, not of vices, or states, or offices, which cannot properly be described without the expression of the office or state of those who have been accustomed to offend specially in this. For it can thus congruously be said in general: You Artificers frequently sin in this; and you Soldiers in this; and you Religious in that; you Clerics in that other; and so of the others, if there are many there of each of those kinds to whom he speaks, so that no one, that each one conscious to himself of such a sin may be compunct, and be confounded in himself, and no one be made specially notable of this, whom the evidence of falsehood otherwise does not make notable, or who does not betray himself to be guilty, attributing to himself specially with a murmur what was said generally, according to that of the Poet. Conscius ipse sibi, de se putat omnia dici. For the faithful Doctor ought to intend only correction and edification, not the confusion or defamation of anyone present or absent. Wherever therefore it is presumed that someone is made specially notable of a sin previously unknown to others by the preaching, whence a grievance or scandal can arise, it is better to be silent, and to speak rather other edifying things: But he who is accustomed to do the contrary shows himself contentious, or envious, or imprudent, or greedy of vain glory, who since he would not otherwise be accepted among men, seeks glory for himself from the infamy of others: whom by confounding you exasperate, him you more slowly edify, and wound with the sting of rancor.

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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