Summa Theologiae Moralis, vol. I: De Principiis

Benedictus Henricus Merkelbach

Summa Theologiae Moralis, vol. I: De Principiis

Benedictus Henricus Merkelbach (1871–1942)

Summa Theologiae Moralis ad mentem D. Thomae et ad normam iuris novi

First published 1935

Volume I (De principiis) of Benedictus Henricus Merkelbach's Summa theologiae moralis sets out the foundations of Catholic moral theology within a Thomistic framework. It treats human acts, conscience, law, sin, and merit in relation to the canon law of its period. The present edition follows the Paris text published by Desclée de Brouwer in 1935 and includes the Latin text with an English translation. It comprises the first volume of the three-volume Summa.


Prologus

Introductio I: Theologia Moralis Generalis: Introductio

Tractatus I: Tractatus de ultimo actu humanorum fine seu de beatitudine

Introductio

Quaestio I: DE FINE ULTIMO IN COMMUNI

Quaestio II: DE BEATITUDINE OBIECTIVA

Quaestio III: DE BEATITUDINE FORMALI

Quaestio IV: DE QUALITATIBUS BEATITUDINIS

Quaestio V: DE MODO OBTINENDI BEATITUDINEM

Tractatus II: De actibus humanis in se

Introductio

Pars I: De actibus humanis secundum esse materiale et psychologicum

§ I: De conditione actuum humanorum

Caput I: De elemento subiectivo actus humani

Quaestio I: De voluntario

Articulus I: De voluntario in se

Articulus II: De voluntario tum positivo et directo, tum negativo et indirecto

Articulus III: De voluntario in se et in causa

Quaestio II: De impedimentis voluntarii seu de involuntario

Articulus I: De violentia

Articulus II: De metu

Articulus III: De concupiscentia

Articulus IV: De ignorantia

Quaestio III: De libero

Quaestio IV: De impedimentis liberi

Articulus I: De passionibus

Articulus II: De habitu et consuetudine

Articulus III: De impedimentis liberi remotioribus

Caput II: De elemento obiectivo actus humani

Quaestio I: De elemento essentiali seu obiecto

Quaestio II: De elemento accidentali seu de circumstantiis

§ II: De distinctione actuum humanorum

Quaestio I: De actibus elicitis

Quaestio II: De actibus imperatis

Pars II: De actibus humanis secundum esse morale

§ I: De moralitate actus humani in genere

Quaestio I: De essentia et speciebus moralitatis

Quaestio II: De fundamentis moralitatis

Articulus I: De intrinseca differentia boni inter et mali

Articulus II: De norma moralitatis

Articulus III: De fundamento obiectivo moralitatis

Articulus IV: De falsis systematibus circa fundamenta moralitatis

Articulus V: De facultate apprehensiva moralitatis

Quaestio III: De principiis seu fontibus moralitatis

Quaestio IV: De distinctione specifica inter actum bonum et malum

Quaestio V: De distinctione specifica inter varios actus bonos vel malos

Articulus I: De obiecto

Articulus II: De circumstantiis

Articulus III: De fine

§ II: De moralitate actuum humanorum in specie

Quaestio I: De bonitate et malitia actus interioris

Quaestio II: De bonitate et malitia actus exterioris

Quaestio III: De bonitate et malitia effectus externi

Quaestio IV: De bonitate et malitia passionum

Quaestio V: De bonitate et malitia circumstantiarum

Pars III: De actibus humanis secundum esse supernaturale et meritorium

Quaestio I: De merito praesertim supernaturali

Quaestio II: De conditionibus meriti supernaturalis

Tractatus III: De conscientia in generali

Introductio

198. Object of the Treatise. — After the consideration of the end and of human acts in themselves (according to their material and formal element), we must treat 1) of the rules of acts according to which they must be directed (exemplary cause), and 2) of their principles (efficient cause). The principles are the powers of man, which philosophy treats, and habits whether good or bad, which are discussed in the treatise on habits and virtues. The rules, however, are two: a remote one, objective and extrinsic, which is law, and a proximate one, subjective and intrinsic, or immediate, which is conscience. Hence after the treatise on human acts there logically follows the treatise on their proximate rule, conscience. For just as an archer must know the rules according to which he ought rightly to aim at the target, so man must know the rules according to which his acts may be ordered to the last end.

Moreover, general morals considers conscience only in general, what it must be in order to be the rule of our acts and to have for this purpose the required endowments; but in no way does it consider the individual particular states or all the species of conscience, nor the ways of prudently forming conscience or of sinning against it: for all these things already pertain to special morals, and indeed to the treatise on the cardinal virtue of prudence, whose act is conscience right and well formed. In the present work, therefore, we shall discuss 3 questions.

  1. on moral conscience according to itself (physical or psychological being);

  2. on conscience as it is the rule of moral acts (moral being) or on the qualities required for moral conscience, namely a) on its truth and rectitude on the part of the object; b) on its certitude on the part of the subject;

  3. on conscience as it is the rule of supernatural acts (supernatural being).

Quaestio I: De conscientia morali secundum se in esse psychologico

S. Th. I, q. 79, a. 13; Q. D. de Verit. 17, a. 1, 2, 3; II Sent. d. 24, q. 2, a. 4.

199. Notions. — Conscience (συνείδησις), from the word conscire, i. e. to know together, etymologically is, as it were, knowledge with another, and therefore sometimes signifies knowledge had with others, that is, the common knowledge of several (Cicero, or. 1 in Catil., 1; Tacitus, Agr. 2); but more commonly it signifies the knowledge of one kept by himself but considered in relation to something else and applied to it, whence properly it imports the order of a piece of knowledge to something, and is the act by which we apply knowledge to a particular deed. This can be done in two ways:

1° by applying the piece of knowledge to consider that something is or was, and this is conscience merely psychological, by which we know that we are doing something, or recognize that we have done or not done something: this is said to testify and includes an intimate sense and memory (Gen. XLIII, 22; Rom. IX, 1; Eccl. VII, 23; II Cor. IV, 2; V, 11);

2° it can also be done by applying knowledge to consider whether something is rightly being done or has been done or not, and this is moral conscience, which is a judgment about good and bad acts and the application of moral knowledge to our human works. This again is twofold: for moral knowledge can be applied

a) to examine something that has been done and to judge whether it was well done or not, and this is consequent conscience, which is said to excuse, or to accuse or to gnaw (Hebr. IX, 14; Rom. II, 15; Tit. I, 15; II Tim.

I, 3; II Cor. I, 12; Is. LXVI, 24 and Mk. IX, 40: the worm of conscience, namely, does not die);

b) to direct something that can still be done, and to judge it to be good and to be done, or bad and not to be done, and this is antecedent conscience, which is said to urge, induce, bind, press, or hinder (Rom. XIII, 5). This is a judgment about the morality of an act to be placed here and now in the individual case and the application of moral knowledge to a determinate act. And it is moral conscience in the strict sense, because it alone is the rule of human acts, and of it we speak in the present treatise.

Improperly conscience is taken, either a) for its object (or the thing stirred up), i.e. for what is in our conscience (I Tim. I, 5), as when someone says: I shall tell you my conscience; to examine the conscience, or to be defiled or cleansed of it; or b) for its cause: then for the habit by which we are rendered capable of judging good and evil, and for the habitual disposition by which we are inclined to judge in this or that way about the honesty of an action; then for the knowledge of the law or the universal judgment about the morality of acts in general, without applying it to a determinate act, and so we say a seven-year-old child has a conscience of good and evil.

200. Antecedent conscience is a judgment, but not every antecedent judgment is conscience. For there is

  1. a judgment merely speculative and of the truth of the thing alone, without respect to operation, e. g. whether Peter has money;

  2. a speculative-practical judgment (i. e. speculative about practice) about the morality of our acts in general and in the abstract, insofar as they are considered in themselves and without order to the subject acting here and now. E. g. it is a judgment about objective and material honesty, which is twofold: for man

a) either makes wholly universal moral judgments to which he assents by the first practical principles, e. g. Good is to be done, evil is to be avoided; injury is to be done to no one; what you do not wish done to you, do not do to another; the Supreme Good is to be loved, etc., in which the intellect does not err, because it naturally possesses for perceiving and enunciating them a (readier) habit which is called synderesis;

b) or makes less universal judgments, to which he assents by general conclusions deduced immediately or mediately from the first principles, e. g. theft is to be avoided, fornication is illicit, etc., in which the intellect can sometimes err, but for which it can nevertheless acquire a habit which is called moral science;

  1. a practico-practical judgment about the morality of the act in particular and in the concrete to be placed here and now by the acting subject, by which we apply the first universal principles or moral science to the particular case in particular conclusions, e. g. now to take this sum from Peter, unknown to him and without reason, is theft to be avoided. This is the particular judgment of conscience which is immediately ordered to operation and deals with subjective and formal honesty, and is proximately practical in relation to the universal judgments of synderesis and moral science, which are remotely practical; hence by some it is called the ultimately practical judgment, not simply, namely, but among those three that are about honesty;

  2. an ultimately-practical (or discretive of election) judgment, not about morality but about the fitness of the act, namely about what is here and now to be chosen and ought to be done, whether it be good or bad: this follows conscience, by which it ought to be directed, but is often contrary to it, e. g. I shall seize Peter's money, although conscience says it is forbidden.

201. Conscience is defined as: the dictate or judgment of the practical intellect affirming an act in particular to be licit or illicit, and therefore to be placed (or capable of being placed) or to be omitted by us. In which definition is indicated

1° the genus to which conscience belongs, namely dictate or judgment, and so it is distinguished from reason, which is a power, from synderesis, which is the habit of the first practical principles by which we are capable of having conscience, from moral science, which is the habitual acquired knowledge of the morality of acts in general, from prudence, which is the virtue inclining to rightly estimating all the circumstances of the concrete act, and to rightly judging of its morality, or to having a right conscience, and to commanding what it says: for conscience is not a habit but an act, and therefore is easily reformed and laid down; if it is said to persist, this is not to be understood as persisting in itself, but in its causes, which are reason and synderesis, or also the others mentioned above;

2° the subject in which it resides: a) the intellect: for the judgment is not in the will but precedes it, that it may will good and flee evil; if conscience is called good or bad, it is not such formally in itself (as if it were the subject of goodness), but regulatively and from its effect, insofar as it directs good or bad works;

b) the practical: for it does not stop in the contemplation of truth but directs to the execution of the work, and so it is distinguished from judgments merely speculative and from psychological conscience;

3° the specific object: a) affirming an act in particular, i.e. in the concrete with its end and circumstances considered, as it can here and now be placed, and so it is distinguished from the speculative-practical judgments of moral science;

b) to be licit or illicit, and so it differs from other practical judgments which deal with usefulness, fitness, facility, etc., among others from the ultimately-practical judgment;

c) and therefore here and now to be placed or omitted: for it judges about an act to be placed, not about an act already placed, and so it is distinguished from consequent conscience;

d) by us: for conscience regards only one's own acts and not those of others (Rom. XIV, 4; I Cor. IV, 4, 5).

202. Conscience is the conclusion of a practical syllogism; whose Major is from synderesis, e. g. evil is to be fled, — the minor from reason: now to have intercourse with such a married woman is an evil; — conscience draws the conclusion: therefore to me here and now that intercourse with her is illicit.

But just as in speculative syllogisms there can be a false conclusion, so also in conscience, either a) on the part of the form, because it is badly deduced from true principles that are not rightly applied, e. g. God is to be obeyed; but God commands that the needy be helped; therefore I ought here and now to help such a neighbor; — or b) on the part of the matter, because it is deduced from a false principle, e. g. What is not forbidden is not evil; but intercourse with such an unmarried woman is not forbidden; therefore it is not evil. For although in the Major falsity cannot occur, because synderesis does not err about the first principles, reason can nevertheless err in the minor about particular principles.

203. Principle. Conscience is the proximate and subjective rule of human acts, binding not by itself and by its own force, but by the force of the divine precept, because it applies the objective and remote rule or law to the particular case in order to the operation of the subject. As if the command of the emperor did not reach the citizens except through a legate, the command of the legate would not bind except because it promulgates the imperial command (q. 19, a. 5, ad 2; II Sent. d. 39, q. 3, a. 3, ad 3). Hence conscience is intimately and, as it were, the promulgation of the law with regard to the act to be placed here and now.

«Conscience, says S. Bonaventure, II Sent. d. 39, a. 1, q. 3, is like the herald and messenger of God; and what it says, it does not command from itself, but commands as from God, like a herald when he publishes the edict of the king; and hence it is that conscience has the power of binding». — Another comparison is used by S. Thomas, Q. D. de Ver. 17, a. 3, namely of a physical bond by which we are bound only through contact or application to a body, whence the moral bond or law binds only through the application of the law which is made through the knowledge of the precept and conscience: «Thus the command of one who governs stands in relation to binding in voluntary matters in that mode of binding which can accrue to the will (namely, by a necessity of moral obligation), as bodily action stands in relation to binding bodily things by a necessity of coercion. Now bodily action of an agent never induces necessity in another thing except through the contact of its coercion with the thing on which it acts. Hence neither by the command of any king or lord is anyone bound, unless the command reaches him to whom it is commanded. But it reaches him through knowledge. Hence no one is bound by any precept except through the knowledge of that precept... Just as in bodily matters a bodily agent does not act except through contact, so in spiritual matters a precept does not bind except through knowledge. And therefore, just as it is the same force by which touch acts and by which the power of the agent acts, since touch does not act except from the power of the agent, and the power of the agent not except through touch; so the same force is that by which the precept binds and that by which conscience binds, since the precept does not bind except by the force of knowledge nor knowledge except by the force of the precept. Hence, since conscience is nothing other than the application of knowledge to an act, it is evident that conscience is said to bind by the force of the divine precept».

From this it follows that conscience binds more than the precept of a human superior: «Conscience does not bind except by the force of the divine precept... Hence, since the divine precept binds against the precept of a prelate, and binds more than the precept of a prelate, conscience will be a bond greater than the bond of the precept of a prelate, and conscience will bind, the precept of a prelate being to the contrary» (ibid. a. 5).

But just as law, so conscience, by reason of the mode by which it binds, namely of obligation, is binding (or prescribing), whether negatively forbidding or positively commanding; and not binding (or not prescribing), which is permitting and counseling.

204. Remark. — Only antecedent conscience, because it alone influences the act, is its rule, but not consequent conscience, which supposes the act; hence beginners, who think otherwise, must be told that the goodness or malice of a past act is to be judged, not according to the knowledge they now have, but according to that which they had before the act.

Quaestio II: De conscientia prout est regula actuum moralium

205. Principle. Conscience is the rule of human acts in such a way that we never lawfully act against it when it commands or forbids; — but we always lawfully act according to it, if it has the required qualities.

It is proved: To act against conscience involves an evil will, for it is nothing other than to do what is judged by God to be forbidden or to omit what is commanded (Rom. XIV, 23). Hence the axiom: Whatever is done against conscience builds toward hell. This is to be understood of conscience commanding or forbidding, but not of counseling or permitting, because the latter does not bind. — On the contrary, to act according to conscience is to do what we judge to be commanded or at least permitted by God. But to do what we judge to be commanded or permitted by God of itself involves the will's conforming itself to the law and the will of God. Therefore it is lawful per se; namely, provided that that judgment of conscience has the required qualities, of which we are now going to speak.

Now there are two: on the part of the object, truth and rectitude must be present; — on the part of the subject, or of assent, certitude. For conscience is the rule and measure of human acts. But every measure must be adequate, i.e. true and right, not falsified; — and certain, not ambiguous. Hence conscience must be true and right on the part of the object; and certain on the part of the subject.

Articulus I: De rectitudine conscientiae

S. Th. I-II, q. 19, a. 3, 5, 6; Q. D. de Ver. 17, a. 2, 3, 4; in II Sent. d. 39, q. 3, a. 3; Quodl. III, 26, 27.

206. Notions. — Conscience must be right. Now there are two kinds of conscience, distinguished on the ground of the object, i.e. of conformity with the law: true and erroneous, according as it dictates the truth of the matter or falsehood. True is that which from true principles dictates that something in particular is licit or illicit which really is such, i.e. which is truly good or evil. Erroneous is that which from false principles, taken however as true, dictates that something in particular is licit or illicit which really is not such, e. g. that evil is what in itself is good or indifferent, good is what in itself is evil. It is erroneous vincibly if it can be overcome by moral diligence, but is not voluntarily overcome, whether directly on purpose, or indirectly from negligence; invincibly, if it cannot be overcome by moral diligence, either because someone in no way, not even confusedly, thought of inquiring about the truth, or because

Summa Theologiae Moralis I. — 13.

sincerely inquiring into the truth, he did not reach it. If conscience errs from an error which was previously vincible but is now invincible, although the antecedent error was a sin and graver in proportion as greater evils foreseen would have followed from it, nevertheless the actual judgment of conscience is truly invincible.

Now it is asked whether both kinds of conscience, true and erroneous, are the rule of acting and in some way sufficiently right. To solve this question many have distinguished negative conformity and positive conformity with conscience, saying that every conscience always obliges us not to act against it, but does not always oblige everything, i.e. does not oblige us to act according to an erroneous conscience: namely, it is always illicit to act against any conscience, but it is not always required to act positively in accordance with it. But this distinction is in general useless: for he who does not act according to a commanding and forbidding conscience but does not do what it commands or does not avoid what it forbids, by that very fact acts against conscience, because he does what it forbids or omits what it commands. Hence by the same reasoning we shall answer both points together under one head.

207. Principle I. A true conscience is per se the rule of acting, so that if it is commanding or forbidding, we are bound to conform to it both negatively, by not acting against it, and positively, by acting according to it.

It is said: a) per se, i.e. from its own nature, because it faithfully exhibits the law as it is in itself, whence it binds absolutely and in every event, and therefore the act conformed to it is per se good;

b) if it is commanding or forbidding: for if it counsels or permits, to act against it is not illicit, because we are not bound to do or omit what is commanded or forbidden by no law: for a counseling conscience binds us not to despise it, but not to fulfill it; — yet we can always act according to a true conscience, and indeed we have a right so to act.

It is proved 1° from Scripture, Rom. XIV, 23: Whatever is not from faith (uit goeder trouw, de bonne foi) is sin, i.e. he who does not act from belief, persuasion, judgment of conscience sins, as the Fathers commonly understand.

2° by reason: Conscience, because it intimates and applies the law, is the proximate rule of human acts, according to which their moral being is measured. But a true conscience rightly applies the law: for it is a faithful herald. Therefore the act which falls short of it is not conformed to the law but is morally evil. It is confirmed: A true conscience is the law itself, certainly known by us and applied to the act. But we are bound to follow the known law. Therefore.

208. Principle II. An invincibly erroneous conscience is per accidens the rule of acting, so that if it is commanding or forbidding we are bound to conform to it both negatively, by not acting against it, and positively, by acting according to it.

It is said: a) per accidens, i.e. not from its own nature, because it is not conformed to the law, but by reason of the ignorance which is believed to be conformed to it, whence it does not bind in every event but under a condition, if it lasts and as long as it is not laid down; and therefore the act conformed to it is per accidens good;

b) if it is commanding or forbidding: for if it counsels or permits, to act against it is not illicit, because invincible error excuses from sin; yet we do not have a right to act according to it, because no right to follow error is given.

It is proved 1° from Scripture: He who acts against an invincibly erroneous conscience does not act from faith or persuasion, and therefore according to the Apostle (Rom. XIV, 23) sins. This is clearer from the context, in which the Apostle, speaking of the eating of foods which are not in themselves evil but were erroneously held by many to be unclean, as forbidden by the Mosaic law, teaches that those sin who really think eating illicit, for in v. 14 he says: I know and am confident in the Lord Jesus that nothing is common (i.e. unclean) through itself, except to him who thinks something to be common, i.e. I am certain that no food is unclean by its nature except for him who thinks it unclean; and v. 23: But he who distinguishes, if he eats, is condemned, because not from faith, i.e. he who doubts about the licitness of food, if he eats what he doubts to be unclean, is condemned because he did not act from the persuasion (good faith) of conscience; a fortiori he who would eat what he certainly judged to be unclean. — Similarly I Cor. VIII, 7: But some, with a conscience of the idol until now, eat as if it were an idol-offering, and their conscience, being weak, is defiled. — Likewise Gal. V, 3: I testify to every man circumcising himself that he is a debtor to do the whole law, i.e. he who falsely thinks circumcision necessary for salvation, this judgment of conscience remaining, is consequently bound to observe the whole law. Hence Christ the Lord teaches that invincible error excuses, but not so vincible error (John IX, 41; XV, 24).

2° by reason: a) If an invincibly erroneous conscience proposes something as God's law, it is taken by the erring person as the law itself; if therefore he departs from this, he wills to depart from God's law and thus despises it, and acts badly. As if someone falsely believed that the command of the legate was the emperor's, by despising the legate's command he would despise the emperor's (a. 5, ad 1 and 2).

b) A human act tends toward an object as proposed by reason; if therefore erring reason proposes something as evil and man wills it, he does something he judges evil, and thus tends toward it under the aspect of evil and wills evil. And vice versa about good. It is confirmed: the will is a blind power; hence its goodness and malice does not depend on the object as it is in itself, but as it is proposed by reason and in the way it is proposed (a. 5; Quodl. III, 27).

209. Principle III. A vincibly erroneous conscience is not a legitimate rule of acting. For although it obliges us to conform to it as commanding, under condition provided it is not laid down, nevertheless there is an obligation to lay it down if perhaps it is the cause of doing evil or omitting prescribed good; hence we can neither act against it nor according to it^[1. Lest it be said that man, in this case, sins of necessity and is perplexed — we do not know what he should do. For, as S. Thomas says, q. 19, a. 6, ad 3: «just as in syllogistic matters, when one impossibility is given, the others must follow, so in moral matters, when one impossibility is posited, the others will follow of necessity, as when it is supposed that someone seeks vainglory, whether for vainglory he does what he is bound to do, or omits it, he will always sin; nor is he nevertheless perplexed, because he can lay aside the evil intention. And similarly, supposed an error of reason or conscience,.

It is proved: 1° He who acts against such a conscience does what he judges evil and thus sins; — but he who acts according to it does what he cannot rightly judge good, because he has negligently judged of its morality, and therefore he exposes himself to a proximate danger of formally acting badly and acts rashly and badly. It is confirmed: since he knows that he ought to inquire further about the truth, he voluntarily neglects it; hence he ought to fear that his action is evil, and cannot have security about its goodness (John IX, 41; XV, 24).

2° He who does not lay down a vincibly erroneous conscience, by that very fact acts badly, because at least indirectly the evil he works is willed, since the ignorance itself (or erroneous conscience) from which it follows was willed. And certainly vincible ignorance does not excuse from fault; therefore it does not excuse from actual fault, if it is actually vincible.

210. Which conscience is right. — Many call right only a true conscience. Others call an invincibly erroneous conscience right if it is conformed to the law, as happens if it arises from a speculative error (e. g. the conscience of Jacob approaching Lia, whom he thought was Rachel), and not right if it is at variance with the law, as happens if it arises from a practical error (e. g. the conscience of him who thinks theft licit). Others call an invincibly erroneous conscience right if it is logically deduced from a false principle, not right if illogically deduced. Others finally call every invincibly erroneous conscience, as prudently formed, right, not simply, but in a certain respect (and with respect to the agent, or quoad nos), in order to act, because it is the right and legitimate rule of acting: for although speculatively it is false, practically nevertheless it is true and dictates a practical truth, namely that which truly is licit here and now, and conformed to right appetite or honest will: namely it is true that in these circumstances it is licit or illicit for me. E.g. the dictate of such a conscience is from a right

who proceeds from inexcusing ignorance, evil must necessarily follow in the will; nor nevertheless is man perplexed, because he can depart from error, since ignorance is vincible and voluntary». — Similarly in Q. D. de Verit. 17, a. 4, ad 8: «It must be said that he who has a conscience (vinc. erroneous) of doing fornication, is not simply perplexed, because he can do something by which, having done it, he will not fall into sin, namely lay aside the erroneous conscience; but perplexed in a certain respect, namely while the erroneous conscience remains; and this is not unfitting that, some supposition being made, man cannot avoid sin, as with the supposition of an intention of vainglory, he who is bound to give alms cannot avoid sin: for if he gives from such an intention he sins; but if he does not give, he is a transgressor».

intention of doing good and avoiding evil, which is conformed to the superior principle of true morality: Good is to be done, evil is to be avoided, and in this way it is conformed to the eternal law of God. This will be clearer from the treatise on Prudence.

211. Corollaries. — From what has been said it is easily concluded:

1° That conscience binds: a true conscience per se, and an erroneous one until it is laid down; but that invincible, not however vincible, erroneous conscience excuses.

2° That man has an absolute right to follow an altogether true conscience, and this is the liberty which in the strict sense is liberty of conscience. With respect to an invincibly erroneous conscience, although man in the internal forum can and ought to follow it, he does not have a truly and properly right to do so, which would be founded on objective relations of things, but only a putative right; and especially he does not have an absolute right to follow it in external act: for legitimate authority can, not indeed punish one who is proved to have followed the dictate of conscience, but prevent him from following it externally, e. g. the Catholic State forbids the exercise of heretical or infidel worship, although those adhering not rarely follow the dictate of their conscience.

3° That there can be an act or sin against the law which is not against conscience, when conscience is ignorant of the law, but then the act is not formally but only materially evil. On the contrary, there can be an act or sin formally against an erroneous conscience which is not against the actually existing law; it is nevertheless against the reputed law, whence although it is not materially against the law, it is formally against it, and is against the eternal law which dictates that what is thought to be commanded or forbidden is not to be done. Finally, every formal sin against the law is also against conscience.

Hence it is understood that in a certain sense conscience binds more than God's law: «Conscience does not bind by its own virtue but by the virtue of the divine precept: for conscience does not dictate something to be done for the reason that it seems so to it, but for the reason that it is commanded by God; hence per accidens by the virtue of the divine precept it binds insofar as it dictates as commanded by God, and therefore conscience binds more than the divine precept by whose virtue it binds. As is clear if the king's precept did not reach the people except through some prince: if the prince said: this is the precept of the king, although it were not true, his dictate would bind as the precept of the king» (II Sent. d. 39, q. 3, a. 3, ad 3).

4° Nevertheless a purely erroneous conscience, or erroneous as such, per se cannot bind, for obligation supposes a law not imaginary but existing and applied to the subject. Hence in the case of an invincibly erroneous conscience we are bound, not by the law which does not exist but which conscience erroneously affirms, but by a certain superior principle of law, or by the universal natural law: Good is to be done, evil is to be avoided, which forbids acting against what, after diligent consideration, we think good and commanded by God, or evil and forbidden. Hence such a conscience is in some way true, namely practically, because it is true that, such a conscience remaining, it is licit to act according to it; and it is right, as conformed to a right intention, which itself is right because conformed to a superior principle and thus to the eternal law.

This is to be applied to every conscience erroneous and here and now invincible, even if it arises from antecedent vincible and culpable ignorance, provided it is actually invincible because not noticed. Such a conscience was culpable in cause, but is the legitimate rule of acting here and now, and the action following from it is not culpable in itself, although it can be culpable in cause.

5° On the contrary, a vincibly erroneous conscience can in no way be called right or true, because, since sufficient inquiry is lacking, the agent cannot sincerely and in truth judge the act to be good or evil, nor sincerely will to do good and avoid evil. Such a conscience, therefore, is simply erroneous.

212. Remark. — On the way of discerning and laying down an erroneous conscience and on the obligation of disabusing those who err in conscience, as also on the sin of acting against conscience, will be spoken in the treatise on Prudence.

Articulus II: De conscientiae certitudine

S. Th. in IV Sent. d. 21, q. 2, a. 3; Quodl. VIII, q. 16, a. 13.

213. Notions. — Conscience must also be certain. Now on the ground of the subject, i.e. on the part of the act of assent or adherence to the object, conscience is either certain if its judgment adheres firmly to someone, or uncertain or opinative if it adheres but with fear of the opposite. Certain conscience, therefore, is that which formally in itself and in all the principles from which it is formed excludes the fear of the opposite, and therefore firmly and without fear of erring judges that something in particular is licit or illicit.

Now we ask whether conscience, to be the rule of acting, must be certain.

214. Principle. The legitimate rule of acting is certain conscience alone, by which namely a man prudently forms for himself a certain judgment that the action to be placed here and now is licitly and honestly placed; whence such conscience is required for lawful action.

It is proved 1° from Scripture, Rom. XIV, 23: Whatever is not from faith is sin; but he who is uncertain does not act from conviction, and therefore what is done from an uncertain conscience is not from faith or persuasion; therefore it is sin. This conclusion the Apostle explicitly posits, deducing it from the said principle: He who distinguishes (i.e. he who hesitates or doubts whether to eat some food is licit), if he eats, is condemned, because not from faith. Hence Eccli. XXXVII, 20: Before every work let the word precede thee, and before every act stable counsel.

2° by reason: a) He who acts with an uncertain conscience has a reasonable and well-founded fear of malice, and uncertainty about the goodness of his act. But he who is uncertain about the goodness of his act and nevertheless acts, wills to place it whether it be against the law or not, and thus hypothetically consents to evil, and has an evil will, and despises the law of God and acts badly. It is confirmed by the example of a servant who, doubting whether something is against his master's will, neglects to seek the master's will if he can and nevertheless acts: he would be held guilty by all. Likewise he who would do what he suspects to offend a friend, would be held by that very fact to offend him and despise his friendship.

b) He who voluntarily exposes himself to a proximate danger of formally sinning and offending God, acts badly. But he who says: it is uncertain whether in fact it is evil, and acts, acts rashly because he does what he fears may offend God, and so exposes himself to a proximate danger of formally sinning and offending God. Therefore he acts badly. Hence Augustine against the Donatists: «To receive (Baptism) in the part of Donatus,..., if it is uncertain that it is a sin, who would doubt that it is certain sin ».

c) Conscience is the rule and measure of our acts. But a measure cannot be ambiguous, but must be certain. Therefore conscience must be certain.

215. Applications. — From what has been said it follows:

  1. He who has no certain practical judgment about the licitness of an action, that is, no certain conscience, cannot act; and if he must absolutely act, is bound to do what is safer, i.e. what is more favorable to the law (or obligation) and more removes from the danger of acting badly. Hence the axiom: In practical doubts the safer way is to be chosen.

  2. He who has no certain direct, speculative-practical judgment about the objective and material honesty of an action, does not for that reason always lack a certain practical judgment about its subjective and formal honesty, but sometimes has a certain conscience from a certain superior principle and from a reflex judgment of the intellect reflecting upon its own act and applying that principle, e. g. although the morality of such an action is doubtful to me, it is certain to me that I ought to place it if a superior commands, both because the presumption stands for the superior who therefore commands by his right, which certainly holds, and is not to be deprived of it by the doubt of subjects, and because the right order of the common good forbids that subjects deny obedience unless it certainly appears that the superior is abusing his power; — although I doubt whether such a work is servile, it is certain that I may exercise it if the parish priest has said so; — although in itself it is uncertain whether a sacrament is validly and licitly administered in such matter, it is certain to me that I ought regularly to abstain from such administration out of reverence for the sacrament, in case of necessity to employ it; — although such a man is probably guilty, it is certain that a judge cannot condemn him unless he is proved certainly guilty, etc., for there are many similar cases as determined in special treatises.

  3. Specifically, a practical judgment is to be held certain, e-

in IV Sent. d. 21, q. 2, a. 3: «He who commits or omits anything in which he doubts that there is mortal sin, exposes himself to danger». Likewise in Scotus, q. 2, prol., and in IV Sent. d. 30, q. 1, i; and in S. Alphonsus Th. M., l. 1, n. 22.

ven if a speculative doubt remains, and a certain conscience of a special obligation arises, whenever there is a certain and absolute obligation of obtaining a determinate end which otherwise perhaps would not be obtained, e.g. whenever a good effect (e.g. salvation, sacrament, health) is absolutely to be obtained, or an evil (harm, death, damage) absolutely to be avoided, and doubt exists not only about the honesty but also about the necessity or efficacy of the means required for this and about the validity of the act or deed. Then namely there intervenes a certain superior law which dictates in doubts about the validity of the act to be placed that it is safer to act. From which reflex judgment an objectively uncertain obligation becomes subjectively certain. The reason is, because if the honesty of an action depends on our reason and conscience, the value of the action or the averting of harm does not so depend, for our doubt or judgment cannot change the nature of things, nor therefore render an invalid act valid, or cause that the due effect arises from the action, or prevent harm from following it; e.g. a doubt or opinion however probable cannot effect that what is not a sacrament becomes a sacrament, or that what is rather poison becomes medicine. Hence in this case the certain natural law forbids exposing oneself to the danger of not obtaining the end or of bringing harm, by employing namely a means that is perhaps inefficacious or harmful. To expose oneself to danger of this kind, specifically, is most illicit, in doubts about those things necessary by necessity of means for eternal salvation: in these namely the safer and more certain course is to be followed.

  1. He who is uncertain, not indeed about the value of the act or the necessity of means, but about its mere honesty or mere necessity of precept, must, before he can act, lay aside his doubt either by more diligently inquiring into the truth or by consulting the more learned, and form for himself a certain conscience about the honesty of the action, at least indirectly from a reflex judgment applying some certain general principle. How this can be done in various cases and doubts, all circumstances being considered, prudence teaches, and therefore it will be explained in the treatise on prudence. But if such means are lacking here and now, he must abstain from action; or if he cannot absolutely suspend it, he must choose what is safer, as has been said above, in 1).

Quaestio III: De conscientia christiana prout est regula actuum supernaturalium

216. What supernatural conscience is. — In the supernatural order, there must also be a supernatural conscience which judges the quality and supernatural value, or the supernatural morality, of our acts. It can be defined as: a judgment or dictate of the practical intellect affirming that the act to be placed here and now in particular is supernaturally good or also meritorious of eternal life, or is not.

It differs from natural conscience:

a) in object: natural conscience regards only the natural goodness of an act, supernatural conscience also its supernatural goodness; it asks namely further whether the act tends toward the supernatural end, or does not tend toward it or even turns away from it;

b) in end or motive: natural conscience proceeds from a love of natural honesty, and intends to conform acts to reason; supernatural conscience also proceeds from a certain love of God himself, at least initial and imperfect, and intends to conform acts to the divine life begun or consummated, and to avoid the loss of this life and of God himself for eternity;

c) in the law whose application it is: natural conscience applies the natural law, or also the human law which perfects and determines it; supernatural conscience also applies the divine positive law, or also the ecclesiastical law which determines and completes it.

217. Relation between natural and super- natural conscience. — Supernatural conscience does not exist separately and independently of natural conscience, so that in the faithful there would be two disparate and collateral consciences alternating with each other (e.g. the philosophical conscience of the Stoic and the Christian conscience of the faithful man); but supernatural conscience includes the natural and subordinates it to itself, so that there is harmony and unity in the whole life and activity of man, and this whole is governed with all its acts by supernatural conscience. Hence in the faithful natural conscience is transformed and becomes supernatural; having become supernatural, it includes the natural but surpasses it, so that the faithful is bound

  1. also to act as a man, and further as a son of God;

  2. also to live honestly the natural life, but also more, namely to live supernaturally the divine life;

  3. to observe the natural law, but also the new and positive precepts of God and the Church with regard to the sacraments, penance, religious piety toward God, and divine friendship;

  4. to do good and to cultivate virtue according to the measure of reason, but also according to the more excellent measure of the divine law, in order to the more excellent divine life according to the exemplar of Christ Jesus humbling himself, suffering, and obedient even unto death.

In one word, supernatural conscience does not destroy but perfects the natural, just as grace does not destroy but perfects nature.

218. Formation of supernatural conscience. — Supernatural conscience follows no other process than natural conscience, since grace does not destroy but perfects nature, although it is ordered to acts of greater excellence. Hence it is the conclusion of a syllogism. For just as natural conscience is founded on the first principle of synderesis: Good is to be done, evil is to be avoided, and on the natural inclination of the will toward honest good or of reason; so supernatural conscience is founded a) on the first practical principles of faith, e. g. We must tend to God as the supernatural end, or: The Supreme Good in itself to be possessed by the beatific vision is to be loved above all things, or: The happiness which consists in the vision of God is to be sought, or: God, ordaining us to his friendship and fellowship of his life, is to be obeyed; and b) if it is perfect, on faith informed by charity, which inclines to the divine good, and on sanctifying grace.

The Major is not from synderesis alone, but chiefly from faith, informatively elevating and subordinating reason and synderesis; faith in the just obtains help from the gifts of understanding, knowledge, and wisdom under the influence of the Holy Spirit indwelling and moving;

the minor is from reason under the influence of grace inspiring supernatural prudence with its adjuncts; in the just, however, under the influence of the habit of infused prudence (with the virtues annexed) and also sometimes under the influence of the gift of counsel through the Holy Spirit: for just as for living honestly we seek counsel from the wise and prudent, so, in place of human counselors, the Holy Spirit himself indwelling deigns to be our counselor in order to eternal life.

the conclusion is enunciated under the influence of supernatural prudence with its adjuncts.

The immediate principle, therefore, of supernatural conscience is infused prudence with the virtues annexed; the mediate principles are the theological virtues and the gifts of the Holy Spirit indwelling and moving, so that God himself immediately grants all the forces of this conscience. Christian conscience namely in its origin, progress, and perfection is the work of divine grace.

219. Corollaries. — 1) Therefore supernatural conscience is more perfect than the natural and perfects it, for a) it surpasses it, as has been said in n. 217; b) it is clearer, because it rests on the principles of faith, is illumined by faith, and is formed under the help of grace; c) it is more certain, because the divine revelation on which it rests is more certain than human reason, as given to us by the infallible authority of God and proposed by the infallible authority of the Church, and because it has its security from the light of the Holy Spirit.

  1. Since Christian conscience includes natural conscience, to be the rule of honest acting it must have the same qualities, namely rectitude and certitude.

  2. Nevertheless, for conscience to be the rule of supernatural acts, that invincibly erroneous conscience is not sufficient by which namely someone in good faith would think that an act is supernatural, or meritorious of eternal life. Good faith may suffice for honesty, because honesty depends on our conscience or judgment, but not so the supernatural value of the act. For the judgment of reason or conscience cannot make an act to be supernatural and proceed from grace, and to be efficacious for obtaining eternal life. The question is namely not only about honesty but also about the validity of the act and the efficacy of the means for the end (n. 215, 3°).

Tractatus IV: De legibus in genere

Introductio

§ I: De lege secundum esse psychologicum

Pars I: De lege in genere

Quaestio I: De ipsa lege in se

Articulus I: De essentia legis

Articulus II: De promulgatione legis

Quaestio II: De distinctione legum

Quaestio III: De effectibus legis

Articulus I: De vi directivâ seu obligatione legis

Articulus II: De vi coactivâ seu sanctione legis

Pars II: De lege aeterna quae est fundamentum omnis legis

Quaestio I: De essentia legis aeternae

Quaestio II: De potestate legis aeternae

Quaestio III: De mutabilitate legis aeternae

§ I: De legibus quae regunt actus morales

Pars III: De lege naturali

Quaestio I: De essentia legis naturalis

Quaestio II: De potestate legis naturalis

Articulus I: De vi directivâ seu obligatione legis naturalis

Articulus II: De vi coactivâ seu sanctione legis naturalis

Quaestio III: De mutabilitate legis naturalis

Quaestio IV: De Lege Humana in Se

Articulus I: De Auctore legis civilis

Articulus II: De Qualitate legis humanae

Articulus III: De Efformatione legis humanae

Articulus IV: De Divisione legis humanae

Quaestio V: De Potestate Legis Humanae

Articulus I: De Materia legis humanae

Articulus II: De Obligatione legis humanae

Articulus III: De Subditis legis civilis

Articulus IV: De Impletione et Interpretatione legis humanae

Quaestio VI: De Mutabilitate Legis Humanae

Caput I: De Lege Vetere

Quaestio I: De Lege Vetere Secundum Se

Quaestio II: De Potestate Legis Veteris

Quaestio III: De Mutabilitate Veteris Legis

Caput II: De Lege Nova

Quaestio I: De Essentia Legis Novae

Quaestio II: De Potestate Legis Novae

Quaestio III: De Lege Ecclesiastica Secundum Se

Articulus I: De Auctore legis ecclesiasticae

Articulus II: De Materia et Qualitate legis ecclesiasticae

Articulus III: De Efformatione legis ecclesiasticae

Articulus IV: De Divisione legis ecclesiasticae

Quaestio IV: De Potestate seu Obligatione Legis Ecclesiasticae

Articulus I: De Quantitate seu Gravitate Obligationis

Articulus II: De Qualitate et Extensione Obligationis legis praeceptivae

Articulus III: De Qualitate et Extensione Obligationis legis poenalis

Articulus IV: De Qualitate et Extensione Obligationis legis irritantis

Articulus V: De Subditis legis ecclesiasticae

Articulus VI: De Impletione legis ecclesiasticae

Articulus VII: De Interpretatione legis ecclesiasticae

Quaestio V: De Mutabilitate Legis Ecclesiasticae

Articulus I: De Ignorantia

Articulus II: De Impotentia

Articulus III: De Dispensatione

Articulus IV: De privilegio

Articulus V: De cessatione finis

Articulus VI: De abrogatione et derogatione

Articulus VII: De consuetudine

Tractatus V: De peccatis in genere

Introductio I: De Peccatis in Genere

Quaestio I: De essentia peccati

Articulus I: De notione et conditionibus peccati

Articulus II: De peccato omissionis negative voluntario

Articulus III: De peccato commissionis externo, indirecte aut in causa voluntario

Articulus IV: De elementis constitutivis peccati

Articulus V: De definitione peccati

Quaestio II: De distinctione peccatorum

Articulus I: De distinctione specifica

Articulus II: De distinctione numerica

Quaestio III: De comparatione et gravitate peccatorum

Quaestio IV: De subiecto peccati

Articulus I: De motibus seu peccatis sensualitatis

Articulus II: De consensu in delectationem seu de delectatione morosa

Articulus III: De consensu in actum seu de desiderio et gaudio

Pars I: De causis peccatorum

Quaestio I: De causis peccati interioribus

Articulus I: De ignorantia causa peccati ex parte rationis

Articulus II: De passione causa peccati ex parte appetitus sensitivi

Articulus III: De malitia causa peccati ex parte voluntatis

Quaestio II: De causis peccatorum exterioribus

Articulus I: De deo permittente

Articulus II: De diabolo tentante

Articulus III: De homine cooperante

Quaestio III: De peccato quod est causa alterius peccati

Articulus I: De modo quo unum peccatum alterum causat

Articulus II: De superbia et inani gloria

Articulus III: De avaritia

Articulus IV: De luxuria et gula

Articulus V: De invidia et ira

Articulus VI: De acedia

Pars II: De effectibus peccatorum

Quaestio I: De diminutione boni naturae

Quaestio II: De reatu culpae seu macula peccati

Quaestio III: De reatu poenae

Quaestio IV: De peccato mortali et veniali

Articulus I: De differentia inter peccatum mortale et veniale

Articulus II: De gravitate peccati mortalis

Articulus III: De conditionibus ad peccatum mortale requisitis

Articulus IV: De divisione peccati mortalis et venialis

Articulus V: De conversione peccati mortalis et venialis

Articulus VI: De peccato veniali secundum se

Tractatus VI: De habitibus et virtutibus in genere

Introductio I: De Habitibus et Virtutibus in Genere

Pars I: De habitibus in genere secundum esse psychologicum

Quaestio I: De essentia habitus

Quaestio II: De subiecto habitus

Quaestio III: De causa habituum

Quaestio IV: De distinctione habituum

Pars II: De habitibus secundum esse morale seu de virtutibus acquisitis

Quaestio I: De essentia virtutis

Quaestio II: De subiecto virtutis

Quaestio III: De distinctione virtutum

Articulus I: De virtutibus intellectualibus

Articulus II: De virtutibus moralibus

Articulus III: De virtutibus cardinalibus

Quaestio IV: De proprietatibus virtutum

Articulus I: De medio virtutis

Articulus II: De connexione virtutum

Articulus III: De aequalitate virtutum

Articulus IV: De duratione virtutum

Pars III: De habitibus secundum esse supernaturale seu de virtutibus infusis

Quaestio I: De existentia et essentia infusorum habituum ac virtutum

Quaestio II: De distinctione infusorum habituum et virtutum

Articulus I: De virtutibus theologicis

Articulus II: De virtutibus moralibus

Articulus III: De donis spiritus sancti

Quaestio III: De causa infusorum habituum et virtutum

Quaestio IV: De proprietatibus infusorum habituum et virtutum

Articulus I: De medio virtutum infusarum

Articulus II: De connexione habituum infusorum

Articulus III: De aequalitate habituum infusorum

Articulus IV: De duratione habituum infusorum

Tractatus VII: De fide divina

Introductio

Quaestio I: De Obiecto Formali Fidei

Quaestio II: De Obiecto Materiali Fidei

Articulus I: De obiecto materiali in se

Articulus II: De conditionibus ad obiectum materiale requisitis

Articulus III: De evolutione obiecti materialis

Articulus IV: De ecclesia proponente obiectum fidei

Pars I: De Actu Fidei

Caput I: De Actu Fidei Interiore

Quaestio I: De Essentia Actus Fidei

Quaestio II: De Analysi Actus Fidei

Articulus I: De ipso actu fidei

Articulus II: De ipso credulitatis affectu

Articulus III: De iudicio credibilitatis seu de praeambulis fidei

Quaestio III: De Necessitate Fidei

Caput II: De Actu Fidei Exteriore seu de Eius Confessione

Pars II: De Habitu Fidei

Quaestio I: De Ipsa Fide

Articulus I: De fide in ordine ad subiectum spectata

Articulus II: De fide spectata relative ad virtutes supernaturales

Articulus III: De fide spectata relative ad habitus intellectuales

Quaestio II: De habentibus fidem

Quaestio III: De causa et effectibus fidei

Quaestio IV: De donis fidei correspondentibus

Pars III: De vitiis et peccatis fidei oppositis

Quaestio I: De peccatis directe oppositis fidei

Articulus I: De infidelitate

Articulus II: De haeresi et apostasia

Quaestio II: De peccatis indirecte oppositis fidei

Articulus I: De communicatione cum infidelibus et haereticis

Articulus II: De cooperatione ad infidelitatem et haeresim

Articulus III: De lectione et evulgatione scriptorum prohibitorum

Articulus IV: De admissione vel professione doctrinae quae pro fide est periculosa

Quaestio III: De blasphemia quae opponitur confessioni fidei

Pars IV: De praecepto fidei

Quaestio I: Quaestio unica

Tractatus VIII: De spe divina

Introductio

Pars I: De obiecto et actu spei

Quaestio I: De obiecto formali spei

Quaestio II: De obiecto materiali spei

Quaestio III: De necessitate spei

Pars II: De habitu et subiecto spei

Quaestio I: De spe ut est virtus

Quaestio II: De subiecto spei

Quaestio III: De timore dei

Pars III: De peccatis spei oppositis

Quaestio I: De desperatione

Quaestio II: De praesumptione

Pars IV: De praecepto spei

Quaestio I: De Praecepto Spei

Tractatus IX: De divina charitate

Introductio I: De Divina Charitate

Pars I: De ipsa charitate

Quaestio I: De essentia charitatis

Quaestio II: De excellentia charitatis

Articulus I: De excellentia charitatis in se

Articulus II: De excellentia charitatis relative ad alias virtutes

Quaestio III: De charitate quoad subiectum spectata

Articulus I: De subiecto et generatione charitatis

Articulus II: De augmento charitatis

Articulus III: De diminutione et amissione charitatis

Pars II: De obiecto charitatis

Quaestio I: De obiecto formali

Quaestio II: De obiecto materiali charitatis

Articulus I: De diligendis ex charitate generatim

Articulus II: De diligendo deo

Articulus III: De diligendo seipso

Articulus IV: De peccatoribus diligendis

Articulus V: De inimicis diligendis

Quaestio III: De ordine charitatis

Articulus I: De ordine inter deum et nos

Articulus II: De ordine inter nos et proximum

Articulus III: De ordine inter varios proximos

Pars III: De actibus charitatis

Quaestio I: De actu proprio seu dilectione

Quaestio II: De effectibus internis charitatis

Quaestio III: De actu charitatis externo seu beneficentia

Articulus I: De eleemosyna corporali

Articulus II: De eleemosyna spirituali seu correptione fraterna

Pars IV: De peccatis charitati oppositis

Quaestio I: De odio quod opponitur dilectioni

Quaestio II: De peccatis oppositis gaudio

Articulus I: De acedia

Articulus II: De invidia

Quaestio III: De peccatis oppositis paci

Quaestio IV: De peccatis oppositis beneficentiae

Articulus I: De scandalo activo

Articulus II: De scandalo passivo

Articulus III: De quibusdam scandalis in specie

Pars V: De praeceptis charitatis

Quaestio I: Quaestio unica

Appendix I: Excursus de philosophorum systematibus circa fundamentum et normam moralitatis

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