Question III: Whether mortal sins on a feast are forbidden by this precept

The observance of the feast day is called the sanctification of that time to the honor and worship of God and the veneration of the saints. So Scripture speaks, Exodi 20.: Remember that you sanctify the Sabbath day. Therefore it adds: you shall not do any work in it, because this consecration is made through cessation from servile works. So S. Bonavent. 3. dist. 37. dub. 3. litt. and in serm. 4. de decem praeceptis, D. Thom. 2. 2. quaest. 122. art. 4. ad 3. Suarez Tom. 1. de Relig. lib. 2. de diebus festis, cap. 2. Azor Tom. 2. cap. 1. Fagundez lib. 1. cap. 3. Since therefore the feast day is ordered to the worship and sanctification of God, the question arises: whether mortal sin is prohibited by this precept, in such a way that to sin lethally on that day be called a transgression of the feast.

The first opinion is affirmative. So expressly D. Thom. loco cit. Ales. 3. part. quaest. 32. memb. 3. art. 2. ad ult. and memb. 5. art. 2. Albertus memb. 3. dist. 37. D. Antonin. 3. part. tit. 9. cap. 7. §. 3. and 5. part. tit. 14. cap. 19. §. 7. and tit. 17. cap. 17. §. 4. and 5. where Lyranus cap. 20. Exodi, where the same is taught by Abulensis quaest. 11. and 12. Medina Cod. de oratione, quaest. 10. and 19. Maior 4. dist. 14. quaest. 4. Angelus V. feria, num. 36. and V. Interrogationes circa tertium praeceptum. and V. Praeceptum, Rosella V. confessio, 2. num. 7. Catherinus lib. 5. contra Caietanum, Corduba lib. 1. quaest. 6. who says the opposite opinion is not safe, and he brings forward many.

The same hold Scotus, and Gabriel. 3. dist. 15. and the same Gabriel in 4. dist. 17. quaest. 1. conclusione 4. Angestus in moral. cap. 8. Nidet in 3. praecepto, cap. 1. and cap. 9. The same seems to be the sense of D. Ambrosius on Lucae 13. as at D. Thom. D. Augustinus epist. 119. and lib. de decem chordis, cap. 5. and cap. consideret. initio de poenit. dist. 15. v. In tempore, and V. orationi conflicto: And it seems to be the approved opinion in the Council of Cologne, convoked in the year of the Lord 1536. In the Tractate on exterior penance, fol. 180. where it teaches that he sins twice who spends the Lord's day with harlots and quarrels, fistfights, and obscenities. Fagundez says it is probable lib. 1. cap. 9. bringing forward also D. Bonaventuram in 3. dist. 37. dub. 3. litt. and in speculo animae, cap. 1. Add also serm. 4. de decem praeceptis. Therefore if the Seraphic Doctor is led to it, all the ancient and illustrious Theologians have it as patrons.

The second opinion, on the contrary, denies that the precept of the observance of the feast day specially forbids all mortal sins. So Suarez Tom. 1. de relig. lib. 2. de diebus festis, cap. 18. Azor tom. 2. cap. 28. quaestio 10. Caietanus prima secundae, quaest. 7. art. 1. and 2. 2. quaest. 122. art. 4. and in summa v. festorum violatio, and in opuscul. quaest. 27. quod, 10. Sotus in 4. dist. 18. quaest. 2. art. 4. lib. 2. de Iustitia, quaest. 4. art. 4. Victoria in summa, de sacram. tit. de confess. num. 195. Abulensis in 4. dist. 17. quaest. 1. Sylvester V. Dominica, quaest. 8. dist. 4. and in Rosa aurea casu 65. where he says the most learned men of his order commonly hold thus. Navarras in cap. consideret, num. 22. and Manuali Lat. cap. 6. num. 9. Fumus V. Fevia, num. 12. Tabiens ibi, num. 47. Angles in floribus, quaest. 9. de confess. pag. 288. Couar. in cap. Alma mater, part. 1. §. 5. num. 3. and lib. 3. var. cap. 19. Guttierr. lib. 1. can. qq. cap. 31. Fagundez num. 1. who brings forward also D. Thom. 4. dist. 32. art. 5. quaest. 1. and in 3. dist. 37. art. 5. quaest. 2. ad 2. Bonacina puncto 2. Bassaeus 1. num. 3.

AS TO D. Bonaventure, he indeed seems clearly for the first opinion. Yet if it be thoroughly considered, he asserts indeed that the end of this Precept is the sanctification of the soul through good works, so that for that reason he wills that abstention be made from servile and worldly labors, that we may be free in quiet for the service of God; and so to act against the end intended by God is to yield, for he indeed does not labor in servile physical works, but only in works of sins, which indeed are metaphorically servile, and therefore he says that he does worse who applies himself to sins, frequenting theaters, luxury, drunkenness, than he who labors on the feast, because such a one, although he esteems one mean of being free for God from distracting servile works, yet operates other means contrary to the end, and more diametrically opposed to the Divine law, as overturning the end; and therefore in the places cited, and serm. 2. Sabbathi sancti, he complains with D. Augustinus that thus the Sabbath is not observed to the end intended by God; nevertheless he does not seem to impose anything except that we be free from physical servile works, and so he alleges the precept of the Divine law Exodi 20. and 35. and Levit. 23. and in 3. dist. 37. he says that cessation from servile works is imposed, and to signify that one must abstain from the servile works of sin, and as such it was significative, not only moral, and wittily for the full impletion of the other morals. And he says that especially by this precept servile works are forbidden, especially those directed to gains. Nor only these, but indeed more and more diligently carnal works, drunkenness, luxury, etc. and he adds the testimony of D. Augustinus saying: Not to keep the feast day according to the mind of God, in which manner the Jews observe it with carnal idleness; for they will to observe it for their trifles and luxuries; and therefore it would be a lesser evil on feasts, if they labored, than to dance all day impudically at the neomeniae. And explaining the testimony of D. Augustinus, he says: But he says this, not because one must cease on solemn days from the business of exterior acts; but because the Prelates of the Church, whose it is to institute these feasts, and to determine how and in what manner one must cease from exterior work, must rather call back from those things which offer a greater occasion of sinning. Whence to avoid idleness, or unfit solace, Augustine says that they ought rather to exercise themselves in works of piety than to apply to disordered and lascivious businesses: On which account on those days they ought to frequent the Churches, hear Masses, etc.

HENCE I gather quite soundly, that that precept of sanctifying the feast by abstaining from sins is indeed not the end of the precept, but only imposes a means of abstaining from servile works; and of applying oneself to some work of Religion, which is deputed in the Mass; Moreover it falls more to the Prelates to call the peoples back from sins.

He says in serm. 4. cited that this is truly the perfect vacation, which has joined to it a good operation, and forbids the servile one. Where he seems to intend the perfection indeed of the vacation of the feast, but not to constitute its essence in good works and the turning aside from sins. Therefore it is not so clearly for the first opinion. Which more, in the third argument, I will show from his words, with which he seems to me to embrace the second.

I ASSERT first, that the former opinion can be defended with probability, namely that mortal sins committed on the feast add a circumstance of malice.

It is PROVED by the authorities brought for it. First indeed by D. Bonav. from D. Augustino epist. 119. and lib. de decem chordis: The Jew would do better on the Sabbath something useful in his field; than if he were seditious in the theater. And their women would do better to work wool on the Sabbath day, than to dance all day impudically at the neomeniae.

Yet it can be answered that the S. Father intends only that the works of mortal sin against the law of nature are more against the end intended by God in the sanctification of feasts, than servile labors against the human precept of the feast day.

It is PROVED second from cap. Consideret. initio 15 de poenit. dist. 1. §. under the word In tempore, and the word orationi constituto, where it is prescribed that we confess the circumstance of the feast time in mortal sin.

Yet it can be answered with Navarro ibi num. 32. Guttierr. lib. 1. de qq. can. cap. 31. Suarez loco cit. num. 17. Fagundez n. 7. that this is a counsel, not a decree commanding, as appears from the tenor of the words.

The Council of Cologne above is also brought forward, but it was Provincial, not confirmed by the Apostolic See, and erring even in the matter of justification, as Fagundez notes num. 12. with Guttier. num. 36.

It is PROVED third by D. Bonavent. serm. 2. de Sabbatho sancto, and other places from Levit. cap. 16. It is the Sabbath of rest, and you shall afflict your souls, and you shall be cleansed from all your sins, and cap. 23. You shall afflict your souls, etc. You shall do no servile work on this day; every soul that shall not be afflicted on this day shall perish from its people, that the Lord may be propitious to you.

Guttierr. num. 33. Cano, and Couarruvias answer, to whom Fagundez subserves himself num. 12. from D. Bonavent. sermone 4. cited, where he says: But if we understand, as the Jews, who say that a universal cessation must be made from every servile work, so it is insinuated to the Christian that he must abstain from every sin, and so it is figurale. If we understand, that we must abstain from certain things, so it is moral, not as in the precept, and as in the bene esse, and it remained as in the Ecclesiastical institution it is a precept: I say servile works, mechanical works, etc. These things S. Bonaventure, by which he shows that there the sermon was about propitiation, or ceremonial sanctification; but that to abstain from sin is indeed signified by the precept of vacation from servile works, not commanded: For sin is servitude only metaphorically, as Suarez notes num. 7. Fagundez num. 3.

Moreover, that servile work which is forbidden by this precept is mechanical, as D. Bonav. says here, D. Thom. and others at Fagundez. From which you have that the Seraphic Doctor seems to be for the first opinion.

It is PROVED fourth by S. Thomas in the places cited, and D. Thom. loco cit. by the argument which the others use: the end of the law is the soul of the law: But the end of the law of sanctifying the feast is the application of man to the service of God. To this mortal sins are more repugnant than manual mechanical works. If therefore by these the feast day is violated, much more is it violated by mortal sins.

It is ANSWERED, that not only by this precept is the end of the law, which is Charitas, not commanded, but neither every means; but only that which is properly expressed, which is to be free from servile labor, by which we are distracted; but sins are sufficiently forbidden always by the individual precepts. But if by this precept all impediments were forbidden, we would now be bound to be free the whole day for prayer and other pious works; to avoid walks, conversations, etc.

I ASSERT second, that the second, negating opinion is more probable.

It is PROVED first from D. Bonavent. in the cited sermon, in the words brought, by the reason which is the chief foundation, as Fagundez says num. 2. for that precept forbids only truly servile works, for Exodi 20. it is thus had: Remember that you sanctify the Sabbath day. Six days shall you labor, and shall do all your work. But on the seventh day you shall not do all your work, you, and your son, and your daughter, your manservant, and your maidservant, your beast of burden, and the stranger that is within your gates; for in six days God made heaven, and earth, the sea, and all things that are in them, and on the seventh day He rested. Therefore He blessed and sanctified it. Scripture has similar things cap. 12. 16. and 23. where under the name of servile work mechanical works are explained.

From these words S. Thomas draws that the work forbidden by this precept is that which is with the middle labor of the seven days of the week, with the aid of servants, maidservants, or beasts of burden; but this is not sin, but they are mechanical works, which he enumerates as seven, and they are referred to the following quaest.

It is CONFIRMED; for that rest is to commemorate the work of the making of the world. Therefore S. Thomas proves it deeply from the law itself.

S. Thomas DEDUCES moreover at the end, that one is bound to abstain from servile works, not only the lord himself, but to bring it about that also those abstain who are under his power, as sons, wife, maidservants, servants, and beasts of burden. But he intersperses some excellent Mystical things, which see there.

It is confirmed, because the work of sin, as sin, is not a servile work, as I showed.

It is PROVED second from D. Bonavent. in the places cited. The extrinsic end of the precept is not precepted, but only the expressed means, as they teach commonly with D. Thom. 1. 2. quaest. 100. art. 9. and 1. 2. q. 44. art. 1.

It is CONFIRMED, for neither was it ever understood by the Jews that by this precept all sins were forbidden, since they are sufficiently forbidden by their own precepts: Therefore much less to the Church, for to it many things are conceded which were not lawful to the Jews, as to walk, etc. as D. Bonavent. notes in 3. loco cit.

Corduba strives to overturn these most solid foundations.