Chapter — Concina, Compendium

Chapter V — The two rules are expounded: In doubts the safer part is to be chosen; In doubts the condition of the possessor is the better; and what diligence is required for laying aside a doubt

I.

I. "Safe" is taken, first, by comparison with the opposite safe part. The religious state is safer than the lay and the matrimonial; yet each state, the lay and the matrimonial, is safe. Secondly, adversatively to the part that is not safe but doubtful: in which sense only the safer part in doubts is safe; and therefore it is commanded that the safer part be chosen. The safer part is so called by withdrawal from sin; the more probable part, by conformity to the Law and to truth. The safer part in a positive doubt is always to be chosen, as will be demonstrated below.

II.

II. The other rule is: In doubt the condition of the possessor is the better. This rule the Probabilists abuse. This rule has its place in the matter of justice. In good faith you possess a field; an adversary, having brought suit, calls into controversy the title of possession and of ownership. After diligent examination the rights appear altogether equal. Then possession removes the equality, and the field is adjudged to the possessor. This second rule, therefore, is best reconciled with the first — In doubts the safer part is to be chosen — since that part which, over and above the equality of right, brings possession also, comes out the safer. On this ground that other rule is also true: In doubts it is safer to favor the accused. For while the doubt lies between the accused and the plaintiff, it is safer to absolve a doubtful defendant than to condemn him. For of two necessary evils it is safer to choose the lesser; and it is a lesser evil to absolve a guilty man than to condemn an innocent one. The aforesaid rule has no place outside the confines of justice, as we shall demonstrate below against the Probabilists, who are not ashamed to boast the possession of liberty against God himself, that is, against his eternal Law.

III.

III. All affirm that diligence must be applied in the investigation of the truth necessary for laying aside a doubt. But what degree of diligence is necessary, it is difficult to prescribe; the following rules, however, I submit to the judgment of the prudent.

IV.

IV. Rule I. Both the gravity of the matter, and the consequences that flow from it, must be regarded. The condition of the person doubting must be kept before the eyes. If that person is distressed by scruples, if he is of a well-ordered conscience, this serves not a little for forming a judgment about the laying aside of the doubt. Not all are bound to the same degree of diligence. A learned man should consult either those more learned than himself, or his equals. He is not bound to go to all, but to those whom he would consult in a grave affair. Rule II. For an unlearned Christian it will suffice to consult his Parish priest or his Confessor, when no solid reason occurs for doubting of his probity and doctrine. Rule III. The circumstance of time must be regarded. For sometimes the affair does not suffer delay; and then, the divine aid having been implored, what prudence suggests must be decided upon. Rule IV. There is required sincerity of soul, and the desire and zeal of inquiring after and acquiring the truth. Now this sincerity, and this zeal for acquiring the truth, is presumed to be present when things are not sought for one's own advantage and utility, with a mind bent on indulging one's own appetites, but all things are ordered to the glory of God and the salvation of one's Neighbor. On the contrary, those do not sincerely inquire after the truth who hunt for opinions favoring their own liberty and advantage, and study to consult those Doctors whom they know to be smooth-spoken and indulgent. Rule V. Fervent and humble prayers must be poured out to God, who enlighteneth every man that cometh into this World. Cry, cease not: Enlighten my darkness. Give me understanding, and I shall live. He who approaches the Father of lights with a sincere and humble heart will obtain the light: because, just as he does not permit us to be tempted beyond our strength, so neither does he suffer our mind to be blinded, when we fervently seek and beg his light.