Front matter — Concina, Compendium
Contents of Tome II (as printed)
¶1.
- INDEX of the Books, Dissertations, Chapters, Paragraphs, and Questions contained in this Tome (translated for this site from the Latin of the print (ed.); where a line repeats a heading or Question of the text in the same words, the English of the text is kept)
- BOOK IX: ON JUSTICE AND RIGHT
- DISSERTATION I: On the notion and division of justice
- Chapter I. Propositions condemned by Alexander VII and Innocent XI — p. 1
- Chapter II. The lax opinions of several Casuists — p. 1
- Chapter III. The various acceptations of right: the notions and divisions of justice — p. 12
- Question 1. What is justice, and of how many kinds is it? — p. 12
- Question 2. Whether commutative justice is distinguished from vindicative justice? — p. 12
- Question 3. Is commutative justice distinguished in species from distributive justice? — p. 12
- Question 4. What are the vices opposed to justice? — p. 12
- Chapter IV. On dominion, and its division, and the partition of goods — p. 13
- Question 1. What is dominion, and of how many kinds is it? — p. 13
- Question 2. What are the fruits which a usufructuary may enjoy, and what ought he to furnish? — p. 13
- Question 3. What is the contract of emphyteusis, and of fief? — p. 14
- Question 4. What is possession, and the manner of acquiring or losing it? — p. 14
- Question 5. Who are capable of dominion? — p. 14
- Question 6. Is it lawful for anyone to take animals tame by their own nature? — p. 14
- Question 7. What is to be said of fishing, fowling, and hunting? — p. 15
- Question 8. Whose are the woods, mountains, and pastures? — p. 15
- Chapter V. On the dominion of things found, and of those things which accrue by force of alluvion or in another manner; and on prescription — p. 15
- Question 1. What is to be said of dominion by force of alluvion, and the like? — p. 16
- Question 2. How is dominion acquired by force of prescription, or usucapion? — p. 16
- Question 3. What is prescription brought in by the civil law? — p. 16
- Question 4. What of the dominion of children subject to the paternal power? — p. 17
- DISSERTATION II: On restitution, both in general and in particular
- Chapter I. The notion of restitution, and the principles from which it proceeds. Tardy debtors and their Confessors are admonished — p. 17
- Question 1. What is restitution, and whence is it born? — p. 17
- Question 2. Whether restitution is to be made at once? — p. 18
- Question 3. What is to be said of Confessors who absolve tardy debtors? — p. 18
- Question 4. What kind of fault of injustice brings in the debt of restitution? — p. 19
- Question 5. Does theological fault alone bring in the debt of restitution? — p. 19
- Question 6. Whether the professors of any art are bound to restitution for a slight or a very slight fault? — p. 19
- Question 7. What juridical fault is required in a contract, that it may bring in the debt of restitution? — p. 19
- Question 8. How is a possessor in good or in bad faith held to restitution? — p. 20
- Question 9. Whether one who in good faith buys or receives from a robber things consumable by use is bound to restore the thing, if it subsist, or that in which he has been made richer? — p. 20
- Question 10. If a thief carry off a thing which would have perished with its lord, is he bound to restore the same if he preserve it, or the price, if it have perished? — p. 20
- Question 11. To whom does a thing taken away by theft accrue? — p. 21
- Question 12. How ought a possessor of doubtful faith to restore another's thing? — p. 21
- Question 13. What fruits is a possessor of good faith bound to restore? — p. 21
- Question 14. What fruits ought a possessor of bad faith to restore? — p. 22
- Question 15. What expenses may a possessor, whether of good or of bad faith, deduct? — p. 22
- Question 16. He who buys a thing in good faith, may he render it to the thief and demand back the price, or is he bound to restore it to the lord without the price? — p. 22
- Question 17. He who in bad faith buys another's thing from a robber, ought he to restore it to the lord or to the thief? — p. 22
- Question 18. He who in good faith sells to another a thing bought from a robber, is he bound to render the price to the lord or to the buyer? — p. 22
- Question 19. He who receives false money and hands it over to another in spending it, to what is he held? — p. 23
- Question 20. If you sell your thing to a thief, from whom you receive in good faith stolen moneys as the price, are you liable to restitution? — p. 23
- Chapter II. On those who either hinder others from obtaining some good, or cooperate in the loss of others — p. 23
- Question 1. Whether one who puts an efficacious impediment, that a man may not obtain a benefice to which he has a right, whether in the thing or to the thing, is liable to restitution? — p. 23
- Question 2. To what is he held who hinders a promise made from being fulfilled? — p. 24
- Question 3. What is to be said of those who cooperate in another's loss? — p. 24
- Question 4. When you doubt whether by any of the cooperations recounted in the two verses you have been the efficacious cause of the loss, are you held to restitution? — p. 24
- Question 5. He who by his own depraved example is the cause that others perpetrate evil, is he held to restitution? — p. 25
- Question 6. What of those who by command, counsel, or consent flow into a neighbour's loss? — p. 25
- Question 7. What of those who negatively cooperate in another's evil, as are the silent, the non-opposing, the non-disclosing? — p. 26
- Question 8. What order ought cooperators in an unjust action to observe in restitution? — p. 26
- Question 9. How are all the causes recounted bound to restore in solidum? — p. 27
- Question 10. Whether from a shameful promise there arises an obligation of performing the thing promised? — p. 27
- Question 11. What is to be said of a harlot's gain? — p. 28
- Question 12. Whether maidens, wives, and honourable women receiving a price for chastity sold are bound to restore it? — p. 28
- Question 13. Are harlots, whether public or secret, bound to restore the price received from a Religious for a shameful union? — p. 29
- Question 14. Whether one receiving a price for an unjust sentence to be passed ought to restore it? — p. 29
- Question 15. When that which is restored does not reach the creditor's hands, is the debtor bound to restore anew? — p. 30
- Question 16. In what place, and at whose expense, ought restitution to be made? — p. 30
- Chapter III. On those to whom restitution ought to be made; and on the order to be observed in restitution — p. 30
- Question 1. To whom ought a thing received from a possessor of good faith to be restored? — p. 30
- Question 2. To whom is restitution to be made when the lord is unknown? — p. 31
- Question 3. What order is to be observed in restitution? — p. 31
- Question 4. Whether a seller ought to be preferred to privileged creditors, while the thing subsists in kind with the buyer? — p. 31
- Question 5. What order is to be observed among debts either from an onerous or from a gratuitous contract, or from a contract or from a delict? — p. 31
- Question 6. How are hypothecary creditors to be preferred to others? — p. 32
- Question 7. What order is to be observed among simple, non-privileged creditors? — p. 32
- Question 8. Can a debtor secretly admonish a friendly creditor to sue first, and pay him the whole debt to the detriment of the other creditors? — p. 32
- Chapter IV. What are the causes on account of which restitution may be omitted or deferred? — p. 32
- Chapter V. On restitution on account of homicide, or mutilation, or defloration, or adultery — p. 33
- Question 1. Is a slayer or mutilator bound to compensate a personal injury with goods of fortune? — p. 33
- Question 2. What losses ought a slayer to compensate? — p. 33
- Question 3. Whether from casual homicide there arises a debt of restitution? — p. 34
- Question 4. To whom is restitution to be made of the losses which follow from homicide? — p. 34
- Question 5. What ought a deflowerer of a maiden to restore? — p. 34
- Question 6. What is to be restored on account of adultery from which offspring follows? — p. 35
- Question 7. An adulterer knowing for certain that offspring was procreated from his adultery, what is he bound to render to the lawful sons? — p. 35
- Chapter I. The notion of restitution, and the principles from which it proceeds. Tardy debtors and their Confessors are admonished — p. 17
- DISSERTATION III: On contracts, in general and in particular
- Chapter I. The definition of a contract, its causes and properties — p. 36
- Chapter II. On the various contracts — p. 37
- Question 1. Whether a contract celebrated from grave fear is valid? — p. 37
- Question 2. Whether guile makes a contract void? — p. 38
- Question 3. What is to be said of contracts entered upon under a cause, a mode, a demonstration, or a condition? — p. 38
- Question 4. How is a contract made to a day, or under a disjunction, to be interpreted? — p. 38
- Question 5. How does a contract bound by a condition oblige? — p. 39
- Chapter III. On those who can enter upon contracts validly and lawfully; on the solemnity of law that is necessary; what firmness an oath adds to a contract; to whom restitution in integrum belongs — p. 39
- Question 1. Who can enter upon a contract? — p. 39
- Question 2. What solemnity of law is required for the validity of a contract? — p. 39
- Question 3. How does an oath confirm contracts void by natural or by positive law? — p. 40
- Question 4. To whom does the benefit of restitution in integrum belong? — p. 40
- Chapter IV. On the contract of selling and buying. On those who can sell and buy. What things are vendible — p. 40
- Question 1. What is buying? — p. 40
- Question 2. A thing sold to two buyers, to whom is it to be delivered? To whom does it perish before delivery? — p. 40
- Question 3. To whom do the fruits of a thing sold pertain before the payment of the price? — p. 40
- Question 4. Can contracting parties enter upon an agreement that the buyer render to the seller the fruits of the thing, or the price of the same, until he has paid the price? — p. 41
- Question 5. Whose are the fruits perceived in the meantime, when it happens that a contract of sale is dissolved? — p. 41
- Question 6. Who can sell, and what things are vendible? — p. 41
- Question 7. Are things bought with another's money the buyer's, or the money-owner's? — p. 41
- Question 8. Is the sale of another's thing valid? — p. 41
- Question 9. Whether the sale of those things which are applied to depraved uses is lawful? — p. 42
- Question 10. Do those sin who sell poisons, women's paints, playing cards, idols, and the rest of that kind? — p. 42
- Question 11. Whether Probabilism is vendible by a judge? — p. 42
- Chapter V. On trade, and on those to whom it is forbidden or permitted — p. 43
- DISSERTATION I: On the notion and division of justice
¶2.
- Question 2. Can Clerics or Monks trade through others? — p. 44
- Question 3. In how many ways does trade become unlawful for laymen? — p. 44
- Question 4. Can those who exercise merchandise lawfully sell wares more dearly than those who do not exercise trade? — p. 44
- Chapter VI. On monopolies lawful and unlawful. On sale with an agreement of resale — p. 44
- Question 1. Is it lawful for sellers to enter upon a conspiracy of not selling wares save at the highest price? — p. 44
- Question 2. A monopoly of selling wares at an unjust price being once constituted by merchants, do other merchants, not partakers of that monopoly, sin against justice if they sell their wares at this unjust price? — p. 45
- Question 3. What is to be said of an agreement of reselling and of rebuying? — p. 45
- Question 4. Is the contract of kinship lawful? — p. 45
- Question 5. Is the Mohatra contract lawful? — p. 45
- Question 6. Can those who undertake wares to be sold for a lord retain anything for themselves, if they sell the same for more than was prescribed by the lord? — p. 46
- Chapter VII. On the just price of things, and on its increase on account of deferred payment — p. 46
- Question 1. Are those who increase or diminish the price of things liable to restitution? — p. 46
- Question 2. Are there any causes for which it is lawful either to sell for more or to buy for less than the ware absolutely is worth? — p. 46
- Question 3. Can those things which are exposed for sale at auction be bought or sold at any price whatsoever, whether a cheap one or the highest? — p. 47
- Question 4. Whence is the common or natural price to be taken, and what are the causes of increasing it? — p. 47
- Question 5. What are the circumstances in which the prices of things decrease? — p. 47
- Question 6. Can merchants sell wares at the current price, when they know that an abundance of wares will shortly come, and consequently that the price of things will be diminished? — p. 47
- Question 7. Can he who foreknows that money will be interdicted by the Prince's law, or its value diminished, put away his money before the promulgation of the law? — p. 48
- Question 8. What is to be noted concerning a price prescribed by public authority? — p. 48
- Question 9. Can cheaper wares be mingled with choicer ones, and be sold at the fixed price? — p. 48
- Question 10. Can a merchant sell wares more dearly on account of deferred payment of the price? — p. 48
- Question 11. Is the contract lawful by which in Spain and elsewhere certain wares are commonly sold on credit at a greater price than they are wont to be sold for ready money? — p. 49
- Question 12. Is it lawful to buy credits or bonds at a lesser price than they are worth, on account of anticipated payment? — p. 50
- Question 13. What is to be said of the seller's obligation of laying open the defects of wares? — p. 50
- DISSERTATION IV: On loan, and usury
- Chapter I. The definition of loan, and its properties — p. 51
- Sole Question. What is a loan? — p. 51
- Chapter II. The notion of usury: all usury, whether small or great, whether exacted from a rich man or from a poor man, is forbidden by divine law — p. 52
- Question 1. What is usury? — p. 52
- Question 2. Is all usury, whether received from the rich or from the poor, prohibited by natural law, not to say by divine? — p. 53
- Chapter III. Certain little questions concerning usury are resolved — p. 54
- Question 1. Is there given a smallness of matter in the sin of usury? — p. 54
- Question 2. Is present money counted down more valuable than absent money, and a title for receiving something beyond the principal? — p. 54
- Question 3. Is it lawful to receive something above the principal on account of the trouble arising from the privation of the money delivered on loan? — p. 54
- Chapter IV. On the danger of losing the principal. Certain lax opinions are refuted. The chapter Naviganti is set forth in its true sense, the comments of the more recent writers being rejected — p. 55
- Question 1. What is the danger of the principal, and of how many kinds is it? — p. 55
- Question 2. What is to be said of the title which Lugo and Tamburini devised? — p. 57
- Question 3. Is it lawful to exact something above the principal by reason of the labour in counting out the money? — p. 60
- Question 4. Is it lawful to exact something on account of the obligation of lending, or of not demanding back the loan within a predetermined time? — p. 60
- Chapter V. On emerging loss — p. 60
- Question 1. What is emerging loss? — p. 60
- Question 2. Is the danger of a loss about to emerge a true title by force of which a convention can be made of paying something above the principal? — p. 60
- Question 3. Whether it be lawful at the beginning of a contract to make an agreement of a conventional penalty, if the debtor be in delay? — p. 61
- Chapter VI. On ceasing gain, and its conditions — p. 62
- Question 1. What does St. Thomas hold concerning this ceasing gain? — p. 62
- Question 2. Whether a voluntary lender can exact something by reason of ceasing gain? — p. 63
- Question 3. What conditions do the defenders of ceasing gain assign, that it may be brought into an agreement? — p. 63
- Sole Paragraph. The Author's counsel — p. 63
- Chapter VII. On mental usury, and on agreements added to a loan — p. 65
- Question 1. Is it lawful to hope for anything from a loan? — p. 65
- Question 2. He who has celebrated a usurious contract in good faith, can he retain the gain, the usury being known, when he could have entered upon another lawful contract? — p. 65
- Question 3. Whose are the fruits of a pledge delivered to a lender for the assurance of the principal? — p. 65
- Question 4. Is the agreement of the lex commissoria lawful in the delivery of pledges? — p. 65
- Question 5. What is to be said of pupillary and dotal usuries? — p. 65
- Question 6. Is he a usurer who gives a loan that he may obtain a benefice, or an office, or services of the tongue, of attendance, or of the hand? — p. 66
- Question 7. Is he a usurer who gives a loan with the agreement that the borrower resort to his mill, his shop, and the like? — p. 66
- Question 8. Is it lawful to give a loan with an agreement that the other lend back in the future? — p. 66
- Question 9. Is he a usurer who obliges a borrower to render the same measure of wheat, wine, oil, and so forth, if the price be increased? — p. 66
- Question 10. In the restitution of money lent, is the value or the species to be considered? — p. 66
- Question 11. Is the opinion probable that a borrower can choose as his surety the lender himself? — p. 66
- Question 12. Is the opinion probable of those who grant gain to a lender at the same time receiving a pledge? — p. 67
- Chapter VIII. On the Monti di Pietà — p. 68
- Question 1. Do those who are not truly poor, nor receive money on loan from a sacred monte for the relieving of poverty, sin, and are they held to restitution? — p. 68
- Question 2. Can those who place moneys in these monti lawfully receive an accession, no title being present? — p. 68
- Chapter IX. On the triple contract, and other contracts — p. 69
- Question 1. What is the triple contract? — p. 69
- Question 2. Is the twofold contract of partnership lawful, in which either the capital or the gain is assured? — p. 72
- Question 3. What is to be said of a partnership of animals? — p. 73
- Question 4. Are usurers lords of the gain which they acquire by usuries? — p. 73
- Question 5. Is it lawful to seek a loan from a usurer with usuries? — p. 74
- DISSERTATION V: On exchanges, rent-charges, letting, gaming, and wagering, promise, donation, and testaments
- Chapter I. On exchange, and its division and conditions — p. 74
- Question 1. What is exchange, and of how many kinds is it? — p. 74
- Question 2. By what title is manual exchange lawful? — p. 74
- Question 3. By what title is local exchange with gain lawful? — p. 74
- Question 4. What is to be said of exchange with re-exchange? — p. 74
- Question 5. What is to be said of exchange at the fairs? — p. 76
- Question 6. What is to be said of civic exchange? — p. 76
- Chapter II. On rent-charges real and personal, and their division — p. 77
- Sole Question. What is a rent-charge, and of how many kinds is it? — p. 77
- Chapter III. On the personal rent-charge, a wonderful cloak of usury — p. 78
- Question 1. The law of nature being regarded, is that agreement lawful by which a censuary is bound to redeem the rent-charge at the buyer's pleasure? — p. 80
- Question 2. The estate subject to the rent-charge perishing, does the rent-charge perish by the law of nature? — p. 80
- Question 3. Is a rent-charge lawful to which more estates are subjected, no part being designated and determined? — p. 80
- Question 4. Is a life rent-charge lawful? — p. 80
- Chapter IV. On gaming and wagering — p. 80
- Question 1. Is a game undertaken principally for the sake of gain vicious? — p. 80
- Question 2. Is a game of dice, or of fortune, lawful? — p. 81
- Question 3. Are wagers, commonly called scommesse, lawful? — p. 81
- Chapter V. On assurance, pledge, composition, emphyteusis, fief, loan for use, precarium, deposit, letting, hiring, promise, and donation — p. 81
- Question 1. What is assurance? — p. 81
- Question 2. What is suretyship, pledge, hypothec, and composition? — p. 82
- Question 3. What is emphyteusis? — p. 82
- Question 4. What is a fief? — p. 82
- Question 5. What is a loan for use? — p. 82
- Question 6. What is a deposit? — p. 82
- Question 7. What is letting? — p. 82
- Question 8. Do those sin who let houses for the exercising of usuries, or for harlotry? — p. 82
- Question 9. What is a promise, and what is its obligation? — p. 82
- Question 10. What is a donation? — p. 83
- Chapter VI. On testaments — p. 83
- Question 1. What is a testament, and of how many kinds is it? — p. 83
- Question 2. What solemnities are required for a nuncupative testament? — p. 83
- Question 3. What solemnities does a testament for pious causes demand? — p. 83
- Question 4. What is an imperfect testament? — p. 83
- Question 5. Who can draw up a testament? — p. 84
- Question 6. Who cannot be instituted heirs? — p. 84
- Question 7. How do spurious and natural sons succeed a father? — p. 84
- Chapter VII. On necessary heirs, and their substitution — p. 84
- Question 1. How do sons succeed parents, and parents sons? — p. 84
¶3.
- Question 2. For what causes can sons be disinherited by parents, and parents by sons? — p. 84
- Question 3. What is to be said of heirs ab intestato? — p. 85
- Question 4. What is vulgar substitution, pupillary substitution, and so forth? — p. 85
- Question 5. How can valid testaments be revoked? — p. 85
- Question 6. What obligation have heirs? — p. 85
- Question 7. What is the obligation of a testamentary executor? — p. 85
- Chapter VIII. On legacies, and their diversity — p. 85
- Question 1. What is a legacy, and of how many kinds is it? — p. 85
- Question 2. Can a legacy destined for the girls of this city be delivered to strangers? — p. 86
- Question 3. Can anyone derogate from a testament? — p. 86
- Question 4. When can the Falcidian portion be deducted from legacies? — p. 86
- Chapter IX. On the obligations of those who serve the courts — p. 86
- § 1. On the judge — p. 86
- Question 1. What are the duties of a judge, that he may judge rightly? — p. 86
- Question 2. How ought a judge to bear himself when the rights are doubtful? — p. 87
- Question 3. Can a judge accept gifts from the parties? — p. 88
- Question 4. How ought inquisition to be made by a judge? — p. 88
- Question 5. Does a judge's just sentence oblige in conscience? — p. 88
- § 2. On the accuser and the denouncer — p. 88
- Question 1. Is anyone bound to accuse or to denounce? — p. 88
- Question 2. If an offence be hidden and can be proved, ought an accusation to be made? — p. 88
- § 3. On the accused — p. 89
- Question 1. Is an accused man bound to confess the truth? — p. 89
- Question 2. Is it lawful for an accused man to flee, that he may avoid the penalty? — p. 89
- § 4. On witnesses — p. 90
- Question 1. When are men bound to bear witness? — p. 90
- Question 2. Who are free from the obligation of bearing witness? — p. 90
- Question 3. When does a witness gravely sin, and is he bound to restitution? — p. 91
- § 5. On the obligations of advocates and other ministers of the court — p. 91
- Question 1. What are the obligations of advocates? — p. 91
- Question 2. Is it lawful for an advocate to defend a less probable cause? — p. 91
- BOOK X: ON THE SACRAMENTS OF THE NEW LAW
- DISSERTATION I: On the Sacraments in general
- Chapter I. Propositions condemned by the Church — p. 92
- Chapter II. The lax propositions of the Casuists — p. 93
- Chapter III. On the Sacraments of the new law instituted by Christ — p. 96
- Question 1. What is a Sacrament of the new law? — p. 96
- Question 2. What are the parts of the Sacraments of the new law? — p. 96
- Question 3. Did Christ the Lord determine the matter and form of Baptism and of the Eucharist? — p. 96
- Question 4. Did Christ determine the things and words of the other five Sacraments in species? — p. 96
- Question 5. What change of matter or of form renders a Sacrament null? — p. 97
- Question 6. In how many ways can a sacramental form be varied? — p. 97
- Question 7. Is it lawful in performing the Sacraments to use doubtful matter or form? — p. 97
- Question 8. Is the use of a conditional form lawful? — p. 97
- Question 9. How many are the Sacraments of the new law? — p. 97
- Question 10. What is the efficacy of the Sacraments in conferring grace? — p. 97
- Question 11. Do the Sacraments of the new law produce grace physically or morally? — p. 98
- Question 12. What is the grace which the Sacraments of the new law confer? — p. 98
- Question 13. Do the Sacraments of the new law, besides sanctifying grace, confer some peculiar grace which is called sacramental? — p. 98
- Question 14. Whether the Sacraments of the living can by accident produce first grace? — p. 98
- Question 15. Whether the Sacraments of the new law imprint a character? — p. 98
- Question 16. How do the Sacraments of the new law differ from the sacraments of the old law? — p. 98
- Question 17. Whether Christ the Lord immediately instituted all the Sacraments? — p. 98
- Chapter IV. On the ministers of the Sacraments — p. 99
- Question 1. Who are the lawful ministers of the Sacraments? — p. 99
- Question 2. Whether in performing the Sacraments an intention is required in the ministers? — p. 99
- Question 3. That a Sacrament may be valid, is there required in the minister faith, or the intention of producing the sacramental effect? — p. 99
- Question 4. Whether for the integrity of a Sacrament it is required that the minister intend to do what the Roman Church does? — p. 100
- Question 5. Whether an actual intention is necessary, or a virtual one suffices? — p. 100
- Question 6. Is a Sacrament administered under a conditional form valid? — p. 100
- Question 7. Do Priests sin mortally who, conscious to themselves of grave fault, administer the Sacraments by office? — p. 100
- Question 8. Does a Priest sin mortally who, guilty of mortal fault, administers the Eucharist? — p. 100
- Question 9. Does a Priest sin who hears confessions in mortal sin? — p. 101
- Question 10. Whether a minister conscious to himself of mortal sin is bound to confess sacramentally before he administer a Sacrament, if there be opportunity of a Confessor, and no necessity press of succouring one in danger? — p. 101
- Question 11. When, and to whom, ought the Sacraments to be administered? — p. 101
- Question 12. Are the Sacraments lawfully administered to the unworthy? — p. 101
- Question 13. Is it lawful to simulate the administration of the Sacraments? — p. 102
- Question 14. Is it lawful to seek the Sacraments from an unworthy minister? — p. 102
- DISSERTATION II: On Baptism, and Confirmation
- Chapter I. The notion of Baptism, and its matter — p. 102
- Question 1. What is the Baptism of the new law? — p. 102
- Question 2. What is the matter of Baptism? — p. 102
- Question 3. Is the usage ancient, and to be approved, by which the Roman Church consecrates the water serving for Baptism? — p. 103
- Question 4. What water is to be called natural? — p. 103
- Question 5. What is the proximate matter of Baptism? — p. 103
- Question 6. Can an infant enclosed in the mother's womb be baptized, the mother's womb being washed? — p. 103
- Question 7. Is it lawful to cut open the womb of a woman despaired of as to health, that the infant may be baptized? — p. 103
- Chapter II. On the form, and on the threefold Baptism — p. 104
- Question 1. Is the form of words which the Latin Church uses lawful? — p. 104
- Question 2. Is it required for the validity of Baptism that the act of the baptizer be expressed by the word "I baptize" or "is baptized"? — p. 104
- Question 3. Would one who should deliberately omit the particle "I" in the form of Baptism sin gravely? — p. 104
- Question 4. Would one who should baptize with this form, "I baptize thee in the name of the Father, in the name of the Son, in the name of the Holy Ghost," confer valid Baptism? — p. 104
- Question 5. Of how many kinds is Baptism? — p. 105
- Question 6. What dispositions are required in adults for undergoing martyrdom? — p. 105
- Chapter III. On the minister of Baptism, its institution, obligation, and necessity — p. 105
- Question 1. Of how many kinds is the minister of Baptism? — p. 105
- Question 2. Can one minister by a single aspersion baptize several? — p. 105
- Question 3. When was Baptism instituted? — p. 106
- Question 4. What is the necessity of receiving Baptism? — p. 106
- Question 5. At what time ought Baptism to be received? — p. 106
- Question 6. Does the precept of receiving Baptism oblige adults to receive Baptism as soon as they conveniently can? — p. 106
- Question 7. Can the infants of unbelievers be baptized, the parents resisting? — p. 107
- Chapter IV. On the dispositions of adults for receiving Baptism, and on its effects and ceremonies — p. 107
- Question 1. Are faith, sorrow for sins, and inchoate charity required in adults for rightly receiving Baptism? — p. 107
- Question 2. What are the effects of Baptism? — p. 107
- Question 3. Does Baptism received with fiction, the fiction receding, blot out sins? — p. 108
- Question 4. What are the ceremonies of Baptism? — p. 108
- Chapter V. On the obligation of the baptismal profession — p. 109
- Chapter VI. On the Sacrament of Confirmation — p. 110
- Question 1. Is Confirmation a Sacrament of the new law? — p. 110
- Question 2. What is the matter of this Sacrament? — p. 110
- Question 3. What is the form of the Sacrament of Confirmation? — p. 111
- Question 4. Who is the author of this Sacrament? — p. 111
- Question 5. Is the Bishop alone the ordinary minister of this Sacrament? — p. 111
- Question 6. Who are capable of receiving this Sacrament? — p. 111
- Question 7. What dispositions are required in adults to be confirmed? — p. 111
- Question 8. What are the effects of Confirmation? — p. 111
- Question 9. Is there given a precept of receiving this Sacrament? — p. 112
- Question 10. What are the rites of receiving this Sacrament? — p. 112
¶4.
- DISSERTATION III: On the most august Sacrament of the Eucharist
- Chapter I. The notion of the Eucharist, and its matter and form — p. 113
- Question 1. What is the Eucharist? — p. 113
- Question 2. Are wheaten bread alone and wine of the vine the matter of the Eucharist? — p. 113
- Question 3. Ought the bread to be consecrated to be unleavened or leavened? — p. 113
- Question 4. Is wine of the vine the matter of the Eucharist? — p. 113
- Question 5. Is water to be mingled with the wine in the consecration of the chalice? — p. 113
- Question 6. Are these dominical words alone, "This is my body," essential to the consecration of the eucharistic bread? — p. 114
- Question 7. Are these words alone, "This is the chalice of my blood," or "This is my blood," of the essence of the consecration of the chalice; or the others also which follow, "of the new and eternal," and so forth? — p. 114
- Chapter II. Certain questions which are wont to be raised concerning the real presence of Christ in the Eucharist — p. 114
- Chapter III. On the minister of the Eucharist, and on those to whom it ought to be administered — p. 115
- Question 1. Is a Priest alone the ordinary minister of dispensing the Eucharist? — p. 115
- Question 2. Is a Parish Priest bound in time of plague to communicate his parishioners with danger to his life? — p. 116
- Question 3. Is the Eucharist to be administered to little ones? — p. 116
- Question 4. Is the Eucharist to be granted to public sinners? — p. 116
- Question 5. Can a Priest, on account of fear of death or of notable infamy to himself, administer the Eucharist to a public sinner? — p. 116
- Chapter IV. On the necessity of this Sacrament, and its effects — p. 116
- Question 1. Is the Eucharist necessary by force of a divine precept? — p. 117
- Question 2. Is one who communicated a little before he fell into danger of death bound to take the sacred Viaticum again? — p. 117
- Question 3. Does this divine precept oblige more than once? — p. 117
- Question 4. Does this divine precept oblige that the Eucharist be taken under both species? — p. 117
- Question 5. What are the effects of the Eucharist? — p. 117
- Chapter V. On the dispositions for the Eucharist, and on frequent communion. Several opinions of certain men are refuted — p. 117
- Question 1. Is the precept of sending Confession before, on the part of one who is in mortal sin, divine or human? — p. 118
- Question 2. What is to be thought of the interpretation of some upon the precept of Trent of confessing as soon as possible? — p. 118
- Question 3. What is to be said of the interpretation of Fr. La Croix, Viva, and others upon the aforesaid decree of Trent? — p. 118
- Question 4. What of the contrition which Fr. Tamburini teaches is to be sent before by a layman conscious of mortal sin, necessity pressing? — p. 118
- Question 5. What is to be said of the opinion of those asserting that a Priest sinning mortally in the very celebration of Mass is not bound to confess as soon as possible? — p. 119
- Question 6. What is to be said of the opinion asserting that a case can be given in which one communicating in mortal sin does not commit a new sin? — p. 119
- Question 7. What is to be said of the dispositions of the body necessary for the Eucharist? — p. 120
- Question 8. Is it lawful to approach the Eucharist after conjugal intercourse? — p. 120
- Question 9. What is to be said of frequent communion? — p. 120
- Chapter I. The notion of the Eucharist, and its matter and form — p. 113
- DISSERTATION IV: On the Sacrifice of the Mass
- Chapter I. The notion of sacrifice, and its necessity — p. 121
- Chapter II. On the value of the Sacrifice of the Mass. For whom, and by what minister, it can be offered — p. 122
- Question 1. Is the value of the Sacrifice of the Mass infinite? — p. 122
- Question 2. What are the effects of the Sacrifice of the Mass? — p. 122
- Question 3. To whom and for whom is the Sacrifice of the Mass offered? — p. 122
- Question 4. Can the Sacrifice be offered for the souls detained in Purgatory? — p. 123
- Question 5. Who is the minister of the Sacrifice of the Mass? — p. 123
- Question 6. Do wicked Priests, heretics, schismatics, the suspended, the excommunicated, the degraded, validly perform the Sacrifice? — p. 123
- Chapter III. On alms for Masses to be celebrated — p. 123
- Question 1. By whom is the alms to be conferred upon a Priest celebrating Mass to be fixed? — p. 123
- Question 2. Is it lawful for a rich Priest to accept an alms that he may celebrate Mass? — p. 123
- Question 3. What Priests in celebrating afford a suspicion of simony? — p. 123
- Question 4. Can a Priest celebrate through another, retaining for himself part of the stipend received? — p. 124
- Question 5. Can a Priest accept a twofold stipend, one for the attendance, as it is called, at a designated church, the other for the application? — p. 125
- Question 6. Can several obligations be satisfied by a single Mass? — p. 125
- Question 7. On what days ought those who have the care of souls to apply the Mass for the flock committed to them? — p. 126
- Question 8. At what hour is it lawful to celebrate? — p. 126
- Question 9. When is it lawful to celebrate several times on the same day? — p. 126
- Question 10. In what place is one to celebrate? — p. 126
- Question 11. What is to be said of private Oratories? — p. 126
- Question 12. What is to be said of the consecration of a Church, and of its pollution? — p. 127
- Question 13. Is a Priest bound to offer Mass? — p. 127
- Chapter IV. On the rite, or ceremonies, and rubrics with which Mass ought to be celebrated — p. 127
- Question 1. Of how many kinds is the ceremonial of the Mass? — p. 127
- Question 2. Into how many parts is the Mass distributed? — p. 128
- Question 3. Is it a mortal sin to neglect the rubrics in celebrating Mass? — p. 128
- Question 4. Would one who should omit some part of the Mass sin mortally? — p. 128
- BOOK XI: ON THE SACRAMENT OF PENANCE
- DISSERTATION I: On the virtue and Sacrament of Penance
- Chapter I. § 1. Propositions condemned by the Holy See — p. 129
- Chapter II. The axioms of certain Casuists, which are as it were theological loci, or fountains, whence they draw their conclusions and resolutions — p. 143
- Chapter III. On the virtue of penance — p. 148
- Chapter IV. On the Sacrament of Penance, and its remote and proximate matter — p. 149
- Chapter V. On contrition, the first part of Penance, and its natural and divine precept — p. 149
- Question 1. What is contrition taken generally? — p. 149
- Question 2. Does the precept of contrition oblige a man as soon as he has sinned? — p. 150
- Question 3. What is to be said of the opinion of Leander asserting that the precept of contrition obliges of itself only in the article of death? — p. 150
- Question 4. What is to be thought of the opinion of Fr. Sporer? — p. 150
- Question 5. Has the precept of contrition conceived out of charity ceased in the evangelical law, the use of the Sacraments being admitted? — p. 150
- Question 6. Is a sinner who cannot confess during the year for want of a Confessor bound to contrition? — p. 151
- Question 7. Whether the opinion of De Lugo denying the precept of contrition in the article of death be too lax? — p. 151
- Chapter VI. On the insufficiency of fear-born, or servile, attrition for the valid receiving of the Sacrament of Penance — p. 152
- § 1. The state of the question is laid open — p. 152
- § 2. The first prejudice. It is evidently false that Trent defined servile attrition to suffice for the Sacrament of Penance; nay, it openly opposes such an opinion — p. 152
- § 3. The second prejudice, by which many, forestalled, falsely suppose that charity in any degree, even remiss, justifies the ungodly outside the Sacrament — p. 152
- § 4. The third prejudice, by which the Attritionists brand evangelical charity with the mark of Rigorism, and clothe fear-born attrition with the mask of benignity — p. 154
- § 5. A few things are premised concerning the diversity of fear — p. 154
- § 6. The insufficiency of servile attrition for the Sacrament of Penance is shown — p. 155
- § 7. The objections of our adversaries are dissolved — p. 156
- Chapter VII. On the necessity of love, or of inchoate charity, for the Sacrament of Penance — p. 156
- § 1. From the testimonies of the Scriptures and of the Council of Trent the necessity of an initial love in any conversion whatsoever of a sinner is established — p. 156
- § 2. From the testimonies of Sts. Augustine and Thomas the necessity of inchoate charity is demonstrated — p. 158
- § 3. By reasons drawn from the holy Scriptures the necessity of inchoate charity for the right receiving of the Sacrament of Penance is established — p. 159
- § 4. The objections of our adversaries are dissolved — p. 160
- § 5. The opinion of fear-born attrition is established by force of evident reasoning to be contained in the first thesis proscribed by Innocent XI — p. 161
- § 6. A paradox of the Salmanticenses is briefly refuted, and our opinion is confirmed — p. 163
- Chapter VIII. Certain questions concerning grief and the purpose of not sinning are resolved — p. 164
- Question 1. Ought a penitent to elicit grief for sin with the intention of confessing? — p. 164
- Question 2. Ought grief to precede confession, or is it enough that it be elicited after confession and before absolution? — p. 164
- Question 3. What is to be said of the opinion of Fr. Viva asserting that a grief conceived from the motive of temporal loss is enough for confession? — p. 164
- Question 4. What is to be said of the opinion of Fr. Tamburini teaching that it is not to be inculcated upon a sinner that he grieve for that sin toward which he is affected with a great love? — p. 165
- Question 5. Is a formal and explicit purpose of not sinning thereafter required? — p. 165
- Chapter IX. The image of Christian justification, depicted with the lineaments of the holy Scriptures — p. 166
- § 1. The holy Scriptures represent Christian justification as firm and stable — p. 166
- § 2. By weighty reasons and by the common sense of men the stability of Christian justification is confirmed — p. 168
- § 3. A new and false idea of divine justification is conceived among Christians. Why do Christians not shudder at the horrid spectres of feigned justifications? Because a middle way has been brought in — p. 168
- Chapter X. The conditions of the purpose necessary for confession — p. 171
- Question 1. What is to be said of the opinion which teaches that a purpose suffices for confession, although the penitent certainly know that he will relapse? — p. 171
- Question 2. What is to be said of the censure which Fr. Francolino burns upon Bishop Gennet, because he wills that the purpose be firm and constant? — p. 172
- Question 3. What is to be said concerning the universal purpose of avoiding all mortal sins? — p. 172
- Question 4. What occasions ought a penitent to avoid, that his purpose may be called efficacious? — p. 173
- Question 5. What do very many Probabilists teach concerning the purpose of avoiding proximate occasions? — p. 173
- Question 6. What is to be said of the rule which Frs. Sporer, Gobat, Caramuel, and others propose concerning the purpose of avoiding an occasion in which you probably know you will fall? — p. 173
- Question 7. What is a near occasion, and ought a penitent to have a purpose of avoiding it? — p. 173
- Question 8. What is to be said of the opinion of Frs. Sporer, Layman, and others concerning the duty of forsaking near occasions? — p. 173
- Question 9. What is to be said of the opinion teaching that young men are to be absolved who, while working with women, sin by consent, touches, and copulation, because they do not dwell in the same house? — p. 174
- Question 10. What is to be said of the opinion of those who do not require in a sinner to be justified express acts of faith and hope? — p. 174
- DISSERTATION I: On the virtue and Sacrament of Penance
¶5.
- DISSERTATION II: On sacramental confession, and satisfaction
- Chapter I. What sacramental confession is, and when its divine precept obliges — p. 175
- Question 1. At what time does this divine precept oblige of itself? — p. 175
- Question 2. When there is present a danger of forgetting some, or many, mortal sins, is a man bound to confess before the year? — p. 175
- Question 3. What is to be said of the following opinion of Fr. Gobat? — p. 175
- Question 4. What is to be said of the opinion of Leander denying the duty of confessing for those who wish to receive other Sacraments besides the Eucharist? — p. 175
- Chapter II. On the conditions of sacramental confession — p. 176
- Question 1. Ought confession to be formally whole? — p. 176
- Question 2. What diligence is to be employed in the examination of conscience? — p. 176
- Question 3. What is to be said of the rule of examination which Fr. Viva proposes? — p. 176
- Question 4. Is the number of sins to be expressed? — p. 176
- Question 5. He who has sinned by a long habit, is it enough for him to set forth the time of his vicious state without explaining the number of sins? — p. 177
- Question 6. What is to be said of the opinion denying the duty of confessing the effects of sin? — p. 177
- Chapter III. On the obligation of confessing the circumstances of sins — p. 177
- Question 1. What is to be said of the opinion denying the duty of confessing circumstances changing the species, when the sinner does not doubt of them? — p. 177
- Question 2. Is a Religious initiated in sacred Orders bound to explain the circumstance of the solemn vow? — p. 178
- Question 3. Is a Confessor who sins with a penitent bound to confess it? — p. 178
- Question 4. What is to be said of the opinion of those denying the duty of confessing a habit of sinning? — p. 178
- Question 5. What is to be said of sins perpetrated from habit? — p. 179
- Question 6. What is to be said of the opinion of Fr. Tamburini saying that the degrees of consanguinity of a sin perpetrated with a mother, with a cousin, and so forth, are not to be manifested? — p. 179
- Chapter IV. On the obligation of confessing circumstances mortally aggravating within the same species. The doctrine of St. Thomas is vindicated — p. 180
- Chapter V. On the remaining circumstances — p. 181
- Question 1. What are the significations of the circumstance "what"? — p. 181
- Question 2. What does the circumstance "where" betray? — p. 182
- Question 3. What is to be said of the opinion denying that immodest touches in a Church are sacrilegious? — p. 182
- Question 4. What do the circumstances "by what helps" and "why" indicate? — p. 182
- Chapter VI. Whether doubtful sins are to be confessed — p. 183
- Question 1. What is to be said of the opinion teaching that one is not bound to confess sins certainly committed, if you doubt whether you have confessed them? — p. 183
- Question 2. Whether he who doubts whether he committed some sin is bound to confess it? — p. 183
- Question 3. Ought we to confess a doubtful mortal sin as doubtful? — p. 184
- Chapter VII. On the causes excusing from the material integrity of confession. On a dying man destitute of his senses, and on confessions to be repeated. Lax opinions are refuted — p. 186
- Question 1. What are the causes excusing from the material integrity of confession? — p. 186
- Question 2. What is to be said of the opinion asserting that a great frequency of penitents by reason of a solemnity excuses from material integrity? — p. 186
- Question 3. Ought the person of an accomplice to be manifested in confession? — p. 186
- Question 4. Can a dying man destitute of his senses be absolved, when he asked for confession before the Priest's arrival? — p. 186
- Question 5. Is a dying man suddenly destitute of his senses, who neither asked for confession nor gave signs of it, to be absolved, if nevertheless he lived piously and in Christian fashion? — p. 186
- Question 6. What is to be said of the opinion of Fr. Gormaz? — p. 187
- Question 7. What is to be said of the opinion of Fr. Gobat, by which he eludes the decree of his own Society forbidding the absolution of a dying man destitute of his senses? — p. 187
- Question 8. Is there given a valid but formless confession? — p. 187
- Question 9. In what case is confession to be repeated? — p. 187
- Chapter VIII. On satisfaction, the third integral part of the Sacrament of Penance — p. 187
- Chapter IX. On the quality, quantity, and time of the satisfaction to be enjoined upon penitents — p. 189
- Question 1. Of how many kinds is satisfaction? — p. 189
- Question 2. What did Trent prescribe concerning the quantity of the penance to be enjoined? — p. 189
- Question 3. In enjoining penances ought Confessors to look to the ancient canons? — p. 189
- Question 4. What is to be said of the practice of certain men imposing a light satisfaction for grave offences? — p. 189
- Question 5. What is to be said of the opinion of those teaching that no penance, or a moderate one, is to be enjoined when penitents confess for the gaining of an indulgence? — p. 190
- Question 6. What is to be said of the opinion of those teaching that light penances are to be imposed for the gravest offences? — p. 191
- Chapter X. On the obligation of penitents to accept the satisfaction imposed by the Confessor for deadly sins — p. 191
- Chapter XI. On indulgences — p. 193
- Chapter I. What sacramental confession is, and when its divine precept obliges — p. 175
- DISSERTATION III: On the minister of the Sacrament of Penance, and his jurisdiction
- Chapter I. On the sublime dignity and the endowments of a Confessor — p. 196
- § 1. On the spirit of fortitude and liberty of a Confessor — p. 196
- § 2. On the charity and prudence of a Confessor — p. 197
- § 3. On the knowledge of a Confessor. Whence he ought to draw it. The axioms of Frs. La Croix, Gobat, and others are refuted — p. 199
- § 4. The extremes of laxity and of undue rigour are to be avoided — p. 202
- § 5. By the authority of the holy Fathers, both of ancient and of the latest age, the danger of falling into Laxism is confirmed — p. 203
- Chapter II. On the jurisdiction of the minister of the Sacrament of Penance — p. 205
- Question 1. Is a Priest alone the minister of the Sacrament of Penance? — p. 205
- Question 2. Of how many kinds is priestly power? — p. 205
- Question 3. Whether a Regular presented to the Bishop and unjustly rejected acquires jurisdiction and validly absolves? — p. 205
- Question 4. What is ordinary and what delegated jurisdiction? — p. 206
- Question 5. Whether every Priest in the article of death has jurisdiction of absolving from sins and from censures? — p. 206
- Question 6. Who is the proper minister of vagrants, of pilgrims, and of those who have a domicile in a twofold parish? — p. 207
- Question 7. Whether jurisdiction expires by the death of him who granted it? — p. 207
- Question 8. Whether common error, a coloured title being lacking, is enough that jurisdiction be said to be conferred? — p. 207
- Question 9. Whether doubtful and probable jurisdiction suffices? — p. 208
- Chapter III. On the reservation of cases — p. 208
- Chapter I. On the sublime dignity and the endowments of a Confessor — p. 196
- DISSERTATION IV: On sacramental absolution to be imparted, deferred, or denied; on the seal of the Confessor, and on solicitation
- Chapter I. On the form of sacramental absolution — p. 211
- Chapter II. The true image of a converted sinner, from the holy Scriptures and the Fathers — p. 212
- Chapter III. Several questions concerning absolution to be imparted or deferred to relapsing sinners, and to those engaged in an occasion of sinning — p. 217
- § 1. Propositions concerning the proximate occasion condemned by the Church — p. 217
- § 2. The false opinions of certain Casuists are refuted — p. 219
- Question 1. Whether a concubinary can be absolved before he expel the concubine? — p. 219
- Question 2. Whether a concubinary can be absolved, the concubine not being cast out of the house, because he cannot do it without great detriment to his life, his honour, or his money? — p. 219
- Question 3. Whether a concubinary can be absolved, the concubine not being cast out of the house, because he would lose his reputation if he expelled the concubine? — p. 219
- Question 4. Whether a concubinary can be absolved, the concubine not being cast out, who gave the said woman on loan, for example, a hundred gold pieces, and believes that he will lose them if he expel her from the house? — p. 219
- Question 5. Whether a penitent can be absolved who even after repeated admonition fornicates now with one, now with another? — p. 220
- Question 6. Whether a Confessor can be absolved who out of devotion receives confessions in the hearing of which he is frequently and voluntarily polluted? — p. 220
- Question 7. Whether a physician or a surgeon can be absolved who in healing women often sin, if they have no purpose of ceasing from the cure? — p. 220
- Question 8. Whether a hostess can be absolved without a purpose of not receiving a guest with whom she has sinned several times, when without great scandal or detriment she could not forbid him her inn? — p. 220
- Question 9. Are actors, mime-women, singing-women, and dancing comic actresses to be absolved? — p. 220
- Question 10. Whether it be lawful to approach an occasion in which it is probable that you will fall? — p. 221
- Question 11. What is to be said of the opinion which defends that absolution is not to be denied to plebeian young men lying stripped in the same bed with girls, and unwilling to purpose a separation? — p. 221
- Question 12. Whether one persisting in a near occasion of sinning mortally can be absolved, because without grave inconvenience of body, reputation, or fortune he cannot take it away? — p. 222
- Question 13. What is to be said concerning the absolution of the relapsing? — p. 222
- Question 14. What is to be said of a certain opinion of Fr. La Croix? — p. 222
- Question 15. What is to be thought of the doctrine lately handed down in a certain dissertation published in print in the year 1754? — p. 223
- § 3. Certain little questions concerning the office of a Confessor which regard practice are resolved — p. 229
- Question 1. What ought a Confessor above all to observe when he is about to hear confessions? — p. 229
- Question 2. What ought a Confessor to observe in the questioning of penitents? — p. 229
- Question 3. Whether a Confessor ought to question concerning the partner of a crime? — p. 229
- Question 4. Whether a Confessor is bound to admonish penitents of those things of which they are ignorant, whether vincibly or invincibly? — p. 229
- Question 5. What if a Confessor be asked by a penitent to lay open to him the truth of those things of which he is ignorant? — p. 230
- § 4. Ought Confessors to accommodate themselves to the opinions of penitents, their own being forsaken? — p. 231
- § 5. How a Confessor ought to bear himself in granting or deferring absolution — p. 232
- Chapter IV. On the seal of confession — p. 234
- Question 1. By what right are Confessors bound to guard the secret of those things which they have heard in confession? — p. 234
- Question 2. How grave is the guarding of the seal, and whether it be lawful in any case to violate it? — p. 234
- Question 3. Can a Confessor speak of things heard in confession by the penitent's leave? — p. 234
- Question 4. What ought a Confessor to answer when asked whether he has heard the confession of a concubine, a harlot, and so forth? — p. 235
- Question 5. Can a Confessor say that in such a town, community, or college grave crimes are perpetrated, when he has heard them in confession? — p. 235
- Question 6. How ought a Confessor to bear himself when he is questioned concerning things heard in confession? — p. 235
- Question 7. Who are bound to this seal? — p. 236
- Chapter V. On solicitation — p. 236
- Question 1. Are Confessors soliciting males to base things to be denounced? — p. 239
- Question 2. Is a Confessor to be denounced who hands to a woman confessing a paper provoking to base things, to be read? — p. 239
- Question 3. Ought Priests who feign themselves Confessors, when they are not, to be denounced, if they solicit to base things? — p. 239
- Question 4. What sense do these words bear: "in the act of sacramental confession, or before, or immediately after"? — p. 239
- Question 5. What sense do these words bring forth: "or on occasion, or under pretext of confession"? — p. 239
- An Admonition to Confessors — p. 240
¶6.
- BOOK XII: ON THE SACRAMENTS OF EXTREME UNCTION AND ORDER; ON SIMONY AND BENEFICES
- DISSERTATION I: On Extreme Unction, and Order
- Chapter I. Condemned and lax propositions are recounted which regard the remaining three Sacraments of Extreme Unction, Order, and Matrimony — p. 241
- Chapter II. On the Sacrament of Extreme Unction, its matter and form; on its minister, subject, and the dispositions for receiving it — p. 247
- Question 1. Is Extreme Unction a true Sacrament? — p. 247
- Question 2. What is the matter of this Sacrament? — p. 247
- Question 3. What is the form of this Sacrament? — p. 247
- Question 4. Who is the minister of Extreme Unction? — p. 248
- Question 5. To whom is this Sacrament to be ministered? — p. 248
- Question 6. Whether the reception of this Sacrament is under precept? — p. 248
- Question 7. What dispositions ought to precede this Sacrament? — p. 248
- Chapter III. On the Sacrament of Order — p. 248
- Question 1. What is sacred Order, by which ecclesiastical persons are consecrated? — p. 248
- Question 2. Whether there are several sacred Orders? — p. 249
- Question 3. What is the Ostiariate, and what are its duties? — p. 249
- Question 4. What is the Lectorate, and what are its duties? — p. 249
- Question 5. What is the Exorcistate, and what are its offices? — p. 249
- Question 6. What is the Acolythate, and what are its offices? — p. 249
- Question 7. What is the Subdiaconate, and what are its duties? — p. 249
- Question 8. What is the Diaconate, and what are its offices? — p. 249
- Question 9. What were Deaconesses? — p. 249
- Question 10. What is the Presbyterate, and what are its duties? — p. 250
- Question 11. What is the Episcopate, and what are its duties? — p. 250
- Question 12. Are the individual Orders Sacraments? — p. 250
- Chapter IV. On the matter and form of the Sacrament of Order — p. 250
- Chapter V. On the minister and subject of the Sacrament of Order, and its effects — p. 251
- Question 1. Is a Bishop alone the minister of this Sacrament? — p. 251
- Question 2. How many Bishops are required for the consecrating of a Bishop? — p. 251
- Question 3. At what time can sacred Orders be lawfully administered? — p. 251
- Question 4. Who are apt for sacred Orders? — p. 252
- Question 5. Does he who receives Orders without being confirmed sin mortally? — p. 252
- Question 6. Of how many kinds is a clerical title? — p. 252
- Question 7. How many are the effects of the Sacrament of Order? — p. 253
- Chapter VI. On the vocation of those to be initiated, and the signs by which it can be discerned — p. 253
- Chapter VII. On the things which Clerics ought to perform, and on those from which they ought to abstain — p. 255
- Question 1. Do Clerics sin mortally who wear neither the clerical garb nor the tonsure? — p. 255
- Question 2. Do Clerics sin who accommodate the clerical habit to the form of the lay habit, and wear borrowed and curled hair sprinkled with odoriferous powder, the tonsure scarcely appearing? — p. 256
- Question 3. Do Clerics sin mortally who accept a benefice with the mind of forsaking the clerical state if opportunity should occur? — p. 256
- Question 4. From what things ought Clerics to abstain? — p. 256
- Question 5. Do secular Presbyters sin who serve as handmaids to matrons? — p. 256
- Question 6. Whether trade is interdicted to Clerics? — p. 257
- Question 7. Whether hunting is interdicted to Clerics? — p. 257
- Question 8. Whether games of dice are forbidden to Clerics? — p. 257
- Sole Paragraph. On the knowledge of those to be ordained — p. 258
- DISSERTATION II: On simony
- Chapter I. The notion of simony, its various species; and what things have the character of a price in contracting simony — p. 259
- Chapter II. How simony is committed while a temporal thing is delivered either as a price, or as a motive, or as a gratuitous compensation — p. 260
- Question 1. Does he commit simony who gives money as a motive, not of immediately obtaining a spiritual thing, but as an honourable intermediate motive from which a spiritual thing is expected? — p. 261
- Question 2. Whether it be lawful to give a temporal thing under the hope of obtaining a spiritual thing from the donee, and contrariwise, under the title of friendship and of gratitude? — p. 261
- Question 3. Whether the sale of the Sacraments be simoniacal? — p. 262
- Question 4. Whether it be simony to sell or to buy the acts of the power of ecclesiastical jurisdiction? — p. 262
- Question 5. Is it simony to receive anything for entrance into monasteries? — p. 262
- Question 6. Is it simony forbidden by divine law to confer any benefices whatsoever with a view to a temporal emolument? — p. 262
- Question 7. Can benefices be exchanged without simony? — p. 263
- Question 8. How can a benefice be resigned without simony? — p. 264
- Question 9. Whether a confidential renunciation of benefices be simoniacal? — p. 264
- Chapter III. On the penalties against simoniacs, and on the restitution of those things which have been acquired through simony — p. 264
- Question 1. Do they lie subject to the penalties enacted against conventional simony, when the simony is not complete on either side? — p. 264
- Question 2. What penalties are imposed upon those receiving sacred Orders simoniacally? — p. 265
- Question 3. Whether simony in the collation of benefices deprives one of benefices rightly obtained before? — p. 265
- Question 4. Whether the things acquired through simony ought to be restored? — p. 265
- DISSERTATION III: On benefices
- Chapter I. The notion of an ecclesiastical benefice, and the various kinds of benefices — p. 265
- Chapter II. On pensions and coadjutorships — p. 266
- Chapter III. On the residence of pastors — p. 267
- Question 1. Whether pastors of souls are bound by natural and divine law to reside in their own Churches? — p. 267
- Question 2. Are the Roman Pontiff and his Cardinals bound to reside like the other pastors? — p. 267
- Question 3. What causes excuse Bishops from personal residence? — p. 268
- Question 4. Can Bishops join the three months of one year with the three months of another year? — p. 268
- Chapter IV. On the qualities necessary for the valid and lawful acquisition of benefices — p. 268
- Question 1. What age is required in those to be promoted to ecclesiastical benefices? — p. 268
- Question 2. What knowledge and probity of morals is required in those to be promoted to benefices? — p. 268
- Question 3. Whether it be lawful to desire the government of souls? — p. 269
- Question 4. Is it lawful to seek a vacant Church? — p. 269
- Question 5. In how many ways can benefices be acquired? — p. 269
- Chapter V. On the worthier who are to be elected to ecclesiastical benefices — p. 270
- Chapter VI. On the plurality of benefices — p. 272
- Chapter VIII (=VII). Are beneficiaries bound out of justice, and not only out of charity, to dispense all superfluous things to the poor? — p. 273
- DISSERTATION I: On Extreme Unction, and Order
- BOOK XIII: ON MATRIMONY, CENSURES, AND THE RELIGIOUS STATE
¶7.
- DISSERTATION I: On matrimony
- Chapter I. On the essence and institution of matrimony — p. 275
- Chapter II. On the matter, form, and minister of the Sacrament of matrimony — p. 276
- Chapter III. On the conditions of the mutual consent necessary to matrimony — p. 279
- Chapter IV. On the properties of matrimony, and on simultaneous and successive polygamy — p. 280
- Chapter V. On the indissolubility of the conjugal bond, and on divorce — p. 281
- Question 1. Whether the matrimonial bond be indissoluble? — p. 281
- Question 2. What is to be said of the matrimony of unbelievers? — p. 281
- Question 3. If an unbelieving spouse consent to dwell peaceably with the believing spouse, can the believing spouse take another? — p. 281
- Question 4. Whether the matrimony of the Jews became null through a bill of divorce? — p. 282
- Question 5. Whether the matrimony of Christians be dissolved through adultery? — p. 282
- Question 6. Is the ratified and unconsummated matrimony of Christians dissolved by solemn profession in an approved Religion? — p. 282
- Question 7. Whether the ratified and consummated matrimony of Christians be dissolved by entrance into Religion? — p. 282
- Question 8. What is divorce, and whether the right to it be equal in each spouse? — p. 282
- Question 9. In what cases is divorce lawful among Christians? — p. 283
- Question 10. What are the cases in which on account of fornication divorce is not lawful? — p. 283
- Chapter VI. On betrothals, and their conditions — p. 283
- Question 1. On betrothals, and their conditions — p. 283
- Question 1. What are betrothals? — p. 283
- Question 2. By what words are betrothals to be contracted? — p. 284
- Question 3. What age is required both for betrothals and for contracting matrimony? — p. 284
- Question 4. When the time is not predetermined for betrothals, ought matrimony to be celebrated at once? — p. 284
- Question 5. Whether it be lawful to affix to betrothals an obligation to a penalty? — p. 284
- Question 6. Can betrothals be dissolved by mutual consent? — p. 285
- Question 7. Whether after betrothals contracted and confirmed by oath it be lawful for one party to enter Religion? — p. 285
- Question 8. Is it lawful, betrothals having been contracted, to emit a simple vow of chastity? — p. 285
- Question 9. Whether betrothals be dissolved either by delay of time, or by the absence of one of the betrothed, or by change of domicile? — p. 286
- Question 10. What are the supervening causes which suffice for dissolving betrothals? — p. 286
- Question 11. What antecedent causes dissolve betrothals? — p. 287
- Question 12. Who is the lawful judge for dissolving betrothals? — p. 287
- Question 13. Do children sin mortally who contract betrothals or matrimony with their parents unaware or unwilling? — p. 287
- Chapter VII. On clandestine matrimony, and on the banns which ought to precede matrimony — p. 287
- Question 1. What is clandestine matrimony? — p. 287
- Question 2. Whether in any case after Trent clandestine matrimony be valid? — p. 287
- Question 3. Who is the Parish Priest prescribed by Trent? — p. 288
- Question 4. Who besides the Parish Priest, or a Priest designated by him, can assist at matrimony? — p. 288
- Question 5. Whether for the validity of the Sacrament of matrimony two witnesses be required? — p. 288
- Question 6. What ought a Parish Priest to perform in the celebration of matrimony? — p. 289
- Question 7. Whether the banns of a future matrimony be necessary by the necessity of the Sacrament, or of precept? — p. 289
- Question 8. Do spouses sin if they consummate matrimony before the nuptial blessing? — p. 289
- DISSERTATION II: On diriment and impedient impediments, and their dispensation
- Chapter I. On diriment impediments — p. 290
- Question 1. Whether error of person dissolves matrimony? — p. 290
- Question 2. What is understood by the name of condition? — p. 290
- Question 3. What is the impediment of a vow, and of sacred Order? — p. 290
- Question 4. What is the impediment of kinship? — p. 290
- Question 5. What is consanguinity, and of how many kinds is it? — p. 291
- Question 6. How many are the rules which are assigned by Theologians and Canonists for the computation of the degrees of consanguinity? — p. 291
- Question 7. What is the impediment of crime? — p. 292
- Question 8. What is the impediment of disparity of worship? — p. 292
- Question 9. What is the impediment of coercion, and of bond? — p. 293
- Question 10. What is the impediment of public honesty, and between whom is it contracted? — p. 293
- Question 11. What is the impediment of affinity? — p. 293
- Question 12. What is the impediment of impotence? — p. 293
- Question 13. What is the impediment of clandestinity, and of abduction? — p. 294
- Chapter II. On impedient impediments — p. 294
- Chapter III. On the power and causes of dispensing in the impediments recounted — p. 295
- Question 1. Who has power of dispensing from diriment impediments? — p. 295
- Question 2. Whether Bishops, urgent necessity pressing, can dispense from some diriment impediment before matrimony is contracted? — p. 295
- Question 3. Is it required that the matrimony contracted be in good faith, that a Bishop may dispense from an impediment? — p. 295
- Question 4. From what impediments can a Bishop dispense outside the case of necessity? — p. 295
- Question 5. Do Superiors sin who dispense from these impediments without a just cause? — p. 296
- Question 6. Is a dispensation of this kind granted without a cause valid? — p. 296
- Question 7. What are the just causes of dispensation? — p. 296
- Question 8. What is a subreptitious dispensation? — p. 296
- Chapter I. On diriment impediments — p. 290
- DISSERTATION III: On the obligation and sins of the betrothed and of spouses
- Chapter I. On the end of betrothals, and the obligation and sins of the betrothed — p. 296
- Chapter II. Several opinions concerning the sins of the betrothed are resolved — p. 299
- Chapter III. On the sins of spouses in contracting matrimony, and on their obligation in the mutual rendering of the debt — p. 301
- Question 1. How great is the obligation of spouses to paying the conjugal office? — p. 301
- Question 2. What causes excuse from rendering the conjugal office? — p. 301
- Question 3. How from an impediment of affinity or of spiritual kinship are spouses hindered from asking the debt? — p. 302
- Question 4. Can he who is certain that the matrimony is void render the debt to a spouse asking, and ignorant that the matrimony is void, that he may avoid infamy or grave loss? — p. 302
- Question 5. Whether a Confessor certainly knowing a matrimony to be null is bound to admonish a penitent spouse believing by invincible ignorance that it is valid? — p. 302
- Question 6. Whether, if one of the spouses prudently doubt whether the contracted matrimony be valid, he can ask the debt or render it? — p. 304
- Question 7. How are null marriages to be reintegrated? — p. 304
- Question 8. When a matrimony is void on account of some diriment impediment, is it required that each spouse be made certain? — p. 304
- Question 9. Ought a matrimony void on account of an occult diriment impediment, or void from a defect of consent, to be reintegrated before the Parish Priest and witnesses? — p. 305
- Chapter IV. On the sins which spouses can perpetrate in the exercise of the conjugal office against the end, the posture, the place, and the good of offspring — p. 305
- Question 1. How can spouses sin against the end of matrimony? — p. 305
- Question 2. What is the end on account of which the conjugal act is lawful and meritorious? — p. 305
- Question 3. Are those free from venial fault who use matrimony against their own incontinence and against other graver outrages? — p. 306
- Question 4. Do spouses sin who exercise the matrimonial act on feast days, on days of fasting, and on the very day on which the Eucharist has been received? — p. 306
- Question 5. Whether the conjugal office be vicious by reason of a place either public or sacred? — p. 307
- Question 6. How can spouses sin against the mode of exercising the conjugal office? — p. 308
- Question 7. If a husband be accustomed, while he performs the office, to withdraw himself, that he may hinder generation, does a wife sin by rendering the debt? — p. 308
- Chapter V. Whence chiefly it comes about that very many marriages abound with inconveniences and hardships. Admonitions to Confessors and Parish Priests — p. 308
¶8.
- DISSERTATION IV: On censures in general and severally
- Chapter I. The notion and partition of a censure, and who can pass censures — p. 310
- Chapter II. On the fault on account of which a censure can be passed, and what causes excuse from censures — p. 311
- Question 1. Whether for the passing of a censure a proper fault and contumacy be required? — p. 311
- Question 2. Whether a censure passed against the executors of a crime comprehends also those commanding and counselling? — p. 312
- Question 3. What conditions are required that anyone can be entangled in censures? — p. 312
- Question 4. What causes excuse from censures? — p. 312
- Chapter III. On absolution from censures — p. 314
- Question 1. Whether one entangled in a censure is bound under mortal sin to seek and solicit absolution as soon as he can? — p. 314
- Question 2. Of how many kinds is absolution from a censure? — p. 314
- Question 3. Who can absolve from censures? — p. 315
- Question 4. Who can absolve from censures passed by man? — p. 315
- Question 5. What are the censures and cases reserved to the Supreme Pontiff from which Bishops can absolve by ordinary right? — p. 315
- Question 6. What faculty have Regulars of absolving from cases and censures reserved to the Supreme Pontiff? — p. 316
- Chapter IV. On censures severally, namely on the greater and lesser excommunication — p. 316
- Question 1. What is excommunication, and of how many kinds is it? — p. 316
- Question 2. Who are called excommunicates tolerated, and who to be shunned? — p. 317
- Question 3. What penalty does an excommunicate incur who unlawfully administers the Sacraments? — p. 317
- Question 4. What harms does the third effect of excommunication bring? — p. 317
- Question 5. Whether an election is null to which an excommunicate to be shunned concurs? — p. 318
- Question 6. What unfitness do excommunicates incur by force of the seventh effect? — p. 318
- Question 7. Whether an excommunicate loses both the fruits and the benefice? — p. 319
- Question 8. What is forensic and civil excommunication? — p. 319
- Question 9. In what cases is it lawful to communicate with an excommunicate? — p. 319
- Question 10. What is the lesser excommunication, and what are its effects? — p. 320
- Question 11. When is the excommunication of the canon incurred for the striking of a Cleric? — p. 320
- Question 12. What action against a Cleric is called violent, by force of which the striker incurs excommunication? — p. 320
- Question 13. What causes excuse those laying violent hands upon a Cleric from contracting excommunication? — p. 320
- Chapter V. On suspension and its effects, and on deposition and degradation — p. 321
- Question 1. What is suspension, and of how many kinds is it? — p. 321
- Question 2. Whether one suspended from an office be suspended from a benefice, or conversely? — p. 321
- Question 3. What are the effects of suspension from an office, from jurisdiction, from a benefice? — p. 321
- Question 4. For what cause can suspension be passed? — p. 322
- Question 5. What do deposition and degradation signify? — p. 322
- Chapter VI. On interdict, and on cessation from divine offices — p. 322
- Question 1. What is interdict, and of how many kinds is it? — p. 322
- Question 2. Who are bound to observe a local interdict? — p. 322
- Question 3. Who, and for what cause, can pass an interdict? — p. 323
- Question 4. What are the effects of an interdict? — p. 323
- Question 5. What Sacraments are forbidden to be ministered in the time of an interdict? — p. 323
- Question 6. To whom is ecclesiastical burial forbidden in the time of an interdict? — p. 324
- Question 7. What sin do violators of an interdict perpetrate, and what penalties do they incur? — p. 324
- Question 8. What is understood by an interdict from entrance into the Church? — p. 324
- Question 9. Who can absolve from an interdict? — p. 324
- Question 10. What is cessation from divine offices, and what are its effects? — p. 324
- Chapter VII. On irregularity in general and in particular, from delict and from defect — p. 325
- Question 1. What is irregularity, and what are its effects? — p. 325
- Question 2. Of how many kinds is irregularity? — p. 325
- Question 3. What things excuse from contracting irregularity from delict? — p. 325
- Question 4. Whether irregularity from delict be taken away by Baptism, by religious profession, and by dispensation? — p. 325
- Question 5. What is required that a man contract irregularity from voluntary homicide? — p. 325
- Question 6. When is irregularity contracted from casual homicide and mutilation? — p. 326
- Question 7. When is irregularity contracted from homicide or mutilation by cause of defence against an unjust assailant? — p. 326
- Question 8. What are the irregularities from defect of soul? — p. 327
- Question 9. What are the defects of body which beget irregularity? — p. 327
- Question 10. Who are called irregular from defect of liberty, of age, and of obligation? — p. 327
- Question 11. What is irregularity from defect of Sacrament? — p. 328
- Question 12. How is irregularity contracted from defect of lenity? — p. 328
- DISSERTATION V: On the religious state
- Chapter I. The notion of the religious state, and its obligation of aspiring to evangelical perfection — p. 329
- Chapter II. On the vow of poverty — p. 332
- Chapter III. Regulars vowing evangelical poverty vow the very community of goods — p. 332
- Chapter IV. The decrees of the Council of Trent and the constitutions of the Supreme Pontiffs urge Regulars to an exact common life, private purses being driven out — p. 333
- Chapter V. Community being taken away, neither the vow of obedience nor the observance of regular discipline can long stand — p. 337
- Chapter VI. How hostilely life-rents fight with the vow of monastic poverty. The excuses and sophisms with which the corruption of private purses is wont to be plastered over — p. 339
- Chapter VII. On the games of Regulars, and other things which fight with the vow of poverty — p. 339
- Chapter VIII. How grave is the obligation of Prelates of bringing in community. What Regulars ought to do who dwell in cloisters where, the common life being driven out, private purses creep in; and whether young men can lawfully receive the religious habit in these places — p. 340
- Question 1. Are the Prelates of Regulars in a continual state of mortal sin who do not with sincere mind and with all their strength endeavour to restore the common life where it has collapsed? — p. 340
- Question 2. Are regular subjects resisting the introduction of the common life, private purses being driven out, in the state of mortal sin? — p. 341
- Question 3. How ought Regulars to bear themselves who dwell in those Convents where, the common life being taken away, the pest of private purses creeps, that they may consult their own salvation? — p. 342
- Question 4. Is it lawful for young men to receive the habit of Religion, and to make profession, in those cloisters where the community of things and the other chief rules are not observed? — p. 342
- Question 5. Whether to have redundant revenues in common fights with the vow of poverty? — p. 342
- Chapter IX. On the vow of chastity and of obedience — p. 344
- Chapter X. On the noviceship, or novitiate, of Regulars — p. 345
- Chapter XI. On the profession of Regulars — p. 346
- Chapter XII. On the study of letters upon which Regulars are bound to apply themselves; and what method is to be observed in learning the sciences — p. 348
- THE END