Article — Gury-Ballerini, Compendium of Moral Theology (8th ed., 1884)

Article II. On the Mode of Satisfying the Obligation of Law

103.
  1. Principles. - I. For satisfying any obligation whatever, an intention of doing that which is prescribed is required, if the law is affirmative, for example, the law prescribing hearing Mass on a feast day. The reason is that otherwise the act is not placed in a human mode. - By no means, however, if it is negative, as the law prohibiting servile works on feast days. The reason is that a negative law intends no more than omission of the work. - Thus all.
103.

II. Yet there is not required an intention of fulfilling the precept, or of acting from the motive of formal obedience; because the legislator commands only the placing or omission of the work. - St. Lig., no. 163. - Sanchez, and others commonly.

103.

III. It is not required that the law be fulfilled from a motive of charity, nor in the state of grace, unless the act itself of charity, or the state of grace, is prescribed, as in reception of the Eucharist. The reason is that the work is prescribed, not the motive, unless perhaps this too is expressed. It is also clear from proposition 16 of Baius condemned by Pius V, which has itself thus: That is not true obedience to the law which is done without charity.

103.

IV. An intention of fulfilling the end of the precept is not required, unless that end is precisely commanded per se; because ordinarily the legislator does not command the end, nor intend to command it, but only the placing of the act. Hence the axiom: The end of the precept does not fall under the precept. - St. Thomas, 1.2, q. 100, art. 9, etc., and others.

104.
  1. Resolves. - 1. He satisfies who hears Mass, being ignorant that it is prescribed on this day, or who indeed knows the obligation, but intends only here and now to satisfy devotion, with the proposal of hearing another Mass. - St. Lig., no. 163.
104.
  1. But he does not satisfy who places the work of a vow or oath while expressly intending not to satisfy; the reason is that it depends on the will of the one promising that such an obligation remains. - St. Lig. ibid.
104.
  1. He who is altogether coerced to be present at Mass does not satisfy; for such an act, because of a defect of will, is not human 1. It is otherwise if someone is induced by fear only, as for example a servant by fear of the master, a boy by fear of the teacher, etc.

1 Say rather that this man, unless perhaps the attention otherwise required is lacking, which the Author seems to suppose, satisfies the precept as to the substance of the work, but sins because of the evil contrary will. The same could be said also of him who is present at Mass from fear, when he has been disposed in soul in such a way that, unless he were compelled by fear, he would not wish to be present.

105.
  1. Questions. - QUESTION 1. Whether he who sins in fulfilling the obligation of a law satisfies it?
105.

I answer affirmatively, provided that the act is honest in itself, and evil only from an extrinsic circumstance, so that the substance of the thing prescribed is placed. The reason is that the precept commands only the substance of the act, not however the mode. Hence he satisfies who, while hearing Mass, is occupied with thoughts of vainglory or lust, or who while hearing Mass has the intention of stealing. Yet the precept of confession or communion is not satisfied by sacrilegious confession or communion, because then the very substance of the act is infected by sin. It is also clear from proposition 14 condemned by Alexander VII. - St. Lig., no. 162, and others commonly against a few.

105.

QUESTION 2. Whether diverse precepts can be fulfilled by one act?

105.

I answer affirmatively, if these diverse precepts fall on the same matter and on account of the same motive, as the fast of a vigil falling in the Ember Days; but otherwise, if they fall on diverse matter, or indeed on the same matter but on account of a diverse motive, as a fast owed from penance and from ecclesiastical law. - St. Lig., no. 166.

106.
    • QUESTION 3. Whether diverse precepts can be fulfilled at the same time by diverse acts?
106.

I answer affirmatively, if those acts are able to be joined, that is, if one does not impede the other; because then the whole is placed which is required. Thus while hearing Mass you can recite the canonical Hours, or discharge an enjoined penance, etc. - St. Lig., no. 166, and others commonly.

106.

QUESTION 4. What must be done in the concurrence of two precepts unable to be joined?

106.

I answer. The greater must be observed before the lesser, which then ceases to oblige. But a natural precept prevails over a merely positive precept, a divine precept prevails over a human one, an ecclesiastical over a civil one, etc.

106.

QUESTION 5. Whether an obligation ceases when it has not been satisfied at a determinate time?

106.

I answer 1. Affirmatively, if the determination of time was made for ending the obligation. Thus for example, if you did not fast on the day of the vigil, you sinned, but you are freed from the law; because the burden is affixed to the day itself.

106.

I answer 2. No, if the time was not determined except for soliciting or urging the obligation. Thus he who did not satisfy the law in paschal time is not freed from the obligation of communicating. - St. Lig., book 3, no. 220.

107.
  1. Resolves. - 1. If you owe 100 coins to Titius, and you vow to restore, by one act you satisfy two obligations, namely of justice and of vow. Likewise a beneficed Priest vowing faithfully to recite the Hours satisfies a threefold obligation by one recitation.
107.
  1. On the contrary, if you owe Caius 100 francs from a loan, 100 from a census, you do not satisfy by paying 100 once, because the obligations fall on diverse matter. Similarly, if from a vow and from penance imposed by the Confessor you are held to hear Mass, you do not satisfy each obligation if you are present at one Mass on Sunday 2. - Voit, no. 202. - St. Lig., no. 166.

2 Except unless the Confessor enjoins a work otherwise prescribed; which indeed can be done for a twofold reason: either 1. namely because scarcely another mode is available by which the penitent can offer some congruous satisfaction; whence the Confessor, that he may supply however he can, imposes even the Mass to be heard on a feast day from precept, and the paschal Communion itself, as part of sacramental satisfaction; or 2. because the penitent desires that this means also be available to him for satisfying more abundantly.

107.
  1. Nor can you hear several Masses imposed on you by the Confessor at the same time, while they are being celebrated at the same time on several altars; because such an intention of the Confessor is not to be presumed, unless the Confessor had regard to the fruit of the Sacrifice. - St. Lig., Apostolic Man, on Penance, no. 57.
107.
  1. He who is held to hear Mass on individual days from penance for one month satisfies by hearing one on Sunday 3; because it is reasonably presumed that the Confessor was unwilling to obligate the penitent to hearing two Masses on the same day, unless he expressed this. - Thus commonly. - St. Lig., Apostolic Man, no. 34. - See Cases, no. 99 and following.

3 Say the same of him who has bound himself by vow to hearing Mass daily, or to observing a fast on certain fixed days, unless he has expressly obligated himself either to hearing two Masses on feast days, or to transferring the fast to another day if perhaps another precept of fasting falls on the predetermined day.