Article I. On the Very Force of Obligation

I say, 1st. Any law induces a true obligation, at least to penalty; for in this law differs from counsel, that the subject cannot with impunity set the latter aside according to his own pleasure.

I say, 2nd. Any human law can of itself oblige in conscience before God. The reason is that superiors have been constituted by God with the power of commanding. Hence the Apostle says, Rom. xiii, 2: "He who resists power resists the ordinance of God. But those who resist acquire damnation for themselves."

I say, 3rd. Law obliges under grave or under light obligation according to the gravity of the matter or circumstances, or of the end specially intended by the superior. But an affirmative law obliges always, but not for always; a negative law, however, obliges both always and for always, that is, for each single moment.

I say, 4th. Positive divine law and human law generally do not oblige with a very grave inconvenience, or with grave harm, which is accidentally joined to the observation of the law. This is clear from natural and canonical right, from the practice of the Church, and from the consent of all.

I say, 5th. Laws, even invalidating and inhabilitating ones, do not urge in doubt of law; but in doubt of fact the Ordinary can dispense in them, provided that it concerns laws in which the Roman Pontiff is accustomed to dispense (Can. 15).

Question 1. Can a legislator command under light obligation in grave matter?

Response. Affirmatively, at least more probably, because the quantity of the obligation depends on his will, just as the law itself does. Yet he cannot oblige under grave obligation in light matter, because then proportion would be lacking, unless the matter, light indeed in itself, should become grave by reason of the end or circumstances. - Cf. St. Alphonsus, n. 143.

Question 2. What matter of law must be judged grave or light?

Response. This must be gathered, 1st, from the very words of the law; 2nd, from the gravity of the penalty inflicted; 3rd, from its interpretation; 4th, from its object, end, and circumstances. Thus, for example, it is grave for one celebrating Mass if he omits to pour into the chalice a few little drops of water; it will be light if on a day of fasting you chew an ounce of bread outside the refection. - Cf. St. Alphonsus, n. 144. - Lacroix, n. 663.

Question 3. Is the violation of law in a light matter grave from contempt?

Response. Affirmatively, if the contempt directly affects the legislator formally as such, because the very authority from which laws obtain force is contemned. But the sin will not be grave if the contempt regards only the matter as light in itself, or if someone transgresses the law from carelessness, anger, or another cause of this sort. - Cf. St. Alphonsus, n. 142.

Question 4. Does a law founded on presumption always oblige?

Response. Laws made for guarding against a general danger urge, even if in a particular case the danger is not present (Can. 21).

But a law founded on a presumption of fact does not oblige if the fact does not really subsist, because presumption yields to truth. - Cf. St. Alphonsus, nn. 100, 150.