Moral Theology: Its Method and Masters

The Positions Compared: Justice and the Vices Against It

Drawn from the authors' own words; every quotation links to its place.

The virtues: Faith · Hope · Charity · Prudence · Justice · Fortitude · Temperance

Every point on which our authors part ways about justice and the vices against it, as the comparison notes of the Virtues and Vices pages set them out, each set out here as its sides, with each author of this library who answers it placed on his side in his own words. St. Alphonsus has a column of his own: his Theologia moralis is not yet in this library, so his opinion is given as our authors report it, and where two of them report it differently, both reports are shown. The counts are of the authors in this library, whose shelf is not evenly balanced: it holds more Jesuits than any other school.

In the table, a letter is the side an author takes; ± means he sets out both without choosing; a blank means the fuller entry does not place him. Each point opens below, with every author quoted and linked.

PointSt. ThomasSt. AlphonsusThomistFranciscanAlphonsianJesuitCatechetical
BilluartConcinaPrümmerMerkelbachMcHugh-CallanBontempiMarcWoutersNoldinSabetti-BarrettVermeerschRoman CatechismSpirago
How Grave It Is
How it is weighedAAABBB±B
Mortal or venialBBCABBBC
The gravity of suspicionAB±AA
Thefts by religiousADBC
Restitution for small thefts that coalescedBA
Grave damage from light faultDAB±C
Wishing for death to escape a grave evilBAA
Telling one prudent person±BAABBBBB
Defaming oneselfABA
Contumely graver than detraction?AABAA
A light jest taken very hard±AB
Grave matter in judgment and in detractionAABC
A preacher's invented storyBAABAA
Authors of superfluous worshipB
Idolatry the gravest of all sins?ABAAB
Perfect or imperfect idolatry graverBAAAAAAB
Consulting a fortune-teller in jestAAAABABA
Looking on at a séanceAABBABB
Tempting God from curiosity: never light, or light in a small matterAABBAB
Swearing to commit a light sin: grave or lightAAA±AAAB±B
Breaking a sworn promise in a light matter: light or mortalAAABA
Oaths slipping out from an unretracted habit: light or mortalABA
Swearing without due cause: grave or venialBBA
“God damn” and like formulas: venial or blasphemousAAA
Worn vestments put to common use: unlawful or lawful once changedAABBAB
Sacred functions done chiefly for money: venial or possibly mortalBBAAAAA
Married persons in a church: sacrilege, venial, or lawful for a causeCBAAAA
Formal disobedience in light matter: always grave, or venial with imperfect contemptABBBA
Formal ingratitude: ordinarily mortal, or only sometimesBBAAB
Lying to save chastity: never, or the lesser evil for the weakABA
Boasting of a sin never committed: grave, or venial of itselfBA
Whom the prodigal wrongs: only himself, or others tooBBAA
A promissory oath in small matterBAAA±AA
What a Thing Is or Requires
Vindicative justiceAACBAABB±
Whether only commutative justice is justice strictlyBBBAA±BA
What social justice isAAA±
Whether hypnotism is lawfulBBBAAB
Whether the accused must tell the truthABBBBBA
Killing one who consentsABAABB
The worthy or the worthierAAAABA
Restitution to the worthier passed overAAAAA
Taking in grave necessityAACABB
Things of great value in extreme necessityCAABA
Whether extreme necessity gives ownershipABAA
Damaging the wrong owner by mistakeBAAABAB
Repairing personal harm with moneyABAA
The confessor who does not warn of restitutionAABAAB
Servants and goods in their careCAAB
When the soul is infusedABACB
A doubtful or ectopic pregnancyABAA
A condemned man ordered to kill himselfAB±B
Mutilating oneself to escape a tyrantBA
Self-killing at God's inspirationABA
Intending the aggressor's deathAAAB
Striking first against a planned attackAAABA
Killing to defend lesser goodsAB±AAAA
Fighting when refusal means deathABA
Why moderate interest is now lawfulDAAABCA
Prices of necessities in scarcityAA
A judge privately certain of innocenceAB±AABC
The price of an unjust sentenceAAAABAAA
A silent witness and restitutionAABAAA
A guilty man fleeing a prison of punishmentABAA±ABBBB
Bribing or drugging the guardsABBBA
Damage done in breaking prisonABBBA
A sentence told in another regionBAAAAA
A crime public in one place, told elsewhereBCACBABBB
Recalling a forgotten crimeBABAA
Taking back a true detractionABCAAAC
Money for a lost good nameBBAAAA
Retracting on oathAABAAA
Using knowledge unjustly gainedA±AAA
Must a superior ask pardonAAABAA
A private insult, repaired in justice?A±AA
Whether asking pardon always sufficesBAABA
Cursing things without reasonAABA
Restitution for a rash judgmentBBBA
An entrusted secret and the innocent condemnedAB±BBBBB
Reading torn-up lettersAAAAAABB
A secret promised at the cost of lifeAA±B
How far a dream may be believedBABAAB
Fearful avoidances: superstition at all?AABABB
A turning table and its answersBB±AAAB
Preaching unprepared: tempting God, presumption, or neitherBABCAB
An oath confirming grave detraction: venial as an oath, or a second mortal sinCBCBBABB
Stealing a purse in a church: sacrilege, or only if the church held itAAABBAABBBB
Breaking a private vow of chastity: sacrilege or notBAAB±AAA
Breaking the vows of poverty and obedience: sacrilege or notAABAB
What profanes a church: only the acts the Code names, or moreBBBBA
Tithes and dues withheld: sacrilege or not±BABBB
A price for the labor of the sacred act itself: simony or notBBBABBB
Paying a priest who will not give a sacrament free: never, or for grave causeAABBBB
A gift binding a youth to the sacraments: simony or notAABA±B
Touches, looks and obscene talk in a church: sacrilege or notAABACAACCC
Secret pollution in a church since the Code: sacrilege or notAAAAAAB
A sin of lust soon after Communion: sacrilege or doubtfulBAAAAA
A vowed person leading another into sin without lust of his ownABAA
Cemeteries and semi-public oratories: sacred places for carnal sacrilege or notAACAB
The superior's wish without a command: matter of obedience or notAABB±AB±
What makes disobedience a special sin: contempt, a true precept, or the precept's motiveAAAAABCA
A private man punishing lightly: lawful or notABABB
The intention to deceive: of the essence of a lie, implicit, or only its perfectionABBCCABAD
Saying the truth one thinks false: a lie, or lying only in a qualified senseAAB
A false statement to guard a secret against aggression: lawful defense or a lieCBBBBBBA
The accused who denies his crime: a lie, or a stratagem of defenseBCCBAD
A restriction used without just cause: a lie, or only a sin against trustBABBB
Mixed speeches before Innocent XI: lawful equivocation or liesCBAB
Telling the customs officer one carries nothing: lawful, or not for clericsBAAB
The adulterous wife denying to her husband: lawful, or only probablyABAAAA
Integral parts of justice: two acts, or two justicesAAA
Legal justice: a special virtue, or generalAAAAAB
What right is, and its first senseAAABC
Justice or mercy: which is the greaterABAB
Whether commutative justice ever measures by proportionA
Restitution in money for a harm of another orderABAAABBBB
Returning a stolen thing to the thief for the priceBAA±BBBBB
Restitution lost in the confessor's handsBAAABBA
A debtor entering religionACAAB
Prayer: whether inward attention is of its essenceAAAB±ABB
The souls in purgatory: praying for us, and invokedBACAACA
Prayer for another: whether infallibly heardAA±±
Fear and the validity of a vowBBCA
A husband annulling his wife's vowsABBA±AB
Obedience: whether it needs a true preceptA±B
The cross and images: relative latria or a lesser worshipAAAAA
Where It Belongs
Which virtue the lesser degrees offendCBA
Truthfulness, justice or charityACBB
Unequal burdens: distributive or commutativeABCAA
Denying due honor: distributive justice or observanceA
A common thing stolen in a church: sacrilege?AB
Whispering: charity or justiceAABCA
Cursing: charity or justiceACBACA
Superstition or a sin against oneselfBA
A stipend above the rate: simony, or only injusticeAB±AAAA
A rich monastery asking support at profession: simony of divine law or of the Church's lawCCBAB
Selling indulgenced rosaries: simony of the Church's law, or noneABABAB
Thanks owed to God: gratitude, or religionAAAABB
Flattery: a sin against truth (eighth commandment), or against affabilityBBBAAA
The ruler's lawmaking: legal or commutative justiceAAAAB
Judgment: an act of justice, distributive justice or prudenceAABAC
How Many
Daughters of covetousnessACAACBCC
Annexed virtuesCABD
How small thefts coalesceABCBD
Ways of cooperating in injusticeAB
Calumny and detraction: one species or twoBB±ABBB
Derision: its own species?ABAABAB
Several evils in one curseBAB
Rash judgment and detraction: one species or twoA±
Divination and vain observance: one species or twoABBABBBBB
Sacrilege: three species or twoAAA±AB
How often the precept of prayer bindsBCAAA
Neglecting to pray in temptation: a second sin?BB
One Word, Two Senses
DuelAAB
Material idolatryAAB
Material ingratitude: a venial omission, or no special sin at allABB
Liberality: giving to the needy for God, or the right measure with moneyBBBAA
Breaking a vow: sacrilege or not±BBB
Equity and epikeiaABAACA

How Grave It Is

How it is weighed

A. Covetousness against justice mortal in its genus; against liberality alone, venial

  • St. Thomas
  • Prümmer — named on this side in the fuller entry
  • Merkelbach — named on this side in the fuller entry

B. Venial in itself (against liberality), mortal when justice or charity is injured

  • Noldin — named on this side in the fuller entry
  • Wouters — named on this side in the fuller entry
  • Marc (n. 363)
  • Vermeersch (n. 491)

Setting out both: Sabetti-Barrett (n. 141).

Held by most of our authors: B (B 4, A 2). The fuller entry.

Mortal or venial

A. Mortal from its whole genus

  • Marc: “a mortal sin from its whole genus” (n. 568)

B. Grave of itself, often excused by the imperfection of the act

C. Of a non-religious kind, regularly only venial

  • McHugh-Callan: “regularly only a venial sin” (n. 2295)
  • Vermeersch: “hold it for merely venial” (n. 242)

Held by most of our authors: B (B 5, C 2, A 1). The fuller entry.

The gravity of suspicion

A. Suspicion is of its genus light

  • St. Thomas: “a venial and a light sin” (II-II, q. 60, a. 3)
  • Merkelbach: “doubt or suspicion from its genus is not a grave sin but a light one” (II, n. 420)
  • Wouters: “ordinarily are only slight sins” (n. 1077)

B. Rash suspicion, fully deliberate about a grave evil, is of its genus mortal

  • Billuart: “It is more probable that rash suspicion concerning the evil of one's neighbor, insofar as it comprehends doubt and opinion, is of its genus mortal sin” (On suspicion and rash judgment, n. 9)

Setting out both: Prümmer, “dispute greatly” (II, n. 200).

Held by most of our authors: A (A 2, B 1). The fuller entry.

Thefts by religious

A. Not treated as sons: a greater quantity than for others, but not double

B. The rule for sons cannot be applied

C. The matter increased by at least half

  • Vermeersch: “at least by half” (n. 660)

D. As sons of moderately rich parents

Our authors are evenly divided (A 1, B 1, C 1, D 1). The fuller entry.

Restitution for small thefts that coalesced

A. Bound gravely only until no grave matter remains to be restored

  • Wouters: “that there no longer remains grave matter to be restored” (n. 1031)

B. The whole is grave: the injury is grave by reason of the whole

Our authors are evenly divided (A 1, B 1). The fuller entry.

Grave damage from light fault

A. A light obligation to repair the whole

B. A light obligation to partial repair, in proportion to the fault

C. Held to nothing

  • Sabetti-Barrett: “More probably he is held to nothing” (n. 425)

Also named on this side: Lessius, as Billuart reports (Whether vehement theological fault…, n. 2).

D. Held to some restitution, and in practice the fault is to be held mortal

Setting out both: McHugh-Callan (n. 1765).

Our authors are evenly divided (A 1, B 1, C 1, D 1). The fuller entry.

Wishing for death to escape a grave evil

A. Licit, of itself not sinful (though imperfect)

B. Imperfect and a venial sin

Held by most of our authors: A (A 2, B 1). The fuller entry.

Telling one prudent person

A. Grave (or the grave opinion more common)

B. Not grave: reputation is the estimation of many

Setting out both: Prümmer, “uncertain” (II, n. 191).

St. Thomas: such a man's good name is destroyed “not altogether but partly”; Prümmer reads him for the grave opinion, Noldin cites him for the other.

Held by most of our authors: B (B 6, A 2). The fuller entry.

Defaming oneself

A. Of itself prodigality and a defect of charity toward oneself; not regularly mortal

  • Merkelbach: “only a sin of prodigality and of defect of charity toward oneself” (II, n. 432)
  • Marc (n. 1200)

B. Mortal

Held by most of our authors: A (A 2, B 1). The fuller entry.

Contumely graver than detraction?

A. Contumely is graver

B. Graver only when reputation is injured with it

  • Noldin: “But if honor alone is injured, it is a lighter sin than detraction” (n. 662)

Held by most of our authors: A (A 3, B 1). The fuller entry.

A light jest taken very hard

A. Mortal, if he will be most gravely moved

B. Not grave: the cause is the other's foolishness

  • Noldin: “does not sin gravely, even if he knows that the other takes a light joke gravely” (n. 664)

Setting out both: McHugh-Callan (n. 2109).

Our authors are evenly divided (A 1, B 1). The fuller entry.

Grave matter in judgment and in detraction

A. The same matter as for grave detraction

B. Graver matter is required for grave judgment

  • Noldin: “graver matter is required to constitute grave judgment than grave detraction” (n. 661)

C. Grave even where telling one man would not be

  • Vermeersch: “as if falsely” (n. 600)

Held by most of our authors: A (A 2, B 1, C 1). The fuller entry.

A preacher's invented story

A. Only venial, even an invented story (not miraculous)

  • Prümmer: “who invents an entire story” (II, n. 501)
  • Noldin (n. 149)
  • Merkelbach: “(not miraculous)” (II, n. 772)
  • Vermeersch: “as if, in confirming a true doctrine, some circumstance not explored is exhibited as certain” (n. 231)

B. Grave to narrate false miracles to increase devotion

Vermeersch excuses only a lesser thing: some unexplored circumstance exhibited as certain.

Held by most of our authors: A (A 4, B 2). The fuller entry.

Authors of superfluous worship

A. Superfluous worship is venial

B. Its conscious authors are not excused from grave sin

  • Vermeersch: “Yet conscious authors of such superstitions cannot be excused from grave sin” (n. 233)

All the authors hold superfluous worship itself venial.

One author of this library answers it (B 1). The fuller entry.

Idolatry the gravest of all sins?

A. The gravest of sins on the part of the sin itself

  • St. Thomas: “idolatry is the most grievous sin” (II-II, q. 94, a. 3)
  • Merkelbach: “the greatest idolatry viewed objectively is graver than the greatest infidelity and the greatest hatred of God” (II, n. 775)
  • McHugh-Callan (n. 2279)

B. The gravest after the sins against the theological virtues

Our authors are evenly divided (A 2, B 2). The fuller entry.

Perfect or imperfect idolatry graver

A. Imperfect idolatry is graver, proceeding from malice

B. Perfect idolatry is objectively graver

Held by most of our authors: A (A 6, B 2). The fuller entry.

Consulting a fortune-teller in jest

A. Venial or no sin from curiosity without faith

B. Grave if done seriously, or if the diviner acts seriously (cooperation)

  • Wouters: “even if only externally” (n. 600)
  • Sabetti-Barrett: “with difficulty be excused from gravely culpable cooperation” (n. 209)

Held by most of our authors: A (A 6, B 2). The fuller entry.

Looking on at a séance

A. Watching from curiosity once or twice is not grave

  • Prümmer: “unlawful, but does not seem to be a grave sin” (II, n. 525)
  • Noldin: “he does not sin gravely” (n. 170)
  • Merkelbach: “otherwise it is probably only venial” (II, n. 780)

B. Gravely unlawful to attend

  • Wouters: “It is gravely unlawful to attend spiritistic gatherings” (n. 605)
  • Marc (n. 566)
  • Sabetti-Barrett (n. 209)
  • Vermeersch (n. 248)

Held by most of our authors: B (B 4, A 3). The fuller entry.

Tempting God from curiosity: never light, or light in a small matter

A. Formal tempting of God admits no light matter

B. In a light matter from mere curiosity, only venial

Our authors are evenly divided (A 3, B 3). The fuller entry.

Swearing to commit a light sin: grave or light

A. Grave

B. Light (the benign opinion probable)

Also named on this side: Lessius, Sanchez and Suarez, as Vermeersch reports (n. 193).

Setting out both: Sabetti-Barrett (n. 224); McHugh-Callan (n. 2250).

Held by most of our authors: A (A 5, B 2). The fuller entry.

Breaking a sworn promise in a light matter: light or mortal

A. Venial (a sin of inconstancy, breach of oath, or omission)

Also named on this side: Sanchez, as Bontempi reports (Whether, and how, it is a sin to s, n. 19).

Held by most of our authors: A (A 4, B 1). The fuller entry.

Oaths slipping out from an unretracted habit: light or mortal

A. Of itself light (grave by danger, or by the disposition)

Held by most of our authors: A (A 2, B 1). The fuller entry.

Swearing without due cause: grave or venial

A. A grave sin

  • Roman Catechism: “he who swears rashly and without deliberation commits a grave sin” (The Second Commandment)

B. Of itself venial

The manuals (Prümmer, Merkelbach, Noldin, Wouters, Marc, McHugh-Callan, Vermeersch, Sabetti-Barrett) make it of itself venial; Bontempi too, unless due inquiry is gravely omitted.

Held by most of our authors: B (B 2, A 1). The fuller entry.

“God damn” and like formulas: venial or blasphemous

A. Of themselves venial, vain use of the Name

  • Sabetti-Barrett: “by God” (n. 220)
  • Noldin (n. 208)
  • McHugh-Callan: “usually not meant or understood” (n. 2113)

B. Blasphemous

Sabetti-Barrett: "God damn your soul" is of itself blasphemous.

Held by most of our authors: A (A 3). The fuller entry.

Worn vestments put to common use: unlawful or lawful once changed

A. Unlawful (light sacrilege)

  • St. Alphonsus, as Vermeersch reports him (n. 272)
  • Prümmer (II, n. 553)
  • Sabetti-Barrett: “it is not licit to mend profane garments from an old chasuble” (n. 215)

B. Lawful once the form is changed, not for sordid uses

Held by most of our authors: B (B 3, A 2). The fuller entry.

Sacred functions done chiefly for money: venial or possibly mortal

A. Not simony: an inverted order, venial (or even mortal indevotion)

B. Simony

  • Concina: “Guilty of simony are Canons who principally assist at choir on account of the distributions” (XII, diss. II, ch. II, n. XXXII) — with St. Thomas
  • St. Thomas

Held by most of our authors: A (A 5, B 1). The fuller entry.

Married persons in a church: sacrilege, venial, or lawful for a cause

A. Sacrilege unless moral necessity excuses

  • Noldin (n. 26)
  • Marc: “the more probable and more common opinion” (n. 788)
  • Wouters: “Many teach the same” (n. 42)
  • Vermeersch: “are excused by necessity itself” (n. 59)

Also named on this side: Navarre, Henriquez, Cajetan, Sylvius (always sacrilege), as Bontempi reports (On sacrilege, n. 3).

B. For a just cause and in secret, no fault

C. The question scarcely occurs today

  • Prümmer: “can scarcely occur in our times” (II, n. 547)

Held by most of our authors: A (A 4, B 1, C 1). The fuller entry.

Formal disobedience in light matter: always grave, or venial with imperfect contempt

A. Formal disobedience is always grave

B. Venial in light matter from imperfection of contempt

  • Prümmer: “admits slightness of matter” (II, n. 579)
  • Merkelbach: “from imperfection of contempt” (II, n. 844)
  • McHugh-Callan (n. 2369)

Prümmer: contempt of the person is mortal even in light matter; contempt of one command admits slight matter.

Held by most of our authors: B (B 3, A 1). The fuller entry.

Formal ingratitude: ordinarily mortal, or only sometimes

A. Of itself and ordinarily mortal

  • Merkelbach: “of itself and ordinarily mortal” (II, n. 878)
  • McHugh-Callan: “from its nature seems to be a mortal sin” (n. 2379)

B. Sometimes mortal, sometimes venial

Our authors are evenly divided (A 2, B 2). The fuller entry.

Lying to save chastity: never, or the lesser evil for the weak

A. Never lawful

B. The weak who fear to yield may choose the lesser evil

Elsewhere Bontempi, with St. Bonaventure, answers that charity does not move to a lie.

Our authors are evenly divided (A 1, B 1). The fuller entry.

Boasting of a sin never committed: grave, or venial of itself

A. Besides the lie, of itself grave in grave matter

  • Vermeersch: “besides a lie, contains malice of itself grave” (n. 464)

B. Of itself not beyond venial

  • Merkelbach: “which often happens if the matter concerns a fictitious work, of itself it does not exceed venial sin” (II, n. 867)

Our authors are evenly divided (A 1, B 1). The fuller entry.

Whom the prodigal wrongs: only himself, or others too

A. Only himself: not grave of its nature

  • McHugh-Callan: “since it does not injure others” (n. 2428)
  • Merkelbach: “only an excessive use of one's own goods” (II, n. 887)

B. Others too, by spending what should help them

Held by most of our authors: A (A 2, B 1). The fuller entry.

A promissory oath in small matter

A. It admits small matter

  • Prümmer: “far more common and more probable opinion” (II, n. 450)
  • Merkelbach: “probably admits lightness of matter, just as a vow does” (II, n. 755)
  • Noldin (n. 250)
  • Marc (n. 614)
  • Vermeersch: “practically, in no light matter will the obligation of a sworn promise have to be urged under grave sin” (n. 204)

Also named on this side: Soto, Suarez, Sanchez, Tamburini, Azor, the Salmanticenses, as Concina reports (Theol. V, diss. II, ch. I, n. X).

B. Every breach of a valid oath is grave perjury

Also named on this side: Cajetan, Lessius, Valentia, as Prümmer reports (II, n. 450).

Setting out both: Wouters, “it is disputed whether the obligation is grave or light” (n. 689).

Held by most of our authors: A (A 5, B 1). The fuller entry.

What a Thing Is or Requires

Vindicative justice

A. A species of justice: commutative (or legal) justice in the judge

  • St. Thomas (II-II, q. 80)
  • McHugh-Callan: “elicited by commutative justice” (n. 1707)
  • Marc: “primarily pertains to legal justice” (n. 400)
  • Concina: “is an act of true commutative justice; but in the persons injured it is not true justice, but a potential part of the same” (IX, diss. I, ch. III, n. V)

B. Not a fourth species: reduced to the three, or a potential part

  • Noldin: “in no way” (n. 272)
  • Merkelbach: “Some among more recent authors, after Schmalzgrueber” (II, n. 256)
  • Wouters: “unless, which seems not altogether improbable, it must be held as a special virtue and a potential part of justice” (n. 382)

C. Let each abound in his own sense

  • Prümmer: “let each one abound in his own sense” (II, n. 71)

Setting out both: Sabetti-Barrett, “many do not hold vindicative justice as a peculiar species of justice distinct from the others” (n. 346).

Our authors are evenly divided (A 3, B 3, C 1). The fuller entry.

Whether only commutative justice is justice strictly

A. Only commutative justice is justice strictly

  • Marc: “imperfect justice, because it is not founded upon strict right, but upon a debt of fittingness” (n. 400)
  • Sabetti-Barrett: “which alone is such strictly” (n. 346)
  • McHugh-Callan: “Particular justice partakes more of the nature of justice” (n. 1703)

B. Legal and distributive justice are true justice too

  • Merkelbach: “only commutative justice” (II, n. 256)
  • Noldin: “although both are true right, properly so called and perfect” (n. 270)
  • Concina: “is not justice in the whole rigour of the term the Salmanticenses and others contend; but the opposite opinion is to me the more probable” (IX, diss. I, ch. III, n. III)
  • Billuart: “as into essentially distinct species” (On the division of justice, n. 2)

Setting out both: Wouters (n. 382).

Held by most of our authors: B (B 4, A 3). The fuller entry.

What social justice is

A. Social justice is legal justice

B. Legal and distributive together

Setting out both: Noldin, “either legal justice” (n. 272).

Held by most of our authors: A (A 3). The fuller entry.

Whether hypnotism is lawful

A. Of itself illicit, lawful with conditions (or with a grave cause)

  • Noldin: “Hypnotism of itself is illicit” (n. 749)
  • Wouters: “although free from superstition, is nevertheless unlawful without a grave cause” (n. 603)

B. Not unlawful in itself; often unlawful by abuse

  • Prümmer: “Hypnotism is not unlawful in itself; often, however, it becomes unlawful because of abuse” (II, n. 523)
  • Marc: “the more common opinion” (n. 570)
  • Merkelbach (II, n. 789)
  • Vermeersch (n. 251)

Noldin counts Marc among those who forbid it absolutely. All call spiritism superstitious.

Held by most of our authors: B (B 4, A 2). The fuller entry.

Whether the accused must tell the truth

A. He must tell the truth the judge exacts according to law

  • St. Thomas: “the accused is in duty bound to tell the judge the truth which the latter exacts from him according to the form of law” (II-II, q. 69, a. 1)
  • Roman Catechism: “God commands him to confess the truth, if he is interrogated judicially” (The Eighth Commandment)

B. By present law he is not held to confess his crime

  • Merkelbach: “by present-day law he is not held to confess a crime committed by himself” (II, n. 641)
  • Prümmer: “are not always applicable today” (II, n. 163)
  • Noldin (n. 732)
  • Wouters (n. 1142)
  • Vermeersch: “by no civil law is the accused held to confess the delict” (n. 695)

Bontempi, against the Thomists, denies that a half-proof suffices for questioning the accused.

Held by most of our authors: B (B 5, A 1). The fuller entry.

Killing one who consents

A. Injustice is done to the one consenting

B. Unjust to God (and the State), not to him who consents

  • Noldin: “is unjust against God, but cannot be unjust against him who consents” (n. 411)
  • McHugh-Callan: “to God and to the State” (n. 1725)
  • Vermeersch: “suffers no exception” (n. 575)

Our authors are evenly divided (A 3, B 3). The fuller entry.

The worthy or the worthier

A. The worthier is owed

B. A worthy man suffices

Held by most of our authors: A (A 4, B 1). The fuller entry.

Restitution to the worthier passed over

A. None owed unless a competition gave a strict right

  • Vermeersch (n. 571)
  • Merkelbach — named on this side in the fuller entry
  • McHugh-Callan — named on this side in the fuller entry
  • Wouters — named on this side in the fuller entry
  • Billuart: “not strict right to the benefice, but only a right of aptitude and proportion” (On respect of persons in the…, n. 19)

B. Distributive injustice itself binds to restitution

Also named on this side: Molina, Salon and Bannes, as Bontempi reports (Whether, and how, it is a sin of a, n. 43).

Held by most of our authors: A (A 5). The fuller entry.

Taking in grave necessity

A. Not lawful in grave necessity (Innocent XI, prop. 36)

B. A modest thing, or in quasi-extreme necessity, may be taken

  • Sabetti-Barrett (n. 407)
  • Vermeersch: “some modest thing” (n. 660)

C. In urgent necessity it is lawful to take what is necessary

Held by most of our authors: A (A 3, B 2, C 1). The fuller entry.

Things of great value in extreme necessity

A. Even a thing of the greatest value

B. Not in quasi-extreme necessity

C. Probably not a great sum in a more remote extreme necessity

Held by most of our authors: A (A 3, B 1, C 1). The fuller entry.

Whether extreme necessity gives ownership

A. He makes it his own

B. Only a right to take it, not ownership

  • Merkelbach: “does not make the poor man the owner of another's thing” (II, n. 412)

Held by most of our authors: A (A 3, B 1). The fuller entry.

Damaging the wrong owner by mistake

A. Bound to restitution

  • Merkelbach: “a mere subtlety” (II, n. 296)
  • Prümmer: “conflicts too much with men's moral sense” (II, n. 99)
  • Noldin (n. 463)
  • McHugh-Callan: “probably does not excuse” (n. 1764)

B. Probably no obligation before a sentence

Noldin: one who follows St. Alphonsus cannot in practice be obliged.

Held by most of our authors: A (A 4, B 2). The fuller entry.

Repairing personal harm with money

A. Compensation in money is owed

B. Not owed

  • St. Alphonsus, as Merkelbach reports him (II, n. 297)

Merkelbach judges the other opinion usable in practice.

Held by most of our authors: A (A 2). The fuller entry.

The confessor who does not warn of restitution

A. Mere omission does not bind him

B. Bound (if he culpably neglects, or frees one who must restore)

  • Noldin (n. 497)
  • McHugh-Callan: “confessors who culpably neglect to give penitents needed spiritual advice” (n. 1780)

Also named on this side: Navarrus and others, as Bontempi reports (On the indirect causes of loss, n. 8).

Held by most of our authors: A (A 4, B 2). The fuller entry.

Servants and goods in their care

A. Bound for goods specially in their care

B. Probably not bound, except those set over a thing

C. Bound against strangers for any goods; against fellow servants only for goods in their custody

Held by most of our authors: A (A 2, B 1, C 1). The fuller entry.

When the soul is infused

A. At or soon after conception (now commonly admitted)

B. Later animation still probable, though in practice life is held to begin at conception

  • McHugh-Callan: “still has great probability physically” (n. 1848)
  • Vermeersch (n. 622)

C. Freely disputed

  • Wouters: “freely disputed” (n. 732)

All forbid the direct abortion of a fetus not yet animated.

Our authors are evenly divided (A 2, B 2, C 1). The fuller entry.

A doubtful or ectopic pregnancy

A. Removal allowed when the mother is in danger

B. The same rules as for a certain fetus

Held by most of our authors: A (A 3, B 1). The fuller entry.

A condemned man ordered to kill himself

A. Not lawful: no man is judge of himself

B. Not certainly illicit (probable) at public command

  • Merkelbach: “not dare to condemn as certainly illicit” (II, n. 350)
  • Sabetti-Barrett (n. 264)

Setting out both: McHugh-Callan (n. 1856).

Held by most of our authors: B (B 2). The fuller entry.

Mutilating oneself to escape a tyrant

A. Lawful

Also named on this side: Bassaeus, as Bontempi reports (Whether the mutilation of a limb i, n. 4).

B. No one is bound or able to do it

Our authors are evenly divided (A 1, B 1). The fuller entry.

Self-killing at God's inspiration

A. Certainly lawful

B. Whether God ever did so is uncertain

  • McHugh-Callan: “whether God has ever done this is uncertain” (n. 1856)

Held by most of our authors: A (A 2, B 1). The fuller entry.

Intending the aggressor's death

A. Only indirect killing: the death may not be intended

  • St. Thomas: “it is not lawful for a man to intend killing a man in self-defense” (II-II, q. 64, a. 7)
  • Merkelbach: “nothing except indirect killing” (II, n. 361)
  • McHugh-Callan (n. 1834)

Also named on this side: Cajetan and Billuart, as Wouters reports (n. 746).

B. The killing may be taken as a means

Also named on this side: Lugo and Waffelaert, as Merkelbach reports (II, n. 361).

On the reason: Sabetti-Barrett, the aggressor cannot keep the right to his life against the innocent; Vermeersch rests it on the double effect.

Held by most of our authors: A (A 2, B 1). The fuller entry.

Striking first against a planned attack

A. Not lawful before the aggression

B. The contrary is more probable (though scarcely to be held in practice)

  • Marc (n. 734) — “more probable”

Held by most of our authors: A (A 3, B 1). The fuller entry.

Killing to defend lesser goods

A. Lawful for goods of great value and for chastity

  • Prümmer (II, n. 122)
  • Noldin — named on this side in the fuller entry
  • Wouters — named on this side in the fuller entry
  • Marc — named on this side in the fuller entry
  • Sabetti-Barrett — named on this side in the fuller entry

B. Only probable for goods; very doubtful for chastity

Setting out both: McHugh-Callan (n. 1840).

Held by most of our authors: A (A 5, B 1). The fuller entry.

Fighting when refusal means death

A. He may fight for mere defense

  • Sabetti-Barrett: “to fight for mere defense, even by accepting weapons from the adversary” (n. 275)
  • McHugh-Callan (n. 1436)

Also named on this side: Sanchez, Bannes and Cajetan, as Bontempi reports (Whether, and how, the duel is unla, n. 23).

B. Altogether false

Held by most of our authors: A (A 2, B 1). The fuller entry.

Why moderate interest is now lawful

A. Extrinsic titles, ordinarily present, or the title of civil law

  • Merkelbach: “ordinarily” (II, n. 579)
  • Prümmer (II, n. 288)
  • Marc: “until the Holy See has issued a definitive decision” (n. 1112)
  • Vermeersch: “while the present condition of society perseveres” (n. 450)

B. Permitted by the Church even without another title

  • Noldin: “even if another title making the gain honorable does not exist” (n. 586)

C. The fruitfulness of money itself

D. The "trading" loan is a fiction the Scriptures and Fathers explode

Concina wrote before the Holy See's responses.

Held by most of our authors: A (A 4, B 1, C 1, D 1). The fuller entry.

Prices of necessities in scarcity

A. Justice itself sets a maximum price on necessities

B. The price is the common estimate

The others measure the price by the common estimate.

Held by most of our authors: A (A 2). The fuller entry.

A judge privately certain of innocence

A. He must follow the evidence (with the lightest penalty, if no legal way out)

  • St. Thomas: “he is unable to reject that evidence juridically, he must, as stated above, follow it in pronouncing sentence” (II-II, q. 67, a. 2)
  • Merkelbach: “not logically founded” (II, n. 637)
  • McHugh-Callan: “the lightest penalty allowed by the law” (n. 1951)

B. He may by no means condemn the innocent

C. At his pleasure: the matter is controverted

  • Noldin: “at his pleasure,” (n. 723)

Setting out both: Prümmer (II, n. 158).

St. Alphonsus sides with St. Bonaventure in capital cases, as Marc and Sabetti-Barrett report.

Held by most of our authors: A (A 2, B 1, C 1). The fuller entry.

The price of an unjust sentence

A. He may keep it, as for a base contract

B. It is owed back by natural law

Held by most of our authors: A (A 6, B 1). The fuller entry.

A silent witness and restitution

A. Not held: he did not positively inflict the damage

  • Merkelbach: “held himself negatively, is not held,” (II, n. 642)
  • Noldin: “does not positively inflict damage, but only does not impede it” (n. 741)
  • Wouters (n. 1146)
  • Sabetti-Barrett (n. 564)
  • McHugh-Callan (n. 1993)

B. He sins against justice and must restore

Held by most of our authors: A (A 5, B 1). The fuller entry.

A guilty man fleeing a prison of punishment

A. He may flee (commonly taught)

B. Not unless the prison is excessively harsh or the penalty atrocious

Setting out both: McHugh-Callan (n. 1982).

Prümmer adds that flight today is often illicit, against right and the love of oneself.

Held by most of our authors: B (B 4, A 3). The fuller entry.

Bribing or drugging the guards

A. He may bribe the guards (if unjustly condemned)

  • Merkelbach: “can, by giving money, induce guards not to obstruct his flight” (II, n. 641)
  • Noldin: “who has been forewarned” (n. 733)

B. Never: it is intrinsically evil, the guards bound by justice

Prümmer and Wouters allow making the guards drunk; Bontempi forbids a sleeping potion as mortal. Wouters forbids bribery to one justly condemned.

Held by most of our authors: B (B 3, A 2). The fuller entry.

Damage done in breaking prison

A. He must repair notable damage (or the broken prison)

  • Prümmer: “seems truer,” (II, n. 164)
  • Noldin: “according to the common opinion” (n. 733)

B. Not: he uses his own right

Held by most of our authors: B (B 3, A 2). The fuller entry.

A sentence told in another region

A. Lawful anywhere: the sentence took away the right in that matter

B. Against justice where the accused has not been deprived of it

  • Merkelbach: “because there the accused has not been deprived of the right to reputation” (II, n. 430)

Held by most of our authors: A (A 5, B 1). The fuller entry.

A crime public in one place, told elsewhere

A. Unjust, except for crimes that make a man dangerous

B. Lawful, or probably not mortal

C. Against charity, not justice

Held by most of our authors: B (B 4, A 2, C 2). The fuller entry.

Recalling a forgotten crime

A. Against justice (the right to reputation revived)

B. No violation of justice; against charity

The sides answer a crime public only in fact. Where it was public by sentence: Noldin, Merkelbach and McHugh-Callan find no injustice, Wouters allows it, Vermeersch judges today's law against it.

Held by most of our authors: A (A 3, B 2). The fuller entry.

Taking back a true detraction

A. Equivocal words are allowed ("I was deceived")

  • St. Alphonsus, as Marc reports him (n. 1206)
  • Noldin: “that he erred, that he was deceived” (n. 656)
  • Sabetti-Barrett (n. 315)
  • Marc: “I drew this out of my head” (n. 1206)

B. Amphibology allowed, but praise preferred

  • Merkelbach: “smells of mental restriction” (II, n. 445)

C. No mental restrictions: say his words were unjust

  • Vermeersch: “The use of mental restrictions, which others concede and even command, cannot be approved by us” (n. 603)
  • McHugh-Callan: “were unjust” (n. 2093)

Held by most of our authors: A (A 3, C 2, B 1). The fuller entry.

Money for a lost good name

A. Not bound: reputation and money are not goods of one order

  • Noldin: “because reputation and money are not goods of the same order” (n. 655)
  • Marc: “because reputation and money are not goods of the same order” (n. 1205)
  • Wouters: “because reputation and money are not goods of the same order” (n. 1074)
  • Bontempi: “cannot be made” (Whether, and how, restitution of f, n. 11)

B. Counselled or owed as a benefit, money if he is satisfied

  • Merkelbach: “can be counseled” (II, n. 445)
  • McHugh-Callan: “should make a profitable compensation by the bestowal of a benefit” (n. 2094)

Held by most of our authors: A (A 4, B 2). The fuller entry.

Retracting on oath

A. Required if the retraction would not otherwise work

B. Only a simple retraction

Held by most of our authors: A (A 5, B 1). The fuller entry.

Using knowledge unjustly gained

A. Unlawful (the knowledge must not be unjustly gained)

Also named on this side: Lugo, as Prümmer reports (II, n. 192).

B. Lawful: to use it once acquired breaks no law

Also named on this side: Lessius and Concina, as Prümmer reports (II, n. 192).

Setting out both: Prümmer (II, n. 192).

Held by most of our authors: A (A 3). The fuller entry.

Must a superior ask pardon

A. Never (or rarely) obliged

B. Restitution must equal the injury, superiors too

Held by most of our authors: A (A 5, B 1). The fuller entry.

A private insult, repaired in justice?

A. Repaired in justice

  • Vermeersch: “because dishonoring, as such, is damnose” (n. 596)
  • Marc: “according to the common and true opinion” (n. 1215)
  • Merkelbach (II, n. 447)

B. Only charity binds

Also named on this side: Molina, as Vermeersch reports (n. 596).

Setting out both: McHugh-Callan (n. 2022).

Held by most of our authors: A (A 3). The fuller entry.

Whether asking pardon always suffices

A. Asking pardon suffices for any injury

B. For a very grave injury to a superior, on bent knees

  • St. Alphonsus, as Marc reports him (n. 1215)
  • Marc: “more probable” (n. 1215)

Held by most of our authors: A (A 3, B 1). The fuller entry.

Cursing things without reason

A. Lawful in their relation to man, for an honorable end

B. Never lawful to curse them

  • Bontempi: “universally that it is not lawful to curse these” (On curses, n. 17)

Held by most of our authors: A (A 2, B 1). The fuller entry.

Restitution for a rash judgment

A. No restitution arises from it as such

  • Noldin: “the obligation of restitution does not arise from rash judgment as such” (n. 659)

B. Bound to lay the judgment aside, a kind of restitution in justice

  • Wouters: “to a certain species of restitution, namely that one lay aside the aforesaid judgment” (n. 1077)
  • Marc: “held from justice to reform his suspicion and his judgment” (n. 1194)
  • Merkelbach (II, n. 444)

Held by most of our authors: B (B 3, A 1). The fuller entry.

An entrusted secret and the innocent condemned

A. It may be revealed to save the innocent

  • Prümmer: “I ought rather to save the life of the innocent man than the life of the guilty man” (II, n. 180)

B. The secret still binds, even then

  • Noldin: “even if by manifestation the damage of the innocent person could be averted” (n. 670)
  • Sabetti-Barrett (n. 325)
  • Vermeersch: “even the damage of an innocent person must be put after it” (n. 699)
  • Wouters (n. 1089)
  • Merkelbach (II, n. 855)
  • Marc: “unless the guilty person unjustly strives to accuse the innocent” (n. 1187)

Setting out both: McHugh-Callan (n. 2418).

Held by most of our authors: B (B 6, A 1). The fuller entry.

Reading torn-up letters

A. Against justice

B. Probably not against justice; venial curiosity

  • Noldin: “is probably not against justice” (n. 671)
  • Vermeersch: “only to venial curiosity” (n. 700)

Also named on this side: Lugo, as Prümmer reports (II, n. 181).

Held by most of our authors: A (A 5, B 2). The fuller entry.

A secret promised at the cost of life

A. The promise is to be kept

B. It does not bind with grave inconvenience, unless expressly

  • Noldin: “unless someone expressly obligated himself otherwise” (n. 668)

Setting out both: Wouters (n. 1089).

Held by most of our authors: A (A 2, B 1). The fuller entry.

How far a dream may be believed

A. If it is probably from God, it may be believed

  • Noldin: “we can believe it and direct our actions according to it” (n. 156)
  • Wouters: “at least permissible to suspect” (n. 600)
  • Bontempi: “if there is not probability that those dreams are from God, it will not be permitted to give faith to them” (On divination from dreams, n. 3)

B. In doubt not to be believed; almost certainty is wanted

  • Marc: “faith is not to be applied to them” (n. 565)
  • Vermeersch: “almost certain” (n. 244)
  • Concina: “If, after sufficient diligence, they remain doubtful, they are to be disregarded — this being the safer course” (Theol. III, diss. II, ch. VI, n. IV)

Our authors are evenly divided (A 3, B 3). The fuller entry.

Fearful avoidances: superstition at all?

A. Superstition

B. Not properly superstition: foolish, a venial defect of trust

  • Noldin: “properly speaking, a sin of superstition is not committed by these” (n. 160)
  • Vermeersch: “a fearful rather than strictly superstitious mind” (n. 242)
  • McHugh-Callan (n. 2295)

Held by most of our authors: B (B 3, A 2). The fuller entry.

A turning table and its answers

A. The simple rotation is lawful (with a protest), or not evidently illicit

  • Noldin: “with a protestation against the influence of the demon premised” (n. 167)
  • Wouters: “of itself lawful” (n. 601)
  • Marc: “not evidently illicit” (n. 566)

B. Not to be permitted; the faithful kept from it

Setting out both: McHugh-Callan (n. 2297).

On its answers: Prümmer and Merkelbach find some explicable naturally; Noldin and Sabetti-Barrett hold any consultation illicit.

Our authors are evenly divided (A 3, B 3). The fuller entry.

Preaching unprepared: tempting God, presumption, or neither

A. Tempting God (grave in an untaught cleric who expects God to suggest it)

Also named on this side: Navarrus, as Bontempi reports (What temptation is, and of how man, n. 7).

B. Not tempting God unless special aid is expected; another sin

C. Venial

Held by most of our authors: B (B 3, A 2, C 1). The fuller entry.

An oath confirming grave detraction: venial as an oath, or a second mortal sin

A. As an oath, venial

  • Noldin: “even if the sin against charity or justice is grave” (n. 255)

B. The oath is grave as the instrument of the detraction

C. Two mortal sins

Held by most of our authors: B (B 5, C 2, A 1). The fuller entry.

Stealing a purse in a church: sacrilege, or only if the church held it

A. Every grave theft in a sacred place is sacrilege

B. Only if the thing belongs to the church or is in its keeping

Held by most of our authors: B (B 6, A 4). The fuller entry.

Breaking a private vow of chastity: sacrilege or not

A. Not sacrilege properly so called

B. Sacrilege (more probably, or probable in practice)

  • St. Alphonsus, as Noldin reports him (n. 177)
  • Marc: “others, perhaps more probably, affirm” (n. 581)

Setting out both: Wouters (n. 614).

Noldin, with St. Alphonsus, allows the affirming opinion as probable in practice. All agree it sins against religion as well as chastity.

Held by most of our authors: A (A 5, B 1). The fuller entry.

Breaking the vows of poverty and obedience: sacrilege or not

A. Personal sacrilege

Also named on this side: the Salmanticenses, as Marc reports (n. 581).

B. Not sacrilege

  • McHugh-Callan (n. 2313)
  • Wouters: “does not involve sacrilege” (n. 614)

Also named on this side: Suarez, as Marc reports (n. 581).

St. Alphonsus speaks to religious, in The True Spouse of Jesus Christ.

Our authors are evenly divided (A 2, B 2). The fuller entry.

What profanes a church: only the acts the Code names, or more

A. Only the acts the Code names

B. Also other sins against the sanctity of the place

Also named on this side: de Lugo, as Noldin reports (n. 178).

Held by most of our authors: B (B 4, A 1). The fuller entry.

Tithes and dues withheld: sacrilege or not

A. Personal sacrilege

B. Not sacrilege: the Church does not yet possess them

Setting out both: Prümmer (II, n. 554).

Held by most of our authors: B (B 4, A 1). The fuller entry.

A price for the labor of the sacred act itself: simony or not

A. A price may be received even for the ordinary labor

B. Simony of divine law: such labor is valued only from the spiritual work

Held by most of our authors: B (B 6, A 1). The fuller entry.

Paying a priest who will not give a sacrament free: never, or for grave cause

A. Never: rather die unbaptized (baptism of desire supplies)

  • St. Thomas: “must by no means pay a price for Baptism, and should rather die without being baptized” (II-II, q. 100, a. 2, ad 1)
  • Concina: “Whence is rejected the opinion of those who teach that money can be given for the bending of the will of an avaricious priest” (XII, diss. II, ch. II, n. XIV)

B. For a grave cause, not as a price

Held by most of our authors: B (B 4, A 1). The fuller entry.

A gift binding a youth to the sacraments: simony or not

A. Simony, if the giver means to bind strictly

B. No simony

Setting out both: Noldin (n. 194).

Our authors are evenly divided (A 2, B 2). The fuller entry.

Touches, looks and obscene talk in a church: sacrilege or not

A. Sacrilege, even in secret (more probably)

B. Only acts disposing proximately to the complete act

  • Merkelbach: “disposing altogether proximately to the complete act” (II, n. 1013)

C. Probably not sacrilege

Our authors are evenly divided (A 4, C 4, B 1). The fuller entry.

Secret pollution in a church since the Code: sacrilege or not

A. Still sacrilege, the place to be confessed

  • Prümmer: “since the Code of Canon Law has changed nothing in this matter” (II, n. 547)
  • Noldin (n. 26)
  • Marc: “although the crime is hidden” (n. 788)
  • Sabetti-Barrett (n. 215)
  • Wouters (n. 42)
  • McHugh-Callan: “though under the Code it does not seem to be a desecration” (n. 2312)

B. Not grave local sacrilege

Vermeersch holds fornication in a church grave local sacrilege.

Held by most of our authors: A (A 6, B 1). The fuller entry.

A sin of lust soon after Communion: sacrilege or doubtful

A. Sacrilege while the species remain

  • Noldin (n. 26)
  • Marc: “as long as the sacred species remain” (n. 789)
  • Wouters (n. 42)
  • McHugh-Callan (n. 2533)
  • Vermeersch: “according to the common estimation” (n. 269)

B. Doubtful and not solidly proved

  • Prümmer: “seems doubtful and not solidly proved” (II, n. 702)

Held by most of our authors: A (A 5, B 1). The fuller entry.

A vowed person leading another into sin without lust of his own

A. Not sacrilegious without his own lust

B. Sacrilege where he leads from an affection toward lust, or with his hands

  • Marc: “pollutes him with his hands, although without his own pleasure” (n. 787)

Held by most of our authors: A (A 3, B 1). The fuller entry.

Cemeteries and semi-public oratories: sacred places for carnal sacrilege or not

A. Blessed cemeteries (and semi-public oratories) too

  • Noldin (n. 26)
  • Merkelbach: “churches and cemeteries consecrated or blessed” (II, n. 1013)
  • McHugh-Callan (n. 2311)

B. Only a church or public oratory

C. Doubtful of both

Merkelbach's Pastoral names only a church or public oratory.

Held by most of our authors: A (A 3, B 1, C 1). The fuller entry.

The superior's wish without a command: matter of obedience or not

A. It belongs to obedience: a tacit precept

  • St. Alphonsus: “a truly obedient man never waits for a command” (True Spouse, ch. VII)
  • St. Thomas: “the superior's will, however it become known, is a tacit precept” (II-II, q. 104, a. 2)
  • Marc: “a little more broadly” (n. 690)

Also named on this side: Cajetan and Lehmkuhl, as Prümmer reports (II, n. 575).

B. Not obedience strictly; leaving it undone is no disobedience

  • Prümmer: “does not commit a sin of disobedience” (II, n. 575)
  • Merkelbach: “does not pertain to obedience strictly so called” (II, n. 839)
  • Wouters (n. 400)

Also named on this side: Lessius and Billuart, as Prümmer reports (II, n. 575).

Setting out both: Noldin (n. 280); McHugh-Callan (n. 2355).

St. Alphonsus writes for religious, in The True Spouse of Jesus Christ.

Held by most of our authors: B (B 3, A 1). The fuller entry.

What makes disobedience a special sin: contempt, a true precept, or the precept's motive

A. Contempt: the command broken in order not to submit

  • St. Thomas (II-II, q. 105, a. 1, ad 1)
  • Prümmer — named on this side in the fuller entry
  • Merkelbach — named on this side in the fuller entry
  • Noldin — named on this side in the fuller entry
  • McHugh-Callan (n. 2367)
  • Bontempi — named on this side in the fuller entry

B. The breaking of a true precept

C. Only when the precept was given from the motive of obedience

  • Wouters: “which often does not occur” (n. 400)

Held by most of our authors: A (A 5, B 1, C 1). The fuller entry.

A private man punishing lightly: lawful or not

A. Light punishments by private persons are not unlawful

  • Prümmer: “it does not appear unlawful to give a light slap to a boy who has inflicted some injury” (II, n. 610)
  • McHugh-Callan: “such punishments as are not forbidden to private persons” (n. 2381)

B. Private persons cannot exercise vengeance

  • Wouters: “is dishonorable for a private man” (n. 408)
  • Merkelbach: “cannot exercise vengeance by themselves” (II, n. 882)
  • Bontempi: “which only a superior is” (On vindication, n. 4)

Held by most of our authors: B (B 3, A 2). The fuller entry.

The intention to deceive: of the essence of a lie, implicit, or only its perfection

A. Not of its species, but its perfection

B. Implicitly of its essence

C. Its formal part, in the definition

D. What is required is formal speech

  • Vermeersch: “reasonably be judged to will to communicate” (n. 703)

Held by most of our authors: B (B 3, A 2, C 2, D 1). The fuller entry.

Saying the truth one thinks false: a lie, or lying only in a qualified sense

A. It is a lie

B. A lie only in a qualified sense: falsity is also required

Our authors are evenly divided (A 1, B 1). The fuller entry.

A false statement to guard a secret against aggression: lawful defense or a lie

A. A false statement may defend a secret against unjust aggression

  • Vermeersch: “defend your silence or secret by a false statement” (n. 705)

B. A lie is never lawful; the obligation of secrecy ceases instead

  • Merkelbach: “even for just defense” (II, n. 862)
  • Wouters: “the obligation of hiding ceases” (n. 1064)
  • Prümmer (II, n. 169)
  • Noldin (n. 638)
  • Marc: “stand apart from the common opinion” (n. 1177)
  • Sabetti-Barrett: “They certainly err who place the malice of a lie” (n. 313)

C. Only silence or an open refusal

  • Concina: “No other way of concealing truth did Augustine recognize — not internal restrictions, not material locutions, not amphibologies of words, not other inventions of more recent authors” (Theol. V, diss. III, ch. V, n. III)

Held by most of our authors: B (B 6, A 1, C 1). The fuller entry.

The accused who denies his crime: a lie, or a stratagem of defense

A. A stratagem of defense, not a lie

  • Vermeersch: “as it were, a military stratagem” (n. 705)

B. He lies if he denies without restriction

  • Prümmer: “lies if without mental restriction he denies the crime committed” (II, n. 166)
  • Wouters (n. 1062)

C. A restricted denial only when not bound to confess

D. He must confess the truth

Our authors are evenly divided (B 2, C 2, A 1, D 1). The fuller entry.

A restriction used without just cause: a lie, or only a sin against trust

A. A restriction without cause makes a lie

B. A sin, the needless occasion of deception, but not a lie

Held by most of our authors: B (B 4, A 1). The fuller entry.

Mixed speeches before Innocent XI: lawful equivocation or lies

A. Mixed speeches are admitted when one is asked unlawfully

Also named on this side: Cattaneo, as Concina reports (Theol. V, diss. III, ch. VII, n. IX).

B. Not admitted (the purely mental restriction condemned)

  • Noldin (n. 640)
  • Prümmer: “by certain older authors were held lawful” (II, n. 173)

Also named on this side: Soto, Cajetan and Azor, as Bontempi reports (On the other things that are reduc, n. 15).

C. No device beyond silence and open refusal

Bontempi wrote in 1676, before Innocent XI condemned the strict restriction in 1679.

Held by most of our authors: B (B 2, A 1, C 1). The fuller entry.

Telling the customs officer one carries nothing: lawful, or not for clerics

A. Lawful

B. For a cleric today illicit: officers expect an answer without restriction

  • Noldin: “deservedly expect a response without restriction” (n. 641)
  • Prümmer: “in our times it seems illicit” (II, n. 173)

Our authors are evenly divided (A 2, B 2). The fuller entry.

The adulterous wife denying to her husband: lawful, or only probably

A. She may deny it

  • St. Alphonsus, as Wouters reports him (n. 1065)
  • Wouters: “in such a way that she must manifest it” (n. 1065)
  • Marc: “I am innocent of this crime” (n. 1183)
  • Merkelbach: “probably” (II, n. 871)
  • Noldin (n. 641)

Also named on this side: Sanchez, Castropalao and Bonacina (even on oath), as Concina reports (Theol. V, diss. III, ch. VIII, n. VII).

B. Not: contrary to St. Augustine

Held by most of our authors: A (A 4, B 1). The fuller entry.

Integral parts of justice: two acts, or two justices

A. Doing good and declining from evil

B. Constitutive and restitutive justice

Prümmer reports "some modern authors" for the other division.

Held by most of our authors: A (A 2). The fuller entry.

Legal justice: a special virtue, or general

A. A special virtue in essence, general in virtue

B. A general virtue, without special matter

  • Vermeersch: “a general virtue, lacking special matter and commanding in the matter of all virtues” (n. 349)

Also named on this side: Buridan, as Bontempi reports (Whether justice is a special virtu, n. 13).

Held by most of our authors: A (A 4, B 1). The fuller entry.

What right is, and its first sense

A. First the just thing itself

B. First the moral power (faculty)

  • Noldin: “Right, in its proper and primary sense, signifies the inviolable moral power” (n. 266)

C. The inviolable autonomy of the person

  • Vermeersch: “the inviolable autonomy of the person” (n. 346)

On what right essentially is: Merkelbach, with Lugo, a moral preference; Bontempi rejects this as circular.

Held by most of our authors: A (A 2, B 1, C 1). The fuller entry.

Justice or mercy: which is the greater

A. Justice is the greater

  • St. Thomas: “foremost among all the moral virtues” (II-II, q. 58, a. 12)
  • McHugh-Callan: “The superiority of justice to fortitude, temperance, and the annexed virtues, such as mercy” (n. 1715)

B. Mercy (and piety, religion) more perfect

St. Thomas also calls mercy “the greatest” of the virtues toward our neighbor.

Held by most of our authors: B (B 2, A 1). The fuller entry.

Whether commutative justice ever measures by proportion

A. Distributive justice compares several persons in every act

Also named on this side: Lugo, as Bontempi reports (Whether distributive justice diffe, n. 14).

B. Not in every act

Also named on this side: Suarez, Poncius and Mastrius, as Bontempi reports (Whether distributive justice diffe, n. 15).

St. Thomas: distributive justice measures by geometrical proportion, commutative by the arithmetical mean; Bontempi reports writers divided on whether commutative justice ever measures by proportion.

One author of this library answers it (A 1). The fuller entry.

Restitution in money for a harm of another order

A. Compensation in money is owed (more probable speculatively)

B. Not owed before a sentence

  • St. Alphonsus, as Prümmer reports him (II, n. 204)
  • Marc: “is also probable” (n. 928)
  • Noldin: “of counsel, not of precept” (n. 433)
  • Vermeersch: “This reason seems to be preferred” (n. 587)
  • Sabetti-Barrett: “neither can compensation be made” (n. 413)

All grant that money is owed once a judge has imposed it.

Held by most of our authors: B (B 4, A 3). The fuller entry.

Returning a stolen thing to the thief for the price

A. Bound to the owner even at the loss of his price

  • Concina: “The opinion true to me is that the buyer in the case proposed is bound to restore the thing to the lord, as St. Thomas teaches” (IX, diss. II, ch. I, n. XXV)
  • Billuart: “It is more probable that he who buys a stolen thing in good faith, when he knows it is stolen, is held to render it immediately to the true owner, and not to the thief, even though he would not recover his price from the thief” (Whether one who in good faith bought…, n. 2)

Also named on this side: Cajetan, Soto, as Prümmer reports (II, n. 214).

B. He may return it to the thief

  • St. Alphonsus, as Prümmer reports him (II, n. 214); Prümmer: “St. Alphonsus favors this opinion”
  • Merkelbach: “it can probably be returned to the thief” (II, n. 301)
  • Marc: “very probably, and perhaps more probably” (n. 939)
  • Sabetti-Barrett: “more probably the buyer can send the thing back to the thief” (n. 418)
  • Vermeersch: “Many permit him to do this” (n. 651)
  • McHugh-Callan: “it is held by some” (n. 1774)

Also named on this side: St. Antoninus, Báñez, Lugo and Lessius, as Prümmer reports (II, n. 214).

Setting out both: Prümmer (II, n. 214).

Held by most of our authors: B (B 5, A 2). The fuller entry.

Restitution lost in the confessor's hands

A. He is freed (probable)

  • Prümmer: “immune from a new restitution” (II, n. 239)
  • Merkelbach: “perhaps not improbably” (II, n. 331)
  • Noldin: “truly probable” (n. 511)
  • McHugh-Callan: “It is held as probable” (n. 1792)

B. He is not freed

  • St. Alphonsus, as Wouters reports him (n. 1015); Wouters: “deservedly prefers the contrary opinion”
  • Marc: “neither do I dare” (n. 1013)
  • Wouters: “deservedly prefers the contrary opinion” (n. 1015)

Noldin: St. Alphonsus “does not judge probable, but does not dare to condemn” it.

Held by most of our authors: A (A 4, B 2). The fuller entry.

A debtor entering religion

A. He may enter, after surrendering his property

B. He must wait if he hopes to pay within a year or two

  • Vermeersch: “say after one or two years” (n. 681)

Also named on this side: Sanchez, Navarre and Lessius, as Bontempi reports (Whether entrance into religion exc, n. 6).

C. Not while the creditor is known

Also named on this side: Gerson and many Parisian doctors, as Bontempi reports (Whether entrance into religion exc, n. 4).

Held by most of our authors: A (A 2, B 1, C 1). The fuller entry.

Prayer: whether inward attention is of its essence

A. Internal attention is of its essence (for private prayer, or the Office)

Also named on this side: Cajetan, Soto, Concina, Billuart, as Prümmer reports (II, n. 355).

B. External attention suffices, the first intention unrevoked

  • Noldin: “Internal attention is not required for the essence of prayer” (n. 139)
  • Vermeersch: “does not take away the substance of prayer, at least of vocal prayer” (n. 189)
  • Merkelbach: “as long as the first intention of praying and attending is not revoked” (II, n. 672)

Also named on this side: Durandus, Lugo and many moderns, as Prümmer reports (II, n. 355).

Setting out both: McHugh-Callan, “According to the opinion of many modern authors, external attention suffices” (n. 2174).

St. Thomas: attention is absolutely necessary for the refreshment of the mind; for merit and impetration the first intention suffices.

Our authors are evenly divided (A 3, B 3). The fuller entry.

The souls in purgatory: praying for us, and invoked

A. They pray for us and may be invoked (more probably)

  • Prümmer: “can more probably pray both for themselves and for those living on this earth” (II, n. 334)
  • Noldin: “It is very probable” (n. 141)
  • Bontempi: “it is probable that the souls of Purgatory pray for us” (Who ought to pray, n. 9)
  • McHugh-Callan: “privately to invoke” (n. 2159)

B. They are not in a condition to pray

C. Disputed

  • Merkelbach: “disputed” (II, n. 665)
  • Wouters: “There is no obligation of invoking souls detained in purgatory” (n. 585)

Held by most of our authors: A (A 4, C 2). The fuller entry.

Prayer for another: whether infallibly heard

A. Not always heard (an obstacle in the other)

  • St. Thomas: “we are not always heard when we pray for others” (II-II, q. 83, a. 15, ad 2)
  • Prümmer: “it sometimes happens that prayer made for another does not impetrate” (II, n. 352)

B. Of itself infallible

Also named on this side: Suarez and others, as Noldin reports (n. 145).

Setting out both: Merkelbach, “who is well disposed is infallible is disputed” (II, n. 679); Wouters (n. 586).

One author of this library answers it (A 1). The fuller entry.

Fear and the validity of a vow

A. Grave unjust fear voids it by natural law too

  • Noldin: “but also by the law of nature” (n. 214)

B. Only by ecclesiastical law; valid by natural law

C. Disputed

  • Wouters: “It is disputed whether such fear also by natural law impedes the validity of a vow” (n. 642)

Of light fear: Prümmer and Concina, it does not void a vow; Noldin and Merkelbach, probably it does when it was the sole cause.

Held by most of our authors: B (B 2, A 1, C 1). The fuller entry.

A husband annulling his wife's vows

A. He can annul all her vows made in marriage

  • St. Thomas: “of a wife, without the consent of her husband” (II-II, q. 88, a. 8, ad 3)
  • Marc: “a husband can directly irritate the vows of his wife emitted during the time of marriage” (n. 638)
  • Merkelbach: “The husband, probably, can annul the vows of his wife, because he is the head of the woman” (II, n. 735)

B. Only vows that touch his rights

  • Prümmer: “seems to be truer and more common” (II, n. 418)
  • Noldin: “seems to be preferred” (n. 231)
  • Concina: “marriage, the governance of the family, the administration of goods, and the education of children” (III, diss. IX, ch. V, n. XVI)

Setting out both: McHugh-Callan (n. 2228).

Held by most of our authors: B (B 3, A 2). The fuller entry.

Obedience: whether it needs a true precept

A. A known wish suffices

  • St. Thomas: “a command tacit or express, because the superior's will, however it become known, is a tacit precept” (II-II, q. 104, a. 2)

Also named on this side: Lehmkuhl, as Noldin reports (n. 280).

B. A true precept is required

  • Marc: “only when a true precept issued by a Superior is transgressed” (n. 690)

Also named on this side: Lessius, as Noldin reports (n. 280).

Setting out both: Prümmer, “Theologians dispute whether formal obedience demands a true command of the superior” (II, n. 575).

One author of this library answers it (B 1). The fuller entry.

The cross and images: relative latria or a lesser worship

A. Relative latria

  • Prümmer: “The other part of this thesis is disputed” (II, n. 386)
  • Merkelbach: “the name and images of God, the cross of Christ, the instruments of the Passion, and relics are worshiped” (II, n. 653)
  • Marc (n. 536)
  • Concina: “since the Cross of Christ is his image. Now the image of Christ is adored with the same worship as Christ himself” (III, diss. VII, ch. I, n. VI)
  • St. Thomas

B. A lesser worship

Also named on this side: Bellarmine, as Prümmer reports (II, n. 386).

Held by most of our authors: A (A 4). The fuller entry.

Where It Belongs

Which virtue the lesser degrees offend

A. Against charity

  • Noldin: “Suspicion and doubt, if they are voluntary, are sins against charity” (n. 659)

B. Against justice

  • Wouters: “Judgment, opinion, and doubt, rashly conceived, are sins, and indeed against justice” (n. 1077)

C. Against both

Our authors are evenly divided (A 1, B 1, C 1). The fuller entry.

Truthfulness, justice or charity

A. Against truthfulness

  • Prümmer: “violation of a secret violates it by excess” (II, Section 4)

B. Against justice or charity, by the harm done

C. Against charity and fidelity together

  • Merkelbach: “against charity and at the same time against fidelity or justice” (II, n. 855)

Held by most of our authors: B (B 2, A 1, C 1). The fuller entry.

Unequal burdens: distributive or commutative

A. An inequitable distribution of burdens violates commutative justice

B. Distributive justice regards the goods, not the burdens, of the community

C. Favoritism

Held by most of our authors: A (A 3, B 1, C 1). The fuller entry.

Denying due honor: distributive justice or observance

A. Against distributive justice

B. Against observance only

Also named on this side: Cajetan and Lessius, as Bontempi reports (Whether acceptance of persons has, n. 5).

One author of this library answers it (A 1). The fuller entry.

A common thing stolen in a church: sacrilege?

A. Sacrilege only if handed over to the custody of the place

B. Any non-sacred thing taken from a sacred place is sacrilege

Our authors are evenly divided (A 1, B 1). The fuller entry.

Whispering: charity or justice

A. Always against justice: a strict right to friendship once possessed

  • St. Alphonsus, as Wouters reports him (n. 1079)
  • Merkelbach: “because it takes away from another the good of friendship, for preserving which, once friendship has been entered, he has a strict right by reason of possession” (II, n. 434)
  • Wouters (n. 1079)

B. Of its nature only against charity

  • McHugh-Callan: “only a sin against charity, for the injured party has no strict right to friendship” (n. 2104)

C. Against justice when done by deceit, fraud, lies

Held by most of our authors: A (A 2, B 1, C 1). The fuller entry.

Cursing: charity or justice

A. Against charity (ordinarily only)

  • St. Thomas: “of its very nature, contrary to charity” (II-II, q. 76, a. 3)
  • Noldin: “ordinarily is opposed only to charity” (n. 208)
  • McHugh-Callan: “essentially opposed to charity” (n. 2113)

B. Also against justice, as a dishonoring

C. Charity or justice, by how the evil is wished

Our authors are evenly divided (A 2, C 2, B 1). The fuller entry.

Superstition or a sin against oneself

A. A sin against charity toward oneself, not superstition

Also named on this side: Valencia, as Bontempi reports (On superstitious observances for w, n. 2).

B. Tacit invocation wherever the means lack power

Our authors are evenly divided (A 1, B 1). The fuller entry.

A stipend above the rate: simony, or only injustice

A. Not simony: unjust rather than simoniacal

B. Simony of the Church's law

Setting out both: McHugh-Callan (n. 2330).

Vermeersch judges a stipend for a forbidden second Mass of the day simony of divine law.

Held by most of our authors: A (A 5, B 1). The fuller entry.

A rich monastery asking support at profession: simony of divine law or of the Church's law

A. Not simony of divine law if asked for support

B. Of the Church's law (at least)

C. Unlawful: nothing beyond food and clothing in probation

Our authors are evenly divided (B 2, C 2, A 1). The fuller entry.

Selling indulgenced rosaries: simony of the Church's law, or none

A. Simony of the Church's law

B. Not simony if nothing is asked for the blessing

Our authors are evenly divided (A 3, B 3). The fuller entry.

Thanks owed to God: gratitude, or religion

A. Religion

B. Gratitude (religion commands its acts)

Held by most of our authors: A (A 3, B 2). The fuller entry.

Flattery: a sin against truth (eighth commandment), or against affability

A. Against truth (the eighth commandment)

B. Against affability, an excess in pleasing

Held by most of our authors: A (A 3, B 2). The fuller entry.

The ruler's lawmaking: legal or commutative justice

A. Legal justice, in the prince architectonically

  • St. Thomas: “in the sovereign principally and by way of a mastercraft” (II-II, q. 58, a. 6)
  • Merkelbach: “principally and, as it were, architectonically” (II, n. 260)
  • Noldin: “by prescribing those things which are necessary for procuring the common good” (n. 272)
  • Prümmer: “the prince establishes good laws” (II, n. 71)

B. Commutative justice: it is the ruler's office

  • Vermeersch: “to establish good laws, to administer well the republic or the Church is for rulers an office of commutative justice” (n. 347)

Held by most of our authors: A (A 3, B 1). The fuller entry.

Judgment: an act of justice, distributive justice or prudence

A. An act of justice (properly)

B. Primarily an act of distributive justice

  • Merkelbach: “which primarily and formally is an act of distributive justice” (II, n. 132)

C. Private judgment of a neighbor belongs to prudence

Held by most of our authors: A (A 2, B 1, C 1). The fuller entry.

How Many

Daughters of covetousness

A. Seven

  • St. Thomas
  • Prümmer — named on this side in the fuller entry
  • Merkelbach — named on this side in the fuller entry

B. Six

C. Five

Held by most of our authors: C (C 3, A 2, B 1). The fuller entry.

Annexed virtues

A. Eight principal

B. Nine

C. Three and six

D. Obedience apart from observance

Our authors are evenly divided (A 1, B 1, C 1, D 1). The fuller entry.

How small thefts coalesce

A. Two ways

B. Three

C. Four

D. Five

Held by most of our authors: B (B 2, A 1, C 1, D 1). The fuller entry.

Ways of cooperating in injustice

A. St. Thomas's nine

B. Seven classes bound to restitution

All the manuals repeat St. Thomas's nine in his verse.

One author of this library answers it (B 1). The fuller entry.

Calumny and detraction: one species or two

A. Calumny differs in species

  • Marc: “differs in species from simple detraction” (n. 1195)

B. One species of injury, calumny adding a lie

Setting out both: McHugh-Callan (n. 2039).

Noldin and Sabetti-Barrett reject St. Alphonsus's view that detractions about crimes of different kinds differ in species.

Held by most of our authors: B (B 5, A 1). The fuller entry.

Derision: its own species?

A. A special kind of sin

B. The same moral species as contumely

Our authors are evenly divided (A 3, B 3). The fuller entry.

Several evils in one curse

A. Several sins, by the evils wished

B. One sin, under the general aspect of evil

Held by most of our authors: B (B 2, A 1). The fuller entry.

Rash judgment and detraction: one species or two

A. A different species from detraction

  • Merkelbach: “And thus it differs in species from detraction” (II, n. 420)

Also named on this side: Lugo, as Merkelbach reports (II, n. 420).

B. The difference merely material

Setting out both: Wouters (n. 1077).

One author of this library answers it (A 1). The fuller entry.

Divination and vain observance: one species or two

A. Two species, by their ends

B. One moral species

Concina: an express pact must still be disclosed in confession. Vermeersch rearranges the matter by formal differences.

Held by most of our authors: B (B 7, A 1). The fuller entry.

Sacrilege: three species or two

A. Three species

B. Two: local and real reduced to one

  • Vermeersch: “seems capable of being safely denied,” (n. 265)

Setting out both: Wouters (n. 612).

Held by most of our authors: A (A 3, B 1). The fuller entry.

How often the precept of prayer binds

A. Several times a year (or in life); no fixed rule provable

  • Prümmer: “All these opinions cannot be strictly proved” (II, n. 347)
  • Merkelbach: “others more probably: at least several times in a year” (II, n. 677)
  • Marc: “more often in the year, indeed frequently” (n. 549)

B. Every month

  • St. Alphonsus, as Prümmer reports him (II, n. 347)

C. Every Sunday

Concina rejects once a year “as evidently false”.

Held by most of our authors: A (A 3, C 1). The fuller entry.

Neglecting to pray in temptation: a second sin?

A. No second sin

Also named on this side: Lessius, Villalobos, Prado, the Salmanticenses, as Concina reports (III, diss. V, ch. II, n. XIII).

B. A second sin, against religion

  • Concina: “Lessius, Villalobos, Prado, the Salmanticenses, and others deny it. Graver Theologians, with St. Thomas, affirm it. This opinion is more probable to me, and true” (III, diss. V, ch. II, n. XIII)
  • St. Thomas

One author of this library answers it (B 1). The fuller entry.

One Word, Two Senses

Duel

A. Defined without regard to its end

B. Defined by its end: the judicial duel

Held by most of our authors: A (A 2, B 1). The fuller entry.

Material idolatry

A. Idolatry feigned outwardly from fear

B. Inculpable idolatry

  • Sabetti-Barrett: “inculpable” (n. 204)

Held by most of our authors: A (A 2, B 1). The fuller entry.

Material ingratitude: a venial omission, or no special sin at all

A. The omission of gratitude without contempt, ordinarily venial

B. Not a special sin, a circumstance of another

  • Merkelbach: “not a special sin” (II, n. 878)
  • McHugh-Callan: “any injury done a benefactor without contempt” (n. 2377)

Held by most of our authors: B (B 2, A 1). The fuller entry.

Liberality: giving to the needy for God, or the right measure with money

A. Giving to the needy for God

B. The right measure in using money

  • Prümmer (II, n. 615)
  • McHugh-Callan: “may be without charity” (n. 2424)
  • Merkelbach: “it gives even to the unknown, not only to friends” (II, n. 884)

Held by most of our authors: B (B 3, A 2). The fuller entry.

Breaking a vow: sacrilege or not

A. Breaking any true vow is sacrilege

Also named on this side: Cajetan, as Prümmer reports (II, n. 403).

B. Not of itself sacrilege (only certain vows)

  • Merkelbach: “of itself it is not sacrilege, because it is not the violation of a sacred thing” (II, n. 722)
  • McHugh-Callan: “is committed only by sins against certain vows” (n. 2209)
  • Vermeersch: “differs specifically from sacrilege” (n. 221)

Setting out both: Prümmer, “This controversy is a dispute about a name” (II, n. 403).

Held by most of our authors: B (B 3). The fuller entry.

Equity and epikeia

A. Epikeia a subjective part of (legal) justice; equity an annexed virtue

  • St. Thomas: “a subjective part of justice” (II-II, q. 120, a. 2)
  • Merkelbach: “pertains to legal justice, of which it is a subjective part or species” (II, n. 891)
  • McHugh-Callan: “the rank of a subjective part” (n. 2430)
  • Vermeersch (n. 685)

B. One twofold epikeia

  • Prümmer: “Epikeia can be taken in a twofold sense” (II, n. 617)

C. Equity an annexed virtue

  • Marc: “although this is rather referred to legal justice” (n. 403)

Held by most of our authors: A (A 3, B 1, C 1). The fuller entry.