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Proceed we to the next command. Some of their Doctors have determined, that fornication is not intrinsically evil, nor forbidden, because it is evil, but only evil because it is forbidden. (h)So Martinus a Magistris, and after him Durandus, held, that fornication is not condemned by the law of nature, as a sin deserving eternal death; but is only prohibited by a positive law, Deut. 23. Eph. 5. And so it will be no worse, nor deserve any more than a Venial fault; since a positive law neither adds to the penalty, nor makes it a greater evil, but only declares the native evil of it, more expressly. Not only fornication, but also adultery, even in the Clergy, has passed amongst them as a lesser sin, and is so expressed in the Pontifical Law. For some crimes Clergy-men were to be deposed, for others the Bishop might dispense with them, to wit, when they were lesser faults. 2Amongst these lesser Pope Alexander 3 reckons adulteries; but for Adulteries, says he, and ⟨p. 234⟩other lesser crimes, the Bishop after they have done penance, may dispense with the Clergy. They teach, that for a whore, though she be a married woman, or a Nun, to seek or receive a reward for prostituting herself, is but a Venial fault, if any. Only they differ how she should have it. (k)Some say as a gift or gratuity; but (l)others as a hire, legally due in justice. By which it is evident, that either they must think such uncleanness not to be intrinsically evil; or else, that it is as warrantable to seek and receive rewards for other such acts of wickedness (as for slandering, robbing, assassinating men, or firing houses, &c. The (m)use of matrimony, before the marriage be solemnized, if it be without contempt, is no mortal sin, says Cajetan; because neither the violation of rules, nor of custom, through the weakness of passion, can be mortal: others concur with him her in. Nor do Antonin and John Tabienna much mend the matter; who will have the first act to be a sin, but none of the rest after.
He or she who first contracts marriage with one privately, and after with another publicly, sins not mortally, if they lye with the former, without scandal; but is bound to live with the latter, the Church commanding it, if there be no danger of coming together. As though they could cohabit together, as man & wife, without such danger.
PRoceed we to the next command. Some of their Doctours have determined, that fornication is not intrinsically evil, nor forbidden, because it is evil, but only evil because it is forbidden. (h)So Martinus a Magistris, and after him Durandus, held, that fornication is not condemned by the law of nature, as a sin deserving eternal death; but is only prohibited by a positive law, Deut. 23. Eph. 5. And so it will be no worse, nor deserve any more than a Venial fault; since a positive law neither adds to the penalty, nor makes it a greater evil, but only declares the native evil of it, more expressly. Not only fornication, but also adultery, even in the Clergy, has passed amongst them as a lesser sin, and is so expressed in the Pontifical Law. For some crimes Clergy-men were to be deposed, for others the Bishop might dispense with them, to wit, when they were lesser faults. 2Amongst these lesser Pope Alexander 3 reckons adulteries; but for Adulteries, saies he, and ⟨p. 234⟩other lesser crimes, the Bishop after they have done penance, may dispense with the Clergy. They teach, that for a whore, though she be a married woman, or a Nun, to seek or receive a reward for prostituting herself, is but a Venial fault, if any. Only they differ how she should have it. (k)Some say as a gift or gratuity; but (l)others as a hire, legally due in justice. By which it is evident, that either they must think such uncleanness not to be intrinsically evil; or else, that it is as warrantable to seek and receive rewards for other such acts of wickedness (as for slandering, robbing, assasinating men, or firing houses, &c. The (m)use of matrimony, before the marriage be solemnized, if it be without contempt, is no mortal sin, saies Cajetan; because neither the violation of rules, nor of custome, through the weakness of passion, can be mortal: others concur with him her in. Nor do Antonin• and John Tabienna much mend the matter; who will have the first act to be a sin, but none of the rest after. (n)He or she who first contracts marriage with one privately, and after with another publickly, sins not mortally, if they lye with the former, without scandal; but is bound to live with the latter, the Church commanding it, if there be no danger of coming together. As though they could cohabit together, as man & wife, without such danger.
(h)Affirmat Martinus—quod fornicatio non est sua natura mala, et ideo prohibita, i• vero ab id tantum est mala, quia prohibita nempe lege veteri—& codem applaudit Durandus, 4 dist. 33. q. 2. Soto de. Just. & jur. l. 5. q. 3. art. 3.
2(i) Decretal l. 2. tit. 1. c. 4. de adulteriis vero & aliis criminibus, quae sunt minora, potest Episcopus post peractam poenitentiam cum cleritis dispensare. Alexander 3. Saknlitano Archiepiscopo respondens de adulteriis ut aliis criminibus minoribus, Episcopo•um clericis poenitentibus dispensandi jus fecit, Espnc•aeus, de digam. l. 2. c. 7. •, 714.
(k)Medina, Navarre. c. 17. n. 39.Medina, Navar. c. 17. n. 39.
(l)Cajetan, Soto de Just. l 4. q. 7. a. 1. Graft. l. 2. c. 123. n. 2.Cajetan, Soto de Just. l 4. q. 7. a. 1. Graff. l. 2. c. 123. n. 2.
(m)Si tamen defit contemptus, non est peccatum mortale consummare matrimonium • benedictionem: quia nec statuti nec consuetudinis violatio ex infirmitate passionum, i• fere peccatum mortal. Cajet. Sum. v. matrimon. Angelus, v. debitum Sylvest. (after, Aquinas and others) v. debet, sect. 11.Si tamen defit contemptus, non est peccatum mortale consummare matrimonium • benedictionem: quia nec statuti nec consuetudinis violatio ex infirmitate passionum, i• fere peccatum mortale. Cajet. Sum. v. matrimon. Angelus, v. debitum Sylvest. (after, Aquinas and others) v. debet, sect. 11.
(n)Non tamen peccaret qui absque scandale cam (rem) haberet (cum priori), tenetur • tem posteriori convivere Ecclesia id jubente, si absque periculo habendi rem cum ea vel •, id facere potest. Idem ibid. n. 39.
This is in effect to determine, they may lie with both, and they that have a mind to it, may have warranty from the (o)Master of Sentences for the latter; and from the Master of the sacred Palace (p)and others, for the former. A woman whose Chastity is ⟨p. 235⟩attempted with some force, (q)though she cry not out, though she call not for help when it may be had, though she make no resistance at all with any part of her, though she do not so much as any way move to hinder it; yea though she take natural pleasure in the act: yet if her will, do not deliberately consent (though they say) in any court, she could not in such circumstances, but be presumed to consent;) she sins not mortally: thus Soto with others. They confess that (r)a woman can scarce ever do this and be honest, and yet give this encouragement, to all, to doit. Here's a way to have all women corrupted, that are but attempted with eagerness, if the rules of those, who have the guidance of their practice and Consciences be but complied with: impetuous lust may make the essay upon any, without fear of so much as a check, or any resistance: and those who are engaged by the Laws of nature, God, and man, to make opposition; may innocently give place to it, without struggling; yea they may be chaste enough though they yield to such lust with pleasure; so it be no more than sensual, and these delights be not jumbled together in practice, which in the Doctrine of their Teachers is sufficiently distinguished and parted for them. They bid fair also to make that uncleanness to which persons are drawn by the power of Courtship and insinuation, pass as innocent; for they say, that is no sin which is involuntary, and that is not voluntary to which we are necessitated; and Cajetan (s)tells us (in a case much akin to this) that our passions excited by exterior persuasion, do as it were, offer us violence; after he had informed us, that what Whores extort by flatteries more than their hire, ⟨p. 236⟩is an involuntary gift, the mind being this way necessitated: and sure, flatteries in reference to the act, as well as the reward, may as much necessitate, and make the one as involuntary, as the other; further, if man or woman need neither force nor importunity, but be ready to commit uncleanness without more ado, one may without sin invite them to it.
This is in effect to determine, they may lie with both, and they that have a mind to it, may have warranty from the (o)Master of Sentences for the latter; and from the Master of the sacred Palace (p)and others, for the former. A woman whose Chastity is ⟨p. 235⟩attempted with some force, (q)though she cry not out, though she call not for help when it may be had, though she make no resistance at all with any part of her, though she do not so much as any way move to hinder it; yea though she take natural pleasure in the act: yet if her will, do not deliberately consent (though they say) in any court, she could not in such circumstances, but be presumed to consent;) she sins not mortally: thus Soto with others. They confess that (r)a woman can scarce ever do this and be honest, and yet give this incouragement, to all, to doit. Here's a way to have all women corrupted, that are but attempted with eagerness, if the rules of those, who have the guidance of their practice and Consciences be but complied with: impetuous lust may make the essay upon any, without fear of so much as a check, or any resistance: and those who are ingaged by the Laws of nature, God, and man, to make opposition; may innocently give place to it, without strugling; yea they may be chaste enough though they yield to such lust with pleasure; so it be no more than sensual, and these delights be not jumbled together in practice, which in the Doctrine of their Teachers is sufficiently distinguished and parted for them. They bid fair also to make that uncleanness to which persons are drawn by the power of Courtship and insinuation, pass as innocent; for they say, that is no sin which is involuntary, and that is not voluntary to which we are necessitated; and Cajetan (s)tells us (in a case much akin to this) that our passions excited by exterior perswasion, do as it were, offer us violence; after he had informed us, that what Whores extort by flatteries more than their hire, ⟨p. 236⟩is an involuntary gift, the mind being this way necessitated: and sure, flatteries in reference to the act, as well as the reward, may as much necessitate, and make the one as involuntary, as the other; further, if man or woman need neither force nor importunity, but be ready to commit uncleanness without more ado, one may without sin invite them to it.
(q)Neque clamore se defendere—suis propriis, membris se defendere sed immota manens nihil agat—etiamsi de actu ipso delectationem aliquam percipiat, modo neque in ipsum actum, Neque delectationem voluntate deliberata consentiret. Nam talis delectatio non esset voluntaria sed naturalis—quamvis quoad forum exterius presumeretur consensisse. Soto. de Just. & jur. lib. 5. q. 1. art. 5. p. 141. Navarre. cap. 16. n. 1. Graft. l: 2. c. 77. n. 10. Vega in Jo. Sanc. disp. 10. n. 17.Neque clamore se defendere—suis propriis, membris se defendere sed immota manens nihil agat—etiamsi de actu ipso delectationem aliquam percipiat, modo neque in ipsum actum, Neque delectationem voluntate deliberata consentiret. Nam talis delectatio non esset voluntaria sed naturalis—quamvis quoad forum exterius presumeretur consensisse. Soto. de Just. & jur. lib. 5. q. 1. art. 5. p. 141. Navar. cap. 16. n. 1. Graff. l: 2. c. 77. n. 10. Vega in Jo. Sanc. disp. 10. n. 17.
(r)Credo paucas honestas repertum iri, quae aliquo modo non resistant, saltem sine clamour, &c. ibid.Credo paucas honestas repertum iri, quae aliquo modo non resistant, saltem sine clamore, &c. ibid.
(s)Passiones nostrae ab extrinseco suasore illate quasi vim faciunt—meretricum blandae valde extortions supra debitam mercedem—omnis similis actio causans involuntariam dationem rei suae quia non minus necessitatur ex hujusmodi humanus animus, &c. Sum. v. restitut. p. 509. Ex sententia Cajetani (& Navarri) sequitur licitum esse invitare ad fornicationem, eum qui paratus est alias fornicari in Vasq. opusc. moral. dub. 3. p. 24.Passiones nostrae ab extrinseco suasore illate quasi vim faciunt—meretricum blandae valde extorsiones supra debitam mercedem—omnis similis actio causans involuntariam dationem rei suae quia non minus necessitatur ex hujusmodi humanus animus, &c. Sum. v. restitut. p. 509. Ex sententia Cajetani (& Navarri) sequitur licitum esse invitare ad fornicationem, eum qui paratus est alias fornicari in Vasq. opusc. moral. dub. 3. p. 24.
(t)Self pollution is no mortal sin, in any that desire, it may befall them in their sleep for the ease of nature: nor is it a sin to be pleased with it when it is (u)past for a good end, and so Aquinas, Paludanus, and the common Doctrine: Nor to be pleased with it as future, if the pleasure do not cause it: Nor to be pleased with it when it befalls them awake, (x)if the pleasure be but sensual, and not rational. Under the favour of this distinction they may act uncleanness, either natural, or against nature, and that with delight too: for though the lower faculties take pleasure therein, yet if the superior either check it, or run not into a full compliance there with, they are safe. They encourage them to venture upon, and continue in such occasions of uncleanness; as those who think it needful to avoid the acts, cannot but judg necessary, to be abandoned. They (y)that eat hot meats, such as provoke and cause uncleanness; or otherwise eat excessively: if they do it not with such an intention, but to satisfy their gluttony, or for other cause: yea though they doubt uncleanness will be the issue of it, offend but Venially. Carnal (z)touches used, for sensual pleasure, without designing the act of uncleanness, ⟨p. 237⟩or the delight of it (though it be confessed, that of all other occasions, this leads most directly, and most dangerously to the consummation of the act): yet are they but Venial faults, with many of their Writers. (a)To go to the place, or company, where is danger of sinning mortally, by reason of the sights, persuasions, opportunities, or any thing of this nature, though it be done without any cogent necessity, is not a mortal sin with them; and the reason is, because it rests in the mans free will, not to sin mortally, though such occasions of sinning be offered. Filthy (b)discourse when it is out of lightness and curiosity, without any other ill design; or when it is merely for the pleasure taken in the obscene talk, without any further intention; is no worse than a Venial fault. The filthiness which the Apostle forbids, Eph. 5. 4. Bellarmine (c)understanding thereby filthy words, will have it be but a Venial, and the same he determines, not only of filthy talking, but scurrility; and Cardinal Cajetan (d)before him, says, in its own nature it is not a mortal sin, though he describes it to be shameless mirth; and Alensis (e)refers it to lascivious affection;
(t)Self polution is no mortal sin, in any that desire, it may befall them in their sleep for the ease of nature: nor is it a sin to be pleased with it when it is (u)past for a good end, and so Aquinas, Paludanus, and the common Doctrine: Nor to be pleased with it as future, if the pleasure do not cause it: Nor to be pleased with it when it befalls them awake, (x)if the pleasure be but sensual, and not rational. Under the favour of this distinction they may act uncleanness, either natural, or against nature, and that with delight too: for though the lower faculties take pleasure therein, yet if the superiour either check it, or run not into a full compliance there with, they are safe. They incourage them to venture upon, and continue in such occasions of uncleanness; as those who think it needful to avoid the acts, cannot but judg necessary, to be abandoned. They (y)that eat hot meats, such as provoke and cause uncleanness; or otherwise eat excessively: if they do it not with such an intention, but to satisfy their gluttony, or for other cause: yea though they doubt uncleanness will be the issue of it, offend but Venially. Carnal (z)touches used, for sensual pleasure, without designing the act of uncleanness, ⟨p. 237⟩or the delight of it (though it be consessed, that of all other occasions, this leads most directly, and most dangerously to the consummation of the act): yet are they but Venial faults, with many of their Writers. (a)To go to the place, or company, where is danger of sinning mortally, by reason of the sights, perswasions, opportunities, or any thing of this nature, though it be done without any cogent necessity, is not a mortal sin with them; and the reason is, because it rests in the mans free will, not to sin mortally, thoughsuch occasions of sinning be offered. Filthy (b)discourse when it is out of lightness and curiosity, without any other ill design; or when it is meerly for the pleasure taken in the obscene talk, without any further intention; is no worse than a Venial fault. The filthiness which the Apostle forbids,
(t)Antoninus, Sylvester, Cajetan. in Navarre. in Lopez. c. 74. p. 252. tenent quod ita licet cupere et ita complacere. Vid. Navarre. Cap. 16. n. 7.Antoninus, Sylvester, Cajetan. in Navar. in Lopez. c. 74. p. 252. tenent quod ita licet cupere et ita complacere. Vid. Navar. Cap. 16. n. 7.
(u)Ibid. S. Thomas, Paludanus ut communes asserunt non esse peccatum complacere sibi de praeterita pollutione ob sanctum finem. Vid. Sylvest. v. pollutio post placentia non faciat praeteritam pollutionem esse peccatum.
(x)Non est autem peccatum saltem mortale, pollutio illa, quae incipit evenire alicui, dumb dormit, & finitur postquam est experrectus, si voluntas superior, sive rationalis deliberata, in illam non consentiat quamvis sensualitas ea delectetur, &c. Navarre. ibid. n. 8. & Cardin Turrecremata.Non est autem peccatum saltem mortale, pollutio illa, quae incipit evenire alicui, dum dormit, & finitur postquam est experrectus, si voluntas superior, sive rationalis deliberata, in illam non consentiat quamvis sensualitas ea delectetur, &c. Navar. ibid. n. 8. & Cardin Turrecremata.
(y)Non esse peccatum mortale, comedere nimis, aut calida edusia, ob quod pollutio evenit, dummodo non comedat ea eo fine, sed solum ut suae gulae satisfaciat. Navarre. C. 16. n. 8. Si non intenditur, sed quid tale fiat propter gulositatem aut aliam causam, cum dubio tamen secuturae pollutionis, esset veniale. Sylv. v. Pollut. Lopez. Cap. 74. p. 354.Non esse peccatum mortale, comedere nimis, aut calida edusia, ob quod pollutio evenit, dummodo non comedat ea eo fine, sed solum ut suae gulae satisfaciat. Navar. C. 16. n. 8. Si non intenditur, sed quid tale fiat propter gulositatem aut aliam causam, cum dubio tamen secuturae pollutionis, esset veniale. Sylv. v. Pollut. Lopez. Cap. 74. p. 354.
(z)Martinus de Magistris, Gabriel, Javellus, Navarre, Soto, Nider, Antoninus, & alii in Sanch, l. 9. de matr. disp. 46. n. 6. & Bonacin. Tom. 1. p. 318.Martinus de Magistris, Gabriel, Javellus, Navar, Soto, Nider, Antoninus, & alii in Sanch, l. 9. de matr. disp. 46. n. 6. & Bonacin. Tom. 1. p. 318.
(a)Ire ad locum sive ad societatem, ubi est periculum peccandi mortaliter propter aspectum, persuasiones, commoditates, aut aliquid bujusmodi, non est ex suo genere peccatum mortal, licet sine urgenta necessitate fiat, ad peccatum incantelae spectet. Haec est Cajetani, & probatur, quia in suae libertatis arbitrio restat non peccare mortaliter, etiam praesentibus talibus occasionibus. Lopez. cap. 20. p. 112.
and in Angelus (f)it is a provoking others to laughter, either by idle or obscene words. A woman sins not mortally, who being moved with the affection of a little vain glory, without any other deadly intention; does paint or adorn herself, although she believe, that some who see her in such a dress, will be inflamed with mortal lust: when it is certain ⟨p. 238⟩also, that without any disparagement or inconvenience, she might abstain from such a garb; (g)yea though she so tr•ck up her self, that some may be induced to love her honestly but earnally; or with a dishonest affection either, only not beyond the bounds of Venial uncleanness. This being their Doctrine, no wonder if Christian purity be abandoned in their practice. Navarre tells us, (h)there's such a deluge of unbridled luxury amongst them, who are so near a kin, that he dares not express it; and amongst the married, and unmarried; amongst Virgins consecrated, and not consecrated: that divine and immense goodness, may send upon them a horrible deluge, of all calamities, not only corporal but spiritual. And because it is not lawful for one to take the profession of a Nun, if she have committed uncleanness before; he says, (i)that there are few grown up that without caution can be lawfully consecrated for Virgins.
and in Angelus (f)it is a provoking others to laughter, either by idle or obscene words. A woman sins not mortally, who being moved with the affection of a little vain glory, without any other deadly intention; does paint or adorn herself, although she believe, that some who see her in such a dress, will be inflamed with mortal lust: when it is certain ⟨p. 238⟩also, that without any disparagement or inconvenience, she might abstain from such a garb; (g)yea though she so tr•ck up her self, that some may be induced to love her honestly but earnally; or with a dishonest affection either, only not beyond the bounds of Venial uncleanness. This being their Doctrine, no wonder if Christian purity be abandoned in their practice. Navar tells us, (h)theres such a deluge of unbridled luxury amongst them, who are so neer a kin, that he dares not express it; and amongst the married, and unmarried; amongst Virgins consecrated, and not consecrated: that divine and immense goodness, may send upon them a horrible deluge, of all calamities, not only corporal but spiritual. And because it is not lawful for one to take the profession of a Nun, if she have committed uncleanness before; he sayes, (i)that there are few grown up that without caution can be lawfully consecrated for Virgins.
(f)Non peccat mortaliter ab hoc solum mulier, quae vanae gloriae et venialis desiderio tacta, absque alio fine mortali se fucat et ornal, licet credat aliquos, qui ipsam sic sucatam & ornatam videbunt, in ejus concupiscentiam mortalem exarsuros. Attamen certum est, eam absque in commodo verecundiae, et dedecore suo, posse ab hujusmodi ornatu temperare. Navarre. cap. 14. n. 27.Non peccat mortaliter ab hoc solum mulier, quae vanae gloriae et venialis desiderio tacta, absque alio fine mortali se fucat et ornal, licet credat aliquos, qui ipsam sic sucatam & ornatam videbunt, in ejus concupiscentiam mortalem exarsuros. Attamen certum est, eam absque in commodo verecundiae, et dedecore suo, posse ab hujusmodi ornatu temperare. Navar. cap. 14. n. 27.
(g)Non autem (peccat mortaliter) si facit illud, ut ametur honeste, licet carnaliter—imo neque si id facit quo ametur inhoneste, sed non mortaliter ad luxuriam videlicet tantum venialem. Idem c. 16. n. 14.
(h)Cap. 16. n. 3.—diluvium tam effrenatae luxuriae, etiam inter cognatos adeo propinquos & affines, ut non audeamus exprimere & inter conjugatas et virgines tam sacratas quam non sacratas, &c.
(i)Ob quod forsitan paucis grandiorum sine cautela licite consecrare possunt. ibid.
FOR theft, they teach, that to steal any thing of small value is but a Venial fault; for this is the Rule they universally proceed by, (k)the smallness of a thing in all causes, excuses from mortal sin; and thus far all are encouraged to steal, not only strangers, but Children from (l)their Fathers, and Wives from their Husbands, and Servants from their Masters.
FOR theft, they teach, that to steal any thing of small value is but a Venial fault; for this is the Rule they universally proceed by, (k)the smalness of a thing in all causes, excuses from mortal sin; and thus far all are incouraged to stcal, not only strangers, but Children from (l)their Fathers, and Wives from their Husbands, and Servants from their Masters.
(k)Aquinas 1, 2. q. 88. art. 5. & 6. & 22. q. 3. art. 5. & q. 59. art. 4, 5. Antoninus. 2. per tit. 4. c. 5. Sect. 7, & 8. Adrian. quodlib. 8, in Navarre. c. 17. n. 2.Aquinas 1, 2. q. 88. art. 5. & 6. & 22. q. 3. art. 5. & q. 59. art. 4, 5. Antoninus. 2. per tit. 4. c. 5. Sect. 7, & 8. Adrian. quodlib. 8, in Navar. c. 17. n. 2.
(l)Cajetan sum. v. furtum. Adrian in 4. de restit. Navar. c. 17. n. 138. Sylvest. sum. v. surtum. n. 16. Graft. l. 2. cap. 92. n. 25.Cajetan sum. v. furtum. Adrian in 4. de restit. Navar. c. 17. n. 138. Sylvest. sum. v. surtum. n. 16. Graff. l. 2. cap. 92. n. 25.
1A Servant may be excused from mortal guilt, if he steal from his Master ⟨p. 239⟩by little and little; though in time it come to a considerable sum; provided he convert it to his own use; he should not, it seems steal for others too, unless he do it out of Charity.
1Bonacin. de restit. disp. 2. q. 10. punct. ult. n. 2.
2A Son may steal more from his Father, than strangers or servants may do; he must be regulated herein by his fathers Estate; this love and indulgence to him, the greater that it is, the more he may steal from him. They excuse him if he steal from his Father the sum of three Crowns; they say not, that it may not be a greater, but only it should not be a far greater sum.
2Pet. Navar. et Bonacin. ibid. punct. 1. n. 5. long majorem summam.Pet. Navar. et Bonacin. ibid. punct. 1. n. 5. longe majorem summam.
3Accordingly he may spend what he gets from his Father, in gaming, or in recreations, not only such as are honest, but also luxurious, without any more guilt.
3Lopez. Navarre. & alii in Bonacin. ibid. n. 6. in ludos—recreationem etiam luxuriosam.Lopez. Navar. & alii in Bonacin. ibid. n. 6. in ludos—recreationem etiam luxuriosam.
4If his Father allow him not, what others of his condition do, he may filch from him privily, what a prudent Confessor thinks fit. Thus mens Estates will be at the Confessors discretion, and as much may be stolen from them, as their Priests please.
4If his Father allow him not, what others of his condition do, he may filch from him privily, what a prudent Confessor thinks fit. Thus mens Estates will be at the Confessors discretion, and as much may be stoln from them, as their Priests please.
4Sairus Saeonius & alii cum Bonacin. ibid possit filius clam accipere juxta prudentis confessarii arbitrium.
Now that we may know, when theft will be a mortal crime, it must be known of what value the thing stolen must be, to make it so: and this not being determined by any law natural, divine or humane; they agree, that (m)this must be determined by the judgment of a good man; and who better than the Casuists since they ought, and are presumed, to be, both knowing and Conscientious? let but them conclude (and they have done worse, in many cases) that things of great worth are not of value sufficient, to make the stealing thereof, to be a mortal sin, and then theft neither little nor great will be criminal. ⟨p. 240⟩Thus this command of God (as the rest are) will be made of none effect by this distinction. An engine which (as they work it) serves to destroy both Law and Gospel; and to sink Christianity, in morals, many degrees below Heathenism. Let us see what progress they have made herein, and whether they have not done it in effect already. They teach, (n)that to steal any thing, though in it self small, yet of great value in the account of the owner, and of much consequence to him; so that the damage he suffers by it, and the trouble it gives him, is really great: yet if the thief did not, or could not know it, it is but Venial. Yet the reason, why they count the stealing of a small thing, to be but a little fault; is (o)because, the owner is presumed, not unwilling, the stealer should have it, it being no considerable loss, or trouble to him: but this cannot be presumed in the now mentioned cases. And if theft whether of small or great consequence, whether with or without that, which makes little theft to be Venial, be still no worse than Venial, than will no theft be mortal. They also teach, that (p)those who are in need, though it be not extreme, but such only, as would be counted great, may steal from others for their relief: (q)nor are they bound to make restitution, when they have got a good estate. Thus theft will be made as common as moderate indigence: and the practice being continued, as long as there is need, it may amount in a while, to a considerable sum; yea when the necessitous are grown rich, those whose estates are impaired by such thefts, shall have no reparation. Thus a wide door is ⟨p. 241⟩opened, for common thievery in considerable quantities; without any restraint, either from respect to sin, or to satisfaction.
Now that we may know, when theft will be a mortal crime, it must be known of what value the thing stoln must be, to make it so: and this not being determined by any law natural, divine or humane; they agree, that (m)this must be determined by the judgment of a good man; and who better than the Casuists since they ought, and are presumed, to be, both knowing and Consciencious? let but them conclude (and they have done worse, in many cases) that things of greate worth are not of value sufficient, to make the stealing thereof, to be a mortal sin, and then theft neither little nor great will be criminal. ⟨p. 240⟩Thus this command of God (as the rest are) will be made of none effect by this distinction. An engine which (as they work it) serves to destroy both Law and Gospel; and to sink Christianity, in morals, many degrees below Heathenism. Let us see what progress they have made herein, and whether they have not done it in effect already. They teach, (n)that to steal any thing, though in it self small, yet of great value in the account of the owner, and of much consequence to him; so that the damage he suffers by it, and the trouble it gives him, is really great: yet if the thief did not, or could not know it, it is but Venial. Yet the reason, why they count the stealing of a small thing, to be but a little fault; is (o)because, the owner is presumed, not unwilling, the stealer should have it, it being no considerable loss, or trouble to him: but this cannot be presumed in the now mentioned cases. And if theft whether of small or great consequence, whether with or without that, which makes little theft to be Venial, be still no worse than Venial, than will no theft be mortal. They also teach, that (p)those who are in need, though it be not extream, but such only, as would be counted great, may steal from others for their relief: (q)nor are they bound to make restitution, when they have got a good estate. Thus theft will be made as common as moderate indigence: and the practice being continued, as long as there is need, it may amount in a while, to a considerable sum; yea when the necessitous are grown rich, those whose estates are impaired by such thefts, shall have no reparation. Thus a wide door is ⟨p. 241⟩
(m)Quae tamen parvitas excusat a peccato mortale, communis est opinio, standum esse arbitrio boni viri. Graff. ibid. n. 20. vid. Navarre cap. 17. n. 2.Quae tamen parvitas excusat a peccato mortale, communis est opinio, standum esse arbitrio boni viri. Graff. ibid. n. 20. vid. Navar cap. 17. n. 2.
(n)Navarre ibid. Graft. ibid. n. 16.Navar ibid. Graff. ibid. n. 16.
(o)Si minimi erit pretii-nemo mortalem esse culpam affirmabit ex D. Thom. et ratio est quia praesumitur non esse omnino contra voluntatem ejus qui hoc patitur. Graff. l. 1. c. 14 n. 5. Nav. ibid. n. 5.
(p)Tradunt Medina. Angelus. Pet. Navarre Malderus & Plures alii in Dian. p. 2. l. 3. mis. res. 29. Quamvis non sit in necessitate extrema excusari tamen potest a toto, furtive subripiendo Sylvest. sum. v. futum. n. 10. Navarre. ibid. vid. Angelum. One in extreme necessity may kill the owner if he would hinder him from stealing, si a domino impediatur potest se tueri et occidere impedientem. Bonacin. de restit. disp. 1. q. 8. punct. 3. n. 4.Tradunt Medina. Angelus. Pet. Navar Malderus & Plures alii in Dian. p. 2. l. 3. mis. res. 29. Quamvis non sit in necessitate extrema excusari tamen potest a toto, furtive subripiendo Sylvest. sum. v. futum. n. 10. Navar. ibid. vid. Angelum. One in extream necessity may kill the owner if he would hinder him from stealing, si a domino impediatur potest se tueri et occidere impedientem. Bonacin. de restit. disp. 1. q. 8. punct. 3. n. 4.
(q)Communis est opinio quam re•ert Sylvest. quod non teneatur ad restitutionem si ad pinguiorem fortunam pervenerit is—qui in magna necessitate surripit. Graft. l. 2. c. 93. n. 11.Communis est opinio quam re•ert Sylvest. quod non teneatur ad restitutionem si ad pinguiorem fortunam pervenerit is—qui in magna necessitate surripit. Graff. l. 2. c. 93. n. 11.
Further, (r)when so many persons in no necessity, take each of them a little fruit from a Vineyard or an Orchard, or a little corn from a field, that there is nothing at all left for the owner: yet if they did not conspire together to do this, it is a small fault. And thus any men of estates, (since it holds in other cases, no less than those specified) may be utterly impoverished; and yet those that ruin them, be guilty of nothing that they need regard. Moreover, when any one without any need, continues so long in the stealing matters of less worth, from one person or many, that in time they rise to a great value; and the thief thrives into a good estate thereby, without designing it: this altogether, is no more then a Venial fault; nor will it be worse, though he never make restitution, if there was any considerable interval betwixt the acts of theft (s)(say some); no, nor if there were no such intervals (say (t)others.) The consequences of which is, as Lopez observes, (u)that any Inn-keeper or Tradesman may grow rich, and raise a fair estate, without mortal sin, by defrauding all that buy of them, a little, in false measures, and so fleecing a whole Town. And why might not they as well conclude, that he who beats another, so it be but with little blows, though he beat him to death, offends but Venially? these of old were thought (x)alike. They conclude also, that such a quantity may be stolen, as is sufficient to make it a mortal sin, without sinning mortally, if it be for a good end. These are some of the instances they give. 1. A (y)man may steal to give Alms; We need not wonder at this, since they think not much to rob Christ of his honour in all their ⟨p. 242⟩good works: and so commit the worst kind of robbery (the highest Sacrilege) in their best acts; arrogating that to them, which is Christs peculiar; satisfaction and merit. And then, that the Charitable thief, if he become rich, is not bound to restore what is stolen, is the (z)common opinion. Also one may steal (a)money from another, rather then he shall venture it in gaming; for it it is good divinity with them (whatsoever it was with the Apostle) that one evil may be done to hinder another, (b)and that not only in other sins (as Fryer Joseph would limit it) but such as are intrinsically evil: for example; If one be about to commit adultery, it will be a lawful (a holy act) to beseech, and persuade him to commit fornication.
Further, (r)when so many persons in no necessity, take each of them a little fruit from a Vineyard or an Orchard, or a little corn from a field, that there is nothing at all left for the owner: yet if they did not conspire together to do this, it is a small fault. And thus any men of estates, (since it holds in other cases, no less than those specified) may be utterly impoverished; and yet those that ruine them, be guilty of nothing that they need regard. Moreover, when any one without any need, continues so long in the stealing matters of less worth, from one person or many, that in time they rise to a great value; and the thief thrives into a good estate thereby, without designing it: this altogether, is no more then a Venial fault; nor will it be worse, though he never make restitution, if there was any considerable interval betwixt the acts of theft (s)(say some); no, nor if there were no such intervals (say (t)others.) The consequences of which is, as Lopez observes, (u)that any Inn-keeper or Tradesman may grow rich, and raise a fair estate, without mortal sin, by defrauding all that buy of them, a little, in false measures, and so fleecing a whole Town. And why might not they as well conclude, that he who beats another, so it be but with little blows, though he beat him to death, offends but Venially? these of old were thought (x)alike. They conclude also, that such a quantity may be stoln, as is sufficient to make it a mortal sin, without sinning mortally, if it be for a good end. These are some of the instances they give. 1. A (y)man may steal to give Alms; We need not wonder at this, since they think not much to rob Christ of his honour in all their ⟨p. 242⟩good works: and so commit the worst kind of robbery (the highest Sacriledg) in their best acts; arrogating that to them, which is Christs peculiar; satisfaction and merit. And then, that the Charitable thief, if he become rich, is not bound to restore what is stoln, is the (z)common opinion. Also one may steal (a)
(r)Corduba. Navarre. Lopez. pars. 2: Cap. 93. p. 414.Corduba. Navar. Lopez. pars. 2: Cap. 93. p. 414.
(s)Navarre. c. 17. n. 139. Graft. l. 2. c. 92. n. 18.Navar. c. 17. n. 139. Graff. l. 2. c. 92. n. 18.
(t)Angestus in Lopez. ibid. p. 416.
(u)Tabernarius seu quilibet negotiator posset ditescere sine mortall, et statum decentem fundare, et singulos emptores in modico mensuras curtando defraudare, totam civitatem sic depilando. ibid. p. 14.
(x)Nihil resert, an paulatim, an simul aliquem interimas, vel spolies. Jerom. ibid.
(y)Communis sententia ampliatur, ut non tantum pro se, sed etiam pro alio existent in extrema necessitate quis occulte subtrahere possit. Graff. c. 93. n. 12. Navarre. c. 17. n. 118. If a man be in mortal sin, his Wife may take of his goods privily, and give them away in Alms, for his conversion. Bonacin. de restit. disp. 2. q. 10. punct 2. n. 9.Communis sententia ampliatur, ut non tantum pro se, sed etiam pro alio existente in extrema necessitate quis occulte subtrahere possit. Graff. c. 93. n. 12. Navar. c. 17. n. 118. If a man be in mortal sin, his Wife may take of his goods privily, and give them away in Alms, for his conversion. Bonacin. de restit. disp. 2. q. 10. punct 2. n. 9.
(z)in Navarre. ibid.in Navar. ibid.
(a)Antoninus quem sequitur. Nav. ibid. n. 5. p. 282.
(b)Licet inducere ad minus malum, paratum jam ad majus malum: ut si quis proponit interficere, aut adulterari quis, licet ei persuader percutere aut fornicari, contra fratrem Josephum, qui limitat hanc sententiam ad peccata quae non sunt intrinseca mala sed cense• sententiam hanc generaliter esse tenendam, prout eam tenet Navarrus, et Cajetanus, Lopez. pars. 1. cap. 58. p. 297. Adrianus, Cajetan. Sotus. quos sequitur Navarre. cap. 14. n. 40. Luxurioso sancte consulitur ut non adulteretur, sed fornicetur. Cajetan. sum. v. Tyrannis. Medina, Sotus, Adrian existimant—non tantum licere suadere minus furtum latroni, sed etiam ipsum comitari, imo etiam adjuvare. in Vasq. opusc. Moral. p. 24. dub. 2. Bonacin. de rest disp. 1. q. 2. punct. 7. n. 9.
Or nearer the matter in hand; if one be ready to steal an hundred pounds, I may advise him to steal fifty; and so persuade to a mortal sin with some moderation. They think it not only lawful to persuade a thief to a smaller robbery, but also to accompany and assist him therein. Further, a (c)woman if her Husband be profuse, may against his command take away his goods, and conceal them, to provide for the future. If a man be distracted, or if he be absent, his Wife may spend more of his estate than he would do, if he were sober or present. Bonacin ibio. Finally, they all agree, that to steal any thing of what value soever inconsiderately, that is, without full and perfect deliberation, is but a Venial Trespass. And how he can be obliged to restore, it by their Principles, I understand not: since they hold that (d)no man is bound to ⟨p. 243⟩make restitution, but for a mortal offence. If in a matter that is weighty, the cult be Venial, for want of full consideration, it will not be so much as (*)a small fault, not to make restitution, how much soever be stolen inconsiderately. By these and such like rules, they have opened a way, to make thievery small or great, practicable; without any sin or danger, but what is small and inconsiderable in their account. Scholars and those who count good Books their treasure, are by their Doctrine exposed more particularly, for they teach, that to take away heretical Books, from such as have not Licence to read them, is no theft; Bonacin. de restit disp. 2. q. 8. punct. 1. n. 1. So that it will be no fault at all, to rob one of the best part of his Library, how valuable soever.
Or nearer the matter in hand; if one be ready to steal an hundred pounds, I may advise him to steal fifty; and so perswade to a mortal sin with some moderation. They think it not only lawful to perswade a thief to a smaller robbery, but also to accompany and assist him therein. Further, a (c)woman if her Husband be profuse, may against his command take away his goods, and conceal them, to provide for the future. If a man be distracted, or if he be absent, his Wife may spend more of his estate than he would do, if he were sober or present. Bonacin ibio. Finally, they all agree, that to steal any thing of what value soever inconsiderately, that is, without full and perfect deliberation, is but a Venial Trespass. And how he can be obliged to restore, it by their Principles, I understand not: since they hold that (d)no man is bound to ⟨p. 243⟩make restitution, but for a mortal offence. If in a matter that is weighty, the •ult be Venial, for want of full consideration, it will not be so much as (*)a small fault, not tomake restitution, how much soever be stoln inconsiderately. By these and such like rules, they have opened a way, to make thievery small or great, practicable; without any sin or danger, but what is small and inconsiderable in their account. Scholars and those who count good Books their treasure, are by their Doctrine exposed more particularly, for they teach, that to take away haeretical Books, from such as have not Licence to read them, is no theft; Bonacin. de restit disp. 2. q. 8. punct. 1. n. 1. So that it will be no fault at all, to rob one of the best part of his Library, how valuable soever.
(c)Sylvest. v. furtum. n. 15. Navarre. cap. 17. n. 154. Graft. l. 2. c. 92. n. 26:Sylvest. v. furtum. n. 15. Navar. cap. 17. n. 154. Graff. l. 2. c. 92. n. 26:
(d)Adrian. 4. de restit. fam. ad 8. Sylvest. v. culpa. q. 4. in Fill. tr. 32. n. 32.
They open as wide a gap, and give as much encouragement to •eating, and like unconscionable practices. They teach there is no necessity to be regulated in bargaining, by the just value of things: but they may sell for as much as they can extort, and buy answerably; and this they take for a general Rule; (e)a thing is worth so much as it can be sold for. Hence Sylvester concludes it lawful, (f)for any one to sell as dear, and buy as cheap as he can, which unlimited, gives liberty to all to prey upon one another, without equity or conscience. So one may buy a thing of great value (g)though he knows it and the owner understands it not, for a small matter, nor (h)needs be declare it, when he apprehends that it is much more worth; since that may be enquired of others. They conclude, that false measures and weights may be used, though the buyer be hereby deceived and damnified, and the custom it self to be a corruption: yet they are excused who use them, (i)if they do it for their own security, or for moderate ⟨p. 244⟩gain; as if in case, they should give full measure, the price would be greater, and consequently they would have few or no Customers. So, by their Rules, they may further deceive those that deal with them, by selling one thing for another, or adulterating what they sell; and so cheat them not only in the measure, but in the quality, yea or the substance of the Commodity. Instances hereof we have in Soto: Corn or Wine, when it is more worth than the set rate, the Merchant may fell it (k)by false measure, thereby to get his price. If a (l)man have very good Wine, but people, if they did not take it for Rhenish, would not give so good a price for it; he may sell it at the rate they would g•ve for Rhenish, though it be not. So he may (m)mix his Wine with water, and sell it for pure, taking but a just price; as for example; (n)In case Wine were so dear, that scarce any would buy it at the price it is worth; he may mix it with water, and sell it at the rate they will give. So (o)Cloth or Silks may be sold for that of such a Country which is most esteemed, though it be of another.
They open as wide a gap, and give as much encouragement to •eating, and like unconscionable practices. They teach there is no necessity to be regulated in bargaining, by the just value of things: but they may sell for as much as they can extort, and buy answerably; and this they take for a general Rule; (e)a thing is worth so much as it can be sold for. Hence Sylvester concludes it lawful, (f)for any one to sell as dear, and buy as cheap as he can, which unlimited, gives liberty to all to prey upon one another, without equity or conscience. So one may buy a thing of great value (g)though he knows it and the owner understands it not, for a small matter, nor (h)needs be declare it, when he apprehends that it is much more worth; since that may be enquired of others. They conclude, that false measures and weights may be used, though the buyer be hereby deceived and damnified, and the custom it self to be a corruption: yet they are excused who use them, (i)if they do it for their own security, or for moderate ⟨p. 244⟩gain; as if in case, they should give full measure, the price would be greater, and consequently they would have few or no Customers. So, by their Rules, they may further deceive those that deal with them, by selling one thing for another, or adulterating what they sell; and so cheat them not only in the measure, but in the quality, yea or the substance of the Commodity. Instances hereof we have in Soto: Corn or Wine, when it is more worth than the set rate, the Merchant may fell it (k)by false measure, thereby to get his price. If a (l)man have very good Wine, but people, if they did not take it for Rhenish, would not give so good a price for it; he may sell it at the rate they would g•ve for Rhenish, though it be not. So he may (m)mix his Wine with water, and sell it for pure, taking but a just price; as for example;
(e)Justum praetium reputatur quod absque fraude extorqueri potest. Ità, Bannes, Medina, Aragon, Villalobos, Bonacina, & alii in Dian. 1. p. tr. 8. res. 55.Justum praetium reputatur quod absque fraude extorqueri potest. Ità, Bannes, Medina, Arragon, Villalobos, Bonacina, & alii in Dian. 1. p. tr. 8. res. 55.
(f)Res tantum valet quantum vendi potest—Et secundum hoc licet cuilibe• carius vendere, aut vilius emere quantum potest. Sumv. Emptio. n. 10.
(g)Vid. Cajetan. Sum. v. Emptio, p. 138.
(h)Emptor non tenetur ei explicit affirmare quantum valet: quam habeat alios, unde possit inquirere et scire. ibid.Emptor non tenetur ei explicite affirmare quantum valet: quam habeat alios, unde possit inquirere et scire. ibid.
(i)Tabernarii dantes vini mensuram diminutam secundum Arc. non excusantur: quia decipiunt & damnifiant emptores, non obstant• contra• consuetudine, quae est corruptela: nisi hoc faciunt ad suam indemnitatem, vel lucrum moderatum: puta, quia si darent plenas, oporteret pretium augere, ut consequenter n•llos aut paucos invenirent emptores. Sylv. Sum. ibid. n. 20. Vid. Soto, de just. & jur. lib. 6. q. 3. art. 2.
(k)Soto, ibid. p. 198.
(l)Ibid.
(m)Eadem ratione, & aqua possit vinum diluere. Idem ibid.
These conclusions, he says, are collected out of Aquinas, and to complete these Cheats, he tells us (p)that if perhaps the Seller should lie too, in these cases (for example, if he should affirm, that to be Rhenish Wine which is not, or that to be pure which is adulterated, or that to be full measure which is short of it, &c.) it would not be a mortal sin. And Sylvester determines, that a man with perjuries and lies, denying the badness of his Commodities, or making them better than they are; (q)the lies, if they do not much damnify the Buyer, are but Venial. They allow persons also to deceive those who intrust them to dispose of their Estates, or Goods. As, if one be employed to sell what is another's (r)at a certain price, if he sell it for more, ⟨p. 245⟩he may keep the over-plus to himself; yea, say (s)some, though he had a reward for his pains in selling, yet he may retain to himself the overplus of what is sold.
These conclusions, he says, are collected out of Aquinas, and to compleat these Cheats, he tells us (p)that if perhaps the Seller should lie too, in these cases (for example, if he should affirm, that to be Rhenish Wine which is not, or that to be pure which is adulterated, or that to be full measure which is short of it, &c.) it would not be a mortal sin. And Sylvester determines, that a man with perjuries and lies, denying the badness of his Commodities, or making them better than they are; (q)the lies, if they do not much damnifie the Buyer, are but Venial. They allow persons also to deceive those who intrust them to dispose of their Estates, or Goods. As, if one be employed to sell what is anothers (r)at a certain price, if he sell it for more, ⟨p. 245⟩he may keep the over-plus to himself; yea, say (s)some, though he had a reward for his pains in selling, yet he may retain to himself the overplus of what is sold.
(p)Forsan venditoris mendacium in talibus casibus, si alioqui praedicto modo servetur justitia, non est pernitiosum. Idem •bid. p. 199. quem sequitur in his omnibus, Tol. instr. l. 8. c. 49.
(q)Sum. Ibid. n. 22.
(r)Si accipit certo pretio ven dendum, retinere potest id quo pluris illud vendiderit, nisi excesserit pretium rigorosum. Navarre. c. 23. n. 97.Si accipit certo pretio ven dendum, retinere potest id quo pluris illud vendiderit, nisi excesserit pretium rigorosum. Navar. c. 23. n. 97.
understanding thereby filthy words, will have it be but a Venial, and the same he determines, not only of filthy talking, but scurrility; and Cardinal Cajetan
Ire ad locum sive ad societatem, ubi est periculum peccandi mortaliter propter aspectum, persuasiones, commoditates, aut aliquid bujusmodi, non est ex suo genere peccatum mortale, licet sine urgenta necessitate fiat, ad peccatum incantelae spectet. Haec est Cajetani, & probatur, quia in suae libertatis arbitrio restat non peccare mortaliter, etiam praesentibus talibus occasionibus. Lopez. cap. 20. p. 112.
(b)Antoninus de Graff. Cajetan. & alii in Sanch. ibid. n. 39. Cajetan. Navarre. Graft. Rebellus (in) Bonacin. Tom. 1. p. 318. n. 18.Antoninus de Graff. Cajetan. & alii in Sanch. ibid. n. 39. Cajetan. Navar. Graff. Rebellus (in) Bonacin. Tom. 1. p. 318. n. 18.
(c)De Amiss. Grat. l. 1. cap. 9. p. 78. Docere volebat tria posteriora (turpia verba stultiloquia & scurrilitatem) debere quidem esse aliena ab ore sanctificato fidelium, non tamen ex genere suo talia esse, que excludant ab haereditate Christi & Dei.
(d)Scurrilitis qui homo ad risum provocat inverecande—non est mortalis ex suo genere, Sum. v. Scurrile.Scurrilitis qui homo ad risum provocat inverecande—non est mortalis ex suo genere, Sum. v. Scurril.
(e)secundem Halensem resertur ad lasciviam affectionis. Angelus. sum. v Scurrile.secundem Halensem resertur ad lasciviam affectionis. Angelus. sum. v Scurril.
opened, for common thievery in considerable quantities; without any restraint, either from respect to sin, or to satisfaction.
money from another, rather then he shall venture it in gaming; for it it is good divinity with them (whatsoever it was with the Apostle) that one evil may be done to hinder another,
and that not only in other sins (as Fryer Joseph would limit it) but such as are intrinsecally evil: for example; If one be about to commit adultery, it will be a lawful (a holy act) to beseech, and perswade him to commit fornication.
Licet inducere ad minus malum, paratum jam ad majus malum: ut si quis proponit interficere, aut adulterari quis, licet ei persuadere percutere aut fornicari, contra fratrem Josephum, qui limitat hanc sententiam ad peccata quae non sunt intrinseca mala sed cense• sententiam hanc generaliter esse tenendam, prout eam tenet Navarrus, et Cajetanus, Lopez. pars. 1. cap. 58. p. 297. Adrianus, Cajetan. Sotus. quos sequitur Navar. cap. 14. n. 40. Luxurioso sancte consulitur ut non adulteretur, sed fornicetur. Cajetan. sum. v. Tyrannis. Medina, Sotus, Adrian existimant—non tantum licere suadere minus furtum latroni, sed etiam ipsum comitari, imo etiam adjuvare. in Vasq. opusc. Moral. p. 24. dub. 2. Bonacin. de rest disp. 1. q. 2. punct. 7. n. 9.
