Mercurial > hg > Aquinas
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| author | ht |
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| date | Sun, 03 Jan 2010 14:43:02 +0000 |
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--- /dev/null Thu Jan 01 00:00:00 1970 +0000 +++ b/summa/english/XP_ii.html Sun Jan 03 14:43:02 2010 +0000 @@ -0,0 +1,20076 @@ +<?xml version="1.0" encoding="UTF-8"?><div xmlns="http://www.w3.org/1999/xhtml" id="XP.ii" class="div2"> + <a href="summa.XP.i.html"></a> + <a href="summa.XP_Q1.html"></a> + <div id="XP_Q1" class="div3"> + <a href="summa.XP.ii.html"></a> + <a href="summa.XP_Q1_A1.html"></a> + <h3 id="XP_Q1-p0.1">OF THE PARTS OF PENANCE, IN PARTICULAR, AND FIRST OF CONTRITION (THREE ARTICLES)</h3> + <p id="XP_Q1-p1"></p> + <p id="XP_Q1-p2"> We must now consider each single part of Penance, and (1) Contrition; (2) Confession; (3) Satisfaction. The consideration + about Contrition will be fourfold: (1) What is it? (2) What should it be about? (3) How great should it be? (4) Of its duration; + (5) Of its effect. + </p> + <p id="XP_Q1-p3"> Under the first head there are three points of inquiry:</p> + <p id="XP_Q1-p4"> (1) Whether Contrition is suitably defined?</p> + <p id="XP_Q1-p5"> (2) Whether it is an act of virtue?</p> + <p id="XP_Q1-p6"> (3) Whether attrition can become contrition?</p> + <div id="XP_Q1_A1" class="div4"> + <a href="summa.XP_Q1.html"></a> + <a href="summa.XP_Q1_A2.html"></a> + <h4 id="XP_Q1_A1-p0.1">Whether contrition is an assumed sorrow for sins, together with the purpose of confessing them and of making satisfaction + for them? + </h4> + <p id="XP_Q1_A1-p1"></p> + <p id="XP_Q1_A1-p2"> + <b>Objection 1:</b> It would seem that contrition is not "an assumed sorrow for sins, together with the purpose of confessing them and of making + satisfaction for them," as some define it. For, as Augustine states (De Civ. Dei xiv, 6), "sorrow is for those things that + happen against our will." But this does not apply to sin. Therefore contrition is not sorrow for sins. + </p> + <p id="XP_Q1_A1-p3"> + <b>Objection 2:</b> Further, contrition is given us by God. But what is given is not assumed. Therefore contrition is not an assumed sorrow. + </p> + <p id="XP_Q1_A1-p4"> + <b>Objection 3:</b> Further, satisfaction and confession are necessary for the remission of the punishment which was not remitted by contrition. + But sometimes the whole punishment is remitted in contrition. Therefore it is not always necessary for the contrite person + to have the purpose of confessing and of making satisfaction. + </p> + <p id="XP_Q1_A1-p5"> + <b>On the contrary,</b> stands the definition. + </p> + <p id="XP_Q1_A1-p6"> + <b>I answer that,</b> As stated in + <a class="scripRef" id="XP_Q1_A1-p6.1" href="./asv.html#Sir.10.15" target="asv"> Ecclus. 10:15, </a> "pride is the beginning of all sin," because thereby man clings to his own judgment, and strays from the Divine commandments. + Consequently that which destroys sin must needs make man give up his own judgment. Now he that persists in his own judgment, + is called metaphorically rigid and hard: wherefore anyone is said to be broken when he is torn from his own judgment. But, + in material things, whence these + expressions are transferred to spiritual things, there is a difference between breaking and crushing or contrition, as stated + in Meteor. iv, in that we speak of breaking when a thing is sundered into large parts, but of crushing or contrition when + that which was in itself solid is reduced to minute particles. And since, for the remission of sin, it is necessary that man + should put aside entirely his attachment to sin, which implies a certain state of continuity and solidity in his mind, + therefore it is that the act through which sin is cast aside is called contrition metaphorically. + </p> + <p id="XP_Q1_A1-p7"> In this contrition several things are to be observed, viz. the very substance of the act, the way of acting, its origin and + its effect: in respect of which we find that contrition has been defined in various ways. For, as regards the substance of + the act, we have the definition given above: and since the act of contrition is both an act of virtue, and a part of the sacrament + of Penance, its nature as an act of virtue is explained in this definition by mentioning its genus, viz. + "sorrow," its object by the words "for sins," and the act of choice which is necessary for an act of virtue, by the word "assumed": + while, as a part of the sacrament, it is made manifest by pointing out its relation to the other parts, in the words "together + with the purpose of confessing and of making satisfaction." + </p> + <p id="XP_Q1_A1-p8"> There is another definition which defines contrition, only as an act of virtue; but at the same time including the difference + which confines it to a special virtue, viz. penance, for it is thus expressed: "Contrition is voluntary sorrow for sin whereby + man punishes in himself that which he grieves to have done," because the addition of the word "punishes" defines the definition + to a special virtue. Another definition is given by Isidore (De Sum. Bono ii, 12) as follows: + "Contrition is a tearful sorrow and humility of mind, arising from remembrance of sin and fear of the Judgment." Here we have + an allusion to the derivation of the word, when it is said that it is "humility of the mind," because just as pride makes + the mind rigid, so is a man humbled, when contrition leads him to give up his mind. Also the external manner is indicated + by the word "tearful," and the origin of contrition, by the words, "arising from remembrance of sin," etc. Another definition + is + taken from the words of Augustine [*Implicitly on + <a class="scripRef" id="XP_Q1_A1-p8.1" href="./asv.html#Ps.46" target="asv">Ps. 46</a>], and indicates the effect of contrition. It runs thus: "Contrition is the sorrow which takes away sin." Yet another is gathered + from the words of Gregory (Moral. xxxiii, 11) as follows: "Contrition is humility of the soul, crushing sin between hope and + fear." Here the derivation is indicated by saying that contrition is "humility of the soul"; the effect, by the words, "crushing + sin"; and the origin, by the words, "between hope and + fear." Indeed, it includes not only the principal cause, which is fear, but also its joint cause, which is hope, without which, + fear might lead to despair. + </p> + <p id="XP_Q1_A1-p9"> + <b>Reply to Objection 1:</b> Although sins, when committed, were voluntary, yet when we are contrite for them, they are no longer voluntary, so that they + occur against our will; not indeed in respect of the will that we had when we consented to them, but in respect of that which + we have now, so as to wish they had never been. + </p> + <p id="XP_Q1_A1-p10"> + <b>Reply to Objection 2:</b> Contrition is from God alone as to the form that quickens it, but as to the substance of the act, it is from the free-will + and from God, Who operates in all works both of nature and of will. + </p> + <p id="XP_Q1_A1-p11"> + <b>Reply to Objection 3:</b> Although the entire punishment may be remitted by contrition, yet confession and satisfaction are still necessary, both because + man cannot be sure that his contrition was sufficient to take away all, and because confession and satisfaction are a matter + of precept: wherefore he becomes a transgressor, who confesses not and makes not satisfaction. + </p> + <p id="XP_Q1_A1-p12"></p> + <p id="XP_Q1_A1-p13"></p> + <a href="summa.XP_Q1.html"></a> + <a href="summa.XP_Q1_A2.html"></a> + </div> + <div id="XP_Q1_A2" class="div4"> + <a href="summa.XP_Q1_A1.html"></a> + <a href="summa.XP_Q1_A3.html"></a> + <h4 id="XP_Q1_A2-p0.1">Whether contrition is an act of virtue?</h4> + <p id="XP_Q1_A2-p1"></p> + <p id="XP_Q1_A2-p2"> + <b>Objection 1:</b> It would seem that contrition is not an act of virtue. For passions are not acts of virtue, since "they bring us neither + praise nor blame" (Ethic. ii, 5). But sorrow is a passion. As therefore contrition is sorrow, it seems that it is not an act + of virtue. + </p> + <p id="XP_Q1_A2-p3"> + <b>Objection 2:</b> Further, as contrition is so called from its being a crushing, so is attrition. Now all agree in saying that attrition is + not an act of virtue. Neither, therefore, is contrition an act of virtue. + </p> + <p id="XP_Q1_A2-p4"> + <b>On the contrary,</b> Nothing but an act of virtue is meritorious. But contrition is a meritorious act. Therefore it is an act of virtue. + </p> + <p id="XP_Q1_A2-p5"> + <b>I answer that,</b> Contrition as to the literal signification of the word, does not denote an act of virtue, but a corporeal passion. But the + question in point does not refer to contrition in this sense, but to that which the word is employed to signify by way of + metaphor. For just as the inflation of one's own will unto wrong-doing implies, in itself, a generic evil, so the utter undoing + and crushing of that same will implies something generically good, for this is to detest + one's own will whereby sin was committed. Wherefore contrition, which signifies this, implies rectitude of the will; and so + it is the act of that virtue to which it belongs to detest and destroy past sins, the act, to wit, of penance, as is evident + from what was said above (Sent. iv, D, 14, Q[1], A[1]; + <a id="XP_Q1_A2-p5.1" shape="rect" href="summa.TP_Q85_A2.html">TP, Q[85], AA[2]</a>,3). + </p> + <p id="XP_Q1_A2-p6"> + <b>Reply to Objection 1:</b> Contrition includes a twofold sorrow for sin. One is in the sensitive part, and is a passion. This does not belong essentially + to contrition as an act of virtue, but is rather its effect. For just as the virtue of penance inflicts outward punishment + on the body, in order to compensate for the offense done to God through the instrumentality of the bodily members, so does + it inflict on the concupiscible part of the soul a punishment, viz. the aforesaid + sorrow, because the concupiscible also co-operated in the sinful deeds. Nevertheless this sorrow may belong to contrition + taken as part of the sacrament, since the nature of a sacrament is such that it consists not only of internal but also of + external acts and sensible things. The other sorrow is in the will, and is nothing else save displeasure for some evil, for + the emotions of the will are named after the passions, as stated above (Sent. iii, D, 26, Q[1], A[5]; + <a id="XP_Q1_A2-p6.1" shape="rect" href="summa.FS_Q22_A3.html">FS, + Q[22], A[3] + </a>, ad 3). Accordingly, contrition is essentially a kind of sorrow, and is an act of the virtue of penance. + </p> + <p id="XP_Q1_A2-p7"> + <b>Reply to Objection 2:</b> Attrition denotes approach to perfect contrition, wherefore in corporeal matters, things are said to be attrite, when they + are worn away to a certain extent, but not altogether crushed to pieces; while they are said to be contrite, when all the + parts are crushed [tritae] minutely. Wherefore, in spiritual matters, attrition signifies a certain but not a perfect displeasure + for sins committed, whereas contrition denotes perfect displeasure. + </p> + <p id="XP_Q1_A2-p8"></p> + <p id="XP_Q1_A2-p9"></p> + <a href="summa.XP_Q1_A1.html"></a> + <a href="summa.XP_Q1_A3.html"></a> + </div> + <div id="XP_Q1_A3" class="div4"> + <a href="summa.XP_Q1_A2.html"></a> + <a href="summa.XP_Q2.html"></a> + <h4 id="XP_Q1_A3-p0.1">Whether attrition can become contrition?</h4> + <p id="XP_Q1_A3-p1"></p> + <p id="XP_Q1_A3-p2"> + <b>Objection 1:</b> It would seem that attrition can become contrition. For contrition differs from attrition, as living from dead. Now dead + faith becomes living. Therefore attrition can become contrition. + </p> + <p id="XP_Q1_A3-p3"> + <b>Objection 2:</b> Further, matter receives perfection when privation is removed. Now sorrow is to grace, as matter to form, because grace quickens + sorrow. Therefore the sorrow that was previously lifeless, while guilt remained, receives perfection through being quickened + by grace: and so the same conclusion follows as above. + </p> + <p id="XP_Q1_A3-p4"> + <b>On the contrary,</b> Things which are caused by principles altogether diverse cannot be changed, one into the other. Now the principle of attrition + is servile fear, while filial fear is the cause of contrition. Therefore attrition cannot become contrition. + </p> + <p id="XP_Q1_A3-p5"> + <b>I answer that,</b> There are two opinions on this question: for some say that attrition may become contrition, even as lifeless faith becomes + living faith. But, seemingly, this is impossible; since, although the habit of lifeless faith becomes living, yet never does + an act of lifeless faith become an act of living faith, because the lifeless act passes away and remains no more, as soon + as charity comes. Now attrition and contrition do not denote a habit, but an act only: and + those habits of infused virtue which regard the will cannot be lifeless, since they result from charity, as stated above (Sent. + iii, D, 27, Q[2], A[4]; + <a id="XP_Q1_A3-p5.1" shape="rect" href="summa.FS_Q65_A4.html">FS, Q[65], A[4]</a>). Wherefore until grace be infused, there is no habit by which afterwards the act of contrition may be elicited; so that + attrition can nowise become attrition: and this is the other opinion. + </p> + <p id="XP_Q1_A3-p6"> + <b>Reply to Objection 1:</b> There is no comparison between faith and contrition, as stated above. + </p> + <p id="XP_Q1_A3-p7"> + <b>Reply to Objection 2:</b> When the privation is removed from matter, the matter is quickened if it remains when the perfection comes. But the sorrow + which was lifeless, does not remain when charity comes, wherefore it cannot be quickened. + </p> + <p id="XP_Q1_A3-p8"> It may also be replied that matter does not take its origin from the form essentially, as an act takes its origin from the + habit which quickens it. Wherefore nothing hinders matter being quickened anew by some form, whereby it was not quickened + previously: whereas this cannot be said of an act, even as it is impossible for the identically same thing to arise from a + cause wherefrom it did not arise before, since a thing is brought into being but once. + </p> + <p id="XP_Q1_A3-p9"></p> + <p id="XP_Q1_A3-p10"></p> + <a href="summa.XP_Q1_A2.html"></a> + <a href="summa.XP_Q2.html"></a> + </div> + <a href="summa.XP.ii.html"></a> + <a href="summa.XP_Q1_A1.html"></a> + </div> + <div id="XP_Q2" class="div3"> + <a href="summa.XP_Q1_A3.html"></a> + <a href="summa.XP_Q2_A1.html"></a> + <h3 id="XP_Q2-p0.1">OF THE OBJECT OF CONTRITION (SIX ARTICLES)</h3> + <p id="XP_Q2-p1"></p> + <p id="XP_Q2-p2"> We must now consider the object of contrition. Under this head there are six points of inquiry:</p> + <p id="XP_Q2-p3"> (1) Whether a man should be contrite on account of his punishment?</p> + <p id="XP_Q2-p4"> (2) Whether, on account of original sin?</p> + <p id="XP_Q2-p5"> (3) Whether, for every actual sin he has committed?</p> + <p id="XP_Q2-p6"> (4) Whether, for actual sins he will commit?</p> + <p id="XP_Q2-p7"> (5) Whether, for the sins of others?</p> + <p id="XP_Q2-p8"> (6) Whether, for each single mortal sin?</p> + <div id="XP_Q2_A1" class="div4"> + <a href="summa.XP_Q2.html"></a> + <a href="summa.XP_Q2_A2.html"></a> + <h4 id="XP_Q2_A1-p0.1">Whether man should be contrite on account of the punishment, and not only on account of his sin?</h4> + <p id="XP_Q2_A1-p1"></p> + <p id="XP_Q2_A1-p2"> + <b>Objection 1:</b> It would seem that man should be contrite on account of the punishment, and not only on account of his sin. For Augustine + says in De Poenitentia [*Cf. Hom. 50 inter 1]: "No man desires life everlasting unless he repent of this mortal life." But + the morality of this life is a punishment. Therefore the penitent should be contrite on account of his punishments also. + </p> + <p id="XP_Q2_A1-p3"> + <b>Objection 2:</b> Further, the Master says (Sent. iv, D, 16, cap. i), quoting Augustine (De vera et falsa Poenitentia [*Work of an unknown + author]), that the penitent should be sorry for having deprived himself of virtue. But privation of virtue is a punishment. + Therefore contrition is sorrow for punishments also. + </p> + <p id="XP_Q2_A1-p4"> + <b>On the contrary,</b> No one holds to that for which he is sorry. But a penitent, by the very signification of the word, is one who holds to his + punishment [*"Poenitens," i.e. "poenam tenens"]. Therefore he is not sorry on account of his punishment, so that contrition + which is penitential sorrow is not on account of punishment. + </p> + <p id="XP_Q2_A1-p5"> + <b>I answer that,</b> As stated above ( + <a id="XP_Q2_A1-p5.1" shape="rect" href="summa.XP_Q1_A1.html">Q[1], A[1]</a>), contrition implies the crushing of something hard and whole. Now this wholeness and hardness is found in the evil of fault, + since the will, which is the cause thereof in the evil-doer, sticks to its own ground*, and refuses to yield to the precept + of the law, wherefore displeasure at a suchlike evil is called metaphorically "contrition." [*There is a play on the words + here---'integer' (whole) and 'in suis + terminis' (to its own ground)]. But this metaphor cannot be applied to evil of punishment, because punishment simply denotes + a lessening, so that it is possible to have sorrow for punishment but not contrition. + </p> + <p id="XP_Q2_A1-p6"> + <b>Reply to Objection 1:</b> According to St. Augustine, penance should be on account of this mortal life, not by reason of its mortality (unless penance + be taken broadly for every kind of sorrow); but by reason of sins, to which we are prone on account of the weakness of this + life. + </p> + <p id="XP_Q2_A1-p7"> + <b>Reply to Objection 2:</b> Sorrow for the loss of virtue through sin is not essentially the same as contrition, but is its principle. For just as we + are moved to desire a thing on account of the good we expect to derive from it, so are we moved to be sorry for something + on account of the evil accruing to us therefrom. + </p> + <p id="XP_Q2_A1-p8"></p> + <p id="XP_Q2_A1-p9"></p> + <a href="summa.XP_Q2.html"></a> + <a href="summa.XP_Q2_A2.html"></a> + </div> + <div id="XP_Q2_A2" class="div4"> + <a href="summa.XP_Q2_A1.html"></a> + <a href="summa.XP_Q2_A3.html"></a> + <h4 id="XP_Q2_A2-p0.1">Whether contrition should be on account of original sin?</h4> + <p id="XP_Q2_A2-p1"></p> + <p id="XP_Q2_A2-p2"> + <b>Objection 1:</b> It would seem that contrition should be on account of original sin. For we ought to be contrite on account of actual sin; + not by reason of the act, considered as a kind of being, but by reason of its deformity, since the act, regarded in its substance, + is a good, and is from God. Now original sin has a deformity, even as actual sin has. Therefore we should be contrite on its + account also. + </p> + <p id="XP_Q2_A2-p3"> + <b>Objection 2:</b> Further, by original sin man has been turned away from God, since in punishment thereof he was to be deprived of seeing God. + But every man should be displeased at having been turned away from God. Therefore man should be displeased at original sin; + and so he ought to have contrition for it. + </p> + <p id="XP_Q2_A2-p4"> + <b>On the contrary,</b> The medicine should be proportionate to the disease. Now we contracted original sin without willing to do so. Therefore it + is not necessary that we should be cleansed from it by an act of the will, such as contrition is. + </p> + <p id="XP_Q2_A2-p5"> + <b>I answer that,</b> Contrition is sorrow, as stated above ( + <a id="XP_Q2_A2-p5.1" shape="rect" href="summa.XP_Q1_A1.html">Q[1], AA[1]</a>,2), respecting and, so to speak, crushing the hardness of the will. Consequently it can regard those sins only which result + in us through the hardness of our will. And as original sin was not brought upon us by our own will, but contracted from the + origin of our infected nature, it follows that, properly speaking, we cannot have contrition on its account, but only displeasure + or + sorrow. + </p> + <p id="XP_Q2_A2-p6"> + <b>Reply to Objection 1:</b> Contrition is for sin, not by reason of the mere substance of the act, because it does not derive the character of evil therefrom; + nor again, by reason of its deformity alone, because deformity, of itself, does not include the notion of guilt, and sometimes + denotes a punishment. But contrition ought to be on account of sin, as implying deformity resulting from an act of the will; + and this does not apply to original sin, so that contrition does not + apply to it. + </p> + <p id="XP_Q2_A2-p7"> The same Reply avails for the Second Objection, because contrition is due to aversion of the will.</p> + <p id="XP_Q2_A2-p8"></p> + <p id="XP_Q2_A2-p9"></p> + <a href="summa.XP_Q2_A1.html"></a> + <a href="summa.XP_Q2_A3.html"></a> + </div> + <div id="XP_Q2_A3" class="div4"> + <a href="summa.XP_Q2_A2.html"></a> + <a href="summa.XP_Q2_A4.html"></a> + <h4 id="XP_Q2_A3-p0.1">Whether we should have contrition for every actual sin?</h4> + <p id="XP_Q2_A3-p1"></p> + <p id="XP_Q2_A3-p2"> + <b>Objection 1:</b> It would seem that we have no need to have contrition for every actual sin we have committed. For contraries are healed by + their contraries. Now some sins are committed through sorrow, e.g. sloth and envy. Therefore their remedy should not be sorrow, + such as contrition is, but joy. + </p> + <p id="XP_Q2_A3-p3"> + <b>Objection 2:</b> Further, contrition is an act of the will, which cannot refer to that which is not known. But there are sins of which we + have no knowledge, such as those we have forgotten. Therefore we cannot have contrition for them. + </p> + <p id="XP_Q2_A3-p4"> + <b>Objection 3:</b> Further, by voluntary contrition those sins are blotted out which we committed voluntarily. But ignorance takes away voluntariness, + as the Philosopher declares (Ethic. iii, 1). Therefore contrition need not cover things which have occurred through ignorance. + </p> + <p id="XP_Q2_A3-p5"> + <b>Objection 4:</b> Further, we need not be contrite for a sin which is not removed by contrition. Now some sins are not removed by contrition, + e.g. venial sins, that remain after the grace of contrition. Therefore there is no need to have contrition for all one's past + sins. + </p> + <p id="XP_Q2_A3-p6"> + <b>On the contrary,</b> Penance is a remedy for all actual sins. But penance cannot regard some sins, without contrition regarding them also, for + it is the first part of Penance. Therefore contrition should be for all one's past sins. + </p> + <p id="XP_Q2_A3-p7"> Further, no sin is forgiven a man unless he be justified. But justification requires contrition, as stated above (Q[1], A[1]; + + <a id="XP_Q2_A3-p7.1" shape="rect" href="summa.FS_Q113.html">FS, Q[113])</a>. Therefore it is necessary to have contrition for all one's sins. + </p> + <p id="XP_Q2_A3-p8"> + <b>I answer that,</b> Every actual sin is caused by our will not yielding to God's law, either by transgressing it, or by omitting it, or by acting + beside it: and since a hard thing is one that is disposed not to give way easily, hence it is that a certain hardness of the + will is to be found in every actual sin. Wherefore, if a sin is to be remedied, it needs to be taken away by contrition which + crushes it. + </p> + <p id="XP_Q2_A3-p9"> + <b>Reply to Objection 1:</b> As clearly shown above (A[2], ad 1), contrition is opposed to sin, in so far as it proceeds from the choice of the will that + had failed to obey the command of God's law, and not as regards the material part of sin: and it is on this that the choice + of the will falls. Now the will's choice falls not only on the acts of the other powers, which the will uses for its own end, + but also on the will's own proper act: for the will wills to will something. + Accordingly the will's choice falls on that pain or sadness which is to be found in the sin of envy and the like, whether + such pain be in the senses or in the will itself. Consequently the sorrow of contrition is opposed to those sins. + </p> + <p id="XP_Q2_A3-p10"> + <b>Reply to Objection 2:</b> One may forget a thing in two ways, either so that it escapes the memory altogether, and then one cannot search for it; or + so that it escapes from the memory in part, and in part remains, as when I remember having heard something in general, but + know not what it was in particular, and then I search my memory in order to discover it. Accordingly a sin also may be forgotten + in two ways, either so as to remain in a general, but not in a particular + remembrance, and then a man is bound to bethink himself in order to discover the sin, because he is bound to have contrition + for each individual mortal sin. And if he is unable to discover it, after applying himself with due care, it is enough that + he be contrite for it, according as it stands in his knowledge, and indeed he should grieve not only for the sin, but also + for having forgotten it, because this is owing to his neglect. If, however, the sin has escaped from his memory altogether, + then he is excused from his duty through being unable to fulfill it, and it is enough that he be contrite in general for everything + wherein he has offended God. But when this inability is removed, as when the sin is recalled to his memory, then he is bound + to have contrition for that sin in particular, even as a poor man, who cannot pay a debt, is excused, and yet is bound to, + as soon as he can. + </p> + <p id="XP_Q2_A3-p11"> + <b>Reply to Objection 3:</b> If ignorance were to remove altogether the will to do evil, it will excuse, and there would be no sin: and sometimes it does + not remove the will altogether, and then it does not altogether excuse, but only to a certain extent: wherefore a man is bound + to be contrite for a sin committed through ignorance. + </p> + <p id="XP_Q2_A3-p12"> + <b>Reply to Objection 4:</b> A venial sin can remain after contrition for a mortal sin, but not after contrition for the venial sin: wherefore contrition + should also cover venial sins even as penance does, as stated above (Sent. iv, D, 16, Q[2], A[2], qu. 2; + <a id="XP_Q2_A3-p12.1" shape="rect" href="summa.XP_Q87_A1.html">XP, Q[87], A[1]</a>). + </p> + <p id="XP_Q2_A3-p13"></p> + <p id="XP_Q2_A3-p14"></p> + <a href="summa.XP_Q2_A2.html"></a> + <a href="summa.XP_Q2_A4.html"></a> + </div> + <div id="XP_Q2_A4" class="div4"> + <a href="summa.XP_Q2_A3.html"></a> + <a href="summa.XP_Q2_A5.html"></a> + <h4 id="XP_Q2_A4-p0.1">Whether a man is bound to have contrition for his future sins?</h4> + <p id="XP_Q2_A4-p1"></p> + <p id="XP_Q2_A4-p2"> + <b>Objection 1:</b> It would seem that a man is bound to have contrition for his future sins also. For contrition is an act of the free-will: + and the free-will extends to the future rather than to the past, since choice, which is an act of the free-will, is about + future contingents, as stated in Ethic. iii. Therefore contrition is about future sins rather than about past sins. + </p> + <p id="XP_Q2_A4-p3"> + <b>Objection 2:</b> Further, sin is aggravated by the result that ensues from it: wherefore Jerome says [*St. Basil asserts this implicitly in + De Vera Virgin.] that the punishment of Arius is not yet ended, for it is yet possible for some to be ruined through his heresy, + by reason of whose ruin his punishment would be increased: and the same applies to a man who is judged guilty of murder, if + he has committed a murderous assault, even before his victim dies. Now the sinner ought + to be contrite during that intervening time. Therefore the degree of his contrition ought to be proportionate not only to + his past act, but also to its eventual result: and consequently contrition regards the future. + </p> + <p id="XP_Q2_A4-p4"> + <b>On the contrary,</b> Contrition is a part of penance. But penance always regards the past: and therefore contrition does also, and consequently + is not for a future sin. + </p> + <p id="XP_Q2_A4-p5"> + <b>I answer that,</b> In every series of things moving and moved ordained to one another, we find that the inferior mover has its proper movement, + and besides this, it follows, in some respect, the movement of the superior mover: this is seen in the movement of the planets, + which, in addition to their proper movements, follow the movement of the first heaven. Now, in all the moral virtues, the + first mover is prudence, which is called the charioteer of the virtues. Consequently + each moral virtue, in addition to its proper movement, has something of the movement of prudence: and therefore, since penance + is a moral virtue, as it is a part of justice, in addition to its own act, it acquires the movement of prudence. Now its proper + movement is towards its proper object, which is a sin committed. Wherefore its proper and principal act, viz. contrition, + essentially regards past sins alone; but, inasmuch as it acquires something of the act of prudence, it regards future sins + indirectly, although it is not essentially moved towards those future sins. For this reason, he that is contrite, is sorry + for his past sins, and is cautious of future sins. Yet we do not speak of contrition for future sins, but of caution, which + is a part of prudence conjoined to penance. + </p> + <p id="XP_Q2_A4-p6"> + <b>Reply to Objection 1:</b> The free-will is said to regard future contingents, in so far as it is concerned with acts, but not with the object of acts: + because, of his own free-will, a man can think about past and necessary things, and yet the very act of thinking, in so far + as it is subject to the free-will, is a future contingent. Hence the act the contrition also is a future contingent, in so + far as it is subject to the free-will; and yet its object can be something + past. + </p> + <p id="XP_Q2_A4-p7"> + <b>Reply to Objection 2:</b> The consequent result which aggravates a sin was already present in the act as in its cause; wherefore when the sin was committed, + its degree of gravity was already complete, and no further guilt accrued to it when the result took place. Nevertheless some + accidental punishment accrues to it, in the respect of which the damned will have the more motives of regret for the more + evils that have resulted from their sins. It is in this sense that Jerome + [*Basil] speaks. Hence there is not need for contrition to be for other than past sins. + </p> + <p id="XP_Q2_A4-p8"></p> + <p id="XP_Q2_A4-p9"></p> + <a href="summa.XP_Q2_A3.html"></a> + <a href="summa.XP_Q2_A5.html"></a> + </div> + <div id="XP_Q2_A5" class="div4"> + <a href="summa.XP_Q2_A4.html"></a> + <a href="summa.XP_Q2_A6.html"></a> + <h4 id="XP_Q2_A5-p0.1">Whether a man ought to have contrition for another's sin? </h4> + <p id="XP_Q2_A5-p1"></p> + <p id="XP_Q2_A5-p2"> + <b>Objection 1:</b> It would seem that a man ought to have contrition for another's sin. For one should not ask forgiveness for a sin unless + one is contrite for it. Now forgiveness is asked for another's sin in + <a class="scripRef" id="XP_Q2_A5-p2.1" href="./asv.html#Ps.18.13" target="asv"> Ps. 18:13</a>: "From those of others spare thy servant." Therefore a man ought to be contrite for another's sins. + </p> + <p id="XP_Q2_A5-p3"> + <b>Objection 2:</b> Further, man is bound, ought of charity, to love his neighbor as himself. Now, through love of himself, he both grieves for + his ills, and desires good things. Therefore, since we are bound to desire the goods of grace for our neighbor, as for ourselves, + it seems that we ought to grieve for his sins, even as for our own. But contrition is nothing else than sorrow for sins. Therefore + man should be contrite for the sins of others. + </p> + <p id="XP_Q2_A5-p4"> + <b>On the contrary,</b> Contrition is an act of the virtue of penance. But no one repents save for what he has done himself. Therefore no one is + contrite for others' sins. + </p> + <p id="XP_Q2_A5-p5"> + <b>I answer that,</b> The same thing is crushed [conteritur] which hitherto was hard and whole. Hence contrition for sin must needs be in the same + subject in which the hardness of sin was hitherto: so that there is no contrition for the sins of others. + </p> + <p id="XP_Q2_A5-p6"> + <b>Reply to Objection 1:</b> The prophet prays to be spared from the sins of others, in so far as, through fellowship with sinners, a man contracts a + stain by consenting to their sins: thus it is written ( + <a class="scripRef" id="XP_Q2_A5-p6.1" href="./asv.html#Ps.17.27" target="asv">Ps. 17:27</a>): "With the perverse thou wilt be perverted." + </p> + <p id="XP_Q2_A5-p7"> + <b>Reply to Objection 2:</b> We ought to grieve for the sins of others, but not to have contrition for them, because not all sorrow for past sins is contrition, + as is evident for what has been said already. + </p> + <p id="XP_Q2_A5-p8"></p> + <p id="XP_Q2_A5-p9"></p> + <a href="summa.XP_Q2_A4.html"></a> + <a href="summa.XP_Q2_A6.html"></a> + </div> + <div id="XP_Q2_A6" class="div4"> + <a href="summa.XP_Q2_A5.html"></a> + <a href="summa.XP_Q3.html"></a> + <h4 id="XP_Q2_A6-p0.1">Whether it is necessary to have contrition for each mortal sin?</h4> + <p id="XP_Q2_A6-p1"></p> + <p id="XP_Q2_A6-p2"> + <b>Objection 1:</b> It would seem that it is not necessary to have contrition for each mortal sin. For the movement of contrition in justification + is instantaneous: whereas a man cannot think of every mortal sin in an instant. Therefore it is not necessary to have contrition + for each mortal sin. + </p> + <p id="XP_Q2_A6-p3"> + <b>Objection 2:</b> Further, contrition should be for sins, inasmuch as they turn us away from God, because we need not be contrite for turning + to creatures without turning away from God. Now all mortal sins agree in turning us away from God. Therefore one contrition + for all is sufficient. + </p> + <p id="XP_Q2_A6-p4"> + <b>Objection 3:</b> Further, mortal sins have more in common with one another, than actual and original sin. Now one Baptism blots out all sins + both actual and original. Therefore one general contrition blots out all mortal sins. + </p> + <p id="XP_Q2_A6-p5"> + <b>On the contrary,</b> For diverse diseases there are diverse remedies, since "what heals the eye will not heal the foot," as Jerome says (Super + Marc. ix, 28). But contrition is the special remedy for one mortal sin. Therefore one general contrition for all mortal sins + does not suffice. + </p> + <p id="XP_Q2_A6-p6"> Further, contrition is expressed by confession. But it is necessary to confess each mortal sin. Therefore it is necessary + to have contrition for each mortal sin. + </p> + <p id="XP_Q2_A6-p7"> + <b>I answer that,</b> Contrition may be considered in two ways, as to its origin, and as to its term. By origin of contrition I mean the process + of thought, when a man thinks of his sin and is sorry for it, albeit not with the sorrow of contrition, yet with that of attrition. + The term of contrition is when that sorrow is already quickened by grace. Accordingly, as regards the origin of contrition, + a man needs to be contrite for each sin that he calls to mind; but as regards its + term, it suffices for him to have one general contrition for all, because then the movement of his contrition acts in virtue + of all his preceding dispositions. + </p> + <p id="XP_Q2_A6-p8"> This suffices for the Reply to the First Objection.</p> + <p id="XP_Q2_A6-p9"> + <b>Reply to Objection 2:</b> Although all mortal sins agree in turning man away from God, yet they differ in the cause and mode of aversion, and in the + degree of separation from God; and this regards the different ways in which they turn us to creatures. + </p> + <p id="XP_Q2_A6-p10"> + <b>Reply to Objection 3:</b> Baptism acts in virtue of Christ's merit, Who had infinite power for the blotting out of all sins; and so for all sins one + Baptism suffices. But in contrition, in addition to the merit of Christ, an act of ours is requisite, which must, therefore, + correspond to each sin, since it has not infinite power for contrition. + </p> + <p id="XP_Q2_A6-p11"> It may also be replied that Baptism is a spiritual generation; whereas Penance, as regards contrition and its other parts, + is a kind of spiritual healing by way of some alteration. Now it is evident in the generation of a body, accompanied by corruption + of another body, that all the accidents contrary to the thing generated, and which were the accidents of the thing corrupted, + are removed by the one generation: whereas in alteration, only that accident is removed which was + contrary to the accident which is the term of the alteration. In like manner, one Baptism blots out all sins together and + introduces a new life; whereas Penance does not blot out each sin, unless it be directed to each. For this reason it is necessary + to be contrite for, and to confess each sin. + </p> + <p id="XP_Q2_A6-p12"></p> + <p id="XP_Q2_A6-p13"></p> + <a href="summa.XP_Q2_A5.html"></a> + <a href="summa.XP_Q3.html"></a> + </div> + <a href="summa.XP_Q1_A3.html"></a> + <a href="summa.XP_Q2_A1.html"></a> + </div> + <div id="XP_Q3" class="div3"> + <a href="summa.XP_Q2_A6.html"></a> + <a href="summa.XP_Q3_A1.html"></a> + <h3 id="XP_Q3-p0.1">OF THE DEGREE OF CONTRITION (THREE ARTICLES)</h3> + <p id="XP_Q3-p1"></p> + <p id="XP_Q3-p2"> We must now consider the degree of contrition: under which head there are three points of inquiry:</p> + <p id="XP_Q3-p3"> (1) Whether contrition is the greatest possible sorrow in the world?</p> + <p id="XP_Q3-p4"> (2) Whether the sorrow of contrition can be too great?</p> + <p id="XP_Q3-p5"> (3) Whether sorrow for one sin ought to be greater than for another?</p> + <div id="XP_Q3_A1" class="div4"> + <a href="summa.XP_Q3.html"></a> + <a href="summa.XP_Q3_A2.html"></a> + <h4 id="XP_Q3_A1-p0.1">Whether contrition is the greatest possible sorrow in the world?</h4> + <p id="XP_Q3_A1-p1"></p> + <p id="XP_Q3_A1-p2"> + <b>Objection 1:</b> It would seem that contrition is not the greatest possible sorrow in the world. For sorrow is the sensation of hurt. But + some hurts are more keenly felt than the hurt of sin, e.g. the hurt of a wound. Therefore contrition is not the greatest sorrow. + </p> + <p id="XP_Q3_A1-p3"> + <b>Objection 2:</b> Further, we judge of a cause according to its effect. Now the effect of sorrow is tears. Since therefore sometimes a contrite + person does not shed outward tears for his sins, whereas he weeps for the death of a friend, or for a blow, or the like, it + seems that contrition is not the greatest sorrow. + </p> + <p id="XP_Q3_A1-p4"> + <b>Objection 3:</b> Further, the more a thing is mingled with its contrary, the less its intensity. But the sorrow of contrition has a considerable + admixture of joy, because the contrite man rejoices in his delivery, in the hope of pardon, and in many like things. Therefore + his sorrow is very slight. + </p> + <p id="XP_Q3_A1-p5"> + <b>Objection 4:</b> Further, the sorrow of contrition is a kind of displeasure. But there are many things more displeasing to the contrite than + their past sins; for they would not prefer to suffer the pains of hell rather than to sin. nor to have suffered, nor yet to + suffer all manner of temporal punishment; else few would be found contrite. Therefore the sorrow of contrition is not the + greatest. + </p> + <p id="XP_Q3_A1-p6"> + <b>On the contrary,</b> According to Augustine (De Civ. Dei xiv, 7, 9), "all sorrow is based on love." Now the love of charity, on which the sorrow + of contrition is based, is the greatest love. Therefore the sorrow of contrition is the greatest sorrow. + </p> + <p id="XP_Q3_A1-p7"> Further, sorrow is for evil. Therefore the greater the evil, the greater the sorrow. But the fault is a greater evil than + its punishment. Therefore contrition which is sorrow for fault, surpasses all other sorrow. + </p> + <p id="XP_Q3_A1-p8"> + <b>I answer that,</b> As stated above ( + <a id="XP_Q3_A1-p8.1" shape="rect" href="summa.XP_Q1_A2.html">Q[1], A[2]</a>, ad 1), there is a twofold sorrow in contrition: one is in the will, and is the very essence of contrition, being nothing + else than displeasure at past sin, and this sorrow, in contrition, surpasses all other sorrows. For the more pleasing a thing + is, the more displeasing is its contrary. Now the last end is above all things pleasing: wherefore sin, which turns us away + from the last end, should be, above + all things, displeasing. The other sorrow is in the sensitive part, and is caused by the former sorrow either from natural + necessity, in so far as the lower powers follow the movements of the higher, or from choice, in so far as a penitent excites + in himself this sorrow for his sins. In neither of these ways is such sorrow, of necessity, the greatest, because the lower + powers are more deeply moved by their own objects than through redundance from the higher powers. Wherefore the nearer the + operation of the higher powers approaches to the objects of the lower powers, the more do the latter follow the movement of + the former. Consequently there is greater pain in the sensitive part, on account of a sensible hurt, than that which redounds + into the sensitive part from the reason; and likewise, that which redounds from the reason when it deliberates on corporeal + things, is greater than that which redounds from the reason in considering spiritual things. Therefore the sorrow which + results in the sensitive part from the reason's displeasure at sin, is not greater than the other sorrows of which that same + part is the subject: and likewise, neither is the sorrow which is assumed voluntarily greater than other sorrows---both because + the lower appetite does not obey the higher appetite infallibly, as though in the lower appetite there should arise a passion + of such intensity and of such a kind as the higher appetite might ordain---and because the passions are employed by the + reason, in acts of virtue, according to a certain measure, which the sorrow that is without virtue sometimes does not observe, + but exceeds. + </p> + <p id="XP_Q3_A1-p9"> + <b>Reply to Objection 1:</b> Just as sensible sorrow is on account of the sensation of hurt, so interior sorrow is on account of the thought of something + hurtful. Therefore, although the hurt of sin is not perceived by the external sense, yet it is perceived to be the most grievous + hurt by the interior sense or reason. + </p> + <p id="XP_Q3_A1-p10"> + <b>Reply to Objection 2:</b> Affections of the body are the immediate result of the sensitive passions and, through them, of the emotions of the higher + appetite. Hence it is that bodily tears flow more quickly from sensible sorrow, or even from a thing that hurts the senses, + than from the spiritual sorrow of contrition. + </p> + <p id="XP_Q3_A1-p11"> + <b>Reply to Objection 3:</b> The joy which a penitent has for his sorrow does not lessen his displeasure (for it is not contrary to it), but increases + it, according as every operation is increased by the delight which it causes, as stated in Ethic. x, 5. Thus he who delights + in learning a science, learns the better, and, in like manner, he who rejoices in his displeasure, is the more intensely displeased. + But it may well happen that this joy tempers the sorrow that results from + the reason in the sensitive part. + </p> + <p id="XP_Q3_A1-p12"> + <b>Reply to Objection 4:</b> The degree of displeasure at a thing should be proportionate to the degree of its malice. Now the malice of mortal sin is + measured from Him against Whom it is committed, inasmuch as it is offensive to Him; and from him who sins, inasmuch as it + is hurtful to him. And, since man should love God more than himself, therefore he should hate sin, as an offense against God, + more than as being hurtful to himself. Now it is hurtful to him chiefly because it + separates him from God; and in this respect the separation from God which is a punishment, should be more displeasing than + the sin itself, as causing this hurt (since what is hated on account of something else, is less hated), but less than the + sin, as an offense against God. Again, among all the punishments of malice a certain order is observed according to the degree + of the hurt. Consequently, since this is the greatest hurt, inasmuch as it consists in privation of the greatest good, the + greatest of all punishments will be separation from God. + </p> + <p id="XP_Q3_A1-p13"> Again, with regard to this displeasure, it is necessary to observe that there is also an accidental degree of malice, in + respect of the present and the past; since what is past, is no more, whence it has less of the character of malice or goodness. + Hence it is that a man shrinks from suffering an evil at the present, or at some future time, more than he shudders at the + past evil: wherefore also, no passion of the soul corresponds directly to the past, as sorrow corresponds to + present evil, and fear to future evil. Consequently, of two past evils, the mind shrinks the more from that one which still + produces a greater effect at the present time, or which, it fears, will produce a greater effect in the future, although in + the past it was the lesser evil. And, since the effect of the past sin is sometimes not so keenly felt as the effect of the + past punishment, both because sin is more perfectly remedied than punishment, and because bodily defect is more manifest than + spiritual defect, therefore even a man, who is well disposed, sometimes feels a greater abhorrence of his past punishment + than of his past sin, although he would be ready to suffer the same punishment over again rather than commit the same sin. + </p> + <p id="XP_Q3_A1-p14"> We must also observe, in comparing sin with punishment, that some punishments are inseparable from offense of God, e.g. separation + from God; and some also are everlasting, e.g. the punishment of hell. Therefore the punishment to which is connected offense + of God is to be shunned in the same way as sin; whereas that which is everlasting is simply to be shunned more than sin. If, + however, we separate from these punishments the notion of offense, and consider only the notion of + punishment, they have the character of malice, less than sin has as an offense against God: and for this reason should cause + less displeasure. + </p> + <p id="XP_Q3_A1-p15"> We must, however, take note that, although the contrite should be thus disposed, yet he should not be questioned about his + feelings, because man cannot easily measure them. Sometimes that which displeases least seems to displease most, through being + more closely connected with some sensible hurt, which is more known to us. + </p> + <p id="XP_Q3_A1-p16"></p> + <p id="XP_Q3_A1-p17"></p> + <a href="summa.XP_Q3.html"></a> + <a href="summa.XP_Q3_A2.html"></a> + </div> + <div id="XP_Q3_A2" class="div4"> + <a href="summa.XP_Q3_A1.html"></a> + <a href="summa.XP_Q3_A3.html"></a> + <h4 id="XP_Q3_A2-p0.1">Whether the sorrow of contrition can be too great?</h4> + <p id="XP_Q3_A2-p1"></p> + <p id="XP_Q3_A2-p2"> + <b>Objection 1:</b> It would seem that the sorrow of contrition cannot be too great. For no sorrow can be more immoderate than that which destroys + its own subject. But the sorrow of contrition, if it be so great as to cause death or corruption of the body, is praiseworthy. + For Anselm says (Orat. lii): "Would that such were the exuberance of my inmost soul, as to dry up the marrow of my body"; + and Augustine [*De Contritione Cordis, work of an unknown author] confesses that "he + deserves to blind his eyes with tears." Therefore the sorrow of contrition cannot be too great. + </p> + <p id="XP_Q3_A2-p3"> + <b>Objection 2:</b> Further, the sorrow of contrition results from the love of charity. But the love of charity cannot be too great. Neither, + therefore, can the sorrow of contrition be too great. + </p> + <p id="XP_Q3_A2-p4"> + <b>Objection 3:</b> On the contrary, Every moral virtue is destroyed by excess and deficiency. But contrition is an act of a moral virtue, viz. + penance, since it is a part of justice. Therefore sorrow for sins can be too great. + </p> + <p id="XP_Q3_A2-p5"> + <b>I answer that,</b> Contrition, as regards the sorrow in the reason, i.e. the displeasure, whereby the sin is displeasing through being an offense + against God, cannot be too great; even as neither can the love of charity be too great, for when this is increased the aforesaid + displeasure is increased also. But, as regards the sensible sorrow, contrition may be too great, even as outward affliction + of the body may be too great. In all these things the rule should be the + safeguarding of the subject, and of that general well-being which suffices for the fulfillment of one's duties; hence it is + written ( + <a class="scripRef" id="XP_Q3_A2-p5.1" href="./asv.html#Rom.12.1" target="asv">Rom. 12:1</a>): "Let your sacrifice be reasonable [*Vulg.: 'Present your bodies . . . a reasonable sacrifice']." + </p> + <p id="XP_Q3_A2-p6"> + <b>Reply to Objection 1:</b> Anselm desired the marrow of his body to be dried up by the exuberance of his devotion, not as regards the natural humor, + but as to his bodily desires and concupiscences. And, although Augustine acknowledged that he deserved to lose the use of + his bodily eyes on account of his sins, because every sinner deserves not only eternal, but also temporal death, yet he did + not wish his eyes to be blinded. + </p> + <p id="XP_Q3_A2-p7"> + <b>Reply to Objection 2:</b> This objection considers the sorrow which is in the reason: while the Third considers the sorrow of the sensitive part. + </p> + <p id="XP_Q3_A2-p8"></p> + <p id="XP_Q3_A2-p9"></p> + <a href="summa.XP_Q3_A1.html"></a> + <a href="summa.XP_Q3_A3.html"></a> + </div> + <div id="XP_Q3_A3" class="div4"> + <a href="summa.XP_Q3_A2.html"></a> + <a href="summa.XP_Q4.html"></a> + <h4 id="XP_Q3_A3-p0.1">Whether sorrow for one sin should be greater than for another?</h4> + <p id="XP_Q3_A3-p1"></p> + <p id="XP_Q3_A3-p2"> + <b>Objection 1:</b> It would seem that sorrow for one sin need not be greater than for another. For Jerome (Ep. cviii) commends Paula for that + "she deplored her slightest sins as much as great ones." Therefore one need not be more sorry for one sin than for another. + </p> + <p id="XP_Q3_A3-p3"> + <b>Objection 2:</b> Further, the movement of contrition is instantaneous. Now one instantaneous movement cannot be at the same time more intense + and more remiss. Therefore contrition for one sin need not be greater than for another. + </p> + <p id="XP_Q3_A3-p4"> + <b>Objection 3:</b> Further, contrition is for sin chiefly as turning us away from God. But all mortal sins agree in turning us away from God, + since they all deprive us of grace whereby the soul is united to God. Therefore we should have equal contrition for all mortal + sins. + </p> + <p id="XP_Q3_A3-p5"> + <b>On the contrary,</b> It is written ( + <a class="scripRef" id="XP_Q3_A3-p5.1" href="./asv.html#Deut.25.2" target="asv">Dt. 25:2</a>): "According to the measure of the sin, shall the measure also of the stripes be." Now, in contrition, the stripes are measured + according to the sins, because to contrition is united the purpose of making satisfaction. Therefore contrition should be + for one sin more than for another. + </p> + <p id="XP_Q3_A3-p6"> Further, man should be contrite for that which he ought to have avoided. But he ought to avoid one sin more than another, + if that sin is more grievous, and it be necessary to do one or the other. Therefore, in like manner, he ought to be more sorry + for one, viz. the more grievous, than for the other. + </p> + <p id="XP_Q3_A3-p7"> + <b>I answer that,</b> We may speak of contrition in two ways: first, in so far as it corresponds to each single sin, and thus, as regards the sorrow + in the higher appetite, a man ought to be more sorry for a more grievous sin, because there is more reason for sorrow, viz. + the offense against God, in such a sin than in another, since the more inordinate the act is, the more it offends God. In + like manner, since the greater sin deserves a greater punishment, the sorrow also of the + sensitive part, in so far as it is voluntarily undergone for sin, as the punishment thereof, ought to be greater where the + sin is greater. But in so far as the emotions of the lower appetite result from the impression of the higher appetite, the + degree of sorrow depends on the disposition of the lower faculty to the reception of impressions from the higher faculty, + and not on the greatness of the sin. + </p> + <p id="XP_Q3_A3-p8"> Secondly, contrition may be taken in so far as it is directed to all one's sins together, as in the act of justification. + Such contrition arises either from the consideration of each single sin, and thus although it is but one act, yet the distinction + of the sins remains virtually therein; or, at least, it includes the purpose of thinking of each sin; and in this way too + it is habitually more for one than for another. + </p> + <p id="XP_Q3_A3-p9"> + <b>Reply to Objection 1:</b> Paula is commended, not for deploring all her sins equally, but because she grieved for her slight sins as much as though + they were grave sins, in comparison with other persons who grieve for their sins: but for graver sins she would have grieved + much more. + </p> + <p id="XP_Q3_A3-p10"> + <b>Reply to Objection 2:</b> In that instantaneous movement of contrition, although it is not possible to find an actually distinct intensity in respect + of each individual sin, yet it is found in the way explained above; and also in another way, in so far as, in this general + contrition, each individual sin is related to that particular motive of sorrow which occurs to the contrite person, viz. the + offense against God. For he who loves a whole, loves its parts potentially although + not actually, and accordingly he loves some parts more and some less, in proportion to their relation to the whole; thus he + who loves a community, virtually loves each one more or less according to their respective relations to the common good. In + like manner he who is sorry for having offended God, implicitly grieves for his different sins in different ways, according + as by them he offended God more or less. + </p> + <p id="XP_Q3_A3-p11"> + <b>Reply to Objection 3:</b> Although each mortal sin turns us away from God and deprives us of His grace, yet some remove us further away than others, + inasmuch as through their inordinateness they become more out of harmony with the order of the Divine goodness, than others + do. + </p> + <p id="XP_Q3_A3-p12"></p> + <p id="XP_Q3_A3-p13"></p> + <a href="summa.XP_Q3_A2.html"></a> + <a href="summa.XP_Q4.html"></a> + </div> + <a href="summa.XP_Q2_A6.html"></a> + <a href="summa.XP_Q3_A1.html"></a> + </div> + <div id="XP_Q4" class="div3"> + <a href="summa.XP_Q3_A3.html"></a> + <a href="summa.XP_Q4_A1.html"></a> + <h3 id="XP_Q4-p0.1">OF THE TIME FOR CONTRITION (THREE ARTICLES)</h3> + <p id="XP_Q4-p1"></p> + <p id="XP_Q4-p2"> We must now consider the time for contrition: under which head there are three points of inquiry:</p> + <p id="XP_Q4-p3"> (1) Whether the whole of this life is the time for contrition?</p> + <p id="XP_Q4-p4"> (2) Whether it is expedient to grieve continually for our sins?</p> + <p id="XP_Q4-p5"> (3) Whether souls grieve for their sins even after this life?</p> + <div id="XP_Q4_A1" class="div4"> + <a href="summa.XP_Q4.html"></a> + <a href="summa.XP_Q4_A2.html"></a> + <h4 id="XP_Q4_A1-p0.1">Whether the whole of this life is the time for contrition?</h4> + <p id="XP_Q4_A1-p1"></p> + <p id="XP_Q4_A1-p2"> + <b>Objection 1:</b> It would seem that the time for contrition is not the whole of this life. For as we should be sorry for a sin committed, + so should we be ashamed of it. But shame for sin does not last all one's life, for Ambrose says (De Poenit. ii) that "he whose + sin is forgiven has nothing to be ashamed of." Therefore it seems that neither should contrition last all one's life, since + it is sorrow for sin. + </p> + <p id="XP_Q4_A1-p3"> + <b>Objection 2:</b> Further, it is written ( + <a class="scripRef" id="XP_Q4_A1-p3.1" href="./asv.html#iJohn.4.18" target="asv">1 Jn. 4:18</a>) that "perfect charity casteth out fear, because fear hath pain." But sorrow also has pain. Therefore the sorrow of contrition + cannot remain in the state of perfect charity. + </p> + <p id="XP_Q4_A1-p4"> + <b>Objection 3:</b> Further, there cannot be any sorrow for the past (since it is, properly speaking, about a present evil) except in so far + as something of the past sin remains in the present time. Now, in this life, sometimes one attains to a state in which nothing + remains of a past sin, neither disposition, nor guilt, nor any debt of punishment. Therefore there is no need to grieve any + more for that sin. + </p> + <p id="XP_Q4_A1-p5"> + <b>Objection 4:</b> Further, it is written ( + <a class="scripRef" id="XP_Q4_A1-p5.1" href="./asv.html#Rom.8.28" target="asv">Rom. 8:28</a>) that "to them that love God all things work together unto good," even sins as a gloss declares [*Augustine, De Correp. et + Grat.]. Therefore there is no need for them to grieve for sin after it has been forgiven. + </p> + <p id="XP_Q4_A1-p6"> + <b>Objection 5:</b> Further, contrition is a part of Penance, condivided with satisfaction. But there is no need for continual satisfaction. + Therefore contrition for sin need not be continual. + </p> + <p id="XP_Q4_A1-p7"> + <b>On the contrary,</b> Augustine in De Poenitentia [*De vera et falsa Poenitentia, work of an unknown author] says that "when sorrow ceases, penance + fails, and when penance fails, no pardon remains." Therefore, since it behooves one not to lose the forgiveness which has + been granted, it seems that one ought always to grieve for one's sins. + </p> + <p id="XP_Q4_A1-p8"> Further, it is written ( + <a class="scripRef" id="XP_Q4_A1-p8.1" href="./asv.html#Sir.5.5" target="asv">Ecclus. 5:5</a>): "Be not without fear about sin forgiven." Therefore man should always grieve, that his sins may be forgiven him. + </p> + <p id="XP_Q4_A1-p9"> + <b>I answer that,</b> As stated above ( + <a id="XP_Q4_A1-p9.1" shape="rect" href="summa.XP_Q3_A1.html">Q[3], A[1]</a>), there is a twofold sorrow in contrition: one is in the reason, and is detestation of the sin committed; the other is in + the sensitive part, and results from the former: and as regards both, the time for contrition is the whole of the present + state of life. For as long as one is a wayfarer, one detests the obstacles which retard or hinder one from reaching the end + of the way. Wherefore, since past sin + retards the course of our life towards God (because the time which was given to us for the course cannot be recovered), it + follows that the state of contrition remains during the whole of this lifetime, as regards the detestation of sin. The same + is to be said of the sensible sorrow, which is assumed by the will as a punishment: for since man, by sinning, deserved everlasting + punishment, and sinned against the eternal God, the everlasting punishment being commuted into a temporal one, sorrow + ought to remain during the whole of man's eternity, i.e. during the whole of the state of this life. For this reason Hugh + of St. Victor says [*Richard of St. Victor, De Pot. Lig. et Solv. 3,5,13] that "when God absolves a man from eternal guilt + and punishment, He binds him with a chain of eternal detestation of sin." + </p> + <p id="XP_Q4_A1-p10"> + <b>Reply to Objection 1:</b> Shame regards sin only as a disgraceful act; wherefore after sin has been taken away as to its guilt, there is no further + motive for shame; but there does remain a motive of sorrow, which is for the guilt, not only as being something disgraceful, + but also as having a hurt connected with it. + </p> + <p id="XP_Q4_A1-p11"> + <b>Reply to Objection 2:</b> Servile fear which charity casts out, is opposed to charity by reason of its servility, because it regards the punishment. + But the sorrow of contrition results from charity, as stated above ( + <a id="XP_Q4_A1-p11.1" shape="rect" href="summa.XP_Q3_A2.html">Q[3], A[2]</a>): wherefore the comparison fails. + </p> + <p id="XP_Q4_A1-p12"> + <b>Reply to Objection 3:</b> Although, by penance, the sinner returns to his former state of grace and immunity from the debt of punishment, yet he never + returns to his former dignity of innocence, and so something always remains from his past sin. + </p> + <p id="XP_Q4_A1-p13"> + <b>Reply to Objection 4:</b> Just as a man ought not to do evil that good may come of it, so he ought not to rejoice in evil, for the reason that good + may perchance come from it through the agency of Divine grace or providence, because his sins did not cause but hindered those + goods; rather was it Divine providence that was their cause, and in this man should rejoice, whereas he should grieve for + his sins. + </p> + <p id="XP_Q4_A1-p14"> + <b>Reply to Objection 5:</b> Satisfaction depends on the punishment appointed, which should be enjoined for sins; hence it can come to an end, so that + there be no further need of satisfaction. But that punishment is proportionate to sin chiefly on the part of its adherence + to a creature whence it derives its finiteness. On the other hand, the sorrow of contrition corresponds to sin on the part + of the aversion, whence it derives a certain infinity; wherefore contrition ought to + continue always; nor is it unreasonable if that which precedes remains, when that which follows is taken away. + </p> + <p id="XP_Q4_A1-p15"></p> + <p id="XP_Q4_A1-p16"></p> + <a href="summa.XP_Q4.html"></a> + <a href="summa.XP_Q4_A2.html"></a> + </div> + <div id="XP_Q4_A2" class="div4"> + <a href="summa.XP_Q4_A1.html"></a> + <a href="summa.XP_Q4_A3.html"></a> + <h4 id="XP_Q4_A2-p0.1">Whether it is expedient to grieve for sin continually?</h4> + <p id="XP_Q4_A2-p1"></p> + <p id="XP_Q4_A2-p2"> + <b>Objection 1:</b> It would seem that it is not expedient to grieve for sin continually. For it is sometimes expedient to rejoice, as is evident + from + <a class="scripRef" id="XP_Q4_A2-p2.1" href="./asv.html#Phil.4.4" target="asv"> Phil. 4:4, </a> where the gloss on the words, "Rejoice in the Lord always," says that "it is necessary to rejoice." Now it is not possible + to rejoice and grieve at the same time. Therefore it is not expedient to grieve for sin continually. + </p> + <p id="XP_Q4_A2-p3"> + <b>Objection 2:</b> Further, that which, in itself, is an evil and a thing to be avoided should not be taken upon oneself, except in so far as + it is necessary as a remedy against something, as in the case of burning or cutting a wound. Now sorrow is in itself an evil; + wherefore it is written ( + <a class="scripRef" id="XP_Q4_A2-p3.1" href="./asv.html#Sir.30.24" target="asv">Ecclus. 30:24</a>): "Drive away sadness far from thee," and the reason is given ( + <a class="scripRef" id="XP_Q4_A2-p3.2" href="./asv.html#Sir.30.25" target="asv">Ecclus. 30:25</a>): "For sadness hath killed many, and there is no profit + in it." Moreover the Philosopher says the same (Ethic. vii, 13,14; x, 5). Therefore one should not grieve for sin any longer + than suffices for the sin to be blotted out. Now sin is already blotted out after the first sorrow of contrition. Therefore + it is not expedient to grieve any longer. + </p> + <p id="XP_Q4_A2-p4"> + <b>Objection 3:</b> Further, Bernard says (Serm. xi in Cant.): "Sorrow is a good thing, if it is not continual; for honey should be mingled with + wormwood." Therefore it seems that it is inexpedient to grieve continually. + </p> + <p id="XP_Q4_A2-p5"> + <b>On the contrary,</b> Augustine [*De vera et falsa Poenitentia, work of an unknown author] says: "The penitent should always grieve, and rejoice + in his grief." + </p> + <p id="XP_Q4_A2-p6"> Further, it is expedient always to continue, as far as it is possible, those acts in which beatitude consists. Now such is + sorrow for sin, as is shown by the words of + <a class="scripRef" id="XP_Q4_A2-p6.1" href="./asv.html#Matt.5.5" target="asv"> Mat. 5:5, </a> "Blessed are they that mourn." Therefore it is expedient for sorrow to be as continual as possible. + </p> + <p id="XP_Q4_A2-p7"> + <b>I answer that,</b> We find this condition in the acts of the virtues, that in them excess and defect are not possible, as is proved in Ethic. + ii, 6,7. Wherefore, since contrition, so far as it is a kind of displeasure seated in the rational appetite, is an act of + the virtue of penance, there can never be excess in it, either as to its intensity, or as to its duration, except in so far + as the act of one virtue hinders the act of another which is more urgent for the time being. + Consequently the more continually a man can perform acts of this displeasure, the better it is, provided he exercises the + acts of other virtues when and how he ought to. On the other hand, passions can have excess and defect, both in intensity + and in duration. Wherefore, as the passion of sorrow, which the will takes upon itself, ought to be moderately intense, so + ought it to be of moderate duration, lest, if it should last too long, man fall into despair, cowardice, and such like vices. + </p> + <p id="XP_Q4_A2-p8"> + <b>Reply to Objection 1:</b> The sorrow of contrition is a hindrance to worldly joy, but not to the joy which is about God, and which has sorrow itself + for object. + </p> + <p id="XP_Q4_A2-p9"> + <b>Reply to Objection 2:</b> The words of Ecclesiasticus refer to worldly joy: and the Philosopher is referring to sorrow as a passion, of which we should + make moderate use, according as the end, for which it is assumed, demands. + </p> + <p id="XP_Q4_A2-p10"> + <b>Reply to Objection 3:</b> Bernard is speaking of sorrow as a passion. + </p> + <p id="XP_Q4_A2-p11"></p> + <p id="XP_Q4_A2-p12"></p> + <a href="summa.XP_Q4_A1.html"></a> + <a href="summa.XP_Q4_A3.html"></a> + </div> + <div id="XP_Q4_A3" class="div4"> + <a href="summa.XP_Q4_A2.html"></a> + <a href="summa.XP_Q5.html"></a> + <h4 id="XP_Q4_A3-p0.1">Whether our souls are contrite for sins even after this life?</h4> + <p id="XP_Q4_A3-p1"></p> + <p id="XP_Q4_A3-p2"> + <b>Objection 1:</b> It would seem that our souls are contrite for sins even after this life. For the love of charity causes displeasure at sin. + Now, after this life, charity remains in some, both as to its act and as to its habit, since "charity never falleth away." + Therefore the displeasure at the sin committed, which is the essence of contrition, remains. + </p> + <p id="XP_Q4_A3-p3"> + <b>Objection 2:</b> Further, we should grieve more for sin than for punishment. But the souls in purgatory grieve for their sensible punishment + and for the delay of glory. Much more, therefore, do they grieve for the sins they committed. + </p> + <p id="XP_Q4_A3-p4"> + <b>Objection 3:</b> Further, the pain of purgatory satisfies for sin. But satisfaction derives its efficacy from the power of contrition. Therefore + contrition remains after this life. + </p> + <p id="XP_Q4_A3-p5"> + <b>On the contrary,</b> contrition is a part of the sacrament of Penance. But the sacraments do not endure after this life. Neither, therefore, does + contrition. + </p> + <p id="XP_Q4_A3-p6"> Further, contrition can be so great as to blot out both guilt and punishment. If therefore the souls in purgatory could have + contrition, it would be possible for their debt of punishment to be remitted through the power of their contrition, so that + they would be delivered from their sensible pain, which is false. + </p> + <p id="XP_Q4_A3-p7"> + <b>I answer that,</b> Three things are to be observed in contrition: first, its genus, viz. sorrow; secondly, its form, for it is an act of virtue + quickened by charity; thirdly, its efficacy, for it is a meritorious and sacramental act, and, to a certain extent, satisfactory. + Accordingly, after this life, those souls which dwell in the heavenly country, cannot have contrition, because they are void + of sorrow by reason of the fulness of their joy: those which are in hell, have no + contrition, for although they have sorrow, they lack the grace which quickens sorrow; while those which are in purgatory have + a sorrow for their sins, that is quickened by grace; yet it is not meritorious, for they are not in the state of meriting. + In this life, however, all these three can be found. + </p> + <p id="XP_Q4_A3-p8"> + <b>Reply to Objection 1:</b> Charity does not cause this sorrow, save in those who are capable of it; but the fulness of joy in the Blessed excludes all + capability of sorrow from them: wherefore, though they have charity, they have no contrition. + </p> + <p id="XP_Q4_A3-p9"> + <b>Reply to Objection 2:</b> The souls in purgatory grieve for their sins; but their sorrow is not contrition, because it lacks the efficacy of contrition. + </p> + <p id="XP_Q4_A3-p10"> + <b>Reply to Objection 3:</b> The pain which the souls suffer in purgatory, cannot, properly speaking, be called satisfaction, because satisfaction demands + a meritorious work; yet, in a broad sense, the payment of the punishment due may be called satisfaction. + </p> + <p id="XP_Q4_A3-p11"></p> + <p id="XP_Q4_A3-p12"></p> + <a href="summa.XP_Q4_A2.html"></a> + <a href="summa.XP_Q5.html"></a> + </div> + <a href="summa.XP_Q3_A3.html"></a> + <a href="summa.XP_Q4_A1.html"></a> + </div> + <div id="XP_Q5" class="div3"> + <a href="summa.XP_Q4_A3.html"></a> + <a href="summa.XP_Q5_A1.html"></a> + <h3 id="XP_Q5-p0.1">OF THE EFFECT OF CONTRITION (THREE ARTICLES)</h3> + <p id="XP_Q5-p1"></p> + <p id="XP_Q5-p2"> We must now consider the effect of contrition: under which head there are three points of inquiry:</p> + <p id="XP_Q5-p3"> (1) Whether the remission of sin is the effect of contrition?</p> + <p id="XP_Q5-p4"> (2) Whether contrition can take away the debt of punishment entirely?</p> + <p id="XP_Q5-p5"> (3) Whether slight contrition suffices to blot out great sins?</p> + <div id="XP_Q5_A1" class="div4"> + <a href="summa.XP_Q5.html"></a> + <a href="summa.XP_Q5_A2.html"></a> + <h4 id="XP_Q5_A1-p0.1">Whether the forgiveness of sin is the effect of contrition?</h4> + <p id="XP_Q5_A1-p1"></p> + <p id="XP_Q5_A1-p2"> + <b>Objection 1:</b> It would seem that the forgiveness of sin is not the effect of contrition. For God alone forgives sins. But we are somewhat + the cause of contrition, since it is an act of our own. Therefore contrition is not the cause of forgiveness. + </p> + <p id="XP_Q5_A1-p3"> + <b>Objection 2:</b> Further, contrition is an act of virtue. Now virtue follows the forgiveness of sin: because virtue and sin are not together + in the soul. Therefore contrition is not the cause of the forgiveness of sin. + </p> + <p id="XP_Q5_A1-p4"> + <b>Objection 3:</b> Further, nothing but sin is an obstacle to receiving the Eucharist. But the contrite should not go to Communion before going + to confession. Therefore they have not yet received the forgiveness of their sins. + </p> + <p id="XP_Q5_A1-p5"> + <b>On the contrary,</b> a gloss on + <a class="scripRef" id="XP_Q5_A1-p5.1" href="./asv.html#Ps.50.19" target="asv"> Ps. 50:19, </a> "A sacrifice to God is an afflicted spirit," says: "A hearty contrition is the sacrifice by which sins are loosed." + </p> + <p id="XP_Q5_A1-p6"> Further, virtue and vice are engendered and corrupted by the same causes, as stated in Ethic. ii, 1,2. Now sin is committed + through the heart's inordinate love. Therefore it is destroyed by sorrow caused by the heart's ordinate love; and consequently + contrition blots out sin. + </p> + <p id="XP_Q5_A1-p7"> + <b>I answer that,</b> Contrition can be considered in two ways, either as part of a sacrament, or as an act of virtue, and in either case it is + the cause of the forgiveness of sin, but not in the same way. Because, as part of a sacrament, it operates primarily as an + instrument for the forgiveness of sin, as is evident with regard to the other sacraments (cf. Sent. iv, D, 1, Q[1], A[4]: + + <a id="XP_Q5_A1-p7.1" shape="rect" href="summa.TP_Q62_A1.html">TP, Q[62], A[1]</a>); while, as an act of virtue, it is the quasi-material + cause of sin's forgiveness. For a disposition is, as it were, a necessary condition for justification, and a disposition is + reduced to a material cause, if it be taken to denote that which disposes matter to receive something. It is otherwise in + the case of an agent's disposition to act, because this is reduced to the genus of efficient cause. + </p> + <p id="XP_Q5_A1-p8"> + <b>Reply to Objection 1:</b> God alone is the principal efficient cause of the forgiveness of sin: but the dispositive cause can be from us also, and + likewise the sacramental cause, since the sacramental forms are words uttered by us, having an instrumental power of conferring + grace whereby sins are forgiven. + </p> + <p id="XP_Q5_A1-p9"> + <b>Reply to Objection 2:</b> The forgiveness of sin precedes virtue and the infusion of grace, in one way, and, in another, follows: and in so far as + it follows, the act elicited by the virtue can be a cause of the forgiveness of sin. + </p> + <p id="XP_Q5_A1-p10"> + <b>Reply to Objection 3:</b> The dispensation of the Eucharist belongs to the ministers of the Church: wherefore a man should not go to Communion until + his sin has been forgiven through the ministers of the Church, although his sin may be forgiven him before God. + </p> + <p id="XP_Q5_A1-p11"></p> + <p id="XP_Q5_A1-p12"></p> + <a href="summa.XP_Q5.html"></a> + <a href="summa.XP_Q5_A2.html"></a> + </div> + <div id="XP_Q5_A2" class="div4"> + <a href="summa.XP_Q5_A1.html"></a> + <a href="summa.XP_Q5_A3.html"></a> + <h4 id="XP_Q5_A2-p0.1">Whether contrition can take away the debt of punishment entirely?</h4> + <p id="XP_Q5_A2-p1"></p> + <p id="XP_Q5_A2-p2"> + <b>Objection 1:</b> It would seem that contrition cannot take away the debt of punishment entirely. For satisfaction and confession are ordained + for man's deliverance from the debt of punishment. Now no man is so perfectly contrite as not to be bound to confession and + satisfaction. Therefore contrition is never so great as to blot out the entire debt of punishment. + </p> + <p id="XP_Q5_A2-p3"> + <b>Objection 2:</b> Further, in Penance the punishment should in some way compensate for the sin. Now some sins are accomplished by members of + the body. Therefore, since it is for the due compensation for sin that "by what things a man sinneth, by the same also he + is tormented" ( + <a class="scripRef" id="XP_Q5_A2-p3.1" href="./asv.html#Wis.11.17" target="asv">Wis. 11:17</a>), it seems that the punishment for suchlike sins can never be remitted by contrition. + </p> + <p id="XP_Q5_A2-p4"> + <b>Objection 3:</b> Further, the sorrow of contrition is finite. Now an infinite punishment is due for some, viz. mortal, sins. Therefore contrition + can never be so great as to remit the whole punishment. + </p> + <p id="XP_Q5_A2-p5"> + <b>On the contrary,</b> The affections of the heart are more acceptable to God than external acts. Now man is absolved from both punishment and guilt + by means of external actions; and therefore he is also by means of the heart's affections, such as contrition is. + </p> + <p id="XP_Q5_A2-p6"> Further, we have an example of this in the thief, to whom it was said ( + <a class="scripRef" id="XP_Q5_A2-p6.1" href="./asv.html#Luke.23.43" target="asv">Lk. 23:43</a>): "This day shalt thou be with Me in paradise," on account of his one act of repentance. + </p> + <p id="XP_Q5_A2-p7"> As to whether the whole debt of punishment is always taken away by contrition, this question has already been considered + above (Sent. iv, D, 14, Q[2], AA[1],2; + <a id="XP_Q5_A2-p7.1" shape="rect" href="summa.TP_Q86_A4.html">TP, Q[86], A[4]</a>), where the same question was raised with regard to Penance. + </p> + <p id="XP_Q5_A2-p8"> + <b>I answer that,</b> The intensity of contrition may be regarded in two ways. First, on the part of charity, which causes the displeasure, and + in this way it may happen that the act of charity is so intense that the contrition resulting therefrom merits not only the + removal of guilt, but also the remission of all punishment. Secondly, on the part of the sensible sorrow, which the will excites + in contrition: and since this sorrow is also a kind of punishment, it may be so intense + as to suffice for the remission of both guilt and punishment. + </p> + <p id="XP_Q5_A2-p9"> + <b>Reply to Objection 1:</b> A man cannot be sure that his contrition suffices for the remission of both punishment and guilt: wherefore he is bound to + confess and to make satisfaction, especially since his contrition would not be true contrition, unless he had the purpose + of confessing united thereto: which purpose must also be carried into effect, on account of the precept given concerning confession. + </p> + <p id="XP_Q5_A2-p10"> + <b>Reply to Objection 2:</b> Just as inward joy redounds into the outward parts of the body, so does interior sorrow show itself in the exterior members: + wherefore it is written ( + <a class="scripRef" id="XP_Q5_A2-p10.1" href="./asv.html#Prov.17.22" target="asv">Prov. 17:22</a>): "A sorrowful spirit drieth up the bones." + </p> + <p id="XP_Q5_A2-p11"> + <b>Reply to Objection 3:</b> Although the sorrow of contrition is finite in its intensity, even as the punishment due for mortal sin is finite; yet it + derives infinite power from charity, whereby it is quickened, and so it avails for the remission of both guilt and punishment. + </p> + <p id="XP_Q5_A2-p12"></p> + <p id="XP_Q5_A2-p13"></p> + <a href="summa.XP_Q5_A1.html"></a> + <a href="summa.XP_Q5_A3.html"></a> + </div> + <div id="XP_Q5_A3" class="div4"> + <a href="summa.XP_Q5_A2.html"></a> + <a href="summa.XP_Q6.html"></a> + <h4 id="XP_Q5_A3-p0.1">Whether slight contrition suffices to blot out great sins?</h4> + <p id="XP_Q5_A3-p1"></p> + <p id="XP_Q5_A3-p2"> + <b>Objection 1:</b> It would seem that slight contrition does not suffice to blot out great sins. For contrition is the remedy for sin. Now a + bodily remedy, that heals a lesser bodily infirmity, does not suffice to heal a greater. Therefore the least contrition does + not suffice to blot out very great sins. + </p> + <p id="XP_Q5_A3-p3"> + <b>Objection 2:</b> Further, it was stated above ( + <a id="XP_Q5_A3-p3.1" shape="rect" href="summa.XP_Q3_A3.html">Q[3], A[3]</a>) that for greater sins one ought to have greater contrition. Now contrition does not blot out sin, unless it fulfills the + requisite conditions. Therefore the least contrition does not blot out all sins. + </p> + <p id="XP_Q5_A3-p4"> + <b>On the contrary,</b> Every sanctifying grace blots out every mortal sin, because it is incompatible therewith. Now every contrition is quickened + by sanctifying grace. Therefore, however slight it be, it blots out all sins. + </p> + <p id="XP_Q5_A3-p5"> + <b>I answer that,</b> As we have often said ( + <a id="XP_Q5_A3-p5.1" shape="rect" href="summa.XP_Q1_A2.html">Q[1], A[2]</a>, ad 1; + <a id="XP_Q5_A3-p5.2" shape="rect" href="summa.XP_Q3_A1.html"> Q[3], A[1]</a>; + <a id="XP_Q5_A3-p5.3" shape="rect" href="summa.XP_Q4_A1.html"> Q[4] , A[1]</a>), contrition includes a twofold sorrow. One is in the reason, and is displeasure at the sin committed. This can be so slight + as not to suffice for real contrition, e.g. if a sin were less displeasing to a man, than separation from his last end ought + to be; just as love can be so slack as not to suffice for real charity. The + other sorrow is in the senses, and the slightness of this is no hindrance to real contrition, because it does not, of itself, + belong essentially to contrition, but is connected with it accidentally: nor again is it under our control. Accordingly we + must say that sorrow, however slight it be, provided it suffice for true contrition, blots out all sin. + </p> + <p id="XP_Q5_A3-p6"> + <b>Reply to Objection 1:</b> Spiritual remedies derive infinite efficacy from the infinite power which operates in them: wherefore the remedy which suffices + for healing a slight sin, suffices also to heal a great sin. This is seen in Baptism which looses great and small: and the + same applies to contrition provided it fulfill the necessary conditions. + </p> + <p id="XP_Q5_A3-p7"> + <b>Reply to Objection 2:</b> It follows of necessity that a man grieves more for a greater sin than for a lesser, according as it is more repugnant to + the love which causes his sorrow. But if one has the same degree of sorrow for a greater sin, as another has for a lesser, + this would suffice for the remission of the sin. + </p> + <p id="XP_Q5_A3-p8"></p> + <p id="XP_Q5_A3-p9"></p> + <a href="summa.XP_Q5_A2.html"></a> + <a href="summa.XP_Q6.html"></a> + </div> + <a href="summa.XP_Q4_A3.html"></a> + <a href="summa.XP_Q5_A1.html"></a> + </div> + <div id="XP_Q6" class="div3"> + <a href="summa.XP_Q5_A3.html"></a> + <a href="summa.XP_Q6_A1.html"></a> + <h3 id="XP_Q6-p0.1">OF CONFESSION, AS REGARDS ITS NECESSITY (SIX ARTICLES)</h3> + <p id="XP_Q6-p1"></p> + <p id="XP_Q6-p2"> We must now consider confession, about which there are six points for our consideration: (1) The necessity of confession; + (2) Its nature; (3) Its minister; (4) Its quality; (5) Its effect; (6) The seal of confession. + </p> + <p id="XP_Q6-p3"> Under the first head there are six points of inquiry:</p> + <p id="XP_Q6-p4"> (1) Whether confession is necessary for salvation?</p> + <p id="XP_Q6-p5"> (2) Whether confession is according to the natural law?</p> + <p id="XP_Q6-p6"> (3) Whether all are bound to confession?</p> + <p id="XP_Q6-p7"> (4) Whether it is lawful to confess a sin of which one is not guilty?</p> + <p id="XP_Q6-p8"> (5) Whether one is bound to confess at once?</p> + <p id="XP_Q6-p9"> (6) Whether one can be dispensed from confessing to another man?</p> + <div id="XP_Q6_A1" class="div4"> + <a href="summa.XP_Q6.html"></a> + <a href="summa.XP_Q6_A2.html"></a> + <h4 id="XP_Q6_A1-p0.1">Whether confession is necessary for salvation?</h4> + <p id="XP_Q6_A1-p1"></p> + <p id="XP_Q6_A1-p2"> + <b>Objection 1:</b> It would seem that confession is not necessary for salvation. For the sacrament of Penance is ordained for the sake of the + remission of sin. But sin is sufficiently remitted by the infusion of grace. Therefore confession is not necessary in order + to do penance for one's sins. + </p> + <p id="XP_Q6_A1-p3"> + <b>Objection 2:</b> Further, we read of some being forgiven their sins without confession, e.g. Peter, Magdalen and Paul. But the grace that + remits sins is not less efficacious now than it was then. Therefore neither is it necessary for salvation now that man should + confess. + </p> + <p id="XP_Q6_A1-p4"> + <b>Objection 3:</b> Further, a sin which is contracted from another, should receive its remedy from another. Therefore actual sin, which a man + has committed through his own act, must take its remedy from the man himself. Now Penance is ordained against such sins. Therefore + confession is not necessary for salvation. + </p> + <p id="XP_Q6_A1-p5"> + <b>Objection 4:</b> Further, confession is necessary for a judicial sentence, in order that punishment may be inflicted in proportion to the + offense. Now a man is able to inflict on himself a greater punishment than even that which might be inflicted on him by another. + Therefore it seems that confession is not necessary for salvation. + </p> + <p id="XP_Q6_A1-p6"> + <b>On the contrary,</b> Boethius says (De Consol. i): "If you want the physician to be of assistance to you, you must make your disease known to + him." But it is necessary for salvation that man should take medicine for his sins. Therefore it is necessary for salvation + that man should make his disease known by means of confession. + </p> + <p id="XP_Q6_A1-p7"> Further, in a civil court the judge is distinct from the accused. Therefore the sinner who is the accused ought not to be + his own judge, but should be judged by another and consequently ought to confess to him. + </p> + <p id="XP_Q6_A1-p8"> + <b>I answer that,</b> Christ's Passion, without whose power, neither original nor actual sin is remitted, produces its effect in us through the + reception of the sacraments which derive their efficacy from it. Wherefore for the remission of both actual and original sin, + a sacrament of the Church is necessary, received either actually, or at least in desire, when a man fails to receive the sacrament + actually, through an unavoidable obstacle, and not through contempt. Consequently + those sacraments which are ordained as remedies for sin which is incompatible with salvation, are necessary for salvation: + and so just as Baptism, whereby original sin is blotted out, is necessary for salvation, so also is the sacrament of Penance. + And just as a man through asking to be baptized, submits to the ministers of the Church, to whom the dispensation of that + sacrament belongs, even so, by confessing his sin, a man submits to a minister of the Church, that, through the sacrament + of + Penance dispensed by him, he may receive the pardon of his sins: nor can the minister apply a fitting remedy, unless he be + acquainted with the sin, which knowledge he acquires through the penitent's confession. Wherefore confession is necessary + for the salvation of a man who has fallen into a mortal actual sin. + </p> + <p id="XP_Q6_A1-p9"> + <b>Reply to Objection 1:</b> The infusion of grace suffices for the remission of sin; but after the sin has been forgiven, the sinner still owes a debt + of temporal punishment. Moreover, the sacraments of grace are ordained in order that man may receive the infusion of grace, + and before he receives them, either actually or in his intention, he does not receive grace. This is evident in the case of + Baptism, and applies to Penance likewise. Again, the penitent expiates his temporal + punishment by undergoing the shame of confession, by the power of the keys to which he submits, and by the enjoined satisfaction + which the priest moderates according to the kind of sins made known to him in confession. Nevertheless the fact that confession + is necessary for salvation is not due to its conducing to the satisfaction for sins, because this punishment to which one + remains bound after the remission of sin, is temporal, wherefore the way of salvation remains open, without such + punishment being expiated in this life: but it is due to its conducing to the remission of sin, as explained above. + </p> + <p id="XP_Q6_A1-p10"> + <b>Reply to Objection 2:</b> Although we do not read that they confessed, it may be that they did; for many things were done which were not recorded in + writing. Moreover Christ has the power of excellence in the sacraments; so that He could bestow the reality of the sacrament + without using the things which belong to the sacrament. + </p> + <p id="XP_Q6_A1-p11"> + <b>Reply to Objection 3:</b> The sin that is contracted from another, viz. original sin, can be remedied by an entirely extrinsic cause, as in the case + of infants: whereas actual sin, which a man commits of himself, cannot be expiated, without some operation on the part of + the sinner. Nevertheless man is not sufficient to expiate his sin by himself, though he was sufficient to sin by himself, + because sin is finite on the part of the thing to which it turns, in which respect the + sinner returns to self; while, on the part of the aversion, sin derives infinity, in which respect the remission of sin must + needs begin from someone else, because "that which is last in order of generation is first in the order of intention" (Ethic. + iii). Consequently actual sin also must needs take its remedy from another. + </p> + <p id="XP_Q6_A1-p12"> + <b>Reply to Objection 4:</b> Satisfaction would not suffice for the expiation of sin's punishment, by reason of the severity of the punishment which is + enjoined in satisfaction, but it does suffice as being a part of the sacrament having the sacramental power; wherefore it + ought to be imposed by the dispensers of the sacraments, and consequently confession is necessary. + </p> + <p id="XP_Q6_A1-p13"></p> + <p id="XP_Q6_A1-p14"></p> + <a href="summa.XP_Q6.html"></a> + <a href="summa.XP_Q6_A2.html"></a> + </div> + <div id="XP_Q6_A2" class="div4"> + <a href="summa.XP_Q6_A1.html"></a> + <a href="summa.XP_Q6_A3.html"></a> + <h4 id="XP_Q6_A2-p0.1">Whether confession is according to the natural law?</h4> + <p id="XP_Q6_A2-p1"></p> + <p id="XP_Q6_A2-p2"> + <b>Objection 1:</b> It would seem that confession is according to the natural law. For Adam and Cain were bound to none but the precepts of the + natural law, and yet they are reproached for not confessing their sin. Therefore confession of sin is according to the natural + law. + </p> + <p id="XP_Q6_A2-p3"> + <b>Objection 2:</b> Further, those precepts which are common to the Old and New Law are according to the natural law. But confession was prescribed + in the Old Law, as may be gathered from + <a class="scripRef" id="XP_Q6_A2-p3.1" href="./asv.html#Isa.43.26" target="asv"> Is. 43:26</a>: "Tell, if thou hast anything to justify thyself." Therefore it is according to the natural law. + </p> + <p id="XP_Q6_A2-p4"> + <b>Objection 3:</b> Further, Job was subject only to the natural law. But he confessed his sins, as appears from his words ( + <a class="scripRef" id="XP_Q6_A2-p4.1" href="./asv.html#Job.31.33" target="asv">Job 31:33</a>) "If, as a man, I have hid my sin." Therefore confession is according to the natural law. + </p> + <p id="XP_Q6_A2-p5"> + <b>On the contrary,</b> Isidore says (Etym. v.) that the natural law is the same in all. But confession is not in all in the same way. Therefore + it is not according to the natural law. Further, confession is made to one who has the keys. But the keys of the Church are + not an institution of the natural law; neither, therefore, is confession. + </p> + <p id="XP_Q6_A2-p6"> + <b>I answer that,</b> The sacraments are professions of faith, wherefore they ought to be proportionate to faith. Now faith surpasses the knowledge + of natural reason, whose dictate is therefore surpassed by the sacraments. And since "the natural law is not begotten of opinion, + but a product of a certain innate power," as Tully states (De Inv. Rhet. ii), consequently the sacraments are not part of + the natural law, but of the Divine law which is above nature. This latter, however, + is sometimes called natural, in so far as whatever a thing derives from its Creator is natural to it, although, properly speaking, + those things are said to be natural which are caused by the principles of nature. But such things are above nature as God + reserves to Himself; and these are wrought either through the agency of nature, or in the working of miracles, or in the revelation + of mysteries, or in the institution of the sacraments. Hence confession, which is of sacramental necessity, is + according to Divine, but not according to natural law. + </p> + <p id="XP_Q6_A2-p7"> + <b>Reply to Objection 1:</b> Adam is reproached for not confessing his sin before God: because the confession which is made to God by the acknowledgment + of one's sin, is according to the natural law. whereas here we are speaking of confession made to a man. We may also reply + that in such a case confession of one's sin is according to the natural law, namely when one is called upon by the judge to + confess in a court of law, for then the sinner should not lie by excusing or denying + his sin, as Adam and Cain are blamed for doing. But confession made voluntarily to a man in order to receive from God the + forgiveness of one's sins, is not according to the natural law. + </p> + <p id="XP_Q6_A2-p8"> + <b>Reply to Objection 2:</b> The precepts of the natural law avail in the same way in the law of Moses and in the New Law. But although there was a kind + of confession in the law of Moses, yet it was not after the same manner as in the New Law, nor as in the law of nature; for + in the law of nature it was sufficient to acknowledge one's sin inwardly before God; while in the law of Moses it was necessary + for a man to declare his sin by some external sign, as by making a + sin-offering, whereby the fact of his having sinned became known to another man; but it was not necessary for him to make + known what particular sin he had committed, or what were its circumstances, as in the New Law. + </p> + <p id="XP_Q6_A2-p9"> + <b>Reply to Objection 3:</b> Job is speaking of the man who hides his sin by denying it or excusing himself when he is accused thereof, as we may gather + from a gloss [*Cf. Gregory, Moral. xxii, 9] on the passage. + </p> + <p id="XP_Q6_A2-p10"></p> + <p id="XP_Q6_A2-p11"></p> + <a href="summa.XP_Q6_A1.html"></a> + <a href="summa.XP_Q6_A3.html"></a> + </div> + <div id="XP_Q6_A3" class="div4"> + <a href="summa.XP_Q6_A2.html"></a> + <a href="summa.XP_Q6_A4.html"></a> + <h4 id="XP_Q6_A3-p0.1">Whether all are bound to confession?</h4> + <p id="XP_Q6_A3-p1"></p> + <p id="XP_Q6_A3-p2"> + <b>Objection 1:</b> It would seem that not all are bound to confession, for Jerome says on + <a class="scripRef" id="XP_Q6_A3-p2.1" href="./asv.html#Isa.3.9" target="asv"> Is. 3:9 </a>("They have proclaimed abroad"), "their sin," etc.: "Penance is the second plank after shipwreck." But some have not suffered + shipwreck after Baptism. Therefore Penance is not befitting them, and consequently neither is confession which is a part of + Penance. + </p> + <p id="XP_Q6_A3-p3"> + <b>Objection 2:</b> Further, it is to the judge that confession should be made in any court. But some have no judge over them. Therefore they + are not bound to confession. + </p> + <p id="XP_Q6_A3-p4"> + <b>Objection 3:</b> Further, some have none but venial sins. Now a man is not bound to confess such sins. Therefore not everyone is bound to + confession. + </p> + <p id="XP_Q6_A3-p5"> + <b>On the contrary,</b> Confession is condivided with satisfaction and contrition. Now all are bound to contrition and satisfaction. Therefore all + are bound to confession also. + </p> + <p id="XP_Q6_A3-p6"> Further, this appears from the Decretals (De Poenit. et Remiss. xii), where it is stated that "all of either sex are bound + to confess their sins as soon as they shall come to the age of discretion." + </p> + <p id="XP_Q6_A3-p7"> + <b>I answer that,</b> We are bound to confession on two counts: first, by the Divine law, from the very fact that confession is a remedy, and in + this way not all are bound to confession, but those only who fall into mortal sin after Baptism; secondly, by a precept of + positive law, and in this way all are bound by the precept of the Church laid down in the general council (Lateran iv, Can. + 21) under Innocent III, both in order that everyone may acknowledge himself to be a sinner, + because "all have sinned and need the grace of God" ( + <a class="scripRef" id="XP_Q6_A3-p7.1" href="./asv.html#Rom.3.23" target="asv">Rom. 3:23</a>); and that the Eucharist may be approached with greater reverence; and lastly, that parish priests may know their flock, + lest a wolf may hide therein. + </p> + <p id="XP_Q6_A3-p8"> + <b>Reply to Objection 1:</b> Although it is possible for a man, in this mortal life, to avoid shipwreck, i.e. mortal sin, after Baptism, yet he cannot + avoid venial sins, which dispose him to shipwreck, and against which also Penance is ordained; wherefore there is still room + for Penance, and consequently for confession, even in those who do not commit mortal sins. + </p> + <p id="XP_Q6_A3-p9"> + <b>Reply to Objection 2:</b> All must acknowledge Christ as their judge, to Whom they must confess in the person of His vicar; and although the latter + may be the inferior if the penitent be a prelate, yet he is the superior, in so far as the penitent is a sinner, while the + confessor is the minister of Christ. + </p> + <p id="XP_Q6_A3-p10"> + <b>Reply to Objection 3:</b> A man is bound to confess his venial sins, not in virtue of the sacrament, but by the institution of the Church, and that, + when he has no other sins to confess. We may also, with others, answer that the Decretal quoted above does not bind others + than those who have mortal sins to confess. This is evident from the fact that it orders all sins to be confessed, which cannot + apply to venial sins, because no one can confess all his venial sins. + Accordingly, a man who has no mortal sins to confess, is not bound to confess his venial sins, but it suffices for the fulfillment + of the commandment of the Church that he present himself before the priest, and declare himself to be unconscious of any mortal + sin: and this will count for his confession. + </p> + <p id="XP_Q6_A3-p11"></p> + <p id="XP_Q6_A3-p12"></p> + <a href="summa.XP_Q6_A2.html"></a> + <a href="summa.XP_Q6_A4.html"></a> + </div> + <div id="XP_Q6_A4" class="div4"> + <a href="summa.XP_Q6_A3.html"></a> + <a href="summa.XP_Q6_A5.html"></a> + <h4 id="XP_Q6_A4-p0.1">Whether it is lawful for a man to confess a sin which he has not committed?</h4> + <p id="XP_Q6_A4-p1"></p> + <p id="XP_Q6_A4-p2"> + <b>Objection 1:</b> It would seem that it is lawful for a man to confess a sin which he has not committed. For, as Gregory says (Regist. xii), + "it is the mark of a good conscience to acknowledge a fault where there is none." Therefore it is the mark of a good conscience + to accuse oneself of those sins which one has not committed. + </p> + <p id="XP_Q6_A4-p3"> + <b>Objection 2:</b> Further, by humility a man deems himself worse than another, who is known to be a sinner, and in this he is to be praised. + But it is lawful for a man to confess himself to be what he thinks he is. Therefore it is lawful to confess having committed + a more grievous sin than one has. + </p> + <p id="XP_Q6_A4-p4"> + <b>Objection 3:</b> Further, sometimes one doubts about a sin, whether it be mortal or venial, in which case, seemingly, one ought to confess + it as mortal. Therefore a person must sometimes confess a sin which he has not committed. + </p> + <p id="XP_Q6_A4-p5"> + <b>Objection 4:</b> Further, satisfaction originates from confession. But a man can do satisfaction for a sin which he has not committed. Therefore + he can also confess a sin which he has not done. + </p> + <p id="XP_Q6_A4-p6"> + <b>On the contrary,</b> Whosoever says he has done what he did not, tells an untruth. But no one ought to tell an untruth in confession, since every + untruth is a sin. Therefore no one should confess a sin which he has not committed. + </p> + <p id="XP_Q6_A4-p7"> Further, in the public court of justice, no one should be accused of a crime which cannot be proved by means of proper witnesses. + Now the witness, in the tribunal of Penance, is the conscience. Therefore a man ought not to accuse himself of a sin which + is not on his conscience. + </p> + <p id="XP_Q6_A4-p8"> + <b>I answer that,</b> The penitent should, by his confession, make his state known to his confessor. Now he who tells the priest something other + than what he has on his conscience, whether it be good or evil, does not make his state known to the priest, but hides it; + wherefore his confession is unavailing: and in order for it to be effective his words must agree with his thoughts, so that + his words accuse him only of what is on his conscience. + </p> + <p id="XP_Q6_A4-p9"> + <b>Reply to Objection 1:</b> To acknowledge a fault where there is none, may be understood in two ways: first, as referring to the substance of the act, + and then it is untrue; for it is a mark, not of a good, but of an erroneous conscience, to acknowledge having done what one + has not done. Secondly, as referring to the circumstances of the act, and thus the saying of Gregory is true, because a just + man fears lest, in any act which is good in itself, there should be any defect on + his part. thus it is written ( + <a class="scripRef" id="XP_Q6_A4-p9.1" href="./asv.html#Job.9.28" target="asv">Job 9:28</a>): "I feared all my works." Wherefore it is also the mark of a good conscience that a man should accuse himself in words of + this fear which he holds in his thoughts. + </p> + <p id="XP_Q6_A4-p10"> From this may be gathered the Reply to the Second Objection, since a just man, who is truly humble, deems himself worse not + as though he had committed an act generically worse, but because he fears lest in those things which he seems to do well, + he may by pride sin more grievously. + </p> + <p id="XP_Q6_A4-p11"> + <b>Reply to Objection 3:</b> When a man doubts whether a certain sin be mortal, he is bound to confess it, so long as he remains in doubt, because he + sins mortally by committing or omitting anything, while doubting of its being a mortal sin, and thus leaving the matter to + chance; and, moreover, he courts danger, if he neglect to confess that which he doubts may be a mortal sin. He should not, + however, affirm that it was a mortal sin, but speak doubtfully, leaving the verdict to + the priest, whose business it is to discern between what is leprosy and what is not. + </p> + <p id="XP_Q6_A4-p12"> + <b>Reply to Objection 4:</b> A man does not commit a falsehood by making satisfaction for a sin which he did not commit, as when anyone confesses a sin + which he thinks he has not committed. And if he mentions a sin that he has not committed, believing that he has, he does not + lie; wherefore he does not sin, provided his confession thereof tally with his conscience. + </p> + <p id="XP_Q6_A4-p13"></p> + <p id="XP_Q6_A4-p14"></p> + <a href="summa.XP_Q6_A3.html"></a> + <a href="summa.XP_Q6_A5.html"></a> + </div> + <div id="XP_Q6_A5" class="div4"> + <a href="summa.XP_Q6_A4.html"></a> + <a href="summa.XP_Q6_A6.html"></a> + <h4 id="XP_Q6_A5-p0.1">Whether one is bound to confess at once?</h4> + <p id="XP_Q6_A5-p1"></p> + <p id="XP_Q6_A5-p2"> + <b>Objection 1:</b> It would seem that one is bound to confess at once. For Hugh of St. Victor says (De Sacram. ii): "The contempt of confession + is inexcusable, unless there be an urgent reason for delay." But everyone is bound to avoid contempt. Therefore everyone is + bound to confess as soon as possible. + </p> + <p id="XP_Q6_A5-p3"> + <b>Objection 2:</b> Further, everyone is bound to do more to avoid spiritual disease than to avoid bodily disease. Now if a man who is sick in + body were to delay sending for the physician, it would be detrimental to his health. Therefore it seems that it must needs + be detrimental to a man's health if he omits to confess immediately to a priest if there be one at hand. + </p> + <p id="XP_Q6_A5-p4"> + <b>Objection 3:</b> Further, that which is due always, is due at once. But man owes confession to God always. Therefore he is bound to confess + at once. + </p> + <p id="XP_Q6_A5-p5"> + <b>On the contrary,</b> A fixed time both for confession and for receiving the Eucharist is determined by the Decretals (Cap. Omnis utriusque sexus: + De Poenit. et Remiss.). Now a man does not sin by failing to receive the Eucharist before the fixed time. Therefore he does + not sin if he does not confess before that time. + </p> + <p id="XP_Q6_A5-p6"> Further, it is a mortal sin to omit doing what a commandment bids us to do. If therefore a man is bound to confess at once, + and omits to do so, with a priest at hand, he would commit a mortal sin; and in like manner at any other time, and so on, + so that he would fall into many mortal sins for the delay in confessing one, which seems unreasonable. + </p> + <p id="XP_Q6_A5-p7"> + <b>I answer that,</b> As the purpose of confessing is united to contrition, a man is bound to have this purpose when he is bound to have contrition, + viz. when he calls his sins to mind, and chiefly when he is in danger of death, or when he is so circumstanced that unless + his sin be forgiven, he must fall into another sin: for instance, if a priest be bound to say Mass, and a confessor is at + hand, he is bound to confess or, if there be no confessor, he is bound at least to + contrition and to have the purpose of confessing. + </p> + <p id="XP_Q6_A5-p8"> But to actual confession a man is bound in two ways. First, accidentally, viz. when he is bound to do something which he + cannot do without committing a mortal sin, unless he go to confession first: for then he is bound to confess; for instance, + if he has to receive the Eucharist, to which no one can approach, after committing a mortal sin, without confessing first, + if a priest be at hand, and there be no urgent necessity. Hence it is that the Church obliges all to confess once a + year; because she commands all to receive Holy Communion once a year, viz. at Easter, wherefore all must go to confession + before that time. + </p> + <p id="XP_Q6_A5-p9"> Secondly, a man is bound absolutely to go to confession; and here the same reason applies to delay of confession as to delay + of Baptism, because both are necessary sacraments. Now a man is not bound to receive Baptism as soon as he makes up his mind + to be baptized; and so he would not sin mortally, if he were not baptized at once: nor is there any fixed time beyond which, + if he defer Baptism, he would incur a mortal sin. Nevertheless the delay of Baptism may amount to a mortal + sin, or it may not, and this depends on the cause of the delay, since, as the Philosopher says (Phys. viii, text. 15), the + will does not defer doing what it wills to do, except for a reasonable cause. Wherefore if the cause of the delay of Baptism + has a mortal sin connected with it, e.g. if a man put off being baptized through contempt, or some like motive, the delay + will be a mortal sin, but otherwise not: and the same seems to apply to confession which is not more necessary than Baptism. + Moreover, since man is bound to fulfill in this life those things that are necessary for salvation, therefore, if he be in + danger of death, he is bound, even absolutely, then and there to make his confession or to receive Baptism. For this reason + too, James proclaimed at the same time the commandment about making confession and that about receiving Extreme Unction ( + <a class="scripRef" id="XP_Q6_A5-p9.1" href="./asv.html#Jas.5.14" target="asv">James 5:14</a>, + <a class="scripRef" id="XP_Q6_A5-p9.2" href="./asv.html#Jas.5.16" target="asv">16</a>). Therefore the opinion seems probable of those who say that a man is not bound to confess at + once, though it is dangerous to delay. + </p> + <p id="XP_Q6_A5-p10"> Others, however, say that a contrite man is bound to confess at once, as soon as he has a reasonable and proper opportunity. + Nor does it matter that the Decretal fixes the time limit to an annual confession, because the Church does not favor delay, + but forbids the neglect involved in a further delay. Wherefore by this Decretal the man who delays is excused, not from sin + in the tribunal of conscience; but from punishment in the tribunal of the Church; so that such a person would + not be deprived of proper burial if he were to die before that time. But this seems too severe, because affirmative precepts + bind, not at once, but at a fixed time; and this, not because it is most convenient to fulfill them then (for in that case + if a man were not to give alms of his superfluous goods, whenever he met with a man in need, he would commit a mortal sin, + which is false), but because the time involves urgency. Consequently, if he does not confess at the very first opportunity, + it + does not follow that he commits a mortal sin, even though he does not await a better opportunity. unless it becomes urgent + for him to confess through being in danger of death. Nor is it on account of the Church's indulgence that he is not bound + to confess at once, but on account of the nature of an affirmative precept, so that before the commandment was made, there + was still less obligation. + </p> + <p id="XP_Q6_A5-p11"> Others again say that secular persons are not bound to confess before Lent, which is the time of penance for them; but that + religious are bound to confess at once, because, for them, all time is a time for penance. But this is not to the point; for + religious have no obligations besides those of other men, with the exception of such as they are bound to by vow. + </p> + <p id="XP_Q6_A5-p12"> + <b>Reply to Objection 1:</b> Hugh is speaking of those who die without this sacrament. + </p> + <p id="XP_Q6_A5-p13"> + <b>Reply to Objection 2:</b> It is not necessary for bodily health that the physician be sent for at once, except when there is necessity for being healed: + and the same applies to spiritual disease. + </p> + <p id="XP_Q6_A5-p14"> + <b>Reply to Objection 3:</b> The retaining of another's property against the owner's will is contrary to a negative precept, which binds always and for + always, and therefore one is always bound to make immediate restitution. It is not the same with the fulfillment of an affirmative + precept, which binds always, but not for always, wherefore one is not bound to fulfill it at once. + </p> + <p id="XP_Q6_A5-p15"></p> + <p id="XP_Q6_A5-p16"></p> + <a href="summa.XP_Q6_A4.html"></a> + <a href="summa.XP_Q6_A6.html"></a> + </div> + <div id="XP_Q6_A6" class="div4"> + <a href="summa.XP_Q6_A5.html"></a> + <a href="summa.XP_Q7.html"></a> + <h4 id="XP_Q6_A6-p0.1">Whether one can be dispensed from confession?</h4> + <p id="XP_Q6_A6-p1"></p> + <p id="XP_Q6_A6-p2"> + <b>Objection 1:</b> It would seem that one can be dispensed from confessing his sins to a man. For precepts of positive law are subject to dispensation + by the prelates of the Church. Now such is confession, as appears from what was said above + <a id="XP_Q6_A6-p2.1" shape="rect" href="summa.XP_Q6_A3.html">(A[3])</a>. Therefore one may be dispensed from confession. + </p> + <p id="XP_Q6_A6-p3"> + <b>Objection 2:</b> Further, a man can grant a dispensation in that which was instituted by a man. But we read of confession being instituted, + not by God, but by a man ( + <a class="scripRef" id="XP_Q6_A6-p3.1" href="./asv.html#Jas.5.16" target="asv">James 5:16</a>): "Confess your sins, one to another." Now the Pope has the power of dispensation in things instituted by the apostles, as + appears in the matter of bigamists. Therefore he can also dispense a man from confessing. + </p> + <p id="XP_Q6_A6-p4"> + <b>On the contrary,</b> Penance, whereof confession is a part, is a necessary sacrament, even as Baptism is. Since therefore no one can be dispensed + from Baptism, neither can one be dispensed from confession. + </p> + <p id="XP_Q6_A6-p5"> + <b>I answer that,</b> The ministers of the Church are appointed in the Church which is founded by God. Wherefore they need to be appointed by the + Church before exercising their ministry, just as the work of creation is presupposed to the work of nature. And since the + Church is founded on faith and the sacraments, the ministers of the Church have no power to publish new articles of faith, + or to do away with those which are already published, or to institute new sacraments, or to + abolish those that are instituted, for this belongs to the power of excellence, which belongs to Christ alone, Who is the + foundation of the Church. Consequently, the Pope can neither dispense a man so that he may be saved without Baptism, nor that + he be saved without confession, in so far as it is obligatory in virtue of the sacrament. He can, however, dispense from confession, + in so far as it is obligatory in virtue of the commandment of the Church; so that a man may delay confession longer + than the limit prescribed by the Church. + </p> + <p id="XP_Q6_A6-p6"> + <b>Reply to Objection 1:</b> The precepts of the Divine law do not bind less than those of the natural law: wherefore, just as no dispensation is possible + from the natural law, so neither can there be from positive Divine law. + </p> + <p id="XP_Q6_A6-p7"> + <b>Reply to Objection 2:</b> The precept about confession was not instituted by a man first of all, though it was promulgated by James: it was instituted + by God, and although we do not read it explicitly, yet it was somewhat foreshadowed in the fact that those who were being + prepared by John's Baptism for the grace of Christ, confessed their sins to him, and that the Lord sent the lepers to the + priests, and though they were not priests of the New Testament, yet the priesthood of + the New Testament was foreshadowed in them. + </p> + <p id="XP_Q6_A6-p8"></p> + <p id="XP_Q6_A6-p9"></p> + <a href="summa.XP_Q6_A5.html"></a> + <a href="summa.XP_Q7.html"></a> + </div> + <a href="summa.XP_Q5_A3.html"></a> + <a href="summa.XP_Q6_A1.html"></a> + </div> + <div id="XP_Q7" class="div3"> + <a href="summa.XP_Q6_A6.html"></a> + <a href="summa.XP_Q7_A1.html"></a> + <h3 id="XP_Q7-p0.1">OF THE NATURE OF CONFESSION (THREE ARTICLES)</h3> + <p id="XP_Q7-p1"></p> + <p id="XP_Q7-p2"> We must now consider the nature of confession, under which head there are three points of inquiry:</p> + <p id="XP_Q7-p3"> (1) Whether Augustine fittingly defines confession?</p> + <p id="XP_Q7-p4"> (2) Whether confession is an act of virtue?</p> + <p id="XP_Q7-p5"> (3) Whether confession is an act of the virtue of penance?</p> + <div id="XP_Q7_A1" class="div4"> + <a href="summa.XP_Q7.html"></a> + <a href="summa.XP_Q7_A2.html"></a> + <h4 id="XP_Q7_A1-p0.1">Whether Augustine fittingly defines confession?</h4> + <p id="XP_Q7_A1-p1"></p> + <p id="XP_Q7_A1-p2"> + <b>Objection 1:</b> It would seem that Augustine defines confession unfittingly, when he says (Super + <a class="scripRef" id="XP_Q7_A1-p2.1" href="./asv.html#Ps.21" target="asv">Ps. 21</a>) that confession "lays bare the hidden disease by the hope of pardon." For the disease against which confession is ordained, + is sin. Now sin is sometimes manifest. Therefore it should not be said that confession is the remedy for a "hidden" disease. + </p> + <p id="XP_Q7_A1-p3"> + <b>Objection 2:</b> Further, the beginning of penance is fear. But confession is a part of Penance. Therefore fear rather than "hope" should + be set down as the cause of confession. + </p> + <p id="XP_Q7_A1-p4"> + <b>Objection 3:</b> Further, that which is placed under a seal, is not laid bare, but closed up. But the sin which is confessed is placed under + the seal of confession. Therefore sin is not laid bare in confession, but closed up. + </p> + <p id="XP_Q7_A1-p5"> + <b>Objection 4:</b> Further, other definitions are to be found differing from the above. For Gregory says (Hom. xl in Evang.) that confession + is "the uncovering of sins, and the opening of the wound." Others say that "confession is a legal declaration of our sins + in the presence of a priest." Others define it thus: "Confession is the sinner's sacramental self-accusation through shame + for what he has done, which through the keys of the Church makes satisfaction for his sins, and + binds him to perform the penance imposed on him." Therefore it seems that the definition in question is insufficient, since + it does not include all that these include. + </p> + <p id="XP_Q7_A1-p6"> + <b>I answer that,</b> Several things offer themselves to our notice in the act of confession: first, the very substance or genus of the act, which + is a kind of manifestation; secondly, the matter manifested, viz. sin; thirdly, the person to whom the manifestation is made, + viz. the priest; fourthly, its cause, viz. hope of pardon; fifthly, its effect, viz. release from part of the punishment, + and the obligation to pay the other part. Accordingly the first definition, given by + Augustine, indicates the substance of the act, by saying that "it lays bare"---the matter of confession, by saying that it + is a "hidden disease"---its cause, which is "the hope of pardon"; while the other definitions include one or other of the + five things aforesaid, as may be seen by anyone who considers the matter. + </p> + <p id="XP_Q7_A1-p7"> + <b>Reply to Objection 1:</b> Although the priest, as a man, may sometimes have knowledge of the penitent's sin, yet he does not know it as a vicar of + Christ (even as a judge sometimes knows a thing, as a man, of which he is ignorant, as a judge), and in this respect it is + made known to him by confession. or we may reply that although the external act may be in the open, yet the internal act, + which is the cause of the external act, is hidden; so that it needs to be revealed by + confession. + </p> + <p id="XP_Q7_A1-p8"> + <b>Reply to Objection 2:</b> Confession presupposes charity, which gives us life, as stated in the text (Sent. iv, D, 17). Now it is in contrition that + charity is given; while servile fear, which is void of hope, is previous to charity: yet he that has charity is moved more + by hope than by fear. Hence hope rather than fear is set down as the cause of confession. + </p> + <p id="XP_Q7_A1-p9"> + <b>Reply to Objection 3:</b> In every confession sin is laid bare to the priest, and closed to others by the seal of confession. + </p> + <p id="XP_Q7_A1-p10"> + <b>Reply to Objection 4:</b> It is not necessary that every definition should include everything connected with the thing defined: and for this reason + we find some definitions or descriptions that indicate one cause, and some that indicate another. + </p> + <p id="XP_Q7_A1-p11"></p> + <p id="XP_Q7_A1-p12"></p> + <a href="summa.XP_Q7.html"></a> + <a href="summa.XP_Q7_A2.html"></a> + </div> + <div id="XP_Q7_A2" class="div4"> + <a href="summa.XP_Q7_A1.html"></a> + <a href="summa.XP_Q7_A3.html"></a> + <h4 id="XP_Q7_A2-p0.1">Whether confession is an act of virtue?</h4> + <p id="XP_Q7_A2-p1"></p> + <p id="XP_Q7_A2-p2"> + <b>Objection 1:</b> It would seem that confession is not an act of virtue. For every act of virtue belongs to the natural law, since "we are + naturally capable of virtue," as the Philosopher says (Ethic. ii, 1). But confession does not belong to the natural law. Therefore + it is not an act of virtue. + </p> + <p id="XP_Q7_A2-p3"> + <b>Objection 2:</b> Further, an act of virtue is more befitting one who is innocent than one who has sinned. But the confession of a sin, which + is the confession of which we are speaking now, cannot be befitting an innocent man. Therefore it is not an act of virtue. + </p> + <p id="XP_Q7_A2-p4"> + <b>Objection 3:</b> Further, the grace which is in the sacraments differs somewhat from the grace which is in the virtues and gifts. But confession + is part of a sacrament. Therefore it is not an act of virtue. + </p> + <p id="XP_Q7_A2-p5"> + <b>On the contrary,</b> The precepts of the law are about acts of virtue. But confession comes under a precept. Therefore it is an act of virtue. + </p> + <p id="XP_Q7_A2-p6"> Further, we do not merit except by acts of virtue. But confession is meritorious, for "it opens the gate of heaven," as the + Master says (Sent. iv, D, 17). Therefore it seems that it is an act of virtue. + </p> + <p id="XP_Q7_A2-p7"> + <b>I answer that,</b> As stated above ( + <a id="XP_Q7_A2-p7.1" shape="rect" href="summa.FS_Q18_A6.html">FS, Q[18], AA[6]</a>,7; + <a id="XP_Q7_A2-p7.2" shape="rect" href="summa.SS_Q80.html">SS, Q[80];</a> + <a id="XP_Q7_A2-p7.3" shape="rect" href="summa.SS_Q85_A3.html">SS, Q[85] , A[3]</a>; + <a id="XP_Q7_A2-p7.4" shape="rect" href="summa.SS_Q109_A3.html">SS, Q[109], A[3]</a>), for an act to belong to a virtue it suffices that it be of such a nature as to imply some condition belonging to virtue. + Now, although confession does not include everything that is required for virtue, yet its very name implies the manifestation + of that which a man has on his + conscience: for thus his lips and heart agree. For if a man professes with his lips what he does not hold in his heart, it + is not a confession but a fiction. Now to express in words what one has in one's thoughts is a condition of virtue; and, consequently, + confession is a good thing generically, and is an act of virtue: yet it can be done badly, if it be devoid of other due circumstances. + </p> + <p id="XP_Q7_A2-p8"> + <b>Reply to Objection 1:</b> Natural reason, in a general way, inclines a man to make confession in the proper way, to confess as he ought, what he ought, + and when he ought, and in this way confession belongs to the natural law. But it belongs to the Divine law to determine the + circumstances, when, how, what, and to whom, with regard to the confession of which we are speaking now. Accordingly it is + evident that the natural law inclines a man to confession, by means of the Divine + law, which determines the circumstances, as is the case with all matters belonging to the positive law. + </p> + <p id="XP_Q7_A2-p9"> + <b>Reply to Objection 2:</b> Although an innocent man may have the habit of the virtue whose object is a sin already committed, he has not the act, so + long as he remains innocent. Wherefore the confession of sins, of which confession we are speaking now, is not befitting an + innocent man, though it is an act of virtue. + </p> + <p id="XP_Q7_A2-p10"> + <b>Reply to Objection 3:</b> Though the grace of the sacraments differs from the grace of the virtues, they are not contrary but disparate; hence there + is nothing to prevent that which is an act of virtue, in so far as it proceeds from the free-will quickened by grace, from + being a sacrament, or part of a sacrament, in so far as it is ordained as a remedy for sin. + </p> + <p id="XP_Q7_A2-p11"></p> + <p id="XP_Q7_A2-p12"></p> + <a href="summa.XP_Q7_A1.html"></a> + <a href="summa.XP_Q7_A3.html"></a> + </div> + <div id="XP_Q7_A3" class="div4"> + <a href="summa.XP_Q7_A2.html"></a> + <a href="summa.XP_Q8.html"></a> + <h4 id="XP_Q7_A3-p0.1">Whether confession is an act of the virtue of penance?</h4> + <p id="XP_Q7_A3-p1"></p> + <p id="XP_Q7_A3-p2"> + <b>Objection 1:</b> It would seem that confession is not an act of the virtue of penance. For an act belongs to the virtue which is its cause. + Now the cause of confession is the hope of pardon, as appears from the definition given above + <a id="XP_Q7_A3-p2.1" shape="rect" href="summa.XP_Q7_A1.html">(A[1])</a>. Therefore it seems that it is an act of hope and not of penance. + </p> + <p id="XP_Q7_A3-p3"> + <b>Objection 2:</b> Further, shame is a part of temperance. But confession arises from shame, as appears in the definition given above (A[1], + OBJ[4]). Therefore it is an act of temperance and not of penance. + </p> + <p id="XP_Q7_A3-p4"> + <b>Objection 3:</b> Further, the act of penance leans on Divine mercy. But confession leans rather on Divine wisdom, by reason of the truth which + is required in it. Therefore it is not an act of penance. + </p> + <p id="XP_Q7_A3-p5"> + <b>Objection 4:</b> Further, we are moved to penance by the article of the Creed which is about the Judgment, on account of fear, which is the + origin of penance. But we are moved to confession by the article which is about life everlasting, because it arises from hope + of pardon. Therefore it is not an act of penance. + </p> + <p id="XP_Q7_A3-p6"> + <b>Objection 5:</b> Further, it belongs to the virtue of truth that a man shows himself to be what he is. But this is what a man does when he + goes to confession. Therefore confession is an act of that virtue which is called truth, and not of penance. + </p> + <p id="XP_Q7_A3-p7"> + <b>On the contrary,</b> Penance is ordained for the destruction of sin. Now confession is ordained to this also. Therefore it is an act of penance. + </p> + <p id="XP_Q7_A3-p8"> + <b>I answer that,</b> It must be observed with regard to virtues, that when a special reason of goodness or difficulty is added over and above + the object of a virtue, there is need of a special virtue: thus the expenditure of large sums is the object of magnificence, + although the ordinary kind of average expenditure and gifts belongs to liberality, as appears from Ethic. ii, 7; iv, 1. The + same applies to the confession of truth, which, although it belongs to the virtue of truth + absolutely, yet, on account of the additional reason of goodness, begins to belong to another kind of virtue. Hence the Philosopher + says (Ethic. iv, 7) that a confession made in a court of justice belongs to the virtue of justice rather than to truth. In + like manner the confession of God's favors in praise of God, belongs not to truth, but to religion: and so too the confession + of sins, in order to receive pardon for them, is not the elicited act of the virtue of truth, as some say, but of the + virtue of penance. It may, however, be the commanded act of many virtues, in so far as the act of confession can be directed + to the end of many virtues. + </p> + <p id="XP_Q7_A3-p9"> + <b>Reply to Objection 1:</b> Hope is the cause of confession, not as eliciting but as commanding. + </p> + <p id="XP_Q7_A3-p10"> + <b>Reply to Objection 2:</b> In that definition shame is not mentioned as the cause of confession, since it is more of a nature to hinder the act of confession, + but rather as the joint cause of delivery from punishment (because shame is in itself a punishment), since also the keys of + the Church are the joint cause with confession, to the same effect. + </p> + <p id="XP_Q7_A3-p11"> + <b>Reply to Objection 3:</b> By a certain adaptation the parts of Penance can be ascribed to three Personal Attributes, so that contrition may correspond + to mercy or goodness, by reason of its being sorrow for evil---confession to wisdom, by reason of its being a manifestation + of the truth---and satisfaction to power, on account of the labor it entails. And since contrition is the first part of Penance, + and renders the other parts efficacious, for this reason the same is to be + said of Penance as a whole, as of contrition. + </p> + <p id="XP_Q7_A3-p12"> + <b>Reply to Objection 4:</b> Since confession results from hope rather than from fear, as stated above (A[1], ad 2), it is based on the article about + eternal life which hope looks to, rather than on the article about the Judgment, which fear considers; although penance, in + its aspect of contrition, is the opposite. + </p> + <p id="XP_Q7_A3-p13"> The Reply to the Fifth Objection is to be gathered from what has been said.</p> + <p id="XP_Q7_A3-p14"></p> + <p id="XP_Q7_A3-p15"></p> + <a href="summa.XP_Q7_A2.html"></a> + <a href="summa.XP_Q8.html"></a> + </div> + <a href="summa.XP_Q6_A6.html"></a> + <a href="summa.XP_Q7_A1.html"></a> + </div> + <div id="XP_Q8" class="div3"> + <a href="summa.XP_Q7_A3.html"></a> + <a href="summa.XP_Q8_A1.html"></a> + <h3 id="XP_Q8-p0.1">OF THE MINISTER OF CONFESSION (SEVEN ARTICLES)</h3> + <p id="XP_Q8-p1"></p> + <p id="XP_Q8-p2"> We must now consider the minister of confession, under which head there are seven points of inquiry:</p> + <p id="XP_Q8-p3"> (1) Whether it is necessary to confess to a priest?</p> + <p id="XP_Q8-p4"> (2) Whether it is ever lawful to confess to another than a priest?</p> + <p id="XP_Q8-p5"> (3) Whether outside a case of necessity one who is not a priest can hear the confession of venial sins?</p> + <p id="XP_Q8-p6"> (4) Whether it is necessary for a man to confess to his own priest?</p> + <p id="XP_Q8-p7"> (5) Whether it is lawful for anyone to confess to another than his own priest, in virtue of a privilege or of the command + of a superior? + </p> + <p id="XP_Q8-p8"> (6) Whether a penitent, in danger of death can be absolved by any priest?</p> + <p id="XP_Q8-p9"> (7) Whether the temporal punishment should be enjoined in proportion to the sin?</p> + <div id="XP_Q8_A1" class="div4"> + <a href="summa.XP_Q8.html"></a> + <a href="summa.XP_Q8_A2.html"></a> + <h4 id="XP_Q8_A1-p0.1">Whether it is necessary to confess to a priest?</h4> + <p id="XP_Q8_A1-p1"></p> + <p id="XP_Q8_A1-p2"> + <b>Objection 1:</b> It would seem that it is not necessary to confess to a priest. For we are not bound to confession, except in virtue of its + Divine institution. Now its Divine institution is made known to us ( + <a class="scripRef" id="XP_Q8_A1-p2.1" href="./asv.html#Jas.5.16" target="asv">James 5:16</a>): "Confess your sins, one to another," where there is no mention of a priest. Therefore it is not necessary to confess to + a priest. + </p> + <p id="XP_Q8_A1-p3"> + <b>Objection 2:</b> Further, Penance is a necessary sacrament, as is also Baptism. But any man is the minister of Baptism, on account of its + necessity. Therefore any man is the minister of Penance. Now confession should be made to the minister of Penance. Therefore + it suffices to confess to anyone. + </p> + <p id="XP_Q8_A1-p4"> + <b>Objection 3:</b> Further, confession is necessary in order that the measure of satisfaction should be imposed on the penitent. Now, sometimes + another than a priest might be more discreet than many priests are in imposing the measure of satisfaction on the penitent. + Therefore it is not necessary to confess to a priest. + </p> + <p id="XP_Q8_A1-p5"> + <b>Objection 4:</b> Further, confession was instituted in the Church in order that the rectors might know their sheep by sight. But sometimes + a rector or prelate is not a priest. Therefore confession should not always be made to a priest. + </p> + <p id="XP_Q8_A1-p6"> + <b>On the contrary,</b> The absolution of the penitent, for the sake of which he makes his confession, is imparted by none but priests to whom the + keys are intrusted. Therefore confession should be made to a priest. + </p> + <p id="XP_Q8_A1-p7"> Further, confession is foreshadowed in the raising of the dead Lazarus to life. Now our Lord commanded none but the disciples + to loose Lazarus ( + <a class="scripRef" id="XP_Q8_A1-p7.1" href="./asv.html#John.11.44" target="asv">Jn. 11:44</a>). Therefore confession should be made to a priest. + </p> + <p id="XP_Q8_A1-p8"> + <b>I answer that,</b> The grace which is given in the sacraments, descends from the Head to the members. Wherefore he alone who exercises a ministry + over Christ's true body is a minister of the sacraments, wherein grace is given; and this belongs to a priest alone, who can + consecrate the Eucharist. Therefore, since grace is given in the sacrament of Penance, none but a priest is the minister of + the sacrament: and consequently sacramental confession which should be made to a + minister of the Church, should be made to none but a priest. + </p> + <p id="XP_Q8_A1-p9"> + <b>Reply to Objection 1:</b> James speaks on the presupposition of the Divine institutions: and since confession had already been prescribed by God to + be made to a priest, in that He empowered them, in the person of the apostles, to forgive sins, as related in + <a class="scripRef" id="XP_Q8_A1-p9.1" href="./asv.html#John.20.23" target="asv"> Jn. 20:23, </a> we must take the words of James as conveying an admonishment to confess to priests. + </p> + <p id="XP_Q8_A1-p10"> + <b>Reply to Objection 2:</b> Baptism is a sacrament of greater necessity than Penance, as regards confession and absolution, because sometimes Baptism + cannot be omitted without loss of eternal salvation, as in the case of children who have not come to the use of reason: whereas + this cannot be said of confession and absolution, which regard none but adults, in whom contrition, together with the purpose + of confessing and the desire of absolution, suffices to deliver them from + everlasting death. Consequently there is no parity between Baptism and confession. + </p> + <p id="XP_Q8_A1-p11"> + <b>Reply to Objection 3:</b> In satisfaction we must consider not only the quantity of the punishment but also its power, inasmuch as it is part of a + sacrament. In this way it requires a dispenser of the sacraments, though the quantity of the punishment may be fixed by another + than a priest. + </p> + <p id="XP_Q8_A1-p12"> + <b>Reply to Objection 4:</b> It may be necessary for two reasons to know the sheep by sight. First, in order to register them as members of Christ's flock, + and to know the sheep by sight thus belongs to the pastoral charge and care, which is sometimes the duty of those who are + not priests. Secondly, that they may be provided with suitable remedies for their health; and to know the sheep by sight thus + belongs to the man, i.e. the priest, whose business it is to provide remedies + conducive to health, such as the sacrament of the Eucharist, and other like things. It is to this knowledge of the sheep that + confession is ordained. + </p> + <p id="XP_Q8_A1-p13"></p> + <p id="XP_Q8_A1-p14"></p> + <a href="summa.XP_Q8.html"></a> + <a href="summa.XP_Q8_A2.html"></a> + </div> + <div id="XP_Q8_A2" class="div4"> + <a href="summa.XP_Q8_A1.html"></a> + <a href="summa.XP_Q8_A3.html"></a> + <h4 id="XP_Q8_A2-p0.1">Whether it is ever lawful to confess to another than a priest?</h4> + <p id="XP_Q8_A2-p1"></p> + <p id="XP_Q8_A2-p2"> + <b>Objection 1:</b> It would seem that it is never lawful to confess to another than a priest. For confession is a sacramental accusation, as + appears from the definition given above ( + <a id="XP_Q8_A2-p2.1" shape="rect" href="summa.XP_Q7_A1.html">Q[7], A[1]</a>). But the dispensing of a sacrament belongs to none but the minister of a sacrament. Since then the proper minister of Penance + is a priest, it seems that confession should be made to no one else. + </p> + <p id="XP_Q8_A2-p3"> + <b>Objection 2:</b> Further, in every court of justice confession is ordained to the sentence. Now in a disputed case the sentence is void if + pronounced by another than the proper judge; so that confession should be made to none but a judge. But, in the court of conscience, + the judge is none but a priest, who has the power of binding and loosing. Therefore confession should be made to no one else. + </p> + <p id="XP_Q8_A2-p4"> + <b>Objection 3:</b> Further, in the case of Baptism, since anyone can baptize, if a layman has baptized, even without necessity, the Baptism + should not be repeated by a priest. But if anyone confess to a layman in a case of necessity, he is bound to repeat his confession + to a priest, when the cause for urgency has passed. Therefore confession should not be made to a layman in a case of necessity. + </p> + <p id="XP_Q8_A2-p5"> + <b>On the contrary,</b> is the authority of the text (Sent. iv, D, 17). + </p> + <p id="XP_Q8_A2-p6"> + <b>I answer that,</b> Just as Baptism is a necessary sacrament, so is Penance. And Baptism, through being a necessary sacrament has a twofold minister: + one whose duty it is to baptize, in virtue of his office, viz. the priest, and another, to whom the conferring of Baptism + is committed, in a case of necessity. In like manner the minister of Penance, to whom, in virtue of his office, confession + should be made, is a priest; but in a case of necessity even a layman may take the + place of a priest, and hear a person's confession. + </p> + <p id="XP_Q8_A2-p7"> + <b>Reply to Objection 1:</b> In the sacrament of Penance there is not only something on the part of the minister, viz. the absolution and imposition of + satisfaction, but also something on the part of the recipient, which is also essential to the sacrament, viz. contrition and + confession. Now satisfaction originates from the minister in so far as he enjoins it, and from the penitent who fulfills it; + and, for the fulness of the sacrament, both these things should concur when + possible. But when there is reason for urgency, the penitent should fulfill his own part, by being contrite and confessing + to whom he can; and although this person cannot perfect the sacrament, so as to fulfill the part of the priest by giving absolution, + yet this defect is supplied by the High Priest. Nevertheless confession made to a layman, through lack* of a priest, is quasi-sacramental, + although it is not a perfect sacrament, on account of the absence of the part which belongs to the + priest. [*Here and in the Reply to OBJ[2] the Leonine edition reads "through desire for a priest".] + </p> + <p id="XP_Q8_A2-p8"> + <b>Reply to Objection 2:</b> Although a layman is not the judge of the person who confesses to him, yet, on account of the urgency, he does take the place + of a judge over him, absolutely speaking, in so far as the penitent submits to him, through lack of a priest. + </p> + <p id="XP_Q8_A2-p9"> + <b>Reply to Objection 3:</b> By means of the sacraments man must needs be reconciled not only to God, but also to the Church. Now he cannot be reconciled + to the Church, unless the hallowing of the Church reach him. In Baptism the hallowing of the Church reaches a man through + the element itself applied externally, which is sanctified by "the word of life" ( + <a class="scripRef" id="XP_Q8_A2-p9.1" href="./asv.html#Eph.5.26" target="asv">Eph. 5:26</a>), by whomsoever it is conferred: and so when once a man has been baptized, no matter by whom, + he must not be baptized again. On the other hand, in Penance the hallowing of the Church reaches man by the minister alone, + because in that sacrament there is no bodily element applied externally, through the hallowing of which grace may be conferred. + Consequently although the man who, in a case of necessity, has confessed to a layman, has received forgiveness from God, for + the reason that he fulfilled, so far as he could, the purpose which he conceived in accordance with God's command, he is + not yet reconciled to the Church, so as to be admitted to the sacraments, unless he first be absolved by a priest, even as + he who has received the Baptism of desire, is not admitted to the Eucharist. Wherefore he must confess again to a priest, + as soon as there is one at hand, and the more so since, as stated above (ad 1), the sacrament of Penance was not perfected, + and so it needs yet to be perfected, in order that by receiving the sacrament, the penitent may receive a more plentiful effect, + and that he may fulfill the commandment about receiving the sacrament of Penance. + </p> + <p id="XP_Q8_A2-p10"></p> + <p id="XP_Q8_A2-p11"></p> + <a href="summa.XP_Q8_A1.html"></a> + <a href="summa.XP_Q8_A3.html"></a> + </div> + <div id="XP_Q8_A3" class="div4"> + <a href="summa.XP_Q8_A2.html"></a> + <a href="summa.XP_Q8_A4.html"></a> + <h4 id="XP_Q8_A3-p0.1">Whether, outside a case of necessity, anyone who is not a priest may hear the confession of venial sins?</h4> + <p id="XP_Q8_A3-p1"></p> + <p id="XP_Q8_A3-p2"> + <b>Objection 1:</b> It would seem that, outside a case of necessity, no one but a priest may hear the confession of venial sins. For the dispensation + of a sacrament is committed to a layman by reason of necessity. But the confession of venial sins is not necessary. Therefore + it is not committed to a layman. + </p> + <p id="XP_Q8_A3-p3"> + <b>Objection 2:</b> Further, Extreme Unction is ordained against venial sin, just as Penance is. But the former may not be given by a layman, + as appears from + <a class="scripRef" id="XP_Q8_A3-p3.1" href="./asv.html#Jas.5.14" target="asv"> James 5:14.</a> Therefore neither can the confession of venial sins be made to a layman. + </p> + <p id="XP_Q8_A3-p4"> + <b>On the contrary,</b> is the authority of Bede (on + <a class="scripRef" id="XP_Q8_A3-p4.1" href="./asv.html#Jas.5.16" target="asv"> James 5:16, </a> "Confess . . . one to another") quoted in the text (Sent. iv, D, 17). + </p> + <p id="XP_Q8_A3-p5"> + <b>I answer that,</b> By venial sin man is separated neither from God nor from the sacraments of the Church: wherefore he does not need to receive + any further grace for the forgiveness of such a sin, nor does he need to be reconciled to the Church. Consequently a man does + not need to confess his venial sins to a priest. And since confession made to a layman is a sacramental, although it is not + a perfect sacrament, and since it proceeds from charity, it has a natural aptitude to + remit sins, just as the beating of one's breast, or the sprinkling of holy water (cf. + <a id="XP_Q8_A3-p5.1" shape="rect" href="summa.TP_Q87_A3.html">TP, Q[87], A[3]</a>). + </p> + <p id="XP_Q8_A3-p6"> This suffices for the Reply to the First Objection, because there is no need to receive a sacrament for the forgiveness of + venial sins. and a sacramental, such as holy water or the like, suffices for the purpose. + </p> + <p id="XP_Q8_A3-p7"> + <b>Reply to Objection 2:</b> Extreme Unction is not given directly as a remedy for venial sin, nor is any other sacrament. + </p> + <p id="XP_Q8_A3-p8"></p> + <p id="XP_Q8_A3-p9"></p> + <a href="summa.XP_Q8_A2.html"></a> + <a href="summa.XP_Q8_A4.html"></a> + </div> + <div id="XP_Q8_A4" class="div4"> + <a href="summa.XP_Q8_A3.html"></a> + <a href="summa.XP_Q8_A5.html"></a> + <h4 id="XP_Q8_A4-p0.1">Whether it is necessary for one to confess to one's own priest?</h4> + <p id="XP_Q8_A4-p1"></p> + <p id="XP_Q8_A4-p2"> + <b>Objection 1:</b> It would seem that it is nol necessary to confess to one's own priest. For Gregory [*Cf. Can. Ex auctoritate xvi, Q[1]] says: + "By our apostolic authority and in discharge of our solicitude we have decreed that priests, who as monks imitate the ex. + ample of the apostles, may preach, baptize, give communion, pray for sinners, impose penances, and absolve from sins." Now + monks are not the proper priests of anyone, since they have not the care of souls. Since, + therefore confession is made for the sake of absolution it suffices for it to be made to any priest. + </p> + <p id="XP_Q8_A4-p3"> + <b>Objection 2:</b> Further, the minister of this sacrament is a priest, as also of the Eucharist. But any priest can perform the Eucharist. + Therefore any priest can administer the sacrament of Penance. Therefore there is no need to confess to one's own priest. + </p> + <p id="XP_Q8_A4-p4"> + <b>Objection 3:</b> Further, when we are bound to one thing in particular it is not left to our choice. But the choice of a discreet priest is + left to us as appears from the authority of Augustine quoted in the text (Sent. ix, D, 17): for he says in De vera et falsa + Poenitentia [*Work of an unknown author]: "He who wishes to confess his sins, in order to find grace, must seek a priest who + knows how to loose and to bind." Therefore it seems unnecessary to confess to one's own + priest. + </p> + <p id="XP_Q8_A4-p5"> + <b>Objection 4:</b> Further, there are some, such as prelates, who seem to have no priest of their own, since they have no superior: yet they + are bound to confession. Therefore a man is not always bound to confess to his own priest. + </p> + <p id="XP_Q8_A4-p6"> + <b>Objection 5:</b> Further, "That which is instituted for the sake of charity, does not militate against charity," as Bernard observes (De Praecept. + et Dispens. ii). Now confession, which was instituted for the sake of charity, would militate against charity, if a man were + bound to confess to any particular priest: e.g. if the sinner know that his own priest is a heretic, or a man of evil influence, + or weak and prone to the very sin that he wishes to confess to him, or + reasonably suspected of breaking the seal of confession, or if the penitent has to confess a sin committed against his confessor. + Therefore it seems that one need not always confess to one's own priest. + </p> + <p id="XP_Q8_A4-p7"> + <b>Objection 6:</b> Further, men should not be straitened in matters necessary for salvation, lest they be hindered in the way of salvation. + But it seems a great inconvenience to be bound of necessity to confess to one particular man, and many might be hindered from + going to confession, through either fear, shame, or something else of the kind. Therefore, since confession is necessary for + salvation, men should not be straitened, as apparently they would be, by having to confess + to their own priest. + </p> + <p id="XP_Q8_A4-p8"> + <b>On the contrary,</b> stands a decree of Pope Innocent III in the Fourth Lateran Council (Can. 21), who appointed "all of either sex to confess + once a year to their own priest." + </p> + <p id="XP_Q8_A4-p9"> Further, as a bishop is to his diocese, so is a priest to his parish. Now it is unlawful, according to canon law (Can. Nullus + primas ix + <a id="XP_Q8_A4-p9.1" shape="rect" href="summa.XP_Q2.html">, Q[2];</a> Can. Si quis episcoporum xvi + <a id="XP_Q8_A4-p9.2" shape="rect" href="summa.XP_Q5.html">, Q[5])</a>, for a bishop to exercise the episcopal office in another diocese. Therefore it is not lawful for one priest to hear the + confession of another's parishioner. + </p> + <p id="XP_Q8_A4-p10"> + <b>I answer that,</b> The other sacraments do not consist in an action of the recipient, but only in his receiving something, as is evident with + regard to Baptism and so forth. though the action of the recipient is required as removing an obstacle, i.e. insincerity, + in order that he may receive the benefit of the sacrament, if he has come to the use of his free-will. On the other hand, + the action of the man who approaches the sacrament of Penance is essential to the sacrament, + since contrition, confession, and satisfaction, which are acts of the penitent, are parts of Penance. Now our actions, since + they have their origin in us, cannot be dispensed by others, except through their command. Hence whoever is appointed a dispenser + of this sacrament, must be such as to be able to command something to be done. Now a man is not competent to command another + unless he have jurisdiction over him. Consequently it is essential to this sacrament, not only for the minister to be + in orders, as in the case of the other sacraments, but also for him to have jurisdiction: wherefore he that has no jurisdiction + cannot administer this sacrament any more than one who is not a priest. Therefore confession should be made not only to a + priest, but to one's own priest; for since a priest does not absolve a man except by binding him to do something, he alone + can absolve, who, by his command, can bind the penitent to do something. + </p> + <p id="XP_Q8_A4-p11"> + <b>Reply to Objection 1:</b> Gregory is speaking of those monks who have jurisdiction, through having charge of a parish; about whom some had maintained + that from the very fact that they were monks, they could not absolve or impose penance, which is false. + </p> + <p id="XP_Q8_A4-p12"> + <b>Reply to Objection 2:</b> The sacrament of the Eucharist does not require the power of command over a man, whereas this sacrament does, as stated above: + and so the argument proves nothing. Nevertheless it is not lawful to receive the Eucharist from another than one's own priest, + although it is a real sacrament that one receives from another. + </p> + <p id="XP_Q8_A4-p13"> + <b>Reply to Objection 3:</b> The choice of a discreet priest is not left to us in such a way that we can do just as we like; but it is left to the permission + of a higher authority, if perchance one's own priest happens to be less suitable for applying a salutary remedy to our sins. + </p> + <p id="XP_Q8_A4-p14"> + <b>Reply to Objection 4:</b> Since it is the duty of prelates to dispense the sacraments, which the clean alone should handle, they are allowed by law + (De Poenit. et Remiss., Cap. Ne pro dilatione) to choose a priest for their confessor; who in this respect is the prelate's + superior; even as one physician is cured by another, not as a physician but as a patient. + </p> + <p id="XP_Q8_A4-p15"> + <b>Reply to Objection 5:</b> In those cases wherein the penitent has reason to fear some harm to himself or to the priest by reason of his confessing + to him, he should have recourse to the higher authority, or ask permission of the priest himself to confess to another; and + if he fails to obtain permission, the case is to be decided as for a man who has no priest at hand; so that he should rather + choose a layman and confess to him. Nor does he disobey the law of the Church by so + doing, because the precepts of positive law do not extend beyond the intention of the lawgiver, which is the end of the precept, + and in this case, is charity, according to the Apostle ( + <a class="scripRef" id="XP_Q8_A4-p15.1" href="./asv.html#iTim.1.5" target="asv">1 Tim. 1:5</a>). Nor is any slur cast on the priest, for he deserves to forfeit his privilege, for abusing the power intrusted to him. + </p> + <p id="XP_Q8_A4-p16"> + <b>Reply to Objection 6:</b> The necessity of confessing to one's own priest does not straiten the way of salvation, but determines it sufficiently. A + priest, however, would sin if he were not easy in giving permission to confess to another, because many are so weak that they + would rather die without confession than confess to such a priest. Wherefore those priests who are too anxious to probe the + consciences of their subjects by means of confession, lay a snare of damnation for + many, and consequently for themselves. + </p> + <p id="XP_Q8_A4-p17"></p> + <p id="XP_Q8_A4-p18"></p> + <a href="summa.XP_Q8_A3.html"></a> + <a href="summa.XP_Q8_A5.html"></a> + </div> + <div id="XP_Q8_A5" class="div4"> + <a href="summa.XP_Q8_A4.html"></a> + <a href="summa.XP_Q8_A6.html"></a> + <h4 id="XP_Q8_A5-p0.1">Whether it is lawful for anyone to confess to another than his own priest, in virtue of a privilege or a command given by + a superior? + </h4> + <p id="XP_Q8_A5-p1"></p> + <p id="XP_Q8_A5-p2"> + <b>Objection 1:</b> It would seem that it is not lawful for anyone to confess to another than his own priest, even in virtue of a privilege or + command given by a superior. For no privilege should be given that wrongs a third party. Now it would be prejudicial to the + subject's own priest, if he were to confess to another. Therefore this cannot be allowed by a superior's privilege, permission, + or command. + </p> + <p id="XP_Q8_A5-p3"> + <b>Objection 2:</b> Further, that which hinders the observance of a Divine command cannot be the subject of a command or privilege given by man. + Now it is a Divine command to the rectors of churches to "know the countenance of their own cattle" ( + <a class="scripRef" id="XP_Q8_A5-p3.1" href="./asv.html#Prov.27.23" target="asv">Prov. 27:23</a>); and this is hindered if another than the rector hear the confession of his subjects. Therefore this cannot be prescribed + by any human privilege or command. + </p> + <p id="XP_Q8_A5-p4"> + <b>Objection 3:</b> Further, he that hears another's confession is the latter's own judge, else he could not bind or loose him. Now one man cannot + have several priests or judges of his own, for then he would be bound to obey several men, which would be impossible, if their + commands were contrary or incompatible. Therefore one may not confess to another than one's own priest, even with the superior's + permission. + </p> + <p id="XP_Q8_A5-p5"> + <b>Objection 4:</b> Further, it is derogatory to a sacrament, or at least useless, to repeat a sacrament over the same matter. But he who has + confessed to another priest, is bound to confess again to his own priest, if the latter requires him to do so, because he + is not absolved from his obedience, whereby he is bound to him in this respect. Therefore it cannot be lawful for anyone to + confess to another than his own priest. + </p> + <p id="XP_Q8_A5-p6"> + <b>On the contrary,</b> He that can perform the actions of an order can depute the exercise thereof to anyone who has the same order. Now a superior, + such as a bishop, can hear the confession of anyone belonging to a priest's parish, for sometimes he reserves certain cases + to himself, since he is the chief rector. Therefore he can also depute another priest to hear that man. + </p> + <p id="XP_Q8_A5-p7"> Further, a superior can do whatever his subject can do. But the priest himself can give his parishioner permission to confess + to another. Much more, therefore, can his superior do this. + </p> + <p id="XP_Q8_A5-p8"> Further, the power which a priest has among his people, comes to him from the bishop. Now it is through that power that he + can hear confessions. Therefore, in like manner, another can do so, to whom the bishop gives the same power. + </p> + <p id="XP_Q8_A5-p9"> + <b>I answer that,</b> A priest may be hindered in two ways from hearing a man's confession: first, through lack of jurisdiction; secondly, through + being prevented from exercising his order, as those who are excommunicate, degraded, and so forth. Now whoever has jurisdiction, + can depute to another whatever comes under his jurisdiction; so that if a priest is hindered from hearing a man's confession + through want of jurisdiction, anyone who has immediate jurisdiction over that man, + priest, bishop, or Pope, can depute that priest to hear his confession and absolve him. If, on the other hand, the priest + cannot hear the confession, on account of an impediment to the exercise of his order, anyone who has the power to remove that + impediment can permit him to hear confessions. + </p> + <p id="XP_Q8_A5-p10"> + <b>Reply to Objection 1:</b> No wrong is done to a person unless what is taken away from him was granted for his own benefit. Now the power of jurisdiction + is not granted a man for his own benefit, but for the good of the people and for the glory of God. Wherefore if the higher + prelates deem it expedient for the furthering of the people's salvation and God's glory, to commit matters of jurisdiction + to others, no wrong is done to the inferior prelates, except to those who "seek + the things that are their own; not the things that are Jesus Christ's" ( + <a class="scripRef" id="XP_Q8_A5-p10.1" href="./asv.html#Phil.2.21" target="asv">Phil. 2:21</a>), and who rule their flock, not by feeding it, but by feeding on it. + </p> + <p id="XP_Q8_A5-p11"> + <b>Reply to Objection 2:</b> The rector of a church should "know the countenance of his own cattle" in two ways. First, by an assiduous attention to their + external conduct, so as to watch over the flock committed to his care: and in acquiring this knowledge he should not believe + his subject, but, as far as possible, inquire into the truth of facts. Secondly, by the manifestation of confession; and with + regard to this knowledge, he cannot arrive at any greater certainty than by + believing his subject, because this is necessary that he may help his subject's conscience. Consequently in the tribunal of + confession, the penitent is believed whether he speak for himself or against himself, but not in the court of external judgment: + wherefore it suffices for this knowledge that he believe the penitent when he says that he has confessed to one who could + absolve him. It is therefore clear that this knowledge of the flock is not hindered by a privilege granted to another to + hear confessions. + </p> + <p id="XP_Q8_A5-p12"> + <b>Reply to Objection 3:</b> It would be inconvenient, if two men were placed equally over the same people, but there is no inconvenience if over the + same people two are placed one of whom is over the other. In this way the parish priest, the bishop, and the Pope are placed + immediately over the same people, and each of them can commit matters of jurisdiction to some other. Now a higher superior + delegates a man in two ways: first, so that the latter takes the superior's place, as + when the Pope or a bishop appoints his penitentiaries; and then the man thus delegated is higher than the inferior prelate, + as the Pope's penitentiary is higher than a bishop, and the bishop's penitentiary than a parish priest, and the penitent is + bound to obey the former rather than the latter. Secondly, so that the delegate is appointed the coadjutor of this other priest; + and since a co-adjutor is subordinate to the person he is appointed to help, he holds a lower rank, and the penitent is + not so bound to obey him as his own priest. + </p> + <p id="XP_Q8_A5-p13"> + <b>Reply to Objection 4:</b> No man is bound to confess sins that he has no longer. Consequently, if a man has confessed to the bishop's penitentiary, + or to someone else having faculties from the bishop, his sins are forgiven both before the Church and before God, so that + he is not bound to confess them to his own priest, however much the latter may insist: but on account of the Ecclesiastical + precept (De Poenit. et Remiss., Cap. Omnis utriusque) which prescribes confession to be + made once a year to one's own priest, he is under the same obligation as one who has committed none but venial sins. For such + a one, according to some, is bound to confess none but venial sins, or he must declare that he is free from mortal sin, and + the priest, in the tribunal of conscience, ought, and is bound, to believe him. If, however, he were bound to confess again, + his first confession would not be useless, because the more priests one confesses to, the more is the punishment remitted, + both by reason of the shame in confessing, which is reckoned as a satisfactory punishment, and by reason of the power of the + keys: so that one might confess so often as to be delivered from all punishment. Nor is repetition derogatory to a sacrament, + except in those wherein there is some kind of sanctification, either by the impressing of a character, or by the consecration + of the matter, neither of which applies to Penance. Hence it would be well for him who hears confessions by the bishop's + authority, to advise the penitent to confess to his own priest, yet he must absolve him, even if he declines to do so. + </p> + <p id="XP_Q8_A5-p14"></p> + <p id="XP_Q8_A5-p15"></p> + <a href="summa.XP_Q8_A4.html"></a> + <a href="summa.XP_Q8_A6.html"></a> + </div> + <div id="XP_Q8_A6" class="div4"> + <a href="summa.XP_Q8_A5.html"></a> + <a href="summa.XP_Q8_A7.html"></a> + <h4 id="XP_Q8_A6-p0.1">Whether a penitent, at the point of death, can be absolved by any priest?</h4> + <p id="XP_Q8_A6-p1"></p> + <p id="XP_Q8_A6-p2"> + <b>Objection 1:</b> It would seem that a penitent, at the point of death, cannot be absolved by any priest. For absolution requires jurisdiction, + as stated above + <a id="XP_Q8_A6-p2.1" shape="rect" href="summa.XP_Q8_A5.html">(A[5])</a>. Now a priest does not acquire jurisdiction over a man who repents at the point of death. Therefore he cannot absolve him. + </p> + <p id="XP_Q8_A6-p3"> + <b>Objection 2:</b> Further, he that receives the sacrament of Baptism, when in danger of death, from another than his own priest, does not need + to be baptized again by the latter. If, therefore, any priest can absolve, from any sin, a man who is in danger of death, + the penitent, if he survive the danger, need not go to his own priest; which is false, since otherwise the priest would not + "know the countenance of his cattle." + </p> + <p id="XP_Q8_A6-p4"> + <b>Objection 3:</b> Further, when there is danger of death, Baptism can be conferred not only by a strange priest, but also by one who is not + a priest. But one who is not a priest can never absolve in the tribunal of Penance. Therefore neither can a priest absolve + a man who is not his subject, when he is in danger of death. + </p> + <p id="XP_Q8_A6-p5"> + <b>On the contrary,</b> Spiritual necessity is greater than bodily necessity. But it is lawful in a case of extreme necessity, for a man to make + use of another's property, even against the owner's will, in order to supply a bodily need. Therefore in danger of death, + a man may be absolved by another than his own priest, in order to supply his spiritual need. + </p> + <p id="XP_Q8_A6-p6"> Further, the authorities quoted in the text prove the same (Sent. iv, D, 20, Cap. Non Habet).</p> + <p id="XP_Q8_A6-p7"> + <b>I answer that,</b> If we consider the power of the keys, every priest has power over all men equally and over all sins: and it is due to the + fact that by the ordination of the Church, he has a limited jurisdiction or none at all, that he cannot absolve all men from + all sins. But since "necessity knows no law" [*Cap. Consilium, De observ. jejun.; De reg. jur. (v, Decretal)] in cases of + necessity the ordination of the Church does not hinder him from being able to absolve, since + he has the keys sacramentally: and the penitent will receive as much benefit from the absolution of this other priest as if + he had been absolved by his own. Moreover a man can then be absolved by any priest not only from his sins, but also from excommunication, + by whomsoever pronounced, because such absolution is also a matter of that jurisdiction which by the ordination of the Church + is con. fined within certain limits. + </p> + <p id="XP_Q8_A6-p8"> + <b>Reply to Objection 1:</b> One person may act on the jurisdiction of another according to the latter's will, since matters of jurisdiction can be deputed. + Since, therefore, the Church recognizes absolution granted by any priest at the hour of death, from this very fact a priest + has the use of jurisdiction though he lack the power of jurisdiction. + </p> + <p id="XP_Q8_A6-p9"> + <b>Reply to Objection 2:</b> He needs to go to his own priest, not that he may be absolved again from the sins, from which he was absolved when in danger + of death, but that his own priest may know that he is absolved. In like manner, he who has been absolved from excommunication + needs to go to the judge, who in other circumstances could have absolved him, not in order to seek absolution, but in order + to offer satisfaction. + </p> + <p id="XP_Q8_A6-p10"> + <b>Reply to Objection 3:</b> Baptism derives its efficacy from the sanctification of the matter itself, so that a man receives the sacrament whosoever + baptizes him: whereas the sacramental power of Penance consists in a sanctification pronounced by the minister, so that if + a man confess to a layman, although he fulfills his own part of the sacramental confession, he does not receive sacramental + absolution. Wherefore his confession avails him somewhat, as to the lessening of his + punishment, owing to the merit derived from his confession and to his repentance. but he does not receive that diminution + of his punishment which results from the power of the keys; and consequently he must confess again to a priest; and one who + has confessed thus, is more punished hereafter than if he had confessed to a priest. + </p> + <p id="XP_Q8_A6-p11"></p> + <p id="XP_Q8_A6-p12"></p> + <a href="summa.XP_Q8_A5.html"></a> + <a href="summa.XP_Q8_A7.html"></a> + </div> + <div id="XP_Q8_A7" class="div4"> + <a href="summa.XP_Q8_A6.html"></a> + <a href="summa.XP_Q9.html"></a> + <h4 id="XP_Q8_A7-p0.1">Whether the temporal punishment is imposed according to the degree of the fault?</h4> + <p id="XP_Q8_A7-p1"></p> + <p id="XP_Q8_A7-p2"> + <b>Objection 1:</b> It would seem that the temporal punishment, the debt of which remains after Penance, is not imposed according to the degree + of fault. For it is imposed according to the degree of pleasure derived from the sin, as appears from + <a class="scripRef" id="XP_Q8_A7-p2.1" href="./asv.html#Rev.18.7" target="asv"> Apoc. 18:7</a>: "As much as she hath glorified herself and lived in delicacies, so much torment and sorrow give ye her." Yet sometimes where + there is greater pleasure, there is less fault, since "carnal sins, which afford + more pleasure than spiritual sins, are less guilty," according to Gregory (Moral. xxxiii, 2). Therefore the punishment is + not imposed according to the degree of fault. + </p> + <p id="XP_Q8_A7-p3"> + <b>Objection 2:</b> Further, in the New Law one is bound to punishment for mortal sins, in the same way as in the Old Law. Now in the Old Law + the punishment for sin was due to last seven days, in other words, they had to remain unclean seven days for one mortal sin. + Since therefore, in the New Testament, a punishment of seven years is imposed for one mortal sin, it seems that the quantity + of the punishment does not answer to the degree of fault. + </p> + <p id="XP_Q8_A7-p4"> + <b>Objection 3:</b> Further, the sin of murder in a layman is more grievous than that of fornication in a priest, because the circumstance which + is taken from the species of a sin, is more aggravating than that which is taken from the person of the sinner. Now a punishment + of seven years' duration is appointed for a layman guilty of murder, while for fornication a priest is punished for ten years, + according to Can. Presbyter, Dist. lxxxii. Therefore punishment is not imposed + according to the degree of fault. + </p> + <p id="XP_Q8_A7-p5"> + <b>Objection 4:</b> Further, a sin committed against the very body of Christ is most grievous, because the greater the person sinned against, + the more grievous the sin. Now for spilling the blood of Christ in the sacrament of the altar a punishment of forty days or + a little more is enjoined, while a punishment of seven years is prescribed for fornication, according to the Canons (Can. + Presbyter, Dist. lxxxii). Therefore the quantity of the punishment does not answer to the degree + of fault. + </p> + <p id="XP_Q8_A7-p6"> + <b>On the contrary,</b> It is written ( + <a class="scripRef" id="XP_Q8_A7-p6.1" href="./asv.html#Isa.27.8" target="asv">Is. 27:8</a>): "In measure against measure, when it shall be cast off, thou shalt judge it." Therefore the quantity of punishment adjudicated + for sin answers the degree of fault. + </p> + <p id="XP_Q8_A7-p7"> Further, man is reduced to the equality of justice by the punishment inflicted on him. But this would not be so if the quantity + of the fault and of the punishment did not mutually correspond. Therefore one answers to the other. + </p> + <p id="XP_Q8_A7-p8"> + <b>I answer that,</b> After the forgiveness of sin, a punishment is required for two reasons, viz. to pay the debt, and to afford a remedy. Hence + the punishment may be imposed in consideration of two things. First, in consideration of the debt, and in this way the quantity + of the punishment corresponds radically to the quantity of the fault, before anything of the latter is forgiven: yet the more + there is remitted by the first of those things which are of a nature to remit + punishment, the less there remains to be remitted or paid by the other, because the more contrition remits of the punishment, + the less there remains to be remitted by confession. Secondly, in consideration of the remedy, either as regards the one who + sinned, or as regards others: and thus sometimes a greater punishment is enjoined for a lesser sin; either because one man's + sin is more difficult to resist than another's (thus a heavier punishment is imposed on a young man for fornication, than + on an old man, though the former's sin be less grievous), or because one man's sin; for instance, a priest's, is more dangerous + to others, than another's sin, or because the people are more prone to that particular sin, so that it is necessary by the + punishment of the one man to deter others. Consequently, in the tribunal of Penance, the punishment has to be imposed with + due regard to both these things: and so a greater punishment is not always imposed for a greater sin. on the other hand, the + punishment of Purgatory is only for the payment of the debt, because there is no longer any possibility of sinning, so that + this punishment is meted only according to the measure of sin, with due consideration however for the degree of contrition, + and for confession and absolution, since all these lessen the punishment somewhat: wherefore the priest in enjoining satisfaction + should bear them in mind. + </p> + <p id="XP_Q8_A7-p9"> + <b>Reply to Objection 1:</b> In the words quoted two things are mentioned with regard to the sin, viz. "glorification" and "delicacies" or "delectation"; + the first of which regards the uplifting of the sinner, whereby he resists God; while the second regards the pleasure of sin: + and though sometimes there is less pleasure in a greater sin, yet there is greater uplifting; wherefore the argument does + not prove. + </p> + <p id="XP_Q8_A7-p10"> + <b>Reply to Objection 2:</b> This punishment of seven days did not expiate the punishment due for the sin, so that even if the sinner died after that + time, he would be punished in Purgatory: but it was in expiation of the irregularity incurred, from which all the legal sacrifices + expiated. Nevertheless, other things being equal, a man sins more grievously under the New Law than under the Old, on account + of the more plentiful sanctification received in Baptism, and on account of + the more powerful blessings bestowed by God on the human race. This is evident from + <a class="scripRef" id="XP_Q8_A7-p10.1" href="./asv.html#Heb.29" target="asv">Heb. 29</a>: "How much more, do you think, he deserveth worse punishments," etc. And yet it is not universally true that a seven years' + penance is exacted for every mortal sin: but it is a kind of general rule applicable to the majority of cases, which must, + nevertheless, be disregarded, with due consideration for the various circumstances of sins and penitents. + </p> + <p id="XP_Q8_A7-p11"> + <b>Reply to Objection 3:</b> A bishop or priest sins with greater danger to others or to himself; wherefore the canons are more anxious to withdraw him + from sin, by inflicting a greater punishment, in as much as it is intended as a remedy; although sometimes so great a punishment + is not strictly due. Hence he is punished less in Purgatory. + </p> + <p id="XP_Q8_A7-p12"> + <b>Reply to Objection 4:</b> This punishment refers to the case when this happens against the priest's will: for if he spilled it willingly he would deserve + a much heavier punishment. + </p> + <p id="XP_Q8_A7-p13"></p> + <p id="XP_Q8_A7-p14"></p> + <a href="summa.XP_Q8_A6.html"></a> + <a href="summa.XP_Q9.html"></a> + </div> + <a href="summa.XP_Q7_A3.html"></a> + <a href="summa.XP_Q8_A1.html"></a> + </div> + <div id="XP_Q9" class="div3"> + <a href="summa.XP_Q8_A7.html"></a> + <a href="summa.XP_Q9_A1.html"></a> + <h3 id="XP_Q9-p0.1">OF THE QUALITY OF CONFESSION (FOUR ARTICLES) </h3> + <p id="XP_Q9-p1"></p> + <p id="XP_Q9-p2"> We must now consider the quality of confession: under which head there are four points of inquiry:</p> + <p id="XP_Q9-p3"> (1) Whether confession can be lacking in form?</p> + <p id="XP_Q9-p4"> (2) Whether confession ought to be entire?</p> + <p id="XP_Q9-p5"> (3) Whether one can confess through another, or by writing?</p> + <p id="XP_Q9-p6"> (4) Whether the sixteen conditions, which are assigned by the masters, are necessary for confession?</p> + <div id="XP_Q9_A1" class="div4"> + <a href="summa.XP_Q9.html"></a> + <a href="summa.XP_Q9_A2.html"></a> + <h4 id="XP_Q9_A1-p0.1">Whether confession can be lacking in form?</h4> + <p id="XP_Q9_A1-p1"></p> + <p id="XP_Q9_A1-p2"> + <b>Objection 1:</b> It would seem that confession cannot be lacking in form. For it is written ( + <a class="scripRef" id="XP_Q9_A1-p2.1" href="./asv.html#Sir.17.26" target="asv">Ecclus. 17:26</a>): "Praise [confession] perisheth from the dead as nothing." But a man without charity is dead, because charity is the life + of the soul. Therefore there can be no confession without charity. + </p> + <p id="XP_Q9_A1-p3"> + <b>Objection 2:</b> Further, confession is condivided with contrition and satisfaction. But contrition and satisfaction are impossible without + charity. Therefore confession is also impossible without charity. + </p> + <p id="XP_Q9_A1-p4"> + <b>Objection 3:</b> Further, it is necessary in confession that the word should agree with the thought for the very name of confession requires + this. Now if a man confess while remaining attached to sin, his word is not in accord with his thought, since in his heart + he holds to sin, while he condemns it with his lips. Therefore such a man does not confess. + </p> + <p id="XP_Q9_A1-p5"> + <b>On the contrary,</b> Every man is bound to confess his mortal sins. Now if a man in mortal sin has confessed once, he is not bound to confess + the same sins again, because, as no man knows himself to have charity, no man would know of him that he had confessed. Therefore + it is not necessary that confession should be quickened by charity. + </p> + <p id="XP_Q9_A1-p6"> + <b>I answer that,</b> Confession is an act of virtue, and is part of a sacrament. In so far as it is an act of virtue, it has the property of being + meritorious, and thus is of no avail without charity, which is the principle of merit. But in so far as it is part of a sacrament, + it subordinates the penitent to the priest who has the keys of the Church, and who by means of the confession knows the conscience + of the person confessing. In this way it is possible for confession to be + in one who is not contrite, for he can make his sins known to the priest, and subject himself to the keys of the Church: and + though he does not receive the fruit of absolution then, yet he will begin to receive it, when he is sincerely contrite, as + happens in the other sacraments: wherefore he is not bound to repeat his confession, but to confess his lack of sincerity. + </p> + <p id="XP_Q9_A1-p7"> + <b>Reply to Objection 1:</b> These words must be understood as referring to the receiving of the fruit of confession, which none can receive who is not + in the state of charity. + </p> + <p id="XP_Q9_A1-p8"> + <b>Reply to Objection 2:</b> Contrition and satisfaction are offered to God: but confession is made to man: hence it is essential to contrition and satisfaction, + but not to confession, that man should be united to God by charity. + </p> + <p id="XP_Q9_A1-p9"> + <b>Reply to Objection 3:</b> He who declares the sins which he has, speaks the truth; and thus his thought agrees with his lips or words, as to the substance + of confession, though it is discordant with the purpose of confession. + </p> + <p id="XP_Q9_A1-p10"></p> + <p id="XP_Q9_A1-p11"></p> + <a href="summa.XP_Q9.html"></a> + <a href="summa.XP_Q9_A2.html"></a> + </div> + <div id="XP_Q9_A2" class="div4"> + <a href="summa.XP_Q9_A1.html"></a> + <a href="summa.XP_Q9_A3.html"></a> + <h4 id="XP_Q9_A2-p0.1">Whether confession should be entire?</h4> + <p id="XP_Q9_A2-p1"></p> + <p id="XP_Q9_A2-p2"> + <b>Objection 1:</b> It would seem that it is not necessary for confession to be entire, namely, for a man to confess all his sins to one priest. + For shame conduces to the diminution of punishment. Now the greater the number of priests to whom a man confesses, the greater + his shame. Therefore confession is more fruitful if it be divided among several priests. + </p> + <p id="XP_Q9_A2-p3"> + <b>Objection 2:</b> Further, confession is necessary in Penance in order that punishment may be enjoined for sin according to the judgment of + the priest. Now a sufficient punishment for different sins can be imposed by different priests. Therefore it is not necessary + to confess all one's sins to one priest. + </p> + <p id="XP_Q9_A2-p4"> + <b>Objection 3:</b> Further, it may happen that a man after going to confession and performing his penance, remembers a mortal sin, which escaped + his memory while confessing, and that his own priest to whom he confessed first is no longer available, so that he can only + confess that sin to another priest, and thus he will confess different sins to different priests. + </p> + <p id="XP_Q9_A2-p5"> + <b>Objection 4:</b> Further, the sole reason for confessing one's sins to a priest is in order to receive absolution. Now sometimes, the priest + who hears a confession can absolve from some of the sins, but not from all. Therefore in such a case at all events the confession + need not be entire. + </p> + <p id="XP_Q9_A2-p6"> + <b>On the contrary,</b> Hypocrisy is an obstacle to Penance. But it savors of hypocrisy to divide one's confession, as Augustine says [*De vera et + falsa Poenitentia, work of an unknown author]. Therefore confession should be entire. Further, confession is a part of Penance. + But Penance should be entire. Therefore confession also should be entire. + </p> + <p id="XP_Q9_A2-p7"> + <b>I answer that,</b> In prescribing medicine for the body, the physician should know not only the disease for which he is prescribing, but also + the general constitution of the sick person, since one disease is aggravated by the addition of another, and a medicine which + would be adapted to one disease, would be harmful to another. The same is to be said in regard to sins, for one is aggravated + when another is added to it; and a remedy which would be suitable for one sin, might + prove an incentive to another, since sometimes a man is guilty of contrary sins, as Gregory says (Pastoral. iii, 3). Hence + it is necessary for confession that man confess all the sins that he calls to mind, and if he fails to do this, it is not + a confession, but a pretense of confession. + </p> + <p id="XP_Q9_A2-p8"> + <b>Reply to Objection 1:</b> Although a man's shame is multiplied when he makes a divided confession to different confessors, yet all his different shames + together are not so great as that with which he confesses all his sins together: because one sin considered by itself does + not prove the evil disposition of the sinner, as when it is considered in conjunction with several others, for a man may fall + into one sin through ignorance or weakness, but a number of sins proves the + malice of the sinner, or his great corruption. + </p> + <p id="XP_Q9_A2-p9"> + <b>Reply to Objection 2:</b> The punishment imposed by different priests would not be sufficient, because each would only consider one sin by itself, + and not the gravity which it derives from being in conjunction with another. Moreover sometimes the punishment which would + be given for one sin would foster another. Again the priest in hearing a confession takes the place of God, so that confession + should be made to him just as contrition is made to God: wherefore as there would be + no contrition unless one were contrite for all the sins which one calls to mind, so is there no confession unless one confess + all the sins that one remembers committing. + </p> + <p id="XP_Q9_A2-p10"> + <b>Reply to Objection 3:</b> Some say that when a man remembers a sin which he had previously forgotten, he ought to confess again the sins which he had + confessed before, especially if he cannot go to the same priest to whom his previous confession was made, in order that the + total quantity of his sins may be made known to one priest. But this does not seem necessary, because sin takes its quantity + both from itself and from the conjunction of another; and as to the sins which he + confessed he had already manifested their quantity which they have of themselves, while as to the sin which he had forgotten, + in order that the priest may know the quantity which it has under both the above heads, it is enough that the penitent declare + it explicitly, and confess the others in general, saying that he had confessed many sins in his previous confession, but had + forgotten this particular one. + </p> + <p id="XP_Q9_A2-p11"> + <b>Reply to Objection 4:</b> Although the priest may be unable to absolve the penitent from all his sins, yet the latter is bound to confess all to him, + that he may know the total quantity of his guilt, and refer him to the superior with regard to the sins from which he cannot + absolve him. + </p> + <p id="XP_Q9_A2-p12"></p> + <p id="XP_Q9_A2-p13"></p> + <a href="summa.XP_Q9_A1.html"></a> + <a href="summa.XP_Q9_A3.html"></a> + </div> + <div id="XP_Q9_A3" class="div4"> + <a href="summa.XP_Q9_A2.html"></a> + <a href="summa.XP_Q9_A4.html"></a> + <h4 id="XP_Q9_A3-p0.1">Whether one may confess through another, or by writing?</h4> + <p id="XP_Q9_A3-p1"></p> + <p id="XP_Q9_A3-p2"> + <b>Objection 1:</b> It would seem that one may confess through another, or by writing. For confession is necessary in order that the penitent's + conscience may be made known to the priest. But a man can make his conscience known to the priest, through another or by writing. + Therefore it is enough to confess through another or by writing. + </p> + <p id="XP_Q9_A3-p3"> + <b>Objection 2:</b> Further, some are not understood by their own priests on account of a difference of language, and consequently cannot confess + save through others. Therefore it is not essential to the sacrament that one should confess by oneself, so that if anyone + confesses through another in any way whatever, it suffices for his salvation. + </p> + <p id="XP_Q9_A3-p4"> + <b>Objection 3:</b> Further, it is essential to the sacrament that a man should confess to his own priest, as appears from what has been said + ( + <a id="XP_Q9_A3-p4.1" shape="rect" href="summa.XP_Q8_A5.html">Q[8], A[5]</a> ). Now sometimes a man's own priest is absent, so that the penitent cannot speak to him with his own voice. But he could + make his conscience known to him by writing. Therefore it seems that he ought to manifest his conscience to him by writing + to him. + </p> + <p id="XP_Q9_A3-p5"> + <b>On the contrary,</b> Man is bound to confess his sins even as he is bound to confess his faith. But confession of faith should be made "with the + mouth," as appears from + <a class="scripRef" id="XP_Q9_A3-p5.1" href="./asv.html#Rom.10.10" target="asv"> Rom. 10:10</a>: therefore confession of sins should also. + </p> + <p id="XP_Q9_A3-p6"> Further, who sinned by himself should, by himself, do penance. But confession is part of penance. Therefore the penitent + should confess his own sins. + </p> + <p id="XP_Q9_A3-p7"> + <b>I answer that,</b> Confession is not only an act of virtue, but also part of a sacrament. Now, though, in so far as it is an act of virtue it + matters not how it is done, even if it be easier to do it in one way than in another, yet, in so far as it is part of a sacrament, + it has a determinate act, just as the other sacraments have a determinate matter. And as in Baptism, in order to signify the + inward washing, we employ that element which is chiefly used in washing, so in the + sacramental act which is intended for manifestation we generally make use of that act which is most commonly employed for + the purpose of manifestation, viz. our own words; for other ways have been introduced as supplementary to this. + </p> + <p id="XP_Q9_A3-p8"> + <b>Reply to Objection 1:</b> Just as in Baptism it is not enough to wash with anything, but it is necessary to wash with a determinate element, so neither + does it suffice, in Penance, to manifest one's sins anyhow, but they must be declared by a determinate act. + </p> + <p id="XP_Q9_A3-p9"> + <b>Reply to Objection 2:</b> It is enough for one who is ignorant of a language, to confess by writing, or by signs, or by an interpreter, because a man + is not bound to do more than he can: although a man is not able or obliged to receive Baptism, except with water, which is + from an entirely external source and is applied to us by another: whereas the act of confession is from within and is performed + by ourselves, so that when we cannot confess in one way, we must confess as we + can. + </p> + <p id="XP_Q9_A3-p10"> + <b>Reply to Objection 3:</b> In the absence of one's own priest, confession may be made even to a layman, so that there is no necessity to confess in + writing, because the act of confession is more essential than the person to whom confession is made. + </p> + <p id="XP_Q9_A3-p11"></p> + <p id="XP_Q9_A3-p12"></p> + <a href="summa.XP_Q9_A2.html"></a> + <a href="summa.XP_Q9_A4.html"></a> + </div> + <div id="XP_Q9_A4" class="div4"> + <a href="summa.XP_Q9_A3.html"></a> + <a href="summa.XP_Q10.html"></a> + <h4 id="XP_Q9_A4-p0.1">Whether the sixteen conditions usually assigned are necessary for confession?</h4> + <p id="XP_Q9_A4-p1"></p> + <p id="XP_Q9_A4-p2"> + <b>Objection 1:</b> It would seem that the conditions assigned by masters, and contained in the following lines, are not requisite for confession: + </p> + <p id="XP_Q9_A4-p3"> Simple, humble, pure, faithful,</p> + <p id="XP_Q9_A4-p4"> Frequent, undisguised, discreet, voluntary,</p> + <p id="XP_Q9_A4-p5"> shamefaced,</p> + <p id="XP_Q9_A4-p6"> Entire, secret, tearful, not delayed,</p> + <p id="XP_Q9_A4-p7"> Courageously accusing, ready to obey.</p> + <p id="XP_Q9_A4-p8">For fidelity, simplicity, and courage are virtues by themselves, and therefore should not be reckoned as conditions of confession.</p> + <p id="XP_Q9_A4-p9"> + <b>Objection 2:</b> Further, a thing is "pure" when it is not mixed with anything else: and "simplicity," in like manner, removes composition + and admixture. Therefore one or the other is superfluous. + </p> + <p id="XP_Q9_A4-p10"> + <b>Objection 3:</b> Further, no one is bound to confess more than once a sin which he has committed but once. Therefore if a man does not commit + a sin again, his penance need not be "frequent." + </p> + <p id="XP_Q9_A4-p11"> + <b>Objection 4:</b> Further, confession is directed to satisfaction. But satisfaction is sometimes public. Therefore confession should not always + be "secret." + </p> + <p id="XP_Q9_A4-p12"> + <b>Objection 5:</b> Further, that which is not in our power is not required of us. But it is not in our power to shed "tears." Therefore it is + not required of those who confess. + </p> + <p id="XP_Q9_A4-p13"> + <b>On the contrary,</b> We have the authority of the masters who assigned the above. + </p> + <p id="XP_Q9_A4-p14"> + <b>I answer that,</b> Some of the above conditions are essential to confession, and some are requisite for its well-being. Now those things which + are essential to confession belong to it either as to an act of virtue, or as to part of a sacrament. If in the first way, + it is either by reason of virtue in general, or by reason of the special virtue of which it is the act, or by reason of the + act itself. Now there are four conditions of virtue in general, as stated in Ethic. ii, 4. + The first is knowledge, in respect of which confession is said to be "discreet," inasmuch as prudence is required in every + act of virtue: and this discretion consists in giving greater weight to greater sins. The second condition is choice, because + acts of virtue should be voluntary, and in this respect confession is said to be "voluntary." The third condition is that + the act be done for a particular purpose, viz. the due end, and in this respect confession is said to be "pure," i.e. with + a + right intention. The fourth condition is that one should act immovably, and in this respect it is said that confession should + be "courageous," viz. that the truth should not be forsaken through shame. + </p> + <p id="XP_Q9_A4-p15"> Now confession is an act of the virtue of penance. First of all it takes its origin in the horror which one conceives for + the shamefulness of sin, and in this respect confession should be "full of shame," so as not to be a boastful account of one's + sins, by reason of some worldly vanity accompanying it. Then it goes on to deplore the sin committed, and in this respect + it is said to be "tearful." Thirdly, it culminates in self-abjection, and in this respect it should be "humble," + so that one confesses one's misery and weakness. + </p> + <p id="XP_Q9_A4-p16"> By reason of its very nature, viz. confession, this act is one of manifestation: which manifestation can be hindered by four + things: first, by falsehood, and in this respect confession is said to be "faithful," i.e. true. Secondly, by the use of vague + words, and against this confession is said to be "open," so as not to be wrapped up in vague words; thirdly, by "multiplicity" + of words, in which respect it is said to be "simple" indicating that the penitent should relate only + such matters as affect the gravity of the sin; fourthly none of those things should be suppressed which should be made known, + and in this respect confession should be "entire." + </p> + <p id="XP_Q9_A4-p17"> In so far as confession is part of a sacrament it is subject to the judgment of the priest who is the minister of the sacrament. + Wherefore it should be an "accusation" on the part of the penitent, should manifest his "readiness to obey" the priest, should + be "secret" as regards the nature of the court wherein the hidden affairs of conscience are tried. + </p> + <p id="XP_Q9_A4-p18"> The well-being of confession requires that it should be "frequent"; and "not delayed," i.e. that the sinner should confess + at once. + </p> + <p id="XP_Q9_A4-p19"> + <b>Reply to Objection 1:</b> There is nothing unreasonable in one virtue being a condition of the act of another virtue, through this act being commanded + by that virtue; or through the mean which belongs to one virtue principally, belonging to other virtues by participation. + </p> + <p id="XP_Q9_A4-p20"> + <b>Reply to Objection 2:</b> The condition "pure" excludes perversity of intention, from which man is cleansed: but the condition "simple" excludes the + introduction of unnecessary matter. + </p> + <p id="XP_Q9_A4-p21"> + <b>Reply to Objection 3:</b> This is not necessary for confession, but is a condition of its well-being. + </p> + <p id="XP_Q9_A4-p22"> + <b>Reply to Objection 4:</b> Confession should be made not publicly but privately, lest others be scandalized, and led to do evil through hearing the + sins confessed. On the other hand, the penance enjoined in satisfaction does not give rise to scandal, since like works of + satisfaction are done sometimes for slight sins, and sometimes for none at all. + </p> + <p id="XP_Q9_A4-p23"> + <b>Reply to Objection 5:</b> We must understand this to refer to tears of the heart. + </p> + <p id="XP_Q9_A4-p24"></p> + <p id="XP_Q9_A4-p25"></p> + <a href="summa.XP_Q9_A3.html"></a> + <a href="summa.XP_Q10.html"></a> + </div> + <a href="summa.XP_Q8_A7.html"></a> + <a href="summa.XP_Q9_A1.html"></a> + </div> + <div id="XP_Q10" class="div3"> + <a href="summa.XP_Q9_A4.html"></a> + <a href="summa.XP_Q10_A1.html"></a> + <h3 id="XP_Q10-p0.1">OF THE EFFECT OF CONFESSION (FIVE ARTICLES)</h3> + <p id="XP_Q10-p1"></p> + <p id="XP_Q10-p2"> We must now consider the effect of confession: under which head there are five points of inquiry:</p> + <p id="XP_Q10-p3"> (1) Whether confession delivers one from the death of sin?</p> + <p id="XP_Q10-p4"> (2) Whether confession delivers one in any way from punishment?</p> + <p id="XP_Q10-p5"> (3) Whether confession opens Paradise to us?</p> + <p id="XP_Q10-p6"> (4) Whether confession gives hope of salvation?</p> + <p id="XP_Q10-p7"> (5) Whether a general confession blots out mortal sins that one has forgotten?</p> + <div id="XP_Q10_A1" class="div4"> + <a href="summa.XP_Q10.html"></a> + <a href="summa.XP_Q10_A2.html"></a> + <h4 id="XP_Q10_A1-p0.1">Whether confession delivers one from the death of sin?</h4> + <p id="XP_Q10_A1-p1"></p> + <p id="XP_Q10_A1-p2"> + <b>Objection 1:</b> It would seem that confession does not deliver one from the death of sin. For confession follows contrition. But contrition + sufficiently blots out guilt. Therefore confession does not deliver one from the death of sin. + </p> + <p id="XP_Q10_A1-p3"> + <b>Objection 2:</b> Further, just as mortal sin is a fault, so is venial. Now confession renders venial that which was mortal before, as stated + in the text (Sent. iv, D, 17). Therefore confession does not blot out guilt, but one guilt is changed into another. + </p> + <p id="XP_Q10_A1-p4"> + <b>On the contrary,</b> Confession is part of the sacrament of Penance. But Penance deliver from guilt. Therefore confession does also. + </p> + <p id="XP_Q10_A1-p5"> + <b>I answer that,</b> Penance, as a sacrament, is perfected chiefly in confession, because by the latter a man submits to the ministers of the + Church, who are the dispensers of the sacraments: for contrition has the desire of confession united thereto, and satisfaction + is enjoined according to the judgment of the priest who hears the confession. And since in the sacrament of Penance, as in + Baptism, that grace is infused whereby sins are forgiven, therefore confession in virtue of + the absolution granted remits guilt, even as Baptism does. Now Baptism delivers one from the death of sin, not only by being + received actually, but also by being received in desire, as is evident with regard to those who approach the sacrament of + Baptism after being already sanctified. And unless a man offers an obstacle, he receives, through the very fact of being baptized, + grace whereby his sins are remitted, if they are not already remitted. The same is to be said of confession, to which + absolution is added because it delivered the penitent from guilt through being previously in his desire. Afterwards at the + time of actual confession and absolution he receives an increase of grace, and forgiveness of sins would also be granted to + him, if his previous sorrow for sin was not sufficient for contrition, and if at the time he offered no obstacle to grace. + Consequently just as it is said of Baptism that it delivers from death, so can it be said of confession. + </p> + <p id="XP_Q10_A1-p6"> + <b>Reply to Objection 1:</b> Contrition has the desire of confession attached to it, and therefore it delivers penitents from death in the same way as + the desire of Baptism delivers those who are going to be baptized. + </p> + <p id="XP_Q10_A1-p7"> + <b>Reply to Objection 2:</b> In the text venial does not designate guilt, but punishment that is easily expiated. and so it does not follow that one guilt + is changed into another but that it is wholly done away. For "venial" is taken in three senses [*Cf. + <a id="XP_Q10_A1-p7.1" shape="rect" href="summa.FS_Q88_A2.html">FS, Q[88], A[2]</a>]: first, for what is venial generically, e.g. an idle word: secondly, for what is venial in its cause, i.e. having within + itself a motive of pardon, e.g. sins due to weakness: thirdly, + for what is venial in the result, in which sense it is understood here, because the result of confession is that man's past + guilt is pardoned. + </p> + <p id="XP_Q10_A1-p8"></p> + <p id="XP_Q10_A1-p9"></p> + <a href="summa.XP_Q10.html"></a> + <a href="summa.XP_Q10_A2.html"></a> + </div> + <div id="XP_Q10_A2" class="div4"> + <a href="summa.XP_Q10_A1.html"></a> + <a href="summa.XP_Q10_A3.html"></a> + <h4 id="XP_Q10_A2-p0.1">Whether confession delivers from punishment in some way?</h4> + <p id="XP_Q10_A2-p1"></p> + <p id="XP_Q10_A2-p2"> + <b>Objection 1:</b> It would seem that confession nowise delivers from punishment. For sin deserves no punishment but what is either eternal + or temporal. Now eternal punishment is remitted by contrition, and temporal punishment by satisfaction. Therefore nothing + of the punishment is remitted by confession. + </p> + <p id="XP_Q10_A2-p3"> + <b>Objection 2:</b> Further, "the will is taken for the deed" [*Cf. Can. Magna Pietas, De Poenit., Dist. i], as stated in the text (Sent. iv, + D, 17). Now he that is contrite has the intention to confess. wherefore his intention avails him as though he had already + confessed, and so the confession which he makes afterwards remits no part of the punishment. + </p> + <p id="XP_Q10_A2-p4"> + <b>On the contrary,</b> Confession is a penal work. But all penal works expiate the punishment due to sin. Therefore confession does also. + </p> + <p id="XP_Q10_A2-p5"> + <b>I answer that,</b> Confession together with absolution has the power to deliver from punishment, for two reasons. First, from the power of absolution + itself: and thus the very desire of absolution delivers a man from eternal punishment, as also from the guilt. Now this punishment + is one of condemnation and total banishment: and when a man is delivered therefrom he still remains bound to a temporal punishment, + in so far as punishment is a cleansing and perfecting remedy; and so + this punishment remains to be suffered in Purgatory by those who also have been delivered from the punishment of hell. Which + temporal punishment is beyond the powers of the penitent dwelling in this world, but is so far diminished by the power of + the keys, that it is within the ability of the penitent, and he is able, by making satisfaction, to cleanse himself in this + life. Secondly, confession diminishes the punishment in virtue of the very nature of the act of the one who confesses, for + this + act has the punishment of shame attached to it, so that the oftener one confesses the same sins, the more is the punishment + diminished. + </p> + <p id="XP_Q10_A2-p6"> This suffices for the Reply to the First Objection.</p> + <p id="XP_Q10_A2-p7"> + <b>Reply to Objection 2:</b> The will is not taken for the deed, if this is done by another, as in the case of Baptism: for the will to receive Baptism + is not worth as much as the reception of Baptism. But a man's will is taken for the deed, when the latter is something done + by him, entirely. Again, this is true of the essential reward, but not of the removal of punishment and the like, which come + under the head of accidental and secondary reward. Consequently one who has + confessed and received absolution will be less punished in Purgatory than one who has gone no further than contrition. + </p> + <p id="XP_Q10_A2-p8"></p> + <p id="XP_Q10_A2-p9"></p> + <a href="summa.XP_Q10_A1.html"></a> + <a href="summa.XP_Q10_A3.html"></a> + </div> + <div id="XP_Q10_A3" class="div4"> + <a href="summa.XP_Q10_A2.html"></a> + <a href="summa.XP_Q10_A4.html"></a> + <h4 id="XP_Q10_A3-p0.1">Whether confession opens paradise?</h4> + <p id="XP_Q10_A3-p1"></p> + <p id="XP_Q10_A3-p2"> + <b>Objection 1:</b> It would seem that confession does not open Paradise. For different sacraments have different effects. But it is the effect + of Baptism to open Paradise. Therefore it is not the effect of confession. + </p> + <p id="XP_Q10_A3-p3"> + <b>Objection 2:</b> Further, it is impossible to enter by a closed door before it be opened. But a dying man can enter heaven before making his + confession. Therefore confession does not open Paradise. + </p> + <p id="XP_Q10_A3-p4"> + <b>On the contrary,</b> Confession makes a man submit to the keys of the Church. But Paradise is opened by those keys. Therefore it is opened by + confession. + </p> + <p id="XP_Q10_A3-p5"> + <b>I answer that,</b> Guilt and the debt of punishment prevent a man from entering into Paradise: and since confession removes these obstacles, + as shown above ( + <a id="XP_Q10_A3-p5.1" shape="rect" href="summa.XP_Q10_A1.html">AA[1]</a>,2), it is said to open Paradise. + </p> + <p id="XP_Q10_A3-p6"> + <b>Reply to Objection 1:</b> Although Baptism and Penance are different sacraments, they act in virtue of Christ's one Passion, whereby a way was opened + unto Paradise. + </p> + <p id="XP_Q10_A3-p7"> + <b>Reply to Objection 2:</b> If the dying man was in mortal sin Paradise was closed to him before he conceived the desire to confess his sin, although + afterwards it was opened by contrition implying a desire for confession, even before he actually confessed. Nevertheless the + obstacle of the debt of punishment was not entirely removed before confession and satisfaction. + </p> + <p id="XP_Q10_A3-p8"></p> + <p id="XP_Q10_A3-p9"></p> + <a href="summa.XP_Q10_A2.html"></a> + <a href="summa.XP_Q10_A4.html"></a> + </div> + <div id="XP_Q10_A4" class="div4"> + <a href="summa.XP_Q10_A3.html"></a> + <a href="summa.XP_Q10_A5.html"></a> + <h4 id="XP_Q10_A4-p0.1">Whether confession gives hope of salvation?</h4> + <p id="XP_Q10_A4-p1"></p> + <p id="XP_Q10_A4-p2"> + <b>Objection 1:</b> It would seem that hope of salvation should not be reckoned an effect of confession. For hope arises from all meritorious + acts. Therefore, seemingly, it is not the proper effect of confession. + </p> + <p id="XP_Q10_A4-p3"> + <b>Objection 2:</b> Further, we arrive at hope through tribulation, as appears from + <a class="scripRef" id="XP_Q10_A4-p3.1" href="./asv.html#Rom.5.3" target="asv"> Rom. 5:3,4.</a> Now man suffers tribulation chiefly in satisfaction. Therefore, satisfaction rather than confession gives hope of salvation. + </p> + <p id="XP_Q10_A4-p4"> + <b>On the contrary,</b>" Confession makes a man more humble and more wary," as the Master states in the text (Sent. iv, D, 17). But the result of + this is that man conceives a hope of salvation. Therefore it is the effect of confession to give hope of salvation. + </p> + <p id="XP_Q10_A4-p5"> + <b>I answer that,</b> We can have no hope for the forgiveness of our sins except through Christ: and since by confession a man submits to the keys + of the Church which derive their power from Christ's Passion, therefore do we say that confession gives hope of salvation. + </p> + <p id="XP_Q10_A4-p6"> + <b>Reply to Objection 1:</b> It is not our actions, but the grace of our Redeemer, that is the principal cause of the hope of salvation: and since confession + relies upon the grace of our Redeemer, it gives hope of salvation, not only as a meritorious act, but also as part of a sacrament. + </p> + <p id="XP_Q10_A4-p7"> + <b>Reply to Objection 2:</b> Tribulation gives hope of salvation, by making us exercise our own virtue, and by paying off the debt of punishment: while + confession does so also in the way mentioned above. + </p> + <p id="XP_Q10_A4-p8"></p> + <p id="XP_Q10_A4-p9"></p> + <a href="summa.XP_Q10_A3.html"></a> + <a href="summa.XP_Q10_A5.html"></a> + </div> + <div id="XP_Q10_A5" class="div4"> + <a href="summa.XP_Q10_A4.html"></a> + <a href="summa.XP_Q11.html"></a> + <h4 id="XP_Q10_A5-p0.1">Whether a general confession suffices to blot out forgotten mortal sins?</h4> + <p id="XP_Q10_A5-p1"></p> + <p id="XP_Q10_A5-p2"> + <b>Objection 1:</b> It would seem that a general confession does not suffice to blot out forgotten mortal sins. For there is no necessity to + confess again a sin which has been blotted out by confession. If, therefore, forgotten sins were forgiven by a general confession, + there would be no need to confess them when they are called to mind. + </p> + <p id="XP_Q10_A5-p3"> + <b>Objection 2:</b> Further, whoever is not conscious of sin, either is not guilty of sin, or has forgotten his sin. If, therefore, mortal sins + are forgiven by a general confession, whoever is not conscious of a mortal sin, can be certain that he is free from mortal + sin, whenever he makes a general confession: which is contrary to what the Apostle says ( + <a class="scripRef" id="XP_Q10_A5-p3.1" href="./asv.html#iCor.4.4" target="asv">1 Cor. 4:4</a>), "I am not conscious to myself of anything, yet am I not hereby justified." + </p> + <p id="XP_Q10_A5-p4"> + <b>Objection 3:</b> Further, no man profits by neglect. Now a man cannot forget a mortal sin without neglect, before it is forgiven him. Therefore + he does not profit by his forgetfulness so that the sin is forgiven him without special mention thereof in confession. + </p> + <p id="XP_Q10_A5-p5"> + <b>Objection 4:</b> Further, that which the penitent knows nothing about is further from his knowledge than that which he has forgotten. Now + a general confession does not blot out sins committed through ignorance, else heretics, who are not aware that certain things + they have done are sinful, and certain simple people, would be absolved by a general confession, which is false. Therefore + a general confession does not take away forgotten sins. + </p> + <p id="XP_Q10_A5-p6"> + <b>On the contrary,</b> It is written ( + <a class="scripRef" id="XP_Q10_A5-p6.1" href="./asv.html#Ps.33.6" target="asv">Ps. 33:6</a>): "Come ye to Him and be enlightened, and your faces shall not be confounded." Now he who confesses all the sins of which + he is conscious, approaches to God as much as he can: nor can more be required for him. Therefore he will not be confounded + by being repelled, but will be forgiven. + </p> + <p id="XP_Q10_A5-p7"> Further, he that confesses is pardoned unless he be insincere. But he who confesses all the sins that he calls to mind, is + not insincere through forgetting some, because he suffers from ignorance of fact, which excuses from sin. Therefore he receives + forgiveness, and then the sins which he has forgotten, are loosened, since it is wicked to hope for half a pardon. + </p> + <p id="XP_Q10_A5-p8"> + <b>I answer that,</b> Confession produces its effect, on the presupposition that there is contrition which blots out guilt: so that confession + is directly ordained to the remission of punishment, which it causes in virtue of the shame which it includes, and by the + power of the keys to which a man submits by confessing. Now it happens sometimes that by previous contrition a sin has been + blotted out as to the guilt, either in a general way (if it was not remembered at the time) or + in particular (and yet is forgotten before confession): and then general sacramental confession works for the remission of + the punishment in virtue of the keys, to which man submits by confessing, provided he offers no obstacle so far as he is concerned: + but so far as the shame of confessing a sin diminishes its punishment, the punishment for the sin for which a man does not + express his shame, through failing to confess it to the priest, is not diminished. + </p> + <p id="XP_Q10_A5-p9"> + <b>Reply to Objection 1:</b> In sacramental confession, not only is absolution required, but also the judgment of the priest who imposes satisfaction + is awaited. Wherefore although the latter has given absolution, nevertheless the penitent is bound to confess in order to + supply what was wanting to the sacramental confession. + </p> + <p id="XP_Q10_A5-p10"> + <b>Reply to Objection 2:</b> As stated above, confession does not produce its effect, unless contrition be presupposed; concerning which no man can know + whether it be true contrition, even as neither can one know for certain if he has grace. Consequently a man cannot know for + certain whether a forgotten sin has been forgiven him in a general confession, although he may think so on account of certain + conjectural signs. + </p> + <p id="XP_Q10_A5-p11"> + <b>Reply to Objection 3:</b> He does not profit by his neglect, since he does not receive such full pardon, as he would otherwise have received, nor is + his merit so great. Moreover he is bound to confess the sin when he calls it to mind. + </p> + <p id="XP_Q10_A5-p12"> + <b>Reply to Objection 4:</b> Ignorance of the law does not excuse, because it is a sin by itself: but ignorance of fact does excuse. Therefore if a man + omits to confess a sin, because he does not know it to be a sin, through ignorance of the Divine law, he is not excused from + insincerity. on the other hand, he would be excused, if he did not know it to be a sin, through being unaware of some particular + circumstance, for instance, if he had knowledge of another's wife, thinking + her his own. Now forgetfulness of an act of sin comes under the head of ignorance of fact, wherefore it excuses from the sin + of insincerity in confession, which is an obstacle to the fruit of absolution and confession. + </p> + <p id="XP_Q10_A5-p13"></p> + <p id="XP_Q10_A5-p14"></p> + <a href="summa.XP_Q10_A4.html"></a> + <a href="summa.XP_Q11.html"></a> + </div> + <a href="summa.XP_Q9_A4.html"></a> + <a href="summa.XP_Q10_A1.html"></a> + </div> + <div id="XP_Q11" class="div3"> + <a href="summa.XP_Q10_A5.html"></a> + <a href="summa.XP_Q11_A1.html"></a> + <h3 id="XP_Q11-p0.1">OF THE SEAL OF CONFESSION (FIVE ARTICLES)</h3> + <p id="XP_Q11-p1"></p> + <p id="XP_Q11-p2"> We must now inquire about the seal of confession, about which there are five points of inquiry:</p> + <p id="XP_Q11-p3"> (1) Whether in every case a man is bound to hide what he knows under the seal of confession?</p> + <p id="XP_Q11-p4"> (2) Whether the seal of confession extends to other matters than those which have reference to confession?</p> + <p id="XP_Q11-p5"> (3) Whether the priest alone is bound by the seal of confession?</p> + <p id="XP_Q11-p6"> (4) Whether, by permission of the penitent, the priest can make known to another, a sin of his which he knew under the seal + of confession? + </p> + <p id="XP_Q11-p7"> (5) Whether he is bound to hide even what he knows through other sources besides?</p> + <div id="XP_Q11_A1" class="div4"> + <a href="summa.XP_Q11.html"></a> + <a href="summa.XP_Q11_A2.html"></a> + <h4 id="XP_Q11_A1-p0.1">Whether in every case the priest is bound to hide the sins which he knows under the seal of confession?</h4> + <p id="XP_Q11_A1-p1"></p> + <p id="XP_Q11_A1-p2"> + <b>Objection 1:</b> It would seem that the priest is not bound in every case to hide the sins which he knows under the seal of confession. For, + as Bernard says (De Proecep. et Dispens. ii), "that which is instituted for the sake of charity does not militate against + charity." Now the secret of confession would militate against charity in certain cases: for instance, if a man knew through + confession that a certain man was a heretic, whom he cannot persuade to desist from misleading + the people; or, in like manner, if a man knew, through confession, that certain people who wish to marry are related to one + another. Therefore such ought to reveal what they know through confession. + </p> + <p id="XP_Q11_A1-p3"> + <b>Objection 2:</b> Further, that which is obligatory solely on account of a precept of the Church need not be observed, if the commandment be + changed to the contrary. Now the secret of confession was introduced solely by a precept of the Church. If therefore the Church + were to prescribe that anyone who knows anything about such and such a sin must make it known, a man that had such knowledge + through confession would be bound to speak. + </p> + <p id="XP_Q11_A1-p4"> + <b>Objection 3:</b> Further, a man is bound to safeguard his conscience rather than the good name of another, because there is order in charity. + Now it happens sometimes that a man by hiding a sin injures his own conscience---for instance, if he be called upon to give + witness of a sin of which he has knowledge through confession, and is forced to swear to tell the truth---or when an abbot + knows through confession the sin of a prior who is subject to him, which sin would be an + occasion of ruin to the latter, if he suffers him to retain his priorship, wherefore he is bound to deprive him of the dignity + of his pastoral charge, and yet in depriving him he seem to divulge the secret of confession. Therefore it seems that in certain + cases it is lawful to reveal a confession. + </p> + <p id="XP_Q11_A1-p5"> + <b>Objection 4:</b> Further, it is possible for a priest through hearing a man's confession to be conscious that the latter is unworthy of ecclesiastical + preferment. Now everyone is bound to prevent the promotion of the unworthy, if it is his business. Since then by raising an + objection he seems to raise a suspicion of sin, and so to reveal the confession somewhat, it seems that it is necessary sometimes + to divulge a confession. + </p> + <p id="XP_Q11_A1-p6"> + <b>On the contrary,</b> The Decretal says (De Poenit. et Remiss., Cap. Omnis utriusque): "Let the priest beware lest he betray the sinner, by word, + or sign, or in any other way whatever." + </p> + <p id="XP_Q11_A1-p7"> Further, the priest should conform himself to God, Whose minister he is. But God does not reveal the sins which are made + known to Him in confession, but hides them. Neither, therefore, should the priest reveal them. + </p> + <p id="XP_Q11_A1-p8"> + <b>I answer that,</b> Those things which are done outwardly in the sacraments are the signs of what takes place inwardly: wherefore confession, + whereby a man subjects himself to a priest, is a sign of the inward submission, whereby one submits to God. Now God hides + the sins of those who submit to Him by Penance; wherefore this also should be signified in the sacrament of Penance, and consequently + the sacrament demands that the confession should remain hidden, and he who divulges + a confession sins by violating the sacrament. Besides this there are other advantages in this secrecy, because thereby men + are more attracted to confession, and confess their sins with greater simplicity. + </p> + <p id="XP_Q11_A1-p9"> + <b>Reply to Objection 1:</b> Some say that the priest is not bound by the seal of confession to hide other sins than those in respect of which the penitent + promises amendment; otherwise he may reveal them to one who can be a help and not a hindrance. But this opinion seems erroneous, + since it is contrary to the truth of the sacrament; for just as, though the person baptized be insincere, yet his Baptism + is a sacrament, and there is no change in the essentials of the sacrament on + that account, so confession does not cease to be sacramental although he that confesses, does not purpose amendment. Therefore, + this notwithstanding, it must be held secret; nor does the seal of confession militate against charity on that account, because + charity does not require a man to find a remedy for a sin which he knows not: and that which is known in confession, is, as + it were, unknown, since a man knows it, not as man, but as God knows it. Nevertheless in the cases quoted one should + apply some kind of remedy, so far as this can be done without divulging the confession, e.g. by admonishing the penitent, + and by watching over the others lest they be corrupted by heresy. He can also tell the prelate to watch over his flock with + great care, yet so as by neither word nor sign to betray the penitent. + </p> + <p id="XP_Q11_A1-p10"> + <b>Reply to Objection 2:</b> The precept concerning the secret of confession follows from the sacrament itself. Wherefore just as the obligation of making + a sacramental confession is of Divine law, so that no human dispensation or command can absolve one therefrom, even so, no + man can be forced or permitted by another man to divulge the secret of confession. Consequently if he be commanded under pain + of excommunication to be incurred "ipso facto," to say whether he knows anything + about such and such a sin, he ought not to say it, because he should assume that the intention of the person in commanding + him thus, was that he should say what he knew as man. And even if he were expressly interrogated about a confession, he ought + to say nothing, nor would he incur the excommunication, for he is not subject to his superior, save as a man, and he knows + this not as a man, but as God knows it. + </p> + <p id="XP_Q11_A1-p11"> + <b>Reply to Objection 3:</b> A man is not called upon to witness except as a man, wherefore without wronging his conscience he can swear that he knows + not, what he knows only as God knows it. In like manner a superior can, without wronging his conscience, leave a sin unpunished + which he knows only as God knows it, or he may forbear to apply a remedy, since he is not bound to apply a remedy, except + according as it comes to his knowledge. Wherefore with regard to matters which come + to his knowledge in the tribunal of Penance, he should apply the remedy, as far as he can, in the same court: thus as to the + case in point, the abbot should advise the prior to resign his office, and if the latter refuse, he can absolve him from the + priorship on some other occasion, yet so as to avoid all suspicion of divulging the confession. + </p> + <p id="XP_Q11_A1-p12"> + <b>Reply to Objection 4:</b> A man is rendered unworthy of ecclesiastical preferment, by many other causes besides sin, for instance, by lack of knowledge, + age, or the like: so that by raising an objection one does not raise a suspicion of crime or divulge the secret of confession. + </p> + <p id="XP_Q11_A1-p13"></p> + <p id="XP_Q11_A1-p14"></p> + <a href="summa.XP_Q11.html"></a> + <a href="summa.XP_Q11_A2.html"></a> + </div> + <div id="XP_Q11_A2" class="div4"> + <a href="summa.XP_Q11_A1.html"></a> + <a href="summa.XP_Q11_A3.html"></a> + <h4 id="XP_Q11_A2-p0.1">Whether the seal of confession extends to other matters than those which have reference to confession?</h4> + <p id="XP_Q11_A2-p1"></p> + <p id="XP_Q11_A2-p2"> + <b>Objection 1:</b> It would seem that the seal of confession extends to other matters besides those which have reference to confession. For + sins alone have reference to confession. Now sometimes besides sins other matters are told which have no reference to confession. + Therefore, since such things are told to the priest, as to God, it seems that the seal of confession extends to them also. + </p> + <p id="XP_Q11_A2-p3"> + <b>Objection 2:</b> Further, sometimes one person tells another a secret, which the latter receives under the seal of confession. Therefore the + seal of confession extends to matters having no relation to confession. + </p> + <p id="XP_Q11_A2-p4"> + <b>On the contrary,</b> The seal of confession is connected with sacramental confession. But those things which are connected with a sacrament, do + not extend outside the bounds of the sacrament. Therefore the seal of confession does not extend to matters other than those + which have reference to sacramental confession. + </p> + <p id="XP_Q11_A2-p5"> + <b>I answer that,</b> The seal of confession does not extend directly to other matters than those which have reference to sacramental confession, + yet indirectly matters also which are not connected with sacramental confession are affected by the seal of confession, those, + for instance, which might lead to the discovery of a sinner or of his sin. Nevertheless these matters also must be most carefully + hidden, both on account of scandal, and to avoid leading others into sin through + their becoming familiar with it. + </p> + <p id="XP_Q11_A2-p6"> This suffices for the Reply to the First Objection.</p> + <p id="XP_Q11_A2-p7"> + <b>Reply to Objection 2:</b> A confidence ought not easily to be accepted in this way: but if it be done the secret must be kept in the way promised, + as though one had the secret through confession, though not through the seal of confession. + </p> + <p id="XP_Q11_A2-p8"></p> + <p id="XP_Q11_A2-p9"></p> + <a href="summa.XP_Q11_A1.html"></a> + <a href="summa.XP_Q11_A3.html"></a> + </div> + <div id="XP_Q11_A3" class="div4"> + <a href="summa.XP_Q11_A2.html"></a> + <a href="summa.XP_Q11_A4.html"></a> + <h4 id="XP_Q11_A3-p0.1">Whether the priest alone is bound by the seal of confession?</h4> + <p id="XP_Q11_A3-p1"></p> + <p id="XP_Q11_A3-p2"> + <b>Objection 1:</b> It would seem that not only the priest is bound by the seal of confession. For sometimes a priest hears a confession through + an interpreter, if there be an urgent reason for so doing. But it seems that the interpreter is bound to keep the confession + secret. Therefore one who is not a priest knows something under the seal of confession. + </p> + <p id="XP_Q11_A3-p3"> + <b>Objection 2:</b> Further, it is possible sometimes in cases of urgency for a layman to hear a confession. But he is bound to secrecy with + regard to those sins, since they are told to him as to God. Therefore not only the priest is bound by the seal of confession. + </p> + <p id="XP_Q11_A3-p4"> + <b>Objection 3:</b> Further, it may happen that a man pretends to be a priest, so that by this deceit he may know what is on another's conscience: + and it would seem that he also sins if he divulges the confession. Therefore not only the priest is bound by the seal of confession. + </p> + <p id="XP_Q11_A3-p5"> + <b>On the contrary,</b> A priest alone is the minister of this sacrament. But the seal of confession is connected with this sacrament. Therefore + the priest alone is bound by the seal of confession. + </p> + <p id="XP_Q11_A3-p6"> Further, the reason why a man is bound to keep secret what he hears in confession, is because he knows them, not as man but + as God knows them. But the priest alone is God's minister. Therefore he alone is bound to secrecy. + </p> + <p id="XP_Q11_A3-p7"> + <b>I answer that,</b> The seal of confession affects the priest as minister of this sacrament: which seal is nothing else than the obligation of + keeping the confession secret, even as the key is the power of absolving. Yet, as one who is not a priest, in a particular + case has a kind of share in the act of the keys, when he hears a confession in a case of urgency, so also does he have a certain + share in the act of the seal of confession, and is bound to secrecy, though, properly + speaking, he is not bound by the seal of confession. + </p> + <p id="XP_Q11_A3-p8"> This suffices for the Replies to the Objections.</p> + <p id="XP_Q11_A3-p9"></p> + <p id="XP_Q11_A3-p10"></p> + <a href="summa.XP_Q11_A2.html"></a> + <a href="summa.XP_Q11_A4.html"></a> + </div> + <div id="XP_Q11_A4" class="div4"> + <a href="summa.XP_Q11_A3.html"></a> + <a href="summa.XP_Q11_A5.html"></a> + <h4 id="XP_Q11_A4-p0.1">Whether by the penitent's permission, a priest may reveal to another a sin which he knows under the seal of confession?</h4> + <p id="XP_Q11_A4-p1"></p> + <p id="XP_Q11_A4-p2"> + <b>Objection 1:</b> It would seem that a priest may not, by the penitent's permission, reveal to another a sin which he knows under the seal + of confession. For an inferior may not do what his superior may not. Now the Pope cannot give permission for anyone to divulge + a sin which he knows through confession. Neither therefore can the penitent give him such a permission. + </p> + <p id="XP_Q11_A4-p3"> + <b>Objection 2:</b> Further, that which is instituted for the common good of the Church cannot be changed at the will of an individual. Now the + secrecy of confession was instituted for the good of the whole Church, in order that men might have greater confidence in + approaching the confessional. Therefore the penitent cannot allow the priest to divulge his confession. + </p> + <p id="XP_Q11_A4-p4"> + <b>Objection 3:</b> Further, if the priest could grant such a permission, this would seem to palliate the wickedness of bad priests, for they + might pretend to have received the permission and so they might sin with impunity, which would be unbecoming. Therefore it + seems that the penitent cannot grant this permission. + </p> + <p id="XP_Q11_A4-p5"> + <b>Objection 4:</b> Further, the one to whom this sin is divulged does not know that sin under the seal of confession, so that he may publish + a sin which is already blotted out, which is unbecoming. Therefore this permission cannot be granted. + </p> + <p id="XP_Q11_A4-p6"> + <b>On the contrary,</b> If the sinner consent, a superior may refer him by letter to an inferior priest. Therefore with the consent of the penitent, + the priest may reveal a sin of his to another. + </p> + <p id="XP_Q11_A4-p7"> Further, whosoever can do a thing of his own authority, can do it through another. But the penitent can by his own authority + reveal his sin to another. Therefore he can do it through the priest. + </p> + <p id="XP_Q11_A4-p8"> I answer that There are two reasons for which the priest is bound to keep a sin secret: first and chiefly, because this very + secrecy is essential to the sacrament, in so far as the priest knows that sin, as it is known to God, Whose place he holds + in confession: secondly, in order to avoid scandal. Now the penitent can make the priest know, as a man, what he knew before + only as God knows it, and he does this when he allows him to divulge it: so that if the priest does reveal it, + he does not break the seal of confession. Nevertheless he should beware of giving scandal by revealing the sin, lest he be + deemed to have broken the seal. + </p> + <p id="XP_Q11_A4-p9"> + <b>Reply to Objection 1:</b> The Pope cannot permit a priest to divulge a sin, because he cannot make him to know it as a man, whereas he that has confessed + it, can. + </p> + <p id="XP_Q11_A4-p10"> + <b>Reply to Objection 2:</b> When that is told which was known through another source, that which is instituted for the common good is not done away with, + because the seal of confession is not broken. + </p> + <p id="XP_Q11_A4-p11"> + <b>Reply to Objection 3:</b> This does not bestow impunity on wicked priests, because they are in danger of having to prove that they had the penitent's + permission to reveal the sin, if they should be accused of the contrary. + </p> + <p id="XP_Q11_A4-p12"> + <b>Reply to Objection 4:</b> He that is informed of a sin through the priest with the penitent's consent, shares in an act of the priest's, so that the + same applies to him as to an interpreter, unless perchance the penitent wish him to know it unconditionally and freely. + </p> + <p id="XP_Q11_A4-p13"></p> + <p id="XP_Q11_A4-p14"></p> + <a href="summa.XP_Q11_A3.html"></a> + <a href="summa.XP_Q11_A5.html"></a> + </div> + <div id="XP_Q11_A5" class="div4"> + <a href="summa.XP_Q11_A4.html"></a> + <a href="summa.XP_Q12.html"></a> + <h4 id="XP_Q11_A5-p0.1">Whether a man may reveal that which he knows through confession and through some other source besides?</h4> + <p id="XP_Q11_A5-p1"></p> + <p id="XP_Q11_A5-p2"> + <b>Objection 1:</b> It would seem that a man may not reveal what he knows through confession and through some other source besides. For the seal + of confession is not broken unless one reveals a sin known through confession. If therefore a man divulges a sin which he + knows through confession, no matter how he knows it otherwise, he seems to break the seal. + </p> + <p id="XP_Q11_A5-p3"> + <b>Objection 2:</b> Further, whoever hears someone's confession, is under obligation to him not to divulge his sins. Now if one were to promise + someone to keep something secret, he would be bound to do so, even if he knew it through some other source. Therefore a man + is bound to keep secret what he knows through the confession, no matter how he knows it otherwise. + </p> + <p id="XP_Q11_A5-p4"> + <b>Objection 3:</b> Further, the stronger of two things draws the other to itself. Now the knowledge whereby a man knows a sin as God knows it, + is stronger and more excellent than the knowledge whereby he knows a sin as man. Therefore it draws the latter to itself: + and consequently a man cannot reveal that sin, because this is demanded by his knowing it as God knows it. + </p> + <p id="XP_Q11_A5-p5"> + <b>Objection 4:</b> Further, the secrecy of confession was instituted in order to avoid scandal, and to prevent men being shy of going to confession. + But if a man might say what he had heard in confession, though he knew it otherwise, scandal would result all the same. Therefore + he can nowise say what he has heard. + </p> + <p id="XP_Q11_A5-p6"> + <b>On the contrary,</b> No one can put another under a new obligation, unless he be his superior, who can bind him by a precept. Now he who knew + of a sin by witnessing it was not bound to keep it secret. Therefore he that confesses to him, not being his superior, cannot + put him under an obligation of secrecy by confessing to him. + </p> + <p id="XP_Q11_A5-p7"> Further, the justice of the Church would be hindered if a man, in order to escape a sentence of excommunication, incurred + on account of some sin, of which he has been convicted, were to confess to the person who has to sentence him. Now the execution + of justice falls under a precept. Therefore a man is not bound to keep a sin secret, which he has heard in confession, but + knows from some other source. + </p> + <p id="XP_Q11_A5-p8"> + <b>I answer that,</b> There are three opinions about this question. For some say that a man can by no means tell another what he has heard in confession, + even if he knew it from some other source either before or after the confession: while others assert that the confession debars + him from speaking of what he knew already, but not from saying what he knew afterwards and in another way. Now both these + opinions, by exaggerating the seal of confession, are prejudicial to the truth + and to the safeguarding of justice. For a man might be more inclined to sin, if he had no fear of being accused by his confessor + supposing that he repeated the sin in his presence: and furthermore it would be most prejudicial to justice if a man could + not bear witness to a deed which he has seen committed again after being confessed to him. Nor does it matter that, as some + say, he ought to declare that he cannot keep it secret, for he cannot make such a declaration until the sin has already + been confessed to him, and then every priest could, if he wished, divulge a sin, by making such a declaration, if this made + him free to divulge it. Consequently there is a third and truer opinion, viz. that what a man knows through another source + either before or after confession, he is not bound to keep secret, in so far as he knows it as a man, for he can say: "I know + so end so since I saw it." But he is bound to keep it secret in so far as he knows it as God knows it, for he cannot say: + "I + heard so and so in confession." Nevertheless, on account of the scandal he should refrain from speaking of it unless there + is an urgent reason. + </p> + <p id="XP_Q11_A5-p9"> + <b>Reply to Objection 1:</b> If a man says that he has seen what he has heard in the confessional, he does not reveal what he heard in confession, save + indirectly: even as one who knows something through hearing and seeing it, does not, properly speaking, divulge what he saw, + if he says he heard it, but only indirectly, because he says he has heard what he incidentally saw. Wherefore he does not + break the seal of confession. + </p> + <p id="XP_Q11_A5-p10"> + <b>Reply to Objection 2:</b> The confessor is not forbidden to reveal a sin simply, but to reveal it as heard in confession: for in no case is he allowed + to say that he has heard it in the confessional. + </p> + <p id="XP_Q11_A5-p11"> + <b>Reply to Objection 3:</b> This is true of things that are in opposition to one another: whereas to know a sin as God knows it, and to know it as man + knows it, are not in opposition; so that the argument proves nothing. + </p> + <p id="XP_Q11_A5-p12"> + <b>Reply to Objection 4:</b> It would not be right to avoid scandal so as to desert justice: for the truth should not be gainsayed for fear of scandal. + Wherefore when justice and truth are in the balance, a man should not be deterred by the fear of giving scandal, from divulging + what he has heard in confession, provided he knows it from some other source: although he ought to avoid giving scandal, as + far as he is able. + </p> + <p id="XP_Q11_A5-p13"></p> + <p id="XP_Q11_A5-p14"></p> + <a href="summa.XP_Q11_A4.html"></a> + <a href="summa.XP_Q12.html"></a> + </div> + <a href="summa.XP_Q10_A5.html"></a> + <a href="summa.XP_Q11_A1.html"></a> + </div> + <div id="XP_Q12" class="div3"> + <a href="summa.XP_Q11_A5.html"></a> + <a href="summa.XP_Q12_A1.html"></a> + <h3 id="XP_Q12-p0.1">OF SATISFACTION, AS TO ITS NATURE (THREE ARTICLES)</h3> + <p id="XP_Q12-p1"></p> + <p id="XP_Q12-p2"> We must now consider satisfaction; about which four things have to be considered: (1) Its nature; (2) Its possibility; (3) + Its quality; (4) The means whereby man offers satisfaction to God. + </p> + <p id="XP_Q12-p3"> Under the first head there are three points of inquiry:</p> + <p id="XP_Q12-p4"> (1) Whether satisfaction is a virtue or an act of virtue?</p> + <p id="XP_Q12-p5"> (2) Whether it is an act of justice?</p> + <p id="XP_Q12-p6"> (3) Whether the definition of satisfaction contained in the text is suitable?</p> + <div id="XP_Q12_A1" class="div4"> + <a href="summa.XP_Q12.html"></a> + <a href="summa.XP_Q12_A2.html"></a> + <h4 id="XP_Q12_A1-p0.1">Whether satisfaction is a virtue or an act of virtue?</h4> + <p id="XP_Q12_A1-p1"></p> + <p id="XP_Q12_A1-p2"> + <b>Objection 1:</b> It would seem that satisfaction is neither a virtue nor an act of virtue. For every act of virtue is meritorious; whereas, + seemingly, satisfaction is not, since merit is gratuitous, while satisfaction answers to a debt. Therefore satisfaction is + not an act of virtue. + </p> + <p id="XP_Q12_A1-p3"> + <b>Objection 2:</b> Further, every act of virtue is voluntary. But sometimes a man has to make satisfaction for something against his will, as + when anyone is punished by the judge for an offense against another. Therefore satisfaction is not an act of virtue. + </p> + <p id="XP_Q12_A1-p4"> + <b>Objection 3:</b> Further, according to the Philosopher (Ethic. viii, 13): "Choice holds the chief place in moral virtue." But satisfaction + is not an act of choice but regards chiefly external works. Therefore it is not an act of virtue. + </p> + <p id="XP_Q12_A1-p5"> + <b>On the contrary,</b> Satisfaction belongs to penance. Now penance is a virtue. Therefore satisfaction is also an act of virtue. + </p> + <p id="XP_Q12_A1-p6"> Further, none but an act of virtue has the effect of blotting out sin, for one contrary is destroyed by the other. Now satisfaction + destroys sin altogether. Therefore it is an act of virtue. + </p> + <p id="XP_Q12_A1-p7"> + <b>I answer that,</b> An act is said to be the act of a virtue in two ways. First, materially; and thus any act which implies no malice, or defect + of a due circumstance, may be called an act of virtue, because virtue can make use of any such act for its end, e.g. to walk, + to speak, and so forth. Secondly, an act is said to belong to a virtue formally, because its very name implies the form and + nature of virtue; thus to suffer courageously is an act of courage. Now the formal + element in every moral virtue is the observance of a mean. wherefore every act that implies the observance of a mean is formally + an act of virtue. And since equality is the mean implied in the name of satisfaction (for a thing is said to be satisfied + by reason of an equal proportion to something), it is evident that satisfaction also is formally an act of virtue. + </p> + <p id="XP_Q12_A1-p8"> + <b>Reply to Objection 1:</b> Although to make satisfaction is due in itself, yet, in so far as the deed is done voluntarily by the one who offers satisfaction, + it becomes something gratuitous on the part of the agent, so that he makes a virtue of necessity. For debt diminishes merit + through being necessary and consequently against the will, so that if the will consent to the necessity, the element of merit + is not forfeited. + </p> + <p id="XP_Q12_A1-p9"> + <b>Reply to Objection 2:</b> An act of virtue demands voluntariness not in the patient but in the agent, for it is his act. Consequently since he on whom + the judge wreaks vengeance is the patient and not the agent as regards satisfaction, it follows that satisfaction should be + voluntary not in him but in the judge as agent. + </p> + <p id="XP_Q12_A1-p10"> + <b>Reply to Objection 3:</b> The chief element of virtue can be understood in two ways. First, as being the chief element of virtue as virtue, and thus + the chief element of virtue denotes whatever belongs to the nature of virtue or is most akin thereto; thus choice and other + internal acts hold the chief place in virtue. Secondly, the chief element of virtue may be taken as denoting that which holds + the first place in such and such a virtue; and then the first place belongs to + that which gives its determination. Now the interior act, in certain virtues, is determined by some external act, since choice, + which is common to all virtues, becomes proper to such and such a virtue through being directed to such and such an act. Thus + it is that external acts hold the chief place in certain virtues; and this is the case with satisfaction. + </p> + <p id="XP_Q12_A1-p11"></p> + <p id="XP_Q12_A1-p12"></p> + <a href="summa.XP_Q12.html"></a> + <a href="summa.XP_Q12_A2.html"></a> + </div> + <div id="XP_Q12_A2" class="div4"> + <a href="summa.XP_Q12_A1.html"></a> + <a href="summa.XP_Q12_A3.html"></a> + <h4 id="XP_Q12_A2-p0.1">Whether satisfaction is an act of justice?</h4> + <p id="XP_Q12_A2-p1"></p> + <p id="XP_Q12_A2-p2"> + <b>Objection 1:</b> It would seem that satisfaction is not an act of justice. Because the purpose of satisfaction is that one may be reconciled + to the person offended. But reconciliation, being an act of love, belongs to charity. Therefore satisfaction is an act of + charity and not of justice. + </p> + <p id="XP_Q12_A2-p3"> + <b>Objection 2:</b> Further, the causes of sin in us are the passions of the soul, which incline us to evil. But justice, according to the Philosopher + (Ethic. v, 2,3), is not about passions, but about operations. Since therefore satisfaction aims at removing the causes of + sin, as stated in the text (Sent. iv, D, 15), it seems that it is not an act of justice. + </p> + <p id="XP_Q12_A2-p4"> + <b>Objection 3:</b> Further, to be careful about the future is not an act of justice but of prudence of which caution is a part. But it belongs + to satisfaction, "to give no opening to the suggestions of sin" [*Cf. XP/Q[12]/A[3]/OBJ[1]]. Therefore satisfaction is not + an act of justice. + </p> + <p id="XP_Q12_A2-p5"> + <b>On the contrary,</b> No virtue but justice considers the notion of that which is due. But satisfaction gives due honor to God, as Anselm states + (Cur Deus Homo i). Therefore satisfaction is an act of justice. + </p> + <p id="XP_Q12_A2-p6"> Further, no virtue save justice establishes equality between external things. But this is done by satisfaction which establishes + equality between amendment and the previous offense. Therefore satisfaction is an act of justice. + </p> + <p id="XP_Q12_A2-p7"> + <b>I answer that,</b> According to the Philosopher (Ethic. v, 3,4), the mean of justice is considered with regard to an equation between thing + and thing according to a certain proportion. Wherefore, since the very name of satisfaction implies an equation of the kind, + because the adverb "satis" [enough] denotes an equality of proportion, it is evident that satisfaction is formally an act + of justice. Now the act of justice, according to the Philosopher (Ethic. v, 2,4), is either an + act done by one man to another, as when a man pays another what he owes him, or an act done by one man between two others, + as when a judge does justice between two men. When it is an act of justice of one man to another, the equality is set up in + the agent, while when it is something done between two others, the equality is set up in the subject that has suffered an + injustice. And since satisfaction expresses equality in the agent, it denotes, properly speaking, an act of justice of one + man to + another. Now a man may do justice to another either in actions and passions or in external things; even as one may do an injustice + to another, either by taking something away, or by a hurtful action. And since to give is to use an external thing, the act + of justice, in so far as it establishes equality between external things, signifies, properly speaking, a giving back: but + to make satisfaction clearly points to equality between actions, although sometimes one is put for the other. Now + equalization concerns only such things as are unequal, wherefore satisfaction presupposes inequality among actions, which + inequality constitutes an offense; so that satisfaction regards a previous offense. But no part of justice regards a previous + offense, except vindictive justice, which establishes equality indifferently, whether the patient be the same subject as the + agent, as when anyone punishes himself, or whether they be distinct, as when a judge punishes another man, since vindictive + justice deals with both cases. The same applies to penance, which implies equality in the agent only, since it is the penitent + who holds to the penance [poenam tenet], so that penance is in a way a species of vindictive justice. This proves that satisfaction, + which implies equality in the agent with respect to a previous offense, is a work of justice, as to that part which is called + penance. + </p> + <p id="XP_Q12_A2-p8"> + <b>Reply to Objection 1:</b> Satisfaction, as appears from what has been said, is compensation for injury inflicted. Wherefore as the injury inflicted + entailed of itself an inequality of justice, and consequently an inequality opposed to friendship, so satisfaction brings + back directly equality of justice, and consequently equality of friendship. And since an act is elicited by the habit to whose + end it is immediately directed, but is commanded by that habit to whose end it is + directed ultimately, hence satisfaction is elicited by justice but is commanded by charity. + </p> + <p id="XP_Q12_A2-p9"> + <b>Reply to Objection 2:</b> Although justice is chiefly about operations, yet it is consequently about passions, in so far as they are the causes of + operations. Wherefore as justice curbs anger, lest it inflict an unjust injury on another, and concupiscence from invading + another's marriage right, so satisfaction removes the causes of other sins. + </p> + <p id="XP_Q12_A2-p10"> + <b>Reply to Objection 3:</b> Each moral virtue shares in the act of prudence, because this virtue completes in it the conditions essential to virtue, + since each moral virtue takes its mean according to the ruling of prudence, as is evident from the definition of virtue given + in Ethic. ii, 6. + </p> + <p id="XP_Q12_A2-p11"></p> + <p id="XP_Q12_A2-p12"></p> + <a href="summa.XP_Q12_A1.html"></a> + <a href="summa.XP_Q12_A3.html"></a> + </div> + <div id="XP_Q12_A3" class="div4"> + <a href="summa.XP_Q12_A2.html"></a> + <a href="summa.XP_Q13.html"></a> + <h4 id="XP_Q12_A3-p0.1">Whether the definition of satisfaction given in the text is suitable?</h4> + <p id="XP_Q12_A3-p1"></p> + <p id="XP_Q12_A3-p2"> + <b>Objection 1:</b> It would seem that the definition of satisfaction given in the text (Sent. iv, D, 15) and quoted from Augustine [*Gennadius + Massiliensis, De Eccl. Dogm. liv] is unsuitable---viz. that "satisfaction is to uproot the causes of sins, and to give no + opening to the suggestions thereof." For the cause of actual sin is the fomes. [*"Fomes" signifies literally "fuel," and metaphorically, + "incentive." As used by the theologian, it denotes the quasi-material element and + effect of original sin, and sometimes goes under the name of "concupiscence," Cf. + <a id="XP_Q12_A3-p2.1" shape="rect" href="summa.FS_Q82_A3.html">FS, Q[82], A[3]</a>.] But we cannot remove the "fomes" in this life. Therefore satisfaction does not consist in removing the causes of sins. + </p> + <p id="XP_Q12_A3-p3"> + <b>Objection 2:</b> Further, the cause of sin is stronger than sin itself. But man by himself cannot remove sin. Much less therefore can he remove + the cause of sin; and so the same conclusion follows. + </p> + <p id="XP_Q12_A3-p4"> + <b>Objection 3:</b> Further, since satisfaction is a part of Penance, it regards the past and not the future. Now "to give no opening to the + suggestions of sin" regards the future. Therefore it should not be put in the definition of satisfaction. + </p> + <p id="XP_Q12_A3-p5"> + <b>Objection 4:</b> Further, satisfaction regards a past offense. Yet no mention is made of this. Therefore the definition of satisfaction is + unsuitable. + </p> + <p id="XP_Q12_A3-p6"> + <b>Objection 5:</b> Further, Anselm gives another definition (Cur Deus homo i): "Satisfaction consists in giving God due honor," wherein no reference + is made to the things mentioned by Augustine [*Gennadius, OBJ[1]] in this definition. Therefore one or the other is unsuitable. + </p> + <p id="XP_Q12_A3-p7"> + <b>Objection 6:</b> Further, an innocent man can give due honor to God: whereas satisfaction is not compatible with innocence. Therefore Anselm's + definition is faulty. + </p> + <p id="XP_Q12_A3-p8"> + <b>I answer that,</b> Justice aims not only at removing inequality already existing, by punishing the past fault, but also at safeguarding equality + for the future, because according to the Philosopher (Ethic. ii, 3) "punishments are medicinal." Wherefore satisfaction which + is the act of justice inflicting punishment, is a medicine healing past sins and preserving from future sins: so that when + one man makes satisfaction to another, he offers compensation for the past, and takes + heed for the future. Accordingly satisfaction may be defined in two ways, first with regard to past sin, which it heals by + making compensation, and thus it is defined as "compensation for an inflicted injury according to the equality of justice." + The definition of Anselm amounts to the same, for he says that "satisfaction consists in giving God due honor"; where duty + is considered in respect of the sin committed. Secondly, satisfaction may be defined, considered as preserving us from future + sins; and as Augustine (Cf. OBJ[1]) defines it. Now preservation from bodily sickness is assured by removing the causes from + which the sickness may ensue, for if they be taken away the sickness cannot follow. But it is not thus in spiritual diseases, + for the free-will cannot be forced, so that even in the presence of their causes, they can, though with difficulty, be avoided, + while they can be incurred even when their causes are removed. Hence he puts two things in the definition of + satisfaction, viz. removal of the causes, as to the first, and the free-will's refusal to sin. + </p> + <p id="XP_Q12_A3-p9"> + <b>Reply to Objection 1:</b> By "causes" we must understand the proximate causes of actual sin, which are twofold: viz. the lust of sin through the habit + or act of a sin that has been given up, and those things which are called the remnants of past sin; and external occasions + of sin, such as place, bad company and so forth. Such causes are removed by satisfaction in this life, albeit the "fomes," + which is the remote cause of actual sin, is not entirely removed by satisfaction in + this life though it is weakened. + </p> + <p id="XP_Q12_A3-p10"> + <b>Reply to Objection 2:</b> Since the cause of evil or of privation (according as it has a cause) is nothing else than a defective good, and since it + is easier to destroy good than to set it up, it follows that it is easier to uproot the causes of privation and of evil than + to remove the evil itself, which can only be removed by setting up good, as may be seen in the case of blindness and its causes. + Yet the aforesaid are not sufficient causes of sin, for sin does not, of + necessity, ensue therefrom, but they are occasions of sin. Nor again can satisfaction be made without God's help, since it + is not possible without charity, as we shall state further on ( + <a id="XP_Q12_A3-p10.1" shape="rect" href="summa.XP_Q14_A2.html">Q[14], A[2]</a>). + </p> + <p id="XP_Q12_A3-p11"> + <b>Reply to Objection 3:</b> Although Penance was primarily instituted and intended with a view to the past, yet, as a consequence, it regards the future, + in so far as it is a safeguarding remedy; and the same applies to satisfaction. + </p> + <p id="XP_Q12_A3-p12"> + <b>Reply to Objection 4:</b> Augustine [*Gennadius Massiliensis, De Eccl. Dogm. liv] defined satisfaction, as made to God, from Whom, in reality, nothing + can be taken, though the sinner, for his own part, takes something away. Consequently in such like satisfaction, amendment + for future time is of greater weight than compensation for the past. Hence Augustine defines satisfaction from this point + of view. And yet it is possible to gauge the compensation for the past from the heed + taken for the future, for the latter regards the same object as the former, but in the opposite way: since when looking at + the past we detest the causes of sins on account of the sins themselves, which are the starting-point of the movement of detestation: + whereas when taking heed of the future, we begin from the causes, that by their removal we may avoid sins the more easily. + </p> + <p id="XP_Q12_A3-p13"> + <b>Reply to Objection 5:</b> There is no reason why the same thing should not be described in different ways according to the various things found in + it: and such is the case here, as explained above. + </p> + <p id="XP_Q12_A3-p14"> + <b>Reply to Objection 6:</b> By debt is meant the debt we owe to God by reason of the sins we have committed, because Penance regards a debt, as stated + above + <a id="XP_Q12_A3-p14.1" shape="rect" href="summa.XP_Q12_A2.html">(A[2])</a>. + </p> + <p id="XP_Q12_A3-p15"></p> + <p id="XP_Q12_A3-p16"></p> + <a href="summa.XP_Q12_A2.html"></a> + <a href="summa.XP_Q13.html"></a> + </div> + <a href="summa.XP_Q11_A5.html"></a> + <a href="summa.XP_Q12_A1.html"></a> + </div> + <div id="XP_Q13" class="div3"> + <a href="summa.XP_Q12_A3.html"></a> + <a href="summa.XP_Q13_A1.html"></a> + <h3 id="XP_Q13-p0.1">OF THE POSSIBILITY OF SATISFACTION (TWO ARTICLES)</h3> + <p id="XP_Q13-p1"></p> + <p id="XP_Q13-p2"> We must now consider the possibility of satisfaction, under which head there are two points of inquiry:</p> + <p id="XP_Q13-p3"> (1) Whether man can make satisfaction to God?</p> + <p id="XP_Q13-p4"> (2) Whether one man can make satisfaction for another?</p> + <div id="XP_Q13_A1" class="div4"> + <a href="summa.XP_Q13.html"></a> + <a href="summa.XP_Q13_A2.html"></a> + <h4 id="XP_Q13_A1-p0.1">Whether man can make satisfaction to God?</h4> + <p id="XP_Q13_A1-p1"></p> + <p id="XP_Q13_A1-p2"> + <b>Objection 1:</b> It would seem that man cannot make satisfaction to God. For satisfaction should balance the offense, as shown above ( + <a id="XP_Q13_A1-p2.1" shape="rect" href="summa.XP_Q12_A2.html">Q[12], AA[2]</a>,3). But an offense against God is infinite, since it is measured by the person against whom it is committed, for it is a + greater offense to strike a prince than anyone else. Therefore, as no action of man can be infinite, it seems that he cannot + make satisfaction to God. + </p> + <p id="XP_Q13_A1-p3"> + <b>Objection 2:</b> Further, a slave cannot make compensation for a debt, since all that he has is his master's. But we are the slaves of God, + and whatever good we have, we owe to Him. Therefore, as satisfaction is compensation for a past offense, it seems that we + cannot offer it to God. + </p> + <p id="XP_Q13_A1-p4"> + <b>Objection 3:</b> Further, if all that a man has suffices not to pay one debt, he cannot pay another debt. Now all that man is, all that he + can do, and all that he has, does not suffice to pay what he owes for the blessing of creation, wherefore it is written ( + <a class="scripRef" id="XP_Q13_A1-p4.1" href="./asv.html#Isa.40.16" target="asv">Is. 40:16</a>) that "the wood of Libanus shall not be enough for a burnt offering [*Vulg.: 'Libanus shall not be enough to burn, nor the + beasts thereof for a burnt offering']." Therefore by no means can + he make satisfaction for the debt resulting from the offense committed. + </p> + <p id="XP_Q13_A1-p5"> + <b>Objection 4:</b> Further, man is bound to spend all his time in the service of God. Now time once lost cannot be recovered, wherefore, as + Seneca observes (Lib. i, Ep. i, ad Lucilium) loss of time is a very grievous matter. Therefore man cannot make compensation + to God, and the same conclusion follows as before. + </p> + <p id="XP_Q13_A1-p6"> + <b>Objection 5:</b> Further, mortal actual sin is more grievous than original sin. But none could satisfy for original sin unless he were both + God and man. Neither, therefore, can he satisfy for actual sin. + </p> + <p id="XP_Q13_A1-p7"> + <b>On the contrary,</b> Jerome [*Pelagius, Expos. Fidei ad Damasum] says: "Whoever maintains that God has commanded anything impossible to man, let + him be anathema." But satisfaction is commanded ( + <a class="scripRef" id="XP_Q13_A1-p7.1" href="./asv.html#Luke.3.8" target="asv">Lk. 3:8</a>): "Bring forth . . . fruits worthy of penance." Therefore it is possible to make satisfaction to God. + </p> + <p id="XP_Q13_A1-p8"> Further, God is more merciful than any man. But it is possible to make satisfaction to a man. Therefore it is possible to + make satisfaction to God. + </p> + <p id="XP_Q13_A1-p9"> Further, there is due satisfaction when the punishment balances the fault, since "justice is the same as counterpassion," + as the Pythagoreans said [*Aristotle, Ethic. v, 5; Cf. + <a id="XP_Q13_A1-p9.1" shape="rect" href="summa.SS_Q61_A4.html">SS, Q[61], A[4]</a>]. Now punishment may equal the pleasure contained in a sin committed. Therefore satisfaction can be made to God. + </p> + <p id="XP_Q13_A1-p10"> + <b>I answer that,</b> Man becomes God's debtor in two ways; first, by reason of favors received, secondly, by reason of sin committed: and just + as thanksgiving or worship or the like regard the debt for favors received, so satisfaction regards the debt for sin committed. + Now in giving honor to one's parents or to the gods, as indeed the Philosopher says (Ethic. viii, 14), it is impossible to + repay them measure for measure, but it suffices that man repay as much as he can, for + friendship does not demand measure for measure, but what is possible. Yet even this is equal somewhat, viz. according to proportion, + for as the debt due to God is, in comparison with God, so is what man can do, in comparison with himself, so that in another + way the form of justice is preserved. It is the same as regards satisfaction. Consequently man cannot make satisfaction to + God if "satis" [enough] denotes quantitative equality; but he can, if it denote proportionate equality, as explained + above, and as this suffices for justice, so does it suffice for satisfaction. + </p> + <p id="XP_Q13_A1-p11"> + <b>Reply to Objection 1:</b> Just as the offense derived a certain infinity from the infinity of the Divine majesty, so does satisfaction derive a certain + infinity from the infinity of Divine mercy, in so far as it is quickened by grace, whereby whatever man is able to repay becomes + acceptable. Others, however, say that the offense is infinite as regards the aversion, and in this respect it is pardoned + gratuitously, but that it is finite as turning to a mutable good, in which + respect it is possible to make satisfaction for it. But this is not to the point, since satisfaction does not answer to sin, + except as this is an offense against God, which is a matter, not of turning to a creature but of turning away from God. Others + again say that even as regards the aversion it is possible to make satisfaction for sin in virtue of Christ's merit, which + was, in a way, infinite. And this comes to the same as what we said before, since grace is given to believers through faith + in the Mediator. If, however, He were to give grace otherwise, satisfaction would suffice in the way explained above. + </p> + <p id="XP_Q13_A1-p12"> + <b>Reply to Objection 2:</b> Man, who was made to God's image, has a certain share of liberty, in so far as he is master of his actions through his free-will; + so that, through acting by his free-will, he can make satisfaction to God, for though it belongs to God, in so far as it was + bestowed on him by God, yet it was freely bestowed on him, that he might be his own master, which cannot be said of a slave. + </p> + <p id="XP_Q13_A1-p13"> + <b>Reply to Objection 3:</b> This argument proves that it is impossible to make equivalent satisfaction to God, but not that it is impossible to make + sufficient satisfaction to Him. For though man owes God all that he is able to give Him, yet it is not necessary for his salvation + that he should actually do the whole of what he is able to do, for it is impossible for him, according to his present state + of life, to put forth his whole power into any one single thing, since he has + to be heedful about many things. And so his conduct is subject to a certain measure, viz. the fulfillment of God's commandments, + over and above which he can offer something by way of satisfaction. + </p> + <p id="XP_Q13_A1-p14"> + <b>Reply to Objection 4:</b> Though man cannot recover the time that is past, he can in the time that follows make compensation for what he should have + done in the past, since the commandment did not exact from him the fulfillment of his whole power, as stated above (ad 3). + </p> + <p id="XP_Q13_A1-p15"> + <b>Reply to Objection 5:</b> Though original sin has less of the nature of sin than actual sin has, yet it is a more grievous evil, because it is an infection + of human nature itself, so that, unlike actual sin, it could not be expiated by the satisfaction of a mere man. + </p> + <p id="XP_Q13_A1-p16"></p> + <p id="XP_Q13_A1-p17"></p> + <a href="summa.XP_Q13.html"></a> + <a href="summa.XP_Q13_A2.html"></a> + </div> + <div id="XP_Q13_A2" class="div4"> + <a href="summa.XP_Q13_A1.html"></a> + <a href="summa.XP_Q14.html"></a> + <h4 id="XP_Q13_A2-p0.1">Whether one man can fulfill satisfactory punishment for another? </h4> + <p id="XP_Q13_A2-p1"></p> + <p id="XP_Q13_A2-p2"> + <b>Objection 1:</b> It would seem that one man cannot fulfill satisfactory punishment for another. Because merit is requisite for satisfaction. + Now one man cannot merit or demerit for another, since it is written ( + <a class="scripRef" id="XP_Q13_A2-p2.1" href="./asv.html#Ps.61.12" target="asv">Ps. 61:12</a>): "Thou wilt render to every man according to his works." Therefore one man cannot make satisfaction for another. + </p> + <p id="XP_Q13_A2-p3"> + <b>Objection 2:</b> Further, satisfaction is condivided with contrition and confession. But one man cannot be contrite or confess for another. + Neither therefore can one make satisfaction for another. + </p> + <p id="XP_Q13_A2-p4"> + <b>Objection 3:</b> Further, by praying for another one merits also for oneself. If therefore a man can make satisfaction for another, he satisfies + for himself by satisfying for another, so that if a man satisfy for another he need not make satisfaction for his own sins. + </p> + <p id="XP_Q13_A2-p5"> + <b>Objection 4:</b> Further, if one can satisfy for another, as soon as he takes the debt of punishment on himself, this other is freed from + his debt. Therefore the latter will go straight to heaven, if he die after the whole of his debt of punishment has been taken + up by another; else, if he be punished all the same, a double punishment will be paid for the same sin, viz. by him who has + begun to make satisfaction, and by him who is punished in Purgatory. + </p> + <p id="XP_Q13_A2-p6"> + <b>On the contrary,</b> It is written ( + <a class="scripRef" id="XP_Q13_A2-p6.1" href="./asv.html#Gal.6.2" target="asv">Gal. 6:2</a>): "Bear ye one another's burdens." Therefore it seems that one can bear the burden of punishment laid upon another. + </p> + <p id="XP_Q13_A2-p7"> Further, charity avails more before God than before man. Now before man, one can pay another's debt for love of him. Much + more, therefore, can this be done before the judgment seat of God. + </p> + <p id="XP_Q13_A2-p8"> + <b>I answer that,</b> Satisfactory punishment has a twofold purpose, viz. to pay the debt, and to serve as a remedy for the avoidance of sin. Accordingly, + as a remedy against future sin, the satisfaction of one does not profit another, for the flesh of one man is not tamed by + another's fast; nor does one man acquire the habit of well-doing, through the actions of another, except accidentally, in + so far as a man, by his good actions, may merit an increase of grace for another, + since grace is the most efficacious remedy for the avoidance of sin. But this is by way of merit rather than of satisfaction. + on the other hand, as regards the payment of the debt, one man can satisfy for another, provided he be in a state of charity, + so that his works may avail for satisfaction. Nor is it necessary that he who satisfies for another should undergo a greater + punishment than the principal would have to undergo (as some maintain, who argue that a man profits more by his own + punishment than by another's), because punishment derives its power of satisfaction chiefly from charity whereby man bears + it. And since greater charity is evidenced by a man satisfying for another than for himself, less punishment is required of + him who satisfies for another, than of the principal: wherefore we read in the Lives of the Fathers (v, 5) of one who for + love of his brother did penance for a sin which his brother had not committed, and that on account of his charity his brother + was + released from a sin which he had committed. Nor is it necessary that the one for whom satisfaction is made should be unable + to make satisfaction himself, for even if he were able, he would be released from his debt when the other satisfied in his + stead. But this is necessary in so far as the satisfactory punishment is medicinal: so that a man is not to be allowed to + do penance for another, unless there be evidence of some defect in the penitent, either bodily, so that he is unable to bear + it, + or spiritual, so that he is not ready to undergo it. + </p> + <p id="XP_Q13_A2-p9"> + <b>Reply to Objection 1:</b> The essential reward is bestowed on a man according to his disposition, because the fulness of the sight of God will be according + to the capacity of those who see Him. Wherefore just as one man is not disposed thereto by another's act, so one man does + not merit the essential reward for another, unless his merit has infinite efficacy, as the merit of Christ, whereby children + come to eternal life through Baptism. On the other hand, the temporal + punishment due to sin after the guilt has been forgiven is not measured according to the disposition of the man to whom it + is due, since sometimes the better man owes a greater debt of punishment. Consequently one man can merit for another as regards + release from punishment, and one man's act becomes another's, by means of charity whereby we are "all one in Christ" ( + <a class="scripRef" id="XP_Q13_A2-p9.1" href="./asv.html#Gal.3.28" target="asv">Gal. 3:28</a>). + </p> + <p id="XP_Q13_A2-p10"> + <b>Reply to Objection 2:</b> Contrition is ordained against the guilt which affects a man's disposition to goodness or malice, so that one man is not + freed from guilt by another's contrition. In like manner by confession a man submits to the sacraments of the Church: nor + can one man receive a sacrament instead of another, since in a sacrament grace is given to the recipient, not to another. + Consequently there is no comparison between satisfaction and contrition and + confession. + </p> + <p id="XP_Q13_A2-p11"> + <b>Reply to Objection 3:</b> In the payment of the debt we consider the measure of the punishment, whereas in merit we regard the root which is charity: + wherefore he that, through charity, merits for another, at least congruously, merits more for himself; yet he that satisfies + for another does not also satisfy for himself, because the measure of the punishment does not suffice for the sins of both, + although by satisfying for another he merits something greater than the release + from punishment, viz. eternal life. + </p> + <p id="XP_Q13_A2-p12"> + <b>Reply to Objection 4:</b> If this man bound himself to undergo a certain punishment, he would not be released from the debt before paying it: wherefore + he himself will suffer the punishment, as long as the other makes satisfaction for him: and if he do not this, then both are + debtors in respect of fulfilling this punishment, one for the sin committed, the other for his omission, so that it does not + follow that one sin is twice punished. + </p> + <p id="XP_Q13_A2-p13"></p> + <p id="XP_Q13_A2-p14"></p> + <a href="summa.XP_Q13_A1.html"></a> + <a href="summa.XP_Q14.html"></a> + </div> + <a href="summa.XP_Q12_A3.html"></a> + <a href="summa.XP_Q13_A1.html"></a> + </div> + <div id="XP_Q14" class="div3"> + <a href="summa.XP_Q13_A2.html"></a> + <a href="summa.XP_Q14_A1.html"></a> + <h3 id="XP_Q14-p0.1">OF THE QUALITY OF SATISFACTION (FIVE ARTICLES) </h3> + <p id="XP_Q14-p1"></p> + <p id="XP_Q14-p2"> We must now consider the quality of satisfaction, under which head there are five points of inquiry:</p> + <p id="XP_Q14-p3"> (1) Whether a man can satisfy for one sin without satisfying for another?</p> + <p id="XP_Q14-p4"> (2) Whether if a man fall into sin after being contrite for all his sins, he can, now that he has lost charity, satisfy for + his other sins which were pardoned him through his contrition? + </p> + <p id="XP_Q14-p5"> (3) Whether a man's previous satisfaction begins to avail when he recovers charity?</p> + <p id="XP_Q14-p6"> (4) Whether works done without charity merit any good?</p> + <p id="XP_Q14-p7"> (5) Whether such works avail for the mitigation of the pains of hell?</p> + <div id="XP_Q14_A1" class="div4"> + <a href="summa.XP_Q14.html"></a> + <a href="summa.XP_Q14_A2.html"></a> + <h4 id="XP_Q14_A1-p0.1">Whether a man can satisfy for one sin without satisfying for another?</h4> + <p id="XP_Q14_A1-p1"></p> + <p id="XP_Q14_A1-p2"> + <b>Objection 1:</b> It would seem that a man can satisfy for one sin without satisfying for another. Because when several things are not connected + together one can be taken away without another. Now sins are not connected together, else whoever had one would have them + all. Therefore one sin can be expiated by satisfaction, without another. + </p> + <p id="XP_Q14_A1-p3"> + <b>Objection 2:</b> Further, God is more merciful than man. But man accepts the payment of one debt without the payment of another. Therefore + God accepts satisfaction for one sin without the other. + </p> + <p id="XP_Q14_A1-p4"> + <b>Objection 3:</b> Further, as stated in the text (Sent. iv, D, 15), "satisfaction is to uproot the causes of sin, and give no opening to the + suggestions thereof." Now this can be done with regard to one sin and not another, as when a mall curbs his lust and perseveres + in covetousness. Therefore we can make satisfaction for one sin without satisfying for another. + </p> + <p id="XP_Q14_A1-p5"> + <b>On the contrary,</b> The fast of those who fasted "for debates and strifes" ( + <a class="scripRef" id="XP_Q14_A1-p5.1" href="./asv.html#Isa.58.4" target="asv">Is. 58:4,5</a>) was not acceptable to God, though fasting be a work of satisfaction. Now satisfaction cannot be made save by works that + are acceptable to God. Therefore he that has a sin on his conscience cannot make satisfaction to God. + </p> + <p id="XP_Q14_A1-p6"> Further, satisfaction is a remedy for the healing of past sins, and for preserving from future sins, as stated above ( + <a id="XP_Q14_A1-p6.1" shape="rect" href="summa.XP_Q12_A3.html">Q[12], A[3]</a>). But without grace it is impossible to avoid sins. Therefore, since each sin excludes grace, it is not possible to make + satisfaction for one sin and not for another. + </p> + <p id="XP_Q14_A1-p7"> + <b>I answer that,</b> Some have held that it is possible to make satisfaction for one sin and not for another, as the Master states (Sent. iv, + D, 15). But this cannot be. For since the previous offense has to be removed by satisfaction, the mode of satisfaction must + needs be consistent with the removal of the offense. Now removal of offense is renewal of friendship: wherefore if there be + anything to hinder the renewal of friendship there can be no satisfaction. Since, therefore, + every sin is a hindrance to the friendship of charity, which is the friendship of man for God, it is impossible for man to + make satisfaction for one sin while holding to another: even as neither would a man make satisfaction to another for a blow, + if while throwing himself at his feet he were to give him another. + </p> + <p id="XP_Q14_A1-p8"> + <b>Reply to Objection 1:</b> As sins are not connected together in some single one, a man can incur one without incurring another; whereas all sins are + remitted by reason of one same thing, so that the remissions of various sins are connected together. Consequently satisfaction + cannot be made for one and not for another. + </p> + <p id="XP_Q14_A1-p9"> + <b>Reply to Objection 2:</b> When a man is under obligation to another by reason of a debt, the only inequality between them is that which is opposed + to justice, so that for restitution nothing further is required than that the equality of justice should be reinstated, and + this can be done in respect of one debt without another. But when the obligation is based on an offense, there is inequality + not only of justice but also of friendship, so that for the offense to be removed by + satisfaction, not only must the equality of justice be restored by the payment of a punishment equal to the offense, but also + the equality of friendship must be reinstated, which is impossible so long as an obstacle to friendship remains. + </p> + <p id="XP_Q14_A1-p10"> + <b>Reply to Objection 3:</b> By its weight, one sin drags us down to another, as Gregory says (Moral. xxv): so that when a man holds to one sin, he does + not sufficiently cut himself off from the causes of further sin. + </p> + <p id="XP_Q14_A1-p11"></p> + <p id="XP_Q14_A1-p12"></p> + <a href="summa.XP_Q14.html"></a> + <a href="summa.XP_Q14_A2.html"></a> + </div> + <div id="XP_Q14_A2" class="div4"> + <a href="summa.XP_Q14_A1.html"></a> + <a href="summa.XP_Q14_A3.html"></a> + <h4 id="XP_Q14_A2-p0.1">Whether, when deprived of charity, a man can make satisfaction for sins for which he was previously contrite?</h4> + <p id="XP_Q14_A2-p1"></p> + <p id="XP_Q14_A2-p2"> + <b>Objection 1:</b> It would seem that if a man fall into sin after being contrite for all his sins, he can, now that he has lost charity, satisfy + for his other sins which were already pardoned him through his contrition. For Daniel said to Nabuchodonosor ( + <a class="scripRef" id="XP_Q14_A2-p2.1" href="./asv.html#Dan.4.24" target="asv">Dan. 4:24</a>): "Redeem thou thy sins with alms." Yet he was still a sinner, as is shown by his subsequent punishment. Therefore a man + can make satisfaction while in a state of sin. + </p> + <p id="XP_Q14_A2-p3"> + <b>Objection 2:</b> Further, "Man knoweth not whether he be worthy of love or hatred" ( + <a class="scripRef" id="XP_Q14_A2-p3.1" href="./asv.html#Eccl.9.1" target="asv">Eccles. 9:1</a>). If therefore one cannot make satisfaction unless one be in a state of charity, it would be impossible to know whether one + had made satisfaction, which would be unseemly. + </p> + <p id="XP_Q14_A2-p4"> + <b>Objection 3:</b> Further, a man's entire action takes its form from the intention which he had at the beginning. But a penitent is in a state + of charity when he begins to repent. Therefore his whole subsequent satisfaction will derive its efficacy from the charity + which quickens his intention. + </p> + <p id="XP_Q14_A2-p5"> + <b>Objection 4:</b> Further, satisfaction consists in a certain equalization of guilt to punishment. But these things can be equalized even in + one who is devoid of charity. Therefore, etc. + </p> + <p id="XP_Q14_A2-p6"> + <b>On the contrary,</b> "Charity covereth all sins" ( + <a class="scripRef" id="XP_Q14_A2-p6.1" href="./asv.html#Prov.10.12" target="asv">Prov. 10:12</a>). But satisfaction has the power of blotting out sins. Therefore it is powerless without charity. + </p> + <p id="XP_Q14_A2-p7"> Further, the chief work of satisfaction is almsdeeds. But alms given by one who is devoid of charity avail nothing, as is + clearly stated + <a class="scripRef" id="XP_Q14_A2-p7.1" href="./asv.html#iCor.13.3" target="asv">1 Cor. 13:3</a>, "If I should distribute all my goods to feed the poor . . . and have not charity, it profiteth me nothing." Therefore there + can be no satisfaction with mortal sin. + </p> + <p id="XP_Q14_A2-p8"> + <b>I answer that,</b> Some have said that if, when all a man's sins have been pardoned through contrition, and before he has made satisfaction + for them, he falls into sin, and then makes satisfaction, such satisfaction will be valid, so that if he die in that sin, + he will not be punished in hell for the other sins. + </p> + <p id="XP_Q14_A2-p9"> But this cannot be, because satisfaction requires the reinstatement of friendship and the restoration of the equality of + justice, the contrary of which destroys friendship, as the Philosopher states (Ethic. ix, 1,3). Now in satisfaction made to + God, the equality is based, not on equivalence but rather on God's acceptation: so that, although the offense be already removed + by previous contrition, the works of satisfaction must be acceptable to God, and for this they are dependent + on charity. Consequently works done without charity are not satisfactory. + </p> + <p id="XP_Q14_A2-p10"> + <b>Reply to Objection 1:</b> Daniel's advice meant that he should give up sin and repent, and so make satisfaction by giving alms. + </p> + <p id="XP_Q14_A2-p11"> + <b>Reply to Objection 2:</b> Even as man knows not for certain whether he had charity when making satisfaction, or whether he has it now, so too he knows + not for certain whether he made full satisfaction: wherefore it is written ( + <a class="scripRef" id="XP_Q14_A2-p11.1" href="./asv.html#Sir.5.5" target="asv">Ecclus. 5:5</a>): "Be not without fear about sin forgiven." And yet man need not, on account of that fear, repeat the satisfaction made, + if he is not conscious of a mortal sin. For although he may not have expiated his punishment by that + satisfaction, he does not incur the guilt of omission through neglecting to make satisfaction; even as he who receives the + Eucharist without being conscious of a mortal sin of which he is guilty, does not incur the guilt of receiving unworthily. + </p> + <p id="XP_Q14_A2-p12"> + <b>Reply to Objection 3:</b> His intention was interrupted by his subsequent sin, so that it gives no virtue to the works done after that sin. + </p> + <p id="XP_Q14_A2-p13"> + <b>Reply to Objection 4:</b> Sufficient equalization is impossible both as to the Divine acceptation and as to equivalence: so that the argument proves + nothing. + </p> + <p id="XP_Q14_A2-p14"></p> + <p id="XP_Q14_A2-p15"></p> + <a href="summa.XP_Q14_A1.html"></a> + <a href="summa.XP_Q14_A3.html"></a> + </div> + <div id="XP_Q14_A3" class="div4"> + <a href="summa.XP_Q14_A2.html"></a> + <a href="summa.XP_Q14_A4.html"></a> + <h4 id="XP_Q14_A3-p0.1">Whether previous satisfaction begins to avail after man is restored to charity? </h4> + <p id="XP_Q14_A3-p1"></p> + <p id="XP_Q14_A3-p2"> + <b>Objection 1:</b> It would seem that when a man has recovered charity his previous satisfaction begins to avail, because a gloss on + <a class="scripRef" id="XP_Q14_A3-p2.1" href="./asv.html#Lev.25.25" target="asv"> Lev. 25:25, </a> "If thy brother being impoverished," etc., says that "the fruit of a man's good works should be counted from the time when + he sinned." But they would not be counted, unless they derived some efficacy from his subsequent charity. Therefore they begin + to avail after he recovers charity. + </p> + <p id="XP_Q14_A3-p3"> + <b>Objection 2:</b> Further, as the efficacy of satisfaction is hindered by sin, so the efficacy of Baptism is hindered by insincerity. Now Baptism + begins to avail when insincerity ceases. Therefore satisfaction begins to avail when sin is taken away. + </p> + <p id="XP_Q14_A3-p4"> + <b>Objection 3:</b> Further, if a man is given as a penance for the sins he has committed, to fast for several days, and then, after falling + again into sin, he completes his penance, he is not told, when he goes to confession a second time, to fast once again. But + he would be told to do so, if he did not fulfill his duty of satisfaction by them. Therefore his previous works become valid + unto satisfaction, through his subsequent repentance. + </p> + <p id="XP_Q14_A3-p5"> + <b>On the contrary,</b> Works done without charity were not satisfactory, through being dead works. But they are not quickened by penance. Therefore + they do not begin to be satisfactory. + </p> + <p id="XP_Q14_A3-p6"> Further, charity does not quicken a work, unless in some way that work proceeds therefrom. But works cannot be acceptable + to God, and therefore cannot be satisfactory, unless they be quickened by charity. Since then the works done without charity, + in no way proceeded from charity, nor ever can proceed therefrom, they can by no means count towards satisfaction. + </p> + <p id="XP_Q14_A3-p7"> + <b>I answer that,</b> Some have said that works done while in a state of charity, which are called living works, are meritorious in respect of + eternal life, and satisfactory in respect of paying off the debt of punishment; and that by subsequent charity, works done + without charity are quickened so as to be satisfactory, but not so as to be meritorious of eternal life. But this is impossible, + because works done in charity produce both these effects for the same reason, viz. + because they are pleasing to God: wherefore just as charity by its advent cannot make works done without charity to be pleasing + in one respect, so neither can it make them pleasing in the other respect. + </p> + <p id="XP_Q14_A3-p8"> + <b>Reply to Objection 1:</b> This means that the fruits are reckoned, not from the time when he was first in sin, but from the time when he ceased to + sin, when, to wit, he was last in sin; unless he was contrite as soon as he had sinned, and did many good actions before he + confessed. Or we may say that the greater the contrition the more it alleviates the punishment, and the more good actions + a man does while in sin, the more he disposes himself to the grace of contrition, so + that it is probable that he owes a smaller debt of punishment. For this reason the priest should use discretion in taking + them into account, so as to give him a lighter penance, according as he finds him better disposed. + </p> + <p id="XP_Q14_A3-p9"> + <b>Reply to Objection 2:</b> Baptism imprints a character on the soul, whereas satisfaction does not. Hence on the advent of charity, which removes both + insincerity and sin, it causes Baptism to have its effect, whereas it does not do this for satisfaction. Moreover Baptism + confers justification in virtue of the deed [ex opere operato] which is not man's deed but God's, wherefore it does not become + a lifeless deed as satisfaction does, which is a deed of man. + </p> + <p id="XP_Q14_A3-p10"> + <b>Reply to Objection 3:</b> Sometimes satisfaction is such as to leave an effect in the person who makes satisfaction, even after the act of satisfaction + has been done; thus fasting leaves the body weak, and almsdeeds result in a diminution of a person's substance, and so on. + In such cases there is no need to repeat the works of satisfaction if they have been done while in a state of sin, because + through penance they are acceptable to God in the result they leave behind. But + when a work of satisfaction leaves behind no effect in the person that does satisfaction, it needs to be repeated, as in the + case of prayer and so forth. Interior works, since they pass away altogether, are nowise quickened, and must be repeated. + </p> + <p id="XP_Q14_A3-p11"></p> + <p id="XP_Q14_A3-p12"></p> + <a href="summa.XP_Q14_A2.html"></a> + <a href="summa.XP_Q14_A4.html"></a> + </div> + <div id="XP_Q14_A4" class="div4"> + <a href="summa.XP_Q14_A3.html"></a> + <a href="summa.XP_Q14_A5.html"></a> + <h4 id="XP_Q14_A4-p0.1">Whether works done without charity merit any, at least temporal, good?</h4> + <p id="XP_Q14_A4-p1"></p> + <p id="XP_Q14_A4-p2"> + <b>Objection 1:</b> It would seem that works done without charity merit some, at least a temporal, good. For as punishment is to the evil act, + so is reward to a good act. Now no evil deed is unpunished by God the just judge. Therefore no good deed is unrewarded, and + so every good deed merits some good. + </p> + <p id="XP_Q14_A4-p3"> + <b>Objection 2:</b> Further, reward is not given except for merit. Now some reward is given for works done without charity, wherefore it is written + ( + <a class="scripRef" id="XP_Q14_A4-p3.1" href="./asv.html#Matt.6.2" target="asv">Mat. 6:2</a>, + <a class="scripRef" id="XP_Q14_A4-p3.2" href="./asv.html#Matt.6.5" target="asv">5</a>, + <a class="scripRef" id="XP_Q14_A4-p3.3" href="./asv.html#Matt.6.16" target="asv">16</a>) of those who do good actions for the sake of human glory, that "they have received their reward." Therefore those works + merit some good. + </p> + <p id="XP_Q14_A4-p4"> + <b>Objection 3:</b> Further, if there be two men both in sin, one of whom does many deeds that are good in themselves and in their circumstances, + while the other does none, they are not equally near to the reception of good things from Gods else the latter need not be + advised to do any good deeds. Now he that is nearer to God receives more of His good things. Therefore the former, on account + of his good works, merits some good from God. + </p> + <p id="XP_Q14_A4-p5"> + <b>On the contrary,</b> Augustine says that "the sinner is not worthy of the bread he eats." Therefore he cannot merit anything from God. + </p> + <p id="XP_Q14_A4-p6"> Further, he that is nothing, can merit nothing. But a sinner, through not having charity, is nothing in respect of spiritual + being, according to + <a class="scripRef" id="XP_Q14_A4-p6.1" href="./asv.html#iCor.13.2" target="asv">1 Cor. 13:2.</a> Therefore he can merit nothing. + </p> + <p id="XP_Q14_A4-p7"> + <b>I answer that,</b> Properly speaking a merit is an action on account of which it is just that the agent should be given something. Now justice + is twofold: first, there is justice properly so called, which regards something due on the part of the recipient. Secondly, + there is metaphorical justice, so to speak, which regards something due on the part of the giver, for it may be right for + the giver to give something to which the receiver has no claim. In this sense the "fitness + of the Divine goodness" is justice; thus Anselm says (Proslog. x) that "God is just when He spares the sinner, because this + is befitting." And in this way merit is also twofold. The first is an act in respect of which the agent himself has a claim + to receive something, and this is called merit of "condignity." The second is an act the result of which is that there is + a duty of giving in the giver by reason of fittingness, wherefore it is called merit of "congruity." Now since in all gratuitous + givings, the primary reason of the giving is love, it is impossible for anyone, properly speaking, to lay claim to a gift, + if he lack friendship. Wherefore, as all things, whether temporal or eternal, are bestowed on us by the bounty of God, no + one can acquire a claim to any of them, save through charity towards God: so that works done without charity are not condignly + meritorious of any good from God either eternal or temporal. But since it is befitting the goodness of God, that wherever + He + finds a disposition He should grant the perfection, a man is said to merit congruously some good by means of good works done + without charity. Accordingly suchlike works avail for a threefold good, acquisition of temporal goods, disposition to grace, + habituation to good works. Since, however, this is not merit properly so called, we should grant that such works are not meritorious + of any good, rather than that they are. + </p> + <p id="XP_Q14_A4-p8"> + <b>Reply to Objection 1:</b> As the Philosopher states (Ethic. viii, 14), since no matter what a son may do, he can never give back to his father the + equal of what he has received from him a father can never become his son's debtor: and much less can man make God his debtor + on account of equivalence of work. Consequently no work of ours can merit a reward by reason of its measure of goodness, but + it can by reason of charity, which makes friends hold their possessions in common. + Therefore, no matter how good a work may be, if it be done without charity, it does not give man a claim to receive anything + from God. On the other hand, an evil deed deserves an equivalent punishment according to the measure of its malice, because + no evil has been done to us on the part of God, like the good which He has done. Therefore, although an evil deed deserves + condign punishment, nevertheless a good deed without charity does not merit condign reward. + </p> + <p id="XP_Q14_A4-p9"> Reply OBJ 2 and 3: These arguments consider merit of congruity; while the other arguments consider merit of condignity.</p> + <p id="XP_Q14_A4-p10"></p> + <p id="XP_Q14_A4-p11"></p> + <a href="summa.XP_Q14_A3.html"></a> + <a href="summa.XP_Q14_A5.html"></a> + </div> + <div id="XP_Q14_A5" class="div4"> + <a href="summa.XP_Q14_A4.html"></a> + <a href="summa.XP_Q15.html"></a> + <h4 id="XP_Q14_A5-p0.1">Whether the aforesaid works avail for the mitigation of the pains of hell?</h4> + <p id="XP_Q14_A5-p1"></p> + <p id="XP_Q14_A5-p2"> + <b>Objection 1:</b> It would seem that the aforesaid works do not avail for the mitigation of the pains of hell. For the measure of punishment + in hell will answer to the measure of guilt. But works done without charity do not diminish the measure of guilt. Neither, + therefore, do they lessen the pains of hell. + </p> + <p id="XP_Q14_A5-p3"> + <b>Objection 2:</b> Further, the pain of hell, though infinite in duration, is nevertheless finite in intensity. Now anything finite is done + away with by finite subtraction. If therefore works done without charity canceled any of the punishment due for sins, those + works might be so numerous, that the pain of hell would be done away with altogether: which is false. + </p> + <p id="XP_Q14_A5-p4"> + <b>Objection 3:</b> Further, the suffrages of the Church are more efficacious than works done without charity. But, according to Augustine (Enchiridion + cx), "the suffrages of the Church do not profit the damned in hell." Much less therefore are those pains mitigated by works + done without charity. + </p> + <p id="XP_Q14_A5-p5"> + <b>On the contrary,</b> Augustine also says (Enchiridion cx): "Whomsoever they profit, either receive a full pardon, or at least find damnation itself + more tolerable." + </p> + <p id="XP_Q14_A5-p6"> Further, it is a greater thing to do a good deed than to omit an evil deed. But the omission of an evil deed always avoids + a punishment, even in one who lacks charity. Much more, therefore, do good deeds void punishment. + </p> + <p id="XP_Q14_A5-p7"> + <b>I answer that,</b> Mitigation of the pains of hell can be understood in two ways: first, as though one were delivered from the punishment which + he already deserved, and thus, since no one is delivered from punishment unless he be absolved from guilt, (for an effect + is not diminished or taken away unless its cause be diminished or taken away), the pain of hell cannot be mitigated by works + done without charity, since they are unable to remove or diminish guilt. Secondly, so that + the demerit of punishment is hindered; and thus the aforesaid works diminish the pain of hell---first because he who does + such works escapes being guilty of omitting them---secondly, because such works dispose one somewhat to good, so that a man + sins from less contempt, and indeed is drawn away from many sins thereby. + </p> + <p id="XP_Q14_A5-p8"> These works do, however merit a diminution or postponement of temporal punishment, as in the case of Achab ( + <a class="scripRef" id="XP_Q14_A5-p8.1" href="./asv.html#." target="asv">3 Kings 21:27, </a> seqq.), as also the acquisition of temporal goods. + </p> + <p id="XP_Q14_A5-p9"> Some, however, say that they mitigate the pains of hell, not by subtracting any of their substance, but by strengthening + the subject, so that he is more able to bear them. But this is impossible, because there is no strengthening without a diminution + of passibility. Now passibility is according to the measure of guilt, wherefore if guilt is not removed, neither can the subject + be strengthened. + </p> + <p id="XP_Q14_A5-p10"> Some again say that the punishment is mitigated as to the remorse of conscience, though not as to the pain of fire. But neither + will this stand, because as the pain of fire is equal to the guilt, so also is the pain of the remorse of conscience: so that + what applies to one applies to the other. + </p> + <p id="XP_Q14_A5-p11"> This suffices for the Replies to the Objections.</p> + <p id="XP_Q14_A5-p12"></p> + <p id="XP_Q14_A5-p13"></p> + <a href="summa.XP_Q14_A4.html"></a> + <a href="summa.XP_Q15.html"></a> + </div> + <a href="summa.XP_Q13_A2.html"></a> + <a href="summa.XP_Q14_A1.html"></a> + </div> + <div id="XP_Q15" class="div3"> + <a href="summa.XP_Q14_A5.html"></a> + <a href="summa.XP_Q15_A1.html"></a> + <h3 id="XP_Q15-p0.1">OF THE MEANS OF MAKING SATISFACTION (THREE ARTICLES)</h3> + <p id="XP_Q15-p1"></p> + <p id="XP_Q15-p2"> We must now consider the means of making satisfaction, under which head there are three points of inquiry:</p> + <p id="XP_Q15-p3"> (1) Whether satisfaction must be made by means of penal works?</p> + <p id="XP_Q15-p4"> (2) Whether the scourges whereby God punishes man in this life, are satisfactory?</p> + <p id="XP_Q15-p5"> (3) Whether the works of satisfaction are suitably reckoned, by saying that there are three, viz. almsdeeds, fasting, and + prayer? + </p> + <div id="XP_Q15_A1" class="div4"> + <a href="summa.XP_Q15.html"></a> + <a href="summa.XP_Q15_A2.html"></a> + <h4 id="XP_Q15_A1-p0.1">Whether satisfaction must be made by means of penal works?</h4> + <p id="XP_Q15_A1-p1"></p> + <p id="XP_Q15_A1-p2"> + <b>Objection 1:</b> It would seem that satisfaction need not be made by means of penal works. For satisfaction should make compensation for the + offense committed against God. Now, seemingly, no compensation is given to God by penal works, for God does not delight in + our sufferings, as appears from + <a class="scripRef" id="XP_Q15_A1-p2.1" href="./asv.html#Tob.3.22" target="asv"> Tob. 3:22.</a> Therefore satisfaction need not be made by means of penal works. + </p> + <p id="XP_Q15_A1-p3"> + <b>Objection 2:</b> Further, the greater the charity from which a work proceeds, the less penal is that work, for "charity hath no pain [*Vulg.: + 'Perfect charity casteth out fear, because fear hath pain']" according to + <a class="scripRef" id="XP_Q15_A1-p3.1" href="./asv.html#iJohn.4.18" target="asv">1 Jn. 4:18</a>. If therefore works of satisfaction need to be penal, the more they proceed from charity, the less satisfactory will they + be: which is false. + </p> + <p id="XP_Q15_A1-p4"> + <b>Objection 3:</b> Further, "Satisfaction," as Anselm states (Cur Deus homo i) "consists in giving due honor to God." But this can be done by + other means than penal works. Therefore satisfaction needs not to be made by means of penal works. + </p> + <p id="XP_Q15_A1-p5"> + <b>On the contrary,</b> Gregory says (Hom. in Evang. xx): "It is just that the sinner, by his repentance, should inflict on himself so much the greater + suffering, as he has brought greater harm on himself by his sin." + </p> + <p id="XP_Q15_A1-p6"> Further, the wound caused by sin should be perfectly healed by satisfaction. Now punishment is the remedy for sins, as the + Philosopher says (Ethic. ii, 3). Therefore satisfaction should be made by means of penal works. + </p> + <p id="XP_Q15_A1-p7"> + <b>I answer that,</b> As stated above ( + <a id="XP_Q15_A1-p7.1" shape="rect" href="summa.XP_Q12_A3.html">Q[12], A[3]</a>), satisfaction regards both the past offense, for which compensation is made by its means, and also future sin wherefrom + we are preserved thereby: and in both respects satisfaction needs to be made by means of penal works. For compensation for + an offense implies equality, which must needs be between the offender and the person whom he offends. Now equalization in + human justice consists in taking away from + one that which he has too much of, and giving it to the person from whom something has been taken. And, although nothing can + be taken away from God, so far as He is concerned, yet the sinner, for his part, deprives Him of something by sinning as stated + above ( + <a id="XP_Q15_A1-p7.2" shape="rect" href="summa.XP_Q12_A3.html">Q[12], AA[3]</a>,4). Consequently, in order that compensation be made, something by way of satisfaction that may conduce to the glory of God + must be taken away from the sinner. Now a good work, as such, does not + deprive the agent of anything, but perfects him: so that the deprivation cannot be effected by a good work unless it be penal. + Therefore, in order that a work be satisfactory it needs to be good that it may conduce to God's honor, and it must be penal, + so that something may be taken away from the sinner thereby. + </p> + <p id="XP_Q15_A1-p8"> Again punishment preserves from future sin, because a man does not easily fall back into sin when he has had experience of + the punishment. Wherefore, according to the Philosopher (Ethic. ii, 3) punishments are medicinal. + </p> + <p id="XP_Q15_A1-p9"> + <b>Reply to Objection 1:</b> Though God does not delight in our punishments as such, yet He does, in so far as they are just, and thus they can be satisfactory. + </p> + <p id="XP_Q15_A1-p10"> + <b>Reply to Objection 2:</b> Just as, in satisfaction, we have to note the penality of the work, so, in merit, we must observe its difficulty. Now if + the difficulty of the work itself be diminished, other things being equal, the merit is also diminished; but if the difficulty + be diminished on the part of the promptitude of the will, this does not diminish the merit, but increases it; and, in like + manner, diminution of the penality of a work, on account of the will being made more + prompt by charity, does not lessen the efficacy of satisfaction, but increases it. + </p> + <p id="XP_Q15_A1-p11"> + <b>Reply to Objection 3:</b> That which is due for sin is compensation for the offense, and this cannot be done without punishment of the sinner. It is + of this debt that Anselm speaks. + </p> + <p id="XP_Q15_A1-p12"></p> + <p id="XP_Q15_A1-p13"></p> + <a href="summa.XP_Q15.html"></a> + <a href="summa.XP_Q15_A2.html"></a> + </div> + <div id="XP_Q15_A2" class="div4"> + <a href="summa.XP_Q15_A1.html"></a> + <a href="summa.XP_Q15_A3.html"></a> + <h4 id="XP_Q15_A2-p0.1">Whether the scourges of the present life are satisfactory?</h4> + <p id="XP_Q15_A2-p1"></p> + <p id="XP_Q15_A2-p2"> + <b>Objection 1:</b> It would seem that the scourges whereby we are punished by God in this life, cannot be satisfactory. For nothing but what + is meritorious can be satisfactory, as is clear from what has been said ( + <a id="XP_Q15_A2-p2.1" shape="rect" href="summa.XP_Q14_A2.html">Q[14], A[2]</a>). But we do not merit except by what is in our own power. Since therefore the scourges with which God punishes us are not + in our power, it seems that they cannot be satisfactory. + </p> + <p id="XP_Q15_A2-p3"> + <b>Objection 2:</b> Further, only the good make satisfaction. But these scourges are inflicted on the wicked also, and are deserved by them most + of all. Therefore they cannot be satisfactory. + </p> + <p id="XP_Q15_A2-p4"> + <b>Objection 3:</b> Further, satisfaction regards past sins. But these scourges are sometimes inflicted on those who have no sins, as in the + case of Job. Therefore it seems that they are not satisfactory. + </p> + <p id="XP_Q15_A2-p5"> + <b>On the contrary,</b> It is written ( + <a class="scripRef" id="XP_Q15_A2-p5.1" href="./asv.html#Rom.5.3" target="asv">Rom. 5:3,4</a>): "Tribulation worketh patience, and patience trial, i.e. deliverance from sin," as a gloss explains it. + </p> + <p id="XP_Q15_A2-p6"> Further, Ambrose says (Super + <a class="scripRef" id="XP_Q15_A2-p6.1" href="./asv.html#Ps.118" target="asv">Ps. 118</a>): "Although faith," i.e. the consciousness of sin, "be lacking, the punishment satisfies." Therefore the scourges of this + life are satisfactory. + </p> + <p id="XP_Q15_A2-p7"> + <b>I answer that,</b> Compensation for a past offense can be enforced either by the offender or by another. When it is enforced by another, such + compensation is of a vindictive rather than of a satisfactory nature, whereas when it is made by the offender, it is also + satisfactory. Consequently, if the scourges, which are inflicted by God on account of sin, become in some way the act of the + sufferer they acquire a satisfactory character. Now they become the act of the sufferer in + so far as he accepts them for the cleansing of his sins, by taking advantage of them patiently. If, however, he refuse to + submit to them patiently, then they do not become his personal act in any way, and are not of a satisfactory, but merely of + a vindictive character. + </p> + <p id="XP_Q15_A2-p8"> + <b>Reply to Objection 1:</b> Although these scourges are not altogether in our power, yet in some respect they are, in so far as we use them patiently. + In this way man makes a virtue of necessity, so that such things can become both meritorious and satisfactory. + </p> + <p id="XP_Q15_A2-p9"> + <b>Reply to Objection 2:</b> As Augustine observes (De Civ. Dei i, 8), even as "the same fire makes gold glisten and straw reek," so by the same scourges + are the good cleansed and the wicked worsened on account of their impatience. Hence, though the scourges are common to both, + satisfaction is only on the side of the good. + </p> + <p id="XP_Q15_A2-p10"> + <b>Reply to Objection 3:</b> These scourges always regard past guilt, not always the guilt of the person, but sometimes the guilt of nature. For had there + not been guilt in human nature, there would have been no punishment. But since guilt preceded in nature, punishment is inflicted + by God on a person without the person's fault, that his virtue may be meritorious, and that he may avoid future sin. Moreover, + these two things are necessary in satisfaction. For the work needs to be + meritorious, that honor may be given to God, and it must be a safeguard of virtue, that we may be preserved from future sins. + </p> + <p id="XP_Q15_A2-p11"></p> + <p id="XP_Q15_A2-p12"></p> + <a href="summa.XP_Q15_A1.html"></a> + <a href="summa.XP_Q15_A3.html"></a> + </div> + <div id="XP_Q15_A3" class="div4"> + <a href="summa.XP_Q15_A2.html"></a> + <a href="summa.XP_Q16.html"></a> + <h4 id="XP_Q15_A3-p0.1">Whether the works of satisfaction are suitably enumerated?</h4> + <p id="XP_Q15_A3-p1"></p> + <p id="XP_Q15_A3-p2"> + <b>Objection 1:</b> It would seem that the works of satisfaction are unsuitably enumerated by saying that there are three, viz. almsdeeds, fasting, + and prayer. For a work of satisfaction should be penal. But prayer is not penal, since it is a remedy against penal sorrow, + and is a source of pleasure, wherefore it is written ( + <a class="scripRef" id="XP_Q15_A3-p2.1" href="./asv.html#Jas.5.13" target="asv">James 5:13</a>): "Is any of you sad? Let him pray. Is he cheerful in mind? Let him sing." Therefore prayer should not be reckoned among + the + works of satisfaction. + </p> + <p id="XP_Q15_A3-p3"> + <b>Objection 2:</b> Further, every sin is either carnal or spiritual. Now, as Jerome says on + <a class="scripRef" id="XP_Q15_A3-p3.1" href="./asv.html#Mark.9.28" target="asv"> Mk. 9:28, </a> "This kind" of demons "can go out by nothing, but by prayer and fasting: Diseases of the body are healed by fasting, diseases + of the mind, by prayer." Therefore no other work of satisfaction is necessary. + </p> + <p id="XP_Q15_A3-p4"> + <b>Objection 3:</b> Further, satisfaction is necessary in order for us to be cleansed from our sins. But almsgiving cleanses from all sins, according + to + <a class="scripRef" id="XP_Q15_A3-p4.1" href="./asv.html#Luke.11.41" target="asv">Lk. 11:41</a>: "Give alms, and behold all things are clean unto you." Therefore the other two are in excess. + </p> + <p id="XP_Q15_A3-p5"> + <b>Objection 4:</b> On the other hand, it seems that there should be more. For contrary heals contrary. But there are many more than three kinds + of sin. Therefore more works of satisfaction should be enumerated. + </p> + <p id="XP_Q15_A3-p6"> + <b>Objection 5:</b> Further, pilgrimages and scourgings are also enjoined as works of satisfaction, and are not included among the above. Therefore + they are not sufficiently enumerated. + </p> + <p id="XP_Q15_A3-p7"> + <b>I answer that,</b> Satisfaction should be of such a nature as to involve something taken away from us for the honor of God. Now we have but + three kinds of goods, bodily, spiritual, and goods of fortune, or external goods. By alms-deeds we deprive ourselves of some + goods of fortune, and by fasting we retrench goods of the body. As to goods of the soul, there is no need to deprive ourselves + of any of them, either in whole or in part, since thereby we become acceptable to God, + but we should submit them entirely to God, which is done by prayer. + </p> + <p id="XP_Q15_A3-p8"> This number is shown to be suitable in so far as satisfaction uproots the causes of sin, for these are reckoned to be three + ( + <a class="scripRef" id="XP_Q15_A3-p8.1" href="./asv.html#iJohn.2.16" target="asv">1 Jn. 2:16</a>), viz. "concupiscence of the flesh," "concupiscence of the eyes," and "pride of life." Fasting is directed against concupiscence + of the "flesh," alms-deeds against concupiscence of the "eyes," and "prayer" against "pride of life," as Augustine says (Enarr. + in + <a class="scripRef" id="XP_Q15_A3-p8.2" href="./asv.html#Ps.42" target="asv">Ps. 42</a>). + </p> + <p id="XP_Q15_A3-p9"> This number is also shown to be suitable in so far as satisfaction does not open a way to the suggestions of sin, because + every sin is committed either against God, and this is prevented by "prayer," or against our neighbor, and this is remedied + by "alms-deeds," or against ourselves, and this is forestalled by "fasting." + </p> + <p id="XP_Q15_A3-p10"> + <b>Reply to Objection 1:</b> According to some, prayer is twofold. There is the prayer of contemplatives whose "conversation is in heaven": and this, + since it is altogether delightful, is not a work of satisfaction. The other is a prayer which pours forth sighs for sin; this + is penal and a part of satisfaction. + </p> + <p id="XP_Q15_A3-p11"> It may also be replied, and better, that every prayer has the character of satisfaction, for though it be sweet to the soul + it is painful to the body, since, as Gregory says (Super Ezech., Hom. xiv), "doubtless, when our soul's love is strengthened, + our body's strength is weakened"; hence we read ( + <a class="scripRef" id="XP_Q15_A3-p11.1" href="./asv.html#Gen.32.25" target="asv">Gn. 32:25</a>) that the sinew of Jacob's thigh shrank through his wrestling with the angel. + </p> + <p id="XP_Q15_A3-p12"> + <b>Reply to Objection 2:</b> Carnal sin is twofold; one which is completed in carnal delectation, as gluttony and lust. and, another which is completed + in things relating to the flesh, though it be completed in the delectation of the soul rather than of the flesh, as covetousness. + Hence such like sins are between spiritual and carnal sins, so that they need a satisfaction proper to them, viz. almsdeeds. + </p> + <p id="XP_Q15_A3-p13"> + <b>Reply to Objection 3:</b> Although each of these three, by a kind of likeness, is appropriated to some particular kind of sin because it is reasonable + that, whereby a man sins, in that he should be punished, and that satisfaction should cut out the very root of the sin committed, + yet each of them can satisfy for any kind of sin. Hence if a man is unable to perform one of the above, another is imposed + on him, chiefly almsdeeds, which can take the place of the others, in so far + as in those to whom a man gives alms he purchases other works of satisfaction thereby. Consequently even if almsgiving washes + all sins away, it does not follow that other works are in excess. + </p> + <p id="XP_Q15_A3-p14"> + <b>Reply to Objection 4:</b> Though there are many kinds of sins, all are reduced to those three roots or to those three kinds of sin, to which, as we + have said, the aforesaid works of satisfaction correspond. + </p> + <p id="XP_Q15_A3-p15"> + <b>Reply to Objection 5:</b> Whatever relates to affliction of the body is all referred to fasting, and whatever is spent for the benefit of one's neighbor + is a kind of alms, and whatever act of worship is given to God becomes a kind of prayer, so that even one work can be satisfactory + in several ways. + </p> + <p id="XP_Q15_A3-p16"></p> + <p id="XP_Q15_A3-p17"></p> + <a href="summa.XP_Q15_A2.html"></a> + <a href="summa.XP_Q16.html"></a> + </div> + <a href="summa.XP_Q14_A5.html"></a> + <a href="summa.XP_Q15_A1.html"></a> + </div> + <div id="XP_Q16" class="div3"> + <a href="summa.XP_Q15_A3.html"></a> + <a href="summa.XP_Q16_A1.html"></a> + <h3 id="XP_Q16-p0.1">OF THOSE WHO RECEIVE THE SACRAMENT OF PENANCE (THREE ARTICLES)</h3> + <p id="XP_Q16-p1"></p> + <p id="XP_Q16-p2"> We must now consider the recipients of the sacrament of Penance: under which head there are three points of inquiry:</p> + <p id="XP_Q16-p3"> (1) Whether penance can be in the innocent?</p> + <p id="XP_Q16-p4"> (2) Whether it can be in the saints in glory?</p> + <p id="XP_Q16-p5"> (3) Whether in the good or bad angels?</p> + <div id="XP_Q16_A1" class="div4"> + <a href="summa.XP_Q16.html"></a> + <a href="summa.XP_Q16_A2.html"></a> + <h4 id="XP_Q16_A1-p0.1">Whether penance can be in the innocent?</h4> + <p id="XP_Q16_A1-p1"></p> + <p id="XP_Q16_A1-p2"> + <b>Objection 1:</b> It would seem that penance cannot be in the innocent. For penance consists in bewailing one's evil deeds: whereas the innocent + have done no evil. Therefore penance cannot be in them. + </p> + <p id="XP_Q16_A1-p3"> + <b>Objection 2:</b> Further, the very name of penance [poenitentia] implies punishment [poena]. But the innocent do not deserve punishment. Therefore + penance is not in them. + </p> + <p id="XP_Q16_A1-p4"> + <b>Objection 3:</b> Further, penance coincides with vindictive justice. But if all were innocent, there would be no room for vindictive justice. + Therefore there would be no penance, so that there is none in the innocent. + </p> + <p id="XP_Q16_A1-p5"> + <b>On the contrary,</b> All the virtues are infused together. But penance is a virtue. Since, therefore, other virtues are infused into the innocent + at Baptism, penance is infused with them. + </p> + <p id="XP_Q16_A1-p6"> Further, a man is said to be curable though he has never been sick in body: therefore in like manner, one who has never been + sick spiritually. Now even as there can be no actual cure from the wound of sin without an act of penance, so is there no + possibility of cure without the habit of penance. Therefore one who has never had the disease of sin, has the habit of penance. + </p> + <p id="XP_Q16_A1-p7"> + <b>I answer that,</b> Habit comes between power and act: and since the removal of what precedes entails the removal of what follows, but not conversely, + the removal of the habit ensues from the removal of the power to act, but not from the removal of the act. And because removal + of the matter entails the removal of the act, since there can be no act without the matter into which it passes, hence the + habit of a virtue is possible in one for whom the matter is not available, for + the reason that it can be available, so that the habit can proceed to its act---thus a poor man can have the habit of magnificence, + but not the act, because he is not possessed of great wealth which is the matter of magnificence, but he can be possessed + thereof. + </p> + <p id="XP_Q16_A1-p8"> + <b>Reply to Objection 1:</b> Although the innocent have committed no sin, nevertheless they can, so that they are competent to have the habit of penance. + Yet this habit can never proceed to its act, except perhaps with regard to their venial sins, because mortal sins destroy + the habit. Nevertheless it is not without its purpose, because it is a perfection of the natural power. + </p> + <p id="XP_Q16_A1-p9"> + <b>Reply to Objection 2:</b> Although they deserve no punishment actually, yet it is possible for something to be in them for which they would deserve + to be punished. + </p> + <p id="XP_Q16_A1-p10"> + <b>Reply to Objection 3:</b> So long as the power to sin remains, there would be room for vindictive justice as to the habit, though not as to the act, + if there were no actual sins. + </p> + <p id="XP_Q16_A1-p11"></p> + <p id="XP_Q16_A1-p12"></p> + <a href="summa.XP_Q16.html"></a> + <a href="summa.XP_Q16_A2.html"></a> + </div> + <div id="XP_Q16_A2" class="div4"> + <a href="summa.XP_Q16_A1.html"></a> + <a href="summa.XP_Q16_A3.html"></a> + <h4 id="XP_Q16_A2-p0.1">Whether the saints in glory have penance?</h4> + <p id="XP_Q16_A2-p1"></p> + <p id="XP_Q16_A2-p2"> + <b>Objection 1:</b> It would seem that the saints in glory have not penance. For, as Gregory says (Moral. iv), "the blessed remember their sins, + even as we, without grief, remember our griefs after we have been healed." But penance is grief of the heart. Therefore the + saints in heaven have not penance. + </p> + <p id="XP_Q16_A2-p3"> + <b>Objection 2:</b> Further, the saints in heaven are conformed to Christ. But there was no penance in Christ, since there was no faith which + is the principle of penance. Therefore there will be no penance in the saints in heaven. + </p> + <p id="XP_Q16_A2-p4"> + <b>Objection 3:</b> Further, a habit is useless if it is not reduced to its act. But the saints in heaven will not repent actually, because, + if they did, there would be something in them against their wish. Therefore the habit of penance will not be in them. + </p> + <p id="XP_Q16_A2-p5"> + <b>Objection 4:</b> On the other hand, penance is a part of justice. But justice is "perpetual and immortal" ( + <a class="scripRef" id="XP_Q16_A2-p5.1" href="./asv.html#Wis.1.15" target="asv">Wis. 1:15</a>), and will remain in heaven. Therefore penance will also. + </p> + <p id="XP_Q16_A2-p6"> + <b>Objection 5:</b> Further, we read in the Lives of the Fathers, that one of them said that even Abraham will repent of not having done more + good. But one ought to repent of evil done more than of good left undone, and which one was not bound to do, for such is the + good in question. Therefore repentance will be there of evil done. + </p> + <p id="XP_Q16_A2-p7"> + <b>I answer that,</b> The cardinal virtues will remain in heaven, but only as regards the acts which they exercise in respect of their end. Wherefore, + since the virtue of penance is a part of justice which is a cardinal virtue, whoever has the habit of penance in this life, + will have it in the life to come: but he will not have the same act as now, but another, viz. thanksgiving to God for His + mercy in pardoning his sins. + </p> + <p id="XP_Q16_A2-p8"> + <b>Reply to Objection 1:</b> This argument proves that they do not have the same act as penance has now; and we grant this. + </p> + <p id="XP_Q16_A2-p9"> + <b>Reply to Objection 2:</b> Christ could not sin, wherefore the matter of this virtue was lacking in His respect both actually and potentially: so that + there is no comparison between Him and others. + </p> + <p id="XP_Q16_A2-p10"> + <b>Reply to Objection 3:</b> Repentance, properly speaking, considered as that act of penance which is in this life, will not be in heaven: and yet the + habit will not be without its use, for it will have another act. + </p> + <p id="XP_Q16_A2-p11"> Reply OBJ 4,5: We grant the Fourth argument. But since the Fifth Objection proves that there will be the same act of penance + in heaven as now, we answer the latter by saying that in heaven one will be altogether conformed to the will of God. Wherefore, + as God, by His antecedent will, but not by His consequent will, wishes that all things should be good, and therefore that + there should be no evil, so is it with the blessed. It is this will that this holy father improperly calls + penance. + </p> + <p id="XP_Q16_A2-p12"></p> + <p id="XP_Q16_A2-p13"></p> + <a href="summa.XP_Q16_A1.html"></a> + <a href="summa.XP_Q16_A3.html"></a> + </div> + <div id="XP_Q16_A3" class="div4"> + <a href="summa.XP_Q16_A2.html"></a> + <a href="summa.XP_Q17.html"></a> + <h4 id="XP_Q16_A3-p0.1">Whether an angel can be the subject of penance?</h4> + <p id="XP_Q16_A3-p1"></p> + <p id="XP_Q16_A3-p2"> + <b>Objection 1:</b> It would seem that even a good or bad angel can be a subject of penance. For fear is the beginning of penance. But fear is + in the angels, according to + <a class="scripRef" id="XP_Q16_A3-p2.1" href="./asv.html#Jas.2.19" target="asv"> James 2:19</a>: "The devils . . . believe and tremble." Therefore there can be penance in them. + </p> + <p id="XP_Q16_A3-p3"> + <b>Objection 2:</b> Further, the Philosopher says (Ethic. ix, 4) that "evil men are full of repentance, and this is a great punishment for them." + Now the devils are exceeding evil, nor is there any punishment that they lack. Therefore they can repent. + </p> + <p id="XP_Q16_A3-p4"> + <b>Objection 3:</b> Further, a thing is more easily moved to that which is according to its nature than to that which is against its nature: + thus water which has by violence been heated, of itself returns to its natural property. Now angels can be moved to sin which + is contrary to their common nature. Much more therefore can they return to that which is in accord with their nature. But + this is done by penance. Therefore they are susceptible to penance. + </p> + <p id="XP_Q16_A3-p5"> + <b>Objection 4:</b> Further, what applies to angels, applies equally to separated souls, as Damascene says (De Fide Orth. ii, 4). But there can + be penance in separated souls, as some say, as in the souls of the blessed in heaven. Therefore there can be penance in the + angels. + </p> + <p id="XP_Q16_A3-p6"> + <b>On the contrary,</b> By penance man obtains pardon for the sin he has committed. But this is impossible in the angels. Therefore they are not + subjects of penance. + </p> + <p id="XP_Q16_A3-p7"> Further, Damascene says (De Fide Orth. ii, 4) that man is subject to penance on account of the weakness of his body. But + the angels are not united to a body. Therefore no penance can be in them. + </p> + <p id="XP_Q16_A3-p8"> + <b>I answer that,</b> In us, penance is taken in two senses; first, as a passion, and thus it is nothing but pain or sorrow on account of a sin + committed: and though, as a passion it is only in the concupiscible part, yet, by way of comparison, the name of penance is + given to that act of the will, whereby a man detests what he has done, even as love and other passions are spoken of as though + they were in the intellectual appetite. Secondly, penance is taken as a virtue, and in + this way its act consists in the detestation of evil done, together with the purpose of amendment and the intention of expiating + the evil, or of placating God for the offense committed. Now detestation of evil befits a person according as he is naturally + ordained to good. And since this order or inclination is not entirely destroyed in any creature, it remains even in the damned, + and consequently the passion of repentance, or something like it, remains in them too, as stated in + <a class="scripRef" id="XP_Q16_A3-p8.1" href="./asv.html#Wis.5.3" target="asv"> Wis. + 5:3 + </a>"(saying) within themselves, repenting," etc. This repentance, as it is not a habit, but a passion or act, can by no means + be in the blessed angels, who have not committed any sins: but it is in the wicked angels, since the same applies to them + as to the lost souls, for, according to Damascene (De Fide Orth. ii, 4), "death is to men what sin is to an angel." But no + forgiveness is possible for the sin of an angel. Now sin is the proper object of the virtue itself which we call + penance, in so far as it can be pardoned or expiated. Therefore, since the wicked angels cannot have the matter, they have + not the power to produce the act, so that neither can they have the habit. Hence the angels cannot be subjects of the virtue + of penance. + </p> + <p id="XP_Q16_A3-p9"> + <b>Reply to Objection 1:</b> A certain movement of penance is engendered in them from fear, but not such as is a virtue. + </p> + <p id="XP_Q16_A3-p10"> This suffices for the Reply to the Second Objection.</p> + <p id="XP_Q16_A3-p11"> + <b>Reply to Objection 3:</b> Whatever is natural in them is entirely good, and inclines to good: but their free-will is fixed on evil. And since the movement + of virtue and vice follows the inclination, not of nature, but of the free-will, there is no need that there should be movements + of virtue in them either actually or possibly, although they are inclined to good by nature. + </p> + <p id="XP_Q16_A3-p12"> + <b>Reply to Objection 4:</b> There is no parity between the holy angels and the beatified souls, because in the latter there has been or could have been + a sin that could be pardoned, but not in the former: so that though they are like as to their present state, they differ as + to their previous states, which penance regards directly. + </p> + <p id="XP_Q16_A3-p13"></p> + <p id="XP_Q16_A3-p14"></p> + <a href="summa.XP_Q16_A2.html"></a> + <a href="summa.XP_Q17.html"></a> + </div> + <a href="summa.XP_Q15_A3.html"></a> + <a href="summa.XP_Q16_A1.html"></a> + </div> + <div id="XP_Q17" class="div3"> + <a href="summa.XP_Q16_A3.html"></a> + <a href="summa.XP_Q17_A1.html"></a> + <h3 id="XP_Q17-p0.1">OF THE POWER OF THE KEYS (THREE ARTICLES)</h3> + <p id="XP_Q17-p1"></p> + <p id="XP_Q17-p2"> We must now consider the power of the ministers of this sacrament, which power depends on the keys. As to this matter, in + the first place we shall treat of the keys, secondly, of excommunication, thirdly, of indulgences, since these two things + are connected with the power of the keys. The first of these considerations will be fourfold: (1) the nature and meaning of + the keys. (2) the use of the keys; (3) the ministers of the keys; (4) those on whom the use of the keys can be + exercised. + </p> + <p id="XP_Q17-p3"> Under the first head there are three points of inquiry:</p> + <p id="XP_Q17-p4"> (1) Whether there ought to be keys in the Church?</p> + <p id="XP_Q17-p5"> (2) Whether the key is the power of binding and loosing, etc.?</p> + <p id="XP_Q17-p6"> (3) Whether there are two keys or only one?</p> + <div id="XP_Q17_A1" class="div4"> + <a href="summa.XP_Q17.html"></a> + <a href="summa.XP_Q17_A2.html"></a> + <h4 id="XP_Q17_A1-p0.1">Whether there should be keys in the Church?</h4> + <p id="XP_Q17_A1-p1"></p> + <p id="XP_Q17_A1-p2"> + <b>Objection 1:</b> It would seem that there is no necessity for keys in the Church. For there is no need for keys that one may enter a house + the door of which is open. But it is written ( + <a class="scripRef" id="XP_Q17_A1-p2.1" href="./asv.html#Rev.4.1" target="asv">Apoc. 4:1</a>): "I looked and behold a door was opened in heaven," which door is Christ, for He said of Himself ( + <a class="scripRef" id="XP_Q17_A1-p2.2" href="./asv.html#John.10.7" target="asv">Jn. 10:7</a>): "I am the door." Therefore the Church needs no keys for the entrance into heaven. + </p> + <p id="XP_Q17_A1-p3"> + <b>Objection 2:</b> Further, a key is needed for opening and shutting. But this belongs to Christ alone, "Who openeth and no man shutteth, shutteth + and no man openeth" ( + <a class="scripRef" id="XP_Q17_A1-p3.1" href="./asv.html#Rev.3.7" target="asv">Apoc. 3:7</a>). Therefore the Church has no keys in the hands of her ministers. + </p> + <p id="XP_Q17_A1-p4"> + <b>Objection 3:</b> Further, hell is opened to whomever heaven is closed, and vice versa. Therefore whoever has the keys of heaven, has the keys + of hell. But the Church is not said to have the keys of hell. Therefore neither has she the keys of heaven. + </p> + <p id="XP_Q17_A1-p5"> + <b>On the contrary,</b> It is written ( + <a class="scripRef" id="XP_Q17_A1-p5.1" href="./asv.html#Matt.16.19" target="asv">Mat. 16:19</a>): "To thee will I give the keys of the kingdom of heaven." + </p> + <p id="XP_Q17_A1-p6"> Further, every dispenser should have the keys of the things that he dispenses. But the ministers of the Church are the dispensers + of the divine mysteries, as appears from + <a class="scripRef" id="XP_Q17_A1-p6.1" href="./asv.html#iCor.4.1" target="asv">1 Cor. 4:1.</a> Therefore they ought to have the keys. + </p> + <p id="XP_Q17_A1-p7"> + <b>I answer that,</b> In material things a key is an instrument for opening a door. Now the door of the kingdom is closed to us through sin, both + as to the stain and as to the debt of punishment. Wherefore the power of removing this obstacle is called a key. Now this + power is in the Divine Trinity by authority; hence some say that God has the key of "authority." But Christ Man had the power + to remove the above obstacle, through the merit of His Passion, which also is said to open + the door; hence some say that He has the keys of "excellence." And since "the sacraments of which the Church is built, flowed + from the side of Christ while He lay asleep on the cross" [*Augustine, Enarr. in + <a class="scripRef" id="XP_Q17_A1-p7.1" href="./asv.html#Ps.138" target="asv">Ps. 138</a>], the efficacy of the Passion abides in the sacraments of the Church. Wherefore a certain power for the removal of the aforesaid + obstacle is bestowed on the ministers of the Church, who are the dispensers of the sacraments, not by their own, but by a + Divine power and by the Passion + of Christ. This power is called metaphorically the Church's key, and is the key of "ministry." + </p> + <p id="XP_Q17_A1-p8"> + <b>Reply to Objection 1:</b> The door of heaven, considered in itself, is ever open, but it is said to be closed to someone, on account of some obstacle + against entering therein, which is in himself. The obstacle which the entire human nature inherited from the sin of the first + man was removed by Christ's Passion; hence, after the Passion, John saw an opened door in heaven. Yet that door still remains + closed to this or that man, on account of the original sin which he has + contracted, or the actual sin which he has committed: hence we need the sacraments and the keys of the Church. + </p> + <p id="XP_Q17_A1-p9"> + <b>Reply to Objection 2:</b> This refers to His closing Limbo, so that thenceforth no one should go there, and to His opening of Paradise, the obstacle + of nature being removed by His Passion. + </p> + <p id="XP_Q17_A1-p10"> + <b>Reply to Objection 3:</b> The key whereby hell is opened and closed, is the power of bestowing grace, whereby hell is opened to man, so that he is + taken out from sin which is the door of hell, and closed, so that by the help of grace man should no more fall into sin. Now + the power of bestowing grace belongs to God alone, wherefore He kept this key to Himself. But the key of the kingdom is also + the power to remit the debt of temporal punishment, which debt prevents man from + entering the kingdom Consequently the key of the kingdom can be given to man rather than the key of hell, for they are not + the same, as is clear from what has been said. For a man may be set free from hell by the remission of the debt of eternal + punishment, without being at once admitted to the kingdom, on account of his yet owing a debt of temporal punishment. + </p> + <p id="XP_Q17_A1-p11"> It may also be replied, as some state, that the key of heaven is also the key of hell, since if one is opened to a man, the + other, for that very reason, is closed to him, but it takes its name from the better of the two. + </p> + <p id="XP_Q17_A1-p12"></p> + <p id="XP_Q17_A1-p13"></p> + <a href="summa.XP_Q17.html"></a> + <a href="summa.XP_Q17_A2.html"></a> + </div> + <div id="XP_Q17_A2" class="div4"> + <a href="summa.XP_Q17_A1.html"></a> + <a href="summa.XP_Q17_A3.html"></a> + <h4 id="XP_Q17_A2-p0.1">Whether the key is the power of binding and loosing, etc.?</h4> + <p id="XP_Q17_A2-p1"></p> + <p id="XP_Q17_A2-p2"> + <b>Objection 1:</b> It would seem that the key is not the power of binding and loosing, whereby "the ecclesiastical judge has to admit the worthy + to the kingdom and exclude the unworthy" therefrom, as stated in the text (Sent. iv, D, 16). For the spiritual power conferred + in a sacrament is the same as the character. But the key and the character do not seem to be the same, since by the character + man is referred to God, whereas by the key he is referred to his subjects. Therefore + the key is not a power. + </p> + <p id="XP_Q17_A2-p3"> + <b>Objection 2:</b> Further, an ecclesiastical judge is only one who has jurisdiction, which is not given at the same time as orders. But the + keys are given in the conferring of orders. Therefore there should have been no mention of the ecclesiastical judge in the + definition of the keys. + </p> + <p id="XP_Q17_A2-p4"> + <b>Objection 3:</b> Further, when a man has something of himself, he needs not to be reduced to act by some active power. Now a man is admitted + to the kingdom from the very fact that he is worthy. Therefore it does not concern the power of the keys to admit the worthy + to the kingdom. + </p> + <p id="XP_Q17_A2-p5"> + <b>Objection 4:</b> Further, sinners are unworthy of the kingdom. But the Church prays for sinners, that they may go to heaven. Therefore she + does not exclude the unworthy, but admits them, so far as she is concerned. + </p> + <p id="XP_Q17_A2-p6"> + <b>Objection 5:</b> Further, in every ordered series of agents, the last end belongs to the principal and not to the instrumental agent. But + the principal agent in view of man's salvation is God. Therefore admission to the kingdom, which is the last end, belongs + to Him, and not to those who have the keys, who are as instrumental or ministerial agents. + </p> + <p id="XP_Q17_A2-p7"> + <b>I answer that,</b> According to the Philosopher (De Anima ii, text. 33), "powers are defined from their acts." Wherefore, since the key is a + kind of power, it should be defined from its act or use, and reference to the act should include its object from which it + takes its species, and the mode of acting whereby the power is shown to be well-ordered. Now the act of the spiritual power + is to open heaven, not absolutely, since it is already open, as stated above (A[1], ad 1), but + for this or that man; and this cannot be done in an orderly manner without due consideration of the worthiness of the one + to be admitted to heaven. Hence the aforesaid definition of the key gives the genus, viz. "power," the subject of the power, + viz. the "ecclesiastical judge," and the act, viz. "of excluding or admitting," corresponding to the two acts of a material + key which are to open and shut; the object of which act is referred to in the words "from the kingdom," and the mode, in the + words, "worthy" and "unworthy," because account is taken of the worthiness or unworthiness of those on whom the act is exercised. + </p> + <p id="XP_Q17_A2-p8"> + <b>Reply to Objection 1:</b> The same power is directed to two things, of which one is the cause of the other, as heat, in fire, is directed to make a + thing hot and to melt it. And since every grace and remission in a mystical body comes to it from its head, it seems that + it is essentially the same power whereby a priest can consecrate, and whereby he can loose and bind, if he has jurisdiction, + and that there is only a logical difference, according as it is referred to different + effects, even as fire in one respect is said to have the power of heating, and in another, the power of melting. And because + the character of the priestly order is nothing else than the power of exercising that act to which the priestly order is chiefly + ordained (if we maintain that it is the same as a spiritual power), therefore the character, the power of consecrating, and + the power of the keys are one and the same essentially, but differ logically. + </p> + <p id="XP_Q17_A2-p9"> + <b>Reply to Objection 2:</b> All spiritual power is conferred by some kind of consecration. Therefore the key is given together with the order: yet the + use of the key requires due matter, i.e. a people subject through jurisdiction, so that until he has jurisdiction, the priest + has the keys, but he cannot exercise the act of the keys. And since the key is defined from its act, its definition contains + a reference to jurisdiction. + </p> + <p id="XP_Q17_A2-p10"> + <b>Reply to Objection 3:</b> A person may be worthy to have something in two ways, either so as to have a right to possess it, and thus whoever is worthy + has heaven already opened to him---or so that it is meet that he should receive it, and thus the power of the keys admits + those who are worthy, but to whom heaven is not yet altogether opened. + </p> + <p id="XP_Q17_A2-p11"> + <b>Reply to Objection 4:</b> Even as God hardens not by imparting malice, but by withholding grace, so a priest is said to exclude, not as though he placed + an obstacle to entrance, but because he does not remove an obstacle which is there, since he cannot remove it unless God has + already removed it. [*St. Thomas here follows the opinion of Peter Lombard, and replies in the negative. Later in life he + altered his opinion. Cf. + <a id="XP_Q17_A2-p11.1" shape="rect" href="summa.TP_Q62_A1.html">TP, Q[62], A[1]</a>; + + <a id="XP_Q17_A2-p11.2" shape="rect" href="summa.TP_Q64_A1.html">TP, Q[64], A[1]</a>; + <a id="XP_Q17_A2-p11.3" shape="rect" href="summa.TP_Q86_A6.html">TP, Q[86], A[6]</a>.] Hence God is prayed that He may absolve, so that there may be room for the priest's absolution. + </p> + <p id="XP_Q17_A2-p12"> + <b>Reply to Objection 5:</b> The priest's act does not bear immediately on the kingdom, but on the sacraments, by means of which man wins to the kingdom. + </p> + <p id="XP_Q17_A2-p13"></p> + <p id="XP_Q17_A2-p14"></p> + <a href="summa.XP_Q17_A1.html"></a> + <a href="summa.XP_Q17_A3.html"></a> + </div> + <div id="XP_Q17_A3" class="div4"> + <a href="summa.XP_Q17_A2.html"></a> + <a href="summa.XP_Q18.html"></a> + <h4 id="XP_Q17_A3-p0.1">Whether there are two keys or only one?</h4> + <p id="XP_Q17_A3-p1"></p> + <p id="XP_Q17_A3-p2"> + <b>Objection 1:</b> It would seem that there are not two keys but only one. For one lock requires but one key. Now the lock for the removal of + which the keys of the Church are required, is sin. Therefore the Church does not require two keys for one sin. + </p> + <p id="XP_Q17_A3-p3"> + <b>Objection 2:</b> Further, the keys are given when orders are conferred. But knowledge is not always due to infusion, but sometimes is acquired, + nor is it possessed by all those who are ordained, and is possessed by some who are not ordained. Therefore knowledge is not + a key, so that there is but one key, viz. the power of judging. + </p> + <p id="XP_Q17_A3-p4"> + <b>Objection 3:</b> Further, the power which the priest has over the mystic body of Christ flows from the power which he has over Christ's true + body. Now the power of consecrating Christ's true body is but one. Therefore the power which regards Christ's mystic body + is but one. But this is a key. Therefore, etc. + </p> + <p id="XP_Q17_A3-p5"> + <b>Objection 4:</b> On the other hand, It seems that there are more than two keys. For just as knowledge and power are requisite for man to act, + so is will. But the knowledge of discretion is reckoned as a key, and so is the power of judging. Therefore the will to absolve + should be counted as a key. + </p> + <p id="XP_Q17_A3-p6"> + <b>Objection 5:</b> Further, all three Divine Persons remit sins. Now the priest, through the keys, is the minister for the remission of sins. + Therefore he should have three keys, so that he may be conformed to the Trinity. + </p> + <p id="XP_Q17_A3-p7"> + <b>I answer that,</b> Whenever an act requires fitness on the part of the recipient, two things are necessary in the one who has to perform the + act, viz. judgment of the fitness of the recipient, and accomplishment of the act. Therefore in the act of justice whereby + a man is given what he deserves, there needs to be a judgment in order to discern whether he deserves to receive. Again, an + authority or power is necessary for both these things, for we cannot give save what we have + in our power; nor can there be judgment, without the right to enforce it, since judgment is determined to one particular thing, + which determination it derives, in speculative matters, from the first principles which cannot be gainsaid, and, in practical + matters, from the power of command vested in the one who judges. And since the act of the key requires fitness in the person + on whom it is exercised---because the ecclesiastical judge, by means of the key, "admits the worthy and excludes the + unworthy," as may be seen from the definition given above + <a id="XP_Q17_A3-p7.1" shape="rect" href="summa.XP_Q17_A2.html">(A[2])</a>---therefore the judge requires both judgment of discretion whereby he judges a man to be worthy, and also the very act of + receiving (that man's confession); and for both these things a certain power or authority is necessary. Accordingly we may + distinguish two keys, the first of which regards the judgment about the worthiness of the person to be absolved, while the + other regards the absolution. + </p> + <p id="XP_Q17_A3-p8"> These two keys are distinct, not in the essence of authority, since both belong to the minister by virtue of his office, + but in comparison with their respective acts, one of which presupposes the other. + </p> + <p id="XP_Q17_A3-p9"> + <b>Reply to Objection 1:</b> One key is ordained immediately to the opening of one lock, but it is not unfitting that one key should be ordained to the + act of another. Thus it is in the case in point. For it is the second key, which is the power of binding and loosing, that + opens the lock of sin immediately, but the key of knowledge shows to whom that lock should be opened. + </p> + <p id="XP_Q17_A3-p10"> + <b>Reply to Objection 2:</b> There are two opinions about the key of knowledge. For some say that knowledge considered as a habit, acquired or infused, + is the key in this case, and that it is not the principal key, but is called a key through being subordinate to another key: + so that it is not called a key when the other key is wanting, for instance, in an educated man who is not a priest. And although + priests lack this key at times, through being without knowledge, acquired or + infused, of loosing and binding, yet sometimes they make use of their natural endeavors, which they who hold this opinion + call a little key, so that although knowledge be not bestowed together with orders, yet with the conferring of orders the + knowledge becomes a key which it was not before. This seems to have been the opinion of the Master (Sent. iv, D, 19). + </p> + <p id="XP_Q17_A3-p11"> But this does not seem to agree with the words of the Gospel, whereby the keys are promised to Peter ( + <a class="scripRef" id="XP_Q17_A3-p11.1" href="./asv.html#Matt.16.19" target="asv">Mat. 16:19</a>), so that not only one but two are given in orders. For which reason the other opinion holds that the key is not knowledge + considered as a habit, but the authority to exercise the act of knowledge, which authority is sometimes without knowledge, + while the knowledge is sometimes present without the authority. This may be seen even in secular courts, + for a secular judge may have the authority to judge, without having the knowledge of the law, while another man, on the contrary, + has knowledge of the law without having the authority to judge. And since the act of judging to which a man is bound through + the authority which is vested in him, and not through his habit of knowledge, cannot be well performed without both of the + above, the authority to judge, which is the key of knowledge, cannot be accepted without sin by one who lacks knowledge; + whereas knowledge void of authority can be possessed without sin. + </p> + <p id="XP_Q17_A3-p12"> + <b>Reply to Objection 3:</b> The power of consecrating is directed to only one act of another kind, wherefore it is not numbered among the keys, nor is + it multiplied as the power of the keys, which is directed to different acts, although as to the essence of power and authority + it is but one, as stated above. + </p> + <p id="XP_Q17_A3-p13"> + <b>Reply to Objection 4:</b> Everyone is free to will, so that no one needs authority to will; wherefore will is not reckoned as a key. + </p> + <p id="XP_Q17_A3-p14"> + <b>Reply to Objection 5:</b> All three Persons remit sins in the same way as one Person, wherefore there is no need for the priest, who is the minister + of the Trinity, to have three keys: and all the more, since the will, which is appropriated to the Holy Ghost, requires no + key, as stated above (ad 4). + </p> + <p id="XP_Q17_A3-p15"></p> + <p id="XP_Q17_A3-p16"></p> + <a href="summa.XP_Q17_A2.html"></a> + <a href="summa.XP_Q18.html"></a> + </div> + <a href="summa.XP_Q16_A3.html"></a> + <a href="summa.XP_Q17_A1.html"></a> + </div> + <div id="XP_Q18" class="div3"> + <a href="summa.XP_Q17_A3.html"></a> + <a href="summa.XP_Q18_A1.html"></a> + <h3 id="XP_Q18-p0.1">OF THE EFFECT OF THE KEYS (FOUR ARTICLES)</h3> + <p id="XP_Q18-p1"></p> + <p id="XP_Q18-p2"> We must now consider the effect of the keys under which head there are four points of inquiry:</p> + <p id="XP_Q18-p3"> (1) Whether the power of the keys extends to the remission of guilt?</p> + <p id="XP_Q18-p4"> (2) Whether a priest can remit sin as to the punishment?</p> + <p id="XP_Q18-p5"> (3) Whether a priest can bind in virtue of the power of the keys?</p> + <p id="XP_Q18-p6"> (4) Whether he can loose and bind according to his own judgment?</p> + <div id="XP_Q18_A1" class="div4"> + <a href="summa.XP_Q18.html"></a> + <a href="summa.XP_Q18_A2.html"></a> + <h4 id="XP_Q18_A1-p0.1">Whether the power of the keys extends to the remission of guilt? [*St. Thomas here follows the opinion of Peter Lombard, and + replies in the negative. Later in life he altered his opinion. Cf. TP, Q[62], A[1]; TP, Q[64], A[1]; TP, Q[86], A[6]] + </h4> + <p id="XP_Q18_A1-p1"></p> + <p id="XP_Q18_A1-p2"> + <b>Objection 1:</b> It would seem that the power of the keys extends to the remission of guilt. For it was said to the disciples ( + <a class="scripRef" id="XP_Q18_A1-p2.1" href="./asv.html#John.20.23" target="asv">Jn. 20:23</a>): "Whose sins you shall forgive, they are forgiven them." Now this was not said in reference to the declaration only, as + the Master states (Sent. iv, D, 18), for in that case the priest of the New Testament would have no more power than the priest + of the Old Testament. Therefore he exercises a power over the remission of + the guilt. + </p> + <p id="XP_Q18_A1-p3"> + <b>Objection 2:</b> Further, in Penance grace is given for the remission of sin. Now the priest is the dispenser of this sacrament by virtue + of the keys. Therefore, since grace is opposed to sin, not on the part of the punishment, but on the part of the guilt, it + seems that the priest operates unto the remission of sin by virtue of the keys. + </p> + <p id="XP_Q18_A1-p4"> + <b>Objection 3:</b> Further, the priest receives more power by his consecration than the baptismal water by its sanctification. Now the baptismal + water receives the power "to touch the body and cleanse the heart," as Augustine says (Tract. lxxx in Joan.). Much more, therefore, + does the priest, in his consecration, receive the power to cleanse the heart from the stain of sin. + </p> + <p id="XP_Q18_A1-p5"> + <b>On the contrary,</b> The Master stated above (Sent. iv, D, 18) that God has not bestowed on the minister the power to co-operate with Him in the + inward cleansing. Now if he remitted sins as to the guilt, he would co-operate with God in the inward cleansing. Therefore + the power of the keys does not extend to the remission of guilt. + </p> + <p id="XP_Q18_A1-p6"> Further, sin is not remitted save by the Holy Ghost. But no man has the power to give the Holy Ghost, as the Master said + above (Sent. i, D, 14). Neither therefore can he remit sins as to their guilt. + </p> + <p id="XP_Q18_A1-p7"> + <b>I answer that,</b> According to Hugh (De Sacram. ii), "the sacraments, by virtue of their sanctification, contain an invisible grace." Now this + sanctification is sometimes essential to the sacrament both as regards the matter and as regards the minister, as may be seen + in Confirmation, and then the sacramental virtue is in both together. Sometimes, however, the essence of the sacrament requires + only sanctification of the matter, as in Baptism, which has no fixed minister on + whom it depends necessarily, and then the whole virtue of the sacrament is in the matter. Again, sometimes the essence of + the sacrament requires the consecration or sanctification of the minister without any sanctification of the matter, and then + the entire sacramental virtue is in the minister, as in Penance. Hence the power of the keys which is in the priest, stands + in the same relation to the effect of Penance, as the virtue in the baptismal water does to the effect of Baptism. Now Baptism + and the sacrament of Penance agree somewhat in their effect, since each is directly ordained against guilt, which is not the + case in the other sacraments: yet they differ in this, that the sacrament of Penance, since the acts of the recipient are + as its matter, cannot be given save to adults, who need to be disposed for the reception of the sacramental effect; whereas + Baptism is given, sometimes to adults, sometimes to children and others who lack the use of reason, so that by Baptism children + receive grace and remission of sin without any previous disposition, while adults do not, for they require to be disposed + by the removal of insincerity. This disposition sometimes precedes their Baptism by priority of time, being sufficient for + the reception of grace, before they are actually baptized, but not before they have come to the knowledge of the truth and + have conceived the desire for Baptism. At other times this disposition does not precede the reception of Baptism by a priority + of + time, but is simultaneous with it, and then the grace of the remission of guilt is bestowed through the reception of Baptism. + On the other hand, grace is never given through the sacrament of Penance unless the recipient be disposed either simultaneously + or before. Hence the power of the keys operates unto the remission of guilt, either through being desired or through being + actually exercised, even as the waters of Baptism. But just as Baptism acts, not as a principal agent but as an + instrument, and does not go so far as to cause the reception itself of grace, even instrumentally [*See note at beginning + of this article], but merely disposes the recipient to the grace whereby his guilt is remitted, so is it with the power of + the keys. Wherefore God alone directly remits guilt, and Baptism acts through His power instrumentally, as an inanimate instrument, + and the priest as an animate instrument, such as a servant is, according to the Philosopher (Ethic. viii, 11): and + consequently the priest acts as a minister. Hence it is clear that the power of the keys is ordained, in a manner, to the + remission of guilt, not as causing that remission, but as disposing thereto. Consequently if a man, before receiving absolution, + were not perfectly disposed for the reception of grace, he would receive grace at the very time of sacramental confession + and absolution, provided he offered no obstacle. For if the key were in no way ordained to the remission of guilt, but only + to + the remission of punishment, as some hold, it would not be necessary to have a desire of receiving the effect of the keys + in order to have one's sins forgiven, just as it is not necessary to have a desire of receiving the other sacraments which + are ordained, not to the remission of guilt, but against punishment. But this enables us to see that it is not ordained unto + the remission of guilt, because the use of the keys, in order to be effective, always requires a disposition on the part of + the + recipient of the sacrament. And the same would apply to Baptism, were it never given save to adults. + </p> + <p id="XP_Q18_A1-p8"> + <b>Reply to Objection 1:</b> As the Master says in the text (Sent. iv, D, 18), the power of forgiving sins was entrusted to priests, not that they may + forgive them, by their own power, for this belongs to God, but that, as ministers, they may declare [*See note at the beginning + of this article] the operation of God Who forgives. Now this happens in three ways. First, by a declaration, not of present, + but of future forgiveness, without co-operating therein in any way: and thus the + sacraments of the Old Law signified the Divine operation, so that the priest of the Old Law did but declare and did not operate + the forgiveness of sins. Secondly, by a declaration of present forgiveness without co-operating in it at all: and thus some + say that the sacraments of the New Law signify the bestowal of grace, which God gives when the sacraments are conferred, without + the sacraments containing any power productive of grace, according to which opinion, even the power of the keys would + merely declare the Divine operation that has its effect in the remission of guilt when the sacrament is conferred. Thirdly, + by signifying the Divine operation causing then and there the remission of guilt, and by co-operating towards this effect + dispositively and instrumentally: and then, according to another and more common opinion, the sacraments of the New Law declare + the cleansing effected by God. In this way also the priest of the New Testament declares the recipient to be absolved from + guilt, because in speaking of the sacraments, what is ascribed to the power of the ministers must be consistent with the sacrament. + Nor is it unreasonable that the keys of the Church should dispose the penitent to the remission of his guilt, from the fact + that the guilt is already remitted, even as neither is it unreasonable that Baptism, considered in itself, causes a disposition + in one who is already sanctified. + </p> + <p id="XP_Q18_A1-p9"> + <b>Reply to Objection 2:</b> Neither the sacrament of Penance, nor the sacrament of Baptism, by its operation, causes grace, or the remission of guilt, + directly, but only dispositively [*St. Thomas here follows the opinion of Peter Lombard, and replies in the negative. Later + in life he altered his opinion. Cf. + <a id="XP_Q18_A1-p9.1" shape="rect" href="summa.TP_Q62_A1.html">TP, Q[62], A[1]</a>; + <a id="XP_Q18_A1-p9.2" shape="rect" href="summa.TP_Q64_A1.html">TP, Q[64], A[1]</a>; + <a id="XP_Q18_A1-p9.3" shape="rect" href="summa.TP_Q86_A6.html">TP, Q[86], A[6]</a>]. Hence the Reply to the Third Objection is + evident. + </p> + <p id="XP_Q18_A1-p10"> The other arguments show that the power of the keys does not effect the remission of guilt directly, and this is to be granted.</p> + <p id="XP_Q18_A1-p11"></p> + <p id="XP_Q18_A1-p12"></p> + <a href="summa.XP_Q18.html"></a> + <a href="summa.XP_Q18_A2.html"></a> + </div> + <div id="XP_Q18_A2" class="div4"> + <a href="summa.XP_Q18_A1.html"></a> + <a href="summa.XP_Q18_A3.html"></a> + <h4 id="XP_Q18_A2-p0.1">Whether a priest can remit sin as to the punishment?</h4> + <p id="XP_Q18_A2-p1"></p> + <p id="XP_Q18_A2-p2"> + <b>Objection 1:</b> It would seem that a priest cannot remit sin as to the punishment. For sin deserves eternal and temporal punishment. But + after the priest's absolution the penitent is still obliged to undergo temporal punishment either in Purgatory or in this + world. Therefore the priest does not remit the punishment in any way. + </p> + <p id="XP_Q18_A2-p3"> + <b>Objection 2:</b> Further, the priest cannot anticipate the judgment of God. But Divine justice appoints the punishment which penitents have + to undergo. Therefore the priest cannot remit any part of it. + </p> + <p id="XP_Q18_A2-p4"> + <b>Objection 3:</b> Further, a man who has committed a slight sin, is not less susceptible to the power of the keys, than one who has committed + a graver sin. Now if the punishment for the graver sin be lessened in any way through the priestly administrations, it would + be possible for a sin to be so slight that the punishment which it deserves is no greater than that which has been remitted + for the graver sin. Therefore the priest would be able to remit the entire punishment due + for the slight sin: which is false. + </p> + <p id="XP_Q18_A2-p5"> + <b>Objection 4:</b> Further, the whole of the temporal punishment due for a sin is of one kind. If, therefore, by a first absolution something + is taken away from the punishment, it will be possible for something more to be taken away by a second absolution, so that + the absolution can be so often repeated, that by virtue of the keys the whole punishment will be taken away, since the second + absolution is not less efficacious than the first: and consequently that sin will be + altogether unpunished, which is absurd. + </p> + <p id="XP_Q18_A2-p6"> + <b>On the contrary,</b> The key is the power of binding and loosing. But the priest can enjoin a temporal punishment. Therefore he can absolve from + punishment. + </p> + <p id="XP_Q18_A2-p7"> Further, the priest cannot remit sin either as to the guilt [*St. Thomas here follows the opinion of Peter Lombard, and replies + in the negative. Later in life he altered his opinion. Cf. + <a id="XP_Q18_A2-p7.1" shape="rect" href="summa.TP_Q62_A1.html">TP, Q[62], A[1]</a>; + <a id="XP_Q18_A2-p7.2" shape="rect" href="summa.TP_Q64_A1.html">TP, Q[64], A[1]</a>; + <a id="XP_Q18_A2-p7.3" shape="rect" href="summa.TP_Q86_A6.html">TP, Q[86], A[6]</a>], as stated in the text (Sent. iv, D, 18), or as to the eternal punishment, for a like reason. If therefore he cannot remit + sin as to the temporal punishment, he would be + unable to remit sin in any way, which is altogether contrary to the words of the Gospel. + </p> + <p id="XP_Q18_A2-p8"> + <b>I answer that,</b> Whatever may be said of the effect of Baptism conferred on one who has already received grace, applies equally to the effect + of the actual exercise of the power of the keys on one who has already been contrite. For a man may obtain the grace of the + remission of his sins as to their guilt, through faith and contrition, previous to Baptism; but when, afterwards, he actually + receives Baptism, his grace is increased, and he is entirely absolved from the debt of + punishment, since he is then made a partaker of the Passion of Christ. In like manner when a man, through contrition, has + received the pardon of his sins as to their guilt, and consequently as to the debt of eternal punishment, (which is remitted + together with the guilt) by virtue of the keys which derive their efficacy from the Passion of Christ, his grace is increased + and the temporal punishment is remitted, the debt of which remained after the guilt had been forgiven. However, this temporal + punishment is not entirely remitted, as in Baptism, but only partly, because the man who is regenerated in Baptism is conformed + to the Passion of Christ, by receiving into himself entirely the efficacy of Christ's Passion, which suffices for the blotting + out of all punishment, so that nothing remains of the punishment due to his preceding actual sins. For nothing should be imputed + to a man unto punishment, save what he has done himself, and in Baptism man begins a new life, and by the baptismal + water becomes a new man, as that no debt for previous sin remains in him. on the other hand, in Penance, a man does not take + on a new life, since therein he is not born again, but healed. Consequently by virtue of the keys which produce their effect + in the sacrament of Penance, the punishment is not entirely remitted, but something is taken off the temporal punishment, + the debt of which could remain after the eternal punishment had been remitted. Nor does this apply only to the temporal + punishment which the penitent owes at the time of confession, as some hold, (for then confession and sacramental absolution + would be mere burdens, which cannot be said of the sacraments of the New Law), but also to the punishment due in Purgatory, + so that one who has been absolved and dies before making satisfaction, is less punished in Purgatory, than if he had died + before receiving absolution. + </p> + <p id="XP_Q18_A2-p9"> + <b>Reply to Objection 1:</b> The priest does not remit the entire temporal punishment, but part of it; wherefore the penitent still remains obliged to + undergo satisfactory punishment. + </p> + <p id="XP_Q18_A2-p10"> + <b>Reply to Objection 2:</b> Christ's Passion was sufficiently satisfactory for the sins of the whole world, so that without prejudice to Divine justice + something can be remitted from the punishment which a sinner deserves, in so far as the effect of Christ's Passion reaches + him through the sacraments of the Church. + </p> + <p id="XP_Q18_A2-p11"> + <b>Reply to Objection 3:</b> Some satisfactory punishment must remain for each sin, so as to provide a remedy against it. Wherefore though, by virtue + of the absolution some measure of the punishment due to a grave sin is remitted, it does not follow that the same measure + of punishment is remitted for each sin, because in that case some sin would remain without any punishment at all: but, by + virtue of the keys, the punishments due to various sins are remitted in due + proportion. + </p> + <p id="XP_Q18_A2-p12"> + <b>Reply to Objection 4:</b> Some say that at the first absolution, as much as possible is remitted by virtue of the keys, and that, nevertheless, the + second confession is valid, on account of the instruction received, on account of the additional surety, on account of the + prayers of the priest or confessor, and lastly on account of the merit of the shame. + </p> + <p id="XP_Q18_A2-p13"> But this does not seem to be true, for though there might be a reason for repeating the confession, there would be no reason + for repeating the absolution, especially if the penitent has no cause to doubt about his previous absolution; for he might + just as well doubt after the second as after the first absolution: even as we see that the sacrament of Extreme Unction is + not repeated during the same sickness, for the reason that all that could be done through the sacrament, has + been done once. Moreover, in the second confession, there would be no need for the confessor to have the keys, if the power + of the keys had no effect therein. + </p> + <p id="XP_Q18_A2-p14"> For these reasons others say that even in the second absolution something of the punishment is remitted by virtue of the + keys, because when absolution is given a second time, grace is increased, and the greater the grace received, the less there + remains of the blemish of the previous sin, and the less punishment is required to remove that blemish. Wherefore even when + a man is first absolved, his punishment is more or less remitted by virtue of the keys, according as he disposes + himself more or less to receive grace; and this disposition may be so great, that even by virtue of his contrition the whole + punishment is remitted, as we have already stated ( + <a id="XP_Q18_A2-p14.1" shape="rect" href="summa.XP_Q5_A2.html">Q[5], A[2]</a>). Consequently it is not unreasonable, if by frequent confession even the whole punishment be remitted, that a sin remain + altogether unpunished, since Christ made satisfaction for its punishment. + </p> + <p id="XP_Q18_A2-p15"></p> + <p id="XP_Q18_A2-p16"></p> + <a href="summa.XP_Q18_A1.html"></a> + <a href="summa.XP_Q18_A3.html"></a> + </div> + <div id="XP_Q18_A3" class="div4"> + <a href="summa.XP_Q18_A2.html"></a> + <a href="summa.XP_Q18_A4.html"></a> + <h4 id="XP_Q18_A3-p0.1">Whether the priest can bind through the power of the keys?</h4> + <p id="XP_Q18_A3-p1"></p> + <p id="XP_Q18_A3-p2"> + <b>Objection 1:</b> It would seem that the priest cannot bind by virtue of the power of the keys. For the sacramental power is ordained as a + remedy against sin. Now binding is not a remedy for sin, but seemingly is rather conducive to an aggravation of the disease. + Therefore, by the power of the keys, which is a sacramental power, the priest cannot bind. + </p> + <p id="XP_Q18_A3-p3"> + <b>Objection 2:</b> Further, just as to loose or to open is to remove an obstacle, so to bind is to place an obstacle. Now an obstacle to heaven + is sin, which cannot be placed on us by an extrinsic cause, since no sin is committed except by the will. Therefore the priest + cannot bind. + </p> + <p id="XP_Q18_A3-p4"> + <b>Objection 3:</b> Further, the keys derive their efficacy from Christ's Passion. But binding is not an effect of the Passion. Therefore the + priest cannot bind by the power of the keys. + </p> + <p id="XP_Q18_A3-p5"> + <b>On the contrary,</b> It is written ( + <a class="scripRef" id="XP_Q18_A3-p5.1" href="./asv.html#Matt.16.19" target="asv">Mat. 16:19</a>): "Whatsoever thou shalt bind on earth, shall be bound also in heaven." + </p> + <p id="XP_Q18_A3-p6"> Further, rational powers are directed to opposites. But the power of the keys is a rational power, since it has discretion + connected with it. Therefore it is directed to opposites. Therefore if it can loose, it can bind. + </p> + <p id="XP_Q18_A3-p7"> + <b>I answer that,</b> The operation of the priest in using the keys, is conformed to God's operation, Whose minister he is. Now God's operation + extends both to guilt and to punishment; to the guilt indeed, so as to loose it directly. but to bind it indirectly, in so + far as He is said to harden, when He withholds His grace; whereas His operation extends to punishment directly, in both respects, + because He both spares and inflicts it. In like manner, therefore, although the priest, + in absolving, exercises an operation ordained to the remission of guilt, in the way mentioned above + <a id="XP_Q18_A3-p7.1" shape="rect" href="summa.XP_Q18_A1.html">(A[1])</a>, nevertheless, in binding, he exercises no operation on the guilt; (unless he be said to bind by not absolving the penitent + and by declaring him to be bound), but he has the power both of binding and of loosing with regard to the punishment. For + he looses from the punishment which he remits, while he binds as to the punishment which remains. This he does in two + ways---first as regards the quantity of the punishment considered in general, and thus he does not bind save by not loosing, + and declaring the penitent to be bound, secondly, as regards this or that particular punishment, and thus he binds to punishment + by imposing it. + </p> + <p id="XP_Q18_A3-p8"> + <b>Reply to Objection 1:</b> The remainder of the punishment to which the priest binds the penitent, is the medicine which cleanses the latter from the + blemish of sin. + </p> + <p id="XP_Q18_A3-p9"> + <b>Reply to Objection 2:</b> Not only sin, but also punishment is an obstacle to heaven: and how the latter is enjoined by the priest, has been said in + the article. + </p> + <p id="XP_Q18_A3-p10"> + <b>Reply to Objection 3:</b> Even the Passion of Christ binds us to some punishment whereby we are conformed to Him. + </p> + <p id="XP_Q18_A3-p11"></p> + <p id="XP_Q18_A3-p12"></p> + <a href="summa.XP_Q18_A2.html"></a> + <a href="summa.XP_Q18_A4.html"></a> + </div> + <div id="XP_Q18_A4" class="div4"> + <a href="summa.XP_Q18_A3.html"></a> + <a href="summa.XP_Q19.html"></a> + <h4 id="XP_Q18_A4-p0.1">Whether the priest can bind and loose according to his own judgment?</h4> + <p id="XP_Q18_A4-p1"></p> + <p id="XP_Q18_A4-p2"> + <b>Objection 1:</b> It seems that the priest can bind and loose according to his own judgment. For Jerome [*Cf. Can. 86, Mensuram, De Poenit. + Dist. i] says: "The canons do not fix the length of time for doing penance so precisely as to say how each sin is to be amended, + but leave the decision of this matter to the judgment of a discreet priest." Therefore it seems that he can bind and loose + according to his own judgment. + </p> + <p id="XP_Q18_A4-p3"> + <b>Objection 2:</b> Further, "The Lord commended the unjust steward, forasmuch as he had done wisely" ( + <a class="scripRef" id="XP_Q18_A4-p3.1" href="./asv.html#Luke.16.5" target="asv">Lk. 16:5</a>), because he had allowed a liberal discount to his master's debtors. But God is more inclined to mercy than any temporal + lord. Therefore it seems that the more punishment the priest remits, the more he is to be commended. + </p> + <p id="XP_Q18_A4-p4"> + <b>Objection 3:</b> Further, Christ's every action is our instruction. Now on some sinners He imposed no punishment, but only amendment of life, + as in the case of the adulterous woman ( + <a class="scripRef" id="XP_Q18_A4-p4.1" href="./asv.html#John.8" target="asv">Jn. 8</a>). Therefore it seems that the priest also, who is the vicar of Christ, can, according to his own judgment, remit the punishment, + either wholly or in part. + </p> + <p id="XP_Q18_A4-p5"> + <b>On the contrary,</b> Gregory VII [*Cf. Act. Concil. Rom. v, Can. 5] says: "We declare it a mock penance if it is not imposed according to the + authority of the holy fathers in proportion to the sin." Therefore it seems that it does not altogether depend on the priest's + judgment. + </p> + <p id="XP_Q18_A4-p6"> Further, the act of the keys requires discretion. Now if the priest could remit and impose as much as he liked of a penance, + he would have no need of discretion, because there would be no room for indiscretion. Therefore it does not altogether depend + on the priest's judgment. + </p> + <p id="XP_Q18_A4-p7"> + <b>I answer that,</b> In using the keys, the priest acts as the instrument and minister of God. Now no instrument can have an efficacious act, + except in so far as it is moved by the principal agent. Wherefore, Dionysius says (Hier. Eccl. cap. ult.) that "priests should + use their hierarchical powers, according as they are moved by God." A sign of this is that before the power of the keys was + conferred on Peter ( + <a class="scripRef" id="XP_Q18_A4-p7.1" href="./asv.html#Matt.16.19" target="asv">Mat. 16:19</a>) mention is made of the revelation + vouchsafed to him of the Godhead; and the gift of the Holy Ghost, whereby "the sons of God are led" ( + <a class="scripRef" id="XP_Q18_A4-p7.2" href="./asv.html#Rom.8.14" target="asv">Rom. 8:14</a>), is mentioned before power was given to the apostles to forgive sins. Consequently if anyone were to presume to use his + power against that Divine motion, he would not realize the effect, as Dionysius states (Hier. Eccl., cap. ult.), and, besides, + he would be turned away from the Divine order, and consequently would be guilty of a sin. Moreover, since satisfactory + punishments are medicinal, just as the medicines prescribed by the medical art are not suitable to all, but have to be changed + according to the judgment of a medical man, who follows not his own will, but his medical science, so the satisfactory punishments + appointed by the canons are not suitable to all, but have to be varied according to the judgment of the priest guided by the + Divine instinct. Therefore just as sometimes the physician prudently refrains from giving a medicine sufficiently + efficacious to heal the disease, lest a greater danger should arise on account of the weakness of nature so the priest, moved + by Divine instinct, some times refrains from enjoining the entire punishment due to one sin, lest by the severity of the punishment, + the sick man come to despair and turn away altogether from repentance. + </p> + <p id="XP_Q18_A4-p8"> + <b>Reply to Objection 1:</b> This judgment should be guided entirely by the Divine instinct. + </p> + <p id="XP_Q18_A4-p9"> + <b>Reply to Objection 2:</b> The steward is commended also for having done wisely. Therefore in the remission of the due punishment, there is need for + discretion. + </p> + <p id="XP_Q18_A4-p10"> + <b>Reply to Objection 3:</b> Christ had the power of "excellence" in the sacraments, so that, by His own authority, He could remit the punishment wholly + or in part, just as He chose. Therefore there is no comparison between Him and those who act merely as ministers. + </p> + <p id="XP_Q18_A4-p11"></p> + <p id="XP_Q18_A4-p12"></p> + <a href="summa.XP_Q18_A3.html"></a> + <a href="summa.XP_Q19.html"></a> + </div> + <a href="summa.XP_Q17_A3.html"></a> + <a href="summa.XP_Q18_A1.html"></a> + </div> + <div id="XP_Q19" class="div3"> + <a href="summa.XP_Q18_A4.html"></a> + <a href="summa.XP_Q19_A1.html"></a> + <h3 id="XP_Q19-p0.1">OF THE MINISTERS OF THE KEYS (SIX ARTICLES)</h3> + <p id="XP_Q19-p1"></p> + <p id="XP_Q19-p2"> We must now consider the ministers and the use of the keys: under which head there are six points of inquiry:</p> + <p id="XP_Q19-p3"> (1) Whether the priest of the Law had the keys?</p> + <p id="XP_Q19-p4"> (2) Whether Christ had the keys?</p> + <p id="XP_Q19-p5"> (3) Whether priests alone have the keys?</p> + <p id="XP_Q19-p6"> (4) Whether holy men who are not priests have the keys or their use?</p> + <p id="XP_Q19-p7"> (5) Whether wicked priests have the effective use of the keys?</p> + <p id="XP_Q19-p8"> (6) Whether those who are schismatics, heretics, excommunicate, suspended or degraded, have the use of the keys?</p> + <div id="XP_Q19_A1" class="div4"> + <a href="summa.XP_Q19.html"></a> + <a href="summa.XP_Q19_A2.html"></a> + <h4 id="XP_Q19_A1-p0.1">Whether the priest of the Law had the keys?</h4> + <p id="XP_Q19_A1-p1"></p> + <p id="XP_Q19_A1-p2"> + <b>Objection 1:</b> It would seem that the priests of the Law had the keys. For the possession of the keys results from having orders. But they + had orders since they were called priests. Therefore the priests of the Law had the keys. + </p> + <p id="XP_Q19_A1-p3"> + <b>Objection 2:</b> Further, as the Master states (Sent. iv, D, 18), there are two keys, knowledge of discretion, and power of judgment. But + the priests of the Law had authority for both of these: therefore they had the keys. + </p> + <p id="XP_Q19_A1-p4"> + <b>Objection 3:</b> Further, the priests of the Law had some power over the rest of the people, which power was not temporal, else the kingly + power would not have differed from the priestly power. Therefore it was a spiritual power; and this is the key. Therefore + they had the key. + </p> + <p id="XP_Q19_A1-p5"> + <b>On the contrary,</b> The keys are ordained to the opening of the heavenly kingdom, which could not be opened before Christ's Passion. Therefore + the priest of the Law had not the keys. Further, the sacraments of the old Law did not confer grace. Now the gate of the heavenly + kingdom could not be opened except by means of grace. Therefore it could not be opened by means of those sacraments, so that + the priests who administered them, had not the keys of the heavenly kingdom. + </p> + <p id="XP_Q19_A1-p6"> + <b>I answer that,</b> Some have held that, under the Old Law, the keys of the kingdom were in the hands of the priests, because the right of imposing + punishment for sin was conferred on them, as related in + <a class="scripRef" id="XP_Q19_A1-p6.1" href="./asv.html#Lev.5" target="asv">Lev. 5</a>, which right seems to belong to the keys; but that these keys were incomplete then, whereas now they are complete as bestowed + by Christ on the priests of the New Law. + </p> + <p id="XP_Q19_A1-p7"> But this seems to be contrary to the intent of the Apostle in the Epistle to the Hebrews ( + <a class="scripRef" id="XP_Q19_A1-p7.1" href="./asv.html#Heb.9.11" target="asv">Heb. 9:11-12</a>). For there the priesthood of Christ is given the preference over the priesthood of the Law, inasmuch as Christ came, "a + high priest of the good things to come," and brought us "by His own blood" into a tabernacle not made with hand, whither the + priesthood of the Old Law brought men "by the blood of goats and of oxen." Hence it is clear that the power of + that priesthood did not reach to heavenly things but to the shadow of heavenly things: and so, we must say with others that + they had not the keys, but that the keys were foreshadowed in them. + </p> + <p id="XP_Q19_A1-p8"> + <b>Reply to Objection 1:</b> The keys of the kingdom go with the priesthood whereby man is brought into the heavenly kingdom, but such was not the priesthood + of Levi; hence it had the keys, not of heaven, but of an earthly tabernacle. + </p> + <p id="XP_Q19_A1-p9"> + <b>Reply to Objection 2:</b> The priests of the Old Law had authority to discern and judge, but not to admit those they judged into heaven, but only into + the shadow of heavenly things. + </p> + <p id="XP_Q19_A1-p10"> + <b>Reply to Objection 3:</b> They had no spiritual power, since, by the sacraments of the Law, they cleansed men not from their sins but from irregularities, + so that those who were cleansed by them could enter into a tabernacle which was "made with hand." + </p> + <p id="XP_Q19_A1-p11"></p> + <p id="XP_Q19_A1-p12"></p> + <a href="summa.XP_Q19.html"></a> + <a href="summa.XP_Q19_A2.html"></a> + </div> + <div id="XP_Q19_A2" class="div4"> + <a href="summa.XP_Q19_A1.html"></a> + <a href="summa.XP_Q19_A3.html"></a> + <h4 id="XP_Q19_A2-p0.1">Whether Christ had the key?</h4> + <p id="XP_Q19_A2-p1"></p> + <p id="XP_Q19_A2-p2"> + <b>Objection 1:</b> It would seem that Christ did not have the key. For the key goes with the character of order. But Christ did not have a character. + Therefore He had not the key. + </p> + <p id="XP_Q19_A2-p3"> + <b>Objection 2:</b> Further, Christ had power of "excellence" in the sacraments, so that He could produce the sacramental effect without the + sacramental rite. Now the key is something sacramental. Therefore He needed no key, and it would have been useless to Him + to have it. + </p> + <p id="XP_Q19_A2-p4"> + <b>On the contrary,</b> It is written ( + <a class="scripRef" id="XP_Q19_A2-p4.1" href="./asv.html#Rev.3.7" target="asv">Apoc. 3:7</a>): "These things saith . . . He that hath the key of David," etc. + </p> + <p id="XP_Q19_A2-p5"> + <b>I answer that,</b> The power to do a thing is both in the instrument and in the principal agent, but not in the same way since it is more perfectly + in the latter. Now the power of the keys which we have, like other sacramental powers, is instrumental: whereas it is in Christ + as principal agent in the matter of our salvation, by authority, if we consider Him as God, by merit, if we consider Him as + man [*For St. Thomas' later teaching on this point, Cf. + <a id="XP_Q19_A2-p5.1" shape="rect" href="summa.TP_Q48_A6.html">TP, + Q[48], A[6] + </a>; + <a id="XP_Q19_A2-p5.2" shape="rect" href="summa.FS_Q112_A1.html">FS, Q[112], A[1]</a>, AD 1]. But the very notion of a key expresses a power to open and shut, whether this be done by the principal agent or by + an instrument. Consequently we must admit that Christ had the key, but in a higher way than His ministers, wherefore He is + said to have the key of "excellence." + </p> + <p id="XP_Q19_A2-p6"> + <b>Reply to Objection 1:</b> A character implies the notion of something derived from another, hence the power of the keys which we receive from Christ + results from the character whereby we are conformed to Christ, whereas in Christ it results not from a character, but from + the principal form. + </p> + <p id="XP_Q19_A2-p7"> + <b>Reply to Objection 2:</b> The key, which Christ had was not sacramental, but the origin of the sacramental key. + </p> + <p id="XP_Q19_A2-p8"></p> + <p id="XP_Q19_A2-p9"></p> + <a href="summa.XP_Q19_A1.html"></a> + <a href="summa.XP_Q19_A3.html"></a> + </div> + <div id="XP_Q19_A3" class="div4"> + <a href="summa.XP_Q19_A2.html"></a> + <a href="summa.XP_Q19_A4.html"></a> + <h4 id="XP_Q19_A3-p0.1">Whether priests alone have the keys?</h4> + <p id="XP_Q19_A3-p1"></p> + <p id="XP_Q19_A3-p2"> + <b>Objection 1:</b> It would seem that not only priests have the keys. For Isidore says (Etym. vii, 12) that the "doorkeepers have to tell the + good from the bad, so as to admit the good and keep out the bad." Now this is the definition of the keys, as appears from + what has been said ( + <a id="XP_Q19_A3-p2.1" shape="rect" href="summa.XP_Q17_A2.html">Q[17], A[2]</a>). Therefore not only priests but even doorkeepers have the keys. + </p> + <p id="XP_Q19_A3-p3"> + <b>Objection 2:</b> Further, the keys are conferred on priests when by being anointed they receive power from God. But kings of Christian peoples + also receive power from God and are consecrated by being anointed. Therefore not only priests have the keys. + </p> + <p id="XP_Q19_A3-p4"> + <b>Objection 3:</b> Further, the priesthood is an order belonging to an individual person. But sometimes a number of people together seem to + have the key, because certain Chapters can pass a sentence of excommunication, which pertains to the power of the keys. Therefore + not only priests have the key. + </p> + <p id="XP_Q19_A3-p5"> + <b>Objection 4:</b> Further, a woman is not capable of receiving the priesthood, since she is not competent to teach, according to the Apostle + ( + <a class="scripRef" id="XP_Q19_A3-p5.1" href="./asv.html#iCor.14.34" target="asv">1 Cor. 14:34</a>). But some women (abbesses, for instance, who exercise a spiritual power over their subjects), seem to have the keys. Therefore + not only priests have the keys. + </p> + <p id="XP_Q19_A3-p6"> + <b>On the contrary,</b> Ambrose says (De Poenit. i): "This right," viz. of binding and loosing, "is granted to priests alone." + </p> + <p id="XP_Q19_A3-p7"> Further, by receiving the power of the keys, a man is set up between the people and God. But this belongs to the priest alone, + who is "ordained . . . in the things that appertain to God, that he may offer up gifts and sacrifices for sins" ( + <a class="scripRef" id="XP_Q19_A3-p7.1" href="./asv.html#Heb.5.1" target="asv">Heb. 5:1</a>). Therefore only priests have the keys. + </p> + <p id="XP_Q19_A3-p8"> + <b>I answer that,</b> There are two kinds of key. one reaches to heaven itself directly, by remitting sin and thus removing the obstacles to the + entrance into heaven; and this is called the key of "order." Priests alone have this key, because they alone are ordained + for the people in the things which appertain to God directly. The other key reaches to heaven, not directly but through the + medium of the Church Militant. By this key a man goes to heaven, since, by its means, a man + is shut out from or admitted to the fellowship of the Church Militant, by excommunication or absolution. This is called the + key of "jurisdiction" in the external court, wherefore even those who are not priests can have this key, e.g. archdeacons, + bishops elect, and others who can excommunicate. But it is not properly called a key of heaven, but a disposition thereto. + </p> + <p id="XP_Q19_A3-p9"> + <b>Reply to Objection 1:</b> The doorkeepers have the key for taking care of those things which are contained in a material temple, and they have to judge + whether a person should be excluded from or admitted to that temple; which judgment they pronounce, not by their own authority, + but in pursuance to the priest's judgment, so that they appear to be the administrators of the priestly power. + </p> + <p id="XP_Q19_A3-p10"> + <b>Reply to Objection 2:</b> Kings have no power in spiritual matters, so that they do not receive the key of the heavenly kingdom. Their power is confined + to temporal matters, and this too can only come to them from God, as appears from + <a class="scripRef" id="XP_Q19_A3-p10.1" href="./asv.html#Rom.13.1" target="asv"> Rom. 13:1.</a> Nor are they consecrated by the unction of a sacred order: their anointing is merely a sign that the excellence of their + power comes down to them from Christ, and that, under Christ, they reign over the Christian + people. + </p> + <p id="XP_Q19_A3-p11"> + <b>Reply to Objection 3:</b> Just as in civil matters the whole power is sometimes vested in a judge, as in a kingdom, whereas sometimes it is vested + in many exercising various offices but acting together with equal rights (Ethic. viii, 10,11), so too, spiritual jurisdiction + may be exercised both by one alone, e.g. a bishop, and by many together, e.g. by a Chapter, and thus they have the key of + jurisdiction, but they have not all together the key of order. + </p> + <p id="XP_Q19_A3-p12"> + <b>Reply to Objection 4:</b> According to the Apostle ( + <a class="scripRef" id="XP_Q19_A3-p12.1" href="./asv.html#iTim.2.11" target="asv">1 Tim. 2:11</a>; + <a class="scripRef" id="XP_Q19_A3-p12.2" href="./asv.html#Titus.2.5" target="asv"> Titus 2:5</a>), woman is in a state of subjection: wherefore she can have no spiritual jurisdiction, since the Philosopher also says (Ethic. + viii) that it is a corruption of public life when the government comes into the hands of a woman. Consequently a woman has + neither the key of order nor the key of jurisdiction. Nevertheless a certain use of the keys is allowed to women, + such as the right to correct other women who are under them, on account of the danger that might threaten if men were to dwell + under the same roof. + </p> + <p id="XP_Q19_A3-p13"></p> + <p id="XP_Q19_A3-p14"></p> + <a href="summa.XP_Q19_A2.html"></a> + <a href="summa.XP_Q19_A4.html"></a> + </div> + <div id="XP_Q19_A4" class="div4"> + <a href="summa.XP_Q19_A3.html"></a> + <a href="summa.XP_Q19_A5.html"></a> + <h4 id="XP_Q19_A4-p0.1">Whether holy men who are not priests have the keys?</h4> + <p id="XP_Q19_A4-p1"></p> + <p id="XP_Q19_A4-p2"> + <b>Objection 1:</b> It would seem that holy men, even those who are not priests, have the use of the keys. For loosing and binding, which are + the effects of the keys, derive their efficacy from the merit of Christ's Passion. Now those are most conformed to Christ's + Passion, who follow Christ, suffering by patience and other virtues. Therefore it seems that even if they have not the priestly + order, they can bind and loose. + </p> + <p id="XP_Q19_A4-p3"> + <b>Objection 2:</b> Further, it is written ( + <a class="scripRef" id="XP_Q19_A4-p3.1" href="./asv.html#Heb.7.7" target="asv">Heb. 7:7</a>): "Without all contradiction, that which is less is blessed by the greater [Vulg.: 'better']." Now "in spiritual matters," + according to Augustine (De Trin. vi, 8), "to be better is to be greater." Therefore those who are better, i.e. who have more + charity, can bless others by absolving them. Hence the same conclusion follows. + </p> + <p id="XP_Q19_A4-p4"> + <b>On the contrary,</b> "Action belongs to that which has the power," as the Philosopher says (De Somno et Vigil. i). But the key which is a spiritual + power belongs to priests alone. Therefore priests alone are competent to have the use of the keys. + </p> + <p id="XP_Q19_A4-p5"> + <b>I answer that,</b> There is this difference between a principal and an instrumental agent, that the latter does not produce, in the effect, + its own likeness, but the likeness of the principal agent, whereas the principal agent produces its own likeness. Consequently + a thing becomes a principal agent through having a form, which it can reproduce in another, whereas an instrumental agent + is not constituted thus, but through being applied by the principal agent in order to + produce a certain effect. Since therefore in the act of the keys the principal agent by authority is Christ as God, and by + merit is Christ as man,* it follows that on account of the very fulness of Divine goodness in Him, and of the perfection of + His grace, He is competent to exercise the act of the keys. [*For St. Thomas' later teaching on this point, cf. + <a id="XP_Q19_A4-p5.1" shape="rect" href="summa.TP_Q48_A6.html">TP, Q[48], A[6]</a>; + <a id="XP_Q19_A4-p5.2" shape="rect" href="summa.FS_Q112_A1.html">FS, Q[112], A[1]</a>, ad 1]. But another man is not competent to exercise + this act as principal agent, since neither can he give another man grace whereby sins are remitted, nor can he merit sufficiently, + so that he is nothing more than an instrumental agent. Consequently the recipient of the effect of the keys, is likened, not + to the one who uses the keys, but to Christ. Therefore, no matter how much grace a man may have, he cannot produce the effect + of the keys, unless he be appointed to that purpose by receiving orders. + </p> + <p id="XP_Q19_A4-p6"> + <b>Reply to Objection 1:</b> Just as between instrument and effect there is need or likeness, not of a similar form, but of aptitude in the instrument + for the effect, so is it as regards the instrument and the principal agent. The former is the likeness between holy men and + the suffering Christ, nor does it bestow on them the use of the keys. + </p> + <p id="XP_Q19_A4-p7"> + <b>Reply to Objection 2:</b> Although a mere man cannot merit grace for another man condignly, yet the merit of one man can co-operate in the salvation + of another. Hence there is a twofold blessing. One proceeds from a mere man, as meriting by his own act: this blessing can + be conferred by any holy person in whom Christ dwells by His grace, in so far as he excels in goodness the person whom he + blesses. The other blessing is when a man blesses, as applying a blessing + instrumentally through the merit of Christ, and this requires excellence of order and not of virtue. + </p> + <p id="XP_Q19_A4-p8"></p> + <p id="XP_Q19_A4-p9"></p> + <a href="summa.XP_Q19_A3.html"></a> + <a href="summa.XP_Q19_A5.html"></a> + </div> + <div id="XP_Q19_A5" class="div4"> + <a href="summa.XP_Q19_A4.html"></a> + <a href="summa.XP_Q19_A6.html"></a> + <h4 id="XP_Q19_A5-p0.1">Whether wicked priests have the use of the keys?</h4> + <p id="XP_Q19_A5-p1"></p> + <p id="XP_Q19_A5-p2"> + <b>Objection 1:</b> It would seem that wicked priests have not the use of the keys. For in the passage where the use of the keys is bestowed + on the apostles ( + <a class="scripRef" id="XP_Q19_A5-p2.1" href="./asv.html#John.20.22" target="asv">Jn. 20:22,23</a>), the gift of the Holy Ghost is promised. But wicked men have not the Holy Ghost. Therefore they have not the use of the + keys. + </p> + <p id="XP_Q19_A5-p3"> + <b>Objection 2:</b> Further, no wise king entrusts his enemy with the dispensation of his treasure. Now the use of the keys consists in dispensing + the treasure of the King of heaven, Who is Wisdom itself. Therefore the wicked, who are His enemies on account of sin, have + not the use of the keys. + </p> + <p id="XP_Q19_A5-p4"> + <b>Objection 3:</b> Further, Augustine says (De Bapt. v, 21) that God "gives the sacrament of grace even through wicked men, but grace itself + only by Himself or through His saints." Hence He forgives sin by Himself, or by those who are members of the Dove. But the + remission of sins is the use of the keys. Therefore sinners, who are not "members of the Dove," have not the use of the keys. + </p> + <p id="XP_Q19_A5-p5"> + <b>Objection 4:</b> Further, the prayer of a wicked priest cannot effect reconciliation, for, as Gregory says (Pastor. i, 11), "if an unacceptable + person is sent to intercede, anger is provoked to yet greater severity." But the use of the keys implies a kind of intercession, + as appears in the form of absolution. Therefore wicked priests cannot use the keys effectively. + </p> + <p id="XP_Q19_A5-p6"> + <b>On the contrary,</b> No man can know whether another man is in the state of grace. If, therefore, no one could use the keys in giving absolution + unless he were in a state of grace, no one would know that he had been absolved, which would be very unfitting. + </p> + <p id="XP_Q19_A5-p7"> Further, the wickedness of the minister cannot void the liberality of his lord. But the priest is no more than a minister. + Therefore he cannot by his wickedness take away from us the gift which God has given through him. + </p> + <p id="XP_Q19_A5-p8"> + <b>I answer that,</b> Just as participation of a form to be induced into an effect does not make a thing to be an instrument, so neither does the + loss of that form prevent that thing being used as an instrument. Consequently, since man is merely an instrument in the use + of the keys, however much he may through sin be deprived of grace, whereby sins are forgiven, yet he is by no means deprived + of the use of the keys. + </p> + <p id="XP_Q19_A5-p9"> + <b>Reply to Objection 1:</b> The gift of the Holy Ghost is requisite for the use of the keys, not as being indispensable for the purpose, but because + it is unbecoming for the user to use them without it, though he that submits to them receives their effect. + </p> + <p id="XP_Q19_A5-p10"> + <b>Reply to Objection 2:</b> An earthly king can be cheated and deceived in the matter of his treasure, and so he does not entrust his enemy with the + dispensation thereof. But the King of heaven cannot be cheated, because all tends to His own glory, even the abuse of the + keys by some, for He can make good come out of evil, and produce many good effects through evil men. Hence the comparison + fails. + </p> + <p id="XP_Q19_A5-p11"> + <b>Reply to Objection 3:</b> Augustine speaks of the remission of sins in so far as holy men co-operate therein, not by virtue of the keys, but by merit + of congruity. Hence He says that God confers the sacraments even through evil men, and among the other sacraments, absolution + which is the use of the keys should be reckoned: but that through "members of the Dove," i.e. holy men, He grants forgiveness + of sins, in so far as He remits sins on account of their intercession. + </p> + <p id="XP_Q19_A5-p12"> We might also reply that by "members of the Dove" he means all who are not cut off from the Church, for those who receive + the sacraments from them, receive grace, whereas those who receive the sacraments from those who are cut off from the Church, + do not receive grace, because they sin in so doing, except in the case of Baptism, which, in cases of necessity, may be received + even from one who is excommunicate. + </p> + <p id="XP_Q19_A5-p13"> + <b>Reply to Objection 4:</b> The prayer which the wicked priest proffers on his own account, is not efficacious: but that which he makes as a minister + of the Church, is efficacious through the merit of Christ. Yet in both ways the priest's prayer should profit those who are + subject to him. + </p> + <p id="XP_Q19_A5-p14"></p> + <p id="XP_Q19_A5-p15"></p> + <a href="summa.XP_Q19_A4.html"></a> + <a href="summa.XP_Q19_A6.html"></a> + </div> + <div id="XP_Q19_A6" class="div4"> + <a href="summa.XP_Q19_A5.html"></a> + <a href="summa.XP_Q20.html"></a> + <h4 id="XP_Q19_A6-p0.1">Whether those who are schismatics, heretics, excommunicate, suspended or degraded have the use of the keys?</h4> + <p id="XP_Q19_A6-p1"></p> + <p id="XP_Q19_A6-p2"> + <b>Objection 1:</b> It would seem that those who are schismatics, heretics, excommunicate, suspended or degraded have the use of the keys. For + just as the power of the keys results from orders, so does the power of consecration. But the above cannot lose the use of + the power of consecration, since if they do consecrate it is valid, though they sin in doing so. Therefore neither can they + lose the use of the keys. + </p> + <p id="XP_Q19_A6-p3"> + <b>Objection 2:</b> Further, any active spiritual power in one who has the use of his free-will can be exercised by him when he wills. Now the + power of the keys remains in the aforesaid, for, since it is only conferred with orders, they would have to be reordained + when they return to the Church. Therefore, since it is an active power, they can exercise it when they will. + </p> + <p id="XP_Q19_A6-p4"> + <b>Objection 3:</b> Further, spiritual grace is hindered by guilt more than by punishment. Now excommunication, suspension and degradation are + punishments. Therefore, since a man does not lose the use of the keys on account of guilt, it seems that he does not lose + it on account of the aforesaid. + </p> + <p id="XP_Q19_A6-p5"> + <b>On the contrary,</b> Augustine says (Tract. cxxi in Joan.) that the "charity of the Church forgives sins." Now it is the charity of the Church + which unites its members. Since therefore the above are disunited from the Church, it seems that they have not the use of + the keys in remitting sins. + </p> + <p id="XP_Q19_A6-p6"> Further, no man is absolved from sin by sinning. Now it is a sin for anyone to seek absolution of his sins from the above, + for he disobeys the Church in so doing. Therefore he cannot be absolved by them: and so the same conclusion follows. + </p> + <p id="XP_Q19_A6-p7"> + <b>I answer that,</b> In all the above the power of the keys remains as to its essence, but its use is hindered on account of the lack of matter. + For since the use of the keys requires in the user authority over the person on whom they are used, as stated above ( + <a id="XP_Q19_A6-p7.1" shape="rect" href="summa.XP_Q17_A2.html">Q[17], A[2]</a>, ad 2), the proper matter on whom one can exercise the use of the keys is a man under one's authority. And since it is by + appointment of the Church that one man has authority over + another, so a man may be deprived of his authority over another by his ecclesiastical superiors. Consequently, since the Church + deprives heretics, schismatics and the like, by withdrawing their subjects from them either altogether or in some respect, + in so far as they are thus deprived, they cannot have the use of the keys. + </p> + <p id="XP_Q19_A6-p8"> + <b>Reply to Objection 1:</b> The matter of the sacrament of the Eucharist, on which the priest exercises his power, is not a man but wheaten bread, and + in Baptism, the matter is simply a man. Wherefore, just as, were a heretic to be without wheaten bread, he could not consecrate, + so neither can a prelate absolve if he be deprived of his authority, yet he can baptize and consecrate, albeit to his own + damnation. + </p> + <p id="XP_Q19_A6-p9"> + <b>Reply to Objection 2:</b> The assertion is true, provided matter be not lacking as it is in the case in point. + </p> + <p id="XP_Q19_A6-p10"> + <b>Reply to Objection 3:</b> Sin, of itself, does not remove matter, as certain punishments do: so that punishment is a hindrance not because it is contrary + to the effect, but for the reason stated. + </p> + <p id="XP_Q19_A6-p11"></p> + <p id="XP_Q19_A6-p12"></p> + <a href="summa.XP_Q19_A5.html"></a> + <a href="summa.XP_Q20.html"></a> + </div> + <a href="summa.XP_Q18_A4.html"></a> + <a href="summa.XP_Q19_A1.html"></a> + </div> + <div id="XP_Q20" class="div3"> + <a href="summa.XP_Q19_A6.html"></a> + <a href="summa.XP_Q20_A1.html"></a> + <h3 id="XP_Q20-p0.1">OF THOSE ON WHOM THE POWER OF THE KEYS CAN BE EXERCISED (THREE ARTICLES)</h3> + <p id="XP_Q20-p1"></p> + <p id="XP_Q20-p2"> We must now consider those on whom the power of the keys can be exercised. Under this head there are three points of inquiry:</p> + <p id="XP_Q20-p3"> (1) Whether a priest can use the key, which he has, on any man?</p> + <p id="XP_Q20-p4"> (2) Whether a priest can always absolve his subject?</p> + <p id="XP_Q20-p5"> (3) Whether anyone can use the keys on his superior?</p> + <div id="XP_Q20_A1" class="div4"> + <a href="summa.XP_Q20.html"></a> + <a href="summa.XP_Q20_A2.html"></a> + <h4 id="XP_Q20_A1-p0.1">Whether a priest can use the key which he has, on any man?</h4> + <p id="XP_Q20_A1-p1"></p> + <p id="XP_Q20_A1-p2"> + <b>Objection 1:</b> It would seem that a priest can use the key which he has, on any man. For the power of the keys was bestowed on priests by + Divine authority in the words: "Receive ye the Holy Ghost; whose sins you shall forgive, they are forgiven them" ( + <a class="scripRef" id="XP_Q20_A1-p2.1" href="./asv.html#John.20.22" target="asv">Jn. 20:22,23</a>). But this was said without any restriction. Therefore he that has the key, can use it on any without restriction. + </p> + <p id="XP_Q20_A1-p3"> + <b>Objection 2:</b> Further, a material key that opens one lock, opens all locks of the same pattern. Now every sin of every man is the same + kind of obstacle against entering into heaven. Therefore if a priest can, by means of the key which he has, absolve one man, + he can do the same for all others. + </p> + <p id="XP_Q20_A1-p4"> + <b>Objection 3:</b> Further, the priesthood of the New Testament is more perfect than that of the Old Testament. But the priest of the Old Testament + could use the power which he had of discerning between different kinds of leprosy, with regard to all indiscriminately. Much + more therefore can the priest of the Gospel use his power with regard to all. + </p> + <p id="XP_Q20_A1-p5"> + <b>On the contrary,</b> It is written in the Appendix of Gratian: "It is not lawful for every priest to loose or bind another priest's parishioner." + Therefore a priest cannot absolve everybody. + </p> + <p id="XP_Q20_A1-p6"> Further, judgment in spiritual matters should be better regulated than in temporal matters. But in temporal matters a judge + cannot judge everybody. Therefore, since the use of the keys is a kind of judgment, it is not within the competency of a priest + to use his key with regard to everyone. + </p> + <p id="XP_Q20_A1-p7"> + <b>I answer that,</b> That which has to do with singular matters is not equally in the power of all. Thus, even as besides the general principles + of medicine, it is necessary to have physicians, who adapt those general principles to individual patients or diseases, according + to their various requirements, so in every kingdom, besides that one who proclaims the universal precepts of law, there is + need for others to adapt those precepts to individual cases, according as each case + demands. For this reason, in the heavenly hierarchy also, under the Powers who rule indiscriminately, a place is given to + the Principalities, who are appointed to individual kingdoms, and to the Angels who are given charge over individual men, + as we have explained above ( + <a id="XP_Q20_A1-p7.1" shape="rect" href="summa.FP_Q113_A1.html">FP, Q[113], AA[1]</a>,2). Consequently there should be a like order of authority in the Church Militant, so that an indiscriminate authority over + all should be vested in one individual, and that there + should be others under him, having distinct authority over various people. Now the use of the keys implies a certain power + to exercise authority, whereby the one on whom the keys are used, becomes the proper matter of that act. Therefore he that + has power over all indiscriminately, can use the keys on all, whereas those who have received authority over distinct persons, + cannot use the keys on everyone, but only on those over whom they are appointed, except in cases of necessity, when the + sacraments should be refused to no one. + </p> + <p id="XP_Q20_A1-p8"> + <b>Reply to Objection 1:</b> A twofold power is required in order to absolve from sins, namely, power of order and power of jurisdiction. The former power + is equally in all priests, but not the latter. And therefore, when our Lord ( + <a class="scripRef" id="XP_Q20_A1-p8.1" href="./asv.html#John.20.23" target="asv">Jn. 20:23</a>) gave all the apostles in general, the power of forgiving sins, this is to be understood of the power which results from + receiving orders, wherefore these words are addressed to priests when they are ordained. But to + Peter in particular He gave the power of forgiving sins ( + <a class="scripRef" id="XP_Q20_A1-p8.2" href="./asv.html#Matt.16.19" target="asv">Mat. 16:19</a>), that we may understand that he has the power of jurisdiction before the others. But the power of orders, considered in + itself, extends to all who can be absolved: wherefore our Lord said indeterminately, "Whose sins you shall forgive, they are + forgiven them," on the understanding that this power should be used in dependence on the power given to Peter, according to + His appointment. + </p> + <p id="XP_Q20_A1-p9"> + <b>Reply to Objection 2:</b> A material key can open only its own lock. nor can any active force act save on its own matter. Now a man becomes the matter + of the power of order by jurisdiction: and consequently no one can use the key in respect of another over whom he has not + jurisdiction. + </p> + <p id="XP_Q20_A1-p10"> + <b>Reply to Objection 3:</b> The people of Israel were one people, and had but one temple, so that there was no need for a distinction in priestly jurisdiction, + as there is now in the Church which comprises various peoples and nations. + </p> + <p id="XP_Q20_A1-p11"></p> + <p id="XP_Q20_A1-p12"></p> + <a href="summa.XP_Q20.html"></a> + <a href="summa.XP_Q20_A2.html"></a> + </div> + <div id="XP_Q20_A2" class="div4"> + <a href="summa.XP_Q20_A1.html"></a> + <a href="summa.XP_Q20_A3.html"></a> + <h4 id="XP_Q20_A2-p0.1">Whether a priest can always absolve his subject?</h4> + <p id="XP_Q20_A2-p1"></p> + <p id="XP_Q20_A2-p2"> + <b>Objection 1:</b> It would seem that a priest cannot always absolve his subject. For, as Augustine says (De vera et false Poenitentia [*Work + of an unknown author]), "no man should exercise the priestly office, unless he be free from those things which he condemns + in others." But a priest might happen to share in a sin committed by his subject, e.g. by knowledge of a woman who is his + subject. Therefore it seems that he cannot always use the power of the keys on his subjects. + </p> + <p id="XP_Q20_A2-p3"> + <b>Objection 2:</b> Further, by the power of the keys a man is healed of all his shortcomings. Now it happens sometimes that a sin has attached + to it a defect of irregularity or a sentence of excommunication, from which a simple priest cannot absolve. Therefore it seems + that he cannot use the power of the keys on such as are shackled by these things in the above manner. + </p> + <p id="XP_Q20_A2-p4"> + <b>Objection 3:</b> Further, the judgment and power of our priesthood was foreshadowed by the judgment of the ancient priesthood. Now according + to the Law, the lesser judges were not competent to decide all cases, and had recourse to the higher judges, according to + <a class="scripRef" id="XP_Q20_A2-p4.1" href="./asv.html#Exod.24.14" target="asv"> Ex. 24:14</a>: "If any question shall arise" among you, "you shall refer it to them." It seems, therefore, that a priest cannot absolve + his subject from graver sins, but should refer him to his + superior. + </p> + <p id="XP_Q20_A2-p5"> + <b>On the contrary,</b> Whoever has charge of the principal has charge of the accessory. Now priests are charged with the dispensation of the Eucharist + to their subjects, to which sacrament the absolution of sins is subordinate [*Cf. + <a id="XP_Q20_A2-p5.1" shape="rect" href="summa.XP_Q17_A2.html"> Q[17], A[2]</a>, ad 1]. Therefore, as far as the power of the keys is concerned, a priest can absolve his subject from any sins whatever. + </p> + <p id="XP_Q20_A2-p6"> Further, grace, however small, removes all sin. But a priest dispenses sacraments whereby grace is given. Therefore, as far + as the power of the keys is concerned, he can absolve from all sins. + </p> + <p id="XP_Q20_A2-p7"> + <b>I answer that,</b> The power of order, considered in itself, extends to the remission of all sins. But since, as stated above, the use of this + power requires jurisdiction which inferiors derive from their superiors, it follows that the superior can reserve certain + matters to himself, the judgment of which he does not commit to his inferior; otherwise any simple priest who has jurisdiction + can absolve from any sin. Now there are five cases in which a simple priest must refer + his penitent to his superior. The first is when a public penance has to be imposed, because in that case the bishop is the + proper minister of the sacrament. The second is the case of those who are excommunicated when the inferior priest cannot absolve + a penitent through the latter being excommunicated by his superior. The third case is when he finds that an irregularity has + been contracted, for the dispensation of which he has to have recourse to his superior. The fourth is the case of arson. + The fifth is when it is the custom in a diocese for the more heinous crimes to be reserved to the bishop, in order to inspire + fear, because custom in these cases either gives the power or takes it away. + </p> + <p id="XP_Q20_A2-p8"> + <b>Reply to Objection 1:</b> In this case the priest should not hear the confession of his accomplice, with regard to that particular sin, but must refer + her to another: nor should she confess to him but should ask permission to go to another, or should have recourse to his superior + if he refused, both on account of the danger, and for the sake of less shame. If, however, he were to absolve her it would + be valid*: because when Augustine says that they should not be guilty of the + same sin, he is speaking of what is congruous, not of what is essential to the sacrament. [*Benedict XIV declared the absolution + of an accomplice "in materia turpi" to be invalid.] + </p> + <p id="XP_Q20_A2-p9"> + <b>Reply to Objection 2:</b> Penance delivers man from all defects of guilt, but not from all defects of punishment, since even after doing penance for + murder, a man remains irregular. Hence a priest can absolve from a crime, but for the remission of the punishment he must + refer the penitent to the superior, except in the case of excommunication, absolution from which should precede absolution + from sin, for as long as a man is excommunicated, he cannot receive any sacrament of + the Church. + </p> + <p id="XP_Q20_A2-p10"> + <b>Reply to Objection 3:</b> This objection considers those cases in which superiors reserve the power of jurisdiction to themselves. + </p> + <p id="XP_Q20_A2-p11"></p> + <p id="XP_Q20_A2-p12"></p> + <a href="summa.XP_Q20_A1.html"></a> + <a href="summa.XP_Q20_A3.html"></a> + </div> + <div id="XP_Q20_A3" class="div4"> + <a href="summa.XP_Q20_A2.html"></a> + <a href="summa.XP_Q21.html"></a> + <h4 id="XP_Q20_A3-p0.1">Whether a man can use the keys with regard to his superior?</h4> + <p id="XP_Q20_A3-p1"></p> + <p id="XP_Q20_A3-p2"> + <b>Objection 1:</b> It would seem that a man cannot use the keys in respect of a superior. For every sacramental act requires its proper matter. + Now the proper matter for the use of the keys, is a person who is subject, as stated above ( + <a id="XP_Q20_A3-p2.1" shape="rect" href="summa.XP_Q19_A6.html">Q[19], A[6]</a>). Therefore a priest cannot use the keys in respect of one who is not his subject. + </p> + <p id="XP_Q20_A3-p3"> + <b>Objection 2:</b> Further, the Church Militant is an image of the Church Triumphant. Now in the heavenly Church an inferior angel never cleanses, + enlightens or perfects a higher angel. Therefore neither can an inferior priest exercise on a superior a hierarchical action + such as absolution. + </p> + <p id="XP_Q20_A3-p4"> + <b>Objection 3:</b> Further, the judgment of Penance should be better regulated than the judgment of an external court. Now in the external court + an inferior cannot excommunicate or absolve his superior. Therefore, seemingly, neither can he do so in the penitential court. + </p> + <p id="XP_Q20_A3-p5"> + <b>On the contrary,</b> The higher prelate is also "compassed with infirmity," and may happen to sin. Now the power of the keys is the remedy for + sin. Therefore, since he cannot use the key on himself, for he cannot be both judge and accused at the same time, it seems + that an inferior can use the power of the keys on him. + </p> + <p id="XP_Q20_A3-p6"> Further, absolution which is given through the power of the keys, is ordained to the reception of the Eucharist. But an inferior + can give Communion to his superior, if the latter asks him to. Therefore he can use the power of the keys on him if he submit + to him. + </p> + <p id="XP_Q20_A3-p7"> + <b>I answer that,</b> The power of the keys, considered in itself, is applicable to all, as stated above + <a id="XP_Q20_A3-p7.1" shape="rect" href="summa.XP_Q20_A2.html">(A[2])</a>: and that a priest is unable to use the keys on some particular person is due to his power being limited to certain individuals. + Therefore he who limited his power can extend it to whom he wills, so that he can give him power over himself, although he + cannot use the power of the keys on himself, because this power requires to be exercised on a + subject, and therefore on someone else, for no man can be subject to himself. + </p> + <p id="XP_Q20_A3-p8"> + <b>Reply to Objection 1:</b> Although the bishop whom a simple priest absolves is his superior absolutely speaking, yet he is beneath him in so far as + he submits himself as a sinner to him. + </p> + <p id="XP_Q20_A3-p9"> + <b>Reply to Objection 2:</b> In the angels there can be no defect by reason of which the higher angel can submit to the lower, such as there can happen + to be among men; and so there is no comparison. + </p> + <p id="XP_Q20_A3-p10"> + <b>Reply to Objection 3:</b> External judgment is according to men, whereas the judgment of confession is according to God, in Whose sight a man is lessened + by sinning, which is not the case in human prelacy. Therefore just as in external judgment no man can pass sentence of excommunication + on himself, so neither can he empower another to excommunicate him. On the other hand, in the tribunal of conscience he can + give another the power to absolve him, though he cannot use that + power himself. + </p> + <p id="XP_Q20_A3-p11"> It may also be replied that absolution in the tribunal of the confessional belongs principally to the power of the keys and + consequently to the power of jurisdiction, whereas excommunication regards jurisdiction exclusively. And, as to the power + of orders, all are equal, but not as to jurisdiction. Wherefore there is no comparison. + </p> + <p id="XP_Q20_A3-p12"></p> + <p id="XP_Q20_A3-p13"></p> + <a href="summa.XP_Q20_A2.html"></a> + <a href="summa.XP_Q21.html"></a> + </div> + <a href="summa.XP_Q19_A6.html"></a> + <a href="summa.XP_Q20_A1.html"></a> + </div> + <div id="XP_Q21" class="div3"> + <a href="summa.XP_Q20_A3.html"></a> + <a href="summa.XP_Q21_A1.html"></a> + <h3 id="XP_Q21-p0.1">OF THE DEFINITION, CONGRUITY AND CAUSE OF EXCOMMUNICATION (FOUR ARTICLES)</h3> + <p id="XP_Q21-p1"></p> + <p id="XP_Q21-p2"> We must now treat of excommunication: we shall consider: (1) the definition, congruity and cause of excommunication; (2) + who has the power to excommunicate; (3) communication with excommunicated persons; (4) absolution from excommunication. + </p> + <p id="XP_Q21-p3"> Under the first head there are four points of inquiry:</p> + <p id="XP_Q21-p4"> (1) Whether excommunication is suitably defined?</p> + <p id="XP_Q21-p5"> (2) Whether the Church should excommunicate anyone?</p> + <p id="XP_Q21-p6"> (3) Whether anyone should be excommunicated for inflicting temporal harm?</p> + <p id="XP_Q21-p7"> (4) Whether an excommunication unjustly pronounced has any effect?</p> + <div id="XP_Q21_A1" class="div4"> + <a href="summa.XP_Q21.html"></a> + <a href="summa.XP_Q21_A2.html"></a> + <h4 id="XP_Q21_A1-p0.1">Whether excommunication is suitably defined as separation from the communion of the Church, etc?</h4> + <p id="XP_Q21_A1-p1"></p> + <p id="XP_Q21_A1-p2"> + <b>Objection 1:</b> It would seem that excommunication is unsuitably defined by some thus: "Excommunication is separation from the communion + of the Church, as to fruit and general suffrages." For the suffrages of the Church avail for those for whom they are offered. + But the Church prays for those who are outside the Church, as, for instance, for heretics and pagans. Therefore she prays + also for the excommunicated, since they are outside the Church, and so the suffrages of the + Church avail for them. + </p> + <p id="XP_Q21_A1-p3"> + <b>Objection 2:</b> Further, no one loses the suffrages of the Church except by his own fault. Now excommunication is not a fault, but a punishment. + Therefore excommunication does not deprive a man of the general suffrages of the Church. + </p> + <p id="XP_Q21_A1-p4"> + <b>Objection 3:</b> Further, the fruit of the Church seems to be the same as the Church's suffrages, for it cannot mean the fruit of temporal + goods, since excommunication does not deprive a man of these. Therefore there is no reason for mentioning both. + </p> + <p id="XP_Q21_A1-p5"> + <b>Objection 4:</b> Further, there is a kind of excommunication called minor*, by which man is not deprived of the suffrages of the Church. [*Minor + excommunication is no longer recognized by Canon Law.] Therefore this definition is unsuitable. + </p> + <p id="XP_Q21_A1-p6"> + <b>I answer that,</b> When a man enters the Church by Baptism, he is admitted to two things, viz. the body of the faithful and the participation + of the sacraments: and this latter presupposes the former, since the faithful are united together in the participation of + the sacraments. Consequently a person may be expelled from the Church in two ways. First, by being deprived merely of the + participation of the sacraments, and this is the minor excommunication. Secondly, by being + deprived of both, and this is the major excommunication, of which the above is the definition. Nor can there be a third, consisting + in the privation of communion with the faithful, but not of the participation of the sacraments, for the reason already given, + because, to wit, the faithful communicate together in the sacraments. Now communion with the faithful is twofold. One consists + in spiritual things, such as their praying for one another, and meeting together for the reception of sacred + things; while another consists in certain legitimate bodily actions. These different manners of communion are signified in + the verse which declares that those who are excommunicate are deprived of--- + </p> + <p id="XP_Q21_A1-p7"> "os, orare, vale, communio, mensa."</p> + <p id="XP_Q21_A1-p8">"Os," i.e. we must not give them tokens of goodwill; "orare," i.e. we must not pray with them; "vale," we must not give them + marks of respect; "communio," i.e. we must not communicate with them in the sacraments; "mensa," i.e. we must not take meals + with them. Accordingly the above definition includes privation of the sacraments in the words "as to the fruit," and from + partaking together with the faithful in spiritual things, in the words, "and the general prayers of the + Church." + </p> + <p id="XP_Q21_A1-p9"> Another definition is given which expresses the privation of both kinds of acts, and is as follows: "Excommunication is the + privation of all lawful communion with the faithful." + </p> + <p id="XP_Q21_A1-p10"> + <b>Reply to Objection 1:</b> Prayers are said for unbelievers, but they do not receive the fruit of those prayers unless they be converted to the faith. + In like manner prayers may be offered up for those who are excommunicated, but not among the prayers that are said for the + members of the Church. Yet they do not receive the fruit so long as they remain under the excommunication, but prayers are + said for them that they may receive the spirit of repentance, so that they may be + loosed from excommunication. + </p> + <p id="XP_Q21_A1-p11"> + <b>Reply to Objection 2:</b> One man's prayers profit another in so far as they can reach to him. Now the action of one man may reach to another in two + ways. First, by virtue of charity which unites all the faithful, making them one in God, according to + <a class="scripRef" id="XP_Q21_A1-p11.1" href="./asv.html#Ps.118.63" target="asv"> Ps. 118:63</a>: "I am a partaker with all them that fear Thee." Now excommunication does not interrupt this union, since no man can be justly + excommunicated except for a mortal sin, whereby a man is already + separated from charity, even without being excommunicated. An unjust excommunication cannot deprive a man of charity, since + this is one of the greatest of all goods, of which a man cannot be deprived against his will. Secondly, through the intention + of the one who prays, which intention is directed to the person he prays for, and this union is interrupted by excommunication, + because by passing sentence of excommunication, the Church severs a man from the whole body of the faithful, for whom she + prays. Hence those prayers of the Church which are offered up for the whole Church, do not profit those who are excommunicated. + Nor can prayers be said for them among the members of the Church as speaking in the Church's name, although a private individual + may say a prayer with the intention of offering it for their conversion. + </p> + <p id="XP_Q21_A1-p12"> + <b>Reply to Objection 3:</b> The spiritual fruit of the Church is derived not only from her prayers, but also from the sacraments received and from the + faithful dwelling together. + </p> + <p id="XP_Q21_A1-p13"> + <b>Reply to Objection 4:</b> The minor excommunication does not fulfill all the conditions of excommunication but only a part of them, hence the definition + of excommunication need not apply to it in every respect, but only in some. + </p> + <p id="XP_Q21_A1-p14"></p> + <p id="XP_Q21_A1-p15"></p> + <a href="summa.XP_Q21.html"></a> + <a href="summa.XP_Q21_A2.html"></a> + </div> + <div id="XP_Q21_A2" class="div4"> + <a href="summa.XP_Q21_A1.html"></a> + <a href="summa.XP_Q21_A3.html"></a> + <h4 id="XP_Q21_A2-p0.1">Whether the Church should excommunicate anyone?</h4> + <p id="XP_Q21_A2-p1"></p> + <p id="XP_Q21_A2-p2"> + <b>Objection 1:</b> It would seem that the Church ought not to excommunicate anyone, because excommunication is a kind of curse, and we are forbidden + to curse ( + <a class="scripRef" id="XP_Q21_A2-p2.1" href="./asv.html#Rom.12.14" target="asv">Rom. 12:14</a>). Therefore the Church should not excommunicate. + </p> + <p id="XP_Q21_A2-p3"> + <b>Objection 2:</b> Further, the Church Militant should imitate the Church Triumphant. Now we read in the epistle of Jude (verse 9) that "when + Michael the Archangel disputing with the devil contended about the body of Moses, he durst not bring against him the judgment + of railing speech, but said: The Lord command thee." Therefore the Church Militant ought not to judge any man by cursing or + excommunicating him. + </p> + <p id="XP_Q21_A2-p4"> + <b>Objection 3:</b> Further, no man should be given into the hands of his enemies, unless there be no hope for him. Now by excommunication a + man is given into the hands of Satan, as is clear from + <a class="scripRef" id="XP_Q21_A2-p4.1" href="./asv.html#iCor.5.5" target="asv">1 Cor. 5:5.</a> Since then we should never give up hope about anyone in this life, the Church should not excommunicate anyone. + </p> + <p id="XP_Q21_A2-p5"> + <b>On the contrary,</b> The Apostle ( + <a class="scripRef" id="XP_Q21_A2-p5.1" href="./asv.html#iCor.5.5" target="asv">1 Cor. 5:5</a>) ordered a man to be excommunicated. + </p> + <p id="XP_Q21_A2-p6"> Further, it is written ( + <a class="scripRef" id="XP_Q21_A2-p6.1" href="./asv.html#Matt.18.17" target="asv">Mat. 18:17</a>) about the man who refuses to hear the Church: "Let him be to thee as the heathen or publican." But heathens are outside + the Church. Therefore they also who refuse to hear the Church, should be banished from the Church by excommunication. + </p> + <p id="XP_Q21_A2-p7"> + <b>I answer that,</b> The judgment of the Church should be conformed to the judgment of God. Now God punishes the sinner in many ways, in order + to draw him to good, either by chastising him with stripes, or by leaving him to himself so that being deprived of those helps + whereby he was kept out of evil, he may acknowledge his weakness, and humbly return to God Whom he had abandoned in his pride. + In both these respects the Church by passing sentence of excommunication imitates the + judgment of God. For by severing a man from the communion of the faithful that he may blush with shame, she imitates the judgment + whereby God chastises man with stripes; and by depriving him of prayers and other spiritual things, she imitates the judgment + of God in leaving man to himself, in order that by humility he may learn to know himself and return to God. + </p> + <p id="XP_Q21_A2-p8"> + <b>Reply to Objection 1:</b> A curse may be pronounced in two ways: first, so that the intention of the one who curses is fixed on the evil which he invokes + or pronounces, and cursing in this sense is altogether forbidden. Secondly, so that the evil which a man invokes in cursing + is intended for the good of the one who is cursed, and thus cursing is sometimes lawful and salutary: thus a physician makes + a sick man undergo pain, by cutting him, for instance, in order to deliver him + from his sickness. + </p> + <p id="XP_Q21_A2-p9"> + <b>Reply to Objection 2:</b> The devil cannot be brought to repentance, wherefore the pain of excommunication cannot do him any good. + </p> + <p id="XP_Q21_A2-p10"> + <b>Reply to Objection 3:</b> From the very fact that a man is deprived of the prayers of the Church, he incurs a triple loss, corresponding to the three + things which a man acquires through the Church's prayers. For they bring an increase of grace to those who have it, or merit + grace for those who have it not; and in this respect the Master of the Sentences says (Sent. iv, D, 18): "The grace of God + is taken away by excommunication." They also prove a safeguard of virtue; and in + this respect he says that "protection is taken away," not that the excommunicated person is withdrawn altogether from God's + providence, but that he is excluded from that protection with which He watches over the children of the Church in a more special + way. Moreover, they are useful as a defense against the enemy, and in this respect he says that "the devil receives greater + power of assaulting the excommunicated person, both spiritually and corporally." Hence in the early Church, when men had + to be enticed to the faith by means of outward signs (thus the gift of the Holy Ghost was shown openly by a visible sign), + so too excommunication was evidenced by a person being troubled in his body by the devil. Nor is it unreasonable that one, + for whom there is still hope, be given over to the enemy, for he is surrendered, not unto damnation, but unto correction, + since the Church has the power to rescue him from the hands of the enemy, whenever he is willing. + </p> + <p id="XP_Q21_A2-p11"></p> + <p id="XP_Q21_A2-p12"></p> + <a href="summa.XP_Q21_A1.html"></a> + <a href="summa.XP_Q21_A3.html"></a> + </div> + <div id="XP_Q21_A3" class="div4"> + <a href="summa.XP_Q21_A2.html"></a> + <a href="summa.XP_Q21_A4.html"></a> + <h4 id="XP_Q21_A3-p0.1">Whether anyone should be excommunicated for inflicting temporal harm?</h4> + <p id="XP_Q21_A3-p1"></p> + <p id="XP_Q21_A3-p2"> + <b>Objection 1:</b> It would seem that no man should be excommunicated for inflicting a temporal harm. For the punishment should not exceed the + fault. But the punishment of excommunication is the privation of a spiritual good, which surpasses all temporal goods. Therefore + no man should be excommunicated for temporal injuries. + </p> + <p id="XP_Q21_A3-p3"> + <b>Objection 2:</b> Further, we should render to no man evil for evil, according to the precept of the Apostle ( + <a class="scripRef" id="XP_Q21_A3-p3.1" href="./asv.html#Rom.12.17" target="asv">Rom. 12:17</a>). But this would be rendering evil for evil, if a man were to be excommunicated for doing such an injury. Therefore this + ought by no means to be done. + </p> + <p id="XP_Q21_A3-p4"> + <b>On the contrary,</b> Peter sentenced Ananias and Saphira to death for keeping back the price of their piece of land ( + <a class="scripRef" id="XP_Q21_A3-p4.1" href="./asv.html#Acts.5.1" target="asv">Acts 5:1-10</a>). Therefore it is lawful for the Church to excommunicate for temporal injuries. + </p> + <p id="XP_Q21_A3-p5"> + <b>I answer that,</b> By excommunication the ecclesiastical judge excludes a man, in a sense, from the kingdom. Wherefore, since he ought not to + exclude from the kingdom others than the unworthy, as was made clear from the definition of the keys ( + <a id="XP_Q21_A3-p5.1" shape="rect" href="summa.XP_Q17_A2.html">Q[17], A[2]</a>), and since no one becomes unworthy, unless, through committing a mortal sin, he lose charity which is the way leading to + the kingdom, it follows that no man should be excommunicated except for a + mortal sin. And since by injuring a man in his body or in his temporalities, one may sin mortally and act against charity, + the Church can excommunicate a man for having inflicted temporal injury on anyone. Yet, as excommunication is the most severe + punishment, and since punishments are intended as remedies, according to the Philosopher (Ethic. ii), and again since a prudent + physician begins with lighter and less risky remedies, therefore excommunication should not be inflicted, even for a + mortal sin, unless the sinner be obstinate, either by not coming up for judgment, or by going away before judgment is pronounced, + or by failing to obey the decision of the court. For then, if, after due warning, he refuse to obey, he is reckoned to be + obstinate, and the judge, not being able to proceed otherwise against him, must excommunicate him. + </p> + <p id="XP_Q21_A3-p6"> + <b>Reply to Objection 1:</b> A fault is not measured by the extent of the damage a man does, but by the will with which he does it, acting against charity. + Wherefore, though the punishment of excommunication exceeds the harm done, it does not exceed the measure of the sin. + </p> + <p id="XP_Q21_A3-p7"> + <b>Reply to Objection 2:</b> When a man is corrected by being punished, evil is not rendered to him, but good: since punishments are remedies, as stated + above. + </p> + <p id="XP_Q21_A3-p8"></p> + <p id="XP_Q21_A3-p9"></p> + <a href="summa.XP_Q21_A2.html"></a> + <a href="summa.XP_Q21_A4.html"></a> + </div> + <div id="XP_Q21_A4" class="div4"> + <a href="summa.XP_Q21_A3.html"></a> + <a href="summa.XP_Q22.html"></a> + <h4 id="XP_Q21_A4-p0.1">Whether an excommunication unjustly pronounced has any effect?</h4> + <p id="XP_Q21_A4-p1"></p> + <p id="XP_Q21_A4-p2"> + <b>Objection 1:</b> It would seem that an excommunication which is pronounced unjustly has no effect at all. Because excommunication deprives + a man of the protection and grace of God, which cannot be forfeited unjustly. Therefore excommunication has no effect if it + be unjustly pronounced. + </p> + <p id="XP_Q21_A4-p3"> + <b>Objection 2:</b> Further, Jerome says (on + <a class="scripRef" id="XP_Q21_A4-p3.1" href="./asv.html#Matt.16.19" target="asv"> Mat. 16:19</a>: "I will give to thee the keys"): "It is a pharisaical severity to reckon as really bound or loosed, that which is bound + or loosed unjustly." But that severity was proud and erroneous. Therefore an unjust excommunication has no effect. + </p> + <p id="XP_Q21_A4-p4"> + <b>On the contrary,</b> According to Gregory (Hom. xxvi in Evang.), "the sentence of the pastor is to be feared whether it be just or unjust." Now + there would be no reason to fear an unjust excommunication if it did not hurt. Therefore, etc. + </p> + <p id="XP_Q21_A4-p5"> + <b>I answer that,</b> An excommunication may be unjust for two reasons. First, on the part of its author, as when anyone excommunicates through + hatred or anger, and then, nevertheless, the excommunication takes effect, though its author sins, because the one who is + excommunicated suffers justly, even if the author act wrongly in excommunicating him. Secondly, on the part of the excommunication, + through there being no proper cause, or through the sentence being passed without the + forms of law being observed. In this case, if the error, on the part of the sentence, be such as to render the sentence void, + this has no effect, for there is no excommunication; but if the error does not annul the sentence, this takes effect, and + the person excommunicated should humbly submit (which will be credited to him as a merit), and either seek absolution from + the person who has excommunicated him, or appeal to a higher judge. If, however, he were to contemn the sentence, he would + "ipso + facto" sin mortally. + </p> + <p id="XP_Q21_A4-p6"> But sometimes it happens that there is sufficient cause on the part of the excommunicator, but not on the part of the excommunicated, + as when a man is excommunicated for a crime which he has not committed, but which has been proved against him: in this case, + if he submit humbly, the merit of his humility will compensate him for the harm of excommunication. + </p> + <p id="XP_Q21_A4-p7"> + <b>Reply to Objection 1:</b> Although a man cannot lose God's grace unjustly, yet he can unjustly lose those things which on our part dispose us to receive + grace. for instance, a man may be deprived of the instruction which he ought to have. It is in this sense that excommunication + is said to deprive a man of God's grace, as was explained above (A[2], ad 3). + </p> + <p id="XP_Q21_A4-p8"> + <b>Reply to Objection 2:</b> Jerome is speaking of sin not of its punishments, which can be inflicted unjustly by ecclesiastical superiors. + </p> + <p id="XP_Q21_A4-p9"></p> + <p id="XP_Q21_A4-p10"></p> + <a href="summa.XP_Q21_A3.html"></a> + <a href="summa.XP_Q22.html"></a> + </div> + <a href="summa.XP_Q20_A3.html"></a> + <a href="summa.XP_Q21_A1.html"></a> + </div> + <div id="XP_Q22" class="div3"> + <a href="summa.XP_Q21_A4.html"></a> + <a href="summa.XP_Q22_A1.html"></a> + <h3 id="XP_Q22-p0.1">OF THOSE WHO CAN EXCOMMUNICATE OR BE EXCOMMUNICATED (SIX ARTICLES)</h3> + <p id="XP_Q22-p1"></p> + <p id="XP_Q22-p2"> We must now consider those who can excommunicate or be excommunicated. Under this head there are six points of inquiry:</p> + <p id="XP_Q22-p3"> (1) Whether every priest can excommunicate?</p> + <p id="XP_Q22-p4"> (2) Whether one who is not a priest can excommunicate?</p> + <p id="XP_Q22-p5"> (3) Whether one who is excommunicated or suspended, can excommunicate?</p> + <p id="XP_Q22-p6"> (4) Whether anyone can excommunicate himself, or an equal, or a superior?</p> + <p id="XP_Q22-p7"> (5) Whether a multitude can be excommunicated?</p> + <p id="XP_Q22-p8"> (6) Whether one who is already excommunicated can be excommunicated again?</p> + <div id="XP_Q22_A1" class="div4"> + <a href="summa.XP_Q22.html"></a> + <a href="summa.XP_Q22_A2.html"></a> + <h4 id="XP_Q22_A1-p0.1">Whether every priest can excommunicate?</h4> + <p id="XP_Q22_A1-p1"></p> + <p id="XP_Q22_A1-p2"> + <b>Objection 1:</b> It would seem that every priest can excommunicate. For excommunication is an act of the keys. But every priest has the keys. + Therefore every priest can excommunicate. + </p> + <p id="XP_Q22_A1-p3"> + <b>Objection 2:</b> Further, it is a greater thing to loose and bind in the tribunal of penance than in the tribunal of judgment. But every priest + can loose and bind his subjects in the tribunal of Penance. Therefore every priest can excommunicate his subjects. + </p> + <p id="XP_Q22_A1-p4"> + <b>On the contrary,</b> Matters fraught with danger should be left to the decision of superiors. Now the punishment of excommunication is fraught + with many dangers, unless it be inflicted with moderation. Therefore it should not be entrusted to every priest. + </p> + <p id="XP_Q22_A1-p5"> + <b>I answer that,</b> In the tribunal of conscience the plea is between man and God, whereas in the outward tribunal it is between man and man. + Wherefore the loosing or binding of one man in relation to God alone, belongs to the tribunal of Penance, whereas the binding + or loosing of a man in relation to other men, belongs to the public tribunal of external judgment. And since excommunication + severs a man from the communion of the faithful, it belongs to the external tribunal. + Consequently those alone can excommunicate who have jurisdiction in the judicial tribunal. Hence, of their own authority, + only bishops and higher prelates, according to the more common opinion can excommunicate, whereas parish priests can do so + only by commission or in certain cases, as those of theft, rapine and the like, in which the law allows them to excommunicate. + Others, however, have maintained that even parish priests can excommunicate: but the former opinion is more reasonable. + </p> + <p id="XP_Q22_A1-p6"> + <b>Reply to Objection 1:</b> Excommunication is an act of the keys not directly, but with respect to the external judgment. The sentence of excommunication, + however, though it is promulgated by an external verdict, still, as it belongs somewhat to the entrance to the kingdom, in + so far as the Church Militant is the way to the Church Triumphant, this jurisdiction whereby a man is competent to excommunicate, + can be called a key. It is in this sense that some distinguish between the + key of orders, which all priests have, and the key of jurisdiction in the tribunal of judgment, which none have but the judges + of the external tribunal. Nevertheless God bestowed both on Peter ( + <a class="scripRef" id="XP_Q22_A1-p6.1" href="./asv.html#Matt.16.19" target="asv">Mat. 16:19</a>), from whom they are derived by others, whichever of them they have. + </p> + <p id="XP_Q22_A1-p7"> + <b>Reply to Objection 2:</b> Parish priests have jurisdiction indeed over their subjects, in the tribunal of conscience, but not in the judicial tribunal, + for they cannot summons them in contentious cases. Hence they cannot excommunicate, but they can absolve them in the tribunal + of Penance. And though the tribunal of Penance is higher, yet more solemnity is requisite in the judicial tribunal, because + therein it is necessary to make satisfaction not only to God but also to + man. + </p> + <p id="XP_Q22_A1-p8"></p> + <p id="XP_Q22_A1-p9"></p> + <a href="summa.XP_Q22.html"></a> + <a href="summa.XP_Q22_A2.html"></a> + </div> + <div id="XP_Q22_A2" class="div4"> + <a href="summa.XP_Q22_A1.html"></a> + <a href="summa.XP_Q22_A3.html"></a> + <h4 id="XP_Q22_A2-p0.1">Whether those who are not priests can excommunicate? </h4> + <p id="XP_Q22_A2-p1"></p> + <p id="XP_Q22_A2-p2"> + <b>Objection 1:</b> It would seem that those who are not priests cannot excommunicate. Because excommunication is an act of the keys, as stated + in Sent. iv, D, 18. But those who are not priests have not the keys. Therefore they cannot excommunicate. + </p> + <p id="XP_Q22_A2-p3"> + <b>Objection 2:</b> Further, more is required for excommunication than for absolution in the tribunal of Penance. But one who is not a priest + cannot absolve in the tribunal of Penance. Neither therefore can he excommunicate. + </p> + <p id="XP_Q22_A2-p4"> + <b>On the contrary,</b> Archdeacons, legates and bishops-elect excommunicate, and yet sometimes they are not priests. Therefore not only priests + can excommunicate. + </p> + <p id="XP_Q22_A2-p5"> + <b>I answer that,</b> Priests alone are competent to dispense the sacraments wherein grace is given: wherefore they alone can loose and bind in + the tribunal of Penance. On the other hand excommunication regards grace, not directly but consequently, in so far as it deprives + a man of the Church's prayers, by which he is disposed for grace or preserved therein. Consequently even those who are not + priests, provided they have jurisdiction in a contentious court, can excommunicate. + </p> + <p id="XP_Q22_A2-p6"> + <b>Reply to Objection 1:</b> Though they have not the key of orders, they have the key of jurisdiction. + </p> + <p id="XP_Q22_A2-p7"> + <b>Reply to Objection 2:</b> These two are related to one another as something exceeding and something exceeded [*Cf. A[1], a[2]; + <a id="XP_Q22_A2-p7.1" shape="rect" href="summa.XP_Q24_A1.html"> Q[24], A[1]</a>, ad 1], and consequently one of them may be within the competency of someone while the other is not. + </p> + <p id="XP_Q22_A2-p8"></p> + <p id="XP_Q22_A2-p9"></p> + <a href="summa.XP_Q22_A1.html"></a> + <a href="summa.XP_Q22_A3.html"></a> + </div> + <div id="XP_Q22_A3" class="div4"> + <a href="summa.XP_Q22_A2.html"></a> + <a href="summa.XP_Q22_A4.html"></a> + <h4 id="XP_Q22_A3-p0.1">Whether a man who is excommunicated or suspended can excommunicate another?</h4> + <p id="XP_Q22_A3-p1"></p> + <p id="XP_Q22_A3-p2"> + <b>Objection 1:</b> It would seem that one who is excommunicated or suspended can excommunicate another. For such a one has lost neither orders + nor jurisdiction, since neither is he ordained anew when he is absolved, nor is his jurisdiction renewed. But excommunication + requires nothing more than orders or jurisdiction. Therefore even one who is excommunicated or suspended can excommunicate. + </p> + <p id="XP_Q22_A3-p3"> + <b>Objection 2:</b> Further. it is a greater thing to consecrate the body of Christ than to excommunicate. But such persons can consecrate. Therefore + they can excommunicate. + </p> + <p id="XP_Q22_A3-p4"> + <b>On the contrary,</b> one whose body is bound cannot bind another. But spiritual gyves are stronger than bodily fetters. Therefore one who is excommunicated + cannot excommunicate another, since excommunication is a spiritual chain. + </p> + <p id="XP_Q22_A3-p5"> + <b>I answer that,</b> Jurisdiction can only be used in relation to another man. Consequently, since every excommunicated person is severed from + the communion of the faithful, he is deprived of the use of jurisdiction. And as excommunication requires jurisdiction, an + excommunicated person cannot excommunicate, and the same reason applies to one who is suspended from jurisdiction. For if + he be suspended from orders only, then he cannot exercise his order, but he can use his + jurisdiction, while, on the other hand, if he be suspended from jurisdiction and not from orders. he cannot use his jurisdiction, + though he can exercise his order: and if he be suspended from both, he can exercise neither. + </p> + <p id="XP_Q22_A3-p6"> + <b>Reply to Objection 1:</b> Although an excommunicated or suspended person does not lose his jurisdiction, yet he does lose its use. + </p> + <p id="XP_Q22_A3-p7"> + <b>Reply to Objection 2:</b> The power of consecration results from the power of the character which is indelible, wherefore, from the very fact that + a man has the character of order, he can always consecrate, though not always lawfully. It is different with the power of + excommunication which results from jurisdiction, for this can be taken away and bound. + </p> + <p id="XP_Q22_A3-p8"></p> + <p id="XP_Q22_A3-p9"></p> + <a href="summa.XP_Q22_A2.html"></a> + <a href="summa.XP_Q22_A4.html"></a> + </div> + <div id="XP_Q22_A4" class="div4"> + <a href="summa.XP_Q22_A3.html"></a> + <a href="summa.XP_Q22_A5.html"></a> + <h4 id="XP_Q22_A4-p0.1">Whether a man can excommunicate himself, his equal, or his superior?</h4> + <p id="XP_Q22_A4-p1"></p> + <p id="XP_Q22_A4-p2"> + <b>Objection 1:</b> It would seem that a man can excommunicate himself, his equal, or his superior. For an angel of God was greater than Paul, + according to + <a class="scripRef" id="XP_Q22_A4-p2.1" href="./asv.html#Matt.11.11" target="asv">Mat. 11:11</a>: "He that is lesser in the kingdom of heaven is greater then he, a greater" than whom "hath not risen among men that are + born of women." Now Paul excommunicated an angel from heaven ( + <a class="scripRef" id="XP_Q22_A4-p2.2" href="./asv.html#Gal.1.8" target="asv">Gal. 1:8</a>). Therefore a man can excommunicate his superior. + </p> + <p id="XP_Q22_A4-p3"> + <b>Objection 2:</b> Further, sometimes a priest pronounces a general excommunication for theft or the like. But it might happen that he, or his + equal, or a superior has done such things. Therefore a man can excommunicate himself, his equal, or a superior. + </p> + <p id="XP_Q22_A4-p4"> + <b>Objection 3:</b> Further, a man can absolve his superior or his equal in the tribunal of Penance, as when a bishop confesses to his subject, + or one priest confesses venial sins to another. Therefore it seems that a man may also excommunicate his superior, or his + equal. + </p> + <p id="XP_Q22_A4-p5"> + <b>On the contrary,</b> Excommunication is an act of jurisdiction. But no man has jurisdiction over himself (since one cannot be both judge and defendant + in the same trial), or over his superior, or over an equal. Therefore a man cannot excommunicate his superior, or his equal, + or himself. + </p> + <p id="XP_Q22_A4-p6"> + <b>I answer that,</b> Since, by jurisdiction, a man is placed above those over whom he has jurisdiction, through being their judge, it follows + that no man has jurisdiction over himself, his superior, or his equal, and that, consequently, no one can excommunicate either + himself, or his superior, or his equal. + </p> + <p id="XP_Q22_A4-p7"> + <b>Reply to Objection 1:</b> The Apostle is speaking hypothetically, i.e. supposing an angel were to sin, for in that case he would not be higher than + the Apostle, but lower. Nor is it absurd that, if the antecedent of a conditional sentence be impossible, the consequence + be impossible also. + </p> + <p id="XP_Q22_A4-p8"> + <b>Reply to Objection 2:</b> In that case no one would be excommunicated, since no man has power over his peer. + </p> + <p id="XP_Q22_A4-p9"> + <b>Reply to Objection 3:</b> Loosing and binding in the tribunal of confession affects our relation to God only, in Whose sight a man from being above + another sinks below him through sin; while on the other hand excommunication is the affair of an external tribunal in which + a man does not forfeit his superiority on account of sin. Hence there is no comparison between the two tribunals. Nevertheless, + even in the tribunal of confession, a man cannot absolve himself, or his + superior, or his equal, unless the power to do so be committed to him. This does not apply to venial sins, because they can + be remitted through any sacraments which confer grace, hence remission of venial sins follows the power of orders. + </p> + <p id="XP_Q22_A4-p10"></p> + <p id="XP_Q22_A4-p11"></p> + <a href="summa.XP_Q22_A3.html"></a> + <a href="summa.XP_Q22_A5.html"></a> + </div> + <div id="XP_Q22_A5" class="div4"> + <a href="summa.XP_Q22_A4.html"></a> + <a href="summa.XP_Q22_A6.html"></a> + <h4 id="XP_Q22_A5-p0.1">Whether a sentence of excommunication can be passed on a body of men?</h4> + <p id="XP_Q22_A5-p1"></p> + <p id="XP_Q22_A5-p2"> + <b>Objection 1:</b> It would seem that sentence of excommunication can be passed on a body of men. Because it is possible for a number of people + to be united together in wickedness. Now when a man is obstinate in his wickedness he should be excommunicated. Therefore + a body of men can be excommunicated. + </p> + <p id="XP_Q22_A5-p3"> + <b>Objection 2:</b> Further, the most grievous effect of an excommunication is privation of the sacraments of the Church. But sometimes a whole + country is laid under an interdict. Therefore a body of people can be excommunicated. + </p> + <p id="XP_Q22_A5-p4"> + <b>On the contrary,</b> A gloss of Augustine [*Cf. Ep. ccl] on + <a class="scripRef" id="XP_Q22_A5-p4.1" href="./asv.html#Matt.12" target="asv">Mat. 12</a> asserts that the sovereign and a body of people cannot be excommunicated. + </p> + <p id="XP_Q22_A5-p5"> + <b>I answer that,</b> No man should be excommunicated except for a mortal sin. Now sin consists in an act: and acts do not belong to communities, + but, generally speaking, to individuals. Wherefore individual members of a community can be excommunicated, but not the community + itself. And although sometimes an act belongs to a whole multitude, as when many draw a boat, which none of them could draw + by himself, yet it is not probable that a community would so wholly consent to evil + that there would be no dissentients. Now God, Who judges all the earth, does not condemn the just with the wicked ( + <a class="scripRef" id="XP_Q22_A5-p5.1" href="./asv.html#Gen.18.25" target="asv">Gn. 18:25</a>). Therefore the Church, who should imitate the judgments of God, prudently decided that a community should not be excommunicated, + lest the wheat be uprooted together with the tares and cockle. + </p> + <p id="XP_Q22_A5-p6"> The Reply to the First Objection is evident from what has been said.</p> + <p id="XP_Q22_A5-p7"> + <b>Reply to Objection 2:</b> Suspension is not so great a punishment as excommunication, since those who are suspended are not deprived of the prayers + of the Church, as the excommunicated are. Wherefore a man can be suspended without having committed a sin himself, just as + a whole kingdom is laid under an interdict on account of the king's crime. Hence there is no comparison between excommunication + and suspension. + </p> + <p id="XP_Q22_A5-p8"></p> + <p id="XP_Q22_A5-p9"></p> + <a href="summa.XP_Q22_A4.html"></a> + <a href="summa.XP_Q22_A6.html"></a> + </div> + <div id="XP_Q22_A6" class="div4"> + <a href="summa.XP_Q22_A5.html"></a> + <a href="summa.XP_Q23.html"></a> + <h4 id="XP_Q22_A6-p0.1">Whether a man can be excommunicated who is already under sentence of excommunication?</h4> + <p id="XP_Q22_A6-p1"></p> + <p id="XP_Q22_A6-p2"> + <b>Objection 1:</b> It would seem that a man who is already under sentence of excommunication cannot be excommunicated any further. For the Apostle + says ( + <a class="scripRef" id="XP_Q22_A6-p2.1" href="./asv.html#iCor.5.12" target="asv">1 Cor. 5:12</a>): "What have I to do to judge them that are without?" Now those who are excommunicated are already outside the Church. Therefore + the Church cannot exercise any further judgment on them, so as to excommunicate them again. + </p> + <p id="XP_Q22_A6-p3"> + <b>Objection 2:</b> Further, excommunication is privation of divine things and of the communion of the faithful. But when a man has been deprived + of a thing, he cannot be deprived of it again. Therefore one who is excommunicated cannot be excommunicated again + </p> + <p id="XP_Q22_A6-p4"> + <b>On the contrary,</b> Excommunication is a punishment and a healing medicine. Now punishments and medicines are repeated when necessary. Therefore + excommunication can be repeated. + </p> + <p id="XP_Q22_A6-p5"> + <b>I answer that,</b> A man who is under sentence of one excommunication, can be excommunicated again, either by a repetition of the same excommunication, + for his greater confusion, so that he may renounce sin, or for some other cause. And then there are as many principal excommunications, + as there are causes for his being excommunicated. + </p> + <p id="XP_Q22_A6-p6"> + <b>Reply to Objection 1:</b> The Apostle is speaking of heathens and of other unbelievers who have no (sacramental) character, whereby they are numbered + among the people of God. But since the baptismal character whereby a man is numbered among God's people, is indelible, one + who is baptized always belongs to the Church in some way, so that the Church is always competent to sit in judgment on him. + </p> + <p id="XP_Q22_A6-p7"> + <b>Reply to Objection 2:</b> Although privation does not receive more or less in itself, yet it can, as regards its cause. In this way an excommunication + can be repeated, and a man who has been excommunicated several times is further from the Church's prayers than one who has + been excommunicated only once. + </p> + <p id="XP_Q22_A6-p8"></p> + <p id="XP_Q22_A6-p9"></p> + <a href="summa.XP_Q22_A5.html"></a> + <a href="summa.XP_Q23.html"></a> + </div> + <a href="summa.XP_Q21_A4.html"></a> + <a href="summa.XP_Q22_A1.html"></a> + </div> + <div id="XP_Q23" class="div3"> + <a href="summa.XP_Q22_A6.html"></a> + <a href="summa.XP_Q23_A1.html"></a> + <h3 id="XP_Q23-p0.1">OF COMMUNICATION WITH EXCOMMUNICATED PERSONS (THREE ARTICLES)</h3> + <p id="XP_Q23-p1"></p> + <p id="XP_Q23-p2"> We must now consider communication with those who are excommunicated. Under this head there are three points of inquiry:</p> + <p id="XP_Q23-p3"> (1) Whether it is lawful to communicate in matters purely corporal with one who is excommunicated?</p> + <p id="XP_Q23-p4"> (2) Whether one who communicates with an excommunicated person is excommunicated?</p> + <p id="XP_Q23-p5"> (3) Whether it is always a mortal sin to communicate with an excommunicated person in matters not permitted by law?</p> + <div id="XP_Q23_A1" class="div4"> + <a href="summa.XP_Q23.html"></a> + <a href="summa.XP_Q23_A2.html"></a> + <h4 id="XP_Q23_A1-p0.1">Whether it is lawful, in matters purely corporal, to communicate with an excommunicated person?</h4> + <p id="XP_Q23_A1-p1"></p> + <p id="XP_Q23_A1-p2"> + <b>Objection 1:</b> It would seem that it is lawful, in matters purely corporal, to communicate with an excommunicated person. For excommunication + is an act of the keys. But the power of the keys extends only to spiritual matters. Therefore excommunication does not prevent + one from communicating with another in matters corporal. + </p> + <p id="XP_Q23_A1-p3"> + <b>Objection 2:</b> Further, "What is instituted for the sake of charity, does not militate against charity" (Cf. + <a id="XP_Q23_A1-p3.1" shape="rect" href="summa.XP_Q11_A1.html"> Q[11], A[1]</a>, OBJ[1]). But we are bound by the precept of charity to succor our enemies, which is impossible without some sort of communication. + Therefore it is lawful to communicate with an excommunicated person in corporal matters. + </p> + <p id="XP_Q23_A1-p4"> + <b>On the contrary,</b> It is written ( + <a class="scripRef" id="XP_Q23_A1-p4.1" href="./asv.html#iCor.5.11" target="asv">1 Cor. 5:11</a>): "With such an one not so much as to eat." + </p> + <p id="XP_Q23_A1-p5"> + <b>I answer that,</b> Excommunication is twofold: there is minor excommunication, which deprives a man merely of a share in the sacraments, but + not of the communion of the faithful. Wherefore it is lawful to communicate with a person lying under an excommunication of + this kind, but not to give him the sacraments. The other is major excommunication which deprives a man of the sacraments of + the Church and of the communion of the faithful. Wherefore it is not lawful to communicate + with one who lies under such an excommunication. But, since the Church resorts to excommunication to repair and not to destroy, + exception is made from this general law, in certain matters wherein communication is lawful, viz. in those which concern salvation, + for one is allowed to speak of such matters with an excommunicated person; and one may even speak of other matters so as to + put him at his ease and to make the words of salvation more acceptable. Moreover exception is made in favor of + certain people whose business it is to be in attendance on the excommunicated person, viz. his wife, child, slave, vassal + or subordinate. This, however, is to be understood of children who have not attained their majority, else they are forbidden + to communicate with their father: and as to the others, the exception applies to them if they have entered his service before + his excommunication, but not if they did so afterwards. + </p> + <p id="XP_Q23_A1-p6"> Some understand this exception to apply in the opposite way, viz. that the master can communicate with his subjects: while + others hold the contrary. At any rate it is lawful for them to communicate with others in matters wherein they are under an + obligation to them, for just as subjects are bound to serve their master, so is the master bound to look after his subjects. + Again certain cases are excepted; as when the fact of the excommunication is unknown, or in the case of + strangers or travelers in the country of those who are excommunicated, for they are allowed to buy from them, or to receive + alms from them. Likewise if anyone were to see an excommunicated person in distress: for then he would be bound by the precept + of charity to assist him. These are all contained in the following line: "Utility, law, lowliness, ignorance of fact, necessity," + where "utility" refers to salutary words, "law" to marriage, "lowliness" to subjection. The others need no + explanation. + </p> + <p id="XP_Q23_A1-p7"> + <b>Reply to Objection 1:</b> Corporal matters are subordinate to spiritual matters. Wherefore the power which extends to spiritual things, can also extend + to matters touching the body: even as the art which considers the end commands in matters ordained to the end. + </p> + <p id="XP_Q23_A1-p8"> + <b>Reply to Objection 2:</b> In a case where one is bound by the precept of charity to hold communication, the prohibition ceases, as is clear from what + has been said. + </p> + <p id="XP_Q23_A1-p9"></p> + <p id="XP_Q23_A1-p10"></p> + <a href="summa.XP_Q23.html"></a> + <a href="summa.XP_Q23_A2.html"></a> + </div> + <div id="XP_Q23_A2" class="div4"> + <a href="summa.XP_Q23_A1.html"></a> + <a href="summa.XP_Q23_A3.html"></a> + <h4 id="XP_Q23_A2-p0.1">Whether a person incurs excommunication for communicating with one who is excommunicated?</h4> + <p id="XP_Q23_A2-p1"></p> + <p id="XP_Q23_A2-p2"> + <b>Objection 1:</b> It would seem that a person does not incur excommunication for communicating with one who is excommunicated. For a heathen + or a Jew is more separated from the Church than a person who is excommunicated. But one does not incur excommunication for + communicating with a heathen or a Jew. Neither, therefore, does one for communicating with an excommunicated Christian. + </p> + <p id="XP_Q23_A2-p3"> + <b>Objection 2:</b> Further, if a man incurs excommunication for communicating with an excommunicated person, for the same reason a third would + incur excommunication for communicating with him, and thus one might go on indefinitely, which would seem absurd. Therefore + one does not incur excommunication for communicating with one who is excommunicated. + </p> + <p id="XP_Q23_A2-p4"> + <b>On the contrary,</b> An excommunicated person is banished from communion. Therefore whoever communicates with him leaves the communion of the + Church: and hence he seems to be excommunicated. + </p> + <p id="XP_Q23_A2-p5"> + <b>I answer that,</b> A person may incur excommunication in two ways. First, so that the excommunication includes both himself and whosoever communicates + with him: and then, without any doubt, whoever communicates with him, incurs a major excommunication. Secondly, so that the + excommunication is simply pronounced on him; and then a man may communicate with him either in his crime, by counsel, help + or favor, in which case again he incurs the major excommunication, or he may + communicate with him in other things by speaking to him, greeting him, or eating with him, in which case he incurs the minor + excommunication. + </p> + <p id="XP_Q23_A2-p6"> + <b>Reply to Objection 1:</b> The Church has no intention of correcting unbelievers as well as the faithful who are under her care: hence she does not + sever those, whom she excommunicates, from the fellowship of unbelievers, as she does from the communion of the faithful over + whom she exercises a certain power. + </p> + <p id="XP_Q23_A2-p7"> + <b>Reply to Objection 2:</b> It is lawful to hold communion with one who has incurred a minor excommunication, so that excommunication does not pass on + to a third person. + </p> + <p id="XP_Q23_A2-p8"></p> + <p id="XP_Q23_A2-p9"></p> + <a href="summa.XP_Q23_A1.html"></a> + <a href="summa.XP_Q23_A3.html"></a> + </div> + <div id="XP_Q23_A3" class="div4"> + <a href="summa.XP_Q23_A2.html"></a> + <a href="summa.XP_Q24.html"></a> + <h4 id="XP_Q23_A3-p0.1">Whether it is always a mortal sin to communicate with an excommunicated person in other cases than those in which it is allowed?</h4> + <p id="XP_Q23_A3-p1"></p> + <p id="XP_Q23_A3-p2"> + <b>Objection 1:</b> It would seem that it is always a mortal sin to hold communion with an excommunicated person in other cases than those in + which it is allowed. Because a certain decretal (Cap. Sacris: De his quae vi, metuve, etc.) declares that "not even through + fear of death should anyone hold communion with an excommunicated person, since one ought to die rather than commit a mortal + sin." But this would be no reason unless it were always a mortal sin to hold communion with + an excommunicated person. Therefore, etc. + </p> + <p id="XP_Q23_A3-p3"> + <b>Objection 2:</b> Further, it is a mortal sin to act against a commandment of the Church. But the Church forbids anyone to hold communion with + an excommunicated person. Therefore it is a mortal sin to hold communion with one who is excommunicated. + </p> + <p id="XP_Q23_A3-p4"> + <b>Objection 3:</b> Further, no man is debarred from receiving the Eucharist on account of a venial sin. But a man who holds communion with an + excommunicated person, outside those cases in which it is allowed, is debarred from receiving the Eucharist, since he incurs + a minor excommunication. Therefore it is a mortal sin to hold communion with an excommunicated person, save in those cases + in which it is allowed. + </p> + <p id="XP_Q23_A3-p5"> + <b>Objection 4:</b> Further, no one should incur a major excommunication save for a mortal sin. Now according to the law (Can. Praecipue, seqq., + caus. xi) a man may incur a major excommunication for holding communion with an excommunicated person. Therefore it is a mortal + sin to hold communion with one who is excommunicated. + </p> + <p id="XP_Q23_A3-p6"> + <b>On the contrary,</b> None can absolve a man from mortal sin unless he have jurisdiction over him. But any priest can absolve a man for holding + communion with those who are excommunicated. Therefore it is not a mortal sin. + </p> + <p id="XP_Q23_A3-p7"> Further, the measure of the penalty should be according to the measure of the sin, as stated in + <a class="scripRef" id="XP_Q23_A3-p7.1" href="./asv.html#Deut.25.3" target="asv"> Dt. 25:3.</a> Now the punishment appointed by common custom for holding communion with an excommunicated person is not that which is inflicted + for mortal sin, but rather that which is due for venial sin. Therefore it is not a mortal sin. + </p> + <p id="XP_Q23_A3-p8"> + <b>I answer that,</b> Some hold that it is always a mortal sin to hold communion with an excommunicated person, by word or in any of the forbidden + ways mentioned above + <a id="XP_Q23_A3-p8.1" shape="rect" href="summa.XP_Q23_A2.html">(A[2])</a>, except in those cases allowed by law (Cap. Quoniam). But since it seems very hard that a man should be guilty of a mortal + sin by uttering just a slight word to an excommunicated person, and that by excommunicating a person one would endanger the + salvation of many, and lay a snare + which might turn to one's own hurt, it seems to others more probable that he is not always guilty of a mortal sin, but only + when he holds communion with him in a criminal deed, or in an act of Divine worship, or through contempt of the Church. + </p> + <p id="XP_Q23_A3-p9"> + <b>Reply to Objection 1:</b> This decretal is speaking of holding communion in Divine worship. It may also be replied that the same reason applies both + to mortal and venial sin, since just as one cannot do well by committing a mortal sin, so neither can one by committing a + venial sin: so that just as it is a man's duty to suffer death rather than commit a mortal sin, so is it his duty to do so + sooner than commit a venial sin, inasmuch as it is his duty to avoid venial sin. + </p> + <p id="XP_Q23_A3-p10"> + <b>Reply to Objection 2:</b> The commandment of the Church regards spiritual matters directly, and legitimate actions as a consequence: hence by holding + communion in Divine worship one acts against the commandment, and commits a mortal sin; but by holding communion in other + matters, one acts beside the commandment, and sins venially. + </p> + <p id="XP_Q23_A3-p11"> + <b>Reply to Objection 3:</b> Sometimes a man is debarred from the Eucharist even without his own fault, as in the case of those who are suspended or under + an interdict, because these penalties are sometimes inflicted on one person for the sin of another who is thus punished. + </p> + <p id="XP_Q23_A3-p12"> + <b>Reply to Objection 4:</b> Although it is a venial sin to hold communion with one who is excommunicated, yet to do so obstinately is a mortal sin: and + for this reason one may be excommunicated according to the law. + </p> + <p id="XP_Q23_A3-p13"></p> + <p id="XP_Q23_A3-p14"></p> + <a href="summa.XP_Q23_A2.html"></a> + <a href="summa.XP_Q24.html"></a> + </div> + <a href="summa.XP_Q22_A6.html"></a> + <a href="summa.XP_Q23_A1.html"></a> + </div> + <div id="XP_Q24" class="div3"> + <a href="summa.XP_Q23_A3.html"></a> + <a href="summa.XP_Q24_A1.html"></a> + <h3 id="XP_Q24-p0.1">OF ABSOLUTION FROM EXCOMMUNICATION (THREE ARTICLES)</h3> + <p id="XP_Q24-p1"></p> + <p id="XP_Q24-p2"> We must now consider absolution from excommunication: under which head there are three points of inquiry:</p> + <p id="XP_Q24-p3"> (1) Whether any priest can absolve his subject from excommunication?</p> + <p id="XP_Q24-p4"> (2) Whether a man can be absolved from excommunication against his will?</p> + <p id="XP_Q24-p5"> (3) Whether a man can be absolved from one excommunication without being absolved from another?</p> + <div id="XP_Q24_A1" class="div4"> + <a href="summa.XP_Q24.html"></a> + <a href="summa.XP_Q24_A2.html"></a> + <h4 id="XP_Q24_A1-p0.1">Whether any priest can absolve his subject from excommunication? </h4> + <p id="XP_Q24_A1-p1"></p> + <p id="XP_Q24_A1-p2"> + <b>Objection 1:</b> It would seem that any priest can absolve his subject from excommunication. For the chains of sin are stronger than those + of excommunication. But any priest can absolve his subject from sin. Therefore much more can he absolve him from excommunication. + </p> + <p id="XP_Q24_A1-p3"> + <b>Objection 2:</b> Further, if the cause is removed the effect is removed. But the cause of excommunication is a mortal sin. Therefore since + any priest can absolve (his subject) from that mortal sin, he is able likewise to absolve him from the excommunication. + </p> + <p id="XP_Q24_A1-p4"> + <b>On the contrary,</b> It belongs to the same power to excommunicate as to absolve from excommunication. But priests of inferior degree cannot excommunicate + their subjects. Neither, therefore, can they absolve them. + </p> + <p id="XP_Q24_A1-p5"> + <b>I answer that,</b> Anyone can absolve from minor excommunication who can absolve from the sin of participation in the sin of another. But in + the case of a major excommunication, this is pronounced either by a judge, and then he who pronounced sentence or his superior + can absolve---or it is pronounced by law, and then the bishop or even a priest can absolve except in the six cases which the + Pope, who is the maker of laws, reserves to himself: the first is the case of a man who + lays hands on a cleric or a religious; the second is of one who breaks into a church and is denounced for so doing; the third + is of the man who sets fire to a church and is denounced for the deed; the fourth is of one who knowingly communicates in + the Divine worship with those whom the Pope has excommunicated by name; the fifth is the case of one who tampers with the + letters of the Holy See; the sixth is the case of one who communicates in a crime of one who is excommunicated. For he should + not + be absolved except by the person who excommunicated him, even though he be not subject to him, unless, by reason of the difficulty + of appearing before him, he be absolved by the bishop or by his own priest, after binding himself by oath to submit to the + command of the judge who pronounced the excommunication on him. + </p> + <p id="XP_Q24_A1-p6"> There are however eight exceptions to the first case: (1) In the hour of death, when a person can be absolved by any priest + from any excommunication; (2) if the striker be the doorkeeper of a man in authority, and the blow be given neither through + hatred nor of set purpose; (3) if the striker be a woman; (4) if the striker be a servant, whose master is not at fault and + would suffer from his absence; (5) if a religious strike a religious, unless he strike him very grievously; (6) + if the striker be a poor man; (7) if he be a minor, an old man, or an invalid; (8) if there be a deadly feud between them. + </p> + <p id="XP_Q24_A1-p7"> There are, besides, seven cases in which the person who strikes a cleric does not incur excommunication: (1) if he do it + for the sake of discipline, as a teacher or a superior; (2) if it be done for fun; (3) if the striker find the cleric behaving + with impropriety towards his wife his mother, his sister or his daughter; (4) if he return blow for blow at once; (5) if the + striker be not aware that he is striking a cleric; (6) if the latter be guilty of apostasy after the triple + admonition; (7) if the cleric exercise an act which is altogether contrary to the clerical life, e.g. if he become a soldier, + or if he be guilty of bigamy [*Namely, that which is known by canonists as "similar bigamy"]. + </p> + <p id="XP_Q24_A1-p8"> + <b>Reply to Objection 1:</b> Although the chains of sin are in themselves greater than those of excommunication, yet in a certain respect the chains of + excommunication are greater, inasmuch as they bind a man not only in the sight of God, but also in the eye of the Church. + Hence absolution from excommunication requires jurisdiction in the external forum, whereas absolution from sin does not. Nor + is there need of giving one's word by oath, as in the case of absolution from + excommunication, because, as the Apostle declares ( + <a class="scripRef" id="XP_Q24_A1-p8.1" href="./asv.html#Heb.6.16" target="asv">Heb. 6:16</a>), controversies between men are decided by oath. + </p> + <p id="XP_Q24_A1-p9"> + <b>Reply to Objection 2:</b> As an excommunicated person has no share in the sacraments of the Church, a priest cannot absolve him from his guilt, unless + he be first absolved from excommunication. + </p> + <p id="XP_Q24_A1-p10"></p> + <p id="XP_Q24_A1-p11"></p> + <a href="summa.XP_Q24.html"></a> + <a href="summa.XP_Q24_A2.html"></a> + </div> + <div id="XP_Q24_A2" class="div4"> + <a href="summa.XP_Q24_A1.html"></a> + <a href="summa.XP_Q24_A3.html"></a> + <h4 id="XP_Q24_A2-p0.1">Whether anyone can be absolved against his will?</h4> + <p id="XP_Q24_A2-p1"></p> + <p id="XP_Q24_A2-p2"> + <b>Objection 1:</b> It would seem that no man can be absolved against his will. For spiritual things are not conferred on anyone against his + will. Now absolution from excommunication is a spiritual favor. Therefore it cannot be granted to a man against his will. + </p> + <p id="XP_Q24_A2-p3"> + <b>Objection 2:</b> Further, the cause of excommunication is contumacy. But when, through contempt of the excommunication, a man is unwilling + to be absolved, he shows a high degree of contumacy. Therefore he cannot be absolved. + </p> + <p id="XP_Q24_A2-p4"> + <b>On the contrary,</b> Excommunication can be pronounced on a man against his will. Now things that happen to a man against his will, can be removed + from him against his will, as in the case of the goods of fortune. Therefore excommunication can be removed from a man against + his will. + </p> + <p id="XP_Q24_A2-p5"> + <b>I answer that,</b> Evil of fault and evil of punishment differ in this, that the origin of fault is within us, since all sin is voluntary, whereas + the origin of punishment is sometimes without, since punishment does not need to be voluntary, in fact the nature of punishment + is rather to be against the will. Wherefore, just as a man commits no sin except willingly, so no sin is forgiven him against + his will. On the other hand just as a person can be excommunicated against his + will, so can he be absolved therefrom. + </p> + <p id="XP_Q24_A2-p6"> + <b>Reply to Objection 1:</b> The assertion is true of those spiritual goods which depend on our will, such as the virtues, which we cannot lose unwillingly; + for knowledge, although a spiritual good, can be lost by a man against his will through sickness. Hence the argument is not + to the point. + </p> + <p id="XP_Q24_A2-p7"> + <b>Reply to Objection 2:</b> It is possible for excommunication to be removed from a man even though he be contumacious, if it seem to be for the good + of the man for whom the excommunication was intended as a medicine. + </p> + <p id="XP_Q24_A2-p8"></p> + <p id="XP_Q24_A2-p9"></p> + <a href="summa.XP_Q24_A1.html"></a> + <a href="summa.XP_Q24_A3.html"></a> + </div> + <div id="XP_Q24_A3" class="div4"> + <a href="summa.XP_Q24_A2.html"></a> + <a href="summa.XP_Q25.html"></a> + <h4 id="XP_Q24_A3-p0.1">Whether a man can be absolved from one excommunication without being absolved from all?</h4> + <p id="XP_Q24_A3-p1"></p> + <p id="XP_Q24_A3-p2"> + <b>Objection 1:</b> It would seem that a man cannot be absolved from one excommunication without being absolved from all. For an effect should + be proportionate to its cause. Now the cause of excommunication is a sin. Since then a man cannot be absolved from one sin + without being absolved from all, neither can this happen as regards excommunication. + </p> + <p id="XP_Q24_A3-p3"> + <b>Objection 2:</b> Further, absolution from excommunication is pronounced in the Church. But a man who is under the ban of one excommunication + is outside the Church. Therefore so long as one remains, a man cannot be loosed from another. + </p> + <p id="XP_Q24_A3-p4"> + <b>On the contrary,</b> Excommunication is a punishment. Now a man can be loosed from one punishment, while another remains. Therefore a man can + be loosed from one excommunication and yet remain under another. + </p> + <p id="XP_Q24_A3-p5"> + <b>I answer that,</b> Excommunications are not connected together in any way, and so it is possible for a man to be absolved from one, and yet + remain under another. + </p> + <p id="XP_Q24_A3-p6"> It must be observed however that sometimes a man lies under several excommunications pronounced by one judge; and then, when + he is absolved from one, he is understood to be absolved from all, unless the contrary be expressed, or unless he ask to be + absolved from excommunication on one count only, whereas he was excommunicated under several. On the other hand sometimes + a man lies under several sentences of excommunication pronounced by several judges; and then, when absolved from + one excommunication, he is not therefore absolved from the others, unless at his prayer they all confirm his absolution, or + unless they all depute one to absolve him. + </p> + <p id="XP_Q24_A3-p7"> + <b>Reply to Objection 1:</b> All sins are connected together in aversion from God, which is incompatible with the forgiveness of sin: wherefore one sin + cannot be forgiven without another. But excommunications have no such connection. Nor again is absolution from excommunication + hindered by contrariety of the will, as stated above + <a id="XP_Q24_A3-p7.1" shape="rect" href="summa.XP_Q24_A2.html">(A[2])</a>. Hence the argument does not prove. + </p> + <p id="XP_Q24_A3-p8"> + <b>Reply to Objection 2:</b> Just as such a man was for several reasons outside the Church so is it possible for his separation to be removed on one count + and to remain on another. + </p> + <p id="XP_Q24_A3-p9"></p> + <p id="XP_Q24_A3-p10"></p> + <p id="XP_Q24_A3-p11"></p> + <a href="summa.XP_Q24_A2.html"></a> + <a href="summa.XP_Q25.html"></a> + </div> + <a href="summa.XP_Q23_A3.html"></a> + <a href="summa.XP_Q24_A1.html"></a> + </div> + <div id="XP_Q25" class="div3"> + <a href="summa.XP_Q24_A3.html"></a> + <a href="summa.XP_Q25_A1.html"></a> + <h3 id="XP_Q25-p0.1">OF INDULGENCES (THREE ARTICLES)</h3> + <p id="XP_Q25-p1"></p> + <p id="XP_Q25-p2"> We must now consider indulgence: (1) in itself; (2) those who grant indulgence; (3) those who receive it.</p> + <p id="XP_Q25-p3"> Under the first head there are three points of inquiry:</p> + <p id="XP_Q25-p4"> (1) Whether an indulgence remits any part of the punishment due for the satisfaction of sins?</p> + <p id="XP_Q25-p5"> (2) Whether indulgences are as effective as they claim to be?</p> + <p id="XP_Q25-p6"> (3) Whether an indulgence should be granted for temporal assistance?</p> + <div id="XP_Q25_A1" class="div4"> + <a href="summa.XP_Q25.html"></a> + <a href="summa.XP_Q25_A2.html"></a> + <h4 id="XP_Q25_A1-p0.1">Whether an indulgence can remit any part of the punishment due for the satisfaction of sins?</h4> + <p id="XP_Q25_A1-p1"></p> + <p id="XP_Q25_A1-p2"> + <b>Objection 1:</b> It would seem that an indulgence cannot remit any part of the punishment due for the satisfaction of sins. Because a gloss + on + <a class="scripRef" id="XP_Q25_A1-p2.1" href="./asv.html#iiTim.2.13" target="asv">2 Tim. 2:13</a>, "He cannot deny Himself," says: "He would do this if He did not keep His word." Now He said ( + <a class="scripRef" id="XP_Q25_A1-p2.2" href="./asv.html#Deut.25.2" target="asv">Dt. 25:2</a>): "According to the measure of the sin shall the measure also of the stripes be." Therefore nothing can be remitted from + the satisfactory punishment which is appointed according to the measure of + sin. + </p> + <p id="XP_Q25_A1-p3"> + <b>Objection 2:</b> Further, an inferior cannot absolve from an obligation imposed by his superior. But when God absolves us from sin He binds + us to temporal punishment, as Hugh of St. Victor declares (Tract. vi Sum. Sent. [*Of doubtful authenticity]). Therefore no + man can absolve from that punishment, by remitting any part of it. + </p> + <p id="XP_Q25_A1-p4"> + <b>Objection 3:</b> Further, the granting of the sacramental effect without the sacraments belongs to the power of excellence. Now none but Christ + has the power of excellence in the sacraments. Since then satisfaction is a part of the sacrament of Penance, conducing to + the remission of the punishment due, it seems that no mere man can remit the debt of punishment without satisfaction. + </p> + <p id="XP_Q25_A1-p5"> + <b>Objection 4:</b> Further, the power of the ministers of the Church was given them, not "unto destruction," but "unto edification" ( + <a class="scripRef" id="XP_Q25_A1-p5.1" href="./asv.html#iiCor.10.8" target="asv">2 Cor. 10:8</a>). But it would be conducive to destruction, if satisfaction, which was intended for our good, inasmuch as it serves for a + remedy, were done away with. Therefore the power of the ministers of the Church does not extend to this. + </p> + <p id="XP_Q25_A1-p6"> + <b>On the contrary,</b> It is written ( + <a class="scripRef" id="XP_Q25_A1-p6.1" href="./asv.html#iiCor.2.10" target="asv">2 Cor. 2:10</a>): "For, what I have pardoned, if I have pardoned anything, for your sakes have I done it in the person of Christ," and a + gloss adds: i.e. "as though Christ Himself had pardoned." But Christ could remit the punishment of a sin without any satisfaction, + as evidenced in the case of the adulterous woman ( + <a class="scripRef" id="XP_Q25_A1-p6.2" href="./asv.html#John.8" target="asv">Jn. 8</a>). Therefore Paul could do so likewise. Therefore the Pope can too, since his power in the Church is not + less than Paul's. + </p> + <p id="XP_Q25_A1-p7"> Further, the universal Church cannot err; since He Who "was heard for His reverence" ( + <a class="scripRef" id="XP_Q25_A1-p7.1" href="./asv.html#Heb.5.7" target="asv">Heb. 5:7</a>) said to Peter, on whose profession of faith the Church was founded ( + <a class="scripRef" id="XP_Q25_A1-p7.2" href="./asv.html#Luke.22.32" target="asv">Lk. 22:32</a>): "I have prayed for thee that thy faith fail not." Now the universal Church approves and grants indulgences. Therefore indulgences + have some value. + </p> + <p id="XP_Q25_A1-p8"> + <b>I answer that,</b> All admit that indulgences have some value, for it would be blasphemy to say that the Church does anything in vain. But some + say that they do not avail to free a man from the debt of punishment which he has deserved in Purgatory according to God's + judgment, and that they merely serve to free him from the obligation imposed on him by the priest as a punishment for his + sins, or from the canonical penalties he has incurred. But this opinion does not seem to be + true. First, because it is expressly opposed to the privilege granted to Peter, to whom it was said ( + <a class="scripRef" id="XP_Q25_A1-p8.1" href="./asv.html#Matt.16.19" target="asv">Mat. 16:19</a>) that whatsoever he should loose on earth should be loosed also in heaven. Wherefore whatever remission is granted in the + court of the Church holds good in the court of God. Moreover the Church by granting such indulgences would do more harm than + good, since, by remitting the punishment she had enjoined on a man, she would deliver him to be punished more severely + in Purgatory. + </p> + <p id="XP_Q25_A1-p9"> Hence we must say on the contrary that indulgences hold good both in the Church's court and in the judgment of God, for the + remission of the punishment which remains after contrition, absolution, and confession, whether this punishment be enjoined + or not. The reason why they so avail is the oneness of the mystical body in which many have performed works of satisfaction + exceeding the requirements of their debts; in which, too, many have patiently borne unjust tribulations whereby + a multitude of punishments would have been paid, had they been incurred. So great is the quantity of such merits that it exceeds + the entire debt of punishment due to those who are living at this moment: and this is especially due to the merits of Christ: + for though He acts through the sacraments, yet His efficacy is nowise restricted to them, but infinitely surpasses their efficacy. + </p> + <p id="XP_Q25_A1-p10"> Now one man can satisfy for another, as we have explained above ( + <a id="XP_Q25_A1-p10.1" shape="rect" href="summa.XP_Q13_A2.html">Q[13], A[2]</a>). And the saints in whom this super-abundance of satisfactions is found, did not perform their good works for this or that + particular person, who needs the remission of his punishment (else he would have received this remission without any indulgence + at all), but they performed them for the whole Church in general, even as the Apostle declares that he fills up "those things + that + are wanting of the sufferings of Christ . . . for His body, which is the Church" to whom he wrote ( + <a class="scripRef" id="XP_Q25_A1-p10.2" href="./asv.html#Col.1.24" target="asv">Col. 1:24</a>). These merits, then, are the common property of the whole Church. Now those things which are the common property of a number + are distributed to the various individuals according to the judgment of him who rules them all. Hence, just as one man would + obtain the remission of his punishment if another were to satisfy for him, so would he too if another's satisfactions + be applied to him by one who has the power to do so. + </p> + <p id="XP_Q25_A1-p11"> + <b>Reply to Objection 1:</b> The remission which is granted by means of indulgences does not destroy the proportion between punishment and sin, since + someone has spontaneously taken upon himself the punishment due for another's guilt, as explained above. + </p> + <p id="XP_Q25_A1-p12"> + <b>Reply to Objection 2:</b> He who gains an indulgence is not, strictly speaking, absolved from the debt of punishment, but is given the means whereby + he may pay it. + </p> + <p id="XP_Q25_A1-p13"> + <b>Reply to Objection 3:</b> The effect of sacramental absolution is the removal of a man's guilt, an effect which is not produced by indulgences. But + he who grants indulgences pays the debt of punishment which a man owes, out of the common stock of the Church's goods, as + explained above. + </p> + <p id="XP_Q25_A1-p14"> + <b>Reply to Objection 4:</b> Grace affords a better remedy for the avoidance of sin than does habituation to (good) works. And since he who gains an indulgence + is disposed to grace through the love which he conceives for the cause for which the indulgence is granted, it follows that + indulgences provide a remedy against sin. Consequently it is not harmful to grant indulgences unless this be done without + discretion. Nevertheless those who gain indulgences should be advised, not, on + this account, to omit the penitential works imposed on them, so that they may derive a remedy from these also, even though + they may be quit of the debt of punishment; and all the more, seeing that they are often more in debt than they think. + </p> + <p id="XP_Q25_A1-p15"></p> + <p id="XP_Q25_A1-p16"></p> + <a href="summa.XP_Q25.html"></a> + <a href="summa.XP_Q25_A2.html"></a> + </div> + <div id="XP_Q25_A2" class="div4"> + <a href="summa.XP_Q25_A1.html"></a> + <a href="summa.XP_Q25_A3.html"></a> + <h4 id="XP_Q25_A2-p0.1">Whether indulgences are as effective as they claim to be?</h4> + <p id="XP_Q25_A2-p1"></p> + <p id="XP_Q25_A2-p2"> + <b>Objection 1:</b> It would seem that indulgences are not as effective as they claim to be. For indulgences have no effect save from the power + of the keys. Now by the power of the keys, he who has that power can only remit some fixed part of the punishment due for + sin, after taking into account the measure of the sin and of the penitent's sorrow. Since then indulgences depend on the mere + will of the grantor, it seems that they are not as effective as they claim to be. + </p> + <p id="XP_Q25_A2-p3"> + <b>Objection 2:</b> Further, the debt of punishment keeps man back from the attainment of glory, which he ought to desire above all things. Now, + if indulgences are as effective as they claim to be, a man by setting himself to gain indulgences might become immune from + all debt of temporal punishment. Therefore it would seem that a man ought to put aside all other kinds of works, and devote + himself to gain indulgences. + </p> + <p id="XP_Q25_A2-p4"> + <b>Objection 3:</b> Further, sometimes an indulgence whereby a man is remitted a third part of the punishment due for his sins is granted if + he contribute towards the erection of a certain building. If, therefore, indulgences produce the effect which is claimed for + them, he who gives a penny, and then another, and then again another, would obtain a plenary absolution from all punishment + due for his sins, which seems absurd. + </p> + <p id="XP_Q25_A2-p5"> + <b>Objection 4:</b> Further, sometimes an indulgence is granted, so that for visiting a church a man obtains a seven years' remission. If, then, + an indulgence avails as much as is claimed for it a man who lives near that church, or the clergy attached thereto who go + there every day, obtain as much indulgence as one who comes from a distance (which would appear unjust); moreover, seemingly, + they would gain the indulgence several times a day, since they go there repeatedly. + </p> + <p id="XP_Q25_A2-p6"> + <b>Objection 5:</b> Further, to remit a man's punishment beyond a just estimate seems to amount to the same as to remit it without reason; because + in so far as he exceeds that estimate, he limits the compensation. Now he who grants an indulgence cannot without cause remit + a man's punishment either wholly or partly, even though the Pope were to say to anyone: "I remit to all the punishment you + owe for your sins." Therefore it seems that he cannot remit anything beyond the just + estimate. Now indulgences are often published which exceed that just estimate. Therefore they do not avail as much as is claimed + for them. + </p> + <p id="XP_Q25_A2-p7"> + <b>On the contrary,</b> It is written ( + <a class="scripRef" id="XP_Q25_A2-p7.1" href="./asv.html#Job.13.7" target="asv">Job 13:7</a>): "Hath God any need of your lie, that you should speak deceitfully for Him?" Therefore the Church, in publishing indulgences, + does not lie; and so they avail as much as is claimed for them. + </p> + <p id="XP_Q25_A2-p8"> Further, the Apostle says ( + <a class="scripRef" id="XP_Q25_A2-p8.1" href="./asv.html#iCor.15.14" target="asv">1 Cor. 15:14</a>): "If . . . our preaching is vain, your faith is also vain." Therefore whoever utters a falsehood in preaching, so far as + he is concerned, makes faith void. and so sins mortally. If therefore indulgences are not as effective as they claim to be, + all who publish indulgences would commit a mortal sin: which is absurd. + </p> + <p id="XP_Q25_A2-p9"> + <b>I answer that,</b> on this point there are many opinions. For some maintain that indulgences have not the efficacy claimed for them, but that + they simply avail each individual in proportion to his faith and devotion. And consequently those who maintain this, say that + the Church publishes her indulgences in such a way as, by a kind of pious fraud, to induce men to do well, just as a mother + entices her child to walk by holding out an apple. But this seems a very dangerous + assertion to make. For as Augustine states (Ep. ad Hieron. lxxviii), "if any error were discovered in Holy Writ, the authority + of Holy Writ would perish." In like manner, if any error were to be found in the Church's preaching, her doctrine would have + no authority in settling questions of faith. + </p> + <p id="XP_Q25_A2-p10"> Hence others have maintained that indulgences avail as much as is claimed for them, according to a just estimate, not of + him who grants it---who perhaps puts too high a value on it---nor of the recipient---for he may prize too highly the gift + he receives, but a just estimate according to the estimate of good men who consider the condition of the person affected, + and the utility and needs of the Church, for the Church's needs are greater at one time than at another. Yet, neither, + seemingly, can this opinion stand. First, because in that case indulgences would no longer be a remission, but rather a mere + commutation. Moreover the preaching of the Church would not be excused from untruth, since, at times, indulgences are granted + far in excess of the requirements of this just estimate, taking into consideration all the aforesaid conditions, as, for example, + when the Pope granted to anyone who visited a certain church, an indulgence of seven years, which indulgence was + granted by Blessed Gregory for the Roman Stations. + </p> + <p id="XP_Q25_A2-p11"> Hence others say that the quantity of remission accorded in an indulgence is not to be measured by the devotion of the recipient, + as the first opinion suggested, nor according to the quantity of what is given, as the second opinion held; but according + to the cause for which the indulgence is granted, and according to which a person is held deserving of obtaining such an indulgence. + Thus according as a man approached near to that cause, so would he obtain remission in whole or in + part. But neither will this explain the custom of the Church, who assigns, now a greater, now a lesser indulgence, for the + same cause: thus, under the same circumstances, now a year's indulgence, now one of only forty days, according to the graciousness + of the Pope, who grants the indulgence, is granted to those who visit a church. Wherefore the amount of the remission granted + by the indulgence is not to be measured by the cause for which a person is worthy of an indulgence. + </p> + <p id="XP_Q25_A2-p12"> We must therefore say otherwise that the quantity of an effect is proportionate to the quantity of the cause. Now the cause + of the remission of punishment effected by indulgences is no other than the abundance of the Church's merits, and this abundance + suffices for the remission of all punishment. The effective cause of the remission is not the devotion, or toil, or gift of + the recipient; nor, again, is it the cause for which the indulgence was granted. We cannot, then, estimate + the quantity of the remission by any of the foregoing, but solely by the merits of the Church---and these are always superabundant. + Consequently, according as these merits are applied to a person so does he obtain remission. That they should be so applied + demands, firstly, authority to dispense this treasure. secondly, union between the recipient and Him Who merited it---and + this is brought about by charity; thirdly, there is required a reason for so dispensing this treasury, so that the + intention, namely, of those who wrought these meritorious works is safeguarded, since they did them for the honor of God and + for the good of the Church in general. Hence whenever the cause assigned tends to the good of the Church and the honor of + God, there is sufficient reason for granting an indulgence. + </p> + <p id="XP_Q25_A2-p13"> Hence, according to others, indulgences have precisely the efficacy claimed for them, provided that he who grants them have + the authority, that the recipient have charity, and that, as regards the cause, there be piety which includes the honor of + God and the profit of our neighbor. Nor in this view have we "too great a market of the Divine mercy" [*St. Bonaventure, Sent. + iv, D, 20], as some maintain, nor again does it derogate from Divine justice, for no punishment is remitted, + but the punishment of one is imputed to another. + </p> + <p id="XP_Q25_A2-p14"> + <b>Reply to Objection 1:</b> As stated above ( + <a id="XP_Q25_A2-p14.1" shape="rect" href="summa.XP_Q19_A3.html">Q[19], A[3]</a>) there are two keys, the key of orders and the key of jurisdiction. The key of orders is a sacramental: and as the effects + of the sacraments are fixed, not by men but by God, the priest cannot decide in the tribunal of confession how much shall + be remitted by means of the key of orders from the punishment due; it is God Who appoints the amount to be remitted. On the + other hand the key of + jurisdiction is not something sacramental, and its effect depends on a man's decision. The remission granted through indulgences + is the effect of this key, since it does not belong to the dispensation of the sacraments, but to the distribution of the + common property of the Church: hence it is that legates, even though they be not priests, can grant indulgences. Consequently + the decision of how much punishment is to be remitted by an indulgence depends on the will of the one who grants that + indulgence. If, however, he remits punishment without sufficient reason, so that men are enticed to substitute mere nothings, + as it were, for works of penance, he sins by granting such indulgences, although the indulgence is gained fully. + </p> + <p id="XP_Q25_A2-p15"> + <b>Reply to Objection 2:</b> Although indulgences avail much for the remission of punishment, yet works of satisfaction are more meritorious in respect + of the essential reward, which infinitely transcends the remission of temporal punishment. + </p> + <p id="XP_Q25_A2-p16"> + <b>Reply to Objection 3:</b> When an indulgence is granted in a general way to anyone that helps towards the building of a church, we must understand + this to mean a help proportionate to the giver: and in so far as he approaches to this, he will gain the indulgence more or + less fully. Consequently a poor man by giving one penny would gain the full indulgence, not so a rich man, whom it would not + become to give so little to so holy and profitable a work; Just as a king would not + be said to help a man if he gave him an "obol." + </p> + <p id="XP_Q25_A2-p17"> + <b>Reply to Objection 4:</b> A person who lives near the church, and the priest and clergy of the church, gain the indulgence as much as those who come + perhaps a distance of a thousand days' journey: because the remission, as stated above, is proportionate, not to the toil, + but to the merits which are applied. Yet he who toils most gains most merit. This, however, is to be understood of those cases + in which an indulgence is given in an undeterminate manner. For sometimes a + distinction is expressed: thus the Pope at the time of general absolution grants an indulgence of five years to those who + come from across the seas, and one of three years to those who come from across the mountains, to others an indulgence of + one year. Nor does a person gain the indulgence each time he visits the church during the term of indulgence, because sometimes + it is granted for a fixed time; thus when it is said, "Whoever visits such and such a church until such and such a day, shall + gain so much indulgence," we must understand that it can be gained only once. on the other hand if there be a continual indulgence + in a certain church, as the indulgence of forty days to be gained in the church of the Blessed Peter, then a person gains + the indulgence as often as he visits the church. + </p> + <p id="XP_Q25_A2-p18"> + <b>Reply to Objection 5:</b> An indulgence requires a cause, not as a measure of the remission of punishment, but in order that the intention of those + whose merits are applied, may reach to this particular individual. Now one person's good is applied to another in two ways: + first, by charity; and in this way, even without indulgences, a person shares in all the good deeds done, provided he have + charity: secondly, by the intention of the person who does the good action; and in + this way, provided there be a lawful cause, the intention of a person who has done something for the profit of the Church, + may reach to some individual through indulgences. + </p> + <p id="XP_Q25_A2-p19"></p> + <p id="XP_Q25_A2-p20"></p> + <a href="summa.XP_Q25_A1.html"></a> + <a href="summa.XP_Q25_A3.html"></a> + </div> + <div id="XP_Q25_A3" class="div4"> + <a href="summa.XP_Q25_A2.html"></a> + <a href="summa.XP_Q26.html"></a> + <h4 id="XP_Q25_A3-p0.1">Whether an indulgence ought to be granted for temporal help?</h4> + <p id="XP_Q25_A3-p1"></p> + <p id="XP_Q25_A3-p2"> + <b>Objection 1:</b> It would seem that an indulgence ought not to be granted for temporal help. Because the remission of sins is something spiritual. + Now to exchange a spiritual for a temporal thing is simony. Therefore this ought not to be done. + </p> + <p id="XP_Q25_A3-p3"> + <b>Objection 2:</b> Further, spiritual assistance is more necessary than temporal. But indulgences do not appear to be granted for spiritual + assistance. Much less therefore ought they to be granted for temporal help. + </p> + <p id="XP_Q25_A3-p4"> + <b>On the contrary,</b> stands the common custom of the Church in granting indulgences for pilgrimages and almsgiving. + </p> + <p id="XP_Q25_A3-p5"> + <b>I answer that,</b> Temporal things are subordinate to spiritual matters, since we must make use of temporal things on account of spiritual things. + Consequently an indulgence must not be granted for the sake of temporal matters as such, but in so far as they are subordinate + to spiritual things: such as the quelling of the Church's enemies, who disturb her peace; or such as the building of a church, + of a bridge, and other forms of almsgiving. It is therefore evident that there + is no simony in these transactions, since a spiritual thing is exchanged, not for a temporal but for a spiritual commodity. + </p> + <p id="XP_Q25_A3-p6"> Hence the Reply to the First Objection is clear.</p> + <p id="XP_Q25_A3-p7"> + <b>Reply to Objection 2:</b> Indulgences can be, and sometimes are, granted even for purely spiritual matters. Thus Pope Innocent IV granted an indulgence + of ten days to all who prayed for the king of France; and in like manner sometimes the same indulgence is granted to those + who preach a crusade as to those who take part in it. + </p> + <p id="XP_Q25_A3-p8"></p> + <p id="XP_Q25_A3-p9"></p> + <a href="summa.XP_Q25_A2.html"></a> + <a href="summa.XP_Q26.html"></a> + </div> + <a href="summa.XP_Q24_A3.html"></a> + <a href="summa.XP_Q25_A1.html"></a> + </div> + <div id="XP_Q26" class="div3"> + <a href="summa.XP_Q25_A3.html"></a> + <a href="summa.XP_Q26_A1.html"></a> + <h3 id="XP_Q26-p0.1">OF THOSE WHO CAN GRANT INDULGENCES (FOUR ARTICLES)</h3> + <p id="XP_Q26-p1"></p> + <p id="XP_Q26-p2"> We must now consider those who can grant indulgences: under which head there are four points of inquiry:</p> + <p id="XP_Q26-p3"> (1) Whether every parish priest can grant indulgences?</p> + <p id="XP_Q26-p4"> (2) Whether a deacon or another, who is not a priest, can grant indulgences?</p> + <p id="XP_Q26-p5"> (3) Whether a bishop can grant them?</p> + <p id="XP_Q26-p6"> (4) Whether they can be granted by one who is in mortal sin?</p> + <div id="XP_Q26_A1" class="div4"> + <a href="summa.XP_Q26.html"></a> + <a href="summa.XP_Q26_A2.html"></a> + <h4 id="XP_Q26_A1-p0.1">Whether every parish priest can grant indulgences?</h4> + <p id="XP_Q26_A1-p1"></p> + <p id="XP_Q26_A1-p2"> + <b>Objection 1:</b> It would seem that every parish priest can grant indulgences. For an indulgence derives its efficacy from the superabundance + of the Church's merits. Now there is no congregation without some superabundance of merits. Therefore every priest, who has + charge of a congregation, can grant indulgences, and, in like manner, so can every prelate. + </p> + <p id="XP_Q26_A1-p3"> + <b>Objection 2:</b> Further, every prelate stands for a multitude, just as an individual stands for himself. But any individual can assign his + own goods to another and thus offer satisfaction for a third person. Therefore a prelate can assign the property of the multitude + subject to him, and so it seems that he can grant indulgences. + </p> + <p id="XP_Q26_A1-p4"> + <b>On the contrary,</b> To excommunicate is less than to grant indulgences. But a parish priest cannot do the former. Therefore he cannot do the + latter. + </p> + <p id="XP_Q26_A1-p5"> + <b>I answer that,</b> Indulgences are effective, in as much as the works of satisfaction done by one person are applied to another, not only by + virtue of charity, but also by the intention of the person who did them being directed in some way to the person to whom they + are applied. Now a person's intention may be directed to another in three ways, specifically, generically and individually. + Individually, as when one person offers satisfaction for another particular person; and + thus anyone can apply his works to another. Specifically, as when a person prays for the congregation to which he belongs, + for the members of his household, or for his benefactors, and directs his works of satisfaction to the same intention: in + this way the superior of a congregation can apply those works to some other person, by applying the intention of those who + belong to his congregation to some fixed individual. Generically, as when a person directs his works for the good of the Church + in + general; and thus he who presides over the whole Church can communicate those works, by applying his intention to this or + that individual. And since a man is a member of a congregation, and a congregation is a part of the Church, hence the intention + of private good includes the intention of the good of the congregation, and of the good of the whole Church. Therefore he + who presides over the Church can communicate what belongs to an individual congregation or to an individual man: and he who + presides over a congregation can communicate what belongs to an individual man, but not conversely. Yet neither the first + nor the second communication is called an indulgence, but only the third; and this for two reasons. First, because, although + those communications loose man from the debt of punishment in the sight of God, yet he is not freed from the obligation of + fulfilling the satisfaction enjoined, to which he is bound by a commandment of the Church; whereas the third communication + frees + man even from this obligation. Secondly, because in one person or even in one congregation there is not such an unfailing + supply of merits as to be sufficient both for the one person or congregation and for all others; and consequently the individual + is not freed from the entire debt of punishment unless satisfaction is offered for him individually, to the very amount that + he owes. On the other hand, in the whole Church there is an unfailing supply of merits, chiefly on account of the merit of + Christ. Consequently he alone who is at the head of the Church can grant indulgences. Since, however, the Church is the congregation + of the faithful, and since a congregation of men is of two kinds, the domestic, composed of members of the same family, and + the civil, composed of members of the same nationality, the Church is like to a civil congregation, for the people themselves + are called the Church; while the various assemblies, or parishes of one diocese are likened to a congregation in the + various families and services. Hence a bishop alone is properly called a prelate of the Church, wherefore he alone, like a + bridegroom, receives the ring of the Church. Consequently full power in the dispensation of the sacraments, and jurisdiction + in the public tribunal, belong to him alone as the public person, but to others by delegation from him. Those priests who + have charge of the people are not prelates strictly speaking, but assistants, hence, in consecrating priests the bishop says: + "The more fragile we are, the more we need these assistants": and for this reason they do not dispense all the sacraments. + Hence parish priests, or abbots or other like prelates cannot grant indulgences. + </p> + <p id="XP_Q26_A1-p6"> This suffices for the Replies to the Objections.</p> + <p id="XP_Q26_A1-p7"></p> + <p id="XP_Q26_A1-p8"></p> + <a href="summa.XP_Q26.html"></a> + <a href="summa.XP_Q26_A2.html"></a> + </div> + <div id="XP_Q26_A2" class="div4"> + <a href="summa.XP_Q26_A1.html"></a> + <a href="summa.XP_Q26_A3.html"></a> + <h4 id="XP_Q26_A2-p0.1">Whether a deacon or another who is not a priest can grant an indulgence?</h4> + <p id="XP_Q26_A2-p1"></p> + <p id="XP_Q26_A2-p2"> + <b>Objection 1:</b> It would seem that a deacon, or one that is not a priest cannot grant an indulgence. Because remission of sins is an effect + of the keys. Now none but a priest has the keys. Therefore a priest alone can grant indulgences. + </p> + <p id="XP_Q26_A2-p3"> + <b>Objection 2:</b> Further, a fuller remission of punishment is granted by indulgences than by the tribunal of Penance. But a priest alone has + power in the latter, and, therefore, he alone has power in the former. + </p> + <p id="XP_Q26_A2-p4"> + <b>On the contrary,</b> The distribution of the Church's treasury is entrusted to the same person as the government of the Church. Now this is entrusted + sometimes to one who is not a priest. Therefore he can grant indulgences, since they derive their efficacy from the distribution + of the Church's treasury. + </p> + <p id="XP_Q26_A2-p5"> + <b>I answer that,</b> The power of granting indulgences follows jurisdiction, as stated above ( + <a id="XP_Q26_A2-p5.1" shape="rect" href="summa.XP_Q25_A2.html">Q[25], A[2]</a>). And since deacons and others, who are not priests, can have jurisdiction either delegated, as legates, or ordinary, as + bishops-elect, it follows that even those who are not priests can grant indulgences, although they cannot absolve in the tribunal + of Penance, since this follows the reception of orders. This suffices for the Replies to the + Objections, because the granting of indulgences belongs to the key of jurisdiction and not to the key of orders. + </p> + <p id="XP_Q26_A2-p6"></p> + <p id="XP_Q26_A2-p7"></p> + <a href="summa.XP_Q26_A1.html"></a> + <a href="summa.XP_Q26_A3.html"></a> + </div> + <div id="XP_Q26_A3" class="div4"> + <a href="summa.XP_Q26_A2.html"></a> + <a href="summa.XP_Q26_A4.html"></a> + <h4 id="XP_Q26_A3-p0.1">Whether a bishop can grant indulgences?</h4> + <p id="XP_Q26_A3-p1"></p> + <p id="XP_Q26_A3-p2"> + <b>Objection 1:</b> It would seem that even a bishop cannot grant indulgences. Because the treasury of the Church is the common property of the + whole Church. Now the common property of the whole Church cannot be distributed save by him who presides over the whole Church. + Therefore the Pope alone can grant indulgences. + </p> + <p id="XP_Q26_A3-p3"> + <b>Objection 2:</b> Further, none can remit punishments fixed by law, save the one who has the power to make the law. Now punishments in satisfaction + for sins are fixed by law. Therefore the Pope alone can remit these punishments, since he is the maker of the law. + </p> + <p id="XP_Q26_A3-p4"> + <b>On the contrary,</b> stands the custom of the Church in accordance with which bishops grant indulgences. + </p> + <p id="XP_Q26_A3-p5"> + <b>I answer that,</b> The Pope has the plenitude of pontifical power, being like a king in his kingdom: whereas the bishops are appointed to a + share in his solicitude, like judges over each city. Hence them alone the Pope, in his letters, addresses as "brethren," whereas + he calls all others his "sons." Therefore the plenitude of the power of granting indulgences resides in the Pope, because + he can grant them, as he lists, provided the cause be a lawful one: while, in bishops, + this power resides subject to the Pope's ordination, so that they can grant them within fixed limits and not beyond. + </p> + <p id="XP_Q26_A3-p6"> This suffices for the Replies to the Objections.</p> + <p id="XP_Q26_A3-p7"></p> + <p id="XP_Q26_A3-p8"></p> + <a href="summa.XP_Q26_A2.html"></a> + <a href="summa.XP_Q26_A4.html"></a> + </div> + <div id="XP_Q26_A4" class="div4"> + <a href="summa.XP_Q26_A3.html"></a> + <a href="summa.XP_Q27.html"></a> + <h4 id="XP_Q26_A4-p0.1">Whether indulgences can be granted by one who is in mortal sin?</h4> + <p id="XP_Q26_A4-p1"></p> + <p id="XP_Q26_A4-p2"> + <b>Objection 1:</b> It would seem that indulgences cannot be granted by one who is in mortal sin. For a stream can no longer flow if cut off + from its source. Now the source of grace which is the Holy Ghost is cut off from one who is in mortal sin. Therefore such + a one can convey nothing to others by granting indulgences. + </p> + <p id="XP_Q26_A4-p3"> + <b>Objection 2:</b> Further, it is a greater thing to grant an indulgence than to receive one. But one who is in mortal sin cannot receive an + indulgence, as we shall show presently ( + <a id="XP_Q26_A4-p3.1" shape="rect" href="summa.XP_Q27_A1.html">Q[27], A[1]</a>). Neither, therefore, can he grant one. + </p> + <p id="XP_Q26_A4-p4"> + <b>On the contrary,</b> Indulgences are granted in virtue of the power conferred on the prelates of the Church. Now mortal sin takes away, not power + but goodness. Therefore one who is in mortal sin can grant indulgences. + </p> + <p id="XP_Q26_A4-p5"> + <b>I answer that,</b> The granting of indulgences belongs to jurisdiction. But a man does not, through sin, lose jurisdiction. Consequently indulgences + are equally valid, whether they be granted by one who is in mortal sin, or by a most holy person; since he remits punishment, + not by virtue of his own merits, but by virtue of the merits laid up in the Church's treasury. + </p> + <p id="XP_Q26_A4-p6"> + <b>Reply to Objection 1:</b> The prelate who, while in a state of mortal sin, grants an indulgence, does not pour forth anything of his own, and so it + is not necessary that he should receive an inflow from the source, in order that he may grant a valid indulgence. + </p> + <p id="XP_Q26_A4-p7"> + <b>Reply to Objection 2:</b> Further, to grant an indulgence is more than to receive one, if we consider the power, but it is less, if we consider the + personal profit. + </p> + <p id="XP_Q26_A4-p8"></p> + <p id="XP_Q26_A4-p9"></p> + <a href="summa.XP_Q26_A3.html"></a> + <a href="summa.XP_Q27.html"></a> + </div> + <a href="summa.XP_Q25_A3.html"></a> + <a href="summa.XP_Q26_A1.html"></a> + </div> + <div id="XP_Q27" class="div3"> + <a href="summa.XP_Q26_A4.html"></a> + <a href="summa.XP_Q27_A1.html"></a> + <h3 id="XP_Q27-p0.1">OF THOSE WHOM INDULGENCES AVAIL (FOUR ARTICLES)</h3> + <p id="XP_Q27-p1"></p> + <p id="XP_Q27-p2"> We must now consider those whom indulgences avail: under which head there are four points of inquiry:</p> + <p id="XP_Q27-p3"> (1) Whether indulgences avail those who are in mortal sin?</p> + <p id="XP_Q27-p4"> (2) Whether they avail religious?</p> + <p id="XP_Q27-p5"> (3) Whether they avail a person who does not fulfill the conditions for which the indulgence is given?</p> + <p id="XP_Q27-p6"> (4) Whether they avail him who grants them?</p> + <div id="XP_Q27_A1" class="div4"> + <a href="summa.XP_Q27.html"></a> + <a href="summa.XP_Q27_A2.html"></a> + <h4 id="XP_Q27_A1-p0.1">Whether an indulgence avails those who are in mortal sin?</h4> + <p id="XP_Q27_A1-p1"></p> + <p id="XP_Q27_A1-p2"> + <b>Objection 1:</b> It would seem that an indulgence avails those who are in mortal sin. For one person can merit grace and many other good things + for another, even though he be in mortal sin. Now indulgences derive their efficacy from the application of the saints' merits + to an individual. Therefore they are effective in one who is in mortal sin. + </p> + <p id="XP_Q27_A1-p3"> + <b>Objection 2:</b> Further, the greater the need, the more room there is for pity. Now a man who is in mortal sin is in very great need. Therefore + all the more should pity be extended to him by indulgence. + </p> + <p id="XP_Q27_A1-p4"> + <b>On the contrary,</b> A dead member receives no inflow from the other members that are living. But one who is in mortal sin, is like a dead member. + Therefore he receives no inflow, through indulgences, from the merits of living members. + </p> + <p id="XP_Q27_A1-p5"> + <b>I answer that,</b> Some hold that indulgences avail those even who are in mortal sin, for the acquiring of grace, but not for the remission + of their punishment, since none can be freed from punishment who is not yet freed from guilt. For he who has not yet been + reached by God's operation unto the remission of guilt, cannot receive the remission of his punishment from the minister of + the Church neither by indulgences nor in the tribunal of Penance. + </p> + <p id="XP_Q27_A1-p6"> But this opinion seems to be untrue. Because, although those merits which are applied by means of an indulgence, might possibly + avail a person so that he could merit grace (by way of congruity and impetration), yet it is not for this reason that they + are applied, but for the remission of punishment. Hence they do not avail those who are in mortal sin, and consequently, true + contrition and confession are demanded as conditions for gaining all indulgences. If however the merits + were applied by such a form as this: "I grant you a share in the merits of the whole Church---or of one congregation, or of + one specified person," then they might avail a person in mortal sin so that he could merit something, as the foregoing opinion + holds. + </p> + <p id="XP_Q27_A1-p7"> This suffices for the Reply to the First Objection.</p> + <p id="XP_Q27_A1-p8"> + <b>Reply to Objection 2:</b> Although he who is in mortal sin is in greater need of help, yet he is less capable of receiving it. + </p> + <p id="XP_Q27_A1-p9"></p> + <p id="XP_Q27_A1-p10"></p> + <a href="summa.XP_Q27.html"></a> + <a href="summa.XP_Q27_A2.html"></a> + </div> + <div id="XP_Q27_A2" class="div4"> + <a href="summa.XP_Q27_A1.html"></a> + <a href="summa.XP_Q27_A3.html"></a> + <h4 id="XP_Q27_A2-p0.1">Whether indulgences avail religious?</h4> + <p id="XP_Q27_A2-p1"></p> + <p id="XP_Q27_A2-p2"> + <b>Objection 1:</b> It would seem that indulgences do not avail religious. For there is no reason to bring supplies to those who supply others + out of their own abundance. Now indulgences are derived from the abundance of works of satisfaction to be found in religious. + Therefore it is unreasonable for them to profit by indulgences. + </p> + <p id="XP_Q27_A2-p3"> + <b>Objection 2:</b> Further, nothing detrimental to religious life should be done in the Church. But, if indulgences were to avail religious, + this would be detrimental to regular discipline, because religious would become lax on account of indulgences, and would neglect + the penances imposed in chapter. Therefore indulgences do not avail religious. + </p> + <p id="XP_Q27_A2-p4"> + <b>On the contrary,</b> Good brings harm to no man. But the religious life is a good thing. Therefore it does not take away from religious the profit + to be derived from indulgences. + </p> + <p id="XP_Q27_A2-p5"> + <b>I answer that,</b> Indulgences avail both seculars and religious, provided they have charity and satisfy the conditions for gaining the indulgences: + for religious can be helped by indulgences no less than persons living in the world. + </p> + <p id="XP_Q27_A2-p6"> + <b>Reply to Objection 1:</b> Although religious are in the state of perfection, yet they cannot live without sin: and so if at times they are liable to + punishment on account of some sin, they can expiate this debt by means of indulgences. For it is not unreasonable that one + who is well off absolutely speaking, should be in want at times and in some respect, and thus need to be supplied with what + he lacks. Hence it is written ( + <a class="scripRef" id="XP_Q27_A2-p6.1" href="./asv.html#Gal.6.2" target="asv">Gal. 6:2</a>): "Bear ye one another's burdens." + </p> + <p id="XP_Q27_A2-p7"> + <b>Reply to Objection 2:</b> There is no reason why indulgences should be detrimental to religious observance, because, as to the reward of eternal life, + religious merit more by observing their rule than by gaining indulgences; although, as to the remission of punishment, which + is a lesser good, they merit less. Nor again do indulgences remit the punishment enjoined in chapter, because the chapter + is a judicial rather than a penitential tribunal. hence even those who are not + priests hold chapter. Absolution from punishment enjoined or due for sin is given in the tribunal of Penance. + </p> + <p id="XP_Q27_A2-p8"></p> + <p id="XP_Q27_A2-p9"></p> + <a href="summa.XP_Q27_A1.html"></a> + <a href="summa.XP_Q27_A3.html"></a> + </div> + <div id="XP_Q27_A3" class="div4"> + <a href="summa.XP_Q27_A2.html"></a> + <a href="summa.XP_Q27_A4.html"></a> + <h4 id="XP_Q27_A3-p0.1">Whether an indulgence can ever be granted to one who does not fulfill the conditions required?</h4> + <p id="XP_Q27_A3-p1"></p> + <p id="XP_Q27_A3-p2"> + <b>Objection 1:</b> It would seem that an indulgence can sometimes be granted to one who does not fulfill the required conditions. Because when + a person is unable to perform a certain action his will is taken for the deed. Now sometimes an indulgence is to be gained + by giving an alms, which a poor man is unable to do, though he would do so willingly. Therefore he can gain the indulgence. + </p> + <p id="XP_Q27_A3-p3"> + <b>Objection 2:</b> Further, one man can make satisfaction for another. Now an indulgence is directed to the remission of punishment, just as + satisfaction is. Therefore one man can gain an indulgence for another; and so a man can gain an indulgence without doing that + for which the indulgence is given. + </p> + <p id="XP_Q27_A3-p4"> + <b>On the contrary,</b> If the cause is removed, the effect is removed. If therefore a person fails to do that for which an indulgence is granted, + and which is the cause of the indulgence, he does not gain the indulgence. + </p> + <p id="XP_Q27_A3-p5"> + <b>I answer that,</b> Failing the condition of a grant, no grant ensues. Hence, as an indulgence is granted on the condition that a person does + or gives a certain thing, if he fails in this, he does not gain the indulgence. + </p> + <p id="XP_Q27_A3-p6"> + <b>Reply to Objection 1:</b> This is true of the essential reward, but not of certain accidental rewards, such as the remission of punishment and the + like. + </p> + <p id="XP_Q27_A3-p7"> + <b>Reply to Objection 2:</b> A person can by his intention apply his own action to whomever he lists, and so he can make satisfaction for whomever he + chooses. On the other hand, an indulgence cannot be applied to someone, except in accordance with the intention of the grantor. + Hence, since he applies it to the doer or giver of a particular action or thing, the doer cannot transfer this intention to + another. If, however, the indulgence were expressed thus: "Whosoever does this, or + for whomsoever this is done, shall gain so much indulgence," it would avail the person for whom it is done. Nor would the + person who does this action, give the indulgence to another, but he who grants the indulgence in this form. + </p> + <p id="XP_Q27_A3-p8"></p> + <p id="XP_Q27_A3-p9"></p> + <a href="summa.XP_Q27_A2.html"></a> + <a href="summa.XP_Q27_A4.html"></a> + </div> + <div id="XP_Q27_A4" class="div4"> + <a href="summa.XP_Q27_A3.html"></a> + <a href="summa.XP_Q28.html"></a> + <h4 id="XP_Q27_A4-p0.1">Whether an indulgence avails the person who grants it?</h4> + <p id="XP_Q27_A4-p1"></p> + <p id="XP_Q27_A4-p2"> + <b>Objection 1:</b> It would seem that an indulgence does not avail him who grants it. For the granting of an indulgence belongs to jurisdiction. + Now no one can exercise jurisdiction on himself. thus no one can excommunicate himself. Therefore no one can participate in + an indulgence granted by himself. + </p> + <p id="XP_Q27_A4-p3"> + <b>Objection 2:</b> Further, if this were possible, he who grants an indulgence might gain the remission of the punishment of all his sins for + some small deed, so that he would sin with impunity, which seems senseless. + </p> + <p id="XP_Q27_A4-p4"> + <b>Objection 3:</b> Further, to grant indulgences and to excommunicate belong to the same power. Now a man cannot excommunicate himself. Therefore + he cannot share in the indulgence of which he is the grantor. + </p> + <p id="XP_Q27_A4-p5"> + <b>On the contrary,</b> He would be worse off than others if he could not make use of the Church's treasury which he dispenses to others. + </p> + <p id="XP_Q27_A4-p6"> + <b>I answer that,</b> An indulgence should be given for some reason, in order for anyone to be enticed by the indulgence to perform some action + that conduces to the good of the Church and to the honor of God. Now the prelate to whom is committed the care of the Church's + good and of the furthering of God's honor, does not need to entice himself thereto. Therefore he cannot grant an indulgence + to himself alone; but he can avail himself of an indulgence that he grants for others, + since it is based on a cause for granting it to them. + </p> + <p id="XP_Q27_A4-p7"> + <b>Reply to Objection 1:</b> A man cannot exercise an act of jurisdiction on himself, but a prelate can avail himself of those things which are granted + to others by the authority of his jurisdiction, both in temporal and in spiritual matters: thus also a priest gives himself + the Eucharist which he gives to others. And so a bishop too can apply to himself the suffrages of the Church which he dispenses + to others, the immediate effect of which suffrages, and not of his jurisdiction, + is the remission of punishment by means of indulgences. + </p> + <p id="XP_Q27_A4-p8"> The Reply to the Second Objection is clear from what had been said.</p> + <p id="XP_Q27_A4-p9"> + <b>Reply to Objection 3:</b> Excommunication is pronounced by way of sentence, which no man can pronounce on himself, for the reason that in the tribunal + of justice the same man cannot be both judge and accused. On the other hand an indulgence is not given under the form of a + sentence, but by way of dispensation, which a man can apply to himself. + </p> + <p id="XP_Q27_A4-p10"></p> + <p id="XP_Q27_A4-p11"></p> + <a href="summa.XP_Q27_A3.html"></a> + <a href="summa.XP_Q28.html"></a> + </div> + <a href="summa.XP_Q26_A4.html"></a> + <a href="summa.XP_Q27_A1.html"></a> + </div> + <div id="XP_Q28" class="div3"> + <a href="summa.XP_Q27_A4.html"></a> + <a href="summa.XP_Q28_A1.html"></a> + <h3 id="XP_Q28-p0.1">OF THE SOLEMN RITE OF PENANCE (THREE ARTICLES)</h3> + <p id="XP_Q28-p1"></p> + <p id="XP_Q28-p2"> We must now consider the solemn rite of Penance: under which head there are three points of inquiry:</p> + <p id="XP_Q28-p3"> (1) Whether a penance can be published or solemnized?</p> + <p id="XP_Q28-p4"> (2) Whether a solemn penance can be repeated?</p> + <p id="XP_Q28-p5"> (3) Whether public penance should be imposed on women?</p> + <div id="XP_Q28_A1" class="div4"> + <a href="summa.XP_Q28.html"></a> + <a href="summa.XP_Q28_A2.html"></a> + <h4 id="XP_Q28_A1-p0.1">Whether a penance should be published or solemnized?</h4> + <p id="XP_Q28_A1-p1"></p> + <p id="XP_Q28_A1-p2"> + <b>Objection 1:</b> It would seem that a penance should not be published or solemnized. Because it is not lawful for a priest, even through fear, + to divulge anyone's sin, however notorious it may be. Now a sin is published by a solemn penance. Therefore a penance should + not be solemnized. + </p> + <p id="XP_Q28_A1-p3"> + <b>Objection 2:</b> Further, the judgment should follow the nature of the tribunal. Now penance is a judgment pronounced in a secret tribunal. + Therefore it should not be published or solemnized. + </p> + <p id="XP_Q28_A1-p4"> + <b>Objection 3:</b> Further, "Every deficiency is made good by penance" as Ambrose [*Cf. Hypognost. iii, among the spurious works ascribed to + St. Augustine] states. Now solemnization has a contrary effect, since it involves the penitent in many deficiencies: for a + layman cannot be promoted to the ranks of the clergy nor can a cleric be promoted to higher orders, after doing solemn penance. + Therefore Penance should not be solemnized. + </p> + <p id="XP_Q28_A1-p5"> + <b>On the contrary,</b> Penance is a sacrament. Now some kind of solemnity is observed in every sacrament. Therefore there should be some solemnity + in Penance. + </p> + <p id="XP_Q28_A1-p6"> Further, the medicine should suit the disease. Now a sin is sometimes public, and by its example draws many to sin. Therefore + the penance which is its medicine should also be public and solemn so as to give edification to many. + </p> + <p id="XP_Q28_A1-p7"> + <b>I answer that,</b> Some penances should be public and solemn for four reasons. First, so that a public sin may have a public remedy; secondly, + because he who has committed a very grave crime deserves the greatest confusion even in this life; thirdly, in order that + it may deter others; fourthly, that he may be an example of repentance, lest those should despair, who have committed grievous + sins. + </p> + <p id="XP_Q28_A1-p8"> + <b>Reply to Objection 1:</b> The priest does not divulge the confession by imposing such a penance, though people may suspect the penitent of having committed + some great sin. For a man is not certainly taken to be guilty, because he is punished, since sometimes one does penance for + another: thus we read in the Lives of the Fathers of a certain man who, in order to incite his companion to do penance, did + penance together with him. And if the sin be public, the penitent, by + fulfilling his penance, shows that he has been to confession. + </p> + <p id="XP_Q28_A1-p9"> + <b>Reply to Objection 2:</b> A solemn penance, as to its imposition, does not go beyond the limits of a secret tribunal, since, just as the confession + is made secretly, so the penance is imposed secretly. It is the execution of the penance, that goes beyond the limits of the + secret tribunal: and there is nothing objectionable in this. + </p> + <p id="XP_Q28_A1-p10"> + <b>Reply to Objection 3:</b> Although Penance cancels all deficiencies, by restoring man to his former state of grace, yet it does not always restore + him to his former dignity. Hence women after doing penance for fornication are not given the veil, because they do not recover + the honor of virginity. In like manner, after doing public penance, a sinner does not recover his former dignity so as to + be eligible for the clerical state and a bishop who would ordain such a one ought to + be deprived of the power of ordaining, unless perhaps the needs of the Church or custom require it. In that case such a one + would be admitted to minor orders by way of exception, but not to the sacred orders. First, on account of the dignity of the + latter; secondly, for fear of relapse; thirdly, in order to avoid the scandal which the people might take through recollection + of his former sins; fourthly, because he would not have the face to correct others, by reason of the publicity of his own + sin. + </p> + <p id="XP_Q28_A1-p11"></p> + <p id="XP_Q28_A1-p12"></p> + <a href="summa.XP_Q28.html"></a> + <a href="summa.XP_Q28_A2.html"></a> + </div> + <div id="XP_Q28_A2" class="div4"> + <a href="summa.XP_Q28_A1.html"></a> + <a href="summa.XP_Q28_A3.html"></a> + <h4 id="XP_Q28_A2-p0.1">Whether a solemn penance can be repeated?</h4> + <p id="XP_Q28_A2-p1"></p> + <p id="XP_Q28_A2-p2"> + <b>Objection 1:</b> It would seem that a solemn penance can be repeated. For those sacraments which do not imprint a character, can be solemnized + a second time, such as the Eucharist, Extreme Unction and the like. But Penance does not imprint a character, therefore it + can be solemnized over again. + </p> + <p id="XP_Q28_A2-p3"> + <b>Objection 2:</b> Further, penance is solemnized on account of the gravity and publicity of the sin. Now, after doing penance, a person may + commit the same sins over again, or even more grievous sins. Therefore the solemn penance should be imposed again. + </p> + <p id="XP_Q28_A2-p4"> + <b>On the contrary,</b> Solemn penance signifies the expulsion of the first man from paradise. Now this was done but once. Therefore solemn penance + should be imposed once only. + </p> + <p id="XP_Q28_A2-p5"> + <b>I answer that,</b> Solemn penance ought not to be repeated, for three reasons. First, lest frequency bring it into contempt. Secondly, on account + of its signification; for it signifies the expulsion of the first man from paradise, which happened only once; thirdly, because + the solemnization indicates, in a way, that one makes profession of continual repentance. Wherefore repetition is inconsistent + with solemnization. And if the sinner fall again, he is not precluded from doing + penance, but a solemn penance should not be imposed on him again. + </p> + <p id="XP_Q28_A2-p6"> + <b>Reply to Objection 1:</b> In those sacraments which are solemnized again and again, repetition is not inconsistent with solemnity, as it is in the + present case. Hence the comparison fails. + </p> + <p id="XP_Q28_A2-p7"> + <b>Reply to Objection 2:</b> Although, if we consider his crime, he ought to do the same penance again, yet the repeated solemnization is not becoming, + for the reasons stated above. + </p> + <p id="XP_Q28_A2-p8"></p> + <p id="XP_Q28_A2-p9"></p> + <a href="summa.XP_Q28_A1.html"></a> + <a href="summa.XP_Q28_A3.html"></a> + </div> + <div id="XP_Q28_A3" class="div4"> + <a href="summa.XP_Q28_A2.html"></a> + <a href="summa.XP_Q29.html"></a> + <h4 id="XP_Q28_A3-p0.1">Whether solemn penance should be imposed on women and clerics, and whether any priest can impose it?</h4> + <p id="XP_Q28_A3-p1"></p> + <p id="XP_Q28_A3-p2"> + <b>Objection 1:</b> It would seem that solemn penance should not be imposed on women. Because, when this penance is imposed on a man, he has + to cut his hair off. But this becomes not a woman, according to + <a class="scripRef" id="XP_Q28_A3-p2.1" href="./asv.html#iCor.11.15" target="asv">1 Cor. 11:15.</a> Therefore she should not do solemn penance. + </p> + <p id="XP_Q28_A3-p3"> + <b>Objection 2:</b> It also seems that it ought to be imposed on clerics. For it is enjoined on account of a grievous crime. Now the same sin + is more grievous in a cleric than in a layman. Therefore it ought to be imposed on a cleric more than on a layman. + </p> + <p id="XP_Q28_A3-p4"> + <b>Objection 3:</b> It also seems that it can be imposed by any priest. Because to absolve in the tribunal of Penance belongs to one who has + the keys. Now an ordinary priest has the keys. Therefore he can administer this penance. + </p> + <p id="XP_Q28_A3-p5"> + <b>I answer that,</b> Every solemn penance is public, but not vice versa. For solemn penance is done as follows: "On the first day of Lent, these + penitents clothed in sackcloth, with bare feet, their faces to the ground, and their hair shorn away, accompanied by their + priests, present themselves to the bishop of the city at the door of the church. Having brought them into the church the bishop + with all his clergy recites the seven penitential psalms, and then imposes his hand on + them, sprinkles them with holy water, puts ashes on their heads, covers their shoulders with a hairshirt, and sorrowfully + announces to them that as Adam was expelled from paradise, so are they expelled from the church. He then orders the ministers + to put them out of the church, and the clergy follow reciting the responsory: 'In the sweat of thy brow,' etc. Every year + on the day of our Lord's Supper they are brought back into the church by their priests, and there shall they be until the + octave + day of Easter, without however being admitted to Communion or to the kiss of peace. This shall be done every year as long + as entrance into the church is forbidden them. The final reconciliation is reserved to the bishop, who alone can impose solemn + penance" [*Cap. lxiv, dist. 50]. + </p> + <p id="XP_Q28_A3-p6"> This penance can be imposed on men and women; but not on clerics, for fear of scandal. Nor ought such a penance to be imposed + except for a crime which has disturbed the whole of the city. + </p> + <p id="XP_Q28_A3-p7"> On the other hand public but not solemn penance is that which is done in the presence of the Church, but without the foregoing + solemnity, such as a pilgrimage throughout the world with a staff. A penance of this kind can be repeated, and can be imposed + by a mere priest, even on a cleric. Sometimes however a solemn penance is taken to signify a public one: so that authorities + speak of solemn penance in different senses. + </p> + <p id="XP_Q28_A3-p8"> + <b>Reply to Objection 1:</b> The woman's hair is a sign of her subjection, a man's is not. Hence it is not proper for a woman to put aside her hair when + doing penance, as it is for a man. + </p> + <p id="XP_Q28_A3-p9"> + <b>Reply to Objection 2:</b> Although in the same kind of sin, a cleric offends more grievously than a layman, yet a solemn penance is not imposed on + him, lest his orders should be an object of contempt. Thus deference is given not to the person but to his orders. + </p> + <p id="XP_Q28_A3-p10"> + <b>Reply to Objection 3:</b> Grave sins need great care in their cure. Hence the imposition of a solemn penance, which is only applied for the most grievous + sins, is reserved to the bishop. + </p> + <p id="XP_Q28_A3-p11"></p> + <p id="XP_Q28_A3-p12"></p> + <a href="summa.XP_Q28_A2.html"></a> + <a href="summa.XP_Q29.html"></a> + </div> + <a href="summa.XP_Q27_A4.html"></a> + <a href="summa.XP_Q28_A1.html"></a> + </div> + <div id="XP_Q29" class="div3"> + <a href="summa.XP_Q28_A3.html"></a> + <a href="summa.XP_Q29_A1.html"></a> + <h3 id="XP_Q29-p0.1">EXTREME UNCTION (QQ[29]-33)</h3> + <p id="XP_Q29-p1"></p> + <p id="XP_Q29-p2">OF EXTREME UNCTION, AS REGARDS ITS ESSENCE AND INSTITUTION (NINE ARTICLES)</p> + <p id="XP_Q29-p3"> We must now consider the sacrament of Extreme Unction: in respect of which five points have to be considered: (1) Its essentials + and institution; (2) Its effect; (3) Its minister; (4) on whom should it be conferred and in what parts; (5) Its repetition. + </p> + <p id="XP_Q29-p4"> Under the first head there are nine points of inquiry:</p> + <p id="XP_Q29-p5"> (1) Whether Extreme Unction is a sacrament?</p> + <p id="XP_Q29-p6"> (2) Whether it is one sacrament?</p> + <p id="XP_Q29-p7"> (3) Whether this sacrament was instituted by Christ?</p> + <p id="XP_Q29-p8"> (4) Whether olive oil is a suitable matter for this sacrament?</p> + <p id="XP_Q29-p9"> (5) Whether the oil ought to be consecrated?</p> + <p id="XP_Q29-p10"> (6) Whether the matter of this sacrament should be consecrated by a bishop?</p> + <p id="XP_Q29-p11"> (7) Whether this sacrament has any form?</p> + <p id="XP_Q29-p12"> (8) Whether the form of this sacrament should take the shape of a deprecatory phrase?</p> + <p id="XP_Q29-p13"> (9) Whether this is a suitable form for this sacrament?</p> + <div id="XP_Q29_A1" class="div4"> + <a href="summa.XP_Q29.html"></a> + <a href="summa.XP_Q29_A2.html"></a> + <h4 id="XP_Q29_A1-p0.1">Whether Extreme Unction is a sacrament?</h4> + <p id="XP_Q29_A1-p1"></p> + <p id="XP_Q29_A1-p2"> + <b>Objection 1:</b> It would seem that Extreme Unction is not a sacrament. For just as oil is used on sick people, so is it on catechumens. But + anointing of catechumens with oil is not a sacrament. Therefore neither is the Extreme Unction of the sick with oil. + </p> + <p id="XP_Q29_A1-p3"> + <b>Objection 2:</b> Further, the sacraments of the Old Law were figures of the sacraments of the New Law. But there was no figure of Extreme + Unction in the Old Law. Therefore it is not a sacrament of the New Law. + </p> + <p id="XP_Q29_A1-p4"> + <b>Objection 3:</b> Further, according to Dionysius (Eccl. Hier. iii, v) every sacrament aims at either cleansing, or enlightening, or perfecting. + Now Extreme Unction does not aim at either cleansing, or enlightening, for this is ascribed to Baptism alone, or perfecting, + for according to Dionysius (Eccl. Hier. ii), this belongs to Confirmation and the Eucharist. Therefore Extreme Unction is + not a sacrament. + </p> + <p id="XP_Q29_A1-p5"> + <b>On the contrary,</b> The sacraments of the Church supply man's defects sufficiently with respect to every state of life. Now no other than Extreme + Unction does this for those who are departing from this life. Therefore it is a sacrament. + </p> + <p id="XP_Q29_A1-p6"> Further, the sacraments are neither more nor less than spiritual remedies. Now Extreme Unction is a spiritual remedy, since + it avails for the remission of sins, according to + <a class="scripRef" id="XP_Q29_A1-p6.1" href="./asv.html#Jas.5.15" target="asv"> James 5:15.</a> Therefore it is a sacrament. + </p> + <p id="XP_Q29_A1-p7"> + <b>I answer that,</b> Among the visible operations of the Church, some are sacraments, as Baptism, some are sacramentals, as Exorcism. The difference + between these is that a sacrament is an action of the Church that reaches to the principal effect intended in the administration + of the sacraments, whereas a sacramental is an action which, though it does not reach to that effect, is nevertheless directed + towards that principal action. Now the effect intended in the administration + of the sacraments is the healing of the disease of sin: wherefore it is written ( + <a class="scripRef" id="XP_Q29_A1-p7.1" href="./asv.html#Isa.27.9" target="asv">Is. 27:9</a>): "This is all the fruit, that the sin . . . should be taken away." Since then Extreme Unction reaches to this effect, as + is clear from the words of James, and is not ordained to any other sacrament as an accessory thereto, it is evident that Extreme + Unction is not a sacramental but a sacrament. + </p> + <p id="XP_Q29_A1-p8"> + <b>Reply to Objection 1:</b> The oil with which catechumens are anointed does not convey the remission of sins to them by its unction, for that belongs + to Baptism. It does, however, dispose them to receive Baptism, as stated above ( + <a id="XP_Q29_A1-p8.1" shape="rect" href="summa.TP_Q71_A3.html">TP, Q[71], A[3]</a>). Hence that unction is not a sacrament as Extreme Unction is. + </p> + <p id="XP_Q29_A1-p9"> + <b>Reply to Objection 2:</b> This sacrament prepares man for glory immediately, since it is given to those who are departing from this life. And as, under + the Old Law, it was not yet time to enter into glory, because "the Law brought nobody [Vulg.: 'nothing'] to perfection" ( + <a class="scripRef" id="XP_Q29_A1-p9.1" href="./asv.html#Heb.7.19" target="asv">Heb. 7:19</a>), so this sacrament had not to be foreshadowed therein by some corresponding sacrament, as by a figure of the same kind. + Nevertheless it was somewhat foreshadowed remotely by + all the healings related in the Old Testament. + </p> + <p id="XP_Q29_A1-p10"> + <b>Reply to Objection 3:</b> Dionysius makes no mention of Extreme Unction, as neither of Penance, nor of Matrimony, because he had no intention to decide + any question about the sacraments, save in so far as they serve to illustrate the orderly disposition of the ecclesiastical + hierarchy, as regards the ministers, their actions, and the recipients. Nevertheless since Extreme Unction confers grace and + remission of sins, there is no doubt that it possesses an enlightening and + cleansing power, even as Baptism, though not so copious. + </p> + <p id="XP_Q29_A1-p11"></p> + <p id="XP_Q29_A1-p12"></p> + <p id="XP_Q29_A1-p13"></p> + <a href="summa.XP_Q29.html"></a> + <a href="summa.XP_Q29_A2.html"></a> + </div> + <div id="XP_Q29_A2" class="div4"> + <a href="summa.XP_Q29_A1.html"></a> + <a href="summa.XP_Q29_A3.html"></a> + <h4 id="XP_Q29_A2-p0.1">Whether Extreme Unction is one sacrament?</h4> + <p id="XP_Q29_A2-p1"></p> + <p id="XP_Q29_A2-p2"> + <b>Objection 1:</b> It would seem that Extreme Unction is not one sacrament. Because the oneness of a thing depends on its matter and form, since + being and oneness are derived from the same source. Now the form of this sacrament is said several times during the one administration, + and the matter is applied to the person anointed in respect of various parts of his body. Therefore it is not one sacrament. + </p> + <p id="XP_Q29_A2-p3"> + <b>Objection 2:</b> Further, the unction itself is a sacrament, for it would be absurd to say that the oil is a sacrament. But there are several + unctions. Therefore there are several sacraments. + </p> + <p id="XP_Q29_A2-p4"> + <b>Objection 3:</b> Further, one sacrament should be performed by one minister. But the case might occur that Extreme Unction could not be conferred + by one minister: thus if the priest die after the first unction, another priest would have to proceed with the others. Therefore + Extreme Unction is not one sacrament. + </p> + <p id="XP_Q29_A2-p5"> + <b>On the contrary,</b> As immersion is in relation to Baptism, so is unction to this sacrament. But several immersions are but one sacrament of + Baptism. Therefore the several unctions in Extreme Unction are also one sacrament. + </p> + <p id="XP_Q29_A2-p6"> Further, if it were not one sacrament, then after the first unction, it would not be essential for the perfection of the + sacrament that the second unction should be performed, since each sacrament has perfect being of itself. But that is not true. + Therefore it is one sacrament. + </p> + <p id="XP_Q29_A2-p7"> + <b>I answer that,</b> Strictly speaking, a thing is one numerically in three ways. First, as something indivisible, which is neither actually nor + potentially several---as a point, and unity. Secondly, as something continuous, which is actually one, but potentially several---as + a line. Thirdly, as something complete, that is composed of several parts---as a house, which is, in a way, several things, + even actually, although those several things go together towards making one. In + this way each sacrament is said to be one thing, in as much as the many things which are contained in one sacrament, are united + together for the purpose of signifying or causing one thing, because a sacrament is a sign of the effect it produces. Hence + when one action suffices for a perfect signification, the unity of the sacrament consists in that action only, as may be seen + in Confirmation. When, however, the signification of the sacrament can be both in one and in several actions, then the + sacrament can be complete both in one and in several actions, even as Baptism in one immersion and in three, since washing + which is signified in Baptism, can be completed by one immersion and by several. But when the perfect signification cannot + be expressed except by means of several actions, then these several actions are essential for the perfection of the sacrament, + as is exemplified in the Eucharist, for the refreshment of the body which signifies that of the soul, can only be attained + by + means of meat and drink. It is the same in this sacrament, because the healing of the internal wounds cannot be perfectly + signified save by the application of the remedy to the various sources of the wounds. Hence several actions are essential + to the perfection of this sacrament. + </p> + <p id="XP_Q29_A2-p8"> + <b>Reply to Objection 1:</b> The unity of a complete whole is not destroyed by reason of a diversity of matter or form in the parts of that whole. Thus + it is evident that there is neither the same matter nor the same form in the flesh and in the bones of which one man is composed. + In like manner too, in the sacrament of the Eucharist, and in this sacrament, the diversity of matter and form does not destroy + the unity of the sacrament. + </p> + <p id="XP_Q29_A2-p9"> + <b>Reply to Objection 2:</b> Although those actions are several simply, yet they are united together in one complete action, viz. the anointing of all + the external senses, whence arises the infernal malady. + </p> + <p id="XP_Q29_A2-p10"> + <b>Reply to Objection 3:</b> Although, in the Eucharist, if the priest die after the consecration of the bread, another priest can go on with the consecration + of the wine, beginning where the other left off, or can begin over again with fresh matter, in Extreme Unction he cannot begin + over again, but should always go on, because to anoint the same part a second time would produce as much effect as if one + were to consecrate a host a second time, which ought by no means to be done. + Nor does the plurality of ministers destroy the unity of this sacrament, because they only act as instruments, and the unity + of a smith's work is not destroyed by his using several hammers. + </p> + <p id="XP_Q29_A2-p11"></p> + <p id="XP_Q29_A2-p12"></p> + <a href="summa.XP_Q29_A1.html"></a> + <a href="summa.XP_Q29_A3.html"></a> + </div> + <div id="XP_Q29_A3" class="div4"> + <a href="summa.XP_Q29_A2.html"></a> + <a href="summa.XP_Q29_A4.html"></a> + <h4 id="XP_Q29_A3-p0.1">Whether this sacrament was instituted by Christ?</h4> + <p id="XP_Q29_A3-p1"></p> + <p id="XP_Q29_A3-p2"> + <b>Objection 1:</b> It would seem that this sacrament was not instituted by Christ. For mention is made in the Gospel of the institution of those + sacraments which Christ instituted, for instance the Eucharist and Baptism. But no mention is made of Extreme Unction. Therefore + it was not instituted by Christ. + </p> + <p id="XP_Q29_A3-p3"> + <b>Objection 2:</b> Further, the Master says explicitly (Sent. iv, D, 23) that it was instituted by the apostles. Therefore Christ did not institute + it Himself. + </p> + <p id="XP_Q29_A3-p4"> + <b>Objection 3:</b> Further, Christ showed forth the sacraments which He instituted, as in the case of the Eucharist and Baptism. But He did + not bestow this sacrament on anyone. Therefore He did not institute it Himself. + </p> + <p id="XP_Q29_A3-p5"> + <b>On the contrary,</b> The sacraments of the New Law are more excellent than those of the Old Law. But all the sacraments of the Old Law were instituted + by God. Therefore much more do all the sacraments of the New Law owe their institution to Christ Himself. + </p> + <p id="XP_Q29_A3-p6"> Further, to make an institution and to remove it belongs to the same authority. Now the Church, who enjoys the same authority + in the successors of the apostles, as the apostles themselves possessed, cannot do away with the sacrament of Extreme Unction. + Therefore the apostles did not institute it, but Christ Himself. + </p> + <p id="XP_Q29_A3-p7"> + <b>I answer that,</b> There are two opinions on this point. For some hold that this sacrament and Confirmation were not instituted by Christ Himself, + but were left by Him to be instituted by the apostles; for the reason that these two sacraments, on account of the plenitude + of grace conferred in them, could not be instituted before the mission of the Holy Ghost in perfect plenitude. Hence they + are sacraments of the New Law in such a way as not to be foreshadowed in the Old Law. + But this argument is not very cogent, since, just as Christ, before His Passion, promised the mission of the Holy Ghost in + His plenitude, so could He institute these sacraments. + </p> + <p id="XP_Q29_A3-p8"> Wherefore others hold that Christ Himself instituted all the sacraments, but that He Himself published some, which present + greater difficulty to our belief, while he reserved some to be published by the apostles, such as Extreme Unction and Confirmation. + This opinion seems so much the more probable, as the sacraments belong to the foundation of the Law, wherefore their institution + pertains to the lawgiver; besides, they derive their efficacy from their institution, which + efficacy is given them by God alone. + </p> + <p id="XP_Q29_A3-p9"> + <b>Reply to Objection 1:</b> Our Lord did and said many things which are not related in the Gospel. For the evangelists were intent on handing down chiefly + those things that were necessary for salvation or concerned the building of the ecclesiastical edifice. Hence they related + the institution by Christ of Baptism, Penance, the Eucharist and orders, rather than of Extreme Unction and Confirmation, + which are not necessary for salvation, nor do they concern the building or division + of the Church. As a matter of fact however an anointing done by the apostles is mentioned in the Gospel ( + <a class="scripRef" id="XP_Q29_A3-p9.1" href="./asv.html#Mark.6.13" target="asv">Mk. 6:13</a>) where it is said that they "anointed the sick with oil." + </p> + <p id="XP_Q29_A3-p10"> + <b>Reply to Objection 2:</b> The Master says it was instituted by the apostles because its institution was made known to us by the teaching of the apostles. + </p> + <p id="XP_Q29_A3-p11"> + <b>Reply to Objection 3:</b> Christ did not show forth any sacrament except such as He received by way of example: but He could not be a recipient of + Penance and Extreme Unction, since there was no sin in Him: hence He did not show them forth. + </p> + <p id="XP_Q29_A3-p12"></p> + <p id="XP_Q29_A3-p13"></p> + <a href="summa.XP_Q29_A2.html"></a> + <a href="summa.XP_Q29_A4.html"></a> + </div> + <div id="XP_Q29_A4" class="div4"> + <a href="summa.XP_Q29_A3.html"></a> + <a href="summa.XP_Q29_A5.html"></a> + <h4 id="XP_Q29_A4-p0.1">Whether olive oil is a suitable matter for this sacrament?</h4> + <p id="XP_Q29_A4-p1"></p> + <p id="XP_Q29_A4-p2"> + <b>Objection 1:</b> It would seem that olive oil is not a suitable matter for this sacrament. For this sacrament is ordained immediately to the + state of incorruption. Now incorruption is signified by balsam which is contained in chrism. Therefore chrism would be a more + suitable matter for this sacrament. + </p> + <p id="XP_Q29_A4-p3"> + <b>Objection 2:</b> Further, this sacrament is a spiritual healing. Now spiritual healing is signified by the use of wine, as may be gathered + from the parable of the wounded man ( + <a class="scripRef" id="XP_Q29_A4-p3.1" href="./asv.html#Luke.10.34" target="asv">Lk. 10:34</a>). Therefore wine also would be more suitable a matter for this sacrament. + </p> + <p id="XP_Q29_A4-p4"> + <b>Objection 3:</b> Further, where there is the greater danger, the remedy should be a common one. But olive oil is not a common remedy, since + the olive is not found in every country. Therefore, since this sacrament is given to the dying, who are in the greatest danger, + it seems that olive oil is not a suitable matter. + </p> + <p id="XP_Q29_A4-p5"> + <b>On the contrary,</b> oil is appointed ( + <a class="scripRef" id="XP_Q29_A4-p5.1" href="./asv.html#Jas.5.14" target="asv">James 5:14</a>) as the matter of this sacrament. Now, properly speaking, oil is none but olive oil. Therefore this is the matter of this + sacrament. + </p> + <p id="XP_Q29_A4-p6"> Further, spiritual healing is signified by anointing with oil, as is evident from + <a class="scripRef" id="XP_Q29_A4-p6.1" href="./asv.html#Isa.1.6" target="asv"> Is. 1:6 </a>where we read: " . . . swelling sores: they are not . . . dressed nor fomented with oil." Therefore the suitable matter for + this sacrament is oil. + </p> + <p id="XP_Q29_A4-p7"> + <b>I answer that,</b> The spiritual healing, which is given at the end of life, ought to be complete, since there is no other to follow; it ought + also to be gentle, lest hope, of which the dying stand in utmost need, be shattered rather than fostered. Now oil has a softening + effect, it penetrates to the very heart of a thing, and spreads over it. Hence, in both the foregoing respects, it is a suitable + matter for this sacrament. And since oil is, above all, the name of the liquid + extract of olives, for other liquids are only called oil from their likeness to it, it follows that olive oil is the matter + which should be employed in this sacrament. + </p> + <p id="XP_Q29_A4-p8"> + <b>Reply to Objection 1:</b> The incorruption of glory is something not contained in this sacrament: and there is no need for the matter to signify such + a thing. Hence it is not necessary for balsam to be included in the matter of this sacrament, because on account of its fragrance + it is indicative of a good name, which is no longer necessary, for its own sake, to those who are dying; they need only a + clear conscience which is signified by oil. + </p> + <p id="XP_Q29_A4-p9"> + <b>Reply to Objection 2:</b> Wine heals by its roughness, oil by its softness, wherefore healing with wine pertains to Penance rather than to this sacrament. + </p> + <p id="XP_Q29_A4-p10"> + <b>Reply to Objection 3:</b> Though olive oil is not produced everywhere, yet it can easily be transported from one place to another. Moreover this sacrament + is not so necessary that the dying cannot obtain salvation without it. + </p> + <p id="XP_Q29_A4-p11"></p> + <p id="XP_Q29_A4-p12"></p> + <a href="summa.XP_Q29_A3.html"></a> + <a href="summa.XP_Q29_A5.html"></a> + </div> + <div id="XP_Q29_A5" class="div4"> + <a href="summa.XP_Q29_A4.html"></a> + <a href="summa.XP_Q29_A6.html"></a> + <h4 id="XP_Q29_A5-p0.1">Whether the oil ought to be consecrated?</h4> + <p id="XP_Q29_A5-p1"></p> + <p id="XP_Q29_A5-p2"> + <b>Objection 1:</b> It would seem that the oil need not be consecrated. Because there is a sanctification in the use of this sacrament, through + the form of words. Therefore another sanctification is superfluous if it be applied to the matter. + </p> + <p id="XP_Q29_A5-p3"> + <b>Objection 2:</b> Further, the efficacy and signification of the sacraments are in their very matter. But the signification of the effect of + this sacrament, is suitable to oil on account of its natural properties, and the efficacy thereof is due to the Divine institution. + Therefore its matter does not need to be sanctified. + </p> + <p id="XP_Q29_A5-p4"> + <b>Objection 3:</b> Further, Baptism is a more perfect sacrament than Extreme Unction. But, so far as the essentials of the sacrament are concerned, + the baptismal matter needs no sanctification. Neither therefore does the matter of Extreme Unction need to be sanctified. + </p> + <p id="XP_Q29_A5-p5"> + <b>On the contrary,</b> In all other anointings the matter is previously consecrated. Therefore since this sacrament is an anointing, it requires + consecrated matter. + </p> + <p id="XP_Q29_A5-p6"> + <b>I answer that,</b> Some hold that mere oil is the matter of this sacrament, and that the sacrament itself is perfected in the consecration of + the oil by the bishop. But this is clearly false since we proved when treating of the Eucharist that that sacrament alone + consists in the consecration of the matter ( + <a id="XP_Q29_A5-p6.1" shape="rect" href="summa.XP_Q2_A1.html">Q[2], A[1]</a>, ad 2). + </p> + <p id="XP_Q29_A5-p7"> We must therefore say that this sacrament consists in the anointing itself, just as Baptism consists in the washing, and + that the matter of this sacrament is consecrated oil. Three reasons may be assigned why consecrated matter is needed in this + sacrament and in certain others. The first is that all sacramental efficacy is derived from Christ: wherefore those sacraments + which He Himself used, derived their efficacy from His use of them, even as, by the contact of His flesh, He + bestowed the force of regeneration on the waters. But He did not use this sacrament, nor any bodily anointing, wherefore in + all anointings a consecrated matter is required. The second reason is that this sacrament confers a plenitude of grace, so + as to take away not only sin but also the remnants of sin, and bodily sickness. The third reason is that its effect on the + body, viz. bodily health, is not caused by a natural property of the matter. wherefore it has to derive this efficacy from + being + consecrated. + </p> + <p id="XP_Q29_A5-p8"> + <b>Reply to Objection 1:</b> The first consecration sanctifies the matter in itself, but the second regards rather the use of the matter considered as + actually producing its effect. Hence neither is superfluous, because instruments also receive their efficacy from the craftsman, + both when they are made, and when they are used for action. + </p> + <p id="XP_Q29_A5-p9"> + <b>Reply to Objection 2:</b> The efficacy which the sacrament derives from its institution, is applied to this particular matter when it is consecrated. + </p> + <p id="XP_Q29_A5-p10"> The Reply to the Third Objection is gathered from what has been said.</p> + <p id="XP_Q29_A5-p11"></p> + <p id="XP_Q29_A5-p12"></p> + <a href="summa.XP_Q29_A4.html"></a> + <a href="summa.XP_Q29_A6.html"></a> + </div> + <div id="XP_Q29_A6" class="div4"> + <a href="summa.XP_Q29_A5.html"></a> + <a href="summa.XP_Q29_A7.html"></a> + <h4 id="XP_Q29_A6-p0.1">Whether the matter of this sacrament need be consecrated by a bishop?</h4> + <p id="XP_Q29_A6-p1"></p> + <p id="XP_Q29_A6-p2"> + <b>Objection 1:</b> It would seem that the matter of this sacrament need not be consecrated by a bishop. Because the consecration of the Eucharistic + elements surpasses that of the matter in this sacrament. But a priest can consecrate the matter in the Eucharist. Therefore + he can do so in this sacrament also. + </p> + <p id="XP_Q29_A6-p3"> + <b>Objection 2:</b> Further, in material works the higher art never prepares the matter for the lower, because the art which applies the matter + is more excellent than that which prepares it, as stated in Phys. ii, text. 25. Now a bishop is above a priest. Therefore + he does not prepare the matter of a sacrament which is applied by a priest. But a priest dispenses this sacrament, as we shall + state further on ( + <a id="XP_Q29_A6-p3.1" shape="rect" href="summa.XP_Q31.html">Q[31])</a>. Therefore the consecration of the matter + does not belong to a bishop. + </p> + <p id="XP_Q29_A6-p4"> + <b>On the contrary,</b> In other anointings also the matter is consecrated by a bishop. Therefore the same applies to this. + </p> + <p id="XP_Q29_A6-p5"> + <b>I answer that,</b> The minister of a sacrament produces the effect, not by his own power, as though he were the principal agent, but by the + efficacy of the sacrament which he dispenses. This efficacy comes, in the first place, from Christ, and from Him flows down + to others in due order, viz. to the people through the medium of the ministers who dispense the sacraments, and to the lower + ministers through the medium of the higher ministers who sanctify the matter. Wherefore, in + all the sacraments which require a sanctified matter, the first consecration of the matter is performed by a bishop, and the + application thereof sometimes by a priest, in order to show that the priest's power is derived from the bishop's, according + to + <a class="scripRef" id="XP_Q29_A6-p5.1" href="./asv.html#Ps.132.2" target="asv"> Ps. 132:2</a>: "Like the precious ointment on the head," i.e. Christ, "that ran down upon the beard of Aaron" first, and then "to the skirt + of his garment." + </p> + <p id="XP_Q29_A6-p6"> + <b>Reply to Objection 1:</b> The sacrament of the Eucharist consists in the consecration of the matter and not in its use. Consequently, strictly speaking, + that which is the matter of the sacrament is not a consecrated thing. Hence no consecration of the matter by a bishop is required + beforehand: but the altar and such like things, even the priest himself, need to be consecrated, all of which can be done + by none but a bishop: so that in this sacrament also, the priest's power is + shown to be derived from the bishop's, as Dionysius observes (Eccl. Hier. iii). The reason why a priest can perform that consecration + of matter which is a sacrament by itself, and not that which, as a sacramental, is directed to a sacrament consisting in something + used by the faithful, is that in respect of Christ's true body no order is above the priesthood, whereas, in respect of Christ's + mystic body the episcopate is above the priesthood, as we shall state further on ( + <a id="XP_Q29_A6-p6.1" shape="rect" href="summa.XP_Q40_A4.html">Q[40], A[4]</a>). + </p> + <p id="XP_Q29_A6-p7"> + <b>Reply to Objection 2:</b> The sacramental matter is not one that is made into something else by him that uses it, as occurs in the mechanical arts: + it is one, in virtue of which something is done, so that it partakes somewhat of the nature of an efficient cause, in so far + as it is the instrument of a Divine operation. Hence the matter needs to acquire this virtue from a higher art or power, since + among efficient causes, the more prior the cause the more perfect it is, whereas + in material causes, the more prior the matter, the more imperfect it is. + </p> + <p id="XP_Q29_A6-p8"></p> + <p id="XP_Q29_A6-p9"></p> + <a href="summa.XP_Q29_A5.html"></a> + <a href="summa.XP_Q29_A7.html"></a> + </div> + <div id="XP_Q29_A7" class="div4"> + <a href="summa.XP_Q29_A6.html"></a> + <a href="summa.XP_Q29_A8.html"></a> + <h4 id="XP_Q29_A7-p0.1">Whether this sacrament has a form?</h4> + <p id="XP_Q29_A7-p1"></p> + <p id="XP_Q29_A7-p2"> + <b>Objection 1:</b> It would seem that this sacrament has no form. Because, since the efficacy of the sacraments is derived from their institution, + as also from their form, the latter must needs be appointed by the institutor of the sacrament. But there is no account of + the form of this sacrament being instituted either by Christ or by the apostles. Therefore this sacrament has no form. + </p> + <p id="XP_Q29_A7-p3"> + <b>Objection 2:</b> Further, whatever is essential to a sacrament is observed everywhere in the same way. Now nothing is so essential to a sacrament + that has a form, as that very form. Therefore, as in this sacrament there is no form commonly used by all, since various words + are in use, it seems that this sacrament has no form. + </p> + <p id="XP_Q29_A7-p4"> + <b>Objection 3:</b> Further, in Baptism no form is needed except for the sanctification of the matter, because the water is "sanctified by the + word of life so as to wash sin away," as Hugh states (De Sacram. ii). Now the matter of this sacrament is already consecrated. + Therefore it needs no form of words. + </p> + <p id="XP_Q29_A7-p5"> + <b>On the contrary,</b> The Master says (Sent. iv, D, 1) that every sacrament of the New Law consists in things and words. Now the words are the + sacramental form. Therefore, since this is a sacrament of the New Law, it seems that it has a form. + </p> + <p id="XP_Q29_A7-p6"> Further, this is confirmed by the rite of the Universal Church, who uses certain words in the bestowal of this sacrament.</p> + <p id="XP_Q29_A7-p7"> + <b>I answer that,</b> Some have held that no farm is essential to this sacrament. This, however, seems derogatory to the effect of this sacrament, + since every sacrament signifies its effect. Now the matter is indifferent as regards its effect, and consequently cannot be + determined to any particular effect save by the form of words. Hence in all the sacraments of the New Law, since they effect + what they signify, there must needs be things and words. Moreover James (5:14,15) seems + to ascribe the whole force of this sacrament to prayer, which is the form thereof, as we shall state further on (ad 2: AA[8],9). + Wherefore the foregoing opinion seems presumptuous and erroneous; and for that reason we should hold with the common opinion + that this, like all the other sacraments, has a fixed form. + </p> + <p id="XP_Q29_A7-p8"> + <b>Reply to Objection 1:</b> Holy Writ is proposed to all alike: and so, the form of Baptism, which can be conferred by all, should be expressed in Holy + Writ, as also the form of the Eucharist, which in regard to that sacrament, expresses faith which is necessary for salvation. + Now the forms of the other sacraments are not contained in Holy Writ, but were handed down to the Church by the apostles, + who received them from our Lord, as the Apostle declares ( + <a class="scripRef" id="XP_Q29_A7-p8.1" href="./asv.html#iCor.11.23" target="asv">1 Cor. + 11:23 + </a>): "For I have received of the Lord that which also I delivered to you," etc. + </p> + <p id="XP_Q29_A7-p9"> + <b>Reply to Objection 2:</b> The words which are essential to the form, viz. the prayer of deprecation, are said by all; but other words which pertain + to the well-being thereof, are not said by all. + </p> + <p id="XP_Q29_A7-p10"> + <b>Reply to Objection 3:</b> The matter of Baptism has a certain sanctification of its own from the very contact of our Saviour's flesh; but the form + of words sanctifies it so that it has a sanctifying force. In like manner when the matter of this sacrament has been sanctified + in itself, it requires sanctification in its use, so that it may sanctify actually. + </p> + <p id="XP_Q29_A7-p11"></p> + <p id="XP_Q29_A7-p12"></p> + <a href="summa.XP_Q29_A6.html"></a> + <a href="summa.XP_Q29_A8.html"></a> + </div> + <div id="XP_Q29_A8" class="div4"> + <a href="summa.XP_Q29_A7.html"></a> + <a href="summa.XP_Q29_A9.html"></a> + <h4 id="XP_Q29_A8-p0.1">Whether the form of this sacrament should be expressed by way of assertion or of petition?</h4> + <p id="XP_Q29_A8-p1"></p> + <p id="XP_Q29_A8-p2"> + <b>Objection 1:</b> It would seem that the form of this sacrament should be expressed by way of assertion rather than of petition. Because all + the sacraments of the New Law have a sure effect. But sureness of effect is not expressed in the sacramental forms except + by way of assertion, as when we say: "This is My body" or "I baptize thee." Therefore the form of this sacrament should be + expressed as an assertion. + </p> + <p id="XP_Q29_A8-p3"> + <b>Objection 2:</b> Further, the intention of the minister should be expressed in the sacramental forms because it is essential to the sacrament. + But the intention of conferring a sacrament is not expressed except by an assertion. Therefore, etc. + </p> + <p id="XP_Q29_A8-p4"> + <b>Objection 3:</b> Further, in some churches the following words are said in the conferring of this sacrament: "I anoint these eyes with consecrated + oil in the name of the Father," etc., which is in keeping with the forms of the other sacraments. Therefore it seems that + such is the form of this sacrament. + </p> + <p id="XP_Q29_A8-p5"> + <b>On the contrary,</b> The form of a sacrament must needs be one that is observed everywhere. Now the words employed according to the custom of + all the churches are not those quoted above, but take the form of a petition viz.: "Through this holy unction, and His most + tender mercy, may the Lord pardon thee whatever sins thou hast committed, by sight," etc. Therefore the form of this sacrament + is expressed as a petition. + </p> + <p id="XP_Q29_A8-p6"> Further, this seems to follow from the words of James, who ascribes the effect of this sacrament to prayer: "The prayer of + faith," says he (5:15), "shall save the sick man." Since then a sacrament takes its efficacy from its form, it seems that + the form of this sacrament is expressed as a petition. + </p> + <p id="XP_Q29_A8-p7"> + <b>I answer that,</b> The form of this sacrament is expressed by way of a petition, as appears from the words of James, and from the custom of + the Roman Church, who uses no other than words of supplication in conferring this sacrament. Several reasons are assigned + for this: first, because the recipient of this sacrament is deprived of his strength, so that he needs to be helped by prayers; + secondly, because it is given to the dying, who are on the point of quitting the courts of + the Church, and rest in the hands of God alone, for which reason they are committed to Him by prayer; thirdly, because the + effect of this sacrament is not such that it always results from the minister's prayer, even when all essentials have been + duly observed, as is the case with the character in Baptism and Confirmation, transubstantiation in the Eucharist, remission + of sin in Penance (given contrition) which remission is essential to the sacrament of Penance but not to this sacrament. + Consequently the form of this sacrament cannot be expressed in the indicative mood, as in the sacraments just mentioned. + </p> + <p id="XP_Q29_A8-p8"> + <b>Reply to Objection 1:</b> This sacrament, like the others mentioned, considered in itself, is sure of its effect. yet this effect can be hindered through + the insincerity of the recipient (though by his intention he submit to the sacrament), so that he receives no effect at all. + Hence there is no parity between this sacrament, and the others wherein some effect always ensues. + </p> + <p id="XP_Q29_A8-p9"> + <b>Reply to Objection 2:</b> The intention is sufficiently expressed by the act which is mentioned in the form, viz.: "By this holy unction." + </p> + <p id="XP_Q29_A8-p10"> + <b>Reply to Objection 3:</b> These words in the indicative mood, which some are wont to say before the prayer, are not the sacramental form, but are a + preparation for the form, in so far as they determine the intention of the minister. + </p> + <p id="XP_Q29_A8-p11"></p> + <p id="XP_Q29_A8-p12"></p> + <a href="summa.XP_Q29_A7.html"></a> + <a href="summa.XP_Q29_A9.html"></a> + </div> + <div id="XP_Q29_A9" class="div4"> + <a href="summa.XP_Q29_A8.html"></a> + <a href="summa.XP_Q30.html"></a> + <h4 id="XP_Q29_A9-p0.1">Whether the foregoing prayer is a suitable form for this sacrament?</h4> + <p id="XP_Q29_A9-p1"></p> + <p id="XP_Q29_A9-p2"> + <b>Objection 1:</b> It would seem that the foregoing prayer is not a suitable form for this sacrament. For in the forms of the other sacraments + mention is made of the matter, for instance in Confirmation, whereas this is not done in the aforesaid words. Therefore it + is not a suitable form. + </p> + <p id="XP_Q29_A9-p3"> + <b>Objection 2:</b> Further, just as the effect of this sacrament is bestowed on us by the mercy of God, so are the effects of the other sacraments. + But mention is made in the forms of the other sacraments, not of the Divine mercy, but rather of the Trinity and of the Passion. + Therefore the same should be done here. + </p> + <p id="XP_Q29_A9-p4"> + <b>Objection 3:</b> Further, this sacrament is stated in the text (Sent. iv, D, 23) to have a twofold effect. But in the foregoing words mention + is made of only one effect, viz. the remission of sins, and not of the healing of the body to which end James directs the + prayer of faith to be made ( + <a class="scripRef" id="XP_Q29_A9-p4.1" href="./asv.html#Jas.5.15" target="asv">James 5:15</a>): "The prayer of faith shall save the sick man." Therefore the above form is unsuitable. + </p> + <p id="XP_Q29_A9-p5"> + <b>I answer that,</b> The prayer given above + <a id="XP_Q29_A9-p5.1" shape="rect" href="summa.XP_Q29_A8.html">(A[8])</a> is a suitable form for this sacrament, for it includes the sacrament by the words: "By this holy unction," and that which + works in the sacrament, viz. "the mercy of God," and the effect, viz. "remission of sins." + </p> + <p id="XP_Q29_A9-p6"> + <b>Reply to Objection 1:</b> The matter of this sacrament may be understood in the act of anointing, whereas the matter of Confirmation cannot be implied + by the act expressed in the form. Hence there is no parity. + </p> + <p id="XP_Q29_A9-p7"> + <b>Reply to Objection 2:</b> The object of mercy is misery: and because this sacrament is given when we are in a state of misery, i.e. of sickness, mention + of mercy is made in this rather than in other sacraments. + </p> + <p id="XP_Q29_A9-p8"> + <b>Reply to Objection 3:</b> The form should contain mention of the principal effect, and of that which always ensues in virtue of the sacrament, unless + there be something lacking on the part of the recipient. Now bodily health is not an effect of this kind, as we shall state + further on ( + <a id="XP_Q29_A9-p8.1" shape="rect" href="summa.XP_Q30_A1.html">Q[30], AA[1]</a> ,2), though it does ensue at times, for which reason James ascribes this effect to the prayer which is the form of this sacrament. + </p> + <p id="XP_Q29_A9-p9"></p> + <p id="XP_Q29_A9-p10"></p> + <a href="summa.XP_Q29_A8.html"></a> + <a href="summa.XP_Q30.html"></a> + </div> + <a href="summa.XP_Q28_A3.html"></a> + <a href="summa.XP_Q29_A1.html"></a> + </div> + <div id="XP_Q30" class="div3"> + <a href="summa.XP_Q29_A9.html"></a> + <a href="summa.XP_Q30_A1.html"></a> + <h3 id="XP_Q30-p0.1">OF THE EFFECT OF THIS SACRAMENT (THREE ARTICLES)</h3> + <p id="XP_Q30-p1"></p> + <p id="XP_Q30-p2"> We must now consider the effect of this sacrament: under which head there are three points of inquiry:</p> + <p id="XP_Q30-p3"> (1) Whether Extreme Unction avails for the remission of sins?</p> + <p id="XP_Q30-p4"> (2) Whether bodily health is an effect of this sacrament?</p> + <p id="XP_Q30-p5"> (3) Whether this sacrament imprints a character?</p> + <div id="XP_Q30_A1" class="div4"> + <a href="summa.XP_Q30.html"></a> + <a href="summa.XP_Q30_A2.html"></a> + <h4 id="XP_Q30_A1-p0.1">Whether Extreme Unction avails for the remission of sins?</h4> + <p id="XP_Q30_A1-p1"></p> + <p id="XP_Q30_A1-p2"> + <b>Objection 1:</b> It would seem that Extreme Unction does not avail for the remission of sins. For when a thing can be attained by one means, + no other is needed. Now repentance is required in the recipient of Extreme Unction for the remission of his sins. Therefore + sins are not remitted by Extreme Unction. + </p> + <p id="XP_Q30_A1-p3"> + <b>Objection 2:</b> Further, there are no more than three things in sin, the stain, the debt of punishment, and the remnants of sin. Now Extreme + Unction does not remit the stain without contrition, and this remits sin even without Unction; nor does it remit the punishment, + for if the recipient recover, he is still bound to fulfill the satisfaction enjoined; nor does it take away the remnants of + sin, since the dispositions remaining from preceding acts still remain, as may easily + be seen after recovery. Therefore remission of sins is by no means the effect of Extreme Unction. + </p> + <p id="XP_Q30_A1-p4"> + <b>Objection 3:</b> Further, remission of sins takes place, not successively, but instantaneously. On the other hand, Extreme Unction is not + done all at once, since several anointings are required. Therefore the remission of sins is not its effect. + </p> + <p id="XP_Q30_A1-p5"> + <b>On the contrary,</b> It is written ( + <a class="scripRef" id="XP_Q30_A1-p5.1" href="./asv.html#Jas.5.15" target="asv">James 5:15</a>): "If he be in sins, they shall be forgiven him." + </p> + <p id="XP_Q30_A1-p6"> Further, every sacrament of the New Law confers grace. Now grace effects the forgiveness of sins. Therefore since Extreme + Unction is a sacrament of the New Law, its effect is the remission of sins. + </p> + <p id="XP_Q30_A1-p7"> + <b>I answer that,</b> Each sacrament was instituted for the purpose of one principal effect, though it may, in consequence, produce other effects + besides. And since a sacrament causes what it signifies, the principal effect of a sacrament must be gathered from its signification. + Now this sacrament is conferred by way of a kind of medicament, even as Baptism is conferred by way of washing, and the purpose + of a medicament is to expel sickness. Hence the chief object of the + institution of this sacrament is to cure the sickness of sin. Therefore, just as Baptism is a spiritual regeneration, and + Penance, a spiritual resurrection, so Extreme Unction is a spiritual healing or cure. Now just as a bodily cure presupposes + bodily life in the one who is cured, so does a spiritual cure presuppose spiritual life. Hence this sacrament is not an antidote + to those defects which deprive man of spiritual life, namely. original and mortal sin, but is a remedy for such defects as + weaken man spiritually, so as to deprive him of perfect vigor for acts of the life of grace or of glory; which defects consist + in nothing else but a certain weakness and unfitness, the result in us of actual or original sin. against which weakness man + is strengthened by this sacrament. Since, however, this strength is given by grace, which is incompatible with sin, it follows + that. in consequence, if it finds any sin, either mortal or venial, it removes it as far as the guilt is concerned, + provided there be no obstacle on the part of the recipient; just as we have stated to be the case with regard to the Eucharist + and Confirmation ( + <a id="XP_Q30_A1-p7.1" shape="rect" href="summa.TP_Q73_A7.html">TP, Q[73], A[7]</a>; + <a id="XP_Q30_A1-p7.2" shape="rect" href="summa.TP_Q79_A3.html">TP, Q[79], A[3]</a>). Hence, too, James speaks of the remission of sin as being conditional, for he says: "If he be in sins, they shall be forgiven + him," viz. as to the guilt. Because it does not always blot out sin, since it does not always find any: but it always remits + in respect of the + aforesaid weakness which some call the remnants of sin. Some, however, maintain that it is instituted chiefly as a remedy + for venial sin which cannot be cured perfectly in this lifetime: for which reason the sacrament of the dying is ordained specially + against venial sin. But this does not seem to be true, since Penance also blots out venial sins sufficiently during this life + as to their guilt, and that we cannot avoid them after doing penance, does not cancel the effect of the previous + penance; moreover this is part of the weakness mentioned above. + </p> + <p id="XP_Q30_A1-p8"> Consequently we must say that the principal effect of this sacrament is the remission of sin, as to its remnants, and, consequently, + even as to its guilt, if it find it. + </p> + <p id="XP_Q30_A1-p9"> + <b>Reply to Objection 1:</b> Although the principal effect of a sacrament can be obtained without actually receiving that sacrament (either without any + sacrament at all, or indirectly by means of some other sacrament), yet it never can be obtained without the purpose of receiving + that sacrament. And so, since Penance was instituted chiefly against actual sin, whichever other sacrament may blot out sin + indirectly, it does not exclude the necessity of Penance. + </p> + <p id="XP_Q30_A1-p10"> + <b>Reply to Objection 2:</b> Extreme Unction remits sin in some way as to those three things. For, although the stain of sin is not washed out without + contrition, yet this sacrament, by the grace which it bestows, makes the movement of the free will towards sin to be one of + contrition, just as may occur in the Eucharist and Confirmation. Again it diminishes the debt of temporal punishment; and + this indirectly, in as much as it takes away weakness, for a strong man bears the same + punishment more easily than a weak man. Hence it does not follow that the measure of satisfaction is diminished. As to the + remnants of sin, they do not mean here those dispositions which result from acts, and are inchoate habits so to speak, but + a certain spiritual debility in the mind, which debility being removed, though such like habits or dispositions remain, the + mind is not so easily prone to sin. + </p> + <p id="XP_Q30_A1-p11"> + <b>Reply to Objection 3:</b> When many actions are ordained to one effect, the last is formal with respect to all the others that precede, and acts by + virtue of them: wherefore by the last anointing is infused grace which gives the sacrament its effect. + </p> + <p id="XP_Q30_A1-p12"></p> + <p id="XP_Q30_A1-p13"></p> + <a href="summa.XP_Q30.html"></a> + <a href="summa.XP_Q30_A2.html"></a> + </div> + <div id="XP_Q30_A2" class="div4"> + <a href="summa.XP_Q30_A1.html"></a> + <a href="summa.XP_Q30_A3.html"></a> + <h4 id="XP_Q30_A2-p0.1">Whether bodily health is an effect of this sacrament?</h4> + <p id="XP_Q30_A2-p1"></p> + <p id="XP_Q30_A2-p2"> + <b>Objection 1:</b> It would seem that bodily health is not an effect of this sacrament. For every sacrament is a spiritual remedy. Now a spiritual + remedy is ordained to spiritual health, just as a bodily remedy is ordained to health of the body. Therefore bodily health + is not an effect of this sacrament. + </p> + <p id="XP_Q30_A2-p3"> + <b>Objection 2:</b> Further, the sacraments always produce their effect in those who approach them in the proper dispositions. Now sometimes + the recipient of this sacrament does not receive bodily health, no matter how devoutly he receives it. Therefore bodily health + is not its effect. + </p> + <p id="XP_Q30_A2-p4"> + <b>Objection 3:</b> Further, the efficacy of this sacrament is notified to us in the fifth chapter of James. Now healing is ascribed there as + the effect, not of the anointing, but of the prayer, for he says: "The prayer of faith shall save the sick man." Therefore + bodily healing is not an effect of this sacrament. + </p> + <p id="XP_Q30_A2-p5"> + <b>On the contrary,</b> The operation of the Church is more efficacious since Christ's Passion than before. Now, before the Passion, those whom the + apostles anointed with oil were healed ( + <a class="scripRef" id="XP_Q30_A2-p5.1" href="./asv.html#Mark.6.13" target="asv">Mk. 6:13</a>). Therefore unction has its effect now in healing bodies. + </p> + <p id="XP_Q30_A2-p6"> Further, the sacraments produce their effect by signifying it. Now Baptism signifies and effects a spiritual washing, through + the bodily washing in which it consists outwardly. Therefore Extreme Unction signifies and causes a spiritual healing through + the bodily healing which it effects externally. + </p> + <p id="XP_Q30_A2-p7"> + <b>I answer that,</b> Just as Baptism causes a spiritual cleansing from spiritual stains by means of a bodily washing, so this sacrament causes + an inward healing by means of an outward sacramental healing: and even as the baptismal washing has the effect of a bodily + washing, since it effects even a bodily cleansing, so too, Extreme Unction has the effect of a bodily remedy, namely a healing + of the body. But there is a difference, for as much as the bodily washing causes a bodily + cleansing by a natural property of the bodily element, and consequently always causes it, whereas Extreme Unction causes a + bodily healing, not by a natural property of the matter, but by the Divine power which works reasonably. And since reasonable + working never produces a secondary effect, except in so far as it is required for the principal effect, it follows that a + bodily healing does not always ensue from this sacrament, but only when it is requisite for the spiritual healing: and then + it + produces it always, provided there be no obstacle on the part of the recipient. + </p> + <p id="XP_Q30_A2-p8"> + <b>Reply to Objection 1:</b> This objection proves that bodily health is not the principal effect of this sacrament: and this is true. + </p> + <p id="XP_Q30_A2-p9"> The Reply to the Second Objection is clear from what has been said above (cf. + <a id="XP_Q30_A2-p9.1" shape="rect" href="summa.XP_Q29_A8.html"> Q[29], A[8]</a>). + </p> + <p id="XP_Q30_A2-p10"> + <b>Reply to Objection 3:</b> This prayer is the form of this sacrament as stated above ( + <a id="XP_Q30_A2-p10.1" shape="rect" href="summa.XP_Q29_A8.html">Q[29], AA[8]</a>,9). Hence, so far as its form is concerned, this sacrament derives from it its efficacy in healing the body. + </p> + <p id="XP_Q30_A2-p11"></p> + <p id="XP_Q30_A2-p12"></p> + <a href="summa.XP_Q30_A1.html"></a> + <a href="summa.XP_Q30_A3.html"></a> + </div> + <div id="XP_Q30_A3" class="div4"> + <a href="summa.XP_Q30_A2.html"></a> + <a href="summa.XP_Q31.html"></a> + <h4 id="XP_Q30_A3-p0.1">Whether this sacrament imprints a character?</h4> + <p id="XP_Q30_A3-p1"></p> + <p id="XP_Q30_A3-p2"> + <b>Objection 1:</b> It would seem that this sacrament imprints a character. For a character is a distinctive sign. Now just as one who is baptized + is distinguished from one who is not so is one who is anointed, from one who is not. Therefore, just as Baptism imprints a + character so does Extreme Unction. + </p> + <p id="XP_Q30_A3-p3"> + <b>Objection 2:</b> Further, there is an anointing in the sacraments or order and Confirmation, as there is in this sacrament. But a character + is imprinted in those sacraments. Therefore a character is imprinted in this one also. + </p> + <p id="XP_Q30_A3-p4"> + <b>Objection 3:</b> Further, every sacrament contains something that is a reality only, something that is a sacrament only, and something that + is both reality and sacrament. Now nothing in this sacrament can be assigned as both reality and sacrament except a character. + Therefore in this sacrament also, a character is imprinted. + </p> + <p id="XP_Q30_A3-p5"> + <b>On the contrary,</b> No sacrament that imprints a character is repeated. But this sacrament is repeated as we shall state further on ( + <a id="XP_Q30_A3-p5.1" shape="rect" href="summa.XP_Q33.html">Q[33])</a>. Therefore it does not imprint a character. + </p> + <p id="XP_Q30_A3-p6"> Further, a sacramental character causes a distinction among those who are in the present Church. But Extreme Unction is given + to one who is departing from the present Church. Therefore it does not imprint a character. + </p> + <p id="XP_Q30_A3-p7"> + <b>I answer that,</b> A character is not imprinted except in those sacraments whereby man is deputed to some sacred duty. Now this sacrament is + for no other purpose than a remedy, and man is not deputed thereby to do or receive anything holy. Therefore it does not imprint + a character. + </p> + <p id="XP_Q30_A3-p8"> + <b>Reply to Objection 1:</b> A character marks a distinction of . states with regard to duties which have to be performed in the Church, a distinction + which a man does not receive by being anointed. + </p> + <p id="XP_Q30_A3-p9"> + <b>Reply to Objection 2:</b> The unction of orders and Confirmation, is the unction of consecration whereby a man is deputed to some sacred duty, whereas + this unction is remedial. Hence the comparison fails. + </p> + <p id="XP_Q30_A3-p10"> + <b>Reply to Objection 3:</b> In this sacrament, that which is both reality and sacrament is not a character, but a certain inward devotion which is a + kind of spiritual anointing. + </p> + <p id="XP_Q30_A3-p11"></p> + <p id="XP_Q30_A3-p12"></p> + <a href="summa.XP_Q30_A2.html"></a> + <a href="summa.XP_Q31.html"></a> + </div> + <a href="summa.XP_Q29_A9.html"></a> + <a href="summa.XP_Q30_A1.html"></a> + </div> + <div id="XP_Q31" class="div3"> + <a href="summa.XP_Q30_A3.html"></a> + <a href="summa.XP_Q31_A1.html"></a> + <h3 id="XP_Q31-p0.1">OF THE MINISTER OF THIS SACRAMENT (THREE ARTICLES)</h3> + <p id="XP_Q31-p1"></p> + <p id="XP_Q31-p2"> We must now consider the minister of this sacrament: under which head there are three points of inquiry:</p> + <p id="XP_Q31-p3"> (1) Whether a layman can confer this sacrament?</p> + <p id="XP_Q31-p4"> (2) Whether a deacon can?</p> + <p id="XP_Q31-p5"> (3) Whether none but a bishop can confer it?</p> + <div id="XP_Q31_A1" class="div4"> + <a href="summa.XP_Q31.html"></a> + <a href="summa.XP_Q31_A2.html"></a> + <h4 id="XP_Q31_A1-p0.1">Whether a layman can confer this sacrament?</h4> + <p id="XP_Q31_A1-p1"></p> + <p id="XP_Q31_A1-p2"> + <b>Objection 1:</b> It would seem that even a layman can confer this sacrament. For this sacrament derives its efficacy from prayer, as James + declares ( + <a class="scripRef" id="XP_Q31_A1-p2.1" href="./asv.html#Jas.5.15" target="asv">James 5:15</a>). But a layman's prayer is sometimes as acceptable to God as a priest's. Therefore he can confer this sacrament. + </p> + <p id="XP_Q31_A1-p3"> + <b>Objection 2:</b> Further, we read of certain fathers in Egypt that they sent the oil to the sick, and that these were healed. It is also related + of the Blessed Genevieve that she anointed the sick with oil. Therefore this sacrament can be conferred even by lay people. + </p> + <p id="XP_Q31_A1-p4"> + <b>On the contrary,</b> Remission of sins is given in this sacrament. But laymen have not the power to forgive sins. Therefore, etc. + </p> + <p id="XP_Q31_A1-p5"> + <b>I answer that,</b> According to Dionysius (Eccl. Hier. v) there are some who exercise hierarchical actions, and some who are recipients only. + Hence laymen are officially incompetent to dispense any sacrament: and that they can baptize in cases of necessity, is due + to the Divine dispensation, in order that no one may be deprived of spiritual regeneration. + </p> + <p id="XP_Q31_A1-p6"> + <b>Reply to Objection 1:</b> This prayer is not said by the priest in his own person, for since sometimes he is in sin, he would not in that case be heard. + But it is said in the person of the whole Church, in whose person he can pray as a public official, whereas a layman cannot, + for he is a private individual. + </p> + <p id="XP_Q31_A1-p7"> + <b>Reply to Objection 2:</b> These unctions were not sacramental. It was due to the devotion of the recipients of the unction, and to the merits of those + who anointed them that they procured the effects of bodily health, through the "grace of healing" ( + <a class="scripRef" id="XP_Q31_A1-p7.1" href="./asv.html#iCor.12.9" target="asv">1 Cor. 12:9</a>) but not through sacramental grace. + </p> + <p id="XP_Q31_A1-p8"></p> + <p id="XP_Q31_A1-p9"></p> + <a href="summa.XP_Q31.html"></a> + <a href="summa.XP_Q31_A2.html"></a> + </div> + <div id="XP_Q31_A2" class="div4"> + <a href="summa.XP_Q31_A1.html"></a> + <a href="summa.XP_Q31_A3.html"></a> + <h4 id="XP_Q31_A2-p0.1">Whether deacons can confer this sacrament?</h4> + <p id="XP_Q31_A2-p1"></p> + <p id="XP_Q31_A2-p2"> + <b>Objection 1:</b> It would seem that deacons can confer this sacrament. For, according to Dionysius (Eccl. Hier. v) "deacons have the power + to cleanse." Now this sacrament was instituted precisely to cleanse from sickness of the mind and body. Therefore deacons + also can confer it. + </p> + <p id="XP_Q31_A2-p3"> + <b>Objection 2:</b> Further, Baptism is a more excellent sacrament than the one of which we are speaking. But deacons can baptize, as instanced + by the Blessed Laurence. Therefore they can confer this sacrament also. + </p> + <p id="XP_Q31_A2-p4"> + <b>On the contrary,</b> It is written ( + <a class="scripRef" id="XP_Q31_A2-p4.1" href="./asv.html#Jas.5.14" target="asv">James 5:14</a>): "Let him bring in the priests of the Church." + </p> + <p id="XP_Q31_A2-p5"> + <b>I answer that,</b> A deacon has the power to cleanse but not to enlighten. Hence, since enlightenment is an effect of grace, no sacrament whereby + grace is conferred can be given by a deacon in virtue of his office: and so he cannot confer this sacrament, since grace is + bestowed therein. + </p> + <p id="XP_Q31_A2-p6"> + <b>Reply to Objection 1:</b> This sacrament cleanses by enlightening through the bestowal of grace: wherefore a deacon is not competent to confer it. + </p> + <p id="XP_Q31_A2-p7"> + <b>Reply to Objection 2:</b> This is not a necessary sacrament, as Baptism is. Hence its bestowal is not committed to all in cases of necessity, but only + to those who are competent to do so in virtue of their office. Nor are deacons competent to baptize in virtue of their office. + </p> + <p id="XP_Q31_A2-p8"></p> + <p id="XP_Q31_A2-p9"></p> + <p id="XP_Q31_A2-p10"></p> + <a href="summa.XP_Q31_A1.html"></a> + <a href="summa.XP_Q31_A3.html"></a> + </div> + <div id="XP_Q31_A3" class="div4"> + <a href="summa.XP_Q31_A2.html"></a> + <a href="summa.XP_Q32.html"></a> + <h4 id="XP_Q31_A3-p0.1">Whether none but a bishop can confer this sacrament?</h4> + <p id="XP_Q31_A3-p1"></p> + <p id="XP_Q31_A3-p2"> + <b>Objection 1:</b> It would seem that none but a bishop can confer this sacrament. For this sacrament consists in an anointing, just as Confirmation + does. Now none but a bishop can confirm. Therefore only a bishop can confer this sacrament. + </p> + <p id="XP_Q31_A3-p3"> + <b>Objection 2:</b> Further, he who cannot do what is less cannot do what is greater. Now the use of consecrated matter surpasses the act of + consecrating the matter, since the former is the end of the latter. Therefore since a priest cannot consecrate the matter, + neither can he use the matter after it has been consecrated. + </p> + <p id="XP_Q31_A3-p4"> + <b>On the contrary,</b> The minister of this sacrament has to be brought in to the recipient, as is clear from + <a class="scripRef" id="XP_Q31_A3-p4.1" href="./asv.html#Jas.5.14" target="asv"> James 5:14.</a> Now a bishop cannot go to all the sick people of his diocese. Therefore the bishop is not the only one who can confer this + sacrament. + </p> + <p id="XP_Q31_A3-p5"> + <b>I answer that,</b> According to Dionysius (Eccl. Hier. v), the office of perfecting belongs to a bishop, just as it belongs to a priest to enlighten. + Wherefore those sacraments are reserved to a bishop's dispensation, which place the recipient in a state of perfection above + others. But this is not the case with this sacrament, for it is given to all. Consequently it can be given by ordinary priests. + </p> + <p id="XP_Q31_A3-p6"> + <b>Reply to Objection 1:</b> Confirmation imprints a character, whereby man is placed in a state of perfection, as stated above ( + <a id="XP_Q31_A3-p6.1" shape="rect" href="summa.TP_Q63_A1.html">TP, Q[63], AA[1]</a>, 2,6). But this does not take place in this sacrament; hence there is no comparison. + </p> + <p id="XP_Q31_A3-p7"> + <b>Reply to Objection 2:</b> Although the use of consecrated matter is of more importance than the consecration of the matter, from the point of view + of the final cause; nevertheless, from the point of view of efficient cause, the consecration of the matter is the more important, + since the use of the matter is dependent thereon, as on its active cause: hence the consecration of the matter demands a higher + power than the use of the matter does. + </p> + <p id="XP_Q31_A3-p8"></p> + <p id="XP_Q31_A3-p9"></p> + <a href="summa.XP_Q31_A2.html"></a> + <a href="summa.XP_Q32.html"></a> + </div> + <a href="summa.XP_Q30_A3.html"></a> + <a href="summa.XP_Q31_A1.html"></a> + </div> + <div id="XP_Q32" class="div3"> + <a href="summa.XP_Q31_A3.html"></a> + <a href="summa.XP_Q32_A1.html"></a> + <h3 id="XP_Q32-p0.1">ON WHOM SHOULD THIS SACRAMENT BE CONFERRED AND ON WHAT PART OF THE BODY? (SEVEN ARTICLES)</h3> + <p id="XP_Q32-p1"></p> + <p id="XP_Q32-p2"> We must now consider on whom this sacrament should be conferred and on what part of the body: under which head there are + seven points of inquiry: + </p> + <p id="XP_Q32-p3"> (1) Whether this sacrament should be conferred on those who are in good health?</p> + <p id="XP_Q32-p4"> (2) Whether it should be conferred in any kind of sickness?</p> + <p id="XP_Q32-p5"> (3) Whether it should be conferred on madmen and imbeciles?</p> + <p id="XP_Q32-p6"> (4) Whether it should be given to children?</p> + <p id="XP_Q32-p7"> (5) Whether, in this sacrament, the whole body should be anointed?</p> + <p id="XP_Q32-p8"> (6) Whether certain parts are suitably assigned to be anointed?</p> + <p id="XP_Q32-p9"> (7) Whether those who are deformed in the above parts ought to be anointed thereon?</p> + <div id="XP_Q32_A1" class="div4"> + <a href="summa.XP_Q32.html"></a> + <a href="summa.XP_Q32_A2.html"></a> + <h4 id="XP_Q32_A1-p0.1">Whether this sacrament ought to be conferred on those who are in good health?</h4> + <p id="XP_Q32_A1-p1"></p> + <p id="XP_Q32_A1-p2"> + <b>Objection 1:</b> It would seem that this sacrament should be conferred even on those who are in good health. For the healing of the mind is + a more important effect of this sacrament than the healing of the body, as stated above ( + <a id="XP_Q32_A1-p2.1" shape="rect" href="summa.XP_Q30_A2.html">Q[30], A[2]</a>). Now even those who are healthy in body need to be healed in mind. Therefore this sacrament should be conferred on them + also. + </p> + <p id="XP_Q32_A1-p3"> + <b>Objection 2:</b> Further, this is the sacrament of those who are departing this life, just as Baptism is the sacrament of those who are entering + this life. Now Baptism is given to all who enter. Therefore this sacrament should be given to all who are departing. But sometimes + those who are near departure are in good health, for instance those who are to be beheaded. Therefore this sacrament should + be conferred on them. + </p> + <p id="XP_Q32_A1-p4"> + <b>On the contrary,</b> It is written ( + <a class="scripRef" id="XP_Q32_A1-p4.1" href="./asv.html#Jas.5.14" target="asv">James 5:14</a>): "Is any man sick among you," etc. Therefore none but the sick are competent to receive this sacrament. + </p> + <p id="XP_Q32_A1-p5"> + <b>I answer that,</b> This sacrament is a spiritual healing, as stated above ( + <a id="XP_Q32_A1-p5.1" shape="rect" href="summa.XP_Q30_A1.html">Q[30], AA[1]</a>,2), and is signified by way of a healing of the body. Hence this sacrament should not be conferred on those who are not subjects + for bodily healing, those namely, who are in good health. + </p> + <p id="XP_Q32_A1-p6"> + <b>Reply to Objection 1:</b> Although spiritual health is the principal effect of this sacrament, yet this same spiritual healing needs to be signified + by a healing of the body, although bodily health may not actually ensue. Consequently spiritual health can be conferred by + this sacrament on those alone who are competent to receive bodily healing, viz. the sick; even as he alone can receive Baptism + who is capable of a bodily washing, and not a child yet in its mother's womb. + </p> + <p id="XP_Q32_A1-p7"> + <b>Reply to Objection 2:</b> Even those who are entering into life cannot receive Baptism unless they are capable of a bodily washing. And so those who + are departing this life cannot receive this sacrament, unless they be subjects for a bodily healing. + </p> + <p id="XP_Q32_A1-p8"></p> + <p id="XP_Q32_A1-p9"></p> + <a href="summa.XP_Q32.html"></a> + <a href="summa.XP_Q32_A2.html"></a> + </div> + <div id="XP_Q32_A2" class="div4"> + <a href="summa.XP_Q32_A1.html"></a> + <a href="summa.XP_Q32_A3.html"></a> + <h4 id="XP_Q32_A2-p0.1">Whether this sacrament ought to be given in any kind of sickness?</h4> + <p id="XP_Q32_A2-p1"></p> + <p id="XP_Q32_A2-p2"> + <b>Objection 1:</b> It would seem that this sacrament should be given in any kind of sickness. For no kind of sickness is determined in the fifth + chapter of James where this sacrament is delivered to us. Therefore this sacrament should be given in all kinds of sickness. + </p> + <p id="XP_Q32_A2-p3"> + <b>Objection 2:</b> Further, the more excellent a remedy is, the more generally should it be available. Now this sacrament is more excellent + than bodily medicine. Since then bodily medicine is given to all manner of sick persons, it seems that this sacrament should + be given in like manner to all. + </p> + <p id="XP_Q32_A2-p4"> + <b>On the contrary,</b> This sacrament is called by all Extreme Unction. Now it is not every sickness that brings man to the extremity of his life, + since some ailments prolong life, according to the Philosopher (De Long. et Brev. Vitae i). Therefore this sacrament should + not be given in every case of sickness. + </p> + <p id="XP_Q32_A2-p5"> + <b>I answer that,</b> This sacrament is the last remedy that the Church can give, since it is an immediate preparation for glory. Therefore it + ought to be given to those only, who are so sick as to be in a state of departure from this life, through their sickness being + of such a nature as to cause death, the danger of which is to be feared. + </p> + <p id="XP_Q32_A2-p6"> + <b>Reply to Objection 1:</b> Any sickness can cause death, if it be aggravated. Hence if we consider the different kinds of disease, there is none in + which this sacrament cannot be given; and for this reason the apostle does not determine any particular one. But if we consider + the degree and the stage of the complaint, this sacrament should not be given to every sick person. + </p> + <p id="XP_Q32_A2-p7"> + <b>Reply to Objection 2:</b> The principal effect of bodily medicine is bodily health, which all sick people lack, whatever be the stage of their sickness. + But the principal effect of this sacrament is that immunity from disorder which is needed by those who are taking their departure + from this life and setting out for the life of glory. Hence the comparison fails. + </p> + <p id="XP_Q32_A2-p8"></p> + <p id="XP_Q32_A2-p9"></p> + <a href="summa.XP_Q32_A1.html"></a> + <a href="summa.XP_Q32_A3.html"></a> + </div> + <div id="XP_Q32_A3" class="div4"> + <a href="summa.XP_Q32_A2.html"></a> + <a href="summa.XP_Q32_A4.html"></a> + <h4 id="XP_Q32_A3-p0.1">Whether this sacrament ought to be given to madmen and imbeciles?</h4> + <p id="XP_Q32_A3-p1"></p> + <p id="XP_Q32_A3-p2"> + <b>Objection 1:</b> It would seem that this sacrament should be given to madmen and imbeciles. For these diseases are full of danger and cause + death quickly. Now when there is danger it is the time to apply the remedy. Therefore this sacrament, which was intended as + a remedy to human weakness, should be given to such people. + </p> + <p id="XP_Q32_A3-p3"> + <b>Objection 2:</b> Further, Baptism is a greater sacrament than this. Now Baptism is conferred on mad people as stated above ( + <a id="XP_Q32_A3-p3.1" shape="rect" href="summa.TP_Q68_A12.html">TP, Q[68], A[12]</a>). Therefore this sacrament also should be given to them. + </p> + <p id="XP_Q32_A3-p4"> + <b>On the contrary,</b> This sacrament should be given to none but such as acknowledge it. Now this does not apply to madmen and imbeciles. Therefore + it should not be given to them. + </p> + <p id="XP_Q32_A3-p5"> + <b>I answer that,</b> The devotion of the recipient, the personal merit of the minister, and the general merits of the whole Church, are of great + account towards the reception of the effect of this sacrament. This is evident from the fact that the form of this sacrament + is pronounced by way of a prayer. Hence it should not be given those who cannot acknowledge it, and especially to madmen and + imbeciles, who might dishonor the sacrament by their offensive conduct, unless they have + lucid intervals, when they would be capable of acknowledging the sacrament, for then the sacrament should be given to children + the same in that state. + </p> + <p id="XP_Q32_A3-p6"> + <b>Reply to Objection 1:</b> Although such people are sometimes in danger of death; yet the remedy cannot be applied to them, on account of their lack + of devotion. Hence it should not be given to them. + </p> + <p id="XP_Q32_A3-p7"> + <b>Reply to Objection 2:</b> Baptism does not require a movement of the free-will, because it is given chiefly as a remedy for original sin, which, in + us, is not taken away by a movement of the free-will. On the other hand this sacrament requires a movement of the free-will; + wherefore the comparison fails. Moreover Baptism is a necessary sacrament, while Extreme Unction is not. + </p> + <p id="XP_Q32_A3-p8"></p> + <p id="XP_Q32_A3-p9"></p> + <a href="summa.XP_Q32_A2.html"></a> + <a href="summa.XP_Q32_A4.html"></a> + </div> + <div id="XP_Q32_A4" class="div4"> + <a href="summa.XP_Q32_A3.html"></a> + <a href="summa.XP_Q32_A5.html"></a> + <h4 id="XP_Q32_A4-p0.1">Whether this sacrament should be given to children?</h4> + <p id="XP_Q32_A4-p1"></p> + <p id="XP_Q32_A4-p2"> + <b>Objection 1:</b> It would seem that this sacrament ought to be given to children. Because children suffer from the same ailments sometimes + as adults. Now the same disease requires the same remedy. Therefore this sacrament should be given to children the same as + to adults. + </p> + <p id="XP_Q32_A4-p3"> + <b>Objection 2:</b> Further, this sacrament is given in order to remove the remnants of sin, whether original or actual, as stated above ( + <a id="XP_Q32_A4-p3.1" shape="rect" href="summa.XP_Q30_A1.html">Q[30], A[1]</a>). Now the remnants of original sin are in children. Therefore this sacrament should be given to them. + </p> + <p id="XP_Q32_A4-p4"> + <b>On the contrary,</b> This sacrament should be given to none but those to whom the form applies. But the form of this sacrament does not apply + to children, since they have not sinned by sight and hearing; as expressed in the form. Therefore this sacrament should not + be given to them. + </p> + <p id="XP_Q32_A4-p5"> + <b>I answer that,</b> This sacrament, like the Eucharist, requires actual devotion in the recipient. Therefore, just as the Eucharist ought not + to be given to children, so neither ought this sacrament to be given to them. + </p> + <p id="XP_Q32_A4-p6"> + <b>Reply to Objection 1:</b> Children's infirmities are not caused by actual sin, as in adults, and this sacrament is given chiefly as a remedy for infirmities + that result from sins, being the remnants of sin, as it were. + </p> + <p id="XP_Q32_A4-p7"> + <b>Reply to Objection 2:</b> This sacrament is not given as a remedy for the remnants of original sin, except in so far as they gather strength, so to + speak, from actual sins. Hence from the very form it appears that it is given chiefly as a remedy for actual sins, which are + not in children. + </p> + <p id="XP_Q32_A4-p8"></p> + <p id="XP_Q32_A4-p9"></p> + <p id="XP_Q32_A4-p10"></p> + <a href="summa.XP_Q32_A3.html"></a> + <a href="summa.XP_Q32_A5.html"></a> + </div> + <div id="XP_Q32_A5" class="div4"> + <a href="summa.XP_Q32_A4.html"></a> + <a href="summa.XP_Q32_A6.html"></a> + <h4 id="XP_Q32_A5-p0.1">Whether the whole body should be anointed in this sacrament?</h4> + <p id="XP_Q32_A5-p1"></p> + <p id="XP_Q32_A5-p2"> + <b>Objection 1:</b> It would seem that the whole body should be anointed in this sacrament. For, according to Augustine (De Trin. vi, 6), "the + whole soul is in every part of the body." Now this sacrament is given chiefly in order to heal the soul. Therefore the whole + body ought to be anointed. + </p> + <p id="XP_Q32_A5-p3"> + <b>Objection 2:</b> Further, the remedy should be applied to the part affected by the disease. But sometimes the disease is general, and affects + the whole body, as a fever does. Therefore the whole body should be anointed. + </p> + <p id="XP_Q32_A5-p4"> + <b>Objection 3:</b> Further, in Baptism the whole body is dipped under the water. Therefore in this sacrament the whole body should be anointed. + </p> + <p id="XP_Q32_A5-p5"> + <b>On the contrary,</b> stands the rite observed throughout the Church, according to which in this sacrament the sick man is anointed, only in certain + fixed parts of the body. + </p> + <p id="XP_Q32_A5-p6"> + <b>I answer that,</b> This sacrament is shown to us under the form of a healing. Now bodily healing has to be effected, by applying the remedy, + not to the whole body, but to those parts where the root of the disease is seated. Consequently the sacramental unction also + ought to be applied to those parts only in which the spiritual sickness is rooted. + </p> + <p id="XP_Q32_A5-p7"> + <b>Reply to Objection 1:</b> Although the whole soul is, as to its essence, in each part of the body, it is not as to its powers which are the roots of + sinful acts. Hence certain fixed parts have to be anointed, those, namely, in which powers have their being. + </p> + <p id="XP_Q32_A5-p8"> + <b>Reply to Objection 2:</b> The remedy is not always applied to the part affected by the disease, but, with greater reason, to the part where the root + of the disease is seated. + </p> + <p id="XP_Q32_A5-p9"> + <b>Reply to Objection 3:</b> Baptism is given under the form of washing: and a bodily washing cleanses only the part to which it is applied; for this + reason Baptism is applied to the whole body. It is different with Extreme Unction for the reason given above. + </p> + <p id="XP_Q32_A5-p10"></p> + <p id="XP_Q32_A5-p11"></p> + <a href="summa.XP_Q32_A4.html"></a> + <a href="summa.XP_Q32_A6.html"></a> + </div> + <div id="XP_Q32_A6" class="div4"> + <a href="summa.XP_Q32_A5.html"></a> + <a href="summa.XP_Q32_A7.html"></a> + <h4 id="XP_Q32_A6-p0.1">Whether the parts to be anointed are suitably assigned?</h4> + <p id="XP_Q32_A6-p1"></p> + <p id="XP_Q32_A6-p2"> + <b>Objection 1:</b> It would seem that these parts are unsuitably assigned, namely, that the eyes, nose, ears, lips, hands, and feet should be + anointed. For a wise physician heals the disease in its root. Now "from the heart come forth thoughts . . . that defile a + man" ( + <a class="scripRef" id="XP_Q32_A6-p2.1" href="./asv.html#Matt.15.19" target="asv">Mat. 15:19,20</a>). Therefore the breast ought to be anointed. + </p> + <p id="XP_Q32_A6-p3"> + <b>Objection 2:</b> Further, purity of mind is not less necessary to those who are departing this life than to those who are entering therein. + Now those who are entering are anointed with chrism on the head by the priest, to signify purity of mind. Therefore in this + sacrament those who are departing should be anointed on the head. + </p> + <p id="XP_Q32_A6-p4"> + <b>Objection 3:</b> Further, the remedy should be applied where the disease is most virulent. Now spiritual sickness is most virulent in the + loins in men, and in the navel in women, according to + <a class="scripRef" id="XP_Q32_A6-p4.1" href="./asv.html#Job.40.11" target="asv"> Job 40:11</a>: "His strength is in his loins, and his force in the navel of his belly," as Gregory expounds the passage (Moral. xxxii, + 11). Therefore these parts should be anointed. + </p> + <p id="XP_Q32_A6-p5"> + <b>Objection 4:</b> Further, sins are committed with other parts of the body, no less than with the feet. Therefore, as the feet are anointed, + so ought other members of the body to be anointed. + </p> + <p id="XP_Q32_A6-p6"> + <b>I answer that,</b> The principles of sinning are the same in us as the principles of action, for a sin is an act. Now there are in us three + principles of action; the first is the directing principle, namely, the cognitive power; the second is the commanding principle, + namely, the appetitive power; the third is the executive principle, namely, the motive power. + </p> + <p id="XP_Q32_A6-p7"> Now all our knowledge has its origin in the senses. And, since the remedy for sin should be applied where sin originates + in us first, for that reason the places of the five senses are anointed. the eyes, to wit, on account of the sight, the ears + on account of hearing, the nostrils on account of the smell, the mouth on account of the taste, the hands on account of the + touch which is keenest in the finger tips, (in some places too the loins are anointed on account of the + appetite), and the feet are anointed on account of the motive power of which they are the chief instrument. And since the + cognitive power is the first principle of human activity, the anointing of the five senses is observed by all, as being essential + to the sacrament. But some do not observe the other unctions---some also anoint the feet but not the loins---because the appetitive + and motive powers are secondary principles. + </p> + <p id="XP_Q32_A6-p8"> + <b>Reply to Objection 1:</b> No thought arises in the heart without an act of the imagination which is a movement proceeding from sensation (De Anima + ii). Hence the primary root of thought is not the heart, but the sensory organs, except in so far as the heart is a principle + of the whole body, albeit a remote principle. + </p> + <p id="XP_Q32_A6-p9"> + <b>Reply to Objection 2:</b> Those who enter have to receive purity of the mind, whereas those who are departing have to cleanse the mind. Hence the latter + need to be anointed in those parts in respect of which the mind's purity may be sullied. + </p> + <p id="XP_Q32_A6-p10"> + <b>Reply to Objection 3:</b> Some are wont to anoint the loins, because they are the chief seat of the concupiscible appetite: however, as stated above, + the appetitive power is not the primary root. + </p> + <p id="XP_Q32_A6-p11"> + <b>Reply to Objection 4:</b> The bodily organs which are the instruments of sin, are the feet, hands, and tongue, all of which are anointed, and the organs + of generation which it would be unbecoming to anoint, on account of their uncleanliness, and out of respect for the sacrament. + </p> + <p id="XP_Q32_A6-p12"></p> + <p id="XP_Q32_A6-p13"></p> + <a href="summa.XP_Q32_A5.html"></a> + <a href="summa.XP_Q32_A7.html"></a> + </div> + <div id="XP_Q32_A7" class="div4"> + <a href="summa.XP_Q32_A6.html"></a> + <a href="summa.XP_Q33.html"></a> + <h4 id="XP_Q32_A7-p0.1">Whether those who are deformed in those parts should be anointed?</h4> + <p id="XP_Q32_A7-p1"></p> + <p id="XP_Q32_A7-p2"> + <b>Objection 1:</b> It would seem that those who are deformed should not be anointed in those parts. For just as this sacrament demands a certain + disposition on the part of the recipient, viz. that he should be sick, so it demands that he should be anointed in a certain + part of the body. Now he that is not sick cannot be anointed. Therefore neither can he be anointed who lacks the part to be + anointed. + </p> + <p id="XP_Q32_A7-p3"> + <b>Objection 2:</b> Further, a man born blind does not sin by his sight. Yet in the anointing of the eyes mention is made of sins by sight. Therefore + this anointing ought not to be applied to one born blind, and in like manner as regards the other senses. + </p> + <p id="XP_Q32_A7-p4"> + <b>On the contrary,</b> Bodily deformity is not an impediment to any other sacrament. Therefore it should not be an impediment to this one. Now each + of the anointings is essential to the sacrament. Therefore all should be applied to those who are deformed. + </p> + <p id="XP_Q32_A7-p5"> + <b>I answer that,</b> Even those who are deformed should be anointed, and that as near as possible to the part which ought to have been anointed. + For though they have not the members, nevertheless, they have, at least radically, the powers of the soul, corresponding to + those members, and they may commit inwardly the sins that pertain to those members, though they cannot outwardly. + </p> + <p id="XP_Q32_A7-p6"> This suffices for the Replies to the Objections.</p> + <p id="XP_Q32_A7-p7"></p> + <p id="XP_Q32_A7-p8"></p> + <a href="summa.XP_Q32_A6.html"></a> + <a href="summa.XP_Q33.html"></a> + </div> + <a href="summa.XP_Q31_A3.html"></a> + <a href="summa.XP_Q32_A1.html"></a> + </div> + <div id="XP_Q33" class="div3"> + <a href="summa.XP_Q32_A7.html"></a> + <a href="summa.XP_Q33_A1.html"></a> + <h3 id="XP_Q33-p0.1">OF THE REPETITION OF THIS SACRAMENT (TWO ARTICLES)</h3> + <p id="XP_Q33-p1"></p> + <p id="XP_Q33-p2"> We must now consider the repetition of this sacrament: under which head there are two points of inquiry:</p> + <p id="XP_Q33-p3"> (1) Whether this sacrament ought to be repeated?</p> + <p id="XP_Q33-p4"> (2) Whether it ought to be repeated during the same sickness?</p> + <div id="XP_Q33_A1" class="div4"> + <a href="summa.XP_Q33.html"></a> + <a href="summa.XP_Q33_A2.html"></a> + <h4 id="XP_Q33_A1-p0.1">Whether this sacrament ought to be repeated?</h4> + <p id="XP_Q33_A1-p1"></p> + <p id="XP_Q33_A1-p2"> + <b>Objection 1:</b> It would seem that this sacrament ought not to be repeated. For the anointing of a man is of greater import than the anointing + of a stone. But the anointing of an altar is not repeated, unless the altar be shattered. Neither, therefore, should Extreme + Unction, whereby a man is anointed, be repeated. + </p> + <p id="XP_Q33_A1-p3"> + <b>Objection 2:</b> Further, nothing comes after what is extreme. But this unction is called extreme. Therefore it should not be repeated. + </p> + <p id="XP_Q33_A1-p4"> + <b>On the contrary,</b> This sacrament is a spiritual healing applied under the form of a bodily cure. But a bodily cure is repeated. Therefore this + sacrament also can be repeated. + </p> + <p id="XP_Q33_A1-p5"> + <b>I answer that,</b> No sacramental or sacrament, having an effect that lasts for ever, can be repeated, because this would imply that the sacrament + had failed to produce that effect; and this would be derogatory to the sacrament. On the other hand a sacrament whose effect + does not last for ever, can be repeated without disparaging that sacrament, in order that the lost effect may be recovered. + And since health of body and soul, which is the effect of this sacrament, can be lost + after it has been effected, it follows that this sacrament can, without disparagement thereto, be repeated. + </p> + <p id="XP_Q33_A1-p6"> + <b>Reply to Objection 1:</b> The stone is anointed in order that the altar may be consecrated, and the stone remains consecrated, as long as the altar + remains, hence it cannot be anointed again. But a man is not consecrated by being anointed, since it does not imprint a character + on him. Hence there is no comparison. + </p> + <p id="XP_Q33_A1-p7"> + <b>Reply to Objection 2:</b> What men think to be extreme is not always extreme in reality. It is thus that this sacrament is called Extreme Unction, + because it ought not to be given save to those whose death men think to be nigh. + </p> + <p id="XP_Q33_A1-p8"></p> + <p id="XP_Q33_A1-p9"></p> + <a href="summa.XP_Q33.html"></a> + <a href="summa.XP_Q33_A2.html"></a> + </div> + <div id="XP_Q33_A2" class="div4"> + <a href="summa.XP_Q33_A1.html"></a> + <a href="summa.XP_Q34.html"></a> + <h4 id="XP_Q33_A2-p0.1">Whether this sacrament ought to be repeated during the same sickness?</h4> + <p id="XP_Q33_A2-p1"></p> + <p id="XP_Q33_A2-p2"> + <b>Objection 1:</b> It would seem that this sacrament ought not to be repeated during the same sickness. For one disease demands one remedy. + Now this sacrament is a spiritual remedy. Therefore it ought not to be repeated for one sickness. + </p> + <p id="XP_Q33_A2-p3"> + <b>Objection 2:</b> Further, if a sick man could be anointed more than once during one disease, this might be done for a whole day: which is + absurd. + </p> + <p id="XP_Q33_A2-p4"> + <b>On the contrary,</b> Sometimes a disease lasts long after the sacrament has been received, so that the remnants of sin, against which chiefly + this sacrament is given, would be contracted. Therefore it ought to be given again. + </p> + <p id="XP_Q33_A2-p5"> + <b>I answer that,</b> This sacrament regards not only the sickness, but also the state of the sick man, because it ought not to be given except + to those sick people who seem, in man's estimation, to be nigh to death. Now some diseases do not last long; so that if this + sacrament is given at the time that the sick man is in a state of danger of death, he does not leave that state except the + disease be cured, and thus he needs not to be anointed again. But if he has a relapse, it + will be a second sickness, and he can be anointed again. on the other hand some diseases are of long duration, as hectic fever, + dropsy and the like, and those who lie sick of them should not be anointed until they seem to be in danger of death. And if + the sick man escape that danger while the disease continues, and be brought again thereby to the same state of danger, he + can be anointed again, because it is, as it were, another state of sickness, although strictly speaking, it is not another + sickness. This suffices for the Replies to the Objections. + </p> + <p id="XP_Q33_A2-p6"></p> + <p id="XP_Q33_A2-p7"></p> + <a href="summa.XP_Q33_A1.html"></a> + <a href="summa.XP_Q34.html"></a> + </div> + <a href="summa.XP_Q32_A7.html"></a> + <a href="summa.XP_Q33_A1.html"></a> + </div> + <div id="XP_Q34" class="div3"> + <a href="summa.XP_Q33_A2.html"></a> + <a href="summa.XP_Q34_A1.html"></a> + <h3 id="XP_Q34-p0.1">HOLY ORDERS (QQ[34]-40)</h3> + <p id="XP_Q34-p1"></p> + <p id="XP_Q34-p2">OF THE SACRAMENT OF ORDER AS TO ITS ESSENCE AND ITS PARTS (FIVE ARTICLES)</p> + <p id="XP_Q34-p3"> In the next place we must consider the sacrament of Order: (1) Order in general; (2) the difference of Orders; (3) those + who confer Orders; (4) the impediments to receiving Orders; (5) things connected with Orders. + </p> + <p id="XP_Q34-p4"> Concerning Order in general three points have to be considered: (1) Its essence, quiddity, and parts; (2) Its effect; (3) + The recipients of Orders. + </p> + <p id="XP_Q34-p5"> Under the first head there are five points of inquiry:</p> + <p id="XP_Q34-p6"> (1) Whether there should be Order in the Church?</p> + <p id="XP_Q34-p7"> (2) Whether it is fittingly defined?</p> + <p id="XP_Q34-p8"> (3) Whether it is a sacrament?</p> + <p id="XP_Q34-p9"> (4) Whether its form is expressed properly?</p> + <p id="XP_Q34-p10"> (5) Whether this sacrament has any matter?</p> + <div id="XP_Q34_A1" class="div4"> + <a href="summa.XP_Q34.html"></a> + <a href="summa.XP_Q34_A2.html"></a> + <h4 id="XP_Q34_A1-p0.1">Whether there should be Order in the Church?</h4> + <p id="XP_Q34_A1-p1"></p> + <p id="XP_Q34_A1-p2"> + <b>Objection 1:</b> It would seem that there should not be Order in the Church. For Order requires subjection and preeminence. But subjection + seemingly is incompatible with the liberty whereunto we are called by Christ. Therefore there should not be Order in the Church. + </p> + <p id="XP_Q34_A1-p3"> + <b>Objection 2:</b> Further, he who has received an Order becomes another's superior. But in the Church everyone should deem himself lower than + another ( + <a class="scripRef" id="XP_Q34_A1-p3.1" href="./asv.html#Phil.2.3" target="asv">Phil. 2:3</a>): "Let each esteem others better than themselves." Therefore Order should not be in the Church. + </p> + <p id="XP_Q34_A1-p4"> + <b>Objection 3:</b> Further, we find order among the angels on account of their differing in natural and gratuitous gifts. But all men are one + in nature, and it is not known who has the higher gifts of grace. Therefore Order should not be in the Church. + </p> + <p id="XP_Q34_A1-p5"> + <b>On the contrary,</b> "Those things that are of God, are in order [*Vulg: 'Those (powers) that are, are ordained of God.']." Now the Church is + of God, for He Himself built it with His blood. Therefore there ought to be Order in the Church. + </p> + <p id="XP_Q34_A1-p6"> Further, the state of the Church is between the state of nature and the state of glory. Now we find order in nature, in that + some things are above others, and likewise in glory, as in the angels. Therefore there should be Order in the Church. + </p> + <p id="XP_Q34_A1-p7"> + <b>I answer that,</b> God wished to produce His works in likeness to Himself, as far as possible, in order that they might be perfect, and that + He might be known through them. Hence, that He might be portrayed in His works, not only according to what He is in Himself, + but also according as He acts on others, He laid this natural law on all things, that last things should be reduced and perfected + by middle things, and middle things by the first, as Dionysius says (Eccl. Hier. v). + Wherefore that this beauty might not be lacking to the Church, He established Order in her so that some should deliver the + sacraments to others, being thus made like to God in their own way, as co-operating with God; even as in the natural body, + some members act on others. + </p> + <p id="XP_Q34_A1-p8"> + <b>Reply to Objection 1:</b> The subjection of slavery is incompatible with liberty; for slavery consists in lording over others and employing them for + one's own profit. Such subjection is not required in Order, whereby those who preside have to seek the salvation of their + subjects and not their own profit. + </p> + <p id="XP_Q34_A1-p9"> + <b>Reply to Objection 2:</b> Each one should esteem himself lower in merit, not in office; and orders are a kind of office. + </p> + <p id="XP_Q34_A1-p10"> + <b>Reply to Objection 3:</b> Order among the angels does not arise from difference of nature, unless accidentally, in so far as difference of grace results + in them from difference of nature. But in them it results directly from their difference in grace; because their orders regard + their participation of divine things, and their communicating them in the state of glory, which is according to the measure + of grace, as being the end and effect, so to speak, of grace. on the other + hand, the Orders of the Church militant regard the participation in the sacraments and the communication thereof, which are + the cause of grace and, in a way, precede grace; and consequently our Orders do not require sanctifying grace, but only the + power to dispense the sacraments; for which reason order does not correspond to the difference of sanctifying grace, but to + the difference of power. + </p> + <p id="XP_Q34_A1-p11"></p> + <p id="XP_Q34_A1-p12"></p> + <a href="summa.XP_Q34.html"></a> + <a href="summa.XP_Q34_A2.html"></a> + </div> + <div id="XP_Q34_A2" class="div4"> + <a href="summa.XP_Q34_A1.html"></a> + <a href="summa.XP_Q34_A3.html"></a> + <h4 id="XP_Q34_A2-p0.1">Whether Order is properly defined?</h4> + <p id="XP_Q34_A2-p1"></p> + <p id="XP_Q34_A2-p2"> + <b>Objection 1:</b> It would seem that order is improperly defined by the Master (Sent. iv, D, 53), where it is said "Order is a seal of the + Church, whereby spiritual power is conferred on the person ordained." For a part should not be described as the genus of the + whole. Now the character which is denoted by the seal in a subsequent definition is a part of order, since it is placed in + contradistinction with that which is either reality only, or sacrament only, since it is both + reality and sacrament. Therefore seal should not be mentioned as the genus of Order. + </p> + <p id="XP_Q34_A2-p3"> + <b>Objection 2:</b> Further, just as a character is imprinted in the sacrament of order, so is it in the sacrament of Baptism. Now character + was not mentioned in the definition of Baptism. Therefore neither should it be mentioned in the definition of Order. + </p> + <p id="XP_Q34_A2-p4"> + <b>Objection 3:</b> Further, in Baptism there is also given a certain spiritual power to approach the sacraments; and again it is a seal, since + it is a sacrament. Therefore this definition is applicable to Baptism; and consequently it is improperly applied to Order. + </p> + <p id="XP_Q34_A2-p5"> + <b>Objection 4:</b> Further, Order is a kind of relation, and relation is realized in both its terms. Now the terms of the relation of order + are the superior and the inferior. Therefore inferiors have order as well as superiors. Yet there is no power of preeminence + in them, such as is mentioned here in the definition of Order, as appears from the subsequent explanation (Sent. iv, D, 53), + where promotion to power is mentioned. Therefore Order is improperly defined there. + </p> + <p id="XP_Q34_A2-p6"> + <b>I answer that,</b> The Master's definition of Order applies to Order as a sacrament of the Church. Hence he mentions two things, namely the + outward sign, a "kind of seal," i.e. a kind of sign, and the inward effect, "whereby spiritual power," etc. + </p> + <p id="XP_Q34_A2-p7"> + <b>Reply to Objection 1:</b> Seal stands here, not for the inward character, but for the outward action, which is the sign and cause of inward power; + and this is also the sense of character in the other definition. If, however, it be taken for the inward character, the definition + would not be unsuitable; because the division of a sacrament into those three things is not a division into integral parts, + properly speaking; since what is reality only is not essential to the + sacrament, and that which is the sacrament is transitory; while that which is sacrament and reality is said to remain. Wherefore + it follows that inward character itself is essentially and principally the sacrament of Order. + </p> + <p id="XP_Q34_A2-p8"> + <b>Reply to Objection 2:</b> Although in Baptism there is conferred a spiritual power to receive the other sacraments, for which reason it imprints a + character, nevertheless this is not its principal effect, but the inward cleansing; wherefore Baptism would be given even + though the former motive did not exist. On the other hand, order denotes power principally. Wherefore the character which + is a spiritual power is included in the definition of Order, but not in that of + Baptism. + </p> + <p id="XP_Q34_A2-p9"> + <b>Reply to Objection 3:</b> In Baptism there is given a certain spiritual potentiality to receive, and consequently a somewhat passive potentiality. + But power properly denotes active potentiality, together with some kind of preeminence. Hence this definition is not applicable + to Baptism. + </p> + <p id="XP_Q34_A2-p10"> + <b>Reply to Objection 4:</b> The word "order" is used in two ways. For sometimes it denotes the relation itself, and thus it is both in the inferior and + in the superior, as the objection states; but it is not thus that we use the word here. On the other hand, it denotes the + degree which results in the order taken in the first sense. And since the notion of order as relation is observed where we + first meet with something higher than another, it follows that this degree of + pre-eminence by spiritual power is called Order. + </p> + <p id="XP_Q34_A2-p11"></p> + <p id="XP_Q34_A2-p12"></p> + <a href="summa.XP_Q34_A1.html"></a> + <a href="summa.XP_Q34_A3.html"></a> + </div> + <div id="XP_Q34_A3" class="div4"> + <a href="summa.XP_Q34_A2.html"></a> + <a href="summa.XP_Q34_A4.html"></a> + <h4 id="XP_Q34_A3-p0.1">Whether Order is a sacrament?</h4> + <p id="XP_Q34_A3-p1"></p> + <p id="XP_Q34_A3-p2"> + <b>Objection 1:</b> It would seem that Order is not a sacrament. For a sacrament, according to Hugh of St. Victor (De Sacram. i) "is a material + element." Now Order denotes nothing of the kind, but rather relation or power; since Order is a part of power according to + Isidore. Therefore it is not a sacrament. + </p> + <p id="XP_Q34_A3-p3"> + <b>Objection 2:</b> Further, the sacraments do not concern the Church triumphant. Yet Order is there, as in the angels. Therefore it is not a + sacrament. + </p> + <p id="XP_Q34_A3-p4"> + <b>Objection 3:</b> Further, just as spiritual authority, which is Order, is given by means of consecration, so is secular authority, since kings + also are anointed, as stated above ( + <a id="XP_Q34_A3-p4.1" shape="rect" href="summa.XP_Q19_A3.html">Q[19], A[3]</a>, ad 2). But the kingly power is not a sacrament. Therefore neither is order of which we speak now. + </p> + <p id="XP_Q34_A3-p5"> + <b>On the contrary,</b> It is mentioned by all among the seven sacraments of the Church. + </p> + <p id="XP_Q34_A3-p6"> Further, "the cause of a thing being such, is still more so." Now Order is the cause of man being the dispenser of the other + sacraments. Therefore Order has more reason for being a sacrament than the others. + </p> + <p id="XP_Q34_A3-p7"> + <b>I answer that,</b> As stated above (Q[29], A[1]; + <a id="XP_Q34_A3-p7.1" shape="rect" href="summa.TP_Q60.html">TP, Q[60])</a>, a sacrament is nothing else than a sanctification conferred on man with some outward sign. Wherefore, since by receiving + orders a consecration is conferred on man by visible signs, it is clear that Order is a sacrament. + </p> + <p id="XP_Q34_A3-p8"> + <b>Reply to Objection 1:</b> Although Order does not by its name express a material element, it is not conferred without some material element. + </p> + <p id="XP_Q34_A3-p9"> + <b>Reply to Objection 2:</b> Power must needs be proportionate to the purpose for which it is intended. Now the communication of divine things, which + is the purpose for which spiritual power is given, is not effected among the angels by means of sensible signs, as is the + case among men. Hence the spiritual power that is Order is not bestowed on the angels by visible signs, as on men. Wherefore + Order is a sacrament among men, but not among angels. + </p> + <p id="XP_Q34_A3-p10"> + <b>Reply to Objection 3:</b> Not every blessing or consecration given to men is a sacrament, for both monks and abbots are blessed, and yet such blessings + are not sacraments, and in like manner neither is the anointing of a king; because by such blessings men are not ordained + to the dispensing of the divine sacraments, as by the blessing of Order. Hence the comparison fails. + </p> + <p id="XP_Q34_A3-p11"></p> + <p id="XP_Q34_A3-p12"></p> + <p id="XP_Q34_A3-p13"></p> + <a href="summa.XP_Q34_A2.html"></a> + <a href="summa.XP_Q34_A4.html"></a> + </div> + <div id="XP_Q34_A4" class="div4"> + <a href="summa.XP_Q34_A3.html"></a> + <a href="summa.XP_Q34_A5.html"></a> + <h4 id="XP_Q34_A4-p0.1">Whether the form of this sacrament is suitably expressed?</h4> + <p id="XP_Q34_A4-p1"></p> + <p id="XP_Q34_A4-p2"> + <b>Objection 1:</b> It would seem that the form of this sacrament is unsuitably set forth in the text (Sent. iv, D, 24). Because the sacraments + take their efficacy from their form. Now the efficacy of the sacraments is from the divine power, which works our salvation + in them in a most hidden manner. Therefore the form of this sacrament should include a mention of the divine power by the + invocation of the Trinity, as in the other sacraments. + </p> + <p id="XP_Q34_A4-p3"> + <b>Objection 2:</b> Further, to command pertains to one who has authority. Now the dispenser of the sacrament exercises no authority, but only + ministry. Therefore he should not use the imperative mood by saying: "Do" or "Receive" this or that, or some similar expression. + </p> + <p id="XP_Q34_A4-p4"> + <b>Objection 3:</b> Further, mention should not be made in the sacramental form, except of such things as are essential to the sacrament. But + the use of the power received is not essential to this sacrament, but is consequent upon it. Therefore it should not be mentioned + in the form of this sacrament. + </p> + <p id="XP_Q34_A4-p5"> + <b>Objection 4:</b> Further, all the sacraments direct us to an eternal reward. But the forms of the other sacraments make no mention of a reward. + Therefore neither should any mention be made thereof in the form of this sacrament, as in the words: "Since thou wilt have + a share, if faithfully," etc. + </p> + <p id="XP_Q34_A4-p6"> + <b>I answer that,</b> This sacrament consists chiefly in the power conferred. Now power is conferred by power, as like proceeds from like; and + again power is made known by its use, since powers are manifested by their acts. Wherefore in the form of order the use of + order is expressed by the act which is commanded; and the conferring of power is expressed by employing the imperative mood. + </p> + <p id="XP_Q34_A4-p7"> + <b>Reply to Objection 1:</b> The other sacraments are not ordained chiefly to effects similar to the power whereby the sacraments are dispensed, as this + sacrament is. Hence in this sacrament there is a kind of universal communication. Wherefore in the other sacraments something + is expressed on the part of the divine power to which the effect of the sacrament is likened, but not in this sacrament. + </p> + <p id="XP_Q34_A4-p8"> + <b>Reply to Objection 2:</b> [There is a special reason why this sacrament, rather than the others, is conferred by employing the imperative mood. For]* + although the bishop who is the minister of this sacrament has no authority in respect of the conferring of this sacrament, + nevertheless he has some power with regard to the power of Order, which power he confers, in so far as it is derived, from + his. [*The sentence in brackets is not in the Leonine edition.] + </p> + <p id="XP_Q34_A4-p9"> + <b>Reply to Objection 3:</b> The use of power is the effect of power in the genus of efficient cause, and from this point of view it has no reason to + be mentioned in the definition of Order. But it is somewhat a cause in the genus of final cause, and from this point of view + it can be placed in the definition of order. + </p> + <p id="XP_Q34_A4-p10"> + <b>Reply to Objection 4:</b> There is here a difference between this and the other sacraments. Because by this sacrament an office or the power to do + something is conferred; and so it is fitting that mention be made of the reward to be obtained if it be administered faithfully. + But in the other sacraments no such office or power to act is conferred, and so no mention of reward is made in them. Accordingly + the recipient is somewhat passive in relation to the other sacraments, + because he receives them for the perfecting of his own state only, whereas in relation to this sacrament he holds himself + somewhat actively, since he receives it for the sake of exercising hierarchical duties in the Church. Wherefore although the + other sacraments, from the very fact that they give grace, direct the recipient to salvation, properly speaking they do not + direct him to a reward, in the same way as this sacrament does. + </p> + <p id="XP_Q34_A4-p11"></p> + <p id="XP_Q34_A4-p12"></p> + <a href="summa.XP_Q34_A3.html"></a> + <a href="summa.XP_Q34_A5.html"></a> + </div> + <div id="XP_Q34_A5" class="div4"> + <a href="summa.XP_Q34_A4.html"></a> + <a href="summa.XP_Q35.html"></a> + <h4 id="XP_Q34_A5-p0.1">Whether this sacrament has any matter?</h4> + <p id="XP_Q34_A5-p1"></p> + <p id="XP_Q34_A5-p2"> + <b>Objection 1:</b> It would seem that this sacrament has no matter. Because in every sacrament that has a matter the power that works in the + sacrament is in the matter. But in the material objects which are used here, such as keys, candlesticks, and so forth, there + is not apparently any power of sanctification. Therefore it has no matter. + </p> + <p id="XP_Q34_A5-p3"> + <b>Objection 2:</b> Further, in this sacrament the fulness of sevenfold grace is conferred, as stated in the text (Sent. iv, D, 24), just as + in Confirmation. But the matter of Confirmation requires to be consecrated beforehand. Since then the things which appear + to be material in this sacrament are not consecrated beforehand, it would seem that they are not the matter of the sacrament. + </p> + <p id="XP_Q34_A5-p4"> + <b>Objection 3:</b> Further, in any sacrament that has matter there needs to be contact of matter with the recipient of the sacrament. Now, as + some say, it is not essential to this sacrament that there be contact between the aforesaid material objects and the recipient + of the sacrament, but only that they be presented to him. Therefore the aforesaid material objects are not the matter of this + sacrament. + </p> + <p id="XP_Q34_A5-p5"> + <b>On the contrary,</b> Every sacrament consists of things and words. Now in any sacrament the thing is the matter. Therefore the things employed + in this sacrament are its matter. + </p> + <p id="XP_Q34_A5-p6"> Further, more is requisite to dispense the sacraments than to receive them. Yet Baptism, wherein the power is given to receive + the sacraments, needs a matter. Therefore order also does, wherein the power is given to dispense them. + </p> + <p id="XP_Q34_A5-p7"> + <b>I answer that,</b> The matter employed outwardly in the sacraments signifies that the power which works in the sacraments comes entirely from + without. Wherefore, since the effect proper to this sacrament, namely the character, is not received through any operation + of the one who approaches the sacrament, as was the case in Penance, but comes wholly from without, it is fitting that it + should have a matter, yet otherwise than the other sacraments that have matter; because that + which is bestowed in the other sacraments comes from God alone, and not from the minister who dispenses the sacrament; whereas + that which is conferred in this sacrament, namely the spiritual power, comes also from him who gives the sacrament, as imperfect + from perfect power. Hence the efficacy of the other sacraments resides chiefly in the matter which both signifies and contains + the divine power through the sanctification applied by the minister; whereas the efficacy of this sacrament resides + chiefly with him who dispenses the sacrament. And the matter is employed to show the powers conferred in particular by one + who has it completely, rather than to cause power; and this is clear from the fact that the matter is in keeping with the + use of power. This suffices for the Reply to the First Objection. + </p> + <p id="XP_Q34_A5-p8"> + <b>Reply to Objection 2:</b> It is necessary for the matter to be consecrated in the other sacraments, on account of the power it contains; but it is + not so in the case in point. + </p> + <p id="XP_Q34_A5-p9"> + <b>Reply to Objection 3:</b> If we admit this assertion, the reason for it is clear from what we have said; for since the power of order is received from + the minister and not from the matter, the presenting of the matter is more essential to the sacrament than contact therewith. + However, the words themselves of the form would seem to indicate that contact with the matter is essential to the sacrament, + for it is said: "Receive" this or that. + </p> + <p id="XP_Q34_A5-p10"></p> + <p id="XP_Q34_A5-p11"></p> + <a href="summa.XP_Q34_A4.html"></a> + <a href="summa.XP_Q35.html"></a> + </div> + <a href="summa.XP_Q33_A2.html"></a> + <a href="summa.XP_Q34_A1.html"></a> + </div> + <div id="XP_Q35" class="div3"> + <a href="summa.XP_Q34_A5.html"></a> + <a href="summa.XP_Q35_A1.html"></a> + <h3 id="XP_Q35-p0.1">OF THE EFFECT OF THIS SACRAMENT (FIVE ARTICLES)</h3> + <p id="XP_Q35-p1"></p> + <p id="XP_Q35-p2"> We must next consider me effect of this sacrament. Under this head there are five points of inquiry:</p> + <p id="XP_Q35-p3"> (1) Whether sanctifying grace is conferred in the sacrament of Order?</p> + <p id="XP_Q35-p4"> (2) Whether a character is imprinted in connection with all the Orders?</p> + <p id="XP_Q35-p5"> (3) Whether the character of Order presupposes of necessity the character of Baptism?</p> + <p id="XP_Q35-p6"> (4) Whether it presupposes of necessity the character of Confirmation?</p> + <p id="XP_Q35-p7"> (5) Whether the character of one Order presupposes of necessity the character of another Order?</p> + <div id="XP_Q35_A1" class="div4"> + <a href="summa.XP_Q35.html"></a> + <a href="summa.XP_Q35_A2.html"></a> + <h4 id="XP_Q35_A1-p0.1">Whether sanctifying grace is conferred in the sacrament of Order?</h4> + <p id="XP_Q35_A1-p1"></p> + <p id="XP_Q35_A1-p2"> + <b>Objection 1:</b> It would seem that sanctifying grace is not conferred in the sacrament of Order. For it is commonly agreed that the sacrament + of Order is directed to counteract the defect of ignorance. Now not sanctifying grace but gratuitous grace is given to counteract + ignorance, for sanctifying grace has more to do with the will. Therefore sanctifying grace is not given in the sacrament of + Order. + </p> + <p id="XP_Q35_A1-p3"> + <b>Objection 2:</b> Further, Order implies distinction. Now the members of the Church are distinguished, not by sanctifying but by gratuitous + grace, of which it is said ( + <a class="scripRef" id="XP_Q35_A1-p3.1" href="./asv.html#iCor.12.4" target="asv">1 Cor. 12:4</a>): "There are diversities of graces." Therefore sanctifying grace is not given in order. + </p> + <p id="XP_Q35_A1-p4"> + <b>Objection 3:</b> Further, no cause presupposes its effect. But grace is presupposed in one who receives orders, so that he may be worthy to + receive them. Therefore this same grace is not given in the conferring of Orders. + </p> + <p id="XP_Q35_A1-p5"> + <b>On the contrary,</b> The sacraments of the New Law cause what they signify. Now Order by its sevenfold number signifies the seven gifts of the + Holy Ghost, as stated in the text (Sent. iv, D, 24). Therefore the gifts of the Holy Ghost, which are not apart from sanctifying + grace, are given in Orders. + </p> + <p id="XP_Q35_A1-p6"> Further, Order is a sacrament of the New Law. Now the definition of a sacrament of that kind includes the words, "that it + may be a cause of grace." Therefore it causes grace in the recipient. + </p> + <p id="XP_Q35_A1-p7"> I answer that The works of God are perfect ( + <a class="scripRef" id="XP_Q35_A1-p7.1" href="./asv.html#Deut.32.4" target="asv">Dt. 32:4</a>); and consequently whoever receives power from above receives also those things that render him competent to exercise that + power. This is also the case in natural things, since animals are provided with members, by which their soul's powers are + enabled to proceed to their respective actions unless there be some defect on the part of matter. Now just as sanctifying + grace is necessary in order that man + receive the sacraments worthily, so is it that he may dispense them worthily. Wherefore as in Baptism, whereby a man is adapted + to receive the other sacraments, sanctifying grace is given, so is it in the sacrament of Order whereby man is ordained to + the dispensation of the other sacraments. + </p> + <p id="XP_Q35_A1-p8"> + <b>Reply to Objection 1:</b> Order is given as a remedy, not to one person but to the whole Church. Hence, although it is said to be given in order to + counteract ignorance, it does not mean that by receiving Orders a man has his ignorance driven out of him, but that the recipient + of Orders is set in authority to expel ignorance from among the people. + </p> + <p id="XP_Q35_A1-p9"> + <b>Reply to Objection 2:</b> Although the gifts of sanctifying grace are common to all the members of the Church, nevertheless a man cannot be the worthy + recipient of those gifts, in respect of which the members of the Church are distinguished from one another, unless he have + charity, and this cannot be apart from sanctifying grace. + </p> + <p id="XP_Q35_A1-p10"> + <b>Reply to Objection 3:</b> The worthy exercise of Orders requires not any kind of goodness but excellent goodness, in order that as they who receive + orders are set above the people in the degree of Order, so may they be above them by the merit of holiness. Hence they are + required to have the grace that suffices to make them worthy members of Christ's people, but when they receive Orders they + are given a yet greater gift of grace, whereby they are rendered apt for greater + things. + </p> + <p id="XP_Q35_A1-p11"></p> + <p id="XP_Q35_A1-p12"></p> + <a href="summa.XP_Q35.html"></a> + <a href="summa.XP_Q35_A2.html"></a> + </div> + <div id="XP_Q35_A2" class="div4"> + <a href="summa.XP_Q35_A1.html"></a> + <a href="summa.XP_Q35_A3.html"></a> + <h4 id="XP_Q35_A2-p0.1">Whether in the sacrament of Order a character is imprinted in connection with all the Orders?</h4> + <p id="XP_Q35_A2-p1"></p> + <p id="XP_Q35_A2-p2"> + <b>Objection 1:</b> It would seem that in the sacrament of Order a character is not imprinted in connection with all the Orders. For the character + of Order is a spiritual power. Now some Orders are directed only to certain bodily acts, for instance those of the doorkeeper + or of the acolyte. Therefore a character is not imprinted in these Orders. + </p> + <p id="XP_Q35_A2-p3"> + <b>Objection 2:</b> Further, every character is indelible. Therefore a character places a man in a state whence he cannot withdraw. Now those + who have certain Orders can lawfully return to the laity. Therefore a character is not imprinted in all the Orders. + </p> + <p id="XP_Q35_A2-p4"> + <b>Objection 3:</b> Further, by means of a character a man is appointed to give or to receive some sacred thing. Now a man is sufficiently adapted + to the reception of the sacraments by the character of Baptism, and a man is not appointed to dispense the sacraments except + in the Order of priesthood. Therefore a character is not imprinted in the other Orders. + </p> + <p id="XP_Q35_A2-p5"> + <b>On the contrary,</b> Every sacrament in which a character is not imprinted can be repeated. But no Order can be repeated. Therefore a character + is imprinted in each Order. + </p> + <p id="XP_Q35_A2-p6"> Further, a character is a distinctive sign. Now there is something distinct in every Order. Therefore every Order imprints + a character. + </p> + <p id="XP_Q35_A2-p7"> + <b>I answer that,</b> There have been three opinions on this point. For some have said that a character is imprinted only in the Order of priesthood; + but this is not true, since none but a deacon can exercise the act of the diaconate, and so it is clear that in the dispensation + of the sacraments, he has a spiritual power which others have not. For this reason others have said that a character is impressed + in the sacred, but not in the minor, Orders. But this again comes to + nothing, since each Order sets a man above the people in some degree of authority directed to the dispensation of the sacraments. + Wherefore since a character is a sign whereby one thing is distinguished from another, it follows that a character is imprinted + in each Order. And this is confirmed by the fact that they remain for ever and are never repeated. This is the third and more + common opinion. + </p> + <p id="XP_Q35_A2-p8"> + <b>Reply to Objection 1:</b> Each Order either has an act connected with the sacrament itself, or adapts a man to the dispensation of the sacraments; + thus doorkeepers exercise the act of admitting men to witness the Divine sacraments, and so forth; and consequently a spiritual + power is required in each. + </p> + <p id="XP_Q35_A2-p9"> + <b>Reply to Objection 2:</b> For all that a man may return to the laity, the character always remains in him. This is evident from the fact that if he + return to the clerical state, he does not receive again the order which he had already. + </p> + <p id="XP_Q35_A2-p10"> The Reply to the Third Objection is the same as to the First.</p> + <p id="XP_Q35_A2-p11"></p> + <p id="XP_Q35_A2-p12"></p> + <a href="summa.XP_Q35_A1.html"></a> + <a href="summa.XP_Q35_A3.html"></a> + </div> + <div id="XP_Q35_A3" class="div4"> + <a href="summa.XP_Q35_A2.html"></a> + <a href="summa.XP_Q35_A4.html"></a> + <h4 id="XP_Q35_A3-p0.1">Whether the character of Order presupposes the baptismal character?</h4> + <p id="XP_Q35_A3-p1"></p> + <p id="XP_Q35_A3-p2"> + <b>Objection 1:</b> It would seem that the character of Order does not presuppose the character of Baptism. For the character of Order makes + a man a dispenser of the sacraments; while the character of Baptism makes him a recipient of them. Now active power does not + necessarily presuppose passive power, for it can be without it, as in God. Therefore the character of Order does not necessarily + presuppose the character of Baptism. + </p> + <p id="XP_Q35_A3-p3"> + <b>Objection 2:</b> Further, it may happen that a man is not baptized, and yet think with probability that he has been baptized. If therefore + such a person present himself for Orders, he will not receive the character of Order, supposing the character of Order to + presuppose the character of Baptism; and consequently whatever he does by way of consecration or absolution will be invalid, + and the Church will be deceived therein, which is inadmissible. + </p> + <p id="XP_Q35_A3-p4"> + <b>On the contrary,</b> Baptism is the door of the sacraments. Therefore since Order is a sacrament, it presupposes Baptism. + </p> + <p id="XP_Q35_A3-p5"> + <b>I answer that,</b> No one can receive what he has not the power to receive. Now the character of Baptism gives a man the power to receive the + other sacraments. Wherefore he that has not the baptismal character, can receive no other sacrament; and consequently the + character of Order presupposes the character of Baptism. + </p> + <p id="XP_Q35_A3-p6"> + <b>Reply to Objection 1:</b> In one who has active power of himself, the active does not presuppose the passive power; but in one who has active power + from another, passive power, whereby he is enabled to receive the active power, is prerequisite to active power. + </p> + <p id="XP_Q35_A3-p7"> + <b>Reply to Objection 2:</b> Such a man if he be ordained to the priesthood is not a priest, and he can neither consecrate, nor absolve in the tribunal + of Penance. Wherefore according to the canons he must be baptized, and reordained (Extra De Presbyt. non Bapt., cap. Si quis; + cap. Veniens). And even though he be raised to the episcopate, those whom he ordains receive not the Order. Yet it may piously + be believed that as regards the ultimate effects of the sacraments, the High + Priest will supply the defect, and that He would not allow this to be so hidden as to endanger the Church. + </p> + <p id="XP_Q35_A3-p8"></p> + <p id="XP_Q35_A3-p9"></p> + <p id="XP_Q35_A3-p10"></p> + <a href="summa.XP_Q35_A2.html"></a> + <a href="summa.XP_Q35_A4.html"></a> + </div> + <div id="XP_Q35_A4" class="div4"> + <a href="summa.XP_Q35_A3.html"></a> + <a href="summa.XP_Q35_A5.html"></a> + <h4 id="XP_Q35_A4-p0.1">Whether the character of Order necessarily presupposes the character of Confirmation?</h4> + <p id="XP_Q35_A4-p1"></p> + <p id="XP_Q35_A4-p2"> + <b>Objection 1:</b> It would seem that the character of Order necessarily presupposes the character of Confirmation. For in things subordinate + to one another, as the middle presupposes the first, so does the last presuppose the middle. Now the character of Confirmation + presupposes that of Baptism as being the first. Therefore the character of Order presupposes that of Confirmation as being + in the middle. + </p> + <p id="XP_Q35_A4-p3"> + <b>Objection 2:</b> Further, those who are appointed to confirm should themselves be most firm. Now those who receive the sacrament of Order + are appointed to confirm others. Therefore they especially should have received the sacrament of Confirmation. + </p> + <p id="XP_Q35_A4-p4"> + <b>On the contrary,</b> The apostles received the power of order before the Ascension ( + <a class="scripRef" id="XP_Q35_A4-p4.1" href="./asv.html#John.20.22" target="asv">Jn. 20:22</a>), where it is said: "Receive the Holy Ghost." But they were confirmed after the Ascension by the coming of the Holy Ghost. + Therefore order does not presuppose Confirmation. + </p> + <p id="XP_Q35_A4-p5"> + <b>I answer that,</b> For the reception of Orders something is prerequisite for the validity of the sacrament, and something as congruous to the + sacrament. For the validity of the sacrament it is required that one who presents himself for Orders should be capable of + receiving them, and this is competent to him through Baptism; wherefore the baptismal character is prerequisite for the validity + of the sacrament, so that the sacrament of Order cannot be conferred without it. On the + other hand, as congruous to the sacrament a man is required to have every perfection whereby he becomes adapted to the exercise + of Orders, and one of these is that he be confirmed. Wherefore the character of Order presupposes the character of Confirmation + as congruous but not as necessary. + </p> + <p id="XP_Q35_A4-p6"> + <b>Reply to Objection 1:</b> In this case the middle does not stand in the same relation to the last as the first to the middle, because the character + of Baptism enables a man to receive the sacrament of Confirmation, whereas the character of Confirmation does not enable a + man to receive the sacrament of Order. Hence the comparison fails. + </p> + <p id="XP_Q35_A4-p7"> + <b>Reply to Objection 2:</b> This argument considers aptness by way of congruity. + </p> + <p id="XP_Q35_A4-p8"></p> + <p id="XP_Q35_A4-p9"></p> + <a href="summa.XP_Q35_A3.html"></a> + <a href="summa.XP_Q35_A5.html"></a> + </div> + <div id="XP_Q35_A5" class="div4"> + <a href="summa.XP_Q35_A4.html"></a> + <a href="summa.XP_Q36.html"></a> + <h4 id="XP_Q35_A5-p0.1">Whether the character of one Order necessarily presupposes the character of another Order?</h4> + <p id="XP_Q35_A5-p1"></p> + <p id="XP_Q35_A5-p2"> + <b>Objection 1:</b> It would seem that the character of one Order necessarily presupposes the character of another Order. For there is more in + common between one Order and another, than between Order and another sacrament. But the character of Order presupposes the + character of another sacrament, namely Baptism. Much more therefore does the character of one Order presuppose the character + of another. + </p> + <p id="XP_Q35_A5-p3"> + <b>Objection 2:</b> Further, the Orders are degrees of a kind. Now no one can reach a further degree, unless he first mount the previous degree. + Therefore no one can receive the character of a subsequent Order unless he has first received the preceding Order. + </p> + <p id="XP_Q35_A5-p4"> + <b>On the contrary,</b> If anything necessary for a sacrament be omitted in that sacrament, the sacrament must be repeated. But if one receive a + subsequent Order, without receiving a preceding Order, he is not reordained, but he receives what was lacking, according to + the canonical statutes (cap. Tuae literae, De clerico per salt. prom.). Therefore the preceding Order is not necessary for + the following. + </p> + <p id="XP_Q35_A5-p5"> + <b>I answer that,</b> It is not necessary for the higher Orders that one should have received the minor Orders, because their respective powers + are distinct, and one, considered in its essentials, does not require another in the same subject. Hence even in the early + Church some were ordained priests without having previously received the lower Orders and yet they could do all that the lower + Orders could, because the lower power is comprised in the higher, even as sense in + understanding, and dukedom in kingdom. Afterwards, however, it was decided by the legislation of the Church that no one should + present himself to the higher orders who had not previously humbled himself in the lower offices. And hence it is that according + to the Canons (cap. Tuae literae, De clerico per salt. prom.) those who are ordained without receiving a preceding Order are + not reordained, but receive what was lacking to them of the preceding Order. + </p> + <p id="XP_Q35_A5-p6"> + <b>Reply to Objection 1:</b> Orders have more in common with one another as regards specific likeness, than order has with Baptism. But as regards proportion + of power to action, Baptism has more in common with Order, than one Order with another, because Baptism confers on man the + passive power to receive Orders, whereas a lower Order does not give him the passive power to receive higher Orders. + </p> + <p id="XP_Q35_A5-p7"> + <b>Reply to Objection 2:</b> Orders are not degrees combining in one action or in one movement, so that it be necessary to reach the last through the + first; but they are like degrees consisting in things of different kinds, such as the degrees between man and angel, and it + is not necessary that one who is an angel be first of all a man. Such also are the degrees between the head and all members + of the body; nor is it necessary that that which is the head should be previously a + foot; and thus it is in the case in point. + </p> + <p id="XP_Q35_A5-p8"></p> + <p id="XP_Q35_A5-p9"></p> + <a href="summa.XP_Q35_A4.html"></a> + <a href="summa.XP_Q36.html"></a> + </div> + <a href="summa.XP_Q34_A5.html"></a> + <a href="summa.XP_Q35_A1.html"></a> + </div> + <div id="XP_Q36" class="div3"> + <a href="summa.XP_Q35_A5.html"></a> + <a href="summa.XP_Q36_A1.html"></a> + <h3 id="XP_Q36-p0.1">OF THE QUALITIES REQUIRED OF THOSE WHO RECEIVE THIS SACRAMENT (FIVE ARTICLES)</h3> + <p id="XP_Q36-p1"></p> + <p id="XP_Q36-p2"> We must next consider the qualities required of those who receive the sacrament of Order. Under this head there are five + points of inquiry: + </p> + <p id="XP_Q36-p3"> (1) Whether goodness of life is required of those who receive this sacrament?</p> + <p id="XP_Q36-p4"> (2) Whether the knowledge of the whole of Sacred Writ is required?</p> + <p id="XP_Q36-p5"> (3) Whether the degree of Orders is obtained by mere merit of life?</p> + <p id="XP_Q36-p6"> (4) Whether he who raises the unworthy to Orders sins?</p> + <p id="XP_Q36-p7"> (5) Whether one who is in sin can without committing a sin exercise the Order he has received?</p> + <div id="XP_Q36_A1" class="div4"> + <a href="summa.XP_Q36.html"></a> + <a href="summa.XP_Q36_A2.html"></a> + <h4 id="XP_Q36_A1-p0.1">Whether goodness of life is required of those who receive Orders?</h4> + <p id="XP_Q36_A1-p1"></p> + <p id="XP_Q36_A1-p2"> + <b>Objection 1:</b> It would seem that goodness of life is not required of those who receive Orders. For by Orders a man is ordained to the dispensation + of the sacraments. But the sacraments can be administered by good and wicked. Therefore goodness of life is not requisite. + </p> + <p id="XP_Q36_A1-p3"> + <b>Objection 2:</b> Further, the service of God in the sacraments is no greater than service offered to Him in the body. Now our Lord did not + cast aside the sinful and notorious woman from rendering Him a bodily service ( + <a class="scripRef" id="XP_Q36_A1-p3.1" href="./asv.html#Luke.7" target="asv">Lk. 7</a>). Therefore neither should the like be debarred from His service in the sacraments. + </p> + <p id="XP_Q36_A1-p4"> + <b>Objection 3:</b> Further, by every grace a remedy is given against sin. Now those who are in sin should not be refused a remedy that may avail + them. Since then grace is given in the sacrament of order, it would seem that this sacrament ought also to be conferred on + sinners. + </p> + <p id="XP_Q36_A1-p5"> + <b>On the contrary,</b> "Whosoever of the seed of Aaron throughout their families hath a blemish, he shall not offer bread to his God neither shall + he approach to minister to him [*Vulg.: 'Say to Aaron: Whosoever of thy seed,'etc.]" ( + <a class="scripRef" id="XP_Q36_A1-p5.1" href="./asv.html#Lev.21.17" target="asv">Lev. 21:17,18</a>). Now "blemish signifies all kinds of vice" according to a gloss. Therefore he who is shackled by any vice should not be + admitted to the ministry of Orders. + </p> + <p id="XP_Q36_A1-p6"> Further, Jerome commenting on the words of + <a class="scripRef" id="XP_Q36_A1-p6.1" href="./asv.html#Titus.2.15" target="asv"> Titus 2:15, </a> "Let no man despise thee," says that "not only should bishops, priests, and deacons take very great care to be examples of + speech and conduct to those over whom they are placed, but also the lower grades, and without exception all who serve the + household of God, since it is most disastrous to the Church if the laity be better than the clergy." Therefore holiness of + life is requisite in all the + Orders. + </p> + <p id="XP_Q36_A1-p7"> + <b>I answer that,</b> As Dionysius says (Eccl. Hier. iii), "even as the more subtle and clear essences, being filled by the outpouring of the solar + radiance, like the sun enlighten other bodies with their brilliant light, so in all things pertaining to God a man must not + dare to become a leader of others, unless in all his habits he be most deiform and godlike." Wherefore, since in every order + a man is appointed to lead others in Divine things, he who being conscious of mortal + sin presents himself for Orders is guilty of presumption and sins mortally. Consequently holiness of life is requisite for + Orders, as a matter of precept, but not as essential to the sacrament; and if a wicked man be ordained, he receives the Order + none the less, and yet with sin withal. + </p> + <p id="XP_Q36_A1-p8"> + <b>Reply to Objection 1:</b> Just as the sinner dispenses sacraments validly, so does he receive validly the sacrament of Orders, and as he dispenses + unworthily, even so he receives unworthily. + </p> + <p id="XP_Q36_A1-p9"> + <b>Reply to Objection 2:</b> The service in point consisted only in the exercise of bodily homage, which even sinners can offer lawfully. It is different + with the spiritual service to which the ordained are appointed, because thereby they are made to stand between God and the + people. Wherefore they should shine with a good conscience before God, and with a good name before men. + </p> + <p id="XP_Q36_A1-p10"> + <b>Reply to Objection 3:</b> Certain medicines require a robust constitution, else it is mortally dangerous to take them; others can be given to the weakly. + So too in spiritual things certain sacraments are ordained as remedies for sin, and the like are to be given to sinners, as + Baptism and Penance, while others, which confer the perfection of grace, require a man made strong by grace. + </p> + <p id="XP_Q36_A1-p11"></p> + <p id="XP_Q36_A1-p12"></p> + <a href="summa.XP_Q36.html"></a> + <a href="summa.XP_Q36_A2.html"></a> + </div> + <div id="XP_Q36_A2" class="div4"> + <a href="summa.XP_Q36_A1.html"></a> + <a href="summa.XP_Q36_A3.html"></a> + <h4 id="XP_Q36_A2-p0.1">Whether knowledge of all Holy Writ is required?</h4> + <p id="XP_Q36_A2-p1"></p> + <p id="XP_Q36_A2-p2"> + <b>Objection 1:</b> It would seem that knowledge of all Holy Writ is required. For one from whose lips we seek the law, should have knowledge + of the law. Now the laity seek the law at the mouth of the priest ( + <a class="scripRef" id="XP_Q36_A2-p2.1" href="./asv.html#Mal.2.7" target="asv">Malachi 2:7</a>). Therefore he should have knowledge of the whole law. + </p> + <p id="XP_Q36_A2-p3"> + <b>Objection 2:</b> Further, "being always ready to satisfy everyone that asketh you a reason of that faith and hope in you [*Vulg.: 'Of that + hope which is in you; St. Thomas apparently took his reading from Bede]." Now to give a reason for things pertaining to faith + and hope belongs to those who have perfect knowledge of Holy Writ. Therefore the like knowledge should be possessed by those + who are placed in Orders, and to whom the aforesaid words are addressed. + </p> + <p id="XP_Q36_A2-p4"> + <b>Objection 3:</b> Further, no one is competent to read what he understands not, since to read without intelligence is "negligence,"* as Cato + declares (Rudiment.). [*"Legere et non intelligere est negligere." The play on the words is more evident in Latin.] Now it + belongs to the reader (which is the lower Order) to read the Old Testament, as stated in the text (Sent. iv, D, 24). Therefore + he should understand the whole of the Old Testament; and much more those in the higher + Orders. + </p> + <p id="XP_Q36_A2-p5"> + <b>On the contrary,</b> Many are raised to the priesthood even who know nothing at all of these things, even in many religious Orders. Therefore + apparently this knowledge is not required. + </p> + <p id="XP_Q36_A2-p6"> Further, we read in the Lives of the Fathers that some who were monks were raised to the priesthood, being of a most holy + life. Therefore the aforesaid knowledge is not required in those to be ordained. + </p> + <p id="XP_Q36_A2-p7"> + <b>I answer that,</b> For any human act to be rightly ordered there must needs be the direction of reason. Wherefore in order that a man exercise + the office of an Order, it is necessary for him to have as much knowledge as suffices for his direction in the act of that + Order. And consequently one who is to be raised to Orders is required to have that knowledge, and to be instructed in Sacred + Scripture, not the whole, but more or less, according as his office is of a greater or + lesser extent---to wit, that those who are placed over others, and receive the care of souls, know things pertaining to the + doctrine of faith and morals, and that others know whatever concerns the exercise of their Order. + </p> + <p id="XP_Q36_A2-p8"> + <b>Reply to Objection 1:</b> A priest exercises a twofold action: the one, which is principal, over the true body of Christ; the other, which is secondary, + over the mystical body of Christ. The second act depends on the first, but not conversely. Wherefore some are raised to the + priesthood, to whom the first act alone is deputed, for instance those religious who are not empowered with the care of souls. + The law is not sought at the mouth of these, they are required only for the + celebration of the sacraments; and consequently it is enough for them to have such knowledge as enables them to observe rightly + those things that regard the celebration of the sacrament. Others are raised to exercise the other act which is over the mystical + body of Christ, and it is at the mouth of these that the people seek the law; wherefore they ought to possess knowledge of + the law, not indeed to know all the difficult points of the law (for in these they should have recourse to their + superiors), but to know what the people have to believe and fulfill in the law. To the higher priests, namely the bishops, + it belongs to know even those points of the law which may offer some difficulty, and to know them the more perfectly according + as they are in a higher position. + </p> + <p id="XP_Q36_A2-p9"> + <b>Reply to Objection 2:</b> The reason that we have to give for our faith and hope does not denote one that suffices to prove matters of faith and hope, + since they are both of things invisible; it means that we should be able to give general proofs of the probability of both, + and for this there is not much need of great knowledge. + </p> + <p id="XP_Q36_A2-p10"> + <b>Reply to Objection 3:</b> The reader has not to explain Holy Writ to the people (for this belongs to the higher orders), but merely to voice the words. + Therefore he is not required to have so much knowledge as to understand Holy Writ, but only to know how to pronounce it correctly. + And since such knowledge is obtained easily and from many persons, it may be supposed with probability that the ordained will + acquire that knowledge even if he have it not already, especially if it + appear that he is on the road to acquire it. + </p> + <p id="XP_Q36_A2-p11"></p> + <p id="XP_Q36_A2-p12"></p> + <a href="summa.XP_Q36_A1.html"></a> + <a href="summa.XP_Q36_A3.html"></a> + </div> + <div id="XP_Q36_A3" class="div4"> + <a href="summa.XP_Q36_A2.html"></a> + <a href="summa.XP_Q36_A4.html"></a> + <h4 id="XP_Q36_A3-p0.1">Whether a man obtains the degrees of Order by the merit of one's life?</h4> + <p id="XP_Q36_A3-p1"></p> + <p id="XP_Q36_A3-p2"> + <b>Objection 1:</b> It would seem that a man obtains the degrees of order by the mere merit of his life. For, according to Chrysostom [*Hom. + xliii in the Opus Imperfectum, wrongly ascribed to St. John Chrysostom], "not every priest is a saint, but every saint is + a priest." Now a man becomes a saint by the merit of his life. Consequently he thereby also becomes a priest, and "a fortiori" + has he the other Orders. + </p> + <p id="XP_Q36_A3-p3"> + <b>Objection 2:</b> Further, in natural things, men obtain a higher degree from the very fact that they are near God, and have a greater share + of His favors, as Dionysius says (Eccl. Hier. iv). Now it is by merit of holiness and knowledge that a man approaches nearer + to God and receives more of His favors. Therefore by this alone he is raised to the degree of Orders. + </p> + <p id="XP_Q36_A3-p4"> + <b>On the contrary,</b> Holiness once possessed can be lost. But when once a man is ordained he never loses his order. Therefore order does not consist + in the mere merit of holiness. + </p> + <p id="XP_Q36_A3-p5"> + <b>I answer that,</b> A cause should be proportionate to its effect. And consequently as in Christ, from Whom grace comes down on all men, there + must needs be fulness of grace; so in the ministers of the Church, to whom it belongs, not to give grace, but to give the + sacraments of grace, the degree of order does not result from their having grace, but from their participating in a sacrament + of grace. + </p> + <p id="XP_Q36_A3-p6"> + <b>Reply to Objection 1:</b> Chrysostom is speaking of the priest in reference to the reason for which he is so called, the word "sacerdos" signifying + dispenser of holy things [sacra dans]: for in this sense every righteous man, in so far as he assists others by the sacraments, + may be called a priest. But he is not speaking according to the actual meaning of the words; for this word "sacerdos" [priest] + is employed to signify one who gives sacred things by dispensing the + sacraments. + </p> + <p id="XP_Q36_A3-p7"> + <b>Reply to Objection 2:</b> Natural things acquire a degree of superiority over others, from the fact that they are able to act on them by virtue of + their form; wherefore from the very fact that they have a higher form, they obtain a higher degree. But the ministers of the + Church are placed over others, not to confer anything on them by virtue of their own holiness (for this belongs to God alone), + but as ministers, and as instruments, so to say, of the outpouring from the Head + to the members. Hence the comparison fails as regards the dignity of Order, although it applies as to congruity. + </p> + <p id="XP_Q36_A3-p8"></p> + <p id="XP_Q36_A3-p9"></p> + <a href="summa.XP_Q36_A2.html"></a> + <a href="summa.XP_Q36_A4.html"></a> + </div> + <div id="XP_Q36_A4" class="div4"> + <a href="summa.XP_Q36_A3.html"></a> + <a href="summa.XP_Q36_A5.html"></a> + <h4 id="XP_Q36_A4-p0.1">Whether he who raises the unworthy to Orders commits a sin?</h4> + <p id="XP_Q36_A4-p1"></p> + <p id="XP_Q36_A4-p2"> + <b>Objection 1:</b> It would seem that he who raises the unworthy to orders commits no sin. For a bishop needs assistants appointed to the lesser + offices. But he would be unable to find them in sufficient number, if he were to require of them such qualifications as the + saints enumerate. Therefore if he raise some who are not qualified, he would seem to be excusable. + </p> + <p id="XP_Q36_A4-p3"> + <b>Objection 2:</b> Further, the Church needs not only ministers for the dispensation of things spiritual, but also for the supervision of temporalities. + But sometimes men without knowledge or holiness of life may be useful for the conduct of temporal affairs, either because + of their worldly power, or on account of their natural industry. Therefore seemingly the like can be promoted without sin. + </p> + <p id="XP_Q36_A4-p4"> + <b>Objection 3:</b> Further, everyone is bound to avoid sin, as far as he can. If therefore a bishop sins in promoting the unworthy, he is bound + to take the utmost pains to know whether those who present themselves for Orders be worthy, by making a careful inquiry about + their morals and knowledge, and yet seemingly this is not done anywhere. + </p> + <p id="XP_Q36_A4-p5"> + <b>On the contrary,</b> It is worse to raise the wicked to the sacred ministry, than not to correct those who are raised already. But Heli sinned + mortally by not correcting his sons for their wickedness; wherefore "he fell backwards . . . and died" ( + <a class="scripRef" id="XP_Q36_A4-p5.1" href="./asv.html#iKgs.4.18" target="asv">1 Kings 4:18</a>). Therefore he who promotes the unworthy does not escape sin. + </p> + <p id="XP_Q36_A4-p6"> Further, spiritual things must be set before temporal things in the Church. Now a man would commit a mortal sin were he knowingly + to endanger the temporalities of the Church. Much more therefore is it a mortal sin to endanger spiritual things. But whoever + promotes the unworthy endangers spiritual things, since according to Gregory (Hom. xii in Evang.) "if a man's life is contemptible, + his preaching is liable to be despised"; and for the same reason all the spiritual things that + he dispenses. Therefore he who promotes the unworthy sins mortally. + </p> + <p id="XP_Q36_A4-p7"> + <b>I answer that,</b> Our Lord describes the faithful servant whom He has set "over His household to give them their measure of wheat." Hence he + is guilty of unfaithfulness who gives any man Divine things above his measure: and whoso promotes the unworthy does this. + Wherefore he commits a mortal crime, as being unfaithful to his sovereign Lord, especially since this is detrimental to the + Church and to the Divine honor which is promoted by good ministers. For a man would be + unfaithful to his earthly lord were he to place unworthy subjects in his offices. + </p> + <p id="XP_Q36_A4-p8"> + <b>Reply to Objection 1:</b> God never so abandons His Church that apt ministers are not to be found sufficient for the needs of the people, if the worthy + be promoted and the unworthy set aside. And though it were impossible to find as many ministers as there are now, it were + better to have few good ministers than many bad ones, as the blessed Clement declares in his second epistle to James the brother + of the Lord. + </p> + <p id="XP_Q36_A4-p9"> + <b>Reply to Objection 2:</b> Temporal things are not to be sought but for the sake of spiritual things. Wherefore all temporal advantage should count + for nothing, and all gain be despised for the advancement of spiritual good. + </p> + <p id="XP_Q36_A4-p10"> + <b>Reply to Objection 3:</b> It is at least required that the ordainer know that nothing contrary to holiness is in the candidate for ordination. But + besides this he is required to take the greatest care, in proportion to the Order or office to be enjoined, so as to be certain + of the qualifications of those to be promoted, at least from the testification of others. This is the meaning of the Apostle + when he says ( + <a class="scripRef" id="XP_Q36_A4-p10.1" href="./asv.html#iTim.5.22" target="asv">1 Tim. 5:22</a>): "Impose not hands lightly on any + man." + </p> + <p id="XP_Q36_A4-p11"></p> + <p id="XP_Q36_A4-p12"></p> + <a href="summa.XP_Q36_A3.html"></a> + <a href="summa.XP_Q36_A5.html"></a> + </div> + <div id="XP_Q36_A5" class="div4"> + <a href="summa.XP_Q36_A4.html"></a> + <a href="summa.XP_Q37.html"></a> + <h4 id="XP_Q36_A5-p0.1">Whether a man who is in sin can without sin exercise the Order he has received? [*Cf. TP, Q[64], A[6]]</h4> + <p id="XP_Q36_A5-p1"></p> + <p id="XP_Q36_A5-p2"> + <b>Objection 1:</b> It would seem that one who is in sin can without sin exercise the order he has received. For since, by virtue of his office, + he is bound to exercise his order, he sins if he fails to do so. If therefore he sins by exercising it, he cannot avoid sin: + which is inadmissible. + </p> + <p id="XP_Q36_A5-p3"> + <b>Objection 2:</b> Further, a dispensation is a relaxation of the law. Therefore although by rights it would be unlawful for him to exercise + the order he has received, it would be lawful for him to do so by dispensation. + </p> + <p id="XP_Q36_A5-p4"> + <b>Objection 3:</b> Further, whoever co-operates with another in a mortal sin, sins mortally. If therefore a sinner sins mortally by exercising + his order, he who receives or demands any Divine thing from him also sins mortally: and this seems absurd. + </p> + <p id="XP_Q36_A5-p5"> + <b>Objection 4:</b> Further, if he sins by exercising his order, it follows that every act of his order that he performs is a mortal sin; and + consequently since many acts concur in the one exercise of his order, it would seem that he commits many mortal sins: which + seems very hard. + </p> + <p id="XP_Q36_A5-p6"> + <b>On the contrary,</b> Dionysius says (Ep. ad Demophil.): "It seems presumptuous for such a man, one to wit who is not enlightened, to lay hands + on priestly things; he is not afraid nor ashamed, all unworthy that he is to take part in Divine things, with the thought + that God does not see what he sees in himself; he thinks, by false pretense, to cheat Him Whom he falsely calls his Father; + he dares to utter in the person of Christ, words polluted by his infamy, I will not call + them prayers, over the Divine symbols." Therefore a priest is a blasphemer and a cheat if he exercises his order unworthily, + and thus he sins mortally: and in like manner any other person in orders. + </p> + <p id="XP_Q36_A5-p7"> Further, holiness of life is required in one who receives an order, that he may be qualified to exercise it. Now a man sins + mortally if he present himself for orders in mortal sin. Much more therefore does he sin mortally whenever he exercises his + order. + </p> + <p id="XP_Q36_A5-p8"> + <b>I answer that,</b> The law prescribes ( + <a class="scripRef" id="XP_Q36_A5-p8.1" href="./asv.html#Deut.16.20" target="asv">Dt. 16:20</a>) that "man should follow justly after that which is just." Wherefore whoever fulfills unworthily the duties of his order + follows unjustly after that which is just, and acts contrary to a precept of the law, and thereby sins mortally. Now anyone + who exercises a sacred office in mortal sin, without doubt does so unworthily. Hence it is clear that he sins mortally. + </p> + <p id="XP_Q36_A5-p9"> + <b>Reply to Objection 1:</b> He is not perplexed as though he were in the necessity of sinning; for he can renounce his sin, or resign his office whereby + he was bound to the exercise of his order. + </p> + <p id="XP_Q36_A5-p10"> + <b>Reply to Objection 2:</b> The natural law allows of no dispensation; and it is of natural law that man handle holy things holily. Therefore no one + can dispense from this. + </p> + <p id="XP_Q36_A5-p11"> + <b>Reply to Objection 3:</b> So long as a minister of the Church who is in mortal sin is recognized by the Church, his subject must receive the sacraments + from him, since this is the purpose for which he is bound to him. Nevertheless, outside the case of necessity, it would not + be safe to induce him to an execution of his Order, as long as he is conscious of being in mortal sin, which conscience, however, + he can lay aside since a man is repaired in an instant by Divine grace. + </p> + <p id="XP_Q36_A5-p12"> + <b>Reply to Objection 4:</b> When any man performs an action as a minister of the Church while in a state of mortal sin, he sins mortally, and as often + as he performs that action, since, as Dionysius says (Eccl. Hier. i), "it is wrong for the unclean even to touch the symbols," + i.e. the sacramental signs. Hence when they touch sacred things in the exercise of their office they sin mortally. It would + be otherwise if they were to touch some sacred thing or perform some sacred duty + in a case of necessity, when it would be allowable even to a layman, for instance if they were to baptize in a case of urgency, + or gather up the Lord's body should it be cast to the ground. + </p> + <p id="XP_Q36_A5-p13"></p> + <p id="XP_Q36_A5-p14"></p> + <a href="summa.XP_Q36_A4.html"></a> + <a href="summa.XP_Q37.html"></a> + </div> + <a href="summa.XP_Q35_A5.html"></a> + <a href="summa.XP_Q36_A1.html"></a> + </div> + <div id="XP_Q37" class="div3"> + <a href="summa.XP_Q36_A5.html"></a> + <a href="summa.XP_Q37_A1.html"></a> + <h3 id="XP_Q37-p0.1">OF THE DISTINCTION OF ORDERS, OF THEIR ACTS, AND THE IMPRINTING OF THE CHARACTER (FIVE ARTICLES)</h3> + <p id="XP_Q37-p1"></p> + <p id="XP_Q37-p2"> In the next place we must consider the distinction of the orders and their acts, and the imprinting of the character. Under + this head there are five points of inquiry: + </p> + <p id="XP_Q37-p3"> (1) Whether Order should be divided into several kinds?</p> + <p id="XP_Q37-p4"> (2) How many are there?</p> + <p id="XP_Q37-p5"> (3) Whether they ought to be divided into those that are sacred and those that are not?</p> + <p id="XP_Q37-p6"> (4) Whether the acts of the Orders are rightly assigned in the text?</p> + <p id="XP_Q37-p7"> (5) When are the characters of the Orders imprinted?</p> + <div id="XP_Q37_A1" class="div4"> + <a href="summa.XP_Q37.html"></a> + <a href="summa.XP_Q37_A2.html"></a> + <h4 id="XP_Q37_A1-p0.1">Whether we ought to distinguish several Orders? </h4> + <p id="XP_Q37_A1-p1"></p> + <p id="XP_Q37_A1-p2"> + <b>Objection 1:</b> It would seem that we ought not to distinguish several Orders. For the greater a power is, the less is it multiplied. Now + this sacrament ranks above the others in so far as it places its recipients in a degree above other persons. Since then the + other sacraments are not divided into several of which the whole is predicated, neither ought this sacrament to be divided + into several Orders. + </p> + <p id="XP_Q37_A1-p3"> + <b>Objection 2:</b> Further, if it be divided, the parts of the division are either integral or subjective. But they are not integral, for then + the whole would not be predicated of them. Therefore it is a division into subjective parts. Now subjective parts can have + the remote genus predicated of them in the plural in the same way as the proximate genus; thus man and ass are several animals, + and are several animated bodies. Therefore also priesthood and diaconate, as they are + several Orders, even so are several sacraments, since sacrament is the genus, so to speak, in respect of Orders. + </p> + <p id="XP_Q37_A1-p4"> + <b>Objection 3:</b> Further, according to the Philosopher (Ethic. viii, 10) the form of authority in which one alone governs is a better government + of the common weal than aristocracy, where different persons occupy different offices. But the government of the Church should + be the best of all. Therefore in the Church there should be no distinction of Orders for different acts, but the whole power + should reside in one person; and consequently there ought to be only one Order. + </p> + <p id="XP_Q37_A1-p5"> + <b>On the contrary,</b> The Church is Christ's mystical body, like to our natural body, according to the Apostle ( + <a class="scripRef" id="XP_Q37_A1-p5.1" href="./asv.html#Rom.12.5" target="asv">Rom. 12:5</a>; + <a class="scripRef" id="XP_Q37_A1-p5.2" href="./asv.html#iCor.12.12" target="asv">1 Cor. 12:12</a>, + <a class="scripRef" id="XP_Q37_A1-p5.3" href="./asv.html#iCor.12.27" target="asv">27</a>; + <a class="scripRef" id="XP_Q37_A1-p5.4" href="./asv.html#Eph.1.22" target="asv">Eph. 1:22,23</a>; + <a class="scripRef" id="XP_Q37_A1-p5.5" href="./asv.html#Col.1.24" target="asv"> Col. 1:24</a>). Now in the natural body there are various offices of the members. Therefore in the Church also there should be various + Orders. + </p> + <p id="XP_Q37_A1-p6"> Further, the ministry of the New Testament is superior to that of the Old Testament ( + <a class="scripRef" id="XP_Q37_A1-p6.1" href="./asv.html#iiCor.3" target="asv">2 Cor. 3</a>). Now in the Old Testament not only the priests, but also their ministers, the Levites, were consecrated. Therefore likewise + in the New Testament not only the priests but also their ministers should be consecrated by the sacrament of Order; and consequently + there ought to be several Orders. + </p> + <p id="XP_Q37_A1-p7"> + <b>I answer that,</b> Multiplicity of Orders was introduced into the Church for three reasons. First to show forth the wisdom of God, which is + reflected in the orderly distinction of things both natural and spiritual. This is signified in the statement of + <a class="scripRef" id="XP_Q37_A1-p7.1" href="./asv.html#." target="asv">3 Kings 10:4,5</a> that "when the queen of Saba saw . . . the order of" Solomon's "servants . . . she had no longer any spirit in her," for + she was breathless from admiration of his wisdom. Secondly, in order + to succor human weakness, because it would be impossible for one man, without his being heavily burdened, to fulfill all things + pertaining to the Divine mysteries; and so various orders are severally appointed to the various offices; and this is shown + by the Lord giving Moses seventy ancients to assist him. Thirdly, that men may be given a broader way for advancing (to perfection), + seeing that the various duties are divided among many men, so that all become the co-operators of God; than which + nothing is more God-like, as Dionysius says (Eccl. Hier. iii). + </p> + <p id="XP_Q37_A1-p8"> + <b>Reply to Objection 1:</b> The other sacraments are given that certain effects may be received; but this sacrament is given chiefly that certain acts + may be performed. Hence it behooves the sacrament of Order to be differentiated according to the diversity of acts, even as + powers are differentiated by their acts. + </p> + <p id="XP_Q37_A1-p9"> + <b>Reply to Objection 2:</b> The division of Order is not that of an integral whole into its parts, nor of a universal whole, but of a potential whole, + the nature of which is that the notion of the whole is found to be complete in one part, but in the others by some participation + thereof. Thus it is here: for the entire fulness of the sacrament is in one Order, namely the priesthood, while in the other + sacraments there is a participation of Order. And this is signified by the + Lord saying ( + <a class="scripRef" id="XP_Q37_A1-p9.1" href="./asv.html#Num.11.17" target="asv">Num. 11:17</a>): "I will take of thy spirit and give to them, that they may bear with thee the burden of the people." Therefore all the + Orders are one sacrament. + </p> + <p id="XP_Q37_A1-p10"> + <b>Reply to Objection 3:</b> In a kingdom, although the entire fulness of power resides in the king, this does not exclude the ministers having a power + which is a participation of the kingly power. It is the same in Order. In the aristocratic form of government, on the contrary, + the fulness of power resides in no one, but in all. + </p> + <p id="XP_Q37_A1-p11"></p> + <p id="XP_Q37_A1-p12"></p> + <a href="summa.XP_Q37.html"></a> + <a href="summa.XP_Q37_A2.html"></a> + </div> + <div id="XP_Q37_A2" class="div4"> + <a href="summa.XP_Q37_A1.html"></a> + <a href="summa.XP_Q37_A3.html"></a> + <h4 id="XP_Q37_A2-p0.1">Whether there are seven Orders?</h4> + <p id="XP_Q37_A2-p1"></p> + <p id="XP_Q37_A2-p2"> + <b>Objection 1:</b> It would seem that there are not seven Orders. For the Orders of the Church are directed to the hierarchical acts. But there + are only three hierarchical acts, namely "to cleanse, to enlighten, and to perfect," for which reason Dionysius distinguishes + three Orders (Eccl. Hier. v). Therefore there are not seven. + </p> + <p id="XP_Q37_A2-p3"> + <b>Objection 2:</b> Further, all the sacraments derive their efficacy and authenticity from their institution by Christ, or at least by His apostles. + But no mention except of priests and deacons is made in the teaching of Christ and His apostles. Therefore seemingly there + are no other Orders. + </p> + <p id="XP_Q37_A2-p4"> + <b>Objection 3:</b> Further, by the sacrament of Order a man is appointed to dispense the other sacraments. But there are only six other sacraments. + Therefore there should be only six Orders. + </p> + <p id="XP_Q37_A2-p5"> + <b>Objection 4:</b> On the other hand, It would seem that there ought to be more. For the higher a power is, the less is it subject to multiplication. + Now the hierarchical power is in the angels in a higher way than in us, as Dionysius says (Eccl. Hier. i). Since then there + are nine Orders in the angelic hierarchy, there should be as many, or more, in the Church. + </p> + <p id="XP_Q37_A2-p6"> + <b>Objection 5:</b> Further, the prophecy of the Psalms is the most noble of all the prophecies. Now there is one Order, namely of readers, for + reading the other prophecies in the Church. Therefore there ought to be another Order for reading the Psalms, especially since + (Decretals, Dist. xxi, cap. Cleros) the "psalmist" is reckoned as the second Order after the doorkeeper. + </p> + <p id="XP_Q37_A2-p7"> + <b>I answer that,</b> Some show the sufficiency of the orders from their correspondence with the gratuitous graces which are indicated + <a class="scripRef" id="XP_Q37_A2-p7.1" href="./asv.html#iCor.12" target="asv">1 Cor. 12</a>. For they say that the "word of wisdom" belongs to the bishop, because he is the ordainer of others, which pertains to wisdom; + the "word of knowledge" to the priest, for he ought to have the key of knowledge; "faith" to the deacon, for he preaches the + Gospel; the "working of miracles" to the subdeacon, who sets himself to do deeds of + perfection by the vow of continency; "interpretation of speeches" to the acolyte, this being signified by the light which + he bears; the "grace of healing" to the exorcist; "diverse kinds of tongues" to the psalmist; "prophecy" to the reader; and + the "discerning of spirits" to the doorkeeper, for he excludes some and admits others. But this is of no account, for the + gratuitous graces are not given, as the Orders are, to one same man. For it is written ( + <a class="scripRef" id="XP_Q37_A2-p7.2" href="./asv.html#iCor.12.4" target="asv">1 Cor. 12:4</a>): "There + are distributions [Douay: 'diversities'] of graces." Moreover the episcopate [*Cf. + <a id="XP_Q37_A2-p7.3" shape="rect" href="summa.XP_Q40_A5.html"> Q[40], A[5]</a>] and the office of psalmist are included, which are not Orders. Wherefore others account for the Orders by likening them + to the heavenly hierarchy, where the Orders are distinguished in reference to cleansing, enlightening, and perfecting. Thus + they say that the doorkeeper cleanses outwardly, by separating even in the body the good from the wicked; that the acolyte + cleanses + inwardly, because by the light which he bears, he signifies that he dispels inward darkness; and that the exorcist cleanses + both ways, for he casts out the devil who disturbs a man both ways. But enlightening, which is effected by teaching, is done + by readers as regards prophetic doctrine; by subdeacons as to apostolic doctrine; and by deacons as to the gospel doctrine; + while ordinary perfection, such as the perfection of Penance, Baptism, and so forth is the work of the priest; excellent + perfection, such as the consecration of priests and virgins, is the work of the bishop; while the most excellent perfection + is the work of the Sovereign Pontiff in whom resides the fulness of authority. But this again is of no account; both because + the orders of the heavenly hierarchy are not distinguished by the aforesaid hierarchical actions, since each of them is applicable + to every Order; and because, according to Dionysius (Eccl. Hier. v), perfecting belongs to the bishops alone, + enlightening to the priests, and cleansing to all the ministers. Wherefore others suit the orders to the seven gifts, so that + the priesthood corresponds to the gift of wisdom, which feeds us with the bread of life and understanding, even as the priest + refreshes us with the heavenly bread; fear to the doorkeeper, for he separates us from the wicked; and thus the intermediate + Orders to the intermediate gifts. But this again is of no account, since the sevenfold grace is given in each one of the + Orders. Consequently we must answer differently by saying that the sacrament of Order is directed to the sacrament of the + Eucharist, which is the sacrament of sacraments, as Dionysius says (Eccl. Hier. iii). For just as temple, altar, vessels, + and vestments need to be consecrated, so do the ministers who are ordained for the Eucharist; and this consecration is the + sacrament of Order. Hence the distinction of Orders is derived from their relation to the Eucharist. For the power of Order + is + directed either to the consecration of the Eucharist itself, or to some ministry in connection with this sacrament of the + Eucharist. If in the former way, then it is the Order of priests; hence when they are ordained, they receive the chalice with + wine, and the paten with the bread, because they are receiving the power to consecrate the body and blood of Christ. The co-operation + of the ministers is directed either to the sacrament itself, or to the recipients. If the former, this happens in + three ways. For in the first place, there is the ministry whereby the minister co-operates with the priest in the sacrament + itself, by dispensing, but not by consecrating, for this is done by the priest alone; and this belongs to the deacon. Hence + in the text (Sent. iv, D, 24) it is said that it belongs to the deacon to minister to the priests in whatever is done in Christ's + sacraments, wherefore he dispenses Christ's blood. Secondly, there is the ministry directed to the disposal of the + sacramental matter in the sacred vessels of the sacrament. and this belongs to subdeacons. Wherefore it is stated in the text + (Sent. iv, D, 24) that they carry the vessels of our Lord's body and blood, and place the oblation on the altar; hence, when + they are ordained, they receive the chalice, empty however, from the bishop's hands. Thirdly, there is the ministry directed + to the proffering of the sacramental matter, and this belongs to the acolyte. For he, as stated in the text (Sent. iv, D, + 24), prepares the cruet with wine and water; wherefore he receives an empty cruet. The ministry directed to the preparation + of the recipients can be exercised only over the unclean, since those who are clean are already apt for receiving the sacraments. + Now the unclean are of three kinds, according to Dionysius (Eccl. Hier. iii). For some are absolute unbelievers and unwilling + to believe; and these must be altogether debarred from beholding Divine things and from the assembly of the faithful; + this belongs to the doorkeepers. Some, however, are willing to believe, but are not as yet instructed, namely catechumens, + and to the instruction of such persons the Order of readers is directed, who are therefore entrusted with the reading of the + first rudiments of the doctrine of faith, namely the Old Testament. But some are believers and instructed, yet lie under an + impediment through the power of the devil, namely those who are possessed: and to this ministry the order of exorcists is + directed. Thus the reason and number of the degrees of Orders is made clear. + </p> + <p id="XP_Q37_A2-p8"> + <b>Reply to Objection 1:</b> Dionysius is speaking of the orders not as sacraments, but as directed to hierarchical actions. Wherefore he distinguishes + three Orders corresponding to those actions. The first of these Orders, namely the bishop, has all three actions; the second, + namely the priest, has two; while the third has one, namely to cleanse; this is the deacon who is called a minister: and under + this last all the lower Orders are comprised. But the Orders derive their + sacramental nature from their relation to the greatest of the sacraments, and consequently the number of Orders depends on + this. + </p> + <p id="XP_Q37_A2-p9"> + <b>Reply to Objection 2:</b> In the early Church, on account of the fewness of ministers, all the lower ministries were entrusted to the deacons, as Dionysius + says (Eccl. Hier. iii), where he says: "Some of the ministers stand at the closed door of the Church, others are otherwise + occupied in the exercise of their own order; others place the sacred bread and the chalice of benediction on the altar and + offer them to the priests." Nevertheless all the power to do all these things + was included in the one power of the deacon, though implicitly. But afterwards the Divine worship developed, and the Church + committed expressly to several persons that which had hitherto been committed implicitly in one Order. This is what the Master + means, when He says in the text (Sent. iv, D, 24) that the Church instituted other Orders. + </p> + <p id="XP_Q37_A2-p10"> + <b>Reply to Objection 3:</b> The orders are directed to the sacrament of the Eucharist chiefly, and to the other sacraments consequently, for even the + other sacraments flow from that which is contained in that sacrament. Hence it does not follow that the orders ought to be + distinguished according to the sacraments. + </p> + <p id="XP_Q37_A2-p11"> + <b>Reply to Objection 4:</b> The angels differ specifically [*Cf. + <a id="XP_Q37_A2-p11.1" shape="rect" href="summa.FP_Q50_A4.html">FP, Q[50], A[4]</a>]: for this reason it is possible for them to have various modes of receiving Divine things, and hence also they are divided + into various hierarchies. But in men there is only one hierarchy, because they have only one mode of receiving Divine things, + which results from the human species, namely through the images of sensible objects. Consequently the distinction of orders + in + the angels cannot bear any relation to a sacrament as it is with us, but only a relation to the hierarchical actions which + among them each Order exercises on the Orders below. In this respect our Orders correspond to theirs; since in our hierarchy + there are three Orders, distinguished according to the three hierarchical actions, even as in each angelic hierarchy. + </p> + <p id="XP_Q37_A2-p12"> + <b>Reply to Objection 5:</b> The office of psalmist is not an Order, but an office annexed to an Order. For the psalmist is also styled precentor because + the psalms are recited with chant. Now precentor is not the name of a special Order, both because it belongs to the whole + choir to sing, and because he has no special relation to the sacrament of the Eucharist. Since, however, it is a particular + office, it is sometimes reckoned among the Orders, taking these in a broad + sense. + </p> + <p id="XP_Q37_A2-p13"></p> + <p id="XP_Q37_A2-p14"></p> + <a href="summa.XP_Q37_A1.html"></a> + <a href="summa.XP_Q37_A3.html"></a> + </div> + <div id="XP_Q37_A3" class="div4"> + <a href="summa.XP_Q37_A2.html"></a> + <a href="summa.XP_Q37_A4.html"></a> + <h4 id="XP_Q37_A3-p0.1">Whether the Order should be divided into those that are sacred and those that are not?</h4> + <p id="XP_Q37_A3-p1"></p> + <p id="XP_Q37_A3-p2"> + <b>Objection 1:</b> It would seem that the Orders ought not to be divided into those that are sacred and those that are not. For all the Orders + are sacraments, and all the sacraments are sacred. Therefore all the Orders are sacred. + </p> + <p id="XP_Q37_A3-p3"> + <b>Objection 2:</b> Further, by the Orders of the Church a man is not appointed to any other than Divine offices. Now all these are sacred. Therefore + all the Orders also are sacred. + </p> + <p id="XP_Q37_A3-p4"> + <b>On the contrary,</b> The sacred Orders are an impediment to the contracting of marriage and annul the marriage that is already contracted. But + the four lower orders neither impede the contracting nor annul the contract. Therefore these are not sacred Orders. + </p> + <p id="XP_Q37_A3-p5"> + <b>I answer that,</b> An Order is said to be sacred in two ways. First, in itself, and thus every order is sacred, since it is a sacrament. Secondly, + by reason of the matter about which it exercises an act, and thus an Order is called sacred, if it exercises an act about + some consecrated thing. In this sense there are only three sacred Orders, namely the priesthood and diaconate, which exercise + an act about the consecrated body and blood of Christ, and the subdiaconate, which + exercises an act about the consecrated vessels. Wherefore continency is enjoined them, that they who handle holy things may + themselves be holy and clean. + </p> + <p id="XP_Q37_A3-p6"> This suffices for the Replies to the Objections.</p> + <p id="XP_Q37_A3-p7"></p> + <p id="XP_Q37_A3-p8"></p> + <a href="summa.XP_Q37_A2.html"></a> + <a href="summa.XP_Q37_A4.html"></a> + </div> + <div id="XP_Q37_A4" class="div4"> + <a href="summa.XP_Q37_A3.html"></a> + <a href="summa.XP_Q37_A5.html"></a> + <h4 id="XP_Q37_A4-p0.1">Whether the acts of the Orders are rightly assigned in the text?</h4> + <p id="XP_Q37_A4-p1"></p> + <p id="XP_Q37_A4-p2"> + <b>Objection 1:</b> It would seem that the acts of the Orders are not rightly assigned in the text (Sent. iv, D, 24). Because a person is prepared + by absolution to receive Christ's body. Now the preparation of the recipients of a sacrament belongs to the lower Orders. + Therefore absolution from sins is unfittingly reckoned among the acts of a priest. + </p> + <p id="XP_Q37_A4-p3"> + <b>Objection 2:</b> Further, man is made like to God immediately in Baptism, by receiving the character which causes this likeness. But prayer + and the offering of oblations are acts directed immediately to God. Therefore every baptized person can perform these acts, + and not priests alone. + </p> + <p id="XP_Q37_A4-p4"> + <b>Objection 3:</b> Further, different Orders have different acts. But it belongs to the subdeacon to place the oblations on the altar, and to + read the epistle; and subdeacons carry the cross before the Pope. Therefore these acts should not be assigned to the deacon. + </p> + <p id="XP_Q37_A4-p5"> + <b>Objection 4:</b> Further, the same truth is contained in the Old and in the New Testament. But it belongs to the readers to read the Old Testament. + Therefore it should belong to them likewise, and not to deacons, to read the New Testament. + </p> + <p id="XP_Q37_A4-p6"> + <b>Objection 5:</b> Further, the apostles preached naught else but the gospel of Christ ( + <a class="scripRef" id="XP_Q37_A4-p6.1" href="./asv.html#Rom.1.15" target="asv">Rom. 1:15</a>). But the teaching of the apostles is entrusted to subdeacons to be read by them. Therefore the Gospel teaching should be + also. + </p> + <p id="XP_Q37_A4-p7"> + <b>Objection 6:</b> Further, according to Dionysius (Eccl. Hier. v) that which belongs to a higher Order should not be applicable to a lower + Order. But it is an act of subdeacons to minister with the cruets. Therefore it should not be assigned to acolytes. + </p> + <p id="XP_Q37_A4-p8"> + <b>Objection 7:</b> Further, spiritual actions should rank above bodily actions. But the acolyte's act is merely corporeal. Therefore the exorcist + has not the spiritual act of casting out devils, since he is of inferior rank. + </p> + <p id="XP_Q37_A4-p9"> + <b>Objection 8:</b> Further, things that have most in common should be placed beside one another. Now the reading of the Old Testament must needs + have most in common with the reading of the New Testament, which latter belongs to the higher ministers. Therefore the reading + of the Old Testament should be reckoned the act, not of the reader, but rather of the acolyte; especially since the bodily + light which the acolytes carry signifies the light of spiritual doctrine. + </p> + <p id="XP_Q37_A4-p10"> + <b>Objection 9:</b> Further, in every act of a special Order, there should be some special power, which the person ordained has to the exclusion + of other persons. But in opening and shutting doors the doorkeeper has no special power that other men have not. Therefore + this should not be reckoned their act. + </p> + <p id="XP_Q37_A4-p11"> + <b>I answer that,</b> Since the consecration conferred in the sacrament of orders is directed to the sacrament of the Eucharist, as stated above + + <a id="XP_Q37_A4-p11.1" shape="rect" href="summa.XP_Q37_A2.html">(A[2])</a>, the principal act of each order is that whereby it is most nearly directed to the sacrament of the Eucharist. In this respect, + too, one order ranks above another, in so far as one act is more nearly directed to that same sacrament. But because many + things are directed to the Eucharist, as being the most + exalted of the sacraments, it follows not unfittingly that one Order has many acts besides its principal act, and all the + more, as it ranks higher, since a power extends to the more things, the higher it is. + </p> + <p id="XP_Q37_A4-p12"> + <b>Reply to Objection 1:</b> The preparation of the recipients of a sacrament is twofold. One is remote and is effected by the ministers: another is proximate, + whereby they are rendered apt at once for receiving the sacraments. This latter belongs to priests, since even in natural + things matter receives from one and the same agent both the ultimate disposition to the form, and the form itself. And since + a person acquires the proximate disposition to the Eucharist by being + cleansed from sin, it follows that the priest is the proper minister of all those sacraments which are chiefly instituted + for the cleansing of sins, namely Baptism, Penance, and Extreme Unction. + </p> + <p id="XP_Q37_A4-p13"> + <b>Reply to Objection 2:</b> Acts are directed immediately to God in two ways; in one way on the part of one person only, for instance the prayers of + individuals, vows, and so forth: such acts befit any baptized person. In another way on the part of the whole Church, and + thus the priest alone exercises acts immediately directed to God; because to impersonate the whole Church belongs to him alone + who consecrates the Eucharist, which is the sacrament of the universal Church. + </p> + <p id="XP_Q37_A4-p14"> + <b>Reply to Objection 3:</b> The offerings made by the people are offered through the priest. Hence a twofold ministry is necessary with regard to offerings. + One on the part of the people: and this belongs to the subdeacon who receives the offerings from the people and places them + on the altar or offers them to the deacon. the other is on the part of the priest, and belongs to the deacon, who hands the + offerings to the priest. This is the principal act of both Orders, and for + this reason the deacon's Order is the higher. But to read the epistle does not belong to a deacon, except as the acts of lower + Orders are ascribed to the higher; and in like manner to carry the cross. Moreover, this depends on the customs of Churches, + because in secondary acts it is not unfitting for customs to vary. + </p> + <p id="XP_Q37_A4-p15"> + <b>Reply to Objection 4:</b> Doctrine is a remote preparation for the reception of a sacrament; wherefore the announcement of doctrine is entrusted to + the ministers. But the doctrine of the Old Testament is more remote than that of the New Testament, since it contains no instruction + about this sacrament except in figures. Hence announcing of the New Testament is entrusted to the higher ministers, and that + of the Old Testament to the lower ministers. Moreover the doctrine of the + New Testament is more perfect as delivered by our Lord Himself, than as made known by His apostles. Wherefore the Gospel is + committed to deacons and the Epistle to subdeacons. + </p> + <p id="XP_Q37_A4-p16"> This suffices for the Reply to the Fifth Objection.</p> + <p id="XP_Q37_A4-p17"> + <b>Reply to Objection 6:</b> Acolytes exercise an act over the cruet alone, and not over the contents of the cruet; whereas the subdeacon exercises an + act over the contents of the cruet, because he handles the water and wine to the end that they be put into the chalice,* and + again he pours the water over the hands of the priest; and the deacon, like the subdeacon, exercises an act over the chalice + only, not over its contents, whereas the priest exercises an act over the contents. + [*The wording of St. Thomas is sufficiently vague to refer either to the Roman rite, where the priest pours the wine and water + into the chalice, or to the Dominican rite, where this is done by the subdeacon.] Wherefore as the subdeacon at his ordination + receives an empty chalice, while the priest receives a full chalice, so the acolyte receives an empty cruet, but the subdeacon + a full one. Thus there is a certain connection among the Orders. + </p> + <p id="XP_Q37_A4-p18"> + <b>Reply to Objection 7:</b> The bodily acts of the acolyte are more intimately connected with the act of Holy orders than the act of the exorcist, although + the latter is, in a fashion, spiritual. For the acolytes exercise a ministry over the vessels in which the sacramental matter + is contained, as regards the wine, which needs a vessel to hold it on account of its humidity. Hence of all the minor orders + the Order of acolytes is the highest. + </p> + <p id="XP_Q37_A4-p19"> + <b>Reply to Objection 8:</b> The act of the acolyte is more closely connected with the principal acts of the higher ministers, than the acts of the other + minor Orders, as is self-evident; and again as regards the secondary acts whereby they prepare the people by doctrine. For + the acolyte by bearing a light represents the doctrine of the New Testament in a visible manner, while the reader by his recital + represents it differently, wherefore the acolyte is of higher rank. It is the + same with the exorcist, for as the act of the reader is compared with the secondary act of the deacon and subdeacon, so is + the act of the exorcist compared with the secondary act of the priest, namely to bind and to loose, by which man is wholly + freed from the slavery of the devil. This, too, shows the degrees of Order to be most orderly. since only the three higher + Orders co-operate with the priest in his principal act which is to consecrate the body of Christ, while both the higher and + lower + Orders co-operate with him in his secondary act, which is to loose and bind. + </p> + <p id="XP_Q37_A4-p20"> + <b>Reply to Objection 9:</b> Some say that in receiving the Order the doorkeeper is given a Divine power to debar others from entering the Church, even + as Christ had, when He cast out the sellers from the Temple. But this belongs to a gratuitous grace rather than to a sacramental + grace. Wherefore we should reply that he receives the power to do this by virtue of his office, although others may do so, + but not officially. It is the case in all the acts of the minor Orders, that + they can be lawfully exercised by others, even though these have no office to that effect: just as Mass may be said in an + unconsecrated building, although the consecration of a church is directed to the purpose that Mass be said there. + </p> + <p id="XP_Q37_A4-p21"></p> + <p id="XP_Q37_A4-p22"></p> + <a href="summa.XP_Q37_A3.html"></a> + <a href="summa.XP_Q37_A5.html"></a> + </div> + <div id="XP_Q37_A5" class="div4"> + <a href="summa.XP_Q37_A4.html"></a> + <a href="summa.XP_Q38.html"></a> + <h4 id="XP_Q37_A5-p0.1">Whether the character is imprinted on a priest when the chalice is handed to him?</h4> + <p id="XP_Q37_A5-p1"></p> + <p id="XP_Q37_A5-p2"> + <b>Objection 1:</b> It would seem that the character is not imprinted on the priest at the moment when the chalice is handed to him. For the + consecration of a priest is done by anointing as in Confirmation. Now in Confirmation the character is imprinted at the moment + of anointing; and therefore in the priesthood also and not at the handing of the chalice. + </p> + <p id="XP_Q37_A5-p3"> + <b>Objection 2:</b> Further, our Lord gave His disciples the priestly power when He said ( + <a class="scripRef" id="XP_Q37_A5-p3.1" href="./asv.html#John.20.22" target="asv">Jn. 20:22,23</a>): "Receive ye the Holy Ghost: whose sins you shall forgive," etc. Now the Holy Ghost is given by the imposition of hands. + Therefore the character of order is given at the moment of the imposition of hands. + </p> + <p id="XP_Q37_A5-p4"> + <b>Objection 3:</b> Further, as the ministers are consecrated, even so are the ministers' vestments. Now the blessing alone consecrates the vestments. + Therefore the consecration of the priest also is effected by the mere blessing of the bishop. + </p> + <p id="XP_Q37_A5-p5"> + <b>Objection 4:</b> Further, as a chalice is handed to the priest, even so is the priestly vestment. Therefore if a character is imprinted at + the giving of the chalice, so likewise is there at the giving of the chasuble, and thus a priest would have two characters: + but this is false. + </p> + <p id="XP_Q37_A5-p6"> + <b>Objection 5:</b> Further, the deacon's order is more closely allied to the priest's Order than is the subdeacon's. But if a character is imprinted + on the priest at the moment of the handing of the chalice, the subdeacon would be more closely allied to the priest than the + deacon; because the subdeacon receives the character at the handing of the chalice and not the deacon. Therefore the priestly + character is not imprinted at the handing of the chalice. + </p> + <p id="XP_Q37_A5-p7"> + <b>Objection 6:</b> Further, the Order of acolytes approaches nearer to the priestly act by exercising an act over the cruet than by exercising + an act over the torch. Yet the character is imprinted on the acolytes when they receive the torch rather than when they receive + the cruet, because the name of acolyte signifies candle-bearer. Therefore the character is not imprinted on the priest when + he receives the chalice. + </p> + <p id="XP_Q37_A5-p8"> + <b>On the contrary,</b> The principal act of the priest's Order is to consecrate Christ's body. Now he receives the power to this effect at the handing + of the chalice. Therefore the character is imprinted on him then. + </p> + <p id="XP_Q37_A5-p9"> + <b>I answer that,</b> As stated above (A[4], ad 1), to cause the form and to give the matter its proximate preparation for the form belong to the + same agent. Wherefore the bishop in conferring orders does two things; for he prepares the candidates for the reception of + orders, and delivers to them the power of order. He prepares them, both by instructing them in their respective offices and + by doing something to them, so that they may be adapted to receive the power. This + preparation consists of three things, namely blessing, imposition of hands, and anointing. By the blessing they are enlisted + in the Divine service, wherefore the blessing is given to all. By the imposition of hands the fulness of grace is given, whereby + they are qualified for exalted duties, wherefore only deacons and priests receive the imposition of hands, because they are + competent to dispense the sacraments, although the latter as principal dispensers, the former as ministers. But by the + anointing they are consecrated for the purpose of handling the sacrament, wherefore the anointing is done to the priests alone + who touch the body of Christ with their own hands; even as a chalice is anointed because it holds the blood, and the paten + because it holds the body. + </p> + <p id="XP_Q37_A5-p10"> The conferring of power is effected by giving them something pertaining to their proper act. And since the principal act + of a priest is to consecrate the body and blood of Christ, the priestly character is imprinted at the very giving of the chalice + under the prescribed form of words. + </p> + <p id="XP_Q37_A5-p11"> + <b>Reply to Objection 1:</b> In Confirmation there is not given the office of exercising an act on an exterior matter, wherefore the character is not + imprinted in that sacrament at the handing of some particular thing, but at the mere imposition of hands and anointing. But + it is otherwise in the priestly Order, and consequently the comparison fails. + </p> + <p id="XP_Q37_A5-p12"> + <b>Reply to Objection 2:</b> Our Lord gave His disciples the priestly power, as regards the principal act, before His passion at the supper when He said: + "Take ye and eat" ( + <a class="scripRef" id="XP_Q37_A5-p12.1" href="./asv.html#Matt.26.26" target="asv">Mat. 26:26</a>), wherefore He added: "Do this for a commemoration of Me" ( + <a class="scripRef" id="XP_Q37_A5-p12.2" href="./asv.html#Luke.22.19" target="asv">Lk. 22:19</a>). After the resurrection, however, He gave them the priestly power, as to its secondary act, which is to bind and loose. + </p> + <p id="XP_Q37_A5-p13"> + <b>Reply to Objection 3:</b> Vestments require no other consecration except to be set aside for the Divine worship, wherefore the blessing suffices for + their consecration. But it is different with those who are ordained, as explained above. + </p> + <p id="XP_Q37_A5-p14"> + <b>Reply to Objection 4:</b> The priestly vestment signifies, not the power given to the priest, but the aptitude required of him for exercising the act + of that power. Wherefore a character is imprinted neither on the priest nor on anyone else at the giving of a vestment. + </p> + <p id="XP_Q37_A5-p15"> + <b>Reply to Objection 5:</b> The deacon's power is midway between the subdeacon's and the priest's. For the priest exercises a power directly on Christ's + body, the subdeacon on the vessels only, and the deacon on Christ's body contained in a vessel. Hence it is not for him to + touch Christ's body, but to carry the body on the paten, and to dispense the blood with the chalice. Consequently his power, + as to the principal act, could not be expressed, either by the giving of the + vessel only, or by the giving of the matter; and his power is expressed as to the secondary act alone, by his receiving the + book of the Gospels, and this power is understood to contain the other; wherefore the character is impressed at the handing + of the book. + </p> + <p id="XP_Q37_A5-p16"> + <b>Reply to Objection 6:</b> The act of the acolyte whereby he serves with the cruet ranks before his act of carrying the torch; although he takes his + name from the secondary act, because it is better known and more proper to him. Hence the acolyte receives the character when + he is given the cruet, by virtue of the words uttered by the bishop. + </p> + <p id="XP_Q37_A5-p17"></p> + <p id="XP_Q37_A5-p18"></p> + <a href="summa.XP_Q37_A4.html"></a> + <a href="summa.XP_Q38.html"></a> + </div> + <a href="summa.XP_Q36_A5.html"></a> + <a href="summa.XP_Q37_A1.html"></a> + </div> + <div id="XP_Q38" class="div3"> + <a href="summa.XP_Q37_A5.html"></a> + <a href="summa.XP_Q38_A1.html"></a> + <h3 id="XP_Q38-p0.1">OF THOSE WHO CONFER THIS SACRAMENT (TWO ARTICLES)</h3> + <p id="XP_Q38-p1"></p> + <p id="XP_Q38-p2"> We must now consider those who confer this sacrament. Under this head there are two points of inquiry:</p> + <p id="XP_Q38-p3"> (1) Whether a bishop alone can confer this sacrament?</p> + <p id="XP_Q38-p4"> (2) Whether a heretic or any other person cut off from the Church can confer this sacrament?</p> + <div id="XP_Q38_A1" class="div4"> + <a href="summa.XP_Q38.html"></a> + <a href="summa.XP_Q38_A2.html"></a> + <h4 id="XP_Q38_A1-p0.1">Whether a bishop alone confers the sacrament of Order?</h4> + <p id="XP_Q38_A1-p1"></p> + <p id="XP_Q38_A1-p2"> + <b>Objection 1:</b> It would seem that not only a bishop confers the sacrament of Order. For the imposition of hands has something to do with + the consecration. Now not only the bishop but also the assisting priests lay hands on the priests who are being ordained. + Therefore not only a bishop confers the sacrament of Order. + </p> + <p id="XP_Q38_A1-p3"> + <b>Objection 2:</b> Further, a man receives the power of Order, when that which pertains to the act of his Order is handed to him. Now the cruet + with water, bowl* and towel, are given to the subdeacon by the archdeacon; as also the candlestick with candle, and the empty + cruet to the acolyte. [*"Bacili." The rubric has "aquamanili." Some texts of the Summa have "mantili" ("maniple"), but the + archdeacon does not give the maniple to the subdeacon.] Therefore not only the bishop + confers the sacrament of Order. + </p> + <p id="XP_Q38_A1-p4"> + <b>Objection 3:</b> Further, that which belongs to an Order cannot be entrusted to one who has not the Order. Now the conferring of minor Orders + is entrusted to certain persons who are not bishops, for instance to Cardinal priests. Therefore the conferring of Orders + does not belong to the episcopal Order. + </p> + <p id="XP_Q38_A1-p5"> + <b>Objection 4:</b> Further, whoever is entrusted with the principal is entrusted with the accessory also. Now the sacrament of Order is directed + to the Eucharist, as accessory to principal. Since then a priest consecrates the Eucharist, he can also confer Orders. + </p> + <p id="XP_Q38_A1-p6"> + <b>Objection 5:</b> Further, there is a greater distinction between a priest and a deacon than between bishop and bishop. But a bishop can consecrate + a bishop. Therefore a priest can ordain a deacon. + </p> + <p id="XP_Q38_A1-p7"> + <b>On the contrary,</b> Ministers are applied by their Orders to the Divine worship in a more noble way than the sacred vessels. But the consecration + of the vessels belongs to a bishop only. Much more therefore does the consecration of ministers. + </p> + <p id="XP_Q38_A1-p8"> Further, the sacrament of Order ranks higher than the sacrament of Confirmation. Now a bishop alone confirms. Much more therefore + does a bishop alone confer the sacrament of Order. + </p> + <p id="XP_Q38_A1-p9"> Further, virgins are not placed in a degree of spiritual power by their consecration, as the ordained are. Yet a bishop alone + can consecrate a virgin. Therefore much more can he alone ordain. + </p> + <p id="XP_Q38_A1-p10"> + <b>I answer that,</b> The episcopal power stands in the same relation to the power of the lower Orders, as political science, which seeks the common + good, to the lower acts and virtues which seek some special good, as appears from what was said above ( + <a id="XP_Q38_A1-p10.1" shape="rect" href="summa.XP_Q37_A1.html">Q[37], A[1]</a>). Now political science, as stated in Ethic. i, 2, lays down the law to lower sciences, namely what science each one ought + to cultivate, and how far he should pursue it and in what way. Wherefore + it belongs to a bishop to assign others to places in all the Divine services. Hence he alone confirms, because those who are + confirmed receive the office, as it were, of confessing the faith; again he alone blesses virgins who are images of the Church, + Christ's spouse, the care of which is entrusted chiefly to him; and he it is who consecrates the candidates for ordination + to the ministry of Orders, and, by his consecration, appoints the vessels that they are to use; even as secular offices in + various cities are allotted by him who holds the highest power, for instance by the king. + </p> + <p id="XP_Q38_A1-p11"> + <b>Reply to Objection 1:</b> As stated above ( + <a id="XP_Q38_A1-p11.1" shape="rect" href="summa.XP_Q37_A5.html">Q[37], A[5]</a>), at the imposition of hands there is given, not the character of the priestly Order, but grace which makes a man fit to + exercise his Order. And since those who are raised to the priesthood need most copious grace, the priests together with the + bishop lay hands on them, but the bishop alone lays hands on deacons. + </p> + <p id="XP_Q38_A1-p12"> + <b>Reply to Objection 2:</b> Since the archdeacon is as it were minister-in-chief, all things pertaining to the ministry are handed by him, for instance + the candle with which the acolyte serves the deacon by carrying it before him at the Gospel, and the cruet with which he serves + the subdeacon; and in like manner he gives the subdeacon the things with which the latter serves the higher Orders. And yet + the principal act of the subdeacon does not consist in these things, but in his + co-operation as regards the matter of the sacrament; wherefore he receives the character through the chalice being handed + to him by the bishop. On the other hand, the acolyte receives the character by virtue of the words of the bishop when the + aforesaid things---the cruet rather than the candlestick---are handed to him by the archdeacon. Hence it does not follow that + the archdeacon ordains. + </p> + <p id="XP_Q38_A1-p13"> + <b>Reply to Objection 3:</b> The Pope, who has the fulness of episcopal power, can entrust one who is not a bishop with things pertaining to the episcopal + dignity, provided they bear no immediate relation to the true body of Christ. Hence by virtue of his commission a simple priest + can confer the minor Orders and confirm; but not one who is not a priest. Nor can a priest confer the higher Orders which + bear an immediate relation to Christ's body, over the consecration of which the + Pope's power is no greater than that of a simple priest. + </p> + <p id="XP_Q38_A1-p14"> + <b>Reply to Objection 4:</b> Although the Eucharist is in itself the greatest of the sacraments, it does not place a man in an office as does the sacrament + of Order. Hence the comparison fails. + </p> + <p id="XP_Q38_A1-p15"> + <b>Reply to Objection 5:</b> In order to bestow what one has on another, it is necessary not only to be near him but also to have fulness of power. And + since a priest has not fulness of power in the hierarchical offices, as a bishop has, it does not follow that he can raise + others to the diaconate, although the latter Order is near to his. + </p> + <p id="XP_Q38_A1-p16"></p> + <p id="XP_Q38_A1-p17"></p> + <a href="summa.XP_Q38.html"></a> + <a href="summa.XP_Q38_A2.html"></a> + </div> + <div id="XP_Q38_A2" class="div4"> + <a href="summa.XP_Q38_A1.html"></a> + <a href="summa.XP_Q39.html"></a> + <h4 id="XP_Q38_A2-p0.1">Whether heretics and those who are cut off from the Church can confer Orders? [*Cf. TP, Q[64], AA[5],9] </h4> + <p id="XP_Q38_A2-p1"></p> + <p id="XP_Q38_A2-p2"> + <b>Objection 1:</b> It would seem that heretics and those who are cut off from the Church cannot confer Orders. For to confer Orders is a greater + thing than to loose or bind anyone. But a heretic cannot loose or bind. Neither therefore can he ordain. + </p> + <p id="XP_Q38_A2-p3"> + <b>Objection 2:</b> Further, a priest that is separated from the Church can consecrate, because the character whence he derives this power remains + in him indelibly. But a bishop receives no character when he is raised to the episcopate. Therefore he does not necessarily + retain the episcopal power after his separation from the Church. + </p> + <p id="XP_Q38_A2-p4"> + <b>Objection 3:</b> Further, in no community can one who is expelled therefrom dispose of the offices of the community. Now Orders are offices + of the Church. Therefore one who is outside the Church cannot confer Orders. + </p> + <p id="XP_Q38_A2-p5"> + <b>Objection 4:</b> Further, the sacraments derive their efficacy from Christ's passion. Now a heretic is not united to Christ's passion; neither + by his own faith, since he is an unbeliever, nor by the faith of the Church, since he is severed from the Church. Therefore + he cannot confer the sacrament of Orders. + </p> + <p id="XP_Q38_A2-p6"> + <b>Objection 5:</b> Further, a blessing is necessary in the conferring of Orders. But a heretic cannot bless; in fact his blessing is turned + into a curse, as appears from the authorities quoted in the text (Sent. iv, D, 25). Therefore he cannot ordain. + </p> + <p id="XP_Q38_A2-p7"> + <b>On the contrary,</b> When a bishop who has fallen into heresy is reconciled he is not reconsecrated. Therefore he did not lose the power which + he had of conferring Orders. + </p> + <p id="XP_Q38_A2-p8"> Further, the power to ordain is greater than the power of Orders. But the power of Orders is not forfeited on account of + heresy and the like. Neither therefore is the power to ordain. + </p> + <p id="XP_Q38_A2-p9"> Further, as the one who baptizes exercises a merely outward ministry, so does one who ordains, while God works inwardly. + But one who is cut off from the Church by no means loses the power to baptize. Neither therefore does he lose the power to + ordain. + </p> + <p id="XP_Q38_A2-p10"> + <b>I answer that,</b> on this question four opinions are mentioned in the text (Sent. iv, D, 25). For some said that heretics, so long as they + are tolerated by the Church, retain the power to ordain, but not after they have been cut off from the Church; as neither + do those who have been degraded and the like. This is the first opinion. Yet this is impossible, because, happen what may, + no power that is given with a consecration can be taken away so long as the thing itself + remains, any more than the consecration itself can be annulled, for even an altar or chrism once consecrated remains consecrated + for ever. Wherefore, since the episcopal power is conferred by consecration, it must needs endure for ever, however much a + man may sin or be cut off from the Church. For this reason others said that those who are cut off from the Church after having + episcopal power in the Church, retain the power to ordain and raise others, but that those who are raised by them have + not this power. This is the fourth opinion. But this again is impossible, for if those who were ordained in the Church retain + the power they received, it is clear that by exercising their power they consecrate validly, and therefore they validly confer + whatever power is given with that consecration, and thus those who receive ordination or promotion from them have the same + power as they. Wherefore others said that even those who are cut off from the Church can confer Orders and the other + sacraments, provided they observe the due form and intention, both as to the first effect, which is the conferring of the + sacrament, and as to the ultimate effect which is the conferring of grace. This is the second opinion. But this again is inadmissible, + since by the very fact that a person communicates in the sacraments with a heretic who is cut off from the Church, he sins, + and thus approaches the sacrament insincerely and cannot obtain grace, except perhaps in Baptism in a case of + necessity. Hence others say that they confer the sacraments validly, but do not confer grace with them, not that the sacraments + are lacking in efficacy, but on account of the sins of those who receive the sacraments from such persons despite the prohibition + of the Church. This is the third and the true opinion. + </p> + <p id="XP_Q38_A2-p11"> + <b>Reply to Objection 1:</b> The effect of absolution is nothing else but the forgiveness of sins which results from grace, and consequently a heretic + cannot absolve, as neither can he confer grace in the sacraments. Moreover in order to give absolution it is necessary to + have jurisdiction, which one who is cut off from the Church has not. + </p> + <p id="XP_Q38_A2-p12"> + <b>Reply to Objection 2:</b> When a man is raised to the episcopate he receives a power which he retains for ever. This, however, cannot be called a character, + because a man is not thereby placed in direct relation to God, but to Christ's mystical body. Nevertheless it remains indelibly + even as the character, because it is given by consecration. + </p> + <p id="XP_Q38_A2-p13"> + <b>Reply to Objection 3:</b> Those who are ordained by heretics, although they receive an Order, do not receive the exercise thereof, so as to minister + lawfully in their Orders, for the very reason indicated in the Objection. + </p> + <p id="XP_Q38_A2-p14"> + <b>Reply to Objection 4:</b> They are united to the passion of Christ by the faith of the Church, for although in themselves they are severed from it, + they are united to it as regards the form of the Church which they observe. + </p> + <p id="XP_Q38_A2-p15"> + <b>Reply to Objection 5:</b> This refers to the ultimate effect of the sacraments, as the third opinion maintains. + </p> + <p id="XP_Q38_A2-p16"></p> + <p id="XP_Q38_A2-p17"></p> + <a href="summa.XP_Q38_A1.html"></a> + <a href="summa.XP_Q39.html"></a> + </div> + <a href="summa.XP_Q37_A5.html"></a> + <a href="summa.XP_Q38_A1.html"></a> + </div> + <div id="XP_Q39" class="div3"> + <a href="summa.XP_Q38_A2.html"></a> + <a href="summa.XP_Q39_A1.html"></a> + <h3 id="XP_Q39-p0.1">OF THE IMPEDIMENTS TO THIS SACRAMENT (SIX ARTICLES)</h3> + <p id="XP_Q39-p1"></p> + <p id="XP_Q39-p2"> We must next consider the impediments to this sacrament. Under this head there are six points of inquiry:</p> + <p id="XP_Q39-p3"> (1) Whether the female sex is an impediment to receiving this sacrament?</p> + <p id="XP_Q39-p4"> (2) Whether lack of the use of reason is?</p> + <p id="XP_Q39-p5"> (3) Whether the state of slavery is?</p> + <p id="XP_Q39-p6"> (4) Whether homicide is?</p> + <p id="XP_Q39-p7"> (5) Whether illegitimate birth is?</p> + <p id="XP_Q39-p8"> (6) Whether lack of members is?</p> + <div id="XP_Q39_A1" class="div4"> + <a href="summa.XP_Q39.html"></a> + <a href="summa.XP_Q39_A2.html"></a> + <h4 id="XP_Q39_A1-p0.1">Whether the female sex is an impediment to receiving Orders?</h4> + <p id="XP_Q39_A1-p1"></p> + <p id="XP_Q39_A1-p2"> + <b>Objection 1:</b> It would seem that the female sex is no impediment to receiving Orders. For the office of prophet is greater than the office + of priest, since a prophet stands midway between God and priests, just as the priest does between God and people. Now the + office of prophet was sometimes granted to women, as may be gathered from + <a class="scripRef" id="XP_Q39_A1-p2.1" href="./asv.html#." target="asv">4 Kings 22:14.</a> Therefore the office of priest also may be competent to them. + </p> + <p id="XP_Q39_A1-p3"> + <b>Objection 2:</b> Further, just as Order pertains to a kind of pre-eminence, so does a position of authority as well as martyrdom and the religious + state. Now authority is entrusted to women in the New Testament, as in the case of abbesses, and in the Old Testament, as + in the case of Debbora, who judged Israel ( + <a class="scripRef" id="XP_Q39_A1-p3.1" href="./asv.html#Judg.2" target="asv">Judges 2</a>). Moreover martyrdom and the religious life are also befitting to them. Therefore the Orders of the Church are also competent + to them. + </p> + <p id="XP_Q39_A1-p4"> + <b>Objection 3:</b> Further, the power of orders is founded in the soul. But sex is not in the soul. Therefore difference in sex makes no difference + to the reception of Orders. + </p> + <p id="XP_Q39_A1-p5"> + <b>On the contrary,</b> It is said ( + <a class="scripRef" id="XP_Q39_A1-p5.1" href="./asv.html#iTim.2.12" target="asv">1 Tim. 2:12</a>): "I suffer not a woman to teach (in the Church),* nor to use authority over the man." [*The words in parenthesis are from + + <a class="scripRef" id="XP_Q39_A1-p5.2" href="./asv.html#iCor.14.34" target="asv">1 Cor. 14:34, </a> "Let women keep silence in the churches."] + </p> + <p id="XP_Q39_A1-p6"> Further, the crown is required previous to receiving Orders, albeit not for the validity of the sacrament. But the crown + or tonsure is not befitting to women according to + <a class="scripRef" id="XP_Q39_A1-p6.1" href="./asv.html#iCor.11" target="asv">1 Cor. 11</a>. Neither therefore is the receiving of Orders. + </p> + <p id="XP_Q39_A1-p7"> + <b>I answer that,</b> Certain things are required in the recipient of a sacrament as being requisite for the validity of the sacrament, and if + such things be lacking, one can receive neither the sacrament nor the reality of the sacrament. Other things, however, are + required, not for the validity of the sacrament, but for its lawfulness, as being congruous to the sacrament; and without + these one receives the sacrament, but not the reality of the sacrament. Accordingly we must say + that the male sex is required for receiving Orders not only in the second, but also in the first way. Wherefore even though + a woman were made the object of all that is done in conferring Orders, she would not receive Orders, for since a sacrament + is a sign, not only the thing, but the signification of the thing, is required in all sacramental actions; thus it was stated + above ( + <a id="XP_Q39_A1-p7.1" shape="rect" href="summa.XP_Q32_A2.html">Q[32], A[2]</a>) that in Extreme Unction it is necessary to have a sick man, in order to signify + the need of healing. Accordingly, since it is not possible in the female sex to signify eminence of degree, for a woman is + in the state of subjection, it follows that she cannot receive the sacrament of Order. Some, however, have asserted that the + male sex is necessary for the lawfulness and not for the validity of the sacrament, because even in the Decretals (cap. Mulieres + dist. 32; cap. Diaconissam, 27, qu. i) mention is made of deaconesses and priestesses. But deaconess there denotes a woman + who shares in some act of a deacon, namely who reads the homilies in the Church; and priestess [presbytera] means a widow, + for the word "presbyter" means elder. + </p> + <p id="XP_Q39_A1-p8"> + <b>Reply to Objection 1:</b> Prophecy is not a sacrament but a gift of God. Wherefore there it is not the signification, but only the thing which is necessary. + And since in matters pertaining to the soul woman does not differ from man as to the thing (for sometimes a woman is found + to be better than many men as regards the soul), it follows that she can receive the gift of prophecy and the like, but not + the sacrament of Orders. + </p> + <p id="XP_Q39_A1-p9"> And thereby appears the Reply to the Second and Third Objections. However, as to abbesses, it is said that they have not + ordinary authority, but delegated as it were, on account of the danger of men and women living together. But Debbora exercised + authority in temporal, not in priestly matters, even as now woman may have temporal power. + </p> + <p id="XP_Q39_A1-p10"></p> + <p id="XP_Q39_A1-p11"></p> + <a href="summa.XP_Q39.html"></a> + <a href="summa.XP_Q39_A2.html"></a> + </div> + <div id="XP_Q39_A2" class="div4"> + <a href="summa.XP_Q39_A1.html"></a> + <a href="summa.XP_Q39_A3.html"></a> + <h4 id="XP_Q39_A2-p0.1">Whether boys and those who lack the use of reason can receive Orders?</h4> + <p id="XP_Q39_A2-p1"></p> + <p id="XP_Q39_A2-p2"> + <b>Objection 1:</b> It would seem that boys and those who lack the use of reason cannot receive Orders. For, as stated in the text (Sent. iv, + D, 25), the sacred canons have appointed a certain fixed age in those who receive Orders. But this would not be if boys could + receive the sacrament of Orders. Therefore, etc. + </p> + <p id="XP_Q39_A2-p3"> + <b>Objection 2:</b> Further, the sacrament of Orders ranks above the sacrament of matrimony. Now children and those who lack the use of reason + cannot contract matrimony. Neither therefore can they receive Orders. + </p> + <p id="XP_Q39_A2-p4"> + <b>Objection 3:</b> Further, act and power are in the same subject, according to the Philosopher (De Somn. et Vigil. i). Now the act of Orders + requires the use of reason. Therefore the power of Orders does also. + </p> + <p id="XP_Q39_A2-p5"> + <b>On the contrary,</b> one who is raised to Orders before the age of discretion is sometimes allowed to exercise them without being reordained, + as appears from Extra., De Cler. per salt. prom. But this would not be the case if he had not received Orders. Therefore a + boy can receive Orders. + </p> + <p id="XP_Q39_A2-p6"> Further, boys can receive other sacraments in which a character is imprinted, namely Baptism and Confirmation. Therefore + in like manner they can receive Orders. + </p> + <p id="XP_Q39_A2-p7"> + <b>I answer that,</b> Boyhood and other defects which remove the use of reason occasion an impediment to act. Wherefore the like are unfit to receive + all those sacraments which require an act on the part of the recipient of the sacrament, such as Penance, Matrimony, and so + forth. But since infused powers like natural powers precede acts---although acquired powers follow acts---and the removal + of that which comes after does not entail the removal of what comes first, it follows + that children and those who lack the use of reason can receive all the sacraments in which an act on the part of the recipient + is not required for the validity of the sacrament, but some spiritual power is conferred from above; with this difference, + however, that in the minor orders the age of discretion is required out of respect for the dignity of the sacrament, but not + for its lawfulness, nor for its validity. Hence some can without sin be raised to the minor orders before the years of + discretion, if there be an urgent reason for it and hope of their proficiency. and they are validly ordained; for although + at the time they are not qualified for the offices entrusted to them, they will become qualified by being habituated thereto. + For the higher Orders, however, the use of reason is required both out of respect for, and for the lawfulness of the sacrament, + not only on account of the vow of continency annexed thereto, but also because the handling of the sacraments is entrusted + to them [*See Acts of the Council of Trent: De Reform., Sess. xxii, cap. 4,11,12]. But for the episcopate whereby a man receives + power also over the mystical body, the act of accepting the pastoral care of souls is required; wherefore the use of reason + is necessary for the validity of episcopal consecration. Some, however, maintain that the use of reason is necessary for the + validity of the sacrament in all the Orders. but this statement is not confirmed either by authority or by reason. + </p> + <p id="XP_Q39_A2-p8"> + <b>Reply to Objection 1:</b> As stated in the Article, not all that is necessary for the lawfulness of a sacrament is required for its validity. + </p> + <p id="XP_Q39_A2-p9"> + <b>Reply to Objection 2:</b> The cause of matrimony is consent, which cannot be without the use of reason. Whereas in the reception of Orders no act is + required on the part of the recipients since no act on their part is expressed in their consecration. Hence there is no comparison. + </p> + <p id="XP_Q39_A2-p10"> + <b>Reply to Objection 3:</b> Act and power are in the same subject; yet sometimes a power, such as the free-will, precedes its act; and thus it is in + the case in point. + </p> + <p id="XP_Q39_A2-p11"></p> + <p id="XP_Q39_A2-p12"></p> + <a href="summa.XP_Q39_A1.html"></a> + <a href="summa.XP_Q39_A3.html"></a> + </div> + <div id="XP_Q39_A3" class="div4"> + <a href="summa.XP_Q39_A2.html"></a> + <a href="summa.XP_Q39_A4.html"></a> + <h4 id="XP_Q39_A3-p0.1">Whether the state of slavery is an impediment to receiving Orders?</h4> + <p id="XP_Q39_A3-p1"></p> + <p id="XP_Q39_A3-p2"> + <b>Objection 1:</b> It would seem that the state of slavery is not an impediment to receiving Orders. For corporal subjection is not incompatible + with spiritual authority. But in a slave there is corporal subjection. Therefore he is not hindered from receiving the spiritual + authority which is given in orders. + </p> + <p id="XP_Q39_A3-p3"> + <b>Objection 2:</b> Further, that which is an occasion for humility should not be an impediment to the reception of a sacrament. Now such is + slavery, for the Apostle counsels a man, if possible, rather to remain in slavery ( + <a class="scripRef" id="XP_Q39_A3-p3.1" href="./asv.html#iCor.7.21" target="asv">1 Cor. 7:21</a>). Therefore it should not hinder him from being raised to Orders. + </p> + <p id="XP_Q39_A3-p4"> + <b>Objection 3:</b> Further, it is more disgraceful for a cleric to become a slave than for a slave to be made a cleric. Yet a cleric may lawfully + be sold as a slave; for a bishop of Nola, Paulinus, to wit, sold himself as a slave as related by Gregory (Dial. iii). Much + more therefore can a slave be made a cleric. + </p> + <p id="XP_Q39_A3-p5"> + <b>Objection 4:</b> On the contrary, It would seem that it is an impediment to the validity of the sacrament. For a woman, on account of her + subjection, cannot receive the sacrament of Orders. But greater still is the subjection in a slave; since woman was not given + to man as his handmaid (for which reason she was not made from his feet). Therefore neither can a slave receive this sacrament. + </p> + <p id="XP_Q39_A3-p6"> + <b>Objection 5:</b> Further, a man, from the fact that he receives an Order, is bound to minister in that Order. But he cannot at the same time + serve his carnal master and exercise his spiritual ministry. Therefore it would seem that he cannot receive Orders, since + the master must be indemnified. + </p> + <p id="XP_Q39_A3-p7"> + <b>I answer that,</b> By receiving Orders a man pledges himself to the Divine offices. And since no man can give what is not his, a slave who has + not the disposal of himself, cannot be raised to Orders. If, however, he be raised, he receives the Order, because freedom + is not required for the validity of the sacrament, although it is requisite for its lawfulness, since it hinders not the power, + but the act only. The same reason applies to all who are under an obligation to others, + such as those who are in debt and like persons. + </p> + <p id="XP_Q39_A3-p8"> + <b>Reply to Objection 1:</b> The reception of spiritual power involves also an obligation to certain bodily actions, and consequently it is hindered by + bodily subjection. + </p> + <p id="XP_Q39_A3-p9"> + <b>Reply to Objection 2:</b> A man may take an occasion for humility from many other things which do not prove a hindrance to the exercise of Orders. + </p> + <p id="XP_Q39_A3-p10"> + <b>Reply to Objection 3:</b> The blessed Paulinus did this out of the abundance of his charity, being led by the spirit of God; as was proved by the result + of his action, since by his becoming a slave, many of his flock were freed from slavery. Hence we must not draw a conclusion + from this particular instance, since "where the spirit of the Lord is, there is liberty" ( + <a class="scripRef" id="XP_Q39_A3-p10.1" href="./asv.html#iiCor.3.17" target="asv">2 Cor. 3:17</a>). + </p> + <p id="XP_Q39_A3-p11"> + <b>Reply to Objection 4:</b> The sacramental signs signify by reason of their natural likeness. Now a woman is a subject by her nature, whereas a slave + is not. Hence the comparison fails. + </p> + <p id="XP_Q39_A3-p12"> + <b>Reply to Objection 5:</b> If he be ordained, his master knowing and not dissenting, by this very fact he becomes a freedman. But if his master be in + ignorance, the bishop and he who presented him are bound to pay the master double the slave's value, if they knew him to be + a slave. Otherwise if the slave has possessions of his own, he is bound to buy his freedom, else he would have to return to + the bondage of his master, notwithstanding the impossibility of his exercising his + Order. + </p> + <p id="XP_Q39_A3-p13"></p> + <p id="XP_Q39_A3-p14"></p> + <a href="summa.XP_Q39_A2.html"></a> + <a href="summa.XP_Q39_A4.html"></a> + </div> + <div id="XP_Q39_A4" class="div4"> + <a href="summa.XP_Q39_A3.html"></a> + <a href="summa.XP_Q39_A5.html"></a> + <h4 id="XP_Q39_A4-p0.1">Whether a man should be debarred from receiving Orders on account of homicide?</h4> + <p id="XP_Q39_A4-p1"></p> + <p id="XP_Q39_A4-p2"> + <b>Objection 1:</b> It would seem that a man ought not to be debarred from receiving Orders on account of homicide. Because our Orders originated + with the office of the Levites, as stated in the previous Distinction (Sent. iv, D, 24). But the Levites consecrated their + hands by shedding the blood of their brethren ( + <a class="scripRef" id="XP_Q39_A4-p2.1" href="./asv.html#Exod.32.29" target="asv">Ex. 32:29</a>). Therefore neither should anyone in the New Testament be debarred from receiving Orders on account of the shedding of blood. + </p> + <p id="XP_Q39_A4-p3"> + <b>Objection 2:</b> Further, no one should be debarred from a sacrament on account of an act of virtue. Now blood is sometimes shed for justice' + sake, for instance by a judge; and he who has the office would sin if he did not shed it. Therefore he is not hindered on + that account from receiving Orders. + </p> + <p id="XP_Q39_A4-p4"> + <b>Objection 3:</b> Further, punishment is not due save for a fault. Now sometimes a person commits homicide without fault, for instance by defending + himself, or again by mishap. Therefore he ought not to incur the punishment of irregularity. + </p> + <p id="XP_Q39_A4-p5"> + <b>On the contrary,</b> Against this there are many canonical statutes [*Cap. Miror; cap. Clericum; cap. De his Cler., dist. 1; cap. Continebatur, + De homic. volunt.], as also the custom of the Church. + </p> + <p id="XP_Q39_A4-p6"> + <b>I answer that,</b> All the Orders bear a relation to the sacrament of the Eucharist, which is the sacrament of the peace vouchsafed to us by + the shedding of Christ's blood. And since homicide is most opposed to peace, and those who slay are conformed to Christ's + slayers rather than to Christ slain, to whom all the ministers of the aforesaid sacrament ought to be conformed, it follows + that it is unlawful, although not invalid, for homicides to be raised to Orders. + </p> + <p id="XP_Q39_A4-p7"> + <b>Reply to Objection 1:</b> The Old Law inflicted the punishment of blood, whereas the New Law does not. Hence the comparison fails between the ministers + of the Old Testament and those of the New, which is a sweet yoke and a light burden ( + <a class="scripRef" id="XP_Q39_A4-p7.1" href="./asv.html#Matt.11.30" target="asv">Mat. 11:30</a>). + </p> + <p id="XP_Q39_A4-p8"> + <b>Reply to Objection 2:</b> Irregularity is incurred not only on account of sin, but chiefly on account of a person being unfit to administer the sacrament + of the Eucharist. Hence the judge and all who take part with him in a cause of blood, are irregular, because the shedding + of blood is unbecoming to the ministers of that sacrament. + </p> + <p id="XP_Q39_A4-p9"> + <b>Reply to Objection 3:</b> No one does a thing without being the cause thereof, and in man this is something voluntary. Hence he who by mishap slays + a man without knowing that it is a man, is not called a homicide, nor does he incur irregularity (unless he was occupying + himself in some unlawful manner, or failed to take sufficient care, since in this case the slaying becomes somewhat voluntary). + But this is not because he is not in fault, since irregularity is incurred even + without fault. Wherefore even he who in a particular case slays a man in self-defense without committing a sin, is none the + less irregular [*St. Thomas is speaking according to the canon law of his time. This is no longer the case now.]. + </p> + <p id="XP_Q39_A4-p10"></p> + <p id="XP_Q39_A4-p11"></p> + <a href="summa.XP_Q39_A3.html"></a> + <a href="summa.XP_Q39_A5.html"></a> + </div> + <div id="XP_Q39_A5" class="div4"> + <a href="summa.XP_Q39_A4.html"></a> + <a href="summa.XP_Q39_A6.html"></a> + <h4 id="XP_Q39_A5-p0.1">Whether those of illegitimate birth should be debarred from receiving Orders?</h4> + <p id="XP_Q39_A5-p1"></p> + <p id="XP_Q39_A5-p2"> + <b>Objection 1:</b> It would seem that those who are of illegitimate birth should not be debarred from receiving Orders. For the son should not + bear the iniquity of the father ( + <a class="scripRef" id="XP_Q39_A5-p2.1" href="./asv.html#Ezek.18.20" target="asv">Ezech. 18:20</a>); and yet he would if this were an impediment to his receiving Orders. Therefore, etc. + </p> + <p id="XP_Q39_A5-p3"> + <b>Objection 2:</b> Further, one's own fault is a greater impediment than the fault of another. Now unlawful intercourse does not always debar + a man from receiving Orders. Therefore neither should he be debarred by the unlawful intercourse of his father. + </p> + <p id="XP_Q39_A5-p4"> + <b>On the contrary,</b> It is written ( + <a class="scripRef" id="XP_Q39_A5-p4.1" href="./asv.html#Deut.23.2" target="asv">Dt. 23:2</a>): "A mamzer, that is to say, one born of a prostitute, shall not enter into the Church of the Lord until the tenth generation." + Much less therefore should he be ordained. + </p> + <p id="XP_Q39_A5-p5"> + <b>I answer that,</b> Those who are ordained are placed in a position of dignity over others. Hence by a kind of propriety it is requisite that + they should be without reproach, not for the validity but for the lawfulness of the sacrament, namely that they should be + of good repute, bedecked with a virtuous life, and not publicly penitent. And since a man's good name is bedimmed by a sinful + origin, therefore those also who are born of an unlawful union are debarred from receiving + orders, unless they receive a dispensation; and this is the more difficult to obtain, according as their origin is more discreditable. + </p> + <p id="XP_Q39_A5-p6"> + <b>Reply to Objection 1:</b> Irregularity is not a punishment due for sin. Hence it is clear that those who are of illegitimate birth do not bear the + iniquity of their father through being irregular. + </p> + <p id="XP_Q39_A5-p7"> + <b>Reply to Objection 2:</b> What a man does by his own act can be removed by repentance and by a contrary act; not so the things which are from nature. + Hence the comparison fails between sinful act and sinful origin. + </p> + <p id="XP_Q39_A5-p8"></p> + <p id="XP_Q39_A5-p9"></p> + <a href="summa.XP_Q39_A4.html"></a> + <a href="summa.XP_Q39_A6.html"></a> + </div> + <div id="XP_Q39_A6" class="div4"> + <a href="summa.XP_Q39_A5.html"></a> + <a href="summa.XP_Q40.html"></a> + <h4 id="XP_Q39_A6-p0.1">Whether lack of members should be an impediment?</h4> + <p id="XP_Q39_A6-p1"></p> + <p id="XP_Q39_A6-p2"> + <b>Objection 1:</b> It would seem that a man ought not to be debarred from receiving Orders on account of a lack of members. For one who is afflicted + should not receive additional affliction. Therefore a man ought not to be deprived of the degree of Orders on account of his + suffering a bodily defect. + </p> + <p id="XP_Q39_A6-p3"> + <b>Objection 2:</b> Further, integrity of discretion is more necessary for the act of orders than integrity of body. But some can be ordained + before the years of discretion. Therefore they can also be ordained though deficient in body. + </p> + <p id="XP_Q39_A6-p4"> + <b>On the contrary,</b> The like were debarred from the ministry of the Old Law ( + <a class="scripRef" id="XP_Q39_A6-p4.1" href="./asv.html#Lev.21.18" target="asv">Lev. 21:18, </a> seqq.). Much more therefore should they be debarred in the New Law. + </p> + <p id="XP_Q39_A6-p5"> We shall speak of bigamy in the treatise on Matrimony ( + <a id="XP_Q39_A6-p5.1" shape="rect" href="summa.XP_Q66.html">Q[66])</a>. + </p> + <p id="XP_Q39_A6-p6"> + <b>I answer that,</b> As appears from what we have said above ( + <a id="XP_Q39_A6-p6.1" shape="rect" href="summa.XP_Q39_A3.html">AA[3]</a>,4,5), a man is disqualified from receiving Orders, either on account of an impediment to the act, or on account of an impediment + affecting his personal comeliness. Hence he who suffers from a lack of members is debarred from receiving Orders, if the defect + be such as to cause a notable blemish, whereby a man's comeliness is bedimmed (for instance if his nose be cut off) or the + exercise + of his Order imperilled; otherwise he is not debarred. This integrity, however, is necessary for the lawfulness and not for + the validity of the sacrament. + </p> + <p id="XP_Q39_A6-p7"> This suffices for the Replies to the Objections.</p> + <p id="XP_Q39_A6-p8"></p> + <p id="XP_Q39_A6-p9"></p> + <a href="summa.XP_Q39_A5.html"></a> + <a href="summa.XP_Q40.html"></a> + </div> + <a href="summa.XP_Q38_A2.html"></a> + <a href="summa.XP_Q39_A1.html"></a> + </div> + <div id="XP_Q40" class="div3"> + <a href="summa.XP_Q39_A6.html"></a> + <a href="summa.XP_Q40_A1.html"></a> + <h3 id="XP_Q40-p0.1">OF THE THINGS ANNEXED TO THE SACRAMENT OF ORDER (SEVEN ARTICLES)</h3> + <p id="XP_Q40-p1"></p> + <p id="XP_Q40-p2"> We must now consider the things that are annexed to the sacrament of Order. Under this head there are seven points of inquiry:</p> + <p id="XP_Q40-p3"> (1) Whether those who are ordained ought to be shaven and tonsured in the form of a crown?</p> + <p id="XP_Q40-p4"> (2) Whether the tonsure is an Order?</p> + <p id="XP_Q40-p5"> (3) Whether by receiving the tonsure one renounces temporal goods?</p> + <p id="XP_Q40-p6"> (4) Whether above the priestly Order there should be an episcopal power?</p> + <p id="XP_Q40-p7"> (5) Whether the episcopate is an Order?</p> + <p id="XP_Q40-p8"> (6) Whether in the Church there can be any power above the episcopate?</p> + <p id="XP_Q40-p9"> (7) Whether the vestments of the ministers are fittingly instituted by the Church?</p> + <div id="XP_Q40_A1" class="div4"> + <a href="summa.XP_Q40.html"></a> + <a href="summa.XP_Q40_A2.html"></a> + <h4 id="XP_Q40_A1-p0.1">Whether those who are ordained ought to wear the tonsure?</h4> + <p id="XP_Q40_A1-p1"></p> + <p id="XP_Q40_A1-p2"> + <b>Objection 1:</b> It would seem that those who are ordained ought not to wear the tonsure in the shape of a crown. For the Lord threatened + captivity and dispersion to those who were shaven in this way: "Of the captivity of the bare head of the enemies" ( + <a class="scripRef" id="XP_Q40_A1-p2.1" href="./asv.html#Deut.32.42" target="asv">Dt. 32:42</a>), and: "I will scatter into every wind them that have their hair cut round" ( + <a class="scripRef" id="XP_Q40_A1-p2.2" href="./asv.html#Jer.49.32" target="asv">Jer. 49:32</a>). Now the ministers of Christ should not be captives, but free. Therefore shaving and + tonsure in the shape of a crown does not become them. + </p> + <p id="XP_Q40_A1-p3"> + <b>Objection 2:</b> Further, the truth should correspond to the figure. Now the crown was prefigured in the Old Law by the tonsure of the Nazarenes, + as stated in the text (Sent. iv, D, 24). Therefore since the Nazarenes were not ordained to the Divine ministry, it would + seem that the ministers of the Church should not receive the tonsure or shave the head in the form of a crown. The same would + seem to follow from the fact that lay brothers, who are not ministers of the Church, + receive a tonsure in the religious Orders. + </p> + <p id="XP_Q40_A1-p4"> + <b>Objection 3:</b> Further, the hair signifies superabundance, because it grows from that which is superabundant. But the ministers of the Church + should cast off all superabundance. Therefore they should shave the head completely and not in the shape of a crown. + </p> + <p id="XP_Q40_A1-p5"> + <b>On the contrary,</b> According to Gregory, "to serve God is to reign" (Super + <a class="scripRef" id="XP_Q40_A1-p5.1" href="./asv.html#Ps.101.23" target="asv"> Ps. 101:23</a>). Now a crown is the sign of royalty. Therefore a crown is becoming to those who are devoted to the Divine ministry. + </p> + <p id="XP_Q40_A1-p6"> Further, according to + <a class="scripRef" id="XP_Q40_A1-p6.1" href="./asv.html#iCor.11.15" target="asv">1 Cor. 11:15, </a> hair is given us "for a covering." But the ministers of the altar should have the mind uncovered. Therefore the tonsure is + becoming to them. + </p> + <p id="XP_Q40_A1-p7"> + <b>I answer that,</b> It is becoming for those who apply themselves to the Divine ministry to be shaven or tonsured in the form of a crown by reason + of the shape. Because a crown is the sign of royalty; and of perfection, since it is circular; and those who are appointed + to the Divine service acquire a royal dignity and ought to be perfect in virtue. It is also becoming to them as it involves + the hair being taken both from the higher part of the head by shaving, lest their mind + be hindered by temporal occupations from contemplating Divine things, and from the lower part by clipping, lest their senses + be entangled in temporal things. + </p> + <p id="XP_Q40_A1-p8"> + <b>Reply to Objection 1:</b> The Lord threatens those who did this for the worship of demons. + </p> + <p id="XP_Q40_A1-p9"> + <b>Reply to Objection 2:</b> The things that were done in the Old Testament represent imperfectly the things of the New Testament. Hence things pertaining + to the ministers of the New Testament were signified not only by the offices of the Levites, but also by all those persons + who professed some degree of perfection. Now the Nazarenes professed a certain perfection by having their hair cut off, thus + signifying their contempt of temporal things, although they did not have it cut + in the shape of a crown, but cut it off completely, for as yet it was not the time of the royal and perfect priesthood. In + like manner lay brothers have their hair cut because they renounce temporalities. but they do not shave the head, because + they are not occupied in the Divine ministry, so as to have to contemplate Divine things with the mind. + </p> + <p id="XP_Q40_A1-p10"> + <b>Reply to Objection 3:</b> Not only the renunciation of temporalities, but also the royal dignity has to be signified by the form of a crown; wherefore + the hair should not be cut off entirely. Another reason is that this would be unbecoming. + </p> + <p id="XP_Q40_A1-p11"></p> + <p id="XP_Q40_A1-p12"></p> + <a href="summa.XP_Q40.html"></a> + <a href="summa.XP_Q40_A2.html"></a> + </div> + <div id="XP_Q40_A2" class="div4"> + <a href="summa.XP_Q40_A1.html"></a> + <a href="summa.XP_Q40_A3.html"></a> + <h4 id="XP_Q40_A2-p0.1">Whether the tonsure is an Order?</h4> + <p id="XP_Q40_A2-p1"></p> + <p id="XP_Q40_A2-p2"> + <b>Objection 1:</b> It would seem that the tonsure is an Order. For in the acts of the Church the spiritual corresponds to the corporal. Now + the tonsure is a corporal sign employed by the Church. Therefore seemingly there is some interior signification corresponding + thereto; so that a person receives a character when he receives the tonsure, and consequently the latter is an Order. + </p> + <p id="XP_Q40_A2-p3"> + <b>Objection 2:</b> Further, just as Confirmation and the other Orders are given by a bishop alone, so is the tonsure. Now a character is imprinted + in Confirmation, and the other Orders. Therefore one is imprinted likewise in receiving the tonsure. Therefore the same conclusion + follows. + </p> + <p id="XP_Q40_A2-p4"> + <b>Objection 3:</b> Further, Order denotes a degree of dignity. Now a cleric by the very fact of being a cleric is placed on a degree above the + people. Therefore the tonsure by which he is made a cleric is an Order. + </p> + <p id="XP_Q40_A2-p5"> + <b>On the contrary,</b> No Order is given except during the celebration of Mass. But the tonsure is given even outside the office of the Mass. Therefore + it is not an Order. + </p> + <p id="XP_Q40_A2-p6"> Further, in the conferring of every Order mention is made of some power granted, but not in the conferring of the tonsure. + Therefore it is not an Order. + </p> + <p id="XP_Q40_A2-p7"> + <b>I answer that,</b> The ministers of the Church are severed from the people in order that they may give themselves entirely to the Divine worship. + Now in the Divine worship are certain actions that have to be exercised by virtue of certain definite powers, and for this + purpose the spiritual power of order is given; while other actions are performed by the whole body of ministers in common, + for instance the recital of the Divine praises. For such things it is not necessary to + have the power of Order, but only to be deputed to such an office; and this is done by the tonsure. Consequently it is not + an Order but a preamble to Orders. + </p> + <p id="XP_Q40_A2-p8"> + <b>Reply to Objection 1:</b> The tonsure has some spiritual thing inwardly corresponding to it, as signate corresponds to sign; but this is not a spiritual + power. Wherefore a character is not imprinted in the tonsure as in an Order. + </p> + <p id="XP_Q40_A2-p9"> + <b>Reply to Objection 2:</b> Although a man does not receive a character in the tonsure, nevertheless he is appointed to the Divine worship. Hence this + appointment should be made by the supreme minister, namely the bishop, who moreover blesses the vestments and vessels and + whatsoever else is employed in the Divine worship. + </p> + <p id="XP_Q40_A2-p10"> + <b>Reply to Objection 3:</b> A man through being a cleric is in a higher state than a layman; but as regards power he has not the higher degree that is + required for Orders. + </p> + <p id="XP_Q40_A2-p11"></p> + <p id="XP_Q40_A2-p12"></p> + <a href="summa.XP_Q40_A1.html"></a> + <a href="summa.XP_Q40_A3.html"></a> + </div> + <div id="XP_Q40_A3" class="div4"> + <a href="summa.XP_Q40_A2.html"></a> + <a href="summa.XP_Q40_A4.html"></a> + <h4 id="XP_Q40_A3-p0.1">Whether by receiving the tonsure a man renounces temporal goods?</h4> + <p id="XP_Q40_A3-p1"></p> + <p id="XP_Q40_A3-p2"> + <b>Objection 1:</b> It would seem that men renounce temporal goods by receiving the tonsure, for when they are tonsured they say: "The Lord is + the portion of my inheritance." But as Jerome says (Ep. ad Nepot.), "the Lord disdains to be made a portion together with + these temporal things." Therefore he renounces temporalities. + </p> + <p id="XP_Q40_A3-p3"> + <b>Objection 2:</b> Further, the justice of the ministers of the New Testament ought to abound more than that of the ministers of the Old Testament + ( + <a class="scripRef" id="XP_Q40_A3-p3.1" href="./asv.html#Matt.5.20" target="asv">Mat. 5:20</a>). But the ministers of the Old Testament, namely the Levites, did not receive a portion of inheritance with their brethren + ( + <a class="scripRef" id="XP_Q40_A3-p3.2" href="./asv.html#Deut.10" target="asv">Dt. 10</a>; + <a class="scripRef" id="XP_Q40_A3-p3.3" href="./asv.html#Deut.18" target="asv">Dt. 18</a>). Therefore neither should the ministers of the New Testament. + </p> + <p id="XP_Q40_A3-p4"> + <b>Objection 3:</b> Further, Hugh says (De Sacram. ii) that "after a man is made a cleric, he must from thenceforward live on the pay of the + Church." But this would not be so were he to retain his patrimony. Therefore he would seem to renounce it by becoming a cleric. + </p> + <p id="XP_Q40_A3-p5"> + <b>On the contrary,</b> Jeremias was of the priestly order ( + <a class="scripRef" id="XP_Q40_A3-p5.1" href="./asv.html#Jer.1.1" target="asv">Jer. 1:1</a>). Yet he retained possession of his inheritance ( + <a class="scripRef" id="XP_Q40_A3-p5.2" href="./asv.html#Jer.32.8" target="asv">Jer. 32:8</a>). Therefore clerics can retain their patrimony. + </p> + <p id="XP_Q40_A3-p6"> Further, if this were not so there would seem to be no difference between religious and the secular clergy.</p> + <p id="XP_Q40_A3-p7"> + <b>I answer that,</b> Clerics by receiving the tonsure, do not renounce their patrimony or other temporalities; since the possession of earthly + things is not contrary to the Divine worship to which clerics are appointed, although excessive care for such things is; for + as Gregory says (Moral. x, 30), "it is not wealth but the love of wealth that is sinful." + </p> + <p id="XP_Q40_A3-p8"> + <b>Reply to Objection 11:</b> The Lord disdains to be a portion as being loved equally with other things, so that a man place his end in God and the things + of the world. He does not, however, disdain to be the portion of those who so possess the things of the world as not to be + withdrawn thereby from the Divine worship. + </p> + <p id="XP_Q40_A3-p9"> + <b>Reply to Objection 2:</b> In the Old Testament the Levites had a right to their paternal inheritance; and the reason why they did not receive a portion + with the other tribes was because they were scattered throughout all the tribes, which would have been impossible if, like + the other tribes, they had received one fixed portion of the soil. + </p> + <p id="XP_Q40_A3-p10"> + <b>Reply to Objection 3:</b> Clerics promoted to holy orders, if they be poor, must be provided for by the bishop who ordained them; otherwise he is not + so bound. And they are bound to minister to the Church in the Order they have received. The words of Hugh refer to those who + have no means of livelihood. + </p> + <p id="XP_Q40_A3-p11"></p> + <p id="XP_Q40_A3-p12"></p> + <a href="summa.XP_Q40_A2.html"></a> + <a href="summa.XP_Q40_A4.html"></a> + </div> + <div id="XP_Q40_A4" class="div4"> + <a href="summa.XP_Q40_A3.html"></a> + <a href="summa.XP_Q40_A5.html"></a> + <h4 id="XP_Q40_A4-p0.1">Whether above the priestly Order there ought to be an episcopal power?</h4> + <p id="XP_Q40_A4-p1"></p> + <p id="XP_Q40_A4-p2"> + <b>Objection 1:</b> It would seem that there ought not to be an episcopal power above the priestly Order. For as stated in the text (Sent. iv, + D, 24) "the priestly Order originated from Aaron." Now in the Old Law there was no one above Aaron. Therefore neither in the + New Law ought there to be any power above that of the priests. + </p> + <p id="XP_Q40_A4-p3"> + <b>Objection 2:</b> Further, powers rank according to acts. Now no sacred act can be greater than to consecrate the body of Christ, whereunto + the priestly power is directed. Therefore there should not be an episcopal above the priestly power. + </p> + <p id="XP_Q40_A4-p4"> + <b>Objection 3:</b> Further, the priest, in offering, represents Christ in the Church, Who offered Himself for us to the Father. Now no one is + above Christ in the Church, since He is the Head of the Church. Therefore there should not be an episcopal above the priestly + power. + </p> + <p id="XP_Q40_A4-p5"> + <b>On the contrary,</b> A power is so much the higher according as it extends to more things. Now the priestly power, according to Dionysius (Eccl. + Hier. v), extends only to cleansing and enlightening, whereas the episcopal power extends both to this and to perfecting. + Therefore the episcopal should be above the priestly power. + </p> + <p id="XP_Q40_A4-p6"> Further, the Divine ministries should be more orderly than human ministries. Now the order of human ministries requires that + in each office there should be one person to preside, just as a general is placed over soldiers. Therefore there should also + be appointed over priests one who is the chief priest, and this is the bishop. Therefore the episcopal should be above the + priestly power. + </p> + <p id="XP_Q40_A4-p7"> + <b>I answer that,</b> A priest has two acts: one is the principal, namely to consecrate the body of Christ. the other is secondary, namely to prepare + God's people for the reception of this sacrament, as stated above ( + <a id="XP_Q40_A4-p7.1" shape="rect" href="summa.XP_Q37_A2.html">Q[37], AA[2]</a>,4). As regards the first act, the priest's power does not depend on a higher power save God's; but as to the second, it depends + on a higher and that a human power. For every power that cannot exercise its act without certain + ordinances, depends on the power that makes those ordinances. Now a priest cannot loose and bind, except we presuppose him + to have the jurisdiction of authority, whereby those whom he absolves are subject to him. But he can consecrate any matter + determined by Christ, nor is anything else required for the validity of the sacrament; although, on account of a certain congruousness, + the act of the bishop is pre-required in the consecration of the altar, vestments, and so forth. Hence it is clear + that it behooves the episcopal to be above the priestly power, as regards the priest's secondary act, but not as regards his + primary act. + </p> + <p id="XP_Q40_A4-p8"> + <b>Reply to Objection 1:</b> Aaron was both priest and pontiff, that is chief priest. Accordingly the priestly power originated from him, in so far as + he was a priest offering sacrifices, which was lawful even to the lesser priests; but it does not originate from him as pontiff, + by which power he was able to do certain things; for instance, to enter once a year the Holy of Holies, which it was unlawful + for the other priests to do. + </p> + <p id="XP_Q40_A4-p9"> + <b>Reply to Objection 2:</b> There is no higher power with regard to this act, but with regard to another, as stated above. + </p> + <p id="XP_Q40_A4-p10"> + <b>Reply to Objection 3:</b> Just as the perfections of all natural things pre-exist in God as their exemplar, so was Christ the exemplar of all ecclesiastical + offices. Wherefore each minister of the Church is, in some respect, a copy of Christ, as stated in the text (Sent. iv, D, + 24). Yet he is the higher who represents Christ according to a greater perfection. Now a priest represents Christ in that + He fulfilled a certain ministry by Himself, whereas a bishop represents Him in + that He instituted other ministers and founded the Church. Hence it belongs to a bishop to dedicate a thing to the Divine + offices, as establishing the Divine worship after the manner of Christ. For this reason also a bishop is especially called + the bridegroom of the Church even as Christ is. + </p> + <p id="XP_Q40_A4-p11"></p> + <p id="XP_Q40_A4-p12"></p> + <a href="summa.XP_Q40_A3.html"></a> + <a href="summa.XP_Q40_A5.html"></a> + </div> + <div id="XP_Q40_A5" class="div4"> + <a href="summa.XP_Q40_A4.html"></a> + <a href="summa.XP_Q40_A6.html"></a> + <h4 id="XP_Q40_A5-p0.1">Whether the episcopate is an Order?</h4> + <p id="XP_Q40_A5-p1"></p> + <p id="XP_Q40_A5-p2"> + <b>Objection 1:</b> It would seem that the episcopate is an Order. First of all, because Dionysius (Eccl. Hier. v) assigns these three orders + to the ecclesiastical hierarchy, the bishop, the priest, and the minister. In the text also (Sent. iv, D, 24) it is stated + that the episcopal Order is fourfold. + </p> + <p id="XP_Q40_A5-p3"> + <b>Objection 2:</b> Further, Order is nothing else but a degree of power in the dispensing of spiritual things. Now bishops can dispense certain + sacraments which priests cannot dispense, namely Confirmation and Order. Therefore the episcopate is an Order. + </p> + <p id="XP_Q40_A5-p4"> + <b>Objection 3:</b> Further, in the Church there is no spiritual power other than of Order or jurisdiction. But things pertaining to the episcopal + power are not matters of jurisdiction, else they might be committed to one who is not a bishop, which is false. Therefore + they belong to the power of Order. Therefore the bishop has an Order which a simple priest has not; and thus the episcopate + is an Order. + </p> + <p id="XP_Q40_A5-p5"> + <b>On the contrary,</b> One Order does not depend on a preceding order as regards the validity of the sacrament. But the episcopal power depends + on the priestly power, since no one can receive the episcopal power unless he have previously the priestly power. Therefore + the episcopate is not an Order. + </p> + <p id="XP_Q40_A5-p6"> Further, the greater Orders are not conferred except on Saturdays [*The four Ember Saturdays]. But the episcopal power is + bestowed on Sundays [*Dist. lxxv, can. Ordinationes]. Therefore it is not an Order. + </p> + <p id="XP_Q40_A5-p7"> + <b>I answer that,</b> Order may be understood in two ways. In one way as a sacrament, and thus, as already stated ( + <a id="XP_Q40_A5-p7.1" shape="rect" href="summa.XP_Q37_A2.html">Q[37], AA[2]</a>,4), every Order is directed to the sacrament of the Eucharist. Wherefore since the bishop has not a higher power than the + priest, in this respect the episcopate is not an Order. In another way Order may be considered as an office in relation to + certain sacred actions: and thus since in hierarchical actions a bishop has in + relation to the mystical body a higher power than the priest, the episcopate is an Order. It is in this sense that the authorities + quoted speak. + </p> + <p id="XP_Q40_A5-p8"> Hence the Reply to the First Objection is clear.</p> + <p id="XP_Q40_A5-p9"> + <b>Reply to Objection 2:</b> Order considered as a sacrament which imprints a character is specially directed to the sacrament of the Eucharist, in which + Christ Himself is contained, because by a character we are made like to Christ Himself [*Cf. + <a id="XP_Q40_A5-p9.1" shape="rect" href="summa.TP_Q63_A3.html">TP, Q[63], A[3]</a>]. Hence although at his promotion a bishop receives a spiritual power in respect of certain sacraments, this power nevertheless + has not the nature of a character. For this reason the episcopate is + not an Order, in the sense in which an Order is a sacrament. + </p> + <p id="XP_Q40_A5-p10"> + <b>Reply to Objection 3:</b> The episcopal power is one not only of jurisdiction but also of Order, as stated above, taking Order in the sense in which + it is generally understood. + </p> + <p id="XP_Q40_A5-p11"></p> + <p id="XP_Q40_A5-p12"></p> + <a href="summa.XP_Q40_A4.html"></a> + <a href="summa.XP_Q40_A6.html"></a> + </div> + <div id="XP_Q40_A6" class="div4"> + <a href="summa.XP_Q40_A5.html"></a> + <a href="summa.XP_Q40_A7.html"></a> + <h4 id="XP_Q40_A6-p0.1">Whether in the Church there can be anyone above the bishops?</h4> + <p id="XP_Q40_A6-p1"></p> + <p id="XP_Q40_A6-p2"> + <b>Objection 1:</b> It would seem that there cannot be anyone in the Church higher than the bishops. For all the bishops are the successors of + the apostles. Now the power so given to one of the apostles, namely Peter ( + <a class="scripRef" id="XP_Q40_A6-p2.1" href="./asv.html#Matt.16.19" target="asv">Mat. 16:19</a>), was given to all the apostles ( + <a class="scripRef" id="XP_Q40_A6-p2.2" href="./asv.html#John.20.23" target="asv">Jn. 20:23</a>). Therefore all bishops are equal, and one is not above another. + </p> + <p id="XP_Q40_A6-p3"> + <b>Objection 2:</b> Further, the rite of the Church ought to be more conformed to the Jewish rite than to that of the Gentiles. Now the distinction + of the episcopal dignity and the appointment of one over another, were introduced by the Gentiles. as stated in the text (Sent. + iv, D, 24); and there was no such thing in the Old Law. Therefore neither in the Church should one bishop be above another. + </p> + <p id="XP_Q40_A6-p4"> + <b>Objection 3:</b> Further, a higher power cannot be conferred by a lower, nor equal by equal, because "without all contradiction that which + is less is blessed by the greater [Vulg.: 'better']"; hence a priest does not consecrate a bishop or a priest, but a bishop + consecrates a priest. But a bishop can consecrate any bishop, since even the bishop of Ostia consecrates the Pope. Therefore + the episcopal dignity is equal in all matters, and consequently one bishop should not be + subject to another, as stated in the text (Sent. iv, D, 24). + </p> + <p id="XP_Q40_A6-p5"> + <b>On the contrary,</b> We read in the council of Constantinople: "In accordance with the Scriptures and the statutes and definitions of the canons, + we venerate the most holy bishop of ancient Rome the first and greatest of bishops, and after him the bishop of Constantinople." + Therefore one bishop is above another. + </p> + <p id="XP_Q40_A6-p6"> Further, the blessed Cyril, bishop of Alexandria, says: "That we may remain members of our apostolic head, the throne of + the Roman Pontiffs, of whom it is our duty to seek what we are to believe and what we are to hold, venerating him, beseeching + him above others; for his it is to reprove, to correct, to appoint, to loose, and to bind in place of Him Who set up that + very throne, and Who gave the fulness of His own to no other, but to him alone, to whom by divine right all bow + the head, and the primates of the world are obedient as to our Lord Jesus Christ Himself." Therefore bishops are subject to + someone even by divine right. + </p> + <p id="XP_Q40_A6-p7"> + <b>I answer that,</b> Wherever there are several authorities directed to one purpose, there must needs be one universal authority over the particular + authorities, because in all virtues and acts the order is according to the order of their ends (Ethic. i, 1,2). Now the common + good is more Godlike than the particular good. Wherefore above the governing power which aims at a particular good there must + be a universal governing power in respect of the common good, otherwise there + would be no cohesion towards the one object. Hence since the whole Church is one body, it behooves, if this oneness is to + be preserved, that there be a governing power in respect of the whole Church, above the episcopal power whereby each particular + Church is governed, and this is the power of the Pope. Consequently those who deny this power are called schismatics as causing + a division in the unity of the Church. Again, between a simple bishop and the Pope there are other degrees of rank + corresponding to the degrees of union, in respect of which one congregation or community includes another; thus the community + of a province includes the community of a city, and the community of a kingdom includes the community of one province, and + the community of the whole world includes the community of one kingdom. + </p> + <p id="XP_Q40_A6-p8"> + <b>Reply to Objection 1:</b> Although the power of binding and loosing was given to all the apostles in common, nevertheless in order to indicate some + order in this power, it was given first of all to Peter alone, to show that this power must come down from him to the others. + For this reason He said to him in the singular: "Confirm thy brethren" ( + <a class="scripRef" id="XP_Q40_A6-p8.1" href="./asv.html#Luke.22.32" target="asv">Lk. 22:32</a>), and: "Feed My sheep" ( + <a class="scripRef" id="XP_Q40_A6-p8.2" href="./asv.html#John.21.17" target="asv">Jn. 21:17</a>), i.e. according to Chrysostom: "Be thou the + president and head of thy brethren in My stead, that they, putting thee in My place, may preach and confirm thee throughout + the world whilst thou sittest on thy throne." + </p> + <p id="XP_Q40_A6-p9"> + <b>Reply to Objection 2:</b> The Jewish rite was not spread abroad in various kingdoms and provinces, but was confined to one nation; hence there was + no need to distinguish various pontiffs under the one who had the chief power. But the rite of the Church, like that of the + Gentiles, is spread abroad through various nations; and consequently in this respect it is necessary for the constitution + of the Church to be like the rite of the Gentiles rather than that of the Jews. + </p> + <p id="XP_Q40_A6-p10"> + <b>Reply to Objection 3:</b> The priestly power is surpassed by the episcopal power, as by a power of a different kind; but the episcopal is surpassed + by the papal power as by a power of the same kind. Hence a bishop can perform every hierarchical act that the Pope can; whereas + a priest cannot perform every act that a bishop can in conferring the sacraments. Wherefore as regards matters pertaining + to the episcopal Order, all bishops are equal, and for this reason any bishop can + consecrate another bishop. + </p> + <p id="XP_Q40_A6-p11"></p> + <p id="XP_Q40_A6-p12"></p> + <a href="summa.XP_Q40_A5.html"></a> + <a href="summa.XP_Q40_A7.html"></a> + </div> + <div id="XP_Q40_A7" class="div4"> + <a href="summa.XP_Q40_A6.html"></a> + <a href="summa.XP_Q41.html"></a> + <h4 id="XP_Q40_A7-p0.1">Whether the vestments of the ministers are fittingly instituted in the Church?</h4> + <p id="XP_Q40_A7-p1"></p> + <p id="XP_Q40_A7-p2"> + <b>Objection 1:</b> It would seem that the vestments of the ministers are not fittingly instituted in the Church. For the ministers of the New + Testament are more bound to chastity than were the ministers of the Old Testament. Now among the vestments of the Old Testament + there were the breeches as a sign of chastity. Much more therefore should they have a place among the vestments of the Church's + ministers. + </p> + <p id="XP_Q40_A7-p3"> + <b>Objection 2:</b> Further, the priesthood of the New Testament is more worthy than the priesthood of the Old. But the priests of the Old Testament + had mitres, which are a sign of dignity. Therefore the priests of the New Testament should also have them. + </p> + <p id="XP_Q40_A7-p4"> + <b>Objection 3:</b> Further, the priest is nearer than the episcopal Order to the Orders of ministers. Now the bishop uses the vestments of the + ministers, namely the dalmatic, which is the deacon's vestment, and the tunic, which is the subdeacon's. Much more therefore + should simple priests use them. + </p> + <p id="XP_Q40_A7-p5"> + <b>Objection 4:</b> Further, in the Old Law the pontiff wore the ephod [*Superhumerale, i.e. over-the-shoulders], which signified the burden + of the Gospel, as Bede observes (De Tabernac. iii). Now this is especially incumbent on our pontiffs. Therefore they ought + to wear the ephod. + </p> + <p id="XP_Q40_A7-p6"> + <b>Objection 5:</b> Further, "Doctrine and Truth" were inscribed on the "rational" which the pontiffs of the Old Testament wore. Now truth was + made known especially in the New Law. Therefore it is becoming to the pontiffs of the New Law. + </p> + <p id="XP_Q40_A7-p7"> + <b>Objection 6:</b> Further, the golden plate on which was written the most admirable name of God, was the most admirable of the adornments of + the Old Law. Therefore it should especially have been transferred to the New Law. + </p> + <p id="XP_Q40_A7-p8"> + <b>Objection 7:</b> Further, the things which the ministers of the Church wear outwardly are signs of inward power. Now the archbishop has no + other kind of power than a bishop, as stated above + <a id="XP_Q40_A7-p8.1" shape="rect" href="summa.XP_Q40_A6.html">(A[6])</a>. Therefore he should not have the pallium which other bishops have not. + </p> + <p id="XP_Q40_A7-p9"> + <b>Objection 8:</b> Further, the fulness of power resides in the Roman Pontiff. But he has not a crozier. Therefore other bishops should not + have one. + </p> + <p id="XP_Q40_A7-p10"> + <b>I answer that,</b> The vestments of the ministers denote the qualifications required of them for handling Divine things. And since certain things + are required of all, and some are required of the higher, that are not so exacted of the lower ministers, therefore certain + vestments are common to all the ministers, while some pertain to the higher ministers only. Accordingly it is becoming to + all the ministers to wear the "amice" which covers the shoulders, thereby signifying + courage in the exercise of the Divine offices to which they are deputed; and the "alb," which signifies a pure life, and the + "girdle," which signifies restraint of the flesh. But the subdeacon wears in addition the "maniple" on the left arm; this + signifies the wiping away of the least stains, since a maniple is a kind of handkerchief for wiping the face; for they are + the first to be admitted to the handling of sacred things. They also have the "narrow tunic," signifying the doctrine of Christ; + wherefore in the Old Law little bells hung therefrom, and subdeacons are the first admitted to announce the doctrine of the + New Law. The deacon has in addition the "stole" over the left shoulder, as a sign that he is deputed to a ministry in the + sacraments themselves, and the "dalmatic" (which is a full vestment, so called because it first came into use in Dalmatia), + to signify that he is the first to be appointed to dispense the sacraments: for he dispenses the blood, and in dispensing + one + should be generous. + </p> + <p id="XP_Q40_A7-p11"> But in the case of the priest the "stole" hangs from both shoulders, to show that he has received full power to dispense + the sacraments, and not as the minister of another man, for which reason the stole reaches right down. He also wears the "chasuble," + which signifies charity, because he it is who consecrates the sacrament of charity, namely the Eucharist. + </p> + <p id="XP_Q40_A7-p12"> Bishops have nine ornaments besides those which the priest has; these are the "stockings, sandals, succinctory, tunic, dalmatic, + mitre, gloves, ring, and crozier," because there are nine things which they can, but priests cannot, do, namely ordain clerics, + bless virgins, consecrate bishops, impose hands, dedicate churches, depose clerics, celebrate synods, consecrate chrism, bless + vestments and vessels. + </p> + <p id="XP_Q40_A7-p13"> We may also say that the "stockings" signify his upright walk; the "sandals" which cover the feet, his contempt of earthly + things; the "succinctory" which girds the stole with the alb, his love of probity; the "tunic," perseverance, for Joseph is + said ( + <a class="scripRef" id="XP_Q40_A7-p13.1" href="./asv.html#Gen.37.23" target="asv">Gn. 37:23</a>) to have had a long tunic---"talaric," because it reached down to the ankles [talos], which denote the end of life; the "dalmatic," + generosity in works of mercy; the "gloves," prudence in action; the + "mitre," knowledge of both Testaments, for which reason it has two crests; the "crozier," his pastoral care, whereby he has + to gather together the wayward (this is denoted by the curve at the head of the crozier), to uphold the weak (this is denoted + by the stem of the crozier), and to spur on the laggards (this is denoted by the point at the foot of the crozier). Hence + the line: + </p> + <p id="XP_Q40_A7-p14"> "Gather, uphold, spur on</p> + <p id="XP_Q40_A7-p15"> The wayward, the weak, and the laggard."</p> + <p id="XP_Q40_A7-p16">The "ring" signifies the sacraments of that faith whereby the Church is espoused to Christ. For bishops are espoused to the + Church in the place of Christ. Furthermore archbishops have the "pallium" in sign of their privileged power, for it signifies + the golden chain which those who fought rightfully were wont to receive. + </p> + <p id="XP_Q40_A7-p17"> + <b>Reply to Objection 1:</b> The priests of the Old Law were enjoined continency only for the time of their attendance for the purpose of their ministry. + Wherefore as a sign of the chastity which they had then to observe, they wore the breeches while offering sacrifices. But + the ministers of the New Testament are enjoined perpetual continency; and so the comparison fails. + </p> + <p id="XP_Q40_A7-p18"> + <b>Reply to Objection 2:</b> The mitre was not a sign of dignity, for it was a kind of hat, as Jerome says (Ep. ad Fabiol.). But the diadem which was + a sign of dignity was given to the pontiffs alone, as the mitre is now. + </p> + <p id="XP_Q40_A7-p19"> + <b>Reply to Objection 3:</b> The power of the ministers resides in the bishop as their source, but not in the priest, for he does not confer those Orders. + Wherefore the bishop, rather than the priest, wears those vestments. + </p> + <p id="XP_Q40_A7-p20"> + <b>Reply to Objection 4:</b> Instead of the ephod, they wear the stole, which is intended for the same signification as the ephod. + </p> + <p id="XP_Q40_A7-p21"> + <b>Reply to Objection 5:</b> The pallium takes the place of the "rational." + </p> + <p id="XP_Q40_A7-p22"> + <b>Reply to Objection 6:</b> Instead of that plate our pontiff wears the cross, as Innocent III says (De Myst. Miss. i), just as the breeches are replaced + by the sandals, the linen garment by the alb, the belt by the girdle, the long or talaric garment by the tunic, the ephod + by the amice, the "rational" by the pallium, the diadem by the mitre. + </p> + <p id="XP_Q40_A7-p23"> + <b>Reply to Objection 7:</b> Although he has not another kind of power he has the same power more fully. and so in order to designate this perfection, + he receives the pallium which surrounds him on all sides. + </p> + <p id="XP_Q40_A7-p24"> + <b>Reply to Objection 8:</b> The Roman Pontiff does not use a pastoral staff because Peter sent his to restore to life a certain disciple who afterwards + became bishop of Treves. Hence in the diocese of Treves the Pope carries a crozier but not elsewhere; or else it is a sign + of his not having a restricted power denoted by the curve of the staff. + </p> + <p id="XP_Q40_A7-p25"></p> + <p id="XP_Q40_A7-p26"></p> + <a href="summa.XP_Q40_A6.html"></a> + <a href="summa.XP_Q41.html"></a> + </div> + <a href="summa.XP_Q39_A6.html"></a> + <a href="summa.XP_Q40_A1.html"></a> + </div> + <div id="XP_Q41" class="div3"> + <a href="summa.XP_Q40_A7.html"></a> + <a href="summa.XP_Q41_A1.html"></a> + <h3 id="XP_Q41-p0.1">MATRIMONY (QQ[41]-67)</h3> + <p id="XP_Q41-p1"></p> + <p id="XP_Q41-p2">OF THE SACRAMENT OF MATRIMONY AS DIRECTED TO AN OFFICE OF NATURE (FOUR ARTICLES)</p> + <p id="XP_Q41-p3"> In the next place we must consider matrimony. We must treat of it (1) as directed to an office of nature; (2) as a sacrament; + (3) as considered absolutely and in itself. Under the first head there are four points of inquiry: + </p> + <p id="XP_Q41-p4"> (1) Whether it is of natural law?</p> + <p id="XP_Q41-p5"> (2) Whether it is a matter of precept?</p> + <p id="XP_Q41-p6"> (3) Whether its act is lawful?</p> + <p id="XP_Q41-p7"> (4) Whether its act can be meritorious?</p> + <div id="XP_Q41_A1" class="div4"> + <a href="summa.XP_Q41.html"></a> + <a href="summa.XP_Q41_A2.html"></a> + <h4 id="XP_Q41_A1-p0.1">Whether matrimony is of natural law?</h4> + <p id="XP_Q41_A1-p1"></p> + <p id="XP_Q41_A1-p2"> + <b>Objection 1:</b> It would seem that matrimony is not natural. Because "the natural law is what nature has taught all animals" [*Digest. I, + i, de justitia et jure, 1]. But in other animals the sexes are united without matrimony. Therefore matrimony is not of natural + law. + </p> + <p id="XP_Q41_A1-p3"> + <b>Objection 1:</b> Further, that which is of natural law is found in all men with regard to their every state. But matrimony was not in every + state of man, for as Tully says (De Inv. Rhet.), "at the beginning men were savages and then no man knew his own children, + nor was he bound by any marriage tie," wherein matrimony consists. Therefore it is not natural. + </p> + <p id="XP_Q41_A1-p4"> + <b>Objection 3:</b> Further, natural things are the same among all. But matrimony is not in the same way among all, since its practice varies + according to the various laws. Therefore it is not natural. + </p> + <p id="XP_Q41_A1-p5"> + <b>Objection 4:</b> Further, those things without which the intention of nature can be maintained would seem not to be natural. But nature intends + the preservation of the species by generation which is possible without matrimony, as in the case of fornicators. Therefore + matrimony is not natural. + </p> + <p id="XP_Q41_A1-p6"> + <b>On the contrary,</b> At the commencement of the Digests it is stated: "The union of male and female, which we call matrimony, is of natural law." + </p> + <p id="XP_Q41_A1-p7"> Further, the Philosopher (Ethic. viii, 12) says that "man is an animal more inclined by nature to connubial than political + society." But "man is naturally a political and gregarious animal," as the same author asserts (Polit. i, 2). Therefore he + is naturally inclined to connubial union, and thus the conjugal union or matrimony is natural. + </p> + <p id="XP_Q41_A1-p8"> + <b>I answer that,</b> A thing is said to be natural in two ways. First, as resulting of necessity from the principles of nature; thus upward movement + is natural to fire. In this way matrimony is not natural, nor are any of those things that come to pass at the intervention + or motion of the free-will. Secondly, that is said to be natural to which nature inclines although it comes to pass through + the intervention of the free-will; thus acts of virtue and the virtues themselves are + called natural; and in this way matrimony is natural, because natural reason inclines thereto in two ways. First, in relation + to the principal end of matrimony, namely the good of the offspring. For nature intends not only the begetting of offspring, + but also its education and development until it reach the perfect state of man as man, and that is the state of virtue. Hence, + according to the Philosopher (Ethic. viii, 11,12), we derive three things from our parents, namely "existence," + "nourishment," and "education." Now a child cannot be brought up and instructed unless it have certain and definite parents, + and this would not be the case unless there were a tie between the man and a definite woman and it is in this that matrimony + consists. Secondly, in relation to the secondary end of matrimony, which is the mutual services which married persons render + one another in household matters. For just as natural reason dictates that men should live together, since one is not + self-sufficient in all things concerning life, for which reason man is described as being naturally inclined to political + society, so too among those works that are necessary for human life some are becoming to men, others to women. Wherefore nature + inculcates that society of man and woman which consists in matrimony. These two reasons are given by the Philosopher (Ethic. + viii, 11,12). + </p> + <p id="XP_Q41_A1-p9"> + <b>Reply to Objection 1:</b> Man's nature inclines to a thing in two ways. In one way, because that thing is becoming to the generic nature, and this + is common to all animals; in another way because it is becoming to the nature of the difference, whereby the human species + in so far as it is rational overflows the genus; such is an act of prudence or temperance. And just as the generic nature, + though one in all animals, yet is not in all in the same way, so neither does it incline + in the same way in all, but in a way befitting each one. Accordingly man's nature inclines to matrimony on the part of the + difference, as regards the second reason given above; wherefore the Philosopher (Ethic. viii, 11,12; Polit. i) gives this + reason in men over other animals; but as regards the first reason it inclines on the part of the genus; wherefore he says + that the begetting of offspring is common to all animals. Yet nature does not incline thereto in the same way in all animals; + since + there are animals whose offspring are able to seek food immediately after birth, or are sufficiently fed by their mother; + and in these there is no tie between male and female; whereas in those whose offspring needs the support of both parents, + although for a short time, there is a certain tie, as may be seen in certain birds. In man, however, since the child needs + the parents' care for a long time, there is a very great tie between male and female, to which tie even the generic nature + inclines. + </p> + <p id="XP_Q41_A1-p10"> + <b>Reply to Objection 2:</b> The assertion of Tully may be true of some particular nation, provided we understand it as referring to the proximate beginning + of that nation when it became a nation distinct from others; for that to which natural reason inclines is not realized in + all things, and this statement is not universally true, since Holy Writ states that there has been matrimony from the beginning + of the human race. + </p> + <p id="XP_Q41_A1-p11"> + <b>Reply to Objection 3:</b> According to the Philosopher (Ethic. vii) "human nature is not unchangeable as the Divine nature is." Hence things that are + of natural law vary according to the various states and conditions of men; although those which naturally pertain to things + Divine nowise vary. + </p> + <p id="XP_Q41_A1-p12"> + <b>Reply to Objection 4:</b> Nature intends not only being in the offspring, but also perfect being, for which matrimony is necessary, as shown above. + </p> + <p id="XP_Q41_A1-p13"></p> + <p id="XP_Q41_A1-p14"></p> + <a href="summa.XP_Q41.html"></a> + <a href="summa.XP_Q41_A2.html"></a> + </div> + <div id="XP_Q41_A2" class="div4"> + <a href="summa.XP_Q41_A1.html"></a> + <a href="summa.XP_Q41_A3.html"></a> + <h4 id="XP_Q41_A2-p0.1">Whether matrimony still comes under a precept?</h4> + <p id="XP_Q41_A2-p1"></p> + <p id="XP_Q41_A2-p2"> + <b>Objection 1:</b> It would seem that matrimony still comes under a precept. For a precept is binding so long as it is not recalled. But the + primary institution of matrimony came under a precept, as stated in the text (Sent. iv, D, 26); nor do we read anywhere that + this precept was recalled, but rather that it was confirmed ( + <a class="scripRef" id="XP_Q41_A2-p2.1" href="./asv.html#Matt.19.6" target="asv">Mat. 19:6</a>): "What . . . God hath joined together let no man put asunder." Therefore matrimony still comes under a precept. + </p> + <p id="XP_Q41_A2-p3"> + <b>Objection 2:</b> Further, the precepts of natural law are binding in respect of all time. Now matrimony is of natural law, as stated above + + <a id="XP_Q41_A2-p3.1" shape="rect" href="summa.XP_Q41_A1.html">(A[1])</a>. Therefore, etc. + </p> + <p id="XP_Q41_A2-p4"> + <b>Objection 3:</b> Further, the good of the species is better than the good of the individual, "for the good of the State is more Godlike than + the good of one man" (Ethic. i, 2). Now the precept given to the first man concerning the preservation of the good of the + individual by the act of the nutritive power is still in force. Much more therefore does the precept concerning matrimony + still hold, since it refers to the preservation of the species. + </p> + <p id="XP_Q41_A2-p5"> + <b>Objection 4:</b> Further, where the reason of an obligation remains the same, the obligation must remain the same. Now the reason why men + were bound to marry in olden times was lest the human race should cease to multiply. Since then the result would be the same, + if each one were free to abstain from marriage, it would seem that matrimony comes under a precept. + </p> + <p id="XP_Q41_A2-p6"> + <b>On the contrary,</b> It is written ( + <a class="scripRef" id="XP_Q41_A2-p6.1" href="./asv.html#iCor.7.38" target="asv">1 Cor. 7:38</a>): "He that giveth not his virgin in marriage doth better [*Vulg.: 'He that giveth his virgin in marriage doth well, and he + that giveth her not doth better']," namely than he that giveth her in marriage. Therefore the contract of marriage is not + now a matter of precept. + </p> + <p id="XP_Q41_A2-p7"> Further, no one deserves a reward for breaking a precept. Now a special reward, namely the aureole, is due to virgins [*Cf. + <a id="XP_Q41_A2-p7.1" shape="rect" href="summa.XP_Q96_A5.html"> Q[96], A[5]</a>]. Therefore matrimony does not come under a precept. + </p> + <p id="XP_Q41_A2-p8"> + <b>I answer that,</b> Nature inclines to a thing in two ways. In one way as to that which is necessary for the perfection of the individual, and + such an obligation is binding on each one, since natural perfections are common to all. In another way it inclines to that + which is necessary for the perfection of the community; and since there are many things of this kind, one of which hinders + another, such an inclination does not bind each man by way of precept; else each man would be + bound to husbandry and building and to such offices as are necessary to the human community; but the inclination of nature + is satisfied by the accomplishment of those various offices by various individuals. Accordingly, since the perfection of the + human community requires that some should devote themselves to the contemplative life to which marriage is a very great obstacle, + the natural inclination to marriage is not binding by way of precept even according to the philosophers. Hence + Theophrastus proves that it is not advisable for a wise man to marry, as Jerome relates (Contra Jovin. i). + </p> + <p id="XP_Q41_A2-p9"> + <b>Reply to Objection 1:</b> This precept has not been recalled, and yet it is not binding on each individual, for the reason given above, except at that + time when the paucity of men required each one to betake himself to the begetting of children. + </p> + <p id="XP_Q41_A2-p10"> The Replies to objections 2 and 3 are clear from what has been said.</p> + <p id="XP_Q41_A2-p11"> + <b>Reply to Objection 4:</b> Human nature has a general inclination to various offices and acts, as already stated. But since it is variously in various + subjects, as individualized in this or that one, it inclines one subject more to one of those offices, and another subject + more to another, according to the difference of temperament of various individuals. And it is owing to this difference, as + well as to Divine providence which governs all, that one person chooses one office + such as husbandry, and another person another. And so it is too that some choose the married life and some the contemplative. + Wherefore no danger threatens. + </p> + <p id="XP_Q41_A2-p12"></p> + <p id="XP_Q41_A2-p13"></p> + <a href="summa.XP_Q41_A1.html"></a> + <a href="summa.XP_Q41_A3.html"></a> + </div> + <div id="XP_Q41_A3" class="div4"> + <a href="summa.XP_Q41_A2.html"></a> + <a href="summa.XP_Q41_A4.html"></a> + <h4 id="XP_Q41_A3-p0.1">Whether the marriage act is always sinful?</h4> + <p id="XP_Q41_A3-p1"></p> + <p id="XP_Q41_A3-p2"> + <b>Objection 1:</b> It would seem that the marriage act is always sinful. For it is written ( + <a class="scripRef" id="XP_Q41_A3-p2.1" href="./asv.html#iCor.7.29" target="asv">1 Cor. 7:29</a>): "That they . . . who have wives, be as if they had none." But those who are not married do not perform the marriage act. + Therefore even those who are married sin in that act. + </p> + <p id="XP_Q41_A3-p3"> + <b>Objection 2:</b> Further, "Your iniquities have divided between you and your God." Now the marriage act divides man from God wherefore the + people who were to see God ( + <a class="scripRef" id="XP_Q41_A3-p3.1" href="./asv.html#Exod.19.11" target="asv">Ex. 19:11</a>) were commanded not to go near their wives ( + <a class="scripRef" id="XP_Q41_A3-p3.2" href="./asv.html#Exod.19.20" target="asv">Ex. 19:20</a>); and Jerome says (Ep. ad Ageruch.: Contra Jovini, 18) that in the marriage act "the Holy Ghost touches not the hearts of + the prophets." Therefore it is sinful. + </p> + <p id="XP_Q41_A3-p4"> + <b>Objection 3:</b> Further, that which is shameful in itself can by no means be well done. Now the marriage act is always connected with concupiscence, + which is always shameful. Therefore it is always sinful. + </p> + <p id="XP_Q41_A3-p5"> + <b>Objection 4:</b> Further, nothing is the object of excuse save sin. Now the marriage act needs to be excused by the marriage blessings, as + the Master says (Sent. iv, D, 26). Therefore it is a sin. + </p> + <p id="XP_Q41_A3-p6"> + <b>Objection 5:</b> Further, things alike in species are judged alike. But marriage intercourse is of the same species as the act of adultery, + since its end is the same, namely the human species. Therefore since the act of adultery is a sin, the marriage act is likewise. + </p> + <p id="XP_Q41_A3-p7"> + <b>Objection 6:</b> Further, excess in the passions corrupts virtue. Now there is always excess of pleasure in the marriage act, so much so that + it absorbs the reason which is man's principal good, wherefore the Philosopher says (Ethic. vii, 11) that "in that act it + is impossible to understand anything." Therefore the marriage act is always a sin. + </p> + <p id="XP_Q41_A3-p8"> + <b>On the contrary,</b> It is written ( + <a class="scripRef" id="XP_Q41_A3-p8.1" href="./asv.html#iCor.7.28" target="asv">1 Cor. 7:28</a>): "If a virgin marry she hath not sinned," and ( + <a class="scripRef" id="XP_Q41_A3-p8.2" href="./asv.html#iTim.5.14" target="asv">1 Tim. 5:14</a>): "I will . . . that the younger should marry," and "bear children." But there can be no bearing of children without carnal + union. Therefore the marriage act is not a sin; else the Apostle would not have approved of it. + </p> + <p id="XP_Q41_A3-p9"> Further, no sin is a matter of precept. But the marriage act is a matter of precept ( + <a class="scripRef" id="XP_Q41_A3-p9.1" href="./asv.html#iCor.7.3" target="asv">1 Cor. 7:3</a>): "Let the husband render the debt to his life." Therefore it is not a sin. + </p> + <p id="XP_Q41_A3-p10"> + <b>I answer that,</b> If we suppose the corporeal nature to be created by the good God we cannot hold that those things which pertain to the preservation + of the corporeal nature and to which nature inclines, are altogether evil; wherefore, since the inclination to beget an offspring + whereby the specific nature is preserved is from nature, it is impossible to maintain that the act of begetting children is + altogether unlawful, so that it be impossible to find the mean of virtue + therein; unless we suppose, as some are mad enough to assert, that corruptible things were created by an evil god, whence + perhaps the opinion mentioned in the text is derived (Sent. iv, D, 26); wherefore this is a most wicked heresy. + </p> + <p id="XP_Q41_A3-p11"> + <b>Reply to Objection 1:</b> By these words the Apostle did not forbid the marriage act, as neither did he forbid the possession of things when he said + ( + <a class="scripRef" id="XP_Q41_A3-p11.1" href="./asv.html#iCor.7.31" target="asv">1 Cor. 7:31</a>): "They that use this world" (let them be) "as if they used it not." In each case he forbade enjoyment [*"Fruitionem," i.e. + enjoyment of a thing sought as one's last end]; which is clear from the way in which he expresses himself; for he did not + say "let them not use it," or "let them not have them," but let them be + "as if they used it not" and "as if they had none." + </p> + <p id="XP_Q41_A3-p12"> + <b>Reply to Objection 2:</b> We are united to God by the habit of grace and by the act of contemplation and love. Therefore whatever severs the former + of these unions is always a sin, but not always that which severs the latter, since a lawful occupation about lower things + distracts the mind so that it is not fit for actual union with God; and this is especially the case in carnal intercourse + wherein the mind is withheld by the intensity of pleasure. For this reason those who + have to contemplate Divine things or handle sacred things are enjoined not to have to do with their wives for that particular + time; and it is in this sense that the Holy Ghost, as regards the actual revelation of hidden things, did not touch the hearts + of the prophets at the time of the marriage act. + </p> + <p id="XP_Q41_A3-p13"> + <b>Reply to Objection 3:</b> The shamefulness of concupiscence that always accompanies the marriage act is a shamefulness not of guilt, but of punishment + inflicted for the first sin, inasmuch as the lower powers and the members do not obey reason. Hence the argument does not + prove. + </p> + <p id="XP_Q41_A3-p14"> + <b>Reply to Objection 4:</b> Properly speaking, a thing is said to be excused when it has some appearance of evil, and yet is not evil, or not as evil + as it seems, because some things excuse wholly, others in part. And since the marriage act, by reason of the corruption of + concupiscence, has the appearance of an inordinate act, it is wholly excused by the marriage blessing, so as not to be a sin. + </p> + <p id="XP_Q41_A3-p15"> + <b>Reply to Objection 5:</b> Although they are the same as to their natural species, they differ as to their moral species, which differs in respect of + one circumstance, namely intercourse with one's wife and with another than one's wife; just as to kill a man by assault or + by justice differentiates the moral species, although the natural species is the same; and yet the one is lawful and the other + unlawful. + </p> + <p id="XP_Q41_A3-p16"> + <b>Reply to Objection 6:</b> The excess of passions that corrupts virtue not only hinders the act of reason, but also destroys the order of reason. The + intensity of pleasure in the marriage act does not do this, since, although for the moment man is not being directed, he was + previously directed by his reason. + </p> + <p id="XP_Q41_A3-p17"></p> + <p id="XP_Q41_A3-p18"></p> + <a href="summa.XP_Q41_A2.html"></a> + <a href="summa.XP_Q41_A4.html"></a> + </div> + <div id="XP_Q41_A4" class="div4"> + <a href="summa.XP_Q41_A3.html"></a> + <a href="summa.XP_Q42.html"></a> + <h4 id="XP_Q41_A4-p0.1">Whether the marriage act is meritorious?</h4> + <p id="XP_Q41_A4-p1"></p> + <p id="XP_Q41_A4-p2"> + <b>Objection 1:</b> It would seem that the marriage act is not meritorious. For Chrysostom [*Hom. i in the Opus Imperfectum, falsely ascribed + to St. John Chrysostom] says in his commentary on Matthew: "Although marriage brings no punishment to those who use it, it + affords them no meed." Now merit bears a relation to meed. Therefore the marriage act is not meritorious. + </p> + <p id="XP_Q41_A4-p3"> + <b>Objection 2:</b> Further, to refrain from what is meritorious deserves not praise. Yet virginity whereby one refrains from marriage is praiseworthy. + Therefore the marriage act is not meritorious. + </p> + <p id="XP_Q41_A4-p4"> + <b>Objection 3:</b> Further, he who avails himself of an indulgence granted him, avails himself of a favor received. But a man does not merit + by receiving a favor. Therefore the marriage act is not meritorious. + </p> + <p id="XP_Q41_A4-p5"> + <b>Objection 4:</b> Further, merit like virtue, consists in difficulty. But the marriage act affords not difficulty but pleasure. Therefore it + is not meritorious. + </p> + <p id="XP_Q41_A4-p6"> + <b>Objection 5:</b> Further, that which cannot be done without venial sin is never meritorious, for a man cannot both merit and demerit at the + same time. Now there is always a venial sin in the marriage act, since even the first movement in such like pleasures is a + venial sin. Therefore the aforesaid act cannot be meritorious. + </p> + <p id="XP_Q41_A4-p7"> + <b>On the contrary,</b> Every act whereby a precept is fulfilled is meritorious if it be done from charity. Now such is the marriage act, for it + is said ( + <a class="scripRef" id="XP_Q41_A4-p7.1" href="./asv.html#iCor.7.3" target="asv">1 Cor. 7:3</a>): "Let the husband render the debt to his wife." Therefore, etc. + </p> + <p id="XP_Q41_A4-p8"> Further, every act of virtue is meritorious. Now the aforesaid act is an act of justice, for it is called the rendering of + a debt. Therefore it is meritorious. + </p> + <p id="XP_Q41_A4-p9"> + <b>I answer that,</b> Since no act proceeding from a deliberate will is indifferent, as stated in the Second Book (Sent. ii, D, 40, Q[1], A[3]; + + <a id="XP_Q41_A4-p9.1" shape="rect" href="summa.FS_Q18_A9.html">FS, Q[18], A[9]</a>), the marriage act is always either sinful or meritorious in one who is in a state of grace. For if the motive for the marriage + act be a virtue, whether of justice that they may render the debt, or of religion, that they may beget children for the worship + of God, it is meritorious. But if the + motive be lust, yet not excluding the marriage blessings, namely that he would by no means be willing to go to another woman, + it is a venial sin; while if he exclude the marriage blessings, so as to be disposed to act in like manner with any woman, + it is a mortal sin. And nature cannot move without being either directed by reason, and thus it will be an act of virtue, + or not so directed, and then it will be an act of lust. + </p> + <p id="XP_Q41_A4-p10"> + <b>Reply to Objection 1:</b> The root of merit, as regards the essential reward, is charity itself; but as regards an accidental reward, the reason for + merit consists in the difficulty of an act; and thus the marriage act is not meritorious except in the first way. + </p> + <p id="XP_Q41_A4-p11"> + <b>Reply to Objection 2:</b> The difficulty required for merit of the accidental reward is a difficulty of labor, but the difficulty required for the + essential reward is the difficulty of observing the mean, and this is the difficulty in the marriage act. + </p> + <p id="XP_Q41_A4-p12"> + <b>Reply to Objection 3:</b> First movements in so far as they are venial sins are movements of the appetite to some inordinate object of pleasure. This + is not the case in the marriage act, and consequently the argument does not prove. + </p> + <p id="XP_Q41_A4-p13"></p> + <p id="XP_Q41_A4-p14"></p> + <a href="summa.XP_Q41_A3.html"></a> + <a href="summa.XP_Q42.html"></a> + </div> + <a href="summa.XP_Q40_A7.html"></a> + <a href="summa.XP_Q41_A1.html"></a> + </div> + <div id="XP_Q42" class="div3"> + <a href="summa.XP_Q41_A4.html"></a> + <a href="summa.XP_Q42_A1.html"></a> + <h3 id="XP_Q42-p0.1">OF MATRIMONY AS A SACRAMENT (FOUR ARTICLES)</h3> + <p id="XP_Q42-p1"></p> + <p id="XP_Q42-p2"> We must next consider matrimony as a sacrament. Under this head there are four points of inquiry:</p> + <p id="XP_Q42-p3"> (1) Whether matrimony is a sacrament?</p> + <p id="XP_Q42-p4"> (2) Whether it ought to have been instituted before sin was committed?</p> + <p id="XP_Q42-p5"> (3) Whether it confers grace?</p> + <p id="XP_Q42-p6"> (4) Whether carnal intercourse belongs to the integrity of matrimony?</p> + <div id="XP_Q42_A1" class="div4"> + <a href="summa.XP_Q42.html"></a> + <a href="summa.XP_Q42_A2.html"></a> + <h4 id="XP_Q42_A1-p0.1">Whether matrimony is a sacrament?</h4> + <p id="XP_Q42_A1-p1"></p> + <p id="XP_Q42_A1-p2"> + <b>Objection 1:</b> It would seem that matrimony is not a sacrament. For every sacrament of the New Law has a form that is essential to the sacrament. + But the blessing given by the priest at a wedding is not essential to matrimony. Therefore it is not a sacrament. + </p> + <p id="XP_Q42_A1-p3"> + <b>Objection 2:</b> Further, a sacrament according to Hugh (De Sacram. i) is "a material element." But matrimony has not a material element for + its matter. Therefore it is not a sacrament. + </p> + <p id="XP_Q42_A1-p4"> + <b>Objection 3:</b> Further, the sacraments derive their efficacy from Christ's Passion. But matrimony, since it has pleasure annexed to it, + does not conform man to Christ's Passion, which was painful. Therefore it is not a sacrament. + </p> + <p id="XP_Q42_A1-p5"> + <b>Objection 4:</b> Further, every sacrament of the New Law causes that which it signifies. Yet matrimony does not cause the union of Christ + with the Church, which union it signifies. Therefore matrimony is not a sacrament. + </p> + <p id="XP_Q42_A1-p6"> + <b>Objection 5:</b> Further, in the other sacraments there is something which is reality and sacrament. But this is not to be found in matrimony, + since it does not imprint a character, else it would not be repeated. Therefore it is not a sacrament. + </p> + <p id="XP_Q42_A1-p7"> + <b>On the contrary,</b> It is written ( + <a class="scripRef" id="XP_Q42_A1-p7.1" href="./asv.html#Eph.5.32" target="asv">Eph. 5:32</a>): "This is a great sacrament." Therefore, etc. + </p> + <p id="XP_Q42_A1-p8"> Further, a sacrament is the sign of a sacred thing. But such is Matrimony. Therefore, etc.</p> + <p id="XP_Q42_A1-p9"> + <b>I answer that,</b> A sacrament denotes a sanctifying remedy against sin offered to man under sensible signs [*Cf. + <a id="XP_Q42_A1-p9.1" shape="rect" href="summa.TP_Q61_A1.html">TP, Q[61], A[1]</a>; + <a id="XP_Q42_A1-p9.2" shape="rect" href="summa.TP_Q65_A1.html">TP, Q[65], A[1]</a>]. Wherefore since this is the case in matrimony, it is reckoned among the sacraments. + </p> + <p id="XP_Q42_A1-p10"> + <b>Reply to Objection 1:</b> The words whereby the marriage consent is expressed are the form of this sacrament, and not the priest's blessing, which + is a sacramental. + </p> + <p id="XP_Q42_A1-p11"> + <b>Reply to Objection 2:</b> The sacrament of Matrimony, like that of Penance, is perfected by the act of the recipient. Wherefore just as Penance has + no other matter than the sensible acts themselves, which take the place of the material element, so it is in Matrimony. + </p> + <p id="XP_Q42_A1-p12"> + <b>Reply to Objection 3:</b> Although Matrimony is not conformed to Christ's Passion as regards pain, it is as regards charity, whereby He suffered for + the Church who was to be united to Him as His spouse. + </p> + <p id="XP_Q42_A1-p13"> + <b>Reply to Objection 4:</b> The union of Christ with the Church is not the reality contained in this sacrament, but is the reality signified and not + contained---and no sacrament causes a reality of that kind---but it has another both contained and signified which it causes, + as we shall state further on (ad 5). The Master, however (Sent. iv, D, 26), asserts that it is a non-contained reality, because + he was of opinion that Matrimony has no reality contained therein. + </p> + <p id="XP_Q42_A1-p14"> + <b>Reply to Objection 5:</b> In this sacrament also those three things [*Cf. + <a id="XP_Q42_A1-p14.1" shape="rect" href="summa.TP_Q66_A1.html">TP, Q[66], A[1]</a>] are to be found, for the acts externally apparent are the sacrament only; the bond between husband and wife resulting from + those acts is reality and sacrament; and the ultimate reality contained is the effect of this sacrament, while the non-contained + reality is that which the Master assigns (Sent. iv, D, 26). + </p> + <p id="XP_Q42_A1-p15"></p> + <p id="XP_Q42_A1-p16"></p> + <a href="summa.XP_Q42.html"></a> + <a href="summa.XP_Q42_A2.html"></a> + </div> + <div id="XP_Q42_A2" class="div4"> + <a href="summa.XP_Q42_A1.html"></a> + <a href="summa.XP_Q42_A3.html"></a> + <h4 id="XP_Q42_A2-p0.1">Whether this sacrament ought to have been instituted before sin was committed?</h4> + <p id="XP_Q42_A2-p1"></p> + <p id="XP_Q42_A2-p2"> + <b>Objection 1:</b> It would seem that Matrimony ought not to have been instituted before sin. Because that which is of natural law needs not + to be instituted. Now such is Matrimony, as stated above ( + <a id="XP_Q42_A2-p2.1" shape="rect" href="summa.XP_Q41_A1.html">Q[41], A[1]</a>). Therefore it ought not to have been instituted. + </p> + <p id="XP_Q42_A2-p3"> + <b>Objection 2:</b> Further, sacraments are medicines against the disease of sin. But a medicine is not made ready except for an actual disease. + Therefore it should not have been instituted before sin. + </p> + <p id="XP_Q42_A2-p4"> + <b>Objection 3:</b> Further, one institution suffices for one thing. Now Matrimony was instituted also after sin, as stated in the text (Sent. + iv, D, 26). Therefore it was not instituted before sin. + </p> + <p id="XP_Q42_A2-p5"> + <b>Objection 4:</b> Further, the institution of a sacrament must come from God. Now before sin, the words relating to Matrimony were not definitely + said by God but by Adam; the words which God uttered ( + <a class="scripRef" id="XP_Q42_A2-p5.1" href="./asv.html#Gen.1.22" target="asv">Gn. 1:22</a>), "Increase and multiply," were addressed also to the brute creation where there is no marriage. Therefore Matrimony was + not instituted before sin. + </p> + <p id="XP_Q42_A2-p6"> + <b>Objection 5:</b> Further, Matrimony is a sacrament of the New Law. But the sacraments of the New Law took their origin from Christ. Therefore + it ought not to have been instituted before sin. + </p> + <p id="XP_Q42_A2-p7"> + <b>On the contrary,</b> It is said ( + <a class="scripRef" id="XP_Q42_A2-p7.1" href="./asv.html#Matt.19.4" target="asv">Mat. 19:4</a>): "Have ye not read that He Who made man from the beginning 'made them male and female'"? + </p> + <p id="XP_Q42_A2-p8"> Further, Matrimony was instituted for the begetting of children. But the begetting of children was necessary to man before + sin. Therefore it behooved Matrimony to be instituted before sin. + </p> + <p id="XP_Q42_A2-p9"> + <b>I answer that,</b> Nature inclines to marriage with a certain good in view, which good varies according to the different states of man, wherefore + it was necessary for matrimony to be variously instituted in the various states of man in reference to that good. Consequently + matrimony as directed to the begetting of children, which was necessary even when there was no sin, was instituted before + sin; according as it affords a remedy for the wound of sin, it was instituted after + sin at the time of the natural law; its institution belongs to the Mosaic Law as regards personal disqualifications; and it + was instituted in the New Law in so far as it represents the mystery of Christ's union with the Church, and in this respect + it is a sacrament of the New Law. As regards other advantages resulting from matrimony, such as the friendship and mutual + services which husband and wife render one another, its institution belongs to the civil law. Since, however, a sacrament + is + essentially a sign and a remedy, it follows that the nature of sacrament applies to matrimony as regards the intermediate + institution; that it is fittingly intended to fulfill an office of nature as regards the first institution; and. as regards + the last-mentioned institution, that it is directed to fulfill an office of society. + </p> + <p id="XP_Q42_A2-p10"> + <b>Reply to Objection 1:</b> Things which are of natural law in a general way, need to be instituted as regards their determination which is subject to + variation according to various states; just as it is of natural law that evil-doers be punished, but that such and such a + punishment be appointed for such and such a crime is determined by positive law. + </p> + <p id="XP_Q42_A2-p11"> + <b>Reply to Objection 2:</b> Matrimony is not only for a remedy against sin, but is chiefly for an office of nature; and thus it was instituted before + sin, not as intended for a remedy. + </p> + <p id="XP_Q42_A2-p12"> + <b>Reply to Objection 3:</b> There is no reason why matrimony should not have had several institutions corresponding to the various things that had to + be determined in connection with marriage. Hence these various institutions are not of the same thing in the same respect. + </p> + <p id="XP_Q42_A2-p13"> + <b>Reply to Objection 4:</b> Before sin matrimony was instituted by God, when He fashioned a helpmate for man out of his rib, and said to them: "Increase + and multiply." And although this was said also to the other animals, it was not to be fulfilled by them in the same way as + by men. As to Adam's words, he uttered them inspired by God to understand that the institution of marriage was from God. + </p> + <p id="XP_Q42_A2-p14"> + <b>Reply to Objection 5:</b> As was clearly stated, matrimony was not instituted before Christ as a sacrament of the New Law. + </p> + <p id="XP_Q42_A2-p15"></p> + <p id="XP_Q42_A2-p16"></p> + <a href="summa.XP_Q42_A1.html"></a> + <a href="summa.XP_Q42_A3.html"></a> + </div> + <div id="XP_Q42_A3" class="div4"> + <a href="summa.XP_Q42_A2.html"></a> + <a href="summa.XP_Q42_A4.html"></a> + <h4 id="XP_Q42_A3-p0.1">Whether matrimony confers grace?</h4> + <p id="XP_Q42_A3-p1"></p> + <p id="XP_Q42_A3-p2"> + <b>Objection 1:</b> It would seem that matrimony does not confer grace. For, according to Hugh (De Sacram. i) "the sacraments, by virtue of their + sanctification, confer an invisible grace." But matrimony has no sanctification essential to it. Therefore grace is not conferred + therein. + </p> + <p id="XP_Q42_A3-p3"> + <b>Objection 2:</b> Further, every sacrament that confers grace confers it by virtue of its matter and form. Now the acts which are the matter + in this sacrament are not the cause of grace (for it would be the heresy of Pelagius to assert that our acts cause grace); + and the words expressive of consent are not the cause of grace, since no sanctification results from them. Therefore grace + is by no means given in matrimony. + </p> + <p id="XP_Q42_A3-p4"> + <b>Objection 3:</b> Further, the grace that is directed against the wound of sin is necessary to all who have that wound. Now the wound of concupiscence + is to be found in all. Therefore if grace were given in matrimony against the wound of concupiscence, all men ought to contract + marriage, and it would be very stupid to refrain from matrimony. + </p> + <p id="XP_Q42_A3-p5"> + <b>Objection 4:</b> Further, sickness does not seek a remedy where it finds aggravation. Now concupiscence is aggravated by concupiscence, because, + according to the Philosopher (Ethic. iii, 12), "the desire of concupiscence is insatiable, and is increased by congenial actions." + Therefore it would seem that grace is not conferred in matrimony, as a remedy for concupiscence. + </p> + <p id="XP_Q42_A3-p6"> + <b>On the contrary,</b> Definition and thing defined should be convertible. Now causality of grace is included in the definition of a sacrament. + Since, then, matrimony is a sacrament, it is a cause of grace. + </p> + <p id="XP_Q42_A3-p7"> Further, Augustine says (De Bono Viduit. viii; Gen. ad lit. ix, 7) that "matrimony affords a remedy to the sick." But it + is not a remedy except in so far as it has some efficacy. Therefore it has some efficacy for the repression of concupiscence. + Now concupiscence is not repressed except by grace. Therefore grace is conferred therein. + </p> + <p id="XP_Q42_A3-p8"> + <b>I answer that,</b> There have been three opinions on this point. For some [*Peter Lombard, Sent. iv, D, 2] said that matrimony is nowise the + cause of grace, but only a sign thereof. But this cannot be maintained, for in that case it would in no respect surpass the + sacraments of the Old Law. Wherefore there would be no reason for reckoning it among the sacraments of the New Law; since + even in the Old Law by the very nature of the act it was able to afford a remedy to + concupiscence lest the latter run riot when held in too strict restraint. + </p> + <p id="XP_Q42_A3-p9"> Hence others [*St. Albert Magnus, Sent. iv, D, 26] said that grace is conferred therein as regards the withdrawal from evil, + because the act is excused from sin, for it would be a sin apart from matrimony. But this would be too little, since it had + this also in the Old Law. And so they say that it makes man withdraw from evil, by restraining the concupiscence lest it tend + to something outside the marriage blessings, but that this grace does not enable a man to do good works. But + this cannot be maintained, since the same grace hinders sin and inclines to good, just as the same heat expels cold and gives + heat. + </p> + <p id="XP_Q42_A3-p10"> Hence others [*St. Bonaventure, Sent. iv, D, 26] say that matrimony, inasmuch as it is contracted in the faith of Christ, + is able to confer the grace which enables us to do those works which are required in matrimony. and this is more probable, + since wherever God gives the faculty to do a thing, He gives also the helps whereby man is enabled to make becoming use of + that faculty; thus it is clear that to all the soul's powers there correspond bodily members by which they can + proceed to act. Therefore, since in matrimony man receives by Divine institution the faculty to use his wife for the begetting + of children, he also receives the grace without which he cannot becomingly do so; just as we have said of the sacrament of + orders ( + <a id="XP_Q42_A3-p10.1" shape="rect" href="summa.XP_Q35_A1.html">Q[35], A[1]</a>). And thus this grace which is given is the last thing contained in this sacrament. + </p> + <p id="XP_Q42_A3-p11"> + <b>Reply to Objection 1:</b> Just as the baptismal water by virtue of its contact with Christ's body [*Cf. + <a id="XP_Q42_A3-p11.1" shape="rect" href="summa.TP_Q66_A3.html">TP, Q[66], A[3]</a>, ad 4] is able to "touch the body and cleanse the heart" [*St. Augustine, Tract. lxxx in Joan.], so is matrimony able to + do so through Christ having represented it by His Passion, and not principally through any blessing of the priest. + </p> + <p id="XP_Q42_A3-p12"> + <b>Reply to Objection 2:</b> Just as the water of Baptism together with the form of words results immediately not in the infusion of grace, but in the + imprinting of the character, so the outward acts and the words expressive of consent directly effect a certain tie which is + the sacrament of matrimony; and this tie by virtue of its Divine institution works dispositively [*Cf. + <a id="XP_Q42_A3-p12.1" shape="rect" href="summa.XP_Q18_A1.html"> Q[18], A[1]</a>, where St. Thomas uses the same expression; and Editor's notes at the + beginning of the Supplement and on that Article] to the infusion of grace. + </p> + <p id="XP_Q42_A3-p13"> + <b>Reply to Objection 3:</b> This argument would hold if no more efficacious remedy could be employed against the disease of concupiscence; but a yet + more powerful remedy is found in spiritual works and mortification of the flesh by those who make no use of matrimony. + </p> + <p id="XP_Q42_A3-p14"> + <b>Reply to Objection 4:</b> A remedy can be employed against concupiscence in two ways. First, on the part of concupiscence by repressing it in its root, + and thus matrimony affords a remedy by the grace given therein. Secondly, on the part of its act, and this in two ways: first, + by depriving the act to which concupiscence inclines of its outward shamefulness, and this is done by the marriage blessings + which justify carnal concupiscence; secondly, by hindering the shameful act, + which is done by the very nature of the act. because concupiscence, being satisfied by the conjugal act, does not incline + so much to other wickedness. For this reason the Apostle says ( + <a class="scripRef" id="XP_Q42_A3-p14.1" href="./asv.html#iCor.7.9" target="asv">1 Cor. 7:9</a>): "It is better to marry than to burn." For though the works congenial to concupiscence are in themselves of a nature to + increase concupiscence, yet in so far as they are directed according to reason they repress concupiscence, because like acts + result in like dispositions and + habits. + </p> + <p id="XP_Q42_A3-p15"></p> + <p id="XP_Q42_A3-p16"></p> + <a href="summa.XP_Q42_A2.html"></a> + <a href="summa.XP_Q42_A4.html"></a> + </div> + <div id="XP_Q42_A4" class="div4"> + <a href="summa.XP_Q42_A3.html"></a> + <a href="summa.XP_Q43.html"></a> + <h4 id="XP_Q42_A4-p0.1">Whether carnal intercourse is an integral part of this sacrament?</h4> + <p id="XP_Q42_A4-p1"></p> + <p id="XP_Q42_A4-p2"> + <b>Objection 1:</b> It would seem that carnal intercourse is an integral part of marriage. For at the very institution of marriage it was declared + ( + <a class="scripRef" id="XP_Q42_A4-p2.1" href="./asv.html#Gen.2.24" target="asv">Gn. 2:24</a>): "They shall be two in one flesh." Now this is not brought about save by carnal intercourse. Therefore it is an integral + part of marriage. + </p> + <p id="XP_Q42_A4-p3"> + <b>Objection 2:</b> Further, that which belongs to the signification of a sacrament is necessary for the sacrament, as we have stated above + <a id="XP_Q42_A4-p3.1" shape="rect" href="summa.XP_Q42_A2.html">(A[2];</a> Q[9], A[1] ). Now carnal intercourse belongs to the signification of matrimony, as stated in the text (Sent. iv, D, 26). + Therefore it is an integral part of the sacrament. + </p> + <p id="XP_Q42_A4-p4"> + <b>Objection 3:</b> Further, this sacrament is directed to the preservation of the species. But the species cannot be preserved without carnal + intercourse. Therefore it is an integral part of the sacrament. + </p> + <p id="XP_Q42_A4-p5"> + <b>Objection 4:</b> Further, Matrimony is a sacrament inasmuch as it affords a remedy against concupiscence; according to the Apostle's saying + ( + <a class="scripRef" id="XP_Q42_A4-p5.1" href="./asv.html#iCor.7.9" target="asv">1 Cor. 7:9</a>): "It is better to marry than to burn." But it does not afford this remedy to those who have no carnal intercourse. Therefore + the same conclusion follows as before. + </p> + <p id="XP_Q42_A4-p6"> + <b>On the contrary,</b> There was matrimony in Paradise, and yet there was no carnal intercourse. Therefore carnal intercourse is not an integral + part of matrimony. + </p> + <p id="XP_Q42_A4-p7"> Further, a sacrament by its very name denotes a sanctification. But matrimony is holier without carnal intercourse, according + to the text (Sent. D, 26). Therefore carnal intercourse is not necessary for the sacrament. + </p> + <p id="XP_Q42_A4-p8"> + <b>I answer that,</b> Integrity is twofold. One regards the primal perfection consisting in the very essence of a thing; the other regards the + secondary perfection consisting in operation. Since then carnal intercourse is an operation or use of marriage which gives + the faculty for that intercourse, it follows, that carnal intercourse belongs to the latter, and not to the former integrity + of marriage [*Cf. + <a id="XP_Q42_A4-p8.1" shape="rect" href="summa.TP_Q29_A2.html">TP, Q[29], A[2]</a> ]. + </p> + <p id="XP_Q42_A4-p9"> + <b>Reply to Objection 1:</b> Adam expressed the integrity of marriage in regard to both perfections, because a thing is known by its operation. + </p> + <p id="XP_Q42_A4-p10"> + <b>Reply to Objection 2:</b> Signification of the thing contained is necessary for the sacrament. Carnal intercourse belongs not to this signification, + but to the thing not contained, as appears from what was said above (A[1], ad 4,5). + </p> + <p id="XP_Q42_A4-p11"> + <b>Reply to Objection 3:</b> A thing does not reach its end except by its own act. Wherefore, from the fact that the end of matrimony is not attained + without carnal intercourse, it follows that it belongs to the second and not to the first integrity. + </p> + <p id="XP_Q42_A4-p12"> + <b>Reply to Objection 4:</b> Before carnal intercourse marriage is a remedy by virtue of the grace given therein, although not by virtue of the act, which + belongs to the second integrity. + </p> + <p id="XP_Q42_A4-p13"></p> + <p id="XP_Q42_A4-p14"></p> + <a href="summa.XP_Q42_A3.html"></a> + <a href="summa.XP_Q43.html"></a> + </div> + <a href="summa.XP_Q41_A4.html"></a> + <a href="summa.XP_Q42_A1.html"></a> + </div> + <div id="XP_Q43" class="div3"> + <a href="summa.XP_Q42_A4.html"></a> + <a href="summa.XP_Q43_A1.html"></a> + <h3 id="XP_Q43-p0.1">OF MATRIMONY WITH REGARD TO THE BETROTHAL (THREE ARTICLES)</h3> + <p id="XP_Q43-p1"></p> + <p id="XP_Q43-p2"> In the next place we must consider matrimony absolutely; and here we must treat (1) of the betrothal; (2) of the nature of + matrimony; (3) of its efficient cause, namely the consent; (4) of its blessings; (5) of the impediments thereto; (6) of second + marriages; (7) of certain things annexed to marriage. + </p> + <p id="XP_Q43-p3"> Under the first head there are three points of inquiry:</p> + <p id="XP_Q43-p4"> (1) What is the betrothal?</p> + <p id="XP_Q43-p5"> (2) Who can contract a betrothal?</p> + <p id="XP_Q43-p6"> (3) Whether a betrothal can be canceled?</p> + <div id="XP_Q43_A1" class="div4"> + <a href="summa.XP_Q43.html"></a> + <a href="summa.XP_Q43_A2.html"></a> + <h4 id="XP_Q43_A1-p0.1">Whether a betrothal is a promise of future marriage?</h4> + <p id="XP_Q43_A1-p1"></p> + <p id="XP_Q43_A1-p2"> + <b>Objection 1:</b> It would seem that a betrothal is not rightly defined "a promise of future marriage," as expressed in the words of Pope Nicholas + I (Resp. ad Consul. Bulgar., iii). For as Isidore says (Etym. iv), "a man is betrothed not by a mere promise, but by giving + his troth [spondet] and providing sureties [sponsores]". Now a person is said to be betrothed by reason of his betrothal. + Therefore it is wrongly described as a promise. + </p> + <p id="XP_Q43_A1-p3"> + <b>Objection 2:</b> Further, whoever promises a thing must be compelled to fulfill his promise. But those who have contracted a betrothal are + not compelled by the Church to fulfill the marriage. Therefore a betrothal is not a promise. + </p> + <p id="XP_Q43_A1-p4"> + <b>Objection 3:</b> Further, sometimes a betrothal does not consist of a mere promise, but an oath is added, as also certain pledges. Therefore + seemingly it should not be defined as a mere promise. + </p> + <p id="XP_Q43_A1-p5"> + <b>Objection 4:</b> Further, marriage should be free and absolute. But a betrothal is sometimes expressed under a condition even of money to + be received. Therefore it is not fittingly described as a promise of marriage. + </p> + <p id="XP_Q43_A1-p6"> + <b>Objection 5:</b> Further, promising about the future is blamed in + <a class="scripRef" id="XP_Q43_A1-p6.1" href="./asv.html#Jas.4.13" target="asv"> James 4:13, </a> seqq. But there should be nothing blameworthy about the sacraments. Therefore one ought not to make a promise of future marriage. + </p> + <p id="XP_Q43_A1-p7"> + <b>Objection 6:</b> Further, no man is called a spouse except on account of his espousals. But a man is said to be a spouse on account of actual + marriage, according to the text (Sent. iv, D, 27). Therefore espousals are not always a promise of future marriage. + </p> + <p id="XP_Q43_A1-p8"> + <b>I answer that,</b> Consent to conjugal union if expressed in words of the future does not make a marriage, but a promise of marriage; and this + promise is called "a betrothal from plighting one's troth," as Isidore says (Etym. iv). For before the use of writing-tablets, + they used to give pledges of marriage, by which they plighted their mutual consent under the marriage code, and they provided + guarantors. This promise is made in two ways, namely absolutely, or conditionally. + Absolutely, in four ways: firstly, a mere promise, by saying: "I will take thee for my wife," and conversely; secondly, by + giving betrothal pledges, such as money and the like; thirdly, by giving an engagement ring; fourthly, by the addition of + an oath. If, however, this promise be made conditionally, we must draw a distinction; for it is either an honorable condition, + for instance if we say: "I will take thee, if thy parents consent," and then the promise holds if the condition is fulfilled, + and does not hold if the condition is not fulfilled; or else the condition is dishonorable, and this in two ways: for either + it is contrary to the marriage blessings, as if we were to say: "I will take thee if thou promise means of sterility," and + then no betrothal is contracted; or else it is not contrary to the marriage blessings, as were one to say: "I will take thee + if thou consent to my thefts," and then the promise holds, but the condition should be removed. + </p> + <p id="XP_Q43_A1-p9"> + <b>Reply to Objection 1:</b> The betrothal itself and giving of sureties are a ratification of the promise, wherefore it is denominated from these as + from that which is more perfect. + </p> + <p id="XP_Q43_A1-p10"> + <b>Reply to Objection 2:</b> By this promise one party is bound to the other in respect of contracting marriage; and he who fulfills not his promise sins + mortally, unless a lawful impediment arise; and the Church uses compulsion in the sense that she enjoins a penance for the + sin. But he is not compelled by sentence of the court, because compulsory marriages are wont to have evil results; unless + the parties be bound by oath, for then he ought to be compelled, in the opinion of + some, although others think differently on account of the reason given above, especially if there be fear of one taking the + other's life. + </p> + <p id="XP_Q43_A1-p11"> + <b>Reply to Objection 3:</b> Such things are added only in confirmation of the promise, and consequently they are not distinct from it. + </p> + <p id="XP_Q43_A1-p12"> + <b>Reply to Objection 4:</b> The condition that is appended does not destroy the liberty of marriage; for if it be unlawful, it should be renounced; and + if it be lawful, it is either about things that are good simply, as were one to say, "I will take thee, if thy parents consent," + and such a condition does not destroy the liberty of the betrothal, but gives it an increase of rectitude. or else it is about + things that are useful, as were one to say: "I will marry thee if thou pay + me a hundred pounds," and then this condition is appended, not as asking a price for the consent of marriage, but as referring + to the promise of a dowry; so that the marriage does not lose its liberty. Sometimes, however, the condition appended is the + payment of a sum of money by way of penalty, and then, since marriage should be free, such a condition does not hold, nor + can such a penalty be exacted from a person who is unwilling to fulfill the promise of marriage. + </p> + <p id="XP_Q43_A1-p13"> + <b>Reply to Objection 5:</b> James does not intend to forbid altogether the making of promises about the future, but the making of promises as though + one were certain of one's life; hence he teaches that we ought to add the condition. "If the Lord will," which, though it + be not expressed in words, ought nevertheless to be impressed on the heart. + </p> + <p id="XP_Q43_A1-p14"> + <b>Reply to Objection 6:</b> In marriage we may consider both the marriage union and the marriage act; and on account of his promise of the first as future + a man is called a "spouse" from his having contracted his espousals by words expressive of the future; but from the promise + of the second a man is called a "spouse," even when the marriage has been contracted by words expressive of the present, because + by this very fact he promises [spondet] the marriage act. However, properly + speaking, espousals are so called from the promise [sponsione] in the first sense, because espousals are a kind of sacramental + annexed to matrimony, as exorcism to baptism. + </p> + <p id="XP_Q43_A1-p15"></p> + <p id="XP_Q43_A1-p16"></p> + <a href="summa.XP_Q43.html"></a> + <a href="summa.XP_Q43_A2.html"></a> + </div> + <div id="XP_Q43_A2" class="div4"> + <a href="summa.XP_Q43_A1.html"></a> + <a href="summa.XP_Q43_A3.html"></a> + <h4 id="XP_Q43_A2-p0.1">Whether seven years is fittingly assigned as the age for betrothal?</h4> + <p id="XP_Q43_A2-p1"></p> + <p id="XP_Q43_A2-p2"> + <b>Objection 1:</b> It would seem that seven years is not fittingly assigned as the age for betrothal. For a contract that can be formed by others + does not require discretion in those whom it concerns. Now a betrothal can be arranged by the parents without the knowledge + of either of the persons betrothed. Therefore a betrothal can be arranged before the age of seven years as well as after. + </p> + <p id="XP_Q43_A2-p3"> + <b>Objection 2:</b> Further, just as some use of reason is necessary for the contract of betrothal, so is there for the consent to mortal sin. + Now, as Gregory says (Dial. iv), a boy of five years of age was carried off by the devil on account of the sin of blasphemy. + Therefore a betrothal can take place before the age of seven years. + </p> + <p id="XP_Q43_A2-p4"> + <b>Objection 3:</b> Further, a betrothal is directed to marriage. But for marriage the same age is not assigned to boy and girl. + </p> + <p id="XP_Q43_A2-p5"> + <b>Objection 4:</b> Further, one can become betrothed as soon as future marriage can be agreeable to one. Now signs of this agreeableness are + often apparent in boys before the age of seven. Therefore they can become betrothed before that age. + </p> + <p id="XP_Q43_A2-p6"> + <b>Objection 5:</b> Further, if persons become betrothed before they are seven years old, and subsequently after the age of seven and before + the age of maturity renew their promise in words expressive of the present, they are reckoned to be betrothed. Now this is + not by virtue of the second contract, since they intend to contract not betrothal but marriage. Therefore it is by the virtue + of the first; and thus espousals can be contracted before the age of seven. + </p> + <p id="XP_Q43_A2-p7"> + <b>Objection 6:</b> Further, when a thing is done by many persons in common, if one fails he is supplied by another, as in the case of those + who row a boat. Now the contract of betrothal is an action common to the contracting parties. Therefore if one be of mature + age, he can contract a betrothal with a girl who is not seven years old, since the lack of age in one is more than counterbalanced + in the other. + </p> + <p id="XP_Q43_A2-p8"> + <b>Objection 7:</b> Further, those who at about the age of puberty, but before it, enter into the marriage contract by words expressive of the + present are reputed to be married. Therefore in like manner if they contract marriage by words expressive of the future, before + yet close on the age of puberty, they are to be reputed as betrothed. + </p> + <p id="XP_Q43_A2-p9"> + <b>I answer that,</b> The age of seven years is fixed reasonably enough by law for the contracting of betrothals, for since a betrothal is a promise + of the future, as already stated + <a id="XP_Q43_A2-p9.1" shape="rect" href="summa.XP_Q43_A1.html">(A[1])</a>, it follows that they are within the competency of those who can make a promise in some way, and this is only for those who + can have some foresight of the future, and this requires the use of reason, of which three degrees are to be observed, according + to the + Philosopher (Ethic. i, 4). The first is when a person neither understands by himself nor is able to learn from another; the + second stage is when a man can learn from another but is incapable by himself of consideration and understanding; the third + degree is when a man is both able to learn from another and to consider by himself. And since reason develops in man by little + and little, in proportion as the movement and fluctuation of the humors is calmed, man reaches the first stage of reason + before his seventh year; and consequently during that period he is unfit for any contract, and therefore for betrothal. But + he begins to reach the second stage at the end of his first seven years, wherefore children at that age are sent to school. + But man begins to reach the third stage at the end of his second seven years, as regards things concerning his person, when + his natural reason develops; but as regards things outside his person, at the end of his third seven years. Hence before his + first seven years a man is not fit to make any contract, but at the end of that period he begins to be fit to make certain + promises for the future, especially about those things to which natural reason inclines us more, though he is not fit to bind + himself by a perpetual obligation, because as yet he has not a firm will. Hence at that age betrothals can be contracted. + But at the end of the second seven years he can already bind himself in matters concerning his person, either to religion + or to + wedlock. And after the third seven years he can bind himself in other matters also; and according to the laws he is given + the power of disposing of his property after his twenty-second year. + </p> + <p id="XP_Q43_A2-p10"> + <b>Reply to Objection 1:</b> If the parties are betrothed by another person before they reach the age of puberty, either of them or both can demur; wherefore + in that case the betrothal does not take effect, so that neither does any affinity result therefrom. Hence a betrothal made + between certain persons by some other takes effect, in so far as those between whom the betrothal is arranged do not demur + when they reach the proper age, whence they are understood to consent to what + others have done. + </p> + <p id="XP_Q43_A2-p11"> + <b>Reply to Objection 2:</b> Some say that the boy of whom Gregory tells this story was not lost, and that he did not sin mortally; and that this vision + was for the purpose of making the father sorrowful, for he had sinned in the boy through failing to correct him. But this + is contrary to the express intention of Gregory, who says (Dial. iv) that "the boy's father having neglected the soul of his + little son, fostered no little sinner for the flames of hell." Consequently it must + be said that for a mortal sin it is sufficient to give consent to something present, whereas in a betrothal the consent is + to something future; and greater discretion of reason is required for looking to the future than for consenting to one present + act. Wherefore a man can sin mortally before he can bind himself to a future obligation. + </p> + <p id="XP_Q43_A2-p12"> + <b>Reply to Objection 3:</b> Regarding the age for the marriage contract a disposition is required not only on the part of the use of reason, but also + on the part of the body, in that it is necessary to be of an age adapted to procreation. And since a girl becomes apt for + the act of procreation in her twelfth year, and a boy at the end of his second seven years, as the Philosopher says (De Hist. + Anim. vii), whereas the age is the same in both for attaining the use of reason which + is the sole condition for betrothal, hence it is that the one age is assigned for both as regards betrothal, but not as regards + marriage. + </p> + <p id="XP_Q43_A2-p13"> + <b>Reply to Objection 4:</b> This agreeableness in regard to boys under the age of seven does not result from the perfect use of reason, since they are + not as yet possessed of complete self-control; it results rather from the movement of nature than from any process of reason. + Consequently, this agreeableness does not suffice for contracting a betrothal. + </p> + <p id="XP_Q43_A2-p14"> + <b>Reply to Objection 5:</b> In this case, although the second contract does not amount to marriage, nevertheless the parties show that they ratify their + former promise; wherefore the first contract is confirmed by the second. + </p> + <p id="XP_Q43_A2-p15"> + <b>Reply to Objection 6:</b> Those who row a boat act by way of one cause, and consequently what is lacking in one can be supplied by another. But those + who make a contract of betrothal act as distinct persons, since a betrothal can only be between two parties; wherefore it + is necessary for each to be qualified to contract, and thus the defect of one is an obstacle to their betrothal, nor can it + be supplied by the other. + </p> + <p id="XP_Q43_A2-p16"> + <b>Reply to Objection 7:</b> It is true that in the matter of betrothal if the contracting parties are close upon the age of seven, the contract of betrothal + is valid, since, according to the Philosopher (Phys. ii, 56), "when little is lacking it seems as though nothing were lacking." + Some fix the margin at six months. but it is better to determine it according to the condition of the contracting parties, + since the use of reason comes sooner to some than to others. + </p> + <p id="XP_Q43_A2-p17"></p> + <p id="XP_Q43_A2-p18"></p> + <a href="summa.XP_Q43_A1.html"></a> + <a href="summa.XP_Q43_A3.html"></a> + </div> + <div id="XP_Q43_A3" class="div4"> + <a href="summa.XP_Q43_A2.html"></a> + <a href="summa.XP_Q44.html"></a> + <h4 id="XP_Q43_A3-p0.1">Whether a betrothal can be dissolved?</h4> + <p id="XP_Q43_A3-p1"></p> + <p id="XP_Q43_A3-p2"> + <b>Objection 1:</b> It would seem that a betrothal cannot be dissolved if one of the parties enter religion. For if I have promised a thing to + someone I cannot lawfully pledge it to someone else. Now he who betroths himself promises his body to the woman. Therefore + he cannot make a further offering of himself to God in religion. + </p> + <p id="XP_Q43_A3-p3"> + <b>Objection 2:</b> Again, seemingly it should not be dissolved when one of the parties leaves for a distant country, because in doubtful matters + one should always choose the safer course. Now the safer course would be to wait for him. Therefore she is bound to wait for + him. + </p> + <p id="XP_Q43_A3-p4"> + <b>Objection 3:</b> Again, neither seemingly is it dissolved by sickness contracted after betrothal, for no man should be punished for being + under a penalty. Now the man who contracts an infirmity would be punished if he were to lose his right to the woman betrothed + to him. Therefore a betrothal should not be dissolved on account of a bodily infirmity. + </p> + <p id="XP_Q43_A3-p5"> + <b>Objection 4:</b> Again, neither seemingly should a betrothal be dissolved on account of a supervening affinity, for instance if the spouse + were to commit fornication with a kinswoman of his betrothed; for in that case the affianced bride would be penalized for + the sin of her affianced spouse, which is unreasonable. + </p> + <p id="XP_Q43_A3-p6"> + <b>Objection 5:</b> Again, seemingly they cannot set one another free; for it would be a proof of greatest fickleness if they contracted together + and then set one another free; and such conduct ought not to be tolerated by the Church. Therefore, etc. + </p> + <p id="XP_Q43_A3-p7"> + <b>Objection 6:</b> Again, neither seemingly ought a betrothal to be dissolved on account of the fornication of one of the parties. For a betrothal + does not yet give the one power over the body of the other; wherefore it would seem that they nowise sin against one another + if meanwhile they commit fornication. Consequently a betrothal should not be dissolved on that account. + </p> + <p id="XP_Q43_A3-p8"> + <b>Objection 7:</b> Again, neither seemingly on account of his contracting with another woman by words expressive of the present. For a subsequent + sale does not void a previous sale. Therefore neither should a second contract void a previous one. + </p> + <p id="XP_Q43_A3-p9"> + <b>Objection 8:</b> Again, neither seemingly should it be dissolved on account of deficient age; since what is not cannot be dissolved. Now a + betrothal is null before the requisite age. Therefore it cannot be dissolved. + </p> + <p id="XP_Q43_A3-p10"> + <b>I answer that,</b> In all the cases mentioned above the betrothal that has been contracted is dissolved, but in different ways. For in two of + them---namely when a party enters religion, and when either of the affianced spouses contracts with another party by words + expressive of the present---the betrothal is dissolved by law, whereas in the other cases it has to be dissolved according + to the judgment of the Church. + </p> + <p id="XP_Q43_A3-p11"> + <b>Reply to Objection 1:</b> The like promise is dissolved by spiritual death, for that promise is purely spiritual, as we shall state further on ( + <a id="XP_Q43_A3-p11.1" shape="rect" href="summa.XP_Q61_A2.html">Q[61], A[2]</a>). + </p> + <p id="XP_Q43_A3-p12"> + <b>Reply to Objection 2:</b> This doubt is solved by either party not putting in an appearance at the time fixed for completing the marriage. Wherefore + if it was no fault of that party that the marriage was not completed, he or she can lawfully marry without any sin. But if + he or she was responsible for the non-completion of the marriage, this responsibility involves the obligation of doing penance + for the broken promise---or oath if the promise was confirmed by oath---and he or + she can contract with another if they wish it, subject to the judgment of the Church. + </p> + <p id="XP_Q43_A3-p13"> + <b>Reply to Objection 3:</b> If either of the betrothed parties incur an infirmity which notably weakens the subject (as epilepsy or paralysis), or causes + a deformity (as loss of the nose or eyes, and the like), or is contrary to the good of the offspring (as leprosy, which is + wont to be transmitted to the children), the betrothal can be dissolved, lest the betrothed be displeasing to one another, + and the marriage thus contracted have an evil result. Nor is one punished for being + under a penalty, although one incurs a loss from one's penalty, and this is not unreasonable. + </p> + <p id="XP_Q43_A3-p14"> + <b>Reply to Objection 4:</b> If the affianced bridegroom has carnal knowledge of a kinswoman of his spouse, or "vice versa," the betrothal must be dissolved; + and for proof it is sufficient that the fact be the common talk, in order to avoid scandal; for causes whose effects mature + in the future are voided of their effects, not only by what actually is, but also by what happens subsequently. Hence just + as affinity, had it existed at the time of the betrothal, would have prevented + that contract, so, if it supervene before marriage, which is an effect of the betrothal, the previous contract is voided of + its effect. Nor does the other party suffer in consequence, indeed he or she gains, being set free from one who has become + hateful to God by committing fornication. + </p> + <p id="XP_Q43_A3-p15"> + <b>Reply to Objection 5:</b> Some do not admit this case. Yet they have against them the Decretal (cap. Praeterea, De spons. et matr.) which says expressly: + "Just as those who enter into a contract of fellowship by pledging their faith to one another and afterwards give it back, + so it may be patiently tolerated that those who are betrothed to one another should set one another free." Yet to this they + say that the Church allows this lest worse happen rather than because it is + according to strict law. But this does not seem to agree with the example quoted by the Decretal. + </p> + <p id="XP_Q43_A3-p16"> Accordingly we must reply that it is not always a proof of fickleness to rescind an agreement, since "our counsels are uncertain" + ( + <a class="scripRef" id="XP_Q43_A3-p16.1" href="./asv.html#Wis.9.14" target="asv">Wis. 9:14</a>). + </p> + <p id="XP_Q43_A3-p17"> + <b>Reply to Objection 6:</b> Although when they become betrothed they have not yet given one another power over one another's body, yet if this [*Referring + to the contention of the Objection] were to happen it would make them suspicious of one another's fidelity; and so one can + ensure himself against the other by breaking off the engagement. + </p> + <p id="XP_Q43_A3-p18"> + <b>Reply to Objection 7:</b> This argument would hold if each contract were of the same kind; whereas the second contract of marriage has greater force + than the first, and consequently dissolves it. + </p> + <p id="XP_Q43_A3-p19"> + <b>Reply to Objection 8:</b> Although it was not a true betrothal, there was a betrothal of a kind; and consequently, lest approval should seem to be + given when they come to the lawful age, they should seek a dissolution of the betrothal by the judgment of the Church, for + the sake of a good example. + </p> + <p id="XP_Q43_A3-p20"></p> + <p id="XP_Q43_A3-p21"></p> + <a href="summa.XP_Q43_A2.html"></a> + <a href="summa.XP_Q44.html"></a> + </div> + <a href="summa.XP_Q42_A4.html"></a> + <a href="summa.XP_Q43_A1.html"></a> + </div> + <div id="XP_Q44" class="div3"> + <a href="summa.XP_Q43_A3.html"></a> + <a href="summa.XP_Q44_A1.html"></a> + <h3 id="XP_Q44-p0.1">OF THE DEFINITION OF MATRIMONY (THREE ARTICLES)</h3> + <p id="XP_Q44-p1"></p> + <p id="XP_Q44-p2"> We must now consider the nature of matrimony. Under this head there are three points of inquiry:</p> + <p id="XP_Q44-p3"> (1) Whether matrimony is a kind of joining?</p> + <p id="XP_Q44-p4"> (2) Whether it is fittingly named?</p> + <p id="XP_Q44-p5"> (3) Whether it is fittingly defined?</p> + <div id="XP_Q44_A1" class="div4"> + <a href="summa.XP_Q44.html"></a> + <a href="summa.XP_Q44_A2.html"></a> + <h4 id="XP_Q44_A1-p0.1">Whether matrimony is a kind of joining?</h4> + <p id="XP_Q44_A1-p1"></p> + <p id="XP_Q44_A1-p2"> + <b>Objection 1:</b> It would seem that matrimony is not a kind of joining. Because the bond whereby things are tied together differs from their + joining, as cause from effect. Now matrimony is the bond whereby those who are joined in matrimony are tied together. Therefore + it is not a kind of joining. + </p> + <p id="XP_Q44_A1-p3"> + <b>Objection 2:</b> Further, every sacrament is a sensible sign. But no relation is a sensible accident. Therefore since matrimony is a sacrament, + it is not a kind of relation, and consequently neither is it a kind of joining. + </p> + <p id="XP_Q44_A1-p4"> + <b>Objection 3:</b> Further, a joining is a relation of equiparance as well as of equality. Now according to Avicenna the relation of equality + is not identically the same in each extreme. Neither therefore is there an identically same joining; and consequently if matrimony + is a kind of joining, there is not only one matrimony between man and wife. + </p> + <p id="XP_Q44_A1-p5"> + <b>On the contrary,</b> It is by relation that things are related to one another. Now by matrimony certain things are related to one another; for + the husband is the wife's husband, and the wife is the husband's wife. Therefore matrimony is a kind of relation, nor is it + other than a joining. + </p> + <p id="XP_Q44_A1-p6"> Further, the union of two things into one can result only from their being joined. Now such is the effect of matrimony ( + <a class="scripRef" id="XP_Q44_A1-p6.1" href="./asv.html#Gen.2.24" target="asv">Gn. 2:24</a>): "They shall be two in one flesh." Therefore matrimony is a kind of joining. + </p> + <p id="XP_Q44_A1-p7"> + <b>I answer that,</b> A joining denotes a kind of uniting, and so wherever things are united there must be a joining. Now things directed to one + purpose are said to be united in their direction thereto, thus many men are united in following one military calling or in + pursuing one business, in relation to which they are called fellow-soldiers or business partners. Hence, since by marriage + certain persons are directed to one begetting and upbringing of children, and again to one + family life, it is clear that in matrimony there is a joining in respect of which we speak of husband and wife; and this joining, + through being directed to some one thing, is matrimony; while the joining together of bodies and minds is a result of matrimony. + </p> + <p id="XP_Q44_A1-p8"> + <b>Reply to Objection 1:</b> Matrimony is the bond by which they are tied formally, not effectively, and so it need not be distinct from the joining. + </p> + <p id="XP_Q44_A1-p9"> + <b>Reply to Objection 2:</b> Although relation is not itself a sensible accident, its causes may be sensible. Nor is it necessary in a sacrament for that + which is both reality and sacrament [*Cf. + <a id="XP_Q44_A1-p9.1" shape="rect" href="summa.TP_Q66_A1.html">TP, Q[66], A[1]</a>] to be sensible (for such is the relation of the aforesaid joining to this sacrament), whereas the words expressive of consent, + which are sacrament only and are the cause of that same joining, are sensible. + </p> + <p id="XP_Q44_A1-p10"> + <b>Reply to Objection 3:</b> A relation is founded on something as its cause---for instance likeness is founded on quality---and on something as its subject---for + instance in the things themselves that are like; and on either hand we may find unity and diversity of relation. Since then + it is not the same identical quality that conduces to likeness, but the same specific quality in each of the like subjects, + and since, moreover, the subjects of likeness are two in number, and the + same applies to equality, it follows that both equality and likeness are in every way numerically distinct in either of the + like or equal subjects. But the relations of matrimony, on the one hand, have unity in both extremes, namely on the part of + the cause, since it is directed to the one identical begetting; whereas on the part of the subject there is numerical diversity. + The fact of this relation having a diversity of subjects is signified by the terms "husband" and "wife," while its unity + is denoted by its being called matrimony. + </p> + <p id="XP_Q44_A1-p11"></p> + <p id="XP_Q44_A1-p12"></p> + <a href="summa.XP_Q44.html"></a> + <a href="summa.XP_Q44_A2.html"></a> + </div> + <div id="XP_Q44_A2" class="div4"> + <a href="summa.XP_Q44_A1.html"></a> + <a href="summa.XP_Q44_A3.html"></a> + <h4 id="XP_Q44_A2-p0.1">Whether matrimony is fittingly named?</h4> + <p id="XP_Q44_A2-p1"></p> + <p id="XP_Q44_A2-p2"> + <b>Objection 1:</b> It would seem that matrimony is unfittingly named. Because a thing should be named after that which ranks higher. But the + father ranks above the mother. Therefore the union of father and mother should rather be named after the father. + </p> + <p id="XP_Q44_A2-p3"> + <b>Objection 2:</b> Further, a thing should be named from that which is essential to it, since a "definition expresses the nature signified by + a name" (Metaph. iv, 28). Now nuptials are not essential to matrimony. Therefore matrimony should not be called nuptials. + </p> + <p id="XP_Q44_A2-p4"> + <b>Objection 3:</b> Further, a species cannot take its proper name from that which belongs to the genus. Now a joining [conjunctio] is the genus + of matrimony. Therefore it should not be called a conjugal union. + </p> + <p id="XP_Q44_A2-p5"> + <b>On the contrary,</b> stands the common use of speech. + </p> + <p id="XP_Q44_A2-p6"> + <b>I answer that,</b> Three things may be considered in matrimony. First, its essence, which is a joining together, and in reference to this it + is called the "conjugal union"; secondly, its cause, which is the wedding, and in reference to this it is called the "nuptial + union" from "nubo" [*The original meaning of 'nubo' is 'to veil'], because at the wedding ceremony, whereby the marriage is + completed, the heads of those who are wedded are covered with a veil [*This is still done + in some countries]; thirdly, the effect, which is the offspring, and in reference to this it is called "matrimony," as Augustine + says (Contra Faust. xix, 26), because "a woman's sole purpose in marrying should be motherhood." Matrimony may also be resolved + into "matris munium" [*i.e. munus], i.e. a mother's duty, since the duty of bringing up the children chiefly devolves on the + women; or into "matrem muniens," because it provides the mother with a protector and support in the person of her + husband; or into "matrem monens," as admonishing her not to leave her husband and take up with another man; or into "materia + unius," because it is a joining together for the purpose of providing the matter of one offspring as though it were derived + from {monos} and "materia"; or into "matre" and "nato," as Isidore says (Etym. ix), because it makes a woman the mother of + a child. + </p> + <p id="XP_Q44_A2-p7"> + <b>Reply to Objection 1:</b> Although the father ranks above the mother, the mother has more to do with the offspring than the father has. or we may say + that woman was made chiefly in order to be man's helpmate in relation to the offspring, whereas the man was not made for this + purpose. Wherefore the mother has a closer relation to the nature of marriage than the father has. + </p> + <p id="XP_Q44_A2-p8"> + <b>Reply to Objection 2:</b> Sometimes essentials are known by accidentals, wherefore some things can be named even after their accidentals, since a name + is given to a thing for the purpose that it may become known. + </p> + <p id="XP_Q44_A2-p9"> + <b>Reply to Objection 3:</b> Sometimes a species is named after something pertaining to the genus on account of an imperfection in the species, when namely + it has the generic nature completely, yet adds nothing pertaining to dignity; thus the accidental property retains the name + of property, which is common to it and to the definition. Sometimes, however, it is on account of a perfection, when we find + the generic nature completely in one species and not in another; thus animal is + named from soul [anima], and this belongs to an animate body, which is the genus of animal; yet animation is not found perfectly + in those animate beings that are not animals. It is thus with the case in point. for the joining of husband and wife by matrimony + is the greatest of all joinings, since it is a joining of soul and body, wherefore it is called a "conjugal" union. + </p> + <p id="XP_Q44_A2-p10"></p> + <p id="XP_Q44_A2-p11"></p> + <a href="summa.XP_Q44_A1.html"></a> + <a href="summa.XP_Q44_A3.html"></a> + </div> + <div id="XP_Q44_A3" class="div4"> + <a href="summa.XP_Q44_A2.html"></a> + <a href="summa.XP_Q45.html"></a> + <h4 id="XP_Q44_A3-p0.1">Whether matrimony is fittingly defined in the text?</h4> + <p id="XP_Q44_A3-p1"></p> + <p id="XP_Q44_A3-p2"> + <b>Objection 1:</b> It would seem that matrimony is unfittingly defined in the text* (Sent. iv, D, 27). [*The definition alluded to is as follows: + "Marriage is the marital union of man and woman involving living together in undivided partnership."] For it is necessary + to mention matrimony in defining a husband, since it is the husband who is joined to the woman in matrimony. Now "marital + union" is put in the definition of matrimony. Therefore in these definitions there would seem + to be a vicious circle. + </p> + <p id="XP_Q44_A3-p3"> + <b>Objection 2:</b> Further, matrimony makes the woman the man's wife no less than it makes the man the woman's husband. Therefore it should + not be described as a "marital union" rather than an uxorial union. + </p> + <p id="XP_Q44_A3-p4"> + <b>Objection 3:</b> Further, habit [consuetudo] pertains to morals. Yet it often happens that married persons differ very much in habit. Therefore + the words "involving their living together [consuetudinem] in undivided partnership" should have no place in the definition + of matrimony. + </p> + <p id="XP_Q44_A3-p5"> + <b>Objection 4:</b> Further, we find other definitions given of matrimony, for according to Hugh (Sum. Sent. vii, 6), "matrimony is the lawful + consent of two apt persons to be joined together." Also, according to some, "matrimony is the fellowship of a common life + and a community regulated by Divine and human law"; and we ask how these definitions differ. + </p> + <p id="XP_Q44_A3-p6"> + <b>I answer that,</b> As stated above + <a id="XP_Q44_A3-p6.1" shape="rect" href="summa.XP_Q44_A2.html">(A[2])</a>, three things are to be considered in matrimony, namely its cause, its essence, and its effect; and accordingly we find three + definitions given of matrimony. For the definition of Hugh indicates the cause, namely the consent, and this definition is + self-evident. The definition given in the text indicates the essence of matrimony, namely the "union," and adds determinate + subjects by the words "between lawful + persons." It also points to the difference of the contracting parties in reference to the species, by the word "marital," + for since matrimony is a joining together for the purpose of some one thing, this joining together is specified by the purpose + to which it is directed, and this is what pertains to the husband [maritum]. It also indicates the force of this joining---for + it is indissoluble---by the words "involving," etc. + </p> + <p id="XP_Q44_A3-p7"> The remaining definition indicates the effect to which matrimony is directed, namely the common life in family matters. And + since every community is regulated by some law, the code according to which this community is directed, namely Divine and + human law, finds a place in this definition. while other communities, such as those of traders or soldiers, are established + by human law alone. + </p> + <p id="XP_Q44_A3-p8"> + <b>Reply to Objection 1:</b> Sometimes the prior things from which a definition ought to be given are not known to us, and consequently certain things + are defined from things that are posterior simply, but prior to us; thus in the definition of quality the Philosopher employs + the word "such" [quale] when he says (Cap. De Qualitate) that "quality is that whereby we are said to be such." Thus, too, + in defining matrimony we say that it is a "marital union," by which we mean that + matrimony is a union for the purpose of those things required by the marital office, all of which could not be expressed in + one word. + </p> + <p id="XP_Q44_A3-p9"> + <b>Reply to Objection 2:</b> As stated + <a id="XP_Q44_A3-p9.1" shape="rect" href="summa.XP_Q44_A2.html">(A[2])</a>, this difference indicates the end of the union. And since, according to the Apostle ( + <a class="scripRef" id="XP_Q44_A3-p9.2" href="./asv.html#iCor.11.9" target="asv">1 Cor. 11:9</a>), the "man is not [Vulg.: 'was not created'] for the woman, but the woman for the man," it follows that this difference should + be indicated in reference to the man rather than the woman. + </p> + <p id="XP_Q44_A3-p10"> + <b>Reply to Objection 3:</b> Just as the civic life denotes not the individual act of this or that one, but the things that concern the common action + of the citizens, so the conjugal life is nothing else than a particular kind of companionship pertaining to that common action. + wherefore as regards this same life the partnership of married persons is always indivisible, although it is divisible as + regards the act belonging to each party. + </p> + <p id="XP_Q44_A3-p11"> The Reply to the Fourth Objection is clear from what has been said above.</p> + <p id="XP_Q44_A3-p12"></p> + <p id="XP_Q44_A3-p13"></p> + <a href="summa.XP_Q44_A2.html"></a> + <a href="summa.XP_Q45.html"></a> + </div> + <a href="summa.XP_Q43_A3.html"></a> + <a href="summa.XP_Q44_A1.html"></a> + </div> + <div id="XP_Q45" class="div3"> + <a href="summa.XP_Q44_A3.html"></a> + <a href="summa.XP_Q45_A1.html"></a> + <h3 id="XP_Q45-p0.1">OF THE MARRIAGE CONSENT CONSIDERED IN ITSELF (FIVE ARTICLES)</h3> + <p id="XP_Q45-p1"></p> + <p id="XP_Q45-p2"> In the next place we have to consider the consent; and the first point to discuss is the consent considered in itself; the + second is the consent confirmed by oath or by carnal intercourse; the third is compulsory consent and conditional consent; + and the fourth is the object of the consent. + </p> + <p id="XP_Q45-p3"> Under the first head there are five points of inquiry:</p> + <p id="XP_Q45-p4"> (1) Whether the consent is the efficient cause of matrimony?</p> + <p id="XP_Q45-p5"> (2) Whether the consent needs to be expressed in words?</p> + <p id="XP_Q45-p6"> (3) Whether consent given in words expressive of the future makes a marriage?</p> + <p id="XP_Q45-p7"> (4) Whether consent given in words expressive of the present, without inward consent, makes a true marriage outwardly?</p> + <p id="XP_Q45-p8"> (5) Whether consent given secretly in words expressive of the present makes a marriage?</p> + <div id="XP_Q45_A1" class="div4"> + <a href="summa.XP_Q45.html"></a> + <a href="summa.XP_Q45_A2.html"></a> + <h4 id="XP_Q45_A1-p0.1">Whether consent is the efficient cause of matrimony?</h4> + <p id="XP_Q45_A1-p1"></p> + <p id="XP_Q45_A1-p2"> + <b>Objection 1:</b> It would seem that consent is not the efficient cause of matrimony. For the sacraments depend not on the human will but on + the Divine institution, as shown above (Sent. iv, D, 2; + <a id="XP_Q45_A1-p2.1" shape="rect" href="summa.TP_Q64_A2.html">TP, Q[64], A[2]</a>). But consent belongs to the human will. Therefore it is no more the cause of matrimony than of the other sacraments. + </p> + <p id="XP_Q45_A1-p3"> + <b>Objection 2:</b> Further, nothing is its own cause. But seemingly matrimony is nothing else than the consent, since it is the consent which + signifies the union of Christ with the Church. + </p> + <p id="XP_Q45_A1-p4"> + <b>Objection 3:</b> Further, of one thing there should be one cause. Now there is one marriage between two persons, as stated above ( + <a id="XP_Q45_A1-p4.1" shape="rect" href="summa.XP_Q44_A1.html">Q[44], A[1]</a>); whereas the consents of the two parties are distinct, for they are given by different persons and to different things, + since on the one hand there is consent to take a husband, and on the other hand consent to take a wife. Therefore mutual consent + is not the cause of matrimony. + </p> + <p id="XP_Q45_A1-p5"> + <b>On the contrary,</b> Chrysostom [*Hom. xxxii in the Opus Imperfectum, falsely ascribed to St. John Chrysostom] says: "It is not coition but consent + that makes a marriage." + </p> + <p id="XP_Q45_A1-p6"> Further, one person does not receive power over that which is at the free disposal of another, without the latter's consent. + Now by marriage each of the married parties receives power over the other's body ( + <a class="scripRef" id="XP_Q45_A1-p6.1" href="./asv.html#iCor.7.4" target="asv">1 Cor. 7:4</a>), whereas hitherto each had free power over his own body. Therefore consent makes a marriage. + </p> + <p id="XP_Q45_A1-p7"> + <b>I answer that,</b> In every sacrament there is a spiritual operation by means of a material operation which signifies it; thus in Baptism the + inward spiritual cleansing is effected by a bodily cleansing. Wherefore, since in matrimony there is a kind of spiritual joining + together, in so far as matrimony is a sacrament, and a certain material joining together, in so far as it is directed to an + office of nature and of civil life, it follows that the spiritual joining is the + effect of the Divine power by means of the material joining. Therefore seeing that the joinings of material contracts are + effected by mutual consent, it follows that the joining together of marriage is effected in the same way. + </p> + <p id="XP_Q45_A1-p8"> + <b>Reply to Objection 1:</b> The first cause of the sacraments is the Divine power which works in them the welfare of the soul; but the second or instrumental + causes are material operations deriving their efficacy from the Divine institution, and thus consent is the cause in matrimony. + </p> + <p id="XP_Q45_A1-p9"> + <b>Reply to Objection 2:</b> Matrimony is not the consent itself, but the union of persons directed to one purpose, as stated above ( + <a id="XP_Q45_A1-p9.1" shape="rect" href="summa.XP_Q44_A1.html">Q[44], A[1]</a>), and this union is the effect of the consent. Moreover, the consent, properly speaking, signifies not the union of Christ + with the Church, but His will whereby His union with the Church was brought about. + </p> + <p id="XP_Q45_A1-p10"> + <b>Reply to Objection 3:</b> Just as marriage is one on the part of the object to which the union is directed, whereas it is more than one on the part + of the persons united, so too the consent is one on the part of the thing consented to, namely the aforesaid union, whereas + it is more than one on the part of the persons consenting. Nor is the direct object of consent a husband but union with a + husband on the part of the wife, even as it is union with a wife on the part of the + husband. + </p> + <p id="XP_Q45_A1-p11"></p> + <p id="XP_Q45_A1-p12"></p> + <a href="summa.XP_Q45.html"></a> + <a href="summa.XP_Q45_A2.html"></a> + </div> + <div id="XP_Q45_A2" class="div4"> + <a href="summa.XP_Q45_A1.html"></a> + <a href="summa.XP_Q45_A3.html"></a> + <h4 id="XP_Q45_A2-p0.1">Whether the consent needs to be expressed in words?</h4> + <p id="XP_Q45_A2-p1"></p> + <p id="XP_Q45_A2-p2"> + <b>Objection 1:</b> It would seem that there is no need for the consent to be expressed in words. For a man is brought under another's power + by a vow just as he is by matrimony. Now a vow is binding in God's sight, even though it be not expressed in words. Therefore + consent also makes a marriage binding even without being expressed in words. + </p> + <p id="XP_Q45_A2-p3"> + <b>Objection 2:</b> Further, there can be marriage between persons who are unable to express their mutual consent in words, through being dumb + or of different languages. Therefore expression of the consent by words is not required for matrimony. + </p> + <p id="XP_Q45_A2-p4"> + <b>Objection 3:</b> Further, if that which is essential to a sacrament be omitted for any reason whatever, there is no sacrament. Now there is + a case of marriage without the expression of words if the maid is silent through bashfulness when her parents give her away + to the bridegroom. Therefore the expression of words is not essential to matrimony. + </p> + <p id="XP_Q45_A2-p5"> + <b>On the contrary,</b> Matrimony is a sacrament. Now a sensible sign is required in every sacrament. Therefore it is also required in matrimony, + and consequently there must needs be at least words by which the consent is made perceptible to the senses. + </p> + <p id="XP_Q45_A2-p6"> Further, in matrimony there is a contract between husband and wife. Now in every contract there must be expression of the + words by which men bind themselves mutually to one another. Therefore in matrimony also the consent must be expressed in words. + </p> + <p id="XP_Q45_A2-p7"> + <b>I answer that,</b> As stated above + <a id="XP_Q45_A2-p7.1" shape="rect" href="summa.XP_Q45_A1.html">(A[1])</a>, the marriage union is effected in the same way as the bond in material contracts. And since material contracts are not feasible + unless the contracting parties express their will to one another in words, it follows that the consent which makes a marriage + must also be expressed in words, so that the expression of words is to marriage what the outward washing is to Baptism. + </p> + <p id="XP_Q45_A2-p8"> + <b>Reply to Objection 1:</b> In a vow there is not a sacramental but only a spiritual bond, wherefore there is no need for it to be done in the same way + as material contracts, in order that it be binding, as in the case of matrimony. + </p> + <p id="XP_Q45_A2-p9"> + <b>Reply to Objection 2:</b> Although the like cannot plight themselves to one another in words, they can do so by signs, and such signs count for words. + </p> + <p id="XP_Q45_A2-p10"> + <b>Reply to Objection 3:</b> According to Hugh of S. Victor (Tract. vii, Sum. Sent.), persons who are being married should give their consent by accepting + one another freely. and this is judged to be the case if they show no dissent when they are being wedded. Wherefore in such + a case the words of the parents are taken as being the maid's, for the fact that she does not contradict them is a sign that + they are her words. + </p> + <p id="XP_Q45_A2-p11"></p> + <p id="XP_Q45_A2-p12"></p> + <a href="summa.XP_Q45_A1.html"></a> + <a href="summa.XP_Q45_A3.html"></a> + </div> + <div id="XP_Q45_A3" class="div4"> + <a href="summa.XP_Q45_A2.html"></a> + <a href="summa.XP_Q45_A4.html"></a> + <h4 id="XP_Q45_A3-p0.1">Whether consent given in words expressive of the future makes a marriage?</h4> + <p id="XP_Q45_A3-p1"></p> + <p id="XP_Q45_A3-p2"> + <b>Objection 1:</b> It would seem that consent given in words expressive of the future makes a marriage. For as present is to present, so is + future to future. But consent given in words expressive of the present makes a marriage in the present. Therefore consent + given in words expressive of the future makes a marriage in the future. + </p> + <p id="XP_Q45_A3-p3"> + <b>Objection 2:</b> Further, in other civil contracts, just as in matrimony, a certain obligation results from the words expressing consent. + Now in other contracts it matters not whether the obligation is effected by words of the present or of the future tense. Therefore + neither does it make any difference in matrimony. + </p> + <p id="XP_Q45_A3-p4"> + <b>Objection 3:</b> Further, by the religious vow man contracts a spiritual marriage with God. Now the religious vow is expressed in words of + the future tense, and is binding. Therefore carnal marriage also can be effected by words of the future tense. + </p> + <p id="XP_Q45_A3-p5"> + <b>On the contrary,</b> A man who consents in words of the future tense to take a particular woman as his wife, and after, by words of the present + tense, consents to take another, according to law must take the second for his wife (cap. Sicut ex Litteris, De spons. et + matr.). But this would not be the case if consent given in words of the future tense made a marriage, since from the very + fact that his marriage with the one is valid, he cannot, as long as she lives, marry another. + Therefore consent given in words of the future tense does not make a marriage. + </p> + <p id="XP_Q45_A3-p6"> Further, he who promises to do a certain thing does it not yet. Now he who consents in words of the future tense, promises + to marry a certain woman. Therefore he does not marry her yet. + </p> + <p id="XP_Q45_A3-p7"> + <b>I answer that,</b> The sacramental causes produce their effect by signifying it; hence they effect what they signify. Since therefore when a + man expresses his consent by words of the future tense, he does not signify that he is marrying, but promises that he will + marry, it follows that a consent expressed in this manner does not make a marriage, but a promise [sponsionem] of marriage, + and this promise is known as a betrothal [sponsalia]. + </p> + <p id="XP_Q45_A3-p8"> + <b>Reply to Objection 1:</b> When consent is expressed in words of the present tense, not only are the words actually present, but consent is directed + to the present, so that they coincide in point of time; but when consent is given in words of the future tense, although the + words are actually present, the consent is directed to a future time, and hence they do not coincide in point of time. For + this reason the comparison fails. + </p> + <p id="XP_Q45_A3-p9"> + <b>Reply to Objection 2:</b> Even in other contracts, a man who uses words referring to the future, does not transfer the power over his property to another + person---for instance if he were to say "I will give thee"---but only when he uses words indicative of the present. + </p> + <p id="XP_Q45_A3-p10"> + <b>Reply to Objection 3:</b> In the vow of religious profession it is not the spiritual marriage itself that is expressed in words which refer to the + future, but an act of the spiritual marriage, namely obedience or observance of the rule. If, however, a man vow spiritual + marriage in the future, it is not a spiritual marriage, for a man does not become a monk by taking such a vow, but promises + to become one. + </p> + <p id="XP_Q45_A3-p11"></p> + <p id="XP_Q45_A3-p12"></p> + <p id="XP_Q45_A3-p13"></p> + <a href="summa.XP_Q45_A2.html"></a> + <a href="summa.XP_Q45_A4.html"></a> + </div> + <div id="XP_Q45_A4" class="div4"> + <a href="summa.XP_Q45_A3.html"></a> + <a href="summa.XP_Q45_A5.html"></a> + <h4 id="XP_Q45_A4-p0.1">Whether, in the absence of inward consent, a marriage is made by consent given in words of the present?</h4> + <p id="XP_Q45_A4-p1"></p> + <p id="XP_Q45_A4-p2"> + <b>Objection 1:</b> It would seem that even in the absence of inward consent a marriage is made by consent expressed in words of the present. + For "fraud and deceit should benefit no man," according to the law (cap. Ex Tenore, De Rescrip., cap. Si Vir, De cognat. spir.). + Now he who gives consent in words without consenting in heart commits a fraud. Therefore he should not benefit by it, through + being released of the bond of marriage. + </p> + <p id="XP_Q45_A4-p3"> + <b>Objection 2:</b> Further, the mental consent of one person cannot be known to another, except in so far as it is expressed in words. If then + the expression of the words is not enough, and inward consent is required in both parties, neither of them will be able to + know that he is truly married to the other; and consequently whenever he uses marriage he will commit fornication. + </p> + <p id="XP_Q45_A4-p4"> + <b>Objection 3:</b> Further, if a man is proved to have consented to take a certain woman to wife in words of the present tense, he is compelled + under pain of excommunication to take her as his wife, even though he should say that he was wanting in mental consent, notwithstanding + that afterwards he may have contracted marriage with another woman by words expressive of consent in the present. But this + would not be the case if mental consent were requisite for marriage. Therefore + it is not required. + </p> + <p id="XP_Q45_A4-p5"> + <b>On the contrary,</b> Innocent III says in a Decretal (cap. Tua Nos, De Spons. et matr.) in reference to this case: "Other things cannot complete + the marriage bond in the absence of consent." + </p> + <p id="XP_Q45_A4-p6"> Further, intention is necessary in all the sacraments. Now he who consents not in his heart has no intention of contracting + marriage; and therefore he does not contract a marriage. + </p> + <p id="XP_Q45_A4-p7"> + <b>I answer that,</b> The outward cleansing stands in the same relation to baptism as the expression of words to this sacrament, as stated above + + <a id="XP_Q45_A4-p7.1" shape="rect" href="summa.XP_Q45_A2.html">(A[2])</a>. Wherefore just as were a person to receive the outward cleansing, with the intention, not of receiving the sacrament, but + of acting in jest or deceit, he would not be baptized; so, too, expression of words without inward consent makes no marriage. + </p> + <p id="XP_Q45_A4-p8"> + <b>Reply to Objection 1:</b> There are two things here, namely the lack of consent---which benefits him in the tribunal of his conscience so that he is + not bound by the marriage tie, albeit not in the tribunal of the Church where judgment is pronounced according to the evidence---and + the deceit in the words, which does not benefit him, neither in the tribunal of his conscience nor in the tribunal of the + Church, since in both he is punished for this. + </p> + <p id="XP_Q45_A4-p9"> + <b>Reply to Objection 2:</b> If mental consent is lacking in one of the parties, on neither side is there marriage, since marriage consists in a mutual + joining together, as stated above ( + <a id="XP_Q45_A4-p9.1" shape="rect" href="summa.XP_Q44_A1.html">Q[44], A[1]</a>). However one may believe that in all probability there is no fraud unless there be evident signs thereof; because we must + presume good of everyone, unless there be proof of the contrary. Consequently the party in whom there is no fraud is excused + from sin on + account of ignorance. + </p> + <p id="XP_Q45_A4-p10"> + <b>Reply to Objection 3:</b> In such a case the Church compels him to hold to his first wife, because the Church judges according to outward appearances; + nor is she deceived in justice or right, although she is deceived in the facts of the case. Yet such a man ought to bear the + excommunication rather than return to his first wife; or else he should go far away into another country. + </p> + <p id="XP_Q45_A4-p11"></p> + <p id="XP_Q45_A4-p12"></p> + <a href="summa.XP_Q45_A3.html"></a> + <a href="summa.XP_Q45_A5.html"></a> + </div> + <div id="XP_Q45_A5" class="div4"> + <a href="summa.XP_Q45_A4.html"></a> + <a href="summa.XP_Q46.html"></a> + <h4 id="XP_Q45_A5-p0.1">Whether consent given secretly in words of the present makes a marriage?</h4> + <p id="XP_Q45_A5-p1"></p> + <p id="XP_Q45_A5-p2"> + <b>Objection 1:</b> It would seem that consent given secretly in words of the present does not make a marriage. For a thing that is in one person's + power is not transferred to the power of another without the consent of the person in whose power it was. Now the maid is + in her father's power. Therefore she cannot by marriage be transferred to a husband's power without her father's consent. + Wherefore if consent be given secretly, even though it should be expressed in words of the + present, there will be no marriage. + </p> + <p id="XP_Q45_A5-p3"> + <b>Objection 2:</b> Further, in penance, just as in matrimony, our act is as it were essential to the sacrament. But the sacrament of penance + is not made complete except by means of the ministers of the Church, who are the dispensers of the sacraments. Therefore neither + can marriage be perfected without the priest's blessing. + </p> + <p id="XP_Q45_A5-p4"> + <b>Objection 3:</b> Further, the Church does not forbid baptism to be given secretly, since one may baptize either privately or publicly. But + the Church does forbid the celebration of clandestine marriages (cap. Cum inhibitio, De clandest. despons.). Therefore they + cannot be done secretly. + </p> + <p id="XP_Q45_A5-p5"> + <b>Objection 4:</b> Further, marriage cannot be contracted by those who are related in the second degree, because the Church has forbidden it. + But the Church has also forbidden clandestine marriages. Therefore they cannot be valid marriages. + </p> + <p id="XP_Q45_A5-p6"> + <b>On the contrary,</b> Given the cause the effect follows. Now the sufficient cause of matrimony is consent expressed in words of the present. Therefore + whether this be done in public or in private the result is a marriage. + </p> + <p id="XP_Q45_A5-p7"> Further, wherever there is the due matter and the due form of a sacrament there is the sacrament. Now in a secret marriage + there is the due matter, since there are persons who are able lawfully to contract---and the due form, since there are the + words of the present expressive of consent. Therefore there is a true marriage. + </p> + <p id="XP_Q45_A5-p8"> + <b>I answer that,</b> Just as in the other sacraments certain things are essential to the sacrament, and if they are omitted there is no sacrament, + while certain things belong to the solemnization of the sacrament, and if these be omitted the sacrament is nevertheless validly + performed, although it is a sin to omit them; so, too, consent expressed in words of the present between persons lawfully + qualified to contract makes a marriage, because these two conditions are essential to + the sacrament; while all else belongs to the solemnization of the sacrament, as being done in order that the marriage may + be more fittingly performed. Hence if these be omitted it is a true marriage, although the contracting parties sin, unless + they have a lawful motive for being excused. [*Clandestine marriages have since been declared invalid by the Council of Trent + (sess. xxiv). It must be borne in mind that throughout the treatise on marriage St. Thomas gives the Canon Law of his time.] + </p> + <p id="XP_Q45_A5-p9"> + <b>Reply to Objection 1:</b> The maid is in her father's power, not as a female slave without power over her own body, but as a daughter, for the purpose + of education. Hence, in so far as she is free, she can give herself into another's power without her father's consent, even + as a son or daughter, since they are free, may enter religion without their parent's consent. + </p> + <p id="XP_Q45_A5-p10"> + <b>Reply to Objection 2:</b> In penance our act, although essential to the sacrament, does not suffice for producing the proximate effect of the sacrament, + namely forgiveness of sins, and consequently it is necessary that the act of the priest intervene in order that the sacrament + be perfected. But in matrimony our acts are the sufficient cause for the production of the proximate effect, which is the + marriage bond, because whoever has the right to dispose of himself can bind + himself to another. Consequently the priest's blessing is not required for matrimony as being essential to the sacrament. + </p> + <p id="XP_Q45_A5-p11"> + <b>Reply to Objection 3:</b> It is also forbidden to receive baptism otherwise than from a priest, except in a case of necessity. But matrimony is not + a necessary sacrament: and consequently the comparison fails. However, clandestine marriages are forbidden on account of the + evil results to which they are liable, since it often happens that one of the parties is guilty of fraud in such marriages; + frequently, too, they have recourse to other nuptials when they repent of having + married in haste; and many other evils result therefrom, besides which there is something disgraceful about them. + </p> + <p id="XP_Q45_A5-p12"> + <b>Reply to Objection 4:</b> Clandestine marriages are not forbidden as though they were contrary to the essentials of marriage, in the same way as the + marriages of unlawful persons, who are undue matter for this sacrament; and hence there is no comparison. + </p> + <p id="XP_Q45_A5-p13"></p> + <p id="XP_Q45_A5-p14"></p> + <a href="summa.XP_Q45_A4.html"></a> + <a href="summa.XP_Q46.html"></a> + </div> + <a href="summa.XP_Q44_A3.html"></a> + <a href="summa.XP_Q45_A1.html"></a> + </div> + <div id="XP_Q46" class="div3"> + <a href="summa.XP_Q45_A5.html"></a> + <a href="summa.XP_Q46_A1.html"></a> + <h3 id="XP_Q46-p0.1">OF THE CONSENT TO WHICH AN OATH OR CARNAL INTERCOURSE IS APPENDED (TWO ARTICLES) </h3> + <p id="XP_Q46-p1"></p> + <p id="XP_Q46-p2"> We must now consider the consent to which an oath or carnal intercourse is appended. Under this head there are two points + of inquiry: + </p> + <p id="XP_Q46-p3"> (1) Whether an oath added to the consent that is expressed in words of the future tense makes a marriage?</p> + <p id="XP_Q46-p4"> (2) Whether carnal intercourse supervening to such a consent makes a marriage?</p> + <div id="XP_Q46_A1" class="div4"> + <a href="summa.XP_Q46.html"></a> + <a href="summa.XP_Q46_A2.html"></a> + <h4 id="XP_Q46_A1-p0.1">Whether an oath added to the consent that is expressed in words of the future tense makes a marriage?</h4> + <p id="XP_Q46_A1-p1"></p> + <p id="XP_Q46_A1-p2"> + <b>Objection 1:</b> It would seem that if an oath be added to a consent that is expressed in words of the future tense it makes a marriage. For + no one can bind himself to act against the Divine Law. But the fulfilling of an oath is of Divine law according to + <a class="scripRef" id="XP_Q46_A1-p2.1" href="./asv.html#Matt.5.33" target="asv"> Mat. 5:33, </a> "Thou shalt perform thy oaths to the Lord." Consequently no subsequent obligation can relieve a man of the obligation to + keep an oath previously taken. If, therefore, after consenting to marry a + woman by words expressive of the future and confirming that consent with an oath, a man binds himself to another woman by + words expressive of the present, it would seem that none the less he is bound to keep his former oath. But this would not + be the case unless that oath made the marriage complete. Therefore an oath affixed to a consent expressed in words of the + future tense makes a marriage. + </p> + <p id="XP_Q46_A1-p3"> + <b>Objection 2:</b> Further, Divine truth is stronger than human truth. Now an oath confirms a thing with the Divine truth. Since then words + expressive of consent in the present in which there is mere human truth complete a marriage, it would seem that much more + is this the case with words of the future confirmed by an oath. + </p> + <p id="XP_Q46_A1-p4"> + <b>Objection 3:</b> Further, according to the Apostle ( + <a class="scripRef" id="XP_Q46_A1-p4.1" href="./asv.html#Heb.6.16" target="asv">Heb. 6:16</a>), "An oath for confirmation is the end of all . . . controversy"; wherefore in a court of justice at any rate one must stand + by an oath rather than by a mere affirmation. Therefore if a man consent to marry a woman by a simple affirmation expressed + in words of the present, after having consented to marry another in words of the future confirmed by oath, it would seem that + in the judgment of the + Church he should be compelled to take the first and not the second as his wife. + </p> + <p id="XP_Q46_A1-p5"> + <b>Objection 4:</b> Further, the simple uttering of words relating to the future makes a betrothal. But the addition of an oath must have some + effect. Therefore it makes something more than a betrothal. Now beyond a betrothal there is nothing but marriage. Therefore + it makes a marriage. + </p> + <p id="XP_Q46_A1-p6"> + <b>On the contrary,</b> What is future is not yet. Now the addition of an oath does not make words of the future tense signify anything else than + consent to something future. Therefore it is not a marriage yet. + </p> + <p id="XP_Q46_A1-p7"> Further, after a marriage is complete, no further consent is required for the marriage. But after the oath there is yet another + consent which makes the marriage, else it would be useless to swear to a future marriage. Therefore it does not make a marriage. + </p> + <p id="XP_Q46_A1-p8"> + <b>I answer that,</b> An oath is employed in confirmation of one's words; wherefore it confirms that only which is signified by the words, nor + does it change their signification. Consequently, since it belongs to words of the future tense, by their very signification, + not to make a marriage, since what is promised in the future is not done yet, even though an oath be added to the promise, + the marriage is not made yet, as the Master says in the text (Sent. iv, D, 28). + </p> + <p id="XP_Q46_A1-p9"> + <b>Reply to Objection 1:</b> The fulfilling of a lawful oath is of Divine law, but not the fulfilling of an unlawful oath. Wherefore if a subsequent obligation + makes that oath unlawful, whereas it was lawful before, he who does not keep the oath he took previously does not disobey + the Divine law. And so it is in the case in point; since he swears unlawfully who promises unlawfully; and a promise about + another's property is unlawful. Consequently the subsequent consent by words of + the present, whereby a man transfers the power over his body to another woman, makes the previous oath unlawful which was + lawful before. + </p> + <p id="XP_Q46_A1-p10"> + <b>Reply to Objection 2:</b> The Divine truth is most efficacious in confirming that to which it is applied. Hence the Reply to the Third Objection is + clear. + </p> + <p id="XP_Q46_A1-p11"> + <b>Reply to Objection 4:</b> The oath has some effect, not by causing a new obligation, but confirming that which is already made, and thus he who violates + it sins more grievously. + </p> + <p id="XP_Q46_A1-p12"></p> + <p id="XP_Q46_A1-p13"></p> + <a href="summa.XP_Q46.html"></a> + <a href="summa.XP_Q46_A2.html"></a> + </div> + <div id="XP_Q46_A2" class="div4"> + <a href="summa.XP_Q46_A1.html"></a> + <a href="summa.XP_Q47.html"></a> + <h4 id="XP_Q46_A2-p0.1">Whether carnal intercourse after consent expressed in words of the future makes a marriage?</h4> + <p id="XP_Q46_A2-p1"></p> + <p id="XP_Q46_A2-p2"> + <b>Objection 1:</b> It would seem that carnal intercourse after consent expressed in words of the future makes a marriage. For consent by deed + is greater than consent by word. But he who has carnal intercourse consents by deed to the promise he has previously made. + Therefore it would seem that much more does this make a marriage than if he were to consent to mere words referring to the + present. + </p> + <p id="XP_Q46_A2-p3"> + <b>Objection 2:</b> Further, not only explicit but also interpretive consent makes a marriage. Now there can be no better interpretation of consent + than carnal intercourse. Therefore marriage is completed thereby. + </p> + <p id="XP_Q46_A2-p4"> + <b>Objection 3:</b> Further, all carnal union outside marriage is a sin. But the woman, seemingly, does not sin by admitting her betrothed to + carnal intercourse. Therefore it makes a marriage. + </p> + <p id="XP_Q46_A2-p5"> + <b>Objection 4:</b> Further, "Sin is not forgiven unless restitution be made," as Augustine says (Ep. cliii ad Macedon.). Now a man cannot reinstate + a woman whom he has violated under the pretense of marriage unless he marry her. Therefore it would seem that even if, after + his carnal intercourse, he happen to contract with another by words of the present tense, he is bound to return to the first; + and this would not be the case unless he were married to her. Therefore carnal + intercourse after consent referring to the future makes a marriage. + </p> + <p id="XP_Q46_A2-p6"> + <b>On the contrary,</b> Pope Nicholas I says (Resp. ad Consult. Bulg. iii; Cap. Tuas dudum, De clandest. despons.), "Without the consent to marriage, + other things, including coition, are of no effect." + </p> + <p id="XP_Q46_A2-p7"> Further, that which follows a thing does not make it. But carnal intercourse follows the actual marriage, as effect follows + cause. Therefore it cannot make a marriage. + </p> + <p id="XP_Q46_A2-p8"> + <b>I answer that,</b> We may speak of marriage in two ways. First, in reference to the tribunal of conscience, and thus in very truth carnal intercourse + cannot complete a marriage the promise of which has previously been made in words expressive of the future, if inward consent + is lacking, since words, even though expressive of the present, would not make a marriage in the absence of mental consent, + as stated above ( + <a id="XP_Q46_A2-p8.1" shape="rect" href="summa.XP_Q45_A4.html">Q[45], A[4]</a>). Secondly, in reference to + the judgment of the Church; and since in the external tribunal judgment is given in accordance with external evidence, and + since nothing is more expressly significant of consent than carnal intercourse, it follows that in the judgment of the Church + carnal intercourse following on betrothal is declared to make a marriage, unless there appear clear signs of deceit or fraud + [*According to the pre-Tridentine legislation] (De sponsal. et matrim., cap. Is qui fidem). + </p> + <p id="XP_Q46_A2-p9"> + <b>Reply to Objection 1:</b> In reality he who has carnal intercourse consents by deed to the act of sexual union, and does not merely for this reason + consent to marriage except according to the interpretation of the law. + </p> + <p id="XP_Q46_A2-p10"> + <b>Reply to Objection 2:</b> This interpretation does not alter the truth of the matter, but changes the judgment which is about external things. + </p> + <p id="XP_Q46_A2-p11"> + <b>Reply to Objection 3:</b> If the woman admit her betrothed, thinking that he wishes to consummate the marriage, she is excused from the sin, unless + there be clear signs of fraud; for instance if they differ considerably in birth or fortune, or some other evident sign appear. + Nevertheless the affianced husband is guilty of fornication, and should be punished for this fraud he has committed. + </p> + <p id="XP_Q46_A2-p12"> + <b>Reply to Objection 4:</b> In a case of this kind the affianced husband, before his marriage with the other woman, is bound to marry the one to whom + he was betrothed, if she be his equal or superior in rank. But if he has married another woman, he is no longer able to fulfill + his obligation, wherefore it suffices if he provide for her marriage. Nor is he bound even to do this, according to some, + if her affianced husband is of much higher rank than she, or if there be some + evident sign of fraud, because it may be presumed that in all probability she was not deceived but pretended to be. + </p> + <p id="XP_Q46_A2-p13"></p> + <p id="XP_Q46_A2-p14"></p> + <a href="summa.XP_Q46_A1.html"></a> + <a href="summa.XP_Q47.html"></a> + </div> + <a href="summa.XP_Q45_A5.html"></a> + <a href="summa.XP_Q46_A1.html"></a> + </div> + <div id="XP_Q47" class="div3"> + <a href="summa.XP_Q46_A2.html"></a> + <a href="summa.XP_Q47_A1.html"></a> + <h3 id="XP_Q47-p0.1">OF COMPULSORY AND CONDITIONAL CONSENT (SIX ARTICLES)</h3> + <p id="XP_Q47-p1"></p> + <p id="XP_Q47-p2"> We must now consider compulsory and conditional consent. Under this head there are six points of inquiry:</p> + <p id="XP_Q47-p3"> (1) Whether compulsory consent is possible?</p> + <p id="XP_Q47-p4"> (2) Whether a constant man can be compelled by fear?</p> + <p id="XP_Q47-p5"> (3) Whether compulsory consent invalidates marriage?</p> + <p id="XP_Q47-p6"> (4) Whether compulsory consent makes a marriage as regards the party using compulsion?</p> + <p id="XP_Q47-p7"> (5) Whether conditional consent makes a marriage?</p> + <p id="XP_Q47-p8"> (6) Whether one can be compelled by one's father to marry?</p> + <div id="XP_Q47_A1" class="div4"> + <a href="summa.XP_Q47.html"></a> + <a href="summa.XP_Q47_A2.html"></a> + <h4 id="XP_Q47_A1-p0.1">Whether a compulsory consent is possible?</h4> + <p id="XP_Q47_A1-p1"></p> + <p id="XP_Q47_A1-p2"> + <b>Objection 1:</b> It would seem that no consent can be compulsory. For, as stated above (Sent. ii, D, 25 [* + <a id="XP_Q47_A1-p2.1" shape="rect" href="summa.FS_Q6_A4.html">FS, Q[6], A[4]</a>]) the free-will cannot be compelled. Now consent is an act of the free-will. Therefore it cannot be compulsory. + </p> + <p id="XP_Q47_A1-p3"> + <b>Objection 2:</b> Further, violent is the same as compulsory. Now, according to the Philosopher (Ethic. iii, 1), "a violent action is one the + principle of which is without, the patient concurring not at all." But the principle of consent is always within. Therefore + no consent can be compulsory. + </p> + <p id="XP_Q47_A1-p4"> + <b>Objection 3:</b> Further, every sin is perfected by consent. But that which perfects a sin cannot be compulsory, for, according to Augustine + (De Lib. Arb. iii, 18), "no one sins in what he cannot avoid." Since then violence is defined by jurists (i, ff. de eo quod + vi metusve) as the "force of a stronger being that cannot be repulsed," it would seem that consent cannot be compulsory or + violent. + </p> + <p id="XP_Q47_A1-p5"> + <b>Objection 4:</b> Further, power is opposed to liberty. But compulsion is allied to power, as appears from a definition of Tully's in which + he says that "compulsion is the force of one who exercises his power to detain a thing outside its proper bounds." Therefore + the free-will cannot be compelled, and consequently neither can consent which is an act thereof. + </p> + <p id="XP_Q47_A1-p6"> + <b>On the contrary,</b> That which cannot be, cannot be an impediment. But compulsory consent is an impediment to matrimony, as stated in the text + (Sent. iv, D, 29). Therefore consent can be compelled. + </p> + <p id="XP_Q47_A1-p7"> Further, in marriage there is a contract. Now the will can be compelled in the matter of contracts; for which reason the + law adjudges that restitution should be made of the whole, for it does not ratify "that which was done under compulsion or + fear" (Sent. iv, D[29]). Therefore in marriage also it is possible for the consent to be compulsory. + </p> + <p id="XP_Q47_A1-p8"> + <b>I answer that,</b> Compulsion or violence is twofold. One is the cause of absolute necessity, and violence of this kind the Philosopher calls + (Ethic. iii, 1) "violent simply," as when by bodily strength one forces a person to move; the other causes conditional necessity, + and the Philosopher calls this a "mixed violence," as when a person throws his merchandise overboard in order to save himself. + In the latter kind of violence, although the thing done is not voluntary in + itself, yet taking into consideration the circumstances of place and time it is voluntary. And since actions are about particulars, + it follows that it is voluntary simply, and involuntary in a certain respect (Cf. + <a id="XP_Q47_A1-p8.1" shape="rect" href="summa.FS_Q6_A6.html">FS, Q[6], A[6]</a>). Wherefore this latter violence or compulsion is consistent with consent, but not the former. And since this compulsion + results from one's fear of a threatening danger, it follows that this violence coincides with fear which, in a manner, + compels the will, whereas the former violence has to do with bodily actions. Moreover, since the law considers not merely + internal actions, but rather external actions, consequently it takes violence to mean absolute compulsion, for which reason + it draws a distinction between violence and fear. Here, however, it is a question of internal consent which cannot be influenced + by compulsion or violence as distinct from fear. Therefore as to the question at issue compulsion and fear are the same. + Now, according to lawyers fear is "the agitation of the mind occasioned by danger imminent or future" (Ethic. iii, 1). + </p> + <p id="XP_Q47_A1-p9"> This suffices for the Replies to the Objections; for the first set of arguments consider the first kind of compulsion, and + the second set of arguments consider the second. + </p> + <p id="XP_Q47_A1-p10"></p> + <p id="XP_Q47_A1-p11"></p> + <a href="summa.XP_Q47.html"></a> + <a href="summa.XP_Q47_A2.html"></a> + </div> + <div id="XP_Q47_A2" class="div4"> + <a href="summa.XP_Q47_A1.html"></a> + <a href="summa.XP_Q47_A3.html"></a> + <h4 id="XP_Q47_A2-p0.1">Whether a constant man can be compelled by fear?</h4> + <p id="XP_Q47_A2-p1"></p> + <p id="XP_Q47_A2-p2"> + <b>Objection 1:</b> It would seem that "a constant man" [*Cap. Ad audientiam, De his quae vi.] cannot be compelled by fear. Because the nature + of a constant man is not to be agitated in the midst of dangers. Since then fear is "agitation of the mind occasioned by imminent + danger," it would seem that he is not compelled by fear. + </p> + <p id="XP_Q47_A2-p3"> + <b>Objection 2:</b> Further, "Of all fearsome things death is the limit," according to the Philosopher (Ethic. iii, 6), as though it were the + most perfect of all things that inspire fear. But the constant man is not compelled by death, since the brave face even mortal + dangers. Therefore no fear influences a constant man. + </p> + <p id="XP_Q47_A2-p4"> + <b>Objection 3:</b> Further, of all dangers a good man fears most that which affects his good name. But the fear of disgrace is not reckoned + to influence a constant man, because, according to the law (vii, ff, de eo quod metus, etc.), "fear of disgrace is not included + under the ordinance, 'That which is done through fear'" [*Dig. iv, 2, Quod metus causa]. Therefore neither does any other + kind of fear influence a constant man. + </p> + <p id="XP_Q47_A2-p5"> + <b>Objection 4:</b> Further, in him who is compelled by fear, fear leaves a sin, for it makes him promise what he is unwilling to fulfill, and + thus it makes him lie. But a constant man does not commit a sin, not even a very slight one, for fear. Therefore no fear influences + a constant man. + </p> + <p id="XP_Q47_A2-p6"> + <b>On the contrary,</b> Abraham and Isaac were constant. Yet they were influenced by fear, since on account of fear each said that his wife was his + sister ( + <a class="scripRef" id="XP_Q47_A2-p6.1" href="./asv.html#Gen.12.12" target="asv">Gn. 12:12</a>; 26:7). + </p> + <p id="XP_Q47_A2-p7"> Further, wherever there is mixed violence, it is fear that compels. But however constant a man may be he may suffer violence + of that kind, for if he be on the sea, he will throw his merchandise overboard if menaced with shipwreck. Therefore fear can + influence a constant man. + </p> + <p id="XP_Q47_A2-p8"> + <b>I answer that,</b> By fear influencing a man we mean his being compelled by fear. A man is compelled by fear when he does that which otherwise + he would not wish to do, in order to avoid that which he fears. Now the constant differs from the inconstant man in two respects. + First, in respect of the quality of the danger feared, because the constant man follows right reason, whereby he knows whether + to omit this rather than that, and whether to do this rather than that. Now the + lesser evil or the greater good is always to be chosen in preference; and therefore the constant man is compelled to bear + with the lesser evil through fear of the greater evil, but he is not compelled to bear with the greater evil in order to avoid + the lesser. But the inconstant man is compelled to bear with the greater evil through fear of a lesser evil, namely to commit + sin through fear of bodily suffering; whereas on the contrary the obstinate man cannot be compelled even to permit or to do + a lesser evil, in order to avoid a greater. Hence the constant man is a mean between the inconstant and the obstinate. Secondly, + they differ as to their estimate of the threatening evil, for a constant man is not compelled unless for grave and probable + reasons, while the inconstant man is compelled by trifling motives: "The wicked man seeth when no man pursueth" ( + <a class="scripRef" id="XP_Q47_A2-p8.1" href="./asv.html#Prov.28.1" target="asv">Prov. 28:1</a>). + </p> + <p id="XP_Q47_A2-p9"> + <b>Reply to Objection 1:</b> The constant man, like the brave man, is fearless, as the Philosopher states (Ethic. iii, 4), not that he is altogether without + fear, but because he fears not what he ought not to fear, or where, or when he ought not to fear. + </p> + <p id="XP_Q47_A2-p10"> + <b>Reply to Objection 2:</b> Sin is the greatest of evils, and consequently a constant man can nowise be compelled to sin; indeed a man should die rather + than suffer the like, as again the Philosopher says (Ethic. iii, 6,9). Yet certain bodily injuries are less grievous than + certain others; and chief among them are those which relate to the person, such as death, blows, the stain resulting from + rape, and slavery. Wherefore the like compel a constant man to suffer other bodily + injuries. They are contained in the verse: "Rape, status, blows, and death." Nor does it matter whether they refer to his + own person, or to the person of his wife or children, or the like. + </p> + <p id="XP_Q47_A2-p11"> + <b>Reply to Objection 3:</b> Although disgrace is a greater injury it is easy to remedy it. Hence fear of disgrace is not reckoned to influence a constant + man according to law. + </p> + <p id="XP_Q47_A2-p12"> + <b>Reply to Objection 4:</b> The constant man is not compelled to lie, because at the time he wishes to give; yet afterwards he wishes to ask for restitution, + or at least to appeal to the judge, if he promised not to ask for restitution. But he cannot promise not to appeal, for since + this is contrary to the good of justice, he cannot be compelled thereto, namely to act against justice. + </p> + <p id="XP_Q47_A2-p13"></p> + <p id="XP_Q47_A2-p14"></p> + <a href="summa.XP_Q47_A1.html"></a> + <a href="summa.XP_Q47_A3.html"></a> + </div> + <div id="XP_Q47_A3" class="div4"> + <a href="summa.XP_Q47_A2.html"></a> + <a href="summa.XP_Q47_A4.html"></a> + <h4 id="XP_Q47_A3-p0.1">Whether compulsory consent invalidates a marriage?</h4> + <p id="XP_Q47_A3-p1"></p> + <p id="XP_Q47_A3-p2"> + <b>Objection 1:</b> It would seem that compulsory consent does not invalidate a marriage. For just as consent is necessary for matrimony, so + is intention necessary for Baptism. Now one who is compelled by fear to receive Baptism, receives the sacrament. Therefore + one who is compelled by fear to consent is bound by his marriage. + </p> + <p id="XP_Q47_A3-p3"> + <b>Objection 2:</b> Further, according to the Philosopher (Ethic. iii, 1), that which is done on account of mixed violence is more voluntary + than involuntary. Now consent cannot be compelled except by mixed violence. Therefore it is not entirely involuntary, and + consequently the marriage is valid. + </p> + <p id="XP_Q47_A3-p4"> + <b>Objection 3:</b> Further, seemingly he who has consented to marriage under compulsion ought to be counseled to stand to that marriage; because + to promise and not to fulfill has an "appearance of evil," and the Apostle wishes us to refrain from all such things ( + <a class="scripRef" id="XP_Q47_A3-p4.1" href="./asv.html#iThess.5.22" target="asv">1 Thess 5:22</a>). But that would not be the case if compulsory consent invalidated a marriage altogether. Therefore, etc. + </p> + <p id="XP_Q47_A3-p5"> + <b>On the contrary,</b> A Decretal says (cap. Cum locum, De sponsal. et matrim.): "Since there is no room for consent where fear or compulsion enters + in, it follows that where a person's consent is required, every pretext for compulsion must be set aside." Now mutual contract + is necessary in marriage. Therefore, etc. + </p> + <p id="XP_Q47_A3-p6"> Further, Matrimony signifies the union of Christ with the Church, which union is according to the liberty of love. Therefore + it cannot be the result of compulsory consent. + </p> + <p id="XP_Q47_A3-p7"> + <b>I answer that,</b> The marriage bond is everlasting. Hence whatever is inconsistent with its perpetuity invalidates marriage. Now the fear which + compels a constant man deprives the contract of its perpetuity, since its complete rescission can be demanded. Wherefore this + compulsion by fear which influences a constant man, invalidates marriage, but not the other compulsion. Now a constant man + is reckoned a virtuous man who, according to the Philosopher (Ethic. iii, 4), is a + measure in all human actions. + </p> + <p id="XP_Q47_A3-p8"> However, some say that if there be consent although compulsory, the marriage is valid in conscience and in God's sight, but + not in the eyes of the Church, who presumes that there was no inward consent on account of the fear. But this is of no account, + because the Church should not presume a person to sin until it be proved; and he sinned if he said that he consented whereas + he did not consent. Wherefore the Church presumes that he did consent, but judges this compulsory consent + to be insufficient for a valid marriage. + </p> + <p id="XP_Q47_A3-p9"> + <b>Reply to Objection 1:</b> The intention is not the efficient cause of the sacrament in baptism, it is merely the cause that elicits the action of the + agent; whereas the consent is the efficient cause in matrimony. Hence the comparison fails. + </p> + <p id="XP_Q47_A3-p10"> + <b>Reply to Objection 2:</b> Not any kind of voluntariness suffices for marriage: it must be completely voluntary, because it has to be perpetual; and + consequently it is invalidated by violence of a mixed nature. + </p> + <p id="XP_Q47_A3-p11"> + <b>Reply to Objection 3:</b> He ought not always to be advised to stand to that marriage, but only when evil results are feared from its dissolution. + Nor does he sin if he does otherwise, because there is no appearance of evil in not fulfilling a promise that one has made + unwillingly. + </p> + <p id="XP_Q47_A3-p12"></p> + <p id="XP_Q47_A3-p13"></p> + <a href="summa.XP_Q47_A2.html"></a> + <a href="summa.XP_Q47_A4.html"></a> + </div> + <div id="XP_Q47_A4" class="div4"> + <a href="summa.XP_Q47_A3.html"></a> + <a href="summa.XP_Q47_A5.html"></a> + <h4 id="XP_Q47_A4-p0.1">Whether compulsory consent makes a marriage as regards the party who uses compulsion?</h4> + <p id="XP_Q47_A4-p1"></p> + <p id="XP_Q47_A4-p2"> + <b>Objection 1:</b> It would seem that compulsory consent makes a marriage, at least as regards the party who uses compulsion. For matrimony + is a sign of a spiritual union. But spiritual union which is by charity may be with one who has not charity. Therefore marriage + is possible with one who wills it not. + </p> + <p id="XP_Q47_A4-p3"> + <b>Objection 2:</b> Further, if she who was compelled consents afterwards, it will be a true marriage. But he who compelled her before is not + bound by her consent. Therefore he was married to her by virtue of the consent he gave before. + </p> + <p id="XP_Q47_A4-p4"> + <b>On the contrary,</b> Matrimony is an equiparant relation. Now a relation of that kind is equally in both terms. Therefore if there is an impediment + on the part of one, there will be no marriage on the part of the other. + </p> + <p id="XP_Q47_A4-p5"> + <b>I answer that,</b> Since marriage is a kind of relation, and a relation cannot arise in one of the terms without arising in the other, it follows + that whatever is an impediment to matrimony in the one, is an impediment to matrimony in the other; since it is impossible + for a man to be the husband of one who is not his wife, or for a woman to be a wife without a husband, just as it is impossible + to be a mother without having a child. Hence it is a common saying that "marriage is + not lame." + </p> + <p id="XP_Q47_A4-p6"> + <b>Reply to Objection 1:</b> Although the act of the lover can be directed to one who loves not, there can be no union between them, unless love be mutual. + Wherefore the Philosopher says (Ethic. viii, 2) that friendship which consists in a kind of union requires a return of love. + </p> + <p id="XP_Q47_A4-p7"> + <b>Reply to Objection 2:</b> Marriage does not result from the consent of her who was compelled before, except in so far as the other party's previous + consent remains in force; wherefore if he were to withdraw his consent there would be no marriage. + </p> + <p id="XP_Q47_A4-p8"></p> + <p id="XP_Q47_A4-p9"></p> + <a href="summa.XP_Q47_A3.html"></a> + <a href="summa.XP_Q47_A5.html"></a> + </div> + <div id="XP_Q47_A5" class="div4"> + <a href="summa.XP_Q47_A4.html"></a> + <a href="summa.XP_Q47_A6.html"></a> + <h4 id="XP_Q47_A5-p0.1">Whether conditional consent makes a marriage?</h4> + <p id="XP_Q47_A5-p1"></p> + <p id="XP_Q47_A5-p2"> + <b>Objection 1:</b> It would seem that not even a conditional consent makes a marriage, because a statement is not made simply if it is made + subject to a condition. But in marriage the words expressive of consent must be uttered simply. Therefore a conditional consent + makes no marriage. + </p> + <p id="XP_Q47_A5-p3"> + <b>Objection 2:</b> Further, marriage should be certain. But where a statement is made under a condition it is rendered doubtful. Therefore a + like consent makes no marriage. + </p> + <p id="XP_Q47_A5-p4"> + <b>On the contrary,</b> In other contracts an obligation is undertaken conditionally, and holds so long as the condition holds. Therefore since marriage + is a contract, it would seem that it can be made by a conditional consent. + </p> + <p id="XP_Q47_A5-p5"> + <b>I answer that,</b> The condition made is either of the present or of the future. If it is of the present and is not contrary to marriage, whether + it be moral or immoral, the marriage holds if the condition is verified, and is invalid if the condition is not verified. + If, however, it be contrary to the marriage blessings, the marriage is invalid, as we have also said in reference to betrothals + ( + <a id="XP_Q47_A5-p5.1" shape="rect" href="summa.XP_Q43_A1.html">Q[43], A[1]</a>). But if the condition refer to the future, it + is either necessary, as that the sun will rise tomorrow---and then the marriage is valid, because such future things are present + in their causes---or else it is contingent, as the payment of a sum of money, or the consent of the parents, and then the + judgment about a consent of this kind is the same as about a consent expressed in words of the future tense; wherefore it + makes no marriage. + </p> + <p id="XP_Q47_A5-p6"> This suffices for the Replies to the Objections.</p> + <p id="XP_Q47_A5-p7"></p> + <p id="XP_Q47_A5-p8"></p> + <a href="summa.XP_Q47_A4.html"></a> + <a href="summa.XP_Q47_A6.html"></a> + </div> + <div id="XP_Q47_A6" class="div4"> + <a href="summa.XP_Q47_A5.html"></a> + <a href="summa.XP_Q48.html"></a> + <h4 id="XP_Q47_A6-p0.1">Whether one can be compelled by one's father's command to marry?</h4> + <p id="XP_Q47_A6-p1"></p> + <p id="XP_Q47_A6-p2"> + <b>Objection 1:</b> It would seem that one can be compelled by one's father's command to marry. For it is written ( + <a class="scripRef" id="XP_Q47_A6-p2.1" href="./asv.html#Col.3.20" target="asv">Col. 3:20</a>): "Children, obey your parents in all things." Therefore they are bound to obey them in this also. + </p> + <p id="XP_Q47_A6-p3"> + <b>Objection 2:</b> Further, Isaac charged Jacob ( + <a class="scripRef" id="XP_Q47_A6-p3.1" href="./asv.html#Gen.28.1" target="asv">Gn. 28:1</a>) not to take a wife from the daughters of Chanaan. But he would not have charged him thus unless he had the right to command + it. Therefore a son is bound to obey his father in this. + </p> + <p id="XP_Q47_A6-p4"> + <b>Objection 3:</b> Further, no one should promise, especially with an oath, for one whom he cannot compel to keep the promise. Now parents promise + future marriages for their children, and even confirm their promise by oath. Therefore they can compel their children to keep + that promise. + </p> + <p id="XP_Q47_A6-p5"> + <b>Objection 4:</b> Further, our spiritual father, the Pope to wit, can by his command compel a man to a spiritual marriage, namely to accept + a bishopric. Therefore a carnal father can compel his son to marriage. + </p> + <p id="XP_Q47_A6-p6"> + <b>On the contrary,</b> A son may lawfully enter religion though his father command him to marry. Therefore he is not bound to obey him in this. + </p> + <p id="XP_Q47_A6-p7"> Further, if he were bound to obey, a betrothal contracted by the parents would hold good without their children's consent. + But this is against the law (cap. Ex litteris, De despon. impub.). Therefore, etc. + </p> + <p id="XP_Q47_A6-p8"> + <b>I answer that,</b> Since in marriage there is a kind of perpetual service, as it were, a father cannot by his command compel his son to marry, + since the latter is of free condition: but he may induce him for a reasonable cause; and thus the son will be affected by + his father's command in the same way as he is affected by that cause, so that if the cause be compelling as indicating either + obligation or fitness, his father's command will compel him in the same measure: otherwise + he may not compel him. + </p> + <p id="XP_Q47_A6-p9"> + <b>Reply to Objection 1:</b> The words of the Apostle do not refer to those matters in which a man is his own master as the father is. Such is marriage + by which the son also becomes a father. + </p> + <p id="XP_Q47_A6-p10"> + <b>Reply to Objection 2:</b> There were other motives why Jacob was bound to do what Isaac commanded him, both on account of the wickedness of those women, + and because the seed of Chanaan was to be cast forth from the land which was promised to the seed of the patriarchs. Hence + Isaac could command this. + </p> + <p id="XP_Q47_A6-p11"> + <b>Reply to Objection 3:</b> They do not swear except with the implied condition "if it please them"; and they are bound to induce them in good faith. + </p> + <p id="XP_Q47_A6-p12"> + <b>Reply to Objection 4:</b> Some say that the Pope cannot command a man to accept a bishopric, because consent should be free. But if this be granted + there would be an end of ecclesiastical order, for unless a man can be compelled to accept the government of a church, the + Church could not be preserved, since sometimes those who are qualified for the purpose are unwilling to accept unless they + be compelled. Therefore we must reply that the two cases are not parallel; for there is + no bodily service in a spiritual marriage as there is in the bodily marriage; because the spiritual marriage is a kind of + office for dispensing the public weal: "Let a man so account of us as of the ministers of Christ, and the dispensers of the + mysteries of God" ( + <a class="scripRef" id="XP_Q47_A6-p12.1" href="./asv.html#iCor.4.1" target="asv">1 Cor. 4:1</a>). + </p> + <p id="XP_Q47_A6-p13"></p> + <p id="XP_Q47_A6-p14"></p> + <a href="summa.XP_Q47_A5.html"></a> + <a href="summa.XP_Q48.html"></a> + </div> + <a href="summa.XP_Q46_A2.html"></a> + <a href="summa.XP_Q47_A1.html"></a> + </div> + <div id="XP_Q48" class="div3"> + <a href="summa.XP_Q47_A6.html"></a> + <a href="summa.XP_Q48_A1.html"></a> + <h3 id="XP_Q48-p0.1">OF THE OBJECT OF THE CONSENT (TWO ARTICLES)</h3> + <p id="XP_Q48-p1"></p> + <p id="XP_Q48-p2"> We must now consider the object of the consent. Under this head there are two points of inquiry:</p> + <p id="XP_Q48-p3"> (1) Whether the consent that makes a marriage is a consent to carnal intercourse?</p> + <p id="XP_Q48-p4"> (2) Whether consent to marry a person for an immoral motive makes a marriage?</p> + <div id="XP_Q48_A1" class="div4"> + <a href="summa.XP_Q48.html"></a> + <a href="summa.XP_Q48_A2.html"></a> + <h4 id="XP_Q48_A1-p0.1">Whether the consent that makes a marriage is a consent to carnal intercourse?</h4> + <p id="XP_Q48_A1-p1"></p> + <p id="XP_Q48_A1-p2"> + <b>Objection 1:</b> It would seem that the consent which makes a marriage is a consent to carnal intercourse. For Jerome [*The words quoted are + found implicitly in St. Augustine (De Bono Viduit ix)] says that "for those who have vowed virginity it is wicked, not only + to marry, but even to wish to marry." But it would not be wicked unless it were contrary to virginity, and marriage is not + contrary to virginity except by reason of carnal intercourse. Therefore the will's consent in + marriage is a consent to carnal intercourse. + </p> + <p id="XP_Q48_A1-p3"> + <b>Objection 2:</b> Further, whatever there is in marriage between husband and wife is lawful between brother and sister except carnal intercourse. + But there cannot lawfully be a consent to marriage between them. Therefore the marriage consent is a consent to carnal intercourse. + </p> + <p id="XP_Q48_A1-p4"> + <b>Objection 3:</b> Further, if the woman say to the man: "I consent to take thee provided however that you know me not," it is not a marriage + consent, because it contains something against the essence of that consent. Yet this would not be the case unless the marriage + consent were a consent to carnal intercourse. Therefore, etc. + </p> + <p id="XP_Q48_A1-p5"> + <b>Objection 4:</b> Further, in everything the beginning corresponds to the consummation. Now marriage is consummated by carnal intercourse. + Therefore, since it begins by the consent, it would seem that the consent is to carnal intercourse. + </p> + <p id="XP_Q48_A1-p6"> + <b>On the contrary,</b> No one that consents to carnal intercourse is a virgin in mind and body. Yet Blessed John the evangelist after consenting + to marriage was a virgin both in mind and body. Therefore he did not consent to carnal intercourse. + </p> + <p id="XP_Q48_A1-p7"> Further, the effect corresponds to its cause. Now consent is the cause of marriage. Since then carnal intercourse is not + essential to marriage, seemingly neither is the consent which causes marriage a consent to carnal intercourse. + </p> + <p id="XP_Q48_A1-p8"> + <b>I answer that,</b> The consent that makes a marriage is a consent to marriage, because the proper effect of the will is the thing willed. Wherefore, + according as carnal intercourse stands in relation to marriage, so far is the consent that causes marriage a consent to carnal + intercourse. Now, as stated above ( + <a id="XP_Q48_A1-p8.1" shape="rect" href="summa.XP_Q44_A1.html">Q[44], A[1]</a>; + <a id="XP_Q48_A1-p8.2" shape="rect" href="summa.XP_Q45_A1.html"> Q[45], AA[1]</a>,2), marriage is not essentially the carnal union itself, but a certain joining together of + husband and wife ordained to carnal intercourse, and a further consequent union between husband and wife, in so far as they + each receive power over the other in reference to carnal intercourse, which joining together is called the nuptial bond. Hence + it is evident that they said well who asserted that to consent to marriage is to consent to carnal intercourse implicitly + and not explicitly. For carnal intercourse is not to be understood, except as an effect is implicitly contained in its cause, + for the power to have carnal intercourse, which power is the object of the consent, is the cause of carnal intercourse, just + as the power to use one's own property is the cause of the use. + </p> + <p id="XP_Q48_A1-p9"> + <b>Reply to Objection 1:</b> The reason why consent to marriage after taking the vow of virginity is sinful, is because that consent gives a power to + do what is unlawful: even so would a man sin if he gave another man the power to receive that which he has in deposit, and + not only by actually delivering it to him. With regard to the consent of the Blessed Virgin, we have spoken about it above + (Sent. iv, D, 3; + <a id="XP_Q48_A1-p9.1" shape="rect" href="summa.TP_Q29_A2.html">TP, Q[29], A[2]</a>). + </p> + <p id="XP_Q48_A1-p10"> + <b>Reply to Objection 2:</b> Between brother and sister there can be no power of one over the other in relation to carnal intercourse, even as neither + can there be lawfully carnal intercourse itself. Consequently the argument does not prove. + </p> + <p id="XP_Q48_A1-p11"> + <b>Reply to Objection 3:</b> Such an explicit condition is contrary not only to the act but also to the power of carnal intercourse, and therefore it + is contrary to marriage. + </p> + <p id="XP_Q48_A1-p12"> + <b>Reply to Objection 4:</b> Marriage begun corresponds to marriage consummated, as habit or power corresponds to the act which is operation. + </p> + <p id="XP_Q48_A1-p13"> The arguments on the contrary side show that consent is not given explicitly to carnal intercourse; and this is true.</p> + <p id="XP_Q48_A1-p14"></p> + <p id="XP_Q48_A1-p15"></p> + <a href="summa.XP_Q48.html"></a> + <a href="summa.XP_Q48_A2.html"></a> + </div> + <div id="XP_Q48_A2" class="div4"> + <a href="summa.XP_Q48_A1.html"></a> + <a href="summa.XP_Q49.html"></a> + <h4 id="XP_Q48_A2-p0.1">Whether marriage can result from one person's consent to take another for a base motive?</h4> + <p id="XP_Q48_A2-p1"></p> + <p id="XP_Q48_A2-p2"> + <b>Objection 1:</b> It would seem that marriage cannot result from one person's consent to take another for a base motive. For there is but one + reason for one thing. Now marriage is one sacrament. Therefore it cannot result from the intention of any other end than that + for which it was instituted by God; namely the begetting of children. + </p> + <p id="XP_Q48_A2-p3"> + <b>Objection 2:</b> Further, the marriage union is from God, according to + <a class="scripRef" id="XP_Q48_A2-p3.1" href="./asv.html#Matt.19.6" target="asv"> Mat. 19:6, </a> "What . . . God hath joined together let no man put asunder." But a union that is made for immoral motives is not from God. + Therefore it is not a marriage. + </p> + <p id="XP_Q48_A2-p4"> + <b>Objection 3:</b> Further, in the other sacraments, if the intention of the Church be not observed, the sacrament is invalid. Now the intention + of the Church in the sacrament of matrimony is not directed to a base purpose. Therefore, if a marriage be contracted for + a base purpose, it will not be a valid marriage. + </p> + <p id="XP_Q48_A2-p5"> + <b>Objection 4:</b> Further, according to Boethius (De Diff., Topic. ii) "a thing is good if its end be good." But matrimony is always good. + Therefore it is not matrimony if it is done for an evil end. + </p> + <p id="XP_Q48_A2-p6"> + <b>Objection 5:</b> Further, matrimony signifies the union of Christ with the Church; and in this there can be nothing base. Neither therefore + can marriage be contracted for a base motive. + </p> + <p id="XP_Q48_A2-p7"> + <b>On the contrary,</b> He who baptizes another for the sake of gain baptizes validly. Therefore if a man marries a woman for the purpose of gain + it is a valid marriage. + </p> + <p id="XP_Q48_A2-p8"> Further, the same conclusion is proved by the examples and authorities quoted in the text (Sent. iv, D, 30).</p> + <p id="XP_Q48_A2-p9"> + <b>I answer that,</b> The final cause of marriage may be taken as twofold, namely essential and accidental. The essential cause of marriage is + the end to which it is by its very nature ordained, and this is always good, namely the begetting of children and the avoiding + of fornication. But the accidental final cause thereof is that which the contracting parties intend as the result of marriage. + And since that which is intended as the result of marriage is consequent upon marriage, + and since that which comes first is not altered by what comes after, but conversely; marriage does not become good or evil + by reason of that cause, but the contracting parties to whom this cause is the essential end. And since accidental causes + are infinite in number, it follows that there can be an infinite number of such causes in matrimony, some of which are good + and some bad. + </p> + <p id="XP_Q48_A2-p10"> + <b>Reply to Objection 1:</b> This is true of the essential and principal cause; but that which has one essential and principal end may have several secondary + essential ends, and an infinite number of accidental ends. + </p> + <p id="XP_Q48_A2-p11"> + <b>Reply to Objection 2:</b> The joining together can be taken for the relation itself which is marriage, and that is always from God, and is good, whatever + be its cause; or for the act of those who are being joined together, and thus it is sometimes evil and is not from God simply. + Nor is it unreasonable that an effect be from God, the cause of which is evil, such as a child born of adultery; for it is + not from that cause as evil, but as having some good in so far as it is from + God, although it is not from God simply. + </p> + <p id="XP_Q48_A2-p12"> + <b>Reply to Objection 3:</b> The intention of the Church whereby she intends to confer a sacrament is essential to each sacrament, so that if it be not + observed, all sacraments are null. But the intention of the Church whereby she intends an advantage resulting from the sacrament + belongs to the well-being and not to the essence of a sacrament; wherefore, if it be not observed, the sacrament is none the + less valid. Yet he who omits this intention sins; for instance if in baptism + one intend not the healing of the mind which the Church intends. In like manner he who intends to marry, although he fail + to direct it to the end which the Church intends, nevertheless contracts a valid marriage. + </p> + <p id="XP_Q48_A2-p13"> + <b>Reply to Objection 4:</b> This evil which is intended is the end not of marriage, but of the contracting parties. + </p> + <p id="XP_Q48_A2-p14"> + <b>Reply to Objection 5:</b> The union itself, and not the action of those who are united, is the sign of the union of Christ with the Church: wherefore + the conclusion does not follow. + </p> + <p id="XP_Q48_A2-p15"></p> + <p id="XP_Q48_A2-p16"></p> + <a href="summa.XP_Q48_A1.html"></a> + <a href="summa.XP_Q49.html"></a> + </div> + <a href="summa.XP_Q47_A6.html"></a> + <a href="summa.XP_Q48_A1.html"></a> + </div> + <div id="XP_Q49" class="div3"> + <a href="summa.XP_Q48_A2.html"></a> + <a href="summa.XP_Q49_A1.html"></a> + <h3 id="XP_Q49-p0.1">OF THE MARRIAGE GOODS* (SIX ARTICLES) [*"Bona matrimonii," variously rendered marriage goods, marriage blessings, and advantages + of marriage.] + </h3> + <p id="XP_Q49-p1"></p> + <p id="XP_Q49-p2"> In the next place we must consider the marriage goods. Under this head there are six points of inquiry:</p> + <p id="XP_Q49-p3"> (1) Whether certain goods are necessary in order to excuse marriage?</p> + <p id="XP_Q49-p4"> (2) Whether those assigned are sufficient?</p> + <p id="XP_Q49-p5"> (3) Whether the sacrament is the principal among the goods?</p> + <p id="XP_Q49-p6"> (4) Whether the marriage act is excused from sin by the aforesaid goods?</p> + <p id="XP_Q49-p7"> (5) Whether it can ever be excused from sin without them?</p> + <p id="XP_Q49-p8"> (6) Whether in their absence it is always a mortal sin?</p> + <div id="XP_Q49_A1" class="div4"> + <a href="summa.XP_Q49.html"></a> + <a href="summa.XP_Q49_A2.html"></a> + <h4 id="XP_Q49_A1-p0.1">Whether certain blessings are necessary in order to excuse marriage?</h4> + <p id="XP_Q49_A1-p1"></p> + <p id="XP_Q49_A1-p2"> + <b>Objection 1:</b> It would seem that certain blessings are not necessary in order to excuse marriage. For just as the preservation of the individual + which is effected by the nutritive power is intended by nature, so too is the preservation of the species which is effected + by marriage; and indeed so much the more as the good of the species is better and more exalted than the good of the individual. + But no goods are necessary to excuse the act of the nutritive power. Neither + therefore are they necessary to excuse marriage. + </p> + <p id="XP_Q49_A1-p3"> + <b>Objection 2:</b> Further, according to the Philosopher (Ethic. viii, 12) the friendship between husband and wife is natural, and includes + the virtuous, the useful, and the pleasant. But that which is virtuous in itself needs no excuse. Therefore neither should + any goods be assigned for the excuse of matrimony. + </p> + <p id="XP_Q49_A1-p4"> + <b>Objection 3:</b> Further, matrimony was instituted as a remedy and as an office, as stated above ( + <a id="XP_Q49_A1-p4.1" shape="rect" href="summa.XP_Q42_A2.html">Q[42], A[2]</a>). Now it needs no excuse in so far as it is instituted as an office, since then it would also have needed an excuse in paradise, + which is false, for there, as Augustine says, "marriage would have been without reproach and the marriage-bed without stain" + (Gen. ad lit. ix). In like manner neither does it need an excuse in so far as it is intended + as a remedy, any more than the other sacraments which were instituted as remedies for sin. Therefore matrimony does not need + these excuses. + </p> + <p id="XP_Q49_A1-p5"> + <b>Objection 4:</b> Further, the virtues are directed to whatever can be done aright. If then marriage can be righted by certain goods, it needs + nothing else to right it besides the virtues of the soul; and consequently there is no need to assign to matrimony any goods + whereby it is righted, any more than to other things in which the virtues direct us. + </p> + <p id="XP_Q49_A1-p6"> + <b>On the contrary,</b> Wherever there is indulgence, there must needs be some reason for excuse. Now marriage is allowed in the state of infirmity + "by indulgence" ( + <a class="scripRef" id="XP_Q49_A1-p6.1" href="./asv.html#iCor.7.6" target="asv">1 Cor. 7:6</a>). Therefore it needs to be excused by certain goods. + </p> + <p id="XP_Q49_A1-p7"> Further, the intercourse of fornication and that of marriage are of the same species as regards the species of nature. But + the intercourse of fornication is wrong in itself. Therefore, in order that the marriage intercourse be not wrong, something + must be added to it to make it right, and draw it to another moral species. + </p> + <p id="XP_Q49_A1-p8"> + <b>I answer that,</b> No wise man should allow himself to lose a thing except for some compensation in the shape of an equal or better good. Wherefore + for a thing that has a loss attached to it to be eligible, it needs to have some good connected with it, which by compensating + for that loss makes that thing ordinate and right. Now there is a loss of reason incidental to the union of man and woman, + both because the reason is carried away entirely on account of the vehemence of the + pleasure, so that it is unable to understand anything at the same time, as the Philosopher says (Ethic. vii, 11); and again + because of the tribulation of the flesh which such persons have to suffer from solicitude for temporal things ( + <a class="scripRef" id="XP_Q49_A1-p8.1" href="./asv.html#iCor.7.28" target="asv">1 Cor. 7:28</a>). Consequently the choice of this union cannot be made ordinate except by certain compensations whereby that same union is + righted. and these are the goods which excuse marriage and make it right. + </p> + <p id="XP_Q49_A1-p9"> + <b>Reply to Objection 1:</b> In the act of eating there is not such an intense pleasure overpowering the reason as in the aforesaid action, both because + the generative power, whereby original sin is transmitted, is infected and corrupt, whereas the nutritive power, by which + original sin is not transmitted, is neither corrupt nor infected; and again because each one feels in himself a defect of + the individual more than a defect of the species. Hence, in order to entice a man to + take food which supplies a defect of the individual, it is enough that he feel this defect; but in order to entice him to + the act whereby a defect of the species is remedied, Divine providence attached pleasure to that act, which moves even irrational + animals in which there is not the stain of original sin. Hence the comparison fails. + </p> + <p id="XP_Q49_A1-p10"> + <b>Reply to Objection 2:</b> These goods which justify marriage belong to the nature of marriage, which consequently needs them, not as extrinsic causes + of its rectitude, but as causing in it that rectitude which belongs to it by nature. + </p> + <p id="XP_Q49_A1-p11"> + <b>Reply to Objection 3:</b> From the very fact that marriage is intended as an office or as a remedy it has the aspect of something useful and right; + nevertheless both aspects belong to it from the fact that it has these goods by which it fulfills the office and affords a + remedy to concupiscence. + </p> + <p id="XP_Q49_A1-p12"> + <b>Reply to Objection 4:</b> An act of virtue may derive its rectitude both from the virtue as its elicitive principle, and from its circumstances as + its formal principles; and the goods of marriage are related to marriage as circumstances to an act of virtue which owes it + to those circumstances that it can be an act of virtue. + </p> + <p id="XP_Q49_A1-p13"></p> + <p id="XP_Q49_A1-p14"></p> + <a href="summa.XP_Q49.html"></a> + <a href="summa.XP_Q49_A2.html"></a> + </div> + <div id="XP_Q49_A2" class="div4"> + <a href="summa.XP_Q49_A1.html"></a> + <a href="summa.XP_Q49_A3.html"></a> + <h4 id="XP_Q49_A2-p0.1">Whether the goods of marriage are sufficiently enumerated?</h4> + <p id="XP_Q49_A2-p1"></p> + <p id="XP_Q49_A2-p2"> + <b>Objection 1:</b> It would seem that the goods of marriage are insufficiently enumerated by the Master (Sent. iv, D, 31), namely "faith, offspring, + and sacrament." For the object of marriage among men is not only the begetting and feeding of children, but also the partnership + of a common life, whereby each one contributes his share of work to the common stock, as stated in Ethic. viii, 12. Therefore + as the offspring is reckoned a good of matrimony, so also should the + communication of works. + </p> + <p id="XP_Q49_A2-p3"> + <b>Objection 2:</b> Further, the union of Christ with the Church, signified by matrimony, is the effect of charity. Therefore charity rather + than faith should be reckoned among the goods of matrimony. + </p> + <p id="XP_Q49_A2-p4"> + <b>Objection 3:</b> Further, in matrimony, just as it is required that neither party have intercourse with another, so is it required that the + one pay the marriage debt to the other. Now the former pertains to faith according to the Master (Sent. iv, D, 31). Therefore + justice should also be reckoned among the goods of marriage on account of the payment of the debt. + </p> + <p id="XP_Q49_A2-p5"> + <b>Objection 4:</b> Further, in matrimony as signifying the union of Christ with the Church, just as indivisibility is required, so also is unity, + whereby one man has one wife. But the sacrament which is reckoned among the three marriage goods pertains to indivisibility. + Therefore there should be something else pertaining to unity. + </p> + <p id="XP_Q49_A2-p6"> + <b>Objection 5:</b> On the other hand, it would seem that they are too many. For one virtue suffices to make one act right. Now faith is one + virtue. Therefore it was not necessary to add two other goods to make marriage right. + </p> + <p id="XP_Q49_A2-p7"> + <b>Objection 6:</b> Further, the same cause does not make a thing both useful and virtuous, since the useful and the virtuous are opposite divisions + of the good. Now marriage derives its character of useful from the offspring. Therefore the offspring should not be reckoned + among the goods that make marriage virtuous. + </p> + <p id="XP_Q49_A2-p8"> + <b>Objection 7:</b> Further, nothing should be reckoned as a property or condition of itself. Now these goods are reckoned to be conditions of + marriage. Therefore since matrimony is a sacrament, the sacrament should not be reckoned a condition of matrimony. + </p> + <p id="XP_Q49_A2-p9"> + <b>I answer that,</b> Matrimony is instituted both as an office of nature and as a sacrament of the Church. As an office of nature it is directed + by two things, like every other virtuous act. one of these is required on the part of the agent and is the intention of the + due end, and thus the "offspring" is accounted a good of matrimony; the other is required on the part of the act, which is + good generically through being about a due matter; and thus we have "faith," whereby a man + has intercourse with his wife and with no other woman. Besides this it has a certain goodness as a sacrament, and this is + signified by the very word "sacrament." + </p> + <p id="XP_Q49_A2-p10"> + <b>Reply to Objection 1:</b> Offspring signifies not only the begetting of children, but also their education, to which as its end is directed the entire + communion of works that exists between man and wife as united in marriage, since parents naturally "lay up" for their "children" + ( + <a class="scripRef" id="XP_Q49_A2-p10.1" href="./asv.html#iiCor.12.14" target="asv">2 Cor. 12:14</a>); so that the offspring like a principal end includes another, as it were, secondary end. + </p> + <p id="XP_Q49_A2-p11"> + <b>Reply to Objection 2:</b> Faith is not taken here as a theological virtue, but as part of justice, in so far as faith [fides] signifies the suiting + of deed to word [fiant dicta] by keeping one's promises; for since marriage is a contract it contains a promise whereby this + man is assigned to this woman. + </p> + <p id="XP_Q49_A2-p12"> + <b>Reply to Objection 3:</b> Just as the marriage promise means that neither party is to have intercourse with a third party, so does it require that + they should mutually pay the marriage debt. The latter is indeed the chief of the two, since it follows from the power which + each receives over the other. Consequently both these things pertain to faith, although the Book of Sentences mentions that + which is the less manifest. + </p> + <p id="XP_Q49_A2-p13"> + <b>Reply to Objection 4:</b> By sacrament we are to understand not only indivisibility, but all those things that result from marriage being a sign of + Christ's union with the Church. We may also reply that the unity to which the objection refers pertains to faith, just as + indivisibility belongs to the sacrament. + </p> + <p id="XP_Q49_A2-p14"> + <b>Reply to Objection 5:</b> Faith here does not denote a virtue, but that condition of virtue which is a part of justice and is called by the name of + faith. + </p> + <p id="XP_Q49_A2-p15"> + <b>Reply to Objection 6:</b> Just as the right use of a useful good derives its rectitude not from the useful but from the reason which causes the right + use, so too direction to a useful good may cause the goodness of rectitude by virtue of the reason causing the right direction; + and in this way marriage, through being directed to the offspring, is useful, and nevertheless righteous, inasmuch as it is + directed aright. + </p> + <p id="XP_Q49_A2-p16"> + <b>Reply to Objection 7:</b> As the Master says (Sent. iv, D, 31), sacrament here does not mean matrimony itself, but its indissolubility, which is a + sign of the same thing as matrimony is. + </p> + <p id="XP_Q49_A2-p17"> We may also reply that although marriage is a sacrament, marriage as marriage is not the same as marriage as a sacrament, + since it was instituted not only as a sign of a sacred thing, but also as an office of nature. Hence the sacramental aspect + is a condition added to marriage considered in itself, whence also it derives its rectitude. Hence its sacramentality, if + I may use the term, is reckoned among the goods which justify marriage; and accordingly this third good of + marriage, the sacrament to wit, denotes not only its indissolubility, but also whatever pertains to its signification. + </p> + <p id="XP_Q49_A2-p18"></p> + <p id="XP_Q49_A2-p19"></p> + <a href="summa.XP_Q49_A1.html"></a> + <a href="summa.XP_Q49_A3.html"></a> + </div> + <div id="XP_Q49_A3" class="div4"> + <a href="summa.XP_Q49_A2.html"></a> + <a href="summa.XP_Q49_A4.html"></a> + <h4 id="XP_Q49_A3-p0.1">Whether the sacrament is the chief of the marriage goods?</h4> + <p id="XP_Q49_A3-p1"></p> + <p id="XP_Q49_A3-p2"> + <b>Objection 1:</b> It would seem that the "sacrament" is not the chief of the marriage goods. For the end is principal in everything. Now the + end of marriage is the offspring. Therefore the offspring is the chief marriage good. + </p> + <p id="XP_Q49_A3-p3"> + <b>Objection 2:</b> Further, in the specific nature the difference is more important than the genus, even as the form is more important than + matter in the composition of a natural thing. Now "sacrament" refers to marriage on the part of its genus, while "offspring" + and "faith" refer thereto on the part of the difference whereby it is a special kind of sacrament. Therefore these other two + are more important than sacrament in reference to marriage. + </p> + <p id="XP_Q49_A3-p4"> + <b>Objection 3:</b> Further, just as we find marriage without "offspring" and without "faith," so do we find it without indissolubility, as in + the case where one of the parties enters religion before the marriage is consummated. Therefore neither from this point of + view is "sacrament" the most important marriage good. + </p> + <p id="XP_Q49_A3-p5"> + <b>Objection 4:</b> Further, an effect cannot be more important than its cause. Now consent, which is the cause of matrimony, is often changed. + Therefore the marriage also can be dissolved and consequently inseparability is not always a condition of marriage. + </p> + <p id="XP_Q49_A3-p6"> + <b>Objection 5:</b> Further, the sacraments which produce an everlasting effect imprint a character. But no character is imprinted in matrimony. + Therefore it is not conditioned by a lasting inseparability. Consequently just as there is marriage without "offspring" so + is there marriage without "sacrament," and thus the same conclusion follows as above. + </p> + <p id="XP_Q49_A3-p7"> + <b>On the contrary,</b> That which has a place in the definition of a thing is most essential thereto. Now inseparability, which pertains to sacrament, + is placed in the definition of marriage ( + <a id="XP_Q49_A3-p7.1" shape="rect" href="summa.XP_Q44_A3.html">Q[44], A[3]</a>), while offspring and faith are not. Therefore among the other goods sacrament is the most essential to matrimony. + </p> + <p id="XP_Q49_A3-p8"> Further, the Divine power which works in the sacraments is more efficacious than human power. But "offspring" and "faith" + pertain to matrimony as directed to an office of human nature, whereas "sacrament" pertains to it as instituted by God. Therefore + sacrament takes a more important part in marriage than the other two. + </p> + <p id="XP_Q49_A3-p9"> + <b>I answer that,</b> This or that may be more important to a thing in two ways, either because it is more essential or because it is more excellent. + If the reason is because it is more excellent, then "sacrament" is in every way the most important of the three marriage goods, + since it belongs to marriage considered as a sacrament of grace; while the other two belong to it as an office of nature; + and a perfection of grace is more excellent than a perfection of nature. If, + however, it is said to be more important because it is more essential, we must draw a distinction; for "faith" and "offspring" + can be considered in two ways. First, in themselves, and thus they regard the use of matrimony in begetting children and observing + the marriage compact; while inseparability, which is denoted by "sacrament," regards the very sacrament considered in itself, + since from the very fact that by the marriage compact man and wife give to one another power the one over the other + in perpetuity, it follows that they cannot be put asunder. Hence there is no matrimony without inseparability, whereas there + is matrimony without "faith" and "offspring," because the existence of a thing does not depend on its use; and in this sense + "sacrament" is more essential to matrimony than "faith" and "offspring." Secondly, "faith" and "offspring" may be considered + as in their principles, so that "offspring" denote the intention of having children, and "faith" the duty of remaining + faithful, and there can be no matrimony without these also, since they are caused in matrimony by the marriage compact itself, + so that if anything contrary to these were expressed in the consent which makes a marriage, the marriage would be invalid. + Taking "faith" and "offspring" in this sense, it is clear that "offspring" is the most essential thing in marriage, secondly + "faith," and thirdly "sacrament"; even as to man it is more essential to be in nature than to be in grace, although it is + more excellent to be in grace. + </p> + <p id="XP_Q49_A3-p10"> + <b>Reply to Objection 1:</b> The end as regards the intention stands first in a thing, but as regards the attainment it stands last. It is the same with + "offspring" among the marriage goods; wherefore in a way it is the most important and in another way it is not. + </p> + <p id="XP_Q49_A3-p11"> + <b>Reply to Objection 2:</b> Sacrament, even as holding the third place among the marriage goods, belongs to matrimony by reason of its difference; for + it is called "sacrament" from its signification of that particular sacred thing which matrimony signifies. + </p> + <p id="XP_Q49_A3-p12"> + <b>Reply to Objection 3:</b> According to Augustine (De Bono Conjug. ix), marriage is a good of mortals, wherefore in the resurrection "they shall neither + marry nor be married" ( + <a class="scripRef" id="XP_Q49_A3-p12.1" href="./asv.html#Matt.22.30" target="asv">Mat. 22:30</a>). Hence the marriage bond does not last after the life wherein it is contracted, and consequently it is said to be inseparable, + because it cannot be sundered in this life, but either by bodily death after carnal union, or by spiritual death after a merely + spiritual + union. + </p> + <p id="XP_Q49_A3-p13"> + <b>Reply to Objection 4:</b> Although the consent which makes a marriage is not everlasting materially, i.e. in regard to the substance of the act, since + that act ceases and a contrary act may succeed it, nevertheless formally speaking it is everlasting, because it is a consent + to an ever lasting bond, else it would not make a marriage, for a consent to take a woman for a time makes no marriage. Hence + it is everlasting formally, inasmuch as an act takes its species from its + object; and thus it is that matrimony derives its inseparability from the consent. + </p> + <p id="XP_Q49_A3-p14"> + <b>Reply to Objection 5:</b> In those sacraments wherein a character is imprinted, power is given to perform spiritual actions; but in matrimony, to perform + bodily actions. Wherefore matrimony by reason of the power which man and wife receive over one another agrees with the sacraments + in which a character is imprinted, and from this it derives its inseparability, as the Master says (Sent. iv, D, 31); yet + it differs from them in so far as that power regards bodily acts; hence it + does not confer a spiritual character. + </p> + <p id="XP_Q49_A3-p15"></p> + <p id="XP_Q49_A3-p16"></p> + <a href="summa.XP_Q49_A2.html"></a> + <a href="summa.XP_Q49_A4.html"></a> + </div> + <div id="XP_Q49_A4" class="div4"> + <a href="summa.XP_Q49_A3.html"></a> + <a href="summa.XP_Q49_A5.html"></a> + <h4 id="XP_Q49_A4-p0.1">Whether the marriage act is excused by the aforesaid goods?</h4> + <p id="XP_Q49_A4-p1"></p> + <p id="XP_Q49_A4-p2"> + <b>Objection 1:</b> It would seem that the marriage act cannot be altogether excused from sin by the aforesaid goods. For whoever allows himself + to lose a greater good for the sake of a lesser good sins because he allows it inordinately. Now the good of reason which + is prejudiced in the marriage act is greater than these three marriage goods. Therefore the aforesaid goods do not suffice + to excuse marriage intercourse. + </p> + <p id="XP_Q49_A4-p3"> + <b>Objection 2:</b> Further, if a moral good be added to a moral evil the sum total is evil and not good, since one evil circumstance makes an + action evil, whereas one good circumstance does not make it good. Now the marriage act is evil in itself, else it would need + no excuse. Therefore the addition of the marriage goods cannot make the act good. + </p> + <p id="XP_Q49_A4-p4"> + <b>Objection 3:</b> Further, wherever there is immoderate passion there is moral vice. Now the marriage goods cannot prevent the pleasure in + that act from being immoderate. Therefore they cannot excuse it from being a sin. + </p> + <p id="XP_Q49_A4-p5"> + <b>Objection 4:</b> Further, according to Damascene (De Fide Orth. ii, 15), shame is only caused by a disgraceful deed. Now the marriage goods + do not deprive that deed of its shame. Therefore they cannot excuse it from sin. + </p> + <p id="XP_Q49_A4-p6"> + <b>On the contrary,</b> The marriage act differs not from fornication except by the marriage goods. If therefore these were not sufficient to excuse + it marriage would be always unlawful; and this is contrary to what was stated above ( + <a id="XP_Q49_A4-p6.1" shape="rect" href="summa.XP_Q41_A3.html">Q[41], A[3]</a>). + </p> + <p id="XP_Q49_A4-p7"> Further, the marriage goods are related to its act as its due circumstances, as stated above (A[1], ad 4). Now the like circumstances + are sufficient to prevent an action from being evil. Therefore these goods can excuse marriage so that it is nowise a sin. + </p> + <p id="XP_Q49_A4-p8"> + <b>I answer that,</b> An act is said to be excused in two ways. First, on the part of the agent, so that although it be evil it is not imputed + as sin to the agent, or at least not as so grave a sin. thus ignorance is said to excuse a sin wholly or partly. Secondly, + an act is said to be excused on its part, so that, namely, it is not evil; and it is thus that the aforesaid goods are said + to excuse the marriage act. Now it is from the same cause that an act is not morally evil, and + that it is good, since there is no such thing as an indifferent act, as was stated in the Second Book (Sent. ii, D, 40; + <a id="XP_Q49_A4-p8.1" shape="rect" href="summa.FS_Q18_A9.html">FS, Q[18], A[9]</a>). Now a human act is said to be good in two ways. In one way by goodness of virtue, and thus an act derives its goodness + from those things which place it in the mean. This is what "faith" and "offspring" do in the marriage act, as stated above + + <a id="XP_Q49_A4-p8.2" shape="rect" href="summa.XP_Q49_A2.html">(A[2])</a>. In another way, by goodness of the "sacrament," in which way + an act is said to be not only good, but also holy, and the marriage act derives this goodness from the indissolubility of + the union, in respect of which it signifies the union of Christ with the Church. Thus it is clear that the aforesaid goods + sufficiently excuse the marriage act. + </p> + <p id="XP_Q49_A4-p9"> + <b>Reply to Objection 1:</b> By the marriage act man does not incur harm to his reason as to habit, but only as to act. Nor is it unfitting that a certain + act which is generically better be sometimes interrupted for some less good act; for it is possible to do this without sin, + as in the case of one who ceases from the act of contemplation in order meanwhile to devote himself to action. + </p> + <p id="XP_Q49_A4-p10"> + <b>Reply to Objection 2:</b> This argument would avail if the evil that is inseparable from carnal intercourse were an evil of sin. But in this case it + is an evil not of sin but of punishment alone, consisting in the rebellion of concupiscence against reason; and consequently + the conclusion does not follow. + </p> + <p id="XP_Q49_A4-p11"> + <b>Reply to Objection 3:</b> The excess of passion that amounts to a sin does not refer to the passion's quantitative intensity, but to its proportion + to reason; wherefore it is only when a passion goes beyond the bounds of reason that it is reckoned to be immoderate. Now + the pleasure attaching to the marriage act, while it is most intense in point of quantity, does not go beyond the bounds previously + appointed by reason before the commencement of the act, although reason is + unable to regulate them during the pleasure itself. + </p> + <p id="XP_Q49_A4-p12"> + <b>Reply to Objection 4:</b> The turpitude that always accompanies the marriage act and always causes shame is the turpitude of punishment, not of sin, + for man is naturally ashamed of any defect. + </p> + <p id="XP_Q49_A4-p13"></p> + <p id="XP_Q49_A4-p14"></p> + <a href="summa.XP_Q49_A3.html"></a> + <a href="summa.XP_Q49_A5.html"></a> + </div> + <div id="XP_Q49_A5" class="div4"> + <a href="summa.XP_Q49_A4.html"></a> + <a href="summa.XP_Q49_A6.html"></a> + <h4 id="XP_Q49_A5-p0.1">Whether the marriage act can be excused without the marriage goods?</h4> + <p id="XP_Q49_A5-p1"></p> + <p id="XP_Q49_A5-p2"> + <b>Objection 1:</b> It would seem that the marriage act can be excused even without the marriage goods. For he who is moved by nature alone to + the marriage act, apparently does not intend any of the marriage goods, since the marriage goods pertain to grace or virtue. + Yet when a person is moved to the aforesaid act by the natural appetite alone, seemingly he commits no sin, for nothing natural + is an evil, since "evil is contrary to nature and order," as Dionysius says (Div. Nom. + iv). Therefore the marriage act can be excused even without the marriage goods. + </p> + <p id="XP_Q49_A5-p3"> + <b>Objection 2:</b> Further, he who has intercourse with his wife in order to avoid fornication, does not seemingly intend any of the marriage + goods. Yet he does not sin apparently, because marriage was granted to human weakness for the very purpose of avoiding fornication + ( + <a class="scripRef" id="XP_Q49_A5-p3.1" href="./asv.html#iCor.7.2" target="asv">1 Cor. 7:2</a>, + <a class="scripRef" id="XP_Q49_A5-p3.2" href="./asv.html#iCor.7.6" target="asv">6</a>). Therefore the marriage act can be excused even without the marriage goods. + </p> + <p id="XP_Q49_A5-p4"> + <b>Objection 3:</b> Further, he who uses as he will that which is his own does not act against justice, and thus seemingly does not sin. Now + marriage makes the wife the husband's own, and "vice versa." Therefore, if they use one another at will through the instigation + of lust, it would seem that it is no sin; and thus the same conclusion follows. + </p> + <p id="XP_Q49_A5-p5"> + <b>Objection 4:</b> Further, that which is good generically does not become evil unless it be done with an evil intention. Now the marriage act + whereby a husband knows his wife is generically good. Therefore it cannot be evil unless it be done with an evil intention. + Now it can be done with a good intention, even without intending any marriage good, for instance by intending to keep or acquire + bodily health. Therefore it seems that this act can be excused even without the + marriage goods. + </p> + <p id="XP_Q49_A5-p6"> + <b>On the contrary,</b> If the cause be removed the effect is removed. Now the marriage goods are the cause of rectitude in the marriage act. Therefore + the marriage act cannot be excused without them. + </p> + <p id="XP_Q49_A5-p7"> Further, the aforesaid act does not differ from the act of fornication except in the aforesaid goods. But the act of fornication + is always evil. Therefore the marriage act also will always be evil unless it be excused by the aforesaid goods. + </p> + <p id="XP_Q49_A5-p8"> + <b>I answer that,</b> Just as the marriage goods, in so far as they consist in a habit, make a marriage honest and holy, so too, in so far as they + are in the actual intention, they make the marriage act honest, as regards those two marriage goods which relate to the marriage + act. Hence when married persons come together for the purpose of begetting children, or of paying the debt to one another + (which pertains to "faith") they are wholly excused from sin. But the third good does + not relate to the use of marriage, but to its excuse, as stated above + <a id="XP_Q49_A5-p8.1" shape="rect" href="summa.XP_Q49_A3.html">(A[3])</a>; wherefore it makes marriage itself honest, but not its act, as though its act were wholly excused from sin, through being + done on account of some signification. Consequently there are only two ways in which married persons can come together without + any sin at all, namely in order to have offspring, and in order to pay the debt. otherwise it is always at least a venial + sin. + </p> + <p id="XP_Q49_A5-p9"> + <b>Reply to Objection 1:</b> The offspring considered as a marriage good includes something besides the offspring as a good intended by nature. For nature + intends offspring as safeguarding the good of the species, whereas the offspring as a good of the sacrament of marriage includes + besides this the directing of the child to God. Wherefore the intention of nature which intends the offspring must needs be + referred either actually or habitually to the intention of having an + offspring, as a good of the sacrament: otherwise the intention would go no further than a creature; and this is always a sin. + Consequently whenever nature alone moves a person to the marriage act, he is not wholly excused from sin, except in so far + as the movement of nature is further directed actually or habitually to the offspring as a good of the sacrament. Nor does + it follow that the instigation of nature is evil, but that it is imperfect unless it be further directed to some marriage + good. + </p> + <p id="XP_Q49_A5-p10"> + <b>Reply to Objection 2:</b> If a man intends by the marriage act to prevent fornication in his wife, it is no sin, because this is a kind of payment + of the debt that comes under the good of "faith." But if he intends to avoid fornication in himself, then there is a certain + superfluity, and accordingly there is a venial sin, nor was the sacrament instituted for that purpose, except by indulgence, + which regards venial sins. + </p> + <p id="XP_Q49_A5-p11"> + <b>Reply to Objection 3:</b> One due circumstance does not suffice to make a good act, and consequently it does not follow that, no matter how one use + one's own property, the use is good, but when one uses it as one ought according to all the circumstances. + </p> + <p id="XP_Q49_A5-p12"> + <b>Reply to Objection 4:</b> Although it is not evil in itself to intend to keep oneself in good health, this intention becomes evil, if one intend health + by means of something that is not naturally ordained for that purpose; for instance if one sought only bodily health by the + sacrament of baptism, and the same applies to the marriage act in the question at issue. + </p> + <p id="XP_Q49_A5-p13"></p> + <p id="XP_Q49_A5-p14"></p> + <a href="summa.XP_Q49_A4.html"></a> + <a href="summa.XP_Q49_A6.html"></a> + </div> + <div id="XP_Q49_A6" class="div4"> + <a href="summa.XP_Q49_A5.html"></a> + <a href="summa.XP_Q50.html"></a> + <h4 id="XP_Q49_A6-p0.1">Whether it is a mortal sin for a man to have knowledge of his wife, with the intention not of a marriage good but merely of + pleasure? + </h4> + <p id="XP_Q49_A6-p1"></p> + <p id="XP_Q49_A6-p2"> + <b>Objection 1:</b> It would seem that whenever a man has knowledge of his wife, with the intention not of a marriage good but merely of pleasure, + he commits a mortal sin. For according to Jerome (Comment. in + <a class="scripRef" id="XP_Q49_A6-p2.1" href="./asv.html#Eph.5.25" target="asv"> Eph. 5:25</a>), as quoted in the text (Sent. iv, D, 31), "the pleasure taken in the embraces of a wanton is damnable in a husband." Now + nothing but mortal sin is said to be damnable. Therefore it is always a mortal sin to have knowledge of one's wife for + mere pleasure. + </p> + <p id="XP_Q49_A6-p3"> + <b>Objection 2:</b> Further, consent to pleasure is a mortal sin, as stated in the Second Book (Sent. ii, D, 24). Now whoever knows his wife + for the sake of pleasure consents to the pleasure. Therefore he sins mortally. + </p> + <p id="XP_Q49_A6-p4"> + <b>Objection 3:</b> Further, whoever fails to refer the use of a creature to God enjoys a creature, and this is a mortal sin. But whoever uses + his wife for mere pleasure does not refer that use to God. Therefore he sins mortally. + </p> + <p id="XP_Q49_A6-p5"> + <b>Objection 4:</b> Further, no one should be excommunicated except for a mortal sin. Now according to the text (Sent. ii, D, 24) a man who knows + his wife for mere pleasure is debarred from entering the Church, as though he were excommunicate. Therefore every such man + sins mortally. + </p> + <p id="XP_Q49_A6-p6"> + <b>On the contrary,</b> As stated in the text (Sent. ii, D, 24), according to Augustine (Contra Jul. ii, 10; De Decem Chord. xi; Serm. xli, de Sanct.), + carnal intercourse of this kind is one of the daily sins, for which we say the "Our Father." Now these are not mortal sins. + Therefore, etc. + </p> + <p id="XP_Q49_A6-p7"> Further, it is no mortal sin to take food for mere pleasure. Therefore in like manner it is not a mortal sin for a man to + use his wife merely to satisfy his desire. + </p> + <p id="XP_Q49_A6-p8"> + <b>I answer that,</b> Some say that whenever pleasure is the chief motive for the marriage act it is a mortal sin; that when it is an indirect + motive it is a venial sin; and that when it spurns the pleasure altogether and is displeasing, it is wholly void of venial + sin; so that it would be a mortal sin to seek pleasure in this act, a venial sin to take the pleasure when offered, but that + perfection requires one to detest it. But this is impossible, since according to the + Philosopher (Ethic. x, 3,4) the same judgment applies to pleasure as to action, because pleasure in a good action is good, + and in an evil action, evil; wherefore, as the marriage act is not evil in itself, neither will it be always a mortal sin + to seek pleasure therein. Consequently the right answer to this question is that if pleasure be sought in such a way as to + exclude the honesty of marriage, so that, to wit, it is not as a wife but as a woman that a man treats his wife, and that + he is + ready to use her in the same way if she were not his wife, it is a mortal sin; wherefore such a man is said to be too ardent + a lover of his wife, because his ardor carries him away from the goods of marriage. If, however, he seek pleasure within the + bounds of marriage, so that it would not be sought in another than his wife, it is a venial sin. + </p> + <p id="XP_Q49_A6-p9"> + <b>Reply to Objection 1:</b> A man seeks wanton pleasure in his wife when he sees no more in her that he would in a wanton. + </p> + <p id="XP_Q49_A6-p10"> + <b>Reply to Objection 2:</b> Consent to the pleasure of the intercourse that is a mortal sin is itself a mortal sin; but such is not the consent to the + marriage act. + </p> + <p id="XP_Q49_A6-p11"> + <b>Reply to Objection 3:</b> Although he does not actually refer the pleasure to God, he does not place his will's last end therein; otherwise he would + seek it anywhere indifferently. Hence it does not follow that he enjoys a creature; but he uses a creature actually for his + own sake, and himself habitually, though not actually, for God's sake. + </p> + <p id="XP_Q49_A6-p12"> + <b>Reply to Objection 4:</b> The reason for this statement is not that man deserves to be excommunicated for this sin, but because he renders himself + unfit for spiritual things, since in that act, he becomes flesh and nothing more. + </p> + <p id="XP_Q49_A6-p13"></p> + <p id="XP_Q49_A6-p14"></p> + <a href="summa.XP_Q49_A5.html"></a> + <a href="summa.XP_Q50.html"></a> + </div> + <a href="summa.XP_Q48_A2.html"></a> + <a href="summa.XP_Q49_A1.html"></a> + </div> + <div id="XP_Q50" class="div3"> + <a href="summa.XP_Q49_A6.html"></a> + <a href="summa.XP_Q50_A1.html"></a> + <h3 id="XP_Q50-p0.1">OF THE IMPEDIMENTS OF MARRIAGE, IN GENERAL (ONE ARTICLE)</h3> + <p id="XP_Q50-p1"></p> + <p id="XP_Q50-p2"> In the next place we must consider the impediments of marriage: (1) In general; (2) In particular.</p> + <div id="XP_Q50_A1" class="div4"> + <a href="summa.XP_Q50.html"></a> + <a href="summa.XP_Q51.html"></a> + <h4 id="XP_Q50_A1-p0.1">Whether it is fitting that impediments should be assigned to marriage?</h4> + <p id="XP_Q50_A1-p1"></p> + <p id="XP_Q50_A1-p2"> + <b>Objection 1:</b> It would seem unfitting for impediments to be assigned to marriage. For marriage is a sacrament condivided with the others. + But no impediments are assigned to the others. Neither therefore should they be assigned to marriage. + </p> + <p id="XP_Q50_A1-p3"> + <b>Objection 2:</b> Further, the less perfect a thing is the fewer its obstacles. Now matrimony is the least perfect of the sacraments. Therefore + it should have either no impediments or very few. + </p> + <p id="XP_Q50_A1-p4"> + <b>Objection 3:</b> Further, wherever there is disease, it is necessary to have a remedy for the disease. Now concupiscence, a remedy for which + is permitted in matrimony ( + <a class="scripRef" id="XP_Q50_A1-p4.1" href="./asv.html#iCor.7.6" target="asv">1 Cor. 7:6</a>), is in all. Therefore there should not be any impediment making it altogether unlawful for a particular person to marry. + </p> + <p id="XP_Q50_A1-p5"> + <b>Objection 4:</b> Further, unlawful means against the law. Now these impediments that are assigned to matrimony are not against the natural + law, because they are not found to be the same in each state of the human race, since more degrees of kindred come under prohibition + at one time than at another. Nor, seemingly, can human law set impediments against marriage, since marriage, like the other + sacraments, is not of human but of Divine institution. Therefore impediments should + not be assigned to marriage, making it unlawful for a person to marry. + </p> + <p id="XP_Q50_A1-p6"> + <b>Objection 5:</b> Further, lawful and unlawful differ as that which is against the law from that which is not, and between these there is no + middle term, since they are opposed according to affirmation and negation. Therefore there cannot be impediments to marriage, + placing a person in a middle position between those who are lawful and those who are unlawful subjects of marriage. + </p> + <p id="XP_Q50_A1-p7"> + <b>Objection 6:</b> Further, union of man and woman is unlawful save in marriage. Now every unlawful union should be dissolved. Therefore if + anything prevent a marriage being contracted, it will "de facto" dissolve it after it has been contracted; and thus impediments + should not be assigned to marriage, which hinder it from being contracted, and dissolve it after it has been contracted. + </p> + <p id="XP_Q50_A1-p8"> + <b>Objection 7:</b> Further, no impediment can remove from a thing that which is part of its definition. Now indissolubility is part of the definition + of marriage. Therefore there cannot be any impediments which annul a marriage already contracted. + </p> + <p id="XP_Q50_A1-p9"> + <b>Objection 8:</b> On the other hand, it would seem that there should be an infinite number of impediments to marriage. For marriage is a good. + Now good may be lacking in an infinite number of ways, as Dionysius says (Div. Nom. iii). Therefore there is an infinite number + of impediments to marriage. + </p> + <p id="XP_Q50_A1-p10"> + <b>Objection 9:</b> Further, the impediments to marriage arise from the conditions of individuals. But such like conditions are infinite in number. + Therefore the impediments to marriage are also infinite. + </p> + <p id="XP_Q50_A1-p11"> + <b>I answer that,</b> In marriage, as in other sacraments, there are certain things essential to marriage, and others that belong to its solemnization. + And since even without the things that pertain to its solemnization it is still a true sacrament, as also in the case of the + other sacraments, it follows that the impediments to those things that pertain to the solemnization of this sacrament do not + derogate from the validity of the marriage. These impediments are said to hinder + the contracting of marriage, but they do not dissolve the marriage once contracted; such are the veto of the Church, or the + holy seasons. Hence the verse: + </p> + <p id="XP_Q50_A1-p12"> "The veto of the Church and holy tide</p> + <p id="XP_Q50_A1-p13"> Forbid the knot, but loose it not if tied."</p> + <p id="XP_Q50_A1-p14"> On the other hand, those impediments which regard the essentials of marriage make a marriage invalid, wherefore they are + said not only to hinder the contracting of marriage, but to dissolve it if contracted; and they are contained in the following + verse: + </p> + <p id="XP_Q50_A1-p15"> "Error, station, vow, kinship, crime,</p> + <p id="XP_Q50_A1-p16"> Difference of worship, force, holy orders,</p> + <p id="XP_Q50_A1-p17"> Marriage bond, honesty, affinity, impotence,</p> + <p id="XP_Q50_A1-p18"> All these forbid marriage, and annul it though</p> + <p id="XP_Q50_A1-p19"> contracted."</p> + <p id="XP_Q50_A1-p20"> The reason for this number may be explained as follows: Marriage may be hindered either on the part of the contract or in + regard to the contracting parties. If in the first way, since the marriage contract is made by voluntary consent, and this + is incompatible with either ignorance or violence, there will be two impediments to marriage, namely "force," i.e. compulsion, + and "error" in reference to ignorance. Wherefore the Master pronounced on these two impediments when treating + of the cause of matrimony (Sent. iv, DD 29,30). Here, however, he is treating of the impediments as arising from the contracting + parties, and these may be differentiated as follows. A person may be hindered from contracting marriage either simply, or + with some particular person. If simply, so that he be unable to contract marriage with any woman, this can only be because + he is hindered from performing the marriage act. This happens in two ways. First, because he cannot "de facto," either + through being altogether unable---and thus we have the impediment of "impotence"---or through being unable to do so freely, + and thus we have the impediment of the "condition of slavery." Secondly, because he cannot do it lawfully, and this because + he is bound to continence, which happens in two ways, either through his being bound on account of the office he has undertaken + to fulfill---and thus we have the impediment of "Order"---or on account of his having taken a vow---and thus "Vow" is an + impediment. + </p> + <p id="XP_Q50_A1-p21"> If, however, a person is hindered from marrying, not simply but in reference to a particular person, this is either because + he is bound to another person, and thus he who is married to one cannot marry another, which constitutes the impediment of + the "bond of marriage"---or through lack of proportion to the other party, and this for three reasons. First, on account of + too great a distance separating them, and thus we have "difference of worship"; secondly, on account of their + being too closely related, and thus we have three impediments, namely "kinship," then "affinity," which denotes the close + relationship between two persons, in reference to a third united to one of them by marriage, and the "justice of public honesty," + where we have a close relationship between two persons arising out of the betrothal of one of them to a third person; thirdly, + on account of a previous undue union between him and the woman, and thus the "crime of adultery" previously committed + with her is an impediment. + </p> + <p id="XP_Q50_A1-p22"> + <b>Reply to Objection 1:</b> There may be impediments to the other sacraments also in the omission either of that which is essential, or of that which + pertains to the solemnization of the sacrament, as stated above. However, impediments are assigned to matrimony rather than + to the other sacraments for three reasons. First, because matrimony consists of two persons, and consequently can be impeded + in more ways than the other sacraments which refer to one person taken individually; + secondly, because matrimony has its cause in us and in God, while some of the other sacraments have their cause in God alone. + Wherefore penance which in a manner has a cause in us, is assigned certain impediments by the Master (Sent. iv, D, 16), such + as hypocrisy, the public games, and so forth; thirdly, because other sacraments are objects of command or counsel, as being + more perfect goods, whereas marriage is a matter of indulgence, as being a less perfect good ( + <a class="scripRef" id="XP_Q50_A1-p22.1" href="./asv.html#iCor.7.6" target="asv">1 Cor. + 7:6 + </a>). Wherefore, in order to afford an opportunity of proficiency towards a greater good, more impediments are assigned to matrimony + than to the other sacraments. + </p> + <p id="XP_Q50_A1-p23"> + <b>Reply to Objection 2:</b> The more perfect things can be hindered in more ways, in so far as more conditions are required for them. And if an imperfect + thing requires more conditions, there will be more impediments to it; and thus it is in matrimony. + </p> + <p id="XP_Q50_A1-p24"> + <b>Reply to Objection 3:</b> This argument would hold, were there no other and more efficacious remedies for the disease of concupiscence; which is false. + </p> + <p id="XP_Q50_A1-p25"> + <b>Reply to Objection 4:</b> Persons are said to be unlawful subjects for marriage through being contrary to the law whereby marriage is established. + Now marriage as fulfilling an office of nature is established by the natural law; as a sacrament, by the Divine law; as fulfilling + an office of society, by the civil law. Consequently a person may be rendered an unlawful subject of marriage by any of the + aforesaid laws. Nor does the comparison with the other sacraments hold, for + they are sacraments only. And since the natural law is particularized in various ways according to the various states of mankind, + and since positive law, too, varies according to the various conditions of men, the Master (Sent. iv, D, 34) asserts that + at various times various persons have been unlawful subjects of marriage. + </p> + <p id="XP_Q50_A1-p26"> + <b>Reply to Objection 5:</b> The law may forbid a thing either altogether, or in part and in certain cases. Hence between that which is altogether according + to the law and that which is altogether against the law (which are opposed by contrariety and not according to affirmation + and negation), that which is somewhat according to the law and somewhat against the law is a middle term. For this reason + certain persons hold a middle place between those who are simply lawful subjects + and those who are simply unlawful. + </p> + <p id="XP_Q50_A1-p27"> + <b>Reply to Objection 6:</b> Those impediments which do not annul a marriage already contracted sometimes hinder a marriage from being contracted, by + rendering it not invalid but unlawful. And if it be contracted it is a true marriage although the contracting parties sin; + just as by consecrating after breaking one's fast one would sin by disobeying the Church's ordinance, and yet it would be + a valid sacrament because it is not essential to the sacrament that the consecrator be + fasting. + </p> + <p id="XP_Q50_A1-p28"> + <b>Reply to Objection 7:</b> When we say that the aforesaid impediments annul marriage already contracted, we do not mean that they dissolve a marriage + contracted in due form, but that they dissolve a marriage contracted "de facto" and not "de jure." Wherefore if an impediment + supervene after a marriage has been contracted in due form, it cannot dissolve the marriage. + </p> + <p id="XP_Q50_A1-p29"> + <b>Reply to Objection 8:</b> The impediments that hinder a good accidentally are infinite in number, like all accidental causes. But the causes which + of their own nature corrupt a certain good are directed to that effect, and determinate, even as are the causes which produce + that good; for the causes by which a thing is destroyed and those by which it is made are either contrary to one another, + or the same but taken in a contrary way. + </p> + <p id="XP_Q50_A1-p30"> + <b>Reply to Objection 9:</b> The conditions of particular persons taken individually are infinite in number, but taken in general, they may be reduced + to a certain number; as instanced in medicine and all operative arts, which consider the conditions of particular persons + in whom acts are. + </p> + <p id="XP_Q50_A1-p31"></p> + <p id="XP_Q50_A1-p32"></p> + <a href="summa.XP_Q50.html"></a> + <a href="summa.XP_Q51.html"></a> + </div> + <a href="summa.XP_Q49_A6.html"></a> + <a href="summa.XP_Q50_A1.html"></a> + </div> + <div id="XP_Q51" class="div3"> + <a href="summa.XP_Q50_A1.html"></a> + <a href="summa.XP_Q51_A1.html"></a> + <h3 id="XP_Q51-p0.1">OF THE IMPEDIMENT OF ERROR (TWO ARTICLES)</h3> + <p id="XP_Q51-p1"></p> + <p id="XP_Q51-p2"> We must now consider the impediments to matrimony in particular, and in the first place the impediment of error. Under this + head there are two points of inquiry: + </p> + <p id="XP_Q51-p3"> (1) Whether error of its very nature is an impediment to matrimony?</p> + <p id="XP_Q51-p4"> (2) What kind of error?</p> + <div id="XP_Q51_A1" class="div4"> + <a href="summa.XP_Q51.html"></a> + <a href="summa.XP_Q51_A2.html"></a> + <h4 id="XP_Q51_A1-p0.1">Whether it is right to reckon error as an impediment to marriage?</h4> + <p id="XP_Q51_A1-p1"></p> + <p id="XP_Q51_A1-p2"> + <b>Objection 1:</b> It would seem that error should not be reckoned in itself an impediment to marriage. For consent, which is the efficient + cause of marriage, is hindered in the same way as the voluntary. Now the voluntary, according to the Philosopher (Ethic. iii, + 1), may be hindered by ignorance. But ignorance is not the same as error, because ignorance excludes knowledge altogether, + whereas error does not, since "error is to approve the false as though it were true," + according to Augustine (De Trin. ix, 11). Therefore ignorance rather than error should have been reckoned here as an impediment + to marriage. + </p> + <p id="XP_Q51_A1-p3"> + <b>Objection 2:</b> Further, that which of its very nature can be an impediment to marriage is in opposition to the good of marriage. But error + is not a thing of this kind. Therefore error is not by its very nature an impediment to marriage. + </p> + <p id="XP_Q51_A1-p4"> + <b>Objection 3:</b> Further, just as consent is required for marriage, so is intention required for baptism. Now if one were to baptize John, + thinking to baptize Peter, John would be baptized none the less. Therefore error does not annul matrimony. + </p> + <p id="XP_Q51_A1-p5"> + <b>Objection 4:</b> Further, there was true marriage between Lia and Jacob, and yet, in this case, there was error. Therefore error does not + annul a marriage. + </p> + <p id="XP_Q51_A1-p6"> + <b>On the contrary,</b> It is said in the Digests (Si per errorem, ff. De jurisdic. omn. judic.): "What is more opposed to consent than error?" Now + consent is required for marriage. Therefore error is an impediment to matrimony. + </p> + <p id="XP_Q51_A1-p7"> Further, consent denotes something voluntary. Now error is an obstacle to the voluntary, since "the voluntary," according + to the Philosopher (Ethic. iii, 1), Damascene (De Fide Orth. ii, 24), and Gregory of Nyssa [*Nemesius] (De Nat. Hom. xxxii), + "is that which has its principle in one who has knowledge of singulars which are the matter of actions." But this does not + apply to one who is in error. Therefore error is an impediment to matrimony. + </p> + <p id="XP_Q51_A1-p8"> + <b>I answer that,</b> Whatever hinders a cause, of its very nature hinders the effect likewise. Now consent is the cause of matrimony, as stated + above ( + <a id="XP_Q51_A1-p8.1" shape="rect" href="summa.XP_Q45_A1.html">Q[45], A[1]</a>). Hence whatever voids the consent, voids marriage. Now consent is an act of the will, presupposing an act of the intellect; + and if the first be lacking, the second must needs be lacking also. Hence, when error hinders knowledge, there follows a defect + in the consent also, and consequently in + the marriage. Therefore it is possible according to the natural law for error to void marriage. + </p> + <p id="XP_Q51_A1-p9"> + <b>Reply to Objection 1:</b> Speaking simply, ignorance differs from error, because ignorance does not of its very nature imply an act of knowledge, while + error supposes a wrong judgment of reason about something. However, as regards being an impediment to the voluntary, it differs + not whether we call it ignorance or error, since no ignorance can be an impediment to the voluntary, unless it have error + in conjunction with it, because the will's act presupposes an estimate or + judgment about something which is the object of the will. Wherefore if there be ignorance there must needs be error; and for + this reason error is set down as being the proximate cause. + </p> + <p id="XP_Q51_A1-p10"> + <b>Reply to Objection 2:</b> Although error is not of itself contrary to matrimony, it is contrary thereto as regards the cause of marriage. + </p> + <p id="XP_Q51_A1-p11"> + <b>Reply to Objection 3:</b> The character of baptism is not caused directly by the intention of the baptizer, but by the material element applied outwardly; + and the intention is effective only as directing the material element to its effect; whereas the marriage tie is caused by + the consent directly. Hence the comparison fails. + </p> + <p id="XP_Q51_A1-p12"> + <b>Reply to Objection 4:</b> According to the Master (Sent. iv, D, 30) the marriage between Lia and Jacob was effected not by their coming together, which + happened through an error, but by their consent, which followed afterwards. Yet both are clearly to be excused from sin (Sent. + iv, D, 30). + </p> + <p id="XP_Q51_A1-p13"></p> + <p id="XP_Q51_A1-p14"></p> + <a href="summa.XP_Q51.html"></a> + <a href="summa.XP_Q51_A2.html"></a> + </div> + <div id="XP_Q51_A2" class="div4"> + <a href="summa.XP_Q51_A1.html"></a> + <a href="summa.XP_Q52.html"></a> + <h4 id="XP_Q51_A2-p0.1">Whether every error is an impediment to matrimony?</h4> + <p id="XP_Q51_A2-p1"></p> + <p id="XP_Q51_A2-p2"> + <b>Objection 1:</b> It would seem that every error is an impediment to matrimony, and not, as stated in the text (Sent. iv, D, 30), only error + about the condition or the person. For that which applies to a thing as such applies to it in all its bearings. Now error + is of its very nature an impediment to matrimony, as stated above + <a id="XP_Q51_A2-p2.1" shape="rect" href="summa.XP_Q51_A1.html">(A[1])</a>. Therefore every error is an impediment to matrimony. + </p> + <p id="XP_Q51_A2-p3"> + <b>Objection 2:</b> Further, if error, as such, is an impediment to matrimony, the greater the error the greater the impediment. Now the error + concerning faith in a heretic who disbelieves in this sacrament is greater than an error concerning the person. Therefore + it should be a greater impediment than error about the person. + </p> + <p id="XP_Q51_A2-p4"> + <b>Objection 3:</b> Further, error does not void marriage except as removing voluntariness. Now ignorance about any circumstance takes away voluntariness + (Ethic. iii, 1). Therefore it is not only error about condition or person that is an impediment to matrimony. + </p> + <p id="XP_Q51_A2-p5"> + <b>Objection 4:</b> Further, just as the condition of slavery is an accident affecting the person, so are bodily or mental qualities. But error + regarding the condition is an impediment to matrimony. Therefore error concerning quality or fortune is equally an impediment. + </p> + <p id="XP_Q51_A2-p6"> + <b>Objection 5:</b> Further, just as slavery or freedom pertains to the condition of person, so do high and low rank, or dignity of position + and the lack thereof. Now error regarding the condition of slavery is an impediment to matrimony. Therefore error about the + other matters mentioned is also an impediment. + </p> + <p id="XP_Q51_A2-p7"> + <b>Objection 6:</b> Further, just as the condition of slavery is an impediment, so are difference of worship and impotence, as we shall say further + on ( + <a id="XP_Q51_A2-p7.1" shape="rect" href="summa.XP_Q52_A2.html">Q[52], A[2]</a>; + <a id="XP_Q51_A2-p7.2" shape="rect" href="summa.XP_Q58_A1.html"> Q[58], A[1]</a>; + <a id="XP_Q51_A2-p7.3" shape="rect" href="summa.XP_Q59_A1.html"> Q[59], A[1]</a>). Therefore just as error regarding the condition is an impediment, so also should error about those other matters be reckoned + an impediment. + </p> + <p id="XP_Q51_A2-p8"> + <b>Objection 7:</b> On the other hand, it would seem that not even error about the person is an impediment to marriage. For marriage is a contract + even as a sale is. Now in buying and selling the sale is not voided if one coin be given instead of another of equal value. + Therefore a marriage is not voided if one woman be taken instead of another. + </p> + <p id="XP_Q51_A2-p9"> + <b>Objection 8:</b> Further, it is possible for them to remain in this error for many years and to beget between them sons and daughters. But + it would be a grave assertion to maintain that they ought to be separated then. Therefore their previous error did not void + their marriage. + </p> + <p id="XP_Q51_A2-p10"> + <b>Objection 9:</b> Further, it might happen that the woman is betrothed to the brother of the man whom she thinks that she is consenting to + marry, and that she has had carnal intercourse with him; in which case, seemingly, she cannot go back to the man to whom she + thought to give her consent, but should hold on to his brother. Thus error regarding the person is not an impediment to marriage. + </p> + <p id="XP_Q51_A2-p11"> + <b>I answer that,</b> Just as error, through causing involuntariness, is an excuse from sin, so on the same count is it an impediment to marriage. + Now error does not excuse from sin unless it refer to a circumstance the presence or absence of which makes an action lawful + or unlawful. For if a man were to strike his father with an iron rod thinking it to be of wood, he is not excused from sin + wholly, although perhaps in part; but if a man were to strike his father, thinking to + strike his son to correct him, he is wholly excused provided he take due care. Wherefore error, in order to void marriage, + must needs be about the essentials of marriage. Now marriage includes two things, namely the two persons who are joined together, + and the mutual power over one another wherein marriage consists. The first of these is removed by error concerning the person, + the second by error regarding the condition, since a slave cannot freely give power over his body to another, without + his master's consent. For this reason these two errors, and no others, are an impediment to matrimony. + </p> + <p id="XP_Q51_A2-p12"> + <b>Reply to Objection 1:</b> It is not from its generic nature that error is an impediment to marriage, but from the nature of the difference added thereto; + namely from its being error about one of the essentials to marriage. + </p> + <p id="XP_Q51_A2-p13"> + <b>Reply to Objection 2:</b> An error of faith about matrimony is about things consequent upon matrimony, for instance on the question of its being a + sacrament, or of its being lawful. Wherefore such error as these is no impediment to marriage, as neither does an error about + baptism hinder a man from receiving the character, provided he intend to receive what the Church gives, although he believe + it to be nothing. + </p> + <p id="XP_Q51_A2-p14"> + <b>Reply to Objection 3:</b> It is not any ignorance of a circumstance that causes the involuntariness which is an excuse from sin, as stated above; wherefore + the argument does not prove. + </p> + <p id="XP_Q51_A2-p15"> + <b>Reply to Objection 4:</b> Difference of fortune or of quality does not make a difference in the essentials to matrimony, as the condition of slavery + does. Hence the argument does not prove. + </p> + <p id="XP_Q51_A2-p16"> + <b>Reply to Objection 5:</b> Error about a person's rank, as such, does not void a marriage, for the same reason as neither does error about a personal + quality. If, however, the error about a person's rank or position amounts to an error about the person, it is an impediment + to matrimony. Hence, if the woman consent directly to this particular person, her error about his rank does not void the marriage; + but if she intend directly to consent to marry the king's son, whoever he may + be, then, if another man than the king's son be brought to her, there is error about the person, and the marriage will be + void. + </p> + <p id="XP_Q51_A2-p17"> + <b>Reply to Objection 6:</b> Error is an impediment to matrimony, although it be about other impediments to marriage if it concern those things which + render a person an unlawful subject of marriage. But (the Master) does not mention error about such things, because they are + an impediment to marriage whether there be error about them or not; so that if a woman contract with a subdeacon, whether + she know this or not, there is no marriage; whereas the condition of slavery is no + impediment if the slavery be known. Hence the comparison fails. + </p> + <p id="XP_Q51_A2-p18"> + <b>Reply to Objection 7:</b> In contracts money is regarded as the measure of other things (Ethic. v, 5), and not as being sought for its own sake. Hence + if the coin paid is not what it is thought to be but another of equal value, this does not void the contract. But if there + be error about a thing sought for its own sake, the contract is voided, for instance if one were to sell a donkey for a horse; + and thus it is in the case in point. + </p> + <p id="XP_Q51_A2-p19"> + <b>Reply to Objection 8:</b> No matter how long they have cohabited, unless she be willing to consent again, there is no marriage. + </p> + <p id="XP_Q51_A2-p20"> + <b>Reply to Objection 9:</b> If she did not consent previously to marry his brother, she may hold to the one whom she took in error. Nor can she return + to his brother, especially if there has been carnal intercourse between her and the man she took to husband. If, however, + she had previously consented to take the first one in words of the present, she cannot have the second while the first lives. + But she may either leave the second or return to the first; and ignorance of the + fact excuses her from sin, just as she would be excused if after the consummation of the marriage a kinsman of her husband + were to know her by fraud since she is not to be blamed for the other's deceit. + </p> + <p id="XP_Q51_A2-p21"></p> + <p id="XP_Q51_A2-p22"></p> + <a href="summa.XP_Q51_A1.html"></a> + <a href="summa.XP_Q52.html"></a> + </div> + <a href="summa.XP_Q50_A1.html"></a> + <a href="summa.XP_Q51_A1.html"></a> + </div> + <div id="XP_Q52" class="div3"> + <a href="summa.XP_Q51_A2.html"></a> + <a href="summa.XP_Q52_A1.html"></a> + <h3 id="XP_Q52-p0.1">OF THE IMPEDIMENT OF THE CONDITION OF SLAVERY (FOUR ARTICLES)</h3> + <p id="XP_Q52-p1"></p> + <p id="XP_Q52-p2"> We must now consider the impediment of the condition of slavery. Under this head there are four points of inquiry:</p> + <p id="XP_Q52-p3"> (1) Whether the condition of slavery is an impediment to matrimony?</p> + <p id="XP_Q52-p4"> (2) Whether a slave can marry without his master's consent?</p> + <p id="XP_Q52-p5"> (3) Whether a man who is already married can make himself a slave without his wife's consent?</p> + <p id="XP_Q52-p6"> (4) Whether the children should follow the condition of their father or of their mother?</p> + <div id="XP_Q52_A1" class="div4"> + <a href="summa.XP_Q52.html"></a> + <a href="summa.XP_Q52_A2.html"></a> + <h4 id="XP_Q52_A1-p0.1">Whether the condition of slavery is an impediment to matrimony?</h4> + <p id="XP_Q52_A1-p1"></p> + <p id="XP_Q52_A1-p2"> + <b>Objection 1:</b> It would seem that the condition of slavery is no impediment to matrimony. For nothing is an impediment to marriage except + what is in some way opposed to it. But slavery is in no way opposed to marriage, else there could be no marriage among slaves. + Therefore slavery is no impediment to marriage. + </p> + <p id="XP_Q52_A1-p3"> + <b>Objection 2:</b> Further, that which is contrary to nature cannot be an impediment to that which is according to nature. Now slavery is contrary + to nature, for as Gregory says (Pastor. ii, 6), "it is contrary to nature for man to wish to lord it over another man"; and + this is also evident from the fact that it was said of man ( + <a class="scripRef" id="XP_Q52_A1-p3.1" href="./asv.html#Gen.1.26" target="asv">Gn. 1:26</a>) that he should "have dominion over the fishes of the sea," but not that he should have dominion over man. Therefore it + cannot be an impediment to marriage, which is a natural thing. + </p> + <p id="XP_Q52_A1-p4"> + <b>Objection 3:</b> Further, if it is an impediment, this is either of natural law or of positive law. But it is not of natural law, since according + to natural law all men are equal, as Gregory says (Pastor. ii, 6), while it is stated at the beginning of the Digests (Manumissiones, + ff. de just. et jure.) that slavery is not of natural law; and positive law springs from the natural law, as Tully says (De + Invent. ii). Therefore, according to law, slavery is not an impediment to any + marriage. + </p> + <p id="XP_Q52_A1-p5"> + <b>Objection 4:</b> Further, that which is an impediment to marriage is equally an impediment whether it be known or not, as in the case of consanguinity. + Now the slavery of one party, if it be known to the other, is no impediment to their marriage. Therefore slavery, considered + in itself, is unable to void a marriage; and consequently it should not be reckoned by itself as a distinct impediment to + marriage. + </p> + <p id="XP_Q52_A1-p6"> + <b>Objection 5:</b> Further, just as one may be in error about slavery, so as to deem a person free who is a slave, so may one be in error about + freedom, so as to deem a person a slave whereas he is free. But freedom is not accounted an impediment to matrimony. Therefore + neither should slavery be so accounted. + </p> + <p id="XP_Q52_A1-p7"> + <b>Objection 7:</b> Further, leprosy is a greater burden to the fellowship of marriage and is a greater obstacle to the good of the offspring + than slavery is. Yet leprosy is not reckoned an impediment to marriage. Therefore neither should slavery be so reckoned. + </p> + <p id="XP_Q52_A1-p8"> + <b>On the contrary,</b> A Decretal says (De conjug. servorum, cap. Ad nostram) that "error regarding the condition hinders a marriage from being + contracted and voids that which is already contracted." + </p> + <p id="XP_Q52_A1-p9"> Further, marriage is one of the goods that are sought for their own sake, because it is qualified by honesty; whereas slavery + is one of the things to be avoided for their own sake. Therefore marriage and slavery are contrary to one another; and consequently + slavery is an impediment to matrimony. + </p> + <p id="XP_Q52_A1-p10"> + <b>I answer that,</b> In the marriage contract one party is bound to the other in the matter of paying the debt; wherefore if one who thus binds + himself is unable to pay the debt, ignorance of this inability, on the side of the party to whom he binds himself, voids the + contract. Now just as impotence in respect of coition makes a person unable to pay the debt, so that he is altogether disabled, + so slavery makes him unable to pay it freely. Therefore, just as ignorance or + impotence in respect of coition is an impediment if not known but not if known, as we shall state further on ( + <a id="XP_Q52_A1-p10.1" shape="rect" href="summa.XP_Q58.html">Q[58])</a>, so the condition of slavery is an impediment if not known, but not if it be known. + </p> + <p id="XP_Q52_A1-p11"> + <b>Reply to Objection 1:</b> Slavery is contrary to marriage as regards the act to which marriage binds one party in relation to the other, because it + prevents the free execution of that act; and again as regards the good of the offspring who become subject to the same condition + by reason of the parent's slavery. Since, however, it is free to everyone to suffer detriment in that which is his due, if + one of the parties knows the other to be a slave, the marriage is none the less + valid. Likewise since in marriage there is an equal obligation on either side to pay the debt, neither party can exact of + the other a greater obligation than that under which he lies; so that if a slave marry a bondswoman, thinking her to be free, + the marriage is not thereby rendered invalid. It is therefore evident that slavery is no impediment to marriage except when + it is unknown to the other party, even though the latter be in a condition of freedom; and so nothing prevents marriage between + slaves, or even between a freeman and a bondswoman. + </p> + <p id="XP_Q52_A1-p12"> + <b>Reply to Objection 2:</b> Nothing prevents a thing being against nature as to the first intention of nature, and yet not against nature as to its second + intention. Thus, as stated in De Coelo, ii, all corruption, defect, and old age are contrary to nature, because nature intends + being and perfection, and yet they are not contrary to the second intention of nature, because nature, through being unable + to preserve being in one thing, preserves it in another which is engendered + of the other's corruption. And when nature is unable to bring a thing to a greater perfection it brings it to a lesser; thus + when it cannot produce a male it produces a female which is "a misbegotten male" (De Gener. Animal. ii, 3). I say then in + like manner that slavery is contrary to the first intention of nature. Yet it is not contrary to the second, because natural + reason has this inclination, and nature has this desire---that everyone should be good; but from the fact that a person sins, + nature has an inclination that he should be punished for his sin, and thus slavery was brought in as a punishment of sin. + Nor is it unreasonable for a natural thing to be hindered by that which is unnatural in this way; for thus is marriage hindered + by impotence of coition, which impotence is contrary to nature in the way mentioned. + </p> + <p id="XP_Q52_A1-p13"> + <b>Reply to Objection 3:</b> The natural law requires punishment to be inflicted for guilt, and that no one should be punished who is not guilty; but + the appointing of the punishment according to the circumstances of person and guilt belongs to positive law. Hence slavery + which is a definite punishment is of positive law, and arises out of natural law, as the determinate from that which is indeterminate. + And it arises from the determination of the same positive law that slavery + if unknown is an impediment to matrimony, lest one who is not guilty be punished; for it is a punishment to the wife to have + a slave for husband, and "vice versa." + </p> + <p id="XP_Q52_A1-p14"> + <b>Reply to Objection 4:</b> Certain impediments render a marriage unlawful; and since it is not our will that makes a thing lawful or unlawful, but the + law to which our will ought to be subject, it follows that the validity or invalidity of a marriage is not affected either + by ignorance (such as destroys voluntariness) of the impediment or by knowledge thereof; and such an impediment is affinity + or a vow, and others of the same kind. other impediments, however, render a marriage + ineffectual as to the payment of the debt; and since it is within the competency of our will to remit a debt that is due to + us, it follows that such impediments, if known, do not invalidate a marriage, but only when ignorance of them destroys voluntariness. + Such impediments are slavery and impotence of coition. And, because they have of themselves the nature of an impediment, they + are reckoned as special impediments besides error; whereas a change of person is not reckoned a special impediment + besides error, because the substitution of another person has not the nature of an impediment except by reason of the intention + of one of the contracting parties. + </p> + <p id="XP_Q52_A1-p15"> + <b>Reply to Objection 5:</b> Freedom does not hinder the marriage act, wherefore ignorance of freedom is no impediment to matrimony. + </p> + <p id="XP_Q52_A1-p16"> + <b>Reply to Objection 6:</b> Leprosy does not hinder marriage as to its first act, since lepers can pay the debt freely; although they lay a burden upon + marriage as to its secondary effects; wherefore it is not an impediment to marriage as slavery is. + </p> + <p id="XP_Q52_A1-p17"></p> + <p id="XP_Q52_A1-p18"></p> + <a href="summa.XP_Q52.html"></a> + <a href="summa.XP_Q52_A2.html"></a> + </div> + <div id="XP_Q52_A2" class="div4"> + <a href="summa.XP_Q52_A1.html"></a> + <a href="summa.XP_Q52_A3.html"></a> + <h4 id="XP_Q52_A2-p0.1">Whether a slave can marry without his master's consent?</h4> + <p id="XP_Q52_A2-p1"></p> + <p id="XP_Q52_A2-p2"> + <b>Objection 1:</b> It would seem that a slave cannot marry without his master's consent. For no one can give a person that which is another's + without the latter's consent. Now a slave is his master's chattel. Therefore he cannot give his wife power over his body by + marrying without his master's consent. + </p> + <p id="XP_Q52_A2-p3"> + <b>Objection 2:</b> Further, a slave is bound to obey his master. But his master may command him not to consent to marry. Therefore he cannot + marry without his consent. + </p> + <p id="XP_Q52_A2-p4"> + <b>Objection 3:</b> Further, after marriage, a slave is bound even by a precept of the Divine law to pay the debt to his wife. But at the time + that his wife asks for the debt his master may demand of him a service which he will be unable to perform if he wish to occupy + himself in carnal intercourse. Therefore if a slave can marry without his master's consent, the latter would be deprived of + a service due to him without any fault of his; and this ought not to be. + </p> + <p id="XP_Q52_A2-p5"> + <b>Objection 4:</b> Further, a master may sell his slave into a foreign country, where the latter's wife is unable to follow him, through either + bodily weakness, or imminent danger to her faith; for instance if he be sold to unbelievers, or if her master be unwilling, + supposing her to be a bondswoman; and thus the marriage will be dissolved, which is unfitting. Therefore a slave cannot marry + without his master's consent. + </p> + <p id="XP_Q52_A2-p6"> + <b>Objection 5:</b> Further, the burden under which a man binds himself to the Divine service is more advantageous than that whereby a man subjects + himself to his wife. But a slave cannot enter religion or receive orders without his master's consent. Much less therefore + can he be married without his consent. + </p> + <p id="XP_Q52_A2-p7"> + <b>On the contrary,</b> "In Christ Jesus . . . there is neither bond nor free" ( + <a class="scripRef" id="XP_Q52_A2-p7.1" href="./asv.html#Gal.3.26" target="asv">Gal. 3:26</a>, + <a class="scripRef" id="XP_Q52_A2-p7.2" href="./asv.html#Gal.3.28" target="asv">28</a>). Therefore both freeman and bondsman enjoy the same liberty to marry in the faith of Christ Jesus. + </p> + <p id="XP_Q52_A2-p8"> Further, slavery is of positive law; whereas marriage is of natural and Divine law. Since then positive law is not prejudicial + to the natural or the Divine law, it would seem that a slave can marry without his master's consent. + </p> + <p id="XP_Q52_A2-p9"> + <b>I answer that,</b> As stated above (A[1], ad 3), the positive law arises out of the natural law, and consequently slavery, which is of positive + law, cannot be prejudicious to those things that are of natural law. Now just as nature seeks the preservation of the individual, + so does it seek the preservation of the species by means of procreation; wherefore even as a slave is not so subject to his + master as not to be at liberty to eat, sleep, and do such things as pertain to the + needs of his body, and without which nature cannot be preserved, so he is not subject to him to the extent of being unable + to marry freely, even without his master's knowledge or consent. + </p> + <p id="XP_Q52_A2-p10"> + <b>Reply to Objection 1:</b> A slave is his master's chattel in matters superadded to nature, but in natural things all are equal. Wherefore, in things + pertaining to natural acts, a slave can by marrying give another person power over his body without his master's consent. + </p> + <p id="XP_Q52_A2-p11"> + <b>Reply to Objection 2:</b> A slave is bound to obey his master in those things which his master can command lawfully; and just as his master cannot + lawfully command him not to eat or sleep, so neither can he lawfully command him to refrain from marrying. For it is the concern + of the lawgiver how each one uses his own, and consequently if the master command his slave not to marry, the slave is not + bound to obey his master. + </p> + <p id="XP_Q52_A2-p12"> + <b>Reply to Objection 3:</b> If a slave has married with his master's consent, he should omit the service commanded by his master and pay the debt to + his wife; because the master, by consenting to his slave's marriage, implicitly consented to all that marriage requires. If, + however, the marriage was contracted without the master's knowledge or consent, he is not bound to pay the debt, but in preference + to obey his master, if the two things are incompatible. Nevertheless in such + matters there are many particulars to be considered, as in all human acts, namely the danger to which his wife's chastity + is exposed, and the obstacle which the payment of the debt places in the way of the service commanded, and other like considerations, + all of which being duly weighed it will be possible to judge which of the two in preference the slave is bound to obey, his + master or his wife. + </p> + <p id="XP_Q52_A2-p13"> + <b>Reply to Objection 4:</b> In such a case it is said that the master should be compelled not to sell the slave in such a way as to increase the weight + of the marriage burden, especially since he is able to obtain anywhere a just price for his slave. + </p> + <p id="XP_Q52_A2-p14"> + <b>Reply to Objection 5:</b> By entering religion or receiving orders a man is bound to the Divine service for all time; whereas a husband is bound to + pay the debt to his wife not always, but at a fitting time; hence the comparison fails. Moreover, he who enters religion or + receives orders binds himself to works that are superadded to natural works, and in which his master has power over him, but + not in natural works to which a man binds himself by marriage. Hence he cannot vow + continence without his master's consent. + </p> + <p id="XP_Q52_A2-p15"></p> + <p id="XP_Q52_A2-p16"></p> + <a href="summa.XP_Q52_A1.html"></a> + <a href="summa.XP_Q52_A3.html"></a> + </div> + <div id="XP_Q52_A3" class="div4"> + <a href="summa.XP_Q52_A2.html"></a> + <a href="summa.XP_Q52_A4.html"></a> + <h4 id="XP_Q52_A3-p0.1">Whether slavery can supervene to marriage?</h4> + <p id="XP_Q52_A3-p1"></p> + <p id="XP_Q52_A3-p2"> + <b>Objection 1:</b> It would seem that slavery cannot supervene to marriage, by the husband selling himself to another as slave. Because what + is done by fraud and to another's detriment should not hold. But a husband who sells himself for a slave, does so sometimes + to cheat marriage, and at least to the detriment of his wife. Therefore such a sale should not hold as to the effect of slavery. + </p> + <p id="XP_Q52_A3-p3"> + <b>Objection 2:</b> Further, two favorable things outweigh one that is not favorable. Now marriage and freedom are favorable things and are contrary + to slavery, which in law is not a favorable thing. Therefore such a slavery ought to be entirely annulled in marriage. + </p> + <p id="XP_Q52_A3-p4"> + <b>Objection 3:</b> Further, in marriage husband and wife are on a par with one another. Now the wife cannot surrender herself to be a slave + without her husband's consent. Therefore neither can the husband without his wife's consent. + </p> + <p id="XP_Q52_A3-p5"> + <b>Objection 4:</b> Further, in natural things that which hinders a thing being generated destroys it after it has been generated. Now bondage + of the husband, if unknown to the wife, is an impediment to the act of marriage before it is performed. Therefore if it could + supervene to marriage it would dissolve it; which is unreasonable. + </p> + <p id="XP_Q52_A3-p6"> + <b>On the contrary,</b> Everyone can give another that which is his own. Now the husband is his own master since he is free. Therefore he can surrender + his right to another. + </p> + <p id="XP_Q52_A3-p7"> Further, a slave can marry without his master's consent, as stated above + <a id="XP_Q52_A3-p7.1" shape="rect" href="summa.XP_Q52_A2.html">(A[2])</a>. Therefore a husband can in like manner subject himself to a master, without his wife's consent. + </p> + <p id="XP_Q52_A3-p8"> + <b>I answer that,</b> A husband is subject to his wife in those things which pertain to the act of nature; in these things they are equal, and + the subjection of slavery does not extend thereto. Wherefore the husband, without his wife's knowledge, can surrender himself + to be another's slave. Nor does this result in a dissolution of the marriage, since no impediment supervening to marriage + can dissolve it, as stated above ( + <a id="XP_Q52_A3-p8.1" shape="rect" href="summa.XP_Q50_A1.html">Q[50], A[1]</a>, ad 7). + </p> + <p id="XP_Q52_A3-p9"> + <b>Reply to Objection 1:</b> The fraud can indeed hurt the person who has acted fraudulently, but it cannot be prejudicial to another person: wherefore + if the husband, to cheat his wife, surrender himself to be another's slave, It will be to his own prejudice, through his losing + the inestimable good of freedom; whereas this can nowise be prejudicial to the wife, and he is bound to pay her the debt when + she asks, and to do all that marriage requires of him for he cannot be taken + away from these obligations by his master's command. + </p> + <p id="XP_Q52_A3-p10"> + <b>Reply to Objection 2:</b> In so far as slavery is opposed to marriage, marriage is prejudicial to slavery, since the slave is bound then to pay the + debt to his wife, though his master be unwilling. + </p> + <p id="XP_Q52_A3-p11"> + <b>Reply to Objection 3:</b> Although husband and wife are considered to be on a par in the marriage act and in things relating to nature, to which the + condition of slavery does not extend, nevertheless as regards the management of the household, and other such additional matters + the husband is the head of the wife and should correct her, and not "vice versa." Hence the wife cannot surrender herself + to be a slave without her husband's consent. + </p> + <p id="XP_Q52_A3-p12"> + <b>Reply to Objection 4:</b> This argument considers corruptible things; and yet even in these there are many obstacles to generation that are not capable + of destroying what is already generated. But in things which have stability it is possible to have an impediment which prevents + a certain thing from beginning to be, yet does not cause it to cease to be; as instanced by the rational soul. It is the same + with marriage, which is a lasting tie so long as this life lasts. + </p> + <p id="XP_Q52_A3-p13"></p> + <p id="XP_Q52_A3-p14"></p> + <a href="summa.XP_Q52_A2.html"></a> + <a href="summa.XP_Q52_A4.html"></a> + </div> + <div id="XP_Q52_A4" class="div4"> + <a href="summa.XP_Q52_A3.html"></a> + <a href="summa.XP_Q53.html"></a> + <h4 id="XP_Q52_A4-p0.1">Whether children should follow the condition of their father?</h4> + <p id="XP_Q52_A4-p1"></p> + <p id="XP_Q52_A4-p2"> + <b>Objection 1:</b> It would seem that children should follow the condition of their father. Because dominion belongs to those of higher rank. + Now in generating the father ranks above the mother. Therefore, etc. + </p> + <p id="XP_Q52_A4-p3"> + <b>Objection 2:</b> Further, the being of a thing depends on the form more than on the matter. Now in generation the father gives the form, and + the mother the matter (De Gener. Animal. ii, 4). Therefore the child should follow the condition of the father rather than + of the mother. + </p> + <p id="XP_Q52_A4-p4"> + <b>Objection 3:</b> Further, a thing should follow that chiefly to which it is most like. Now the son is more like the father than the mother, + even as the daughter is more like the mother. Therefore at least the son should follow the father in preference, and the daughter + the mother. + </p> + <p id="XP_Q52_A4-p5"> + <b>Objection 4:</b> Further, in Holy Writ genealogies are not traced through the women but through the men. Therefore the children follow the + father rather than the mother. + </p> + <p id="XP_Q52_A4-p6"> + <b>On the contrary,</b> If a man sows on another's land, the produce belongs to the owner of the land. Now the woman's womb in relation to the seed + of man is like the land in relation to the sower. Therefore, etc. + </p> + <p id="XP_Q52_A4-p7"> Further, we observe that in animals born from different species the offspring follows the mother rather that the father, + wherefore mules born of a mare and an ass are more like mares than those born of a she-ass and a horse. Therefore it should + be the same with men. + </p> + <p id="XP_Q52_A4-p8"> + <b>I answer that,</b> According to civil law (XIX, ff. De statu hom. vii, cap. De rei vendit.) the offspring follows the womb: and this is reasonable + since the offspring derives its formal complement from the father, but the substance of the body from the mother. Now slavery + is a condition of the body, since a slave is to the master a kind of instrument in working; wherefore children follow the + mother in freedom and bondage; whereas in matters pertaining to dignity as proceeding + from a thing's form, they follow the father, for instance in honors, franchise, inheritance and so forth. The canons are in + agreement with this (cap. Liberi, 32, qu. iv, in gloss.: cap. Inducens, De natis ex libero ventre) as also the law of Moses + ( + <a class="scripRef" id="XP_Q52_A4-p8.1" href="./asv.html#Exod.21" target="asv">Ex. 21</a>). + </p> + <p id="XP_Q52_A4-p9"> In some countries, however, where the civil law does not hold, the offspring follows the inferior condition, so that if the + father be a slave the children will be slaves although the mother be free; but not if the father gave himself up as a slave + after his marriage and without his wife's consent; and the same applies if the case be reversed. And if both be of servile + condition and belong to different masters, the children, if several, are divided among the latter, or if one + only, the one master will compensate the other in value and will take the child thus born for his slave. However it is incredible + that this custom have as much reason in its favor as the decision of the time-honored deliberations of many wise men. Moreover + in natural things it is the rule that what is received is in the recipient according to the mode of the recipient and not + according to the mode of the giver; wherefore it is reasonable that the seed received by the mother should be drawn to + her condition. + </p> + <p id="XP_Q52_A4-p10"> + <b>Reply to Objection 1:</b> Although the father is a more noble principle than the mother, nevertheless the mother provides the substance of the body, + and it is to this that the condition of slavery attaches. + </p> + <p id="XP_Q52_A4-p11"> + <b>Reply to Objection 2:</b> As regards things pertaining to the specific nature the son is like the father rather than the mother, but in material conditions + should be like the mother rather than the father, since a thing has its specific being from its form, but material conditions + from matter. + </p> + <p id="XP_Q52_A4-p12"> + <b>Reply to Objection 3:</b> The son is like the father in respect of the form which is his, and also the father's, complement. Hence the argument is + not to the point. + </p> + <p id="XP_Q52_A4-p13"> + <b>Reply to Objection 4:</b> It is because the son derives honor from his father rather than from his mother that in the genealogies of Scripture, and + according to common custom, children are named after their father rather than from their mother. But in matters relating to + slavery they follow the mother by preference. + </p> + <p id="XP_Q52_A4-p14"></p> + <p id="XP_Q52_A4-p15"></p> + <a href="summa.XP_Q52_A3.html"></a> + <a href="summa.XP_Q53.html"></a> + </div> + <a href="summa.XP_Q51_A2.html"></a> + <a href="summa.XP_Q52_A1.html"></a> + </div> + <div id="XP_Q53" class="div3"> + <a href="summa.XP_Q52_A4.html"></a> + <a href="summa.XP_Q53_A1.html"></a> + <h3 id="XP_Q53-p0.1">OF THE IMPEDIMENT OF VOWS AND ORDERS (FOUR ARTICLES)</h3> + <p id="XP_Q53-p1"></p> + <p id="XP_Q53-p2"> We must now consider the impediment of vows and orders. Under this head there are four points of inquiry:</p> + <p id="XP_Q53-p3"> (1) Whether a simple vow is a diriment impediment to matrimony?</p> + <p id="XP_Q53-p4"> (2) Whether a solemn vow is a diriment impediment?</p> + <p id="XP_Q53-p5"> (3) Whether order is an impediment to matrimony?</p> + <p id="XP_Q53-p6"> (4) Whether a man can receive a sacred order after being married?</p> + <div id="XP_Q53_A1" class="div4"> + <a href="summa.XP_Q53.html"></a> + <a href="summa.XP_Q53_A2.html"></a> + <h4 id="XP_Q53_A1-p0.1">Whether marriage already contracted should be annulled by the obligation of a simple vow?</h4> + <p id="XP_Q53_A1-p1"></p> + <p id="XP_Q53_A1-p2"> + <b>Objection 1:</b> It would seem that a marriage already contracted ought to be annulled by the obligation of a simple vow. For the stronger + tie takes precedence of the weaker. Now a vow is a stronger tie than marriage, since the latter binds man to man, but the + former binds man to God. Therefore the obligation of a vow takes precedence of the marriage tie. + </p> + <p id="XP_Q53_A1-p3"> + <b>Objection 2:</b> Further, God's commandment is no less binding than the commandment of the Church. Now the commandment of the Church is so + binding that a marriage is void if contracted in despite thereof; as instanced in the case of those who marry within the degrees + of kindred forbidden by the Church. Therefore, since it is a Divine commandment to keep a vow, it would seem that if a person + marry in despite of a vow his marriage should be annulled for that reason. + </p> + <p id="XP_Q53_A1-p4"> + <b>Objection 3:</b> Further, in marriage a man may have carnal intercourse without sin. Yet he who has taken a simple vow of chastity can never + have carnal intercourse with his wife without sin. Therefore a simple vow annuls marriage. The minor is proved as follows. + It is clear that it is a mortal sin to marry after taking a simple vow of continence, since according to Jerome [*Cf. St. + Augustine, De Bono Viduit, ix] "for those who vow virginity it is damnable not only to marry, + but even to wish to marry." Now the marriage contract is not contrary to the vow of continence, except by reason of carnal + intercourse: and therefore he sins mortally the first time he has intercourse with his wife, and for the same reason every + other time, because a sin committed in the first instance cannot be an excuse for a subsequent sin. + </p> + <p id="XP_Q53_A1-p5"> + <b>Objection 4:</b> Further, husband and wife should be equal in marriage, especially as regards carnal intercourse. But he who has taken a simple + vow of continence can never ask for the debt without a sin, for this is clearly against his vow of continence, since he is + bound to continence by vow. Therefore neither can he pay the debt without sin. + </p> + <p id="XP_Q53_A1-p6"> + <b>On the contrary,</b> Pope Clement [*Alexander III] says (cap. Consuluit, De his qui cler. vel vovent.) that a "simple vow is an impediment to + the contract of marriage, but does not annul it after it is contracted." + </p> + <p id="XP_Q53_A1-p7"> + <b>I answer that,</b> A thing ceases to be in one man's power from the fact that it passes into the power of another. Now the promise of a thing + does not transfer it into the power of the person to whom it is promised, wherefore a thing does not cease to be in a person's + power for the reason that he has promised it. Since then a simple vow contains merely a simple promise of one's body to the + effect of keeping continence for God's sake, a man still retains power over his own body + after a simple vow, and consequently can surrender it to another, namely his wife; and in this surrender consists the sacrament + of matrimony, which is indissoluble. Therefore although a simple vow is an impediment to the contracting of a marriage, since + it is a sin to marry after taking a simple vow of continence, yet since the contract is valid, the marriage cannot be annulled + on that account. + </p> + <p id="XP_Q53_A1-p8"> + <b>Reply to Objection 1:</b> A vow is a stronger tie than matrimony, as regards that to which man is tied, and the obligation under which he lies. because + by marriage a man is tied to his wife, with the obligation of paying the debt, whereas by a vow a man is tied to God, with + the obligation of remaining continent. But as to the manner in which he is tied marriage is a stronger tie than a simple vow, + since by marriage a man surrenders himself actually to the power of his wife, + but not by a simple vow as explained above: and the possessor is always in the stronger position. In this respect a simple + vow binds in the same way as a betrothal; wherefore a betrothal must be annulled on account of a simple vow. + </p> + <p id="XP_Q53_A1-p9"> + <b>Reply to Objection 2:</b> The contracting of a marriage between blood relations is annulled by the commandment forbidding such marriages, not precisely + because it is a commandment of God or of the Church, but because it makes it impossible for the body of a kinswoman to be + transferred into the power of her kinsman: whereas the commandment forbidding marriage after a simple vow has not this effect, + as already stated. Hence the argument is void for it assigns as a cause that + which is not cause. + </p> + <p id="XP_Q53_A1-p10"> + <b>Reply to Objection 3:</b> If after taking a simple vow a man contract marriage by words of the present, he cannot know his wife without mortal sin, + because until the marriage is consummated he is still in a position to fulfill the vow of continence. But after the marriage + has been consummated, thenceforth through his fault it is unlawful for him not to pay the debt when his wife asks: wherefore + this is not covered by his obligation to his vow, as explained above (ad 1). + Nevertheless he should atone for not keeping continence, by his tears of repentance. + </p> + <p id="XP_Q53_A1-p11"> + <b>Reply to Objection 4:</b> After contracting marriage he is still bound to keep his vow of continence in those matters wherein he is not rendered unable + to do so. Hence if his wife die he is bound to continence altogether. And since the marriage tie does not bind him to ask + for the debt, he cannot ask for it without sin, although he can pay the debt without sin on being asked, when once he has + incurred this obligation through the carnal intercourse that has already occurred. + And this holds whether the wife ask expressly or interpretively, as when she is ashamed and her husband feels that she desires + him to pay the debt, for then he may pay it without sin. This is especially the case if he fears to endanger her chastity: + nor does it matter that they are equal in the marriage act, since everyone may renounce what is his own. Some say, however, + that he may both ask and pay lest the marriage become too burdensome to the wife who has always to ask; but if this be looked + into aright, it is the same as asking interpretively. + </p> + <p id="XP_Q53_A1-p12"></p> + <p id="XP_Q53_A1-p13"></p> + <a href="summa.XP_Q53.html"></a> + <a href="summa.XP_Q53_A2.html"></a> + </div> + <div id="XP_Q53_A2" class="div4"> + <a href="summa.XP_Q53_A1.html"></a> + <a href="summa.XP_Q53_A3.html"></a> + <h4 id="XP_Q53_A2-p0.1">Whether a solemn vow dissolves a marriage already contracted?</h4> + <p id="XP_Q53_A2-p1"></p> + <p id="XP_Q53_A2-p2"> + <b>Objection 1:</b> It would seem that not even a solemn vow dissolves a marriage already contracted. For according to a Decretal (cap. Rursus, + De his qui cler. vel vovent.) "in God's sight a simple vow is no less binding than a solemn one." Now marriage stands or falls + by virtue of the Divine acceptance. Therefore since a simple vow does not dissolve marriage, neither will a solemn vow dissolve + it. + </p> + <p id="XP_Q53_A2-p3"> + <b>Objection 2:</b> Further, a solemn vow does not add the same force to a simple vow as an oath does. Now a simple vow, even though an oath + be added thereto, does not dissolve a marriage already contracted. Neither therefore does a solemn vow. + </p> + <p id="XP_Q53_A2-p4"> + <b>Objection 3:</b> Further, a solemn vow has nothing that a simple vow cannot have. For a simple vow may give rise to scandal since it may be + public, even as a solemn vow. Again the Church could and should ordain that a simple vow dissolves a marriage already contracted, + so that many sins may be avoided. Therefore for the same reason that a simple vow does not dissolve a marriage already contracted, + neither should a solemn vow dissolve it. + </p> + <p id="XP_Q53_A2-p5"> + <b>On the contrary,</b> He who takes a solemn vow contracts a spiritual marriage with God, which is much more excellent than a material marriage. + Now a material marriage already contracted annuls a marriage contracted afterwards. Therefore a solemn vow does also. + </p> + <p id="XP_Q53_A2-p6"> Further, the same conclusion may be proved by many authorities quoted in the text (Sent. iv, D, 28).</p> + <p id="XP_Q53_A2-p7"> + <b>I answer that,</b> All agree that as a solemn vow is an impediment to the contracting of marriage, so it invalidates the contract. Some assign + scandal as the reason. But this is futile, because even a simple vow sometimes leads to scandal since it is at times somewhat + public. Moreover the indissolubility of marriage belongs to the truth of life [*Cf. + <a id="XP_Q53_A2-p7.1" shape="rect" href="summa.FP_Q16_A4.html">FP, Q[16], A[4]</a>, ad 3; + <a id="XP_Q53_A2-p7.2" shape="rect" href="summa.FP_Q21_A2.html">FP, Q[21], A[2]</a>, ad 2; + <a id="XP_Q53_A2-p7.3" shape="rect" href="summa.SS_Q109_A3.html">SS, + Q[109], A[3] + </a>, ad 3], which truth is not to be set aside on account of scandal. Wherefore others say that it is on account of the ordinance + of the Church. But this again is insufficient, since in that case the Church might decide the contrary, which is seemingly + untrue. Wherefore we must say with others that a solemn vow of its very nature dissolves the marriage contract, inasmuch namely + as thereby a man has lost the power over his own body, through surrendering it to God for the purpose of + perpetual continence. Wherefore he is unable to surrender it to the power of a wife by contracting marriage. And since the + marriage that follows such a vow is void, a vow of this kind is said to annul the marriage contracted. + </p> + <p id="XP_Q53_A2-p8"> + <b>Reply to Objection 1:</b> A simple vow is said to be no less binding in God's sight than a solemn vow, in matters pertaining to God, for instance the + separation from God by mortal sin, because he who breaks a simple vow commits a mortal sin just as one who breaks a solemn + vow, although it is more grievous to break a solemn vow, so that the comparison be understood as to the genus and not as to + the definite degree of guilt. But as regards marriage, whereby one man is under an + obligation to another, there is no need for it to be of equal obligation even in general, since a solemn vow binds to certain + things to which a simple vow does not bind. + </p> + <p id="XP_Q53_A2-p9"> + <b>Reply to Objection 2:</b> An oath is more binding than a vow on the part of the cause of the obligation: but a solemn vow is more binding as to the + manner in which it binds, in so far as it is an actual surrender of that which is promised; while an oath does not do this + actually. Hence the conclusion does not follow. + </p> + <p id="XP_Q53_A2-p10"> + <b>Reply to Objection 3:</b> A solemn vow implies the actual surrender of one's body, whereas a simple vow does not, as stated above + <a id="XP_Q53_A2-p10.1" shape="rect" href="summa.XP_Q53_A1.html">(A[1])</a>. Hence the argument does not suffice to prove the conclusion. + </p> + <p id="XP_Q53_A2-p11"></p> + <p id="XP_Q53_A2-p12"></p> + <a href="summa.XP_Q53_A1.html"></a> + <a href="summa.XP_Q53_A3.html"></a> + </div> + <div id="XP_Q53_A3" class="div4"> + <a href="summa.XP_Q53_A2.html"></a> + <a href="summa.XP_Q53_A4.html"></a> + <h4 id="XP_Q53_A3-p0.1">Whether order is an impediment to matrimony?</h4> + <p id="XP_Q53_A3-p1"></p> + <p id="XP_Q53_A3-p2"> + <b>Objection 1:</b> It would seem that order is not an impediment to matrimony. For nothing is an impediment to a thing except its contrary. + But order is not contrary to matrimony. Therefore it is not an impediment thereto. + </p> + <p id="XP_Q53_A3-p3"> + <b>Objection 2:</b> Further, orders are the same with us as with the Eastern Church. But they are not an impediment to matrimony in the Eastern + Church. Therefore, etc. + </p> + <p id="XP_Q53_A3-p4"> + <b>Objection 3:</b> Further, matrimony signifies the union of Christ with the Church. Now this is most fittingly signified in those who are Christ's + ministers, those namely who are ordained. Therefore order is not an impediment to matrimony. + </p> + <p id="XP_Q53_A3-p5"> + <b>Objection 4:</b> Further, all the orders are directed to spiritual things. Now order cannot be an impediment to matrimony except by reason + of its spirituality. Therefore if order is an impediment to matrimony, every order will be an impediment, and this is untrue. + </p> + <p id="XP_Q53_A3-p6"> + <b>Objection 5:</b> Further, every ordained person can have ecclesiastical benefices, and can enjoy equally the privilege of clergy. If, therefore, + orders are an impediment to marriage, because married persons cannot have an ecclesiastical benefice, nor enjoy the privilege + of clergy, as jurists assert (cap. Joannes et seqq., De cler. conjug.), then every order ought to be an impediment. Yet this + is false, as shown by the Decretal of Alexander III (De cler. conjug., cap. Si Quis): + and consequently it would seem that no order is an impediment to marriage. + </p> + <p id="XP_Q53_A3-p7"> + <b>On the contrary,</b> the Decretal says (De cler. conjug., cap. Si Quis): "any person whom you shall find to have taken a wife after receiving + the subdiaconate or the higher orders, you shall compel to put his wife away." But this would not be so if the marriage were + valid. + </p> + <p id="XP_Q53_A3-p8"> Further, no person who has vowed continence can contract marriage. Now some orders have a vow of continence connected with + them, as appears from the text (Sent. iv, D, 37). Therefore in that case order is an impediment to matrimony. + </p> + <p id="XP_Q53_A3-p9"> + <b>I answer that,</b> By a certain fittingness the very nature of holy order requires that it should be an impediment to marriage: because those + who are in holy orders handle the sacred vessels and the sacraments: wherefore it is becoming that they keep their bodies + clean by continence [*Cf. + <a class="scripRef" id="XP_Q53_A3-p9.1" href="./asv.html#Isa.52.11" target="asv"> Is. 52:11</a>]. But it is owing to the Church's ordinance that it is actually an impediment to marriage. However it is not the same with + the Latins as with the Greeks; since + with the Greeks it is an impediment to the contracting of marriage, solely by virtue of order; whereas with the Latins it + is an impediment by virtue of order, and besides by virtue of the vow of continence which is annexed to the sacred orders; + for although this vow is not expressed in words, nevertheless a person is understood to have taken it by the very fact of + his being ordained. Hence among the Greeks and other Eastern peoples a sacred order is an impediment to the contracting of + matrimony + but it does not forbid the use of marriage already contracted: for they can use marriage contracted previously, although they + cannot be married again. But in the Western Church it is an impediment both to marriage and to the use of marriage, unless + perhaps the husband should receive a sacred order without the knowledge or consent of his wife, because this cannot be prejudicial + to her. + </p> + <p id="XP_Q53_A3-p10"> Of the distinction between sacred and non-sacred orders now and in the early Church we have spoken above ( + <a id="XP_Q53_A3-p10.1" shape="rect" href="summa.XP_Q37_A3.html">Q[37], A[3]</a>). + </p> + <p id="XP_Q53_A3-p11"> + <b>Reply to Objection 1:</b> Although a sacred order is not contrary to matrimony as a sacrament, it has a certain incompatibility with marriage in respect + of the latter's act which is an obstacle to spiritual acts. + </p> + <p id="XP_Q53_A3-p12"> + <b>Reply to Objection 2:</b> The objection is based on a false statement: since order is everywhere an impediment to the contracting of marriage, although + it has not everywhere a vow annexed to it. + </p> + <p id="XP_Q53_A3-p13"> + <b>Reply to Objection 3:</b> Those who are in sacred orders signify Christ by more sublime actions, as appears from what has been said in the treatise + on orders ( + <a id="XP_Q53_A3-p13.1" shape="rect" href="summa.XP_Q37_A2.html">Q[37], AA[2]</a>,4), than those who are married. Consequently the conclusion does not follow. + </p> + <p id="XP_Q53_A3-p14"> + <b>Reply to Objection 4:</b> Those who are in minor orders are not forbidden to marry by virtue of their order; for although those orders are entrusted + with certain spiritualities, they are not admitted to the immediate handling of sacred things, as those are who are in sacred + orders. But according to the laws of the Western Church, the use of marriage is an impediment to the exercise of a non-sacred + order, for the sake of maintaining a greater honesty in the offices of the + Church. And since the holding of an ecclesiastical benefice binds a man to the exercise of his order, and since for this very + reason he enjoys the privilege of clergy, it follows that in the Latin Church this privilege is forfeit to a married cleric. + </p> + <p id="XP_Q53_A3-p15"> This suffices for the Reply to the last Objection.</p> + <p id="XP_Q53_A3-p16"></p> + <p id="XP_Q53_A3-p17"></p> + <a href="summa.XP_Q53_A2.html"></a> + <a href="summa.XP_Q53_A4.html"></a> + </div> + <div id="XP_Q53_A4" class="div4"> + <a href="summa.XP_Q53_A3.html"></a> + <a href="summa.XP_Q54.html"></a> + <h4 id="XP_Q53_A4-p0.1">Whether a sacred order cannot supervene to matrimony?</h4> + <p id="XP_Q53_A4-p1"></p> + <p id="XP_Q53_A4-p2"> + <b>Objection 1:</b> It would seem that a sacred order cannot supervene to matrimony. For the stronger prejudices the weaker. Now a spiritual + obligation is stronger than a bodily tie. Therefore if a married man be ordained, this will prejudice the wife, so that she + will be unable to demand the debt, since order is a spiritual, and marriage a bodily bond. Hence it would seem that a man + cannot receive a sacred order after consummating marriage. + </p> + <p id="XP_Q53_A4-p3"> + <b>Objection 2:</b> Further, after consummating the marriage, one of the parties cannot vow continence without the other's consent [*Cf. + <a id="XP_Q53_A4-p3.1" shape="rect" href="summa.XP_Q61_A1.html"> Q[61], A[1]</a>]. Now a sacred order has a vow of continence annexed to it. Therefore if the husband be ordained without his wife's consent, + she will be bound to remain continent against her will, since she cannot marry another man during her husband's lifetime. + </p> + <p id="XP_Q53_A4-p4"> + <b>Objection 3:</b> Further, a husband may not even for a time devote himself to prayer without his wife's consent ( + <a class="scripRef" id="XP_Q53_A4-p4.1" href="./asv.html#iCor.7.5" target="asv">1 Cor. 7:5</a>). But in the Eastern Church those who are in sacred orders are bound to continence for the time when they exercise their + office. Therefore neither may they be ordained without their wife's consent, and much less may the Latins. + </p> + <p id="XP_Q53_A4-p5"> + <b>Objection 4:</b> Further, husband and wife are on a par with one another. Now a Greek priest cannot marry again after his wife's death. Therefore + neither can his wife after her husband's death. But she cannot be deprived by her husband's act of the right to marry after + his death. Therefore her husband cannot receive orders after marriage. + </p> + <p id="XP_Q53_A4-p6"> + <b>Objection 5:</b> Further, order is as much opposed to marriage as marriage to order. Now a previous order is an impediment to a subsequent + marriage. Therefore, etc. + </p> + <p id="XP_Q53_A4-p7"> + <b>On the contrary,</b> Religious are bound to continence like those who are in sacred orders. But a man may enter religion after marriage, if his + wife die, or if she consent. Therefore he can also receive orders. + </p> + <p id="XP_Q53_A4-p8"> Further, a man may become a man's bondsman after marriage. Therefore he can become a bondsman of God by receiving orders.</p> + <p id="XP_Q53_A4-p9"> + <b>I answer that,</b> Marriage is not an impediment to the receiving of sacred orders, since if a married man receive sacred orders, even though + his wife be unwilling, he receives the character of order: but he lacks the exercise of his order. If, however, his wife consent, + or if she be dead, he receives both the order and the exercise. + </p> + <p id="XP_Q53_A4-p10"> + <b>Reply to Objection 1:</b> The bond of orders dissolves the bond of marriage as regards the payment of the debt, in respect of which it is incompatible + with marriage, on the part of the person ordained, since he cannot demand the debt, nor is the wife bound to pay it. But it + does not dissolve the bond in respect of the other party, since the husband is bound to pay the debt to the wife if he cannot + persuade her to observe continence. + </p> + <p id="XP_Q53_A4-p11"> + <b>Reply to Objection 2:</b> If the husband receive sacred orders with the knowledge and consent of his wife, she is bound to vow perpetual continence, + but she is not bound to enter religion, if she has no fear of her chastity being endangered through her husband having taken + a solemn vow: it would have been different, however, if he had taken a simple vow. On the other hand, if he be ordained without + her consent, she is not bound in this way, because the result is not + prejudicial to her in any way. + </p> + <p id="XP_Q53_A4-p12"> + <b>Reply to Objection 3:</b> It would seem more probable, although some say the contrary, that even a Greek ought not to receive sacred orders without + his wife's consent, since at least at the time of his ministry she would be deprived of the payment of the debt, of which + she cannot be deprived according to law if the husband should have been ordained without her consent or knowledge. + </p> + <p id="XP_Q53_A4-p13"> + <b>Reply to Objection 4:</b> As stated, among the Greeks the wife, by the very fact of consenting to her husband's receiving a sacred order, binds herself + never to marry another man, because the signification of marriage would not be safeguarded, and this is especially required + in the marriage of a priest. If, however, he be ordained without her consent, seemingly she would not be under that obligation. + </p> + <p id="XP_Q53_A4-p14"> + <b>Reply to Objection 5:</b> Marriage has for its cause our consent: not so order, which has a sacramental cause appointed by God. Hence matrimony may + be impeded by a previous order; so as not to be true marriage: whereas order cannot be impeded by marriage, so as not to be + true order, because the power of the sacraments is unchangeable, whereas human acts can be impeded. + </p> + <p id="XP_Q53_A4-p15"></p> + <p id="XP_Q53_A4-p16"></p> + <a href="summa.XP_Q53_A3.html"></a> + <a href="summa.XP_Q54.html"></a> + </div> + <a href="summa.XP_Q52_A4.html"></a> + <a href="summa.XP_Q53_A1.html"></a> + </div> + <div id="XP_Q54" class="div3"> + <a href="summa.XP_Q53_A4.html"></a> + <a href="summa.XP_Q54_A1.html"></a> + <h3 id="XP_Q54-p0.1">OF THE IMPEDIMENT OF CONSANGUINITY (FOUR ARTICLES)</h3> + <p id="XP_Q54-p1"></p> + <p id="XP_Q54-p2"> We must next consider the impediment of consanguinity. Under this head there are four points of inquiry:</p> + <p id="XP_Q54-p3"> (1) Whether consanguinity is rightly defined by some?</p> + <p id="XP_Q54-p4"> (2) Whether it is fittingly distinguished by degrees and lines?</p> + <p id="XP_Q54-p5"> (3) Whether certain degrees are by natural law an impediment to marriage?</p> + <p id="XP_Q54-p6"> (4) Whether the impediment degrees can be fixed by the ordinance of the Church?</p> + <div id="XP_Q54_A1" class="div4"> + <a href="summa.XP_Q54.html"></a> + <a href="summa.XP_Q54_A2.html"></a> + <h4 id="XP_Q54_A1-p0.1">Whether consanguinity is rightly defined?</h4> + <p id="XP_Q54_A1-p1"></p> + <p id="XP_Q54_A1-p2"> + <b>Objection 1:</b> It would seem that consanguinity is unsuitably defined by some as follows: "Consanguinity is the tie contracted between persons + descending from the same common ancestor by carnal procreation." For all men descend from the same common ancestor, namely + Adam, by carnal procreation. Therefore if the above definition of consanguinity is right, all men would be related by consanguinity: + which is false. + </p> + <p id="XP_Q54_A1-p3"> + <b>Objection 2:</b> Further, a tie is only between things in accord with one another, since a tie unites. Now there is not greater accordance + between persons descended from a common ancestor than there is between other men, since they accord in species but differ + in number, just as other men do. Therefore consanguinity is not a tie. + </p> + <p id="XP_Q54_A1-p4"> + <b>Objection 3:</b> Further, carnal procreation, according to the Philosopher (De Gener. Anim. ii, 19), is effected from the surplus food [*Cf. + + <a id="XP_Q54_A1-p4.1" shape="rect" href="summa.FP_Q119_A2.html">FP, Q[119], A[2]</a>]. Now this surplus has more in common with that which is eaten, since it agrees with it in substance, than with him who eats. + Since then no tie of consanguinity arises between the person born of semen and that which he eats, neither will there be any + tie of kindred between him and the person of + whom he is born by carnal procreation. + </p> + <p id="XP_Q54_A1-p5"> + <b>Objection 4:</b> Further, Laban said to Jacob ( + <a class="scripRef" id="XP_Q54_A1-p5.1" href="./asv.html#Gen.29.14" target="asv">Gn. 29:14</a>): "Thou art my bone and my flesh," on account of the relationship between them. Therefore such a kinship should be called + flesh-relationship rather than blood-relationship [consanguinitas]. + </p> + <p id="XP_Q54_A1-p6"> + <b>Objection 5:</b> Further, carnal procreation is common to men and animals. But no tie of consanguinity is contracted among animals from carnal + procreation. Therefore neither is there among men. + </p> + <p id="XP_Q54_A1-p7"> + <b>I answer that,</b> According to the Philosopher (Ethic. iii, 11, 12) "all friendship is based on some kind of fellowship." And since friendship + is a knot or union, it follows that the fellowship which is the cause of friendship is called "a tie." Wherefore in respect + of any kind of a fellowship certain persons are denominated as though they were tied together: thus we speak of fellow-citizens + who are connected by a common political life, of fellow-soldiers who are connected by + the common business of soldiering, and in the same way those who are connected by the fellowship of nature are said to be + tied by blood [consanguinei]. Hence in the above definition "tie" is included as being the genus of consanguinity; the "persons + descending from the same common ancestor," who are thus tied together are the subject of this tie. while "carnal procreation" + is mentioned as being its origin. + </p> + <p id="XP_Q54_A1-p8"> + <b>Reply to Objection 1:</b> An active force is not received into an instrument in the same degree of perfection as it has in the principal agent. And + since every moved mover is an instrument, it follows that the power of the first mover in a particular genus when drawn out + through many mediate movers fails at length, and reaches something that is moved and not a mover. But the power of a begetter + moves not only as to that which belongs to the species, but also as to that which + belongs to the individual, by reason of which the child is like the parent even in accidentals and not only in the specific + nature. And yet this individual power of the father is not so perfect in the son as it was in the father, and still less so + in the grandson, and thus it goes on failing: so that at length it ceases and can go no further. Since then consanguinity + results from this power being communicated to many through being conveyed to them from one person by procreation, it destroys + itself by little and little, as Isidore says (Etym. ix). Consequently in defining consanguinity we must not take a remote + common ancestor but the nearest, whose power still remains in those who are descended from him. + </p> + <p id="XP_Q54_A1-p9"> + <b>Reply to Objection 2:</b> It is clear from what has been said that blood relations agree not only in the specific nature but also in that power peculiar + to the individual which is conveyed from one to many: the result being that sometimes the child is not only like his father, + but also his grandfather or his remote ancestors (De Gener. Anim. iv, 3). + </p> + <p id="XP_Q54_A1-p10"> + <b>Reply to Objection 3:</b> Likeness depends more on form whereby a thing is actually, than on matter whereby a thing is potentially: for instance, charcoal + has more in common with fire than with the tree from which the wood was cut. In like manner food already transformed by the + nutritive power into the substance of the person fed has more in common with the subject nourished than with that from which + the nourishment was taken. The argument however would hold according to the + opinion of those who asserted that the whole nature of a thing is from its matter and that all forms are accidents: which + is false. + </p> + <p id="XP_Q54_A1-p11"> + <b>Reply to Objection 4:</b> It is the blood that is proximately changed into the semen, as proved in De Gener. Anim. i, 18. Hence the tie contracted + by carnal procreation is more fittingly called blood-relationship than flesh-relationship. That sometimes one relation is + called the flesh of another, is because the blood which is transformed into the man's seed or into the menstrual fluid is + potentially flesh and bone. + </p> + <p id="XP_Q54_A1-p12"> + <b>Reply to Objection 5:</b> Some say that the reason why the tie of consanguinity is contracted among men through carnal procreation, and not among other + animals, is because whatever belongs to the truth of human nature in all men was in our first parent: which does not apply + to other animals. But according to this, matrimonial consanguinity would never come to an end. However the above theory was + disproved in the Second Book (Sent. ii, D, 30: + <a id="XP_Q54_A1-p12.1" shape="rect" href="summa.FP_Q119_A1.html">FP, Q[119], + A[1] + </a>). Wherefore we must reply that the reason for this is that animals are not united together in the union of friendship through + the begetting of many from one proximate parent, as is the case with men, as stated above. + </p> + <p id="XP_Q54_A1-p13"></p> + <p id="XP_Q54_A1-p14"></p> + <a href="summa.XP_Q54.html"></a> + <a href="summa.XP_Q54_A2.html"></a> + </div> + <div id="XP_Q54_A2" class="div4"> + <a href="summa.XP_Q54_A1.html"></a> + <a href="summa.XP_Q54_A3.html"></a> + <h4 id="XP_Q54_A2-p0.1">Whether consanguinity is fittingly distinguished by degrees and lines?</h4> + <p id="XP_Q54_A2-p1"></p> + <p id="XP_Q54_A2-p2"> + <b>Objection 1:</b> It would seem that consanguinity is unfittingly distinguished by degrees and lines. For a line of consanguinity is described + as "the ordered series of persons related by blood, and descending from a common ancestor in various degrees." Now consanguinity + is nothing else but a series of such persons. Therefore a line of consanguinity is the same as consanguinity. Now a thing + ought not to be distinguished by itself. Therefore consanguinity is not fittingly + distinguished into lines. + </p> + <p id="XP_Q54_A2-p3"> + <b>Objection 2:</b> Further, that by which a common thing is divided should not be placed in the definition of that common thing. Now descent + is placed in the above definition of consanguinity. Therefore consanguinity cannot be divided into ascending, descending and + collateral lines. + </p> + <p id="XP_Q54_A2-p4"> + <b>Objection 3:</b> Further, a line is defined as being between two points. But two points make but one degree. Therefore one line has but one + degree, and for this reason it would seem that consanguinity should not be divided into lines and degrees. + </p> + <p id="XP_Q54_A2-p5"> + <b>Objection 4:</b> Further, a degree is defined as "the relation between distant persons, whereby is known the distance between them." Now since + consanguinity is a kind of propinquity, distance between persons is opposed to consanguinity rather than a part thereof. + </p> + <p id="XP_Q54_A2-p6"> + <b>Objection 5:</b> Further, if consanguinity is distinguished and known by its degrees, those who are in the same degree ought to be equally + related. But this is false since a man's great-uncle and great-nephew are in the same degree, and yet they are not equally + related according to a Decretal (cap. Porro; cap. Parenteloe, 35, qu. v). Therefore consanguinity is not rightly divided into + degrees. + </p> + <p id="XP_Q54_A2-p7"> + <b>Objection 6:</b> Further, in ordinary things a different degree results from the addition of one thing to another, even as every additional + unity makes a different species of number. Yet the addition of one person to another does not always make a different degree + of consanguinity, since father and uncle are in the same degree of consanguinity, for they are side by side. Therefore consanguinity + is not rightly divided into degrees. + </p> + <p id="XP_Q54_A2-p8"> + <b>Objection 7:</b> Further, if two persons be akin to one another there is always the same measure of kinship between them, since the distance + from one extreme to the other is the same either way. Yet the degrees of consanguinity are not always the same on either side, + since sometimes one relative is in the third and the other in the fourth degree. Therefore the measure of consanguinity cannot + be sufficiently known by its degrees. + </p> + <p id="XP_Q54_A2-p9"> + <b>I answer that,</b> Consanguinity as stated + <a id="XP_Q54_A2-p9.1" shape="rect" href="summa.XP_Q54_A1.html">(A[1])</a> is a certain propinquity based on the natural communication by the act of procreation whereby nature is propagated. Wherefore + according to the Philosopher (Ethic. viii, 12) this communication is threefold. one corresponds to the relationship between + cause and effect, and this is the consanguinity of father to son, wherefore he says that "parents love their children as being + a part of themselves." + Another corresponds to the relation of effect to cause, and this is the consanguinity of son to father, wherefore he says + that "children love their parents as being themselves something which owes its existence to them." The third corresponds to + the mutual relation between things that come from the same cause, as brothers, "who are born of the same parents," as he again + says (Ethic. viii, 12). And since the movement of a point makes a line, and since a father by procreation may be said to + descend to his son, hence it is that corresponding to these three relationships there are three lines of consanguinity, namely + the "descending" line corresponding to the first relationship, the "ascending" line corresponding to the second, and the "collateral" + line corresponding to the third. Since however the movement of propagation does not rest in one term but continues beyond, + the result is that one can point to the father's father and to the son's son, and so on, and according to the + various steps we take we find various degrees in one line. And seeing that the degrees of a thing are parts of that thing, + there cannot be degrees of propinquity where there is no propinquity. Consequently identity and too great a distance do away + with degrees of consanguinity; since no man is kin to himself any more than he is like himself: for which reason there is + no degree of consanguinity where there is but one person, but only when one person is compared to another. + </p> + <p id="XP_Q54_A2-p10"> Nevertheless there are different ways of counting the degrees in various lines. For the degree of consanguinity in the ascending + and descending line is contracted from the fact that one of the parties whose consanguinity is in question, is descended from + the other. Wherefore according to the canonical as well as the legal reckoning, the person who occupies the first place, whether + in the ascending or in the descending line, is distant from a certain one, say Peter, in the first + degree---for instance father and son; while the one who occupies the second place in either direction is distant in the second + degree, for instance grandfather, grandson and so on. But the consanguinity that exists between persons who are in collateral + lines is contracted not through one being descended from the other, but through both being descended from one: wherefore the + degrees of consanguinity in this line must be reckoned in relation to the one principle whence it arises. Here, however, + the canonical and legal reckonings differ: for the legal reckoning takes into account the descent from the common stock on + both sides, whereas the canonical reckoning takes into account only one, that namely on which the greater number of degrees + are found. Hence according to the legal reckoning brother and sister, or two brothers, are related in the second degree, because + each is separated from the common stock by one degree; and in like manner the children of two brothers are distant from one + another in the fourth degree. But according to the canonical reckoning, two brothers are related in the first degree, since + neither is distant more than one degree from the common stock: but the children of one brother are distant in the second degree + from the other brother, because they are at that distance from the common stock. Hence, according to the canonical reckoning, + by whatever degree a person is distant from some higher degree, by so much and never by less is he distant from each + person descending from that degree, because "the cause of a thing being so is yet more so." Wherefore although the other descendants + from the common stock be related to some person on account of his being descended from the common stock, these descendants + of the other branch cannot be more nearly related to him than he is to the common stock. Sometimes, however, a person is more + distantly related to a descendant from the common stock, than he himself is to the common stock, because this other + person may be more distantly related to the common stock than he is: and consanguinity must be reckoned according to the more + distant degree. + </p> + <p id="XP_Q54_A2-p11"> + <b>Reply to Objection 1:</b> This objection is based on a false premise: for consanguinity is not the series but a mutual relationship existing between + certain persons, the series of whom forms a line of consanguinity. + </p> + <p id="XP_Q54_A2-p12"> + <b>Reply to Objection 2:</b> Descent taken in a general sense attaches to every line of consanguinity, because carnal procreation whence the tie of consanguinity + arises is a kind of descent: but it is a particular kind of descent, namely from the person whose consanguinity is in question, + that makes the descending line. + </p> + <p id="XP_Q54_A2-p13"> + <b>Reply to Objection 3:</b> A line may be taken in two ways. Sometimes it is taken properly for the dimension itself that is the first species of continuous + quantity: and thus a straight line contains actually but two points which terminate it, but infinite points potentially, any + one of which being actually designated, the line is divided, and becomes two lines. But sometimes a line designates things + which are arranged in a line, and thus we have line and figure in numbers, in + so far as unity added to unity involves number. Thus every unity added makes a degree in a particular line: and it is the + same with the line of consanguinity: wherefore one line contains several degrees. + </p> + <p id="XP_Q54_A2-p14"> + <b>Reply to Objection 4:</b> Even as there cannot be likeness without a difference, so there is no propinquity without distance. Hence not every distance + is opposed to consanguinity, but such as excludes the propinquity of blood-relationship. + </p> + <p id="XP_Q54_A2-p15"> + <b>Reply to Objection 5:</b> Even as whiteness is said to be greater in two ways, in one way through intensity of the quality itself, in another way through + the quantity of the surface, so consanguinity is said to be greater or lesser in two ways. First, intensively by reason of + the very nature of consanguinity: secondly, extensively as it were, and thus the degree of consanguinity is measured by the + persons between whom there is the propagation of a common blood, and in this way + the degrees of consanguinity are distinguished. Wherefore it happens that of two persons related to one person in the same + degree of consanguinity, one is more akin to him than the other, if we consider the quantity of consanguinity in the first + way: thus a man's father and brother are related to him in the first degree of consanguinity, because in neither case does + any person come in between; and yet from the point of view of intensity a man's father is more closely related to him than + his + brother, since his brother is related to him only because he is of the same father. Hence the nearer a person is to the common + ancestor from whom the consanguinity descends, the greater is his consanguinity although he be not in a nearer degree. In + this way a man's great-uncle is more closely related to him than his great-nephew, although they are in the same degree. + </p> + <p id="XP_Q54_A2-p16"> + <b>Reply to Objection 6:</b> Although a man's father and uncle are in the same degree in respect of the root of consanguinity, since both are separated + by one degree from the grandfather, nevertheless in respect of the person whose consanguinity is in question, they are not + in the same degree, since the father is in the first degree, whereas the uncle cannot be nearer than the second degree, wherein + the grandfather stands. + </p> + <p id="XP_Q54_A2-p17"> + <b>Reply to Objection 7:</b> Two persons are always related in the same degree to one another, although they are not always distant in the same number + of degrees from the common ancestor, as explained above. + </p> + <p id="XP_Q54_A2-p18"></p> + <p id="XP_Q54_A2-p19"></p> + <a href="summa.XP_Q54_A1.html"></a> + <a href="summa.XP_Q54_A3.html"></a> + </div> + <div id="XP_Q54_A3" class="div4"> + <a href="summa.XP_Q54_A2.html"></a> + <a href="summa.XP_Q54_A4.html"></a> + <h4 id="XP_Q54_A3-p0.1">Whether consanguinity is an impediment to marriage by virtue of the natural law?</h4> + <p id="XP_Q54_A3-p1"></p> + <p id="XP_Q54_A3-p2"> + <b>Objection 1:</b> It would seem that consanguinity is not by natural law an impediment to marriage. For no woman can be more akin to a man + than Eve was to Adam, since of her did he say ( + <a class="scripRef" id="XP_Q54_A3-p2.1" href="./asv.html#Gen.2.23" target="asv">Gn. 2:23</a>): "This now is bone of my bones and flesh of my flesh." Yet Eve was joined in marriage to Adam. Therefore as regards the + natural law no consanguinity is an impediment to marriage. + </p> + <p id="XP_Q54_A3-p3"> + <b>Objection 2:</b> Further, the natural law is the same for all. Now among the uncivilized nations no person is debarred from marriage by reason + of consanguinity. Therefore, as regards the law of nature, consanguinity is no impediment to marriage. + </p> + <p id="XP_Q54_A3-p4"> + <b>Objection 3:</b> Further, the natural law is what "nature has taught all animals," as stated at the beginning of the Digests (i, ff. De just. + et jure). Now brute animals copulate even with their mother. Therefore it is not of natural law that certain persons are debarred + from marriage on account of consanguinity. + </p> + <p id="XP_Q54_A3-p5"> + <b>Objection 4:</b> Further, nothing that is not contrary to one of the goods of matrimony is an impediment to marriage. But consanguinity is + not contrary to any of the goods of marriage. Therefore it is not an impediment thereto. + </p> + <p id="XP_Q54_A3-p6"> + <b>Objection 5:</b> Further, things which are more akin and more similar to one another are better and more firmly united together. Now matrimony + is a kind of union. Since then consanguinity is a kind of kinship, it does not hinder marriage but rather strengthens the + union. + </p> + <p id="XP_Q54_A3-p7"> + <b>On the contrary,</b> According to the natural law whatever is an obstacle to the good of the offspring is an impediment to marriage. Now consanguinity + hinders the good of the offspring, because in the words of Gregory (Regist., epis. xxxi) quoted in the text (Sent. iv, D, + 40): "We have learnt by experience that the children of such a union cannot thrive." Therefore according to the law of nature + consanguinity is an impediment to matrimony. + </p> + <p id="XP_Q54_A3-p8"> Further, that which belongs to human nature when it was first created is of natural law. Now it belonged to human nature + from when it was first created that one should be debarred from marrying one's father or mother: in proof of which it was + said ( + <a class="scripRef" id="XP_Q54_A3-p8.1" href="./asv.html#Gen.2.24" target="asv">Gn. 2:24</a>): "Wherefore a man shall leave father and mother": which cannot be understood of cohabitation, and consequently must refer + to the union of marriage. Therefore consanguinity is an impediment to marriage + according to the natural law. + </p> + <p id="XP_Q54_A3-p9"> + <b>I answer that,</b> In relation to marriage a thing is said to be contrary to the natural law if it prevents marriage from reaching the end for + which it was instituted. Now the essential and primary end of marriage is the good of the offspring. and this is hindered + by a certain consanguinity, namely that which is between father and daughter, or son and mother. It is not that the good of + the offspring is utterly destroyed, since a daughter can have a child of her father's semen + and with the father rear and teach that child in which things the good of the offspring consists, but that it is not effected + in a becoming way. For it is out of order that a daughter be mated to her father in marriage for the purpose of begetting + and rearing children, since in all things she ought to be subject to her father as proceeding from him. Hence by natural law + a father and mother are debarred from marrying their children; and the mother still more than the father, since it is more + derogatory to the reverence due to parents if the son marry his mother than if the father marry his daughter; since the wife + should be to a certain extent subject to her husband. The secondary essential end of marriage is the curbing of concupiscence; + and this end would be forfeit if a man could marry any blood-relation, since a wide scope would be afforded to concupiscence + if those who have to live together in the same house were not forbidden to be mated in the flesh. Wherefore the Divine law + debars from marriage not only father and mother, but also other kinsfolk who have to live in close intimacy with one another + and ought to safeguard one another's modesty. The Divine law assigns this reason ( + <a class="scripRef" id="XP_Q54_A3-p9.1" href="./asv.html#Lev.18.10" target="asv">Lev. 18:10</a>): "Thou shalt not uncover the nakedness" of such and such a one, "because it is thy own nakedness." + </p> + <p id="XP_Q54_A3-p10"> But the accidental end of marriage is the binding together of mankind and the extension of friendship: for a husband regards + his wife's kindred as his own. Hence it would be prejudicial to this extension of friendship if a man could take a woman of + his kindred to wife since no new friendship would accrue to anyone from such a marriage. Wherefore, according to human law + and the ordinances of the Church, several degrees of consanguinity are debarred from marriage. + </p> + <p id="XP_Q54_A3-p11"> Accordingly it is clear from what has been said that consanguinity is by natural law an impediment to marriage in regard + to certain persons, by Divine law in respect of some, and by human law in respect of others. + </p> + <p id="XP_Q54_A3-p12"> + <b>Reply to Objection 1:</b> Although Eve was formed from Adam she was not Adam's daughter, because she was not formed from him after the manner in which + it is natural for a man to beget his like in species, but by the Divine operation, since from Adam's rib a horse might have + been formed in the same way as Eve was. Hence the natural connection between Eve and Adam was not so great as between daughter + and father, nor was Adam the natural principle of Eve as a father is of his + daughter. + </p> + <p id="XP_Q54_A3-p13"> + <b>Reply to Objection 2:</b> That certain barbarians are united carnally to their parents does not come from the natural law but from the passion of concupiscence + which has clouded the natural law in them. + </p> + <p id="XP_Q54_A3-p14"> + <b>Reply to Objection 3:</b> Union of male and female is said to be of natural law, because nature has taught this to animals: yet she has taught this + union to various animals in various ways according to their various conditions. But carnal copulation with parents is derogatory + to the reverence due to them. For just as nature has instilled into parents solicitude in providing for their offspring, so + has it instilled into the offspring reverence towards their parents: yet to no + kind of animal save man has she instilled a lasting solicitude for his children or reverence for parents; but to other animals + more or less, according as the offspring is more or less necessary to its parents, or the parents to their offspring. Hence + as the Philosopher attests (De Animal. ix, 47) concerning the camel and the horse, among certain animals the son abhors copulation + with its mother as long as he retains knowledge of her and a certain reverence for her. And since all honest customs + of animals are united together in man naturally, and more perfectly than in other animals, it follows that man naturally abhors + carnal knowledge not only of his mother, but also of his daughter, which is, however, less against nature, as stated above. + </p> + <p id="XP_Q54_A3-p15"> Moreover consanguinity does not result from carnal procreation in other animals as in man, as stated above (A[1], ad 5). + Hence the comparison fails. + </p> + <p id="XP_Q54_A3-p16"> + <b>Reply to Objection 4:</b> It has been shown how consanguinity between married persons is contrary to the goods of marriage. Hence the Objection proceeds + from false premises. + </p> + <p id="XP_Q54_A3-p17"> + <b>Reply to Objection 5:</b> It is not unreasonable for one of two unions to be hindered by the other, even as where there is identity there is not likeness. + In like manner the tie of consanguinity may hinder the union of marriage. + </p> + <p id="XP_Q54_A3-p18"></p> + <p id="XP_Q54_A3-p19"></p> + <a href="summa.XP_Q54_A2.html"></a> + <a href="summa.XP_Q54_A4.html"></a> + </div> + <div id="XP_Q54_A4" class="div4"> + <a href="summa.XP_Q54_A3.html"></a> + <a href="summa.XP_Q55.html"></a> + <h4 id="XP_Q54_A4-p0.1">Whether the degrees of consanguinity that are an impediment to marriage could be fixed by the Church?</h4> + <p id="XP_Q54_A4-p1"></p> + <p id="XP_Q54_A4-p2"> + <b>Objection 1:</b> It would seem that the degrees of consanguinity that are an impediment to marriage could not be fixed by the Church so as + to reach to the fourth degree. For it is written ( + <a class="scripRef" id="XP_Q54_A4-p2.1" href="./asv.html#Matt.19.6" target="asv">Mat. 19:6</a>): "What God hath joined together let no man put asunder." But God joined those together who are married within the fourth + degree of consanguinity, since their union is not forbidden by the Divine law. Therefore they should not be put asunder by + a human law. + </p> + <p id="XP_Q54_A4-p3"> + <b>Objection 2:</b> Further, matrimony is a sacrament as also is baptism. Now no ordinance of the Church could prevent one who is baptized from + receiving the baptismal character, if he be capable of receiving it according to the Divine law. Therefore neither can an + ordinance of the Church forbid marriage between those who are not forbidden to marry by the Divine law. + </p> + <p id="XP_Q54_A4-p4"> + <b>Objection 3:</b> Further, positive law can neither void nor extend those things which are natural. Now consanguinity is a natural tie which + is in itself of a nature to impede marriage. Therefore the Church cannot by its ordinance permit or forbid certain people + to marry, any more than she can make them to be kin or not kin. + </p> + <p id="XP_Q54_A4-p5"> + <b>Objection 4:</b> Further, an ordinance of positive law should have some reasonable cause, since it is for this reasonable cause that it proceeds + from the natural law. But the causes that are assigned for the number of degrees seem altogether unreasonable, since they + bear no relation to their effect; for instance, that consanguinity be an impediment as far as the fourth degree on account + of the four elements as far as the sixth degree on account of the six ages of the world, as + far as the seventh degree on account of the seven days of which all time is comprised. Therefore seemingly this prohibition + is of no force. + </p> + <p id="XP_Q54_A4-p6"> + <b>Objection 5:</b> Further, where the cause is the same there should be the same effect. Now the causes for which consanguinity is an impediment + to marriage are the good of the offspring, the curbing of concupiscence, and the extension of friendship, as stated above + + <a id="XP_Q54_A4-p6.1" shape="rect" href="summa.XP_Q54_A3.html">(A[3])</a>, which are equally necessary for all time. Therefore the degrees of consanguinity should have equally impeded marriage at + all times: yet this is not true since consanguinity is now an + impediment to marriage as far as the fourth degree, whereas formerly it was an impediment as far as the seventh. + </p> + <p id="XP_Q54_A4-p7"> + <b>Objection 6:</b> Further, one and the same union cannot be a kind of sacrament and a kind of incest. But this would be the case if the Church + had the power of fixing a different number in the degrees which are an impediment to marriage. Thus if certain parties related + in the fifth degree were married when that degree was an impediment, their union would be incestuous, and yet this same union + would be a marriage afterwards when the Church withdrew her prohibition. And the + reverse might happen if certain degrees which were not an impediment were subsequently to be forbidden by the Church. Therefore + seemingly the power of the Church does not extend to this. + </p> + <p id="XP_Q54_A4-p8"> + <b>Objection 7:</b> Further, human law should copy the Divine law. Now according to the Divine law which is contained in the Old Law, the prohibition + of degrees does not apply equally in the ascending and descending lines: since in the Old Law a man was forbidden to marry + his father's sister but not his brother's daughter. Therefore neither should there remain now a prohibition in respect of + nephews and uncles. + </p> + <p id="XP_Q54_A4-p9"> + <b>On the contrary,</b> Our Lord said to His disciples ( + <a class="scripRef" id="XP_Q54_A4-p9.1" href="./asv.html#Luke.10.16" target="asv">Lk. 10:16</a>): "He that heareth you heareth Me." Therefore a commandment of the Church has the same force as a commandment of God. Now + the Church sometimes has forbidden and sometimes allowed certain degrees which the Old Law did not forbid. Therefore those + degrees are an impediment to marriage. + </p> + <p id="XP_Q54_A4-p10"> Further, even as of old the marriages of pagans were controlled by the civil law, so now is marriage controlled by the laws + of the Church. Now formerly the civil law decided which degrees of consanguinity impede marriage, and which do not. Therefore + this can be done now by a commandment of the Church. + </p> + <p id="XP_Q54_A4-p11"> + <b>I answer that,</b> The degrees within which consanguinity has been an impediment to marriage have varied according to various times. For at + the beginning of the human race father and mother alone were debarred from marrying their children, because then mankind were + few in number, and then it was necessary for the propagation of the human race to be ensured with very great care, and consequently + only such persons were to be debarred as were unfitted for marriage even in respect + of its principal end which is the good of the offspring, as stated above + <a id="XP_Q54_A4-p11.1" shape="rect" href="summa.XP_Q54_A3.html">(A[3])</a>. Afterwards however, the human race having multiplied, more persons were excluded by the law of Moses, for they already began + to curb concupiscence. Wherefore as Rabbi Moses says (Doc. Perp. iii, 49) all those persons were debarred from marrying one + another who are wont to live together in one household, because if a lawful carnal intercourse were possible between them, + this would prove a + very great incentive to lust. Yet the Old Law permitted other degrees of consanguinity, in fact to a certain extent it commanded + them; to wit that each man should take a wife from his kindred, in order to avoid confusion of inheritances: because at that + time the Divine worship was handed down as the inheritance of the race. But afterwards more degrees were forbidden by the + New Law which is the law of the spirit and of love, because the worship of God is no longer handed down and spread abroad + by a carnal birth but by a spiritual grace: wherefore it was necessary that men should be yet more withdrawn from carnal things + by devoting themselves to things spiritual, and that love should have a yet wider play. Hence in olden times marriage was + forbidden even within the more remote degrees of consanguinity, in order that consanguinity and affinity might be the sources + of a wider natural friendship; and this was reasonably extended to the seventh degree, both because beyond this it was + difficult to have any recollection of the common stock, and because this was in keeping with the sevenfold grace of the Holy + Ghost. Afterwards, however, towards these latter times the prohibition of the Church has been restricted to the fourth degree, + because it became useless and dangerous to extend the prohibition to more remote degrees of consanguinity. Useless, because + charity waxed cold in many hearts so that they had scarcely a greater bond of friendship with their more remote kindred + than with strangers: and it was dangerous because through the prevalence of concupiscence and neglect men took no account + of so numerous a kindred, and thus the prohibition of the more remote degrees became for many a snare leading to damnation. + Moreover there is a certain fittingness in the restriction of the above prohibition to the fourth degree. First because men + are wont to live until the fourth generation, so that consanguinity cannot lapse into oblivion, wherefore God threatened + ( + <a class="scripRef" id="XP_Q54_A4-p11.2" href="./asv.html#Exod.20.5" target="asv">Ex. 20:5</a>) to visit the parent's sins on their children to the third and fourth generation. Secondly, because in each generation the + blood, the identity of which causes consanguinity, receives a further addition of new blood, and the more another blood is + added the less there is of the old. And because there are four elements, each of which is the more easily mixed with another, + according as it is more rarefied it follows that at the first admixture the identity of blood + disappears as regards the first element which is most subtle; at the second admixture, as regards the second element; at the + third, as to the third element; at the fourth, as to the fourth element. Thus after the fourth generation it is fitting for + the carnal union to be repeated. + </p> + <p id="XP_Q54_A4-p12"> + <b>Reply to Objection 1:</b> Even as God does not join together those who are joined together against the Divine command, so does He not join together + those who are joined together against the commandment of the Church, which has the same binding force as a commandment of + God. + </p> + <p id="XP_Q54_A4-p13"> + <b>Reply to Objection 2:</b> Matrimony is not only a sacrament but also fulfills an office; wherefore it is more subject to the control of the Church's + ministers than baptism which is a sacrament only: because just as human contracts and offices are controlled by human laws, + so are spiritual contracts and offices controlled by the law of the Church. + </p> + <p id="XP_Q54_A4-p14"> + <b>Reply to Objection 3:</b> Although the tie of consanguinity is natural, it is not natural that consanguinity forbid carnal intercourse, except as regards + certain degrees, as stated above + <a id="XP_Q54_A4-p14.1" shape="rect" href="summa.XP_Q54_A3.html">(A[3])</a>. Wherefore the Church's commandment does not cause certain people to be kin or not kin, because they remain equally kin at + all times: but it makes carnal intercourse to be lawful or unlawful at different times for different degrees of consanguinity. + </p> + <p id="XP_Q54_A4-p15"> + <b>Reply to Objection 4:</b> The reasons assigned are given as indicating aptness and congruousness rather than causality and necessity. + </p> + <p id="XP_Q54_A4-p16"> + <b>Reply to Objection 5:</b> The reason for the impediment of consanguinity is not the same at different times: wherefore that which it was useful to + allow at one time, it was beneficial to forbid at another. + </p> + <p id="XP_Q54_A4-p17"> + <b>Reply to Objection 6:</b> A commandment does not affect the past but the future. Wherefore if the fifth degree which is now allowed were to be forbidden + at any time, those in the fifth degree who are married would not have to separate, because no impediment supervening to marriage + can annul it; and consequently a union which was a marriage from the first would not be made incestuous by a commandment of + the Church. In like manner, if a degree which is now forbidden were to be + allowed, such a union would not become a marriage on account of the Church's commandment by reason of the former contract, + because they could separate if they wished. Nevertheless, they could contract anew, and this would be a new union. + </p> + <p id="XP_Q54_A4-p18"> + <b>Reply to Objection 7:</b> In prohibiting the degrees of consanguinity the Church considers chiefly the point of view of affection. And since the reason + for affection towards one's brother's son is not less but even greater than the reasons for affection towards one's father's + brother, inasmuch as the son is more akin to the father than the father to the son (Ethic. viii, 12), therefore did the Church + equally prohibit the degrees of consanguinity in uncles and nephews. On the + other hand the Old Law in debarring certain persons looked chiefly to the danger of concupiscence arising from cohabitation; + and debarred those persons who were in closer intimacy with one another on account of their living together. Now it is more + usual for a niece to live with her uncle than an aunt with her nephew: because a daughter is more identified with her father, + being part of him, whereas a sister is not in this way identified with her brother, for she is not part of him but is born + of the same parent. Hence there was not the same reason for debarring a niece and an aunt. + </p> + <p id="XP_Q54_A4-p19"></p> + <p id="XP_Q54_A4-p20"></p> + <a href="summa.XP_Q54_A3.html"></a> + <a href="summa.XP_Q55.html"></a> + </div> + <a href="summa.XP_Q53_A4.html"></a> + <a href="summa.XP_Q54_A1.html"></a> + </div> + <div id="XP_Q55" class="div3"> + <a href="summa.XP_Q54_A4.html"></a> + <a href="summa.XP_Q55_A1.html"></a> + <h3 id="XP_Q55-p0.1">OF THE IMPEDIMENT OF AFFINITY (ELEVEN ARTICLES)</h3> + <p id="XP_Q55-p1"></p> + <p id="XP_Q55-p2"> We must consider next the impediment of affinity. Under this head there are eleven points of inquiry:</p> + <p id="XP_Q55-p3"> (1) Whether affinity results from matrimony?</p> + <p id="XP_Q55-p4"> (2) Whether it remains after the death of husband or wife?</p> + <p id="XP_Q55-p5"> (3) Whether it is caused through unlawful intercourse?</p> + <p id="XP_Q55-p6"> (4) Whether it arises from a betrothal?</p> + <p id="XP_Q55-p7"> (5) Whether affinity is caused through affinity?</p> + <p id="XP_Q55-p8"> (6) Whether affinity is an impediment to marriage?</p> + <p id="XP_Q55-p9"> (7) Whether affinity in itself admits of degrees?</p> + <p id="XP_Q55-p10"> (8) Whether its degrees extend as far as the degrees of consanguinity?</p> + <p id="XP_Q55-p11"> (9) Whether marriages of persons related to one another by consanguinity or affinity should always be dissolved by divorce?</p> + <p id="XP_Q55-p12"> (10) Whether the process for the dissolution of like marriages should always be by way of accusation?</p> + <p id="XP_Q55-p13"> (11) Whether witnesses should be called in such a case?</p> + <div id="XP_Q55_A1" class="div4"> + <a href="summa.XP_Q55.html"></a> + <a href="summa.XP_Q55_A2.html"></a> + <h4 id="XP_Q55_A1-p0.1">Whether a person contracts affinity through the marriage of a blood-relation?</h4> + <p id="XP_Q55_A1-p1"></p> + <p id="XP_Q55_A1-p2"> + <b>Objection 1:</b> It would seem that a person does not contract affinity through the marriage of a blood-relation. For "the cause of a thing + being so is yet more so." Now the wife is not connected with her husband's kindred except by reason of the husband. Since + then she does not contract affinity with her husband, neither does she contract it with her husband's kindred. + </p> + <p id="XP_Q55_A1-p3"> + <b>Objection 2:</b> Further, if certain things be separate from one another and something be connected with one of them, it does not follow that + it is connected with the other. Now a person's blood relations are separate from one another. Therefore it does not follow, + if a certain woman be married to a certain man, that she is therefore connected with all his kindred. + </p> + <p id="XP_Q55_A1-p4"> + <b>Objection 3:</b> Further, relations result from certain things being united together. Now the kindred of the husband do not become united + together by the fact of his taking a wife. Therefore they do not acquire any relationship of affinity. + </p> + <p id="XP_Q55_A1-p5"> + <b>On the contrary,</b> Husband and wife are made one flesh. Therefore if the husband is related in the flesh to all his kindred, for the same reason + his wife will be related to them all. + </p> + <p id="XP_Q55_A1-p6"> Further, this is proved by the authorities quoted in the text (Sent. iv, D, 41).</p> + <p id="XP_Q55_A1-p7"> + <b>I answer that,</b> A certain natural friendship is founded on natural fellowship. Now natural fellowship, according to the Philosopher (Ethic. + viii, 12), arises in two ways; first, from carnal procreation; secondly, from connection with orderly carnal procreation, + wherefore he says (Ethic. viii, 12) that the friendship of a husband towards his wife is natural. Consequently even as a person + through being connected with another by carnal procreation is bound to him by a tie of + natural friendship, so does one person become connected with another through carnal intercourse. But there is a difference + in this, that one who is connected with another through carnal procreation, as a son with his father, shares in the same common + stock and blood, so that a son is connected with his father's kindred by the same kind of tie as the father was, the tie, + namely of consanguinity, albeit in a different degree on account of his being more distant from the stock: whereas one who + is + connected with another through carnal intercourse does not share in the same stock, but is as it were an extraneous addition + thereto: whence arises another kind of tie known by the name of "affinity." This is expressed in the verse: + </p> + <p id="XP_Q55_A1-p8"> Marriage makes a new kind of connection,</p> + <p id="XP_Q55_A1-p9"> While birth makes a new degree,</p> + <p id="XP_Q55_A1-p10">because, to wit, the person begotten is in the same kind of relationship, but in a different degree, whereas through carnal + intercourse he enters into a new kind of relationship. + </p> + <p id="XP_Q55_A1-p11"> + <b>Reply to Objection 1:</b> Although a cause is more potent than its effect, it does not always follow that the same name is applicable to the cause + as to the effect, because sometimes that which is in the effect, is found in the cause not in the same but in a higher way; + wherefore it is not applicable to both cause and effect under the same name or under the same aspect, as is the case with + all equivocal effective causes. Thus, then, the union of husband and wife is stronger + than the union of the wife with her husband's kindred, and yet it ought not to be named affinity, but matrimony which is a + kind of unity; even as a man is identical with himself, but not with his kinsman. + </p> + <p id="XP_Q55_A1-p12"> + <b>Reply to Objection 2:</b> Blood-relations are in a way separate, and in a way connected: and it happens in respect of their connection that a person + who is connected with one of them is in some way connected with all of them. But on account of their separation and distance + from one another it happens that a person who is connected with one of them in one way is connected with another in another + way, either as to the kind of connection or as to the degree. + </p> + <p id="XP_Q55_A1-p13"> + <b>Reply to Objection 3:</b> Further, a relation results sometimes from a movement in each extreme, for instance fatherhood and sonship, and a relation + of this kind is really in both extremes. Sometimes it results from the movement of one only, and this happens in two ways. + In one way when a relation results from the movement of one extreme without any movement previous or concomitant of the other + extreme; as in the Creator and the creature, the sensible and the sense, knowledge + and the knowable object: and then the relation is in one extreme really and in the other logically only. In another way when + the relation results from the movement of one extreme without any concomitant movement, but not without a previous movement + of the other; thus there results equality between two men by the increase of one, without the other either increasing or decreasing + then, although previously he reached his actual quantity by some movement or change, so that this relation is founded + really in both extremes. It is the same with consanguinity and affinity, because the relation of brotherhood which results + in a grown child on the birth of a boy, is caused without any movement of the former's at the time, but by virtue of that + previous movement of his wherein he was begotten; wherefore at the time it happens that there results in him the aforesaid + relation through the movement of another. Likewise because this man descends through his own birth from the same stock as + the + husband, there results in him affinity with the latter's wife, without any new change in him. + </p> + <p id="XP_Q55_A1-p14"></p> + <p id="XP_Q55_A1-p15"></p> + <a href="summa.XP_Q55.html"></a> + <a href="summa.XP_Q55_A2.html"></a> + </div> + <div id="XP_Q55_A2" class="div4"> + <a href="summa.XP_Q55_A1.html"></a> + <a href="summa.XP_Q55_A3.html"></a> + <h4 id="XP_Q55_A2-p0.1">Whether affinity remains after the death of husband or wife?</h4> + <p id="XP_Q55_A2-p1"></p> + <p id="XP_Q55_A2-p2"> + <b>Objection 1:</b> It would seem that affinity does not remain after the death of husband or wife, between the blood-relations of husband and + wife or "vice versa." Because if the cause cease the effect ceases. Now the cause of affinity was the marriage, which ceases + after the husband's death, since then "the woman . . . is loosed from the law of the husband" ( + <a class="scripRef" id="XP_Q55_A2-p2.1" href="./asv.html#Rom.7.2" target="asv">Rom. 7:2</a>). Therefore the aforesaid affinity ceases also. + </p> + <p id="XP_Q55_A2-p3"> + <b>Objection 2:</b> Further, consanguinity is the cause of affinity. Now the consanguinity of the husband with his blood-relations ceases at + his death. Therefore, the wife's affinity with them ceases also. + </p> + <p id="XP_Q55_A2-p4"> + <b>On the contrary,</b> Affinity is caused by consanguinity. Now consanguinity binds persons together for all time as long as they live. Therefore + affinity does so also: and consequently affinity (between two persons) is not dissolved through the dissolution of the marriage + by the death of a third person. + </p> + <p id="XP_Q55_A2-p5"> + <b>I answer that,</b> A relation ceases in two ways: in one way through the corruption of its subject, in another way by the removal of its cause; + thus likeness ceases when one of the like subjects dies, or when the quality that caused the likeness is removed. Now there + are certain relations which have for their cause an action, or a passion or movement (Metaph. v, 20): and some of these are + caused by movement, through something being moved actually; such is the relation between + mover and moved: some of them are caused through something being adapted to movement, for instance the relations between the + motive power and the movable, or between master and servant; and some of them result from something, having been moved previously, + such as the relation between father and son, for the relation between them is caused not by (the con) being begotten now, + but by his having been begotten. Now aptitude for movement and for being moved is transitory; whereas the fact of having + been moved is everlasting, since what has been never ceases having been. Consequently fatherhood and sonship are never dissolved + through the removal of the cause, but only through the corruption of the subject, that is of one of the subjects. The same + applies to affinity, for this is caused by certain persons having been joined together not by their being actually joined. + Wherefore it is not done away, as long as the persons between whom affinity has been contracted survive, although the person + die through whom it was contracted. + </p> + <p id="XP_Q55_A2-p6"> + <b>Reply to Objection 1:</b> The marriage tie causes affinity not only by reason of actual union, but also by reason of the union having been effected + in the past. + </p> + <p id="XP_Q55_A2-p7"> + <b>Reply to Objection 2:</b> Consanguinity is not the chief cause of affinity, but union with a blood-relation, not only because that union is now, but + because it has been. Hence the argument does not prove. + </p> + <p id="XP_Q55_A2-p8"></p> + <p id="XP_Q55_A2-p9"></p> + <a href="summa.XP_Q55_A1.html"></a> + <a href="summa.XP_Q55_A3.html"></a> + </div> + <div id="XP_Q55_A3" class="div4"> + <a href="summa.XP_Q55_A2.html"></a> + <a href="summa.XP_Q55_A4.html"></a> + <h4 id="XP_Q55_A3-p0.1">Whether unlawful intercourse causes affinity?</h4> + <p id="XP_Q55_A3-p1"></p> + <p id="XP_Q55_A3-p2"> + <b>Objection 1:</b> It would seem that unlawful intercourse does not cause affinity. For affinity is an honorable thing. Now honorable things + do not result from that which is dishonorable. Therefore affinity cannot be caused by a dishonorable intercourse. + </p> + <p id="XP_Q55_A3-p3"> + <b>Objection 2:</b> Further, where there is consanguinity there cannot be affinity; since affinity is a relationship between persons that results + from carnal intercourse and is altogether void of blood-relationship. Now if unlawful intercourse were a cause of affinity, + it would sometimes happen that a man would contract affinity with his blood-relations and with himself: for instance when + a man is guilty of incest with a blood-relation. Therefore affinity is not caused by + unlawful intercourse. + </p> + <p id="XP_Q55_A3-p4"> + <b>Objection 3:</b> Further, unlawful intercourse is according to nature or against nature. Now affinity is not caused by unnatural unlawful + intercourse as decided by law (can. Extraordinaria, xxxv, qu. 2,3). Therefore it is not caused only by unlawful intercourse + according to nature. + </p> + <p id="XP_Q55_A3-p5"> + <b>On the contrary,</b> He who is joined to a harlot is made one body ( + <a class="scripRef" id="XP_Q55_A3-p5.1" href="./asv.html#iCor.6.16" target="asv">1 Cor. 6:16</a>). Now this is the reason why marriage caused affinity. Therefore unlawful intercourse does so for the same reason. + </p> + <p id="XP_Q55_A3-p6"> Further, carnal intercourse is the cause of affinity, as shown by the definition of affinity, which definition is as follows: + Affinity is the relationship of persons which results from carnal intercourse and is altogether void of blood-relationship. + But there is carnal copulation even in unlawful intercourse. Therefore unlawful intercourse causes affinity. + </p> + <p id="XP_Q55_A3-p7"> + <b>I answer that,</b> According to the Philosopher (Ethic. viii, 12) the union of husband and wife is said to be natural chiefly on account of + the procreation of offspring, and secondly on account of the community of works: the former of which belongs to marriage by + reason of carnal copulation, and the latter, in so far as marriage is a partnership directed to a common life. Now the former + is to be found in every carnal union where there is a mingling of seeds, since such a union + may be productive of offspring, but the latter may be wanting. Consequently since marriage caused affinity, in so far as it + was a carnal mingling, it follows that also an unlawful intercourse causes affinity in so far as it has something of natural + copulation. + </p> + <p id="XP_Q55_A3-p8"> + <b>Reply to Objection 1:</b> In an unlawful intercourse there is something natural which is common to fornication and marriage, and in this respect it + causes affinity. There is also something which is inordinate whereby it differs from marriage, and in this respect it does + not cause affinity. Hence affinity remains honorable, although its cause is in a way dishonorable. + </p> + <p id="XP_Q55_A3-p9"> + <b>Reply to Objection 2:</b> There is no reason why diverse relations should not be in the same subject by reason of different things. Consequently there + can be affinity and consanguinity between two persons, not only on account of unlawful but also on account of lawful intercourse: + for instance if a blood-relation of mine on my father's side marries a blood-relation of mine on my mother's side. Hence in + the above definition the words "which is altogether void of + blood-relationship" apply to affinity as such. Nor does it follow that a man by having intercourse with his blood-relation + contracts affinity with himself, since affinity, like consanguinity, requires diversity of subjects, as likeness does. + </p> + <p id="XP_Q55_A3-p10"> + <b>Reply to Objection 3:</b> In unnatural copulation there is no mingling of seeds that makes generation possible: wherefore a like intercourse does not + cause affinity. + </p> + <p id="XP_Q55_A3-p11"></p> + <p id="XP_Q55_A3-p12"></p> + <a href="summa.XP_Q55_A2.html"></a> + <a href="summa.XP_Q55_A4.html"></a> + </div> + <div id="XP_Q55_A4" class="div4"> + <a href="summa.XP_Q55_A3.html"></a> + <a href="summa.XP_Q55_A5.html"></a> + <h4 id="XP_Q55_A4-p0.1">Whether affinity is caused by betrothal?</h4> + <p id="XP_Q55_A4-p1"></p> + <p id="XP_Q55_A4-p2"> + <b>Objection 1:</b> It would seem that affinity cannot be caused by betrothal. For affinity is a lasting tie: whereas a betrothal is sometimes + broken off. Therefore it cannot cause affinity. + </p> + <p id="XP_Q55_A4-p3"> + <b>Objection 2:</b> Further if the hymen be penetrated without the deed being consummated, affinity is not contracted. Yet this is much more + akin to carnal intercourse than a betrothal. Therefore betrothal does not cause affinity. + </p> + <p id="XP_Q55_A4-p4"> + <b>Objection 3:</b> Further, betrothal is nothing but a promise of future marriage. Now sometimes there is a promise of future marriage without + affinity being contracted, for instance if it take place before the age of seven years; or if a man having a perpetual impediment + of impotence promise a woman future marriage; or if a like promise be made between persons to whom marriage is rendered unlawful + by a vow; or in any other way whatever. Therefore betrothal cannot cause + affinity. + </p> + <p id="XP_Q55_A4-p5"> + <b>On the contrary,</b> Pope Alexander (cap. Ad audiendem, De spons. et matrim.) forbade a certain woman to marry a certain man, because she had + been betrothed to his brother. Now this would not be the case unless affinity were contracted by betrothal. Therefore, etc. + </p> + <p id="XP_Q55_A4-p6"> + <b>I answer that,</b> Just as a betrothal has not the conditions of a perfect marriage, but is a preparation for marriage, so betrothal causes + not affinity as marriage does, but something like affinity. This is called "the justice of public honesty," which is an impediment + to marriage even as affinity and consanguinity are, and according to the same degrees, and is defined thus: "The justice of + public honesty is a relationship arising out of betrothal, and derives its force from + ecclesiastical institution by reason of its honesty." This indicates the reason of its name as well as its cause, namely that + this relationship was instituted by the Church on account of its honesty. + </p> + <p id="XP_Q55_A4-p7"> + <b>Reply to Objection 1:</b> Betrothal, by reason not of itself but of the end to which it is directed, causes this kind of affinity known as "the justice + of public honesty": wherefore just as marriage is a lasting tie, so is the aforesaid kind of affinity. + </p> + <p id="XP_Q55_A4-p8"> + <b>Reply to Objection 2:</b> In carnal intercourse man and woman become one flesh by the mingling of seeds. Wherefore it is not every invasion or penetration + of the hymen that causes affinity to be contracted, but only such as is followed by a mingling of seeds. But marriage causes + affinity not only on account of carnal intercourse, but also by reason of the conjugal fellowship, in respect of which also + marriage is according to nature. Consequently affinity results from the + marriage contract itself expressed in words of the present and before its consummation, and in like manner there results from + betrothal, which is a promise of conjugal fellowship, something akin to affinity, namely the justice of public honesty. + </p> + <p id="XP_Q55_A4-p9"> + <b>Reply to Objection 3:</b> All those impediments which void a betrothal prevent affinity being contracted through a promise of marriage. Hence whether + he who actually promises marriage be lacking in age, or be under a solemn vow of continence or any like impediment, no affinity + nor anything akin to it results because the betrothal is void. If however, a minor, laboring under insensibility or malefice, + having a perpetual impediment, is betrothed before the age of puberty and + after the age of seven years, with a woman who is of age, from such a contract there results the impediment called "justice + of public honesty," because at the time the impediment was not actual, since at that age the boy who is insensible is equally + impotent in respect of the act in question. + </p> + <p id="XP_Q55_A4-p10"></p> + <p id="XP_Q55_A4-p11"></p> + <a href="summa.XP_Q55_A3.html"></a> + <a href="summa.XP_Q55_A5.html"></a> + </div> + <div id="XP_Q55_A5" class="div4"> + <a href="summa.XP_Q55_A4.html"></a> + <a href="summa.XP_Q55_A6.html"></a> + <h4 id="XP_Q55_A5-p0.1">Whether affinity is a cause of affinity?</h4> + <p id="XP_Q55_A5-p1"></p> + <p id="XP_Q55_A5-p2"> + <b>Objection 1:</b> It would seem that affinity also is a cause of affinity. For Pope Julius I says (cap. Contradicimus 35, qu. iii): "No man + may marry his wife's surviving blood-relation": and it is said in the next chapter (cap. Porro duorum) that "the wives of + two cousins are forbidden to marry, one after the other, the same husband." But this is only on account of affinity being + contracted through union with a person related by affinity. Therefore affinity is a cause of + affinity. + </p> + <p id="XP_Q55_A5-p3"> + <b>Objection 2:</b> Further, carnal intercourse makes persons akin even as carnal procreation, since the degrees of affinity and consanguinity + are reckoned equally. But consanguinity causes affinity. Therefore affinity does also. + </p> + <p id="XP_Q55_A5-p4"> + <b>Objection 3:</b> Further, things that are the same with one and the same are the same with one another. But the wife contracts the same relations + with all her husband's kindred. Therefore all her husband's kindred are made one with all who are related by affinity to the + wife, and thus affinity is the cause of affinity. + </p> + <p id="XP_Q55_A5-p5"> + <b>Objection 4:</b> On the contrary, If affinity is caused by affinity a man who has connection with two women can marry neither of them, because + then the one would be related to the other by affinity. But this is false. Therefore affinity does not cause affinity. + </p> + <p id="XP_Q55_A5-p6"> + <b>Objection 5:</b> Further, if affinity arose out of affinity a man by marrying another man's widow would contract affinity with all her first + husband's kindred, since she is related to them by affinity. But this cannot be the case because he would become especially + related by affinity to her deceased husband. Therefore, etc. + </p> + <p id="XP_Q55_A5-p7"> + <b>Objection 6:</b> Further, consanguinity is a stronger tie than affinity. But the blood-relations of the wife do not become blood-relations + of the husband. Much less, therefore, does affinity to the wife cause affinity to her blood-relations, and thus the same conclusion + follows. + </p> + <p id="XP_Q55_A5-p8"> + <b>I answer that,</b> There are two ways in which one thing proceeds from another: in one way a thing proceeds from another in likeness of species, + as a man is begotten of a man: in another way one thing proceeds from another, not in likeness of species; and this process + is always towards a lower species, as instanced in all equivocal agents. The first kind of procession, however often it be + repeated, the same species always remains: thus if one man be begotten of another by an + act of the generative power, of this man also another man will be begotten, and so on. But the second kind of procession, + just as in the first instance it produces another species, so it makes another species as often as it is repeated. Thus by + movement from a point there proceeds a line and not a point, because a point by being moved makes a line; and from a line + moved lineally, there proceeds not a line but a surface, and from a surface a body, and in this way the procession can go + no + further. Now in the procession of kinship we find two kinds whereby this tie is caused: one is by carnal procreation, and + this always produces the same species of relationship; the other is by the marriage union, and this produces a different kind + of relationship from the beginning: thus it is clear that a married woman is related to her husband's blood-relations not + by blood but by affinity. Wherefore if this kind of process be repeated, the result will be not affinity but another kind + of + relationship; and consequently a married party contracts with the affines of the other party a relation not of affinity but + of some other kind which is called affinity of the second kind. And again if a person through marriage contracts relationship + with an affine of the second kind, it will not be affinity of the second kind, but of a third kind, as indicated in the verse + quoted above + <a id="XP_Q55_A5-p8.1" shape="rect" href="summa.XP_Q55_A1.html">(A[1])</a>. Formerly these two kinds were included in the prohibition, under the head of + the justice of public honesty rather than under the head of affinity, because they fall short of true affinity, in the same + way as the relationship arising out of betrothal. Now however they have ceased to be included in the prohibition, which now + refers only to the first kind of affinity in which true affinity consists. + </p> + <p id="XP_Q55_A5-p9"> + <b>Reply to Objection 1:</b> A husband contracts affinity of the first kind with his wife's male blood-relation, and affinity of the second kind with + the latter's wife: wherefore if the latter man dies the former cannot marry his widow on account of the second kind of affinity. + Again if a man A marry a widow B, C, a relation of her former husband being connected with B by the first kind of affinity, + contracts affinity of the second kind with her husband A; and D, the wife of this + relation C being connected, by affinity of the second kind, with B, this man's wife contracts affinity of the third kind with + her husband A. And since the third kind of affinity was included in the prohibition on account of a certain honesty more than + by reason of affinity, the canon (cap. Porro duorum 35, qu. iii) says: "The justice of public honesty forbids the wives of + two cousins to be married to the same man, the one after the other." But this prohibition is done away with. + </p> + <p id="XP_Q55_A5-p10"> + <b>Reply to Objection 2:</b> Although carnal intercourse is a cause of people being connected with one another, it is not the same kind of connection. + </p> + <p id="XP_Q55_A5-p11"> + <b>Reply to Objection 3:</b> The wife contracts the same connection with her husband's relatives as to the degree but not as to the kind of connection. + </p> + <p id="XP_Q55_A5-p12"> Since however the arguments in the contrary sense would seem to show that no tie is caused by affinity, we must reply to + them lest the time-honored prohibition of the Church seem unreasonable. + </p> + <p id="XP_Q55_A5-p13"> + <b>Reply to Objection 4:</b> As stated above, a woman does not contract affinity of the first kind with the man to whom she is united in the flesh, wherefore + she does not contract affinity of the second kind with a woman known by the same man; and consequently if a man marry one + of these women, the other does not contract affinity of the third kind with him. And so the laws of bygone times did not forbid + the same man to marry successively two women known by one man. + </p> + <p id="XP_Q55_A5-p14"> + <b>Reply to Objection 5:</b> As a man is not connected with his wife by affinity of the first kind, so he does not contract affinity of the second kind + with the second husband of the same wife. Wherefore the argument does not prove. + </p> + <p id="XP_Q55_A5-p15"> + <b>Reply to Objection 6:</b> One person is not connected with me through another, except they be connected together. Hence through a woman who is affine + to me, no person becomes connected with me, except such as is connected with her. Now this cannot be except through carnal + procreation from her, or through connection with her by marriage: and according to the olden legislation, I contracted some + kind of connection through her in both ways: because her son even by another husband + becomes affine to me in the same kind and in a different degree of affinity, as appears from the rule given above: and again + her second husband becomes affine to me in the second kind of affinity. But her other blood-relations are not connected with + him, but she is connected with them, either as with father or mother, inasmuch as she descends from them, or, as with her + brothers, as proceeding from the same principle; wherefore the brother or father of my affine does not become affine to me + in + any kind of affinity. + </p> + <p id="XP_Q55_A5-p16"></p> + <p id="XP_Q55_A5-p17"></p> + <a href="summa.XP_Q55_A4.html"></a> + <a href="summa.XP_Q55_A6.html"></a> + </div> + <div id="XP_Q55_A6" class="div4"> + <a href="summa.XP_Q55_A5.html"></a> + <a href="summa.XP_Q55_A7.html"></a> + <h4 id="XP_Q55_A6-p0.1">Whether affinity is an impediment to marriage?</h4> + <p id="XP_Q55_A6-p1"></p> + <p id="XP_Q55_A6-p2"> + <b>Objection 1:</b> It would seem that affinity is not an impediment to marriage. For nothing is an impediment to marriage except what is contrary + thereto. But affinity is not contrary to marriage since it is caused by it. Therefore it is not an impediment to marriage. + </p> + <p id="XP_Q55_A6-p3"> + <b>Objection 2:</b> Further, by marriage the wife becomes a possession of the husband. Now the husband's kindred inherit his possessions after + his death. Therefore they can succeed to his wife, although she is affine to them, as shown above + <a id="XP_Q55_A6-p3.1" shape="rect" href="summa.XP_Q55_A5.html">(A[5])</a>. Therefore affinity is not an impediment to marriage. + </p> + <p id="XP_Q55_A6-p4"> + <b>On the contrary,</b> It is written ( + <a class="scripRef" id="XP_Q55_A6-p4.1" href="./asv.html#Lev.18.8" target="asv">Lev. 18:8</a>): "Thou shalt not uncover the nakedness of thy father's wife." Now she is only affine. Therefore affinity is an impediment + to marriage. + </p> + <p id="XP_Q55_A6-p5"> + <b>I answer that,</b> Affinity that precedes marriage hinders marriage being contracted and voids the contract, for the same reason as consanguinity. + For just as there is a certain need for blood-relations to live together, so is there for those who are connected by affinity: + and just as there is a tie of friendship between blood-relations, so is there between those who are affine to one another. + If, however, affinity supervene to matrimony, it cannot void the marriage, as stated + above ( + <a id="XP_Q55_A6-p5.1" shape="rect" href="summa.XP_Q50_A7.html">Q[50], A[7]</a>). + </p> + <p id="XP_Q55_A6-p6"> + <b>Reply to Objection 1:</b> Affinity is not contrary to the marriage which causes it, but to a marriage being contracted with an affine, in so far as + the latter would hinder the extension of friendship and the curbing of concupiscence, which are sought in marriage. + </p> + <p id="XP_Q55_A6-p7"> + <b>Reply to Objection 2:</b> The husband's possessions do not become one with him as the wife is made one flesh with him. Wherefore just as consanguinity + is an impediment to marriage or union with the husband according to the flesh, so is one forbidden to marry the husband's + wife. + </p> + <p id="XP_Q55_A6-p8"></p> + <p id="XP_Q55_A6-p9"></p> + <a href="summa.XP_Q55_A5.html"></a> + <a href="summa.XP_Q55_A7.html"></a> + </div> + <div id="XP_Q55_A7" class="div4"> + <a href="summa.XP_Q55_A6.html"></a> + <a href="summa.XP_Q55_A8.html"></a> + <h4 id="XP_Q55_A7-p0.1">Whether affinity in itself admits of degrees?</h4> + <p id="XP_Q55_A7-p1"></p> + <p id="XP_Q55_A7-p2"> + <b>Objection 1:</b> It would seem that affinity in itself admits of degrees. For any kind of propinquity can itself be the subject of degrees. + Now affinity is a kind of propinquity. Therefore it has degrees in itself apart from the degrees of consanguinity by which + it is caused. + </p> + <p id="XP_Q55_A7-p3"> + <b>Objection 2:</b> Further, it is stated in the text (Sent. iv, D, 41) that the child of a second marriage could not take a consort from within + the degrees of affinity of the first husband. But this would not be the case unless the son of an affine were also affine. + Therefore affinity like consanguinity admits itself of degrees. + </p> + <p id="XP_Q55_A7-p4"> + <b>On the contrary,</b> Affinity is caused by consanguinity. Therefore all the degrees of affinity are caused by the degrees of consanguinity: and + so it has no degrees of itself. + </p> + <p id="XP_Q55_A7-p5"> + <b>I answer that,</b> A thing does not of itself admit of being divided except in reference to something belonging to it by reason of its genus: + thus animal is divided into rational and irrational and not into white and black. Now carnal procreation has a direct relation + to consanguinity, because the tie of consanguinity is immediately contracted through it; whereas it has no relation to affinity + except through consanguinity which is the latter's cause. Wherefore since the + degrees of relationship are distinguished in reference to carnal procreation, the distinction of degrees is directly and immediately + referable to consanguinity, and to affinity through consanguinity. Hence the general rule in seeking the degrees of affinity + is that in whatever degree of consanguinity I am related to the husband, in that same degree of affinity I am related to the + wife. + </p> + <p id="XP_Q55_A7-p6"> + <b>Reply to Objection 1:</b> The degrees in propinquity of relationship can only be taken in reference to ascent and descent of propagation, to which + affinity is compared only through consanguinity. Wherefore affinity has no direct degrees, but derives them according to the + degrees of consanguinity. + </p> + <p id="XP_Q55_A7-p7"> + <b>Reply to Objection 2:</b> Formerly it used to be said that the son of my affine by a second marriage was affine to me, not directly but accidentally + as it were: wherefore he was forbidden to marry on account of the justice of public honesty rather than affinity. And for + this reason this prohibition is now revoked. + </p> + <p id="XP_Q55_A7-p8"></p> + <p id="XP_Q55_A7-p9"></p> + <a href="summa.XP_Q55_A6.html"></a> + <a href="summa.XP_Q55_A8.html"></a> + </div> + <div id="XP_Q55_A8" class="div4"> + <a href="summa.XP_Q55_A7.html"></a> + <a href="summa.XP_Q55_A9.html"></a> + <h4 id="XP_Q55_A8-p0.1">Whether the degrees of affinity extend in the same way as the degrees of consanguinity?</h4> + <p id="XP_Q55_A8-p1"></p> + <p id="XP_Q55_A8-p2"> + <b>Objection 1:</b> It would seem that the degrees of affinity do not extend in the same way as the degrees of consanguinity. For the tie of + affinity is less strong than the tie of consanguinity, since affinity arises from consanguinity in diversity of species, as + from an equivocal cause. Now the stronger the tie the longer it lasts. Therefore the tie of affinity does not last to the + same number of degrees as consanguinity. + </p> + <p id="XP_Q55_A8-p3"> + <b>Objection 2:</b> Further, human law should imitate Divine law. Now according to the Divine law certain degrees of consanguinity were forbidden, + in which degrees affinity was not an impediment to marriage: as instanced in a brother's wife whom a man could marry although + he could not marry her sister. Therefore now too the prohibition of affinity and consanguinity should not extend to the same + degrees. + </p> + <p id="XP_Q55_A8-p4"> + <b>On the contrary,</b> A woman is connected with me by affinity from the very fact that she is married to a blood-relation of mine. Therefore in + whatever degree her husband is related to me by blood she is related to me in that same degree by affinity: and so the degrees + of affinity should be reckoned in the same number as the degrees of consanguinity. + </p> + <p id="XP_Q55_A8-p5"> + <b>I answer that,</b> Since the degrees of affinity are reckoned according to the degrees of consanguinity, the degrees of affinity must needs + be the same in number as those of consanguinity. Nevertheless, affinity being a lesser tie than consanguinity, both formerly + and now, a dispensation is more easily granted in the more remote degrees of affinity than in the remote degrees of consanguinity. + </p> + <p id="XP_Q55_A8-p6"> + <b>Reply to Objection 1:</b> The fact that the tie of affinity is less than the tie of consanguinity causes a difference in the kind of relationship but + not in the degrees. Hence this argument is not to the point. + </p> + <p id="XP_Q55_A8-p7"> + <b>Reply to Objection 2:</b> A man could not take his deceased brother's wife except, in the case when the latter died without issue, in order to raise + up seed to his brother. This was requisite at a time when religious worship was propagated by means of the propagation of + the flesh, which is not the case now. Hence it is clear that he did not marry her in his own person as it were, but as supplying + the place of his brother. + </p> + <p id="XP_Q55_A8-p8"></p> + <p id="XP_Q55_A8-p9"></p> + <a href="summa.XP_Q55_A7.html"></a> + <a href="summa.XP_Q55_A9.html"></a> + </div> + <div id="XP_Q55_A9" class="div4"> + <a href="summa.XP_Q55_A8.html"></a> + <a href="summa.XP_Q55_A10.html"></a> + <h4 id="XP_Q55_A9-p0.1">Whether a marriage contracted by persons with the degrees of affinity or consanguinity should always be annulled?</h4> + <p id="XP_Q55_A9-p1"></p> + <p id="XP_Q55_A9-p2"> + <b>Objection 1:</b> It would seem that a marriage contracted by persons within the degrees of affinity or consanguinity ought not always to be + annulled by divorce. For "what God hath joined together let no man put asunder" ( + <a class="scripRef" id="XP_Q55_A9-p2.1" href="./asv.html#Matt.19.6" target="asv">Mat. 19:6</a>). Since then it is understood that what the Church does God does, and since the Church sometimes through ignorance joins + such persons together, it would seem that if subsequently this came to knowledge they ought not to be separated. + </p> + <p id="XP_Q55_A9-p3"> + <b>Objection 2:</b> Further, the tie of marriage is less onerous than the tie of ownership. Now after a long time a man may acquire by prescription + the ownership of a thing of which he was not the owner. Therefore by length of time a marriage becomes good in law, although + it was not so before. + </p> + <p id="XP_Q55_A9-p4"> + <b>Objection 3:</b> Further, of like things we judge alike. Now if a marriage ought to be annulled on account of consanguinity, in the case when + two brothers marry two sisters, if one be separated on account of consanguinity, the other ought to be separated for the same + reason. and yet this is not seemly. Therefore a marriage ought not to be annulled on account of affinity or consanguinity. + </p> + <p id="XP_Q55_A9-p5"> + <b>On the contrary,</b> Consanguinity and affinity forbid the contracting of a marriage and void the contract. Therefore if affinity or consanguinity + be proved, the parties should be separated even though they have actually contracted marriage. + </p> + <p id="XP_Q55_A9-p6"> + <b>I answer that,</b> Since all copulation apart from lawful marriage is a mortal sin, which the Church uses all her endeavors to prevent, it belongs + to her to separate those between whom there cannot be valid marriage, especially those related by blood or by affinity, who + cannot without incest be united in the flesh. + </p> + <p id="XP_Q55_A9-p7"> + <b>Reply to Objection 1:</b> Although the Church is upheld by God's gift and authority, yet in so far as she is an assembly of men there results in her + acts something of human frailty which is not Divine. Therefore a union effected in the presence of the Church who is ignorant + of an impediment is not indissoluble by Divine authority, but is brought about contrary to Divine authority through man's + error, which being an error of fact excuses from sin, as long as it remains. Hence + when the impediment comes to the knowledge of the Church, she ought to sever the aforesaid union. + </p> + <p id="XP_Q55_A9-p8"> + <b>Reply to Objection 2:</b> That which cannot be done without sin is not ratified by any prescription, for as Innocent III says (Conc. Later. iv, can. + 50: cap. Non debent, De consang. et affinit.), "length of time does not diminish sin but increases it": nor can it in any + way legitimize a marriage which could not take place between unlawful persons. + </p> + <p id="XP_Q55_A9-p9"> + <b>Reply to Objection 3:</b> In contentious suits between two persons the verdict does not prejudice a third party, wherefore although the one brother's + marriage with the one sister is annulled on account of consanguinity, the Church does not therefore annul the other marriage + against which no action is taken. Yet in the tribunal of the conscience the other brother ought not on this account always + to be bound to put away his wife, because such accusations frequently proceed from + ill-will, and are proved by false witnesses. Hence he is not bound to form his conscience on what has been done about the + other marriage: but seemingly one ought to draw a distinction, because either he has certain knowledge of the impediment of + his marriage, or he has an opinion about it, or he has neither. In the first case, he can neither seek nor pay the debt, in + the second, he must pay, but not ask, in the third he can both pay and ask. + </p> + <p id="XP_Q55_A9-p10"></p> + <p id="XP_Q55_A9-p11"></p> + <a href="summa.XP_Q55_A8.html"></a> + <a href="summa.XP_Q55_A10.html"></a> + </div> + <div id="XP_Q55_A10" class="div4"> + <a href="summa.XP_Q55_A9.html"></a> + <a href="summa.XP_Q55_A11.html"></a> + <h4 id="XP_Q55_A10-p0.1">Whether it is necessary to proceed by way of accusation for the annulment of a marriage contracted by persons related to each + other by affinity or consanguinity? + </h4> + <p id="XP_Q55_A10-p1"></p> + <p id="XP_Q55_A10-p2"> + <b>Objection 1:</b> It would seem that one ought not to proceed by way of accusation in order to sever a marriage contracted between persons + related by affinity or consanguinity. Because accusation is preceded by inscription* whereby a man binds himself to suffer + the punishment of retaliation, if he fail to prove his accusation. [*The accuser was bound by Roman Law to endorse (se inscribere) + the writ of accusation; Cf. + <a id="XP_Q55_A10-p2.1" shape="rect" href="summa.SS_Q33_A7.html">SS, Q[33], A[7]</a>]. But this is not + required when a matrimonial separation is at issue. Therefore accusation has no place then. + </p> + <p id="XP_Q55_A10-p3"> + <b>Objection 2:</b> Further, in a matrimonial lawsuit only the relatives are heard, as stated in the text (Sent. iv, D, 41). But in accusations + even strangers are heard. Therefore in a suit for matrimonial separation the process is not by way of accusation. + </p> + <p id="XP_Q55_A10-p4"> + <b>Objection 3:</b> Further, if a marriage ought to be denounced this should be done especially where it is least difficult to sever the tie. + Now this is when only the betrothal has been contracted, and then it is not the marriage that is denounced. Therefore accusation + should never take place at any other time. + </p> + <p id="XP_Q55_A10-p5"> + <b>Objection 4:</b> Further, a man is not prevented from accusing by the fact that he does not accuse at once. But this happens in marriage, + for if he was silent at first when the marriage was being contracted, he cannot denounce the marriage afterwards without laying + himself open to suspicion. Therefore, etc. + </p> + <p id="XP_Q55_A10-p6"> + <b>On the contrary,</b> Whatever is unlawful can be denounced. But the marriage of relatives by affinity and consanguinity is unlawful. Therefore + it can be denounced. + </p> + <p id="XP_Q55_A10-p7"> + <b>I answer that,</b> Accusation is instituted lest the guilty be tolerated as though they were innocent. Now just as it happens through ignorance + of fact that a guilty man is reputed innocent, so it happens through ignorance of a circumstance that a certain fact is deemed + lawful whereas it is unlawful. Wherefore just as a man is sometimes accused, so is a fact sometimes an object of accusation. + It is in this way that a marriage is denounced, when through ignorance of an + impediment it is deemed lawful, whereas it is unlawful. + </p> + <p id="XP_Q55_A10-p8"> + <b>Reply to Objection 1:</b> The punishment of retaliation takes place when a person is accused of a crime, because then action is taken that he may be + punished. But when it is a deed that is accused, action is taken not for the punishment of the doer, but in order to prevent + what is unlawful. Hence in a matrimonial suit the accuser does not bind himself to a punishment. Moreover, the accusation + may be made either in words or in writing, provided the person who denounces the + marriage denounced, and the impediment for which it is denounced, be expressed. + </p> + <p id="XP_Q55_A10-p9"> + <b>Reply to Objection 2:</b> Strangers cannot know of the consanguinity except from the relatives, since these know with greater probability. Hence when + these are silent, a stranger is liable to be suspected of acting from ill-will unless he wish the relatives to prove his assertion. + Wherefore a stranger is debarred from accusing when there are relatives who are silent, and by whom he cannot prove his accusation. + On the other hand the relatives, however nearly related they be, + are not debarred from accusing, when the marriage is denounced on account of a perpetual impediment, which prevents the contracting + of the marriage and voids the contract. When, however, the accusation is based on a denial of the contract having taken place, + the parents should be debarred from witnessing as being liable to suspicion, except those of the party that is inferior in + rank and wealth, for they, one is inclined to think, would be willing for the marriage to stand. + </p> + <p id="XP_Q55_A10-p10"> + <b>Reply to Objection 3:</b> If the marriage is not yet contracted and there is only a betrothal, there can be no accusation, for what is not, cannot + be accused. But the impediment can be denounced lest the marriage be contracted. + </p> + <p id="XP_Q55_A10-p11"> + <b>Reply to Objection 4:</b> He who is silent at first is sometimes heard afterwards if he wish to denounce the marriage, and sometimes he is repulsed. + This is made clear by the Decretal (cap. Cum in tua, De his qui matrim. accus. possunt.) which runs as follows: "If an accuser + present himself after the marriage has been contracted, since he did not declare himself when according to custom, the banns + were published in church, we may rightly ask whether he should be allowed to + voice his accusation. In this matter we deem that a distinction should be made, so that if he who lodges information against + persons already married was absent from the diocese at the time of the aforesaid publication, or if for some other reason + this could not come to his knowledge, for instance if through exceeding stress of weakness and fever he was not in possession + of his faculties, or was of so tender years as to be too young to understand such matters, or if he were hindered by some + other lawful cause, his accusation should be heard. otherwise without doubt he should be repulsed as open to suspicion, unless + he swear that the information lodged by him came to his knowledge subsequently and that he is not moved by ill-will to make + his accusation." + </p> + <p id="XP_Q55_A10-p12"></p> + <p id="XP_Q55_A10-p13"></p> + <a href="summa.XP_Q55_A9.html"></a> + <a href="summa.XP_Q55_A11.html"></a> + </div> + <div id="XP_Q55_A11" class="div4"> + <a href="summa.XP_Q55_A10.html"></a> + <a href="summa.XP_Q56.html"></a> + <h4 id="XP_Q55_A11-p0.1">Whether in a suit of this kind one should proceed by hearing witnesses in the same way as in other suits?</h4> + <p id="XP_Q55_A11-p1"></p> + <p id="XP_Q55_A11-p2"> + <b>Objection 1:</b> It would seem that in such a suit one ought not to proceed by hearing witnesses, in the same way as in other suits where + any witnesses may be called provided they be unexceptionable. But here strangers are not admitted, although they be unexceptionable. + Therefore, etc. + </p> + <p id="XP_Q55_A11-p3"> + <b>Objection 2:</b> Further, witnesses who are suspected of private hatred or love are debarred from giving evidence. Now relatives are especially + open to suspicion of love for one party, and hatred for the other. Therefore their evidence should not be taken. + </p> + <p id="XP_Q55_A11-p4"> + <b>Objection 3:</b> Further, marriage is a more favorable suit than those others in which purely corporeal questions are at stake. Now in these + the same person cannot be both accuser and witness. Neither therefore can this be in a matrimonial suit; and so it would appear + that it is not right to proceed by hearing witnesses in a suit of this kind. + </p> + <p id="XP_Q55_A11-p5"> + <b>On the contrary,</b> Witnesses are called in a suit in order to give the judge evidence concerning matters of doubt. Now evidence should be afforded + the judge in this suit as in other suits, since he must not pronounce a hasty judgment on what is not proven. Therefore here + as in other lawsuits witnesses should be called. + </p> + <p id="XP_Q55_A11-p6"> + <b>I answer that,</b> In this kind of lawsuit as in others, truth must be unveiled by witnesses: yet, as the lawyers say, there are many things + peculiar to this suit; namely that "the same person can be accuser and witness; that evidence is not taken 'on oath of calumny,' + since it is a quasi-spiritual lawsuit; that relatives are allowed as witnesses; that the juridical order is not perfectly + observed, since if the denunciation has been made, and the suit is uncontested, the + defendant may be excommunicated if contumacious; that hearsay evidence is admitted; and that witnesses may be called after + the publication of the names of the witnesses." All this is in order to prevent the sin that may occur in such a union (cap. + Quoties aliqui; cap. Super eo, De test. et attest.; cap. Literas, De juram. calumn.). + </p> + <p id="XP_Q55_A11-p7"> This suffices for the Replies to the Objections.</p> + <p id="XP_Q55_A11-p8"></p> + <p id="XP_Q55_A11-p9"></p> + <a href="summa.XP_Q55_A10.html"></a> + <a href="summa.XP_Q56.html"></a> + </div> + <a href="summa.XP_Q54_A4.html"></a> + <a href="summa.XP_Q55_A1.html"></a> + </div> + <div id="XP_Q56" class="div3"> + <a href="summa.XP_Q55_A11.html"></a> + <a href="summa.XP_Q56_A1.html"></a> + <h3 id="XP_Q56-p0.1">OF THE IMPEDIMENT OF SPIRITUAL RELATIONSHIP (FIVE ARTICLES)</h3> + <p id="XP_Q56-p1"></p> + <p id="XP_Q56-p2"> We must now consider the impediment of spiritual relationship: under which head there are five points of inquiry:</p> + <p id="XP_Q56-p3"> (1) Whether spiritual relationship is an impediment to marriage?</p> + <p id="XP_Q56-p4"> (2) From what cause is it contracted?</p> + <p id="XP_Q56-p5"> (3) Between whom?</p> + <p id="XP_Q56-p6"> (4) Whether it passes from husband to wife?</p> + <p id="XP_Q56-p7"> (5) Whether it passes to the father's carnal children?</p> + <div id="XP_Q56_A1" class="div4"> + <a href="summa.XP_Q56.html"></a> + <a href="summa.XP_Q56_A2.html"></a> + <h4 id="XP_Q56_A1-p0.1">Whether spiritual relationship is an impediment to marriage?</h4> + <p id="XP_Q56_A1-p1"></p> + <p id="XP_Q56_A1-p2"> + <b>Objection 1:</b> It would seem that spiritual relationship is not an impediment to marriage. For nothing is an impediment to marriage save + what is contrary to a marriage good. Now spiritual relationship is not contrary to a marriage good. Therefore it is not an + impediment to marriage. + </p> + <p id="XP_Q56_A1-p3"> + <b>Objection 2:</b> Further, a perpetual impediment to marriage cannot stand together with marriage. But spiritual relationship sometimes stands + together with marriage, as stated in the text (Sent. iv, D, 42), as when a man in a case of necessity baptizes his own child, + for then he contracts a spiritual relationship with his wife, and yet the marriage is not dissolved. Therefore spiritual relationship + is not an impediment to marriage. + </p> + <p id="XP_Q56_A1-p4"> + <b>Objection 3:</b> Further, union of the spirit does not pass to the flesh. But marriage is a union of the flesh. Therefore since spiritual + relationship is a union of the spirit, it cannot become an impediment to marriage. + </p> + <p id="XP_Q56_A1-p5"> + <b>Objection 4:</b> Further, contraries have not the same effects. Now spiritual relationship is apparently contrary to disparity of worship, + since spiritual relationship is a kinship resulting from the giving of a sacrament or the intention of so doing [*See next + Article, ad 3]: whereas disparity of worship consists in the lack of a sacrament, as stated above ( + <a id="XP_Q56_A1-p5.1" shape="rect" href="summa.XP_Q50_A1.html">Q[50], A[1]</a>). Since then disparity of worship is an impediment to matrimony, it would seem that + spiritual relationship has not this effect. + </p> + <p id="XP_Q56_A1-p6"> + <b>On the contrary,</b> The holier the bond, the more is it to be safeguarded. Now a spiritual bond is holier than a bodily tie: and since the tie + of bodily kinship is an impediment to marriage, it follows that spiritual relationship should also be an impediment. + </p> + <p id="XP_Q56_A1-p7"> Further, in marriage the union of souls ranks higher than union of bodies, for it precedes it. Therefore with much more reason + can a spiritual relationship hinder marriage than bodily relationship does. + </p> + <p id="XP_Q56_A1-p8"> + <b>I answer that,</b> Just as by carnal procreation man receives natural being, so by the sacraments he receives the spiritual being of grace. + Wherefore just as the tie that is contracted by carnal procreation is natural to man, inasmuch as he is a natural being, so + the tie that is contracted from the reception of the sacraments is after a fashion natural to man, inasmuch as he is a member + of the Church. Therefore as carnal relationship hinders marriage, even so does spiritual + relationship by command of the Church. We must however draw a distinction in reference to spiritual relationship, since either + it precedes or follows marriage. If it precedes, it hinders the contracting of marriage and voids the contract. If it follows, + it does not dissolve the marriage bond: but we must draw a further distinction in reference to the marriage act. For either + the spiritual relationship is contracted in a case of necessity, as when a father baptizes his child who is at the point + of death---and then it is not an obstacle to the marriage act on either side---or it is contracted without any necessity and + through ignorance, in which case if the person whose action has occasioned the relationship acted with due caution, it is + the same with him as in the former case---or it is contracted purposely and without any necessity, and then the person whose + action has occasioned the relationship, loses the right to ask for the debt; but is bound to pay if asked, because the fault + of + the one party should not be prejudicial to the other. + </p> + <p id="XP_Q56_A1-p9"> + <b>Reply to Objection 1:</b> Although spiritual relationship does not hinder any of the chief marriage goods, it hinders one of the secondary goods, namely + the extension of friendship, because spiritual relationship is by itself a sufficient reason for friendship: wherefore intimacy + and friendship with other persons need to be sought by means of marriage. + </p> + <p id="XP_Q56_A1-p10"> + <b>Reply to Objection 2:</b> Marriage is a lasting bond, wherefore no supervening impediment can sever it. Hence it happens sometimes that marriage and + an impediment to marriage stand together, but not if the impediment precedes. + </p> + <p id="XP_Q56_A1-p11"> + <b>Reply to Objection 3:</b> In marriage there is not only a bodily but also a spiritual union: and consequently kinship of spirit proves an impediment + thereto, without spiritual kinship having to pass into a bodily relationship. + </p> + <p id="XP_Q56_A1-p12"> + <b>Reply to Objection 4:</b> There is nothing unreasonable in two things that are contrary to one another being contrary to the same thing, as great and + small are contrary to equal. Thus disparity of worship and spiritual relationship are opposed to marriage, because in one + the distance is greater, and in the other less, than required by marriage. Hence there is an impediment to marriage in either + case. + </p> + <p id="XP_Q56_A1-p13"></p> + <p id="XP_Q56_A1-p14"></p> + <a href="summa.XP_Q56.html"></a> + <a href="summa.XP_Q56_A2.html"></a> + </div> + <div id="XP_Q56_A2" class="div4"> + <a href="summa.XP_Q56_A1.html"></a> + <a href="summa.XP_Q56_A3.html"></a> + <h4 id="XP_Q56_A2-p0.1">Whether spiritual relationship is contracted by baptism only?</h4> + <p id="XP_Q56_A2-p1"></p> + <p id="XP_Q56_A2-p2"> + <b>Objection 1:</b> It would seem that spiritual relationship is contracted by Baptism only. For as bodily kinship is to bodily birth, so is + spiritual kinship to spiritual birth. Now Baptism alone is called spiritual birth. Therefore spiritual kinship is contracted + by Baptism only, even as only by carnal birth is carnal kinship contracted. + </p> + <p id="XP_Q56_A2-p3"> + <b>Objection 2:</b> Further, a character is imprinted in order as in Confirmation. But spiritual relationship does not result from receiving + orders. Therefore it does not result from Confirmation but only from Baptism. + </p> + <p id="XP_Q56_A2-p4"> + <b>Objection 3:</b> Further, sacraments are more excellent than sacramentals. Now spiritual relationship does not result from certain sacraments, + for instance from Extreme Unction. Much less therefore does it result from catechizing, as some maintain. + </p> + <p id="XP_Q56_A2-p5"> + <b>Objection 4:</b> Further, many other sacramentals are attached to Baptism besides catechizing. Therefore spiritual relationship is not contracted + from catechism any more than from the others. + </p> + <p id="XP_Q56_A2-p6"> + <b>Objection 5:</b> Further, prayer is no less efficacious than instruction of catechism for advancement in good. But spiritual relationship + does not result from prayer. Therefore it does not result from catechism. + </p> + <p id="XP_Q56_A2-p7"> + <b>Objection 6:</b> Further, the instruction given to the baptized by preaching to them avails no less than preaching to those who are not yet + baptized. But no spiritual relationship results from preaching. Neither therefore does it result from catechism. + </p> + <p id="XP_Q56_A2-p8"> + <b>Objection 7:</b> On the other hand, It is written ( + <a class="scripRef" id="XP_Q56_A2-p8.1" href="./asv.html#iCor.4.15" target="asv">1 Cor. 4:15</a>): "In Christ Jesus by the gospel I have begotten you." Now spiritual birth causes spiritual relationship. Therefore spiritual + relationship results from the preaching of the gospel and instruction, and not only from Baptism. + </p> + <p id="XP_Q56_A2-p9"> + <b>Objection 8:</b> Further, as original sin is taken away by Baptism, so is actual sin taken away by Penance. Therefore just as Baptism causes + spiritual relationship, so also does Penance. + </p> + <p id="XP_Q56_A2-p10"> + <b>Objection 9:</b> Further, "father" denotes relationship. Now a man is called another's spiritual father in respect of Penance, teaching, pastoral + care and many other like things. Therefore spiritual relationship is contracted from many other sources besides Baptism and + Confirmation. + </p> + <p id="XP_Q56_A2-p11"> + <b>I answer that,</b> There are three opinions on this question. Some say that as spiritual regeneration is bestowed by the sevenfold grace of + the Holy Ghost, it is caused by means of seven things, beginning with the first taste of blessed salt and ending with Confirmation + given by the bishop: and they say that spiritual relationship is contracted by each of these seven things. But this does not + seem reasonable, for carnal relationship is not contracted except by a perfect act of + generation. Wherefore affinity is not contracted except there be mingling of seeds, from which it is possible for carnal generation + to follow. Now spiritual generation is not perfected except by a sacrament: wherefore it does not seem fitting for spiritual + relationship to be contracted otherwise than through a sacrament. Hence others say that spiritual relationship is only contracted + through three sacraments, namely catechism, Baptism and Confirmation, but these do not apparently know the + meaning of what they say, since catechism is not a sacrament but a sacramental. Wherefore others say that it is contracted + through two sacraments only, namely Confirmation and Baptism, and this is the more common opinion. Some however of these say + that catechism is a weak impediment, since it hinders the contracting of marriage but does not void the contract. + </p> + <p id="XP_Q56_A2-p12"> + <b>Reply to Objection 1:</b> Carnal birth is twofold. The first is in the womb, wherein that which is born is a weakling and cannot come forth without + danger: and to this birth regeneration by Baptism is likened; wherein a man is regenerated as though yet needing to be fostered + in the womb of the Church. The second is birth from out of the womb, when that which was born in the womb is so far strengthened + that it can without danger face the outer world which has a natural + corruptive tendency. To this is likened Confirmation, whereby man being strengthened goes forth abroad to confess the name + of Christ. Hence spiritual relationship is fittingly contracted through both these sacraments. + </p> + <p id="XP_Q56_A2-p13"> + <b>Reply to Objection 2:</b> The effect of the sacrament of order is not regeneration but the bestowal of power, for which reason it is not conferred + on women, and consequently no impediment to marriage can arise therefrom. Hence this kind of relationship does not count. + </p> + <p id="XP_Q56_A2-p14"> + <b>Reply to Objection 3:</b> In catechism one makes a profession of future Baptism, just as in betrothal one enters an engagement of future marriage. + Wherefore just as in betrothal a certain kind of propinquity is contracted, so is there in catechism, whereby marriage is + rendered at least unlawful, as some say; but not in the other sacraments. + </p> + <p id="XP_Q56_A2-p15"> + <b>Reply to Objection 4:</b> There is not made a profession of faith in the other sacramentals of Baptism, as in catechism: wherefore the comparison fails. + </p> + <p id="XP_Q56_A2-p16"> The same answer applies to the Fifth and Sixth Objections.</p> + <p id="XP_Q56_A2-p17"> + <b>Reply to Objection 7:</b> The Apostle had instructed them in the faith by a kind of catechism; and consequently his instruction was directed to their + spiritual birth. + </p> + <p id="XP_Q56_A2-p18"> + <b>Reply to Objection 8:</b> Properly speaking a spiritual relationship is not contracted through the sacrament of Penance. Wherefore a priest's son can + marry a woman whose confession the priest has heard, else in the whole parish he could not find a woman whom he could marry. + Nor does it matter that by Penance actual sin is taken away, for this is not a kind of birth, but a kind of healing. Nevertheless + Penance occasions a kind of bond between the woman penitent and the priest, + that has a resemblance to spiritual relationship, so that if he have carnal intercourse with her, he sins as grievously as + if she were his spiritual daughter. The reason of this is that the relations between priest and penitent are most intimate, + and consequently in order to remove the occasion of sin this prohibition [*Can. Omnes quos, and seqq., Caus. xxx] was made. + </p> + <p id="XP_Q56_A2-p19"> + <b>Reply to Objection 9:</b> A spiritual father is so called from his likeness to a carnal father. Now as the Philosopher says (Ethic. viii, 2) a carnal + father gives his child three things, being nourishment and instruction: and consequently a person's spiritual father is so + called from one of these three things. Nevertheless he has not, through being his spiritual father, a spiritual relationship + with him, unless he is like a (carnal) father as to generation which is the way to + being. This solution may also be applied to the foregoing Eighth Objection. + </p> + <p id="XP_Q56_A2-p20"></p> + <p id="XP_Q56_A2-p21"></p> + <a href="summa.XP_Q56_A1.html"></a> + <a href="summa.XP_Q56_A3.html"></a> + </div> + <div id="XP_Q56_A3" class="div4"> + <a href="summa.XP_Q56_A2.html"></a> + <a href="summa.XP_Q56_A4.html"></a> + <h4 id="XP_Q56_A3-p0.1">Whether spiritual relationship is contracted between the person baptized and the person who raises him from the sacred font?</h4> + <p id="XP_Q56_A3-p1"></p> + <p id="XP_Q56_A3-p2"> + <b>Objection 1:</b> It would seem that spiritual relationship is not contracted between the person baptized and the person who raises him from + the sacred font. For in carnal generation carnal relationship is contracted only on the part of the person of whose seed the + child is born; and not on the part of the person who receives the child after birth. Therefore neither is spiritual relationship + contracted between the receiver and the received at the sacred font. + </p> + <p id="XP_Q56_A3-p3"> + <b>Objection 2:</b> Further, he who raises a person from the sacred font is called {anadochos} by Dionysius (Eccl. Hier. ii): and it is part + of his office to instruct the child. But instruction is not a sufficient cause of spiritual relationship, as stated above + + <a id="XP_Q56_A3-p3.1" shape="rect" href="summa.XP_Q56_A2.html">(A[2])</a>. Therefore no relationship is contracted between him and the person whom he raises from the sacred font. + </p> + <p id="XP_Q56_A3-p4"> + <b>Objection 3:</b> Further, it may happen that someone raises a person from the sacred font before he himself is baptized. Now spiritual relationship + is not contracted in such a case, since one who is not baptized is not capable of spirituality. Therefore raising a person + from the sacred font is not sufficient to contract a spiritual relationship. + </p> + <p id="XP_Q56_A3-p5"> + <b>On the contrary,</b> There is the definition of spiritual relationship quoted above + <a id="XP_Q56_A3-p5.1" shape="rect" href="summa.XP_Q56_A1.html">(A[1])</a>, as also the authorities mentioned in the text (Sent. iv, D, 42). + </p> + <p id="XP_Q56_A3-p6"> + <b>I answer that,</b> Just as in carnal generation a person is born of a father and mother, so in spiritual generation a person is born again a + son of God as Father, and of the Church as Mother. Now while he who confers the sacrament stands in the place of God, whose + instrument and minister he is, he who raises a baptized person from the sacred font, or holds the candidate for Confirmation, + stands in the place of the Church. Therefore spiritual relationship is contracted with + both. + </p> + <p id="XP_Q56_A3-p7"> + <b>Reply to Objection 1:</b> Not only the father, of whose seed the child is born, is related carnally to the child, but also the mother who provides + the matter, and in whose womb the child is begotten. So too the godparent who in place of the Church offers and raises the + candidate for Baptism and holds the candidate for Confirmation contracts spiritual relationship. + </p> + <p id="XP_Q56_A3-p8"> + <b>Reply to Objection 2:</b> He contracts spiritual relationship not by reason of the instruction it is his duty to give, but on account of the spiritual + birth in which he co-operates. + </p> + <p id="XP_Q56_A3-p9"> + <b>Reply to Objection 3:</b> A person who is not baptized cannot raise anyone from the sacred font, since he is not a member of the Church whom the godparent + in Baptism represents: although he can baptize, because he is a creature of God Whom the baptizer represents. And yet he cannot + contract a spiritual relationship, since he is void of spiritual life to which man is first born by receiving Baptism. + </p> + <p id="XP_Q56_A3-p10"></p> + <p id="XP_Q56_A3-p11"></p> + <a href="summa.XP_Q56_A2.html"></a> + <a href="summa.XP_Q56_A4.html"></a> + </div> + <div id="XP_Q56_A4" class="div4"> + <a href="summa.XP_Q56_A3.html"></a> + <a href="summa.XP_Q56_A5.html"></a> + <h4 id="XP_Q56_A4-p0.1">Whether spiritual relationship passes from husband to wife?</h4> + <p id="XP_Q56_A4-p1"></p> + <p id="XP_Q56_A4-p2"> + <b>Objection 1:</b> It would seem that spiritual relationship does not pass from husband to wife. For spiritual and bodily union are disparate + and differ generically. Therefore carnal union which is between husband and wife cannot be the means of contracting a spiritual + relationship. + </p> + <p id="XP_Q56_A4-p3"> + <b>Objection 2:</b> Further, the godfather and godmother have more in common in the spiritual birth that is the cause of spiritual relationship, + than a husband, who is godfather, has with his wife. Now godfather and godmother do not hereby contract spiritual relationship. + Therefore neither does a wife contract a spiritual relationship through her husband being godfather to someone. + </p> + <p id="XP_Q56_A4-p4"> + <b>Objection 3:</b> Further, it may happen that the husband is baptized, and his wife not, for instance when he is converted from unbelief without + his wife being converted. Now spiritual relationship cannot be contracted by one who is not baptized. Therefore it does not + always pass from husband to wife. + </p> + <p id="XP_Q56_A4-p5"> + <b>Objection 4:</b> Further, husband and wife together can raise a person from the sacred font, since no law forbids it. If therefore spiritual + relationship passed from husband to wife, it would follow that each of them is twice godfather or godmother of the same individual: + which is absurd. + </p> + <p id="XP_Q56_A4-p6"> + <b>On the contrary,</b> Spiritual goods are more communicable than bodily goods. But the bodily consanguinity of the husband passes to his wife by + affinity. Much more therefore does spiritual relationship. + </p> + <p id="XP_Q56_A4-p7"> + <b>I answer that,</b> A may become co-parent with B in two ways. First, by the act of another (B), who baptizes A's child, or raises him in Baptism. + In this way spiritual relationship does not pass from husband to wife, unless perchance it be his wife's child, for then she + contracts spiritual relationship directly, even as her husband. Secondly, by his own act, for instance when he raises B's + child from the sacred font, and thus spiritual relationship passes to the wife if he has + already had carnal knowledge of her, but not if the marriage be not yet consummated, since they are not as yet made one flesh: + and this is by way of a kind of affinity; wherefore it would seem on the same grounds to pass to a woman of whom he has carnal + knowledge, though she be not his wife. Hence the verse: "I may not marry my own child's godmother, nor the mother of my godchild: + but I may marry the godmother of my wife's child." + </p> + <p id="XP_Q56_A4-p8"> + <b>Reply to Objection 1:</b> From the fact that corporal and spiritual union differ generically we may conclude that the one is not the other, but not + that the one cannot cause the other, since things of different genera sometimes cause one another either directly or indirectly. + </p> + <p id="XP_Q56_A4-p9"> + <b>Reply to Objection 2:</b> The godfather and godmother of the same person are not united in that person's spiritual birth save accidentally, since one + of them would be self-sufficient for the purpose. Hence it does not follow from this that any spiritual relationship results + between them whereby they are hindered from marrying one another. Hence the verse: + </p> + <p id="XP_Q56_A4-p10"> "Of two co-parents one is always spiritual, the other carnal: this rule is infallible."</p> + <p id="XP_Q56_A4-p11"> On the other hand, marriage by itself makes husband and wife one flesh: wherefore the comparison fails.</p> + <p id="XP_Q56_A4-p12"> + <b>Reply to Objection 3:</b> If the wife be not baptized, the spiritual relationship will not reach her, because she is not a fit subject, and not because + spiritual relationship cannot pass from husband to wife through marriage. + </p> + <p id="XP_Q56_A4-p13"> + <b>Reply to Objection 4:</b> Since no spiritual relationship results between godfather and godmother, nothing prevents husband and wife from raising together + someone from the sacred font. Nor is it absurd that the wife become twice godmother of the same person from different causes, + just as it is possible for her to be connected in carnal relationship both by affinity and consanguinity to the same person. + </p> + <p id="XP_Q56_A4-p14"></p> + <p id="XP_Q56_A4-p15"></p> + <a href="summa.XP_Q56_A3.html"></a> + <a href="summa.XP_Q56_A5.html"></a> + </div> + <div id="XP_Q56_A5" class="div4"> + <a href="summa.XP_Q56_A4.html"></a> + <a href="summa.XP_Q57.html"></a> + <h4 id="XP_Q56_A5-p0.1">Whether spiritual relationship passes to the godfather's carnal children?</h4> + <p id="XP_Q56_A5-p1"></p> + <p id="XP_Q56_A5-p2"> + <b>Objection 1:</b> It would seem that spiritual relationship does not pass to the godfather's carnal children. For no degrees are assigned to + spiritual relationship. Yet there would be degrees if it passed from father to son, since the person begotten involves a change + of degree, as stated above ( + <a id="XP_Q56_A5-p2.1" shape="rect" href="summa.XP_Q55_A5.html">Q[55], A[5]</a>). Therefore it does not pass to the godfather's carnal sons. + </p> + <p id="XP_Q56_A5-p3"> + <b>Objection 2:</b> Further, father and son are related in the same degree as brother and brother. If therefore spiritual relationship passes + from father to son, it will equally pass from brother to brother: and this is false. + </p> + <p id="XP_Q56_A5-p4"> + <b>On the contrary,</b> This is proved by authority quoted in the text (Sent. iv, D, 42). + </p> + <p id="XP_Q56_A5-p5"> + <b>I answer that,</b> A son is something of his father and not conversely (Ethic. viii, 12): wherefore spiritual relationship passes from father + to his carnal son and not conversely. Thus it is clear that there are three spiritual relationships: one called spiritual + fatherhood between godfather and godchild; another called co-paternity between the godparent and carnal parent of the same + person; and the third is called spiritual brotherhood, between godchild and the carnal + children of the same parent. Each of these hinders the contracting of marriage and voids the contract. + </p> + <p id="XP_Q56_A5-p6"> + <b>Reply to Objection 1:</b> The addition of a person by carnal generation entails a degree with regard to a person connected by the same kind of relationship, + but not with regard to one connected by another kind of relationship. Thus a son is connected with his father's wife in the + same degree as his father, but by another kind of relationship. Now spiritual relationship differs in kind from carnal. Wherefore + a godson is not related to his godfather's carnal son in the same + degree as the latter's father is related to him, through whom the spiritual relationship is contracted. Consequently it does + not follow that spiritual relationship admits of degrees. + </p> + <p id="XP_Q56_A5-p7"> + <b>Reply to Objection 2:</b> A man is not part of his brother as a son is of his father. But a wife is part of her husband, since she is made one with + him in body. Consequently the relationship does not pass from brother to brother, whether the brother be born before or after + spiritual brotherhood. + </p> + <p id="XP_Q56_A5-p8"></p> + <p id="XP_Q56_A5-p9"></p> + <a href="summa.XP_Q56_A4.html"></a> + <a href="summa.XP_Q57.html"></a> + </div> + <a href="summa.XP_Q55_A11.html"></a> + <a href="summa.XP_Q56_A1.html"></a> + </div> + <div id="XP_Q57" class="div3"> + <a href="summa.XP_Q56_A5.html"></a> + <a href="summa.XP_Q57_A1.html"></a> + <h3 id="XP_Q57-p0.1">OF LEGAL RELATIONSHIP, WHICH IS BY ADOPTION (THREE ARTICLES)</h3> + <p id="XP_Q57-p1"></p> + <p id="XP_Q57-p2"> We must now consider legal relationship which is by adoption. Under this head there are three points of inquiry:</p> + <p id="XP_Q57-p3"> (1) What is adoption?</p> + <p id="XP_Q57-p4"> (2) Whether one contracts through it a tie that is an impediment to marriage?</p> + <p id="XP_Q57-p5"> (3) Between which persons is this tie contracted.</p> + <div id="XP_Q57_A1" class="div4"> + <a href="summa.XP_Q57.html"></a> + <a href="summa.XP_Q57_A2.html"></a> + <h4 id="XP_Q57_A1-p0.1">Whether adoption is rightly defined?</h4> + <p id="XP_Q57_A1-p1"></p> + <p id="XP_Q57_A1-p2"> + <b>Objection 1:</b> It would seem that adoption is not rightly defined: "Adoption is the act by which a person lawfully takes for his child or + grandchild and so on one who does not belong to him." For the child should be subject to its father. Now, sometimes the person + adopted does not come under the power of the adopter. Therefore adoption is not always the taking of someone as a child. + </p> + <p id="XP_Q57_A1-p3"> + <b>Objection 2:</b> Further, "Parents should lay up for their children" ( + <a class="scripRef" id="XP_Q57_A1-p3.1" href="./asv.html#iiCor.12.14" target="asv">2 Cor. 12:14</a>). But the adoptive father does not always necessarily lay up for his adopted child, since sometimes the adopted does not + inherit the goods of the adopter. Therefore adoption is not the taking of someone as a child. + </p> + <p id="XP_Q57_A1-p4"> + <b>Objection 3:</b> Further, adoption, whereby someone is taken as a child, is likened to natural procreation whereby a child is begotten naturally. + Therefore whoever is competent to beget a child naturally is competent to adopt. But this is untrue, since neither one who + is not his own master, nor one who is not twenty-five years of age, nor a woman can adopt, and yet they can beget a child + naturally. Therefore, properly speaking, adoption is not the taking of someone as a + child. + </p> + <p id="XP_Q57_A1-p5"> + <b>Objection 4:</b> Further, to take as one's child one who is not one's own seems necessary in order to supply the lack of children begotten + naturally. Now one who is unable to beget, through being a eunuch or impotent, suffers especially from the absence of children + of his own begetting. Therefore he is especially competent to adopt someone as his child. But he is not competent to adopt. + Therefore adoption is not the taking of someone as one's child. + </p> + <p id="XP_Q57_A1-p6"> + <b>Objection 5:</b> Further, in spiritual relationship, where someone is taken as a child without carnal procreation, it is of no consequence + whether an older person become the father of a younger, or "vice versa," since a youth can baptize an old man and "vice versa." + Therefore, if by adoption a person is taken as a child without being carnally begotten, it would make no difference whether + an older person adopted a younger, or a younger an older person; which is not true. + Therefore the same conclusion follows. + </p> + <p id="XP_Q57_A1-p7"> + <b>Objection 6:</b> Further, there is no difference of degree between adopted and adopter. Therefore whoever is adopted, is adopted as a child; + and consequently it is not right to say that one may be adopted as a grandchild. + </p> + <p id="XP_Q57_A1-p8"> + <b>Objection 7:</b> Further, adoption is a result of love, wherefore God is said to have adopted us as children through charity. Now we should + have greater charity towards those who are connected with us than towards strangers. Therefore adoption should be not of a + stranger but of someone connected with us. + </p> + <p id="XP_Q57_A1-p9"> + <b>I answer that,</b> Art imitates nature and supplies the defect of nature where nature is deficient. Hence just as a man begets by natural procreation, + so by positive law which is the art of what is good and just, one person can take to himself another as a child in likeness + to one that is his child by nature, in order to take the place of the children he has lost, this being the chief reason why + adoption was introduced. And since taking implies a term "wherefrom," for which + reason the taker is not the thing taken, it follows that the person taken as a child must be a stranger. Accordingly, just + as natural procreation has a term "whereto," namely the form which is the end of generation, and a term "wherefrom," namely + the contrary form, so legal generation has a term "whereto," namely a child or grandchild, and a term "wherefrom," namely, + a stranger. Consequently the above definition includes the genus of adoption, for it is described as a "lawful taking," and + the + term "wherefrom," since it is said to be the taking of "a stranger," and the term "whereto," because it says, "as a child + or grandchild ." + </p> + <p id="XP_Q57_A1-p10"> + <b>Reply to Objection 1:</b> The sonship of adoption is an imitation of natural sonship. Wherefore there are two species of adoption, one which imitates + natural sonship perfectly, and this is called "arrogatio," whereby the person adopted is placed under the power of the adopter; + and one who is thus adopted inherits from his adopted father if the latter die intestate, nor can his father legally deprive + him of a fourth part of his inheritance. But no one can adopt in this way + except one who is his own master, one namely who has no father or, if he has, is of age. There can be no adoption of this + kind without the authority of the sovereign. The other kind of adoption imitates natural sonship imperfectly, and is called + "simple adoption," and by this the adopted does not come under the power of the adopter: so that it is a disposition to perfect + adoption, rather than perfect adoption itself. In this way even one who is not his own master can adopt, without the consent + of the sovereign and with the authority of a magistrate: and one who is thus adopted does not inherit the estate of the adopter, + nor is the latter bound to bequeath to him any of his goods in his will, unless he will. + </p> + <p id="XP_Q57_A1-p11"> This suffices for the Reply to the Second Objection.</p> + <p id="XP_Q57_A1-p12"> + <b>Reply to Objection 3:</b> Natural procreation is directed to the production of the species; wherefore anyone in whom the specific nature is not hindered + is competent to be able to beget naturally. But adoption is directed to hereditary succession, wherefore those alone are competent + to adopt who have the power to dispose of their estate. Consequently one who is not his own master, or who is less than twenty-five + years of age, or a woman, cannot adopt anyone, except by special + permission of the sovereign. + </p> + <p id="XP_Q57_A1-p13"> + <b>Reply to Objection 4:</b> An inheritance cannot pass to posterity through one who has a perpetual impediment from begetting: hence for this very reason + it ought to pass to those who ought to succeed to him by right of relationship; and consequently he cannot adopt, as neither + can he beget. Moreover greater is sorrow for children lost than for children one has never had. Wherefore those who are impeded + from begetting need no solace for their lack of children as those who have + had and have lost them, or could have had them but have them not by reason of some accidental impediment. + </p> + <p id="XP_Q57_A1-p14"> + <b>Reply to Objection 5:</b> Spiritual relationship is contracted through a sacrament whereby the faithful are born again in Christ, in Whom there is + no difference between male and female, bondman and free, youth and old age ( + <a class="scripRef" id="XP_Q57_A1-p14.1" href="./asv.html#Gal.3.28" target="asv">Gal. 3:28</a>; + <a class="scripRef" id="XP_Q57_A1-p14.2" href="./asv.html#Col.3.11" target="asv"> Col. 3:11</a>). Wherefore anyone can indifferently become another's godfather. But adoption aims at hereditary succession and a certain + subjection of the adopted to the adopter: and it is not fitting that + older persons should be subjected to younger in the care of the household. Consequently a younger person cannot adopt an older; + but according to law the adopted person must be so much younger than the adopter, that he might have been the child of his + natural begetting. + </p> + <p id="XP_Q57_A1-p15"> + <b>Reply to Objection 6:</b> One may lose one's grandchildren and so forth even as one may lose one's children. Wherefore since adoption was introduced + as a solace for children lost, just as someone may be adopted in place of a child, so may someone be adopted in place of a + grandchild and so on. + </p> + <p id="XP_Q57_A1-p16"> + <b>Reply to Objection 7:</b> A relative ought to succeed by right of relationship; and therefore such a person is not competent to be chosen to succeed + by adoption. And if a relative, who is not competent to inherit the estate, be adopted, he is adopted not as a relative, but + as a stranger lacking the right of succeeding to the adopter's goods. + </p> + <p id="XP_Q57_A1-p17"></p> + <p id="XP_Q57_A1-p18"></p> + <a href="summa.XP_Q57.html"></a> + <a href="summa.XP_Q57_A2.html"></a> + </div> + <div id="XP_Q57_A2" class="div4"> + <a href="summa.XP_Q57_A1.html"></a> + <a href="summa.XP_Q57_A3.html"></a> + <h4 id="XP_Q57_A2-p0.1">Whether a tie that is an impediment to marriage is contracted through adoption?</h4> + <p id="XP_Q57_A2-p1"></p> + <p id="XP_Q57_A2-p2"> + <b>Objection 1:</b> It would seem that there is not contracted through adoption a tie that is an impediment to marriage. For spiritual care is + more excellent than corporeal care. But no tie of relationship is contracted through one's being subjected to another's spiritual + care: else all those who dwell in the parish would be related to the parish priest and would be unable to marry his son. Neither + therefore can this result from adoption which places the adopted under the care of + the adopter. + </p> + <p id="XP_Q57_A2-p3"> + <b>Objection 2:</b> Further, no tie of relationship results from persons conferring a benefit on another. But adoption is nothing but the conferring + of a benefit. Therefore no tie of relationship results from adoption. + </p> + <p id="XP_Q57_A2-p4"> + <b>Objection 3:</b> Further, a natural father provides for his child chiefly in three things, as the Philosopher states (Ethic. viii, 11,12), + namely by giving him being, nourishment and education; and hereditary succession is subsequent to these. Now no tie of relationship + is contracted by one's providing for a person's nourishment and education, else a person would be related to his nourishers, + tutors and masters, which is false. Therefore neither is any relationship contracted + through adoption by which one inherits another's estate. + </p> + <p id="XP_Q57_A2-p5"> + <b>Objection 4:</b> Further, the sacraments of the Church are not subject to human laws. Now marriage is a sacrament of the Church. Since then + adoption was introduced by human law, it would seem that a tie contracted from adoption cannot be an impediment to marriage. + </p> + <p id="XP_Q57_A2-p6"> + <b>On the contrary,</b> Relationship is an impediment to marriage. Now a kind of relationship results from adoption, namely legal relationship, as + evidenced by its definition, for "legal relationship is a connection arising out of adoption." Therefore adoption results + in a tie which is an impediment to marriage. + </p> + <p id="XP_Q57_A2-p7"> Further, the same is proved by the authorities quoted in the text (Sent. iv, D, 42).</p> + <p id="XP_Q57_A2-p8"> + <b>I answer that,</b> The Divine law especially forbids marriage between those persons who have to live together lest, as Rabbi Moses observes + (Doc. Perp. iii, 49), if it were lawful for them to have carnal intercourse, there should be more room for concupiscence to + the repression of which marriage is directed. And since the adopted child dwells in the house of his adopted father like one + that is begotten naturally human laws forbid the contracting of marriage between the like, + and this prohibition is approved by the Church. Hence it is that legal adoption is an impediment to marriage. This suffices + for the Replies to the first three Objections, because none of those things entails such a cohabitation as might be an incentive + to concupiscence. Therefore they do not cause a relationship that is an impediment to marriage. + </p> + <p id="XP_Q57_A2-p9"> + <b>Reply to Objection 4:</b> The prohibition of a human law would not suffice to make an impediment to marriage, unless the authority of the Church intervenes + by issuing the same prohibition. + </p> + <p id="XP_Q57_A2-p10"></p> + <p id="XP_Q57_A2-p11"></p> + <a href="summa.XP_Q57_A1.html"></a> + <a href="summa.XP_Q57_A3.html"></a> + </div> + <div id="XP_Q57_A3" class="div4"> + <a href="summa.XP_Q57_A2.html"></a> + <a href="summa.XP_Q58.html"></a> + <h4 id="XP_Q57_A3-p0.1">Whether legal relationship is contracted only between the adopting father and the adopted child?</h4> + <p id="XP_Q57_A3-p1"></p> + <p id="XP_Q57_A3-p2"> + <b>Objection 1:</b> It would seem that a relationship of this kind is contracted only between the adopting father and the adopted child. For + it would seem that it ought above all to be contracted between the adopting father and the natural mother of the adopted, + as happens in spiritual relationship. Yet there is no legal relationship between them. Therefore it is not contracted between + any other persons besides the adopter and adopted. + </p> + <p id="XP_Q57_A3-p3"> + <b>Objection 2:</b> Further, the relationship that impedes marriage is a perpetual impediment. But there is not a perpetual impediment between + the adopted son and the naturally begotten daughter of the adopted; because when the adoption terminates at the death of the + adopter, or when the adopted comes of age, the latter can marry her. Therefore he was not related to her in such a way as + to prevent him from marrying her. + </p> + <p id="XP_Q57_A3-p4"> + <b>Objection 3:</b> Further, spiritual relationship passes to no person incapable of being a god-parent; wherefore it does not pass to one who + is not baptized. Now a woman cannot adopt, as stated above (A[1], ad 2). Therefore legal relationship does not pass from husband + to wife. + </p> + <p id="XP_Q57_A3-p5"> + <b>Objection 4:</b> Further, spiritual relationship is stronger than legal. But spiritual relationship does not pass to a grandchild. Neither, + therefore, does legal relationship. + </p> + <p id="XP_Q57_A3-p6"> + <b>On the contrary,</b> Legal relationship is more in agreement with carnal union or procreation than spiritual relationship is. But spiritual relationship + passes to another person. Therefore legal relationship does so also. + </p> + <p id="XP_Q57_A3-p7"> Further, the same is proved by the authorities quoted in the text (Sent. iv, D, 42).</p> + <p id="XP_Q57_A3-p8"> + <b>I answer that,</b> Legal relationship is of three kinds. The first is in the descending order as it were, and is contracted between the adoptive + father and the adopted child, the latter's child grandchild and so on; the second is between the adopted child and the naturally + begotten child; the third is like a kind of affinity, and is between the adoptive father and the wife of the adopted son, + or contrariwise between the adopted son and the wife of the adoptive father. + Accordingly the first and third relationships are perpetual impediments to marriage: but the second is not, but only so long + as the adopted person remains under the power of the adoptive father, wherefore when the father dies or when the child comes + of age, they can be married. + </p> + <p id="XP_Q57_A3-p9"> + <b>Reply to Objection 1:</b> By spiritual generation the son is not withdrawn from the father's power, as in the case of adoption, so that the godson + remains the son of both at the same time, whereas the adopted son does not. Hence no relationship is contracted between the + adoptive father and the natural mother or father, as was the case in spiritual relationship. + </p> + <p id="XP_Q57_A3-p10"> + <b>Reply to Objection 2:</b> Legal relationship is an impediment to marriage on account of the parties dwelling together: hence when the need for dwelling + together ceases, it is not unreasonable that the aforesaid tie cease, for instance when he ceases to be under the power of + the same father. But the adoptive father and his wife always retain a certain authority over their adopted son and his wife, + wherefore the tie between them remains. + </p> + <p id="XP_Q57_A3-p11"> + <b>Reply to Objection 3:</b> Even a woman can adopt by permission of the sovereign, wherefore legal relationship passes also to her. Moreover the reason + why spiritual relationship does not pass to a non-baptized person is not because such a person cannot be a god-parent but + because he is not a fit subject of spirituality. + </p> + <p id="XP_Q57_A3-p12"> + <b>Reply to Objection 4:</b> By spiritual relationship the son is not placed under the power and care of the godfather, as in legal relationship: because + it is necessary that whatever is in the son's power pass under the power of the adoptive father. Wherefore if a father be + adopted the children and grandchildren who are in the power of the person adopted are adopted also. + </p> + <p id="XP_Q57_A3-p13"></p> + <p id="XP_Q57_A3-p14"></p> + <a href="summa.XP_Q57_A2.html"></a> + <a href="summa.XP_Q58.html"></a> + </div> + <a href="summa.XP_Q56_A5.html"></a> + <a href="summa.XP_Q57_A1.html"></a> + </div> + <div id="XP_Q58" class="div3"> + <a href="summa.XP_Q57_A3.html"></a> + <a href="summa.XP_Q58_A1.html"></a> + <h3 id="XP_Q58-p0.1">OF THE IMPEDIMENTS OF IMPOTENCE, SPELL, FRENZY OR MADNESS, INCEST AND DEFECTIVE AGE (FIVE ARTICLES)</h3> + <p id="XP_Q58-p1"></p> + <p id="XP_Q58-p2"> We must now consider five impediments to marriage, namely the impediments of impotence, spell, frenzy or madness, incest, + and defective age. Under this head there are five points of inquiry: + </p> + <p id="XP_Q58-p3"> (1) Whether impotence is an impediment to marriage?</p> + <p id="XP_Q58-p4"> (2) Whether a spell is?</p> + <p id="XP_Q58-p5"> (3) Whether frenzy or madness is?</p> + <p id="XP_Q58-p6"> (4) Whether incest is?</p> + <p id="XP_Q58-p7"> (5) Whether defective age is?</p> + <div id="XP_Q58_A1" class="div4"> + <a href="summa.XP_Q58.html"></a> + <a href="summa.XP_Q58_A2.html"></a> + <h4 id="XP_Q58_A1-p0.1">Whether impotence is an impediment to marriage?</h4> + <p id="XP_Q58_A1-p1"></p> + <p id="XP_Q58_A1-p2"> + <b>Objection 1:</b> It would seem that impotence is not an impediment to marriage. For carnal copulation is not essential to marriage, since + marriage is more perfect when both parties observe continency by vow. But impotence deprives marriage of nothing save carnal + copulation. Therefore it is not a diriment impediment to the marriage contract. + </p> + <p id="XP_Q58_A1-p3"> + <b>Objection 2:</b> Further, just as impotence prevents carnal copulation so does frigidity. But frigidity is not reckoned an impediment to marriage. + Therefore neither should impotence be reckoned as such. + </p> + <p id="XP_Q58_A1-p4"> + <b>Objection 3:</b> Further, all old people are frigid. Yet old people can marry. Therefore, etc. + </p> + <p id="XP_Q58_A1-p5"> + <b>Objection 4:</b> Further, if the woman knows the man to be frigid when she marries him, the marriage is valid. Therefore frigidity, considered + in itself, is not an impediment to marriage. + </p> + <p id="XP_Q58_A1-p6"> + <b>Objection 5:</b> Further, calidity may prove a sufficient incentive to carnal copulation with one who is not a virgin, but not with one who + is, because it happens to be so weak as to pass away quickly, and is therefore insufficient for the deflowering of a virgin. + Or again it may move a man sufficiently in regard to a beautiful woman, but insufficiently in regard to an uncomely one. Therefore + it would seem that frigidity, although it be an impediment in regard to one, is not + an impediment absolutely. + </p> + <p id="XP_Q58_A1-p7"> + <b>Objection 6:</b> Further, generally speaking woman is more frigid than man. But women are not debarred from marriage. Neither therefore should + men be debarred on account of frigidity. + </p> + <p id="XP_Q58_A1-p8"> + <b>On the contrary,</b> It is stated (Extra, De Frigidis et Malefic., cap. Quod Sedem): "Just as a boy who is incapable of marital intercourse is + unfit to marry, so also those who are impotent are deemed most unfit for the marriage contract." Now persons affected with + frigidity are the like. Therefore, etc. + </p> + <p id="XP_Q58_A1-p9"> Further, no one can bind himself to the impossible. Now in marriage man binds himself to carnal copulation; because it is + for this purpose that he gives the other party power over his body. Therefore a frigid person, being incapable of carnal copulation, + cannot marry. + </p> + <p id="XP_Q58_A1-p10"> + <b>I answer that,</b> In marriage there is a contract whereby one is bound to pay the other the marital debt: wherefore just as in other contracts, + the bond is unfitting if a person bind himself to what he cannot give or do, so the marriage contract is unfitting, if it + be made by one who cannot pay the marital debt. This impediment is called by the general name of impotence as regards coition, + and can arise either from an intrinsic and natural cause, or from an extrinsic and + accidental cause, for instance spell, of which we shall speak later + <a id="XP_Q58_A1-p10.1" shape="rect" href="summa.XP_Q58_A2.html">(A[2])</a>. If it be due to a natural cause, this may happen in two ways. For either it is temporary, and can be remedied by medicine, + or by the course of time, and then it does not void a marriage: or it is perpetual and then it voids marriage, so that the + party who labors under this impediment remains for ever without hope of marriage, while the other may "marry to whom she will + . . . in the Lord" + ( + <a class="scripRef" id="XP_Q58_A1-p10.2" href="./asv.html#iCor.7.39" target="asv">1 Cor. 7:39</a>). In order to ascertain whether the impediment be perpetual or not, the Church has appointed a fixed time, namely three years, + for putting the matter to a practical proof: and if after three years, during which both parties have honestly endeavored + to fulfil their marital intercourse, the marriage remain unconsummated, the Church adjudges the marriage to be dissolved. + And yet the Church is sometimes mistaken in this, because three years are sometimes + insufficient to prove impotence to be perpetual. Wherefore if the Church find that she has been mistaken, seeing that the + subject of the impediment has completed carnal copulation with another or with the same person, she reinstates the former + marriage and dissolves the subsequent one, although the latter has been contracted with her permission. [*"Nowadays it is + seldom necessary to examine too closely into this matter, as all cases arising from it are treated as far as possible under + the form + of dispensations of non-consummated marriages." Cf. Catholic Encyclopedia, article Canonical Impediments.] + </p> + <p id="XP_Q58_A1-p11"> + <b>Reply to Objection 1:</b> Although the act of carnal copulation is not essential to marriage, ability to fulfill the act is essential, because marriage + gives each of the married parties power over the other's body in relation to marital intercourse. + </p> + <p id="XP_Q58_A1-p12"> + <b>Reply to Objection 2:</b> Excessive calidity can scarcely be a perpetual impediment. If, however, it were to prove an impediment to marital intercourse + for three years it would be adjudged to be perpetual. Nevertheless, since frigidity is a greater and more frequent impediment + (for it not only hinders the mingling of seeds but also weakens the members which co-operate in the union of bodies), it is + accounted an impediment rather than calidity, since all natural defects are + reduced to frigidity. + </p> + <p id="XP_Q58_A1-p13"> + <b>Reply to Objection 3:</b> Although old people have not sufficient calidity to procreate, they have sufficient to copulate. Wherefore they are allowed + to marry, in so far as marriage is intended as a remedy, although it does not befit them as fulfilling an office of nature. + </p> + <p id="XP_Q58_A1-p14"> + <b>Reply to Objection 4:</b> In all contracts it is agreed on all hands that anyone who is unable to satisfy an obligation is unfit to make a contract + which requires the fulfilling of that obligation. Now this inability is of two kinds. First, because a person is unable to + fulfill the obligation "de jure," and such inability renders the contract altogether void, whether the party with whom he + contracts knows of this or not. Secondly, because he is unable to fulfill "de facto"; + and then if the party with whom he contracts knows of this and, notwithstanding, enters the contract, this shows that the + latter seeks some other end from the contract, and the contract stands. But if he does not know of it the contract is void. + Consequently frigidity which causes such an impotence that a man cannot "de facto" pay the marriage debt, as also the condition + of slavery, whereby a man cannot "de facto" give his service freely, are impediments to marriage, when the one married party + does not know that the other is unable to pay the marriage debt. But an impediment whereby a person cannot pay the marriage + debt "de jure," for instance consanguinity, voids the marriage contract, whether the other party knows of it or not. For this + reason the Master holds (Sent. iv, D, 34) that these two impediments, frigidity and slavery, make it not altogether unlawful + for their subjects to marry. + </p> + <p id="XP_Q58_A1-p15"> + <b>Reply to Objection 5:</b> A man cannot have a perpetual natural impediment in regard to one person and not in regard to another. But if he cannot fulfill + the carnal act with a virgin, while he can with one who is not a virgin, the hymeneal membrane may be broken by a medical + instrument, and thus he may have connection with her. Nor would this be contrary to nature, for it would be done not for pleasure + but for a remedy. Dislike for a woman is not a natural cause, but an + accidental extrinsic cause: and therefore we must form the same judgment in its regard as about spells, of which we shall + speak further on + <a id="XP_Q58_A1-p15.1" shape="rect" href="summa.XP_Q58_A2.html">(A[2])</a>. + </p> + <p id="XP_Q58_A1-p16"> + <b>Reply to Objection 6:</b> The male is the agent in procreation, and the female is the patient, wherefore greater calidity is required in the male than + in the female for the act of procreation. Hence the frigidity which renders the man impotent would not disable the woman. + Yet there may be a natural impediment from another cause, namely stricture, and then we must judge of stricture in the woman + in the same way as of frigidity in the man. + </p> + <p id="XP_Q58_A1-p17"></p> + <p id="XP_Q58_A1-p18"></p> + <a href="summa.XP_Q58.html"></a> + <a href="summa.XP_Q58_A2.html"></a> + </div> + <div id="XP_Q58_A2" class="div4"> + <a href="summa.XP_Q58_A1.html"></a> + <a href="summa.XP_Q58_A3.html"></a> + <h4 id="XP_Q58_A2-p0.1">Whether a spell can be an impediment to marriage?</h4> + <p id="XP_Q58_A2-p1"></p> + <p id="XP_Q58_A2-p2"> + <b>Objection 1:</b> It would seem that a spell cannot be an impediment to marriage. For the spells in question are caused by the operation of + demons. But the demons have no more power to prevent the marriage act than other bodily actions; and these they cannot prevent, + for thus they would upset the whole world if they hindered eating and walking and the like. Therefore they cannot hinder marriage + by spells. + </p> + <p id="XP_Q58_A2-p3"> + <b>Objection 2:</b> Further, God's work is stronger than the devil's. But a spell is the work of the devil. Therefore it cannot hinder marriage + which is the work of God. + </p> + <p id="XP_Q58_A2-p4"> + <b>Objection 3:</b> Further, no impediment, unless it be perpetual, voids the marriage contract. But a spell cannot be a perpetual impediment, + for since the devil has no power over others than sinners, the spell will be removed if the sin be cast out, or by another + spell, or by the exorcisms of the Church which are employed for the repression of the demon's power. Therefore a spell cannot + be an impediment to marriage. + </p> + <p id="XP_Q58_A2-p5"> + <b>Objection 4:</b> Further, carnal copulation cannot be hindered, unless there be an impediment to the generative power which is its principle. + But the generative power of one man is equally related to all women. Therefore a spell cannot be an impediment in respect + of one woman without being so also in respect of all. + </p> + <p id="XP_Q58_A2-p6"> + <b>On the contrary,</b> It is stated in the Decretals (XXXIII, qu. 1, cap. iv): "If by sorcerers or witches . . . ," and further on, "if they be + incurable, they must be separated." + </p> + <p id="XP_Q58_A2-p7"> Further, the demons' power is greater than man's: "There is no power upon earth that can be compared with him who was made + to fear no one" ( + <a class="scripRef" id="XP_Q58_A2-p7.1" href="./asv.html#Job.41.24" target="asv">Job 41:24</a>). Now through the action of man, a person may be rendered incapable of carnal copulation by some power or by castration; + and this is an impediment to marriage. Therefore much more can this be done by the power of a demon. + </p> + <p id="XP_Q58_A2-p8"> + <b>I answer that,</b> Some have asserted that witchcraft is nothing in the world but an imagining of men who ascribed to spells those natural effects + the causes of which are hidden. But this is contrary to the authority of holy men who state that the demons have power over + men's bodies and imaginations, when God allows them: wherefore by their means wizards can work certain signs. Now this opinion + grows from the root of unbelief or incredulity, because they do not believe that + demons exist save only in the imagination of the common people, who ascribe to the demon the terrors which a man conjures + from his thoughts, and because, owing to a vivid imagination, certain shapes such as he has in his thoughts become apparent + to the senses, and then he believes that he sees the demons. But such assertions are rejected by the true faith whereby we + believe that angels fell from heaven, and that the demons exist, and that by reason of their subtle nature they are able to + do + many things which we cannot; and those who induce them to do such things are called wizards. + </p> + <p id="XP_Q58_A2-p9"> Wherefore others have maintained that witchcraft can set up an impediment to carnal copulation, but that no such impediment + is perpetual: hence it does not void the marriage contract, and they say that the laws asserting this have been revoked. But + this is contrary to actual facts and to the new legislation which agrees with the old. + </p> + <p id="XP_Q58_A2-p10"> We must therefore draw a distinction: for the inability to copulate caused by witchcraft is either perpetual and then it + voids marriage, or it is not perpetual and then it does not void marriage. And in order to put this to practical proof the + Church has fixed the space of three years in the same way as we have stated with regard to frigidity + <a id="XP_Q58_A2-p10.1" shape="rect" href="summa.XP_Q58_A1.html">(A[1])</a>. There is, however this difference between a spell and frigidity, that a person who is impotent through + frigidity is equally impotent in relation to one as to another, and consequently when the marriage is dissolved, he is not + permitted to marry another woman. whereas through witchcraft a man may be rendered impotent in relation to one woman and not + to another, and consequently when the Church adjudges the marriage to be dissolved, each party is permitted to seek another + partner in marriage. + </p> + <p id="XP_Q58_A2-p11"> + <b>Reply to Objection 1:</b> The first corruption of sin whereby man became the slave of the devil was transmitted to us by the act of the generative + power, and for this reason God allows the devil to exercise his power of witchcraft in this act more than in others. Even + so the power of witchcraft is made manifest in serpents more than in other animals according to + <a class="scripRef" id="XP_Q58_A2-p11.1" href="./asv.html#Gen.3" target="asv">Gn. 3</a>, since the devil tempted the woman through a serpent. + </p> + <p id="XP_Q58_A2-p12"> + <b>Reply to Objection 2:</b> God's work may be hindered by the devil's work with God's permission; not that the devil is stronger than God so as to destroy + His works by violence. + </p> + <p id="XP_Q58_A2-p13"> + <b>Reply to Objection 3:</b> Some spells are so perpetual that they can have no human remedy, although God might afford a remedy by coercing the demon, + or the demon by desisting. For, as wizards themselves admit, it does not always follow that what was done by one kind of witchcraft + can be destroyed by another kind, and even though it were possible to use witchcraft as a remedy, it would nevertheless be + reckoned to be perpetual, since nowise ought one to invoke the demon's help + by witchcraft. Again, if the devil has been given power over a person on account of sin, it does not follow that his power + ceases with the sin, because the punishment sometimes continues after the fault has been removed. And again, the exorcisms + of the Church do not always avail to repress the demons in all their molestations of the body, if God will it so, but they + always avail against those assaults of the demons against which they are chiefly instituted. + </p> + <p id="XP_Q58_A2-p14"> + <b>Reply to Objection 4:</b> Witchcraft sometimes causes an impediment in relation to all, sometimes in relation to one only: because the devil is a voluntary + cause not acting from natural necessity. Moreover, the impediment resulting from witchcraft may result from an impression + made by the demon on a man's imagination, whereby he is deprived of the concupiscence that moves him in regard to a particular + woman and not to another. + </p> + <p id="XP_Q58_A2-p15"></p> + <p id="XP_Q58_A2-p16"></p> + <a href="summa.XP_Q58_A1.html"></a> + <a href="summa.XP_Q58_A3.html"></a> + </div> + <div id="XP_Q58_A3" class="div4"> + <a href="summa.XP_Q58_A2.html"></a> + <a href="summa.XP_Q58_A4.html"></a> + <h4 id="XP_Q58_A3-p0.1">Whether madness is an impediment to marriage?</h4> + <p id="XP_Q58_A3-p1"></p> + <p id="XP_Q58_A3-p2"> + <b>Objection 1:</b> It would seem that madness is not an impediment to marriage. For spiritual marriage which is contracted in Baptism is more + excellent than carnal marriage. But mad persons can be baptized. Therefore they can also marry. + </p> + <p id="XP_Q58_A3-p3"> + <b>Objection 2:</b> Further, frigidity is an impediment to marriage because it impedes carnal copulation, which is not impeded by madness. Therefore + neither is marriage impeded thereby. + </p> + <p id="XP_Q58_A3-p4"> + <b>Objection 3:</b> Further, marriage is not voided save by a perpetual impediment. But one cannot tell whether madness is a perpetual impediment. + Therefore it does not void marriage. + </p> + <p id="XP_Q58_A3-p5"> + <b>Objection 4:</b> Further, the impediments that hinder marriage are sufficiently contained in the verses given above ( + <a id="XP_Q58_A3-p5.1" shape="rect" href="summa.XP_Q50.html">Q[50])</a>. But they contain no mention of madness. Therefore, etc. + </p> + <p id="XP_Q58_A3-p6"> + <b>On the contrary,</b> Madness removes the use of reason more than error does. But error is an impediment to marriage. Therefore madness is also. + </p> + <p id="XP_Q58_A3-p7"> Further, mad persons are not fit for making contracts. But marriage is a contract. Therefore, etc.</p> + <p id="XP_Q58_A3-p8"> + <b>I answer that,</b> The madness is either previous or subsequent to marriage. If subsequent, it nowise voids the marriage, but if it be previous, + then the mad person either has lucid intervals, or not. If he has, then although it is not safe for him to marry during that + interval, since he would not know how to educate his children, yet if he marries, the marriage is valid. But if he has no + lucid intervals, or marries outside a lucid interval, then, since there can be no consent + without use of reason, the marriage will be invalid. + </p> + <p id="XP_Q58_A3-p9"> + <b>Reply to Objection 1:</b> The use of reason is not necessary for Baptism as its cause, in which way it is necessary for matrimony. Hence the comparison + fails. We have, however, spoken of the Baptism of mad persons ( + <a id="XP_Q58_A3-p9.1" shape="rect" href="summa.TP_Q68_A12.html">TP, Q[68], A[12]</a>). + </p> + <p id="XP_Q58_A3-p10"> + <b>Reply to Objection 2:</b> Madness impedes marriage on the part of the latter's cause which is the consent, although not on the part of the act as frigidity + does. Yet the Master treats of it together with frigidity, because both are defects of nature (Sent. iv, D, 34). + </p> + <p id="XP_Q58_A3-p11"> + <b>Reply to Objection 3:</b> A passing impediment which hinders the cause of marriage, namely the consent, voids marriage altogether. But an impediment + that hinders the act must needs be perpetual in order to void the marriage. + </p> + <p id="XP_Q58_A3-p12"> + <b>Reply to Objection 4:</b> This impediment is reducible to error, since in either case there is lack of consent on the part of the reason. + </p> + <p id="XP_Q58_A3-p13"></p> + <p id="XP_Q58_A3-p14"></p> + <a href="summa.XP_Q58_A2.html"></a> + <a href="summa.XP_Q58_A4.html"></a> + </div> + <div id="XP_Q58_A4" class="div4"> + <a href="summa.XP_Q58_A3.html"></a> + <a href="summa.XP_Q58_A5.html"></a> + <h4 id="XP_Q58_A4-p0.1">Whether marriage is annulled by the husband committing incest with his wife's sister?</h4> + <p id="XP_Q58_A4-p1"></p> + <p id="XP_Q58_A4-p2"> + <b>Objection 1:</b> It would seem that marriage is not annulled by the husband committing incest with his wife's sister. For the wife should + not be punished for her husband's sin. Yet she would be punished if the marriage were annulled. Therefore, etc. + </p> + <p id="XP_Q58_A4-p3"> + <b>Objection 2:</b> Further, it is a greater sin to know one's own relative, than to know the relative of one's wife. But the former sin is not + an impediment to marriage. Therefore neither is the second. + </p> + <p id="XP_Q58_A4-p4"> + <b>Objection 3:</b> Further, if this is inflicted as a punishment of the sin, it would seem, if the incestuous husband marry even after his wife's + death, that they ought to be separated: which is not true. + </p> + <p id="XP_Q58_A4-p5"> + <b>Objection 4:</b> Further, this impediment is not mentioned among those enumerated above ( + <a id="XP_Q58_A4-p5.1" shape="rect" href="summa.XP_Q50.html">Q[50])</a>. Therefore it does not void the marriage contract. + </p> + <p id="XP_Q58_A4-p6"> + <b>On the contrary,</b> By knowing his wife's sister he contracts affinity, with his wife. But affinity voids the marriage contract. Therefore the + aforesaid incest does also. + </p> + <p id="XP_Q58_A4-p7"> Further, by whatsoever a man sinneth, by the same also is he punished. Now such a man sins against marriage. Therefore he + ought to be punished by being deprived of marriage. + </p> + <p id="XP_Q58_A4-p8"> + <b>I answer that,</b> If a man has connection with the sister or other relative of his wife before contracting marriage, even after his betrothal, + the marriage should be broken off on account of the resultant affinity. If, however, the connection take place after the marriage + has been contracted and consummated, the marriage must not be altogether dissolved: but the husband loses his right to marital + intercourse, nor can he demand it without sin. And yet he must grant it if + asked, because the wife should not be punished for her husband's sin. But after the death of his wife he ought to remain without + any hope of marriage, unless he receive a dispensation on account of his frailty, through fear of unlawful intercourse. If, + however, he marry without a dispensation, he sins by contravening the law of the Church, but his marriage is not for this + reason to be annulled. This suffices for the Replies to the Objections, for incest is accounted an impediment to marriage + not so much for its being a sin as on account of the affinity which it causes. For this reason it is not mentioned with the + other impediments, but is included in the impediment of affinity. + </p> + <p id="XP_Q58_A4-p9"></p> + <p id="XP_Q58_A4-p10"></p> + <a href="summa.XP_Q58_A3.html"></a> + <a href="summa.XP_Q58_A5.html"></a> + </div> + <div id="XP_Q58_A5" class="div4"> + <a href="summa.XP_Q58_A4.html"></a> + <a href="summa.XP_Q59.html"></a> + <h4 id="XP_Q58_A5-p0.1">Whether defective age is an impediment to marriage?</h4> + <p id="XP_Q58_A5-p1"></p> + <p id="XP_Q58_A5-p2"> + <b>Objection 1:</b> It would seem that deficient age is not an impediment to marriage. For according to the laws children are under the care + of a guardian until their twenty-fifth year. Therefore it would seem that before that age their reason is not sufficiently + mature to give consent, and consequently that ought seemingly to be the age fixed for marrying. Yet marriage can be contracted + before that age. Therefore lack of the appointed age is not an impediment to marriage. + </p> + <p id="XP_Q58_A5-p3"> + <b>Objection 2:</b> Further, just as the tie of religion is perpetual so is the marriage tie. Now according to the new legislation (cap. Non + Solum, De regular. et transeunt.) no one can be professed before the fourteenth year of age. Therefore neither could a person + marry if defective age were an impediment. + </p> + <p id="XP_Q58_A5-p4"> + <b>Objection 3:</b> Further, just as consent is necessary for marriage on the part of the man, so is it on the part of the woman. Now a woman + can marry before the age of fourteen. Therefore a man can also. + </p> + <p id="XP_Q58_A5-p5"> + <b>Objection 4:</b> Further, inability to copulate, unless it be perpetual and not known, is not an impediment to marriage. But lack of age is + neither perpetual nor unknown. Therefore it is not an impediment to marriage. + </p> + <p id="XP_Q58_A5-p6"> + <b>Objection 5:</b> Further, it is not included under any of the aforesaid impediments ( + <a id="XP_Q58_A5-p6.1" shape="rect" href="summa.XP_Q50.html">Q[50])</a>, and consequently would seem not to be an impediment to marriage. + </p> + <p id="XP_Q58_A5-p7"> + <b>On the contrary,</b> A Decretal (cap. Quod Sedem, De frigid et malefic.) says that "a boy who is incapable of marriage intercourse is unfit to + marry." But in the majority of cases he cannot pay the marriage debt before the age of fourteen (De Animal. vii). Therefore, + etc. + </p> + <p id="XP_Q58_A5-p8"> Further, "There is a fixed limit of size and growth for all things in nature" according to the Philosopher (De Anima ii, + 4): and consequently it would seem that, since marriage is natural, it must have a fixed age by defect of which it is impeded. + </p> + <p id="XP_Q58_A5-p9"> + <b>I answer that,</b> Since marriage is effected by way of a contract, it comes under the ordinance of positive law like other contracts. Consequently + according to law (cap. Tua, De sponsal. impub.) it is determined that marriage may not be contracted before the age of discretion + when each party is capable of sufficient deliberation about marriage, and of mutual fulfilment of the marriage debt, and that + marriages otherwise contracted are void. Now for the most part this age is + the fourteenth year in males and the twelfth year in women: but since the ordinances of positive law are consequent upon what + happens in the majority of cases, if anyone reach the required perfection before the aforesaid age, so that nature and reason + are sufficiently developed to supply the lack of age, the marriage is not annulled. Wherefore if the parties who marry before + the age of puberty have marital intercourse before the aforesaid age, their marriage is none the less perpetually + indissoluble. + </p> + <p id="XP_Q58_A5-p10"> + <b>Reply to Objection 1:</b> In matters to which nature inclines there is not required such a development of reason in order to deliberate, as in other + matters: and therefore it is possible after deliberation to consent to marriage before one is able to manage one's own affairs + in other matters without a guardian. + </p> + <p id="XP_Q58_A5-p11"> + <b>Reply to Objection 2:</b> The same answer applies, since the religious vow is about matters outside the inclination of nature, and which offer greater + difficulty than marriage. + </p> + <p id="XP_Q58_A5-p12"> + <b>Reply to Objection 3:</b> It is said that woman comes to the age of puberty sooner than man does (De Animal. ix); hence there is no parallel between + the two. + </p> + <p id="XP_Q58_A5-p13"> + <b>Reply to Objection 4:</b> In this case there is an impediment not only as to inability to copulate, but also on account of the defect of the reason, + which is not yet qualified to give rightly that consent which is to endure in perpetuity. + </p> + <p id="XP_Q58_A5-p14"> + <b>Reply to Objection 5:</b> The impediment arising from defective age, like that which arises from madness, is reducible to the impediment of error; + because a man has not yet the full use of his free-will. + </p> + <p id="XP_Q58_A5-p15"></p> + <p id="XP_Q58_A5-p16"></p> + <a href="summa.XP_Q58_A4.html"></a> + <a href="summa.XP_Q59.html"></a> + </div> + <a href="summa.XP_Q57_A3.html"></a> + <a href="summa.XP_Q58_A1.html"></a> + </div> + <div id="XP_Q59" class="div3"> + <a href="summa.XP_Q58_A5.html"></a> + <a href="summa.XP_Q59_A1.html"></a> + <h3 id="XP_Q59-p0.1">OF DISPARITY OF WORSHIP AS AN IMPEDIMENT TO MARRIAGE (SIX ARTICLES)</h3> + <p id="XP_Q59-p1"></p> + <p id="XP_Q59-p2"> We must now consider disparity of worship as an impediment to marriage. Under this head there are six points of inquiry:</p> + <p id="XP_Q59-p3"> (1) Whether a believer can marry an unbeliever?</p> + <p id="XP_Q59-p4"> (2) Whether there is marriage between unbelievers?</p> + <p id="XP_Q59-p5"> (3) Whether a husband being converted to the faith can remain with his wife if she be unwilling to be converted?</p> + <p id="XP_Q59-p6"> (4) Whether he may leave his unbelieving wife?</p> + <p id="XP_Q59-p7"> (5) Whether after putting her away he may take another wife?</p> + <p id="XP_Q59-p8"> (6) Whether a husband may put aside his wife on account of other sins as he may for unbelief?</p> + <div id="XP_Q59_A1" class="div4"> + <a href="summa.XP_Q59.html"></a> + <a href="summa.XP_Q59_A2.html"></a> + <h4 id="XP_Q59_A1-p0.1">Whether a believer can marry an unbeliever?</h4> + <p id="XP_Q59_A1-p1"></p> + <p id="XP_Q59_A1-p2"> + <b>Objection 1:</b> It would seem that a believer can marry an unbeliever. For Joseph married an Egyptian woman, and Esther married Assuerus: + and in both marriages there was disparity of worship, since one was an unbeliever and the other a believer. Therefore disparity + of worship previous to marriage is not an impediment thereto. + </p> + <p id="XP_Q59_A1-p3"> + <b>Objection 2:</b> Further, the Old Law teaches the same faith as the New. But according to the Old Law there could be marriage between a believer + and an unbeliever, as evidenced by + <a class="scripRef" id="XP_Q59_A1-p3.1" href="./asv.html#Deut.21.10" target="asv"> Dt. 21:10 </a>seqq.: "If thou go out to the fight . . . and seest in the number of the captives a beautiful woman and lovest her, and wilt + have her to wife . . . thou shalt go in unto her, and shalt sleep with her, and she shall be thy wife." Therefore it is lawful + also under the New + Law. + </p> + <p id="XP_Q59_A1-p4"> + <b>Objection 3:</b> Further, betrothal is directed to marriage. Now there can be a betrothal between a believer and an unbeliever in the case + where a condition is made of the latter's future conversion. Therefore under the same condition there can be marriage between + them. + </p> + <p id="XP_Q59_A1-p5"> + <b>Objection 4:</b> Further, every impediment to marriage is in some way contrary to marriage. But unbelief is not contrary to marriage, since + marriage fulfills an office of nature whose dictate faith surpasses. Therefore disparity of worship is not an impediment to + marriage. + </p> + <p id="XP_Q59_A1-p6"> + <b>Objection 5:</b> Further, there is sometime disparity of worship even between two persons who are baptized, for instance when, after Baptism, + a person falls into heresy. Yet if such a person marry a believer, it is nevertheless a valid marriage. Therefore disparity + of worship is not an impediment to marriage. + </p> + <p id="XP_Q59_A1-p7"> + <b>On the contrary,</b> It is written ( + <a class="scripRef" id="XP_Q59_A1-p7.1" href="./asv.html#iiCor.6.14" target="asv">2 Cor. 6:14</a>): "What concord hath light with darkness? [*Vulg.: 'What fellowship hath light with darkness? And what concord hath Christ + with Belial?']" Now there is the greatest concord between husband and wife. Therefore one who is in the light of faith cannot + marry one who is in the darkness of unbelief. + </p> + <p id="XP_Q59_A1-p8"> Further, it is written ( + <a class="scripRef" id="XP_Q59_A1-p8.1" href="./asv.html#Mal.2.11" target="asv">Malachi 2:11</a>): "Juda hath profaned the holiness of the Lord, which he loved, and hath married the daughter of a strange god." But such + had not been the case if they could have married validly. Therefore disparity of worship is an impediment to marriage. + </p> + <p id="XP_Q59_A1-p9"> + <b>I answer that,</b> The chief good of marriage is the offspring to be brought up to the worship of God. Now since education is the work of father + and mother in common, each of them intends to bring up the child to the worship of God according to their own faith. Consequently + if they be of different faith, the intention of the one will be contrary to the intention of the other, and therefore there + cannot be a fitting marriage between them. For this reason disparity of faith + previous to marriage is an impediment to the marriage contract. + </p> + <p id="XP_Q59_A1-p10"> + <b>Reply to Objection 1:</b> In the Old Law it was allowable to marry with certain unbelievers, and forbidden with others. It was however especially forbidden + with regard to inhabitants of the land of Canaan, both because the Lord had commanded them to be slain on account of their + obstinacy, and because it was fraught with a greater danger, lest to wit they should pervert to idolatry those whom they married + or their children, since the Israelites were more liable to adopt their + rites and customs through dwelling among them. But it was permitted in regard to other unbelievers, especially when there + could be no fear of their being drawn into idolatry. And thus Joseph, Moses, and Esther married unbelievers. But under the + New Law which is spread throughout the whole world the prohibition extends with equal reason to all unbelievers. Hence disparity + of worship previous to marriage is an impediment to its being contracted and voids the contract. + </p> + <p id="XP_Q59_A1-p11"> + <b>Reply to Objection 2:</b> This law either refers to other nations with whom they could lawfully marry, or to the case when the captive woman was willing + to be converted to the faith and worship of God. + </p> + <p id="XP_Q59_A1-p12"> + <b>Reply to Objection 3:</b> Present is related to present in the same way as future to future. Wherefore just as when marriage is contracted in the present, + unity of worship is required in both contracting parties, so in the case of a betrothal, which is a promise of future marriage, + it suffices to add the condition of future unity of worship. + </p> + <p id="XP_Q59_A1-p13"> + <b>Reply to Objection 4:</b> It has been made clear that disparity of worship is contrary to marriage in respect of its chief good, which is the good + of the offspring. + </p> + <p id="XP_Q59_A1-p14"> + <b>Reply to Objection 5:</b> Matrimony is a sacrament: and therefore so far as the sacramental essentials are concerned, it requires purity with regard + to the sacrament of faith, namely Baptism, rather than with regard to interior faith. For which reason also this impediment + is not called disparity of faith, but disparity of worship which concerns outward service, as stated above (Sent. iii, D, + 9 + <a id="XP_Q59_A1-p14.1" shape="rect" href="summa.XP_Q1_A1.html">, Q[1], A[1]</a>, qu. 1). Consequently if a believer marry a + baptized heretic, the marriage is valid, although he sins by marrying her if he knows her to be a heretic: even so he would + sin were he to marry an excommunicate woman, and yet the marriage would not be void: whereas on the other hand if a catechumen + having right faith but not having been baptized were to marry a baptized believer, the marriage would not be valid. + </p> + <p id="XP_Q59_A1-p15"></p> + <p id="XP_Q59_A1-p16"></p> + <a href="summa.XP_Q59.html"></a> + <a href="summa.XP_Q59_A2.html"></a> + </div> + <div id="XP_Q59_A2" class="div4"> + <a href="summa.XP_Q59_A1.html"></a> + <a href="summa.XP_Q59_A3.html"></a> + <h4 id="XP_Q59_A2-p0.1">Whether there can be marriage between unbelievers?</h4> + <p id="XP_Q59_A2-p1"></p> + <p id="XP_Q59_A2-p2"> + <b>Objection 1:</b> It would seem that there can be no marriage between unbelievers. For matrimony is a sacrament of the Church. Now Baptism + is the door of the sacraments. Therefore unbelievers, since they are not baptized, cannot marry any more than they can receive + other sacraments. + </p> + <p id="XP_Q59_A2-p3"> + <b>Objection 2:</b> Further, two evils are a greater impediment to good than one. But the unbelief of only one party is an impediment to marriage. + Much more, therefore, is the unbelief of both, and consequently there can be no marriage between unbelievers. + </p> + <p id="XP_Q59_A2-p4"> + <b>Objection 3:</b> Further, just as there is disparity of worship between believer and unbeliever, so can there be between two unbelievers, + for instance if one be a heathen and the other a Jew. Now disparity of worship is an impediment to marriage, as stated above + + <a id="XP_Q59_A2-p4.1" shape="rect" href="summa.XP_Q59_A1.html">(A[1])</a>. Therefore there can be no valid marriage at least between unbelievers of different worship. + </p> + <p id="XP_Q59_A2-p5"> + <b>Objection 4:</b> Further, in marriage there is real chastity. But according to Augustine (De Adult. Conjug. i, 18) there is no real chastity + between an unbeliever and his wife, and these words are quoted in the Decretals (XXVIII, qu. i, can. Sic enim.). Neither therefore + is there a true marriage. + </p> + <p id="XP_Q59_A2-p6"> + <b>Objection 5:</b> Further, true marriage excuses carnal intercourse from sin. But marriage contracted between unbelievers cannot do this, since + "the whole life of unbelievers is a sin," as a gloss observes on + <a class="scripRef" id="XP_Q59_A2-p6.1" href="./asv.html#Rom.14.23" target="asv"> Rom. 14:23, </a> "All that is not of faith is sin." Therefore there is no true marriage between unbelievers. + </p> + <p id="XP_Q59_A2-p7"> + <b>On the contrary,</b> It is written ( + <a class="scripRef" id="XP_Q59_A2-p7.1" href="./asv.html#iCor.7.12" target="asv">1 Cor. 7:12</a>): "If any brother hath a wife that believeth not, and she consent to dwell with him, let him not put her away." But she is + not called his wife except by reason of marriage. Therefore marriage between unbelievers is a true marriage. + </p> + <p id="XP_Q59_A2-p8"> Further, the removal of what comes after does not imply the removal of what comes first. Now marriage belongs to an office + of nature, which precedes the state of grace, the principle of which is faith. Therefore unbelief does not prevent the existence + of marriage between unbelievers. + </p> + <p id="XP_Q59_A2-p9"> + <b>I answer that,</b> Marriage was instituted chiefly for the good of the offspring, not only as to its begetting---since this can be effected + even without marriage---but also as to its advancement to a perfect state, because everything intends naturally to bring its + effect to perfection. Now a twofold perfection is to be considered in the offspring. one is the perfection of nature, not + only as regards the body but also as regards the soul, by those means which are of the natural + law. The other is the perfection of grace: and the former perfection is material and imperfect in relation to the latter. + Consequently, since those things which are for the sake of the end are proportionate to the end, the marriage that tends to + the first perfection is imperfect and material in comparison with that which tends to the second perfection. And since the + first perfection can be common to unbelievers and believers, while the second belongs only to believers, it follows that between + unbelievers there is marriage indeed, but not perfected by its ultimate perfection as there is between believers. + </p> + <p id="XP_Q59_A2-p10"> + <b>Reply to Objection 1:</b> Marriage was instituted not only as a sacrament, but also as an office of nature. And therefore, although marriage is not + competent to unbelievers, as a sacrament dependent on the dispensation of the Church's ministers, it is nevertheless competent + to them as fulfilling an office of nature. And yet even a marriage of this kind is a sacrament after the manner of a habit, + although it is not actually since they do not marry actually in the faith of the + Church. + </p> + <p id="XP_Q59_A2-p11"> + <b>Reply to Objection 2:</b> Disparity of worship is an impediment to marriage, not by reason of unbelief, but on account of the difference of faith. + For disparity of worship hinders not only the second perfection of the offspring, but also the first, since the parents endeavor + to draw their children in different directions, which is not the case when both are unbelievers. + </p> + <p id="XP_Q59_A2-p12"> + <b>Reply to Objection 3:</b> As already stated (ad 1) there is marriage between unbelievers, in so far as marriage fulfills an office of nature. Now those + things that pertain to the natural law are determinable by positive law: and therefore if any law among unbelievers forbid + the contracting of marriage with unbelievers of a different rite, the disparity of worship will be an impediment to their + intermarrying. They are not, however, forbidden by Divine law, because before God, + however much one may stray from the faith, this makes no difference to one's being removed from grace: nor is it forbidden + by any law of the Church who has not to judge of those who are without. + </p> + <p id="XP_Q59_A2-p13"> + <b>Reply to Objection 4:</b> The chastity and other virtues of unbelievers are said not to be real, because they cannot attain the end of real virtue, + which is real happiness. Thus we say it is not a real wine if it has not the effect of wine. + </p> + <p id="XP_Q59_A2-p14"> + <b>Reply to Objection 5:</b> An unbeliever does not sin in having intercourse with his wife, if he pays her the marriage debt, for the good of the offspring, + or for the troth whereby he is bound to her: since this is an act of justice and of temperance which observes the due circumstance + in pleasure of touch; even as neither does he sin in performing acts of other civic virtues. Again, the reason why the whole + life of unbelievers is said to be a sin is not that they sin in every + act, but because they cannot be delivered from the bondage of sin by that which they do. + </p> + <p id="XP_Q59_A2-p15"></p> + <p id="XP_Q59_A2-p16"></p> + <a href="summa.XP_Q59_A1.html"></a> + <a href="summa.XP_Q59_A3.html"></a> + </div> + <div id="XP_Q59_A3" class="div4"> + <a href="summa.XP_Q59_A2.html"></a> + <a href="summa.XP_Q59_A4.html"></a> + <h4 id="XP_Q59_A3-p0.1">Whether the husband, being converted to the faith, may remain with his wife is she be unwilling to be converted?</h4> + <p id="XP_Q59_A3-p1"></p> + <p id="XP_Q59_A3-p2"> + <b>Objection 1:</b> It would seem that when a husband is converted to the faith he cannot remain with his wife who is an unbeliever and is unwilling + to be converted, and whom he had married while he was yet an unbeliever. For where the danger is the same one should take + the same precautions. Now a believer is forbidden to marry an unbeliever for fear of being turned away from the faith. Since + then if the believer remain with the unbeliever whom he had married previously, the + danger is the same, in fact greater, for neophytes are more easily perverted than those who have been brought up in the faith, + it would seem that a believer, after being converted, cannot remain with an unbeliever. + </p> + <p id="XP_Q59_A3-p3"> + <b>Objection 2:</b> Further, "An unbeliever cannot remain united to her who has been received into the Christian faith" (Decretals, XXVIII, qu. + 1, can. Judaei). Therefore a believer is bound to put away a wife who does not believe. + </p> + <p id="XP_Q59_A3-p4"> + <b>Objection 3:</b> Further, a marriage contracted between believers is more perfect than one contracted between unbelievers. Now, if believers + marry within the degrees forbidden by the Church, their marriage is void. Therefore the same applies to unbelievers, and thus + a believing husband cannot remain with an unbelieving wife, at any rate, if as an unbeliever he married her within the forbidden + degrees. + </p> + <p id="XP_Q59_A3-p5"> + <b>Objection 4:</b> Further, sometimes an unbeliever has several wives recognized by his law. If, then, he can remain with those whom he married + while yet an unbeliever, it would seem that even after his conversion he can retain several wives. + </p> + <p id="XP_Q59_A3-p6"> + <b>Objection 5:</b> Further, it may happen that after divorcing his first wife he has married a second, and that he is converted during this + latter marriage. It would seem therefore that at least in this case he cannot remain with this second wife. + </p> + <p id="XP_Q59_A3-p7"> + <b>On the contrary,</b> The Apostle counsels him to remain ( + <a class="scripRef" id="XP_Q59_A3-p7.1" href="./asv.html#iCor.7.12" target="asv">1 Cor. 7:12</a>). + </p> + <p id="XP_Q59_A3-p8"> Further, no impediment that supervenes upon a true marriage dissolves it. Now it was a true marriage when they were both + unbelievers. Therefore when one of them is converted, the marriage is not annulled on that account; and thus it would seem + that they may lawfully remain together. + </p> + <p id="XP_Q59_A3-p9"> + <b>I answer that,</b> The faith of a married person does not dissolve but perfects the marriage. Wherefore, since there is true marriage between + unbelievers, as stated above (A[2], ad 1), the marriage tie is not broken by the fact that one of them is converted to the + faith, but sometimes while the marriage tie remains, the marriage is dissolved as to cohabitation and marital intercourse, + wherein unbelief and adultery are on a par, since both are against the good of the offspring. + Consequently, the husband has the same power to put away an unbelieving wife or to remain with her, as he has to put away + an adulterous wife or to remain with her. For an innocent husband is free to remain with an adulterous wife in the hope of + her amendment, but not if she be obstinate in her sin of adultery, lest he seem to approve of her disgrace; although even + if there be hope of her amendment he is free to put her away. In like manner the believer after his conversion may remain + with the + unbeliever in the hope of her conversion, if he see that she is not obstinate in her unbelief, and he does well in remaining + with her, though not bound to do so: and this is what the Apostle counsels ( + <a class="scripRef" id="XP_Q59_A3-p9.1" href="./asv.html#iCor.7.12" target="asv">1 Cor. 7:12</a>). + </p> + <p id="XP_Q59_A3-p10"> + <b>Reply to Objection 1:</b> It is easier to prevent a thing being done than to undo what is rightly done. Hence there are many things that impede the + contracting of marriage if they precede it, which nevertheless cannot dissolve it if they follow it. Such is the case with + affinity ( + <a id="XP_Q59_A3-p10.1" shape="rect" href="summa.XP_Q55_A6.html">Q[55], A[6]</a>): and it is the same with disparity of worship. + </p> + <p id="XP_Q59_A3-p11"> + <b>Reply to Objection 2:</b> In the early Church at the time of the apostles, both Jews and Gentiles were everywhere converted to the faith: and consequently + the believing husband could then have a reasonable hope for his wife's conversion, even though she did not promise to be converted. + Afterwards, however, as time went on the Jews became more obstinate than the Gentiles, because the Gentiles still continued + to come to the faith, for instance, at the time of the martyrs, and at + the time of Constantine and thereabouts. Wherefore it was not safe then for a believer to cohabit with an unbelieving Jewish + wife, nor was there hope for her conversion as for that of a Gentile wife. Consequently, then, the believer could, after his + conversion, cohabit with his wife if she were a Gentile, but not if she were a Jewess, unless she promised to be converted. + This is the sense of that decree. Now, however, they are on a par, namely Gentiles and Jews, because both are obstinate; and + therefore unless the unbelieving wife be willing to be converted, he is not allowed to cohabit with her, be she Gentile or + Jew. + </p> + <p id="XP_Q59_A3-p12"> + <b>Reply to Objection 3:</b> Non-baptized unbelievers are not bound by the laws of the Church, but they are bound by the ordinances of the Divine law. + Hence unbelievers who have married within the degrees forbidden by the Divine law, whether both or one of them be converted + to the faith, cannot continue in a like marriage. But if they have married within the degrees forbidden by a commandment of + the Church, they can remain together if both be converted, or if one be converted and + there be hope of the other's conversion. + </p> + <p id="XP_Q59_A3-p13"> + <b>Reply to Objection 4:</b> To have several wives is contrary to the natural law by which even unbelievers are bound. Wherefore an unbeliever is not + truly married save to her whom he married first. Consequently if he be converted with all his wives, he may remain with the + first, and must put the others away. If, however, the first refuse to be converted, and one of the others be converted, he + has the same right to marry her again as he would have to marry another. We shall treat + of this matter further on + <a id="XP_Q59_A3-p13.1" shape="rect" href="summa.XP_Q59_A5.html">(A[5])</a>. + </p> + <p id="XP_Q59_A3-p14"> + <b>Reply to Objection 5:</b> To divorce a wife is contrary to the law of nature, wherefore it is not lawful for an unbeliever to divorce his wife. Hence + if he be converted after divorcing one and marrying another, the same judgment is to be pronounced in this case as in the + case of a man who had several wives, because if he wish to be converted he is bound to take the first whom he had divorced + and to put the other away. + </p> + <p id="XP_Q59_A3-p15"></p> + <p id="XP_Q59_A3-p16"></p> + <a href="summa.XP_Q59_A2.html"></a> + <a href="summa.XP_Q59_A4.html"></a> + </div> + <div id="XP_Q59_A4" class="div4"> + <a href="summa.XP_Q59_A3.html"></a> + <a href="summa.XP_Q59_A5.html"></a> + <h4 id="XP_Q59_A4-p0.1">Whether a believer can, after his conversion, put away his unbelieving wife if she be willing to cohabit with him without + insult to the Creator? + </h4> + <p id="XP_Q59_A4-p1"></p> + <p id="XP_Q59_A4-p2"> + <b>Objection 1:</b> It would seem that a believer, after his conversion, cannot put away his unbelieving wife if she be willing to cohabit with + him without insult to the Creator. For the husband is more bound to his wife than a slave to his master. But a converted slave + is not freed from the bond of slavery, as appears from + <a class="scripRef" id="XP_Q59_A4-p2.1" href="./asv.html#iCor.7.21" target="asv">1 Cor. 7:21</a>; + <a class="scripRef" id="XP_Q59_A4-p2.2" href="./asv.html#iTim.6.1" target="asv">1 Tim. 6:1.</a> Therefore neither can a believing husband put away his unbelieving wife. + </p> + <p id="XP_Q59_A4-p3"> + <b>Objection 2:</b> Further, no one may act to another's prejudice without the latter's consent. Now the unbelieving wife had a right in the + body of her unbelieving husband. If, then, her husband's conversion to the faith could be prejudicial to the wife, so that + he would be free to put her away, the husband could not be converted to the faith without his wife's consent, even as he cannot + receive orders or vow continence without her consent. + </p> + <p id="XP_Q59_A4-p4"> + <b>Objection 3:</b> Further, if a man, whether slave or free, knowingly marry a bondwoman, he cannot put her away on account of her different + condition. Since, then, the husband, when he married an unbeliever, knew that she was an unbeliever, it would seem that in + like manner he cannot put her away on account of her unbelief. + </p> + <p id="XP_Q59_A4-p5"> + <b>Objection 4:</b> Further, a father is in duty bound to work for the salvation of his children. But if he were to leave his unbelieving wife, + the children of their union would remain with the mother, because "the offspring follows the womb," and thus their salvation + would be imperiled. Therefore he cannot lawfully put away his unbelieving wife. + </p> + <p id="XP_Q59_A4-p6"> + <b>Objection 5:</b> Further, an adulterous husband cannot put away an adulterous wife, even after he has done penance for his adultery. Therefore + if an adulterous and an unbelieving husband are to be judged alike, neither can the believer put aside the unbeliever, even + after his conversion to the faith. + </p> + <p id="XP_Q59_A4-p7"> + <b>On the contrary,</b> are the words of the Apostle ( + <a class="scripRef" id="XP_Q59_A4-p7.1" href="./asv.html#iCor.7.15" target="asv">1 Cor. 7:15,16</a>). + </p> + <p id="XP_Q59_A4-p8"> Further, spiritual adultery is more grievous than carnal. But a man can put his wife away, as to cohabitation, on account + of carnal adultery. Much more, therefore, can he do so on account of unbelief, which is spiritual adultery. + </p> + <p id="XP_Q59_A4-p9"> + <b>I answer that,</b> Different things are competent and expedient to man according as his life is of one kind or of another. Wherefore he who + dies to his former life is not bound to those things to which he was bound in his former life. Hence it is that he who vowed + certain things while living in the world is not bound to fulfill them when he dies to the world by adopting the religious + life. Now he who is baptized is regenerated in Christ and dies to his former life, since the + generation of one thing is the corruption of another, and consequently he is freed from the obligation whereby he was bound + to pay his wife the marriage debt, and is not bound to cohabit with her when she is unwilling to be converted, although in + a certain case he is free to do so, as stated above + <a id="XP_Q59_A4-p9.1" shape="rect" href="summa.XP_Q59_A3.html">(A[3])</a>, just as a religious is free to fulfill the vows he took in the world, if they be not contrary to his religious profession, + although he is not bound to do so. + </p> + <p id="XP_Q59_A4-p10"> + <b>Reply to Objection 1:</b> Bondage is not inconsistent with the perfection of the Christian religion, which makes a very special profession of humility. + But the obligation to a wife, or the conjugal bond, is somewhat derogatory to the perfection of Christian life, the highest + state of which is in the possession of the continent: hence the comparison fails. Moreover one married party is not bound + to the other as the latter's possession, as a slave to his master, but by way of a + kind of partnership, which is unfitting between unbeliever and believer as appears from + <a class="scripRef" id="XP_Q59_A4-p10.1" href="./asv.html#iiCor.6.15" target="asv">2 Cor. 6:15</a>; hence there is no comparison between a slave and a married person. + </p> + <p id="XP_Q59_A4-p11"> + <b>Reply to Objection 2:</b> The wife had a right in the body of her husband only as long as he remained in the life wherein he had married, since also + when the husband dies the wife "is delivered from the law of her husband" ( + <a class="scripRef" id="XP_Q59_A4-p11.1" href="./asv.html#Rom.7.3" target="asv">Rom. 7:3</a>). Wherefore if the husband leave her after he has changed his life by dying to his former life, this is nowise prejudicial + to her. Now he who goes over to the religious life dies but a spiritual death and not a bodily death. Wherefore if the + marriage be consummated, the husband cannot enter religion without his wife's consent, whereas he can before carnal connection + when there is only a spiritual connection. On the other hand, he who is baptized is even corporeally buried together with + Christ unto death; and therefore he is freed from paying the marriage debt even after the marriage has been consummated. + </p> + <p id="XP_Q59_A4-p12"> We may also reply that it is through her own fault in refusing to be converted that the wife suffers prejudice.</p> + <p id="XP_Q59_A4-p13"> + <b>Reply to Objection 3:</b> Disparity of worship makes a person simply unfit for lawful marriage, whereas the condition of bondage does not, but only + where it is unknown. Hence there is no comparison between an unbeliever and a bondswoman. + </p> + <p id="XP_Q59_A4-p14"> + <b>Reply to Objection 4:</b> Either the child has reached a perfect age, and then it is free to follow either the believing father or the unbelieving + mother, or else it is under age, and then it should be given to the believer notwithstanding that it needs the mother's care + for its education. + </p> + <p id="XP_Q59_A4-p15"> + <b>Reply to Objection 5:</b> By doing penance the adulterer does not enter another life as an unbeliever by being baptized. Hence the comparison fails. + </p> + <p id="XP_Q59_A4-p16"></p> + <p id="XP_Q59_A4-p17"></p> + <a href="summa.XP_Q59_A3.html"></a> + <a href="summa.XP_Q59_A5.html"></a> + </div> + <div id="XP_Q59_A5" class="div4"> + <a href="summa.XP_Q59_A4.html"></a> + <a href="summa.XP_Q59_A6.html"></a> + <h4 id="XP_Q59_A5-p0.1">Whether the believer who leaves his unbelieving wife can take another wife?</h4> + <p id="XP_Q59_A5-p1"></p> + <p id="XP_Q59_A5-p2"> + <b>Objection 1:</b> It would seem that the believer who leaves his unbelieving wife cannot take another wife. For indissolubility is of the nature + of marriage, since it is contrary to the natural law to divorce one's wife. Now there was true marriage between them as unbelievers. + Therefore their marriage can nowise be dissolved. But as long as a man is bound by marriage to one woman he cannot marry another. + Therefore a believer who leaves his unbelieving wife cannot take another + wife. + </p> + <p id="XP_Q59_A5-p3"> + <b>Objection 2:</b> Further, a crime subsequent to marriage does not dissolve the marriage. Now, if the wife be willing to cohabit without insult + to the Creator, the marriage tie is not dissolved, since the husband cannot marry another. Therefore the sin of the wife who + refuses to cohabit without insult to the Creator does not dissolve the marriage so that her husband be free to take another + wife. + </p> + <p id="XP_Q59_A5-p4"> + <b>Objection 3:</b> Further, husband and wife are equal in the marriage tie. Since, then, it is unlawful for the unbelieving wife to marry again + while her husband lives, it would seem that neither can the believing husband do so. + </p> + <p id="XP_Q59_A5-p5"> + <b>Objection 4:</b> Further, the vow of continence is more favorable than the marriage contract. Now seemingly it is not lawful for the believing + husband to take a vow of continence without the consent of his unbelieving wife, since then the latter would be deprived of + marriage if she were afterwards converted. Much less therefore is it lawful for him to take another wife. + </p> + <p id="XP_Q59_A5-p6"> + <b>Objection 5:</b> Further, the son who persists in unbelief after his father's conversion loses the right to inherit from his father: and yet + if he be afterwards converted, the inheritance is restored to him even though another should have entered into possession + thereof. Therefore it would seem that in like manner, if the unbelieving wife be converted, her husband ought to be restored + to her even though he should have married another wife: yet this would be impossible if the + second marriage were valid. Therefore he cannot take another wife. + </p> + <p id="XP_Q59_A5-p7"> + <b>On the contrary,</b> Matrimony is not ratified without the sacrament of Baptism. Now what is not ratified can be annulled. Therefore marriage + contracted in unbelief can be annulled, and consequently, the marriage tie being dissolved, it is lawful for the husband to + take another wife. + </p> + <p id="XP_Q59_A5-p8"> Further, a husband ought not to cohabit with an unbelieving wife who refuses to cohabit without insult to the Creator. If + therefore it were unlawful for him to take another wife he would be forced to remain continent, which would seem unreasonable, + since then he would be at a disadvantage through his conversion. + </p> + <p id="XP_Q59_A5-p9"> + <b>I answer that,</b> When either husband or wife is converted to the faith the other remaining in unbelief, a distinction must be made. For if + the unbeliever be willing to cohabit without insult to the Creator---that is without drawing the other to unbelief---the believer + is free to part from the other, but by parting is not permitted to marry again. But if the unbeliever refuse to cohabit without + insult to the Creator, by making use of blasphemous words and refusing to hear + Christ's name, then if she strive to draw him to unbelief, the believing husband after parting from her may be united to another + in marriage. + </p> + <p id="XP_Q59_A5-p10"> + <b>Reply to Objection 1:</b> As stated above + <a id="XP_Q59_A5-p10.1" shape="rect" href="summa.XP_Q59_A2.html">(A[2])</a>, the marriage of unbelievers is imperfect, whereas the marriage of believers is perfect and consequently binds more firmly. + Now the firmer tie always looses the weaker if it is contrary to it, and therefore the subsequent marriage contracted in the + faith of Christ dissolves the marriage previously contracted in unbelief. Therefore the marriage of unbelievers is not altogether + firm and ratified, but is + ratified afterwards by Christ's faith. + </p> + <p id="XP_Q59_A5-p11"> + <b>Reply to Objection 2:</b> The sin of the wife who refuses to cohabit without insult to the Creator frees the husband from the tie whereby he was bound + to his wife so as to be unable to marry again during her lifetime. It does not however dissolve the marriage at once, since + if she were converted from her blasphemy before he married again, her husband would be restored to her. But the marriage is + dissolved by the second marriage which the believing husband would be unable to + accomplish unless he were freed from his obligation to his wife by her own fault. + </p> + <p id="XP_Q59_A5-p12"> + <b>Reply to Objection 3:</b> After the believer has married, the marriage tie is dissolved on either side, because the marriage is not imperfect as to + the bond, although it is sometimes imperfect as to its effect. Hence it is in punishment of the unbelieving wife rather than + by virtue of the previous marriage that she is forbidden to marry again. If however she be afterwards converted, she may be + allowed by dispensation to take another husband, should her husband have taken + another wife. + </p> + <p id="XP_Q59_A5-p13"> + <b>Reply to Objection 4:</b> The husband ought not to take a vow of continence nor enter into a second marriage, if after his conversion there be a reasonable + hope of the conversion of his wife, because the wife's conversion would be more difficult if she knew she was deprived of + her husband. If however there be no hope of her conversion, he can take Holy orders or enter religion, having first besought + his wife to be converted. And then if the wife be converted after her husband + has received Holy orders, her husband must not be restored to her, but she must take it as a punishment of her tardy conversion + that she is deprived of her husband. + </p> + <p id="XP_Q59_A5-p14"> + <b>Reply to Objection 5:</b> The bond of fatherhood is not dissolved by disparity of worship, as the marriage bond is: wherefore there is no comparison + between an inheritance and a wife. + </p> + <p id="XP_Q59_A5-p15"></p> + <p id="XP_Q59_A5-p16"></p> + <a href="summa.XP_Q59_A4.html"></a> + <a href="summa.XP_Q59_A6.html"></a> + </div> + <div id="XP_Q59_A6" class="div4"> + <a href="summa.XP_Q59_A5.html"></a> + <a href="summa.XP_Q60.html"></a> + <h4 id="XP_Q59_A6-p0.1">Whether other sins dissolve marriage?</h4> + <p id="XP_Q59_A6-p1"></p> + <p id="XP_Q59_A6-p2"> + <b>Objection 1:</b> It would seem that other sins besides unbelief dissolve marriage. For adultery is seemingly more directly opposed to marriage + than unbelief is. But unbelief dissolves marriage in a certain case so that it is lawful to marry again. Therefore adultery + has the same effect. + </p> + <p id="XP_Q59_A6-p3"> + <b>Objection 2:</b> Further, just as unbelief is spiritual fornication, so is any kind of sin. If, then unbelief dissolves marriage because it + is spiritual fornication, for the same reason any kind of sin will dissolve marriage. + </p> + <p id="XP_Q59_A6-p4"> + <b>Objection 3:</b> Further, it is said ( + <a class="scripRef" id="XP_Q59_A6-p4.1" href="./asv.html#Matt.5.30" target="asv">Mat. 5:30</a>): "If thy right hand scandalize thee, pluck it off and cast it from thee," and a gloss of Jerome says that "by the hand and + the right eye we may understand our brother, wife, relatives and children." Now these become obstacles to us by any kind of + sin. Therefore marriage can be dissolved on account of any kind of sin. + </p> + <p id="XP_Q59_A6-p5"> + <b>Objection 4:</b> Further, covetousness is idolatry according to + <a class="scripRef" id="XP_Q59_A6-p5.1" href="./asv.html#Eph.5.5" target="asv">Eph. 5:5</a>. Now a wife may be put away on account of idolatry. Therefore in like manner she can be put away on account of covetousness, + as also on account of other sins graver than covetousness. + </p> + <p id="XP_Q59_A6-p6"> + <b>Objection 5:</b> Further, the Master says this expressly (Sent. iv, D, 30). + </p> + <p id="XP_Q59_A6-p7"> + <b>On the contrary,</b> It is said ( + <a class="scripRef" id="XP_Q59_A6-p7.1" href="./asv.html#Matt.5.32" target="asv">Mat. 5:32</a>): "Whosoever shall put away his wife, excepting for the cause of fornication, maketh her to commit adultery." + </p> + <p id="XP_Q59_A6-p8"> Further, if this were true, divorces would be made all day long, since it is rare to find a marriage wherein one of the parties + does not fall into sin. + </p> + <p id="XP_Q59_A6-p9"> + <b>I answer that,</b> Bodily fornication and unbelief have a special contrariety to the goods of marriage, as stated above + <a id="XP_Q59_A6-p9.1" shape="rect" href="summa.XP_Q59_A3.html">(A[3])</a>. Hence they are specially effective in dissolving marriages. Nevertheless it must be observed that marriage is dissolved + in two ways. In one way as to the marriage tie, and thus marriage cannot be dissolved after it is ratified, neither by unbelief + nor by adultery. But if it be not ratified, the tie is dissolved, if the one + party remain in unbelief, and the other being converted to the faith has married again. On the other hand the aforesaid tie + is not dissolved by adultery, else the unbeliever would be free to give a bill of divorce to his adulterous wife, and having + put her away, could take another wife, which is false. In another way marriage is dissolved as to the act, and thus it can + be dissolved on account of either unbelief or fornication. But marriage cannot be dissolved even as to the act on account + of + other sins, unless perchance the husband wish to cease from intercourse with his wife in order to punish her by depriving + her of the comfort of his presence. + </p> + <p id="XP_Q59_A6-p10"> + <b>Reply to Objection 1:</b> Although adultery is opposed to marriage as fulfilling an office of nature, more directly than unbelief, it is the other + way about if we consider marriage as a sacrament of the Church, from which source it derives perfect stability, inasmuch as + it signifies the indissoluble union of Christ with the Church. Wherefore the marriage that is not ratified can be dissolved + as to the marriage tie on account of unbelief rather than on account of adultery. + </p> + <p id="XP_Q59_A6-p11"> + <b>Reply to Objection 2:</b> The primal union of the soul to God is by faith, and consequently the soul is thereby espoused to God as it were, according + to + <a class="scripRef" id="XP_Q59_A6-p11.1" href="./asv.html#Hos.2.20" target="asv"> Osee 2:20, </a> "I will espouse thee to Me in faith." Hence in Holy Writ idolatry and unbelief are specially designated by the name of fornication: + whereas other sins are called spiritual fornications by a more remote signification. + </p> + <p id="XP_Q59_A6-p12"> + <b>Reply to Objection 3:</b> This applies to the case when the wife proves a notable occasion of sin to her husband, so that he has reason to fear his + being in danger: for then the husband can withdraw from living with her, as stated above + <a id="XP_Q59_A6-p12.1" shape="rect" href="summa.XP_Q59_A5.html">(A[5])</a>. + </p> + <p id="XP_Q59_A6-p13"> + <b>Reply to Objection 4:</b> Covetousness is said to be idolatry on account of a certain likeness of bondage, because both the covetous and the idolater + serve the creature rather than the Creator; but not on account of likeness of unbelief, since unbelief corrupts the intellect + whereas covetousness corrupts the affections. + </p> + <p id="XP_Q59_A6-p14"> + <b>Reply to Objection 5:</b> The words of the Master refer to betrothal, because a betrothal can be rescinded on account of a subsequent crime. Or, if + he is speaking of marriage, they must be referred to the severing of mutual companionship for a time, as stated above, or + to the case when the wife is unwilling to cohabit except on the condition of sinning, for instance, if she were to say: "I + will not remain your wife unless you amass wealth for me by theft," for then he ought to + leave her rather than thieve. + </p> + <p id="XP_Q59_A6-p15"></p> + <p id="XP_Q59_A6-p16"></p> + <a href="summa.XP_Q59_A5.html"></a> + <a href="summa.XP_Q60.html"></a> + </div> + <a href="summa.XP_Q58_A5.html"></a> + <a href="summa.XP_Q59_A1.html"></a> + </div> + <div id="XP_Q60" class="div3"> + <a href="summa.XP_Q59_A6.html"></a> + <a href="summa.XP_Q60_A1.html"></a> + <h3 id="XP_Q60-p0.1">OF WIFE-MURDER (TWO ARTICLES)</h3> + <p id="XP_Q60-p1"></p> + <p id="XP_Q60-p2"> We must now consider wife-murder, under which head there are two points of inquiry:</p> + <p id="XP_Q60-p3"> (1) Whether in a certain case it is lawful to kill one's wife?</p> + <p id="XP_Q60-p4"> (2) Whether wife-murder is an impediment to marriage?</p> + <div id="XP_Q60_A1" class="div4"> + <a href="summa.XP_Q60.html"></a> + <a href="summa.XP_Q60_A2.html"></a> + <h4 id="XP_Q60_A1-p0.1">Whether it is lawful for a man to kill his wife if she be discovered in the act of adultery?</h4> + <p id="XP_Q60_A1-p1"></p> + <p id="XP_Q60_A1-p2"> + <b>Objection 1:</b> It would seem lawful for a man to kill his wife if she be discovered in the act of adultery. For the Divine law commanded + adulterous wives to be stoned. Now it is not a sin to fulfill the Divine law. Neither therefore is it a sin to kill one's + own wife if she be an adulteress. + </p> + <p id="XP_Q60_A1-p3"> + <b>Objection 2:</b> Further, that which the law can rightly do, can be rightly done by one whom the law has commissioned to do it. But the law + can rightly kill an adulterous wife or any other person deserving of death. Since then the law has commissioned the husband + to kill his wife if she be discovered in the act of adultery, it would seem that he can rightly do so. + </p> + <p id="XP_Q60_A1-p4"> + <b>Objection 3:</b> Further, the husband has greater power over his adulterous wife than over the man who committed adultery with her. Now if + the husband strike a cleric whom he found with his wife he is not excommunicated. Therefore it would seem lawful for him even + to kill his own wife if she be discovered in adultery. + </p> + <p id="XP_Q60_A1-p5"> + <b>Objection 4:</b> Further, the husband is bound to correct his wife. But correction is given by inflicting a just punishment. Since then the + just punishment of adultery is death, because it is a capital sin, it would seem lawful for a husband to kill his adulterous + wife. + </p> + <p id="XP_Q60_A1-p6"> + <b>On the contrary,</b> It is stated in the text (Sent. iv, D, 37) that "the Church of God is never bound by the laws of this world, for she has + none but a spiritual sword." Therefore it would seem that he who wishes to belong to the Church cannot rightly take advantage + of the law which permits a man to kill his wife. + </p> + <p id="XP_Q60_A1-p7"> Further, husband and wife are judged on a par. But it is not lawful for a wife to kill her husband if he be discovered in + adultery. Neither therefore may a husband kill his wife. + </p> + <p id="XP_Q60_A1-p8"> + <b>I answer that,</b> It happens in two ways that a husband kills his wife. First, by a civil judgment; and thus there is no doubt that a husband, + moved by zeal for justice and not by vindictive anger or hatred can, without sin, bring a criminal accusation of adultery + upon his wife before a secular court, and demand that she receive capital punishment as appointed by the law; just as it is + lawful to accuse a person of murder or any other crime. Such an accusation however cannot + be made in an ecclesiastical court, because, as stated in the text (Sent. iv, D, 37), the Church does not wield a material + sword. Secondly, a husband can kill his wife himself without her being convicted in court, and thus to kill her outside of + the act of adultery is not lawful, neither according to civil law nor according to the law of conscience, whatever evidence + he may have of her adultery. The civil law however considers it, as though it were lawful, that he should kill her in the + very + act, not by commanding him to do so, but by not inflicting on him the punishment for murder, on account of the very great + provocation which the husband receives by such a deed to kill his wife. But the Church is not bound in this matter by human + laws, neither does she acquit him of the debt of eternal punishment, nor of such punishment as may be awarded him by an ecclesiastical + tribunal for the reason that he is quit of any punishment to be inflicted by a secular court. Therefore in no case is + it lawful for a husband to kill his wife on his own authority. + </p> + <p id="XP_Q60_A1-p9"> + <b>Reply to Objection 1:</b> The law has committed the infliction of this punishment not to private individuals, but to public persons, who are deputed + to this by their office. Now the husband is not his wife's judge: wherefore he may not kill her, but may accuse her in the + judge's presence. + </p> + <p id="XP_Q60_A1-p10"> + <b>Reply to Objection 2:</b> The civil law has not commissioned the husband to kill his wife by commanding him to do so, for thus he would not sin, just + as the judge's deputy does not sin by killing the thief condemned to death: but it has permitted this by not punishing it. + For which reason it has raised certain obstacles to prevent the husband from killing his wife. + </p> + <p id="XP_Q60_A1-p11"> + <b>Reply to Objection 3:</b> This does not prove that it is lawful simply, but that it is lawful as regards immunity from a particular kind of punishment, + since excommunication is also a kind of punishment. + </p> + <p id="XP_Q60_A1-p12"> + <b>Reply to Objection 4:</b> There are two kinds of community: the household, such as a family; and the civil community, such as a city or kingdom. Accordingly, + he who presides over the latter kind of community, a king for instance, can punish an individual both by correcting and by + exterminating him, for the betterment of the community with whose care he is charged. But he who presides over a community + of the first kind, can inflict only corrective punishment, which does not + extend beyond the limits of amendment, and these are exceeded by the punishment of death. Wherefore the husband who exercises + this kind of control over his wife may not kill her, but he may accuse or chastise her in some other way. + </p> + <p id="XP_Q60_A1-p13"></p> + <p id="XP_Q60_A1-p14"></p> + <a href="summa.XP_Q60.html"></a> + <a href="summa.XP_Q60_A2.html"></a> + </div> + <div id="XP_Q60_A2" class="div4"> + <a href="summa.XP_Q60_A1.html"></a> + <a href="summa.XP_Q61.html"></a> + <h4 id="XP_Q60_A2-p0.1">Whether wife-murder is an impediment to marriage?</h4> + <p id="XP_Q60_A2-p1"></p> + <p id="XP_Q60_A2-p2"> + <b>Objection 1:</b> It would seem that wife-murder is not an impediment to marriage. For adultery is more directly opposed to marriage than murder + is. Now adultery is not an impediment to marriage. Neither therefore is wife-murder. + </p> + <p id="XP_Q60_A2-p3"> + <b>Objection 2:</b> Further, it is a more grievous sin to kill one's mother than one's wife, for it is never lawful to strike one's mother, whereas + it is sometimes lawful to strike one's wife. But matricide is not an impediment to marriage. Neither therefore is wife-murder. + </p> + <p id="XP_Q60_A2-p4"> + <b>Objection 3:</b> Further, it is a greater sin for a man to kill another man's wife on account of adultery than to kill his own wife, inasmuch + as he has less motive and is less concerned with her correction. But he who kills another man's wife is not hindered from + marrying. Neither therefore is he who kills his own wife. + </p> + <p id="XP_Q60_A2-p5"> + <b>Objection 4:</b> Further, if the cause be removed, the effect is removed. But the sin of murder can be removed by repentance. Therefore the + consequent impediment to marriage can be removed also: and consequently it would seem that after he has done penance he is + not forbidden to marry. + </p> + <p id="XP_Q60_A2-p6"> + <b>On the contrary,</b> A canon (caus. xxxiii, qu. ii, can. Interfectores) says: "The slayers of their own wives must be brought back to penance, + and they are absolutely forbidden to marry." Further, in whatsoever a man sins, in that same must he be punished. But he who + kills his wife sins against marriage. Therefore he must be punished by being deprived of marriage. + </p> + <p id="XP_Q60_A2-p7"> + <b>I answer that,</b> By the Church's decree wife-murder is an impediment to marriage. Sometimes however it forbids the contracting of marriage + without voiding the contract, when to wit the husband kills his wife on account of adultery or even through hatred; nevertheless + if there be fear lest he should prove incontinent, he may be dispensed by the Church so as to marry lawfully. Sometimes it + also voids the contract, as when a man kills his wife in order to marry her with whom he + has committed adultery, for then the law declares him simply unfit to marry her, so that if he actually marry her his marriage + is void. He is not however hereby rendered simply unfit by law in relation to other women: wherefore if he should have married + another, although he sin by disobeying the Church's ordinance, the marriage is nevertheless not voided for this reason. + </p> + <p id="XP_Q60_A2-p8"> + <b>Reply to Objection 1:</b> Murder and adultery in certain cases forbid the contracting of marriage and void the contract, as we say here in regard to + wife-murder, and shall say further on (Sent. iv + <a id="XP_Q60_A2-p8.1" shape="rect" href="summa.XP_Q62_A2.html">, Q[62], A[2]</a>) in regard to adultery. We may also reply that wife-murder is contrary to the substance of wedlock, whereas adultery is contrary + to the good of fidelity due to marriage. Hence adultery is not more opposed to marriage than wife-murder, and the + argument is based on a false premiss. + </p> + <p id="XP_Q60_A2-p9"> + <b>Reply to Objection 2:</b> Simply speaking it is a more grievous sin to kill one's mother than one's wife, as also more opposed to nature, since a man + reveres his mother naturally. Consequently he is less inclined to matricide and more prone to wife-murder; and it is to repress + this proneness that the Church has forbidden marriage to the man who has murdered his wife. + </p> + <p id="XP_Q60_A2-p10"> + <b>Reply to Objection 3:</b> Such a man does not sin against marriage as he does who kills his own wife; wherefore the comparison fails. + </p> + <p id="XP_Q60_A2-p11"> + <b>Reply to Objection 4:</b> It does not follow that because guilt has been remitted therefore the entire punishment is remitted, as evidenced by irregularity. + For repentance does not restore a man to his former dignity, although it can restore him to his former state of grace, as + stated above ( + <a id="XP_Q60_A2-p11.1" shape="rect" href="summa.XP_Q38_A1.html">Q[38], A[1]</a>, ad 3). + </p> + <p id="XP_Q60_A2-p12"></p> + <p id="XP_Q60_A2-p13"></p> + <a href="summa.XP_Q60_A1.html"></a> + <a href="summa.XP_Q61.html"></a> + </div> + <a href="summa.XP_Q59_A6.html"></a> + <a href="summa.XP_Q60_A1.html"></a> + </div> + <div id="XP_Q61" class="div3"> + <a href="summa.XP_Q60_A2.html"></a> + <a href="summa.XP_Q61_A1.html"></a> + <h3 id="XP_Q61-p0.1">OF THE IMPEDIMENT TO MARRIAGE, ARISING FROM A SOLEMN VOW (THREE ARTICLES)</h3> + <p id="XP_Q61-p1"></p> + <p id="XP_Q61-p2"> We must next consider the impediments which supervene to marriage. We shall consider (1) the impediment which affects an + unconsummated marriage, namely a solemn vow: (2) the impediment which affects a consummated marriage, namely fornication. + Under the first head there are three points of inquiry: + </p> + <p id="XP_Q61-p3"> (1) Whether either party after the marriage has been consummated can enter religion without the other's consent?</p> + <p id="XP_Q61-p4"> (2) Whether they can enter religion before the consummation of the marriage?</p> + <p id="XP_Q61-p5"> (3) Whether the wife can take another husband if her former husband has entered religion before the consummation of the marriage?</p> + <div id="XP_Q61_A1" class="div4"> + <a href="summa.XP_Q61.html"></a> + <a href="summa.XP_Q61_A2.html"></a> + <h4 id="XP_Q61_A1-p0.1">Whether one party after the marriage has been consummated can enter religion without the other's consent?</h4> + <p id="XP_Q61_A1-p1"></p> + <p id="XP_Q61_A1-p2"> + <b>Objection 1:</b> It would seem that even after the marriage has been consummated one consort can enter religion without the other's consent. + For the Divine law ought to be more favorable to spiritual things than human law. Now human law has allowed this. Therefore + much more should the Divine law permit it. + </p> + <p id="XP_Q61_A1-p3"> + <b>Objection 2:</b> Further, the lesser good does not hinder the greater. But the married state is a lesser good than the religious state, according + to + <a class="scripRef" id="XP_Q61_A1-p3.1" href="./asv.html#iCor.7.38" target="asv">1 Cor. 7:38.</a> Therefore marriage ought not to hinder a man from being able to enter religion. + </p> + <p id="XP_Q61_A1-p4"> + <b>Objection 3:</b> Further, in every form of religious life there is a kind of spiritual marriage. Now it is lawful to pass from a less strict + religious order to one that is stricter. Therefore it is also allowable to pass from a less strict---namely a carnal---marriage + to a stricter marriage, namely that of the religious life, even without the wife's consent. + </p> + <p id="XP_Q61_A1-p5"> + <b>On the contrary,</b> Married persons are forbidden ( + <a class="scripRef" id="XP_Q61_A1-p5.1" href="./asv.html#iCor.7.5" target="asv">1 Cor. 7:5</a>) to abstain from the use of marriage even for a time without one another's consent, in order to have time for prayer. + </p> + <p id="XP_Q61_A1-p6"> Further, no one can lawfully do that which is prejudicial to another without the latter's consent. Now the religious vow + taken by one consort is prejudicial to the other, since the one has power over the other's body. Therefore one of them cannot + take a religious vow without the other's consent. + </p> + <p id="XP_Q61_A1-p7"> + <b>I answer that,</b> No one can make an offering to God of what belongs to another. Wherefore since by a consummated marriage the husband's body + already belongs to his wife, he cannot by a vow of continence offer it to God without her consent. + </p> + <p id="XP_Q61_A1-p8"> + <b>Reply to Objection 1:</b> Human law considers marriage merely as fulfilling an office of nature: whereas the Divine law considers it as a sacrament, + by reason of which it is altogether indissoluble. Hence the comparison fails. + </p> + <p id="XP_Q61_A1-p9"> + <b>Reply to Objection 2:</b> It is not unreasonable that a greater good be hindered by a lesser which is contrary to it, just as good is hindered by evil. + </p> + <p id="XP_Q61_A1-p10"> + <b>Reply to Objection 3:</b> In every form of religious life marriage is contracted with one person, namely Christ; to Whom, however, a person contracts + more obligations in one religious order than in another. But in carnal marriage and religious marriage the contract is not + with the same person: wherefore that comparison fails. + </p> + <p id="XP_Q61_A1-p11"></p> + <p id="XP_Q61_A1-p12"></p> + <a href="summa.XP_Q61.html"></a> + <a href="summa.XP_Q61_A2.html"></a> + </div> + <div id="XP_Q61_A2" class="div4"> + <a href="summa.XP_Q61_A1.html"></a> + <a href="summa.XP_Q61_A3.html"></a> + <h4 id="XP_Q61_A2-p0.1">Whether before the marriage has been consummated one consort can enter religion without the other's consent?</h4> + <p id="XP_Q61_A2-p1"></p> + <p id="XP_Q61_A2-p2"> + <b>Objection 1:</b> It would seem that even before the marriage has been consummated one consort cannot enter religion without the other's consent. + For the indissolubility of marriage belongs to the sacrament of matrimony, inasmuch, namely, as it signifies the union of + Christ with the Church. Now marriage is a true sacrament before its consummation, and after consent has been expressed in + words of the present. Therefore it cannot be dissolved by one of them entering religion. + </p> + <p id="XP_Q61_A2-p3"> + <b>Objection 2:</b> Further, by virtue of the consent expressed in words of the present, the one consort has given power over his body to the + other. Therefore the one can forthwith ask for the marriage debt, and the other is bound to pay: and so the one cannot enter + religion without the other's consent. + </p> + <p id="XP_Q61_A2-p4"> + <b>Objection 3:</b> Further, it is said ( + <a class="scripRef" id="XP_Q61_A2-p4.1" href="./asv.html#Matt.19.6" target="asv">Mat. 19:6</a>): "What God hath joined together let no man put asunder." But the union which precedes marital intercourse was made by God. + Therefore it cannot be dissolved by the will of man. + </p> + <p id="XP_Q61_A2-p5"> + <b>On the contrary,</b> According to Jerome [*Prolog. in Joan.] our Lord called John from his wedding. + </p> + <p id="XP_Q61_A2-p6"> + <b>I answer that,</b> Before marital intercourse there is only a spiritual bond between husband and wife, but afterwards there is a carnal bond + between them. Wherefore, just as after marital intercourse marriage is dissolved by carnal death, so by entering religion + the bond which exists before the consummation of the marriage is dissolved, because religious life is a kind of spiritual + death, whereby a man dies to the world and lives to God. + </p> + <p id="XP_Q61_A2-p7"> + <b>Reply to Objection 1:</b> Before consummation marriage signifies the union of Christ with the soul by grace, which is dissolved by a contrary spiritual + disposition, namely mortal sin. But after consummation it signifies the union of Christ with the Church, as regards the assumption + of human nature into the unity of person, which union is altogether indissoluble. + </p> + <p id="XP_Q61_A2-p8"> + <b>Reply to Objection 2:</b> Before consummation the body of one consort is not absolutely delivered into the power of the other, but conditionally, provided + neither consort meanwhile seek the fruit of a better life. But by marital intercourse the aforesaid delivery is completed, + because then each of them enters into bodily possession of the power transferred to him. Wherefore also before consummation + they are not bound to pay the marriage debt forthwith after contracting + marriage by words of the present, but a space of two months is allowed them for three reasons. First that they may deliberate + meanwhile about entering religion; secondly, to prepare what is necessary for the solemnization of the wedding. thirdly, lest + the husband think little of a gift he has not longed to possess (cap. Institutum, caus. xxvi, qu. ii). + </p> + <p id="XP_Q61_A2-p9"> + <b>Reply to Objection 3:</b> The marriage union, before consummation, is indeed perfect as to its primary being, but is not finally perfect as to its + second act which is operation. It is like bodily possession and consequently is not altogether indissoluble. + </p> + <p id="XP_Q61_A2-p10"></p> + <p id="XP_Q61_A2-p11"></p> + <a href="summa.XP_Q61_A1.html"></a> + <a href="summa.XP_Q61_A3.html"></a> + </div> + <div id="XP_Q61_A3" class="div4"> + <a href="summa.XP_Q61_A2.html"></a> + <a href="summa.XP_Q62.html"></a> + <h4 id="XP_Q61_A3-p0.1">Whether the wife may take another husband if her husband has entered religion before the consummation of the marriage?</h4> + <p id="XP_Q61_A3-p1"></p> + <p id="XP_Q61_A3-p2"> + <b>Objection 1:</b> It would seem that the wife may not take another husband, if her husband has entered religion before the consummation of + the marriage. For that which is consistent with marriage does not dissolve the marriage tie. Now the marriage tie still remains + between those who equally take religious vows. Therefore by the fact that one enters religion, the other is not freed from + the marriage tie. But as long as she remains tied to one by marriage, she cannot marry + another. Therefore, etc. + </p> + <p id="XP_Q61_A3-p3"> + <b>Objection 2:</b> Further, after entering religion and before making his profession the husband can return to the world. If then the wife can + marry again when her husband enters religion, he also can marry again when he returns to the world: which is absurd. + </p> + <p id="XP_Q61_A3-p4"> + <b>Objection 3:</b> Further, by a new decree (cap. Non solum, de regular. et transeunt.) a profession, if made before the expiry of a year, is + accounted void. Therefore if he return to his wife after making such a profession, she is bound to receive him. Therefore + neither by her husband's entry into religion, nor by his taking a vow, does the wife receive the power to marry again. + </p> + <p id="XP_Q61_A3-p5"> + <b>On the contrary,</b> No one can bind another to those things which belong to perfection. Now continence is of those things that belong to perfection. + Therefore a wife is not bound to continence on account of her husband entering religion, and consequently she can marry. + </p> + <p id="XP_Q61_A3-p6"> + <b>I answer that,</b> Just as bodily death of the husband dissolves the marriage tie in such a way that the wife may marry whom she will, according + to the statement of the Apostle ( + <a class="scripRef" id="XP_Q61_A3-p6.1" href="./asv.html#iCor.7.39" target="asv">1 Cor. 7:39</a>); so too after the husband's spiritual death by entering religion, she can marry whom she will. + </p> + <p id="XP_Q61_A3-p7"> + <b>Reply to Objection 1:</b> When both consorts take a like vow of continence, neither renounces the marriage tie, wherefore it still remains: but when + only one takes the vow, then for his own part he renounces the marriage tie, wherefore the other is freed therefrom. + </p> + <p id="XP_Q61_A3-p8"> + <b>Reply to Objection 2:</b> A person is not accounted dead to the world by entering religion until he makes his profession, and consequently his wife + is bound to wait for him until that time. + </p> + <p id="XP_Q61_A3-p9"> + <b>Reply to Objection 3:</b> We must judge of a profession thus made before the time fixed by law, as of a simple vow. Wherefore just as when the husband + has taken a simple vow his wife is not bound to pay him the marriage debt, and yet has not the power to marry again, so is + it in this case. + </p> + <p id="XP_Q61_A3-p10"></p> + <p id="XP_Q61_A3-p11"></p> + <a href="summa.XP_Q61_A2.html"></a> + <a href="summa.XP_Q62.html"></a> + </div> + <a href="summa.XP_Q60_A2.html"></a> + <a href="summa.XP_Q61_A1.html"></a> + </div> + <div id="XP_Q62" class="div3"> + <a href="summa.XP_Q61_A3.html"></a> + <a href="summa.XP_Q62_A1.html"></a> + <h3 id="XP_Q62-p0.1">OF THE IMPEDIMENT THAT SUPERVENES TO MARRIAGE AFTER ITS CONSUMMATION, NAMELY FORNICATION (SIX ARTICLES)</h3> + <p id="XP_Q62-p1"></p> + <p id="XP_Q62-p2"> We must now consider the impediment that supervenes upon marriage after its consummation, namely fornication, which is an + impediment to a previous marriage as regards the act, although the marriage tie remains. Under this head there are six points + of inquiry: + </p> + <p id="XP_Q62-p3"> (1) Whether it is lawful for a husband to put his wife away on account of fornication?</p> + <p id="XP_Q62-p4"> (2) Whether he is bound to do so?</p> + <p id="XP_Q62-p5"> (3) Whether he may put her away at his own judgment?</p> + <p id="XP_Q62-p6"> (4) Whether in this matter husband and wife are of equal condition?</p> + <p id="XP_Q62-p7"> (5) Whether, after being divorced, they must remain unmarried?</p> + <p id="XP_Q62-p8"> (6) Whether they can be reconciled after being divorced?</p> + <div id="XP_Q62_A1" class="div4"> + <a href="summa.XP_Q62.html"></a> + <a href="summa.XP_Q62_A2.html"></a> + <h4 id="XP_Q62_A1-p0.1">Whether it is lawful for a husband to put away his wife on account of fornication?</h4> + <p id="XP_Q62_A1-p1"></p> + <p id="XP_Q62_A1-p2"> + <b>Objection 1:</b> It would seem unlawful for a husband to put away his wife on account of fornication. For we must not return evil for evil. + But the husband, by putting away his wife on account of fornication, seemingly returns evil for evil. Therefore this is not + lawful. + </p> + <p id="XP_Q62_A1-p3"> + <b>Objection 2:</b> Further, the sin is greater if both commit fornication, than if one only commits it. But if both commit fornication, they + cannot be divorced on that account. Neither therefore can they be, if only one commits fornication. + </p> + <p id="XP_Q62_A1-p4"> + <b>Objection 3:</b> Further, spiritual fornication and certain other sins are more grievous than carnal fornication. But separation from bed + cannot be motived by those sins. Neither therefore can it be done on account of fornication. + </p> + <p id="XP_Q62_A1-p5"> + <b>Objection 4:</b> Further, the unnatural vice is further removed from the marriage goods than fornication is, the manner of which is natural. + Therefore it ought to have been a cause of separation rather than fornication. + </p> + <p id="XP_Q62_A1-p6"> + <b>On the contrary,</b> are the words of + <a class="scripRef" id="XP_Q62_A1-p6.1" href="./asv.html#Matt.5.32" target="asv"> Mat. 5:32.</a> + </p> + <p id="XP_Q62_A1-p7"> Further, one is not bound to keep faith with one who breaks his faith. But a spouse by fornication breaks the faith due to + the other spouse. Therefore one can put the other away on account of fornication. + </p> + <p id="XP_Q62_A1-p8"> + <b>I answer that,</b> Our Lord permitted a man to put away his wife on account of fornication, in punishment of the unfaithful party and in favor + of the faithful party, so that the latter is not bound to marital intercourse with the unfaithful one. There are however seven + cases to be excepted in which it is not lawful to put away a wife who has committed fornication, when either the wife is not + to be blamed, or both parties are equally blameworthy. The first is if the husband + also has committed fornication; the second is if he has prostituted his wife; the third is if the wife, believing her husband + dead on account of his long absence, has married again; the fourth is if another man has fraudulently impersonated her husband + in the marriage-bed; the fifth is if she be overcome by force; the sixth is if he has been reconciled to her by having carnal + intercourse with her after she has committed adultery; the seventh is if both having been married in the state of + unbelief, the husband has given his wife a bill of divorce and she has married again; for then if both be converted the husband + is bound to receive her back again. + </p> + <p id="XP_Q62_A1-p9"> + <b>Reply to Objection 1:</b> A husband sins if through vindictive anger he puts away his wife who has committed fornication, but he does not sin if he + does so in order to avoid losing his good name, lest he seem to share in her guilt, or in order to correct his wife's sin, + or in order to avoid the uncertainty of her offspring. + </p> + <p id="XP_Q62_A1-p10"> + <b>Reply to Objection 2:</b> Divorce on account of fornication is effected by the one accusing the other. And since no one can accuse who is guilty of + the same crime, a divorce cannot be pronounced when both have committed fornication, although marriage is more sinned against + when both are guilty of fornication that when only one is. + </p> + <p id="XP_Q62_A1-p11"> + <b>Reply to Objection 3:</b> Fornication is directly opposed to the good of marriage, since by it the certainty of offspring is destroyed, faith is broken, + and marriage ceases to have its signification when the body of one spouse is given to several others. Wherefore other sins, + though perhaps they be more grievous than fornication, are not motives for a divorce. Since, however, unbelief which is called + spiritual fornication, is also opposed to the good of marriage consisting in + the rearing of the offspring to the worship of God, it is also a motive for divorce, yet not in the same way as bodily fornication. + Because one may take steps for procuring a divorce on account of one act of carnal fornication, not, however, on account of + one act of unbelief, but on account of inveterate unbelief which is a proof of obstinacy wherein unbelief is perfected. + </p> + <p id="XP_Q62_A1-p12"> + <b>Reply to Objection 4:</b> Steps may be taken to procure a divorce on account also of the unnatural vice: but this is not mentioned in the same way, + both because it is an unmentionable passion, and because it does not so affect the certainty of offspring. + </p> + <p id="XP_Q62_A1-p13"></p> + <p id="XP_Q62_A1-p14"></p> + <a href="summa.XP_Q62.html"></a> + <a href="summa.XP_Q62_A2.html"></a> + </div> + <div id="XP_Q62_A2" class="div4"> + <a href="summa.XP_Q62_A1.html"></a> + <a href="summa.XP_Q62_A3.html"></a> + <h4 id="XP_Q62_A2-p0.1">Whether the husband is bound by precept to put away his wife when she is guilty of fornication?</h4> + <p id="XP_Q62_A2-p1"></p> + <p id="XP_Q62_A2-p2"> + <b>Objection 1:</b> It would seem that the husband is bound by precept to put away his wife who is guilty of fornication. For since the husband + is the head of his wife, he is bound to correct his wife. Now separation from bed is prescribed as a correction of the wife + who is guilty of fornication. Therefore he is bound to separate from her. + </p> + <p id="XP_Q62_A2-p3"> + <b>Objection 2:</b> Further, he who consents with one who sins mortally, is also guilty of mortal sin. Now the husband who retains a wife guilty + of fornication would seem to consent with her, as stated in the text (Sent. iv, D, 35). Therefore he sins unless he puts her + away. + </p> + <p id="XP_Q62_A2-p4"> + <b>Objection 3:</b> Further, it is written ( + <a class="scripRef" id="XP_Q62_A2-p4.1" href="./asv.html#iCor.6.16" target="asv">1 Cor. 6:16</a>): "He who is joined to a harlot is made one body." Now a man cannot at once be a member of a harlot and a member of Christ + ( + <a class="scripRef" id="XP_Q62_A2-p4.2" href="./asv.html#iCor.6.15" target="asv">1 Cor. 6:15</a>). Therefore the husband who is joined to a wife guilty of fornication ceases to be a member of Christ, and therefore sins + mortally. + </p> + <p id="XP_Q62_A2-p5"> + <b>Objection 4:</b> Further, just as relationship voids the marriage tie, so does fornication dissolve the marriage-bed. Now after the husband + becomes cognizant of his consanguinity with his wife, he sins mortally if he has carnal intercourse with her. Therefore he + also sins mortally if he does so after knowing her to be guilty of fornication. + </p> + <p id="XP_Q62_A2-p6"> + <b>Objection 5:</b> On the contrary, A gloss on + <a class="scripRef" id="XP_Q62_A2-p6.1" href="./asv.html#iCor.7.11" target="asv">1 Cor. 7:11, </a> "Let not the husband put away his wife" says that "Our Lord permitted a wife to be put away on account of fornication." Therefore + it is not a matter of precept. + </p> + <p id="XP_Q62_A2-p7"> + <b>Objection 6:</b> Further, one can always pardon the sin that another has committed against oneself. Now the wife, by committing fornication, + sinned against her husband. Therefore the husband may spare her by not putting her away. + </p> + <p id="XP_Q62_A2-p8"> + <b>I answer that,</b> The putting away of a wife guilty of fornication was prescribed in order that the wife might be corrected by means of that + punishment. Now a corrective punishment is not required when amendment has already taken place. Wherefore, if the wife repent + of her sin, her husband is not bound to put her away: whereas if she repent not, he is bound to do so, lest he seem to consent + to her sin, by not having recourse to her due correction. + </p> + <p id="XP_Q62_A2-p9"> + <b>Reply to Objection 1:</b> The wife can be corrected for her sin of fornication not only by this punishment but also by words and blows; wherefore if + she be ready to be corrected otherwise, her husband is not bound to have recourse to the aforesaid punishment in order to + correct her. + </p> + <p id="XP_Q62_A2-p10"> + <b>Reply to Objection 2:</b> The husband seems to consent with her when he retains her, notwithstanding that she persists in her past sin: if, however, + she has mended her ways, he does not consent with her. + </p> + <p id="XP_Q62_A2-p11"> + <b>Reply to Objection 3:</b> She can no longer be called a harlot since she has repented of her sin. Wherefore her husband, by being joined to her, does + not become a member of a harlot. We might also reply that he is joined to her not as a harlot but as his wife. + </p> + <p id="XP_Q62_A2-p12"> + <b>Reply to Objection 4:</b> There is no parallel, because the effect of consanguinity is that there is no marriage tie between them, so that carnal intercourse + between them becomes unlawful. Whereas fornication does not remove the said tie, so that the act remains, in itself, lawful, + unless it become accidentally unlawful, in so far as the husband seems to consent to his wife's lewdness. + </p> + <p id="XP_Q62_A2-p13"> + <b>Reply to Objection 5:</b> This permission is to be understood as an absence of prohibition: and thus it is not in contradistinction with a precept, + for that which is a matter of precept is also not forbidden. + </p> + <p id="XP_Q62_A2-p14"> + <b>Reply to Objection 6:</b> The wife sins not only against her husband, but also against herself and against God, wherefore her husband cannot entirely + remit the punishment, unless amendment has followed. + </p> + <p id="XP_Q62_A2-p15"></p> + <p id="XP_Q62_A2-p16"></p> + <a href="summa.XP_Q62_A1.html"></a> + <a href="summa.XP_Q62_A3.html"></a> + </div> + <div id="XP_Q62_A3" class="div4"> + <a href="summa.XP_Q62_A2.html"></a> + <a href="summa.XP_Q62_A4.html"></a> + <h4 id="XP_Q62_A3-p0.1">Whether the husband can on his own judgment put away his wife on account of fornication?</h4> + <p id="XP_Q62_A3-p1"></p> + <p id="XP_Q62_A3-p2"> + <b>Objection 1:</b> It would seem that the husband can on his own judgment put away his wife on account of fornication. For when sentence has + been pronounced by the judge, it is lawful to carry it out without any further judgment. But God, the just Judge, has pronounced + this judgment, that a husband may put his wife away on account of fornication. Therefore no further judgment is required for + this. + </p> + <p id="XP_Q62_A3-p3"> + <b>Objection 2:</b> Further, it is stated ( + <a class="scripRef" id="XP_Q62_A3-p3.1" href="./asv.html#Matt.1.19" target="asv">Mat. 1:19</a>) that Joseph . . . being a just man . . . "was minded to put" Mary "away privately." Therefore it would seem that a husband + may privately pronounce a divorce without the judgment of the Church. + </p> + <p id="XP_Q62_A3-p4"> + <b>Objection 3:</b> Further, if after becoming cognizant of his wife's fornication a husband has marital intercourse with his wife, he forfeits + the action which he had against the adulteress. Therefore the refusal of the marriage debt, which pertains to a divorce, ought + to precede the judgment of the Church. + </p> + <p id="XP_Q62_A3-p5"> + <b>Objection 4:</b> Further, that which cannot be proved ought not to be submitted to the judgment of the Church. Now the crime of fornication + cannot be proved, since "the eye of the adulterer observeth darkness" ( + <a class="scripRef" id="XP_Q62_A3-p5.1" href="./asv.html#Job.24.15" target="asv">Job 24:15</a>). Therefore the divorce in question ought not to be made on the judgment of the Church. + </p> + <p id="XP_Q62_A3-p6"> + <b>Objection 5:</b> Further, accusation should be preceded by inscription [*Cf. + <a id="XP_Q62_A3-p6.1" shape="rect" href="summa.SS_Q33_A7.html">SS, Q[33], A[7]</a>], whereby a person binds himself under the pain of retaliation, if he fails to bring proof. But this is impossible in this + matter, because then, in every event the husband would obtain his end, whether he put his wife away, or his wife put him away. + Therefore she ought not to be summoned by accusation to receive the judgment of the Church. + </p> + <p id="XP_Q62_A3-p7"> + <b>Objection 6:</b> Further, a man is more bound to his wife than to a stranger. Now a man ought not to refer to the Church the crime of another, + even though he be a stranger, without previously admonishing him privately ( + <a class="scripRef" id="XP_Q62_A3-p7.1" href="./asv.html#Matt.18.15" target="asv">Mat. 18:15</a>). Much less therefore may the husband bring his wife's crime before the Church, unless he has previously rebuked her in private. + </p> + <p id="XP_Q62_A3-p8"> + <b>On the contrary,</b> No one should avenge himself. But if a husband were by his own judgment to put away his wife on account of fornication, he + would avenge himself. Therefore this should not be done. + </p> + <p id="XP_Q62_A3-p9"> Further, no man is prosecutor and judge in the same cause. But the husband is the prosecutor by suing his wife for the offense + she has committed against him. Therefore he cannot be the judge, and consequently he cannot put her away on his own judgment. + </p> + <p id="XP_Q62_A3-p10"> + <b>I answer that,</b> A husband can put away his wife in two ways. First as to bed only, and thus he may put her away on his own judgment, as soon + as he has evidence of her fornication: nor is he bound to pay her the marriage debt at her demand, unless he be compelled + by the Church, and by paying it thus he nowise prejudices his own case. Secondly, as to bed and board, and in this way she + cannot be put away except at the judgment of the Church; and if she has been put away + otherwise, he must be compelled to cohabit with her unless the husband can at once prove the wife's fornication. Now this + putting away is called a divorce: and consequently it must be admitted that a divorce cannot be pronounced except at the judgment + of the Church. + </p> + <p id="XP_Q62_A3-p11"> + <b>Reply to Objection 1:</b> The sentence is an application of the general law to a particular fact. Wherefore God gave out the law according to which + the sentence of the court has to be pronounced. + </p> + <p id="XP_Q62_A3-p12"> + <b>Reply to Objection 2:</b> Joseph was minded to put away the Blessed Virgin not as suspected of fornication, but because in reverence for her sanctity, + he feared to cohabit with her. Moreover there is no parallel, because then the sentence at law was not only divorce but also + stoning, but not now when the case is brought to the Church for judgment. The Reply to the Third Objection is clear from what + has been said. + </p> + <p id="XP_Q62_A3-p13"> + <b>Reply to Objection 4:</b> Sometimes when the husband suspects his wife of adultery he watches her secretly that together with witnesses he may discover + her in the sin of fornication, and so proceed to accusation. Moreover, if he has no evidence of the fact, there may be strong + suspicions of fornication, which suspicions being proved the fornication seems to be proved: for instance if they be found + together alone, at a time and place which are open to suspicion, or "nudas cum + nuda." + </p> + <p id="XP_Q62_A3-p14"> + <b>Reply to Objection 5:</b> A husband may accuse his wife of adultery in two ways. First, he may seek a separation from bed before a spiritual judge, + and then there is no need for an inscription to be made under the pain of retaliation, since thus the husband would gain his + end, as the objection proves. Secondly, he may seek for the crime to be punished in a secular court, and then it is necessary + for inscription to precede, whereby he binds himself under pain of retaliation if + he fail to prove his case. + </p> + <p id="XP_Q62_A3-p15"> + <b>Reply to Objection 6:</b> According to a Decretal (Extra, De Simonia, cap. Licet), "there are three modes of procedure in criminal cases. First, by + inquisition, which should be preceded by notoriety; secondly, by accusation, which should be preceded by inscription; [*Cf. + + <a id="XP_Q62_A3-p15.1" shape="rect" href="summa.SS_Q33_A7.html">SS, Q[33], A[7]</a>] thirdly, by denunciation, which should be preceded by fraternal correction." Accordingly the saying of our Lord refers to + the case where the process is by way of + denunciation, and not by accusation, because then the end in view is not only the correction of the guilty party, but also + his punishment, for the safeguarding of the common good, which would be destroyed if justice were lacking. + </p> + <p id="XP_Q62_A3-p16"></p> + <p id="XP_Q62_A3-p17"></p> + <a href="summa.XP_Q62_A2.html"></a> + <a href="summa.XP_Q62_A4.html"></a> + </div> + <div id="XP_Q62_A4" class="div4"> + <a href="summa.XP_Q62_A3.html"></a> + <a href="summa.XP_Q62_A5.html"></a> + <h4 id="XP_Q62_A4-p0.1">Whether in a case of divorce husband and wife should be judged on a par with each other?</h4> + <p id="XP_Q62_A4-p1"></p> + <p id="XP_Q62_A4-p2"> + <b>Objection 1:</b> It would seem that, in a case of divorce, husband and wife ought not to be judged on a par with each other. For divorce under + the New Law takes the place of the divorce [repudium] recognized by the Old Law ( + <a class="scripRef" id="XP_Q62_A4-p2.1" href="./asv.html#Matt.5.31" target="asv">Mat. 5:31,32</a>). Now in the "repudium" husband and wife were not judged on a par with each other, since the husband could put away his wife, + but not "vice versa." Therefore neither in divorce ought they to be judged on a par with each other. + </p> + <p id="XP_Q62_A4-p3"> + <b>Objection 2:</b> Further, it is more opposed to the natural law that a wife have several husbands than that a husband have several wives: + wherefore the latter has been sometimes lawful, but the former never. Therefore the wife sins more grievously in adultery + than the husband, and consequently they ought not to be judged on a par with each other. + </p> + <p id="XP_Q62_A4-p4"> + <b>Objection 3:</b> Further, where there is greater injury to one's neighbor, there is a greater sin. Now the adulterous wife does a greater + injury to her husband, than does the adulterous husband to his wife, since a wife's adultery involves uncertainty of the offspring, + whereas the husband's adultery does not. Therefore the wife's sin is the greater, and so they ought not to be judged on a + par with each other. + </p> + <p id="XP_Q62_A4-p5"> + <b>Objection 4:</b> Further, divorce is prescribed in order to punish the crime of adultery. Now it belongs to the husband who is the head of + the wife ( + <a class="scripRef" id="XP_Q62_A4-p5.1" href="./asv.html#iCor.11.3" target="asv">1 Cor. 11:3</a>) to correct his wife, rather than "vice versa." Therefore they should not be judged on a par with each other for the purpose + of divorce, but the husband ought to have the preference. + </p> + <p id="XP_Q62_A4-p6"> + <b>Objection 5:</b> On the contrary, It would seem in this matter the wife ought to have the preference. For the more frail the sinner the more + is his sin deserving of pardon. Now there is greater frailty in women than in men, for which reason Chrysostom [*Hom. xl in + the Opus Imperfectum falsely ascribed to St. John Chrysostom] says that "lust is a passion proper to women," and the Philosopher + says (Ethic. vii, 7) that "properly speaking women are not said to be continent on + account of their being easily inclined to concupiscence," for neither can dumb animals be continent, because they have nothing + to stand in the way of their desires. Therefore women are rather to be spared in the punishment of divorce. + </p> + <p id="XP_Q62_A4-p7"> + <b>Objection 6:</b> Further, the husband is placed as the head of the woman in order to correct her. Therefore his sin is greater than the woman's + and so he should be punished the more. + </p> + <p id="XP_Q62_A4-p8"> + <b>I answer that,</b> In a case of divorce husband and wife are judged on a par with each other, in the sense that the same things are lawful or + unlawful to the one as to the other: but they are not judged on a par with each other in reference to those things, since + the reason for divorce is greater in one spouse than in the other, although there is sufficient reason for divorce in both. + For divorce is a punishment of adultery, in so far as it is opposed to the marriage goods. + Now as regards the good of fidelity to which husband and wife are equally bound towards each other, the adultery of one is + as great a sin against marriage as the adultery of the other, and this is in either of them a sufficient reason for divorce. + But as regards the good of the offspring the wife's adultery is a greater sin against marriage than the husband's wherefore + it is a greater reason for divorce in the wife than in the husband: and thus they are under an equal obligation, but not for + equal reasons. Nor is this unjust for on either hand there is sufficient reason for the punishment in question, just as there + is in two persons condemned to the punishment of death, although one of them may have sinned more grievously than the other. + </p> + <p id="XP_Q62_A4-p9"> + <b>Reply to Objection 1:</b> The only reason why divorce was permitted, was to avoid murder. And since there was more danger of this in men than in women, + the husband was allowed to put away his wife by a bill of divorce, but not "vice versa." + </p> + <p id="XP_Q62_A4-p10"> Reply OBJ 2 and 3: These arguments are based on the fact that in comparison with the good of the offspring there is more + reason for divorce in an adulterous wife than in an adulterous husband. It does not follow, however, that they are not judged + on a par with each other. + </p> + <p id="XP_Q62_A4-p11"> + <b>Reply to Objection 4:</b> Although the husband is the head of the wife, he is her pilot as it were, and is no more her judge than she is his. Consequently + in matters that have to be submitted to a judge, the husband has no more power over his wife, than she over him. + </p> + <p id="XP_Q62_A4-p12"> + <b>Reply to Objection 5:</b> In adultery there is the same sinful character as in simple fornication, and something more which aggravates it, namely the + lesion to marriage. Accordingly if we consider that which is common to adultery and fornication, the sin of the husband and + that of the wife are compared the one to the other as that which exceeds to that which is exceeded, for in women the humors + are more abundant, wherefore they are more inclined to be led by their + concupiscences, whereas in man there is abundance of heat which excites concupiscence. Simply speaking, however, other things + being equal, a man sins more grievously in simple fornication than a woman, because he has more of the good of reason, which + prevails over all movements of bodily passions. But as regards the lesion to marriage which adultery adds to fornication and + for which reason it is an occasion for divorce, the woman sins more grievously than the man, as appears from what we have + said above. And since it is more grievous than simple fornication, it follows that, simply speaking, the adulterous wife sins + more grievously than the adulterous husband, other things being equal. + </p> + <p id="XP_Q62_A4-p13"> + <b>Reply to Objection 6:</b> Although the control which the husband receives over his wife is an aggravating circumstance, nevertheless the sin is yet + more aggravated by this circumstance which draws the sin to another species, namely by the lesion to marriage, which lesion + becomes a kind of injustice, through the fraudulent substitution of another's child. + </p> + <p id="XP_Q62_A4-p14"></p> + <p id="XP_Q62_A4-p15"></p> + <a href="summa.XP_Q62_A3.html"></a> + <a href="summa.XP_Q62_A5.html"></a> + </div> + <div id="XP_Q62_A5" class="div4"> + <a href="summa.XP_Q62_A4.html"></a> + <a href="summa.XP_Q62_A6.html"></a> + <h4 id="XP_Q62_A5-p0.1">Whether a husband can marry again after having a divorce?</h4> + <p id="XP_Q62_A5-p1"></p> + <p id="XP_Q62_A5-p2"> + <b>Objection 1:</b> It would seem that a husband can marry again after having a divorce. For no one is bound to perpetual continence. Now in + some cases the husband is bound to put away his wife forever on account of fornication, as stated above + <a id="XP_Q62_A5-p2.1" shape="rect" href="summa.XP_Q62_A2.html">(A[2])</a>. Therefore seemingly at least in this case he can marry again. + </p> + <p id="XP_Q62_A5-p3"> + <b>Objection 2:</b> Further, a sinner should not be given a greater occasion of sin. But if she who is put away on account of the sin of fornication + is not allowed to seek another marriage, she is given a greater occasion of sin: for it is improbable that one who was not + continent during marriage will be able to be continent afterwards. Therefore it would seem lawful for her to marry again. + </p> + <p id="XP_Q62_A5-p4"> + <b>Objection 3:</b> Further, the wife is not bound to the husband save as regards the payment of the marriage debt and cohabitation. But she + is freed from both obligations by divorce. Therefore "she is loosed from the law of her husband" [* + <a class="scripRef" id="XP_Q62_A5-p4.1" href="./asv.html#Rom.7.2" target="asv">Rom. 7:2</a>]. Therefore she can marry again; and the same applies to her husband. + </p> + <p id="XP_Q62_A5-p5"> + <b>Objection 4:</b> Further, it is said ( + <a class="scripRef" id="XP_Q62_A5-p5.1" href="./asv.html#Matt.19.9" target="asv">Mat. 19:9</a>): "Whosoever shall put away his wife, except it be for fornication, and shall marry another committeth adultery." Therefore + seemingly he does not commit adultery if he marry again after putting away his wife on account of fornication, and consequently + this will be a true marriage. + </p> + <p id="XP_Q62_A5-p6"> + <b>On the contrary,</b> It is written ( + <a class="scripRef" id="XP_Q62_A5-p6.1" href="./asv.html#iCor.7.10" target="asv">1 Cor. 7:10,11</a>): "Not I, but the Lord, commandeth that the wife depart not from her husband. and, if she depart, that she remain unmarried." + </p> + <p id="XP_Q62_A5-p7"> Further, no one should gain advantage from sin. But the adulteress would if she were allowed to contract another and more + desired marriage; and an occasion of adultery would be afforded those who wish to marry again. Therefore it is unlawful both + to the wife and to the husband to contract a second marriage. + </p> + <p id="XP_Q62_A5-p8"> + <b>I answer that,</b> Nothing supervenient to marriage can dissolve it: wherefore adultery does not make a marriage cease to be valid. For, according + to Augustine (De Nup. et Concup. i, 10), "as long as they live they are bound by the marriage tie, which neither divorce nor + union with another can destroy." Therefore it is unlawful for one, while the other lives, to marry again. + </p> + <p id="XP_Q62_A5-p9"> + <b>Reply to Objection 1:</b> Although no one is absolutely bound to continence, he may be bound accidentally; for instance, if his wife contract an incurable + disease that is incompatible with carnal intercourse. And it is the same if she labor under a spiritual disease, namely fornication, + so as to be incorrigible. + </p> + <p id="XP_Q62_A5-p10"> + <b>Reply to Objection 2:</b> The very shame of having been divorced ought to keep her from sin: and if it cannot keep her from sin, it is a lesser evil + that she alone sin than that her husband take part in her sin. + </p> + <p id="XP_Q62_A5-p11"> + <b>Reply to Objection 3:</b> Although after divorce the wife is not bound to her husband as regards paying him the marriage debt and cohabiting with him, + the marriage tie, whereby she was bound to this, remains, and consequently she cannot marry again during her husband's lifetime. + She can, however, take a vow of continence, against her husband's will, unless it seem that the Church has been deceived by + false witnesses in pronouncing the divorce; for in that case, even if she has + made her vow of profession she ought to be restored to her husband, and would be bound to pay the marriage debt, but it would + be unlawful for her to demand it. + </p> + <p id="XP_Q62_A5-p12"> + <b>Reply to Objection 4:</b> The exception expressed in our Lord's words refers to the putting away of the wife. Hence the objection is based on a false + interpretation. + </p> + <p id="XP_Q62_A5-p13"></p> + <p id="XP_Q62_A5-p14"></p> + <a href="summa.XP_Q62_A4.html"></a> + <a href="summa.XP_Q62_A6.html"></a> + </div> + <div id="XP_Q62_A6" class="div4"> + <a href="summa.XP_Q62_A5.html"></a> + <a href="summa.XP_Q63.html"></a> + <h4 id="XP_Q62_A6-p0.1">Whether husband and wife may be reconciled after being divorced?</h4> + <p id="XP_Q62_A6-p1"></p> + <p id="XP_Q62_A6-p2"> + <b>Objection 1:</b> It would seem that husband and wife may not be reconciled after being divorced. For the law contains the rule (Can. Quod + bene semel, Caus. vi, qu. iv): "That which has been once well decided must not be subsequently withdrawn." Now it has been + decided by the judgment of the Church that they ought to be separated. Therefore they cannot subsequently be reconciled. + </p> + <p id="XP_Q62_A6-p3"> + <b>Objection 2:</b> Further, if it were allowable for them to be reconciled, the husband would seem bound to receive his wife, especially after + she has repented. But he is not bound, for the wife, in defending herself before the judge, cannot allege her repentance against + her husband's accusation of fornication. Therefore in no way is reconciliation allowable. + </p> + <p id="XP_Q62_A6-p4"> + <b>Objection 3:</b> Further, if reconciliation were allowable, it would seem that the adulterous wife is bound to return to her husband if her + husband asks her. But she is not bound, since they are separated by the Church. Therefore, etc. + </p> + <p id="XP_Q62_A6-p5"> + <b>Objection 4:</b> Further, if it were lawful to be reconciled to an adulterous wife, this would especially be the case when the husband is + found to have committed adultery after the divorce. But in this case the wife cannot compel him to be reconciled, since the + divorce has been justly pronounced. Therefore she may nowise be reconciled. + </p> + <p id="XP_Q62_A6-p6"> + <b>Objection 5:</b> Further, if a husband whose adultery is unknown put away his wife, who is convicted of adultery by the sentence of the Church, + the divorce would seem to have been pronounced unjustly. And yet the husband is not bound to be reconciled to his wife, because + she is unable to prove his adultery in court. Much less, therefore, is reconciliation allowable when the divorce has been + granted justly. + </p> + <p id="XP_Q62_A6-p7"> + <b>On the contrary,</b> It is written ( + <a class="scripRef" id="XP_Q62_A6-p7.1" href="./asv.html#iCor.7.11" target="asv">1 Cor. 7:11</a>): "And if she depart, that she remain unmarried, or be reconciled to her husband." + </p> + <p id="XP_Q62_A6-p8"> Further, it is allowable for the husband not to put her away after fornication. Therefore, for the same reason, he can be + reconciled to her after divorce. + </p> + <p id="XP_Q62_A6-p9"> + <b>I answer that,</b> If the wife has mended her ways by repenting of her sin after the divorce, her husband may become reconciled to her; but + if she remain incorrigible in her sin, he must not take her back, for the same reason which forbade him to retain her while + she refused to desist from sin. + </p> + <p id="XP_Q62_A6-p10"> + <b>Reply to Objection 1:</b> The sentence of the Church in pronouncing the divorce did not bind them to separate, but allowed them to do so. Therefore + reconciliation may be effected or ensue without any withdrawal of the previous sentence. + </p> + <p id="XP_Q62_A6-p11"> + <b>Reply to Objection 2:</b> The wife's repentance should induce the husband not to accuse or put away the wife who is guilty of fornication. He cannot, + however, be compelled to this course of action, nor can his wife oppose her repentance to his accusation, because although + she is no longer guilty, neither in act nor in the stain of sin, there still remains something of the debt of punishment, + and though this has been taken away in the sight of God, there still remains the debt + of punishment to be inflicted by the judgment of man, because man sees not the heart as God does. + </p> + <p id="XP_Q62_A6-p12"> + <b>Reply to Objection 3:</b> That which is done in a person's favor does him no prejudice. Wherefore since the divorce has been granted in favor of the + husband, it does not deprive him of the right of asking for the marriage debt, or of asking his wife to return to him. Hence + his wife is bound to pay the debt, and to return to him, if he ask her, unless with his consent she has taken a vow of continence. + </p> + <p id="XP_Q62_A6-p13"> + <b>Reply to Objection 4:</b> According to strict law, a husband who was previously innocent should not be compelled to receive an adulterous wife on account + of his having committed adultery after the divorce. But according to equity, the judge is bound by virtue of his office first + of all to admonish him to beware of imperiling his own soul and of scandalizing others; although the wife may not herself + seek reconciliation. + </p> + <p id="XP_Q62_A6-p14"></p> + <p id="XP_Q62_A6-p15"></p> + <a href="summa.XP_Q62_A5.html"></a> + <a href="summa.XP_Q63.html"></a> + </div> + <a href="summa.XP_Q61_A3.html"></a> + <a href="summa.XP_Q62_A1.html"></a> + </div> + <div id="XP_Q63" class="div3"> + <a href="summa.XP_Q62_A6.html"></a> + <a href="summa.XP_Q63_A1.html"></a> + <h3 id="XP_Q63-p0.1">OF SECOND MARRIAGES (TWO ARTICLES)</h3> + <p id="XP_Q63-p1"></p> + <p id="XP_Q63-p2"> In the next place we must consider second marriage. Under this head there are two points of inquiry:</p> + <p id="XP_Q63-p3"> (1) Whether it is lawful?</p> + <p id="XP_Q63-p4"> (2) Whether it is a sacrament?</p> + <div id="XP_Q63_A1" class="div4"> + <a href="summa.XP_Q63.html"></a> + <a href="summa.XP_Q63_A2.html"></a> + <h4 id="XP_Q63_A1-p0.1">Whether a second marriage is lawful?</h4> + <p id="XP_Q63_A1-p1"></p> + <p id="XP_Q63_A1-p2"> + <b>Objection 1:</b> It would seem that a second marriage is unlawful. Because we should judge of things according to truth. Now Chrysostom [*Hom. + xxxii in the Opus Imperfectum falsely ascribed to St. John Chrysostom] says that "to take a second husband is in truth fornication," + which is unlawful. Therefore neither is a second marriage lawful. + </p> + <p id="XP_Q63_A1-p3"> + <b>Objection 2:</b> Further, whatever is not good is unlawful. Now Ambrose [*On + <a class="scripRef" id="XP_Q63_A1-p3.1" href="./asv.html#iCor.7.40" target="asv">1 Cor. 7:40 </a>and De Viduis] says that a second marriage is not good. Therefore it is unlawful. + </p> + <p id="XP_Q63_A1-p4"> + <b>Objection 3:</b> Further, no one should be debarred from being present at such things as are becoming and lawful. Yet priests are debarred + from being present at second marriages, as stated in the text (Sent. iv, D, 42). Therefore they are unlawful. + </p> + <p id="XP_Q63_A1-p5"> + <b>Objection 4:</b> Further, no one incurs a penalty save for sin. Now a person incurs the penalty of irregularity on account of being married + twice. Therefore a second marriage is unlawful. + </p> + <p id="XP_Q63_A1-p6"> + <b>On the contrary,</b> We read of Abraham having contracted a second marriage ( + <a class="scripRef" id="XP_Q63_A1-p6.1" href="./asv.html#Gen.25.1" target="asv">Gn. 25:1</a>). + </p> + <p id="XP_Q63_A1-p7"> Further, the Apostle says ( + <a class="scripRef" id="XP_Q63_A1-p7.1" href="./asv.html#iTim.5.14" target="asv">1 Tim. 5:14</a>): "I will . . . that the younger," namely widows, "should marry, bear children." Therefore second marriages are lawful. + </p> + <p id="XP_Q63_A1-p8"> + <b>I answer that,</b> The marriage tie lasts only until death ( + <a class="scripRef" id="XP_Q63_A1-p8.1" href="./asv.html#Rom.7.2" target="asv">Rom. 7:2</a>), wherefore at the death of either spouse the marriage tie ceases: and consequently when one dies the other is not hindered + from marrying a second time on account of the previous marriage. Therefore not only second marriages are lawful, but even + third and so on. + </p> + <p id="XP_Q63_A1-p9"> + <b>Reply to Objection 1:</b> Chrysostom is speaking in reference to the cause which is wont at times to incite a person to a second marriage, namely concupiscence + which incites also to fornication. + </p> + <p id="XP_Q63_A1-p10"> + <b>Reply to Objection 2:</b> A second marriage is stated not to be good, not that it is unlawful, but because it lacks the honor of the signification + which is in a first marriage, where one husband has one wife, as in the case of Christ and the Church. + </p> + <p id="XP_Q63_A1-p11"> + <b>Reply to Objection 3:</b> Men who are consecrated to Divine things are debarred not only from unlawful things, but even from things which have any + appearance of turpitude; and consequently they are debarred from second marriages, which lack the decorum which was in a first + marriage. + </p> + <p id="XP_Q63_A1-p12"> + <b>Reply to Objection 4:</b> Irregularity is not always incurred on account of a sin, and may be incurred through a defect in a sacrament [*"Defectus + sacramenti," i.e. defect of signification; Cf. A[2], OBJ[3]]. Hence the argument is not to the point. + </p> + <p id="XP_Q63_A1-p13"></p> + <p id="XP_Q63_A1-p14"></p> + <a href="summa.XP_Q63.html"></a> + <a href="summa.XP_Q63_A2.html"></a> + </div> + <div id="XP_Q63_A2" class="div4"> + <a href="summa.XP_Q63_A1.html"></a> + <a href="summa.XP_Q64.html"></a> + <h4 id="XP_Q63_A2-p0.1">Whether a second marriage is a sacrament?</h4> + <p id="XP_Q63_A2-p1"></p> + <p id="XP_Q63_A2-p2"> + <b>Objection 1:</b> It would seem that a second marriage is not a sacrament. For he who repeats a sacrament injures the sacrament. But no sacrament + should be done an injury. Therefore if a second marriage were a sacrament, marriage ought nowise to be repeated. + </p> + <p id="XP_Q63_A2-p3"> + <b>Objection 2:</b> Further, in every sacrament some kind of blessing is given. But no blessing is given in a second marriage, as stated in the + text (Sent. iv, D, 42). Therefore no sacrament is conferred therein. + </p> + <p id="XP_Q63_A2-p4"> + <b>Objection 3:</b> Further, signification is essential to a sacrament. But the signification of marriage is not preserved in a second marriage, + because there is not a union of only one woman with only one man, as in the case of Christ and the Church. Therefore it is + not a sacrament. + </p> + <p id="XP_Q63_A2-p5"> + <b>Objection 4:</b> Further, one sacrament is not an impediment to receiving another. But a second marriage is an impediment to receiving orders. + Therefore it is not a sacrament. + </p> + <p id="XP_Q63_A2-p6"> + <b>On the contrary,</b> Marital intercourse is excused from sin in a second marriage even as in a first marriage. Now marital intercourse is excused + [*Cf. + <a id="XP_Q63_A2-p6.1" shape="rect" href="summa.XP_Q69_A1.html"> Q[69], A[1]</a>] by the marriage goods which are fidelity, offspring, and sacrament. Therefore a second marriage is a sacrament. + </p> + <p id="XP_Q63_A2-p7"> Further, irregularity is not contracted through a second and non-sacramental union, such as fornication. Yet irregularity + is contracted through a second marriage. Therefore it is a sacramental union. + </p> + <p id="XP_Q63_A2-p8"> + <b>I answer that,</b> Wherever we find the essentials of a sacrament, there is a true sacrament. Wherefore, since in a second marriage we find + all the essentials of the sacrament of marriage (namely the due matter---which results from the parties having the conditions + prescribed by law---and the due form, which is the expression of the inward consent by words of the present), it is clear + that a second marriage is a sacrament even as a first. + </p> + <p id="XP_Q63_A2-p9"> + <b>Reply to Objection 1:</b> This is true of a sacrament which causes an everlasting effect: for then, if the sacrament be repeated, it is implied that + the first was not effective, and thus an injury is done to the first, as is clear in all those sacraments which imprint a + character. But those sacraments which have not an everlasting effect can be repeated without injury to the sacrament, as in + the case of Penance. And, since the marriage tie ceases with death, no injury is done + to the sacrament if a woman marry again after her husband's death. + </p> + <p id="XP_Q63_A2-p10"> + <b>Reply to Objection 2:</b> Although the second marriage, considered in itself, is a perfect sacrament, yet if we consider it in relation to the first + marriage, it is somewhat a defective sacrament, because it has not its full signification, since there is not a union of only + one woman with only one man as in the marriage of Christ with the Church. And on account of this defect the blessing is omitted + in a second marriage. This, however, refers to the case when it is a second + marriage on the part of both man and woman, or on the part of the woman only. For if a virgin marry a man who has had another + wife, the marriage is blessed nevertheless. Because the signification is preserved to a certain extent even in relation to + the former marriage, since though Christ has but one Church for His spouse, there are many persons espoused to Him in the + one Church. But the soul cannot be espoused to another besides Christ, else it commits fornication with the devil. Nor is + there + a spiritual marriage. For this reason when a woman marries a second time the marriage is not blessed on account of the defect + in the sacrament. + </p> + <p id="XP_Q63_A2-p11"> + <b>Reply to Objection 3:</b> The perfect signification is found in a second marriage considered in itself, not however if it be considered in relation + to the previous marriage, and it is thus that it is a defective sacrament. + </p> + <p id="XP_Q63_A2-p12"> + <b>Reply to Objection 4:</b> A second marriage in so far as there is a defect in the sacrament, but not as a sacrament, is an impediment to the sacrament + of Order. + </p> + <p id="XP_Q63_A2-p13"></p> + <p id="XP_Q63_A2-p14"></p> + <a href="summa.XP_Q63_A1.html"></a> + <a href="summa.XP_Q64.html"></a> + </div> + <a href="summa.XP_Q62_A6.html"></a> + <a href="summa.XP_Q63_A1.html"></a> + </div> + <div id="XP_Q64" class="div3"> + <a href="summa.XP_Q63_A2.html"></a> + <a href="summa.XP_Q64_A1.html"></a> + <h3 id="XP_Q64-p0.1">OF THE THINGS ANNEXED TO MARRIAGE, AND FIRST OF THE PAYMENT OF THE MARRIAGE DEBT (TEN ARTICLES)</h3> + <p id="XP_Q64-p1"></p> + <p id="XP_Q64-p2"> In the next place we must consider those things which are annexed to marriage: (1) the payment of the marriage debt; (2) + plurality of wives; (3) bigamy; (4) the bill of divorce; (5) illegitimate children. + </p> + <p id="XP_Q64-p3"> Under the first head there are ten points of inquiry:</p> + <p id="XP_Q64-p4"> (1) Whether one spouse is bound to pay the marriage debt to the other?</p> + <p id="XP_Q64-p5"> (2) Whether one is sometimes bound to pay without being asked?</p> + <p id="XP_Q64-p6"> (3) Whether a wife may demand the debt during the menses?</p> + <p id="XP_Q64-p7"> (4) Whether she is bound to pay it at that time?</p> + <p id="XP_Q64-p8"> (5) Whether husband and wife are equal in this matter?</p> + <p id="XP_Q64-p9"> (6) Whether the one without the other's consent may take a vow that prohibits the payment of the debt?</p> + <p id="XP_Q64-p10"> (7) Whether it is forbidden to ask for the debt at any particular time?</p> + <p id="XP_Q64-p11"> (8) Whether it is a mortal sin to ask for it at a holy time?</p> + <p id="XP_Q64-p12"> (9) Whether it is an obligation to pay it at the time of a festival?</p> + <p id="XP_Q64-p13"> (10) Whether weddings should be forbidden at certain times?</p> + <div id="XP_Q64_A1" class="div4"> + <a href="summa.XP_Q64.html"></a> + <a href="summa.XP_Q64_A2.html"></a> + <h4 id="XP_Q64_A1-p0.1">Whether husband and wife are mutually bound to the payment of the marriage debt?</h4> + <p id="XP_Q64_A1-p1"></p> + <p id="XP_Q64_A1-p2"> + <b>Objection 1:</b> It would seem that husband and wife are not mutually bound, under the obligation of a precept, to the payment of the marriage + debt. For no one is forbidden to receive the Eucharist on account of fulfilling a precept. Yet he who has had intercourse + with his wife cannot partake of the flesh of the Lamb according to Jerome [*Serm. de Esu Agni viii] quoted in the text (Sent. + iv, D, 32). Therefore the payment of the debt does not come under the obligation of a + precept. + </p> + <p id="XP_Q64_A1-p3"> + <b>Objection 2:</b> Further, it is lawful to everyone to abstain from what is hurtful to his person. But it is sometimes harmful to a person + to pay the debt when asked, whether on account of sickness, or because they have already paid it. Therefore it would seem + allowable to refuse the one who asks. + </p> + <p id="XP_Q64_A1-p4"> + <b>Objection 3:</b> Further, it is a sin to render oneself unfit to fulfill an obligation of precept. If, therefore, the payment of the debt + comes under the obligation of a precept, it would seem sinful to render oneself unfit for paying the debt, by fasting or otherwise + weakening the body: but apparently this is untrue. + </p> + <p id="XP_Q64_A1-p5"> + <b>Objection 4:</b> Further, according to the Philosopher (Ethic. viii, 12), marriage is directed to the begetting and rearing of children, as + well as to the community of life. Now leprosy is opposed to both these ends of marriage, for since it is a contagious disease, + the wife is not bound to cohabit with a leprous husband; and besides this disease is often transmitted to the offspring. Therefore + it would seem that a wife is not bound to pay the debt to a leprous husband. + </p> + <p id="XP_Q64_A1-p6"> + <b>On the contrary,</b> As the slave is in the power of his master, so is one spouse in the power of the other ( + <a class="scripRef" id="XP_Q64_A1-p6.1" href="./asv.html#iCor.7.4" target="asv">1 Cor. 7:4</a>). But a slave is bound by an obligation of precept to pay his master the debt of his service according to + <a class="scripRef" id="XP_Q64_A1-p6.2" href="./asv.html#Rom.13.7" target="asv"> Rom. 13:7, </a> "Render . . . to all men their dues, tribute to whom tribute is due," etc. Therefore husband and wife are mutually bound + to the payment of the marriage debt. + </p> + <p id="XP_Q64_A1-p7"> Further, marriage is directed to the avoiding of fornication ( + <a class="scripRef" id="XP_Q64_A1-p7.1" href="./asv.html#iCor.7.2" target="asv">1 Cor. 7:2</a>). But this could not be the effect of marriage, if the one were not bound to pay the debt to the other when the latter is + troubled with concupiscence. Therefore the payment of the debt is an obligation of precept. + </p> + <p id="XP_Q64_A1-p8"> + <b>I answer that,</b> Marriage was instituted especially as fulfilling an office of nature. Wherefore in its act the movement of nature must be + observed according to which the nutritive power administers to the generative power that alone which is in excess of what + is required for the preservation of the individual: for the natural order requires that a thing should be first perfected + in itself, and that afterwards it should communicate of its perfection to others: and this is + also the order of charity which perfects nature. And therefore, since the wife has power over her husband only in relation + to the generative power and not in relation to things directed to the preservation of the individual, the husband is bound + to pay the debt to his wife, in matters pertaining to the begetting of children, with due regard however to his own welfare. + </p> + <p id="XP_Q64_A1-p9"> + <b>Reply to Objection 1:</b> It is possible through fulfilling a precept to render oneself unfit for the exercise of a sacred duty: thus a judge becomes + irregular by sentencing a man to death. In like manner he who pays the marriage debt, in fulfillment of the precept, becomes + unfit for the exercise of divine offices, not because the act in question is sinful, but on account of its carnal nature. + And so, according to the Master (Sent. iv, D, 32), Jerome is speaking only of the + ministers of the Church, and not of others who should be left to use their own discretion, because without sin they may either + abstain out of reverence or receive Christ's body out of devotion. + </p> + <p id="XP_Q64_A1-p10"> + <b>Reply to Objection 2:</b> The wife has no power over her husband's body, except as is consistent with the welfare of his person, as stated above. Wherefore + if she go beyond this in her demands, it is not a request for the debt, but an unjust exaction; and for this reason the husband + is not bound to satisfy her. + </p> + <p id="XP_Q64_A1-p11"> + <b>Reply to Objection 3:</b> If the husband be rendered incapable of paying the debt through a cause consequent upon marriage, for instance through having + already paid the debt and being unable to pay it, the wife has no right to ask again, and in doing so she behaves as a harlot + rather than as a wife. But if he be rendered incapable through some other cause, then if this be a lawful cause, he is not + bound, and she cannot ask, but if it be an unlawful cause, then he sins, and his + wife's sin, should she fall into fornication on this account, is somewhat imputable to him. Hence he should endeavor to do + his best that his wife may remain continent. + </p> + <p id="XP_Q64_A1-p12"> + <b>Reply to Objection 4:</b> Leprosy voids a betrothal but not a marriage. Wherefore a wife is bound to pay the debt even to a leprous husband. But she + is not bound to cohabit with him, because she is not so liable to infection from marital intercourse as from continual cohabitation. + And though the child begotten of them be diseased, it is better to be thus than not at all. + </p> + <p id="XP_Q64_A1-p13"></p> + <p id="XP_Q64_A1-p14"></p> + <a href="summa.XP_Q64.html"></a> + <a href="summa.XP_Q64_A2.html"></a> + </div> + <div id="XP_Q64_A2" class="div4"> + <a href="summa.XP_Q64_A1.html"></a> + <a href="summa.XP_Q64_A3.html"></a> + <h4 id="XP_Q64_A2-p0.1">Whether a husband is bound to pay the debt if his wife does not ask for it?</h4> + <p id="XP_Q64_A2-p1"></p> + <p id="XP_Q64_A2-p2"> + <b>Objection 1:</b> It would seem that the husband is not bound to pay the marriage debt if his wife does not ask for it. For an affirmative + precept is binding only at a certain time. But the time fixed for the payment of the debt can only be when it is asked for. + Therefore he is not bound to payment otherwise. + </p> + <p id="XP_Q64_A2-p3"> + <b>Objection 2:</b> Further, we ought to presume the better things of everyone. Now even for married people it is better to be continent than + to make use of marriage. Therefore unless she ask expressly for the debt, the husband should presume that it pleases her to + be continent, and so he is not bound to pay her the debt. + </p> + <p id="XP_Q64_A2-p4"> + <b>Objection 3:</b> Further, as the wife has power over her husband, so has a master over his slave. Now a slave is not bound to serve his master + save when the latter commands him. Therefore neither is a husband bound to pay the debt to his wife except when she demands + it. + </p> + <p id="XP_Q64_A2-p5"> + <b>Objection 4:</b> Further, the husband can sometimes request his wife not to exact the debt when she asks for it. Much more therefore may he + not pay it when he is not asked. + </p> + <p id="XP_Q64_A2-p6"> + <b>On the contrary,</b> By the payment of the debt a remedy is afforded against the wife's concupiscence. Now a physician who has the care of a sick + person is bound to remedy the disease without being asked. Therefore the husband is bound to pay the debt to his wife although + she ask not for it. Further, a superior is bound to apply a remedy for the sins of his subjects even though they rebel against + it. But the payment of the debt on the husband's part is directed against the + sins of his wife. Therefore sometimes the husband is bound to pay the debt to his wife even though she ask it not of him. + </p> + <p id="XP_Q64_A2-p7"> + <b>I answer that,</b> The debt may be demanded in two ways. First, explicitly, as when they ask one another by words; secondly, implicitly, when + namely the husband knows by certain signs that the wife would wish him to pay the debt, but is silent through shame. And so + even though she does not ask for the debt explicitly in words, the husband is bound to pay it, whenever his wife shows signs + of wishing him to do so. + </p> + <p id="XP_Q64_A2-p8"> + <b>Reply to Objection 1:</b> The appointed time is not only when it is demanded but also when on account of certain signs there is fear of danger (to + avoid which is the purpose of the payment of the debt) unless it be paid then. + </p> + <p id="XP_Q64_A2-p9"> + <b>Reply to Objection 2:</b> The husband may presume this of his wife when he perceives in her no signs of the contrary; but it would be foolish of him + to admit this presumption if he does see such signs. + </p> + <p id="XP_Q64_A2-p10"> + <b>Reply to Objection 3:</b> The master is not ashamed to demand of his slave the duty of his service, as a wife is to ask the marriage debt of her husband. + Yet if the master were not to demand it, either through ignorance or some other cause, the slave would nevertheless be bound + to fulfill his duty, if some danger were threatening. For this is what is meant by "not serving to the eye" ( + <a class="scripRef" id="XP_Q64_A2-p10.1" href="./asv.html#Eph.6.6" target="asv">Eph. 6:6</a>; + <a class="scripRef" id="XP_Q64_A2-p10.2" href="./asv.html#Col.3.22" target="asv">Col. 3:22</a>) which is the Apostle's command to servants. + </p> + <p id="XP_Q64_A2-p11"> + <b>Reply to Objection 4:</b> A husband should not dissuade his wife from asking for the debt, except for a reasonable cause; and even then he should not + be too insistent, on account of the besetting danger. + </p> + <p id="XP_Q64_A2-p12"></p> + <p id="XP_Q64_A2-p13"></p> + <a href="summa.XP_Q64_A1.html"></a> + <a href="summa.XP_Q64_A3.html"></a> + </div> + <div id="XP_Q64_A3" class="div4"> + <a href="summa.XP_Q64_A2.html"></a> + <a href="summa.XP_Q64_A4.html"></a> + <h4 id="XP_Q64_A3-p0.1">Whether it is allowable for a menstruous wife to ask for the marriage debt? [*This and the Fourth Article are omitted in the + Leonine edition.] + </h4> + <p id="XP_Q64_A3-p1"></p> + <p id="XP_Q64_A3-p2"> + <b>Objection 1:</b> It would seem lawful for a menstruous wife to ask for the marriage debt. For in the Law a man who had an issue of seed was + unclean, even as a menstruous woman. Yet a man who has an issue of seed may ask for the debt. Therefore a menstruous wife + may also. + </p> + <p id="XP_Q64_A3-p3"> + <b>Objection 2:</b> Further, leprosy is a worse complaint than suffering from monthly periods, and would seem to cause a greater corruption in + the offspring. Yet a leper can ask for the debt. Therefore, etc. + </p> + <p id="XP_Q64_A3-p4"> + <b>Objection 3:</b> Further, if a menstruous wife is not allowed to ask for the debt, this can only be because it is feared this may be detrimental + to the offspring. Yet if the wife be unfruitful there is no such fear. Therefore, seemingly, at least an unfruitful wife may + ask for the debt during her menses. + </p> + <p id="XP_Q64_A3-p5"> + <b>On the contrary,</b> "Thou shalt not approach to a woman having her flowers" ( + <a class="scripRef" id="XP_Q64_A3-p5.1" href="./asv.html#Lev.18.19" target="asv">Lev. 18:19</a>) where Augustine observes: "Although he has already sufficiently forbidden this he repeats the prohibition here lest he seem + to have spoken figuratively." + </p> + <p id="XP_Q64_A3-p6"> Further, "All our justices" are become "as the rag of a menstruous woman" ( + <a class="scripRef" id="XP_Q64_A3-p6.1" href="./asv.html#Isa.64.6" target="asv">Is. 64:6</a>) where Jerome observes: "Men ought then to keep away from their wives because thus is a deformed blind lame leprous offspring + conceived: so that those parents who are not ashamed to come together in sexual intercourse have their sin made obvious to + all": and thus the same conclusion follows. + </p> + <p id="XP_Q64_A3-p7"> + <b>I answer that,</b> It was forbidden in the Law to approach to a menstruous woman, for two reasons both on account of her uncleanness, and on + account of the harm that frequently resulted to the offspring from such intercourse. With regard to the first reason, it was + a ceremonial precept, but with regard to the second it was a moral precept. For since marriage is chiefly directed to the + good of the offspring, all use of marriage which is intended for the good of the offspring is + in order. Consequently this precept is binding even in the New Law on account of the second reason, although not on account + of the first. Now, the menstrual issue may be natural or unnatural. The natural issue is that to which women are subject at + stated periods when they are in good health; and it is unnatural when they suffer from an issue of blood through some disorder + resulting from sickness. Accordingly if the menstrual flow be unnatural it is not forbidden in the New Law to approach to + a + menstruous woman both on account of her infirmity since a woman in that state cannot conceive, and because an issue of this + kind is lasting and continuous, so that the husband would have to abstain for always. When however the woman is subject to + a natural issue of the menstruum, she can conceive; moreover, the said issue lasts only a short time, wherefore it is forbidden + to approach to her. In like manner a woman is forbidden to ask for the debt during the period of that issue. + </p> + <p id="XP_Q64_A3-p8"> + <b>Reply to Objection 1:</b> The issue of seed in a man is the result of infirmity, nor is the seed in this case apt for generation. Moreover a complaint + of this kind is continual or lasting like leprosy: wherefore the comparison falls. + </p> + <p id="XP_Q64_A3-p9"> This suffices for the Reply to the Second Objection.</p> + <p id="XP_Q64_A3-p10"> + <b>Reply to Objection 3:</b> As long as a woman is subject to the menses it cannot be certain that she is sterile. For some are sterile in youth, and + in course of time become fruitful, and "vice versa," as the Philosopher observes (De Gener. Anim. xvi). + </p> + <p id="XP_Q64_A3-p11"></p> + <p id="XP_Q64_A3-p12"></p> + <a href="summa.XP_Q64_A2.html"></a> + <a href="summa.XP_Q64_A4.html"></a> + </div> + <div id="XP_Q64_A4" class="div4"> + <a href="summa.XP_Q64_A3.html"></a> + <a href="summa.XP_Q64_A5.html"></a> + <h4 id="XP_Q64_A4-p0.1">Whether a menstruous woman should or may lawfully pay the marriage debt to her husband if he ask for it? [*This and the previous + article are omitted in the Leonine edition.] + </h4> + <p id="XP_Q64_A4-p1"></p> + <p id="XP_Q64_A4-p2"> + <b>Objection 1:</b> It would seem that a menstruous wife may not pay the marriage debt to her husband at his asking. For it is written ( + <a class="scripRef" id="XP_Q64_A4-p2.1" href="./asv.html#Lev.20.18" target="asv">Lev. 20:18</a>) that if any man approach to a menstruous woman both shall be put to death. Therefore it would seem that both he who asks + and she who grants are guilty of mortal sin. + </p> + <p id="XP_Q64_A4-p3"> + <b>Objection 2:</b> Further, "Not only they that do them but they also that consent to them are worthy of death" ( + <a class="scripRef" id="XP_Q64_A4-p3.1" href="./asv.html#Rom.1.32" target="asv">Rom. 1:32</a>). Now he who knowingly asks for the debt from a menstruous woman sins mortally. Therefore she also sins mortally by consenting + to pay the debt. + </p> + <p id="XP_Q64_A4-p4"> + <b>Objection 3:</b> Further, a madman must not be given back his sword lest he kill himself or another. Therefore in like manner neither should + a wife give her body to her husband during her menses, lest he be guilty of spiritual murder. + </p> + <p id="XP_Q64_A4-p5"> + <b>On the contrary,</b> "The wife hath not power of her own body, but the husband" ( + <a class="scripRef" id="XP_Q64_A4-p5.1" href="./asv.html#iCor.7.4" target="asv">1 Cor. 7:4</a>). Therefore at his asking his wife must pay the debt even during her menses. + </p> + <p id="XP_Q64_A4-p6"> Further, the menstruous wife should not be an occasion of sin to her husband. But she would give her husband an occasion + of sin, if she paid him not the debt at his asking; since he might commit fornication. Therefore, etc. + </p> + <p id="XP_Q64_A4-p7"> + <b>I answer that,</b> In this regard some have asserted that a menstruous woman may not pay the debt even as she may not ask for it. For just as + she would not be bound to pay it if she had some personal ailment so as to make it dangerous for herself, so is she not bound + to pay for fear of danger to the offspring. But this opinion would seem to derogate from marriage, by which the husband is + given entire power of his wife's body with regard to the marriage act. Nor is there any + parallel between bodily affliction of the offspring and the danger to her own body: since, if the wife be ailing, it is quite + certain that she would be endangered by the carnal act, whereas this is by no means so certain with regard to the offspring + which perhaps would not be forthcoming. + </p> + <p id="XP_Q64_A4-p8"> Wherefore others say that a menstruous woman is never allowed to ask for the debt; and that if her husband ask, he does so + either knowingly or in ignorance. If knowingly, she ought to dissuade him by her prayers and admonitions; yet not so insistently + as possibly to afford him an occasion of falling into other, and those sinful, practices, if he be deemed that way inclined. + If however, he ask in ignorance, the wife may put forward some motive, or allege sickness as a reason for + not paying the debt, unless there be fear of danger to her husband. If, however, the husband ultimately persists in his request, + she must yield to his demand. But it would not be safe for her to make known [*"Indicare," as in the commentary on the Sentences; + the Leonine edition reads "judicare."] her disaffection, lest this make her husband entertain a repulsion towards her, unless + his prudence may be taken for granted. + </p> + <p id="XP_Q64_A4-p9"> + <b>Reply to Objection 1:</b> This refers to the case when both willingly consent, but not when the woman pays the debt by force as it were. + </p> + <p id="XP_Q64_A4-p10"> + <b>Reply to Objection 2:</b> Since there is no consent without the concurrence of the will, the woman is not deemed to consent in her husband's sin unless + she pay the debt willingly. For when she is unwilling she is passive rather than consenting. + </p> + <p id="XP_Q64_A4-p11"> + <b>Reply to Objection 3:</b> A madman should be given back his sword if a greater danger were feared from its not being returned to him: and thus it is + in the case in point. + </p> + <p id="XP_Q64_A4-p12"></p> + <p id="XP_Q64_A4-p13"></p> + <a href="summa.XP_Q64_A3.html"></a> + <a href="summa.XP_Q64_A5.html"></a> + </div> + <div id="XP_Q64_A5" class="div4"> + <a href="summa.XP_Q64_A4.html"></a> + <a href="summa.XP_Q64_A6.html"></a> + <h4 id="XP_Q64_A5-p0.1">Whether husband and wife are equal in the marriage act?</h4> + <p id="XP_Q64_A5-p1"></p> + <p id="XP_Q64_A5-p2"> + <b>Objection 1:</b> It would seem that husband and wife are not equal in the marriage act. For according to Augustine (Gen. ad lit. xii) the + agent is more noble than the patient. But in the marriage act the husband is as agent and the wife as patient. Therefore they + are not equal in that act. + </p> + <p id="XP_Q64_A5-p3"> + <b>Objection 2:</b> Further, the wife is not bound to pay her husband the debt without being asked; whereas he is so bound, as stated above ( + <a id="XP_Q64_A5-p3.1" shape="rect" href="summa.XP_Q64_A1.html">AA[1]</a>,2). Therefore they are not equal in the marriage act. + </p> + <p id="XP_Q64_A5-p4"> + <b>Objection 3:</b> Further, the woman was made on the man's account in reference to marriage according to + <a class="scripRef" id="XP_Q64_A5-p4.1" href="./asv.html#Gen.2.18" target="asv"> Gn. 2:18, </a> "Let us make him a help like unto himself." But that on account of which another thing is, is always the principal. Therefore, + etc. + </p> + <p id="XP_Q64_A5-p5"> + <b>Objection 4:</b> Further, marriage is chiefly directed to the marriage act. But in marriage "the husband is the head of the wife" ( + <a class="scripRef" id="XP_Q64_A5-p5.1" href="./asv.html#Eph.5.23" target="asv">Eph. 5:23</a>). Therefore they are not equal in the aforesaid act. + </p> + <p id="XP_Q64_A5-p6"> + <b>On the contrary,</b> It is written ( + <a class="scripRef" id="XP_Q64_A5-p6.1" href="./asv.html#iCor.7.4" target="asv">1 Cor. 7:4</a>): "The husband . . . hath not power of his own body," and the same is said of the wife. Therefore they are equal in the marriage + act. + </p> + <p id="XP_Q64_A5-p7"> Further, Marriage is a relation of equiparence, since it is a kind of union, as stated above ( + <a id="XP_Q64_A5-p7.1" shape="rect" href="summa.XP_Q44_A1.html">Q[44], AA[1]</a>,3). Therefore husband and wife are equal in the marriage act. + </p> + <p id="XP_Q64_A5-p8"> + <b>I answer that,</b> Equality is twofold, of quantity and of proportion. Equality of quantity is that which is observed between two quantities + of the same measure, for instance a thing two cubits long and another two cubits in length. But equality of proportion is + that which is observed between two proportions of the same kind as double to double. Accordingly, speaking of the first equality, + husband and wife are not equal in marriage; neither as regards the marriage act, wherein + the more noble part is due to the husband, nor as regards the household management, wherein the wife is ruled and the husband + rules. But with reference to the second kind of equality, they are equal in both matters, because just as in both the marriage + act and in the management of the household the husband is bound to the wife in all things pertaining to the husband, so is + the wife bound to the husband in all things pertaining to the wife. It is in this sense that it is stated in the text + (Sent. iv, D, 32) that they are equal in paying and demanding the debt. + </p> + <p id="XP_Q64_A5-p9"> + <b>Reply to Objection 1:</b> Although it is more noble to be active than passive, there is the same proportion between patient and passivity as between + agent and activity; and accordingly there is equality of proportion between them. + </p> + <p id="XP_Q64_A5-p10"> + <b>Reply to Objection 2:</b> This is accidental. For the husband having the more noble part in the marriage act, it is natural that he should be less + ashamed than the wife to ask for the debt. Hence it is that the wife is not bound to pay the debt to her husband without being + asked, whereas the husband is bound to pay it to the wife. + </p> + <p id="XP_Q64_A5-p11"> + <b>Reply to Objection 3:</b> This proves that they are not equal absolutely, but not that they are not equal in proportion. + </p> + <p id="XP_Q64_A5-p12"> + <b>Reply to Objection 4:</b> Although the head is the principal member, yet just as the members are bound to the head in their own respective capacities, + so is the head in its own capacity bound to the members: and thus there is equality of proportion between them. + </p> + <p id="XP_Q64_A5-p13"></p> + <p id="XP_Q64_A5-p14"></p> + <a href="summa.XP_Q64_A4.html"></a> + <a href="summa.XP_Q64_A6.html"></a> + </div> + <div id="XP_Q64_A6" class="div4"> + <a href="summa.XP_Q64_A5.html"></a> + <a href="summa.XP_Q64_A7.html"></a> + <h4 id="XP_Q64_A6-p0.1">Whether husband and wife can take a vow contrary to the marriage debt without their mutual consent?</h4> + <p id="XP_Q64_A6-p1"></p> + <p id="XP_Q64_A6-p2"> + <b>Objection 1:</b> It would seem that husband and wife may take a vow contrary to the marriage debt without their mutual consent. For husband + and wife are equally bound to pay the debt, as stated above + <a id="XP_Q64_A6-p2.1" shape="rect" href="summa.XP_Q64_A5.html">(A[5])</a>. Now it is lawful for the husband, even if his wife be unwilling, to take the cross in defense of the Holy Land: and consequently + this is also lawful to the wife. Therefore, since this prevents the payment of the debt, either husband or wife may + without the other's consent take the aforesaid vow. + </p> + <p id="XP_Q64_A6-p3"> + <b>Objection 2:</b> Further, in taking a vow one should not await the consent of another who cannot dissent without sin. Now the husband or wife + cannot, without sin, refuse their consent to the other's taking a vow of continence whether absolutely or for a time; because + to prevent a person's spiritual progress is a sin against the Holy Ghost. Therefore the one can take a vow of continence either + absolutely or for a time, without the other's consent. + </p> + <p id="XP_Q64_A6-p4"> + <b>Objection 3:</b> Further, in the marriage act, the debt has to be demanded just as it has to be paid. Now the one can, without the other's + consent, vow not to demand the debt, since in this he is within his own rights. Therefore he can equally take a vow not to + pay the debt. + </p> + <p id="XP_Q64_A6-p5"> + <b>Objection 4:</b> Further, no one can be bound by the command of a superior to do what he cannot lawfully vow or do simply, since one must + not obey in what is unlawful. Now the superior authority might command the husband not to pay the debt to his wife for a time, + by occupying him in some service. Therefore he might, of his own accord, do or vow that which would hinder him from paying + the debt. + </p> + <p id="XP_Q64_A6-p6"> + <b>On the contrary,</b> It is written ( + <a class="scripRef" id="XP_Q64_A6-p6.1" href="./asv.html#iCor.7.5" target="asv">1 Cor. 7:5</a>): "Defraud not one another, except . . . by consent, for a time, that you may give yourselves to prayer." + </p> + <p id="XP_Q64_A6-p7"> Further, no one can vow that which belongs to another. Now "the husband . . . hath not power of his own body, but the wife" + ( + <a class="scripRef" id="XP_Q64_A6-p7.1" href="./asv.html#iCor.7.4" target="asv">1 Cor. 7:4</a>). Therefore, without her consent, the husband cannot take a vow of continence whether absolutely or for a time. + </p> + <p id="XP_Q64_A6-p8"> + <b>I answer that,</b> A vow is a voluntary act, as its very name implies: and consequently a vow can only be about those goods which are subject + to our will, and those in which one person is bound to another do not come under this head. Therefore in matters of this kind + one person cannot take a vow without the consent of the one to whom he is bound. Consequently, since husband and wife are + mutually bound as regards the payment of the debt which is an obstacle to continence, the + one cannot vow continence without the other's consent; and if he take the vow he sins, and must not keep the vow, but must + do penance for an ill-taken vow [*Cf. + <a id="XP_Q64_A6-p8.1" shape="rect" href="summa.XP_Q53_A1.html"> Q[53], AA[1]</a>,4; + <a id="XP_Q64_A6-p8.2" shape="rect" href="summa.XP_Q61_A1.html"> Q[61], A[1]</a>]. + </p> + <p id="XP_Q64_A6-p9"> + <b>Reply to Objection 1:</b> It is sufficiently probable that the wife ought to be willing to remain continent for a time, in order to succor the need + of the universal Church. Hence in favor of the business for which the cross is given to him, it is laid down that the husband + may take the cross without his wife's consent, even as he might go fighting without the consent of his landlord whose land + he has leased. And yet the wife is not entirely deprived of her right, since she can + follow him. Nor is there a parallel between wife and husband: because, since the husband has to rule the wife and not "vice + versa," the wife is bound to follow her husband rather than the husband the wife. Moreover there would be more danger to the + wife's chastity as a result of wandering from country to country, than to the husband's, and less profit to the Church. Wherefore + the wife cannot take this vow without her husband's consent. + </p> + <p id="XP_Q64_A6-p10"> + <b>Reply to Objection 2:</b> The one spouse, by refusing to consent to the other's vow of continence, does not sin, because the object of his dissent + is to hinder not the other's good, but the harm to himself. + </p> + <p id="XP_Q64_A6-p11"> + <b>Reply to Objection 3:</b> There are two opinions on this point. For some say that one can without the other's consent vow not to demand the debt, not + however not to pay it, because in the former case they are both within their own rights, but not in the second. Seeing, however, + that if one were never to ask for the debt, marriage would become too burdensome to the other who would always have to undergo + the shame of asking for the debt, others assert with greater probability + that neither vow can be lawfully taken by one spouse without the other's consent. + </p> + <p id="XP_Q64_A6-p12"> + <b>Reply to Objection 4:</b> Just as the wife receives power over her husband's body, without prejudice to the husband's duty to his own body, so also + is it without prejudice to his duty to his master. Hence just as a wife cannot ask her husband for the debt to the detriment + of his bodily health, so neither can she do this so as to hinder him in his duty to his master. And yet the master cannot + for this reason prevent her from paying the debt. + </p> + <p id="XP_Q64_A6-p13"></p> + <p id="XP_Q64_A6-p14"></p> + <a href="summa.XP_Q64_A5.html"></a> + <a href="summa.XP_Q64_A7.html"></a> + </div> + <div id="XP_Q64_A7" class="div4"> + <a href="summa.XP_Q64_A6.html"></a> + <a href="summa.XP_Q64_A8.html"></a> + <h4 id="XP_Q64_A7-p0.1">Whether it is forbidden to demand the debt on holy days?</h4> + <p id="XP_Q64_A7-p1"></p> + <p id="XP_Q64_A7-p2"> + <b>Objection 1:</b> It would seem that a person ought not to be forbidden to ask for the debt on holy days. For the remedy should be applied + when the disease gains strength. Now concupiscence may possibly gain strength on a feast day. Therefore the remedy should + be applied then by asking for the debt. + </p> + <p id="XP_Q64_A7-p3"> + <b>Objection 2:</b> Further, the only reason why the debt should not be demanded on feast days is because they are devoted to prayer. Yet on + those days certain hours are appointed for prayer. Therefore one may ask for the debt at some other time. + </p> + <p id="XP_Q64_A7-p4"> + <b>On the contrary,</b> Just as certain places are holy because they are devoted to holy things, so are certain times holy for the same reason. But + it is not lawful to demand the debt in a holy place. Therefore neither is it lawful at a holy time. + </p> + <p id="XP_Q64_A7-p5"> + <b>I answer that,</b> Although the marriage act is void of sin, nevertheless since it oppresses the reason on account of the carnal pleasure, it + renders man unfit for spiritual things. Therefore, on those days when one ought especially to give one's time to spiritual + things, it is not lawful to ask for the debt. + </p> + <p id="XP_Q64_A7-p6"> + <b>Reply to Objection 1:</b> At such a time other means may be employed for the repression of concupiscence; for instance, prayer and many similar things, + to which even those who observe perpetual continence have recourse. + </p> + <p id="XP_Q64_A7-p7"> + <b>Reply to Objection 2:</b> Although one is not bound to pray at all hours, one is bound throughout the day to keep oneself fit for prayer. + </p> + <p id="XP_Q64_A7-p8"></p> + <p id="XP_Q64_A7-p9"></p> + <a href="summa.XP_Q64_A6.html"></a> + <a href="summa.XP_Q64_A8.html"></a> + </div> + <div id="XP_Q64_A8" class="div4"> + <a href="summa.XP_Q64_A7.html"></a> + <a href="summa.XP_Q64_A9.html"></a> + <h4 id="XP_Q64_A8-p0.1">Whether it is a mortal sin to ask for the debt at a holy time?</h4> + <p id="XP_Q64_A8-p1"></p> + <p id="XP_Q64_A8-p2"> + <b>Objection 1:</b> It would seem that it is a mortal sin to ask for the debt at a holy time. For Gregory says (Dial. i) that the devil took + possession of a woman who had intercourse with her husband at night and came in the morning to the procession. But this would + not have happened had she not sinned mortally. Therefore, etc. + </p> + <p id="XP_Q64_A8-p3"> + <b>Objection 2:</b> Further, whoever disobeys a Divine command commits a mortal sin. Now the Lord commanded ( + <a class="scripRef" id="XP_Q64_A8-p3.1" href="./asv.html#Exod.19.15" target="asv">Ex. 19:15</a>): "Come not near your wives," when namely they were about to receive the Law. Much more therefore do husbands sin mortally + if they have intercourse with their wives at a time when they should be intent on the sacred observances of the New Law. + </p> + <p id="XP_Q64_A8-p4"> + <b>On the contrary,</b> No circumstance aggravates infinitely. But undue time is a circumstance. Therefore it does not aggravate a sin infinitely, + so as to make mortal what was otherwise venial. + </p> + <p id="XP_Q64_A8-p5"> + <b>I answer that,</b> To ask for the debt on a feast day is not a circumstance drawing a sin into another species; wherefore it cannot aggravate + infinitely. Consequently a wife or husband does not sin mortally by asking for the debt on a feast day. It is however a more + grievous sin to ask for the sake of mere pleasure, than through fear of the weakness of the flesh. + </p> + <p id="XP_Q64_A8-p6"> + <b>Reply to Objection 1:</b> This woman was punished not because she paid the debt, but because afterwards she rashly intruded into the divine service + against her conscience. + </p> + <p id="XP_Q64_A8-p7"> + <b>Reply to Objection 2:</b> The authority quoted shows not that it is a mortal sin but that it is unbecoming. For under the Old Law which was given to + a carnal people many things were required under an obligation of precept, for the sake of bodily cleanness, which are not + required in the New Law which is the law of the spirit. + </p> + <p id="XP_Q64_A8-p8"></p> + <p id="XP_Q64_A8-p9"></p> + <a href="summa.XP_Q64_A7.html"></a> + <a href="summa.XP_Q64_A9.html"></a> + </div> + <div id="XP_Q64_A9" class="div4"> + <a href="summa.XP_Q64_A8.html"></a> + <a href="summa.XP_Q64_A10.html"></a> + <h4 id="XP_Q64_A9-p0.1">Whether one spouse is bound to pay the debt to the other at a festal time?</h4> + <p id="XP_Q64_A9-p1"></p> + <p id="XP_Q64_A9-p2"> + <b>Objection 1:</b> It would seem that neither are they bound to pay the debt at a festal time. For those who commit a sin as well as those who + consent thereto are equally punished ( + <a class="scripRef" id="XP_Q64_A9-p2.1" href="./asv.html#Rom.1.32" target="asv">Rom. 1:32</a>). But the one who pays the debt consents with the one that asks, who sins. Therefore he sins also. + </p> + <p id="XP_Q64_A9-p3"> + <b>Objection 2:</b> Further, it is an affirmative precept that binds us to pray, and therefore we are bound to do so at a fixed time. Therefore + one ought not to pay the debt at a time when one is bound to pray, as neither ought one at a time when one is bound to fulfill + a special duty towards a temporal master. + </p> + <p id="XP_Q64_A9-p4"> + <b>On the contrary,</b> It is written ( + <a class="scripRef" id="XP_Q64_A9-p4.1" href="./asv.html#iCor.7.5" target="asv">1 Cor. 7:5</a>): "Defraud not one another, except by consent, for a time," etc. Therefore when one spouse asks the other must pay. + </p> + <p id="XP_Q64_A9-p5"> + <b>I answer that,</b> Since the wife has power of her husband's body, and "vice versa," with regard to the act of procreation, the one is bound + to pay the debt to the other, at any season or hour, with due regard to the decorum required in such matters, for this must + not be done at once openly. + </p> + <p id="XP_Q64_A9-p6"> + <b>Reply to Objection 1:</b> As far as he is concerned he does not consent, but grants unwillingly and with grief that which is exacted of him; and consequently + he does not sin. For it is ordained by God, on account of the weakness of the flesh, that the debt must always be paid to + the one who asks lest he be afforded an occasion of sin. + </p> + <p id="XP_Q64_A9-p7"> + <b>Reply to Objection 2:</b> No hour is fixed for praying, but that compensation can be made at some other hour; wherefore the argument is not cogent. + </p> + <p id="XP_Q64_A9-p8"></p> + <p id="XP_Q64_A9-p9"></p> + <a href="summa.XP_Q64_A8.html"></a> + <a href="summa.XP_Q64_A10.html"></a> + </div> + <div id="XP_Q64_A10" class="div4"> + <a href="summa.XP_Q64_A9.html"></a> + <a href="summa.XP_Q65.html"></a> + <h4 id="XP_Q64_A10-p0.1">Whether weddings should be forbidden at certain times? [*This article is omitted in the Leonine edition.]</h4> + <p id="XP_Q64_A10-p1"></p> + <p id="XP_Q64_A10-p2"> + <b>Objection 1:</b> It would seem that weddings ought not to be forbidden at certain times. For marriage is a sacrament: and the celebration + of the others sacraments is not forbidden at those times. Therefore neither should the celebration of marriage be forbidden + then. + </p> + <p id="XP_Q64_A10-p3"> + <b>Objection 2:</b> Further, asking for the marriage debt is more unbecoming on feast days than the celebration of marriage. Yet the debt may + be asked for on those days. Therefore also marriages may be solemnized. + </p> + <p id="XP_Q64_A10-p4"> + <b>Objection 3:</b> Further, marriages that are contracted in despite of the law of the Church ought to be dissolved. Yet marriages are not dissolved + if they be contracted at those times. Therefore it should not be forbidden by a commandment of the Church. + </p> + <p id="XP_Q64_A10-p5"> + <b>On the contrary,</b> It is written ( + <a class="scripRef" id="XP_Q64_A10-p5.1" href="./asv.html#Eccl.3.5" target="asv">Eccles. 3:5</a>): "A time to embrace, and a time to be far from embraces." + </p> + <p id="XP_Q64_A10-p6"> + <b>I answer that,</b> When the newly married spouse is given to her husband, the minds of husband and wife are taken up with carnal preoccupations + by reason of the very newness of things, wherefore weddings are wont to be signalized by much unrestrained rejoicing. On this + account it is forbidden to celebrate marriages at those times when men ought especially to arise to spiritual things. Those + times are from Advent until the Epiphany because of the Communion which, according to + the ancient Canons, is wont to be made at Christmas (as was observed in its proper place, + <a id="XP_Q64_A10-p6.1" shape="rect" href="summa.TP_Q30.html">TP, Q[30])</a>, from Septuagesima until the octave day of Easter, on account of the Easter Communion, and from the three days before the + Ascension until the octave day of Pentecost, on account of the preparation for Communion to be received at that time. + </p> + <p id="XP_Q64_A10-p7"> + <b>Reply to Objection 1:</b> The celebration of marriage has a certain worldly and carnal rejoicing connected with it, which does not apply to the other + sacraments. Hence the comparison fails. + </p> + <p id="XP_Q64_A10-p8"> + <b>Reply to Objection 2:</b> There is not such a distraction of minds caused by the payment of a request for the debt as by the celebration of a marriage; + and consequently the comparison fails. + </p> + <p id="XP_Q64_A10-p9"> + <b>Reply to Objection 3:</b> Since time is not essential to a marriage contracted within the forbidden seasons, the marriage is nevertheless a true sacrament. + Nor is the marriage dissolved absolutely, but for a time, that they may do penance for having disobeyed the commandment of + the Church. It is thus that we are to understand the statement of the Master (Sent. iv, D, 33), namely that should a marriage + have been contracted or a wedding celebrated at the aforesaid times, those + who have done so "ought to be separated." Nor does he say this on his own authority, but in reference to some canonical ordinance, + such as that of the Council of Lerida, which decision is quoted by the Decretals. + </p> + <p id="XP_Q64_A10-p10"></p> + <p id="XP_Q64_A10-p11"></p> + <a href="summa.XP_Q64_A9.html"></a> + <a href="summa.XP_Q65.html"></a> + </div> + <a href="summa.XP_Q63_A2.html"></a> + <a href="summa.XP_Q64_A1.html"></a> + </div> + <div id="XP_Q65" class="div3"> + <a href="summa.XP_Q64_A10.html"></a> + <a href="summa.XP_Q65_A1.html"></a> + <h3 id="XP_Q65-p0.1">OF PLURALITY OF WIVES (FIVE ARTICLES)</h3> + <p id="XP_Q65-p1"></p> + <p id="XP_Q65-p2"> We must now consider the plurality of wives. Under this head there are five points of inquiry:</p> + <p id="XP_Q65-p3"> (1) Whether it is against the natural law to have several wives?</p> + <p id="XP_Q65-p4"> (2) Whether this was ever lawful?</p> + <p id="XP_Q65-p5"> (3) Whether it is against the natural law to have a concubine?</p> + <p id="XP_Q65-p6"> (4) Whether it is a mortal sin to have intercourse with a concubine?</p> + <p id="XP_Q65-p7"> (5) Whether it was ever lawful to have a concubine?</p> + <div id="XP_Q65_A1" class="div4"> + <a href="summa.XP_Q65.html"></a> + <a href="summa.XP_Q65_A2.html"></a> + <h4 id="XP_Q65_A1-p0.1">Whether it is against the natural law to have several wives?</h4> + <p id="XP_Q65_A1-p1"></p> + <p id="XP_Q65_A1-p2"> + <b>Objection 1:</b> It would seem that it is not against the natural law to have several wives. For custom does not prejudice the law of nature. + But "it was not a sin" to have several wives "when this was the custom," according to Augustine (De Bono Conjug. xv) as quoted + in the text (Sent. iv, D, 33). Therefore it is not contrary to the natural law to have several wives. + </p> + <p id="XP_Q65_A1-p3"> + <b>Objection 2:</b> Further, whoever acts in opposition to the natural law, disobeys a commandment, for the law of nature has its commandments + even as the written law has. Now Augustine says (De Bono Conjug. xv; De Civ. Dei xv, 38) that "it was not contrary to a commandment" + to have several wives, "because by no law was it forbidden." Therefore it is not against the natural law to have several wives. + </p> + <p id="XP_Q65_A1-p4"> + <b>Objection 3:</b> Further, marriage is chiefly directed to the begetting of offspring. But one man may get children of several women, by causing + them to be pregnant. Therefore It is not against the natural law to have several wives. + </p> + <p id="XP_Q65_A1-p5"> + <b>Objection 4:</b> Further, "Natural right is that which nature has taught all animals," as stated at the beginning of the Digests (1, i, ff. + De just. et jure). Now nature has not taught all animals that one male should be united to but one female, since with many + animals the one male is united to several females. Therefore it is not against the natural law to have several wives. + </p> + <p id="XP_Q65_A1-p6"> + <b>Objection 5:</b> Further, according to the Philosopher (De Gener. Animal. i, 20), in the begetting of offspring the male is to the female + as agent to patient, and as the craftsman is to his material. But it is not against the order of nature for one agent to act + on several patients, or for one craftsman to work in several materials. Therefore neither is it contrary to the law of nature + for one husband to have many wives. + </p> + <p id="XP_Q65_A1-p7"> + <b>Objection 6:</b> On the contrary, That which was instilled into man at the formation of human nature would seem especially to belong to the + natural law. Now it was instilled into him at the very formation of human nature that one man should have one wife, according + to + <a class="scripRef" id="XP_Q65_A1-p7.1" href="./asv.html#Gen.2.24" target="asv"> Gn. 2:24, </a> "They shall be two in one flesh." Therefore it is of natural law. + </p> + <p id="XP_Q65_A1-p8"> + <b>Objection 7:</b> Further, it is contrary to the law of nature that man should bind himself to the impossible, and that what is given to one + should be given to another. Now when a man contracts with a wife, he gives her the power of his body, so that he is bound + to pay her the debt when she asks. Therefore it is against the law of nature that he should afterwards give the power of his + body to another, because it would be impossible for him to pay both were both to ask at the + same time. + </p> + <p id="XP_Q65_A1-p9"> + <b>Objection 8:</b> Further, "Do not to another what thou wouldst not were done to thyself" [*Cf. + <a class="scripRef" id="XP_Q65_A1-p9.1" href="./asv.html#Tob.4.16" target="asv"> Tob. 4:16</a>] is a precept of the natural law. But a husband would by no means be willing for his wife to have another husband. Therefore + he would be acting against the law of nature, were he to have another wife in addition. + </p> + <p id="XP_Q65_A1-p10"> + <b>Objection 9:</b> Further, whatever is against the natural desire is contrary to the natural law. Now a husband's jealousy of his wife and + the wife's jealousy of her husband are natural, for they are found in all. Therefore, since jealousy is "love impatient of + sharing the beloved," it would seem to be contrary to the natural law that several wives should share one husband. + </p> + <p id="XP_Q65_A1-p11"> + <b>I answer that,</b> All natural things are imbued with certain principles whereby they are enabled not only to exercise their proper actions, + but also to render those actions proportionate to their end, whether such actions belong to a thing by virtue of its generic + nature, or by virtue of its specific nature: thus it belongs to a magnet to be borne downwards by virtue of its generic nature, + and to attract iron by virtue of its specific nature. Now just as in those things which + act from natural necessity the principle of action is the form itself, whence their proper actions proceed proportionately + to their end, so in things which are endowed with knowledge the principles of action are knowledge and appetite. Hence in + the cognitive power there needs to be a natural concept, and in the appetitive power a natural inclination, whereby the action + befitting the genus or species is rendered proportionate to the end. Now since man, of all animals, knows the aspect of the + end, and the proportion of the action to the end, it follows that he is imbued with a natural concept, whereby he is directed + to act in a befitting manner, and this is called "the natural law" or "the natural right," but in other animals "the natural + instinct." For brutes are rather impelled by the force of nature to do befitting actions, than guided to act on their own + judgment. Therefore the natural law is nothing else than a concept naturally instilled into man, whereby he is guided to act + in a befitting manner in his proper actions, whether they are competent to him by virtue of his generic nature, as, for instance, + to beget, to eat, and so on, or belong to him by virtue of his specific nature, as, for instance, to reason and so forth. + Now whatever renders an action improportionate to the end which nature intends to obtain by a certain work is said to be contrary + to the natural law. But an action may be improportionate either to the principal or to the secondary end, and in + either case this happens in two ways. First, on account of something which wholly hinders the end; for instance a very great + excess or a very great deficiency in eating hinders both the health of the body, which is the principal end of food, and aptitude + for conducting business, which is its secondary end. Secondly, on account of something that renders the attainment of the + principal or secondary end difficult, or less satisfactory, for instance eating inordinately in respect of undue time. + Accordingly if an action be improportionate to the end, through altogether hindering the principal end directly, it is forbidden + by the first precepts of the natural law, which hold the same place in practical matters, as the general concepts of the mind + in speculative matters. If, however, it be in any way improportionate to the secondary end, or again to the principal end, + as rendering its attainment difficult or less satisfactory, it is forbidden, not indeed by the first precepts of the + natural law, but by the second which are derived from the first even as conclusions in speculative matters receive our assent + by virtue of self-known principles: and thus the act in question is said to be against the law of nature. + </p> + <p id="XP_Q65_A1-p12"> Now marriage has for its principal end the begetting and rearing of children, and this end is competent to man according + to his generic nature, wherefore it is common to other animals (Ethic. viii, 12), and thus it is that the "offspring" is assigned + as a marriage good. But for its secondary end, as the Philosopher says (Ethic. viii, 12), it has, among men alone, the community + of works that are a necessity of life, as stated above ( + <a id="XP_Q65_A1-p12.1" shape="rect" href="summa.XP_Q41_A1.html">Q[41], A[1]</a>). And in + reference to this they owe one another "fidelity" which is one of the goods of marriage. Furthermore it has another end, as + regards marriage between believers, namely the signification of Christ and the Church: and thus the "sacrament" is said to + be a marriage good. Wherefore the first end corresponds to the marriage of man inasmuch as he is an animal: the second, inasmuch + as he is a man; the third, inasmuch as he is a believer. Accordingly plurality of wives neither wholly destroys nor in any + way hinders the first end of marriage, since one man is sufficient to get children of several wives, and to rear the children + born of them. But though it does not wholly destroy the second end, it hinders it considerably for there cannot easily be + peace in a family where several wives are joined to one husband, since one husband cannot suffice to satisfy the requisitions + of several wives, and again because the sharing of several in one occupation is a cause of strife: thus "potters quarrel with + one another" [*Aristotle, Rhet. ii, 4], and in like manner the several wives of one husband. The third end, it removes altogether, + because as Christ is one, so also is the Church one. It is therefore evident from what has been said that plurality of wives + is in a way against the law of nature, and in a way not against it. + </p> + <p id="XP_Q65_A1-p13"> + <b>Reply to Objection 1:</b> Custom does not prejudice the law of nature as regards the first precepts of the latter, which are like the general concepts + of the mind in speculative matters. But those which are drawn like conclusions from these custom enforces, as Tully declares + (De Inv. Rhet. ii), or weakens. Such is the precept of nature in the matter of having one wife. + </p> + <p id="XP_Q65_A1-p14"> + <b>Reply to Objection 2:</b> As Tully says (De Inv. Rhet. ii), "fear of the law and religion have sanctioned those things that come from nature and are + approved by custom." Wherefore it is evident that those dictates of the natural law, which are derived from the first principles + as it were of the natural law, have not the binding force of an absolute commandment, except when they have been sanctioned + by Divine or human law. This is what Augustine means by saying that "they did + not disobey the commandments of the law, since it was not forbidden by any law." + </p> + <p id="XP_Q65_A1-p15"> The Reply to the Third Objection follows from what has been said.</p> + <p id="XP_Q65_A1-p16"> + <b>Reply to Objection 4:</b> Natural right has several significations. First a right is said to be natural by its principle, because it is instilled by + nature: and thus Tully defines it (De Inv. Rhet. ii) when he says: "Natural right is not the result of opinion but the product + of an innate force." And since even in natural things certain movements are called natural, not that they be from an intrinsic + principle, but because they are from a higher moving principle---thus the + movements that are caused in the elements by the impress of heavenly bodies are said to be natural, as the Commentator states + (De Coelo et Mundo iii, 28), therefore those things that are of Divine right are said to be of natural right, because they + are caused by the impress and influence of a higher principle, namely God. Isidore takes it in this sense, when he says (Etym. + v) that "the natural right is that which is contained in the Law and the Gospel." Thirdly, right is said to be natural not + only from its principle but also from its matter, because it is about natural things. And since nature is contradistinguished + with reason, whereby man is a man, it follows that if we take natural right in its strictest sense, those things which are + dictated by natural reason and pertain to man alone are not said to be of natural right, but only those which are dictated + by natural reason and are common to man and other animals. Thus we have the aforesaid definition, namely: "Natural right is + what nature has taught all animals." Accordingly plurality of wives, though not contrary to natural right taken in the third + sense, is nevertheless against natural right taken in the second sense, because it is forbidden by the Divine law. It is also + against natural right taken in the first sense, as appears from what has been said, for such is nature's dictate to every + animal according to the mode befitting its nature. Wherefore also certain animals, the rearing of whose offspring demands + the + care of both, namely the male and female, by natural instinct cling to the union of one with one, for instance the turtle-dove, + the dove, and so forth. + </p> + <p id="XP_Q65_A1-p17"> The Reply to the Fifth Objection is clear from what has been said.</p> + <p id="XP_Q65_A1-p18"> Since, however, the arguments adduced "on the contrary side" would seem to show that plurality of wives is against the first + principles of the natural law, we must reply to them. + </p> + <p id="XP_Q65_A1-p19"> Accordingly we reply to the Sixth Objection that human nature was founded without any defect, and consequently it is endowed + not only with those things without which the principal end of marriage is impossible of attainment, but also with those without + which the secondary end of marriage could not be obtained without difficulty: and in this way it sufficed man when he was + first formed to have one wife, as stated above. + </p> + <p id="XP_Q65_A1-p20"> + <b>Reply to Objection 7:</b> In marriage the husband gives his wife power of his body, not in all respects, but only in those things that are required + by marriage. Now marriage does not require the husband to pay the debt every time his wife asks for it, if we consider the + principal end for which marriage was instituted, namely the good of the offspring, but only as far as is necessary for impregnation. + But in so far as it is instituted as a remedy (which is its secondary end), + marriage does require the debt to be paid at all times on being asked for. Hence it is evident that by taking several wives + a man does not bind himself to the impossible, considering the principal end of marriage; and therefore plurality of wives + is not against the first principles of the natural law. + </p> + <p id="XP_Q65_A1-p21"> + <b>Reply to Objection 8:</b> This precept of the natural law, "Do not to another what thou wouldst not were done to thyself," should be understood with + the proviso that there be equal proportion. For if a superior is unwilling to be withstood by his subject, he is not therefore + bound not to withstand his subject. Hence it does not follow in virtue of this precept that as a husband is unwilling for + his wife to have another husband, he must not have another wife: because for one + man to have several wives is not contrary to the first principles of the natural law, as stated above: whereas for one wife + to have several husbands is contrary to the first principles of the natural law, since thereby the good of the offspring which + is the principal end of marriage is, in one respect, entirely destroyed, and in another respect hindered. For the good of + the offspring means not only begetting, but also rearing. Now the begetting of offspring, though not wholly voided (since + a + woman may be impregnated a second time after impregnation has already taken place, as stated in De Gener. Animal. vii. 4), + is nevertheless considerably hindered, because this can scarcely happen without injury either to both fetus or to one of them. + But the rearing of the offspring is altogether done away, because as a result of one woman having several husbands there follows + uncertainty of the offspring in relation to its father, whose care is necessary for its education. Wherefore the + marriage of one wife with several husbands has not been sanctioned by any law or custom, whereas the converse has been. + </p> + <p id="XP_Q65_A1-p22"> + <b>Reply to Objection 9:</b> The natural inclination in the appetitive power follows the natural concept in the cognitive power. And since it is not so + much opposed to the natural concept for a man to have several wives as for a wife to have several husbands, it follows that + a wife's love is not so averse to another sharing the same husband with her, as a husband's love is to another sharing the + same wife with him. Consequently both in man and in other animals the male is more + jealous of the female than "vice versa." + </p> + <p id="XP_Q65_A1-p23"></p> + <p id="XP_Q65_A1-p24"></p> + <a href="summa.XP_Q65.html"></a> + <a href="summa.XP_Q65_A2.html"></a> + </div> + <div id="XP_Q65_A2" class="div4"> + <a href="summa.XP_Q65_A1.html"></a> + <a href="summa.XP_Q65_A3.html"></a> + <h4 id="XP_Q65_A2-p0.1">Whether it was ever lawful to have several wives?</h4> + <p id="XP_Q65_A2-p1"></p> + <p id="XP_Q65_A2-p2"> + <b>Objection 1:</b> It would seem that it can never have been lawful to have several wives. For, according to the Philosopher (Ethic. v, 7), + "The natural law has the same power at all times and places." Now plurality of wives is forbidden by the natural law, as stated + above + <a id="XP_Q65_A2-p2.1" shape="rect" href="summa.XP_Q65_A1.html">(A[1])</a>. Therefore as it is unlawful now, it was unlawful at all times. + </p> + <p id="XP_Q65_A2-p3"> + <b>Objection 2:</b> Further, if it was ever lawful, this could only be because it was lawful either in itself, or by dispensation. If the former, + it would also be lawful now; if the latter, this is impossible, for according to Augustine (Contra Faust. xxvi, 3), "as God + is the founder of nature, He does nothing contrary to the principles which He has planted in nature." Since then God has planted + in our nature the principle that one man should be united to one wife, it would seem + that He has never dispensed man from this. + </p> + <p id="XP_Q65_A2-p4"> + <b>Objection 3:</b> Further, if a thing be lawful by dispensation, it is only lawful for those who receive the dispensation. Now we do not read + in the Law of a general dispensation having been granted to all. Since then in the Old Testament all who wished to do so, + without any distinction, took to themselves several wives, nor were reproached on that account, either by the law or by the + prophets, it would seem that it was not made lawful by dispensation. + </p> + <p id="XP_Q65_A2-p5"> + <b>Objection 4:</b> Further, where there is the same reason for dispensation, the same dispensation should be given. Now we cannot assign any + other reason for dispensation than the multiplying of the offspring for the worship of God, and this is necessary also now. + Therefore this dispensation would be still in force, especially as we read nowhere of its having been recalled. + </p> + <p id="XP_Q65_A2-p6"> + <b>Objection 5:</b> Further, in granting a dispensation the greater good should not be overlooked for the sake of a lesser good. Now fidelity + and the sacrament, which it would seem impossible to safeguard in a marriage where one man is joined to several wives, are + greater goods than the multiplication of the offspring. Therefore this dispensation ought not to have been granted with a + view to this multiplication. + </p> + <p id="XP_Q65_A2-p7"> + <b>On the contrary,</b> It is stated ( + <a class="scripRef" id="XP_Q65_A2-p7.1" href="./asv.html#Gal.3.19" target="asv">Gal. 3:19</a>) that the Law "was set because of transgressors [Vulg.: 'transgressions']," namely in order to prohibit them. Now the Old + Law mentions plurality of wives without any prohibition thereof, as appears from + <a class="scripRef" id="XP_Q65_A2-p7.2" href="./asv.html#Deut.21.15" target="asv"> Dt. 21:15, </a> "If a man have two wives," etc. Therefore they were not transgressors through having two wives; and so it was lawful. + </p> + <p id="XP_Q65_A2-p8"> Further, this is confirmed by the example of the holy patriarchs, who are stated to have had several wives, and yet were + most pleasing to God, for instance Jacob, David, and several others. Therefore at one time it was lawful. + </p> + <p id="XP_Q65_A2-p9"> + <b>I answer that,</b> As stated above (A[1], ad 7,8), plurality of wives is said to be against the natural law, not as regards its first precepts, + but as regards the secondary precepts, which like conclusions are drawn from its first precepts. Since, however, human acts + must needs vary according to the various conditions of persons, times, and other circumstances, the aforesaid conclusions + do not proceed from the first precepts of the natural law, so as to be binding in all + cases, but only in the majority. for such is the entire matter of Ethics according to the Philosopher (Ethic. i, 3,7). Hence, + when they cease to be binding, it is lawful to disregard them. But because it is not easy to determine the above variations, + it belongs exclusively to him from whose authority he derives its binding force to permit the non-observance of the law in + those cases to which the force of the law ought not to extend, and this permission is called a dispensation. Now the law + prescribing the one wife was framed not by man but by God, nor was it ever given by word or in writing, but was imprinted + on the heart, like other things belonging in any way to the natural law. Consequently a dispensation in this matter could + be granted by God alone through an inward inspiration, vouchsafed originally to the holy patriarchs, and by their example + continued to others, at a time when it behooved the aforesaid precept not to be observed, in order to ensure the multiplication + of + the offspring to be brought up in the worship of God. For the principal end is ever to be borne in mind before the secondary + end. Wherefore, since the good of the offspring is the principal end of marriage, it behooved to disregard for a time the + impediment that might arise to the secondary ends, when it was necessary for the offspring to be multiplied; because it was + for the removal of this impediment that the precept forbidding a plurality of wives was framed, as stated above + + <a id="XP_Q65_A2-p9.1" shape="rect" href="summa.XP_Q65_A1.html">(A[1])</a>. + </p> + <p id="XP_Q65_A2-p10"> + <b>Reply to Objection 1:</b> The natural law, considered in itself, has the same force at all times and places; but accidentally on account of some impediment + it may vary at certain times and places, as the Philosopher (Ethic. i, 3,7) instances in the case of other natural things. + For at all times and places the right hand is better than the left according to nature, but it may happen accidentally that + a person is ambidextrous, because our nature is variable; and the same applies + to the natural, just as the Philosopher states (Ethic. i, 3,7). + </p> + <p id="XP_Q65_A2-p11"> + <b>Reply to Objection 2:</b> In a Decretal (De divortiis, cap. Gaudemus) it is asserted that is was never lawful to have several wives without having + a dispensation received through Divine inspiration. Nor is the dispensation thus granted a contradiction to the principles + which God has implanted in nature, but an exception to them, because those principles are not intended to apply to all cases + but to the majority, as stated. Even so it is not contrary to nature when certain + occurrences take place in natural things miraculously, by way of exception to more frequent occurrences. + </p> + <p id="XP_Q65_A2-p12"> + <b>Reply to Objection 3:</b> Dispensation from a law should follow the quality of the law. Wherefore, since the law of nature is imprinted on the heart, + it was not necessary for a dispensation from things pertaining to the natural law to be given under the form of a written + law but by internal inspiration. + </p> + <p id="XP_Q65_A2-p13"> + <b>Reply to Objection 4:</b> When Christ came it was the time of the fulness of the grace of Christ, whereby the worship of God was spread abroad among + all nations by a spiritual propagation. Hence there is not the same reason for a dispensation as before Christ's coming, when + the worship of God was spread and safeguarded by a carnal propagation. + </p> + <p id="XP_Q65_A2-p14"> + <b>Reply to Objection 5:</b> The offspring, considered as one of the marriage goods, includes the keeping of faith with God, because the reason why it + is reckoned a marriage good is because it is awaited with a view to its being brought up in the worship of God. Now the faith + to be kept with God is of greater import than the faith to be kept with a wife, which is reckoned a marriage good, and than + the signification which pertains to the sacrament, since the signification is + subordinate to the knowledge of faith. Hence it is not unfitting if something is taken from the two other goods for the sake + of the good of the offspring. Nor are they entirely done away, since there remains faith towards several wives; and the sacrament + remains after a fashion, for though it did not signify the union of Christ with the Church as one, nevertheless the plurality + of wives signified the distinction of degrees in the Church, which distinction is not only in the Church militant but + also in the Church triumphant. Consequently their marriages signified somewhat the union of Christ not only with the Church + militant, as some say, but also with the Church triumphant where there are "many mansions" [* + <a class="scripRef" id="XP_Q65_A2-p14.1" href="./asv.html#John.19.2" target="asv">Jn. 19:2</a>]. + </p> + <p id="XP_Q65_A2-p15"></p> + <p id="XP_Q65_A2-p16"></p> + <a href="summa.XP_Q65_A1.html"></a> + <a href="summa.XP_Q65_A3.html"></a> + </div> + <div id="XP_Q65_A3" class="div4"> + <a href="summa.XP_Q65_A2.html"></a> + <a href="summa.XP_Q65_A4.html"></a> + <h4 id="XP_Q65_A3-p0.1">Whether it is against the natural law to have a concubine?</h4> + <p id="XP_Q65_A3-p1"></p> + <p id="XP_Q65_A3-p2"> + <b>Objection 1:</b> It would seem that to have a concubine is not against the natural law. For the ceremonies of the Law are not of the natural + law. But fornication is forbidden ( + <a class="scripRef" id="XP_Q65_A3-p2.1" href="./asv.html#Acts.15.29" target="asv">Acts 15:29</a>) in conjunction with ceremonies of the law which for the time were being imposed on those who were brought to the faith from + among the heathens. Therefore simple fornication which is intercourse with a concubine is not against the natural law. + </p> + <p id="XP_Q65_A3-p3"> + <b>Objection 2:</b> Further, positive law is an outcome of the natural law, as Tully says (De Invent. ii). Now fornication was not forbidden + by positive law; indeed according to the ancient laws women used to be sentenced to be taken to brothels. Therefore it is + not against the natural law to have a concubine. + </p> + <p id="XP_Q65_A3-p4"> + <b>Objection 3:</b> Further, the natural law does not forbid that which is given simply, to be given for a time or under certain restrictions. + Now one unmarried woman may give the power of her body for ever to an unmarried man, so that he may use her when he will. + Therefore it is not against the law of nature, if she give him power of her body for a time. + </p> + <p id="XP_Q65_A3-p5"> + <b>Objection 4:</b> Further, whoever uses his own property as he will, injures no one. But a bondswoman is her master's property. Therefore if + her master use her as he will, he injures no one: and consequently it is not against the natural law to have a concubine. + </p> + <p id="XP_Q65_A3-p6"> + <b>Objection 5:</b> Further, everyone may give his own property to another. Now the wife has power of her husband's body ( + <a class="scripRef" id="XP_Q65_A3-p6.1" href="./asv.html#iCor.7.4" target="asv">1 Cor. 7:4</a>). Therefore if his wife be willing, the husband can have intercourse with another woman without sin. + </p> + <p id="XP_Q65_A3-p7"> + <b>On the contrary,</b> According to all laws the children born of a concubine are children of shame. But this would not be so unless the union of + which they are born were naturally shameful. + </p> + <p id="XP_Q65_A3-p8"> Further, as stated above ( + <a id="XP_Q65_A3-p8.1" shape="rect" href="summa.XP_Q41_A1.html">Q[41], A[1]</a>), marriage is natural. But this would not be so if without prejudice to the natural law a man could be united to a woman + otherwise than by marriage. Therefore it is against the natural law to have a concubine. + </p> + <p id="XP_Q65_A3-p9"> + <b>I answer that,</b> As stated above + <a id="XP_Q65_A3-p9.1" shape="rect" href="summa.XP_Q65_A1.html">(A[1])</a>, an action is said to be against the natural law, if it is not in keeping with the due end intended by nature, whether through + not being directed thereto by the action of the agent, or through being directed thereto by the action of the agent, or through + being in itself improportionate to that end. Now the end which nature intends in sexual union is the begetting and rearing + of the offspring. and that this good + might be sought after, it attached pleasure to the union; as Augustine says (De Nup. et Concup. i, 8). Accordingly to make + use of sexual intercourse on account of its inherent pleasure, without reference to the end for which nature intended it, + is to act against nature, as also is it if the intercourse be not such as may fittingly be directed to that end. And since, + for the most part, things are denominated from their end, as being that which is of most consequence to them, just as the + marriage + union took its name from the good of the offspring [*Cf. Q[44], A[2]], which is the end chiefly sought after in marriage, + so the name of concubine is expressive of that union where sexual intercourse is sought after for its own sake. Moreover even + though sometimes a man may seek to have offspring of such an intercourse, this is not befitting to the good of the offspring, + which signifies not only the begetting of children from which they take their being, but also their rearing and instruction, + by which means they receive nourishment and learning from their parents, in respect of which three things the parents are + bound to their children, according to the Philosopher (Ethic. viii, 11,12). Now since the rearing and teaching of the children + remain a duty of the parents during a long period of time, the law of nature requires the father and mother to dwell together + for a long time, in order that together they may be of assistance to their children. Hence birds that unite together in + rearing their young do not sever their mutual fellowship from the time when they first come together until the young are fully + fledged. Now this obligation which binds the female and her mate to remain together constitutes matrimony. Consequently it + is evident that it is contrary to the natural law for a man to have intercourse with a woman who is not married to him, which + is the signification of a concubine. + </p> + <p id="XP_Q65_A3-p10"> + <b>Reply to Objection 1:</b> Among the Gentiles the natural law was obscured in many points: and consequently they did not think it wrong to have intercourse + with a concubine, and in many cases practiced fornication as though it were lawful, as also other things contrary to the ceremonial + laws of the Jews, though not contrary to the law of nature. Wherefore the apostles inserted the prohibition of fornication + among that of other ceremonial observances, because in both cases there + was a difference of opinion between Jews and Gentiles. + </p> + <p id="XP_Q65_A3-p11"> + <b>Reply to Objection 2:</b> This law was the result of the darkness just mentioned, into which the Gentiles had fallen, by not giving due honor to God + as stated in + <a class="scripRef" id="XP_Q65_A3-p11.1" href="./asv.html#Rom.1.21" target="asv"> Rom. 1:21, </a> and did not proceed from the instinct of the natural law. Hence, when the Christian religion prevailed, this law was abolished. + </p> + <p id="XP_Q65_A3-p12"> + <b>Reply to Objection 3:</b> In certain cases no evil results ensue if a person surrenders his right to a thing whether absolutely or for a time, so that + in neither case is the surrender against the natural law. But that does not apply to the case in point, wherefore the argument + does not prove. + </p> + <p id="XP_Q65_A3-p13"> + <b>Reply to Objection 4:</b> Injury is opposed to justice. Now the natural law forbids not only injustice, but also whatever is opposed to any of the + virtues: for instance it is contrary to the natural law to eat immoderately, although by doing so a man uses his own property + without injury to anyone. Moreover although a bondswoman is her master's property that she may serve him, she is not his that + she may be his concubine. And again it depends how a person makes use of his + property. For such a man does an injury to the offspring he begets, since such a union is not directed to its good, as stated + above. + </p> + <p id="XP_Q65_A3-p14"> + <b>Reply to Objection 5:</b> The wife has power of her husband's body, not simply and in all respects, but only in relation to marriage, and consequently + she cannot transfer her husband's body to another to the detriment of the good of marriage. + </p> + <p id="XP_Q65_A3-p15"></p> + <p id="XP_Q65_A3-p16"></p> + <a href="summa.XP_Q65_A2.html"></a> + <a href="summa.XP_Q65_A4.html"></a> + </div> + <div id="XP_Q65_A4" class="div4"> + <a href="summa.XP_Q65_A3.html"></a> + <a href="summa.XP_Q65_A5.html"></a> + <h4 id="XP_Q65_A4-p0.1">Whether it is a mortal sin to have intercourse with a concubine?</h4> + <p id="XP_Q65_A4-p1"></p> + <p id="XP_Q65_A4-p2"> + <b>Objection 1:</b> It would seem that it is not a mortal sin to have intercourse with a concubine. For a lie is a greater sin than simple fornication: + and a proof of this is that Juda, who did not abhor to commit fornication with Thamar, recoiled from telling a lie, saying + ( + <a class="scripRef" id="XP_Q65_A4-p2.1" href="./asv.html#Gen.38.23" target="asv">Gn. 38:23</a>): "Surely she cannot charge us with a lie." But a lie is not always a mortal sin. Neither therefore is simple fornication. + </p> + <p id="XP_Q65_A4-p3"> + <b>Objection 2:</b> Further, a deadly sin should be punished with death. But the Old Law did not punish with death intercourse with a concubine, + save in a certain case ( + <a class="scripRef" id="XP_Q65_A4-p3.1" href="./asv.html#Deut.22.25" target="asv">Dt. 22:25</a>). Therefore it is not a deadly sin. + </p> + <p id="XP_Q65_A4-p4"> + <b>Objection 3:</b> Further, according to Gregory (Moral. xxxiii, 12), the sins of the flesh are less blameworthy than spiritual sins. Now pride + and covetousness, which are spiritual sins, are not always mortal sins. Therefore fornication, which is a sin of the flesh, + is not always a mortal sin. + </p> + <p id="XP_Q65_A4-p5"> + <b>Objection 4:</b> Further, where the incentive is greater the sin is less grievous, because he sins more who is overcome by a lighter temptation. + But concupiscence is the greatest incentive to lust. Therefore since lustful actions are not always mortal sins, neither is + simple fornication a mortal sin. + </p> + <p id="XP_Q65_A4-p6"> + <b>On the contrary,</b> Nothing but mortal sin excludes from the kingdom of God. But fornicators are excluded from the kingdom of God ( + <a class="scripRef" id="XP_Q65_A4-p6.1" href="./asv.html#iCor.6.9" target="asv">1 Cor. 6:9,10</a>). Therefore simple fornication is a mortal sin. + </p> + <p id="XP_Q65_A4-p7"> Further, mortal sins alone are called crimes. Now all fornication is a crime according to + <a class="scripRef" id="XP_Q65_A4-p7.1" href="./asv.html#Tob.4.13" target="asv"> Tob. 4:13, </a> "Take heed to keep thyself . . . from all fornication, and beside thy wife never endure to know crime." Therefore, etc. + </p> + <p id="XP_Q65_A4-p8"> + <b>I answer that,</b> As we have already stated (Sent. ii, D, 42 + <a id="XP_Q65_A4-p8.1" shape="rect" href="summa.XP_Q1_A4.html">, Q[1], A[4]</a>), those sins are mortal in their genus which violate the bond of friendship between man and God, and between man and man; + for such sins are against the two precepts of charity which is the life of the soul. Wherefore since the intercourse of fornication + destroys the due relations of the parent with the offspring that is nature's aim in sexual intercourse, there can be no doubt + that simple fornication by its very nature is a mortal sin even though there were no written law. + </p> + <p id="XP_Q65_A4-p9"> + <b>Reply to Objection 1:</b> It often happens that a man who does not avoid a mortal sin, avoids a venial sin to which he has not so great an incentive. + Thus, too, Juda avoided a lie while he avoided not fornication. Nevertheless that would have been a pernicious lie, for it + would have involved an injury if he had not kept his promise. + </p> + <p id="XP_Q65_A4-p10"> + <b>Reply to Objection 2:</b> A sin is called deadly, not because it is punished with temporal, but because it is punished with eternal death. Hence also + theft, which is a mortal sin, and many other sins are sometimes not punished with temporal death by the law. The same applies + to fornication. + </p> + <p id="XP_Q65_A4-p11"> + <b>Reply to Objection 3:</b> Just as not every movement of pride is a mortal sin, so neither is every movement of lust, because the first movements of + lust and the like are venial sins, even sometimes marriage intercourse. Nevertheless some acts of lust are mortal sins, while + some movements of pride are venial: since the words quoted from Gregory are to be understood as comparing vices in their genus + and not in their particular acts. + </p> + <p id="XP_Q65_A4-p12"> + <b>Reply to Objection 4:</b> A circumstance is the more effective in aggravating a sin according as it comes nearer to the nature of sin. Hence although + fornication is less grave on account of the greatness of its incentive, yet on account of the matter about which it is, it + has a greater gravity than immoderate eating, because it is about those things which tighten the bond of human fellowship, + as stated above. Hence the argument does not prove. + </p> + <p id="XP_Q65_A4-p13"></p> + <p id="XP_Q65_A4-p14"></p> + <a href="summa.XP_Q65_A3.html"></a> + <a href="summa.XP_Q65_A5.html"></a> + </div> + <div id="XP_Q65_A5" class="div4"> + <a href="summa.XP_Q65_A4.html"></a> + <a href="summa.XP_Q66.html"></a> + <h4 id="XP_Q65_A5-p0.1">Whether it was ever lawful to have a concubine?</h4> + <p id="XP_Q65_A5-p1"></p> + <p id="XP_Q65_A5-p2"> + <b>Objection 1:</b> It would seem that it has been sometimes lawful to have a concubine. For just as the natural law requires a man to have but + one wife, so does it forbid him to have a concubine. Yet at times it has been lawful to have several wives. Therefore it has + also been lawful to have a concubine. + </p> + <p id="XP_Q65_A5-p3"> + <b>Objection 2:</b> Further, a woman cannot be at the same time a slave and a wife; wherefore according to the Law ( + <a class="scripRef" id="XP_Q65_A5-p3.1" href="./asv.html#Deut.21.11" target="asv">Dt. 21:11, </a> seqq.) a bondswoman gained her freedom by the very fact of being taken in marriage. Now we read that certain men who were + most beloved of God, for instance Abraham and Jacob, had intercourse with their bondswomen. Therefore these were not wives, + and consequently it was sometime lawful to have a concubine. + </p> + <p id="XP_Q65_A5-p4"> + <b>Objection 3:</b> Further, a woman who is taken in marriage cannot be cast out, and her son should have a share in the inheritance. Yet Abraham + sent Agar away, and her son was not his heir ( + <a class="scripRef" id="XP_Q65_A5-p4.1" href="./asv.html#Gen.21.14" target="asv">Gn. 21:14</a>). Therefore she was not Abraham's wife. + </p> + <p id="XP_Q65_A5-p5"> + <b>On the contrary,</b> Things opposed to the precepts of the decalogue were never lawful. Now to have a concubine is against a precept of the decalogue, + namely, "Thou shalt not commit adultery." Therefore it was never lawful. + </p> + <p id="XP_Q65_A5-p6"> Further, Ambrose says in his book on the patriarchs (De Abraham i, 4): "What is unlawful to a wife is unlawful to a husband." + But it is never lawful for a wife to put aside her own husband and have intercourse with another man. Therefore it was never + lawful for a husband to have a concubine. + </p> + <p id="XP_Q65_A5-p7"> + <b>I answer that,</b> Rabbi Moses says (Doc. Perp. iii, 49) that before the time of the Law fornication was not a sin; and he proved his assertion + from the fact that Juda had intercourse with Thamar. But this argument is not conclusive. For there is no need to excuse Jacob's + sons from mortal sin, since they were accused to their father of a most wicked crime ( + <a class="scripRef" id="XP_Q65_A5-p7.1" href="./asv.html#Gen.37.2" target="asv">Gn. 37:2</a>), and consented kill Joseph and to sell him. Wherefore we must say that since it is against the natural law to + have a concubine outside wedlock, as stated above + <a id="XP_Q65_A5-p7.2" shape="rect" href="summa.XP_Q65_A3.html">(A[3])</a>, it was never lawful either in itself or by dispensation. For as we have shown (Doc. Perp. iii, 49) intercourse with a woman + outside wedlock is an action improportionate to the good of the offspring which is the principal end of marriage: and consequently + it is against the first precepts of the natural law which admit of no dispensation. Hence wherever in the Old Testament we + read of concubines being taken by such + men as we ought to excuse from mortal sin, we must needs understand them to have been taken in marriage, and yet to have been + called concubines, because they had something of the character of a wife and something of the character of a concubine. In + so far as marriage is directed to its principal end, which is the good of the offspring, the union of wife and husband is + indissoluble or at least of a lasting nature, as shown above + <a id="XP_Q65_A5-p7.3" shape="rect" href="summa.XP_Q65_A1.html">(A[1])</a>, and in regard to this there is no + dispensation. But in regard to the secondary end, which is the management of the household and community of works, the wife + is united to the husband as his mate: and this was lacking in those who were known as concubines. For in this respect a dispensation + was possible, since it is the secondary end of marriage. And from this point of view they bore some resemblance to concubines, + and for this reason they were known as such. + </p> + <p id="XP_Q65_A5-p8"> + <b>Reply to Objection 1:</b> As stated above (A[1], ad 7,8) to have several wives is not against the first precepts of the natural law, as it is to have + a concubine; wherefore the argument does not prove. + </p> + <p id="XP_Q65_A5-p9"> + <b>Reply to Objection 2:</b> The patriarchs of old by virtue of the dispensation which allowed them several wives, approached their bondswomen with the + disposition of a husband towards his wife. For these women were wives as to the principal and first end of marriage, but not + as to the other union which regards the secondary end, to which bondage is opposed since a woman cannot be at once mate and + slave. + </p> + <p id="XP_Q65_A5-p10"> + <b>Reply to Objection 3:</b> As in the Mosaic law it was allowable by dispensation to grant a bill of divorce in order to avoid wife-murder (as we shall + state further on + <a id="XP_Q65_A5-p10.1" shape="rect" href="summa.XP_Q67_A6.html">, Q[67], A[6]</a>), so by the same dispensation Abraham was allowed to send Agar away, in order to signify the mystery which the Apostle explains + ( + <a class="scripRef" id="XP_Q65_A5-p10.2" href="./asv.html#Gal.4.22" target="asv">Gal. 4:22, </a> seqq.). Again, that this son did not inherit belongs to the mystery, as explained in the same place. Even so Esau, + the son of a free woman, did not inherit ( + <a class="scripRef" id="XP_Q65_A5-p10.3" href="./asv.html#Rom.9.13" target="asv">Rom. 9:13, </a> seqq.). In like manner on account of the mystery it came about that the sons of Jacob born of bond and free women inherited, + as Augustine says (Tract. xi in Joan.) because "sons and heirs are born to Christ both of good ministers denoted by the free + woman and of evil ministers denoted by the bondswoman." + </p> + <p id="XP_Q65_A5-p11"></p> + <p id="XP_Q65_A5-p12"></p> + <a href="summa.XP_Q65_A4.html"></a> + <a href="summa.XP_Q66.html"></a> + </div> + <a href="summa.XP_Q64_A10.html"></a> + <a href="summa.XP_Q65_A1.html"></a> + </div> + <div id="XP_Q66" class="div3"> + <a href="summa.XP_Q65_A5.html"></a> + <a href="summa.XP_Q66_A1.html"></a> + <h3 id="XP_Q66-p0.1">OF BIGAMY AND OF THE IRREGULARITY CONTRACTED THEREBY (FIVE ARTICLES)</h3> + <p id="XP_Q66-p1"></p> + <p id="XP_Q66-p2"> In the next place we must consider bigamy and the irregularity contracted thereby. Under this head there are five points + of inquiry: + </p> + <p id="XP_Q66-p3"> (1) Whether irregularity attaches to the bigamy that consists in having two successive wives?</p> + <p id="XP_Q66-p4"> (2) Whether irregularity is contracted by one who has two wives at once?</p> + <p id="XP_Q66-p5"> (3) Whether irregularity is contracted by marrying one who is not a virgin?</p> + <p id="XP_Q66-p6"> (4) Whether bigamy is removed by Baptism?</p> + <p id="XP_Q66-p7"> (5) Whether a dispensation can be granted to a bigamous person?</p> + <div id="XP_Q66_A1" class="div4"> + <a href="summa.XP_Q66.html"></a> + <a href="summa.XP_Q66_A2.html"></a> + <h4 id="XP_Q66_A1-p0.1">Whether irregularity attaches to bigamy?</h4> + <p id="XP_Q66_A1-p1"></p> + <p id="XP_Q66_A1-p2"> + <b>Objection 1:</b> It would seem that irregularity is not attached to the bigamy that consists in having two wives successively. For multitude + and unity are consequent upon being. Since then non-being does not cause plurality, a man who has two wives successively, + the one in being, the other in non-being, does not thereby become the husband of more than one wife, so as to be debarred, + according to the Apostle ( + <a class="scripRef" id="XP_Q66_A1-p2.1" href="./asv.html#iTim.3.2" target="asv">1 Tim. 3:2</a>; + <a class="scripRef" id="XP_Q66_A1-p2.2" href="./asv.html#Titus.1.6" target="asv"> Titus 1:6</a>), + from the episcopate. + </p> + <p id="XP_Q66_A1-p3"> + <b>Objection 2:</b> Further, a man who commits fornication with several women gives more evidence of incontinence than one who has several wives + successively. Yet in the first case a man does not become irregular. Therefore neither in the second should he become irregular. + </p> + <p id="XP_Q66_A1-p4"> + <b>Objection 3:</b> Further, if bigamy causes irregularity, this is either because of the sacrament, or because of the carnal intercourse. Now + it is not on account of the former, for if a man had contracted marriage by words of the present and, his wife dying before + the consummation of the marriage, he were to marry another, he would become irregular, which is against the decree of Innocent + III (cap. Dubium, De bigamia). Nor again is it on account of the second, for then a man + who had committed fornication with several women would become irregular: which is false. Therefore bigamy nowise causes irregularity. + </p> + <p id="XP_Q66_A1-p5"> + <b>I answer that,</b> By the sacrament of order a man is appointed to the ministry of the sacraments; and he who has to administer the sacraments + to others must suffer from no defect in the sacraments. Now there is a defect in a sacrament when the entire signification + of the sacrament is not found therein. And the sacrament of marriage signifies the union of Christ with the Church, which + is the union of one with one. Therefore the perfect signification of the sacrament requires + the husband to have only one wife, and the wife to have but one husband; and consequently bigamy, which does away with this, + causes irregularity. And there are four kinds of bigamy: the first is when a man has several lawful wives successively; the + second is when a man has several wives at once, one in law, the other in fact; the third, when he has several successively, + one in law, the other in fact; the fourth, when a man marries a widow. Accordingly irregularity attaches to all of these. + </p> + <p id="XP_Q66_A1-p6"> There is another consequent reason assigned, since those who receive the sacrament of order should be signalized by the greatest + spirituality, both because they administer spiritual things, namely the sacraments, and because they teach spiritual things, + and should be occupied in spiritual matters. Wherefore since concupiscence is most incompatible with spirituality, inasmuch + as it makes a man to be wholly carnal, they should give no sign of persistent concupiscence, which does + indeed show itself in bigamous persons, seeing that they were unwilling to be content with one wife. The first reason however + is the better. + </p> + <p id="XP_Q66_A1-p7"> + <b>Reply to Objection 1:</b> The multitude of several wives at the same time is a multitude simply, wherefore a multitude of this kind is wholly inconsistent + with the signification of the sacrament, so that the sacrament is voided on that account. But the multitude of several successive + wives is a multitude relatively, wherefore it does not entirely destroy the signification of the sacrament, nor does it void + the sacrament in its essence but in its perfection, which is required + of those who are the dispensers of sacraments. + </p> + <p id="XP_Q66_A1-p8"> + <b>Reply to Objection 2:</b> Although those who are guilty of fornication give proof of greater concupiscence, theirs is not a so persistent concupiscence, + since by fornication one party is not bound to the other for ever; and consequently no defect attaches to the sacrament. + </p> + <p id="XP_Q66_A1-p9"> + <b>Reply to Objection 3:</b> As stated above, bigamy causes irregularity, because it destroys the perfect signification of the sacrament: which signification + is seated both in the union of minds, as expressed by the consent, and in the union of bodies. Wherefore bigamy must affect + both of these at the same time in order to cause irregularity. Hence the decree of Innocent III disposes of the statement + of the Master (Sent. iv, D, 27), namely that consent alone by words of the + present is sufficient to cause irregularity. + </p> + <p id="XP_Q66_A1-p10"></p> + <p id="XP_Q66_A1-p11"></p> + <a href="summa.XP_Q66.html"></a> + <a href="summa.XP_Q66_A2.html"></a> + </div> + <div id="XP_Q66_A2" class="div4"> + <a href="summa.XP_Q66_A1.html"></a> + <a href="summa.XP_Q66_A3.html"></a> + <h4 id="XP_Q66_A2-p0.1">Whether irregularity results from bigamy, when one husband has two wives, one in law, the other in fact?</h4> + <p id="XP_Q66_A2-p1"></p> + <p id="XP_Q66_A2-p2"> + <b>Objection 1:</b> It would seem that irregularity does not result from bigamy when one husband has two wives at the same time, one in law and + one in fact. For when the sacrament is void there can be no defect in the sacrament. Now when a man marries a woman in fact + but not in law there is no sacrament, since such a union does not signify the union of Christ with the Church. Therefore since + irregularity does not result from bigamy except on account of a defect in the sacrament, + it would seem that no irregularity attaches to bigamy of this kind. + </p> + <p id="XP_Q66_A2-p3"> + <b>Objection 2:</b> Further, if a man has intercourse with a woman whom he has married in fact and not in law, he commits fornication if he has + not a lawful wife, or adultery if he has. But a man does not become irregular by dividing his flesh among several women by + fornication or adultery. Therefore neither does he by the aforesaid kind of bigamy. + </p> + <p id="XP_Q66_A2-p4"> + <b>Objection 3:</b> Further, it may happen that a man, before knowing carnally the woman he has married in law, marries another in fact and not + in law, and knows her carnally, whether the former woman be living or dead. Now this man has contracted marriage with several + women either in law or in fact, and yet he is not irregular, since he has not divided his flesh among several women. Therefore + irregularity is not contracted by reason of the aforesaid kind of bigamy. + </p> + <p id="XP_Q66_A2-p5"> + <b>I answer that,</b> Irregularity is contracted in the two second kinds of bigamy, for although in the one there is no sacrament, there is a certain + likeness to a sacrament. Wherefore these two kinds are secondary, and the first is the principal kind in causing irregularity. + </p> + <p id="XP_Q66_A2-p6"> + <b>Reply to Objection 1:</b> Although there is no sacrament in this case there is a certain likeness to a sacrament, whereas there is no such likeness + in fornication or adultery. Hence the comparison fails. + </p> + <p id="XP_Q66_A2-p7"> This suffices for the Reply to the Second Objection.</p> + <p id="XP_Q66_A2-p8"> + <b>Reply to Objection 3:</b> In this case the man is not reckoned a bigamist, because the first marriage lacked its perfect signification. Nevertheless + if, by the judgment of the Church, he be compelled to return to his first wife and carnally to know her, he becomes irregular + forthwith, because the irregularity is the result not of the sin but of imperfect signification. + </p> + <p id="XP_Q66_A2-p9"></p> + <p id="XP_Q66_A2-p10"></p> + <a href="summa.XP_Q66_A1.html"></a> + <a href="summa.XP_Q66_A3.html"></a> + </div> + <div id="XP_Q66_A3" class="div4"> + <a href="summa.XP_Q66_A2.html"></a> + <a href="summa.XP_Q66_A4.html"></a> + <h4 id="XP_Q66_A3-p0.1">Whether irregularity is contracted by marrying one who is not a virgin?</h4> + <p id="XP_Q66_A3-p1"></p> + <p id="XP_Q66_A3-p2"> + <b>Objection 1:</b> It would seem that irregularity is not contracted by marrying one who is not a virgin. For a man's own defect is a greater + impediment to him than the defect of another. But if the man himself who marries is not a virgin he does not become irregular. + Therefore much less does he if his wife is not a virgin. + </p> + <p id="XP_Q66_A3-p3"> + <b>Objection 2:</b> Further, it may happen that a man marries a woman after corrupting her. Now, seemingly, such a man does not become irregular, + since he has not divided his flesh among several, nor has his wife done so, and yet he marries a woman who is not a virgin. + Therefore this kind of bigamy does not cause irregularity. + </p> + <p id="XP_Q66_A3-p4"> + <b>Objection 3:</b> Further, no man can become irregular except voluntarily. But sometimes a man marries involuntarily one who is not a virgin, + for instance when he thinks her a virgin and afterwards, by knowing her carnally, finds that she is not. Therefore this kind + does not always cause irregularity. + </p> + <p id="XP_Q66_A3-p5"> + <b>Objection 4:</b> Further, unlawful intercourse after marriage is more guilty than before marriage. Now if a wife, after the marriage has been + consummated, has intercourse with another man, her husband does not become irregular, otherwise he would be punished for his + wife's sin. Moreover, it might happen that, after knowing of this, he pays her the debt at her asking, before she is accused + and convicted of adultery. Therefore it would seem that this kind of bigamy does not + cause irregularity. + </p> + <p id="XP_Q66_A3-p6"> + <b>On the contrary,</b> Gregory says (Regist. ii, ep. 37): "We command thee never to make unlawful ordinations, nor to admit to holy orders a bigamist, + or one who has married a woman that is not a virgin, or one who is unlettered, or one who is deformed in his limbs, or bound + to do penance or to perform some civil duty, or who is in any state of subjection." + </p> + <p id="XP_Q66_A3-p7"> + <b>I answer that,</b> In the union of Christ with the Church unity is found on either side. Consequently whether we find division of the flesh + on the part of the husband, or on the part of the wife, there is a defect of sacrament. There is, however, a difference, because + on the part of the husband it is required that he should not have married another wife, but not that he should be a virgin, + whereas on the part of the wife it is also required that she be a virgin. The reason + assigned by those versed in the Decretals is because the bridegroom signifies the Church militant which is entrusted to the + care of a bishop, and in which there are many corruptions, while the spouse signifies Christ Who was a virgin: wherefore virginity + on the part of the spouse, but not on the part of the bridegroom, is required in order that a man be made a bishop. This reason, + however, is expressly contrary to the words of the Apostle ( + <a class="scripRef" id="XP_Q66_A3-p7.1" href="./asv.html#Eph.5.25" target="asv">Eph. 5:25</a>): "Husbands, love your wives, as Christ also + loved the Church," which show that the bride signifies the Church, and the bridegroom Christ; and again he says ( + <a class="scripRef" id="XP_Q66_A3-p7.2" href="./asv.html#Eph.5.23" target="asv">Eph. 5:23</a>): "Because the husband is the head of the wife, as Christ is the head of the Church." Wherefore others say that Christ is + signified by the bridegroom, and that the bride signifies the Church triumphant in which there is no stain. Also that the + synagogue was first united to Christ as a concubine; so that the sacrament loses nothing of its signification + if the bridegroom previously had a concubine. But this is most absurd, since just as the faith of ancients and of moderns + is one, so is the Church one. Wherefore those who served God at the time of the synagogue belonged to the unity of the Church + in which we serve God. Moreover this is expressly contrary to + <a class="scripRef" id="XP_Q66_A3-p7.3" href="./asv.html#Jer.3.14" target="asv"> Jer. 3:14, </a> + <a class="scripRef" id="XP_Q66_A3-p7.4" href="./asv.html#Ezek.16.8" target="asv">Ezech. 16:8, </a> + <a class="scripRef" id="XP_Q66_A3-p7.5" href="./asv.html#Hos.2.16" target="asv">Osee 2:16, </a> where the espousals of the synagogue are mentioned explicitly: so that she was not as a + concubine but as a wife. Again, according to this, fornication would be the sacred sign [sacramentum] of that union, which + is absurd. Wherefore heathendom, before being espoused to Christ in the faith of the Church, was corrupted by the devil through + idolatry. Hence we must say otherwise that irregularity is caused by a defect in the sacrament itself. Now when corruption + of the flesh occurs outside wedlock on account of a preceding marriage, it causes no defect in the sacrament on the part of + the person corrupted, but it causes a defect in the other person, because the act of one who contracts marriage terminates + not in himself, but in the other party, wherefore it takes its species from its term, which, moreover, in regard to that act, + is the matter as it were of the sacrament. Consequently if a woman were able to receive orders, just as her husband becomes + irregular through marrying one who is not a virgin, but not through his not being a virgin when he marries, so also would + a + woman become irregular if she were to marry a man who is not a virgin, but not if she were no longer a virgin when she married + ---unless she had been corrupted by reason of a previous marriage. + </p> + <p id="XP_Q66_A3-p8"> This suffices for the Reply to the First Objection.</p> + <p id="XP_Q66_A3-p9"> + <b>Reply to Objection 2:</b> In this case opinions differ. It is, however, more probable that he is not irregular, because he has not divided his flesh + among several women. + </p> + <p id="XP_Q66_A3-p10"> + <b>Reply to Objection 3:</b> Irregularity is not the infliction of a punishment, but the defect of a sacrament. Consequently it is not always necessary + for bigamy to be voluntary in order to cause irregularity. Hence a man who marries a woman, thinking her to be a virgin, whereas + she is not, becomes irregular by knowing her carnally. + </p> + <p id="XP_Q66_A3-p11"> + <b>Reply to Objection 4:</b> If a woman commits fornication after being married, her husband does not become irregular on that account, unless he again + knows her carnally after she has been corrupted by adultery, since otherwise the corruption of the wife nowise affects the + marriage act of the husband. But though he be compelled by law to pay her the debt, or if he do so at her request, being compelled + by his own conscience, even before she is convicted of adultery, he becomes + irregular, albeit opinions differ on this point. However, what we have said is more probable, since here it is not a question + of sin, but of signification only. + </p> + <p id="XP_Q66_A3-p12"></p> + <p id="XP_Q66_A3-p13"></p> + <a href="summa.XP_Q66_A2.html"></a> + <a href="summa.XP_Q66_A4.html"></a> + </div> + <div id="XP_Q66_A4" class="div4"> + <a href="summa.XP_Q66_A3.html"></a> + <a href="summa.XP_Q66_A5.html"></a> + <h4 id="XP_Q66_A4-p0.1">Whether bigamy is removed by Baptism?</h4> + <p id="XP_Q66_A4-p1"></p> + <p id="XP_Q66_A4-p2"> + <b>Objection 1:</b> It would seem that bigamy is removed by Baptism. For Jerome says in his commentary on the Epistle to Titus (1:6, "the husband + of one wife") that if a man has had several wives before receiving Baptism, or one before and another after Baptism, he is + not a bigamist. Therefore bigamy is removed by Baptism. + </p> + <p id="XP_Q66_A4-p3"> + <b>Objection 2:</b> Further, he who does what is more, does what is less. Now Baptism removes all sin, and sin is a greater thing than irregularity. + Therefore it removes irregularity. + </p> + <p id="XP_Q66_A4-p4"> + <b>Objection 3:</b> Further, Baptism takes away all punishment resulting from an act. Now such is the irregularity of bigamy. Therefore, etc. + </p> + <p id="XP_Q66_A4-p5"> + <b>Objection 4:</b> Further, a bigamist is irregular because he is deficient in the representation of Christ. Now by Baptism we are fully conformed + to Christ. Therefore this irregularity is removed. + </p> + <p id="XP_Q66_A4-p6"> + <b>Objection 5:</b> Further, the sacraments of the New Law are more efficacious than the sacraments of the Old Law. But the sacraments of the + Old Law removed irregularities according to the Master's statement (Sent. iv,). Therefore Baptism also, being the most efficacious + of the sacraments of the New Law, removes the irregularity consequent upon bigamy. + </p> + <p id="XP_Q66_A4-p7"> + <b>On the contrary,</b> Augustine says (De Bono Conjug. xviii): "Those understand the question more correctly who maintain that a man who has married + a second wife, though he was a catechumen or even a pagan at the time, cannot be ordained, because it is a question of a sacrament, + not of a sin." + </p> + <p id="XP_Q66_A4-p8"> Further, according to the same authority (De Bono Conjug. xviii) "a woman who has been corrupted while a catechumen or a + pagan cannot after Baptism be consecrated among God's virgins." Therefore in like manner one who was a bigamist before Baptism + cannot be ordained. + </p> + <p id="XP_Q66_A4-p9"> + <b>I answer that,</b> Baptism removes sin, but does not dissolve marriage. Wherefore since irregularity results from marriage, it cannot be removed + by Baptism, as Augustine says (De Bono Conjug. xviii). + </p> + <p id="XP_Q66_A4-p10"> + <b>Reply to Objection 1:</b> In this case Jerome's opinion is not followed: unless perhaps he wished to explain that he means that a dispensation should + be more easily granted. + </p> + <p id="XP_Q66_A4-p11"> + <b>Reply to Objection 2:</b> It does not follow that what does a greater thing, does a lesser, unless it be directed to the latter. This is not so in + the case in point, because Baptism is not directed to the removal of an irregularity. + </p> + <p id="XP_Q66_A4-p12"> + <b>Reply to Objection 3:</b> This must be understood of punishments consequent upon actual sin, which are, or have yet to be, inflicted: for one does + not recover virginity by Baptism, nor again undivision of the flesh. + </p> + <p id="XP_Q66_A4-p13"> + <b>Reply to Objection 4:</b> Baptism conforms a man to Christ as regards the virtue of the mind, but not as to the condition of the body, which is effected + by virginity or division of the flesh. + </p> + <p id="XP_Q66_A4-p14"> + <b>Reply to Objection 5:</b> Those irregularities were contracted through slight and temporary causes, and consequently they could be removed by those + sacraments. Moreover the latter were ordained for that purpose, whereas Baptism is not. + </p> + <p id="XP_Q66_A4-p15"></p> + <p id="XP_Q66_A4-p16"></p> + <a href="summa.XP_Q66_A3.html"></a> + <a href="summa.XP_Q66_A5.html"></a> + </div> + <div id="XP_Q66_A5" class="div4"> + <a href="summa.XP_Q66_A4.html"></a> + <a href="summa.XP_Q67.html"></a> + <h4 id="XP_Q66_A5-p0.1">Whether it is lawful for a bigamist to receive a dispensation?</h4> + <p id="XP_Q66_A5-p1"></p> + <p id="XP_Q66_A5-p2"> + <b>Objection 1:</b> It would seem unlawful for a bigamist to be granted a dispensation. For it is said (Extra, De bigamis, cap. Nuper): "It is + not lawful to grant a dispensation to clerics who, as far as they could do so, have taken to themselves a second wife." + </p> + <p id="XP_Q66_A5-p3"> + <b>Objection 2:</b> Further, it is not lawful to grant a dispensation from the Divine law. Now whatever is in the canonical writings belongs + to the Divine law. Since then in canonical Scripture the Apostle says ( + <a class="scripRef" id="XP_Q66_A5-p3.1" href="./asv.html#iTim.3.2" target="asv">1 Tim. 3:2</a>): "It behooveth . . . a bishop to be . . . the husband of one wife," it would seem that a dispensation cannot be granted + in this matter. + </p> + <p id="XP_Q66_A5-p4"> + <b>Objection 3:</b> Further, no one can receive a dispensation in what is essential to a sacrament. But it is essential to the sacrament of order + that the recipient be not irregular, since the signification which is essential to a sacrament is lacking in one who is irregular. + Therefore he cannot be granted a dispensation in this. + </p> + <p id="XP_Q66_A5-p5"> + <b>Objection 4:</b> Further, what is reasonably done cannot be reasonably undone. If, therefore, a bigamist can lawfully receive a dispensation, + it was unreasonable that he should be irregular: which is inadmissible. + </p> + <p id="XP_Q66_A5-p6"> + <b>On the contrary,</b> Pope Lucius granted a dispensation to the bishop of Palermo who was a bigamist, as stated in the gloss on can. Lector, dist. + 34. + </p> + <p id="XP_Q66_A5-p7"> Further, Pope Martin [*Martinus Bracarensis: cap. xliii] says: "If a Reader marry a widow, let him remain a Reader, or if + there be need for it, he may receive the Subdiaconate, but no higher order: and the same applies if he should be a bigamist." + Therefore he may at least receive a dispensation as far as the Subdiaconate. + </p> + <p id="XP_Q66_A5-p8"> + <b>I answer that,</b> Irregularity attaches to bigamy not by natural, but by positive law; nor again is it one of the essentials of order that + a man be not a bigamist, which is evident from the fact that if a bigamist present himself for orders, he receives the character. + Wherefore the Pope can dispense altogether from such an irregularity; but a bishop, only as regards the minor orders, though + some say that in order to prevent religious wandering abroad he can dispense therefrom + as regards the major orders in those who wish to serve God in religion. + </p> + <p id="XP_Q66_A5-p9"> + <b>Reply to Objection 1:</b> This Decretal shows that there is the same difficulty against granting a dispensation in those who have married several wives + in fact, as if they had married them in law; but it does not prove that the Pope has no power to grant a dispensation in such + cases. + </p> + <p id="XP_Q66_A5-p10"> + <b>Reply to Objection 2:</b> This is true as regards things belonging to the natural law, and those which are essential to the sacraments, and to faith. + But in those which owe their institution to the apostles, since the Church has the same power now as then of setting up and + of putting down, she can grant a dispensation through him who holds the primacy. + </p> + <p id="XP_Q66_A5-p11"> + <b>Reply to Objection 3:</b> Not every signification is essential to a sacrament, but that alone which belongs to the sacramental effect,* and this is + not removed by irregularity. [*Leonine edition reads "officium," some read "effectum"; the meaning is the same, and is best + rendered as above.] + </p> + <p id="XP_Q66_A5-p12"> + <b>Reply to Objection 4:</b> In particular cases there is no ratio that applies to all equally, on account of their variety. Hence what is reasonably + established for all, in consideration of what happens in the majority of cases, can be with equal reason done away in a certain + definite case. + </p> + <p id="XP_Q66_A5-p13"></p> + <p id="XP_Q66_A5-p14"></p> + <a href="summa.XP_Q66_A4.html"></a> + <a href="summa.XP_Q67.html"></a> + </div> + <a href="summa.XP_Q65_A5.html"></a> + <a href="summa.XP_Q66_A1.html"></a> + </div> + <div id="XP_Q67" class="div3"> + <a href="summa.XP_Q66_A5.html"></a> + <a href="summa.XP_Q67_A1.html"></a> + <h3 id="XP_Q67-p0.1">OF THE BILL OF DIVORCE (SEVEN ARTICLES)</h3> + <p id="XP_Q67-p1"></p> + <p id="XP_Q67-p2"> We must now consider the bill of divorce, under which head there are seven points of inquiry:</p> + <p id="XP_Q67-p3"> (1) Whether the indissolubility of marriage is of natural law?</p> + <p id="XP_Q67-p4"> (2) Whether by dispensation it may become lawful to put away a wife?</p> + <p id="XP_Q67-p5"> (3) Whether it was lawful under the Mosaic law?</p> + <p id="XP_Q67-p6"> (4) Whether a wife who has been divorced may take another husband?</p> + <p id="XP_Q67-p7"> (5) Whether the husband can marry again the wife whom he has divorced?</p> + <p id="XP_Q67-p8"> (6) Whether the cause of divorce was hatred of the wife?</p> + <p id="XP_Q67-p9"> (7) Whether the reasons for divorce had to be written on the bill?</p> + <div id="XP_Q67_A1" class="div4"> + <a href="summa.XP_Q67.html"></a> + <a href="summa.XP_Q67_A2.html"></a> + <h4 id="XP_Q67_A1-p0.1">Whether inseparableness of the wife is of natural law?</h4> + <p id="XP_Q67_A1-p1"></p> + <p id="XP_Q67_A1-p2"> + <b>Objection 1:</b> It would seem that inseparableness of the wife is not of natural law. For the natural law is the same for all. But no law + save Christ's has forbidden the divorcing of a wife. Therefore inseparableness of a wife is not of natural law. + </p> + <p id="XP_Q67_A1-p3"> + <b>Objection 2:</b> Further, the sacraments are not of the natural law. But the indissolubility of marriage is one of the marriage goods. Therefore + it is not of the natural law. + </p> + <p id="XP_Q67_A1-p4"> + <b>Objection 3:</b> Further, the union of man and woman in marriage is chiefly directed to the begetting, rearing, and instruction of the offspring. + But all things are complete by a certain time. Therefore after that time it is lawful to put away a wife without prejudice + to the natural law. + </p> + <p id="XP_Q67_A1-p5"> + <b>Objection 4:</b> Further, the good of the offspring is the principal end of marriage. But the indissolubility of marriage is opposed to the + good of the offspring, because, according to philosophers, a certain man cannot beget offspring of a certain woman, and yet + he might beget of another, even though she may have had intercourse with another man. Therefore the indissolubility of marriage + is against rather than according to the natural law. + </p> + <p id="XP_Q67_A1-p6"> + <b>On the contrary,</b> Those things which were assigned to nature when it was well established in its beginning belong especially to the law of + nature. Now the indissolubility of marriage is one of these things according to + <a class="scripRef" id="XP_Q67_A1-p6.1" href="./asv.html#Matt.19.4" target="asv"> Mat. 19:4,6.</a> Therefore it is of natural law. + </p> + <p id="XP_Q67_A1-p7"> Further, it is of natural law that man should not oppose himself to God. Yet man would, in a way, oppose himself to God if + he were to sunder "what God hath joined together." Since then the indissolubility of marriage is gathered from this passage + ( + <a class="scripRef" id="XP_Q67_A1-p7.1" href="./asv.html#Matt.19.6" target="asv">Mat. 19:6</a>) it would seem that it is of natural law. + </p> + <p id="XP_Q67_A1-p8"> + <b>I answer that,</b> By the intention of nature marriage is directed to the rearing of the offspring, not merely for a time, but throughout its + whole life. Hence it is of natural law that parents should lay up for their children, and that children should be their parents' + heirs ( + <a class="scripRef" id="XP_Q67_A1-p8.1" href="./asv.html#iiCor.12.14" target="asv">2 Cor. 12:14</a>). Therefore, since the offspring is the common good of husband and wife, the dictate of the natural law requires the latter + to live together for ever inseparably: and so the indissolubility + of marriage is of natural law. + </p> + <p id="XP_Q67_A1-p9"> + <b>Reply to Objection 1:</b> Christ's law alone brought mankind "to perfection" [*Cf. + <a class="scripRef" id="XP_Q67_A1-p9.1" href="./asv.html#Heb.7.19" target="asv"> Heb. 7:19</a>] by bringing man back to the state of the newness of nature. Wherefore neither Mosaic nor human laws could remove all that + was contrary to the law of nature, for this was reserved exclusively to "the law of the spirit of life" [*Cf. + <a class="scripRef" id="XP_Q67_A1-p9.2" href="./asv.html#Rom.8.2" target="asv"> Rom. 8:2</a>]. + </p> + <p id="XP_Q67_A1-p10"> + <b>Reply to Objection 2:</b> Indissolubility belongs to marriage in so far as the latter is a sign of the perpetual union of Christ with the Church, and + in so far as it fulfills an office of nature that is directed to the good of the offspring, as stated above. But since divorce + is more directly incompatible with the signification of the sacrament than with the good of the offspring, with which it is + incompatible consequently, as stated above ( + <a id="XP_Q67_A1-p10.1" shape="rect" href="summa.XP_Q65_A2.html">Q[65], + A[2] + </a>, ad 5), the indissolubility of marriage is implied in the good of the sacrament rather than in the good of the offspring, + although it may be connected with both. And in so far as it is connected with the good of the offspring, it is of the natural + law, but not as connected with the good of the sacrament. + </p> + <p id="XP_Q67_A1-p11"> The Reply to the Third Objection may be gathered from what has been said.</p> + <p id="XP_Q67_A1-p12"> + <b>Reply to Objection 4:</b> Marriage is chiefly directed to the common good in respect of its principal end, which is the good of the offspring; although + in respect of its secondary end it is directed to the good of the contracting party, in so far as it is by its very nature + a remedy for concupiscence. Hence marriage laws consider what is expedient for all rather than what may be suitable for one. + Therefore although the indissolubility of marriage hinder the good of the + offspring with regard to some individual, it is proportionate with the good of the offspring absolutely speaking: and for + this reason the argument does not prove. + </p> + <p id="XP_Q67_A1-p13"></p> + <p id="XP_Q67_A1-p14"></p> + <a href="summa.XP_Q67.html"></a> + <a href="summa.XP_Q67_A2.html"></a> + </div> + <div id="XP_Q67_A2" class="div4"> + <a href="summa.XP_Q67_A1.html"></a> + <a href="summa.XP_Q67_A3.html"></a> + <h4 id="XP_Q67_A2-p0.1">Whether it may have been lawful by dispensation to put away a wife?</h4> + <p id="XP_Q67_A2-p1"></p> + <p id="XP_Q67_A2-p2"> + <b>Objection 1:</b> It seems that it could not be lawful by dispensation to put away a wife. For in marriage anything that is opposed to the + good of the offspring is against the first precepts of the natural law, which admit of no dispensation. Now such is the putting + away of a wife, as stated above + <a id="XP_Q67_A2-p2.1" shape="rect" href="summa.XP_Q67_A1.html">(A[1])</a>. Therefore, etc. + </p> + <p id="XP_Q67_A2-p3"> + <b>Objection 2:</b> Further, a concubine differs from a wife especially in the fact that she is not inseparably united. But by no dispensation + could a man have a concubine. Therefore by no dispensation could he put his wife away. + </p> + <p id="XP_Q67_A2-p4"> + <b>Objection 3:</b> Further, men are as fit to receive a dispensation now as of old. But now a man cannot receive a dispensation to divorce his + wife. Neither, therefore, could he in olden times. + </p> + <p id="XP_Q67_A2-p5"> + <b>On the contrary,</b> Abraham carnally knew Agar with the disposition of a husband towards his wife, as stated above ( + <a id="XP_Q67_A2-p5.1" shape="rect" href="summa.XP_Q65_A5.html">Q[65], A[5]</a>, ad 2,3). Now by Divine command he sent her away, and yet sinned not. Therefore it could be lawful by dispensation for a + man to put away his wife. + </p> + <p id="XP_Q67_A2-p6"> + <b>I answer that,</b> In the commandments, especially those which in some way are of natural law, a dispensation is like a change in the natural + course of things: and this course is subject to a twofold change. First, by some natural cause whereby another natural cause + is hindered from following its course: it is thus in all things that happen by chance less frequently in nature. In this way, + however, there is no variation in the course of those natural things which happen + always, but only in the course of those which happen frequently. Secondly, by a cause altogether supernatural, as in the case + of miracles: and in this way there can be a variation in the course of nature, not only in the course which is appointed for + the majority of cases, but also in the course which is appointed for all cases, as instanced by the sun standing still at + the time of Josue, and by its turning back at the time of Ezechias, and by the miraculous eclipse at the time of Christ's + Passion [* + <a class="scripRef" id="XP_Q67_A2-p6.1" href="./asv.html#Josh.10.14" target="asv">Jos. 10:14</a>; + <a class="scripRef" id="XP_Q67_A2-p6.2" href="./asv.html#." target="asv">4 Kings 20:10</a>; + <a class="scripRef" id="XP_Q67_A2-p6.3" href="./asv.html#Isa.38.8" target="asv"> Is. 38:8</a>; + <a class="scripRef" id="XP_Q67_A2-p6.4" href="./asv.html#Matt.27.15" target="asv"> Mat. 27:15</a>]. In like manner the reason for a dispensation from a precept of the law of nature is sometimes found in the lower causes, + and in this way a dispensation may bear upon the secondary precepts of the natural law, but not on the first precepts because + these are always existent as it were, as stated above ( + <a id="XP_Q67_A2-p6.5" shape="rect" href="summa.XP_Q65_A1.html">Q[65], A[1]</a>) in reference to + the plurality of wives and so forth. But sometimes this reason is found in the higher causes, and then a dispensation may + be given by God even from the first precepts of the natural law, for the sake of signifying or showing some Divine mystery, + as instanced in the dispensation vouchsafed to Abraham in the slaying of his innocent son. Such dispensations, however, are + not granted to all generally, but to certain individual persons, as also happens in regard to miracles. Accordingly, if the + indissolubility of marriage is contained among the first precepts of the natural law, it could only be a matter of dispensation + in this second way; but, if it be one of the second precepts of the natural law, it could be a matter of dispensation even + in the first way. Now it would seem to belong rather to the secondary precepts of the natural law. For the indissolubility + of marriage is not directed to the good of the offspring, which is the principal end of marriage, except in so far as parents + have to provide for their children for their whole life, by due preparation of those things that are necessary in life. Now + this preparation does not pertain to the first intention of nature, in respect of which all things are common. And therefore + it would seem that to put away one's wife is not contrary to the first intention of nature, and consequently that it is contrary + not to the first but to the second precepts of the natural law. Therefore, seemingly, it can be a matter of dispensation + even in the first way. + </p> + <p id="XP_Q67_A2-p7"> + <b>Reply to Objection 1:</b> The good of the offspring, in so far as it belongs to the first intention of nature, includes procreation, nourishment, and + instruction, until the offspring comes to perfect age. But that provision be made for the children by bequeathing to them + the inheritance or other goods belongs seemingly to the second intention of the natural law. + </p> + <p id="XP_Q67_A2-p8"> + <b>Reply to Objection 2:</b> To have a concubine is contrary to the good of the offspring, in respect of nature's first intention in that good, namely + the rearing and instruction of the child, for which purpose it is necessary that the parents remain together permanently; + which is not the case with a concubine, since she is taken for a time. Hence the comparison fails. But in respect of nature's + second intention, even the having of a concubine may be a matter of dispensation as + evidenced by + <a class="scripRef" id="XP_Q67_A2-p8.1" href="./asv.html#Hos.1" target="asv">Osee 1</a>. + </p> + <p id="XP_Q67_A2-p9"> + <b>Reply to Objection 3:</b> Although indissolubility belongs to the second intention of marriage as fulfilling an office of nature, it belongs to its + first intention as a sacrament of the Church. Hence, from the moment it was made a sacrament of the Church, as long as it + remains such it cannot be a matter of dispensation, except perhaps by the second kind of dispensation. + </p> + <p id="XP_Q67_A2-p10"></p> + <p id="XP_Q67_A2-p11"></p> + <a href="summa.XP_Q67_A1.html"></a> + <a href="summa.XP_Q67_A3.html"></a> + </div> + <div id="XP_Q67_A3" class="div4"> + <a href="summa.XP_Q67_A2.html"></a> + <a href="summa.XP_Q67_A4.html"></a> + <h4 id="XP_Q67_A3-p0.1">Whether it was lawful to divorce a wife under the Mosaic law?</h4> + <p id="XP_Q67_A3-p1"></p> + <p id="XP_Q67_A3-p2"> + <b>Objection 1:</b> It would seem that it was lawful to divorce a wife under the Mosaic law. For one way of giving consent is to refrain from + prohibiting when one can prohibit. It is also unlawful to consent to what is unlawful. Since then the Mosaic law did not forbid + the putting away of a wife and did no wrong by not forbidding it, for "the law . . . is holy" ( + <a class="scripRef" id="XP_Q67_A3-p2.1" href="./asv.html#Rom.7.12" target="asv">Rom. 7:12</a>), it would seem that divorce was at one time lawful. + </p> + <p id="XP_Q67_A3-p3"> + <b>Objection 2:</b> Further, the prophets spoke inspired by the Holy Ghost, according to + <a class="scripRef" id="XP_Q67_A3-p3.1" href="./asv.html#iiPet.1.21" target="asv">2 Pet. 1:21.</a> Now it is written ( + <a class="scripRef" id="XP_Q67_A3-p3.2" href="./asv.html#Mal.2.16" target="asv">Malachi 2:16</a>): "When thou shalt hate her, put her away." Since then that which the Holy Ghost inspires is not unlawful, it would seem + that it was not always unlawful to divorce a wife. + </p> + <p id="XP_Q67_A3-p4"> + <b>Objection 3:</b> Further, Chrysostom [*Hom. xxxii in the Opus Imperfectum falsely ascribed to St. John Chrysostom] says that even as the apostles + permitted second marriages, so Moses allowed the bill of divorce. But second marriages are not sinful. Therefore neither was + it sinful under the Mosaic law to divorce a wife. + </p> + <p id="XP_Q67_A3-p5"> + <b>Objection 4:</b> On the contrary, our Lord said ( + <a class="scripRef" id="XP_Q67_A3-p5.1" href="./asv.html#Matt.19.8" target="asv">Mat. 19:8</a>) that Moses granted the Jews the bill of divorce by reason of the hardness of their heart. But their hardness of heart did + not excuse them from sin. Neither therefore did the law about the bill of divorce. + </p> + <p id="XP_Q67_A3-p6"> + <b>Objection 5:</b> Further, Chrysostom says [*Hom. xxxii in the Opus Imperfectum falsely ascribed to St. John Chrysostom] that "Moses, by granting + the bill of divorce, did not indicate the justice of God, but deprived their sin of its guilt, for while the Jews acted as + though they were keeping the law, their sin seemed to be no sin." + </p> + <p id="XP_Q67_A3-p7"> + <b>I answer that,</b> on this point there are two opinions. For some say that under the Law those who put away their wives, after giving them a + bill of divorce, were not excused from sin, although they were excused from the punishment which they should have suffered + according to the Law: and that for this reason Moses is stated to have permitted the bill of divorce. Accordingly they reckon + four kinds of permission: one by absence of precept, so that when a greater good is not + prescribed, a lesser good is said to be permitted: thus the Apostle by not prescribing virginity, permitted marriage ( + <a class="scripRef" id="XP_Q67_A3-p7.1" href="./asv.html#iCor.7" target="asv">1 Cor. 7</a>). The second is by absence of prohibition: thus venial sins are said to be permitted because they are not forbidden. The + third is by absence of prevention, and thus all sins are said to be permitted by God, in so far as He does not prevent them + whereas He can. The fourth is by omission of punishment, and in this way the bill of divorce was permitted in the Law, not + indeed for the sake of obtaining a greater good, as was the dispensation to have several wives, but for the sake of preventing + a greater evil, namely wife-murder to which the Jews were prone on account of the corruption of their irascible appetite. + Even so they were allowed to lend money for usury to strangers, on account of corruption in their concupiscible appetite, + lest they should exact usury of their brethren; and again on account of the corruption of suspicion in the reason they were + allowed the sacrifice of jealousy, lest mere suspicion should corrupt their judgment. But because the Old Law, though it did + not confer grace, was given that it might indicate sin, as the saints are agreed in saying, others are of opinion that if + it had been a sin for a man to put away his wife, this ought to have been indicated to him, at least by the law or the prophets: + "Show My people their wicked doings" ( + <a class="scripRef" id="XP_Q67_A3-p7.2" href="./asv.html#Isa.58.1" target="asv">Is. 58:1</a>): else they would seem to have been neglected, if those + things which are necessary for salvation and which they knew not were never made known to them: and this cannot be admitted, + because the righteousness of the Law observed at the time of the Law would merit eternal life. For this reason they say that + although to put away one's wife is wrong in itself, it nevertheless became lawful by God's permitting it, and they confirm + this by the authority of Chrysostom, who says [*Hom. xxxii in the Opus Imperfectum falsely ascribed to St. John Chrysostom] + that "the Lawgiver by permitting divorce removed the guilt from the sin." Although this opinion has some probability the former + is more generally held: wherefore we must reply to the arguments on both sides [*Cf. + <a id="XP_Q67_A3-p7.3" shape="rect" href="summa.FS_Q105_A4.html">FS, Q[105], A[4]</a>, ad 8; + <a id="XP_Q67_A3-p7.4" shape="rect" href="summa.FS_Q108_A3.html">FS, Q[108], A[3]</a>, ad 2; Contra Gentes iii, cap. 123]. + </p> + <p id="XP_Q67_A3-p8"> + <b>Reply to Objection 1:</b> He who can forbid, sins not by omitting to forbid if he has no hope of correcting, but fears by forbidding to furnish the + occasion of a greater evil. Thus it happened to Moses: wherefore acting on Divine authority he did not forbid the bill of + divorce. + </p> + <p id="XP_Q67_A3-p9"> + <b>Reply to Objection 2:</b> The prophets, inspired by the Holy Ghost, said that a wife ought to be put away, not as though this were a command of the + Holy Ghost, but as being permitted lest greater evils should be perpetrated. + </p> + <p id="XP_Q67_A3-p10"> + <b>Reply to Objection 3:</b> This likeness of permission must not be applied to every detail, but only to the cause which was the same in both cases, + since both permissions were granted in order to avoid some form of wickedness. + </p> + <p id="XP_Q67_A3-p11"> + <b>Reply to Objection 4:</b> Although their hardness of heart excused them not from sin, the permission given on account of that hardness excused them. + For certain things are forbidden those who are healthy in body, which are not forbidden the sick, and yet the sick sin not + by availing themselves of the permission granted to them. + </p> + <p id="XP_Q67_A3-p12"> + <b>Reply to Objection 5:</b> A good may be omitted in two ways. First, in order to obtain a greater good, and then the omission of that good becomes virtuous + by being directed to a greater good; thus Jacob rightly omitted to have only one wife, on account of the good of the offspring. + In another way a good is omitted in order to avoid a greater evil, and then if this is done with the authority of one who + can grant a dispensation, the omission of that good is not sinful, and yet + it does not also become virtuous. In this way the indissolubility of marriage was suspended in the law of Moses in order to + avoid a greater evil, namely wife-murder. Hence Chrysostom says that "he removed the guilt from the sin." For though divorce + remained inordinate, for which reason it is called a sin, it did not incur the debt of punishment, either temporal or eternal, + in so far as it was done by Divine permission: and thus its guilt was taken away from it. And therefore he says again + [*Hom. xxxii in the Opus Imperfectum falsely ascribed to St. John Chrysostom] that "divorce was permitted, an evil indeed, + yet lawful." Those who hold the first opinion understand by this only that divorce incurred the debt of temporal punishment. + </p> + <p id="XP_Q67_A3-p13"></p> + <p id="XP_Q67_A3-p14"></p> + <a href="summa.XP_Q67_A2.html"></a> + <a href="summa.XP_Q67_A4.html"></a> + </div> + <div id="XP_Q67_A4" class="div4"> + <a href="summa.XP_Q67_A3.html"></a> + <a href="summa.XP_Q67_A5.html"></a> + <h4 id="XP_Q67_A4-p0.1">Whether it was lawful for a divorced wife to have another husband?</h4> + <p id="XP_Q67_A4-p1"></p> + <p id="XP_Q67_A4-p2"> + <b>Objection 1:</b> It would seem that it was lawful for a divorced wife to have another husband. For in divorce the husband did a greater wrong + by divorcing his wife than the wife by being divorced. But the husband could, without sin, marry another wife. Therefore the + wife could without sin, marry another husband. + </p> + <p id="XP_Q67_A4-p3"> + <b>Objection 2:</b> Further, Augustine, speaking about bigamy, says (De Bono Conjug. xv, xviii) that "when it was the manner it was no sin." + Now at the time of the Old Law it was the custom for a wife after divorce to marry another husband: "When she is departed + and marrieth another husband," etc. Therefore the wife sinned not by marrying another husband. + </p> + <p id="XP_Q67_A4-p4"> + <b>Objection 3:</b> Further, our Lord showed that the justice of the New Testament is superabundant in comparison with the justice of the Old + Testament ( + <a class="scripRef" id="XP_Q67_A4-p4.1" href="./asv.html#Matt.5" target="asv">Mat. 5</a>). Now He said that it belongs to the superabundant justice of the New Testament that the divorced wife marry not another + husband ( + <a class="scripRef" id="XP_Q67_A4-p4.2" href="./asv.html#Matt.5.32" target="asv">Mat. 5:32</a>). Therefore it was lawful in the Old Law. + </p> + <p id="XP_Q67_A4-p5"> + <b>Objection 4:</b> On the contrary, are the words of + <a class="scripRef" id="XP_Q67_A4-p5.1" href="./asv.html#Matt.5.32" target="asv"> Mat. 5:32, </a> "He that shall marry her that is put away committeth adultery." Now adultery was never permitted in the Old Law. Therefore + it was not lawful for the divorced wife to have another husband. + </p> + <p id="XP_Q67_A4-p6"> + <b>Objection 5:</b> Further, it is written ( + <a class="scripRef" id="XP_Q67_A4-p6.1" href="./asv.html#Deut.24.3" target="asv">Dt. 24:3</a>) that a divorced woman who marries another husband "is defiled, and is become abominable before the Lord." Therefore she + sinned by marrying another husband. + </p> + <p id="XP_Q67_A4-p7"> + <b>I answer that,</b> According to the first above mentioned opinion + <a id="XP_Q67_A4-p7.1" shape="rect" href="summa.XP_Q67_A3.html">(A[3])</a>, she sinned by marrying another husband after being divorced, because her first marriage still held good. For "the woman + . . . whilst her husband liveth, is bound to the law of her husband" ( + <a class="scripRef" id="XP_Q67_A4-p7.2" href="./asv.html#Rom.7.2" target="asv">Rom. 7:2</a>): and she could not have several husbands at one time. But according to the second opinion, just as it was lawful by virtue + of the Divine dispensation for a + husband to divorce his wife, so could the wife marry another husband, because the indissolubility of marriage was removed + by reason of the divine dispensation: and as long as that indissolubility remains the saying of the Apostle holds. + </p> + <p id="XP_Q67_A4-p8"> Accordingly to reply to the arguments on either side:</p> + <p id="XP_Q67_A4-p9"> + <b>Reply to Objection 1:</b> It was lawful for a husband to have several wives at one time by virtue of the divine dispensation: wherefore having put + one away he could marry another even though the former marriage were not dissolved. But it was never lawful for a wife to + have several husbands. Wherefore the comparison fails. + </p> + <p id="XP_Q67_A4-p10"> + <b>Reply to Objection 2:</b> In this saying of Augustine manner [mos] does not signify custom but good manners; in the same sense a person is said to + have manners [morigeratus] because he has good manners; and "moral" philosophy takes its name from the same source. + </p> + <p id="XP_Q67_A4-p11"> + <b>Reply to Objection 3:</b> Our Lord shows the superabundance of the New Law over the Old in respect of the counsels, not only as regards those things + which the Old Law permitted, but also as regards those things which were forbidden in the Old Law, and yet were thought by + many to be permitted on account of the precepts being incorrectly explained---for instance that of the hatred towards our + enemies. and so is it in the matter of divorce. + </p> + <p id="XP_Q67_A4-p12"> + <b>Reply to Objection 4:</b> The saying of our Lord refers to the time of the New Law, when the aforesaid permission was recalled. In the same way we + are to understand the statement of Chrysostom [*Hom. xii in the Opus Imperfectum falsely ascribed to St. John Chrysostom], + who says that "a man who divorces his wife according to the law is guilty of four crimes: for in God's sight he is a murderer," + in so far as he has the purpose of killing his wife unless he divorce her; "and + because he divorces her without her having committed fornication," in which case alone the law of the Gospel allows a man + to put away his wife; "and again, because he makes her an adulteress, and the man whom she marries an adulterer." + </p> + <p id="XP_Q67_A4-p13"> + <b>Reply to Objection 5:</b> A gloss observes here: "She is defiled and abominable, namely in the judgment of him who first put her away as being defiled," + and consequently it does not follow that she is defiled absolutely speaking; or she is said to be defiled just as a person + who had touched a dead or leprous body was said to be unclean with the uncleanness, not of sin, but of a certain legal irregularity. + Wherefore a priest could not marry a widow or a divorced woman. + </p> + <p id="XP_Q67_A4-p14"></p> + <p id="XP_Q67_A4-p15"></p> + <a href="summa.XP_Q67_A3.html"></a> + <a href="summa.XP_Q67_A5.html"></a> + </div> + <div id="XP_Q67_A5" class="div4"> + <a href="summa.XP_Q67_A4.html"></a> + <a href="summa.XP_Q67_A6.html"></a> + <h4 id="XP_Q67_A5-p0.1">Whether a husband could lawfully take back the wife he had divorced?</h4> + <p id="XP_Q67_A5-p1"></p> + <p id="XP_Q67_A5-p2"> + <b>Objection 1:</b> It would seem that a husband could lawfully take back the wife he had divorced. For it is lawful to undo what was ill done. + But for the husband to divorce his wife was ill done. Therefore it was lawful for him to undo it, by taking back his wife. + </p> + <p id="XP_Q67_A5-p3"> + <b>Objection 2:</b> Further, it has always been lawful to be indulgent to the sinner, because this is a moral precept, which obtains in every + law. Now the husband by taking back the wife he had divorced was indulgent to one who had sinned. Therefore this also was + lawful. + </p> + <p id="XP_Q67_A5-p4"> + <b>Objection 3:</b> Further, the reason given ( + <a class="scripRef" id="XP_Q67_A5-p4.1" href="./asv.html#Deut.24.4" target="asv">Dt. 24:4</a>) for its being unlawful to take back a divorced wife was "because she is defiled." But the divorced wife is not defiled except + by marrying another husband. Therefore at least it was lawful to take back a divorced wife before she married again. + </p> + <p id="XP_Q67_A5-p5"> + <b>On the contrary,</b> It is said ( + <a class="scripRef" id="XP_Q67_A5-p5.1" href="./asv.html#Deut.24.4" target="asv">Dt. 24:4</a>) that "the former husband cannot take her again," etc. + </p> + <p id="XP_Q67_A5-p6"> + <b>I answer that,</b> In the law concerning the bill of divorce two things were permitted, namely for the husband to put away the wife, and for + the divorced wife to take another husband; and two things were commanded, namely that the bill of divorce should be written, + and secondly that the husband who divorced his wife could not take her back. According to those who hold the first opinion + + <a id="XP_Q67_A5-p6.1" shape="rect" href="summa.XP_Q67_A3.html">(A[3])</a> this was done in punishment of the woman who married again, + and that it was by this sin that she was defiled: but according to the others it was done that a husband might not be too + ready to divorce his wife if he could nowise take her back afterwards. + </p> + <p id="XP_Q67_A5-p7"> + <b>Reply to Objection 1:</b> In order to prevent the evil committed by a man in divorcing his wife, it was ordered that the husband could not take back + his divorced wife, as stated above: and for this reason it was ordered by God. + </p> + <p id="XP_Q67_A5-p8"> + <b>Reply to Objection 2:</b> It was always lawful to be indulgent to the sinner as regards the unkindly feelings of the heart, but not as regards the + punishment appointed by God. + </p> + <p id="XP_Q67_A5-p9"> + <b>Reply to Objection 3:</b> There are two opinions on this point. For some say that it was lawful for a divorced wife to be reconciled to her husband, + unless she were joined in marriage to another husband. For then, on account of the adultery to which she had voluntarily yielded, + it was assigned to her in punishment that she should not return to her former husband. Since, however, the law makes no distinction + in its prohibition, others say that from the moment that she was put + away she could not be taken back, even before marrying again, because the defilement must be understood not in reference to + sin, but as explained above (A[4], ad 3). + </p> + <p id="XP_Q67_A5-p10"></p> + <p id="XP_Q67_A5-p11"></p> + <a href="summa.XP_Q67_A4.html"></a> + <a href="summa.XP_Q67_A6.html"></a> + </div> + <div id="XP_Q67_A6" class="div4"> + <a href="summa.XP_Q67_A5.html"></a> + <a href="summa.XP_Q67_A7.html"></a> + <h4 id="XP_Q67_A6-p0.1">Whether the reason for divorce was hatred for the wife?</h4> + <p id="XP_Q67_A6-p1"></p> + <p id="XP_Q67_A6-p2"> + <b>Objection 1:</b> It would seem that the reason for divorce was hatred for the wife. For it is written ( + <a class="scripRef" id="XP_Q67_A6-p2.1" href="./asv.html#Mal.2.16" target="asv">Malachi 2:16</a>): "When thou shalt hate her put her away." Therefore, etc. + </p> + <p id="XP_Q67_A6-p3"> + <b>Objection 2:</b> Further, it is written ( + <a class="scripRef" id="XP_Q67_A6-p3.1" href="./asv.html#Deut.24.1" target="asv">Dt. 24:1</a>): "If . . . she find not favor in his eyes, for some uncleanness," etc. Therefore the same conclusion follows as before. + </p> + <p id="XP_Q67_A6-p4"> + <b>Objection 3:</b> On the contrary, Barrenness and fornication are more opposed to marriage than hatred. Therefore they ought to have been reasons + for divorce rather than hatred. + </p> + <p id="XP_Q67_A6-p5"> + <b>Objection 4:</b> Further, hatred may be caused by the virtue of the person hated. Therefore, if hatred is a sufficient reason, a woman could + be divorced on account of her virtue, which is absurd. + </p> + <p id="XP_Q67_A6-p6"> + <b>Objection 5:</b> Further, "If a man marry a wife and afterwards hate her, and seek occasions to put her away"* alleging that she was not a + virgin when he married her, should he fail to prove this, he shall be beaten, and shall be condemned in a hundred sicles of + silver, and he shall be unable to put her away all the days of his life ( + <a class="scripRef" id="XP_Q67_A6-p6.1" href="./asv.html#Deut.22.13" target="asv">Dt. 22:13-19</a>). [*The rest of the passage is apparently quoted from memory.] Therefore hatred is not a sufficient reason for + divorce. + </p> + <p id="XP_Q67_A6-p7"> + <b>I answer that,</b> It is the general opinion of holy men that the reason for permission being given to divorce a wife was the avoidance of wife-murder. + Now the proximate cause of murder is hatred: wherefore the proximate cause of divorce was hatred. But hatred proceeds, like + love, from a cause. Wherefore we must assign to divorce certain remote causes which were a cause of hatred. For Augustine + says in his gloss (De Serm. Dom. in Monte i, 14): "In the Law there were many + causes for divorcing a wife: Christ admitted none but fornication: and He commands other grievances to be borne for conjugal + fidelity and chastity." Such causes are imperfections either of body, as sickness or some notable deformity, or in soul as + fornication or the like which amounts to moral depravity. Some, however, restrict these causes within narrower limits, saying + with sufficient probability that it was not lawful to divorce a wife except for some cause subsequent to the marriage; and + that not even then could it be done for any such cause, but only for such as could hinder the good of the offspring, whether + in body as barrenness, or leprosy and the like, or in soul, for instance if she were a woman of wicked habits which her children + through continual contact with her would imitate. There is however a gloss on + <a class="scripRef" id="XP_Q67_A6-p7.1" href="./asv.html#Deut.24.1" target="asv"> Dt. 24:1, </a> "If . . . she find not favor in his eyes," which would seem to restrict them yet more, namely to sin, by saying that there + "uncleanness" + denotes sin: but "sin" in the gloss refers not only to the morality of the soul but also to the condition of the body. Accordingly + we grant the first two objections. + </p> + <p id="XP_Q67_A6-p8"> + <b>Reply to Objection 3:</b> Barrenness and other like things are causes of hatred, and so they are remote causes of divorce. + </p> + <p id="XP_Q67_A6-p9"> + <b>Reply to Objection 4:</b> No one is hateful on account of virtue as such, because goodness is the cause of love. Wherefore the argument does not hold. + </p> + <p id="XP_Q67_A6-p10"> + <b>Reply to Objection 5:</b> The husband was punished in that case by being unable to put away his wife for ever, just as in the case when he had corrupted + a maid ( + <a class="scripRef" id="XP_Q67_A6-p10.1" href="./asv.html#Deut.22.28" target="asv">Dt. 22:28-30</a>). + </p> + <p id="XP_Q67_A6-p11"></p> + <p id="XP_Q67_A6-p12"></p> + <a href="summa.XP_Q67_A5.html"></a> + <a href="summa.XP_Q67_A7.html"></a> + </div> + <div id="XP_Q67_A7" class="div4"> + <a href="summa.XP_Q67_A6.html"></a> + <a href="summa.XP_Q68.html"></a> + <h4 id="XP_Q67_A7-p0.1">Whether the causes of divorce had to be written in the bill?</h4> + <p id="XP_Q67_A7-p1"></p> + <p id="XP_Q67_A7-p2"> + <b>Objection 1:</b> It would seem that the causes of divorce had to be written in the bill: because the husband was absolved from the punishment + of the law by the written bill of divorce. But this would seem altogether unjust, unless sufficient causes were alleged for + a divorce. Therefore it was necessary for them to be written in the bill. + </p> + <p id="XP_Q67_A7-p3"> + <b>Objection 2:</b> Further, seemingly this document was of no use except to show the causes for divorce. Therefore, if they were not written + down, the bill was delivered for no purpose. + </p> + <p id="XP_Q67_A7-p4"> + <b>Objection 3:</b> Further, the Master says that it was so in the text (Sent. iv, D, 33). + </p> + <p id="XP_Q67_A7-p5"> + <b>On the contrary,</b> The causes for divorce were either sufficient or not. If they were sufficient, the wife was debarred from a second marriage, + though this was allowed her by the Law. If they were insufficient, the divorce was proved to be unjust, and therefore could + not be effected. Therefore the causes for divorce were by no means particularized in the bill. + </p> + <p id="XP_Q67_A7-p6"> + <b>I answer that,</b> The causes for divorce were not particularized in the bill, but were indicated in a general way, so as to prove the justice + of the divorce. According to Josephus (Antiq. iv, 6) this was in order that the woman, having the written bill of divorce, + might take another husband, else she would not have been believed. Wherefore according to him it was written in this wise: + "I promise never to have thee with me again." But according to Augustine (Contra Faust. xix, + 26) the bill was put into writing in order to cause a delay, and that the husband might be dissuaded by the counsel of the + notaries to refrain from his purpose of divorce. + </p> + <p id="XP_Q67_A7-p7"> This suffices for the Replies to the Objections.</p> + <p id="XP_Q67_A7-p8"></p> + <p id="XP_Q67_A7-p9"></p> + <a href="summa.XP_Q67_A6.html"></a> + <a href="summa.XP_Q68.html"></a> + </div> + <a href="summa.XP_Q66_A5.html"></a> + <a href="summa.XP_Q67_A1.html"></a> + </div> + <div id="XP_Q68" class="div3"> + <a href="summa.XP_Q67_A7.html"></a> + <a href="summa.XP_Q68_A1.html"></a> + <h3 id="XP_Q68-p0.1">OF ILLEGITIMATE CHILDREN (THREE ARTICLES)</h3> + <p id="XP_Q68-p1"></p> + <p id="XP_Q68-p2"> We must now consider children of illegitimate birth. Under this head there are three points of inquiry:</p> + <p id="XP_Q68-p3"> (1) Whether those born out of true marriage are illegitimate?</p> + <p id="XP_Q68-p4"> (2) Whether children should suffer any loss through being illegitimate?</p> + <p id="XP_Q68-p5"> (3) Whether they can be legitimized?</p> + <div id="XP_Q68_A1" class="div4"> + <a href="summa.XP_Q68.html"></a> + <a href="summa.XP_Q68_A2.html"></a> + <h4 id="XP_Q68_A1-p0.1">Whether children born out of true marriage are illegitimate?</h4> + <p id="XP_Q68_A1-p1"></p> + <p id="XP_Q68_A1-p2"> + <b>Objection 1:</b> It would seem that children born out of true marriage are legitimate. For he that is born according to law is called a legitimate + son. Now everyone is born according to law, at least the law of nature, which has more force than any other. Therefore every + child is to be called legitimate. + </p> + <p id="XP_Q68_A1-p3"> + <b>Objection 2:</b> Further, it is the common saying that a legitimate child is one born of a legitimate marriage, or of a marriage that is deemed + legitimate in the eyes of the Church. Now it happens sometimes that a marriage is deemed legitimate in the eyes of the Church, + whereas there is some impediment affecting its validity; which impediment may be known to the parties who marry in the presence + of the Church: or they may marry in secret and be ignorant of the impediment, in + which case their marriage would seem legitimate in the eyes of the Church, for the very reason that it is not prevented by + the Church. Therefore children born out of true marriage are not illegitimate. + </p> + <p id="XP_Q68_A1-p4"> + <b>On the contrary,</b> Illegitimate is that which is against the law. Now those who are born out of wedlock are born contrary to the law. Therefore + they are illegitimate. + </p> + <p id="XP_Q68_A1-p5"> + <b>I answer that,</b> Children are of four conditions. Some are natural and legitimate, for instance those who are born of a true and lawful marriage; + some are natural and illegitimate, as those who are born of fornication; some are legitimate and not natural, as adopted children; + some are neither legitimate nor natural; such are those born of adultery or incest, for these are born not only against the + positive law, but against the express natural law. Hence we must grant that + some children are illegitimate. + </p> + <p id="XP_Q68_A1-p6"> + <b>Reply to Objection 1:</b> Although those who are born of an unlawful intercourse are born according to the nature common to man and all animals, they + are born contrary to the law of nature which is proper to man: since fornication, adultery, and the like are contrary to the + law of nature. Hence the like are not legitimate by any law. + </p> + <p id="XP_Q68_A1-p7"> + <b>Reply to Objection 2:</b> Ignorance, unless it be affected, excuses unlawful intercourse from sin. Wherefore those who contract together in good faith + in the presence of the Church, although there be an impediment, of which however they are ignorant, sin not, nor are their + children illegitimate. If, however, they know of the impediment, although the Church upholds their marriage because she knows + not of the impediment, they are not excused from sin, nor do their children avoid + being illegitimate. Neither are they excused if they know not of the impediment and marry secretly, because such ignorance + would appear to be affected. + </p> + <p id="XP_Q68_A1-p8"></p> + <p id="XP_Q68_A1-p9"></p> + <a href="summa.XP_Q68.html"></a> + <a href="summa.XP_Q68_A2.html"></a> + </div> + <div id="XP_Q68_A2" class="div4"> + <a href="summa.XP_Q68_A1.html"></a> + <a href="summa.XP_Q68_A3.html"></a> + <h4 id="XP_Q68_A2-p0.1">Whether children should suffer any loss through being illegitimate?</h4> + <p id="XP_Q68_A2-p1"></p> + <p id="XP_Q68_A2-p2"> + <b>Objection 1:</b> It would seem that children ought not to suffer any loss through being illegitimate. For a child should not be punished on + account of his father's sin, according to the Lord's saying ( + <a class="scripRef" id="XP_Q68_A2-p2.1" href="./asv.html#Ezek.18.20" target="asv">Ezech. 18:20</a>). But it is not his own but his father's fault that he is born of an unlawful union. Therefore he should not incur a loss + on this account. + </p> + <p id="XP_Q68_A2-p3"> + <b>Objection 2:</b> Further, human justice is copied from Divine. Now God confers natural goods equally on legitimate and illegitimate children. + Therefore illegitimate should be equalled to legitimate children according to human laws. + </p> + <p id="XP_Q68_A2-p4"> + <b>On the contrary,</b> It is stated ( + <a class="scripRef" id="XP_Q68_A2-p4.1" href="./asv.html#Gen.25.5" target="asv">Gn. 25:5,6</a>) that "Abraham gave all his possessions to Isaac, and that to the children of the concubines he gave gifts": and yet the + latter were not born of an unlawful intercourse. Much more, therefore, ought those born of an unlawful intercourse to incur + loss by not inheriting their father's property. + </p> + <p id="XP_Q68_A2-p5"> + <b>I answer that,</b> A person is said to incur a loss for some cause in two ways: First, because he is deprived of his due, and thus an illegitimate + child incurs no loss. Secondly, because something is not due to him, which might have been due otherwise, and thus an illegitimate + son incurs a twofold loss. First because he is excluded from legitimate acts such as offices and dignities, which require + a certain respectability in those who perform them. Secondly, he incurs a loss by + not succeeding to his father's inheritance. Nevertheless natural sons can inherit a sixth only, whereas spurious children + cannot inherit any portion, although by natural law their parents are bound to provide for their needs. Hence it is part of + a bishop's care to compel both parents to provide for them. + </p> + <p id="XP_Q68_A2-p6"> + <b>Reply to Objection 1:</b> To incur a loss in this second way is not a punishment. Hence we do not say that a person is punished by not succeeding to + the throne through not being the king's son. In like manner it is no punishment to an illegitimate child that he has no right + to that which belongs to the legitimate children. + </p> + <p id="XP_Q68_A2-p7"> + <b>Reply to Objection 2:</b> Illegitimate intercourse is contrary to the law, not as an act of the generative power, but as proceeding from a wicked will. + Hence an illegitimate son incurs a loss, not in those things which come to him by his natural origin, but in those things + which are dependent on the will for being done or possessed. + </p> + <p id="XP_Q68_A2-p8"></p> + <p id="XP_Q68_A2-p9"></p> + <a href="summa.XP_Q68_A1.html"></a> + <a href="summa.XP_Q68_A3.html"></a> + </div> + <div id="XP_Q68_A3" class="div4"> + <a href="summa.XP_Q68_A2.html"></a> + <a href="summa.XP.iii.html"></a> + <h4 id="XP_Q68_A3-p0.1">Whether an illegitimate son can be legitimized?</h4> + <p id="XP_Q68_A3-p1"></p> + <p id="XP_Q68_A3-p2"> + <b>Objection 1:</b> It would seem that an illegitimate son cannot be legitimized. For the legitimate child is as far removed from the illegitimate + as the illegitimate from the legitimate. But a legitimate child is never made illegitimate. Neither, therefore, is an illegitimate + child ever made legitimate. + </p> + <p id="XP_Q68_A3-p3"> + <b>Objection 2:</b> Further, illegitimate intercourse begets an illegitimate child. But illegitimate intercourse never becomes legitimate. Neither, + therefore, can an illegitimate son become legitimate. + </p> + <p id="XP_Q68_A3-p4"> + <b>On the contrary,</b> What is done by the law can be undone by the law. Now the illegitimacy of children is an effect of positive law. Therefore + an illegitimate child can be legitimized by one who has legal authority. + </p> + <p id="XP_Q68_A3-p5"> + <b>I answer that,</b> An illegitimate child can be legitimized, not so that he be born of a legitimate intercourse, because this intercourse is + a thing of the past and can never be legitimized from the moment that it was once illegitimate. But the child is said to be + legitimized, in so far as the losses which an illegitimate child ought to incur are withdrawn by the authority of the law. + </p> + <p id="XP_Q68_A3-p6"> There are six ways of becoming legitimate: two according to the canons (Cap. Conquestus; Cap. Tanta), namely when a man marries + the woman of whom he has an unlawful child (if it were not a case of adultery), and by special indulgence and dispensation + of the lord Pope. The other four ways are according to the laws: (1) If the father offer his natural son to the emperor's + court, for by this very fact the son is legitimate on account of the reputation of the court; (2) if the + father designate him in his will as his legitimate heir, and the son afterwards offer the will to the emperor; (3) if there + be no legitimate son and the son himself offer himself to the emperor; (4) if the father designate him as legitimate in a + public document or in a document signed by three witnesses, without calling him natural. + </p> + <p id="XP_Q68_A3-p7"> + <b>Reply to Objection 1:</b> A favor may be bestowed on a person without injustice, but a person cannot be damnified except for a fault. Hence an illegitimate + child can be legitimized rather than "vice versa"; for although a legitimate son is sometimes deprived of his inheritance + on account of his fault, he is not said to be illegitimate, because he was legitimately begotten. + </p> + <p id="XP_Q68_A3-p8"> + <b>Reply to Objection 2:</b> Illegitimate intercourse has an inherent inseparable defect whereby it is opposed to the law: and consequently it cannot + be legitimized. Nor is there any comparison with an illegitimate child who has no such defect. + </p> + <p id="XP_Q68_A3-p9"></p> + <p id="XP_Q68_A3-p10"></p> + <a href="summa.XP_Q68_A2.html"></a> + <a href="summa.XP.iii.html"></a> + </div> + <a href="summa.XP_Q67_A7.html"></a> + <a href="summa.XP_Q68_A1.html"></a> + </div> + <a href="summa.XP.i.html"></a> + <a href="summa.XP_Q1.html"></a> + ` + </div> \ No newline at end of file
