Moral Theology / A Complete Course Based on St. Thomas Aquinas and the Best Modern Authorities

by John A. McHugh; Charles J. Callan

Art. 5: THE QUASI-INTEGRAL AND POTENTIAL PARTS OF JUSTICE; THE VIRTUE OF RELIGION AND THE OPPOSITE VICES

(_Summa Theologica_, II-II, qq. 79-100.)

2139. The Quasi-Integral Parts of Justice.—The integral parts of a virtue are certain functions necessary for the perfect use of the virtue; for example, memory, perception, docility and quickness are needed for the fullest exercise of prudence (see 1648 sqq.). These parts are called here “quasi-integral,” so as not to be confused with the properly integral parts, or divisions of quantity, in a material composite. In its first use “integral part” is spoken of bodily things; in its derived use of incorporeal things (such as virtues). The two previous articles treated the subjective parts of justice; the present article will begin with a consideration of the integral parts and the opposite sins.

2140. The integral parts of justice are expressed in the words of Psalm xxxiii. 15—“Turn away from evil, and do good”—for the perfectly just man will both establish the equality of justice by giving others their dues, and will preserve that equality by refraining from injuries.

(a) Thus, these integral parts are acts of virtue, and hence the avoidance of evil here is not a purely negative attitude; it includes a positive repudiation by the will of all wish to harm others, and it is exercised especially when one is attacked and yet refuses to resort to injustice.

(b) These integral parts of justice are also distinct, one from the other. The other moral virtues regulate the passions by bringing them to the moderation that lies midway between two evil extremes, and hence in respect to those virtues to turn away from evil is the same thing as to do good. But justice regulates human operations and external things both by reducing them to due equality and also by avoiding that which upsets the equality, and thus in the matter of justice it is one thing to do good, another thing to avoid evil.

(c) These integral parts of justice are also special, that is, they are distinct from other virtues. For, while every virtue turns away from evil and does good, the two acts we are now considering do these things with the express purpose of fulfilling justice. Thus, he who observes the commands and prohibitions of the law in order to render to God and the common good their dues, is perfect in general or legal justice; he who gives to other individuals what is owed them and also avoids doing them injury, is perfect in particular justice. To the two integral parts of justice are opposed the two sins of transgression and omission (see 35-39).

2141. The Potential Parts of Justice.—The potential parts of justice, that is, its annexed virtues, are those good habits that are subsidiary to justice, partaking in some degree, but not entirely, of its nature or activity. We saw above (1664 sqq.) that wise deliberation and wise decision belong to prudence, inasmuch as they are concerned with the government of conduct by reason, but that they fall short of its principal act, which is wise direction, and hence they are counted as potential parts. In like manner, there are a number of virtues which must be assigned to justice, since they regulate man’s will towards others, but which must be considered as its potential parts, because they do not share in one or the other of the two remaining essential notes of strict justice, namely, that a return is given which is equal to a debt, and that the debt is owed on account of a strict or legal right (see 1692).

2142. In the following enumeration are given the chief potential parts of justice in which there is a strict debt, but not an equal repayment.

(a) Thus, to God man owes whatever honor and veneration he manifests, but with all his efforts man can never pay to God a worship that is equal to the debt. Thus, man cannot sufficiently thank God for His benefits: “What return can I make to the Lord for all that He has done for me?” (Psalm cxv. 12). The virtue of religion, therefore, is a potential part of justice.

(b) To parents children cannot make a full return for the benefits of life and upbringing, and the same may be said of one’s country: “A due return is out of the question in honors paid to the gods and to parents ... but a person is considered to be virtuous if he pays such regard as lies within his power” (Aristotle, _Ethics_, lib. VIII, cap. 16). Hence, the virtue of piety is also a potential part of justice. In exceptional cases, however, a child may make an equal or even a greater return to his parents for the benefits received from them; for example, by saving his father from death he makes an equal return for the benefit of life, and by converting his parents to the faith he gives them spiritual life, which is more valuable than the natural life he received from them.

(c) To men of virtue we are unable to make a sufficient return for the good they do us by their instruction and example, and hence the honor we show them is less than the benefit we receive from them. The virtue of reverence (_observantia_) is then a potential part of justice.

2143. Degrees of Moral Debt.—The remaining potential parts of justice are those in which there is not a legal debt, which is enforced by some law, but a moral debt to which one is obliged from the decency or the greater decency of virtue. There are, then, two degrees of moral debt.

(a) A moral debt is more urgent, when without its fulfillment one cannot keep to the decency of virtue, that is, one cannot preserve the character of a virtuous man. Thus, if a moral debt is considered from the side of the debtor, he is obliged to show himself in words and deeds to others what he really is, has been, or intends to be (virtue of truthfulness); if the debt be viewed from the side of the creditor to whom some recompense is owed, there is the duty of gratitude to him for his benefits and of punishment for his injuries (virtues of gratitude and vindication). These parts of justice just mentioned are readily distinguishable from acts that pertain to general or particular justice and that are owed as legal debts. Thus, truthful testimony on the witness stand is a legal obligation, for the person who questions has a strict right to hear the truth; but veracity in social intercourse, or the habit of speaking the truth to others, is a moral obligation, one imposed by God but not enforced legally. Compensation for services bestowed according to contract is a legal duty, and the debtor can be compelled to pay; but thankfulness for gifts or other benefits is only a moral duty, and generally laws do not take account of ingratitude. Punishment of a delinquent by public authority is an act of commutative justice; but punishment meted out by a private person in self-defense, who appeals to the law or who forcibly but lawfully repels an injury, is an act of a virtue annexed to justice.

(b) A moral debt is less urgent, when without its fulfillment one can preserve virtue, but not the more becoming or more perfect course of virtue. The chief examples here are the virtues of friendship or affability and of liberality. To treat others in a friendly manner and to make oneself agreeable in company is suitable, not chiefly because of any benefits one has received from others, but because one is better for this oneself and by it the ways of life are made easier for all. Likewise liberality is not due, but it shows a better disposition as to money and other temporal goods to be willing to distribute them to others willingly and generously. Without friendship and liberality the peace and harmony of social intercourse may be maintained, but with them it is maintained more easily and receives an added grace and distinction.

2144. Epieikeia.—The above-mentioned potential parts of justice are adjuncts of particular justice. There remains one more virtue to be noted, that of epieikeia or equity, which pertains to legal justice. This is a subjective part of justice, since it is the superior function of legal justice, guiding it to follow what is substantial right, and preserving it from the danger of mere legalism or over-strict interpretation or application of Written law (see 358). With this, the crowning virtue of justice, the enumeration of its parts is brought to a close.

2145. The Virtue of Religion.—We shall now proceed to treat of the various parts of justice in the order in which they were given above (2142-2144), beginning with the virtue that renders to God His due. Religion (holiness) is defined as “a moral virtue that disposes us to offer to God the worship and honor that belong to Him as the supreme Author of all things.”

(a) Thus, religion is a moral virtue, for, though it tends towards God, it is not numbered among the theological virtues, but among the moral virtues, being one of the potential parts of justice.

(b) It is an inclination, that is, it is a habit of the soul or the exercise of that habit in some act. The acts of religion are either elicited by it or commanded by it, according as they are its own proper activities and proceed directly from it and are directed immediately to God (e.g., acts of adoration, sacrifice, prayer), or belong to some other virtue employed by religion for the honor of God; for example, to visit the widows and orphans in their tribulation is an act of mercy, to keep oneself unspotted from this world is an act of temperance, but when used for the honor and glory of God these acts are also acts of religion (James, i. 27).

(e) It is paid to God, that is, being an act of justice, it renders to another what is His due. Religious honor given the saints or sacred images refers to God, for whose sake they are venerated.

(d) It is paid to God as the Supreme Being, that is, just as we are bound to tend to God and to serve Him, because He is our Last End, so are we bound to honor Him, because He is our Maker and Ruler.

(e) It offers to God the tribute of worship, that is, some internal or external work done in acknowledgment of God’s Majesty and with the purpose of impressing the worshipper or others with the sense of His greatness, or it is the sense of that greatness.

2146. Religion as a Moral Virtue.—(a) Religion takes its rank among the moral, not among the theological, virtues. A theological virtue has the Last End for its immediate object or subject-matter (e.g., faith is concerned directly with God, since it believes Him and in Him), and has no mean of virtue (e.g., faith cannot go to extremes by believing God too much); whereas a moral virtue has the means to God for its immediate object (e.g., justice is concerned directly with the actions we owe to others) and it must observe the golden mean (e.g., justice must pay the just price, neither more nor less, and at the proper time, place, and to the proper person, etc.). Now, it is clear that religion has for its immediate object the due performance of worship, although God is the person for whose sake it is offered and His excellence the foundation of its necessity; and also that one must observe moderation in worship as to circumstances of place, time, etc., although it is impossible to be extreme in the quantity or fervor one gives to worship, since even the best efforts will fall short of the honor God deserves (Ecclus., xliii. 33).

(b) Religion is the greatest of the moral virtues, since the person in whose favor it is exercised is God Himself, and its obligation is correspondingly stricter than that of the other virtues. General and particular justice are owed to creatures, but the claim of a creature is much less than that of God. There is no contradiction in making religion a part of justice and then preferring it to justice, for it is more correct to speak of the integral and potential parts of virtues as quasi-parts, since they are called parts only from analogy to parts that are found in material or living things, though they are not similar to those parts in all respects (see 1647, 1648, 2139). Neither does the fact that religion cannot pay in full make it inferior to justice, since in matters of virtue good will take precedence over the ability to pay. Since religion is the supreme moral virtue, irreligion is the chief offense against the moral virtues (e.g., malicious blasphemy is worse than injustice or intemperance).

2147. Superiority of Religion as a Virtue.—Religion, therefore, is superior to the following virtues: (a) it is superior to legal justice, the chief of the moral virtues that deal with human and natural good; (b) it is superior to humility, the chief of the moral virtues moderative of the passions; (c) it is superior to mercy, the greatest of the virtues that relieve distress, for religion is offered to God, not for His utility, but for His external glory and our benefit; (d) it is greater than repentance, for it honors God, while repentance only disposes or prepares for satisfaction to His honor; (e) it is greater than large external offerings made to God without spirit, for “obedience is better than victims” (I Kings, xv. 22); that is, the internal acts of religion (reverence and devotion) are of more importance than external acts of worship conducted with great pomp or magnificence but without the inner reverence, the obedience or other dispositions pleasing to God.

2148. Necessity of the Acts of Religion.—(a) The internal acts (devotion and prayer) are chiefly necessary, for these are exercised by the soul, and it is through them that the external acts are made truthful: “God is a spirit and those who adore Him must adore in spirit and in truth” (John, iv. 24).

(b) The external acts (adoration, sacrifice, etc.) are also necessary to man. God does not need these acts (Psalm xlix. 13), it is true, for no creature can add to the glory God has from Himself. But man needs the elevation and perfection which he receives from communication with the Supreme Being, and, as he is not all spirit, he must employ symbols and ceremonies to arouse, hold and strengthen the affections of his soul. Hence, although the ceremonial law of the Old Testament was abolished by Christ (see 342), the Christian religion recognizes the need of ceremonies, as is plain both from the Scriptures and the teaching and practice of the Church at all times. In the New Testament we read that Our Lord used vocal prayer, prayed on His knees, and made use of sacred hymns; and like external acts of religion are ascribed to Sts. Peter, Paul, and Stephen (Luke, xxii. 31; Matt., xxvi. 39; Acts, ii. 42, vii. 59, ix. 40). Public worship is also a necessity on account of the nature of the Church as a visible society.

2149. The Internal Acts of Religion.—These internal acts are offerings made to God of the worship of the soul itself, and they may be reduced chiefly to two: (a) devotion, which is the offering of the will and the highest act of religion, since from the will the other acts arise; (b) prayer, which is the offering of the intellect; for in prayer the thoughts of the mind rise to God as an oblation made to Him.

2150. Definition of Devotion.—Devotion is defined as “the will to give oneself readily to those things that pertain to the divine service.” We find an example of it in Exod., xxxv. 21, where it is said that the multitude offered first fruits to the Lord with a most ready and devout mind. One who is devoted to another is strongly attached to that other’s interests, and so one who is devout is zealous for the service of God.

(a) Thus, devotion is an act of the will, that is, an offering of oneself to the service of God, the Last End. But devotion will be found in other acts in so far as they are done under the will’s impulse, such as prayer, adoration, sacrifice. The looks, gestures, and voice of those who pray or take part in services of divine worship are influenced by internal devotion, and so become fitting expressions of honor shown to God and an inspiration to beholders.

(b) Devotion contains a ready willingness, that is, the devout person is quick to choose the divine honor as a purpose, quick also to select and to employ suitable means for this purpose. The great model of this is Our Lord, who declared that His very food was to serve His Father (John, iv. 34).

(c) Devotion is exercised in things that pertain to the divine service, that is, to the worship or honor of God. Thus, he who offers himself to God intending the offering as an act of spiritual union or friendship exercises the virtue of charity, while he who forms the intention of doing good in order to glorify God exercises devotion. But devotion and charity are not separated, for charity inspires devotion and devotion nourishes charity.

2151. Devotion should not be confused with emotion, spiritual consolation, or pious exercises known as devotions.

(a) Thus, emotion or pleasure of a non-religious kind is not devotion, though sometimes mistaken for it when the emotion or pleasure is of an elevating kind and occasioned by religious exercises. Neither esthetic joy (e.g., over the music, the ceremonies, the architecture of the church), nor literary pleasure (e.g. over a sublime passage of Holy Writ or a charming liturgical composition), nor intellectual satisfaction (e.g., over the refinement and culture imparted by religious truths), is necessarily joined with that strong attachment to God and inclination to do His will which is the soul of devotion.

(b) Spiritual consolations are sometimes called devotion, but they are not the same thing as the devotion we now speak of. Substantial devotion with which we are now concerned is in the will and consists in the strong inclination to praise and honor God, whereas accidental devotion is rather in the sensible appetite and consists in a feeling of sweetness or elevation in exercises of piety which sometimes reacts upon the body, as when a devout person weeps for joy at the thought of God. Substantial devotion is essential and should be maintained, even though there is no feeling of attraction or fervor. An example of this is furnished by Our Lord, who prayed earnestly during the agony in the garden and the desolation on the cross. Accidental devotion is not of itself evil, nor useless, and it may be desired and prayed for; but it is dangerous for those persons who are puffed up by it, or who become inordinately attached to it, or who are disposed to mistake it for substantial devotion, for, like the consoling vision of Thabor, it is passing and is not an end in itself.

(c) Devotions are various forms of external cult shown to God, Christ, the Blessed Virgin, the Saints, celebrated shrines, etc., whether of a liturgical or a popular, of a public or a private kind. Examples are the Forty Hours’ Devotion, novenas, consecrated days and months, the use of scapulars, medals, etc., pilgrimages, and the like. All these devotions that have the approval of the Church are good and useful in themselves. But devotees often made a bad use of them, substituting devotions for devotion and the non-essential for the essential, as when religion is made to center in pictures or music or a sentimental attachment for some favorite Saint. Persons who multiply external observances may be without the least degree of real devotion.

2152. External and Internal Cause of Devotion.—The external cause of devotion is God, who by grace bestows the will of serving Him gladly, and therefore the Church prays God to bestow upon us the disposition of piety and devotion, and to increase in us devotion unto salvation. But there is also an internal cause, namely, mental prayer or consideration of divine things, for the will follows on the intellect. Hence, it is impossible to animate external acts of worship with true devotion, unless one practises daily or frequent mental prayer. The subjects of mental prayer that promote devotion are reducible to two:

(a) one should think on one’s own weakness (sins, dangers, temptations, etc.) and one’s need of God, for this serves to remove the impediments to devotion. Those who would be devoted to God must free themselves from presumption and self-confidence in the spirit of the pilgrim going up to the Temple who said; “I will raise my eyes to the mountains from which help cometh to me” (Psalm cxx, 1);

(b) one should think on points that will excite the love of God, such as the thought of His goodness, the memory of His benefits, the mysteries of the life of Christ; for these considerations by inspiring charity will thereby indirectly introduce devotion to God. “It is good for me to cling fast to God and to place my hope in the Lord,” said the Psalmist, after he had thought over the blessings received from Providence (Psalm lxxii. 28).

2153. Prayer.—Prayer can be taken in various senses. (a) Thus, in the widest sense prayer is any act of religion or a holy life. St. Augustine says that a good life is the best of all prayers, and the command of Christ that we pray always has been understood to mean that we should always follow good. (b) In a less wide sense, prayer is the raising of the mind to God, in order to praise, adore, thank Him, etc. The motive of veneration here present distinguishes prayer from mere thoughts about God as when one studies or discusses theological subjects to satisfy curiosity or to impart information.

(c) In its strict sense, prayer is the asking for suitable things from God. By suitable things are meant such as are lawful and becoming, and hence it would not be a prayer, but a mockery, to ask God for help to accomplish sin or for miracles in trivial matters. We are now considering prayer in its strict and less wide senses.

2154. The Psychology of Prayer.—(a) Prayer in its nature is an act of the reason, for it is a conversation or communication with God. It belongs, however, not to the speculative, but to the practical reason, since it is not a mere process of apprehension, judgment or reasoning, but the arrangement and presentation of requests, plans, etc., before God with a view to their acceptance by Him. By prayer, then, we do not understand thinking on God, as in meditation and contemplation (though these are known as mental prayer), but speaking to God.

(b) Prayer in its origin is an act of the will, for the practical reason presents before God only such things as are desired by him who prays. Prayer is the interpreter of desire. Indeed, God may take the will for the request and grant what has not yet been asked: “The Lord heard the desire of the poor” (Ps. ix. 17); “Before they cry I shall hear them” (Is., lxv. 24). Moreover, prayer should spring out of an inclination towards God Himself and a desire for union with Him (Ps. xli. 1. 2; Ps. xxvi. 4).

2155. The Necessity of Prayer.—(a) Prayer is not necessary on God’s account, as though He needed to be informed of our wants, or could not be happy without our homage, or might be induced to change His plans; (b) it is necessary for our own sakes, for, although God could and sometimes does grant favors unasked, He wishes that ordinarily we should have the double benefit of the prayer and of the favor given in answer to the prayer. God could grant the crops of the fields without human cultivation, or even tools and finished articles without human invention or labor, but man would then lose the fruits that belong to labor of mind and body. Prayer is most beneficial, even when unanswered: it attracts man to perform his basic duty of honoring his Creator, to keep in use his spiritual powers, and to exercise the necessary virtues of faith, hope and charity; it gives him the privilege of speaking directly with God and with Christ and of asking for what he desires—an intimacy that must in time correct and elevate man’s whole spiritual life; then prayer is a pouring out of the heart to God the Heavenly Father, and this will afford relief in times of misfortune or peril.

2156. The Duty of Prayer for all Adults.—(a) Prayer is necessary from divine precept, as is declared in many passages of Scripture. Thus, we are commanded to watch and pray (Matt, xxvi. 41), to pray always and not to faint (Luke, xviii. 1), to ask and to knock (Matt., vii. 7 sqq.), to pray without ceasing (I Thess., v. 17), to watch in prayers (I Peter, iv. 7). In the Mass the Lord’s Prayer is prefaced with the words: “Commanded by salutary precepts and admonished by divine instructions, we make bold to say: Our Father, etc.” There is, however, no divine precept of vocal prayer or as to the use of the form of words given by Christ, but one must pray at least mentally and in the manner indicated by Christ.

(b) Prayer is also necessary as a means (see 360), at least generally speaking; not that God could not save man without prayer, but that He has made it an indispensable condition, as is true also of Baptism, without which salvation is not conferred. This is the common opinion and it rests on strong arguments. Thus, there are certain necessary goods (such as perseverance) that cannot be had except through prayer, and there are certain necessary duties (such as the acts of faith, charity, and religion) that are not exercised apart from prayer. Then, there is the teaching of the Church and of the Fathers and Doctors that prayer is needed in order to observe the Commandments (Council of Trent), that no one is assisted who does not pray (Gennadius), that prayer is to the soul what breath is to the body (St. Benedict), that he who prays will certainly be saved, while he who prays not will surely be lost (St. Alphonsus).

2157. Times and Frequency of Prayer.—As to the times and frequency of prayer, in fulfillment of the obligation, there are the same opinions and conclusions as for the acts of faith, hope, and charity (see 929 sqq., 1095-1097, 1593 sqq.). On this point we may conclude as follows:

(a) directly, or by reason of the precept of prayer itself, there is a duty to pray at the beginning of the moral life, frequently during life (whether daily, weekly, monthly, yearly, etc. cannot be precisely determined; but there is no practical difficulty, since those who devoutly hear Mass at the times commanded comply with the duty of prayer), and also in danger of death. At the outset of the moral life the reason and will should turn to God, and this is prayer at least in the widest sense; during life prayer should be frequent and continuous according to the words of Scripture; at the hour of death, prayer is necessary, since we are specially bidden to ask for perseverance till the end;

(b) indirectly, or by reason of some precept distinct from that of prayer, prayer is necessary whenever one needs to have recourse to God to fulfill some command or avoid something prohibited. Thus, one should pray at Mass, for according to church law Mass must be heard devoutly; one should pray when a dangerous temptation assails one, or when there are great calamities, especially of a public character, for according to the precept of charity one must help oneself and others in difficulties.

2158. Practical Corollaries about Prayer with Reference to Confession.—(a) Practical Catholics, that is, those who comply with the precepts of the Church, but who accuse themselves of neglecting morning and evening prayers or grace at meals, cannot be judged guilty of sin, even of venial sin, on account of this neglect; for there is no common precept directly obliging to such prayers. But there may often be a venial sin for other reasons, as when the omission is due to a spirit of lukewarmness, or when indirectly there is a duty to pray at those times for special reasons, such as daily needs or temptations. We do not agree, then, with the opinion that omission of morning and evening prayers, especially when it is habitual, is never sufficient matter for absolution.

(b) Unpractical Catholics, that is, those who have been away from Mass or the Sacraments contrary to the laws of the Church as habitual transgressors, and who say nothing about their neglect of prayer, should be questioned whether in all the years of absence from their duties they have also omitted all prayers. For, if this be the case, they have sinned against the duty of prayer. Morning and evening prayer and grace at table should be earnestly recommended to all, because these are customs that have come down from the earliest times, and also because those who disregard them often come to neglect all prayer, or at least expose themselves to dangers or to the loss of precious graces.

2159. To Whom May Prayer Be Offered?—Only God may be addressed as the Bestower of favors (“The Lord giveth grace and glory,” Ps. lxxxiii. 12), but the Saints may be prayed to as intercessors before God (“The smoke of incense of the prayers of the saints ascended up before God from the hands of the angel,” Apoc., viii. 4). Hence, the Church asks God to have mercy on us; it asks the Saints to pray for us. It is lawful privately to invoke the prayers of an infant who died after baptism, of a soul in Purgatory, and one may ask the prayers of those who are still alive, as St. Paul frequently does in his Epistles. There is no command that we pray to the saints, and hence one who did not pray to them would not be guilty of grave sin _per se_; but there would be grave sin, if their intercession was neglected on account of contempt, and venial sin, if one failed to call on them (especially on the Blessed Virgin, the Mediatrix of all graces) on account of negligence about one’s own spiritual good.

2160. The Persons for Whom Prayer Is Offered.—There is an obligation of charity to pray for ourselves and also for others, for we should ask for the things that we are obliged to desire (see 2161). This duty is taught in Holy Scripture (e.g., Our Lord prayed for Peter; St. Paul asks for the prayers of his Churches; St. James, in v. 16, admonishes us to pray for one another that we may be saved); also in the creed and liturgy of the Church, for we profess belief in the communion of saints, and offer Masses and suffrages for the living and the dead. One should pray for enemies in common prayers that are offered for all, and in special prayers for them in particular, when there is a special reason, such as their grave necessity or the scandal that would be given if one refused to join in a special prayer for one’s enemy (Matt., v. 44); but one may not pray for the success of the evil projects of an enemy, and one is not obliged to make special prayers for him apart from necessity (see 1151). For the excommunicated one should pray in private prayers and also in public prayers, when this is permitted by the law, as in the services of Good Friday and under certain conditions in Masses (Canon 2262). For sinners prayers should be said, unless they are already lost. The souls in Purgatory are also to be prayed for, although the obligation does not seem grave, since it is not certain as to any particular soul that it is in need of our prayers. As to the blessed, one may pray for their canonization or accidental glory, not for their essential glory, which they already possess.

2161. Things that May Be Prayed for.—(a) Evils.—One may never pray for moral evil, even of the slightest kind, and it would be a grave irreverence to beseech God to become our helper in the commission of sin. As to physical evils, one may not ask them as evils or for their own sake; but it is lawful to pray for them in the larger sense in which they are goods. Thus, for oneself one may ask from God sickness, poverty or death, in so far as these ills are means of correction, improvement, merit, penance, or escape from sin; for an enemy one may ask that God restrain him, even by the use of temporal misfortunes, if this be necessary to keep him from sin.

(b) Indifferent Things.—One may not desire an indifferent thing, if there is no moral purpose to justify it (see 83). Hence, one may not ask God for the gratification of idle wishes (e.g., that one win a game in which the only purpose in gain), but it does not seem that there is grave irreverence in so doing.

(c) Temporal Goods.—These may not be asked for from a primary intention, since we must seek first the kingdom of God and His justice (Matt., vi. 33), which are more important; neither may we ask for any determinate temporal thing unconditionally, since we are uncertain whether it will prove beneficial or harmful. But temporal things may be asked for from a secondary intention (that is, in so far as they are means that assist us to attain spiritual goods) and conditionally (that is, under the proviso that they will prove spiritually beneficial). Thus, the Church prays for protection against storms and disturbances, and asks for good weather, abundant harvests, peace, etc.

(d) Spiritual Goods.—Eternal salvation and the means thereto we should pray for as the principal objects of our desire and should ask for them unconditionally; for God is our true End, and the things that lead to Him cannot be harmful to us. Miracles may be asked for, but it is wrong to beg God for privileges that are reserved for others (e.g., to sit at the right hand of Christ in glory).

2162. The Qualities of Prayer.—(a) As to its manner, prayer is either unaccompanied or accompanied by external acts of worship, such as bodily gestures or speech. But not infrequently the thoughts are voiced in words, and we then have what is known as vocal prayer. Prayer made by a private person for himself or others may be internal; but public prayer that is offered by the ministers of the Church in the name of the Church should be vocal, since it should be manifested to the people for whom it is being offered. But the use of words or other external signs is advantageous even in private prayer, since it excites greater devotion in a person and is a help to attention.

(b) As to persistence, prayer is continuous or interrupted. Prayer should be continuous if there is question of its cause, which is prayerfulness of spirit, or desire of salvation; and in this sense may be understood the words of Scripture that command us to pray always (Luke, xviii. 1; Eph., vi. 18; I Thess., v. 17 ), But if we speak of prayer itself, it is impossible to pray unceasingly in this life, as there are many other things that have to be done and rest is a necessity.

(c) As to quantity, prayers are lengthy or brief. Our Lord rejected the belief of the pagans that the efficacy of prayer depends on many words (Matt, vi. 7), but He did not forbid long prayers, since He often spent nights in prayer. The rule about the length of private prayers is that one should pray for such a space of time as is favorable to devotion, and should cease from prayer as soon as it becomes tedious; similarly, public devotions should not be so lengthened out that those present become wearied and inattentive. The Fathers of the Desert were wont to offer many brief but ardent ejaculatory prayers, fearing that prayer long drawn out would fall away from the fervor of intention with which it began. But, if devotion continues, prayer should not easily be broken off.

2163. The Confidence Requisite for Successful Prayer.—(a) Confidence must exclude doubt or distrust in reference to God or prayer itself: “How shall they call on Him whom they have not believed?” (Rom., X. 14); “Let not that man (that wavereth) think that he shall receive anything of the Lord” (James, i. 6, 7).

(b) Confidence does not exclude doubt about one’s own dispositions (“It is not for our justice that we present our prayers before Thee, but for the multitude of Thy tender mercies”); on the contrary, the prayer of the Pharisee was not heard, because he trusted in himself (Luke, xviii. 9). Neither does confidence in prayer mean that one may ask unconditionally for temporal things (see 2161 c).

2164. Intention and Attention.—Attention is the voluntary application of the mind to that which is done, or the consideration or advertence of the mind given to an act. It differs from intention, which is an act, not of the reason, but of the will, consisting in the purpose to perform an act. Prayer requires both intention and attention.

(a) There must be intention, for prayer in its origin is an act of the will and it pertains to religion only because of the devotion by means of which it is elicited. A man who, while reading aloud from a novel, recites the words of a prayer contained in the novel, does not pray, for his intention is pleasure or instruction, not worship. And even one who says or answers prayers attentively during services does not really pray if his motive is not one of religion. (b) There must be attention, for prayer is of its nature an act of the mind (see 2154). A parrot or a phonograph is not said to pray when it repeats the words of the Our Father or Hail Mary.

2165. The Intention Required in Prayer.—(a) An actual intention is had when one either expressly or implicitly wills to offer a prayer, as when one says internally; “I will now say a prayer,” or when without such express act one deliberately performs that which is a prayer, making internal acts of faith, reciting the Rosary, reading from a prayer-book, etc. This kind of intention is necessary at the beginning of prayer, and is the best that may be had during the course of prayer.

(b) A virtual intention is had when one is occupied in prayer on account of an actual intention previously formed and not retracted, but here and now, on account of human weakness, one is thinking of indifferent things impertinent to the prayer and its purpose. This kind of intention continues unless withdrawn directly by contrary intention or indirectly by the performance of acts inconsistent with prayer. Virtual intention suffices during the course of prayer, for a continuous and uninterrupted actual intention is humanly impossible. The more the mind struggles to keep the thought fixed on one object alone, the more do other thoughts arise to distract, as experience proves.

(c) An habitual intention is had when one is occupied in prayer, not on account of any actual intention previously formed, but on account of a propensity or inclination resulting from previous acts. This is not properly an intention and it does not suffice for prayer, since with it the acts performed do not proceed actually or virtually from any determination of the will. Thus, a person who is asleep or intoxicated is not said to pray when he mechanically repeats well-known words of prayer, for his will has no part in those words, any more than the will of the somnambulist has part in the dangerous walks he takes.

2166. The Attention in Prayer.—(a) By reason of its object, attention is external or internal, according as the mind is taken up only with the externals of prayer (i.e., the exclusion of external acts inconsistent with prayer and the proper bodily posture) or with the things internal to prayer (i.e., the words, sense and purpose of the prayer). Internal attention is called verbal or superficial when it is directed only to the words, as when a person who does not understand the meaning of a prayer says it carefully so as not to mispronounce the words; it is literal, when it is directed only to the sense, as when a person who says a very obscure prayer pays close attention so as to follow its meaning; it is spiritual, when it is directed to the purpose of prayer (i.e., the worship of God by an act of religion), or to the objects of prayer (i.e., eternal salvation or the means thereto, such as grace and the virtues, the mysteries of religion, etc.).

(b) By reason of its subject, attention is either perfect or imperfect. Perfect attention excludes every distracting thought, even such as are involuntary; imperfect attention excludes voluntary but not involuntary distractions.

2167. Acts that Exclude External Attention.—What external actions are inconsistent with external prayer and exclusive of external attention?

(a) Those acts exclude external attention which either from their nature (on account of the great mental application they demand) or from the weakness of a person’s mind (for it is not everyone who can like Julius Caesar think on several things at the same time) make it impossible to have recollection in prayer when those acts are being performed. Acts of this kind are reading about other matters, painting, writing, carrying on conversation with those around, boisterous laughing, etc. But if the one who prays engages in these acts inadvertently (e.g., if a person reciting the Breviary does not notice that he is giving considerable attention to an inscription or advertisement on an adjacent wall), the distraction is merely involuntary and inculpable.

(b) Those acts do not exclude external attention that either not at all or only in slight measure interfere with internal recollection in prayer. Such acts are slow walking, riding, looking about at the scenery, picking a flower now and then, dressing, undressing, bathing, combing the hair, etc, The Church prescribes certain prayers to be said while the priest vests for Mass, and it was an old rule among the monks to join labor and prayer.

2168. When External Attention Is Sufficient.—Is external attention sufficient in prayer when internal attention is voluntarily excluded?

(a) In public prayers external attention is sufficient as to a number of effects. Thus, in the administration of the Sacraments the want of internal attention in the minister does not make the Sacrament invalid, since the Sacraments produce grace _ex opere operato_; in public suffrages the indevotion and distraction of the priest do not deprive the beneficiary of the impetratory fruit, since the public prayers are offered in the name of the Church itself; in the Divine Office merely external attention suffices to fulfill the positive obligation, according to many, because it is not certain that the Church requires more.

(b) In all prayers mere external attention is insufficient for the personal effects of impetration, merit and satisfaction. For to pray with willful indevotion is not an act deserving of remission, reward and a favorable answer, but rather of punishment (“Before prayer prepare thy soul and be not as a man that tempteth God,” Eeclus., xviii. 23); it is disrespectful to God and therefore cannot claim the benefits of an act of worship.

2169. The Kind of Internal Attention Required in Prayer.—(a) The minimum that suffices for the personal benefits of merit and impetration is the verbal or the literal attention, and the imperfect attention that is mixed with some unwilled distractions or mind wanderings. Indeed, a person who intends to pray well, but whose whole prayer is a continual distraction in spite of his efforts to be recollected, does not lose, but rather by reason of his good will and effort increases, his merit. But for spiritual refreshment there must be freedom from distraction; for, just as a student gets no mental nourishment from a lesson if his mind is many miles away, and a listener gets no instruction from a discourse spoken in a foreign language (I Cor., xiv. 4), so one who prays with an absent mind loses the devotion and joy that are afforded by actual communion with heavenly thoughts.

(b) The maximum that should be aimed at in prayer for the greater blessing it brings is the spiritual attention fixed on the presence of God and the perfect attention that keeps away as far as possible the interruption from any vain, perverse or extraneous thoughts.

2170. Distractions.—Just as certain external acts exclude external attention, so also certain internal states exclude internal attention. These latter are known as distractions, and may be defined as internal acts or omissions opposed to the nature or purpose of prayer, but performed during prayer.

(a) Distractions are either acts or omissions. Thus, a person who slumbers lightly or is partly asleep during prayer is inattentive or wanting by omission; while the person who thinks out plots for stories or plays during prayer time is distracted or wanting by commission.

(b) Distractions are sometimes opposed to the nature of prayer. To the nature of vocal prayer belong the words and the sense, and hence, even though one is rapt in meditation, there is no vocal prayer if words are mispronounced or left out or so changed or transposed as to make nonsense or no sense, though negligence about a word here and there does not necessarily exclude superficial attention. Those who from long familiarity with forms of prayer are able to repeat them automatically, with no thought about the words or their meaning, direct or mystical, are not distracted if their thoughts are on the motive of prayer. But it would not be fitting to observe no order in these matters, for example, to dwell always on the glorious mysteries during passiontide prayer and on the sorrowful mysteries during paschal prayers.

(c) Distractions are sometimes opposed to the purpose of prayer. The purpose of prayer itself is the union of the mind with God, while the purpose of the one who prays is the special good to which he directs his prayer. Union with God is necessary above all in prayer, and though it need not be expressly thought on, as was said above (2169), yet there must be no thought in the mind contrary to it. Thoughts, desires and imaginations are contrary to the end of prayer when they are not means to that end (e.g., sinful thoughts, idle thoughts, thoughts on lawful occupations or affections that have nothing to do with the prayer), or when they are means to that end but are perverted to a purely natural use (e.g., when verbal attention is made an exercise in voice culture, or literal attention a grammatical study, or attention to the purpose of prayer means that one is speculating on foolish questions about divinity or thinking on the money, food, or clothing, for which one is praying as if they were the ends of prayer). Scrupulous persons make attention itself a distraction, for they worry all during prayer lest their thoughts be wandering, and so they are thinking about themselves rather than about the words, meaning or purpose of prayer.

(d) Distractions occur during prayer. Hence, an interruption is not a distraction, as when one who is praying is called to attend to some business or leaves off prayer for the moment to make a note of some important thought that came to mind. Neither is the breaking off of prayer a distraction, as when one starts to pray but feels so distracted or unwell as to give over for the time being the attempt to pray.

2171. Voluntary and Involuntary Distractions.—(a) Voluntary distractions result in the first place from purpose, as when one who is praying deliberately dozes at intervals when he feels drowsy, or deliberately turns over in his mind the points of an address he intends to give; they result in the second place from negligence, as when the person who is praying does not expressly wish to be inattentive, but hurries through his words with no pains to keep his thoughts on what he is doing or why he is doing it. Those who rarely speak or read about divine things, but give themselves much to foolish reading or talk, prepare for themselves many distractions, unless they counteract this by special aids to recollection, such as pictures or prayer books.

(b) Involuntary distractions are those that result neither from purpose nor from carelessness, but from human weakness. Thus, a person who is troubled with scruples or with a severe headache or nervous strain, who is worn out bodily or much worried mentally, or who is surrounded by noise or disturbance, is often physically unable to concentrate his mind for any length of time, no matter how much he may desire to do so. Indeed, St. Thomas says that it is hardly possible for anyone to say an Our Father without some distraction, and many persons are distracted against their will by every slight sound or movement that falls under their notice.

2772. Sinfulness of Distraction in Prayer.—(a) Involuntary distractions are not sinful, since one is not bound to the impossible. Hence, a penitent who has nothing except these distractions to confess may not be absolved, since there is no matter for absolution in his confession.

(b) Voluntary distractions are sinful, since, though one is free to address God at any time, one is bound to do this in a respectful manner and in spirit and in truth, as God requires. Communion with God is by means of the mind, and it is disrespectful to turn the mind away to other things when the communion has been sought. Besides, lip service is displeasing to God, just as burnt offerings were not acceptable when made without love. But the sin is of its nature only venial; for the intention to pray, together with the essential moral goodness of the act, is retained, and the defect consists in the circumstance that the intention is executed remissly (see 78).

2173. When is voluntary distraction a grave and when a venial sin? (a) It is a venial sin when one says a non-obligatory prayer, even with the express will to be inattentive, and also when one says an obligatory prayer (such as the Divine Office) with distractions due to carelessness, but without abandonment of the intention to pray. (b) It is a mortal sin when one indulges in distractions from contempt, and also when one says an obligatory prayer with distractions that last during a notable part of the prayer and that are deliberately entertained.

2174. Distractions during Divine Office are the absence of the attention which the Church requires under grave sin for satisfaction of the canonical obligation. There are two opinions about the kind of distractions that make recitation insufficient and gravely sinful.

(a) According to the older opinion, internal attention is required, but it seems that generally those who maintain this view do not hold that internal distractions alone deprive the Office of its sufficiency. Thus, they state that one who has had voluntary distractions may consider that he has fulfilled his duty, unless he is certain that he also adverted to his state of distraction and did nothing to end it.

(b) According to the opinion of many modern authors, external attention suffices. Hence, in this view mortal sin is incurred by notable defect in external, but not in internal attention.

2175. The External Acts of Religion.—We proceed now to those acts of religion which are performed in an outward manner. But it should be noted that just as devotion and prayer find external expression (as in vocal prayer), so the external acts of religion should proceed from internal devotion. The outward religious acts may be classified under three groups: (a) the acts in which one offers one’s body as a mark of veneration to God (adoration); (b) the acts in which one offers external goods, whether given (sacrifices, offerings, first-fruits, tithes) or promised (vows); (c) the acts in which one makes use of divine things to honor God (Sacraments, oaths, adjuration, praises).

2176. Definition of Adoration.—Adoration or worship is honor shown to God through bodily acts offered in acknowledgment of His supreme excellence and of our dependence on Him.

(a) Thus, it is acknowledgment of dependence on God, and as such it differs from mere honor, which may be shown even to an equal.

(b) It is an acknowledgment of supreme excellence, and so it differs from veneration shown to creatures who are above us. Adoration (_latria_), therefore, is not the same thing as the sacred cult or veneration shown the Blessed Virgin (_hyperdulia_) and the Saints (_dulia_) on account of their supernatural grace and glory; much less is it the same thing as the civil cult shown to persons illustrious for natural qualities, such as acquired knowledge, political dignity or power, etc.: “The Lord thy God shalt thou adore and Him only shalt thou serve” (Matt, iv. 10).

2177. Unity and Variety of Adoration.—Adoration is but one, though it has various expressions. (a) The unity of adoration depends on the unity of its object. There is but one God to whom belong the various divine attributes, and the three Divine Persons share the same majesty. Hence, there is but one adoration. (b) The variety in adoration is in the expression. The higher expression of adoration is internal: it does not depend on bodily acts or places, and it is offered by Angels as well as by man. The lower expression of adoration is made through bodily acts, such as genuflections, prostrations, prayer with face to the east, and the use of sacred places for worship, all of which externals are employed as aids to devotion and symbols of the divine glory (Matt., xviii, 20; Luke, xix. 46). Some of the actions here mentioned are sometimes used in the religious or civil cult shown to creatures, but internal adoration belongs to God alone.

2178. Definition of Sacrifice.—Sacrifice is the offering to God and a real changing of a sensible thing, made by a lawful minister, in acknowledgment of God’s supreme dominion and of our subjection to Him.

(a) It is an offering or oblation; that is, one makes a gift directly to God Himself. Thus, sacrifice differs from contributions of the people made for the clergy or the church.

(b) It offers a sensible thing, that is, some object perceptible by the senses or hidden under sensible species; for sacrifice is an outward sign of the inner offering, by which the soul itself is subjected to God.

(c) It is made by a lawful minister, for sacrifice is a public act performed in the name of the community, and hence it may be offered only by those who represent the community. St. Paul declares that a high-priest is chosen from men to offer sacrifice, and that no one may take the honor to himself unless he is called as Aaron was (Heb., v. 4).

(d) It is made to God alone, since God alone is our First Beginning and Last End: “He who sacrifices to other gods besides the Lord shall be put to death” (Exod., xxii. 20). Mass in honor of the Blessed Virgin or the Saints means that sacrifice is offered God in thanksgiving for their merits or in petition that we may imitate their virtues. Oblations may be made to men, but sacrifice may be offered only to God.

(e) It is through a real change of the thing offered, which thus becomes the victim of sacrifice; for the supreme act of worship reserved to God acts upon the substance itself of an external thing to signify that the worshipper offers his own being to God. The change in the thing sacrificed consists in its being made sacred, or set apart as the central object in the supreme act of worship.

(f) It is made in acknowledgment of God’s supreme dominion and of our subjection to Him; that is, it is an act whose direct and proper end is the exercise of the virtue of religion. Thus, sacrifice differs from acts of self-sacrifice such as continence, abstinence, martyrdom, even when they are offered in honor of God, for the direct and proper end of these acts is some other virtue than that of religion. The act of sacrifice may have no purpose except worship, but other virtuous acts have their own ends to make them praiseworthy, even when they are used as acts of worship.

2179. The Essentials of Sacrifice.—(a) The outward sign may be said to consist of matter and form. The matter is some sensible thing used as victim, whether it be inanimate (e.g., the bread and wine of Melchisedech), or animate (e.g., the paschal lamb), or human (e.g., Our Lord in His passion). The form is some sensible action that makes the victim sacred by dedicating it to sacrificial oblation (e.g., the breaking of bread, the libation of wine, the offering of the slain lamb, the voluntary and visible acceptance of death by Our Lord). In the Mass Christ is sacrificed, not as existing under His own appearances, but as present under the sacramental species and offered through His representatives; and hence in the Mass the Victim is sensible by means of the species that signify and contain Him, while the dedication by the Supreme Priest is made sensible through the words of the ministering priest who acts for Christ.

(b) The inner thing that is signified in sacrifice is primarily the offering of self to God, in recognition that from Him we have our being and in Him is our happiness. But secondarily it signifies the fruits we derive from union with God (e.g., the benefits of redemption and salvation). Thus, the sacrificial death of Christ is also a symbol of man’s death to sin and life in God (I Peter, iv. 1).

2180. The Obligation of Sacrifice.—(a) The internal or spiritual sacrifice is obligatory for all, since all are bound to offer God devotion of will, communion of mind, recognition of His supremacy. (b) The external sacrifice improperly so called, which consists in the practice of works of virtue, is obligatory for all in so far as commanded acts are concerned, but not when virtuous deeds are of supererogation. (c) The external sacrifice properly so called, which consists in an outward sign indicative of internal worship of God, is by natural law necessary, for reason itself shows to man that he is an inferior and dependent being, and so should acknowledge the superiority of God and his own submission by acts suitable to his nature as a being composed of body and soul, and for whom sensible things are signs of spiritual truths.

2181. Exemptions Based on the Natural Law.—Though the external sacrifice strictly so called is obligatory from natural law, it is not a primary precept of nature, nor does nature determine its details.

(a) Hence, the fact of the obligation may be unknown to an individual, since (though reason indicates it) it is not evident and rests upon a number of premises from which it has to be reasoned out. Unlike the duty of honoring parents, which is immediately inferred from natural principles, the duty of offering sacrifice is only remotely inferred, and hence admits of invincible ignorance (see 320).

(b) The manner of fulfilling the obligation, since not defined by natural law, has to be determined by positive laws, or, in the absence of these, by suitability to the circumstances in which one lives. Before the positive divine law was given, there was no obligatory rite for sacrifice and the oblation was not entrusted to any special body of men, and hence we read that in the times of the patriarchs there was great freedom as to the ceremonies and the ministry employed in sacrifice. But under the Mosaic Law the manner of sacrificing was minutely prescribed and its office entrusted to the sons of Aaron, even to the exclusion of monarchs; while under the law of Christ there is but the one sacrifice of the Cross perpetuated in the Mass in an unbloody manner, and the ministers who have power to offer sacrifice are only the bishops and priests.

2182. Is Sacrifice Superior to All the Other Acts of Religion?—(a) Sacrifice is not superior to the internal act of religion, for devotion or the internal sacrifice is the soul that animates and moves the external rites (see 2149): “The multitude offered victims and praises and holocausts with a devout mind” (II Par., xxix. 31); “Obedience is better than sacrifice” (I Kings, xv. 22).

(b) Sacrifice is preeminent among the external acts of religion. Some acts of religion are optional (e.g., vows, oaths, adjurations), but sacrifice is a natural obligation. Some acts of religion are obligatory, but marks of respect similar to them may also be shown to creatures (e.g., customary offerings, praises), whereas no kind of sacrifice may be offered to a creature. Some acts of religion are reserved to God, but they have no rite that is peculiar to the worship of God and that may not be exercised by all (e.g., acts of adoration), whereas sacrifice has a service reserved to God and which only priests can perform. Sacraments are primarily for the welfare of man; sacrifice is primarily for the honor of God. Non-sacrificial acts of religion may be performed in the name of an individual (e.g., adoration), whereas sacrifice is in the name of the community; other acts of religion may signify dependence on God for temporal and corporal things (e.g., offering of first-fruits), but sacrifice signifies the dependence of the soul itself on God for existence and beatitude.

2183. Offerings.—Offerings are gifts made immediately to God, to be employed without change for divine worship or for the needs of the ministers of divine worship, the purpose being to worship God by the tribute paid.

(a) Thus, offerings are gifts; that is, they are offered to God without the compulsion of any law, or at least without any determination by law of the amount to be given. Natural reason teaches man that he should bestow something from his goods in this manner as a thank offering for the divine bounty, when there are representatives of God to whom the gift may be given. The gift should be a free-will offering (Exod., xxv, 2), unless there are special circumstances that render it a debt, such as contract, promise, custom, or the need of the ministers of the Church.

(b) They are made immediately to God Himself, and so they differ from tithes or other dues that are paid to the clergy for their support.

(c) They are not changed at all in the act of worship (e.g., an offering of sacred vessels or altar furnishings), or at least they are not changed into the sacred condition of a sacrificial victim (e.g., offerings of candles, incense, etc., that are consumed during Mass). Thus, simple oblation differs from sacrificial oblation.

(d) They are devoted to the service of God, since they are gifts made to Him. Hence, they are used in divine worship and, if consecrated (e.g., chalices, vestments), may not be used for other purposes; or they are used for the needs of the ministers of divine worship or of the poor, since those who serve the altar should live by the altar (I Cor., ix. 14), and Our Lord shared His purse with the poor (Matt., xxvi. 9, 11).

(e) They are given as a mark of honor to God, especially in recognition of favors received from Him. Thus, in the Old Law the people were obliged to give the first-fruits of their fields and crops to God, in thanksgiving for the gift of the promised land and of its fruits (Deut., xxvi. 10).

2184. Goods Unsuitable as Offerings to God.—There are certain goods, however, that should not be used as offerings to God.

(a) Thus, those goods that are forbidden by positive law may not be offered to God. In the Old Law certain animals could not be offered to God, either because they were legally unclean (e.g., dogs were associated with pagan rites and were regarded as symbols of rapacity), or because they were of inferior quality (e.g., a blind or lame sheep or other animal worthless to its owner).

(b) Those goods that the offerer has no right to give away or that are unsuitable on account of circumstances may never be given as offerings to God. Thus, one may not make an offering to God of money that belongs to another (Ecclus., xxxiv. 21); a son may not give as a gift to God the money he should spend on his needy parents (Matt., xv. 3-6). Neither may one offer corrupted wine for the Mass, nor the wages of prostitution to the church if there will be scandal, nor gifts that are mean and contemptible, etc.

2185. Contributions.—Contributions to the support of the clergy and church causes are neither sacrifices nor offerings in the strict sense of these words, since they are given not directly to God but to the ministers of God. The manner of making contributions to the Church has varied with time.

(a) Thus, in the first ages of the Church clerics having the care of souls were supported by the voluntary gifts of the people. These gifts were made especially during Mass. Bread and wine and other things necessary for divine worship and the support of the clergy were brought at the Offertory (the origin of the present Offertory collection), while food for the agapae or for the poor was presented for a blessing towards the end of the Canon, or before Mass.

(b) After peace had been given to the Church and the number of the faithful and of the clergy had greatly increased, it was found necessary to devise means for a more regular and certain supply of income. As early as the sixth century the ancient customs of first-fruits and tithes were made the subjects of conciliar enactments and imposed as specific taxes on crops or revenues. A more permanent system of church support was that of endowments or benefices which, owing to the increasing difficulties of older methods, sprang up about the sixth century and became universal in the eleventh. Fees in connection with the administration of sacred rites and stipends for Masses were in use in the seventh century.

(c) Today the system of benefices is the rule, while first-fruits and tithes are rare, though recognized by Canon Law. In some countries where benefices have been confiscated, part compensation is made in the form of pensions; in other countries (e.g., in the United States) the free-will offerings of the faithful is the usual system.

2186. Obligation of Contributing to the Support of the Clergy.—(a) Natural Law.—Those who serve the common welfare, whether in spiritual or in temporal matters, should be supported by those whom they serve; for, as their time and labor is given to others, it is a duty of justice that these latter make a return for the benefits received. Hence, just as citizens are naturally bound to contribute to public officials, so are the faithful naturally bound to contribute according to their means to the ministers of religion.

(b) Divine Law.—Our Lord commanded His disciples to depend for their maintenance on those to whom they preached (“For the laborer is worthy of his meat,” Matt., x. 10); and hence St. Paul says (I Cor., ix. 13, 14): “They who work in the holy place eat the things that are of the holy place, and they that serve the altar partake with the altar. So also the Lord ordained that they who preach the Gospel should live by the Gospel.”

(c) Church Law.—The Canons reaffirm what is of natural and divine law, namely, that the faithful are obliged to support the clergy (Canon 1496); and as to the manner of making contributions they sanction local customs, such as parish payments (Canon 463) and tithes and first-fruits (Canon 1502), command the payment of _cathedraticum_ (Canon 1504), etc.

2187. The Church, the Apostolic See, individual churches and moral persons of ecclesiastical law have the right to the temporal means requisite for their mission; and hence the faithful have the duty to contribute to necessary church causes, such as divine worship, the spread of the Gospel, and charity (Canons 1495 sqq.).

2188. Quality of the Obligation of Contributing to the Church.—(a) The obligation is one of justice as well as of religion, for there is a quasi-contract between the faithful on the one side and the Church and its ministers on the other side, the latter being obliged to give spiritual ministries and benefits, the former to supply the temporal sustenance and means. Hence, St. Paul compares the salaries given to the clergy to the wages or fruits paid to the laborer. It is not strange that those who sow spiritual things for others, should reap from the temporal things of the latter: for a soldier does not serve at his own expense; a planter, a shepherd, a plowman, and a thresher expect a share from their labors; indeed, even the animal that serves man is worth its keep (cfr. I Cor., ix. 4 sqq.).

(b) The obligation is grave, because it arises both from justice and from religion (see 1748, 2148). He who refuses to contribute to the Church evades payment for services given him and also denies to divine worship his share of support.

2189. Attitude Towards Persons Refusing to Contribute.—The duties of the priest towards those who refuse to contribute their share to the support of the Church may be defined as follows:

(a) as to absolution, it should not be denied unless there is certainty that the penitent is in grave sin. Hence, according to Kenrick and the common opinion, unless there is a law fixing a tax or the delinquent church member is inflicting severe privation on the church or heavy burdens on others who have to contribute more than their share, the confessor should not enjoin payment under pain of denial of absolution. Apart from these cases, the Church, for the sake of souls, does not insist upon her right, as we see in the dealings of St. Paul with the Corinthians who neglected to give towards his support. The Apostle did not correct these men, although he would have done so had he considered them guilty of mortal sin;

(b) as to restitution, it seems it should not be insisted on. One who has guiltily refused to pay his church dues has offended justice, it is true, but the Church is concerned more with spiritual than with temporal things, and rather than place an obstacle to the conversion of a sinner or occasion scandal to the weak, she prefers to forego what is really her due (see 1487);

(c) as to administration of the Sacraments or sacramentals, it should not be denied to those who are unable or unwilling to pay the customary fees. The recipient of the rites disgraces himself by unwillingness to do what others do, but religion itself would be degraded if the rites were refused for reasons of money.

2190. Those to Whom Religious Contributions Are Due.—(a) The entire Church should contribute to the support of the Pope, the Pastor of the whole flock of Christ, who is charged with the welfare of all. In the Old Law the Levites themselves were obliged to pay tithes to the high-priest (Num, xviii. 26 sqq.); but the amount to be given to Peter’s Pence is left to the generosity and religious devotion of the contributors. (b) Each individual church or body in the Church should contribute to its own bishop or superior a just amount for necessary uses, as determined by law or lawful custom.

2191. Vows.—A vow is a promise made to God to perform that which is better.

(a) It is a promise, that is, an agreement by which one binds oneself under obligation to another to do or omit something (Eccles., v. 3, 4), Thus, a vow differs from deliberation about doing good or the purpose to do it, for it includes in addition to deliberation and purpose the decree of the reason which places one under the moral necessity of performing one’s promise. Thus, persons who make good resolutions or who promise themselves that they will carry out certain good courses (e.g., a drunkard who takes the pledge to abstain from intoxicants) do not sin against a vow when they break their resolutions. Even a promise or resolution made under oath is not necessarily a vow; and hence one who swears to observe chastity may be freed from the obligation by an ecclesiastical superior who has not the power of dispensing from a vow of chastity (see 2234, 2262).

(b) A vow is a promise made to God; that is, the person who takes the vow intends to honor God and to bind himself to God. A vow may be made in honor of the Blessed Virgin or other Saint, in the sense that one vows to God what one promises to the Saint, or that one calls on the Saint to witness or to assist the vow, or that one offers the vow principally to God and secondarily to the Saint. Hence, if one were to make a promise to a Saint (e.g., if a girl promises perpetual virginity to the Blessed Virgin) with no thought about God or no thought of obliging oneself before God, the act would be a promise pertaining to the virtue of veneration (_dulia_), but it would not be an act of religion or a vow. Promises made to living persons even under solemn circumstances (e.g., a death-bed promise made to a dying mother) are sacred, but they have not the nature of a vow.

(c) A vow is a promise to perform that which is better; that is, since a vow is a free promise made to God, to whom only good is pleasing and to whom the lesser good is less pleasing, a vow does not promise God what is evil or entirely indifferent or less pleasing. It would dishonor a human being to promise him something offensive, it would not honor him to promise something vain or useless, it would not show him special honor to promise to do something less agreeable to him. Hence, it would be irreligious to take a vow to steal, or to count one’s steps, or to prefer marriage itself to celibacy. Certain solemn promises are called vows (e.g., the vows of Baptism, the marriage vows), but they are not vows in the strict sense as here understood, for they do not promise that which is better, the promisors having no intention to place on themselves the obligation of religion.

2192. The Various Kinds of Vows.—(a) By reason of its object, a vow is either personal (i.e., the promise of some act or omission, such as a fast or the avoidance of an occasion of sin), real (i.e., the promise of some payment or object, such as an alms), or mixed (i.e., the promise of some action and some object, such as pilgrimage to a shrine with an offering).

(b) By reason of its subject, a vow is either singular (i.e., made by a physical person) or common (i.e., made by a moral person or community).

(c) By reason of its duration, a vow is either temporary (e.g., a vow taken for one year) or perpetual (i.e., a vow taken for life).

(d) By reason of its manner, a vow is either absolute (e.g., an unconditional vow of chastity) or conditional (e.g., a vow to go on pilgrimage, if one recovers one’s health; a vow to enter religion, if parents consent). A conditional vow is either non-penal, as in the example just given, or penal, in which the promise is that one shall undergo a penalty if fault is committed (e.g., a vow to say the Rosary every time one uses profane language, to fast every time one becomes intoxicated, to give alms every time one is dishonest).

(e) By reason of its form a vow is either express (i.e., externally manifested by words or other signs) or tacit (i.e., externally assumed by reason of some office to which it is annexed, as when one takes the subdiaconate in the Latin Church, to which is attached the duty of celibacy. (It must be noted, however, that some authors consider celibacy arising from the subdiaconate as a duty arising from ecclesiastical law and not from a vow.) The express vow in turn is explicit (i.e., manifested by signs that immediately express the vow, as when the vower mentions poverty and chastity) or implicit (i.e., manifested by signs that express another vow which includes the implicit vow, as when the vower mentions only obedience according to the rule, but the rule includes the other two vows of poverty and chastity). An explicit vow is either determinate (i.e., one in which the thing promised is definitely indicated, as when one vows a pilgrimage) or disjunctive (i.e., one in which the vower promises to perform at his will one or more out of a number of things indicated, as when he vows either to make a pilgrimage or to perform a fast).

(f) By reason of its position before the Church, a vow is either private (i.e., one made without the intervention or acceptance of the Church, as when a person in danger of shipwreck makes a vow for his safety) or public (i.e., one made before the Church and accepted in its name by an ecclesiastical superior, as in the essential vows made in approved Orders or Congregations). The public vow is either simple or solemn, according as the Church has determined for different religious institutes.

2193. Vows in Canon Law.—The canonical dispositions in reference to vows in general will be found in Canons 1307-1315, while religious vows are treated in the section on religious (Canons 492 sqq.), and the effects of vows on matrimony are declared in Canons 1072, 1073, 1058. A fuller treatment of the canonical aspects of vows than can be given here will be found in commentaries on these parts of the Code.

2194. Distinction between Solemn and Simple Vows.—Is the distinction between a solemn and a simple vow one of divine or one of ecclesiastical law?

(a) As to accidental solemnity (i.e., the conditions of time, place, age, fitness, rubrics, etc.), the solemn vow depends on the Church, for there is no doubt that the Church has the right to determine these matters as circumstances may require. Hence, the Church may appoint conditions for the validity of a solemn vow, and she may also change these conditions as she sees fit.

(b) As to the essential solemnity (i.e., the internal characteristic that distinguishes the solemn from other vows), the solemn vow depends, not on the law of the Church, but on the divine law, since, unlike other vows, it is not a mere promise of acts, but an irrevocable giving over to God of one’s person itself and an internal spiritual consecration or espousals accepted by the Church. This is denied, however, by some authorities, who place the difference between the solemn and the simple vow in the different juridical effects which they produce in Canon Law, the solemn vow making acts opposed to it invalid and the simple vow rendering opposed acts illicit, but not invalid (see Canon 579). All agree that the Church may for just reasons dispense even in solemn vows.

2195. Knowledge and Deliberation Necessary for Valid Vow.—In the intellect of him who takes a vow there must be such knowledge and deliberation as are required for making an important contract, for he who takes a vow assumes a grave obligation (see 1883). The rule given by many is that the deliberation which suffices for a mortal sin suffices also for a vow, but this does not appear to be exact, since a mortal sin may be committed when there is only a confused perception of the gravity of the sin (see 177).

(a) Thus, a vow is invalidated by substantial ignorance or error (e.g., Titus, thinking his gold watch is brass, vows to give it as an alms; Balbus, thinking that a distant sanctuary is not very far off, vows to make a pilgrimage to it; Claudius, being wrongly informed that his father is sick, makes a vow to go on a pilgrimage for his father’s recovery), but not by ignorance or error that is merely accidental (e.g., Sempronius, thinking that a sanctuary which is four miles away is only three miles distant, vows to go there on pilgrimage, but he would have made the vow, even though he had known the true distance; Caius, intending chiefly to perform an act of religion, and secondarily to visit a friend, vows a pilgrimage to a neighboring town, not being aware that the friend has moved elsewhere). The vows of religion, according to the common opinion, are not invalidated on account of ignorance or error about accidentals, even though the vows would not have been taken had these accidentals been known; for the common good demands that the religious state, like the married state, have stability, and that those who enter it intend to accept all the obligations that go with it.

(b) A vow is invalidated by the absence of full deliberation (e.g., vows made by children who have not the perfect use of reason, by persons who are only half-conscious or who are delirious or laboring under a hysterical delusion or fixed idea, by persons who act on the impulse of the moment without full advertence to the import or force of the vow), but not by the absence of long or studious deliberation (e.g., a vow is valid if one has thought over its meaning and obligation, even though one has done this hurriedly and without reflection on the details and has regretted the vow soon after its pronouncement).

2196. Freedom of Will Necessary for Valid Vow.—In the will of the person who takes a vow there must be freedom of choice, and the absence of such impediments as take away self-determination or consent.

(a) Thus, the natural law itself invalidates a vow made under force or under such fear as takes away the power of giving due deliberation to the vow.

(b) The natural law, according to many, invalidates a vow made under fear that is grave (though not disturbing to the reason), and that is produced unjustly and with a view to coerce one into making the vow. The reason for this opinion is that God cannot accept a promise to Himself caused by injustice, nor can one be held to a promise made under unjust pressure.

(c) The positive law (see Canon 1307, Sec.3) invalidates a vow given under grave and unjust fear. Many canonists interpret this law as meaning that even when the unjust fear is not employed as a means to force one into taking the vow, but does in reality cause one to take the vow, the promise is null in both forums in virtue of Canon Law.

2197. Cases in Which Fear Does Not Invalidate a Vow.—(a) All admit that fear does not invalidate when it proceeds from a natural cause (e.g., vows made during a storm at sea) or an internal cause (e.g., vows made under the influence of fear that one will fall into sin without the protection of the vow); for in these cases one chooses a lesser burden to avoid a greater one, and the thing chosen is involuntary, not simply, but only in a certain respect (see 44).

(b) It is commonly admitted that fear does not invalidate when it proceeds from an external and just cause (e.g., if a guilty person were threatened with the penalties of law unless he vowed not to repeat the offense), since the cause of the vow is then internal rather than external, namely, the guilt of the person who takes the vow and his wish to evade punishment.

2198. Vows of Doubtful Validity.—In the following cases it is disputed whether fear invalidates a vow.

(a) It is disputed whether fear unjustly caused invalidates in the forum of conscience when it is light (e.g., Titia constantly importuned by her parents to enter religion makes a vow to follow their wishes). Some answer in the negative, because a fear that is slight both in itself and in its influence on the vower cannot be considered as the real cause of the vow. Others answer in the affirmative, because light reasons do move persons to take grave steps, and it is not reasonable to think that God will accept a vow brought on by unjust, though light, fear.

(b) It is also disputed whether grave fear unjustly caused invalidates, when the person who causes the fear intends to force the vower, not to the vow, but to something else (e.g., Balbus threatens to kill Caius unless the latter pays a large sum of money, and Caius vows to give the money to religion if he escapes the danger). Some hold for the affirmative and refer to Canon 1307, mentioned above. Others hold for the negative because the vow is taken, not to accommodate the aggressor, but to honor God and benefit self. This is the interpretation given the pre-Code legislation. Still others distinguish, affirming invalidity for the case in which fear is the cause of the vow and denying invalidity for the case when fear is only the occasion of the vow.

2199. The Intention Necessary for a Valid Vow.—As was said in the explanation of the definition, a vow must include a will to bind oneself, that is, the intention to make a vow.

(a) The object of this intention is the obligation itself, not its fulfillment. Hence, he who makes a vow, but intends not to oblige himself, vows invalidly; for he has two contrary intentions and (unless the intention to vow is stronger) the substance of the vow is excluded. On the contrary, he who makes a vow, intending not to fulfill it, vows validly but illicitly, since he really intends to oblige himself, but he sins by his purpose not to keep his vow (see 1883).

(b) The quality of the intention must be such that the character of the vow as a deliberate act and a sincere agreement to obligation will be preserved. Hence, an habitual intention (e.g., Claudius intending to take a vow on the morrow pronounces the words of promise while asleep) does not suffice, because the act made with such an intention is not deliberate or human. Likewise, an external intention (e.g., Balba forced by her parents to enter a convent takes the vows, intending only the external rite) and an indirect intention (e.g., Sempronius, foreseeing that if he drinks certain liquors he will bind himself by vow to a number of things, takes the drinks and makes the vows) are not sufficient, because with them there is no real agreement to obligation. On the other hand, it suffices to have an actual but implicit or tacit intention (e.g., Titus receives subdeaconship intending the obligations annexed to the office, but not knowing that celibacy is a duty vowed by subdeacons), or a virtual intention (e.g., Caius intended to make religious profession, but at the moment of pronouncing the vows he is distracted and gives no attention to the words), for in either case there is a human act and real agreement to obligation (see 2164, 2165).

2200. The Matter of a Vow.—(a) A vow is a free promise, and hence its matter must not be something necessary. (b) A vow is made to God, and hence its matter must not be something that is not pleasing to Him.

2201. Vows that Promise Something Necessary.—(a) If the necessity is absolute, because a certain thing must be or cannot be, a vow is invalid. A vow to die is null, because death is a necessity; a vow to avoid venial sin, deliberate and indeliberate, is null, because it is impossible without a special privilege from God to keep such a vow; a vow that one’s child shall enter religion is also null, because one has no power over that which depends on the will of another. The vows made by communities do not oblige their successors or posterity as vows, but only as laws or customs having the force of law, or as contracts to which agreement is given, etc.

(b) If the necessity is hypothetical, because a certain thing must be done or omitted if one is to observe the natural or positive law, the vow is valid. For though it is necessary to observe a commandment (e.g., to avoid intoxication), it is not necessary to add to the existent obligation the new obligation of religion. The most suitable matter for a vow, however, is something that is of counsel, but not of precept, for example, to practise celibacy.

2202. When Fulfillment of Vow Is Only Partly Possible.—(a) If the vower intended that his promise should be an entire one obliging him to fulfillment of all the items, the vow is invalid, since its fulfillment as intended is impossible. Thus, if one vowed to go on foot to a place of pilgrimage but was unable to accomplish the journey on foot, or vowed to go to Rome and became unable to go the full distance, there would be no obligation.

(b) If the vower intended that his promise should be severable, the difficulty can be settled as follows: he is held to nothing if the matter is severable but the principal part impossible (e.g., if he vowed to go on a pilgrimage and also to go barefooted, he is not bound to go barefooted an equal distance if the pilgrimage becomes impossible). He is held to the part that is possible, if it is really severable and was intended as the principal part of the vow (e.g., if he vowed to go on a pilgrimage and to go barefooted, but is unable to go barefooted).

(c) If the intention of the vow-maker is uncertain, it seems he is held to perform what is possible (e.g., if one has vowed to pay for the erection of a church but becomes unable to pay for more than a part of the expense); but if there is a good reason to presume that he intended an entire vow, or a severable vow whose chief part has become impossible, one may decide the doubt in the sense of that presumption (cfr. 465).

2203. Vows that Promise Something Displeasing to God.—(a) Vows that promise what is always evil (e.g., to steal) are invalid and, on account of the irreverence, gravely sinful, at least if the sin promised is mortal. (b) Vows that promise something that may turn out either evil or good (e.g., Jepthe’s vow to immolate the first living being that came before him) are imprudent, and should not be kept as to the part that is sinful.

2204. What should be said of vows that promise something good, but that have an evil end or other evil circumstances?

(a) The vow is invalid and illicit if the evil circumstance affects the thing promised itself, so that the fulfillment of the vow must be sinful, for example, when one promises to give an alms in order to seduce the recipient into sin or to build a church in order to gratify pride or spite. Similarly, invalid and illicit are vows made to obtain something evil (e.g., the vow of an alms in order to obtain success in a robbery) or to render thanksgiving for success in evil already done (e.g., the vow to give God half the booty taken in robbery); for such vows can not be fulfilled without the implicit protestation that God is the author of sin.

(b) The vow is valid but illicit if the evil circumstance affects only the act of vowing; for the thing promised is good and is to be performed properly, but the disposition of the vower is not free from sin as he makes his promise. It should be noted, however, that the evil circumstance does not always deprive the act of vowing of substantial goodness (see 78). Thus, if one vows to build a church and the sole motive for making the vow is the applause one will receive, the vow is substantially illicit; but if vainglory is only a secondary motive, the vow is substantially licit.

(c) The vow is valid and licit if the evil circumstance affects neither the act promised nor the act of vowing, both of these being good. Thus, it is lawful to vow an alms for every time one yields to a sinful habit. It is also lawful to vow an offering to God if one escapes unhurt from a duel, for such a vow does not ask God to bless the duel but to protect one’s life.

2205. Vows that Promise Something Indifferent.—(a) These vows are invalid if there is no circumstance to make the promise honorable to God (e.g., if one promises to save up a certain percentage of one’s earnings each month). The sin committed by those who vow necessary, impossible or indifferent things, does not seem to exceed venial fault _per se_, for the vow is illicit, not because its matter is evil and displeasing to God, but because it is not good and pleasing to Him. The sin seems to be one of levity rather than of irreverence.

(b) These vows are valid and lawful if there is a circumstance that makes the indifferent subject-matter honorable to God (e.g., if one vows to save up so much each month in order to practise frugality, or to set aside means for some charitable or pious cause).

2206. Meaning of a Better Good.—It is also necessary for validity of a vow that the thing promised be a better good; for this is the will of God, our sanctification (I Thess., iv. 3), and the vow is made to God.

(a) By the better good is not meant that which has no good superior to it, for then one could vow only the most excellent good, which is not true.

(b) By the better good, then, is understood that which is preferable to its contrary good (e.g., virginity is better than marriage), that which is absolutely or objectively preferable to its contradictory (e.g., it is better to give an alms than not to give one, it is better to keep the law of fasting than not to keep it), that which is relatively or subjectively better than its contradictory (e.g., it is better to marry than to commit fornication, or live in concubinage, or give scandal, or leave children illegitimate). Generally, however, it is not advisable to vow matrimony, for, even if the vow is not invalid, it seems to have little advantage. If a person thinks marriage is better for him, let him take the marriage vows or engage to marry the woman of his choice.

2207. Vows Invalidated by Promise of Lesser Good.—(a) The vow to do what is less pleasing to God (e.g., never to make a vow, never to embrace a counsel) is invalid _per se_. There may be cases, however, in which a vow of this kind would be better and therefore valid (e.g., when a person who is prone to making vows is bidden by the confessor to make no other vows without advice).

(b) The vow to do what may easily become less pleasing to God also seems to be invalid. Thus, if one were to make a vow to play no more games in order to give more time to prayer or to avoid temptations, the vow might later be a cause of spiritual harm, for at times it is more pleasing to God to take recreation than to abstain from it.

2208. Case in Which One Has Taken Two Opposite Vows.—(a) If the vows are equally good, or if it is doubtful which is better, the first prevails; the second being impossible does not oblige. (b) If the second is certainly better, it prevails, and the first does not oblige, being impossible. Thus, if one has first vowed to go on a pilgrimage and next to stay at home and attend the sick during an epidemic, the pilgrimage should not stand in the way of the more urgent good of caring for those in distress.

2209. The Obligation of a Vow.—Every valid vow obliges to fulfillment, for it is a promise, and loyalty to promises is a moral duty. Scripture declares that one must pay one’s vows, and that it is better not to vow than to vow and not fulfill (Eccles., v. 4), that God will hold as sin the neglect of a vow (Deut., xxiii. 21), that a faithless promise displeases Him (Eccles., V. 3).

(a) The Quality of the Obligation.—A vow is an act of religion, since it promises to God a tribute of honor, even though the thing promised (e.g., a fast, virginity) does not belong to worship but to some other virtue. Hence, the violation of a vow is a sin against fidelity and also against religion. But it seems that sacrilege is committed only by sins against certain vows, namely, those whose matter is a sacred thing dedicated to God; for example, the violation of the vow to fast would not be sacrilegious, while the violation of a public vow of chastity is a sacrilege. All transgressions of vows, as such, are sins of the same species, namely, sins against religion.

(b) The Quantity of the Obligation.—A vow, as being a duty of religion (see 2146, 2148), obliges under grave sin. But in an individual case the sin committed may be only venial on account of lightness of matter or imperfection of the act.

2210. Gravity of the Obligation of a Vow.—A vow has the nature of a private law, since it is an obligation which the vow-maker voluntarily imposes on himself. But a law obliges under grave sin when the subject-matter itself and the intention of the lawgiver require strict obligation (see 381 sqq.). Hence, gravity of matter in a vow depends on the great importance of the thing vowed and on the will of the vower to assume a grave obligation.

(a) Thus, the thing vowed must be of great importance, either in itself (e.g., chastity) or from its relation to divine worship (e.g., a fast, a communion). One cannot oblige oneself to a grave obligation under a vow whose matter is absolutely and relatively of minor importance (e.g., a daily Hail Mary, an alms of twenty-five cents; see 382).

(b) The intention of the vower must be to bind himself under grave sin. He is free not to oblige himself by vow at all, and hence, should he elect to vow, he may bind himself, even though the matter of the vow is of great importance, either under grave or under light sin (or only to penalty), as he wishes. Exception must be made, however, for public vows taken in religious institutes and for the vow of chastity and celibacy taken in the reception of subdeaconship, for the law of the Church on account of the public good decrees that these vows oblige under grave sin.

2211. Rules for Determining What Is Important Matter in a Vow.—(a) In personal vows, an act of omission may be made the subject of grave obligation, if it may be made the subject of grave precept by the Church (e.g., the hearing of Mass, Confession, Communion, a fast or abstinence, a Rosary).

(b) In real vows, some fix grave matter according to the standards for commutative justice (see 1896 sqq.). But such a rule seems unsuitable. The amounts absolutely and relatively grave in theft are determined by the wealth of the person stolen from, but, since God is owner of all things, we do not see how those amounts could be fixed in reference to Him. On the other hand, the duty of religion obliges more strictly than that of commutative justice, and hence it does not seem that grave matter should be the same for both. In practice, the matter is not grave when it is quite inconsiderable (say less than a dollar), or when the vower intends only a light obligation. If the matter is not inconsiderable and the intent of the vower is uncertain, one may decide as to the obligation of the vow from presumptions based on custom, the circumstances of the vow, or the rule that grave obligation is not to be taken for granted (see 709, 714, 659).

2212. Coalescence of Light into Grave Matter.—(a) If the vower has determined the relation of the items of the vow one to another, coalescence can be judged from his intention. Thus, if the vower intends that the items shall be parts of one whole, there is coalescence (e.g., if he vows to give fifty cents in alms daily and neglects this for a year, there is grave sin); but if he intends the items as separate promises, there is no coalescence (e.g., if he vows to say a Hail Mary every day and neglects this for a year, there are many venial sins). If some of the items have been performed, others omitted, and the omissions coalesce, there is grave sin according to some as soon as a notable quantity is reached, but others believe that there is grave sin only when a notable percentage (say one-third or one-fourth) of the matter vowed has been neglected.

(b) If the vower has not determined the relation between the items of the vow, the presumption as a rule favors coalescence in real vows, non-coalescence in personal vows (as in the examples of a vow to give fifty cents daily and of a vow to say a Hail Mary every day). But there are exceptions, as when one vows to give a small alms every Saturday in honor of the Blessed Virgin, for the chief intention in this case may be to show respect to the Mother of God and not to give a certain amount to the poor.

2213. The Time When a Vow Obliges.—(a) A negative vow (e.g., not to drink certain intoxicants) obliges at once and always (see 371).

(b) An affirmative vow to which the vower has annexed a time for fulfillment obliges at the time determined. If the time was intended as a principal circumstance (e.g., a vow to say the Rosary on the Feast of the Assumption), the vow ceases with that time, even though performance was culpably neglected; but if the time was intended only as a secondary circumstance (e.g., a vow to go to confession next week made by one who needs it badly), the vow continues in force even after the time set has elapsed without fulfillment (see 468 sqq.). Anticipation of fulfillment on account of inability to fulfill at the time appointed in the vow, is not necessary, unless the vow was attached to a certain space and cannot be fulfilled in the latter part of this space; for example, if one has vowed to say the Rosary today and foresees that the whole afternoon will be occupied, one should say the Rosary in the forenoon (see 470, 471).

(c) An affirmative vow for which the vower has fixed no special time should be accomplished as soon as this can be conveniently done, for such is the rule in every absolute promise, and, moreover, no better time for fulfillment can be assigned; “When thou hast made a vow to the Lord thy God, thou shalt not delay to pay it, because the Lord thy God will require it. And if thou delay it shall be imputed to thee for a sin” (Deut., xxiii. 21).

2214. Delay in Fulfilling Vow.—Sin may be committed by delaying to keep a gravely obligatory vow for which no date was set.

(a) There is no sin if the delay is reasonable in view of the subject-matter of the vow (e.g., to put off a Rosary or fast for two or three days, a pilgrimage of 50 miles for a week, a pilgrimage of 1000 miles for several months, etc.) or of the circumstances (e.g., if one has to delay entrance into religion until one has better health or has closed up a business).

(b) There is venial sin if the delay is unreasonable but does not notably diminish what is promised or endanger its fulfillment. Thus, a Rosary, a fast, or a pilgrimage is as good next year as this year, and, apart from danger of forgetting or omitting, no lapse of time seems to constitute a notable delay in respect to such obligations.

(e) There is mortal sin if the delay is unreasonable and notably depreciates what is promised or notably endangers performance of the vow. Thus, to put off the fulfillment of a vow to enter religion lessens the value of the thing promised, if one waits until old age; it imperils the promise, if one remains in the world for several years exposed to the danger of losing vocation. Moralists hold that three or four years would be a considerable delay in reference to a vow to enter religion.

2215. The Person Obliged to Fulfill a Vow.—(a) A personal vow obliges only the vower, because by its nature a vow is a law which one imposes on oneself (see 463, 1696, 188). But vows taken by a city or community may be obligatory on the subjects in virtue of law, and vows taken by ancestors may oblige posterity in virtue of lawful and obligatory custom. (b) A real vow (and a mixed vow as to the part that is real) obliges also the heirs, for this kind of vow is a debt of the vower’s estate (see Canon 1310). The obligation of the heirs is one, not of religion, but of justice, and they are not held beyond the resources of the estate.

2216. The Manner of Fulfilling a Vow.—(a) As to Internal Disposition.—It is not necessary that one have at the time of fulfillment the purpose of fulfillment, provided there is no intention exclusive of that purpose, for the vow binds one only to do what was promised (cfr. 477). Hence, if one has vowed to hear Mass and then hears a Mass out of devotion, not thinking of the vow, one may take this assistance at Mass as a satisfaction of the vow.

(b) As to External Performance.—If a vow is personal, one must perform it personally, for one’s own act was promised, and hence, if personal performance becomes impossible, it is not necessary or valid to use a proxy; if a vow is real, one may use goods given by others, but one is not obliged in case of poverty to seek the goods of another, since one’s own goods were promised.

2217. The Obligation of Certain Kinds of Vows.—(a) Conditional Vow.—The vower is not obliged by the vow unless the condition is fulfilled, and this is probably true even when the condition is equivalently, but not formally, fulfilled (e.g., Titus, who has to support his mother, vows to enter religion as soon as she contracts marriage, but the mother unexpectedly dies and Titus is thus freed of her support). The vower is not guilty of sin against the vow if he prevents the fulfillment of the condition, unless he uses unlawful means. Such means are not employed if one is not obliged to fulfill the condition (e.g., a vow to pay an alms of $10 if one gets drunk), or if non-fulfillment is due to weakness, not to the purpose to defeat the vow (e.g., a vow to pay an alms of $100, if one remains sober for a year, when the vower becomes intoxicated accidentally or through frailty before the year is up), or if non-fulfillment is due to the exercise of one’s right (e.g., a vow to enter religion if one’s parents consent, when the vower in lawful ways persuades his parents not to consent). The vower is guilty of sin against the vow, if he uses unlawful means to prevent the condition’s fulfillment (e.g., if he gets drunk purposely in order to evade the alms promised for sobriety, or if he uses fraud or force to keep his parents from consenting to a vow which he has made dependent on their consent).

(b) Penal Vow.—The vower is not obliged by the vow if the act against which the vow is made is committed by him but is not sinful (e.g., Claudius vowed not to play cards, but on a certain occasion did play after having received a dispensation), or is only materially sinful (e.g., Balbus vowed not to use profane language, but on a certain occasion did use such language inadvertently), or is not sinful against the vow, at least if the penalty is for violation of the vow (e.g., Caius vowed not to quarrel under penalty of an alms for breaking the promise, but on a certain occasion did quarrel, adverting to the sin against charity, but not to the vow), or is venially sinful on account of the imperfection of the act, at least if the penalty is grave. If the vower has not determined the number of times the penalty is to be paid, it seems that it should be paid only after the first fault, if the penalty is grave and one that is not customarily repeated (e.g., a distant pilgrimage, a large alms), but should be repeated after every fault if the penalty is slight and one that is customarily repeated (e.g., a decade of the Rosary, a small alms).

(c) Disjunctive Vow.—The vow is null if one of the objects to be chosen from is evil, vain or impossible (e.g., a vow either to earn or to steal the money for an alms). The vower is held to nothing if before his choice one of the things to be chosen from has become impossible (e.g., Claudius vows to give one or the other of two chalices he owns, but before he makes his choice one of the chalices is stolen), or if after his choice the thing chosen becomes impossible (e.g., Claudius decided to give the larger of two chalices, but before he could give it, it was stolen). The vower is held, however, if one of the things to be chosen from has become impossible before choice through the vower’s own fault (e.g., Claudius’ chalice was stolen before his choice because he had culpably delayed to make a choice), or if the thing not chosen has become impossible after the choice (e.g., Claudius decided to give the large chalice and the small one was stolen afterwards).

(d) Doubtful Vow.—Doubts about the essentials, that is, whether a vow was really made (e.g., whether it was a vow or only a resolution, whether there was the requisite intention or deliberation, whether the vow was invalid on account of fear, etc.), or whether a vow certainly made was fulfilled, must be settled according to the principles for directing a doubtful conscience (see 672 sqq.). Thus, if it is more probable that a vow was made or that a vow was not fulfilled, the decision must be for obligation according to the Probabiliorists; but if there remains a positive doubt whether only a resolution was made, or whether a vow was fulfilled, there is no obligation according to the Probabilists. Doubts about accidentals, that is, whether a vow was of this kind or that (e.g., the circumstances of quality, quantity, number, etc.), must be settled according to reasonable rules of interpretation of the mind of the vower.

2218. General Rules of Interpretation of Doubtful Vows.—(a) Private vows must be interpreted according to the expressed or presumptive intention of the vower, for a vow is a private law, and the vower the lawmaker. (b) Public vows must be interpreted according to the sound doctrine of approved authorities on theology and Canon Law.

2219. Special Rules for Interpreting the Mind of the Vower.—(a) A doubtful vow should be interpreted from internal evidence, that is, from the language of the vow itself and the significance usually attached to the terms used, for the presumption is that the vower meant to express himself in the ordinary speech used for vows. Thus, a vow of “virginity” usually means the same as a vow of “chastity,” and should be so understood unless there is reason for a stricter interpretation. The language of a vow is to be understood in the light of the purpose of the vower (e.g., a vow to give a chalice to a church does not mean a glass chalice, since the Church employs only chalices of precious metal); a vow to hear Mass daily does not mean that one must hear two Masses on Sunday, since the purpose of the vow is to let no day pass without assistance at Mass.

(b) A doubtful vow that cannot be sufficiently construed from internal evidence should be judged from general presumptions, that is, from the custom as regards the vow taken (e.g., one who vows an alms is understood to promise the amount that others in his condition promise), from the custom or law as regards the matter of the vow (e.g., one who vows a perpetual fast is understood to promise a fast on days other than Sundays and holydays, for the church law distinguishes between fast days and feast days), from the rules governing the interpretation of laws (e.g., since things odious are to be of strict interpretation, he who vows to give something may himself determine what he wishes to give, provided it is not ridiculously small), from the conditions that are implied in every vow as to possibility, the rights of others, change in circumstances, etc. (e.g., he who promises to become a religious means that he will do so, if a Religious Order will accept and keep him; he who promises a gift means that he will give without prejudice to the claims of third parties, etc.).

2220. The Advantages of Vows to the Vowers.—(a) A first advantage is that a vow strengthens the will of the vower to do good and avoid evil. This is an important advantage, since human nature is so weak and inconstant and so much in need of helps that will add resolution and perseverance to its efforts. The vow is a promise binding not only in honor but also as a religious duty, and an act that has a special claim on divine assistance and a favorable answer, and hence it is a powerful ally to a virtuous life. True, he who takes a vow is subject to greater sin if he is unfaithful. But there is no good that has not some risk attached to it, and the risk here is due, not to the vow itself, but to the weakness of the will which may use it improperly. The person who thinks only of the dangers of storms will neither sow nor reap (Eccles., xi. 4).

(b) A second advantage is that a vow makes the good done more meritorious and praiseworthy. It adds to the virtue practised (e.g., abstinence) the virtue that directs (viz, divine worship or religion, the most excellent among the moral virtues); it offers God a more perfect subjection, since it presents to Him, not only a single act here and now, but the power itself of the will to do the opposite; it acts from a greater resolution and firmness, a circumstance that gives perfection to virtue. All this should be understood _per se_, or with the qualification “other things being equal”; for if we suppose that a person who has no vow serves God with great charity and fervor, there is no doubt that he is better before God than one who has vows and performs them carelessly and reluctantly.

2221. When a Good Vow May Be Sinful.—A vow good in itself may be sinful or the occasion of sin on account of the dispositions of the vower.

(a) Thus, in taking vows one commits sin if one acts imprudently in not taking into consideration the circumstances. Hence, before making a vow one should consider carefully and consult one’s confessor or director or some other prudent man.

(b) After taking vows one commits sin by regrets, if these regrets include the desire not to comply with obligations (e.g., when one regrets having lived up to a vow in the past or intends not to live up to it in the future, or when one keeps the vow only from human motives and wishes one could violate it), or if they manifest ingratitude towards God (e.g., when one regrets without good reason that one ever took the vow). The sin committed by desire not to comply with obligation is mortal or venial according to the nature of the obligation; the sin of ingratitude is venial. There is no sin at all, it seems, if for a reasonable cause one regrets having made a vow or wishes there were no obligation to perform something of supererogation that one vowed, unless by such wishes one is exposed to temptations and the danger of sinning against the vow.

2222. Merit of Fulfilling a Vow that One Regrets.—If one regrets having made a vow but intends to keep it, is the good work performed better by reason of the vow?

(a) If the intention to keep the vow is prompted by a religious motive (e.g., the desire to please God or the fear to offend Him), the good work is more meritorious than if there were no vow, for it has the double value of an act of religion and of an act of some other virtue, of a good work done and of a vow to do it.

(b) If the intention to keep the vow is prompted by a human motive (e.g., the desire to please some human person or to secure some temporal benefit), the good work is not made more meritorious, but indeed is not meritorious at all, since not done for God’s sake.

2223. Who Can Make a Vow?—Every person living in the state of mortal existence, whether Catholic or non-Catholic, is able to take a vow, unless there is an impediment of natural or positive law.

(a) Natural law excludes vows made by those who are not masters of their own acts or who have not the use of reason; for, since a vow is a law which one knowingly places on oneself, it cannot be made by those who have not the right of disposition over their acts or who do not understand the meaning of the obligation. Hence, religious and other subject persons are restricted as to the right of making vows, while infants and insane persons are utterly incapable of making a vow.

(b) Positive law of the Church has laid down certain conditions for the validity of public vows (e.g., age, performance of the novitiate, etc.), and hence those persons in whom the conditions are not found are incapable of taking these vows. The power of binding and loosing has been given the Church, and the regulations on public vows exercise this power for the benefit of the Church as a whole and of the persons who take vows, As to private vows, it is a matter of dispute whether the Church has the power to appoint conditions for them, since they are internal acts (see 426), but it seems that no such conditions have ever been made.

2224. Twofold Dependence on the Will of Another.—Those who are not masters of their own acts are unable to vow on account of their subjection to or dependence on the will of another. There is a twofold dependence of this kind.

(a) There is a dependence of the will of the subject, as in the case of religious who have vowed obedience to their rule and superiors, and in the case of those who have not attained the age of puberty and who must be guided and ruled by their father or guardian. This dependence means, not that the subject must have the positive consent of the superior for every act, but that he must not will or do anything contrary to the just will of the superior.

(b) There is a dependence of the matter of the vow, when it is subject to the wishes of another person, as happens in the case of those who have obligations to others. Thus, a wife cannot make a vow of chastity without the consent of her husband, otherwise she infringes upon conjugal rights; a servant cannot make a vow to spend in visiting churches time for which he is paid; a son who lives with his parents and is not emancipated cannot vow to give his earnings in alms, for he owes them to his family.

2225. The Validity of Vows Made by Subjects.—(a) If the vow is against the rights of another person, it is invalid without his consent. Thus, if a wife makes a vow of chastity without her husband’s consent, the vow obliges her to ask his consent, but it has no force if he refuses his consent.

(b) If the vow is against the subjection due another, it is invalid if he denies his consent. Thus, if a religious vows an act for which according to his rule permission must be sought, the vow has no actual force until the permission is obtained; if he vows an act that is good in itself, but absolutely forbidden in his rule (e.g., if a novice bound to remain in the cloister vowed to go on a pilgrimage), the vow is null, since it is better to keep the rule.

(c) If the vow is neither against the right of another nor against the subjection due, it seems that the vow is valid without the knowledge and consent of the superior. Thus, if a religious privately vows to do what is commanded in a particular law or rule, or what is counselled by his superiors, or what is good and not forbidden, the vow is valid until annulled by the superior; for, as was said in the previous paragraph, the subject is not bound to have the positive consent of his superior for all acts, and it is supposed now that the thing vowed is not detrimental to the rights of the superior or others.

2226. Cessation of Vows.—Since a vow is a private law, it may cease, just as a law ceases in certain cases (see 500 sqq.). There are, therefore, two ways in which a vow ceases or ceases to oblige.

(a) The vow ceases from within, or from internal causes, when the matter of the vow has so changed as to be detrimental or useless, or the purpose of the vow is no longer served by the vow. For the nature of a vow is that it promotes a better good to the greater glory of God. It is clear also that a temporary vow ceases when the time limit fixed to it has expired, and that a conditional vow ceases if the condition is not fulfilled (e.g., one vows an alms of thanksgiving if one’s mother recovers from sickness, but she dies).

(b) The vow ceases from without, or from external causes, when it is removed or suspended by the authority of God to whom it was made (dispensation) or by the authority of one who has power over the will of the vower or over the matter of the vow (annulment), or even by the authority of the vower himself in so far as belongs to him the right to substitute some equal or better work for the work vowed (commutation).

2227. Public vows do not cease from intrinsic causes, for this would be productive of many disadvantages to religious communities and to those who take vows in them. The chief cases in which private vows cease for internal reasons are as follows:

(a) They cease on a substantial change in the thing promised, for then the subject-matter has become morally different. There is a substantial change if the matter of the vow has become illicit (e.g., Titus vowed an alms to a beggar, but he learns that the beggar will use the alms to become drunk), or if it has become useless (e.g., Claudius vowed not to visit a certain house on account of the bad language used there, but the guilty parties have now moved away), or if it has become an obstacle to a greater good (e.g., Balbus vowed to go on a pilgrimage, but an epidemic has broken out and it is better for him to remain home and care for the sick), or if it has become impossible (e.g., Sempronius vowed to give an alms, but lost his money and cannot afford to keep the promise). Some also think there is a substantial change when circumstances are so different that, had the vower been able to foresee them, he would not have taken the vow.

(b) They cease on the disappearance of the principal reason that induced the vower to make his promise. Thus, if Caius vows a sum of money to an institution solely because it is poor and it becomes wealthy before he has fulfilled his vow, his obligation is at an end (see Canon 1311).

2228. Annulment of Vows.—The annulment of a vow is made in two ways, directly and indirectly. A full treatment of this subject will be found in commentaries on Canons 1312, 499, 88, 89, 675, 501.

(a) Direct annulment is the operation of a person distinct from the vower which, by affecting immediately the vower’s act, recalls the vow and makes it of no force. Hence, this kind of annulment may be exercised by all those who have such private authority over the will of the vower as to be able either to confirm or to cancel his acts. Private authority over the will of another is contained in the paternal power of the father over his children, in the domestic power of the husband over his wife, and in the governing power of a religious superior over his subjects. The paternal power may be exercised to annul the vows of children (at least, of those who have not reached puberty), since these children are incompetent to decide for themselves. The governing power also may annul directly the private vows of professed subjects made after profession, since these subjects have made a quasi-contract of submission in this matter. The domestic power of the husband, according to some, cannot directly annul the post-matrimonial vows of the wife, since the wife is competent to direct herself in these affairs, and has made no engagement of subjection in their regard; but others argue that at least positive law (Num., xxx. 2-17; Eph., v. 24) gives the husband this authority. The paternal power in this matter is had, not only by the father, but also by those who take his place (such as the guardian or the mother); the governing power is had by religious superioresses, by immediate and other regular superiors, by bishops in reference to their non-exempt communities, and by the Pope in reference to all communities.

(b) Indirect annulment is the operation of a person distinct from the vower which, by affecting the matter or object of the vow, suspends the obligation produced by the vow. Hence, this kind of annulment may be exercised by all those who have a right over the matter of the vow, when and as long as the vow is prejudicial to their right. Thus, the Pope may annul a vow of any of the faithful that is detrimental to his rights or the rights of the Church; parents may annul the vows even of their children who have attained puberty, when these vows interfere with family order; religious superiors may annul the vows of novices that are harmful to religious discipline; husbands and wives may annul each other’s vows that trespass on conjugal rights; a master may annul a vow of his servant that keeps the servant from performing work due the master.

2229. Reason Necessary for Annulment of a Vow.—Is a just reason necessary for annulment of a vow? (a) For validity it is not necessary that there be a just reason, since there is always the implicit condition in a vow: “unless the superior or other person whose consent is necessary refuses.” (b) For lawfulness it is necessary that there be a just reason, for it is not lawful to deprive God of honor promised Him, unless one has a good reason to do so (see Canon 1312). But the sin committed by one who annuls or who asks for annulment without sufficient reason does not regularly exceed a venial sin.

2230. Differences between Direct and Indirect Annulment.—(a) Direct annulment extinguishes a vow, since it affects the act of vowing itself, and hence, if a father annuls the vow of his son who has not reached the age of fourteen, the vow ceases entirely. Indirect annulment, on the contrary, only suspends a vow, since it affects only the matter of the vow and this matter may be withdrawn from the power of him who annuls. Thus, if a master annulled the vow of his cook to hear Mass daily, the vow would revive when the cook took service elsewhere.

(b) He who has power to annul directly may exercise the power even though he granted permission for the vow, or promised not to annul it, or gave his approval to it; for he retains his power over his subject and may change his own decision. But he who has only indirect power of annulment more probably may not annul once he has given his permission or ratification to a vow; for his power is only over the matter of the vow, and this, after he has consented to its dedication to God, is no longer under his control.

2231. Dispensation.—A dispensation is the relaxation of a vow granted in the name of God by one who has competent jurisdiction.

(a) It is a relaxation, that is, it removes the obligation (see 401). Thus, a dispensation differs from a mere declaration or interpretation that a law is not binding.

(b) It is a relaxation of the vow, that is, the dispensation, at least in modern practice, takes away not only the obligation but also the vow itself. It is not merely a suspension or a commutation, but a total removal of the vow.

(c) It is granted in the name of God; that is, the dispenser acting for God remits the promise that was made to God. Thus, a dispensation differs from an annulment, for the latter is made by the annuller in his own name on account of the authority he has over the will of the vower or over the matter of the vow.

(d) It is given by one who has competent jurisdiction, that is, public spiritual authority in the Church over the external forum. For, as a vow is an obligation to God, it cannot be removed without the act of those whom God has appointed as His representatives in spiritual matters. Here again a dispensation differs from an annulment, for the latter requires, not the power of jurisdiction, but only dominative or domestic power.

2232. Reasons Sufficient for a Dispensation.—A dispensation is granted in the name of God, and therefore, unlike an annulment, it requires a just reason for its validity; for the remission of a religious promise cannot be satisfactory to God, unless there exists a justifying reason. A dispensation conceded for insufficient reasons is invalid, even though all the parties concerned were in good faith; but, in doubt, the presumption is that the reasons were sufficient. The reasons sufficient for a dispensation can be reduced to two classes: (a) the public good of the community or of the Church (e.g., if a person bound by vow leads a dissolute life to the scandal of the public); (b) the private good of the vower (e.g., if he finds the observance of the vow too difficult, if he took the vow without much deliberation or with such fear as is insufficient to nullify, see 2195, 2196).

2233. Sinfulness of an Unnecessary Dispensation from Vows.—(a) The superior who grants the dispensation is guilty if he is certain that there is no sufficient reason for it, or if he doubts whether there is any reason for it. But he dispenses validly and lawfully, if he is certain that there is a reason for the dispensation, but doubts whether the reason is sufficient (see 407), Usually, a superior who has been asked for a dispensation should not be anxious about his right to give it, for the very insistence of the subject indicates that the vow has become harmful or useless.

(b) The subject is guilty if he asks for a dispensation while knowing that he has no right to ask for it, or if he uses it while knowing that there was manifestly no sufficient reason for it. But in case of doubt whether the reason was sufficient, the subject should be guided by the judgment of the superior, not by his own, for the decision belongs to the superior.

2234. Persons Who Have the Power of Dispensation.—The Church has the power to dispense both public and private vows, for Our Lord gave this power when He said: “Whatsoever thou shalt loose upon earth, shall be loosed in heaven” (Matt., xvi. 19), and the power thus given has been exercised from the beginning (see 314). Those who have the power of dispensation are the following:

(a) the Pope, since he is the Vicar of Christ, has the fullness of dispensing power. He may dispense from every dispensable vow, solemn vows included, and there are certain vows from which he alone may dispense. The vows reserved to the Pope or his delegate are almost all public vows and the two private vows of perfect and perpetual chastity and of entrance into a Religious Order of solemn vows. The two latter vows are reserved, however, only when made absolutely and with perfect freedom by one who has completed his or her eighteenth year;

(b) local Ordinaries (and superiors with quasi-episcopal jurisdiction, such as regular prelates) can dispense from the non-reserved vows. In certain cases, such as urgent necessity or a doubtful vow, they can also dispense from the two private vows reserved to the Pope. These matters are treated more fully by canonists, especially in connection with Canons 258 and 1045. It is the common opinion that regular confessors who have the privileges of Mendicants can dispense, either in confession or outside of confession, from all non-reserved vows not made principally for the advantage of a third party and accepted by him. Parish-priests and other confessors may dispense from a vow of chastity discovered at the last moment when all preparations have been made for marriage (see Canon 1045).

2235. Dispensation from Religious Vow of Chastity.—Does the Church dispense from the vow of chastity taken in religious profession or in the reception of Sacred Orders?

(a) There are no known examples of public dispensation of priestly celibacy for the sake of contracting marriage, but dispensations are granted from the religious vow of chastity.

(b) There have been cases in which subdeacons and deacons were permitted to marry for the sake of some common good of the Church or of a nation, and in which the marriages of priests were validated, as at the time of the Anglican Schism and of the French Revolution. But the clerics thus dispensed were forbidden the exercise of their clerical powers.

2236. Dispensation from a Vow Made for the Benefit of a Third Party.—(a) If the promise is gratuitous and not yet accepted by the third party, the dispensation can be given; for in such a case the only obligation is one arising from the vow, and the Church can dispense from vows. Hence, if one vowed to have Masses said for the soul of a deceased person or to give alms to the poor without determining any particular persons, the vows can be dispensed.

(b) If the promise is gratuitous and accepted by the third party, but is made chiefly in honor of God and only secondarily for the benefit of the third party, it is probable that the dispensation can be given. For that which is secondary in the promise should follow that which is primary, and here the vow, which is the primary intention, is dispensable.

(c) If the promise is gratuitous and accepted, but the purpose to benefit the third party is not subordinate to the purpose to make a vow, or if the promise is onerous, the dispensation cannot regularly be given. The reason is that in these cases there is question not only of a vow but also of a contract, not only of an obligation to God but also of an obligation to man, and justice demands that the rights of a party to a contract be not taken away without his consent. Thus, a vow of stability made on entrance into a Congregation cannot be dispensed without the consent of the Congregation itself, for the vow was also a contract between the Congregation and the vower. There are exceptions, however, as when the third party renounces his right, or when the Pope, in virtue of his supreme authority over ecclesiastical goods or of his dominative authority, grants a dispensation for which there are just and sufficient reasons.

2237. Persons Who May Be Dispensed from Vows.—(a) Dispensation may be granted to subjects and, in certain cases, even to non-subjects. Thus, a superior whose faculty is not restricted may dispense himself (see 403); but it is advisable that dispensation be always sought from another person on account of the danger of self-deception. A local Ordinary also has the power to dispense, not only his own subjects, but also outsiders who are in his territory (see Canon 1313).

(b) Dispensation may be given either in the confessional or outside of the confessional, unless the contrary is stipulated in the faculty. It is more suitable, however, that it be given in the confessional.

(e) Dispensation may not be granted except to those who are willing to accept it, and in this respect it differs from an annulment, which may be made even against the will of the vower. The reason for this is that the vower placed the obligation on himself freely (see 403). This holds at least as regards the dispensation of a private vow.

2238. Commutation of Vows.—The commutation of a vow is the substitution of some good work for the one promised by vow with the transfer of the religious obligation to the new work. Commutation differs from annulment and dispensation, for these take away the obligation while commutation only changes the matter, the obligation of the vow remaining unchanged. Thus, if the vow to make a pilgrimage is commuted into prayers, one is no longer obliged to make the pilgrimage, but one is bound under vow to say the substituted prayers. The power of the Church to commute vows is clear from what was said above about the power of dispensation, for he who can do what is greater can also do what is less.

2239. Kinds of Good Works that May Be Substituted for Vows.—(a) The good work can be a better work than the old one, that is, a work which, if not more difficult, is more pleasing to God and more spiritually advantageous to the vower. Hence, if one has vowed to give an alms to a poor stranger, the vow may be commuted, if the stranger has not accepted the promise, in favor of another stranger who is poorer or in favor of one’s father who is also poor.

(b) The good work may be a work equally good, that is, one which morally speaking has the same difficulty or spiritual value. Thus, one prayer may be exchanged for another of equal length, one alms for another of equal amount, one pilgrimage for another of equal distance. But equality is to be determined, not mathematically but morally, and hence one kind of work may be exchanged for another, one kind of vow for another, and it is not necessary that the works be of exactly the same worth. In fact, the new work, which objectively is only equal, is subjectively better, since it is more advantageous to the vower.

(c) The good work may be a work less good, that is, one which is clearly less difficult or meritorious, as when a Mass is commuted into a Rosary.

2240. Persons Who Have Authority to Commute a Vow.—(a) The commutation of a non-reserved vow into something better or equally good may be made by the vower himself, if there are no rights of a third party to forbid this. For the ends of the original vow (viz., the honor of God and the spiritual welfare of the vower) are thus better or at least equally served. But ordinarily one should not commute one’s own vows, since for most persons it is not an easy matter to decide what is a better or an equal good. How many understand the respective rank of the virtues? And even if one does know, for example, that religion is better than temperance, one cannot decide from this alone that a Rosary is an equal or a better substitute for a fast. One who wishes commutation for his vow, therefore, should consult his confessor or another priest.

(b) The commutation of a vow into something less good can be granted only by the one who has a special faculty; for this kind of commutation partakes of the nature of a dispensation, inasmuch as it relaxes to some extent the original vow. Those who have the power of dispensing (e.g., regular confessors who have the privileges of Mendicants) have also the power of commuting; but those who have only the power of commuting may not change a vow into something that is of notably less value. A good rule to follow in commuting a vow into something less is that more frequent reception of the Sacraments be the substitute ordered. The limitations on dispensations by reason of the rights of third parties (see above 2236) apply also to commutations.

2241. The Cause Required for Commutation of a Vow.—(a) For commutation into something better no cause is required, since the new work is its own justification. (b) For commutation into something of equal value, some cause is required, since it is a mark of inconstancy and therefore displeasing to God to give over one’s promises without good reason. But a light reason is sufficient, such as greater devotion or less danger of violating the vow. (c) For commutation into something of less value, a proportionate reason is necessary, not only for lawfulness, but also more probably for validity, since this kind of commutation is a partial dispensation. But the reason need not be so serious as that needed for a full dispensation.

2242. Reversion to Original Vow.—The return to the original vow by one whose vow has been commuted is always lawful, and in certain cases may be obligatory.

(a) It is lawful, even though the vow was commuted into something better; for a commutation is a privilege, and there is no obligation of using a personal privilege (see 523). Some authors hold that this doctrine does not apply when the vower himself commuted his vow into something better, but the common opinion is that the principle of privilege applies to every case, and that one may even choose between different works if a vow has been commuted a number of times. Those who make vows should be on their guard, however, against frequent and needless changes, since inconstancy is harmful spiritually.

(b) The return to the original vow is obligatory according to some when the vower commuted his own vow to something better and the new matter has become impossible; for the effect of the commutation was not to extinguish the old vow at once, but to offer a satisfaction in its place, and hence when this satisfaction proves impossible the vow must be performed. Others deny this and maintain that the old vow is extinguished immediately, since one who commutes a former vow is immediately held under vow to the substituted work. All agree, however, that if the commutation is granted by authority, the old vow is extinguished and there is no duty to return to it if the substituted work becomes impossible, even though the impossibility is due to the vower’s own fault. Hence, if a pilgrimage is commuted into a fast and the vower through his carelessness becomes sick and unable to fast, there is no obligation either to make the pilgrimage or to fast. It should be noted, though, that private vows made before religious profession are suspended only so long as the vower remains in the institute he has joined, and hence, if he is dismissed or leaves, the vows revive (Canon 1315).

2243. Duties of Confessors in Reference to Private Vows.—(a) A confessor should not readily permit penitents to take private vows, since a vow is a serious matter and should receive mature deliberation. A vow taken hastily in a fit of fervor will likely be soon repented of (see 2221). But if it seems that a penitent will be benefited by a vow, the confessor should give permission, though it will frequently be advisable to limit the duration of the vow at first to a month or a year or other fixed period.

(b) Nor should a confessor be easy in recommending commutations of private vows, lest those who have taken them be encouraged to make continual changes. On the other hand, if there is a good reason for a change (such as danger or difficulty in the old matter or greater devotion in the new matter), the confessor should not stand in the way of a commutation. Confessors who have not the faculties must have recourse to authority for dispensations and dispensative commutations, and the same course is advised for some difficult cases of annulment (e.g., when a husband and wife have made a mutual vow of continence).

2244. External Acts of Religion in Honor of God.—We now pass on to consider those external acts of religion in which the worshipper makes use of divine things in order to show honor to God (see 2175). These sacred things are of two classes, namely, objects whose use is the sanctification of man (Sacraments and sacramentals) and words whose use is the power they have on others or the manifestation of reverence towards God (the Divine Name). Sacraments and sacramentals will be dealt with later. For the present we shall speak of the honor shown to God by the use of His Name, and hence we shall take up in turn the following subjects: (a) use of the divine name to confirm before others one’s declarations or promises (oaths); (b) use of the divine name to move others to do or omit something (adjuration); (c) use of the divine name to express praise and invocation.

2245. Oaths.—An oath is the calling upon God to witness the truth of what we say.

(a) It is a calling upon God; that is, it is the selection of God as the witness of what is said. The oath is not merely an address made to others or a declaration that a fact is known to God (e.g., “God knows she has been a good woman”); it is an address or invocation made to God Himself. Neither is it a mere prayer that God will in some way bring out the truthfulness of what is said; it is an appeal to Him to corroborate that truthfulness by His own testimony. Neither does it appeal to testimony already given (e.g., the words of God found in Sacred Scripture), but to testimony to be given about the present matter. A prayer to God to prove one’s innocence or the proof of a theological proposition from the Word of God is not, therefore, an oath.

(b) It is a calling on God, and hence if appeal is made to some creature (e.g., in the expression, “upon my word of honor”) or to some false deity (e.g., “By Jove, I’ll do that”), there is no oath.

(c) It calls on God to bear witness; that is, it confirms the truth of one’s words by God Himself, who can neither deceive nor be deceived. He who swears does not ask that God intervene here and now by some visible or miraculous sign, but that God confirm, where and when it pleases Him, what is said, at least on that day when He will clear up the hidden things of darkness and reveal the secrets of hearts (I Cor., iv. 5). The proving force of the oath is that one who believes in God will not be so wicked or rash as to call upon the All-Holy to defend iniquity and falsehood.

2246. The Various Kinds of Oaths.—(a) By reason of the matter, an oath is either assertory or promissory. An assertory oath refers to the past or present (e.g,, “I swear that I saw the accident,” “I swear that I am insolvent”), a promissory oath to the future (e.g., “I swear that I will execute my office faithfully”). The promissory oath is either without a pact made with another (e.g., in the comminatory oath, “I swear that I will prosecute, if you do that”) or with a pact. This latter oath is called confirmatory, and, according as the pact is with God or with man or with both, it is either a sworn vow, or a sworn contract, or a sworn vow and contract.

(b) By reason of its mode, an oath is either contestatory (invocatory) or execratory. The contestatory oath simply calls on God as a witness (e.g., “God is my witness that this is true,” “I swear by God, etc.”). The execratory oath asks God, even though the Divine Name is not expressly mentioned, to punish the swearer in his own person or in the persons or goods that pertain to him, if the statement made is not true (e.g., “May God strike me dead, if this is not true!” “May the devil take my children, if I swear falsely!”). The form commonly used, “So help me God and these holy Gospels!” has an execratory sense, the meaning being “May God help me if I speak truly, may He deny me help if I speak falsely!”

(c) By reason of the person invoked, an oath is either explicit or implicit. The former calls on God by name (e.g., “God is my witness,” “I speak the truth in Christ”); the latter calls on some creature as the reflection of a divine attribute, or in some other way the representative of God (e.g., the oath of Moses in Deut., xxx. 19: “I call upon heaven and earth this day to witness that I have offered you life and death”).

(d) By reason of its legal form, an oath is either solemn or simple, judicial or extra-judicial. The solemn oath is taken with ceremony (e.g., before the altar, with hand placed on the Bible, with upraised hand, etc.); the simple oath is taken privately, without special form of words or ceremony. The judicial oath is taken in court or in reference to the public decision of questions of right, fact or delinquency (e.g., in Canon Law the oaths of calumny, malice, etc., which are treated in canonical works); the extra-judicial oath, solemn or simple, is taken on other occasions (e.g., when two contractants strengthen their compact by oath). Examples of solemn oaths in the Bible are found in Gen., xiv. 22, xxiv. 2, 3; Jeremias, xxxiv. 18.

2247. Moral Difference between the Various Kinds of Oaths.—(a) Essentially, there is no difference, since all the kinds agree in the principal features mentioned in the definition. (b) Accidentally, there is a difference in circumstances of form, solemnity, etc. Moreover, one kind of oath may be more obligatory (e.g., the solemn oath on account of the special deliberation given it and the scandal caused by its non-observance is more sacred than the simple oath), or it may have other species of obligation besides that of religion (e.g., the oath to keep a compact binds in justice as well as religion).

2248. Lawfulness of Oaths.—(a) It is lawful to take an oath that has the necessary qualities, for in Scripture God Himself is represented as swearing (Gen, xxii. 16; Psalm cix. 4, Heb., vi. 13, vii. 21), holy men swear and are praised for swearing as they should (II Cor., i. 23; Psalm xiv. 4), and the Church has always made use of oaths. The origin of oaths is man’s faith in God, and their purpose is the useful one of lending authority to important assertions. Indeed, an oath is an act of religion, for men swear only by one who is greater (Heb., vi. 13), and hence an oath is a profession of reverence for God’s superior knowledge, truth, and justice.

(b) It is not lawful to take an oath that lacks a necessary quality. Here we should note an important difference between an oath and other acts of religion, such as vows. An oath is not desirable for its own sake, since it is occasioned by human weakness and unreliability; hence, like medicine and other necessities occasioned by evil, it should be used only in serious need and sparingly. A vow or other act of religion, on the contrary, originates from the desire to honor God, even apart from necessity, and hence it may be used oftener. This explains why Scripture forbids the habit of swearing (Ecclus., xxiii. 9; Matt., v. 33; James, v. 12); but it is a wrong interpretation of these texts that sees in them an absolute prohibition of oaths. From the context and other passages it is clear that the Scriptures just cited reprove the Pharisees who taught that promiscuous swearing was lawful, provided only the matter was true or the Divine Name was not used, and also those persons who delighted to swear on all occasions.

2249. Necessary Qualities of a Lawful Oath.—The necessary qualities that should accompany an oath are expressed in Jeremias, iv. 2: “And thou shalt swear, ‘As the Lord liveth,’ in truth, and in judgment and in justice.” Judgment refers to the good dispositions of the person who swears, truth and justice to the righteousness of the cause for which he swears.

(a) Thus, an oath should have judgment; that is, the person who swears should do so only from serious necessity, with faith and devotion, and in a manner respectful to God whom he invokes. An oath that lacks judgment is called incautious or disrespectful, as when one swears about a trivial matter or swears jokingly.

(b) An oath should have truth; that is, one should not swear except to that which one believes to be true, after reasonable diligence has been used in seeking for the truth. An oath that lacks truth is called false or perjured, as when one swears to what one knows or believes to be false, or promises what one does not intend to fulfill, or swears that one is certain when one has only opinion, or swears with a purely mental reservation, or swears after insufficient investigation of a matter.

(c) An oath should have justice; that is, one should not promise what one has no right to promise (e.g., to tell a lie), and one should not say what one has no right to say (e.g., what is defamatory). The matter of the oath, then, both as to its object and its circumstances, must be good, even though one is swearing truthfully and respectfully. An oath that lacks justice is called a wicked oath, as when one promises under oath to commit murder, or not to follow what is of counsel, or swears about a real fact in such a way as to do unnecessary harm to another person or to boast about one’s own crimes.

2250. Sinful Oaths.—(a) An incautious or disrespectful oath is from its nature only a venial sin, since its malice consists, not in any direct injury to the divine truth or other attribute, but only in levity of mind; and, moreover, it is not opposed to the purpose of an oath, which is to confirm the truth. But accidentally it may be a serious sin on account of the scandal it gives (e.g., when a person of standing swears without necessity), or on account of the danger to which it exposes the swearer (e.g., when one swears habitually and is thereby put in the occasion of swearing falsely or unjustly). On account of the evils of familiarity, etc., to which habitual swearing leads, Our Lord warn us to be content as a rule to support the truth with simple assertion or denial (Matt., v. 2). At least for ordinary, daily communications the word of a Christian or honest man ought to be sufficient without his oath.

(b) A lying or perjured oath is from the nature of the act always (see 172) a mortal sin, since it consists essentially in contempt for God and disrespect for His attributes. The perjurer dares to ask God to be an accomplice in a lie, or else supposes that God can be deceived. Hence, only by reason of the imperfection of the act can perjury ever escape the guilt of mortal sin, as when one commits perjury without sufficient reflection on or full consent to the oath or to its falsity. Pope Innocent XI condemned the doctrine that perjury is only a light sin (Denzinger, n. 1174). In Canon Law those who perjure themselves are debarred from acting as witnesses or giving expert testimony, and are subject to penalties at the discretion of the Ordinary (see Canons 1757, 1795, 2323). In American civil law perjury is a false oath given before a tribunal and is a crime against public justice, while subornation of perjury and false oaths given on private occasions are also crimes or punishable offenses.

(c) A wicked oath, even though the thing sworn to be true and the oath be given only after consideration and in a respectful manner, is a sin against religion and any other virtue it offends. The sin committed by reason of the oath is from its nature mortal according to some, since the swearer gravely insults God by asking Him to become a partaker in sin and by turning into an instrument of sin what should be an act of religion; others hold that the sin is only venial, since it is not serious disrespect to ask God to witness the truth of what is true; others again make the gravity of the sin depend on the wickedness of the matter or circumstances. This wickedness committed by reason of the statement or promise is venial or mortal according to the case. Thus, there is grave injustice in revealing a fact seriously detrimental to another and which one is bound to keep as confidential; there is venial scandal in swearing in order to lead another person into a slight fault of detraction; there is a grave sin of impurity in promising to commit adultery; there is a light sin of theft in promising to steal a small sum of money. Finally, others hold that the oath is mortally sinful when it furthers a grave sin (e.g., an oath confirming serious detraction), and that it is venial in other cases (e.g., an oath confirming a boast about past mortal sins).

2251. Mental Reservation in an Oath.-(a) Strict mental reservation (i.e., the internal restriction of one’s words so that the listener cannot gather the true meaning, as when one says one has seen Rome, meaning a picture of Rome) is a lie, and hence cannot be used in an oath without perjury. See propositions condemned by Innocent XI (Denzinger, n. 1176).

(b) Wide mental reservation (i.e., the internal restriction of one’s words that may be gathered by the listener from circumstances, as when a servant says his master is not at home, meaning that he cannot be seen) is lawful only when there is some reason of justice or charity that demands it. Hence, it is a mortal sin to swear with this kind of reservation when the questioner has the right to know the truth; it is no sin at all when the questioner has no right to question and mental reservation is the only escape from a serious evil. If the questioner has no right to demand an oath and the deponent has no right to use mental reservation (e.g., when the oath is only private and not concerned with contract or other important matter), the sinfulness of a mental reservation is a matter of dispute. Some think the oath is mortally sinful, because it is gravely irreverent to God to call on Him to witness testimony meant to deceive. Others think the oath is only venially sinful, because the offense is not against truth or justice, but only against judgment or discretion.

2252. Cooperation in Sinful Oaths.—(a) Formal cooperation is never lawful, because it makes the cooperator will the guilt of what is done. Thus, he who by command, counsel, promise, etc., induces another to swear falsely is guilty as the principal or accessory to the crime (see 1513, 1778).

(b) Material cooperation is lawful when there is a sufficient reason for it, as when a public official demands the oath according to law from a person who, as he knows, will swear falsely. For the public good demands that in certain cases oaths be administered, notwithstanding that for some persons this will prove an occasion of perjury. But the lawgiver should not multiply temptations by demanding sworn statements unnecessarily; otherwise the oath becomes a mere formality deprived of proving value, and the crime of perjury is made common.

2253. Sinful Oaths Demanded or Accepted by Private Persons.—(a) Incautious or Disrespectful Oaths.—It is not lawful to ask or receive an oath, when there is no great public or private need for it; otherwise one makes a sacred act cheap and common. Neither is it lawful to ask or receive an oath from those who do not believe in oaths (e.g., the Mennonites, some Quakers); otherwise one compels another to swear against his conscience and indevoutly. Those who believe that oaths are sinful may be required, nevertheless, to bind themselves on their solemn word of honor, and may be punished in the same manner as perjurers if they speak falsely.

(b) Perjured Oaths.—It is not lawful for a private person to ask or receive an oath from another, if he is sure that the latter will commit perjury; but one may ask and receive an oath, even though one does not know whether the other person will swear truly or not, if one has a sufficient reason.

(c) Wicked Oaths.—It is clearly unlawful to ask or receive a wicked oath, in which something sinful is promised or stated; for the thing itself is then desired and there is formal cooperation. But it is not necessarily sinful to ask or receive a wicked oath, in which the sinfulness is found, not in the matter of the oath, but in the dispositions of the swearer, for there may be only material cooperation. Thus, he who exacts a sworn promise of murder agrees to murder, but he who demands a sworn statement against a third party for which there is necessity does not necessarily agree to hatred, if the person taking the oath swears out of hate or revenge.

2254. Fictitious Oaths.—A fictitious oath is one in which a person swearing externally has no intention internally to call on God as a witness.

(a) This kind of oath is invalid, for, as was just said, without a real intention to swear there is no oath. Hence, a fictitious oath produces no obligation of religion, but there may be an obligation of justice, as when the oath is the unjust cause of damage to another.

(b) This kind of oath is sinful, for, if it testifies to error, it includes the grave sin of external dishonor to God; if it testifies to truth, it includes the venial sin of taking God’s name in vain. The fictitious oath is a grave sin if the circumstances are such that a sincere oath is gravely obligatory, as when a superior or judge lawfully imposes an oath in a serious matter, or the parties to an important onerous contract bind themselves by oath in order to strengthen their pact.

2255. Expressions Confused with Oaths.—Expressions that are sometimes mistakenly confused with sinful swearing are the following: (a) profane or vulgar talk, such as “Hell,” “The devil,” “Doggone it”; (b) cursing, such as “Go to hell,” “God damn you,” “Damn it”, (e) contumely, such as “bastard,” “son of a bitch”; (d) vain use of the name of God, such as “by God,” “Christ,” etc., when used as common exclamations; (e) temptation of God, such as: “If there is a God, may He strike me dead!”; (f) blasphemy, such as: “May God perish, if this is not true!”

The expressions, “This is as true as the Gospel,” “God’s own word is not more truthful,” “I am as innocent as the Blessed Virgin,” etc., if used to confirm the truth, are not meant to assert the speaker’s equality to God and the Saints, and hence they are venial sins of taking the Lord’s name in vain. But, if they are used to confirm error, they are mortal sins of blasphemy.

2256. Obligation Imposed by Promissory Oath.—An assertory oath imposes the obligation of telling the truth and of repairing any damage that results from the falsity or injustice of the declaration. In addition, a promissory oath binds one in virtue of religion to perform one’s promise; for, as said above (2249), an oath must have truth. Hence, Scripture bids those who have sworn to fulfill the promise (Matt., v. 33) not to make the word of no effect (Num, xxxi. 3). But the thing promised must be possible and lawful, or otherwise the oath lacks judgment or justice. (a) Thus, an impossible promise is not binding, for no one can oblige himself to perform what he cannot perform (cfr. 2201); (b) an unlawful promise is not binding, for no one can oblige himself to perform what he is bound not to do. Thus, an oath to revenge murder by murder is null, and sin is committed both in taking and in keeping it.

2257. Obligation Imposed by Negative Oaths.—The obligation of a sworn promise not to do what is better (e.g., not to take a vow), or to do what is vain and useless (e.g., an oath to count the steps one takes), depends on the circumstances. (a) If there are no rights of a third party involved, these oaths do not hold (e.g., he who swears not to vow acts laudably in disregarding the oath). For one may not call God to witness or be guarantee for that which is less pleasing to Him, or which in no way honors Him, and for which there is no claim on the part of a third person. (b) If there are rights of a third party involved, these oaths oblige one to give the third party what he is entitled to from the promise (e.g., a nurse who swears to remain with a sick person may not violate the oath by entering religion).

2258. Obligation of Oath Is Personal.—An oath added to a promise made to man and obligatory in justice is personal, and hence it binds the one who makes the oath, but not his heirs (see 2216).

2259. Interpretation of Promissory Oaths.—(a) An oath should be interpreted strictly, for the presumption is that the promisor intended to place upon himself the least possible burden. Thus, if a person swears to observe the statutes of a certain Congregation, it should be understood that he pledges himself to present, not to future statutes; if he swears not to gamble, the oath does not forbid games in which money is not played for. But if the promisor acts deceitfully, the oath is to be interpreted according to the intention of him who receives the promise (Canon 1321).

(b) An oath is always subject to the limitations and reservations which the nature of the case, law, or custom demands. Hence, even though an oath is made unconditionally, the following conditions are understood: “If fulfillment will be physically and morally possible,” “saving the rights of superiors,” “unless the other party renounces his right,” “unless the other party fails to keep his part of the agreement,” “unless there comes a notable change in conditions.” If the promisor explains beforehand to the promisee what he understands by the oath, he swears only in the sense thus set forth by him.

(c) An oath follows the nature and conditions of the act (e.g., resolution, promise, vow, contract) that it confirms, for the accessory follows the principal. Hence, if the act to which the oath is attached cannot be obligatory (e.g., an act detrimental to eternal salvation, or the public good, or the rights of a third party), the oath gives no strength to this act (Canon 1318); if the act is naturally invalid (e.g., a promise obtained through substantial fraud), the oath is also invalid; if the act does not become effective (e.g., a promise not accepted), neither does the oath become effective; if the act ceases to oblige (e.g., a promise of secrecy made for a time), the oath also ceases to oblige; if the act is not obligatory under grave sin, the oath is not obligatory under grave sin (e.g., if one swears to observe the statutes of a university, one is not bound to observe those that are commonly neglected, one commits no sin by transgressing those that are merely penal or optional, and one commits no grave sin by violating those that oblige under venial sin).

2260. Kind of Obligation Produced by a Valid Promissory Oath.—(a) The obligation is one of religion, because the significance of the oath is that it adds the duty of respect owed to God to the duty of fidelity owed to the promise. Men swear in order to make their promises more trustworthy through the sacredness of the oath. The violation of a promissory oath is, therefore, always a sin against religion. There are other sins added in some species of oath, namely, a second sin against religion in case of a sworn vow, a sin against justice and fidelity in case of a sworn contract, a second sin against religion and a sin against justice and fidelity in case of a sworn vow and contract (see 2246 a).

(b) The obligation, other things being equal, is less than that produced by a vow, because the vow binds in virtue of fidelity to God, but the oath only in virtue of respect. The obligation of fidelity seems to be stronger, because unfaithfulness always contains disrespect, but not vice versa. Moreover, in the case of a vow not only the fulfillment of the promise, but the thing promised itself is sacred, which is not true in the case of an oath. An assertory oath, however, seems to be more binding than a vow, because it is a greater injury to God to make Him the witness for falsehood than to break a promise made to Him.

2261. Degree of the Obligation of a Valid Promissory Oath.—(a) The obligation is grave, from the nature of an oath, because the virtue of religion is preeminent among the moral virtues (see 2146). There is no doubt that mortal sin is committed when one gives a sworn promise and has no intention to fulfill it, for this is perjury (see 2250 b); and also when one unjustly refuses to live up to an important engagement made under oath, for this is irreligion and injustice in a serious matter. The remarks on grave matter in vows (2211) apply here, but, since the vow obliges more strictly, a somewhat greater amount is needed for serious matter in violation of an oath.

(b) The obligation may be light on account of the smallness of the matter involved. Even a vow, which is more binding than an oath, may be of venial obligation in this way (see 2211). A person who makes a promise under oath, fully intending to keep the promise, but who later changes his mind without sufficient reason, does not show disrespect to God, since when the oath was made he intended to abide by it, and does not seriously injure his neighbor, since, as we suppose, the matter of the oath is small. The sin, therefore, is one of inconstancy or levity, and, if there is disrespect, it is slight. Thus, if a person who had sworn to drink no more wine took a drop now and then, these transgressions would be only venial. Some authors, however, believe that every unfaithfulness to a promissory oath, no matter how small the subject-matter, is a grave sin, because perjury is committed by the breach of promise. This is commonly denied, because the meaning of a promissory oath is that God is called on to witness the truth of a present intention and the obligation (great or small) of a future performance.

2262. Cessation of Obligation of Promissory Oath.—The obligation of a promissory oath, like that of a vow (see 2226), ceases intrinsically or extrinsically.

(a) Intrinsically, an oath ceases when there is a substantial change in the matter (e.g., it is or has become impossible or unlawful, as in Herod’s oath to Salome), when the principal reason for the oath has ceased (e.g., Titus swore to give an alms to Sempronius because the latter was poor, but before the alms was given Sempronius became rich), or when the time or condition by which the oath was limited terminates the obligation.

(b) Extrinsically, an oath ceases by condonation (e.g., when the State or a private person to whom a sworn promise has been made yields the right and remits the obligation), by annulment (e.g., when a father nullifies the oath of his minor child), by dispensation (e.g., when the Church absolves from an oath taken under grave compulsion), by commutation (e.g., when the Church changes the matter of a sworn vow into something more suitable). Those who can annul, dispense or commute vows have the same power over oaths; but if the dispensation of an oath is detrimental to others who are unwilling to forego the promise, only the Apostolic See can dispense, and then on account of a necessary reason (see Canon 1320).

2263. Adjuration.—Adjuration is the invocation of the name of God used in a request or command to another person in order to move that person to do or omit something.

(a) It is an invocation, and in this respect it is like an oath, for both an oath and an adjuration call upon the name of God.

(b) It calls upon the name of God either explicitly (e.g., “I command you in the name of God”) or implicitly (e.g., “I beseech you for the sake of the passion of Christ”). If command or request is made in the name of a creature and without reference to God’s attributes reflected in them, there is not, properly speaking, an adjuration, as when one implores a favor from another person in the name of a Patron Saint, or of one’s country, parents, friendship, etc.

(c) It is used in a command or a request, and thus it differs from prayer, which cannot be made in the form of a command. But adjuration may be used in prayers to God Himself or to the Saints, as is done in obsecrations.

(d) Its purpose is to move another to an act or omission, and thus it is different from an oath. The end of an oath is to confirm one’s words by the testimony of God; the end of an adjuration is to influence another to a certain course through an appeal to his respect, fear or love of God.

2264. The Species of Adjuration.—(a) Adjuration is solemn or simple (private). The solemn adjuration is made in the name of the Church by her ministers and in the ritual form prescribed by her, as in the exorcisms of Baptism. The simple adjuration is made by private persons and without ritual ceremony.

(b) Adjuration is imperative or deprecative. The imperative is given in the form of a command to inferiors or demons, as when St. Paul writes to the Thessalonians: “I charge you by the Lord that this epistle be read” (I Thess., v. 27). The deprecative is given in the form of a request made to God or to any creature not damned, as when St. Paul writes to the Romans: “I beseech you, brethren, by the love of God that you present your bodies a living sacrifice” (Rom., xii. 1).

2265. Qualities of Lawful Adjuration.—Adjuration is lawful and an act of the virtue of religion, since it professes reverence for the divine attributes in using them as the most efficacious motives of appeal. But, like an oath, adjuration must be accompanied by qualities that make it lawful.

(a) Thus, there must be judgment, and hence those persons are guilty of sin who employ adjuration without necessity (e.g., those who constantly urge the love of God and other religious motives when asking for any favor), or without devotion (e.g., those who in anger are wont to command “for God’s sake,” etc.). The sin committed does not seem grave, since there is no great disrespect and the malice consists in taking God’s name in vain, not in insult.

(b) There must be truth, and hence an adjuration is sinful when used for a lying cause, as when a well-to-do person pretends to be indigent and begs that alms be given him for the love of God. The sin committed does not seem grave, since the act to which the other person is invited is good, and the act of adjuration itself does not ask God to testify to the lie, but only uses His name without reason. If the deception is mortally sinful, however, some authorities think that the adjuration added to it is a grave sin against religion.

(c) There must be justice, and therefore an adjuration is sinful when used to obtain something unlawful, as when one demands in the name of God that another person tell a lie or commit murder. The adjuration is gravely irreverent to God if the thing sought (e.g., murder) is a mortal sin; it is lightly irreverent, according to the common opinion, if the thing sought (e.g., a harmless lie) is only a venial sin.

2266. Persons Who May Be Adjured.—God may be adjured, but only in a deprecative manner, as is done in the obsecrations, “through Jesus Christ,” “through Thy Passion and Death,” etc. The purpose of adjurations addressed to God is not to change the divine decrees, but to obtain through His goodness what He intended from eternity that we should obtain by prayer. But the same form of adjuration cannot be used for all creatures.

(a) Thus, deprecative adjuration may be used in reference to those who are in some way one’s superiors. Hence, we may pray the Angels and Saints to grant a prayer for the love of God, and a beggar may ask in Our Lord’s name that a wealthy man give him an alms.

(b) Imperative adjuration may be used in addressing subjects or inferiors. Adjuration of demons must not be made in friendly words, nor with a view to obtaining services or knowledge from them, but in words of reproach and only as a means to end their nefarious activities.

(e) No kind of adjuration may be used in regard to irrational creatures, since they are without knowledge sufficient for receiving a command or a request. The adjurations of animals, the elements, inanimate objects, etc., that are contained in the Ritual, must be understood as deprecative adjurations addressed to God, or imperative adjurations addressed to evil spirits, that the creatures prayed over may be to our benefit and not to our hurt. Examples are the exorcisms of water, salt, mice, locusts, houses, or storms.

2267. The Use of Exorcisms.—(a) As to their effect, exorcisms are of two kinds, exorcisms in the strict sense (i.e., the expulsion of demons from possessed persons) and exorcisms in the wide sense (i.e., the diminution of demonic influence). Examples of the former are found in the Gospels, where Our Lord drives out many evil spirits from afflicted persons; examples of the latter are found in the exorcisms administered in Baptism and in the exorcisms of salt, water and other inanimate or irrational creatures.

(b) As to their manner, exorcisms are also of two kinds, the solemn and the private. The former are made in the name of the Church in the manner prescribed by the Ritual, and their administration is reserved to clerics who have a special and express permission from the Ordinary (Canon 1151, Sec. 1). The latter kind may be made even by members of the laity, and we read that certain Saints, like St. Anthony and St. Catherine of Siena, had great power over evil spirits. It is recommended that priests frequently use private exorcisms, at least secretly, for persons who are vexed by temptations or scruples, and for which they may use the form: “In the name of Jesus Christ, unholy spirit, I command you to depart from this creature of God.”

2268. The Effects of Adjurations.—(a) Adjurations addressed to one’s fellow-men upon earth impose no obligation of religion upon the persons addressed. Hence, if a rich man turns a deaf ear to an appeal for charity made in the name of God, he violates charity but not religion; if a child disregards a command urged upon him for the love of God, he violates obedience but not religion.

(b) Adjurations addressed to demons are not of infallible efficacy, at least as to the entire effect intended, for power over the spirits of darkness is given only in such measure as is needed for the propagation of the Gospel. But we believe that an exorcism pronounced lawfully by one who has the Order of Exorcist acts _ex opere operato_, at least to restrain the wickedness of the demons: “In My name they shall cast out demons” (Mark, xvi. 17).

2269. Praise of God.—Having discussed oaths and adjurations, in which honor is shown the name of God, and the immediate end of which is or may be some human advantage, we come now to the honor shown the name of God by praise in which the immediate end is some spiritual advantage. Praise is defined as “the declaration of another’s greatness with approval.” The divine praises include the prayers of wonder, of honor, of thanksgiving; but they differ from prayer properly so called or petition (see 2153).

2270. Internal and External Praise of God.—(a) Internal praise is expressed by the thoughts and affections of the soul. This is the most important part of praise, and without it external praise loses much of its value. Our Lord reproved the Pharisees for honoring God with their lips, while their hearts were far from Him (Matt., xv. 8), and St. Paul admonishes the Ephesians to sing and make melody to the Lord in their hearts (Ephes, v, 19).

(b) External praise is expressed in words (“I will bless the Lord at all times, His praise is always in my mouth,” Psalm xxxiii. 1), or in song (“Admonishing one another in psalms, hymns and spiritual canticles, singing in grace in your hearts to God,” Col., iii. 16), or by music (“Praise Him with sound of trumpet, with psaltery and harp, with timbrel and choir, with strings and organs, with high-sounding cymbals,” Psalm cl).

2271. Excellence of Praise of God.—(a) Praise Is Due to God.—His essence and attributes are ineffable and above all praise (Ecclus., xliii. 33), and they must be honored by the superior acts of worship and reverence. But the effects of His goodness shown to us should be declared and glorified: “I will remember the tender mercies of the Lord, the praise of the Lord for all the things the Lord hath bestowed upon us” (Is., lxiii. 7).

(b) Praise of God Is Advantageous to Man.—Internal praise lifts the soul on high and prepares it to receive benefits from God, while external praise helps the mind to keep its attention fixed on God, excludes those things that are contrary to Him, and offers edification to others. St. Augustine narrates in his _Confessions_ how profoundly he was moved in spirit, even to tears, on hearing the hymns and canticles of the Church.

2272. Qualities that Should Be Present in the Divine Praises.—(a) Internally, there should be devotion. It is useful that those who perform or assist at the praises of God understand what is said, but it suffices for devotion that they know His greatness and goodness is being proclaimed. The intention should be to honor God, and hence there is no act of personal religion if in reciting or hearing God’s praises one intends only ostentation or pleasure; attention should also be given to what is said, and hence St. Augustine says that it is a sin to think rather of the music than of the praise of God proclaimed by the music (see 2164 sqq.).

(b) Externally, the divine praises should be respectful to God and helpful to recollection and devotion. Hence, the law of the Church excludes from her services all that is of a disturbing, profane or sinful character, such as theatrical displays, musical instruments that distract the mind from religious thoughts, lascivious airs or those suggestive of the dance. The Code prescribes that impure music of every kind must be eliminated from churches (Canon 1264), and Pius X in his Motu Proprio of 1903 lays down the rule that there must be nothing in the services of the Church that is calculated to diminish piety, give reasonable scandal or disgust, or offend the decorum of sacred functions or the sacredness of the place (see also Instruction on Sacred Art [Holy Office, 30 June, 1952], AAS 44-542). The sin committed by misbehavior or levity during divine services depends on the seriousness of the disrespect shown to God or the scandal given the beholders.

2273. The Sins against Religion.—Inasmuch as religion is a moral virtue and therefore consists in the observance of a golden mean, the sins opposed to it are the extremes of excess or defect. (a) The sins of excess offend, not because they offer too much worship to God (a thing that is impossible), but because they exceed by giving worship where it is not due or in a manner that is not due (superstition). (b) The sins of defect offend by denying due religious reverence to God Himself (temptation of God, perjury) or to sacred things (sacrilege, simony).

2274. Superstition.—Superstition is false religion, or a vice that offers improper worship to the true God or divine worship to a false god. Improper worship of the true God is either false or superfluous.

(a) False worship is opposed to the truth of religion (e.g., Old Testament rites which signify that Christ is still to come), or of rites (e.g., Mass by a layman, Mass according to a form disapproved by the Church), or of facts (e.g., fictitious revelations, ecstasies, mysticism, miracles, relies), or of morals (e.g., human sacrifice, praises of God to the accompaniment of lascivious words or music, etc.).

(b) Superfluous worship is offered when an external observance in no way serves the purposes of religion (viz., the glory of God, the elevation of the soul to Him, the repression of the passions), or is opposed to law or common custom. The purposes of religion are not served by actions foolish in themselves (e.g., the repeated mumbling of meaningless sounds) or in their intent (e.g., undue emphasis given to minor details of a religious act, such as color of the candles on the altar, the stature of the celebrant, the hour or condition of the weather, etc., as if weighty consequences depended on them). The chain prayer is another example of a superstition that places all the virtue of an act of worship in some small external circumstance. The law and custom are not followed in such superstitions as additional crosses, alleluias, credos, etc., made in violation of Mass rubrics, or a devotion consisting of fasts on Sundays, or new forms of piety that lack ecclesiastical approval. There is no superstition, however, in modes of worship approved by the Church (such as novenas, tridua, Gregorian Masses, and the like), for the Church recognizes no devotion or ceremony unless it is true and useful as an expression of religion.

2275. The Sinfulness of Improper Worship of God.—(a) False worship is from its nature a grave sin; it is seriously insulting to God because it offers Him dishonor as honor, and it is also seriously harmful to man because it casts discredit by its falsity on the name of religion. (b) Superfluous worship is from its nature a venial sin, since it contains no notable irreverence towards God and, being outlawed, does not reflect on religion. Accidentally, however, it may be a mortal sin, as when it is performed in such a way as to cause great scandal.

2276. Worship of False Deity.—Worship of a false deity is performed by offering a creature an act of homage due to God alone. Hence, there are three species of this superstition: (a) a creature is recognized as God, when it is offered a service (such as sacrifice) that testifies to supreme and infinite excellence (idolatry); (b) a creature is given the credit of divine knowledge, when instruction about hidden matters which only God could bestow is asked from it (divination), (c) a creature is treated as the supreme ruler, when assistance which only God can grant is sought from it (vain observance).

2277. Definition of Idolatry.—Idolatry is the supreme worship of _latria_ offered to a creature.

(a) It is supreme worship, and hence the inferior reverence of _hyperdulia, dulia_, or civil honor, offered respectively to the Blessed Mother, angels, saints, superiors, etc., is not idolatry. The external signs of worship that belong to God alone (such as sacrifice, temples, priesthood, altars, etc.), may never be used in the veneration of creatures; nor the signs that are common to God and creatures (such as genuflexions, prostrations, prayers, etc.), if the intention is to adore.

(b) Idolatry is offered, that is, by it an act of worship is intended or is at least performed in a serious manner. Hence, it would not be idolatry so to enact a pagan ceremony that the onlookers could understand that no religious rite was being performed (e.g., if it were done on the stage, or in a joking manner).

(c) Idolatry is offered to a creature, and hence the relative honor that is shown the images of the Trinity or of Christ on account of the persons represented by them is not idolatry. The creature to whom idolatry is shown is either a person (e.g., an Angel, the soul of a departed person, a living human being), or an irrational creature (e.g., the bull Apis, a sacred plant), or an inanimate substance (e.g., statues or pictures, the elements, the heavenly bodies), or a fictitious being (e.g., Jupiter and the other gods of mythology).

2278. The Kinds of Idolatry.—(a) Idolatry is either internal or external. Internal idolatry has the intention to adore a creature, as when a Satanist offers sacrifice to demons. External idolatry performs an outward rite that signifies adoration of a creature, although there is no will to give adoration, as when a Christian out of fear of death reluctantly burns incense before an idol. (b) Internal idolatry is either perfect or imperfect. Perfect idolatry includes belief in a false god, as when an ignorant pagan prays to the sun and moon. Imperfect idolatry is committed when, without belief in a false god, there is the will to offer it divine worship on account of hatred of God, wish to obtain favors from demons, or the like.

2279. The Sinfulness of Idolatry.—(a) Idolatry is a most grievous crime. It entails rebellion against the majesty of God, attack on the virtue of religion, unbelief or denial of faith, and scandal; and hence it is forbidden in the first commandment: “Thou shalt not have strange gods before Me. Thou shalt not adore them, nor serve them” (Exod., xx. 3 sqq.).

(b) Idolatry in itself and in its highest degree is the most grievous of sins, for it includes both hatred of God (since it would deprive Him of His unique excellence by giving His honors to creatures) and blasphemous unbelief (since the idolater publicly professes that God is not above all). Now, it was said above that unbelief, hatred of God and blasphemy are the most enormous of sins (see 820, 895, 1301, 1302), and so it follows that the worst form of idolatry is graver than other sins.

(c) Idolatry, by reason of the dispositions of the person who commits it, may be less grievous than other sins. Thus, it is worse to hate or deny God internally than to worship an idol externally only; it is worse to blaspheme with great hatred and contempt than to practise idolatry with less malice. Imperfection of the act, as in cases of ignorance or want of consent, makes the sin venial, or no formal sin at all.

2280. Comparison of Different Sins of Idolatry.—(a) Internal idolatry is worse than external idolatry, because the former, though not the latter, includes approval of the superstition committed. (b) Imperfect idolatry is worse than perfect idolatry, if both be considered precisely as idolatry, since the former proceeds from malice, and the latter from greater or less ignorance. (c) External idolatry is aggravated when its motive is more sinful or makes the act more voluntary (e.g., it is worse to pretend sacrifice to an idol if the motive is to ingratiate oneself with the idolaters or to spite the Christians, than if the motive is to escape death at the hands of the pagans).

2281. Idolatry Possible in Christian Worship.—The guilt of idolatry may be incurred even by Christians offering worship to God. (a) Thus, in the adoration of the Eucharist there would be idolatry, at least material, if an unconsecrated host were exposed for veneration or given in communion. (b) In the veneration of the Saints there would be idolatry, if they were honored or invoked as if they possessed divine attributes.

2282. Definition of Divination.—Divination (soothsaying, fortune-telling) is a form of superstition in which the evil spirits are invoked explicitly or implicitly with a view to the discovery of what is future or occult.

(a) It is a form of superstition, because it seeks to obtain through natural means knowledge that cannot be had except from God, or substitutes other teachers for God.

(b) It contains the invocation of evil spirits, for the information sought surpasses the powers of nature and, being illicit, cannot be expected from supernatural powers that are good (such as God, the Angels, the Saints).

(c) The invocation is explicit or implicit. There is explicit calling on the evil spirits when one prays to the demon or makes an agreement with him; there is implicit invocation when one does not address an evil spirit, but does employ means for the discovery of knowledge which are not adequate, either from their nature or from the will of God, for the desired effect.

(d) The knowledge desired is of future or occult things, that is, of such things as cannot be foreseen in their causes or discovered by natural means (such as the future acts of free beings, the secret thoughts of the heart).

2283. Distinction between the Fact and Sin of Divination.—(a) The fact of divination—that is, the actual manifestation by evil spirits of things humanly unknowable—is not impossible, since the demons are far superior to man in intelligence and knowledge, and it is the teaching of revelation that they use their powers to mislead and seduce mankind. Their knowledge, however, does not extend to future contingencies, nor to the secrets of hearts, and their word cannot be relied on. A case of real communication by an evil spirit is that of the girl of Philippi possessed by a pythonical spirit (Acts, xiv. 16-18), and some think that the same can be said of the Witch of Endor (I Kings, xxvii. 7-25); but no doubt there have been many instances of divination in which the intervention of demons was only imaginary.

(b) The sin of divination is committed when one has the will to receive occult knowledge from forbidden sources, or uses the means to obtain knowledge from those sources, even though there be no communication or response on the part of the spirits of evil.

2284. Forms of Explicit Invocation.—Divination in which there is explicit invocation of the demon is of various kinds according to the medium through which instruction is given or expected.

(a) Thus, the medium is direct if it is an external sensible appearance representing the demon (_praestigium_) or an internal picture in the imagination or a dream containing his answer (oneiromancy).

(b) The medium is indirect and rational when it is a human being, dead or living. Divination through the evocation of the departed is known as necromancy, while that which is given through living possessed persons is called pythonism. Modern Spiritism partakes of the character of both necromancy (since the spirits of the departed are consulted) and pythonism (since persons supposed to be under the control of familiar spirits act as mediums).

(c) The medium is indirect and irrational when it is some solid body (such as iron, stone or crystal) in which figures or signs appear; idols from which oracles are received; tables or ouija boards from which answers are given by raps or writing; divining rods supposed to lead the way to any hidden person or thing, etc. (geomancy); or some liquid body (hydromancy), or air (aeromancy), or fire (pyromancy), or the entrails of sacrificial victims or natural prodigies, such as lightning (haruspicy). Here also may be mentioned the superstition of ordeal by fire, boiling water, combat, etc., once used to determine the guilt or innocence of an accused person.

2285. Forms of Implicit Invocation.—Divination in which there is only implicit invocation of evil spirits is manifold, just as the natural causes from which preternatural knowledge is expected are manifold. Among the principal forms are the following:

(a) that which is made from the human mind, when clairvoyance or clair-audience is employed. It is supposed that certain persons have the natural gift, at least when in a trance or hypnotic state, of perceiving what is done or said at a distance without any of the normal means of communication, and even of reading minds. This supposed inborn gift is sometimes called second sight or telepathy. Some authorities hold that there is sufficient evidence for vision at a distance as a sixth sense in certain individuals, especially among primitive peoples and persons bound by a tie of blood or intimate friendship. Moreover, many facts learned through telepathy seem to have been verified sufficiently to render telepathy probable. Accordingly, to believe telepathy or to practice it, excluding all superstition and invocation of demons, is not illicit.

(b) divination that is made from the human body in physiognomy, phrenology, and chiromancy. The physiognomist pretends that he is able to discover the hidden character, latent abilities or defects, secret thoughts, etc., by a study of the features or expression of the countenance. The phrenologist claims that he can read the mental and moral traits of a person from the bumps or prominences of the skull. The chiromantist, or palmist, promises to foretell the future, read the past, discover the present secret character and aptitudes of an individual from an inspection of the shape, lines and configuration of his hand and of the character of the lines and marks of his palms;

(c) divination that is made from non-human and necessary events in astrology. This pseudo-science gives predictions about the fortunes of an individual drawn from a study of his horoscope (i.e., the aspect of the heavenly bodies at the moment of his birth) and of certain rules of interpretation;

(d) divination that is made from non-human and contingent events in augury and auspice, which divine from the voices or manner of flight of birds; in omen or portent, which divine the future from some chance happening (such as meeting with a red-haired woman or a hunchback, a sneeze, etc.), in sortilege, which divines by lots or signs arbitrarily chosen (such as the letters that appear on opening a book at random, the numbers or figures that appear when cards are drawn or dice thrown). Superstitions about omens are of two kinds, some happenings being regarded as signs of good luck (e.g., to find a pin), others as signs of bad luck (e.g., to meet a black cat, to spill the salt, to break a mirror, to raise an umbrella in the house).

2286. The Malice of the Sin of Divination.—(a) The Theological Species.—If there is explicit invocation of evil spirits, divination is of its nature a mortal sin that admits of no lightness of matter, for it gives divine worship to a creature, acts on friendly terms with the enemy of God, and prepares one for apostasy and eternal damnation. If there is no explicit invocation of the spirits of evil, the sin is of its nature mortal on account of the implicit commerce with the devil; but generally the sin will be light on account of the dispositions of the offender (e.g., because he is ignorant, or consults divination as a joke or from curiosity, or has no faith in it). Hence, the faithful should be warned not to go to fortune-tellers or put faith in dreams, but, apart from such cases as serious scandal, habitual direction of one’s life by superstition, cooperation in serious sin of a diviner, etc., the sin will usually be venial, at least in young people. Persons who occasionally act or omit to act in some indifferent matter on account of dreams they have had are often excused from all sin on account of the fear or hope which the dreams excited.

(b) The Moral Species.—All forms of divination, it is commonly held, belong to the same species of worship of a false god (Deut., xviii. 10-12). Yet, the confessor should be told about an explicit pact with evil spirits, if there was one, since thus he will be able to decide the gravity of the sin and to make inquiries about other sins that usually accompany such a pact (e.g., blasphemy, promise to serve the devil, sacrileges, etc.).

2287. When Knowledge Is Obtained from God.—There is no sin of divination when knowledge is obtained from God.

(a) Thus, God can communicate directly in a vision or dream, and there are examples of this in Scripture, But generally one should not be guided by dreams as if they were means for supernatural knowledge, since nearly all dreams are produced by natural causes. It is not sinful to believe that a dream of an extraordinary kind (e.g., one in which the future is wonderfully foretold or a warning given, or which produces great spiritual good) was sent by God.

(b) God can communicate through other human beings, and hence it is not superstitious to put faith in the private visions or revelations that have been recognized by the Church, or that have the marks of genuineness required by the Church.

(c) God has sometimes communicated through the instrumentality of irrational beings or by means of portents. Thus, Gedeon took the words of enemy soldiers as a premonition of victory (Judges, vii. 15); Eliezer chose a sign by which to recognize the woman who should be the wife of Isaac (Gen, xxiv. 14); the ordeal of bitter waters was prescribed in Numbers, v. 11 sqq.; Josue discovered the guilt of Achan by lots (Josue, vii. 14), and St. Matthias was elected to the Apostolate by lots (Acts, i. 23-26). But these were exceptional cases in which men were inspired to consult God as they did, and it would be superstitious to seek knowledge in these ways against the will of God. Those who desire light and guidance should have recourse to the teachers God has provided on earth and should pray to God, leaving to Him the ways and means of His answer. Hence, the Church has declared it unlawful, even in private, to call upon the good spirits to give answers through automatic writing (_Collect. de Prop. Fide_, 1894), or to interrogate the dead at spiritistic seances (AAS, 1917, IX, 268). It is not superstitious, however, in a grave matter when there is no ordinary means of instruction at hand, to offer a prayer to God and then have recourse to lots to decide what course shall be followed (Prov., xvi. 33).

2288. When Knowledge Is Obtained Through Natural Causes.—There is no sin of divination when knowledge of the future or of hidden things is obtained through proportionate natural causes or indications.

(a) Thus, knowledge of future happenings is naturally deducible from their necessary causes, when these causes are known. The effect may be predicted with certainty if the cause is so determined to one course that its result is invariable (e.g., the revolution of the earth around the sun always brings on the four seasons of the year); it may be predicted with the greatest probability if the cause is so constituted that almost always it has a certain consequence (e.g., a seed properly planted usually grows into a tree). Hence, there is no superstition in astronomical predictions, weather forecasts by meteorologists, tables of life expectancy drawn up by insurance experts, etc., since these are inferences from known scientific laws.

(b) Knowledge of hidden things is naturally deducible with more or less certainty from the presence of their known causes, or effects, or indications. Hence, a physician is not accused of superstition if he reasons out the character or phase of an internal disease from the symptoms that exhibit themselves. Moralists today generally agree that the use of the magic wand (divining rod, dipping rod, dowser) for the discovery of subterranean springs, mineral deposits, oil wells, etc., is not superstitious, although there is some difference of opinion and uncertainty about the cause of the phenomenon. It is true that many means of detection or discovery, supposedly scientific, are due to misunderstanding of scientific principles or of logic; but their authors, since they rely on natural causes, are guilty of ignorance or quackery rather than superstition.

2289. Use of Lots.—Is it lawful to use lots in settlement of some business, when there is no intention to seek preternatural oracle?

(a) It is lawful to do this, if there is some reason of necessity or utility or amusement to justify the lots, and no injustice or prohibition of law. Hence, if there is no other convenient method of decision, one may use the drawing of straws or cards to decide how lands or goods shall be divided between claimants, or which of several competitors shall receive a reward or office.

(b) It is not lawful to do this, if there is a prohibition of law (e.g., ecclesiastical elections may not be made by lot), or if there is no necessity for the lots (e.g., it is at least foolish to use the Gospels for deciding by lot matters that could be decided by reflection), or if injury is done another person (e.g., to decide by lot when the merits of two contestants are unequal, to practise unfairness in the drawing).

2290. Vain Observance.—Vain observance is a superstition that ascribes to certain things effects for which they have no natural or communicated power.

(a) It ascribes the effects to natural things, but it supposes that in some way supernatural forces, not of religion, are at work in or through these things. Thus, just as in divination, there is in vain observance either an express or an implied invocation of the spirits of evil. The alchemists, who thought there was a philosopher’s stone able to transmute base metals into gold or an elixir that could greatly prolong life, looked to natural causes, and hence to that extent seem to be guilty of false science, rather than of superstition. Scientific materialism, though, is a crasser form of ignorance than any superstition that trusts in super-material powers.

(b) The things which vain observance makes use of are persons, acts, objects, circumstances, happenings, etc. Even sacred things may be employed as the material for vain observance, as happens when some accidental and unnecessary circumstance of a sacred rite (e.g., the size or color of candles) is given the credit of the sacred results. Here again vain observance and divination are alike, since the same means are employed by both.

(c) The effects looked for in vain observance, or the purpose had in view, is some fact or event. It is this characteristic that distinguishes vain observance from divination: the latter aims at occult knowledge, the former at supranatural results. The expected fact or event is something that surpasses the natural powers of physical or human agencies (e.g., sensation without sense excitants, mind-reading without external indications, scientific knowledge without study, bodily feats without corresponding bodily powers, detection of secret and hidden things without human means for detection), or even of the invisible world of spirits (e.g., creation, generation of new substances, evocation of the dead, internal motion of man’s will).

(d) There is no natural power in the things used for producing the substance or mode of the desired effects, that is, no inherent and sufficient force or activity. Hence, vain observance is not to be confused with scientific marvels or natural wonders whose explanation is unknown to the general public, or which cannot be fully explained by scientists themselves. Thus, the baffling tricks of white magic are due to legerdemain, ventriloquism, ocular delusions, and the like; the physiological changes (e.g., convulsions, hysteria, somnambulism, bodily cures) produced in mesmerism, hypnotism, thought healing, etc., are explained by suggestion and the motor power of images excited to produce bodily motions, passions, or changes; the mental phenomena (e.g., hyperaesthesia, wondrous visions, increased vigor of mind) of certain drugs such as hashish, mescal and opium, are caused by properties of these drugs.

(e) There is no communicated power in the things employed, that is, no instrumental virtue bestowed by a higher cause. Hence, since Sacraments, sacramentals, and miracle-working relics have from God in a greater or less degree an efficacy for results above nature, there is no superstition in their proper use, But, as was noted just above, sacred things themselves may be used superstitiously, as happens when they are regarded as principal agents, or when, contrary to fact, they are deemed to act infallibly or independently of any human cooperation or disposition.

2291. Forms of Vain Observance.—Among the forms of vain observance are the following:

(a) those by which one puts into use vain ceremonies or objects in the expectation that they will secure certain desired effects, or puts an exaggerated confidence in lawful rites or sacred objects;

(b) those by which one directs one’s life through fortuitous and impertinent happenings in the belief that they have the power to influence one’s fortunes favorably or adversely. This form of superstition is like divination by omens; the difference is that in using omens one chiefly seeks for knowledge of the future, while in observing chance events one chiefly intends the direction of one’s conduct. Examples are found in persons who fear to make a journey on Friday or to begin any important affair during the dark of the moon.

2292. Vain Observances from which Desired Effects Are Expected.—(a) Useful results are sometimes expected, such as knowledge for the mind (notorious art) or health for the body (healing observances). The notorious art consisted in the repeating of certain formulas or the gazing upon certain figures, prayers and fasts at times being added, and it was supposed that these practices would obtain infused knowledge without the necessity of labor or study. Healing observances are remedies used for man or beast that manifestly have no natural curative properties (e.g., a buckeye or rabbit’s foot carried in the pocket to ward off rheumatism).

(b) Wondrous results are sometimes expected, such as the power to bring on storms, telekinesis, materialization, and levitation, through the use of incantations, theurgic sacraments, spiritistic rites, etc. This is known as the black art or black magic.

(c) Evil effects are sometimes expected, such as the power to blight another by a glance (evil eye or fascination), the power to cast a spell over another person by certain spoken words, to bring disease or misfortune on a person by piercing or striking his effigy, to excite impure love for a determinate person by the administration of love philtres or charms, etc. (sorcery, witchcraft).

2293. Distinction between the Fact and the Sin of Vain Observance.—(a) The Fact.—The demons have naturally powers over our world that surpass those of human or physical agents, and it is not impossible for them to produce prodigies or seeming miracles. The magicians of Egypt by enchantments and certain secrets changed rods into serpents, etc. (Exod., vii. 12, viii. 7); the New Testament narrates that Simon the Magician bewitched the Samaritans by his magic (Acts, viii. 11), and it clearly foretells the lying wonders of Satan and Antichrist (Matt., xxiv. 24; II Thess., ii. 9). But there are limits to the power of the fallen spirits; for example, they cannot infuse knowledge, and occultism has contributed nothing to the advancement of science or civilization. Moreover, many effects that have been attributed to demonic intervention were due to natural causes or to fraud (e.g., a large proportion of spiritistic phenomena), or they were supposed to exist only because the popular mind was carried away by excitement or was bent on persecution (e.g., most of the witchcraft accusations of a few centuries ago).

(b) The Sin.—Vain observance in which there is no express invocation of evil spirits is common enough; even religious, educated and practical persons are found to act on superstitious hopes or fears or to put confidence in charms or amulets. But vain observance that includes an express invocation of demons is a comparatively rare sin. It is not impossible, however, that a person should come to such a pass of despair or malice as to wish to have dealings with Satan, or should be so carried away by curiosity, desire of wealth, power, fame, or honor as to be willing to barter his soul in exchange for them. That there were professional wizards from ancient times is a matter of history, and Scripture contains severe prohibitions against dealings with them (Levit., xix. 31, xx. 27; Deut., xviii. 10).

2294. Superstition in Religious Observances.—Superstition is sometimes found even in religious observances. (a) Thus, there is superstition in the observance itself when vain additions are made to an approved usage (e.g., the addition to a prayer against sickness of gestures, breathings, gibberish, etc., that have no significance of reverence for God). (b) There is superstition in the manner of the observance when one attributes the virtue of a sacred rite or object to some unimportant circumstance (e.g., the shape of the reliquary in which a relic is carried, the “propitious” day on which a sacramental was received), or expects from a sacred thing an effect which it has no power to produce (e.g., infallible certainty of salvation from the performance of a certain devotion or the presence of a holy picture or blessed object). It is not superstition, however, to attach significance to circumstances that have a sacred meaning (e.g., holydays, figures that have a religious symbolism), or to put a confidence in sacred things that is based on their character or approved usage (e.g., the hope and trust that blessings will be impetrated and salvation itself through fidelity to an authorized devotion).

2295. Sinfulness of Vain Observance.—The malice of vain observance is essentially the same as that of divination, for in both superstitions the same virtue of religion is offended by the sinful cult that is performed.

(a) Thus, there is mortal sin from the nature of the act, when vain observance is exercised with invocation of evil spirits or with false religious rites (for a serious injury is done to the honor due to God), or when a vain observance is meant to bring a curse or grave misfortune on a neighbor (for a serious injustice is willed).

(b) There is regularly only a venial sin, when a vain observance is of a non-religious kind, consisting in foolish heed given to chance happenings (such as a rabbit running across the road, the mention of death, the presence of a person regarded as a Jonah), or the use of improportionate means (e.g., to change one’s place at a card table in order to change the luck). For usually there is no irreverence in such practices, and at the worst they are foolish and idle acts. Often there is no sin at all, the vain observance being due to ignorance or the wish to joke.

(c) There is no sin at all, but rather subjective virtue, in religious practices to which on account of simplicity or invincible ignorance too much power is attributed, as when one who is faithful to the essential duties of religion has greater confidence in some personal devotion of his own than in them. But superstition of this kind, though in itself it is the least reprehensible form of superstition, may be very harmful and disedifying.

2296. Cooperation in Divination or Other Form of Superstition.—(a) Formal cooperation is of course never lawful (e.g., to act as the medium or one of the deceivers at a spiritistic meeting). (b) Material cooperation is lawful only when there is a proportionately grave reason, no danger of sin, and no scandal. Thus, it seems that no sin is committed by a scientist who assists at a spiritistic seance in order to discover the frauds that are resorted to, or who makes experiments with table turning or planchette movements in order to examine into the theory that the phenomena are due to the action of the persons present.

2297. Doubtful Cases of Vain Observance.—Cases in which it is a matter of doubt or dispute whether divination or vain observance is present.

(a) There is sometimes uncertainty whether an extraordinary fact is due to natural or supranatural causes, Thus, authorities commonly take the position, it seems, that certain phenomena of Spiritism (e.g., the apparently automatic movement of tables on which a group of persons rest their finger tips, the answers to questions that are rapped out by such tables), and of mental healing (e.g., the cure of bodily ailment by sympathy or moral influence), are accomplished through natural powers of matter or mind. But other authorities incline to a supranaturalistic explanation.

(b) There is also at times uncertainty whether a fact or practice has a religious or an irreligious character. As to facts, they sometimes appear to be so marvellous as to pass the natural, and yet it is difficult to determine whether their source is good or evil (e.g., when an ignorant person not noted for piety seems to have a remarkable ability for treating and curing all kinds of diseases). As to practices, they are sometimes susceptible of a religious or a superstitious interpretation. Thus, one who says, “God bless us,” at a sneeze may intend a prayer against sickness; one who knocks on wood after boasting may intend a prayer to Him who died on the wood of the cross, lest he be punished for boasting.

2298. Licitness of Using Doubtfully Superstitious Means.—It is lawful to use means that are only doubtfully superstitious if the following conditions are present:

(a) internally or subjectively, there must be a good conscience about the use of the means. The rule can be followed that what is not certainly of a supranatural character may be regarded as natural, but that what seems to be supranatural is not to be ascribed to God unless it has the marks and fruits of a divine work. When lawfully using means of a dubious character, it is advisable to make an inner protestation that one acts from reasonable necessity, and has no wish to take part in superstition;

(b) externally or objectively, there must be nothing in the object or circumstances or results to make the use of the means illicit. Thus, even though a practice be not superstitious, it may be unlawful because of the immorality of its object or tendency (e.g., frauds used by psychical researchers, obscene messages given by laboratory telepathists), or of its purpose (e.g., table-rapping used as the instrument of pretended religious revelations), or because of the evil consequences for body or soul (e.g., devotees of the ouija board give scandal to others and often end in insanity or suicide).

2299. Irreligiousness.—We now proceed to the four sins that offend religion by defect, namely, temptation of God and perjury, which show disrespect to God Himself, and sacrilege and simony, which show disrespect to holy things (see 2273). Perjury has been treated above (see 2249), and hence we shall consider now only the other three forms of irreligiousness.

2300. Temptation of God.—Temptation of God is a word or deed that puts God to the test to discover whether He possesses or will exercise some perfection.

(a) It is a word or deed, such as a prayer whose purpose is to discover whether God is possessed of knowledge, power or goodness, or an act of defiance performed in order to prove that there is no God.

(b) It puts God to the test, that is, the temptation is not seductive (since it is impossible to influence God to sin), but experimental. He who tempts God desires that God give some proof of His attributes.

(c) It is concerned with God, hence there is no temptation of God if one legitimately tests out the character of a human being. God Himself tempted by trial holy men like Abraham, Job, and Tobias in order that their virtue might be manifested and an example given to others. And of spirits St. John says: “Believe not every spirit, but try the spirits if they be of God, because many false prophets are gone out into the world” (I John, iv. 1).

(d) The purpose is to discover, without regard to the ordinary means of instruction and guidance appointed by God, whether God possesses or will exercise an attribute; that is, temptation of God is due to unbelief or to presumption.

2301. Cases Wherein There Is no Temptation of God.—(a) To seek a proof of divine perfections is not temptation of God, if the purpose is only to find new reasons for what one already accepts, or to experience in an affective way what one already admits speculatively. Hence, a theologian may study the attributes of God with a view to further illumination; hence also, one may prove the sweetness of God or the goodness of His will from the spiritual taste or relish for divine things (Psalm xxxiii. 9; Rom., xii. 2).

(b) To seek a sign of God’s will or a manifestation of His perfections is not temptation of God, if this is done, not from curiosity, ostentation or other vain motive, but from some reason of necessity or great utility, as when Gedeon prayed for a sign that the Lord had spoken to him or was with him (Judges, vi. 17, 37), or when Elias called on Jehovah to show His power before the worshippers of Baal (III Kings, xviii. 37). Hence, he does not tempt God who, when ordinary means of direction fail him in some critical affair, asks humbly for a sign of God’s will; or who in a matter of great moment asks for miraculous help if it be pleasing to God to grant it; or who exposes himself to serious danger for some priceless good that cannot otherwise be had, in the trust that God will be with him.

2302. Kinds of Temptation of God.—(a) In relation to its source, temptation of God arises either from unbelief or from presumption. The former, which is temptation of God in the strict sense, exists when one disbelieves or doubts some attribute of God and seeks to put it to the proof, as when the Israelites in the desert called into question the providence and power of Jehovah (Exod., xvii. 7, Psalm lxxvii. 18, 19), or when a person doubting the Real Presence asks for a miraculous sight of Christ in the Eucharist. The latter sin, which is temptation of God in the wide sense, is committed when a believing person asks without a just cause for a miraculous manifestation of God’s will, or powers, or of some other thing, as when a lazy man asks that his work be done in some miraculous way, or a rash man neglects the ordinary care of his health, asking that God supply for his carelessness. But temptation of God is not to be identified with the theological sin of presumption (see 1081).

(b) In relation to its manner, temptation of God is either express or interpretative. It is express when one intends by one’s word or act to put God to the proof in respect to knowledge, power, reliability, or other perfection (as when the Jews demanded that Christ come down from the Cross, if He were the Son of God) or to satisfy a vain curiosity or boldness (as when Herod asked Christ to work some miracles for his amusement). Temptation of God is interpretative when one does not intend to discover God’s perfections or make presumptuous requests, but nevertheless so acts or omits to act that one’s conduct is useful for nothing except temptation of God, as when a believer rashly promises a miracle to convince an unbeliever, a sick man refuses to use any medical care (Ecclus., xxxviii. 4), a lecturer goes entirely unprepared to his lecture, etc. Prayer made without the proper dispositions is a quasi-temptation of God (Ecclus., xviii. 23), because it is disrespectful and presumptuous; but it is not real temptation of God, nor of its nature mortally sinful, the direct end of the act being laziness or some other state of soul unsuitable to prayer.

2303. Causes that Exclude the Interpretative Temptation of God.—There is no interpretative temptation of God strictly speaking if one acts rashly or encounters danger, but does not at all expect miraculous or special intervention from God. This happens as follows:

(a) when one is unconcerned whether evil results or not, or desires that it may result (e.g., when a person who is tired of life seeks a dangerous occupation for the diversion and excitement it affords, or when a person practises abstinence from certain remedies as an act of moderate mortification);

(b) when one does not wish the evil result, but is so stupid or rash as to believe that an imprudent risk can be taken and evil escaped through chance or good luck, as when a student goes up for a difficult examination with slight preparation, trusting that only the things he knows will be asked.

2304. Refusal of Medicine or Hygienic Care.—(a) If there is a sufficient reason for this conduct, no sin is committed. There may be sufficient reasons of a natural kind (e.g., that the remedies are harmful or useless or too expensive), or of a supernatural kind (e.g., St. Agatha refused all medicines because God Himself was her physician, certain Saints were divinely inspired to make no effort to remove bodily maladies on account of the spiritual profit derived from them).

(b) If there is no sufficient reason for this conduct, it is sinful. Thus, one sins against faith, if the reason for the conduct is disbelief in the existence of evil (e.g., Christian Science or Eddyism attributes sickness and pain to imagination, and says that the only cure is “faith”); one sins by temptation of God, if the reason for the conduct is vain expectation of miracles; one is guilty of suicide or homicide, if the purpose is to end life, etc.

2305. The Sinfulness of Temptation of God.—(a) To doubt the perfections of God, or to call upon the extraordinary Providence of God in disregard of the ordinary Providence He has established is the essence of temptation of God. It is sinful, because it includes either unjustifiable doubt or vincible ignorance in the intellect or presumption in the will. Hence the command given in Deuteronomy (vi. 16): “Thou shalt not tempt the Lord thy God.” But invincible ignorance excuses from sin, and hence many of those who in times past resorted to ordeals by painful or dangerous tests (e.g., walking on burning coals, risking death in deep waters), in order that God might settle a doubtful matter, were, on account of their good faith, guiltless of temptation of God. The practice was condemned by the Church in the ninth century.

(b) To doubt about the positive and unknown will of God, or to call upon the extraordinary Providence of God (i.e., the direct intervention of the First Cause), without disregard of the ordinary Providence (i.e., of second causes appointed by God), is not sinful, if it is justified by necessity. Thus, being unable to resist the nations leagued against him, Josaphat prayed: “As we know not what to do, we can only turn our eyes to Thee” (II Paral., xx. 12). And Our Lord promised the disciples that, when they should be unable to prepare their defense on account of the persecutions to which they were subjected, the Spirit Himself would speak through them (Matt., X. 19), and that He would enable them to do things as difficult as moving mountains when real necessity called for it (Matt., xvii. 19). It is not unbelief to doubt about matters pertaining to God that are really doubtful (i.e., not His perfections, but His positive and unknown will), and hence one does not tempt God who asks for divine guarantees of a religion proposed as divinely revealed (see 795); it is not presumption to ask God for a sign or proof, if God directs one to do this (e.g., Abraham in Gen., xv. 8, was inspired to seek a sign that the promised land would be given his posterity; Achaz in Isaias, vii. 11, was bidden for the sake of others to ask for a sign), or if, when a sign from God seems necessary or very useful, one prays for it prudently and on condition that the request is pleasing to God (e.g., the Apostles in Acts, iv. 30, prayed for signs and wonders in confirmation of their preaching).

2306. The Malice of Temptation of God.—(a) It is a sin directly against religion, for one shows contempt to God when one demands that He prove His perfections, or when one takes the liberty to disregard the ordinary means He has established and to call for others. The sin is less, however, than that of superstition, since temptation of God professes doubt, while superstition professes positive error. Temptation of God offends also against other virtues, such as faith (e.g., when one doubts the perfections of God), hope (e.g., when one presumes that God will do all without one’s cooperation), charity (e.g., when a person exposes his own life to risk or his neighbor to scandal in a vain confidence that the danger will be miraculously averted).

(b) It is a mortal sin from its nature, since it offends religion. But it may be venial on account of the imperfection of the act, as when from weakness of faith or without reflection one asks unnecessarily for a sign (Luke, i. 11-20). It may be venial also from the lightness of the matter, if the temptation is interpretative, as when one presumes on the divine aid in a slight sickness, an unimportant talk, or other small affair.

2307. As a rule temptation of God is only a venial sin, and in an individual case it is rarely mortal, except in the following instances:

(a) when one intends a grave offense against God, as by doubting His goodness, demanding or attempting a miracle to satisfy curiosity;

(b) when one exposes oneself to grave peril, as by leaping from the roof of a high building, refusing all remedies or means of preserving health, neglecting to provide for one’s sustenance, etc., in the expectation that God will miraculously provide;

(c) when one causes grave harm to others, as when a person rashly asking for signs exposes faith to the derision of unbelievers or scandalizes believers.

2308. Sacrilege.—Sacrilege in the wide sense is any sin against the virtue of religion. But in the strict sense, in which it is now taken, it is defined as “the violation of a sacred thing.”

(a) Sacrilege is against a thing, that is, against some person, place or object dedicated to divine worship as a possession of God. Sacrilege differs from the two previous sins of irreligiosity (namely, temptation of God and perjury); for they are against the reverence due to God Himself, while sacrilege is against the reverence due to things on account of their use in the worship of God.

(b) It is against a sacred thing, that is, against the sanctity which a thing acquires from its dedication to God (e.g., when a church or a chalice is consecrated to divine worship, when a virgin is dedicated to God by vow), or from the immunity or privilege conferred on it by the Church on account of its dedication to God (e.g., the clerical privileges of forum and of canon in Church Law). But sacrilege is present only when a sacred thing is attacked in that special quality or relation in which it is sacred. Hence, he who violates the chastity of a virgin consecrated to God is guilty of sacrilege, since it is her chastity that was vowed to God; he who strikes her is also guilty of sacrilege, since he attacks the sacred immunity which the law confers on her; he who calumniates her or steals from her is not guilty of sacrilege, since her name and goods are not consecrated to divine worship nor protected by its special sacredness in law.

(c) Sacrilege is a violation, that is, an action or omission physically or morally injurious to the sacred character of a person, place or thing. The difference between the injury done in sacrilege and that done in simony is that the former injustice belongs to the class of wrongs inflicted in involuntary commutations, such as theft or robbery (see 1748, 1815), whereas the latter injustice pertains to the category of wrongs perpetrated in voluntary commutations, such as buying, selling, or lending. In both cases there is an injury to the property or possession of God, but the difference is that in sacrilege the parties involved are the sacrilegious person acting as aggressor against God, in simony the parties are two men bargaining together to buy and sell the sacred things of God.

2309. What Kind of Consecration Must Be Violated to Constitute Sacrilege?—There are various opinions about the kind of assignment to worship necessary for the sacredness which is injured by sacrilege.

(a) The opinion that seems to be common today holds that the assignment must be made through some public rite or consecration on the part of the Church. Hence, according to this view, the violation of a private vow or resolution is not sacrilegious, but rather perfidious or disloyal. The argument for this opinion is that the public acceptance of the Church, which has control over divine worship, is a necessary factor in making anything sacred to that worship; and that many absurdities would follow from the principle that each individual has the power to give the sacredness in question to his own person, acts or possessions.

(b) According to a stricter opinion, no public assignment is necessary if the consecration is a personal one; and hence the violation of even a private vow of chastity would be sacrilegious. The argument is that even a private vow affecting the person sets it apart as a sacred thing.

(c) According to a still stricter view, no public assignment to worship is necessary, whether the consecration be personal or non-personal, and hence even the violation of a vow to fast would be sacrilegious. The argument is that anything set apart for God’s honor, either publicly or privately, becomes sacred to Him.

2310. Is Sacrilege a Special Sin?—(a) As regards its matter or subject sacrilege may be called, though improperly, a general sin, in the sense that many different classes of sins may be sacrilegious (e.g., murder is sacrilegious when a sacred person is killed, lust is sacrilegious when a person vowed to God is violated; theft is sacrilegious when objects consecrated to divine worship are stolen, etc.).

(b) As regards its form or essence, and hence properly speaking, sacrilege is a special sin, because there is a peculiar deformity contained in the very nature of sacrilege that is not in other sins, namely, the disrespect shown to God through contempt for things that are sacred to Him. Moreover, there may be a sin of sacrilege that is separate from other sins, such as murder, lust, and theft, for example, when the right of asylum is violated.

2311. The Species of Sacrilege.—(a) Personal sacrilege is committed when the sacredness of a person is violated. This happens in the first place when bodily or real harm (e.g., gravely sinful striking, citing before a secular tribunal, subjecting to civil duties or burdens, such as military service) is done to a cleric; and in the second place when a grave sin of unchastity is committed by or with a person dedicated to God by a vow (at least by a public vow) of chastity. Sacrilege committed through bodily or real harm is treated by canonists under the questions of the privileges of canon (Canon 119), forum (Canon 120), immunity (Canon 121). Sacrilegious impurity committed with a person vowed to chastity and sacrilegious impurity committed by a person vowed to chastity are grave sins of lust, even though they be only of thought or desire.

(b) Local sacrilege is committed when the sacredness of a place is injured. A place is considered sacred or religious when it possesses sanctity as being consecrated or blessed for divine worship or for burial of the faithful, namely, churches, public or semi-public oratories, and consecrated cemeteries. Injury is done to the holiness of the place by desecration or profanation. Desecration is the performance in a sacred place of a notorious act of irreverence which so spiritually contaminates it that the divine offices may not be lawfully celebrated therein until the rite of reconciliation has been performed. Canon 1172 enumerates four causes of desecration: the crime of homicide; the injurious and serious shedding of human blood; impious or sordid uses (e.g., if a church were turned into a brothel or gambling den, a dump, or cattle stable), and burial of an infidel or person excommunicated by condemnatory or declaratory sentence. Profanation of a sacred place is a disregard for the religious respect or immunity due to it which in some way materially contaminates it (e.g., if a church is not kept nice and clean; if markets and fairs are held in its precincts; if it is used for shows, plays, moving pictures, banquets, court proceedings; if the right of asylum is violated; if the church is broken into, seriously defaced, burned). These matters are treated more fully in commentaries on Canons 1172 sqq.

(c) Real sacrilege is committed when the sacredness of an object is violated. An object is sacred when it contains the Author of holiness or confers holiness (viz., the Eucharist and the other Sacraments), when it is naturally related to the Sacraments or sacred persons (e.g., the sacred vessels, images and relics of the Saints), when it is set aside for the uses of worship (e.g., holy water and other sacramentals, candles for the altar) or the maintenance of the Church or its ministers (viz., movables and immovables of a parish, money left for the support of the clergy, seminarians, etc.). Injury is done to the holiness of an object by unworthy treatment or by unjust damage or conversion. Examples of unworthy treatment are the following: the invalid or sinful administration or reception of a Sacrament, parodies of Sacred Scripture, scandalous manner of enacting sacred rites or saying prayers, use of sacred chalices or other sacred vessels or of blessed articles for profane purposes, use of unblessed holy articles for sordid or ignoble purposes, handling of chalices, etc., by those who have no right to touch sacred vessels (Canon 1306). Examples of unjust damage or conversion are: contemptuous breaking or burning of relics, oils, pictures used for worship; theft of moneys or goods belonging to the Church.

2312. Special Cases Regarding Local Sacrilege.—Local sacrilege is not committed by every sin, even though grave, that is done in a holy place, for the character of this sacrilege is that it be such an injury to the sacredness of the place as to make what should be hallowed seem horrible, or contemptible, or common. Hence, there is no sacrilege in detractions, lies, perjuries, blasphemies, or in most internal sins, when committed in a church or cemetery. But there are two kinds of sins which are sacrilegious profanations of holy places, namely, theft and impurity.

(a) Theft in a holy place is certainly sacrilegious when the thing taken is sacred (e.g., a chalice, money in the votive stands). It is probably not sacrilegious when the thing taken is not sacred (e.g., the pocketbook of a person kneeling in the church), and if the thing taken was not left in the custody of the place. This matter, however, is disputed.

(b) Impurity, if external and perfect (_voluntaria effusio seminis_), is sacrilegious, though under the Code it does not seem to be a desecration. The same is probably true of external but imperfect sins (such as touches, looks, words, gestures). Internal acts of impurity are not sacrilegious, unless they include a desire to sin externally in a holy place.

2313. Cases Wherein There Is No Sacrilege.—In the following cases no sacrilege is committed:

(a) when the thing violated is not sacred. There is no personal sacrilege in an act of unchastity committed by a person privately vowed to chastity (common opinon). While some authors teach that personal sacrilege is committed by the violation of poverty and obedience (see Merkelbach, _Summa Theologiae Moralis_ II, n.804, 4), it seems better to hold the opposite opinion and restrict personal sacrilege to violations of chastity by persons with religious vows or admitted to the religious state. There is no local sacrilege in the profane use of a place devoted to works of piety but not specially set apart for them by Church authority (such as a private oratory, or a hospital conducted by the laity), nor in the burial of infidels in an unblessed graveyard. There is no real sacrilege in profane use of things which are not set apart exclusively for sacred use (e.g., to use the candelabra and candles of the altar to read by in one’s room), or which have not been made sacred (e.g., to steal money promised but not delivered to the Church or the personal belongings of a cleric);

(b) when the thing injured is sacred, but the action or omission is not opposed to the attribute in which it is holy, or to a law made to ensure respect for it. Thus, a person who has the vow of chastity does not commit sacrilege if he becomes intoxicated or uses profane language, for he was not consecrated against those sins; a sacred place is not sacrilegiously violated by an act not opposed to its holiness or the respect demanded for it by the law (e.g., organ recitals or awards for Christian Doctrine in church, sale of candles in the vestibule, physical violence against a disturber of divine service). Sacrilege is not done in reverently destroying an old and tattered vestment, in respectfully handling agnus deis, relics, unused palls, and other objects that may be touched by all.

2314. Sacredness as Aggravating Circumstance of Sin.—But a sin that is not sacrilegious is often made worse by reason of the sacredness of some thing with which the sin is connected. (a) Thus, the sin is aggravated by such circumstances as person and place. In this way it is worse for a person vowed to God to blaspheme or lie than for one who has no vow; it is worse to carry on frivolous or calumnious conversations in church than on the street. (b) The sin receives the additional malice of sacrilege if the sinner expressly intends the circumstance of time, place, etc., in order to show contempt. Thus, it is not sacrilege to get drunk on a Sunday or holyday, unless one wishes by the sin to show dishonor to the sacred time; it is not sacrilege to conduct oneself with levity in church, unless one wishes by the levity to show contempt for the place.

2315. The Malice of Sacrilege.—(a) The moral malice of sacrilege is that of irreligiousness (see 2299). The three kinds of sacrilege (personal, local and real) are commonly regarded as three distinct species of sin; for, just as injuries done to a man’s person, to his immovable property, and to his movable goods are looked upon in law as different kinds of offenses, so are injuries offered to the ministers of God, the house of God, and the objects used in the service of God unequal in the dishonor which they give to God before the public. More probably there are no sub-species of these three classes of sacrilege. Hence, in so far as the disrespect to God is concerned, there seems no essential difference between the sin of violating and that of striking a consecrated virgin.

(b) The theological malice of sacrilege is mortal from the nature of the sin. Just as it is gravely insulting to a man to treat his representatives or his home or chattels with contempt, likewise disrespect for the things of God is disrespect for God Himself. The seriousness of sacrilege is seen from the punishments visited on Core, Dathan and Abiron (Num., xvi), on the sons of Heli (I Kings, ii. 17, iv. 11), on King Balthasar (Dan., v. 2 sqq.), and on the sellers in the temple (John, ii. 14). Sacrilege may be venial, however, on account of the imperfection of the act (e.g., when one strikes a priest without reflecting that he is a clergyman) or the smallness of the matter (e.g., to quote Scripture in a decent joke, to use altar linen that is only slightly soiled or torn, to touch the chalice without permission, to steal a few pennies from a church).

2316. Conditions that Govern Gravity of Sacrilege.—To decide in a concrete case whether a sacrilege is gravely or lightly sinful, one should consider the internal state of mind of the offender and the external character of the offense. (a) Thus, if the purpose is directly and formally to dishonor God, the sin is grave, but, if there is some other purpose, it may be light. (b) If the thing dishonored is more closely related to God, or if the act of dishonor is in public estimation more insulting, the sin is more serious. Unworthy treatment of the Eucharist is the worst of sacrileges; ill-usage of a sacred person is worse than disrespect for a sacred place; treading the Sacred Species under foot is more contemptuous than an unworthy Communion, etc.

2317. Simony.—Simony derives its name from Simon Magus, the first person in New Testament times, as far as we know, who committed this crime. For it is written of Simon (Acts, viii. 18 sqq.) that he attempted to buy from St. Peter the power of imposition of hands. But the sin was not unknown in the Old Testament, as we see from the examples of Baalam (Numb., xxii. 7), Giezi (IV Kings, v. 20 sqq.), and Jason (II Mach., iv. 7 sqq.).

2318. Definition of Simony.—Simony is defined as “the studied will to buy or sell for a temporal price or consideration something that is spiritual either intrinsically or extrinsically.”

(a) Simony is in the will, for it is an act of injustice pretending to have or to receive the right of dominion over spiritual things that belong to God alone, and injustice is a vice of the will. Hence, simony is not an internal sin of the intellect; for, though one who practises simony externally makes to some extent a profession of belief in the heresy that man is the owner of spirituals and gives grounds for the suspicion that he holds that the sale of spirituals is lawful, yet he may know well that the things of God are priceless and still wish to give or receive a price for them. Again, simony is not to be identified with the external act of bargaining for spirituals; for, though the law punishes only external or completed simony, the guilt and malice of the sin is present even when one has the desire to traffic in spiritual things, but makes no overtures or compact.

(b) Simony is a studied will; that is, it is an act of free and deliberate choice selecting some form of internal or external simony as a desirable means. Hence, it is not sufficient for the sin of simony that there be an internal wish not fully voluntary on account of inculpable ignorance or imperfect consent; nor, on the other hand, is it necessary for incurring the guilt of simony that there be a mutual pact, but it suffices that one party alone have the will to make the pact or to obligate another party to simony.

(c) It is a wish to buy or sell, that is, to give or receive a temporal thing in exchange for a spiritual thing. There is question here, then, not only of the contract of sale, but of any other form of onerous contract, such as hire, rent, loan, exchange, _do ut des_, _facio ut facias_, etc. To be simoniacal, however, a contract need not be fulfilled or explicitly manifested; it suffices that it be unfulfilled or tacitly made, if the sinful intent can be gathered from the circumstances of the case. Hence, from the present part of the definition it follows that there is no simony in a gratuitous contract (e.g., when one gives a gift to another hoping and expecting that the later from gratitude will give in return something spiritual which it is lawful to bestow from gratitude; when a poor person offers to make a novena for benefactors who give him an alms). It is simony, however, to make an onerous contract under the guise of a gratuitous contract, for example: “I give you this money as a pure gift on condition that you will not be ungrateful but will give me this spiritual favor as a pure gift.”

(d) The price or consideration in simony is some thing, action or forbearance which in some way is of advantage to the recipient. Simony in the strictest sense is committed when a temporal thing is offered for a spiritual thing (e.g., money paid for a Sacrament); simony in the wide sense is committed when, contrary to the law on simony, things like in character are exchanged (2323 a). Thus, if the Church forbids Mass to be exchanged for Mass, or benefice for benefice, or the office of sacristan for that of sexton, transgressors are guilty of the second form of simony.

(e) The matter of simony is something intrinsically or extrinsically spiritual. In general, the spiritual is that which proceeds from God or tends to Him as the Author or End of eternal salvation (viz., the destiny, law, means, works, etc., proposed to us in Christian revelation and religion). Among these things those are intrinsically spiritual that pertain to the supernatural order on account of some inherent character of their own (e.g., grace, Sacraments, Mass, miracles) or some intimate union with things spiritual (e.g., benefices attached to spiritual offices, consecration to be given a chalice); those are extrinsically spiritual that are in themselves temporal, but in church law are treated as spiritual for the sake of reverence to the intrinsically spiritual (e.g., chrism in regard to the material itself of the oil and other ingredients). If the matter of a contract is neither intrinsically nor extrinsically spiritual, there is no simony in buying or selling it (e.g., devotional books, household furnishings of a rectory, personal effects of a cleric).

2319. Temporal Price in Simony.—The temporal price in simony is some temporal good or advantage. St. Gregory the Great distinguishes three kinds of simoniacal prices as follows:

(a) the price from the hand (_munus a manu_) is either money or things that have a money value, such as movable or immovable property, corporeal or incorporeal rights. It would be simony to give a benefice in exchange for a sum of money, for a loan, for real estate;

(b) the price from the tongue (_munus a lingua_) is any kind of patronage, such as praise, recommendation, protection, defense, opposition to competitors, etc. It would be simony to confer a benefice in exchange for the influence in one’s favor which the recipient of the benefice would exercise with some powerful person, for his vote in an election, etc.;

(c) the price in service (_munus ab obsequio_) is any kind of temporal labor or assistance given for another’s benefit, such as the management of his business or the instruction of his children. It would be simony to grant a benefice in exchange for work done as secretary, treasurer, or advisor.

2320. The Spiritual Thing in Simony.—The thing inherently spiritual in simony is also of three kinds. (a) That which is spiritual from its nature is a thing that is supernatural in itself, such as sanctifying grace, the Gifts of the Holy Ghost, and the power of orders or of jurisdiction. (b) That which is supernatural from its cause is a thing produced by a supernatural agency or power, such as health obtained through miracle. (c) That which is supernatural from its effect is a thing having the virtue of producing supernatural results, _ex opere operato_, or _ex opere operantis_, or as an occasion (e.g., Sacraments, prayers, sermons).

2321. Temporal Thing United with Spiritual.—In the two following ways things are made spiritual in reference to simony through intimate union with spirituals: (a) by necessary connection, when a temporal thing is so annexed with a spiritual thing that it cannot exist without it. This includes the things annexed consequently, and perhaps also those annexed concomitantly and intrinsically (see 2322); (b) by contractual connection, when a spiritual and a temporal are the partial objects of a contract, as when in the sale of a consecrated chalice the price is raised on account of the consecration.

2322. Temporal Thing Annexed to Spiritual.—In three ways a temporal thing is annexed to a spiritual thing.

(a) The temporal thing is annexed antecedently if it precedes the spiritual thing as its prepared or appointed or presupposed matter or subject. Thus, all things that receive a consecration or blessing (e.g., chalices, rosaries) or a property to which a right of patronage is attached are of this kind. Relics are properly of this category, but, since they have usually no material value, it is customary to include them amongst spirituals.

(b) The temporal thing is annexed concomitantly if it is simultaneous with the spiritual thing as being the action or labor that produces it. If the union is essential and inseparable, the temporal thing is said to be annexed intrinsically (e.g., the work performed in saying Mass, preaching, making a sick call); if the union is not essential, the temporal thing is said to be annexed extrinsically (e.g., the special work performed in saying Mass, if it has to be sung, or said in a distant church, or at a determined hour).

(c) The temporal thing is annexed consequently when it presupposes the spiritual thing as the cause on which it depends. Thus, the revenues of a parish are a temporal thing, but they follow on the pastoral office which is a spiritual thing.

2323. The Various Kinds of Simony.—(a) In reference to its matter or the law violated, simony is either against natural and divine law or against positive ecclesiastical law. Simony against divine law consists in the exchange for temporalities of things that are spiritual or intimately annexed to the spiritual (see 2321), such as Sacraments, indulgences, or jurisdiction. Simony against church law consists in an exchange that has the appearance of simony against divine law, or that easily leads to simony against the divine law, and is consequently forbidden by the Church in order to safeguard religious respect for sacred things, as when one violates the law by taking money for holy oils. In the former kind of simony, things of different orders (spirituals and temporals) are exchanged one for the other; in the latter kind of simony, things of the same sort (spirituals for spirituals, temporals for temporals, etc.) are exchanged where the law forbids (Canon 727).

(b) In reference to its manner, or the way in which it is committed, simony is internal or external. Internal simony is the will, without the external agreement, to exchange spirituals for temporals; it is purely mental if nothing external is done by reason of the internal will; it is not purely mental if something external is done by reason of the internal will (e.g., if the person who desires to commit simony makes a money present to another in the hope that the latter will feel morally bound to give something spiritual in return, or if one gives something spiritual looking for a substantial gift of money as compensation). External simony is an outward pact freely entered into between two parties to exchange spirituals for temporals. It is called purely conventional, if neither party has as yet performed his part of the agreement; it is semi-real or mixed, if one of the parties has executed his part; it is real if both parties have performed, at least in part, what they agreed to. A simoniacal compact is explicit, if expressed by clear words or signs (e.g., “I will pay $100 for your vote”); it is tacit, if circumstances indicate the evil intention (e.g., very unusual presents given before an election).

2324. Confidential Simony.—Simony committed in reference to benefices is called confidential because the contract is illegal, giving no judicial protection, and there is only the confidence or reliance on another’s word to give assurance that the agreement will be kept. Canonists discuss at length the following contracts in which it is committed:

(a) the contract _per accessum_ grants a benefice with the agreement that the grantee will later resign, so that access to it may be had by the grantor or a third party at present incapable;

(b) the contract _per ingressum_ resigns a benefice not yet taken possession of with the understanding that the person who now enters into possession will leave the place open for his predecessor if he himself resigns or is promoted;

(e) the contract _per regressum_ resigns a benefice already possessed with the understanding that it may be recovered by the person now resigning or by a third party;

(d) the contract _per reservationem partis_ obtains a benefice for another with the stipulation that he will pay a certain percentage of its revenues to the person who obtains it for him or to a third party (see Canon 1441).

2325. Simony Against Divine Law.—Simony against divine law is committed in reference to spiritual things when a temporal price is formally or virtually given or received for them.

(a) Thus, the temporal thing is formally set up as the price, when it is regarded or treated as the end of the spiritual thing or action itself (_finis operis_), one of the things exchanged being used as the measure of value of the other. This happens when a person wills to buy or sell a spiritual thing, either because he thinks that its value may be expressed in terms of money or other temporal thing, or because he judges that he should treat it as though money were its equivalent, as when one fulfills a spiritual office and excludes every other motive than that of lucre (Denzinger, n. 1196).

(b) The temporal thing is virtually set up as the price, when it is intended as the sole proximate end of the agent himself (_finis operantis_), though there is no explicit thought about values or prices or comparisons. This happens when one gives a temporal thing and has no other immediate personal purpose in this act than the acquisition of a spiritual thing, or performs a pretendedly gratuitous service, intending thereby to obligate the beneficiary to the grant of some spiritual benefit, or bestows a “gratuitous” temporal favor as compensation for a spiritual benefit or vice versa (Denzinger, n. 1195). This is simony, for he who explicitly intends only an exchange, implicitly intends a price; and if it were not simony, then simony would be almost entirely an entity of the mind, since it is a very simple matter to will that the temporal thing exchanged shall be not the price, but only the motive of the contract or gratuitous compensation.

2326. The temporal thing is not made the virtual price of the spiritual thing, if there is a lawful proximate motive (i.e., one recognized by the Canons or legitimate custom) for giving the temporal thing and the desire of receiving the spiritual thing is only the remote reason or occasion of the act. For in such a case the temporal thing is given for a lawful purpose and is not the price of a spiritual thing.

Examples: (a) If the recipient of the temporal thing has a right to it, there is no simony. Thus, the ministers of the altar have a right to their support (see 2186), and it is not simoniacal, when asking spiritual things from them (e.g., the application of Mass to one’s intention, the performance of Sacraments and sacred functions), to offer a stipend or fee; (b) if the bestower of the temporal thing gives it freely out of pure friendship, liberality, charity, gratitude or good will, so that it is an absolute gift, there is no simony, even though he hopes or expects that he will receive something spiritual as a mark of appreciation. But “a charitable or friendly gift” may easily be palliated simony; that is, there may be a pretense of liberality to conceal the real purpose of purchasing spirituals with temporals.

2327. Rules of Alexander III for Determining Simony.—Alexander III gave several rules for determining whether a gift is made from liberality or with simoniacal intent.

(a) The following are marks of simoniacal intent: the quality of the giver (e.g., that he is poor, or in great need, or not customarily generous), the quantity of the gift (e.g., that it corresponds with the value of a vacant benefice, that it is surprisingly large), the time of the gift (e.g., that it is made when the donee is not in any special need, or when he is about to confer an office, or after hints have been made). If a gift is bestowed in connection with a spiritual thing received, the presumption is for simoniacal intent, unless there was a sincere and reasonable motive for the gift.

(b) The following, on the contrary, are marks of a liberal intent: the quality of the giver (e.g., that he is wealthy, noted for kindness and compassion, or liberal to all, or is a relative of the donee); the quantity of the gift (e.g., that it is small or normal in size), the time of the gift (e.g., if it is made when necessity, festal occasion, or the like calls for it).

2328. Simony against Divine Law in Reference to Things Annexed to Spirituals.—(a) It is simony against divine law to buy or sell things annexed to spirituals consequently (e.g., the revenues of a benefice) or concomitantly and intrinsically (e.g., the ordinary labor and fatigue connected with preaching, saying Mass); for in the former case the temporal grows out of a spiritual and is morally one with it, while in the latter case the temporal has no value except in so far as it is joined with the spiritual.

(b) It is not simony against divine law to buy or sell things annexed to spirituals antecedently (e.g., blessed candles, sacred vestments), if the price is not raised on account of the spiritual thing, or things annexed concomitantly and extrinsically (e.g., the extraordinary labor and fatigue caused by saying Mass in a distant place or at a late hour); for in both cases the temporal has its own proper value and is not considered as inseparable from the spiritual. There is simony against divine law, however, if the price is raised on account of the spiritual part (e.g., if something is added for the blessing given a candle), and simony against church law if the transaction is forbidden as simoniacal (e.g., deductions and payments made in the act of preferment to a benefice are contrary to Canon 1441).

2329. Conditions Necessary for Simony against Ecclesiastical Law.—(a) There must be an exchange through some kind of onerous contract, but it suffices that the understanding be tacit and non-executed, as was explained above (see 2323).

(b) There must be a law of the Church which, from a motive of respect for sacred things, forbids the exchange.

(c) The simoniacal exchange is made, whether a temporal annexed to a spiritual is given for another temporal annexed to a spiritual (e.g., benefice for benefice), or a spiritual for a spiritual, or a temporal for a temporal. Canonists enumerate the following as examples of simony of ecclesiastical law: gifts made in connection with a competitive examination for a parochial benefice, with ordination or grant of certain testimonial letters (Canon 545), with erection of confraternities; sale of blessed oil or chrism, or of the right of patronage (Canon 1470); remuneration for collection of stipends or for expenses of Mass (Canons 840, 1303).

2330. Certain and Uncertain Simony.—(a) Cases in which simony is certain are the administration of Sacraments or sacramentals to the unworthy for the sake of the fee or favors, the sale of indulgences, taxes or charges made contrary to law (e.g., for a Mass of bination). Other examples are given in 2323 sqq. The Church demands that certain ministrations (e.g., Confirmation, Eucharist, Penance, Extreme Unction, Orders) be gratis, but there may be local customs or conditions that justify exceptions. Some moralists teach that there is no simony when a stipend is exacted for an obligatory ministry, if the simoniacal motive is absent.

(b) Cases in which simony is controverted are those in which a tax or stipend in excess of what is just or lawful is exacted (e.g., a Mass stipend higher than custom permits). Some claim there is simony, because the excess must be for the spiritual thing; others hold that there is no simony, but only an unjust increase in the stipend allowed for support; others say that there is no simony in the internal forum if the intent is not simoniacal, but that there is simony in the external forum on account of the presumption of simoniacal intent.

2331. Doubtful Cases of Simony.—In some gifts and payments the presence or absence of simony depends on the object for which they are given.

(a) Thus, when they are given for omission of a spiritual act, there is simony if the omission includes the exercise of spiritual power (e.g., to omit absolution is to retain sins or censures); there is no simony if the omission is the mere exercise of free will (e.g., to omit Mass, confession).

(b) When they are given for omission of opposition or annoyance, so that one may be able to obtain some office or benefice, there is simony if the temporal thing is thereby given for the benefice itself or for the way to it (i.e., if one has no strict right to the spiritual thing, or if the opposition is just), as when the candidate for a benefice pays a competitor to withdraw, or pays an accuser to keep silence; there is no simony if the temporal thing is given for freedom from unjust vexation (i.e., if one has a strict right to the spiritual thing and the opposition is clearly unjust, as when one who has acquired a right to an office pays an enemy to desist from placing impediments). The payment made by Jacob to Esau for the birthright, to which Jacob was entitled by divine disposition, may be regarded as having had for its end, not the paternal blessing and other spiritual rights of the first-born, but immunity from persecution by Esau.

(e) When they are given for instruction, there is simony if the instruction has for its direct purpose the spiritual benefit of the disciple (e.g., catechetical instructions, sermons, spiritual direction); there is no simony if the instruction has for its direct purpose the improvement of the mind or the utility or advantage which the disciple will derive from it (e.g., instruction in theology, preparation for examinations).

(d) When they are given for admission to religious life, there is simony if the money is paid for the religious state itself, the vows, or other spirituals; there is no simony if the money is paid for the temporal support of the religious institute, that it may be able to meet its expenses.

2332. Cases in Which a Transaction Is Not Simoniacal, but Lawful.—(a) There is no simony when a temporal is given on the occasion of but not for a spiritual. This happens when there is a just title for bestowal of the temporal, such as right of support (e.g., pastors’ salaries, Mass stipends, fees), extrinsic values in a work or object (e.g., the special labor in saying Mass under certain conditions, and, according to some, the special affection one has for a relic, the _lucrum cessans_ on account of some function performed).

(b) There is no simony when something of value is given in exchange, but not for a spiritual, nor in contravention of an anti-simony law. This happens whether like be exchanged for like (e.g., Mass for Mass), or a temporal for a thing associated with a spiritual as the latter’s subject (e.g., money for a rosary or cemetery plot which has been blessed). In the former case there is no prohibition; in the latter, the temporalities have their own distinct values which may be paid for, if the price is not raised on account of the spiritual (see Canons 730, 1539).

2333. Cases in Which a Transaction Is Not Simoniacal, but Is Sinful.—(a) Sins against God.—One who performs functions of religion primarily and principally, as far as his personal motive (_finis operantis_) is concerned, for the salary, stipend or fee, is not guilty of simony, since he does not regard the temporal even virtually as the price of the spiritual. But he does sin by indevotion, and the sin may even be mortal (e.g., a canon goes to choir chiefly because this yields him a living). Offenses committed in the matter of Mass stipends are not called simony in the Code, but the penal law classes them with offenses against religion, as may be seen from Canon 2324. Nepotism, favoritism in giving offices, and political and dishonest maneuvers to obtain church dignities are not in themselves simoniacal; but they are an unworthy and scandalous treatment of sacred things.

(b) Sins against Others.—It is not simony but injustice to deny the Sacraments to parishioners who do not contribute, to overcharge in lawful fees, and also, according to some, to take money for the omission of a spiritual act owed in justice (e.g., for refusal to hear the confession of a parishioner), or to demand money as the stipend for the performance of such a spiritual act (e.g., for hearing a confession). It is disobedience to take money in ways forbidden (e.g., to take Mass stipends in the confessional, to earn money by gambling or trading forbidden in the Canons). Again, it is not strictly simony to put up as the stakes in a game a spiritual thing (e.g., the recitation of the Rosary) against a temporal thing (e.g., ten dollars), for there is no intention to value the spiritual thing by the temporal; but such a practice is scandalous. Greed about getting or keeping money pertains to avarice, not necessarily to simony.

2334. Cases in Which a Transaction Is Not Simoniacal, but Virtuous.—(a) Some acts done in God’s honor (e.g., to purchase a spiritual object, such as a sacred vessel or relic, from a person who would misuse it), when the purchaser intends the prevention of profanation. It is certainly not irreverence to a sacred thing to use means necessary to rescue it from such irreverence.

(b) Some acts done for the good of others (e.g., to give prizes to children who frequent the Sacraments or Sunday school, dowries to young girls that they may be able to enter religion, free education to worthy young men as an inducement to embrace the ecclesiastical state). In all these cases there is no purchase of a spiritual thing, because the temporal is a pure gift, and the spiritual is received, not by the giver of the temporal, but by another. There is no simony in the fees imposed for dispensations or in the alms sometimes prescribed for indulgences; for the temporal is not a price paid for the spiritual, but in the one case either a penance or a charge for expenses, and in the other a spiritual good work and duty prescribed as a condition for a spiritual benefit.

(e) Some acts done for the spiritual good of self (e.g., if one were in danger of death and could be baptized only by a person Who demanded money for the service, it would not be simony to pay the money, since the price would be offered, not for the Sacrament, but for the removal of an unjust annoyance).

2335. Theological Malice of the Sin of Simony.—(a) Simony against the divine law is a mortal sin from its nature and in every instance. No matter how small the spiritual thing that is sold, it is priceless, and a grave injury is done by putting a price on it. Simony is a serious injury to God, since it usurps His place as the only Lord of spiritual things (I Cor., iv, 1), to the spiritual things themselves, since it estimates their worth by vile material gain (Prov., iii. 15; Acts, viii. 20), and to the recipients, who should receive the gifts of God freely (Matt, x, 8). Hence, St. Peter denounced Simon Magus as deserving of perdition (Acts, viii. 20), and in law simony is spoken of as the worst of pests, a cancer, leprosy, a scourge.

(b) Simony against ecclesiastical law is a mortal sin from its nature, since it is forbidden as a protection to religion and under grave sin; but in particular cases it may be only a venial sin, since the church laws do not bind under grave sin, when the matter or the danger is not serious, as was said in 382.

2336. Moral Malice of the Sin of Simony.—(a) Simony is reducible to real sacrilege (see 2311 c). It is treated separately for the sake of convenience, on account of the large number of questions that pertain to it, and also because there is reason to consider it as a distinct species of sin (2308 c). Hence, the moral malice of simony is that of irreligiousness.

(b) Simony of divine law and simony of ecclesiastical law, according to the more common and likely opinion, are alike in moral malice. For although the mere prohibition of the Church does not make a non-sacred thing sacred, it does make the non-sacred thing unsaleable precisely because related to things that are sacred. In other words, the motive of the law is the protection of sacred things against the appearance or danger of simony, and the motive of the law is the factor that determines the moral character of precepts and prohibitions of human law. Thus, to miss Mass on Sunday is a sin against religion, because the Church commands in virtue of religion that Mass be heard on Sunday; to eat meat on Friday is a sin against temperance, because the Church forbids the use of meat on Friday in virtue of temperance. Hence, it is not merely disobedience, but simony, to violate a law which forbids a certain contract because of its nearness to the sale of spirituals for temporals. Moreover, he who willfully exposes himself to the immediate danger of some sin wills the malice of that sin.

2337. Invalidity and Penalties of Simoniacal Contracts.—(a) Every simoniacal contract is invalid and of no force either in the external or in the internal forum, because it sells what is unsaleable under divine or ecclesiastical law. If the contract has to do with benefices, offices or dignities (e.g., “You vote as I wish and I will give you such and such favors,” “You obtain for me such a dignity and I will pay you well”), the appointment to them is rendered null and void, even though the simoniacal act be done by a third party without the knowledge of the beneficiary, unless it be done by that third party to injure the beneficiary or against his protest (Canon 729). Invalidity is also produced in case of simoniacal resignations (Canon 185), commissions (Canon 1441), presentations (Canon 1465, Sec. 2), and prescription does not operate for one who holds a benefice obtained through simony (Canon 1446).

(b) Certain simoniacal contracts subject the guilty parties to special punishments. Thus, the penalty for simony in appointments, elections or promotions to office and dignities is excommunication _latae sententiae_ reserved simply to the Holy See, and deprivation forever of all right of nominating, voting, presenting, and suspension (Canon 2392); the penalty for simony in elevation to Orders or in use of other sacraments is suspicion of heresy and suspension reserved to the Holy See (Canon 2371).

2338. When the Canonical Penalties for Simony Do Not Apply.—(a) Purely mental simony is not subject to ecclesiastical penalties, since the Church does not pronounce on internal acts. But this does not take away the serious guilt in the sight of God. (b) External simony is subject to ecclesiastical penalties, but canonists dispute about the meaning of certain Canons, for example, whether only real simony falls under the punishments _latae sententiae_, whether the penalties of Canons 729 and 2392 apply only to simony of divine law, or to simony of ecclesiastical law as well.

2339. Influence of Simony on Spiritual Effects.—(a) On Effects of the Power of Orders.—Sacraments administered simoniacally are valid, for the law nullifies only the contract made about the Sacrament, not the Sacrament itself. It seems also that in the case of sacramentals (such as simple blessings imposed on articles) the blessing is not lost by sale of the article, provided the price is asked only for the object and not for the blessing. A blessed or consecrated object loses its blessing or consecration when it is put up for public sale (Canon 1305).

(b) On Effects of the Power of Jurisdiction.—Acts of jurisdiction are valid in spite of simony, unless there is special provision to the contrary. Indulgences are lost _ipso facto_, if anything temporal is taken for the indulgenced object (Canon 924). Religious profession, it seems, is valid, even though simoniacal.

2340. Restitution of the Temporal Price Received for a Spiritual Thing.—(a) If the simoniacal contract is semi-real (that is, if the spiritual consideration has not been received), the price must be restored; for we have then the case of an immoral and unexecuted contract (see 1878 d). (b) If the simoniacal contract is real (that is, if the spiritual consideration has been received), the price should be given back; for the case then is one of commutative justice, a temporal price being taken for a thing (e.g., a blessing) that has no temporal price, or for a service that one was bound to give gratis (e.g., parochial sermon by the pastor). But if a service was not obligatory, it is held by some that there is no certain duty of restitution, if the spiritual thing cannot be restored (e.g., when one received a stipend for a Mass of bination or demanded an excessive fee for a sacred function).

2341. Restitution of the Temporal Price Received for Temporal Things Annexed to Spirituals.—Restitution is obligatory as follows: (a) when commutative justice is violated, as when one charges for a blessed candle or rosary in excess of its market value or just price, or when by fear or force one compels another to exchange a chalice for a ciborium; (b) when law or judicial sentence imposes restitution as a penalty for an offense, as when for money one has resigned one’s benefice in favor of another person.

2342. Circumstances of Restitution for Simony.—(a) The Time for Restitution.—If simony is against natural law, restitution is due before sentence; if against ecclesiastical law only, restitution is due only after sentence.

(b) The Person to Whom Restitution Is to Be Made.—Satisfaction should be given to the owner, or injured party (e.g., to the person who was charged for a blessing), or, if this is impossible, to the poor or pious causes. The revenues derived from a benefice simoniacally obtained should be restored to the church to which the benefice belongs, unless this is advantageous to the guilty parties, or probably to charity, or religion, or the successor in the benefice.

(c) Excuses from Restitution.—Impossibility, condonation or the permission of the Church, express or presumed, excuses from the duty of restitution.

2343. Restitution of Spiritual Thing Simoniacally Received.—The spiritual thing simoniacally received must be restored even before the sentence of the judge (Canon 729, Sec.1). (a) Thus, if it is a benefice, office or dignity that was obtained or conferred through simony, it must be resigned; nor may the guilty party keep the fruits, unless he was in good faith and permission is given. (b) If the spiritual thing is something other than a benefice, it should likewise be given up, provided it is of a kind that can be restored (e.g., it is impossible to restore a Sacrament received or a consecration given to a church) and restitution will not cause irreverence (e.g., it would be irreverent to restore blessed objects or relics to the seller if he meant to profane them).