Contents
Book Four
Fourteenth Distinction
Question One: Whether Penitence is Necessarily Required for Deletion of Mortal Sin Committed after Baptism | Num. 1 |
I. To the Question | Num. 16 |
A. What Remains in a Sinner after Sin has been Committed | |
1. Preliminaries | Num. 17 |
2. Opinion of Others | |
a. Statement of the Opinion | Num. 21 |
b. Rejection of the Opinion | Num. 22 |
3. Scotus’ own Opinion | Num. 28 |
B. What Remains in the Sinner after Sin can be Deleted by some Punishment | Num. 35 |
C. About Voluntary Penalty or Punishment | |
1. About the Thing of Such Punishment or Penitence | |
a. The Penalty or Punishment should be Voluntary | Num. 40 |
b. About the Ways in which a Penalty can be Voluntary | Num. 44 |
2. About the Name of the Aforesaid Penitence | |
a. About the Word ‘Penitence’ when Taken Equivocally | Num. 57 |
b. About the Word ‘Penitence’ Taken Univocally or Properly | Num. 61 |
D. Solution of the Question | Num. 64 |
II. To the Initial Arguments | Num. 71 |
Question Two: Whether the Act of Penitence Required for Deletion of Mortal Sin is an Act of some Virtue | Num. 76 |
I. To the Question | Num. 83 |
A. About ‘To be Penitent’ as an Act of Virtue | Num. 84 |
1. According to the First Signification, which is ‘To Avenge Sin’ | Num. 85 |
2. According to the Remaining Three Significations, which are: To Detest Sin, to Accept Penalty Gladly, to Suffer Penalty Patiently | Num. 121 |
B. Whether Being Penitent as an Act of Virtue is Required for Deletion of Sin | Num. 127 |
1. For Deletion of Sin ‘To be Penitent’ is not Required as an Act of any Determinate Virtue | Num. 128 |
2. For the Deletion of Sin an Act as it is First Generative of Virtue can Suffice | Num. 129 |
3. Whether for Deletion of Sin is Required a Human Act that is Unformed or Formed | Num. 130 |
II. To the Initial Arguments | Num. 151 |
Question Three: Whether Penitence as Virtue is Inflictive of a Single Penalty Only | Num. 159 |
I. To the Question | Num. 167 |
II. To the Initial Arguments | Num. 184 |
Question Four: Whether Guilt is Deleted by the Sacrament of Penitence | Num. 188 |
I. To the Question | Num. 194 |
A. About the Idea of the Name ‘Sacrament of Penitence’ | Num. 195 |
B. Something is Contained under the Idea of the Aforesaid Name | Num. 196 |
1. It is Possible for Something to be Contained under the Idea of the Name | Num. 197 |
2. It is Fitting for Something to be Contained under the Idea of the Name | Num. 198 |
3. Something is Really Contained under the Idea of the Name | Num. 207 |
C. Solution of the Question | Num. 213 |
II. To the Initial Arguments | Num. 220 |
Fifteenth Distinction
Question One: Whether to Every Mortal Actual Sin there Correspond a Proper Satisfaction | Num. 1 |
I. To the Question | Num. 9 |
A. About Satisfaction Taken Generally | Num. 10 |
1. About the Idea of the Name ‘Satisfaction’ Taken Generally | Num. 11 |
2. Whether this Sort of Satisfaction for Guilt is Possible for Man | |
a. Anselm’s Solution | Num. 17 |
b. What Should be Said of Anselm’s Solution | Num. 22 |
c. Scotus’ own Solution | Num. 29 |
3. What Satisfaction Consists In | Num. 32 |
4. Solution of the Question | Num. 35 |
5. About the Separation of Satisfaction from Satisfaction Taken Universally | Num. 40 |
B. About Satisfaction Taken Properly and Strictly | Num. 43 |
1. About the Idea of the Name ‘Satisfaction’ Taken Strictly | Num. 44 |
2. What Such Satisfaction Consists In | Num. 45 |
3. Whether to Every Sin there Correspond its Proper Satisfaction | Num. 46 |
4. Whether One Proper Satisfaction is Separable from Another | |
a. Opinion of Others and its Refutation | Num. 52 |
b. Scotus’ own Response | Num. 55 |
II. To the Initial Arguments of Both Parts | Num. 59 |
Question Two: Whether Anyone Who Has Unjustly Taken Away or Retains Another’s Property is Bound to Restore it so that He cannot be Truly Penitent without such Restitution | Num. 65 |
I. To the Question | Num. 78 |
A. Whence it is that there is Distinct Ownership of Things | |
1. First Conclusion | Num. 79 |
2. Second Conclusion | Num. 83 |
3. Third Conclusion | Num. 87 |
4. Fourth Conclusion | Num. 91 |
5. Fifth Conclusion | Num. 93 |
6. Sixth Conclusion | Num. 99 |
B. How Ownerships, Distinct at the Beginning, are Justly Transferred | Num. 102 |
1. First Conclusion | Num. 103 |
2. Second Conclusion | Num. 111 |
3. Third Conclusion | Num. 120 |
4. Fourth Conclusion | Num. 134 |
5. Two Other Conclusions or Rules | Num. 143 |
6. Two Final Conclusions or Conditions | Num. 152 |
C. What Unjust Taking of Another’s Things is, or What Causing Loss to Another in Matters Temporal is | Num. 158 |
D. How the Holder of Another’s Property is Obligated to Restitution | Num. 170 |
II. To the Initial Arguments | Num. 195 |
Question Three: Whether he who Harms Another in the Goods of his Person, as Body or Soul, is Bound to Make Restitution so he Can be Truly Penitent | Num. 213 |
I. To the Question | |
A. About Losses Inflicted | Num. 219 |
1. About Losses in Goods of the Soul | Num. 220 |
2. About Losses in Goods of the Body | Num. 226 |
B. About Goods to be Restored | Num. 227 |
1. What Could be Established by Statute | Num. 228 |
2. What has Been Established by Statute | Num. 237 |
II. To the Initial Arguments | Num. 245 |
Question Four: Whether he who Causes a Loss to Someone in the Good of Reputation is Bound so to Make Restitution that he Cannot be Truly Penitent unless he Restore his Reputation | Num. 247 |
I. To the Question | Num. 252 |
A. Defaming by Charge of a False Crime | Num. 253 |
B. Defaming by Public Revelation of a True but Hidden Crime | Num. 260 |
C. Defaming by Denial of a True but Hidden Crime Publicly Charged | Num. 261 |
II. To the Initial Arguments | Num. 270 |
Sixteenth Distinction
Question One: Whether these Three, Contrition, Confession, and Satisfaction, are the Parts of Penitence | Num. 1 |
I. To the Question | |
A. About the Many Ways of Taking the Term ‘To Be Penitent’ Num. 9 | |
B. About these Ways of Taking the Term with Respect to Penitence as Virtue | Num. 16 |
C. About these Ways of Taking the Term with Respect to Penitence as Sacrament | Num. 25 |
II. To the Initial Arguments | Num. 27 |
Question Two: Whether Remission or Expulsion of Guilt and Infusion of Grace are One Simple Change | Num. 32 |
I. To the Question | |
A. A possible Solution | |
1. First Conclusion | Num. 39 |
2. The Second Conclusion | Num. 44 |
B. Weighing of the Aforesaid Possible Solution | Num. 53 |
C. Scotus’ own Response | Num. 56 |
1. About a Created Will | Num. 57 |
2. About the Divine Will | Num. 59 |
3. Objections and their Solution | Num. 66 |
II. To the Initial Arguments of the First Side | Num. 76 |
III. To the Reasons Adduced for the First Conclusion | Num. 80 |
IV. To the Initial Arguments for the Other Side | Num. 84 |
Seventeenth Distinction
Single Question: Whether for Salvation a Sinner Needs to Confess all his Sins to a Priest | Num. 1 |
I. To the Question | Num. 17 |
A. By what Precept a Christian is Bound to Make Confession to a Priest of Sin he has Committed | |
1. About Natural Right and Divine or Ecclesiastical Positive Right | Num. 18 |
2. Application to the Issue at Hand of what has been Said | |
a. In the Time of the Law of Nature and of the Mosaic Law | Num. 22 |
b. In the Time of the Gospel Law after Lateran Council IV | Num. 34 |
c. In the Time of the Gospel Law before Lateran Council IV | Num. 35 |
3. The More Reasonable Conclusion is to be Held | Num. 42 |
a. Solution of Others and the Weighing of It Num. 45 | |
b. Scotus’ own Solution | Num. 48 |
B. What the Precept about Confession Includes | Num. 58 |
C. What has Been Articulated Further about the Precept of Confession by Precept of the Church | Num. 72 |
II. To the Initial Arguments | Num. 90 |
Eighteenth and Nineteenth Distinctions
Question One: Whether the Power of the Keys Extends only to Temporal Penalty | Num. 1 |
Question Two: Whether the Keys of the Kingdom of Heaven are Conferred on Every Priest in the Reception of Orders | Num. 8 |
I. To the Second Question | |
A. Solution of the Question | Num. 17 |
1. About a Priest’s First Key | Num. 18 |
2. About a Priest’s Second Key | Num. 32 |
3. About the Distinction between the Aforesaid Keys | Num. 40 |
4. About the Double Power of the Priest in the Use of the Aforesaid Keys | Num. 54 |
5. About the Use of the Two Keys of the Church in the External Forum | Num. 63 |
B. To the Initial Arguments | Num. 81 |
II. To the First Question | |
A. Solution of the Question | |
1. Two Conclusions of Others | Num. 86 |
2. Refutation of the Conclusions | |
a. Against the First Conclusion | Num. 95 |
b. Against the Second Conclusion | Num. 103 |
3. Scotus’ own Response | Num. 107 |
B. To the Initial Arguments of the First Part | Num. 118 |
C. To the Initial Arguments for the Opposite | Num. 125 |
Twentieth Distinction
Single Question: Whether Penitence in Extremities Avails for Salvation | Num. 1 |
I. To the Question | |
A. Two Conclusions | Num. 10 |
B. Proof of the Conclusions | |
1. Proof of the First Conclusion | Num. 12 |
2. Proof of the Second Conclusion | Num. 14 |
C. Two Corollaries | Num. 23 |
II. To the Initial Arguments | Num. 25 |
Twenty First Distinction
Question One: Whether after this Life any Sin can be Dismissed | Num. 1 |
I. To the Question | |
A. About the Penalty Due for Sin Dismissed in this Life the Conclusion is Certain | Num. 9 |
B. About the Penalty for Sin not here Dismissed, and About Sin itself not here Dismissed | Num. 15 |
1. About Mortal Sin | Num. 16 |
2. About Venial Sin | Num. 17 |
a. Opinion of Others | Num. 18 |
b. Rejection of the Opinion | |
α. Against the first Proof | Num. 21 |
β. Against the Second Proof | Num. 32 |
C. Two Corollaries | Num. 40 |
II. To the Initial Arguments | Num. 46 |
Question Two: Whether a Confessor is in Every Case Bound to Hide a Sin Uncovered to him in Confession | Num. 55 |
I. To the Question | |
A. Statement of Five Conclusions | Num. 65 |
B. Proof of the Conclusions | |
1. About the First Conclusion | |
a. Proof of the First Conclusion by Others | Num. 66 |
b. Refutation of the Aforesaid Proof | Num. 67 |
c. Scotus’ own Reasons for the First Conclusion | Num. 77 |
2. About the Second Conclusion | Num. 86 |
3. About the Third Conclusion | Num. 90 |
4. About the Fourth Conclusion | Num. 91 |
5. About the Fifth Conclusion | Num. 103 |
II. To the Initial Arguments | Num. 106 |
Twenty Second Distinction
Single Question: Whether Sins Dismissed through Penitence Return the Same in Number in the Recidivist who Backslides | Num. 1 |
I. To the Question | Num. 9 |
A. Whether it be Possible by the Absolute Power of God for the Same Sin in Number to Return | |
1. Opinion of Others | Num. 10 |
2. Rejection of the Opinion | Num. 11 |
3. Scotus’ own Response | Num. 17 |
B. Whether by the Ordained Power of God the Same Sin in Number could in Any Way Return | |
1. Response | Num. 18 |
2. Objection and its Solution | Num. 19 |
3. Objection to the Last Statement and its Solution | Num. 26 |
4. A Further Objection and its Solution | Num. 30 |
5. Two Corollaries | Num. 37 |
C. How in Fact the Same Sin in Number can be Said to Return in the Recidivist | |
1. Response | Num. 41 |
2. Objections and their Solution | Num. 44 |
3. A First Doubt and its Solution | Num. 59 |
4. A Second Doubt and is Solution | Num. 61 |
II. To the Initial Arguments | Num. 63 |
Twenty Third Distinction
Single Question: Whether Extreme Unction is a Sacrament of the New Law Num. 1 | |
I. To the Question | Num. 6 |
A. About the Possibility, Fittingness, and Reality of this Sacrament | Num. 7 |
B. About Extreme Unction and its Total Idea | Num. 11 |
II. To the Initial Arguments | Num. 23 |
Twenty Fourth Distinction
Single Question: Whether there are Seven Orders in the Church in the Way in which Order or Ordination is Posited to be a Sacrament | Num. 1 |
I. To the Question | Num. 11 |
A. What an Order is According as we are Now Speaking of Order | |
1. Opinion of Others | |
a. Statement of the Opinion | Num. 12 |
b. Rejection of the Opinion | Num. 13 |
2. Scotus’ own Opinion | |
a. About Order Taken Generally | Num. 16 |
b. About Order Taken Specifically | Num. 20 |
B. How Many Orders there are in the Church in the Way that Order or Ordination is Posited to be a Sacrament | |
1. First Position of Others, Understood in Two ways | Num. 23 |
2. Another Position of Others | Num. 30 |
3. Scotus’ own Position | Num. 34 |
C. Whether Order is a Sacrament | Num. 38 |
D. How the Sacrament of Order is One | Num. 46 |
II. To the Initial Arguments | Num. 48 |
Twenty Fifth Distinction
Question One: Whether Canonical Penalty Impedes Reception and Conferring of Orders | Num. 1 |
I. To the Question | Num. 9 |
A. About Canonical Penalties | |
1. About Canonical Penalty as it is here Understood | Num. 10 |
2. About the Six Canonical Penalties | Num. 13 |
a. About the First Penalty or about Deposition | Num. 14 |
b. About the Second Penalty or about Infamy | Num. 18 |
c. About the Third Penalty or about Irregularity | Num. 24 |
α. Irregularity from Crimes | Num. 26 |
β. Irregularity from Non-Crimes | Num. 32 |
γ. Irregularity from Two Other Sources, at Times with and at Times without Fault | Num. 35 |
d. About the Fourth Penalty or about Excommunication | Num. 40 |
e. About the Fifth Penalty or about Interdict | Num. 49 |
f. About the Sixth Penalty or about Suspension | Num. 51 |
B. How Canonical Penalties Exclude from Conferring or Receiving Orders | Num. 55 |
II. To the Initial Arguments | |
A. To the Arguments of the First Part | Num. 57 |
B. To the Arguments for the Opposite | Num. 60 |
Question Two: Whether Female Sex or Childhood Impede the Reception of Orders | Num. 64 |
I. To the Question | Num. 72 |
II. To the Initial Arguments | Num. 79 |
Twenty Sixth Distinction
Single Question: Whether Matrimony was Established Immediately by God | Num. 1 |
I. To the Question | |
A. Things Worthy of Note that Need to be Set Down First | |
1. Five Main Conclusions | Num. 6 |
2. Proof of the Main Conclusions | |
a. Double Proof of the First Main Conclusion | |
α. First Proof | Num. 12 |
β. Second Proof | Num. 19 |
b. Proof of the Second Main Conclusion | Num. 32 |
c. Proof of the Third Main Conclusion | Num. 38 |
d. Proof of the Fourth Main Conclusion | Num. 47 |
e. Proof of the Fifth Main Conclusion | Num. 64 |
B. The Application of the Aforesaid to the Question | Num. 74 |
II. To the Initial Arguments | Num. 82 |
Twenty Seventh Distinction
Question One: Whether Matrimony is Suitably Defined as ‘The Marital Union of Man and Woman Retaining, between Legitimate Persons, an Indissoluble Life’ Num. 1 | |
I. To the Question | Num. 6 |
II. To the Initial Arguments | Num. 7 |
Question Two: Whether Consent Expressed in Words is the Efficient Cause of Matrimony | Num. 8 |
I. To the Question | Num. 13 |
II. To the Initial Arguments | Num. 16 |
Twenty Eighth Distinction
Single Question: Whether Consent Alone about the Present Expressed in Words is Cause of Matrimony | Num. 1 |
I. To the Question | Num. 7 |
II. To the Initial Arguments | Num. 9 |
Twenty Ninth Distinction
Single Question: Whether Coerced Consent in One or Both of the Contracting Parties Suffice for Contracting True Matrimony | Num. 1 |
I. To the Question | |
A. Opinion of Others | |
1. Exposition of the Opinion | Num. 11 |
2. Rejection of the Opinion | Num. 12 |
B. Scotus’ own Response | Num. 21 |
1. How Consent Could be Coerced | Num. 22 |
2. Whether Coerced Consent Suffice for Contract of Matrimony | Num. 27 |
3. Some Doubts against the Aforesaid | Num. 34 |
4. Solution of the Doubts | Num. 37 |
II. To the Initial Arguments | Num. 47 |
Thirtieth Distinction
Question One: Whether for Contract of Matrimony a Consent is Required that Follows a Non-erroneous Apprehension | Num. 1 |
I. To the Question | |
A. Solution of the Question | Num. 8 |
B. Corollary | Num. 9 |
C. Doubts | Num. 14 |
II. To the Initial Arguments | Num. 25 |
Question Two: Whether between Mary and Joseph there was True Matrimony Num. 32 | |
I. To the Question | Num. 37 |
A. Between Mary and Joseph there was True Matrimony | Num. 38 |
B. How there Could have been a True Matrimony between Mary and Joseph | |
1. Opinion of Others | Num. 45 |
2. Scotus’ own Opinion | Num. 47 |
II. To the Initial Arguments | Num. 53 |
Thirty First Distinction
Single Question: Whether the Goods of Matrimony are the Three that the Master Sets Down in the Text, namely Faith, Offspring, and Sacrament | Num. 1 |
I. To the Question | |
A. Opinion of Others | |
1. Exposition of the Opinion | Num. 8 |
2. Rejection of the Opinion | Num. 9 |
B. Scotus’ own Response | Num. 13 |
C. Corollary | Num. 33 |
II. To the Initial Arguments | Num. 36 |
Thirty Second Distinction
Single Question: Whether in Matrimony it is Simply Necessary to Render the Conjugal Debt to the Other when Asked | Num. 1 |
I. To the Question | Num. 8 |
A. About the First Circumstance Excusing the Conjugal Debt Universally Taken | Num. 12 |
B. About the Second Circumstance Excusing the Conjugal Debt Universally Taken | Num. 23 |
II. To the Initial Arguments | Num. 29 |
Thirty Third Distinction
Overview of Questions | Num. 1 |
Question One: Whether Bigamy was at Some Time Licit | Num. 4 |
I. To the Question | Num. 8 |
A. What is Required on the Side of the Contracting Parties for Strict Commutative Justice in the Matrimonial Contract | Num. 9 |
B. What, in the Event, Suffices for this Justice and How it May Become Sufficient and Completely Just | Num. 15 |
II. To the Initial Arguments for the First Side | Num. 22 |
III. To the Argument for the Opposite | Num. 28 |
Question Two: Whether a Bigamist before Baptism Could after Baptism be Promoted to Holy Orders | Num. 29 |
I. To the Question | Num. 33 |
A. What is to be Maintained | Num. 34 |
B. For What Cause it Must be Maintained | |
1. About the Cause of Congruity | Num. 40 |
2. About the Cause of Necessity | |
a. Opinion of Others | |
α. First and Second Opinion and the Weighing of Them | Num. 41 |
β. Third Opinion | Num. 49 |
b. Scotus’ own Response | Num. 58 |
II. To the Initial Arguments | Num. 62 |
Question Three: Whether in the Mosaic Law it was Licit to Repudiate a Wife Num. 64 | |
I. To the Question | |
A. First Opinion | Num. 72 |
B. Second Opinion | |
1. Exposition of the Opinion | Num. 78 |
2. Weighing of the Opinion | Num. 82 |
C. To the Arguments for the First Opinion | Num. 86 |
II. To the Initial Arguments that are for the First Opinion | Num. 95 |
III. To the Initial Arguments that are for the Second Opinion | Num. 99 |
Thirty Fourth Distinction
Single Question: Whether Impotency for the Carnal Act Impede Matrimony Simply | Num. 1 |
I. To the Question | Num. 8 |
A. About the Conclusion in General | Num. 9 |
B. About Double Impotence in Particular | Num. 16 |
II. To the Initial Arguments | Num. 29 |
Thirty Fifth Distinction
Single Question: Whether Adultery with Someone while the First Husband is Living Impedes Matrimony with the Same Person after the Death of the Husband | Num. 1 |
I. To the Question | Num. 6 |
II. To the Initial Arguments | Num. 34 |
Thirty Sixth Distinction
Question One: Whether Servitude Impedes Matrimony | Num. 1 |
I. To the Question | |
A. Certain Prefatory Remarks about Impediments to Matrimony Num. 6 | |
B. Solution of the Question | Num. 18 |
1. Whence Servitude was Brought in and Whether it was Justly Brought in | Num. 19 |
2. Application to the Issue at Hand | |
a. Opinion of Others and the Weighing of It Num. 27 | |
b. Scotus’ own Solution | Num. 32 |
II. To the Initial Arguments | Num. 38 |
Question Two: Whether Age of Childhood Can Impede Matrimony | Num. 41 |
I. To the Question | Num. 45 |
II. To the Initial Argument | Num. 50 |
Thirty Seventh Distinction
Single Question: Whether the Sacrament of Orders Impede Matrimony | Num. 1 |
I. To the Question | |
A. Opinion of Others Explicating the Positive Certain Conclusion | Num. 9 |
B. Scotus’ own Opinion | Num. 19 |
II. To the Initial Arguments | Num. 23 |
Thirty Eighth Distinction
Single Question: Whether a Vow of Continence Impedes Matrimony | Num. 1 |
I. To the Question | |
A. On Distinctions of Vow | Num. 7 |
B. Solution of the Question | Num. 12 |
II. To the Initial Argument | Num. 30 |
Thirty Ninth Distinction
Question One: Whether Disparity of Cult Impede Matrimony | Num. 1 |
I. To the Question | Num. 13 |
A. How an Unbeliever Can Contract Marriage | |
1. The Opinion of Some and Rejection of It | Num. 14 |
2. Doubts and their Solution | Num. 22 |
B. How a Believer Could Contract a Marriage with an Unbeliever | Num. 26 |
II. To the Initial Arguments | Num. 35 |
Fortieth Distinction
Single Question: Whether Physical Kinship Impede Matrimony | Num. 1 |
I. To the Question | Num. 8 |
A. Descriptions of Certain Names | Num. 9 |
B. Solution of the Question | Num. 18 |
II. To the Initial Arguments | Num. 22 |
Forty First Distinction
Single Question: Whether Affinity Impedes Matrimony | Num. 1 |
I. To the Question | |
A. On the Notion, Degrees, and Lines of Affinity | Num. 7 |
B. Solution of the Question | Num. 13 |
II. To the Initial Arguments | Num. 16 |
Forty Second Distinction
Single Question: Whether Spiritual Kinship Impede Matrimony | Num. 1 |
I. About Spiritual and Legal Kinship | Num. 5 |
II. About Impediments that Simply Impede Matrimony | Num. 9 |
A. About Such Impediments from the Nature of the Contract | Num. 11 |
B. About Such Impediments by Statute of the Church | Num. 25 |