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moral law, from the decalogue and the Gospel, or even from the ethical systems of theology, to the indescribable variety of circumstance which his penitents had to recount, there arose a multitude of problems, and such as perhaps would most command his attention, when they involved the practice of the great, to which he might hesitate to apply an unbending rule. The questions of casuistry, like those of jurisprudence, were often found to turn on the great and ancient doubt of both sciences, whether we should abide by the letter of a general law, or let in an equitable interpretation of its spirit. The consulting party would be apt to plead for the one; the guide of conscience would more securely adhere to the other. But he might also perceive the severity of those rules of obligation which conduce, in the particular instance, to no apparent end, or even defeat their own principle. Hence there arose two schools of casuistry, first in the practice of confession, and afterwards in the books intended to assist it, one strict and uncomplying, the other more indulgent and flexible to circumstances.

8. The characteristics of these systems were displayed in almost the whole range of morals. They were however chiefly seen in the rules of veracity and especially in promissory obligations. According to the fathers of the church, and to the rigid casuists in general, a lie was never to be uttered, a promise was never to be broken. precepts especially of revelation, notwithstanding their brevity and figurativeness, were held complete and literal. Hence promises obtained by

The

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Strict and of it.

lax schemes

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CHAP. mistake, fraud or force, and above all, gratuitous vows, where God was considered as the promisee, however lightly made, or become intolerably onerous by supervenient circumstances, were strictly to be fulfilled, unless the dispensing power of the church might sometimes be suffi cient to release them. Besides the respect due to moral rules, and especially those of Scripture, there had been from early times in the Christian church a strong disposition to the ascetic scheme of religious morality; a prevalent notion of the intrinsic meritoriousness of voluntary self-denial, which discountenanced all regard in man to his own happiness, at least in this life, as a sort of flinching from the discipline of suffering. And this had doubtless its influence upon the severe casuists.

Conveni

ence of the latter.

9. But there had not been wanting those, who, whatever course they might pursue in the confessional, found the convenience of an accommodating morality in the secular affairs of the church. Oaths were broken, engagements entered into without faith, for the ends of the clergy, or of those whom they favoured in the struggles of the world. And some of the ingenious sophistry, by which these breaches of plain rules are usually defended, was not unknown before the Reformation. But casuistical writings at that time were comparatively few. The Jesuits have the credit of first rendering public a scheme of false morals, which has been denominated from them, and enhanced the obloquy that overwhelmed their order. Their volumes of casuistry were

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exceedingly numerous; some of them belong to CHAP. the last twenty years of the sixteenth, but a far greater part to the following century.

by the Je

10. The Jesuits were prone for several reasons Favoured to embrace the laxer theories of obligation. They suits. were less tainted than the old monastic orders with that superstition which had flowed into the church from the east, the meritoriousness of selfinflicted suffering for its own sake. They embraced a life of toil and danger, but not of habitual privation and pain. Dauntless in death and 'torture, they shunned the mechanical asceticism of the convent. And, secondly, their eyes were bent on a great end, the good of the Catholic church, which they identified with that of their own order. It almost invariably happens, that men who have the good of mankind at heart, and actively prosecute it, become embarrassed, at some time or other, by the conflict of particular duties with the best method of promoting their object. An unaccommodating veracity, an unswerving good faith, will often appear to stand, or stand really, in the way of their ends; and hence the little confidence we repose in enthusiasts, even when, in a popular mode of speaking, they are most sincere; that is, most convinced of the rectitude of their aim.

of this.

11. The course prescribed by Loyola led his The causes disciples not to solitude, but to the world. They became the associates and counsellors, as well as the confessors of the great. They had to wield the powers of the earth for the service of heaven. Hence, in confession itself, they were often tempted

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CHAP.
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Extravagance of the strict casuists.

to look beyond the penitent, and to guide his conscience rather with a view to his usefulness than his integrity. In questions of morality, to abstain from action is generally the means of innocence, but to act is indispensable for positive good. Thus their casuistry had a natural tendency to become more objective, and to entangle the responsibility of personal conscience in an inextricable maze of reasoning. They had also to retain their influence over men not wholly submissive to religious control, nor ready to abjure the pleasant paths in which they trod; men of the court and the city, who might serve the church though they did not adorn it, and for whom it was necessary to make some compromise in furtherance of the main design.

12. It must also be fairly admitted, that the rigid casuists went to extravagant lengths. Their decisions were often not only harsh, but unsatisfactory; the reason demanded in vain a principle of their iron law; and the common sense of mankind imposed the limitations, which they were incapable of excluding by any thing better than a dogmatic assertion. Thus, in the cases of promissory obligation, they were compelled to make some exceptions, and these left it open to rational inquiry whether more might not be found. They diverged unnecessarily, as many thought, from the principles of jurisprudence; for the jurists built their determinations, or professed to do so, on what was just and equitable among men; and though a distinction, frequently very right, was taken between the forum exterius and interius,

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the provinces of jurisprudence and casuistry, yet CHAP. the latter could not, in these questions of mutual obligation, rest upon wholly different ground from the former.

faults of

13. The Jesuits, however, fell rapidly into the Opposite opposite extreme. Their subtlety in logic, and Jesuits. great ingenuity in devising arguments, were employed in sophisms that undermined the foundations of moral integrity in the heart. They warred with these arms against the conscience which they were bound to protect. The offences of their casuistry, as charged by their adversaries, are very multifarious. One of the most celebrated is the doctrine of equivocation; the innocence of saying that which is true in a sense meant by the speaker, though he is aware that it will be otherwise understood. Another is that of what was called probability; according to which it is lawful, in doubtful problems of morality, to take the course which appears to ourselves least likely to be right, provided any one casuistical writer of good repute has approved it. The multiplicity of books, and want of uniformity in their decisions, made this a broad path for the conscience. In the latter instance, as in many others, the subjective nature of moral obligation was lost sight of; and to this the scientific treatment of casuistry inevitably contributed.

14. Productions so little regarded as those of the Jesuitical casuists cannot be dwelt upon. Thomas Sanchez of Cordova is author of a large treatise on matrimony, published in 1592; the best, as far as the canon law is concerned, which

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