Adventures in Casuistry: Episode 1 – Sanchez on the Marital Debt, Part 1

Eamonn Clark, STL

May I draw your attention to my newly expanded “research” tab, above on the top right. (Email readers, you have to go to the website itself to see). I have added many links to old manuals of moral theology. The authors are listed in no particular order, and they are mostly files accessible through Google Books. The first volume of what I think is the most relevant moral theology text is what I link to, but other volumes and works are searchable below in the “related” section. It is incredible what is available to all, for free.

Almost all of them are in Latin. And they are generally enormous books, meticulously organized, quite searchable, and, for someone whose mind is “wound tight,” they are extremely satisfying to read.

I have known of the manuals for a while, but only in the past few weeks have I really become seriously interested in working through them – in part because I discovered many of them are available for free online, but also because I have been working on some questions related to sexual ethics… I am astonished to find the wisdom on this topic in the older authors being so rich, so vast, and so entirely forgotten. It is a tragedy. (The blame mostly falls on the myriad of things going on in the 19th century, including, we must admit, the rise of neoscholasticism. The manuals in general started to fall out of favor around this time.)

Therefore, in order to make a small contribution to the recovery of the manualist tradition, which ought to be revived to some extent, and to help expose new students like myself to these treasure troves of theological acumen, I will be posting some texts from them once in a while, with a translation, maybe even a few comments.

Today, flowing from my studies on marriage and sexuality, we dive into Thomas Sanchez, SJ’s immense work on marriage, De Matrimonio, which is one of the most important texts on the topic in the history of theology. It is a HUGE work, divided into 10 books over 3 volumes, with hundreds of questions addressed. Today, we are looking at the introduction to Disputation VIII, in Book 9 (On the Marital Debt), which we find on page 193 of Volume 3.

I am working on my Latin… I start, I admit, with Google Translate, and I go from there. I cannot vouch for the accuracy of all my translations, so be aware of that. If you are a Latinist and want to help, please reach out! (NB: I also might skip over some of the citations which authors make, for simplicity’s sake. You can always just look at the text yourself if you want to know references.)

Sanchez, De Matrimonio, Liber IX, Disputatio VIII (Tomus III, 193) [“Introduction”]

Disputatio VIII: An actus conjugalis vitietur ratione finis ad quem referetur? Et specialiter si solum exerceatur propter bonum sacramenti: nempe, ad significandam conjunctionem Verbi cum carne aut Ecclesia?

Disputation VIII: Is the conjugal act corrupted by reason of the end to which it is referred? And especially if it is exercised only for the good of the sacrament, namely, to signify the conjunction of the Word with the flesh or the church?

Hactenus in genere disputavimus, qualiter sit licitus, et obliget conjugalis actus. Jam de circumstantiis, quibus vitiari solet, agendum est. Et primo de finis circumstantia, quae in actibus humanis primum locum obtinet. Et potest esse multiplex finis illius actus, nempe, prolis, reddere debitum, significatio unius Christi cum Ecclesia, aut cum carne, sanitas corporis, vitatio fornicationis, voluptas, aut alius finis extraneos. In praesentiarum disserimus conjugalis licitus est, relatus in bonum prolis, aut in fidei bonum: nempe, dum exercetur gratia prolis habendae, aut servandae fidei alteri conjugi reddendi ei debitum. Conclusio tanquam certissima statuitur a Magistro 4. d. 11 et D. Th. ili q. 2 . a. 2 et universis Theologis: et ab omnibus utriusque juris professoribus cum Gloss. e. Quidquid 31 q. 2. verb. Ab adulterio. Et constat de bono prolis. Quia cum Deus ad multiplicationem generis humani matrimonium instituerit, illo utens ad hunc finem peccare nequit: alias Deus aliquid illicitum instituisset. De bono etiam fidei constat. Quia tenentur conjuges ex justitia ad debitum sibi mutuo reddendum. Quia ergo, ut huic satisfaciat obligationi, ad conjugem accedit, tantum abest, ut peccet, ut potius opus virtutis et obligatorium faciat.

So far we have discussed in general how the conjugal act is lawful and how it binds. We shall now treat of the circumstances under which it is wont to be vitiated. First, the circumstance of the end, which takes place first in human acts. And there may be a manifold end of that act, namely, children, paying the debt, signifying Christ’s oneness with the Church, or with the flesh, the health of the body, the avoidance of fornication, the pleasure, or other external ends. In the present discussion, a married person is allowed to join in the good of the child, or in the good of faith, namely, when he exercises the influence of having a child, or of keeping the faith in return to the other spouse due to him. The conclusion is established as the most reliable by the Master 4. d. 11 and St. Thomas in q. 2 a. 2 and by all theologians. And it is clear about the good of the child. Because when God instituted marriage for the multiplication of the human race, one cannot sin by using it for this purpose: otherwise God would have instituted something unlawful. It is also evident of the good of faith. Because married couples are bound by justice to pay the debt to one another. And because, in order to satisfy this obligation, the man goes to his wife, so far from being a sinner, he rather does an obligatory work of virtue.

Observare tamen oportet minime sufficere, quod actus conjugalis culpae venialis immunis sit ex finis circumstantia, ipsum referre ad bonum prolis. Nam si in prole sistatur, desiderioque habendi successorem ea intendatur, culpa venialis erit: sed proles intendi debet ad cultum Dei amplificandum. Ratio est, quia alias staretur in creatura, nec bonum esset faeramenti. Natura enim bonum prolis intendit, ut in ipsa species conservetur: bonum autem sacramenti exposcit, ut referatur in Deum. Nec inde inferre licet motum naturae malum esse, sed esse imperfectum; nisi ad aliquod sacramenti bonum referatur. Sic D.Th. 4. d. 31 qu. 2 a. 2 ad. 1 Gerson. p.1 in compenio Theologiae tract. de sacramento conjugii, alphabeto 27 litera O. Tabiena Matrimonium 3 q. 2 s. 3

However, it is far from sufficient to observe that the act of a conjugal act is immune from venial guilt, from the circumstance of the end, that it relates to having a child. For if it is ordered towards having offspring, and it is motivated by an intense desire simply to have a successor, it will be a venial sin; but having offspring should be directed to enlarging the number of those worship of God. The reason is, that otherwise it would be only about creatures, and thus would not be well done. For while it is true that nature intends the good of the offspring to be preserved in the species itself, the good of the sacrament demands that it be referred to God. Nor is it lawful to infer from this that the motion of nature is evil, but only that it is imperfect unless it is referred to some sacramental good. Thus St. Thomas 4. d. 31 qu. 2 a. 2 ad. 1.

Nec tamen reminisci opus est in actu ipso conjugali alicujus ex finisbus licitis, sed satis est, si habitu referatur ad illos. Sicut juxta communem. Theologorum senten. id satis est ad meritum. Atque ita D.Th. et Tabien. num. praeced. allegati dicunt erigi, ut proles actu vel habitu referatur in Deum. Ita docent Veracruz 3 p. Speculi, art. 16. concl. 5. Matienz. lib. 5 recop.t.I.rubr.glos.I. n. 105. Led. 2 p.4.q.5 1. ad fi. Quare satis est, si a principio conjuges matrimonium inierint propter hos fines, nec intentionem ipso actu contrariam habeant, ut actus conjugalis in ipsos relatus censeatur. Ut bene docent Led. et Veracr. ibidem, qua de causa dicit Led. excusari conjuges a multis venialibus. Quod optime etiam explicuit Sylvest. verb. Debitum, quaest. 12. vers. 2 ubi dicens ut actus conjugalis meritorius si, referendam esse prolem ad Dei obsequium: subdit id esse verum, licet de obsequio divino nil cogitetur, sed solum de successore. Quia ex quo conjux est in gratia, nec malum finem intendit, virtute refert in Deum.

However, there is no need to remember anything from the lawful ends of the conjugal act itself, but it is enough if it refers to them in habit. It is approximately the general opinion of the theologians this is enough for merit. And St. Thomas and Tabien. say the same. Surely the preceding say that the procuring of offspring may be referred to God in act or habit. Therefore, it is sufficient that if couples from the beginning had entered into marriage on account of these ends, and they did not have an intention contrary to the act itself, then it would be considered related to their conjugal acts. See Veracruz, (ibid.). And it is for this reason which reason Led. says couples are excused from many venial sins. Sylvest. also explains this very well, where he says, that if the conjugal act were meritorious, that the offspring should be referred to the service of God, he adds, that it is true, even if nothing is thought of divine obedience, but only of a successor. Because since he is a partner in grace and does not intend an evil end, he refers the act virtually to God.

Next time, we will continue on with Sanchez and see what conclusions he draws from the foregoing.

Happy Easter, dear readers!

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