Moral Theology Part 113

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 Ma.s.s, 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 compet.i.tor 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 ent.i.tled 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 inst.i.tute, 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 t.i.tle for bestowal of the temporal, such as right of support (e.g., pastors' salaries, Ma.s.s stipends, fees), extrinsic values in a work or object (e.g., the special labor in saying Ma.s.s 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., Ma.s.s for Ma.s.s), or a temporal for a thing a.s.sociated 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 G.o.d.--One who performs functions of religion primarily and princ.i.p.ally, 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 Ma.s.s stipends are not called simony in the Code, but the penal law cla.s.ses 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 Ma.s.s 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 G.o.d'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 G.o.d, 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 G.o.d 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 Ma.s.s on Sunday is a sin against religion, because the Church commands in virtue of religion that Ma.s.s 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, 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 _lat sententi_ 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 p.r.o.nounce on internal acts. But this does not take away the serious guilt in the sight of G.o.d. (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 _lat sententi_, 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. Rest.i.tution 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 rest.i.tution, if the spiritual thing cannot be restored (e.g., when one received a stipend for a Ma.s.s of bination or demanded an excessive fee for a sacred function).

2341. Rest.i.tution of the Temporal Price Received for Temporal Things Annexed to Spirituals.--Rest.i.tution 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 rest.i.tution as a penalty for an offense, as when for money one has resigned one's benefice in favor of another person.

2342. Circ.u.mstances of Rest.i.tution for Simony.--(a) The Time for Rest.i.tution.--If simony is against natural law, rest.i.tution is due before sentence; if against ecclesiastical law only, rest.i.tution is due only after sentence.

(b) The Person to Whom Rest.i.tution 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 Rest.i.tution.--Impossibility, condonation or the permission of the Church, express or presumed, excuses from the duty of rest.i.tution.

2343. Rest.i.tution of Spiritual Thing Simoniacally Received.--The spiritual thing simoniacally received must be restored even before the sentence of the judge (Canon 729, 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 rest.i.tution 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).

Art. 6: THE REMAINING POTENTIAL PARTS OF JUSTICE; THE VIRTUE OF PIETY; THE COMMANDMENTS

(_Summa Theologica_, II-II, qq. 101-122.)

2344. Having treated of religion, the chief potential part of justice, we shall new consider the remaining subsidiary virtues of the present group, namely, piety, reverence, truthfulness, grat.i.tude, vindication, friendship, liberality, equity (see 2141-2143).

2345. The Virtue of Piety.--In general, piety is the virtue that inclines one to show due recognition of indebtedness to those from whom one has received life and existence. There are three senses of the word:

(a) in its strictest meaning, it refers to the dutifulness owed to the immediate or secondary causes of our being, namely, parents and country;

(b) in a derived meaning, it is applied to the religious duties owed to G.o.d, who is our Heavenly Father and the First Author of our being.

Hence, those who are faithful to the worship of G.o.d are called pious and the divine services are known as works of piety;

(c) in its widest meaning, piety is applied to works of mercy, since they are most pleasing to G.o.d as a tribute of filial devotion. The merciful man has pity (piety), because his kindness to the unfortunate honors G.o.d more than victims or sacrifices. Hence, since G.o.d is merciful, He Himself is sometimes called pious: "The Lord is compa.s.sionate (_pius_) and merciful" (Ecclus., ii. 13).

2346. Definition of Piety.--Piety in the strictest sense is defined as "a moral virtue that inclines one to pay to father and fatherland the duty of respect and a.s.sistance that is owed them as the authors and sustainers of our being."

(a) It is a moral virtue, one pertaining to justice, and hence it differs from the special duty of charity owed to parents and country (see 1158, 1171 sqq.). Charity loves parents and country out of love for G.o.d whose creatures they are; piety honors them in recognition of the benefits received from them and the authority vested in them.

(b) Piety is shown to father and fatherland; that is, just as religion gives worship to G.o.d in acknowledgment of His excellence and our dependence upon Him, so does piety show due respect to those who hold the place of G.o.d in our respect on earth. Filial piety is owed to the mother as well as to the father, and in a less degree to other relatives, inasmuch as they share or continue the blood of one's parents and may be regarded as representing them (e.g., brothers and sisters, husband or wife). Patriotism belongs to one's native land or the country, nation, state, city, etc., of which one is a citizen; and it should include, not only fellow-citizens, but also the friends and allies of one's country. He who is the adopted citizen of a country should love the place of his birth, but loyalty and obedience are owed to the nation to which he has transferred his allegiance.

(c) Piety offers respect and a.s.sistance. The first duty is owed to parents on account of their position of progenitors and superiors; the second is owed to their condition when they are infirm or dest.i.tute or otherwise in need. It is more probable that filial piety is violated only when the personal goods (e.g., life, health, body, fame, honor) of parents are injured, and that injury to their real goods pertains to fraud, theft or damage, rather than to impiety. Moreover, on account of the community of goods that exists between parents and children, real injuries between them are not rigorously acts of injustice and require more than the ordinary grave matter for serious sin (see 1902).

(d) Piety is owed to parents and country as the authors and sustainers of our being. Thus, it differs from legal justice, which is the duty owed the State or community, precisely as it is the whole of which one is a part. It differs likewise from commutative justice, which is obligatory in agreements with parents or other superiors, for the duty is then owed them as partners to a free contract. On account of this n.o.bility of the formal object, filial piety and patriotism are very like to religion and rank next after it in the catalogue of virtues.

2347. The Reverence Required by Piety.--(a) Parents should be honored internally by the esteem in which their parental dignity and merits (not their personal failings) are held; externally, by the marks of respect customarily shown to parents.

(b) Relatives should receive a lower degree of respect commensurate with the nearness and quality of the kinship. Thus, parents should treat their children with the consideration owed to members of the family, and not as servants or strangers, brothers and sisters and relatives of remoter degree should give one another that courtesy and regard which respect for common parents or ancestors calls for. Lineal relatives are nearer than collaterals, and elder relatives (such as grandparents, uncles and aunts) are more ent.i.tled to respect than younger relatives (such as grandchildren, nephews and nieces).

(e) Country should be honored, not merely by the admiration one feels for its greatness in the past or present, but also and primarily by the tender feeling of veneration one has for the land that has given one birth, nurture and education. Even though a country be poor and humble, it should be patriotically revered (Ps. cx.x.xvi). External manifestations of piety towards country are the honors given its flag and symbols, marks of appreciation of its citizenship (Acts, xxi. 39), and efforts to promote its true glory at home and abroad.

2348. The a.s.sistance Required by Piety.--(a) Parents should be helped in their needs, spiritual or temporal. If they are sick, they should be visited; if they are poor, they should be a.s.sisted; if they are in need of the Sacraments or prayers or suffrages, these spiritual means should be provided. But a son is not bound to pay the debts of his deceased father who left him nothing, since the debt was a personal one.

(b) Relatives should also be a.s.sisted in their needs, especially if the necessity is urgent and the relationship close (as in the case of brothers and sisters). But this duty is not as strict as that owed to parents, and, if the relationship is distant, there is no special obligation of piety.

(c) Country is helped by the aid given to fellow-countrymen who are in moral, mental or corporal need. The n.o.blest patriots are those who devote their lives, labors or substance to the promotion of religion, education and contentment among their people, to the correction of real evils that threaten decay or disaster to the national life, and to the preservation of those special ideals and inst.i.tutions that const.i.tute what is characteristic and best in the nation.

2349. Sins against Piety.--(a) By Excess.--Exaggerated respect for relatives or country is a sin, since it is not according to order or reason. Thus, while children should not dishonor their parents under the pretext of religion (Matt., xv. 3-9), neither should they be more devoted to their parents than to G.o.d (Luke, xiv. 26; Matt., viii. 22), nor neglect G.o.d's call when their parents do not need them (Matt., iv.

22). Thus also, patriotism should not degenerate into patriolatry, in which country is enshrined as a G.o.d, all-perfect and all-powerful, nor into jingoism or chauvinism, with their boastfulness or contempt for other nations and their disregard for international justice or charity.

(b) By Defect.--Disrespect for parents is felt when they are despised on account of their poverty, ignorance, or feebleness; it is shown by word (e.g., when they are addressed in bitter, reproachful, or contemptuous speech; or when they are ill spoken of to others), by signs (e.g., when mocking gestures or mimicry are used to ridicule them), by deeds (e.g., when they are threatened or struck), and by omissions (e.g., when their children are too proud to recognize them or to give them tokens of honor). Disrespect for one's country is felt when one is imbued with anti-nationalistic doctrines (e.g., the principles of Internationalism which hold that loyalty is due to a cla.s.s, namely, the workers of the world or a capitalistic group, and that country should be sacrificed to selfish interests; the principle of Humanitarianism, which holds that patriotism is incompatible with love of the race; the principle of Egoism which holds that the individual has no obligations to society); it is practised when one speaks contemptuously about country, disregards its good name or prestige, subordinates its rightful pre-eminence to a cla.s.s, section, party, personal ambition, or greed, etc.