Summa Theologica Part III (Secunda Secundae) Part 156

In like manner the third species of sacrilege, which is committed against other sacred things, has various degrees, according to the differences of sacred things. Among these the highest place belongs to the sacraments whereby man is sanctified: chief of which is the sacrament of the Eucharist, for it contains Christ Himself. Wherefore the sacrilege that is committed against this sacrament is the gravest of all. The second place, after the sacraments, belongs to the vessels consecrated for the administration of the sacraments; also sacred images, and the relics of the saints, wherein the very persons of the saints, so to speak, are reverenced and honored. After these come things connected with the apparel of the Church and its ministers; and those things, whether movable or immovable, that are deputed to the upkeep of the ministers. And whoever sins against any one of the aforesaid incurs the crime of sacrilege.

Reply Obj. 1: There is not the same aspect of holiness in all the aforesaid: wherefore the diversity of sacred things is not only a material, but also a formal difference.

Reply Obj. 2: Nothing hinders two things from belonging to one species in one respect, and to different species in another respect.

Thus Socrates and Plato belong to the one species, "animal," but differ in the species "colored thing," if one be white and the other black. In like manner it is possible for two sins to differ specifically as to their material acts, and to belong to the same species as regards the one formal aspect of sacrilege: for instance, the violation of a nun by blows or by copulation.

Reply Obj. 3: Every sin committed by a sacred person is a sacrilege materially and accidentally as it were. Hence Jerome [*The quotation is from St. Bernard, De Consideration. ii, 13] says that "a trifle on a priest's lips is a sacrilege or a blasphemy." But formally and properly speaking a sin committed by a sacred person is a sacrilege only when it is committed against his holiness, for instance if a virgin consecrated to G.o.d be guilty of fornication: and the same is to be said of other instances.

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FOURTH ARTICLE [II-II, Q. 99, Art. 4]

Whether the Punishment of Sacrilege Should Be Pecuniary?

Objection 1: It would seem that the punishment of sacrilege should not be pecuniary. A pecuniary punishment is not wont to be inflicted for a criminal fault. But sacrilege is a criminal fault, wherefore it is punished by capital sentence according to civil law [*Dig. xlviii, 13; Cod. i, 3, de Episc. et Cleric.]. Therefore sacrilege should not be awarded a pecuniary punishment.

Obj. 2: Further, the same sin should not receive a double punishment, according to Nahum 1:9, "There shall not rise a double affliction."

But sacrilege is punished with excommunication; major excommunication, for violating a sacred person, and for burning or destroying a church, and minor excommunication for other sacrileges.

Therefore sacrilege should not be awarded a pecuniary punishment.

Obj. 3: Further, the Apostle says (1 Thess. 2:5): "Neither have we taken an occasion of covetousness." But it seems to involve an occasion of covetousness that a pecuniary punishment should be exacted for the violation of a sacred thing. Therefore this does not seem to be a fitting punishment of sacrilege.

_On the contrary,_ It is written [*XVII, qu. iv, can. Si quis contumax]: "If anyone contumaciously or arrogantly take away by force an escaped slave from the confines of a church he shall pay nine hundred soldi": and again further on (XVII, qu. iv, can. Quisquis inventus, can. 21): "Whoever is found guilty of sacrilege shall pay thirty pounds of tried purest silver."

_I answer that,_ In the award of punishments two points must be considered. First equality, in order that the punishment may be just, and that "by what things a man sinneth by the same ... he may be tormented" (Wis. 11:17). In this respect the fitting punishment of one guilty of sacrilege, since he has done an injury to a sacred thing, is excommunication [*Append. Gratian. on can. Si quis contumax, quoted above] whereby sacred things are withheld from him.

The second point to be considered is utility. For punishments are inflicted as medicines, that men being deterred thereby may desist from sin. Now it would seem that the sacrilegious man, who reverences not sacred things, is not sufficiently deterred from sinning by sacred things being withheld from him, since he has no care for them.

Wherefore according to human laws he is sentenced to capital punishment, and according to the statutes of the Church, which does not inflict the death of the body, a pecuniary punishment is inflicted, in order that men may be deterred from sacrilege, at least by temporal punishments.

Reply Obj. 1: The Church inflicts not the death of the body, but excommunication in its stead.

Reply Obj. 2: When one punishment is not sufficient to deter a man from sin, a double punishment must be inflicted. Wherefore it was necessary to inflict some kind of temporal punishment in addition to the punishment of excommunication, in order to coerce those who despise spiritual things.

Reply Obj. 3: If money were exacted without a reasonable cause, this would seem to involve an occasion of covetousness. But when it is exacted for the purpose of man's correction, it has a manifest utility, and consequently involves no occasion of avarice.

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QUESTION 100

ON SIMONY (In Six Articles)

We must now consider simony, under which head there are six points of inquiry:

(1) What is simony?

(2) Whether it is lawful to accept money for the sacraments?

(3) Whether it is lawful to accept money for spiritual actions?

(4) Whether it is lawful to sell things connected with spirituals?

(5) Whether real remuneration alone makes a man guilty of simony, or also oral remuneration or remuneration by service?

(6) Of the punishment of simony.

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FIRST ARTICLE [II-II, Q. 100, Art. 1]

Whether Simony Is an Intentional Will to Buy or Sell Something Spiritual or Connected with a Spiritual Thing?

Objection 1: It would seem that simony is not "an express will to buy or sell something spiritual or connected with a spiritual thing."

Simony is heresy, since it is written (I, qu. i [*Can. Eos qui per pecunias]): "The impious heresy of Macedonius and of those who with him impugned the Holy Ghost, is more endurable than that of those who are guilty of simony: since the former in their ravings maintained that the Holy Spirit of Father and Son is a creature and the slave of G.o.d, whereas the latter make the same Holy Spirit to be their own slave. For every master sells what he has just as he wills, whether it be his slave or any other of his possessions." But unbelief, like faith, is an act not of the will but of the intellect, as shown above (Q. 10, A. 2). Therefore simony should not be defined as an act of the will.

Obj. 2: Further, to sin intentionally is to sin through malice, and this is to sin against the Holy Ghost. Therefore, if simony is an intentional will to sin, it would seem that it is always a sin against the Holy Ghost.

Obj. 3: Further, nothing is more spiritual than the kingdom of heaven. But it is lawful to buy the kingdom of heaven: for Gregory says in a homily (v, in Ev.): "The kingdom of heaven is worth as much as you possess." Therefore simony does not consist in a will to buy something spiritual.

Obj. 4: Further, simony takes its name from Simon the magician, of whom we read (Acts 8:18, 19) that "he offered the apostles money"

that he might buy a spiritual power, in order, to wit, "that on whomsoever he imposed his hand they might receive the Holy Ghost."

But we do not read that he wished to sell anything. Therefore simony is not the will to sell a spiritual thing.

Obj. 5: Further, there are many other voluntary commutations besides buying and selling, such as exchange and transaction [*A kind of legal compromise--Oxford Dictionary]. Therefore it would seem that simony is defined insufficiently.

Obj. 6: Further, anything connected with spiritual things is itself spiritual. Therefore it is superfluous to add "or connected with spiritual things."

Obj. 7: Further, according to some, the Pope cannot commit simony: yet he can buy or sell something spiritual. Therefore simony is not the will to buy or sell something spiritual or connected with a spiritual thing.

_On the contrary,_ Gregory VII says (Regist. [*Caus. I, qu. i, can.

Presbyter, qu. iii, can. Altare]): "None of the faithful is ignorant that buying or selling altars, t.i.thes, or the Holy Ghost is the heresy of simony."

_I answer that,_ As stated above (I-II, Q. 18, A. 2) an act is evil generically when it bears on undue matter. Now a spiritual thing is undue matter for buying and selling for three reasons. First, because a spiritual thing cannot be appraised at any earthly price, even as it is said concerning wisdom (Prov. 3:15), "she is more precious than all riches, and all things that are desired, are not to be compared with her": and for this reason Peter, in condemning the wickedness of Simon in its very source, said (Acts 8:20): "Keep thy money to thyself to perish with thee, because thou hast thought that the gift of G.o.d may be purchased with money."

Secondly, because a thing cannot be due matter for sale if the vendor is not the owner thereof, as appears from the authority quoted (Obj.

1). Now ecclesiastical superiors are not owners, but dispensers of spiritual things, according to 1 Cor. 4:1, "Let a man so account of us as of the ministers of Christ, and the dispensers of the ministers of G.o.d."

Thirdly, because sale is opposed to the source of spiritual things, since they flow from the gratuitous will of G.o.d. Wherefore Our Lord said (Matt. 10:8): "Freely have you received, freely give."

Therefore by buying or selling a spiritual thing, a man treats G.o.d and divine things with irreverence, and consequently commits a sin of irreligion.

Reply Obj. 1: Just as religion consists in a kind of protestation of faith, without, sometimes, faith being in one's heart, so too the vices opposed to religion include a certain protestation of unbelief without, sometimes, unbelief being in the mind. Accordingly simony is said to be a "heresy," as regards the outward protestation, since by selling a gift of the Holy Ghost a man declares, in a way, that he is the owner of a spiritual gift; and this is heretical. It must, however, be observed that Simon Magus, besides wishing the apostles to sell him a grace of the Holy Ghost for money, said that the world was not created by G.o.d, but by some heavenly power, as Isidore states (Etym. viii, 5): and so for this reason simoniacs are reckoned with other heretics, as appears from Augustine's book on heretics.

Reply Obj. 2: As stated above (Q. 58, A. 4), justice, with all its parts, and consequently all the opposite vices, is in the will as its subject. Hence simony is fittingly defined from its relation to the will. This act is furthermore described as "express," in order to signify that it proceeds from choice, which takes the princ.i.p.al part in virtue and vice. Nor does everyone sin against the Holy Ghost that sins from choice, but only he who chooses sin through contempt of those things whereby man is wont to be withdrawn from sin, as stated above (Q. 14, A. 1).

Reply Obj. 3: The kingdom of heaven is said to be bought when a man gives what he has for G.o.d's sake. But this is to employ the term "buying" in a wide sense, and as synonymous with merit: nor does it reach to the perfect signification of buying, both because neither "the sufferings of this time," nor any gift or deed of ours, "are worthy to be compared with the glory to come, that shall be revealed in us" (Rom. 8:18), and because merit consists chiefly, not in an outward gift, action or pa.s.sion, but in an inward affection.

Reply Obj. 4: Simon the magician wished to buy a spiritual power in order that afterwards he might sell it. For it is written (I, qu. iii [*Can. Salvator]), that "Simon the magician wished to buy the gift of the Holy Ghost, in order that he might make money by selling the signs to be wrought by him." Hence those who sell spiritual things are likened in intention to Simon the magician: while those who wish to buy them are likened to him in act. Those who sell them imitate, in act, Giezi the disciple of Eliseus, of whom we read (4 Kings 5:20-24) that he received money from the leper who was healed: wherefore the sellers of spiritual things may be called not only "simoniacs" but also "giezites."

Reply Obj. 5: The terms "buying" and "selling" cover all kinds of non-gratuitous contracts. Wherefore it is impossible for the exchange or agency of prebends or ecclesiastical benefices to be made by authority of the parties concerned without danger of committing simony, as laid down by law [*Cap. Quaesitum, de rerum Permutat.; cap. Super, de Transact.]. Nevertheless the superior, in virtue of his office, can cause these exchanges to be made for useful or necessary reasons.

Reply Obj. 6: Even as the soul lives by itself, while the body lives through being united to the soul; so, too, certain things are spiritual by themselves, such as the sacraments and the like, while others are called spiritual, through adhering to those others. Hence (I, qu. iii, cap. Siquis objecerit) it is stated that "spiritual things do not progress without corporal things, even as the soul has no bodily life without the body."

Reply Obj. 7: The Pope can be guilty of the vice of simony, like any other man, since the higher a man's position the more grievous is his sin. For although the possessions of the Church belong to him as dispenser in chief, they are not his as master and owner. Therefore, were he to accept money from the income of any church in exchange for a spiritual thing, he would not escape being guilty of the vice of simony. In like manner he might commit simony by accepting from a layman moneys not belonging to the goods of the Church.