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SECOND ARTICLE [II-II, Q. 100, Art. 2]
Whether It Is Always Unlawful to Give Money for the Sacraments?
Objection 1: It would seem that it is not always unlawful to give money for the sacraments. Baptism is the door of the sacraments, as we shall state in the Third Part (Q. 68, A. 6; Q. 73, A. 3). But seemingly it is lawful in certain cases to give money for Baptism, for instance if a priest were unwilling to baptize a dying child without being paid. Therefore it is not always unlawful to buy or sell the sacraments.
Obj. 2: Further, the greatest of the sacraments is the Eucharist, which is consecrated in the Ma.s.s. But some priests receive a prebend or money for singing ma.s.ses. Much more therefore is it lawful to buy or sell the other sacraments.
Obj. 3: Further, the sacrament of Penance is a necessary sacrament consisting chiefly in the absolution. But some persons demand money when absolving from excommunication. Therefore it is not always unlawful to buy or sell a sacrament.
Obj. 4: Further, custom makes that which otherwise were sinful to be not sinful; thus Augustine says (Contra Faust. xxii, 47) that "it was no crime to have several wives, so long as it was the custom." Now it is the custom in some places to give something in the consecration of bishops, blessings of abbots, ordinations of the clergy, in exchange for the chrism, holy oil, and so forth. Therefore it would seem that it is not unlawful.
Obj. 5: Further, it happens sometimes that someone maliciously hinders a person from obtaining a bishopric or some like dignity. But it is lawful for a man to make good his grievance. Therefore it is lawful, seemingly, in such a case to give money for a bishopric or a like ecclesiastical dignity.
Obj. 6: Further, marriage is a sacrament. But sometimes money is given for marriage. Therefore it is lawful to sell a sacrament.
_On the contrary,_ It is written (I, qu. i [*Can. Qui per pecunias]): "Whosoever shall consecrate anyone for money, let him be cut off from the priesthood."
_I answer that,_ The sacraments of the New Law are of all things most spiritual, inasmuch as they are the cause of spiritual grace, on which no price can be set, and which is essentially incompatible with a non-gratuitous giving. Now the sacraments are dispensed through the ministers of the Church, whom the people are bound to support, according to the words of the Apostle (1 Cor. 9:13), "Know you not, that they who work in the holy place, eat the things that are of the holy place; and they that serve the altar, partake with the altar?"
Accordingly we must answer that to receive money for the spiritual grace of the sacraments, is the sin of simony, which cannot be excused by any custom whatever, since "custom does not prevail over natural or divine law" [*Cap. c.u.m tanto, de Consuetud.; cf. I-II, Q.
97, A. 3]. Now by money we are to understand anything that has a pecuniary value, as the Philosopher states (Ethic. iv, 1). On the other hand, to receive anything for the support of those who administer the sacraments, in accordance with the statutes of the Church and approved customs, is not simony, nor is it a sin. For it is received not as a price of goods, but as a payment for their need.
Hence a gloss of Augustine on 1 Tim. 5:17, "Let the priests that rule well," says: "They should look to the people for a supply to their need, but to the Lord for the reward of their ministry."
Reply Obj. 1: In a case of necessity anyone may baptize. And since nowise ought one to sin, if the priest be unwilling to baptize without being paid, one must act as though there were no priest available for the baptism. Hence the person who is in charge of the child can, in such a case, lawfully baptize it, or cause it to be baptized by anyone else. He could, however, lawfully buy the water from the priest, because it is merely a bodily element. But if it were an adult in danger of death that wished to be baptized, and the priest were unwilling to baptize him without being paid, he ought, if possible, to be baptized by someone else. And if he is unable to have recourse to another, he must by no means pay a price for Baptism, and should rather die without being baptized, because for him the baptism of desire would supply the lack of the sacrament.
Reply Obj. 2: The priest receives money, not as the price for consecrating the Eucharist, or for singing the Ma.s.s (for this would be simoniacal), but as payment for his livelihood, as stated above.
Reply Obj. 3: The money exacted of the person absolved is not the price of his absolution (for this would be simoniacal), but a punishment of a past crime for which he was excommunicated.
Reply Obj. 4: As stated above, "custom does not prevail over natural or divine law" whereby simony is forbidden. Wherefore the custom, if such there be, of demanding anything as the price of a spiritual thing, with the intention of buying or selling it, is manifestly simoniacal, especially when the demand is made of a person unwilling to pay. But if the demand be made in payment of a stipend recognized by custom it is not simoniacal, provided there be no intention of buying or selling, but only of doing what is customary, and especially if the demand be acceded to voluntarily. In all these cases, however, one must beware of anything having an appearance of simony or avarice, according to the saying of the Apostle (1 Thess.
5:22), "From all appearance of evil restrain yourselves."
Reply Obj. 5: It would be simoniacal to buy off the opposition of one"s rivals, before acquiring the right to a bishopric or any dignity or prebend, by election, appointment or presentation, since this would be to use money as a means of obtaining a spiritual thing.
But it is lawful to use money as a means of removing unjust opposition, after one has already acquired that right.
Reply Obj. 6: Some [*Innocent IV on Cap. c.u.m in Ecclesia, de Simonia]
say that it is lawful to give money for Matrimony because no grace is conferred thereby. But this is not altogether true, as we shall state in the Third Part of the work [* Supp., Q. 42, A. 3]. Wherefore we must reply that Matrimony is not only a sacrament of the Church, but also an office of nature. Consequently it is lawful to give money for Matrimony considered as an office of nature, but unlawful if it be considered as a sacrament of the Church. Hence, according to the law [*Cap. c.u.m in Ecclesia, de Simonia], it is forbidden to demand anything for the Nuptial Blessing.
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THIRD ARTICLE [II-II, Q. 100, Art. 3]
Whether It Is Lawful to Give and Receive Money for Spiritual Actions?
Objection 1: It seems that it is lawful to give and receive money for spiritual actions. The use of prophecy is a spiritual action. But something used to be given of old for the use of prophecy, as appears from 1 Kings 9:7, 8, and 3 Kings 14:3. Therefore it would seem that it is lawful to give and receive money for a spiritual action.
Obj. 2: Further, prayer, preaching, divine praise, are most spiritual actions. Now money is given to holy persons in order to obtain the a.s.sistance of their prayers, according to Luke 16:9, "Make unto you friends of the mammon of iniquity." To preachers also, who sow spiritual things, temporal things are due according to the Apostle (1 Cor. 9:14). Moreover, something is given to those who celebrate the divine praises in the ecclesiastical office, and make processions: and sometimes an annual income is a.s.signed to them. Therefore it is lawful to receive something for spiritual actions.
Obj. 3: Further, science is no less spiritual than power. Now it is lawful to receive money for the use of science: thus a lawyer may sell his just advocacy, a physician his advice for health, and a master the exercise of his teaching. Therefore in like manner it would seem lawful for a prelate to receive something for the use of his spiritual power, for instance, for correction, dispensation, and so forth.
Obj. 4: Further, religion is the state of spiritual perfection. Now in certain monasteries something is demanded from those who are received there. Therefore it is lawful to demand something for spiritual things.
_On the contrary,_ It is stated (I, qu. i [*Can. Quidquid invisibilis]): "It is absolutely forbidden to make a charge for what is acquired by the consolation of invisible grace, whether by demanding a price or by seeking any kind of return whatever." Now all these spiritual things are acquired through an invisible grace.
Therefore it is not lawful to charge a price or return for them.
_I answer that,_ Just as the sacraments are called spiritual, because they confer a spiritual grace, so, too, certain other things are called spiritual, because they flow from spiritual grace and dispose thereto. And yet these things are obtainable through the ministry of men, according to 1 Cor. 9:7, "Who serveth as a soldier at any time at his own charges? Who feedeth the flock, and eateth not of the milk of the flock?" Hence it is simoniacal to sell or buy that which is spiritual in such like actions; but to receive or give something for the support of those who minister spiritual things in accordance with the statutes of the Church and approved customs is lawful, yet in such wise that there be no intention of buying or selling, and that no pressure be brought to bear on those who are unwilling to give, by withholding spiritual things that ought to be administered, for then there would be an appearance of simony. But after the spiritual things have been freely bestowed, then the statutory and customary offerings and other dues may be exacted from those who are unwilling but able to pay, if the superior authorize this to be done.
Reply Obj. 1: As Jerome says in his commentary on Mic. 3:9, certain gifts were freely offered to the good prophets, for their livelihood, but not as a price for the exercise of their gift of prophecy. Wicked prophets, however, abused this exercise by demanding payment for it.
Reply Obj. 2: Those who give alms to the poor in order to obtain from them the a.s.sistance of their prayers do not give with the intent of buying their prayers; but by their gratuitous beneficence inspire the poor with the mind to pray for them freely and out of charity.
Temporal things are due to the preacher as means for his support, not as a price of the words he preaches. Hence a gloss on 1 Tim. 5:11, "Let the priests that rule well," says: "Their need allows them to receive the wherewithal to live, charity demands that this should be given to them: yet the Gospel is not for sale, nor is a livelihood the object of preaching: for if they sell it for this purpose, they sell a great thing for a contemptible price." In like manner temporal things are given to those who praise G.o.d by celebrating the divine office whether for the living or for the dead, not as a price but as a means of livelihood; and the same purpose is fulfilled when alms are received for making processions in funerals. Yet it is simoniacal to do such things by contract, or with the intention of buying or selling. Hence it would be an unlawful ordinance if it were decreed in any church that no procession would take place at a funeral unless a certain sum of money were paid, because such an ordinance would preclude the free granting of pious offices to any person. The ordinance would be more in keeping with the law, if it were decreed that this honor would be accorded to all who gave a certain alms, because this would not preclude its being granted to others.
Moreover, the former ordinance has the appearance of an exaction, whereas the latter bears a likeness to a gratuitous remuneration.
Reply Obj. 3: A person to whom a spiritual power is entrusted is bound by virtue of his office to exercise the power entrusted to him in dispensing spiritual things. Moreover, he receives a statutory payment from the funds of the Church as a means of livelihood.
Therefore, if he were to accept anything for the exercise of his spiritual power, this would imply, not a hiring of his labor (which he is bound to give, as a duty arising out of the office he has accepted), but a sale of the very use of a spiritual grace. For this reason it is unlawful for him to receive anything for any dispensing whatever, or for allowing someone else to take his duty, or for correcting his subjects, or for omitting to correct them. On the other hand it is lawful for him to receive "procurations," when he visits his subjects, not as a price for correcting them, but as a means of livelihood. He that is possessed of science, without having taken upon himself the obligation of using it for the benefit of others can lawfully receive a price for his learning or advice, since this is not a sale of truth or science, but a hiring of labor. If, on the other hand, he be so bound by virtue of his office, this would amount to a sale of the truth, and consequently he would sin grievously. For instance, those who in certain churches are appointed to instruct the clerics of that church and other poor persons, and are in receipt of an ecclesiastical benefice for so doing, are not allowed to receive anything in return, either for teaching, or for celebrating or omitting any feasts.
Reply Obj. 4: It is unlawful to exact or receive anything as price for entering a monastery: but, in the case of small monasteries, that are unable to support so many persons, it is lawful, while entrance to the monastery is free, to accept something for the support of those who are about to be received into the monastery, if its revenues are insufficient. In like manner it is lawful to be easier in admitting to a monastery a person who has proved his regard for that monastery by the generosity of his alms: just as, on the other hand, it is lawful to incite a person"s regard for a monastery by means of temporal benefits, in order that he may thereby be induced to enter the monastery; although it is unlawful to agree to give or receive something for entrance into a monastery (I, qu. ii, cap. Quam pio).
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FOURTH ARTICLE [II-II, Q. 100, Art. 4]
Whether It Is Lawful to Receive Money for Things Annexed to Spiritual Things?
Objection 1: It would seem lawful to receive money for things annexed to spiritual things. Seemingly all temporal things are annexed to spiritual things, since temporal things ought to be sought for the sake of spiritual things. If, therefore, it is unlawful to sell what is annexed to spiritual things, it will be unlawful to sell anything temporal, and this is clearly false.
Obj. 2: Further, nothing would seem to be more annexed to spiritual things than consecrated vessels. Yet it is lawful to sell a chalice for the ransom of prisoners, according to Ambrose (De Offic. ii, 28).
Therefore it is lawful to sell things annexed to spiritual things.
Obj. 3: Further, things annexed to spiritual things include right of burial, right of patronage, and, according to ancient writers, right of the first-born (because before the Lord the first-born exercised the priestly office), and the right to receive t.i.thes. Now Abraham bought from Ephron a double cave for a burying-place (Gen. 23:8, sqq.), and Jacob bought from Esau the right of the first-born (Gen.
25:31, sqq.). Again the right of patronage is transferred with the property sold, and is granted "in fee." t.i.thes are granted to certain soldiers, and can be redeemed. Prelates also at times retain for themselves the revenues of prebends of which they have the presentation, although a prebend is something annexed to a spiritual thing. Therefore it is lawful to sell things annexed to spiritual things.
_On the contrary,_ Pope Paschal [*Paschal II] says (cf. I, qu. iii, cap. Si quis objecerit): "Whoever sells one of two such things, that the one is unproductive without the other, leaves neither unsold.
Wherefore let no person sell a church, or a prebend, or anything ecclesiastical."
_I answer that,_ A thing may be annexed to spiritual things in two ways. First, as being dependent on spiritual things. Thus to have ecclesiastical benefices is said to be annexed to spiritual things, because it is not competent save to those who hold a clerical office.
Hence such things can by no means exist apart from spiritual things.
Consequently it is altogether unlawful to sell such things, because the sale thereof implies the sale of things spiritual. Other things are annexed to spiritual things through being directed thereto, for instance the right of patronage, which is directed to the presentation of clerics to ecclesiastical benefices; and sacred vessels, which are directed to the use of the sacraments. Wherefore such things as these do not presuppose spiritual things, but precede them in the order of time. Hence in a way they can be sold, but not as annexed to spiritual things.
Reply Obj. 1: All things temporal are annexed to spiritual things, as to their end, wherefore it is lawful to sell temporal things, but their relation to spiritual things cannot be the matter of a lawful sale.
Reply Obj. 2: Sacred vessels also are annexed to spiritual things as to their end, wherefore their consecration cannot be sold. Yet their material can be sold for the needs of the Church or of the poor provided they first be broken, after prayer has been said over them, since when once broken, they are considered to be no longer sacred vessels but mere metal: so that if like vessels were to be made out of the same material they would have to be consecrated again.
Reply Obj. 3: We have no authority for supposing that the double cave which Abraham bought for a burial place was consecrated for that purpose: wherefore Abraham could lawfully buy that site to be used for burial, in order to turn it into a sepulchre: even so it would be lawful now to buy an ordinary field as a site for a cemetery or even a church. Nevertheless because even among the Gentiles burial places are looked upon as religious, if Ephron intended to accept the price as payment for a burial place, he sinned in selling, though Abraham did not sin in buying, because he intended merely to buy an ordinary plot of ground. Even now, it is lawful in a case of necessity to sell or buy land on which there has previously been a church, as we have also said with regard to sacred vessels (Reply Obj. 2). Or again, Abraham is to be excused because he thus freed himself of a grievance. For although Ephron offered him the burial place for nothing, Abraham deemed that he could not accept it gratis without prejudice to himself.
The right of the first-born was due to Jacob by reason of G.o.d"s choice, according to Malach. 1:2, 3, "I have loved Jacob, but have hated Esau." Wherefore Esau sinned by selling his birthright, yet Jacob sinned not in buying, because he is understood to have freed himself of his grievance.
The right of patronage cannot be the matter of a direct sale, nor can it be granted "in fee," but is transferred with the property sold or granted.