Part III (Secunda Secundae) Part 156 (1/2)
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?