certainty from the presence of their known causes, or effects, or
indications. Hence, a physician is not accused of superstition if he
reasons out the character or phase of an internal disease from the
symptoms that exhibit themselves. Moralists today generally agree that
the use of the magic wand (divining rod, dipping rod, dowser) for the
discovery of subterranean springs, mineral deposits, oil wells, etc.,
is not superstitious, although there is some difference of opinion and
uncertainty about the cause of the phenomenon. It is true that many
means of detection or discovery, supposedly scientific, are due to
misunderstanding of scientific principles or of logic; but their
authors, since they rely on natural causes, are guilty of ignorance or
quackery rather than superstition.
2289. Use of Lots.--Is it lawful to use lots in settlement of some
business, when there is no intention to seek preternatural oracle?
(a) It is lawful to do this, if there is some reason of necessity or
utility or amusement to justify the lots, and no injustice or
prohibition of law. Hence, if there is no other convenient method of
decision, one may use the drawing of straws or cards to decide how
lands or goods shall be divided between claimants, or which of several
competitors shall receive a reward or office.
(b) It is not lawful to do this, if there is a prohibition of law
(e.g., ecclesiastical elections may not be made by lot), or if there is
no necessity for the lots (e.g., it is at least foolish to use the
Gospels for deciding by lot matters that could be decided by
reflection), or if injury is done another person (e.g., to decide by
lot when the merits of two contestants are unequal, to practise
unfairness in the drawing).
2290. Vain Observance.--Vain observance is a superstition that ascribes
to certain things effects for which they have no natural or
communicated power.
(a) It ascribes the effects to natural things, but it supposes that in
some way supernatural forces, not of religion, are at work in or
through these things. Thus, just as in divination, there is in vain
observance either an express or an implied invocation of the spirits of
evil. The alchemists, who thought there was a philosopher’s stone able
to transmute base metals into gold or an elixir that could greatly
prolong life, looked to natural causes, and hence to that extent seem
to be guilty of false science, rather than of superstition. Scientific
materialism, though, is a crasser form of ignorance than any
superstition that trusts in super-material powers.
(b) The things which vain observance makes use of are persons, acts,
objects, circumstances, happenings, etc. Even sacred things may be
employed as the material for vain observance, as happens when some
accidental and unnecessary circumstance of a sacred rite (e.g., the
size or color of candles) is given the credit of the sacred results.
Here again vain observance and divination are alike, since the same
means are employed by both.
(c) The effects looked for in vain observance, or the purpose had in
view, is some fact or event. It is this characteristic that
distinguishes vain observance from divination: the latter aims at
occult knowledge, the former at supranatural results. The expected fact
or event is something that surpasses the natural powers of physical or
human agencies (e.g., sensation without sense excitants, mind-reading
without external indications, scientific knowledge without study,
bodily feats without corresponding bodily powers, detection of secret
and hidden things without human means for detection), or even of the
invisible world of spirits (e.g., creation, generation of new
substances, evocation of the dead, internal motion of man’s will).
(d) There is no natural power in the things used for producing the
substance or mode of the desired effects, that is, no inherent and
sufficient force or activity. Hence, vain observance is not to be
confused with scientific marvels or natural wonders whose explanation
is unknown to the general public, or which cannot be fully explained by
scientists themselves. Thus, the baffling tricks of white magic are due
to legerdemain, ventriloquism, ocular delusions, and the like; the
physiological changes (e.g., convulsions, hysteria, somnambulism,
bodily cures) produced in mesmerism, hypnotism, thought healing, etc.,
are explained by suggestion and the motor power of images excited to
produce bodily motions, passions, or changes; the mental phenomena
(e.g., hyperaesthesia, wondrous visions, increased vigor of mind) of
certain drugs such as hashish, mescal and opium, are caused by
properties of these drugs.
(e) There is no communicated power in the things employed, that is, no
instrumental virtue bestowed by a higher cause. Hence, since
Sacraments, sacramentals, and miracle-working relics have from God in a
greater or less degree an efficacy for results above nature, there is
no superstition in their proper use, But, as was noted just above,
sacred things themselves may be used superstitiously, as happens when
they are regarded as principal agents, or when, contrary to fact, they
are deemed to act infallibly or independently of any human cooperation
or disposition.
2291. Forms of Vain Observance.--Among the forms of vain observance are
the following:
(a) those by which one puts into use vain ceremonies or objects in the
expectation that they will secure certain desired effects, or puts an
exaggerated confidence in lawful rites or sacred objects;
(b) those by which one directs one’s life through fortuitous and
impertinent happenings in the belief that they have the power to
influence one’s fortunes favorably or adversely. This form of
superstition is like divination by omens; the difference is that in
using omens one chiefly seeks for knowledge of the future, while in
observing chance events one chiefly intends the direction of one’s
conduct. Examples are found in persons who fear to make a journey on
Friday or to begin any important affair during the dark of the moon.
2292. Vain Observances from which Desired Effects Are Expected.--(a)
Useful results are sometimes expected, such as knowledge for the mind
(notorious art) or health for the body (healing observances). The
notorious art consisted in the repeating of certain formulas or the
gazing upon certain figures, prayers and fasts at times being added,
and it was supposed that these practices would obtain infused knowledge
without the necessity of labor or study. Healing observances are
remedies used for man or beast that manifestly have no natural curative
properties (e.g., a buckeye or rabbit’s foot carried in the pocket to
ward off rheumatism).
(b) Wondrous results are sometimes expected, such as the power to bring
on storms, telekinesis, materialization, and levitation, through the
use of incantations, theurgic sacraments, spiritistic rites, etc. This
is known as the black art or black magic.
(c) Evil effects are sometimes expected, such as the power to blight
another by a glance (evil eye or fascination), the power to cast a
spell over another person by certain spoken words, to bring disease or
misfortune on a person by piercing or striking his effigy, to excite
impure love for a determinate person by the administration of love
philtres or charms, etc. (sorcery, witchcraft).
2293. Distinction between the Fact and the Sin of Vain Observance.--(a)
The Fact.--The demons have naturally powers over our world that surpass
those of human or physical agents, and it is not impossible for them to
produce prodigies or seeming miracles. The magicians of Egypt by
enchantments and certain secrets changed rods into serpents, etc.
(Exod., vii. 12, viii. 7); the New Testament narrates that Simon the
Magician bewitched the Samaritans by his magic (Acts, viii. 11), and it
clearly foretells the lying wonders of Satan and Antichrist (Matt.,
xxiv. 24; II Thess., ii. 9). But there are limits to the power of the
fallen spirits; for example, they cannot infuse knowledge, and
occultism has contributed nothing to the advancement of science or
civilization. Moreover, many effects that have been attributed to
demonic intervention were due to natural causes or to fraud (e.g., a
large proportion of spiritistic phenomena), or they were supposed to
exist only because the popular mind was carried away by excitement or
was bent on persecution (e.g., most of the witchcraft accusations of a
few centuries ago).
(b) The Sin.--Vain observance in which there is no express invocation
of evil spirits is common enough; even religious, educated and
practical persons are found to act on superstitious hopes or fears or
to put confidence in charms or amulets. But vain observance that
includes an express invocation of demons is a comparatively rare sin.
It is not impossible, however, that a person should come to such a pass
of despair or malice as to wish to have dealings with Satan, or should
be so carried away by curiosity, desire of wealth, power, fame, or
honor as to be willing to barter his soul in exchange for them. That
there were professional wizards from ancient times is a matter of
history, and Scripture contains severe prohibitions against dealings
with them (Levit., xix. 31, xx. 27; Deut., xviii. 10).
2294. Superstition in Religious Observances.--Superstition is sometimes
found even in religious observances. (a) Thus, there is superstition in
the observance itself when vain additions are made to an approved usage
(e.g., the addition to a prayer against sickness of gestures,
breathings, gibberish, etc., that have no significance of reverence for
God). (b) There is superstition in the manner of the observance when
one attributes the virtue of a sacred rite or object to some
unimportant circumstance (e.g., the shape of the reliquary in which a
relic is carried, the “propitious” day on which a sacramental was
received), or expects from a sacred thing an effect which it has no
power to produce (e.g., infallible certainty of salvation from the
performance of a certain devotion or the presence of a holy picture or
blessed object). It is not superstition, however, to attach
significance to circumstances that have a sacred meaning (e.g.,
holydays, figures that have a religious symbolism), or to put a
confidence in sacred things that is based on their character or
approved usage (e.g., the hope and trust that blessings will be
impetrated and salvation itself through fidelity to an authorized
devotion).
2295. Sinfulness of Vain Observance.--The malice of vain observance is
essentially the same as that of divination, for in both superstitions
the same virtue of religion is offended by the sinful cult that is
performed.
(a) Thus, there is mortal sin from the nature of the act, when vain
observance is exercised with invocation of evil spirits or with false
religious rites (for a serious injury is done to the honor due to God),
or when a vain observance is meant to bring a curse or grave misfortune
on a neighbor (for a serious injustice is willed).
(b) There is regularly only a venial sin, when a vain observance is of
a non-religious kind, consisting in foolish heed given to chance
happenings (such as a rabbit running across the road, the mention of
death, the presence of a person regarded as a Jonah), or the use of
improportionate means (e.g., to change one’s place at a card table in
order to change the luck). For usually there is no irreverence in such
practices, and at the worst they are foolish and idle acts. Often there
is no sin at all, the vain observance being due to ignorance or the
wish to joke.
(c) There is no sin at all, but rather subjective virtue, in religious
practices to which on account of simplicity or invincible ignorance too
much power is attributed, as when one who is faithful to the essential
duties of religion has greater confidence in some personal devotion of
his own than in them. But superstition of this kind, though in itself
it is the least reprehensible form of superstition, may be very harmful
and disedifying.
2296. Cooperation in Divination or Other Form of Superstition.--(a)
Formal cooperation is of course never lawful (e.g., to act as the
medium or one of the deceivers at a spiritistic meeting). (b) Material
cooperation is lawful only when there is a proportionately grave
reason, no danger of sin, and no scandal. Thus, it seems that no sin is
committed by a scientist who assists at a spiritistic seance in order
to discover the frauds that are resorted to, or who makes experiments
with table turning or planchette movements in order to examine into the
theory that the phenomena are due to the action of the persons present.
2297. Doubtful Cases of Vain Observance.--Cases in which it is a matter
of doubt or dispute whether divination or vain observance is present.
(a) There is sometimes uncertainty whether an extraordinary fact is due
to natural or supranatural causes, Thus, authorities commonly take the
position, it seems, that certain phenomena of Spiritism (e.g., the
apparently automatic movement of tables on which a group of persons
rest their finger tips, the answers to questions that are rapped out by
such tables), and of mental healing (e.g., the cure of bodily ailment
by sympathy or moral influence), are accomplished through natural
powers of matter or mind. But other authorities incline to a
supranaturalistic explanation.
(b) There is also at times uncertainty whether a fact or practice has a
religious or an irreligious character. As to facts, they sometimes
appear to be so marvellous as to pass the natural, and yet it is
difficult to determine whether their source is good or evil (e.g., when
an ignorant person not noted for piety seems to have a remarkable
ability for treating and curing all kinds of diseases). As to
practices, they are sometimes susceptible of a religious or a
superstitious interpretation. Thus, one who says, “God bless us,” at a
sneeze may intend a prayer against sickness; one who knocks on wood
after boasting may intend a prayer to Him who died on the wood of the
cross, lest he be punished for boasting.
2298. Licitness of Using Doubtfully Superstitious Means.--It is lawful
to use means that are only doubtfully superstitious if the following
conditions are present:
(a) internally or subjectively, there must be a good conscience about
the use of the means. The rule can be followed that what is not
certainly of a supranatural character may be regarded as natural, but
that what seems to be supranatural is not to be ascribed to God unless
it has the marks and fruits of a divine work. When lawfully using means
of a dubious character, it is advisable to make an inner protestation
that one acts from reasonable necessity, and has no wish to take part
in superstition;
(b) externally or objectively, there must be nothing in the object or
circumstances or results to make the use of the means illicit. Thus,
even though a practice be not superstitious, it may be unlawful because
of the immorality of its object or tendency (e.g., frauds used by
psychical researchers, obscene messages given by laboratory
telepathists), or of its purpose (e.g., table-rapping used as the
instrument of pretended religious revelations), or because of the evil
consequences for body or soul (e.g., devotees of the ouija board give
scandal to others and often end in insanity or suicide).
2299. Irreligiousness.--We now proceed to the four sins that offend
religion by defect, namely, temptation of God and perjury, which show
disrespect to God Himself, and sacrilege and simony, which show
disrespect to holy things (see 2273). Perjury has been treated above
(see 2249), and hence we shall consider now only the other three forms
of irreligiousness.
2300. Temptation of God.--Temptation of God is a word or deed that puts
God to the test to discover whether He possesses or will exercise some
perfection.
(a) It is a word or deed, such as a prayer whose purpose is to discover
whether God is possessed of knowledge, power or goodness, or an act of
defiance performed in order to prove that there is no God.
(b) It puts God to the test, that is, the temptation is not seductive
(since it is impossible to influence God to sin), but experimental. He
who tempts God desires that God give some proof of His attributes.
(c) It is concerned with God, hence there is no temptation of God if
one legitimately tests out the character of a human being. God Himself
tempted by trial holy men like Abraham, Job, and Tobias in order that
their virtue might be manifested and an example given to others. And of
spirits St. John says: “Believe not every spirit, but try the spirits
if they be of God, because many false prophets are gone out into the
world” (I John, iv. 1).
(d) The purpose is to discover, without regard to the ordinary means of
instruction and guidance appointed by God, whether God possesses or
will exercise an attribute; that is, temptation of God is due to
unbelief or to presumption.
2301. Cases Wherein There Is no Temptation of God.--(a) To seek a proof
of divine perfections is not temptation of God, if the purpose is only
to find new reasons for what one already accepts, or to experience in
an affective way what one already admits speculatively. Hence, a
theologian may study the attributes of God with a view to further
illumination; hence also, one may prove the sweetness of God or the
goodness of His will from the spiritual taste or relish for divine
things (Psalm xxxiii. 9; Rom., xii. 2).
(b) To seek a sign of God’s will or a manifestation of His perfections
is not temptation of God, if this is done, not from curiosity,
ostentation or other vain motive, but from some reason of necessity or
great utility, as when Gedeon prayed for a sign that the Lord had
spoken to him or was with him (Judges, vi. 17, 37), or when Elias
called on Jehovah to show His power before the worshippers of Baal (III
Kings, xviii. 37). Hence, he does not tempt God who, when ordinary
means of direction fail him in some critical affair, asks humbly for a
sign of God’s will; or who in a matter of great moment asks for
miraculous help if it be pleasing to God to grant it; or who exposes
himself to serious danger for some priceless good that cannot otherwise
be had, in the trust that God will be with him.
2302. Kinds of Temptation of God.--(a) In relation to its source,
temptation of God arises either from unbelief or from presumption. The
former, which is temptation of God in the strict sense, exists when one
disbelieves or doubts some attribute of God and seeks to put it to the
proof, as when the Israelites in the desert called into question the
providence and power of Jehovah (Exod., xvii. 7, Psalm lxxvii. 18, 19),
or when a person doubting the Real Presence asks for a miraculous sight
of Christ in the Eucharist. The latter sin, which is temptation of God
in the wide sense, is committed when a believing person asks without a
just cause for a miraculous manifestation of God’s will, or powers, or
of some other thing, as when a lazy man asks that his work be done in
some miraculous way, or a rash man neglects the ordinary care of his
health, asking that God supply for his carelessness. But temptation of
God is not to be identified with the theological sin of presumption
(see 1081).
(b) In relation to its manner, temptation of God is either express or
interpretative. It is express when one intends by one’s word or act to
put God to the proof in respect to knowledge, power, reliability, or
other perfection (as when the Jews demanded that Christ come down from
the Cross, if He were the Son of God) or to satisfy a vain curiosity or
boldness (as when Herod asked Christ to work some miracles for his
amusement). Temptation of God is interpretative when one does not
intend to discover God’s perfections or make presumptuous requests, but
nevertheless so acts or omits to act that one’s conduct is useful for
nothing except temptation of God, as when a believer rashly promises a
miracle to convince an unbeliever, a sick man refuses to use any
medical care (Ecclus., xxxviii. 4), a lecturer goes entirely unprepared
to his lecture, etc. Prayer made without the proper dispositions is a
quasi-temptation of God (Ecclus., xviii. 23), because it is
disrespectful and presumptuous; but it is not real temptation of God,
nor of its nature mortally sinful, the direct end of the act being
laziness or some other state of soul unsuitable to prayer.
2303. Causes that Exclude the Interpretative Temptation of God.--There
is no interpretative temptation of God strictly speaking if one acts
rashly or encounters danger, but does not at all expect miraculous or
special intervention from God. This happens as follows:
(a) when one is unconcerned whether evil results or not, or desires
that it may result (e.g., when a person who is tired of life seeks a
dangerous occupation for the diversion and excitement it affords, or
when a person practises abstinence from certain remedies as an act of
moderate mortification);
(b) when one does not wish the evil result, but is so stupid or rash as
to believe that an imprudent risk can be taken and evil escaped through
chance or good luck, as when a student goes up for a difficult
examination with slight preparation, trusting that only the things he
knows will be asked.
2304. Refusal of Medicine or Hygienic Care.--(a) If there is a
sufficient reason for this conduct, no sin is committed. There may be
sufficient reasons of a natural kind (e.g., that the remedies are
harmful or useless or too expensive), or of a supernatural kind (e.g.,
St. Agatha refused all medicines because God Himself was her physician,
certain Saints were divinely inspired to make no effort to remove
bodily maladies on account of the spiritual profit derived from them).
(b) If there is no sufficient reason for this conduct, it is sinful.
Thus, one sins against faith, if the reason for the conduct is
disbelief in the existence of evil (e.g., Christian Science or Eddyism
attributes sickness and pain to imagination, and says that the only
cure is “faith”); one sins by temptation of God, if the reason for the
conduct is vain expectation of miracles; one is guilty of suicide or
homicide, if the purpose is to end life, etc.
2305. The Sinfulness of Temptation of God.--(a) To doubt the
perfections of God, or to call upon the extraordinary Providence of God
in disregard of the ordinary Providence He has established is the
essence of temptation of God. It is sinful, because it includes either
unjustifiable doubt or vincible ignorance in the intellect or
presumption in the will. Hence the command given in Deuteronomy (vi.
16): “Thou shalt not tempt the Lord thy God.” But invincible ignorance
excuses from sin, and hence many of those who in times past resorted to
ordeals by painful or dangerous tests (e.g., walking on burning coals,
risking death in deep waters), in order that God might settle a
doubtful matter, were, on account of their good faith, guiltless of
temptation of God. The practice was condemned by the Church in the
ninth century.
(b) To doubt about the positive and unknown will of God, or to call
upon the extraordinary Providence of God (i.e., the direct intervention
of the First Cause), without disregard of the ordinary Providence
(i.e., of second causes appointed by God), is not sinful, if it is
justified by necessity. Thus, being unable to resist the nations
leagued against him, Josaphat prayed: “As we know not what to do, we
can only turn our eyes to Thee” (II Paral., xx. 12). And Our Lord
promised the disciples that, when they should be unable to prepare
their defense on account of the persecutions to which they were
subjected, the Spirit Himself would speak through them (Matt., X. 19),
and that He would enable them to do things as difficult as moving
mountains when real necessity called for it (Matt., xvii. 19). It is
not unbelief to doubt about matters pertaining to God that are really
doubtful (i.e., not His perfections, but His positive and unknown
will), and hence one does not tempt God who asks for divine guarantees
of a religion proposed as divinely revealed (see 795); it is not
presumption to ask God for a sign or proof, if God directs one to do
this (e.g., Abraham in Gen., xv. 8, was inspired to seek a sign that
the promised land would be given his posterity; Achaz in Isaias, vii.
11, was bidden for the sake of others to ask for a sign), or if, when a
sign from God seems necessary or very useful, one prays for it
prudently and on condition that the request is pleasing to God (e.g.,
the Apostles in Acts, iv. 30, prayed for signs and wonders in
confirmation of their preaching).
2306. The Malice of Temptation of God.--(a) It is a sin directly
against religion, for one shows contempt to God when one demands that
He prove His perfections, or when one takes the liberty to disregard
the ordinary means He has established and to call for others. The sin
is less, however, than that of superstition, since temptation of God
professes doubt, while superstition professes positive error.
Temptation of God offends also against other virtues, such as faith
(e.g., when one doubts the perfections of God), hope (e.g., when one
presumes that God will do all without one’s cooperation), charity
(e.g., when a person exposes his own life to risk or his neighbor to
scandal in a vain confidence that the danger will be miraculously
averted).
(b) It is a mortal sin from its nature, since it offends religion. But
it may be venial on account of the imperfection of the act, as when
from weakness of faith or without reflection one asks unnecessarily for
a sign (Luke, i. 11-20). It may be venial also from the lightness of
the matter, if the temptation is interpretative, as when one presumes
on the divine aid in a slight sickness, an unimportant talk, or other
small affair.
2307. As a rule temptation of God is only a venial sin, and in an
individual case it is rarely mortal, except in the following instances:
(a) when one intends a grave offense against God, as by doubting His
goodness, demanding or attempting a miracle to satisfy curiosity;
(b) when one exposes oneself to grave peril, as by leaping from the
roof of a high building, refusing all remedies or means of preserving
health, neglecting to provide for one’s sustenance, etc., in the
expectation that God will miraculously provide;
(c) when one causes grave harm to others, as when a person rashly
asking for signs exposes faith to the derision of unbelievers or
scandalizes believers.
2308. Sacrilege.--Sacrilege in the wide sense is any sin against the
virtue of religion. But in the strict sense, in which it is now taken,
it is defined as “the violation of a sacred thing.”
(a) Sacrilege is against a thing, that is, against some person, place
or object dedicated to divine worship as a possession of God. Sacrilege
differs from the two previous sins of irreligiosity (namely, temptation
of God and perjury); for they are against the reverence due to God
Himself, while sacrilege is against the reverence due to things on
account of their use in the worship of God.
(b) It is against a sacred thing, that is, against the sanctity which a
thing acquires from its dedication to God (e.g., when a church or a
chalice is consecrated to divine worship, when a virgin is dedicated to
God by vow), or from the immunity or privilege conferred on it by the
Church on account of its dedication to God (e.g., the clerical
privileges of forum and of canon in Church Law). But sacrilege is
present only when a sacred thing is attacked in that special quality or
relation in which it is sacred. Hence, he who violates the chastity of
a virgin consecrated to God is guilty of sacrilege, since it is her
chastity that was vowed to God; he who strikes her is also guilty of
sacrilege, since he attacks the sacred immunity which the law confers
on her; he who calumniates her or steals from her is not guilty of
sacrilege, since her name and goods are not consecrated to divine
worship nor protected by its special sacredness in law.
(c) Sacrilege is a violation, that is, an action or omission physically
or morally injurious to the sacred character of a person, place or
thing. The difference between the injury done in sacrilege and that
done in simony is that the former injustice belongs to the class of
wrongs inflicted in involuntary commutations, such as theft or robbery
(see 1748, 1815), whereas the latter injustice pertains to the category
of wrongs perpetrated in voluntary commutations, such as buying,
selling, or lending. In both cases there is an injury to the property
or possession of God, but the difference is that in sacrilege the
parties involved are the sacrilegious person acting as aggressor
against God, in simony the parties are two men bargaining together to
buy and sell the sacred things of God.
2309. What Kind of Consecration Must Be Violated to Constitute
Sacrilege?--There are various opinions about the kind of assignment to
worship necessary for the sacredness which is injured by sacrilege.
(a) The opinion that seems to be common today holds that the assignment
must be made through some public rite or consecration on the part of
the Church. Hence, according to this view, the violation of a private
vow or resolution is not sacrilegious, but rather perfidious or
disloyal. The argument for this opinion is that the public acceptance
of the Church, which has control over divine worship, is a necessary
factor in making anything sacred to that worship; and that many
absurdities would follow from the principle that each individual has
the power to give the sacredness in question to his own person, acts or
possessions.
(b) According to a stricter opinion, no public assignment is necessary
if the consecration is a personal one; and hence the violation of even
a private vow of chastity would be sacrilegious. The argument is that
even a private vow affecting the person sets it apart as a sacred thing.
(c) According to a still stricter view, no public assignment to worship
is necessary, whether the consecration be personal or non-personal, and
hence even the violation of a vow to fast would be sacrilegious. The
argument is that anything set apart for God’s honor, either publicly or
privately, becomes sacred to Him.
2310. Is Sacrilege a Special Sin?--(a) As regards its matter or subject
sacrilege may be called, though improperly, a general sin, in the sense
that many different classes of sins may be sacrilegious (e.g., murder
is sacrilegious when a sacred person is killed, lust is sacrilegious
when a person vowed to God is violated; theft is sacrilegious when
objects consecrated to divine worship are stolen, etc.).
(b) As regards its form or essence, and hence properly speaking,
sacrilege is a special sin, because there is a peculiar deformity
contained in the very nature of sacrilege that is not in other sins,
namely, the disrespect shown to God through contempt for things that
are sacred to Him. Moreover, there may be a sin of sacrilege that is
separate from other sins, such as murder, lust, and theft, for example,
when the right of asylum is violated.
2311. The Species of Sacrilege.--(a) Personal sacrilege is committed
when the sacredness of a person is violated. This happens in the first
place when bodily or real harm (e.g., gravely sinful striking, citing
before a secular tribunal, subjecting to civil duties or burdens, such
as military service) is done to a cleric; and in the second place when
a grave sin of unchastity is committed by or with a person dedicated to
God by a vow (at least by a public vow) of chastity. Sacrilege
committed through bodily or real harm is treated by canonists under the
questions of the privileges of canon (Canon 119), forum (Canon 120),
immunity (Canon 121). Sacrilegious impurity committed with a person
vowed to chastity and sacrilegious impurity committed by a person vowed
to chastity are grave sins of lust, even though they be only of thought
or desire.
(b) Local sacrilege is committed when the sacredness of a place is
injured. A place is considered sacred or religious when it possesses
sanctity as being consecrated or blessed for divine worship or for
burial of the faithful, namely, churches, public or semi-public
oratories, and consecrated cemeteries. Injury is done to the holiness
of the place by desecration or profanation. Desecration is the
performance in a sacred place of a notorious act of irreverence which
so spiritually contaminates it that the divine offices may not be
lawfully celebrated therein until the rite of reconciliation has been
performed. Canon 1172 enumerates four causes of desecration: the crime
of homicide; the injurious and serious shedding of human blood; impious
or sordid uses (e.g., if a church were turned into a brothel or
gambling den, a dump, or cattle stable), and burial of an infidel or
person excommunicated by condemnatory or declaratory sentence.
Profanation of a sacred place is a disregard for the religious respect
or immunity due to it which in some way materially contaminates it
(e.g., if a church is not kept nice and clean; if markets and fairs are
held in its precincts; if it is used for shows, plays, moving pictures,
banquets, court proceedings; if the right of asylum is violated; if the
church is broken into, seriously defaced, burned). These matters are
treated more fully in commentaries on Canons 1172 sqq.
(c) Real sacrilege is committed when the sacredness of an object is
violated. An object is sacred when it contains the Author of holiness
or confers holiness (viz., the Eucharist and the other Sacraments),
when it is naturally related to the Sacraments or sacred persons (e.g.,
the sacred vessels, images and relics of the Saints), when it is set
aside for the uses of worship (e.g., holy water and other sacramentals,
candles for the altar) or the maintenance of the Church or its
ministers (viz., movables and immovables of a parish, money left for
the support of the clergy, seminarians, etc.). Injury is done to the
holiness of an object by unworthy treatment or by unjust damage or
conversion. Examples of unworthy treatment are the following: the
invalid or sinful administration or reception of a Sacrament, parodies
of Sacred Scripture, scandalous manner of enacting sacred rites or
saying prayers, use of sacred chalices or other sacred vessels or of
blessed articles for profane purposes, use of unblessed holy articles
for sordid or ignoble purposes, handling of chalices, etc., by those
who have no right to touch sacred vessels (Canon 1306). Examples of
unjust damage or conversion are: contemptuous breaking or burning of
relics, oils, pictures used for worship; theft of moneys or goods
belonging to the Church.
2312. Special Cases Regarding Local Sacrilege.--Local sacrilege is not
committed by every sin, even though grave, that is done in a holy
place, for the character of this sacrilege is that it be such an injury
to the sacredness of the place as to make what should be hallowed seem
horrible, or contemptible, or common. Hence, there is no sacrilege in
detractions, lies, perjuries, blasphemies, or in most internal sins,
when committed in a church or cemetery. But there are two kinds of sins
which are sacrilegious profanations of holy places, namely, theft and
impurity.
(a) Theft in a holy place is certainly sacrilegious when the thing
taken is sacred (e.g., a chalice, money in the votive stands). It is
probably not sacrilegious when the thing taken is not sacred (e.g., the
pocketbook of a person kneeling in the church), and if the thing taken
was not left in the custody of the place. This matter, however, is
disputed.
(b) Impurity, if external and perfect (_voluntaria effusio seminis_),
is sacrilegious, though under the Code it does not seem to be a
desecration. The same is probably true of external but imperfect sins
(such as touches, looks, words, gestures). Internal acts of impurity
are not sacrilegious, unless they include a desire to sin externally in
a holy place.
2313. Cases Wherein There Is No Sacrilege.--In the following cases no
sacrilege is committed:
(a) when the thing violated is not sacred. There is no personal
sacrilege in an act of unchastity committed by a person privately vowed
to chastity (common opinon). While some authors teach that personal
sacrilege is committed by the violation of poverty and obedience (see
Merkelbach, _Summa Theologiae Moralis_ II, n.804, 4), it seems better
to hold the opposite opinion and restrict personal sacrilege to
violations of chastity by persons with religious vows or admitted to
the religious state. There is no local sacrilege in the profane use of
a place devoted to works of piety but not specially set apart for them
by Church authority (such as a private oratory, or a hospital conducted
by the laity), nor in the burial of infidels in an unblessed graveyard.
There is no real sacrilege in profane use of things which are not set
apart exclusively for sacred use (e.g., to use the candelabra and
candles of the altar to read by in one’s room), or which have not been
made sacred (e.g., to steal money promised but not delivered to the
Church or the personal belongings of a cleric);
(b) when the thing injured is sacred, but the action or omission is not
opposed to the attribute in which it is holy, or to a law made to
ensure respect for it. Thus, a person who has the vow of chastity does
not commit sacrilege if he becomes intoxicated or uses profane
language, for he was not consecrated against those sins; a sacred place
is not sacrilegiously violated by an act not opposed to its holiness or
the respect demanded for it by the law (e.g., organ recitals or awards
for Christian Doctrine in church, sale of candles in the vestibule,
physical violence against a disturber of divine service). Sacrilege is
not done in reverently destroying an old and tattered vestment, in
respectfully handling agnus deis, relics, unused palls, and other
objects that may be touched by all.
2314. Sacredness as Aggravating Circumstance of Sin.--But a sin that is
not sacrilegious is often made worse by reason of the sacredness of
some thing with which the sin is connected. (a) Thus, the sin is
aggravated by such circumstances as person and place. In this way it is
worse for a person vowed to God to blaspheme or lie than for one who
has no vow; it is worse to carry on frivolous or calumnious
conversations in church than on the street. (b) The sin receives the
additional malice of sacrilege if the sinner expressly intends the
circumstance of time, place, etc., in order to show contempt. Thus, it
is not sacrilege to get drunk on a Sunday or holyday, unless one wishes
by the sin to show dishonor to the sacred time; it is not sacrilege to
conduct oneself with levity in church, unless one wishes by the levity
to show contempt for the place.
2315. The Malice of Sacrilege.--(a) The moral malice of sacrilege is
that of irreligiousness (see 2299). The three kinds of sacrilege
(personal, local and real) are commonly regarded as three distinct
species of sin; for, just as injuries done to a man’s person, to his
immovable property, and to his movable goods are looked upon in law as
different kinds of offenses, so are injuries offered to the ministers
of God, the house of God, and the objects used in the service of God
unequal in the dishonor which they give to God before the public. More
probably there are no sub-species of these three classes of sacrilege.
Hence, in so far as the disrespect to God is concerned, there seems no
essential difference between the sin of violating and that of striking
a consecrated virgin.
(b) The theological malice of sacrilege is mortal from the nature of
the sin. Just as it is gravely insulting to a man to treat his
representatives or his home or chattels with contempt, likewise
disrespect for the things of God is disrespect for God Himself. The
seriousness of sacrilege is seen from the punishments visited on Core,
Dathan and Abiron (Num., xvi), on the sons of Heli (I Kings, ii. 17,
iv. 11), on King Balthasar (Dan., v. 2 sqq.), and on the sellers in the
temple (John, ii. 14). Sacrilege may be venial, however, on account of
the imperfection of the act (e.g., when one strikes a priest without
reflecting that he is a clergyman) or the smallness of the matter
(e.g., to quote Scripture in a decent joke, to use altar linen that is
only slightly soiled or torn, to touch the chalice without permission,
to steal a few pennies from a church).
2316. Conditions that Govern Gravity of Sacrilege.--To decide in a
concrete case whether a sacrilege is gravely or lightly sinful, one
should consider the internal state of mind of the offender and the
external character of the offense. (a) Thus, if the purpose is directly
and formally to dishonor God, the sin is grave, but, if there is some
other purpose, it may be light. (b) If the thing dishonored is more
closely related to God, or if the act of dishonor is in public
estimation more insulting, the sin is more serious. Unworthy treatment
of the Eucharist is the worst of sacrileges; ill-usage of a sacred
person is worse than disrespect for a sacred place; treading the Sacred
Species under foot is more contemptuous than an unworthy Communion, etc.
2317. Simony.--Simony derives its name from Simon Magus, the first
person in New Testament times, as far as we know, who committed this
crime. For it is written of Simon (Acts, viii. 18 sqq.) that he
attempted to buy from St. Peter the power of imposition of hands. But
the sin was not unknown in the Old Testament, as we see from the
examples of Baalam (Numb., xxii. 7), Giezi (IV Kings, v. 20 sqq.), and
Jason (II Mach., iv. 7 sqq.).
2318. Definition of Simony.--Simony is defined as “the studied will to
buy or sell for a temporal price or consideration something that is
spiritual either intrinsically or extrinsically.”
(a) Simony is in the will, for it is an act of injustice pretending to
have or to receive the right of dominion over spiritual things that
belong to God alone, and injustice is a vice of the will. Hence, simony
is not an internal sin of the intellect; for, though one who practises
simony externally makes to some extent a profession of belief in the
heresy that man is the owner of spirituals and gives grounds for the
suspicion that he holds that the sale of spirituals is lawful, yet he
may know well that the things of God are priceless and still wish to
give or receive a price for them. Again, simony is not to be identified
with the external act of bargaining for spirituals; for, though the law
punishes only external or completed simony, the guilt and malice of the
sin is present even when one has the desire to traffic in spiritual
things, but makes no overtures or compact.
(b) Simony is a studied will; that is, it is an act of free and
deliberate choice selecting some form of internal or external simony as
a desirable means. Hence, it is not sufficient for the sin of simony
that there be an internal wish not fully voluntary on account of
inculpable ignorance or imperfect consent; nor, on the other hand, is
it necessary for incurring the guilt of simony that there be a mutual
pact, but it suffices that one party alone have the will to make the
pact or to obligate another party to simony.
(c) It is a wish to buy or sell, that is, to give or receive a temporal
thing in exchange for a spiritual thing. There is question here, then,
not only of the contract of sale, but of any other form of onerous
contract, such as hire, rent, loan, exchange, _do ut des_, _facio ut
facias_, etc. To be simoniacal, however, a contract need not be
fulfilled or explicitly manifested; it suffices that it be unfulfilled
or tacitly made, if the sinful intent can be gathered from the
circumstances of the case. Hence, from the present part of the
definition it follows that there is no simony in a gratuitous contract
(e.g., when one gives a gift to another hoping and expecting that the
later from gratitude will give in return something spiritual which it
is lawful to bestow from gratitude; when a poor person offers to make a
novena for benefactors who give him an alms). It is simony, however, to
make an onerous contract under the guise of a gratuitous contract, for
example: “I give you this money as a pure gift on condition that you
will not be ungrateful but will give me this spiritual favor as a pure
gift.”
(d) The price or consideration in simony is some thing, action or
forbearance which in some way is of advantage to the recipient. Simony
in the strictest sense is committed when a temporal thing is offered
for a spiritual thing (e.g., money paid for a Sacrament); simony in the
wide sense is committed when, contrary to the law on simony, things
like in character are exchanged (2323 a). Thus, if the Church forbids
Mass to be exchanged for Mass, or benefice for benefice, or the office
of sacristan for that of sexton, transgressors are guilty of the second
form of simony.
(e) The matter of simony is something intrinsically or extrinsically
spiritual. In general, the spiritual is that which proceeds from God or
tends to Him as the Author or End of eternal salvation (viz., the
destiny, law, means, works, etc., proposed to us in Christian
revelation and religion). Among these things those are intrinsically
spiritual that pertain to the supernatural order on account of some
inherent character of their own (e.g., grace, Sacraments, Mass,
miracles) or some intimate union with things spiritual (e.g., benefices
attached to spiritual offices, consecration to be given a chalice);
those are extrinsically spiritual that are in themselves temporal, but
in church law are treated as spiritual for the sake of reverence to the
intrinsically spiritual (e.g., chrism in regard to the material itself
of the oil and other ingredients). If the matter of a contract is
neither intrinsically nor extrinsically spiritual, there is no simony
in buying or selling it (e.g., devotional books, household furnishings
of a rectory, personal effects of a cleric).
2319. Temporal Price in Simony.--The temporal price in simony is some
temporal good or advantage. St. Gregory the Great distinguishes three
kinds of simoniacal prices as follows:
(a) the price from the hand (_munus a manu_) is either money or things
that have a money value, such as movable or immovable property,
corporeal or incorporeal rights. It would be simony to give a benefice
in exchange for a sum of money, for a loan, for real estate;
(b) the price from the tongue (_munus a lingua_) is any kind of
patronage, such as praise, recommendation, protection, defense,
opposition to competitors, etc. It would be simony to confer a benefice
in exchange for the influence in one’s favor which the recipient of the
benefice would exercise with some powerful person, for his vote in an
election, etc.;
(c) the price in service (_munus ab obsequio_) is any kind of temporal
labor or assistance given for another’s benefit, such as the management
of his business or the instruction of his children. It would be simony
to grant a benefice in exchange for work done as secretary, treasurer,
or advisor.
2320. The Spiritual Thing in Simony.--The thing inherently spiritual in
simony is also of three kinds. (a) That which is spiritual from its
nature is a thing that is supernatural in itself, such as sanctifying
grace, the Gifts of the Holy Ghost, and the power of orders or of
jurisdiction. (b) That which is supernatural from its cause is a thing
produced by a supernatural agency or power, such as health obtained
through miracle. (c) That which is supernatural from its effect is a
thing having the virtue of producing supernatural results, _ex opere
operato_, or _ex opere operantis_, or as an occasion (e.g., Sacraments,
prayers, sermons).
2321. Temporal Thing United with Spiritual.--In the two following ways
things are made spiritual in reference to simony through intimate union
with spirituals: (a) by necessary connection, when a temporal thing is
so annexed with a spiritual thing that it cannot exist without it. This
includes the things annexed consequently, and perhaps also those
annexed concomitantly and intrinsically (see 2322); (b) by contractual
connection, when a spiritual and a temporal are the partial objects of
a contract, as when in the sale of a consecrated chalice the price is
raised on account of the consecration.
2322. Temporal Thing Annexed to Spiritual.--In three ways a temporal
thing is annexed to a spiritual thing.
(a) The temporal thing is annexed antecedently if it precedes the
spiritual thing as its prepared or appointed or presupposed matter or
subject. Thus, all things that receive a consecration or blessing
(e.g., chalices, rosaries) or a property to which a right of patronage
is attached are of this kind. Relics are properly of this category,
but, since they have usually no material value, it is customary to
include them amongst spirituals.
(b) The temporal thing is annexed concomitantly if it is simultaneous
with the spiritual thing as being the action or labor that produces it.
If the union is essential and inseparable, the temporal thing is said
to be annexed intrinsically (e.g., the work performed in saying Mass,
preaching, making a sick call); if the union is not essential, the
temporal thing is said to be annexed extrinsically (e.g., the special
work performed in saying Mass, if it has to be sung, or said in a
distant church, or at a determined hour).
(c) The temporal thing is annexed consequently when it presupposes the
spiritual thing as the cause on which it depends. Thus, the revenues of
a parish are a temporal thing, but they follow on the pastoral office
which is a spiritual thing.
2323. The Various Kinds of Simony.--(a) In reference to its matter or
the law violated, simony is either against natural and divine law or
against positive ecclesiastical law. Simony against divine law consists
in the exchange for temporalities of things that are spiritual or
intimately annexed to the spiritual (see 2321), such as Sacraments,
indulgences, or jurisdiction. Simony against church law consists in an
exchange that has the appearance of simony against divine law, or that
easily leads to simony against the divine law, and is consequently
forbidden by the Church in order to safeguard religious respect for
sacred things, as when one violates the law by taking money for holy
oils. In the former kind of simony, things of different orders
(spirituals and temporals) are exchanged one for the other; in the
latter kind of simony, things of the same sort (spirituals for
spirituals, temporals for temporals, etc.) are exchanged where the law
forbids (Canon 727).
(b) In reference to its manner, or the way in which it is committed,
simony is internal or external. Internal simony is the will, without
the external agreement, to exchange spirituals for temporals; it is
purely mental if nothing external is done by reason of the internal
will; it is not purely mental if something external is done by reason
of the internal will (e.g., if the person who desires to commit simony
makes a money present to another in the hope that the latter will feel
morally bound to give something spiritual in return, or if one gives
something spiritual looking for a substantial gift of money as
compensation). External simony is an outward pact freely entered into
between two parties to exchange spirituals for temporals. It is called
purely conventional, if neither party has as yet performed his part of
the agreement; it is semi-real or mixed, if one of the parties has
executed his part; it is real if both parties have performed, at least
in part, what they agreed to. A simoniacal compact is explicit, if
expressed by clear words or signs (e.g., “I will pay $100 for your
vote”); it is tacit, if circumstances indicate the evil intention
(e.g., very unusual presents given before an election).
2324. Confidential Simony.--Simony committed in reference to benefices
is called confidential because the contract is illegal, giving no
judicial protection, and there is only the confidence or reliance on
another’s word to give assurance that the agreement will be kept.
Canonists discuss at length the following contracts in which it is
committed:
(a) the contract _per accessum_ grants a benefice with the agreement
that the grantee will later resign, so that access to it may be had by
the grantor or a third party at present incapable;
(b) the contract _per ingressum_ resigns a benefice not yet taken
possession of with the understanding that the person who now enters
into possession will leave the place open for his predecessor if he
himself resigns or is promoted;
(e) the contract _per regressum_ resigns a benefice already possessed
with the understanding that it may be recovered by the person now
resigning or by a third party;
(d) the contract _per reservationem partis_ obtains a benefice for
another with the stipulation that he will pay a certain percentage of
its revenues to the person who obtains it for him or to a third party
(see Canon 1441).
2325. Simony Against Divine Law.--Simony against divine law is
committed in reference to spiritual things when a temporal price is
formally or virtually given or received for them.
(a) Thus, the temporal thing is formally set up as the price, when it
is regarded or treated as the end of the spiritual thing or action
itself (_finis operis_), one of the things exchanged being used as the
measure of value of the other. This happens when a person wills to buy
or sell a spiritual thing, either because he thinks that its value may
be expressed in terms of money or other temporal thing, or because he
judges that he should treat it as though money were its equivalent, as
when one fulfills a spiritual office and excludes every other motive
than that of lucre (Denzinger, n. 1196).
(b) The temporal thing is virtually set up as the price, when it is
intended as the sole proximate end of the agent himself (_finis
operantis_), though there is no explicit thought about values or prices
or comparisons. This happens when one gives a temporal thing and has no
other immediate personal purpose in this act than the acquisition of a
spiritual thing, or performs a pretendedly gratuitous service,
intending thereby to obligate the beneficiary to the grant of some
spiritual benefit, or bestows a “gratuitous” temporal favor as
compensation for a spiritual benefit or vice versa (Denzinger, n.
1195). This is simony, for he who explicitly intends only an exchange,
implicitly intends a price; and if it were not simony, then simony
would be almost entirely an entity of the mind, since it is a very
simple matter to will that the temporal thing exchanged shall be not
the price, but only the motive of the contract or gratuitous
compensation.
2326. The temporal thing is not made the virtual price of the spiritual
thing, if there is a lawful proximate motive (i.e., one recognized by
the Canons or legitimate custom) for giving the temporal thing and the
desire of receiving the spiritual thing is only the remote reason or
occasion of the act. For in such a case the temporal thing is given for
a lawful purpose and is not the price of a spiritual thing.
Examples: (a) If the recipient of the temporal thing has a right to it,
there is no simony. Thus, the ministers of the altar have a right to
their support (see 2186), and it is not simoniacal, when asking
spiritual things from them (e.g., the application of Mass to one’s
intention, the performance of Sacraments and sacred functions), to
offer a stipend or fee; (b) if the bestower of the temporal thing gives
it freely out of pure friendship, liberality, charity, gratitude or
good will, so that it is an absolute gift, there is no simony, even
though he hopes or expects that he will receive something spiritual as
a mark of appreciation. But “a charitable or friendly gift” may easily
be palliated simony; that is, there may be a pretense of liberality to
conceal the real purpose of purchasing spirituals with temporals.
2327. Rules of Alexander III for Determining Simony.--Alexander III
gave several rules for determining whether a gift is made from
liberality or with simoniacal intent.
(a) The following are marks of simoniacal intent: the quality of the
giver (e.g., that he is poor, or in great need, or not customarily
generous), the quantity of the gift (e.g., that it corresponds with the
value of a vacant benefice, that it is surprisingly large), the time of
the gift (e.g., that it is made when the donee is not in any special
need, or when he is about to confer an office, or after hints have been
made). If a gift is bestowed in connection with a spiritual thing
received, the presumption is for simoniacal intent, unless there was a
sincere and reasonable motive for the gift.
(b) The following, on the contrary, are marks of a liberal intent: the
quality of the giver (e.g., that he is wealthy, noted for kindness and
compassion, or liberal to all, or is a relative of the donee); the
quantity of the gift (e.g., that it is small or normal in size), the
time of the gift (e.g., if it is made when necessity, festal occasion,
or the like calls for it).
2328. Simony against Divine Law in Reference to Things Annexed to
Spirituals.--(a) It is simony against divine law to buy or sell things
annexed to spirituals consequently (e.g., the revenues of a benefice)
or concomitantly and intrinsically (e.g., the ordinary labor and
fatigue connected with preaching, saying Mass); for in the former case
the temporal grows out of a spiritual and is morally one with it, while
in the latter case the temporal has no value except in so far as it is
joined with the spiritual.
(b) It is not simony against divine law to buy or sell things annexed
to spirituals antecedently (e.g., blessed candles, sacred vestments),
if the price is not raised on account of the spiritual thing, or things
annexed concomitantly and extrinsically (e.g., the extraordinary labor
and fatigue caused by saying Mass in a distant place or at a late
hour); for in both cases the temporal has its own proper value and is
not considered as inseparable from the spiritual. There is simony
against divine law, however, if the price is raised on account of the
spiritual part (e.g., if something is added for the blessing given a
candle), and simony against church law if the transaction is forbidden
as simoniacal (e.g., deductions and payments made in the act of
preferment to a benefice are contrary to Canon 1441).
2329. Conditions Necessary for Simony against Ecclesiastical Law.--(a)
There must be an exchange through some kind of onerous contract, but it
suffices that the understanding be tacit and non-executed, as was
explained above (see 2323).
(b) There must be a law of the Church which, from a motive of respect
for sacred things, forbids the exchange.
(c) The simoniacal exchange is made, whether a temporal annexed to a
spiritual is given for another temporal annexed to a spiritual (e.g.,
benefice for benefice), or a spiritual for a spiritual, or a temporal
for a temporal. Canonists enumerate the following as examples of simony
of ecclesiastical law: gifts made in connection with a competitive
examination for a parochial benefice, with ordination or grant of
certain testimonial letters (Canon 545), with erection of
confraternities; sale of blessed oil or chrism, or of the right of
patronage (Canon 1470); remuneration for collection of stipends or for
expenses of Mass (Canons 840, 1303).
2330. Certain and Uncertain Simony.--(a) Cases in which simony is
certain are the administration of Sacraments or sacramentals to the
unworthy for the sake of the fee or favors, the sale of indulgences,
taxes or charges made contrary to law (e.g., for a Mass of bination).
Other examples are given in 2323 sqq. The Church demands that certain
ministrations (e.g., Confirmation, Eucharist, Penance, Extreme Unction,
Orders) be gratis, but there may be local customs or conditions that
justify exceptions. Some moralists teach that there is no simony when a
stipend is exacted for an obligatory ministry, if the simoniacal motive
is absent.
(b) Cases in which simony is controverted are those in which a tax or
stipend in excess of what is just or lawful is exacted (e.g., a Mass
stipend higher than custom permits). Some claim there is simony,
because the excess must be for the spiritual thing; others hold that
there is no simony, but only an unjust increase in the stipend allowed
for support; others say that there is no simony in the internal forum
if the intent is not simoniacal, but that there is simony in the
external forum on account of the presumption of simoniacal intent.
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 Mass,
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 competitor 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 entitled 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 institute, 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 title for bestowal
of the temporal, such as right of support (e.g., pastors’ salaries,
Mass stipends, fees), extrinsic values in a work or object (e.g., the
special labor in saying Mass 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., Mass for Mass),
or a temporal for a thing associated 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 God.--One who performs functions of religion
primarily and principally, 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 Mass stipends are
not called simony in the Code, but the penal law classes 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 Mass 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 God’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 God, 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 God
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 Mass on Sunday is a sin against religion, because
the Church commands in virtue of religion that Mass 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, Sec. 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 _latae
sententiae_ 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 pronounce on internal acts. But this does not take away
the serious guilt in the sight of God. (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 _latae sententiae_, 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. Restitution 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 restitution, if the
spiritual thing cannot be restored (e.g., when one received a stipend
for a Mass of bination or demanded an excessive fee for a sacred
function).
2341. Restitution of the Temporal Price Received for Temporal Things
Annexed to Spirituals.--Restitution 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 restitution as a
penalty for an offense, as when for money one has resigned one’s
benefice in favor of another person.
2342. Circumstances of Restitution for Simony.--(a) The Time for
Restitution.--If simony is against natural law, restitution is due
before sentence; if against ecclesiastical law only, restitution is due
only after sentence.
(b) The Person to Whom Restitution 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 Restitution.--Impossibility, condonation or the
permission of the Church, express or presumed, excuses from the duty of
restitution.
2343. Restitution of Spiritual Thing Simoniacally Received.--The
spiritual thing simoniacally received must be restored even before the
sentence of the judge (Canon 729, Sec.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 restitution 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, gratitude, 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
God, who is our Heavenly Father and the First Author of our being.
Hence, those who are faithful to the worship of God 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 God as a tribute of filial devotion. The
merciful man has pity (piety), because his kindness to the unfortunate
honors God more than victims or sacrifices. Hence, since God is
merciful, He Himself is sometimes called pious: “The Lord is
compassionate (_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 assistance 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 God 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 God in acknowledgment of His excellence and our
dependence upon Him, so does piety show due respect to those who hold
the place of God 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 assistance. 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 destitute 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
nobility 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 entitled 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. cxxxvi). 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 Assistance 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 assisted; 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 assisted 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 noblest 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 institutions that constitute
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 God (Luke, xiv. 26; Matt., viii. 22),
nor neglect God’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 god, 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
class, 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 class, section,
party, personal ambition, or greed, etc.
2350. Malice of Sins against Piety.--(a) The moral malice is distinct
from that of other sins, since injustice committed against the debt
owed to the human principle of existence has a special character of
wrong, as being opposed to a special kind of right. Parricide and
matricide have always been looked on as having a peculiar enormity
among sins of homicide; and similarly, disrespect to father and mother
are greater evils than disrespect to persons who have no like claim to
honor. Hence, he who has struck his father must mention the
circumstance of relationship in confession, since it is a circumstance
that changes the species of the sin. But he who has struck his fourth
cousin need not confess the relationship, for distant kinship, though
an aggravating circumstance, does not give the injury the character of
impiety.
(b) The theological malice of the sin is grave from the sin’s nature,
since piety ranks next to religion and is the object of a special
commandment and promise from God. But the sin may be venial on account
of lightness of the offense (e.g., when young children answer back or
speak saucily to their parents, but without contempt) or on account of
the lesser importance of the person offended (e.g., when a brother
slaps his brother, the sin is not as serious as when a child strikes
his parent). Children who have been seriously disrespectful to their
parents are obliged to beg pardon; but to impose the obligation
regularly in confession is deemed unwise, since insistence may only
lead the penitent to new sins, and moreover the forgiveness of parents
may generally be presumed when there is amendment.
2351. The Virtue of Reverence.--This virtue is known in Latin as
_observantia_, because its object is persons of authority, whom it
carefully observes in order to revere their dignity and to learn their
commands. It is defined as “a moral virtue which inclines one to render
to persons of higher position the tribute of honor and obedience that
is due their authority.”
(a) It is a moral virtue, that is, one concerned immediately with the
direction of human acts. Reverence belongs to justice because it
renders to others what is due them.
(b) The persons to whom it does justice are those of higher position,
that is, superiors who rule over us or over others, and men
distinguished for virtue, knowledge or other excellent qualities that
make them fit to govern. Superior here does not mean that the person
who receives reverence must be in every way better than the person who
shows reverence (e.g., he who is superior in jurisdiction owes some
reverence to a subject who is more learned or virtuous than himself),
or that there must be inequality between the one who gives and the one
who receives reverence (e.g., two distinguished persons of equal rank
and merit owe mutual reverence to each other on account of the
superiority which each has to many others).
(c) The reason for reverence is the authority vested in these persons,
that is, the excellence of their state, which gives them a higher
dignity than others, and their office of ruling, which empowers them to
direct a subject to his proper end. Here we see that reverence is a
distinct virtue, for, while piety and reverence are both forms of
veneration, the motive of each is different. Thus, a child owes to his
father piety, because from the father was received the beginning of his
life, and reverence, because from the father is received direction to
his end. Again, a subject owes the rulers of his country both piety and
reverence: piety, as regards their relation to the common good and the
nation (e.g., when the ruler is given his special salute), reverence,
as regards their personal rank and glory (e.g., when assistance is
given the ruler to lessen the burden of his office).
(d) The first tribute paid by reverence is honor, which is a testimony
given to worth, and is offered to the dignity or rank of the superior.
Honor differs from reverence as the effect differs from the cause, or
the means from the end; for it is reverence that prompts one to show
honor, and honor is meant to excite in others reverence for the person
honored. The debt of honor is due those who are superior in
jurisdiction, from legal justice; it is due to those who are superiors,
but not in jurisdiction, not from legal justice, since the law does not
enforce it, but from moral obligation, since it is decent and becoming.
(e) The second tribute of reverence is obedience, which is submission
to law, and is offered to the ruling power of the superior. This
tribute of reverence is paid only to one’s own ruling superior, since
others have no power to impose upon one their will or precept.
2352. Species of Honor.--(a) As to kinds, there is common honor which
is shown to all and by all (e.g., God honors the Saints, and Tobias and
Mardochaeus were honored by their sovereigns), and the special honor of
homage which includes submission and is shown only by inferiors or
servants to their superiors or masters.
(b) As to modes, there is honor in general and praise, which is a
special form of honor; Praise is given in speech or writing; honor is
shown not only by words, but also by deeds (e.g., by salutations,
prostrations) and things (e.g., by monuments, presents, banquets,
titles).
(c) As to motives, there is civil honor (i.e., the respect shown to the
temporal authority of rulers, teachers, employers, etc.), religious
honor (i.e., the respect shown to the spiritual authority of the Pope,
bishops, priests, etc.), and supernatural honor (i.e., the respect
given to the virtue of holy men). This last honor is known as _dulia_
(service) when offered to the Saints who reign with Christ in heaven,
as _hyperdulia_ (superior service) when offered to the Mother of God.
2353. Obligation of Showing Honor to Deserving Excellence.--(a) Common
honor should be given to all who are not irrevocably evil and
malignant, that is, it should be shown to all creatures, the damned
excepted. For, as was said above, there is no one who is not possessed
of superiority in some respect, and it is even reasonable to believe
that the most unpromising person is better than oneself in some quality
or other. Hence, the Scriptures admonish us to honor all (I Peter, ii.
17), to be beforehand in giving honor to one another (Rom., xii. 10),
and humbly to believe that others are superior (Phil., ii. 3). But in
bestowing honor, while one should have at least in general an honorable
opinion of others, the duty of external honor does not oblige at all
times or in all circumstances; and the same kind of honor is not to be
given by or to all persons. Those who show the ordinary signs of
charity (as they should) in greetings, salutations, courtesies, and the
like, comply sufficiently with the duty of common honor.
(b) Special honor should be given all those who have a right to it:
“Tribute to whom tribute is due, honor to whom honor is due” (Rom.,
xiii. 7). Thus, rulers and prelates should be given the respect due
their station, even though personally they are wicked, for in the honor
given their rank reverence is shown to God, whose ministers they are,
and to the community which they represent. There is a moral, though not
a legal, obligation to honor men distinguished for holiness for their
own sakes since, while honor is not a sufficient reward of virtue, it
is a distinguished mark of recognition, and for the sake of others,
since virtue in honor is like a lamp placed upon a stand and shining
for many (Matt., v. 15).
2354. Obligation of the Religious Cult of Dulia.--(a) There is no
strict duty of giving veneration to the Blessed Virgin, the Angels,
Saints, images, or relics, for absolutely speaking it suffices for
salvation to adore God. But it is of faith that the cult of these holy
persons and things is lawful and useful; hence he who should neglect it
would not merely disregard the earnest advice of the Church, but he
would also deny to God’s friends and heroes the honors they deserve
(Ecclus., xliv. 1; Heb., xi), and would deprive himself of precious
helps of intercession and inspiration. Some believe it is at least
venially sinful never to invoke the Blessed Virgin, and surely there
would be sin--and perhaps even grave sin, _per accidens_--if the
neglect was scandalous or perilous to salvation.
(b) There is an obligation in performing acts of cult to make the
veneration suitable to the dignity of the object (e.g., to the Mother
of God belongs _hyperdulia_, to the Saints of God _dulia_; to holy
persons is given absolute cult, to holy objects relative cult) and
conformable to the laws of the Church (e.g., the titles of Venerable,
Blessed, Saint are conferred only by the Church; public cult may be
performed only by those authorized to act in the name of the Church and
only by such rites as have been approved). It is lawful privately to
pray to infants who died after Baptism, and, according to many, to the
souls in Purgatory; but it would be superstitious to give to the damned
or false saints the cult that belongs only to the canonized Saints.
2355. Obedience.--Obedience is a moral virtue annexed to justice which
inclines one to comply promptly and willingly with the command of one’s
superior, because it is a command and obligatory.
(a) Obedience is prompt and willing, and so it differs from forced or
unwilling or tardy submission and from servile and politic obedience
(which would not obey were it not for fear or self-interest), for these
lack either the good will or the good motive required by virtue. Note
also that the virtue of obedience differs from the vow of obedience in
this, that the vow obliges to the external performance of a command,
while the virtue includes also internal submission.
(b) It is shown to a superior. Between equals there is not obedience in
the strict sense, though one of them may out of charity or friendship
yield to what the other desires.
(c) It is compliance with a command, that is, with a law or precept
imposed by authority. Some authorities hold that it is an act of
obedience to fulfill the known will of a superior, even though it has
not been imposed as obligatory; but others see in such a fulfillment,
not obedience, but the perfection or spirit of obedience. Thus, if a
son knows that his father wishes him to perform a certain work, but has
received no orders to do it and leaves it undone, this omission
according to the first opinion is disobedience, while according to the
second it is a want of the spirit of obedience.
(d) It obeys precisely because the superior’s will has been expressed
as a command. It is this intention that sets off obedience from other
acts of virtue about commanded matters. There is a material obedience
which is a circumstance of other virtues and may be called a general
virtue (e.g., when one keeps the first commandment out of love for God,
there is charity; when one keeps the seventh commandment out of love of
honesty, there is justice). The formal obedience of which we now speak
is a peculiar and distinct virtue, because it keeps the law simply
because it is law and as such should be kept.
2356. Power of Jurisdiction and Dominative Power.--There are two kinds
of power that confer moral authority to impose a command--the power of
jurisdiction and dominative power.
(a) The power of jurisdiction is had by one who rules in a perfect
society (Church or State), which has supreme authority and the right to
impose laws.
(b) Dominative power is had by one who rules in an imperfect society,
which has dependent authority and the right to impose precepts only.
This power arises either from the very nature of society as a body
composed of superior and subjects (e.g., in the family the children are
necessarily subject to the father), or from agreement between the
parties concerned (e.g., the wife by marrying becomes subject to her
husband, the servant by taking employment becomes subject to the
employer, the religious by entering a community or by vowing obedience
becomes subject to the superior).
2357. Degrees of Obedience.--Ascetical authors distinguish three
degrees of obedience: (a) external obedience, which performs with
exactness the thing commanded though there is no heart or willingness
in its act; (b) internal obedience, which joins willingness to external
submission though the judgment doubts the wisdom or value or good faith
of the command; (c) blind obedience, which submits the judgment itself
to the superior’s judgment, provided of course the thing ordered is not
clearly sinful (Matt, ix. 9; Gen., xxii. 3 sqq.; Matt., ii. 13 sqq.).
2358. Comparison of Obedience with the Other Virtues.--(a) Obedience,
as was explained above (2355), is distinct from the other virtues on
account of its different formal object. Its act is found sometimes
joined with other virtues (e.g., to fast during Lent in order to keep
the law is an act of obedience, but it is also an act of temperance if
actuated by love of moderation, or an act of religion if offered as
homage to God); but obedience may be separate from other virtues, as
when a superior commands or forbids something indifferent in order to
try a subject’s obedience (e.g., to take a walk solely because it has
been commanded is an act of obedience only).
(b) Obedience is less perfect than the theological virtues, since it
belongs to the moral virtues, which are not directly concerned with God
Himself but with the means to union with Him (I Tim., i. 5). Among
those moral virtues that consist in contempt of temporal things,
obedience which serves God in all things has a certain preeminence,
inasmuch as it contemns for God’s sake the noblest human good, one’s
own will, whereas the other virtues contemn lower goods (those of the
body and external things); on the other hand, obedience is inferior to
religion, since, while obedience consists in veneration of the law,
religion consists in veneration of God Himself. But acts of worship
performed without devotion or without regard for God’s will are not to
be compared with respectful obedience, since the former are sins and
the latter is both religious and obedient; hence, it is said that
obedience is better than sacrifice (I Kings, xv. 22), which means that
internal devotion is to be preferred to mere external worship.
Spiritual writers praise obedience as the guardian of all the virtues
and the safe road in which they walk (Prov., xxi. 28).
2359. Comparison of Acts of Obedience.--(a) All acts of obedience are
of the same species, since in spite of diversity of superiors or of
laws there is always in obedience the same essential character on
account of the motive. Whoever may be the superior or whatever may be
the law, the reason for obedience is always the authority that commands
and the obligation that it imposes. Thus, whether one obeys God, or the
Church, or the State, or parents, the virtue is always one and the same.
(b) All acts of obedience are not of the same perfection, for
circumstances (e.g., the willingness, the duration, the difficulty) add
to the merit of obedience. It should be noted, however, that to obey by
performing what one likes is not necessarily less virtuous than to obey
by performing what one dislikes; for the thing liked may be something
hard that appeals to few and may be performed from a spirit of willing
obedience, whereas the thing that is disliked may be something easy and
may be performed with less willingness.
2360. The Duty of Obedience.--Since obedience is obligatory because a
superior has the right to command, the extent of the duty depends on
the extent of the superior’s authority.
(a) Thus, God must be obeyed in all things that He commands, for He is
Lord of all and cannot command what is unlawful: “Let us do all that
the Lord has spoken and we shall be obedient” (Exod., xxiv. 7). Man is
not bound, however, to wish all that God wishes in particular, since
God wishes things from the viewpoint of the universal good, and the
creature from the viewpoint of the limited good known to him (e.g., it
is not lawful for man to wish the damnation or the misfortune of those
whom God will permit to suffer these evils); but man is bound to wish
that which God desires him to wish (e.g., that his neighbor will not be
lost, that his father will not now die). Neither is man bound to
perform what God proposed to him as a counsel. In certain instances
(Gen., xxii. 2; Exod., xii. 36; Osee, i. 2) it appears that God
commanded sin, but only a foolish or blasphemous person would interpret
the facts in that impossible sense. In the physical order, a miracle
wrought by God is not contrary to the law of nature established by Him,
but to the usual course of nature; and similarly the commands referred
to were not contrary to the laws of virtue, but to the usual manner of
virtue, as was explained in 308 sqq.
(b) Man must be obeyed in all those things in which he has lawful
authority to command, first, because God Himself requires this and he
who resists resists God (Rom, xii. 2); next, because without obedience
the peaceful order of society cannot be maintained. Even though the
superior be wicked or an infidel, obedience is due him, for it is given
him, not in his personal, but in his official capacity (Matt, xxiii. 2,
3). The Scriptures command obedience to all classes of lawful
superiors, whether ecclesiastical (Heb, xiii. 17), civil (Titus, iii.
1; I Peter, ii. 13), or domestic (Eph, vi. 1, v. 22-24, vi. 5-8).
2361. When Obedience Is Not Lawful or Obligatory.--Obedience to a human
superior is not lawful or not obligatory in those matters in which the
superior has no authority to command.
(a) It is not lawful to obey a human superior when his command is
clearly contrary to the command of a higher superior, and therefore
unlawful. Thus, one may not obey any human superior when he orders sin,
even a venial sin, for we must obey God rather than man (Acts, v. 29;
Rom., iii. 8); neither may one obey a subordinate official who commands
something clearly opposed to the law or to the regulations of his own
superior. It does not belong to the subject, however, to sit in
judgment on his superior, and hence, unless the unlawfulness of a
command is manifest, the subject must presume that it is lawful.
(b) It is not necessary to obey a human superior when his command
exceeds his competency, or when he orders things over which he has no
control. Thus, God alone has authority over the internal action of the
soul and over the natural state of the body; and as regards these
things all men are equal, one indeed being less perfect mentally or
bodily than another, but none being subject to another in these
matters. Divine law regulates the interior (e.g., the command to
believe, the prohibition to covet), but human law is confined to
external acts; divine law can regulate things pertaining to the nature
of the body (e.g., God could command an individual to marry, or to
observe virginity, or to abstain from all food), but human law is
concerned with external things, in which men are unequal, and it cannot
take away natural rights to life or the means thereto (see 292 on
Inalienable Rights). Moreover, even as regards external acts and
things, the authority of a superior is limited by the bounds which its
nature gives it; for example, temporal authority cannot command
spiritual acts, a ruler placed over one territory or group cannot
command for others, a constitutional body cannot make laws beyond the
powers conferred by its constitution, ecclesiastical laws or customs
rejected by the Code cannot be enforced, etc. It is clear, too, that no
superior may command the execution of what is physically or morally
impossible, and generally a subject should not be required to practise
heroic virtue (e.g., to expose his life to danger; see 374). If a
command is plainly ridiculous (that is, if it lacks a reasonable
motive), it would be more perfect to obey, but it seems it would not be
a sin to disregard it.
2362. Obedience in Cases Where There Is Normally No Obligation.--If a
superior oversteps his authority, the subject may obey when the matter
is lawful and the motive of submission is good. In certain cases it is
even obligatory to obey a superior in matters over which normally he
would not have authority. Such cases are the following:
(a) on account of a vow or other free and moral agreement, a subject is
held to obedience in matters pertaining to the nature of the body
(e.g., when he has made a vow of virginity). The Church cannot impose
virginity, but he who has vowed to observe it, must fulfill the
conditions and precautions necessary for its observance, and can be
ordered so to do;
(b) on account of circumstances, such as scandal or danger of great
evils, it is sometimes necessary to yield submission to a command that
is not of itself obligatory (see 376, 377).
2363. Internal Actions and Human Superiors.--Internal actions in
themselves do not fall under human authority, and hence the Apostle
says: “Judge not before the time until the Lord come, who will make
manifest the counsels of the heart” (I Cor., iv. 5). But in two ways
these actions may be dealt with authoritatively by human superiors.
(a) Thus, in the internal forum and there alone, internal acts
themselves are subject to a human superior; for the confessor knows and
acts there, not as man, but as the representative of God, and hence he
may pass on and prescribe internal thoughts and desires just as God may
pass on them and prescribe them.
(b) In the external forum, the Church deals with internal acts in so
far as they enter into an external act as a necessary ingredient of its
goodness or malice, as when she commands a devout communion or
pronounces censure against judges who are swayed by fear or favor. This
question was treated above in 426.
2364. Obligation of the Vow of Obedience.--(a) The vow obliges a
religious to observe the commands of superiors that are given according
to the rule which the religious professed. Hence, there would be no
obligation in virtue of the vow of performing commands that are not
authorized explicitly or implicitly in the rule (e.g., if a cloistered
religious were bidden to engage in hospital work), nor, unless
otherwise vowed, of keeping each prescription of the rule or
constitutions. A command to accept a relaxation from the rule is
obligatory, unless the dispensation is clearly invalid (cfr. 2225,
2237).
(b) The obligation is grave only when superiors command in a grave
matter and with the intention of imposing a grave precept. The
intention of a superior is indicated by a form of words and other
circumstances which the rule or constitutions prescribe for the
imposition of a grave precept.
2365. Sins against Obedience.--Since obedience is a moral virtue and
therefore observes a mean, there is both an excess and a defect that it
avoids.
(a) Thus, the sin of excess is not found in the quantity of obedience,
for the more obedient a subject is, the more is he worthy of praise. It
is found, therefore, in other circumstances of the act of submission,
as when one obeys a person or a command which one should not obey.
Sinful submission is just as foreign to obedience as superstition is to
religion; cringing submission or servility in matters where one should
think and judge for oneself is only a simulacrum of obedience.
(b) The sin of defect is found in disobedience to a lawful command.
This sin may also be said to include both excess and defect--the former
because the subject follows his own desires more than he should, and
the latter because the superior does not receive what he is entitled to
(see 1711 sqq.).
2366. Definition of Disobedience.--Disobedience is the transgression of
the lawful command of a superior.
(a) It is a transgression, that is, a voluntary neglect or refusal to
perform what is ordered or to omit what is forbidden, or to perform or
omit at the time or in the manner ordered. Thus, there is no
disobedience if fulfillment is impossible--for example, if a subject
who is summoned to present himself at a certain place does not receive
the notice or becomes too ill to make the journey, or if he is asked to
give what he cannot give, or if he is burdened with so many laws or
regulations that he cannot even know what they are, much less attempt
to observe them.
(b) Disobedience transgresses a lawful command, that is, one which is
morally good and issues from competent authority. It is not
disobedience to refuse to do what is evidently illicit (e.g., to lie or
steal), or what is illegally ordered (e.g., to submit to arrest
blindly, to perform what the law forbids the superior to order).
(c) It is violation of a command, that is, of a law or precept. Hence,
it is not disobedience to neglect advice or exhortations or requests
made by superiors, if the subject-matter is not otherwise obligatory
(e.g., a daughter is not disobedient if she does not choose the husband
picked out for her by her parents).
(d) It is against the command of a superior, and hence, if there is
opposition between laws or precepts, the higher law and the higher
superior prevails (288 sqq.).
2367. The Kinds of Disobedience.--(a) By reason of the subject,
disobedience is either material or formal, according as the
transgressor intends only the satisfaction of his sinful desire against
some other virtue, or intends the violation of obedience itself.
Material disobedience is found in every sin, since every sin is a
transgression, and in this sense the pride of the original sin is
called disobedience (Rom., v. 19); but formal disobedience is a special
sin, and it is committed only when the sinner transgresses purposely in
order not to submit.
(b) By reason of the object, formal disobedience is contempt either for
the law or for the superior. In the former case the transgressor
despises the commandment given him and vents his dislike in
disobedience; in the latter case the transgressor belittles the
authority of the lawmaker or superior who made the law or who gave the
precept; or scorns his sinfulness, ignorance, or low birth; or hates or
envies him, and therefore proceeds to break his laws or precepts. If
contempt moves one to rebel against every command, it is perfect; if it
extends to only one or another matter, it is imperfect.
2368. It is not sinful contempt of a person in authority, however, if
the subject does not admire his character, or agree with his opinions,
or approve of his courses, when the subject has good reason for his
view and does not forget the respect and obedience due to authority and
law.
2369. Theological Sinfulness of Formal Disobedience.--(a) From its
nature formal disobedience is a grave sin, since it is contrary to
charity, which is the life of the soul and the end of the law. Love of
God demands that we keep His commandments and be submissive to His
representatives (Rom., xiii. 2; John, xiv, 21; Rom., ii. 23, xiii. 2;
Luke, X. 16). Disobedience is classed by St. Paul with the worst sins
of the ancient pagans (Rom., i. 30) and of the sinners of the last days
(II Tim, iii. 1), with witchcraft and idolatry (I Kings, xv. 23).
(b) From the imperfection of the act formal disobedience is sometimes
only a venial sin, as when in a sudden fit of anger against his
superiors a child refuses to obey his teachers or parents.
(c) From the lightness of the matter, formal disobedience is only a
venial sin, if the contempt is imperfect and not directed against God,
and the matter of the command or transgression is not serious (e.g., if
one gets up a few minutes late in the morning once or twice as a
protest against a regulation). But, even though the matter is not
serious in itself, formal disobedience is a grave sin, when the
contempt is perfect (e.g., if in a spirit of defiance and of
anarchistic contempt for all his laws one pays no heed to some minor
regulation of a superior), and perhaps also when contempt is directed
against a divine precept (e.g., if with the feeling that the eighth
commandment is foolish or useless, one tells small lies); for in the
former case there is grave contempt, in the latter case blasphemy.
2370. Moral Species of Disobedience.--(a) In formal disobedience, if
the command belongs to some special virtue, there are two sins, namely,
that against obedience and that against the virtue intended by the
lawgiver (e.g., when out of contempt one violates the third
commandment); but, if the command was given for the sake of obedience
only, there is but the one sin of formal disobedience (e.g., when out
of stubbornness a child refuses to do the study or other work imposed
by parents or teachers).
(b) In material disobedience, if the command was given for the sake of
some special virtue, there is but the one sin against that virtue, as
when one breaks the fifth or sixth commandment to satisfy passion; but
if the command was given for the exercise of submission only, there is
but the one general sin of disobedience, as when a child eats between
meals against the command given by his mother.
2371. Circumstances that Aggravate Formal Disobedience.--One act of
formal disobedience can be worse than another such act in two ways:
(a) by reason of the rank of the person who gave the command. Thus, it
is more serious to disobey God than to disobey man, and more serious to
disobey a higher than a lower superior;
(b) by reason of the rank which the thing commanded has in the
intention of the superior. Thus, when disobeying God it is more serious
to transgress against the higher than against the lower good, for God
always prefers the better good; but in disobeying man alone it is more
serious to transgress against the good, higher or lower, which the
lawgiver has more at heart.
2372. Comparison of Formal Disobedience with Other Sins.--(a)
Disobedience against God (e.g., contempt for His law) is worse than
sins against the neighbor (e.g., murder, theft, adultery). This is true
when these latter sins do not include formal disobedience against God,
for, _per se_ and other things being equal, a sin against God is more
serious than a sin against a creature; it is also true when sins
against creatures include formal disobedience against God but offend a
less important commandment, as when the one sin is perjury and the
other theft.
(b) Contempt for the lawgiver, even without disobedience, is worse than
contempt for the law with disobedience, since the lawgiver is of
greater importance than his precept. Thus, it is worse to blaspheme God
than to despise His commandment; it is worse to hold a superior in
contempt than to disregard his precept.
2373. The Virtue of Gratitude.--Religion, piety, reverence and
obedience are annexed to justice on account of a legal debt; the
virtues that remain, beginning with gratitude, are assigned to justice
on account of a moral debt only (see 2143). Gratitude is defined as “a
moral virtue that inclines one to acknowledge with appreciation and to
repay with gladness the favors one has received.”
(a) The object of gratitude is favors received, that is, some good
useful and acceptable to the recipient and gratuitously bestowed. Thus,
gratitude is not owed for a thing that is harmful (e.g., for aid in the
commission of sin, for gifts offered with purpose of bribery or simony)
or useless (e.g., for old articles which the giver only wished to get
rid of and forced one to take). Neither is gratitude owed for presents
made with the purpose of ridicule or offense. Finally, no thanks are
due for what was owed in justice (e.g., wages for work performed),
though courtesy demands a pleasant response to every good one receives,
even when it is not a favor.
(b) The offices of gratitude are acknowledgment and repayment. The
former consists in thoughts or words, such as remembrance of
benefactors, praise of their good deeds, words of thanks; the latter
consists in acts or things, such as honor, service, assistance, and
gifts (Tob., xii. 2, 4).
2374. Two Kinds of Gratitude.--(a) In a wide sense, gratitude is the
recognition of favors received from superiors, and does not differ from
religion, piety and reverence, by which one gives due acknowledgment to
God as the first cause of all benefits, to parents as the second cause
of life and training, and to rulers as the second cause of direction or
guidance or of public and common benefits. (b) In its strict sense,
gratitude refers only to special and private benefits distinct from
those mentioned above. Gratitude, then, is a distinct virtue and
follows in order after reverence.
2375. Is greater gratitude due to God for the gift of innocence or for
the gift of repentance?
(a) If we consider only the greatness of the favor, the one who has
been preserved from sin owes more gratitude to God; for, _per se_ and
other things being equal, it is a greater favor to be kept from sin
than to be rescued from it.
(b) If we consider the liberality of the favor, the one who has
received the gift of repentance should be more thankful, for God is
more generous when He bestows His grace on one who deserved punishment.
2376. Circumstances of Gratitude.--(a) To Whom Gratitude Should Be
Shown.--Every benefactor should be repaid internally (e.g., by kind
remembrance and prayers) and also externally, unless this is impossible
(e.g., when he has become so depraved that one can have no dealings
with him). The internal debt is lessened if the benefactor was less
benevolent (e.g., if he gave grudgingly, or in an unkind manner, or
only with a view to self-advertisement), for the gift is esteemed
chiefly from the good will of the giver; the external debt is lessened
if the benefactor stands less in need of external help (e.g., if he is
wealthy or famous).
(b) By Whom Gratitude Should Be Shown.--Every person who is favored
should be thankful. There is no one so high that another cannot be his
benefactor, and the greatest or wealthiest person should not feel it
beneath his dignity to repay even small favors sincerely given. Neither
is there anyone so low, whether child or pauper, that he cannot to some
extent, by his respect, affection, prayers, etc., recompense his
benefactors.