Whether Tithes Should Be Paid to the Clergy?
Objection 1: It would seem that tithes should not be paid to the
clergy. Tithes were paid to the Levites in the Old Testament, because
they had no portion in the people's possessions, according to Num.
18:23, 24. But in the New Testament the clergy have possessions not
only ecclesiastical, but sometimes also patrimonial: moreover they
receive first-fruits, and oblations for the living and the dead.
Therefore it is unnecessary to pay tithes to them.
Obj. 2: Further, it sometimes happens that a man dwells in one
parish, and farms in another; or a shepherd may take his flock within
the bounds of one parish during one part of the year, and within the
bounds of another parish during the other part of the year; or he may
have his sheepfold in one parish, and graze the sheep in another. Now
in all these and similar cases it seems impossible to decide to which
clergy the tithes ought to be paid. Therefore it would seem that no
fixed tithe ought to be paid to the clergy.
Obj. 3: Further, it is the general custom in certain countries for
the soldiers to hold the tithes from the Church in fee; and certain
religious receive tithes. Therefore seemingly tithes are not due only
to those of the clergy who have care of souls.
_On the contrary,_ It is written (Num. 18:21): "I have given to the
sons of Levi all the tithes of Israel for a possession, for the
ministry wherewith they serve Me in the Tabernacle." Now the clergy
are the successors of the sons of Levi in the New Testament.
Therefore tithes are due to the clergy alone.
_I answer that,_ Two things have to be considered with regard to
tithes: namely, the right to receive tithes, and the things given in
the name of tithes. The right to receive tithes is a spiritual thing,
for it arises from the debt in virtue of which the ministers of the
altar have a right to the expenses of their ministry, and temporal
things are due to those who sow spiritual things. This debt concerns
none but the clergy who have care of souls, and so they alone are
competent to have this right.
On the other hand the things given in the name of tithes are
material, wherefore they may come to be used by anyone, and thus it
is that they fall into the hands of the laity.
Reply Obj. 1: In the Old Law, as stated above (A. 1, ad 4), special
tithes were earmarked for the assistance of the poor. But in the New
Law the tithes are given to the clergy, not only for their own
support, but also that the clergy may use them in assisting the poor.
Hence they are not unnecessary; indeed Church property, oblations and
first-fruits as well as tithes are all necessary for this same
purpose.
Reply Obj. 2: Personal tithes are due to the church in whose parish a
man dwells, while predial tithes seem more reasonably to belong to
the church within whose bounds the land is situated. The law,
however, prescribes that in this matter a custom that has obtained
for a long time must be observed [*Cap. Cum sint, and Cap. Ad
apostolicae, de Decimis, etc.]. The shepherd who grazes his flock at
different seasons in two parishes, should pay tithe proportionately
to both churches. And since the fruit of the flock is derived from
the pasture, the tithe of the flock is due to the church in whose
lands the flock grazes, rather than to the church on whose land the
fold is situated.
Reply Obj. 3: Just as the Church can hand over to a layman the things
she receives under the title of tithe, so too can she allow him to
receive tithes that are yet to be paid, the right of receiving being
reserved to the ministers of the Church. The motive may be either the
need of the Church, as when tithes are due to certain soldiers
through being granted to them in fee by the Church, or it may be the
succoring of the poor; thus certain tithes have been granted by way
of alms to certain lay religious, or to those that have no care of
souls. Some religious, however, are competent to receive tithes,
because they have care of souls.
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