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

Whether the Punishment of Sacrilege Should Be Pecuniary?

Objection 1: It would seem that the punishment of sacrilege should

not be pecuniary. A pecuniary punishment is not wont to be inflicted

for a criminal fault. But sacrilege is a criminal fault, wherefore it

is punished by capital sentence according to civil law [*Dig. xlviii,

13; Cod. i, 3, de Episc. et Cleric.]. Therefore sacrilege should not

be awarded a pecuniary punishment.

Obj. 2: Further, the same sin should not receive a double punishment,

according to Nahum 1:9, "There shall not rise a double affliction."

But sacrilege is punished with excommunication; major

excommunication, for violating a sacred person, and for burning or

destroying a church, and minor excommunication for other sacrileges.

Therefore sacrilege should not be awarded a pecuniary punishment.

Obj. 3: Further, the Apostle says (1 Thess. 2:5): "Neither have we

taken an occasion of covetousness." But it seems to involve an

occasion of covetousness that a pecuniary punishment should be

exacted for the violation of a sacred thing. Therefore this does not

seem to be a fitting punishment of sacrilege.

_On the contrary,_ It is written [*XVII, qu. iv, can. Si quis

contumax]: "If anyone contumaciously or arrogantly take away by force

an escaped slave from the confines of a church he shall pay nine

hundred soldi": and again further on (XVII, qu. iv, can. Quisquis

inventus, can. 21): "Whoever is found guilty of sacrilege shall pay

thirty pounds of tried purest silver."

_I answer that,_ In the award of punishments two points must be

considered. First equality, in order that the punishment may be just,

and that "by what things a man sinneth by the same . . . he may be

tormented" (Wis. 11:17). In this respect the fitting punishment of

one guilty of sacrilege, since he has done an injury to a sacred

thing, is excommunication [*Append. Gratian. on can. Si quis

contumax, quoted above] whereby sacred things are withheld from him.

The second point to be considered is utility. For punishments are

inflicted as medicines, that men being deterred thereby may desist

from sin. Now it would seem that the sacrilegious man, who reverences

not sacred things, is not sufficiently deterred from sinning by

sacred things being withheld from him, since he has no care for them.

Wherefore according to human laws he is sentenced to capital

punishment, and according to the statutes of the Church, which does

not inflict the death of the body, a pecuniary punishment is

inflicted, in order that men may be deterred from sacrilege, at least

by temporal punishments.

Reply Obj. 1: The Church inflicts not the death of the body, but

excommunication in its stead.

Reply Obj. 2: When one punishment is not sufficient to deter a man

from sin, a double punishment must be inflicted. Wherefore it was

necessary to inflict some kind of temporal punishment in addition to

the punishment of excommunication, in order to coerce those who

despise spiritual things.

Reply Obj. 3: If money were exacted without a reasonable cause, this

would seem to involve an occasion of covetousness. But when it is

exacted for the purpose of man's correction, it has a manifest

utility, and consequently involves no occasion of avarice.

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Summa Theologica, Part II-II (Secunda Secundae) Translated by Fathers of the English Dominican Province · 第 647 / 1128 题