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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