Summa Theologica by Saint Thomas Aquinas (whitelam books .TXT) 📕

"These things you ought to have done," i.e. during the time of the Law, according to Chrysostom's [*Hom. xliv in the Opus Imperfectum falsely ascribed to St. John Chrysostom] commentary. This also seems to denote fittingness rather than obligation. Therefore now too men are not bound to pay tithes on such minute things, except perhaps by reason of the custom of one's country.

Reply Obj. 4: A man is not bound to pay tithes on what he has lost by theft or robbery, before he recovers his property: unless he has incurred the loss through his own fault or neglect, because the Church ought not to be the loser on that account. If he sell wheat that has not been tithed, the Church can command the tithes due to her, both from the buyer who has a thing due to the Church, and from the seller, because so far as he is concerned he has defrauded the Church: yet if one pays, the other is not bound. Tithes are due on the fruits of the earth, in so far as these fruits are the gift of God. Wherefore tithes do not come under a tax, nor are they subject to workmen's wages. Hence it is not right to deduct one's taxes and the wages paid to workmen, before paying tithes: but tithes must be paid before anything else on one's entire produce. _______________________

THIRD ARTICLE [II-II, Q. 87, Art. 4]

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. _______________________

FOURTH ARTICLE [II-II, Q. 87, Art. 4]

Whether the Clergy Also Are Bound to Pay Tithes?

Objection 1: It would seem that clerics also are bound to pay tithes. By common law [*Cap. Cum homines, de Decimis, etc.] the parish church should receive the tithes on the lands which are in its territory. Now it happens sometimes that the clergy have certain lands of their own on the territory of some parish church, or that one church has ecclesiastical property on the territory of another. Therefore it would seem that the clergy are bound to pay predial tithes.

Obj. 2: Further, some religious are clerics; and yet they are bound to pay tithes to churches on account of the lands which they cultivate even with their own hands [*Cap. Ex parte, and Cap. Nuper.]. Therefore it would seem that the clergy are not immune from the payment of tithes.

Obj. 3: Further, in the eighteenth chapter of Numbers (26, 28), it is prescribed not only that the Levites should receive tithes from the people, but also that they should themselves pay tithes to the high-priest. Therefore the clergy are bound to pay tithes to the Sovereign Pontiff, no less than the laity are bound to pay tithes to the clergy.

Obj. 4: Further, tithes should serve not only for the support of the clergy, but also for the assistance of the poor. Therefore, if the clergy are exempt from paying tithes, so too are the poor. Yet the latter is not true. Therefore the former is false.

On the contrary, A decretal of Pope Paschal [*Paschal II] says: "It is a new form of exaction when the clergy demand tithes from the clergy" [*Cap. Novum genus, de Decimis, etc.].

I answer that, The cause of giving cannot be the cause of receiving, as neither can the cause of action be the cause of passion; yet it happens that one and the same person is giver and receiver, even as agent and patient, on account of different causes and from different points of view. Now tithes are due to the clergy as being ministers of the altar and sowers of spiritual things among the people. Wherefore those members of the clergy as such, i.e. as having ecclesiastical property, are not bound to pay tithes; whereas from some other cause through holding property in their own right, either by inheriting it from their kindred, or by purchase, or in any other similar manner, they are bound to the payment of tithes.

Hence the Reply to the First Objection is clear, because the clergy like anyone else are bound to pay tithes on their own lands to the parish church, even though they be the clergy of that same church, because to possess a thing as one's private property is not the same as possessing it in common. But church lands are not tithable, even though they be within the boundaries of another parish.

Reply Obj. 2: Religious who are clerics, if they have care of souls, and dispense spiritual things to the people, are not bound to pay tithes, but they may receive them. Another reason applies to other religious, who though clerics do not dispense spiritual things to the people; for according to the ordinary law they are bound to pay tithes, but they are somewhat exempt by reason of various concessions granted by the Apostolic See [*Cap. Ex multiplici, Ex parte, and Ad audientiam, de Decimis, etc.].

Reply Obj. 3: In the Old Law first-fruits were due to the priests, and tithes to the Levites; and since the Levites were below the priests, the Lord commanded that the former should pay the high-priest "the tenth part of the tenth" [*Num. 18:26] instead of first-fruits: wherefore for the same reason the clergy are bound now to pay tithes to the Sovereign Pontiff, if he demanded them. For natural reason dictates that he who has charge of the common estate of a multitude should be provided with all goods, so that he may be able to carry out whatever is necessary for the common welfare.

Reply Obj. 4: Tithes should be employed for the assistance of the poor, through the dispensation of the clergy. Hence the poor have no reason for accepting tithes, but they are bound to pay them. _______________________

QUESTION 88

OF VOWS
(In Twelve Articles)

We must now consider vows, whereby something is promised to God.
Under this head there are twelve points of inquiry:

(1) What is a vow?

(2) What is the matter of a vow?

(3) Of the obligation of vows;

(4) Of the use of taking vows;

(5) Of what virtue is it an act?

(6) Whether it is more meritorious to do a thing from a vow, than without a vow?

(7) Of the solemnizing of a vow;

(8) Whether those who are under another's power can take vows?

(9) Whether children may be bound by vow to enter religion?

(10) Whether a vow is subject to dispensation or commutation?

(11) Whether a dispensation can be granted in a solemn vow of continence?

(12) Whether the authority of a superior is required in a dispensation from a vow? _______________________

FIRST ARTICLE [II-II, Q. 88, Art. 1]

Whether a Vow Consists in a Mere Purpose of the Will?

Objection 1: It would seem that a vow consists in nothing but a purpose of the will. According to some [*William of Auxerre, Sum. Aur. III, xxviii, qu. 1; Albertus Magnus, Sent. iv, D, 38], "a vow is a conception of a good purpose after a firm deliberation of the mind, whereby a man binds himself before God to do or not to do a certain thing." But the conception of a good purpose and so forth, may consist in a mere movement of the will. Therefore a vow consists in a mere purpose of the will.

Obj. 2: Further, the very word vow seems to be derived from voluntas (will), for one is said to do a thing proprio voto (by one's own vow) when one does it voluntarily. Now to purpose is an act of the will, while to promise is an act of the reason. Therefore a vow consists in a mere act of the will.

Obj. 3: Further, our Lord said (Luke 9:62): "No man putting his hand to the plough, and looking back, is fit for the kingdom of God." Now from the very fact that a man has a purpose of doing good, he puts his hand to the plough. Consequently, if he look back by desisting from his good purpose, he is not fit for the kingdom of God. Therefore by a mere good purpose a man is bound before God, even without making a promise; and consequently it would seem that a vow consists in a mere purpose of the will.

On the contrary, It is written (Eccles. 5:3): "If thou hast vowed anything to God, defer not to pay it, for an unfaithful and foolish promise displeaseth Him." Therefore to vow