I answer that, Just as the sacraments are called spiritual, because they confer a spiritual grace, so, too, certain other things are called spiritual, because they flow from spiritual grace and dispose thereto. And yet these things are obtainable through the ministry of men, according to 1 Cor. 9:7, "Who serveth as a soldier at any time at his own charges? Who feedeth the flock, and eateth not of the milk of the flock?" Hence it is simoniacal to sell or buy that which is spiritual in such like actions; but to receive or give something for the support of those who minister spiritual things in accordance with the statutes of the Church and approved customs is lawful, yet in such wise that there be no intention of buying or selling, and that no pressure be brought to bear on those who are unwilling to give, by withholding spiritual things that ought to be administered, for then there would be an appearance of simony. But after the spiritual things have been freely bestowed, then the statutory and customary offerings and other dues may be exacted from those who are unwilling but able to pay, if the superior authorize this to be done.
Reply to Objection 1: As Jerome says in his commentary on Mic. 3:9, certain gifts were freely offered to the good prophets, for their livelihood, but not as a price for the exercise of their gift of prophecy. Wicked prophets, however, abused this exercise by demanding payment for it.
Reply to Objection 2: Those who give alms to the poor in order to obtain from them the assistance of their prayers do not give with the intent of buying their prayers; but by their gratuitous beneficence inspire the poor with the mind to pray for them freely and out of charity. Temporal things are due to the preacher as means for his support, not as a price of the words he preaches. Hence a gloss on 1 Tim. 5:11, "Let the priests that rule well," says: "Their need allows them to receive the wherewithal to live, charity demands that this should be given to them: yet the Gospel is not for sale, nor is a livelihood the object of preaching: for if they sell it for this purpose, they sell a great thing for a contemptible price." In like manner temporal things are given to those who praise God by celebrating the divine office whether for the living or for the dead, not as a price but as a means of livelihood; and the same purpose is fulfilled when alms are received for making processions in funerals. Yet it is simoniacal to do such things by contract, or with the intention of buying or selling. Hence it would be an unlawful ordinance if it were decreed in any church that no procession would take place at a funeral unless a certain sum of money were paid, because such an ordinance would preclude the free granting of pious offices to any person. The ordinance would be more in keeping with the law, if it were decreed that this honor would be accorded to all who gave a certain alms, because this would not preclude its being granted to others. Moreover, the former ordinance has the appearance of an exaction, whereas the latter bears a likeness to a gratuitous remuneration.
Reply to Objection 3: A person to whom a spiritual power is entrusted is bound by virtue of his office to exercise the power entrusted to him in dispensing spiritual things. Moreover, he receives a statutory payment from the funds of the Church as a means of livelihood. Therefore, if he were to accept anything for the exercise of his spiritual power, this would imply, not a hiring of his labor (which he is bound to give, as a duty arising out of the office he has accepted), but a sale of the very use of a spiritual grace. For this reason it is unlawful for him to receive anything for any dispensing whatever, or for allowing someone else to take his duty, or for correcting his subjects, or for omitting to correct them. On the other hand it is lawful for him to receive "procurations," when he visits his subjects, not as a price for correcting them, but as a means of livelihood. He that is possessed of science, without having taken upon himself the obligation of using it for the benefit of others can lawfully receive a price for his learning or advice, since this is not a sale of truth or science, but a hiring of labor. If, on the other hand, he be so bound by virtue of his office, this would amount to a sale of the truth, and consequently he would sin grievously. For instance, those who in certain churches are appointed to instruct the clerics of that church and other poor persons, and are in receipt of an ecclesiastical benefice for so doing, are not allowed to receive anything in return, either for teaching, or for celebrating or omitting any feasts.
Reply to Objection 4: It is unlawful to exact or receive anything as price for entering a monastery: but, in the case of small monasteries, that are unable to support so many persons, it is lawful, while entrance to the monastery is free, to accept something for the support of those who are about to be received into the monastery, if its revenues are insufficient. In like manner it is lawful to be easier in admitting to a monastery a person who has proved his regard for that monastery by the generosity of his alms: just as, on the other hand, it is lawful to incite a person's regard for a monastery by means of temporal benefits, in order that he may thereby be induced to enter the monastery; although it is unlawful to agree to give or receive something for entrance into a monastery (I, qu. ii, cap. Quam pio).
Whether it is lawful to receive money for things annexed to spiritual things?
Objection 1: It would seem lawful to receive money for things annexed to spiritual things. Seemingly all temporal things are annexed to spiritual things, since temporal things ought to be sought for the sake of spiritual things. If, therefore, it is unlawful to sell what is annexed to spiritual things, it will be unlawful to sell anything temporal, and this is clearly false.
Objection 2: Further, nothing would seem to be more annexed to spiritual things than consecrated vessels. Yet it is lawful to sell a chalice for the ransom of prisoners, according to Ambrose (De Offic. ii, 28). Therefore it is lawful to sell things annexed to spiritual things.
Objection 3: Further, things annexed to spiritual things include right of burial, right of patronage, and, according to ancient writers, right of the first-born (because before the Lord the first-born exercised the priestly office), and the right to receive tithes. Now Abraham bought from Ephron a double cave for a burying-place ( Gn. 23:8, sqq.), and Jacob bought from Esau the right of the first-born ( Gn. 25:31, sqq.). Again the right of patronage is transferred with the property sold, and is granted "in fee." Tithes are granted to certain soldiers, and can be redeemed. Prelates also at times retain for themselves the revenues of prebends of which they have the presentation, although a prebend is something annexed to a spiritual thing. Therefore it is lawful to sell things annexed to spiritual things.
On the contrary, Pope Paschal [*Paschal II] says (cf. I, qu. iii, cap. Si quis objecerit): "Whoever sells one of two such things, that the one is unproductive without the other, leaves neither unsold. Wherefore let no person sell a church, or a prebend, or anything ecclesiastical."
I answer that, A thing may be annexed to spiritual things in two ways. First, as being dependent on spiritual things. Thus to have to spiritual things, because it is not competent save to those who hold a clerical office. Hence such things can by no means exist apart from spiritual things. Consequently it is altogether unlawful to sell such things, because the sale thereof implies the sale of things spiritual. Other things are annexed to spiritual things through being directed thereto, for instance the right of patronage, which is directed to the presentation of clerics to ecclesiastical benefices; and sacred vessels, which are directed to the use of the sacraments. Wherefore such things as these do not presuppose spiritual things, but precede them in the order of time. Hence in a way they can be sold, but not as annexed to spiritual things.
Reply to Objection 1: All things temporal are annexed to spiritual things, as to their end, wherefore it is lawful to sell temporal things, but their relation to spiritual things cannot be the matter of a lawful sale.
Reply to Objection 2: Sacred vessels also are annexed to spiritual things as to their end, wherefore their consecration cannot be sold. Yet their material can be sold for the needs of the Church or of the poor provided they first be broken, after prayer has been said over them, since when once broken, they are considered to be no longer sacred vessels but mere metal: so that if like vessels were to be made out of the same material they would have to be consecrated again.
Reply to Objection 3: We have no authority for supposing that the double cave which Abraham bought for a burial place was consecrated for that purpose: wherefore Abraham could lawfully buy that site to be used for burial, in order to turn it into a sepulchre: even so it would be lawful now to buy an ordinary field as a site for a cemetery or even a church. Nevertheless because even among the Gentiles burial places are looked upon as religious, if Ephron intended to accept the price as payment for a burial place, he sinned in selling, though Abraham did not sin in buying, because he intended merely to buy an ordinary plot of ground. Even now, it is lawful in a case of necessity to sell or buy land on which there has previously been a church, as we have also said with regard to sacred vessels (Reply OBJ[2]). Or again, Abraham is to be excused because he thus freed himself of a grievance. For although Ephron offered him the burial place for nothing, Abraham deemed that he could not accept it gratis without prejudice to himself.
The right of the first-born was due to Jacob by reason of God's choice, according to Mal. 1:2 , 3 "I have loved Jacob, but have hated Esau." Wherefore Esau sinned by selling his birthright, yet Jacob sinned not in buying, because he is understood to have freed himself of his grievance.
The right of patronage cannot be the matter of a direct sale, nor can it be granted "in fee," but is transferred with the property sold or granted.
The spiritual right of receiving tithes is not granted to layfolk, but merely the temporal commodities which are granted in the name of tithe, as stated above (Q[87], A[3]).
With regard to the granting of benefices it must, however, be observed, that it is not unlawful for a bishop, before presenting a person to a benefice, to decide, for some reason, to retain part of the revenues of the benefice in question, and to spend it on some pious object. But, on the other hand, if he were to require part of the revenues of that benefice to be given to him by the beneficiary, it would be the same as though he demanded payment from him, and he would not escape the guilt of simony.
Whether it is lawful to grant spiritual things in return for an equivalent of service, or for an oral remuneration?
Objection 1: It would seem that it is lawful to grant spiritual things in return for an equivalent of service, or an oral remuneration. Gregory says (Regist. iii, ep. 18): "It is right that those who serve the interests of the Church should be rewarded." Now an equivalent of service denotes serving the interests of the Church. Therefore it seems lawful to confer ecclesiastical benefices for services received.
Objection 2: Further, to confer an ecclesiastical benefice for service received seems to indicate a carnal intention, no less than to do so on account of kinship. Yet the latter seemingly is not simoniacal since it implies no buying or selling. Therefore neither is the former simoniacal.
Objection 3: Further, that which is done only at another's request would seem to be done gratis: so that apparently it does not involve simony, which consists in buying or selling. Now oral remuneration denotes the conferring of an ecclesiastical benefice at some person's request. Therefore this is not simoniacal.
Objection 4: Further, hypocrites perform spiritual deeds in order that they may receive human praise, which seems to imply oral remuneration: and yet hypocrites are not said to be guilty of simony. Therefore oral remuneration does not entail simony.
On the contrary, Pope Urban [*Urban II, Ep. xvii ad Lucium] says: "Whoever grants or acquires ecclesiastical things, not for the purpose for which they were instituted but for his own profit, in consideration of an oral remuneration or of an equivalent in service rendered or money received, is guilty of simony."
I answer that, As stated above (A[2]), the term "money" denotes "anything that can have a pecuniary value." Now it is evident that a man's service is directed to some kind of usefulness, which has a pecuniary value, wherefore servants are hired for a money wage. Therefore to grant a spiritual thing for a service rendered or to be rendered is the same as to grant it for the money, received or promised, at which that service could be valued. If likewise, to grant a person's request for the bestowal of a temporary favor is directed to some kind of usefulness which has a pecuniary value. Wherefore just as a man contracts the guilt of simony by accepting money or any eternal thing which comes under the head of "real remuneration," so too does he contract it, by receiving "oral remuneration" or an "equivalent in service rendered."