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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.
Objection 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.
Objection 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.
Objection 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 to Objection 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 to Objection 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 to Objection 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.
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