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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.
Objection 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 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.
Objection 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 to Objection 1: In the Old Law, as stated above (Article
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 to Objection 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 to Objection 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.
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