Reply Obj. 1: Whatever is given to the poor is not a sacrifice properly speaking; yet it is called a sacrifice in so far as it is given to them for God's sake. In like manner, and for the same reason, it can be called an oblation, though not properly speaking, since it is not given immediately to God. Oblations properly so called fall to the use of the poor, not by the dispensation of the offerers, but by the dispensation of the priests.

Reply Obj. 2: Monks or other religious may receive oblations under three counts. First, as poor, either by the dispensation of the priests, or by ordination of the Church; secondly, through being ministers of the altar, and then they can accept oblations that are freely offered; thirdly, if the parishes belong to them, and they can accept oblations, having a right to them as rectors of the Church.

Reply Obj. 3: Oblations when once they are consecrated, such as sacred vessels and vestments, cannot be granted to the use of the laity: and this is the meaning of the words of Pope Damasus. But those which are unconsecrated may be allowed to the use of layfolk by permission of the priests, whether by way of gift or by way of sale. _____

THIRD ARTICLE [II-II, Q. 86, Art. 3]

Whether a Man May Make Oblations of Whatever He Lawfully Possesses?

Objection 1: It would seem that a man may not make oblations of whatever he lawfully possesses. According to human law [*Dig. xii, v, de Condict. ob. turp. vel iniust. caus. 4] "the whore's is a shameful trade in what she does but not in what she takes," and consequently what she takes she possesses lawfully. Yet it is not lawful for her to make an oblation with her gains, according to Deut. 23:18, "Thou shalt not offer the hire of a strumpet . . . in the house of the Lord thy God." Therefore it is not lawful to make an oblation of whatever one possesses lawfully.

Obj. 2: Further, in the same passage it is forbidden to offer "the price of a dog" in the house of God. But it is evident that a man possesses lawfully the price of a dog he has lawfully sold. Therefore it is not lawful to make an oblation of whatever we possess lawfully.

Obj. 3: Further, it is written (Malachi 1:8): "If you offer the lame and the sick, is it not evil?" Yet an animal though lame or sick is a lawful possession. Therefore it would seem that not of every lawful possession may one make an oblation.

On the contrary, It is written (Prov. 3:9): "Honor the Lord with thy substance." Now whatever a man possesses lawfully belongs to his substance. Therefore he may make oblations of whatever he possesses lawfully.

I answer that, As Augustine says (De Verb. Dom. Serm. cxiii), "shouldst thou plunder one weaker than thyself and give some of the spoil to the judge, if he should pronounce in thy favor, such is the force of justice that even thou wouldst not be pleased with him: and if this should not please thee, neither does it please thy God." Hence it is written (Ecclus. 34:21): "The offering of him that sacrificeth of a thing wrongfully gotten is stained." Therefore it is evident that an oblation must not be made of things unjustly acquired or possessed. In the Old Law, however, wherein the figure was predominant, certain things were reckoned unclean on account of their signification, and it was forbidden to offer them. But in the New Law all God's creatures are looked upon as clean, as stated in Titus 1:15: and consequently anything that is lawfully possessed, considered in itself, may be offered in oblation. But it may happen accidentally that one may not make an oblation of what one possesses lawfully; for instance if it be detrimental to another person, as in the case of a son who offers to God the means of supporting his father (which our Lord condemns, Matt. 15:5), or if it give rise to scandal or contempt, or the like.

Reply Obj. 1: In the Old Law it was forbidden to make an offering of the hire of a strumpet on account of its uncleanness, and in the New Law, on account of scandal, lest the Church seem to favor sin if she accept oblations from the profits of sin.

Reply Obj. 2: According to the Law, a dog was deemed an unclean animal. Yet other unclean animals were redeemed and their price could be offered, according to Lev. 27:27, "If it be an unclean animal, he that offereth it shall redeem it." But a dog was neither offered nor redeemed, both because idolaters used dogs in sacrifices to their idols, and because they signify robbery, the proceeds of which cannot be offered in oblation. However, this prohibition ceased under the New Law.

Reply Obj. 3: The oblation of a blind or lame animal was declared unlawful for three reasons. First, on account of the purpose for which it was offered, wherefore it is written (Malach. 1:8): "If you offer the blind in sacrifice, is it not evil?" and it behooved sacrifices to be without blemish. Secondly, on account of contempt, wherefore the same text goes on (Malach. 1:12): "You have profaned" My name, "in that you say: The table of the Lord is defiled and that which is laid thereupon is contemptible." Thirdly, on account of a previous vow, whereby a man has bound himself to offer without blemish whatever he has vowed: hence the same text says further on (Malach. 1:14): "Cursed is the deceitful man that hath in his flock a male, and making a vow offereth in sacrifice that which is feeble to the Lord." The same reasons avail still in the New Law, but when they do not apply the unlawfulness ceases. _____

FOURTH ARTICLE [II-II, Q. 86, Art. 4]

Whether Men Are Bound to Pay First-fruits?

Objection 1: It would seem that men are not bound to pay first-fruits. After giving the law of the first-born the text continues (Ex. 13:9): "It shall be as a sign in thy hand," so that, apparently, it is a ceremonial precept. But ceremonial precepts are not to be observed in the New Law. Neither therefore ought first-fruits to be paid.

Obj. 2: Further, first-fruits were offered to the Lord for a special favor conferred on that people, wherefore it is written (Deut. 26:2, 3): "Thou shalt take the first of all thy fruits . . . and thou shalt go to the priest that shall be in those days, and say to him: I profess this day before the Lord thy God, that I am come into the land, for which He swore to our fathers, that He would give it us." Therefore other nations are not bound to pay first-fruits.

Obj. 3: That which one is bound to do should be something definite. But neither in the New Law nor in the Old do we find mention of a definite amount of first-fruits. Therefore one is not bound of necessity to pay them.

On the contrary, It is laid down (16, qu. vii, can. Decimas): "We confirm the right of priests to tithes and first-fruits, and everybody must pay them."

I answer that, First-fruits are a kind of oblation, because they are offered to God with a certain profession (Deut. 26); where the same passage continues: "The priest taking the basket containing the first-fruits from the hand of him that bringeth the first-fruits, shall set it before the altar of the Lord thy God," and further on (Deut. 26:10) he is commanded to say: "Therefore now I offer the first-fruits of the land, which the Lord hath given me." Now the first-fruits were offered for a special reason, namely, in recognition of the divine favor, as though man acknowledged that he had received the fruits of the earth from God, and that he ought to offer something to God in return, according to 1 Paral 29:14, "We have given Thee what we received of Thy hand." And since what we offer God ought to be something special, hence it is that man was commanded to offer God his first-fruits, as being a special part of the fruits of the earth: and since a priest is "ordained for the people in the things that appertain to God" (Heb. 5:1), the first-fruits offered by the people were granted to the priest's use. Wherefore it is written (Num. 18:8): "The Lord said to Aaron: Behold I have given thee the charge of My first-fruits." Now it is a point of natural law that man should make an offering in God's honor out of the things he has received from God, but that the offering should be made to any particular person, or out of his first-fruits, or in such or such a quantity, was indeed determined in the Old Law by divine command; but in the New Law it is fixed by the declaration of the Church, in virtue of which men are bound to pay first-fruits according to the custom of their country and the needs of the Church's ministers.

Reply Obj. 1: The ceremonial observances were properly speaking signs of the future, and consequently they ceased when the foreshadowed truth was actually present. But the offering of first-fruits was for a sign of a past favor, whence arises the duty of acknowledgment in accordance with the dictate of natural reason. Hence taken in a general sense this obligation remains.

Reply Obj. 2: First-fruits were offered in the Old Law, not only on account of the favor of the promised land given by God, but also on account of the favor of the fruits of the earth, which were given by God. Hence it is written (Deut. 26:10): "I offer the first-fruits of the land which the Lord hath given me," which second motive is common among all people. We may also reply that just as God granted the land of promise to the Jews by a special favor, so by a general favor He bestowed the lordship of the earth on the whole of mankind, according to Ps. 113:24, "The earth He has given to the children of men."

Reply Obj. 3: As Jerome says [*Comment. in Ezech. 45:13, 14; cf. Cap. Decimam, de Decim. Primit. et Oblat.]: "According to the tradition of the ancients the custom arose for those who had most to give the priests a fortieth part, and those who had least, one sixtieth, in lieu of first-fruits." Hence it would seem that first-fruits should vary between these limits according to the custom of one's country. And it was reasonable that the amount of first-fruits should not be fixed by law, since, as stated above, first-fruits are offered by way of oblation, a condition of which is that it should be voluntary. _____

QUESTION 87

OF TITHES (In Four Articles)

Next we must consider tithes, under which head there are four points of inquiry:

(1) Whether men are bound by precept to pay tithes?

(2) Of what things ought tithes to be paid?

(3) To whom ought they to be paid?

(4) Who ought to pay tithes? _____

FIRST ARTICLE [II-II, Q. 87, Art. 1]

Whether Men Are Bound to Pay Tithes Under a Necessity of Precept?

Objection 1: It would seem that men are not bound by precept to pay tithes. The commandment to pay tithes is contained in the Old Law (Lev. 27:30), "All tithes of the land, whether of corn or of the fruits of trees, are the Lord's," and further on (Lev. 27:32): "Of all the tithes of oxen and sheep and goats, that pass under the shepherd's rod, every tenth that cometh shall be sanctified to the Lord." This cannot be reckoned among the moral precepts, because natural reason does not dictate that one ought to give a tenth part, rather than a ninth or eleventh. Therefore it is either a judicial or a ceremonial precept. Now, as stated above (I-II, Q. 103, A. 3; Q. 104, A. 3), during the time of grace men are hound neither to the ceremonial nor to the judicial precepts of the Old Law. Therefore men are not bound now to pay tithes.

Obj. 2: Further, during the time of grace men are bound only to those things which were commanded by Christ through the Apostles, according to Matt. 28:20, "Teaching them to observe all things whatsoever I have commanded you"; and Paul says (Acts 20:27): "I have not spared to declare unto you all the counsel of God." Now neither in the teaching of Christ nor in that of the apostles is there any mention of the paying of tithes: for the saying of our Lord about tithes (Matt. 23:23), "These things you ought to have done" seems to refer to the past time of legal observance: thus Hilary says (Super Matth. can. xxiv): "The tithing of herbs, which was useful in foreshadowing the future, was not to be omitted." Therefore during the time of grace men are not bound to pay tithes.

Obj. 3: Further, during the time of grace, men are not more bound to the legal observances than before the Law. But before the Law tithes were given, by reason not of a precept but of a vow. For we read (Gen. 28:20, 22) that Jacob "made a vow" saying: "If God shall be with me, and shall keep me in the way by which I walk . . . of all the things that Thou shalt give to me, I will offer tithes to Thee." Neither, therefore, during the time of grace are men bound to pay tithes.

Obj. 4: Further, in the Old Law men were bound to pay three kinds of tithe. For it is written (Num. 18:23, 24): "The sons of Levi . . . shall . . . be content with the oblation of tithes, which I have separated for their uses and necessities." Again, there were other tithes of which we read (Deut. 14:22, 23): "Every year thou shalt set aside the tithes of all thy fruits, that the earth bringeth forth year by year; and thou shalt eat before the Lord thy God in the place which He shall choose." And there were yet other tithes, of which it is written (Deut. 14:28): "The third year thou shalt separate another tithe of all things that grow to thee at that time, and shalt lay it up within thy gates. And the Levite that hath no other part nor possession with thee, and the stranger, and the fatherless, and the widow, that are within thy gates, shall . . . eat and be filled." Now during the time of grace men are not bound to pay the second and third tithes. Neither therefore are they bound to pay the first.

Obj. 5: Further, a debt that is due without any time being fixed for its payment, must be paid at once under pain of sin. Accordingly if during the time of grace men are bound, under necessity of precept, to pay tithes in those countries where tithes are not paid, they would all be in a state of mortal sin, and so would also be the ministers of the Church for dissembling. But this seems unreasonable. Therefore during the time of grace men are not bound under necessity of precept to pay tithes.

On the contrary, Augustine [*Append. Serm. cclxxcii], whose words are quoted 16, qu. i [*Can. Decimae], says: "It is a duty to pay tithes, and whoever refuses to pay them takes what belongs to another."

I answer that, In the Old Law tithes were paid for the sustenance of the ministers of God. Hence it is written (Malach. 3:10): "Bring all the tithes into My [Vulg.: 'the'] store-house that there may be meat in My house." Hence the precept about the paying of tithes was partly moral and instilled in the natural reason; and partly judicial, deriving its force from its divine institution. Because natural reason dictates that the people should administer the necessaries of life to those who minister the divine worship for the welfare of the whole people even as it is the people's duty to provide a livelihood for their rulers and soldiers and so forth. Hence the Apostle proves this from human custom, saying (1 Cor. 9:7): "Who serveth as a soldier at any time at his own charge? Who planteth a vineyard and eateth not of the fruit thereof?" But the fixing of the proportion to be offered to the ministers of divine worship does not belong to the natural law, but was determined by divine institution, in accordance with the condition of that people to whom the law was being given. For they were divided into twelve tribes, and the twelfth tribe, namely that of Levi, was engaged exclusively in the divine ministry and had no possessions whence to derive a livelihood: and so it was becomingly ordained that the remaining eleven tribes should give one-tenth part of their revenues to the Levites [*Num. 18:21] that the latter might live respectably; and also because some, through negligence, would disregard this precept. Hence, so far as the tenth part was fixed, the precept was judicial, since all institutions established among this people for the special purpose of preserving equality among men, in accordance with this people's condition, are called "judicial precepts." Nevertheless by way of consequence these institutions foreshadowed something in the future, even as everything else connected with them, according to 1 Cor. 12, "All these things happened to them in figure." In this respect they had something in common with the ceremonial precepts, which were instituted chiefly that they might be signs of the future. Hence the precept about paying tithes foreshadowed something in the future. For ten is, in a way, the perfect number (being the first numerical limit, since the figures do not go beyond ten but begin over again from one), and therefore he that gave a tenth, which is the sign of perfection, reserving the nine other parts for himself, acknowledged by a sign that imperfection was his part, and that the perfection which was to come through Christ was to be hoped for from God. Yet this proves it to be, not a ceremonial but a judicial precept, as stated above.

There is this difference between the ceremonial and judicial precepts of the Law, as we stated above (I-II, Q. 104, A. 3), that it is unlawful to observe the ceremonial precepts at the time of the New Law, whereas there is no sin in keeping the judicial precepts during the time of grace although they are not binding. Indeed they are bound to be observed by some, if they be ordained by the authority of those who have power to make laws. Thus it was a judicial precept of the Old Law that he who stole a sheep should restore four sheep (Ex. 22:1), and if any king were to order this to be done his subjects would be bound to obey. In like manner during the time of the New Law the authority of the Church has established the payment of tithe; thus showing a certain kindliness, lest the people of the New Law should give less to the ministers of the New Testament than did the people of the Old Law to the ministers of the Old Testament; for the people of the New Law are under greater obligations, according to Matt. 5:20, "Unless your justice abound more than that of the Scribes and Pharisees, you shall not enter into the kingdom of heaven," and, moreover, the ministers of the New Testament are of greater dignity than the ministers of the Old Testament, as the Apostle shows (2 Cor. 3:7, 8).

Accordingly it is evident that man's obligation to pay tithes arises partly from natural law, partly from the institution of the Church; who, nevertheless, in consideration of the requirements of time and persons might ordain the payment of some other proportion.

This suffices for the Reply to the First Objection.

Reply Obj. 2: The precept about paying tithes, in so far as it was a moral precept, was given in the Gospel by our Lord when He said (Matt. 10:10) [*The words as quoted are from Luke 10:7: Matthew has 'meat' instead of 'hire']: "The workman is worthy of his hire," and the Apostle says the same (1 Cor. 9:4 seqq.). But the fixing of the particular proportion is left to the ordinance of the Church.

Reply Obj. 3: Before the time of the Old Law the ministry of the divine worship was not entrusted to any particular person; although it is stated that the first-born were priests, and that they received a double portion. For this very reason no particular portion was directed to be given to the ministers of the divine worship: but when they met with one, each man of his own accord gave him what he deemed right. Thus Abraham by a kind of prophetic instinct gave tithes to Melchisedech, the priest of the Most High God, according to Gen. 14:20, and again Jacob made a vow to give tithes [*Gen. 28:20], although he appears to have vowed to do so, not by paying them to ministers, but for the purpose of the divine worship, for instance for the fulfilling of sacrifices, hence he said significantly: "I will offer tithes to Thee."

Reply Obj. 4: The second kind of tithe, which was reserved for the offering of sacrifices, has no place in the New Law, since the legal victims had ceased. But the third kind of tithe which they had to eat with the poor, is increased in the New Law, for our Lord commanded us to give to the poor not merely the tenth part, but all our surplus, according to Luke 11:41: "That which remaineth, give alms." Moreover the tithes that are given to the ministers of the Church should be dispensed by them for the use of the poor.

Reply Obj. 5: The ministers of the Church ought to be more solicitous for the increase of spiritual goods in the people, than for the amassing of temporal goods: and hence the Apostle was unwilling to make use of the right given him by the Lord of receiving his livelihood from those to whom he preached the Gospel, lest he should occasion a hindrance to the Gospel of Christ [*1 Cor. 9:12]. Nor did they sin who did not contribute to his upkeep, else the Apostle would not have omitted to reprove them. In like manner the ministers of the Church rightly refrain from demanding the Church's tithes, when they could not demand them without scandal, on account of their having fallen into desuetude, or for some other reason. Nevertheless those who do not give tithes in places where the Church does not demand them are not in a state of damnation, unless they be obstinate, and unwilling to pay even if tithes were demanded of them. _____

SECOND ARTICLE [II-II, Q. 87, Art. 2]

Whether Men Are Bound to Pay Tithes of All Things?

Objection 1: It would seem that men are not bound to give tithes of all things. The paying of tithes seems to be an institution of the Old Law. Now the Old Law contains no precept about personal tithes, viz. those that are payable on property acquired by one's own act, for instance by commerce or soldiering. Therefore no man is bound to pay tithes on such things.

Obj. 2: Further, it is not right to make oblations of that which is ill-gotten, as stated above (Q. 86, A. 3). Now oblations, being offered to God immediately, seem to be more closely connected with the divine worship than tithes which are offered to the ministers. Therefore neither should tithes be paid on ill-gotten goods.

Obj. 3: Further, in the last chapter of Leviticus (30, 32) the precept of paying tithes refers only to "corn, fruits of trees" and animals "that pass under the shepherd's rod." But man derives a revenue from other smaller things, such as the herbs that grow in his garden and so forth. Therefore neither on these things is a man bound to pay tithes.

Obj. 4: Further, man cannot pay except what is in his power. Now a man does not always remain in possession of all his profit from land and stock, since sometimes he loses them by theft or robbery; sometimes they are transferred to another person by sale; sometimes they are due to some other person, thus taxes are due to princes, and wages due to workmen. Therefore one ought not to pay tithes on such like things.

On the contrary, It is written (Gen. 28:22): "Of all things that Thou shalt give to me, I will offer tithes to Thee."

I answer that, In judging about a thing we should look to its principle. Now the principle of the payment of tithes is the debt whereby carnal things are due to those who sow spiritual things, according to the saying of the Apostle (1 Cor. 9:11), "If we have sown unto you spiritual things, is it a great matter if we reap your carnal things?" [thus implying that on the contrary "it is no great matter if we reap your carnal things"] [*The phrase in the brackets is omitted in the Leonine edition]. For this debt is the principle on which is based the commandment of the Church about the payment of tithes. Now whatever man possesses comes under the designation of carnal things. Therefore tithes must be paid on whatever one possesses.

Reply Obj. 1: In accordance with the condition of that people there was a special reason why the Old Law did not include a precept about personal tithes; because, to wit, all the other tribes had certain possessions wherewith they were able to provide a sufficient livelihood for the Levites who had no possessions, but were not forbidden to make a profit out of other lawful occupations as the other Jews did. On the other hand the people of the New Law are spread abroad throughout the world, and many of them have no possessions, but live by trade, and these would contribute nothing to the support of God's ministers if they did not pay tithes on their trade profits. Moreover the ministers of the New Law are more strictly forbidden to occupy themselves in money-making trades, according to 2 Tim. 2:4, "No man being a soldier to God, entangleth himself with secular business." Wherefore in the New Law men are bound to pay personal tithes, according to the custom of their country and the needs of the ministers: hence Augustine, whose words are quoted 16, qu. 1, cap. Decimae, says [*Append. Serm. cclxxvii]: "Tithes must be paid on the profits of soldiering, trade or craft."

Reply Obj. 2: Things are ill-gotten in two ways. First, because the getting itself was unjust: such, for instance, are things gotten by robbery, theft or usury: and these a man is bound to restore, and not to pay tithes on them. If, however, a field be bought with the profits of usury, the usurer is bound to pay tithes on the produce, because the latter is not gotten usuriously but given by God. On the other hand certain things are said to be ill-gotten, because they are gotten of a shameful cause, for instance of whoredom or stage-playing, and the like. Such things a man is not bound to restore, and consequently he is bound to pay tithes on them in the same way as other personal tithes. Nevertheless the Church must not accept the tithe so long as those persons remain in sin, lest she appear to have a share in their sins: but when they have done penance, tithes may be accepted from them on these things.

Reply Obj. 3: Things directed to an end must be judged according to their fittingness to the end. Now the payment of tithes is due not for its own sake, but for the sake of the ministers, to whose dignity it is unbecoming that they should demand minute things with careful exactitude, for this is reckoned sinful according to the Philosopher (Ethic. iv, 2). Hence the Old Law did not order the payment of tithes on such like minute things, but left it to the judgment of those who are willing to pay, because minute things are counted as nothing. Wherefore the Pharisees who claimed for themselves the perfect justice of the Law, paid tithes even on these minute things: nor are they reproved by our Lord on that account, but only because they despised greater, i.e. spiritual, precepts; and rather did He show them to be deserving of praise in this particular, when He said (Matt. 23:23): "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 is to promise, and a vow is a promise.

I answer that, A vow denotes a binding to do or omit some particular thing. Now one man binds himself to another by means of a promise, which is an act of the reason to which faculty it belongs to direct. For just as a man by commanding or praying, directs, in a fashion, what others are to do for him, so by promising he directs what he himself is to do for another. Now a promise between man and man can only be expressed in words or any other outward signs; whereas a promise can be made to God by the mere inward thought, since according to 1 Kings 16:7, "Man seeth those things that appear, but the Lord beholdeth the heart." Yet we express words outwardly sometimes, either to arouse ourselves, as was stated above with regard to prayer (Q. 83, A. 12), or to call others to witness, so that one may refrain from breaking the vow, not only through fear of God, but also through respect of men. Now a promise is the outcome from a purpose of doing something: and a purpose presupposes deliberation, since it is the act of a deliberate will. Accordingly three things are essential to a vow: the first is deliberation; the second is a purpose of the will; and the third is a promise, wherein is completed the nature of a vow. Sometimes, however, two other things are added as a sort of confirmation of the vow, namely, pronouncement by word of mouth, according to Ps. 65:13, "I will pay Thee my vows which my lips have uttered"; and the witnessing of others. Hence the Master says (Sent. iv, D, 38) that a vow is "the witnessing of a spontaneous promise and ought to be made to God and about things relating to God": although the "witnessing" may strictly refer to the inward protestation.

Reply Obj. 1: The conceiving of a good purpose is not confirmed by the deliberation of the mind, unless the deliberation lead to a promise.

Reply Obj. 2: Man's will moves the reason to promise something relating to things subject to his will, and a vow takes its name from the will forasmuch as it proceeds from the will as first mover.

Reply Obj. 3: He that puts his hand to the plough does something already; while he that merely purposes to do something does nothing so far. When, however, he promises, he already sets about doing, although he does not yet fulfil his promise: even so, he that puts his hand to the plough does not plough yet, nevertheless he stretches out his hand for the purpose of ploughing. _____

SECOND ARTICLE [II-II, Q. 88, Art. 2]

Whether a Vow Should Always Be About a Better Good?

Objection 1: It would seem that a vow need not be always about a better good. A greater good is one that pertains to supererogation. But vows are not only about matters of supererogation, but also about matters of salvation: thus in Baptism men vow to renounce the devil and his pomps, and to keep the faith, as a gloss observes on Ps. 75:12, "Vow ye, and pay to the Lord your God"; and Jacob vowed (Gen. 28:21) that the Lord should be his God. Now this above all is necessary for salvation. Therefore vows are not only about a better good.

Obj. 2: Further, Jephte is included among the saints (Heb. 11:32). Yet he killed his innocent daughter on account of his vow (Judges 11). Since, then, the slaying of an innocent person is not a better good, but is in itself unlawful, it seems that a vow may be made not only about a better good, but also about something unlawful.

Obj. 3: Further, things that tend to be harmful to the person, or that are quite useless, do not come under the head of a better good. Yet sometimes vows are made about immoderate vigils or fasts which tend to injure the person: and sometimes vows are about indifferent matters and such as are useful to no purpose. Therefore a vow is not always about a better good.

On the contrary, It is written (Deut. 23:22): "If thou wilt not promise thou shalt be without sin."

I answer that, As stated above (A. 1), a vow is a promise made to God. Now a promise is about something that one does voluntarily for someone else: since it would be not a promise but a threat to say that one would do something against someone. In like manner it would be futile to promise anyone something unacceptable to him. Wherefore, as every sin is against God, and since no work is acceptable to God unless it be virtuous, it follows that nothing unlawful or indifferent, but only some act of virtue, should be the matter of a vow. But as a vow denotes a voluntary promise, while necessity excludes voluntariness, whatever is absolutely necessary, whether to be or not to be, can nowise be the matter of a vow. For it would be foolish to vow that one would die or that one would not fly.

On the other hand, if a thing be necessary, not absolutely but on the supposition of an end—for instance if salvation be unattainable without it—it may be the matter of a vow in so far as it is done voluntarily, but not in so far as there is a necessity for doing it. But that which is not necessary, neither absolutely, nor on the supposition of an end, is altogether voluntary, and therefore is most properly the matter of a vow. And this is said to be a greater good in comparison with that which is universally necessary for salvation. Therefore, properly speaking, a vow is said to be about a better good.

Reply Obj. 1: Renouncing the devil's pomps and keeping the faith of Christ are the matter of baptismal vows, in so far as these things are done voluntarily, although they are necessary for salvation. The same answer applies to Jacob's vow: although it may also be explained that Jacob vowed that he would have the Lord for his God, by giving Him a special form of worship to which he was not bound, for instance by offering tithes and so forth as mentioned further on in the same passage.

Reply Obj. 2: Certain things are good, whatever be their result; such are acts of virtue, and these can be, absolutely speaking, the matter of a vow: some are evil, whatever their result may be; as those things which are sins in themselves, and these can nowise be the matter of a vow: while some, considered in themselves, are good, and as such may be the matter of a vow, yet they may have an evil result, in which case the vow must not be kept. It was thus with the vow of Jephte, who as related in Judges 11:30, 31, "made a vow to the Lord, saying: If Thou wilt deliver the children of Ammon into my hands, whosoever shall first come forth out of the doors of my house, and shall meet me when I return in peace . . . the same will I offer a holocaust to the Lord." For this could have an evil result if, as indeed happened, he were to be met by some animal which it would be unlawful to sacrifice, such as an ass or a human being. Hence Jerome says [*Implicitly 1 Contra Jovin.: Comment. in Micheam vi, viii: Comment. in Jerem. vii. The quotation is from Peter Comestor, Hist. Scholast.]: "In vowing he was foolish, through lack of discretion, and in keeping his vow he was wicked." Yet it is premised (Judges 11:29) that "the Spirit of the Lord came upon him," because his faith and devotion, which moved him to make that vow, were from the Holy Ghost; and for this reason he is reckoned among the saints, as also by reason of the victory which he obtained, and because it is probable that he repented of his sinful deed, which nevertheless foreshadowed something good.

Reply Obj. 3: The mortification of one's own body, for instance by vigils and fasting, is not acceptable to God except in so far as it is an act of virtue; and this depends on its being done with due discretion, namely, that concupiscence be curbed without overburdening nature. On this condition such things may be the matter of a vow. Hence the Apostle after saying (Rom. 12:1), "Present your bodies a living sacrifice, holy, pleasing to God," adds, "your reasonable service." Since, however, man is easily mistaken in judging of matters concerning himself, such vows as these are more fittingly kept or disregarded according to the judgment of a superior, yet so that, should a man find that without doubt he is seriously burdened by keeping such a vow, and should he be unable to appeal to his superior, he ought not to keep it. As to vows about vain and useless things they should be ridiculed rather than kept. _____

THIRD ARTICLE [II-II, Q. 88, Art. 3]

Whether All Vows Are Binding?

Objection 1: It would seem that vows are not all binding. For man needs things that are done by another, more than God does, since He has no need for our goods (Ps. 15:2). Now according to the prescription of human laws [*Dig. L. xii, de pollicitat., i] a simple promise made to a man is not binding; and this seems to be prescribed on account of the changeableness of the human will. Much less binding therefore is a simple promise made to God, which we call a vow.

Obj. 2: Further, no one is bound to do what is impossible. Now sometimes that which a man has vowed becomes impossible to him, either because it depends on another's decision, as when, for instance, a man vows to enter a monastery, the monks of which refuse to receive him: or on account of some defect arising, for instance when a woman vows virginity, and afterwards is deflowered; or when a man vows to give a sum of money, and afterwards loses it. Therefore a vow is not always binding.

Obj. 3: Further, if a man is bound to pay something, he must do so at once. But a man is not bound to pay his vow at once, especially if it be taken under a condition to be fulfilled in the future. Therefore a vow is not always binding.

On the contrary, It is written (Eccles. 5:3, 4): "Whatsoever thou hast vowed, pay it; and it is much better not to vow, than after a vow not to perform the things promised."

I answer that, For one to be accounted faithful one must keep one's promises. Wherefore, according to Augustine [*Ep. xxxii, 2: De Mendac. xx] faith takes its name "from a man's deed agreeing with his word" [*Fides . . . fiunt dicta. Cicero gives the same etymology (De Offic. i, 7)]. Now man ought to be faithful to God above all, both on account of God's sovereignty, and on account of the favors he has received from God. Hence man is obliged before all to fulfill the vows he has made to God, since this is part of the fidelity he owes to God. On the other hand, the breaking of a vow is a kind of infidelity. Wherefore Solomon gives the reason why vows should be paid to God, because "an unfaithful . . . promise displeaseth Him" [*Eccles. 5:3].

Reply Obj. 1: Honesty demands that a man should keep any promise he makes to another man, and this obligation is based on the natural law. But for a man to be under a civil obligation through a promise he has made, other conditions are requisite. And although God needs not our goods, we are under a very great obligation to Him: so that a vow made to Him is most binding.

Reply Obj. 2: If that which a man has vowed becomes impossible to him through any cause whatsoever, he must do what he can, so that he have at least a will ready to do what he can. Hence if a man has vowed to enter a monastery, he must endeavor to the best of his power to be received there. And if his intention was chiefly to bind himself to enter the religious life, so that, in consequence, he chose this particular form of religious life, or this place, as being most agreeable to him, he is bound, should he be unable to be received there, to enter the religious life elsewhere. But if his principal intention is to bind himself to this particular kind of religious life, or to this particular place, because the one or the other pleases him in some special way, he is not bound to enter another religious house, if they are unwilling to receive him into this particular one. On the other hand, if he be rendered incapable of fulfilling his vow through his own fault, he is bound over and above to do penance for his past fault: thus if a woman has vowed virginity and is afterwards violated, she is bound not only to observe what is in her power, namely, perpetual continency, but also to repent of what she has lost by sinning.

Reply Obj. 3: The obligation of a vow is caused by our own will and intention, wherefore it is written (Deut. 23:23): "That which is once gone out of thy lips, thou shalt observe, and shalt do as thou hast promised to the Lord thy God, and hast spoken with thy own will and with thy own mouth." Wherefore if in taking a vow, it is one's intention and will to bind oneself to fulfil it at once, one is bound to fulfil it immediately. But if one intend to fulfil it at a certain time, or under a certain condition, one is not bound to immediate fulfilment. And yet one ought not to delay longer than one intended to bind oneself, for it is written (Deut. 23:21): "When thou hast made a vow to the Lord thy God thou shalt not delay to pay it: because the Lord thy God will require it; and if thou delay, it shall be imputed to thee for a sin." _____

FOURTH ARTICLE [II-II, Q. 88, Art. 4]

Whether It Is Expedient to Take Vows?

Objection 1: It would seem that it is not expedient to take vows. It is not expedient to anyone to deprive himself of the good that God has given him. Now one of the greatest goods that God has given man is liberty whereof he seems to be deprived by the necessity implicated in a vow. Therefore it would seem inexpedient for man to take vows.

Obj. 2: Further, no one should expose himself to danger. But whoever takes a vow exposes himself to danger, since that which, before taking a vow, he could omit without danger, becomes a source of danger to him if he should not fulfil it after taking the vow. Hence Augustine says (Ep. cxxvii, ad Arment. et Paulin.): "Since thou hast vowed, thou hast bound thyself, thou canst not do otherwise. If thou dost not what thou hast vowed thou wilt not be as thou wouldst have been hadst thou not vowed. For then thou wouldst have been less great, not less good: whereas now if thou breakest faith with God (which God forbid) thou art the more unhappy, as thou wouldst have been happier, hadst thou kept thy vow." Therefore it is not expedient to take vows.

Obj. 3: Further, the Apostle says (1 Cor. 4:16): "Be ye followers of me, as I also am of Christ." But we do not read that either Christ or the Apostles took any vows. Therefore it would seem inexpedient to take vows.

On the contrary, It is written (Ps. 75:12): "Vow ye and pay to the Lord your God."

I answer that, As stated above (AA. 1, 2), a vow is a promise made to God. Now one makes a promise to a man under one aspect, and to God under another. Because we promise something to a man for his own profit; since it profits him that we should be of service to him, and that we should at first assure him of the future fulfilment of that service: whereas we make promises to God not for His but for our own profit. Hence Augustine says (Ep. cxxvii, ad Arment. et Paulin.): "He is a kind and not a needy exactor, for he does not grow rich on our payments, but makes those who pay Him grow rich in Him." And just as what we give God is useful not to Him but to us, since "what is given Him is added to the giver," as Augustine says (Ep. cxxvii, ad Arment. et Paulin.), so also a promise whereby we vow something to God, does not conduce to His profit, nor does He need to be assured by us, but it conduces to our profit, in so far as by vowing we fix our wills immovably on that which it is expedient to do. Hence it is expedient to take vows.

Reply Obj. 1: Even as one's liberty is not lessened by one being unable to sin, so, too, the necessity resulting from a will firmly fixed to good does not lessen the liberty, as instanced in God and the blessed. Such is the necessity implied by a vow, bearing a certain resemblance to the confirmation of the blessed. Hence, Augustine says (Ep. cxxvii, ad Arment. et Paulin.) that "happy is the necessity that compels us to do the better things."

Reply Obj. 2: When danger arises from the deed itself, this deed is not expedient, for instance that one cross a river by a tottering bridge: but if the danger arise through man's failure in the deed, the latter does not cease to be expedient: thus it is expedient to mount on horseback, though there be the danger of a fall from the horse: else it would behoove one to desist from all good things, that may become dangerous accidentally. Wherefore it is written (Eccles. 11:4): "He that observeth the wind shall not sow, and he that considereth the clouds shall never reap." Now a man incurs danger, not from the vow itself, but from his fault, when he changes his mind by breaking his vow. Hence, Augustine says (Ep. cxxvii, ad Arment. et Paulin.): "Repent not of thy vow: thou shouldst rather rejoice that thou canst no longer do what thou mightest lawfully have done to thy detriment."

Reply Obj. 3: It was incompetent for Christ, by His very nature, to take a vow, both because He was God, and because, as man, His will was firmly fixed on the good, since He was a comprehensor. By a kind of similitude, however, He is represented as saying (Ps. 21:26): "I will pay my vows in the sight of them that fear Him," when He is speaking of His body, which is the Church.

The apostles are understood to have vowed things pertaining to the state of perfection when "they left all things and followed Christ." _____

FIFTH ARTICLE [II-II, Q. 88, Art. 5]

Whether a Vow Is an Act of Latria or Religion?

Objection 1: It would seem that a vow is not an act of latria or religion. Every act of virtue is matter for a vow. Now it would seem to pertain to the same virtue to promise a thing and to do it. Therefore a vow pertains to any virtue and not to religion especially.

Obj. 2: Further, according to Tully (De Invent. ii, 53) it belongs to religion to offer God worship and ceremonial rites. But he who takes a vow does not yet offer something to God, but only promises it. Therefore, a vow is not an act of religion.

Obj. 3: Further, religious worship should be offered to none but God. But a vow is made not only to God, but also to the saints and to one's superiors, to whom religious vow obedience when they make their profession. Therefore, a vow is not an act of religion.

On the contrary, It is written (Isa. 19:21): "(The Egyptians) shall worship Him with sacrifices and offerings and they shall make vows to the Lord, and perform them." Now, the worship of God is properly the act of religion or latria. Therefore, a vow is an act of latria or religion.

I answer that, As stated above (Q. 81, A. 1, ad 1), every act of virtue belongs to religion or latria by way of command, in so far as it is directed to the reverence of God which is the proper end of latria. Now the direction of other actions to their end belongs to the commanding virtue, not to those which are commanded. Therefore the direction of the acts of any virtue to the service of God is the proper act of latria.

Now, it is evident from what has been said above (AA. 1, 2) that a vow is a promise made to God, and that a promise is nothing else than a directing of the thing promised to the person to whom the promise is made. Hence a vow is a directing of the thing vowed to the worship or service of God. And thus it is clear that to take a vow is properly an act of latria or religion.

Reply Obj. 1: The matter of a vow is sometimes the act of another virtue, as, for instance, keeping the fast or observing continency; while sometimes it is an act of religion, as offering a sacrifice or praying. But promising either of them to God belongs to religion, for the reason given above. Hence it is evident that some vows belong to religion by reason only of the promise made to God, which is the essence of a vow, while others belong thereto by reason also of the thing promised, which is the matter of the vow.

Reply Obj. 2: He who promises something gives it already in as far as he binds himself to give it: even as a thing is said to be made when its cause is made, because the effect is contained virtually in its cause. This is why we thank not only a giver, but also one who promises to give.

Reply Obj. 3: A vow is made to God alone, whereas a promise may be made to a man also: and this very promise of good, which is made to a man, may be the matter of a vow, and in so far as it is a virtuous act. This is how we are to understand vows whereby we vow something to the saints or to one's superiors: so that the promise made to the saints or to one's superiors is the matter of the vow, in so far as one vows to God to fulfil what one has promised to the saints or one's superiors. _____

SIXTH ARTICLE [II-II, Q. 88, Art. 6]

Whether It Is More Praiseworthy and Meritorious to Do Something in Fulfilment of a Vow, Than Without a Vow?

Objection 1: It would seem that it is more praiseworthy and meritorious to do a thing without a vow than in fulfilment of a vow. Prosper says (De Vita Contempl. ii): "We should abstain or fast without putting ourselves under the necessity of fasting, lest that which we are free to do be done without devotion and unwillingly." Now he who vows to fast puts himself under the necessity of fasting. Therefore it would be better for him to fast without taking the vow.

Obj. 2: Further, the Apostle says (2 Cor. 9:7): "Everyone as he hath determined in his heart, not with sadness, or of necessity: for God loveth a cheerful giver." Now some fulfil sorrowfully what they have vowed: and this seems to be due to the necessity arising from the vow, for necessity is a cause of sorrow according to Metaph. v [*Ed. Did. iv, 5]. Therefore, it is better to do something without a vow, than in fulfilment of a vow.

Obj. 3: Further, a vow is necessary for the purpose of fixing the will on that which is vowed, as stated above (A. 4). But the will cannot be more fixed on a thing than when it actually does that thing. Therefore it is no better to do a thing in fulfilment of a vow than without a vow.

On the contrary, A gloss on the words of Ps. 75:12, "Vow ye and pay," says: "Vows are counseled to the will." But a counsel is about none but a better good. Therefore it is better to do a deed in fulfilment of a vow than without a vow: since he that does it without a vow fulfils only one counsel, viz. the counsel to do it, whereas he that does it with a vow, fulfils two counsels, viz. the counsel to vow and the counsel to do it.

I answer that, For three reasons it is better and more meritorious to do one and the same deed with a vow than without. First, because to vow, as stated above (A. 5) is an act of religion which is the chief of the moral virtues. Now the more excellent the virtue the better and more meritorious the deed. Wherefore the act of an inferior virtue is the better and more meritorious for being commanded by a superior virtue, whose act it becomes through being commanded by it, just as the act of faith or hope is better if it be commanded by charity. Hence the works of the other moral virtues (for instance, fasting, which is an act of abstinence; and being continent, which is an act of chastity) are better and more meritorious, if they be done in fulfilment of a vow, since thus they belong to the divine worship, being like sacrifices to God. Wherefore Augustine says (De Virg. viii) that "not even is virginity honorable as such, but only when it is consecrated to God, and cherished by godly continence."

Secondly, because he that vows something and does it, subjects himself to God more than he that only does it; for he subjects himself to God not only as to the act, but also as to the power, since in future he cannot do something else. Even so he gives more who gives the tree with its fruit, than he that gives the fruit only, as Anselm [*Eadmer] observes (De Simil. viii). For this reason, we thank even those who promise, as stated above (A. 5, ad 2).

Thirdly, because a vow fixes the will on the good immovably and to do anything of a will that is fixed on the good belongs to the perfection of virtue, according to the Philosopher (Ethic. ii, 4), just as to sin with an obstinate mind aggravates the sin, and is called a sin against the Holy Ghost, as stated above (Q. 14, A. 2).

Reply Obj. 1: The passage quoted should be understood as referring to necessity of coercion which causes an act to be involuntary and excludes devotion. Hence he says pointedly: "Lest that which we are free to do be done without devotion and unwillingly." On the other hand the necessity resulting from a vow is caused by the immobility of the will, wherefore it strengthens the will and increases devotion. Hence the argument does not conclude.

Reply Obj. 2: According to the Philosopher, necessity of coercion, in so far as it is opposed to the will, causes sorrow. But the necessity resulting from a vow, in those who are well disposed, in so far as it strengthens the will, causes not sorrow but joy. Hence Augustine says (Ep. ad Arment. et Paulin. cxxcii): "Repent not of thy vow: thou shouldst rather rejoice that thou canst no longer do what thou mightest lawfully have done to thy detriment." If, however, the very deed, considered in itself, were to become disagreeable and involuntary after one has taken the vow, the will to fulfil it remaining withal, it is still more meritorious than if it were done without the vow, since the fulfilment of a vow is an act of religion which is a greater virtue than abstinence, of which fasting is an act.

Reply Obj. 3: He who does something without having vowed it has an immovable will as regards the individual deed which he does and at the time when he does it; but his will does not remain altogether fixed for the time to come, as does the will of one who makes a vow: for the latter has bound his will to do something, both before he did that particular deed, and perchance to do it many times. _____

SEVENTH ARTICLE [II-II, Q. 88, Art. 7]

Whether a Vow Is Solemnized by the Reception of Holy Orders, and by the Profession of a Certain Rule?

Objection 1: It would seem that a vow is not solemnized by the reception of holy orders and by the profession of a certain rule. As stated above (A. 1), a vow is a promise made to God. Now external actions pertaining to solemnity seem to be directed, not to God, but to men. Therefore they are related to vows accidentally: and consequently a solemnization of this kind is not a proper circumstance of a vow.

Obj. 2: Further, whatever belongs to the condition of a thing, would seem to be applicable to all in which that thing is found. Now many things may be the subject of a vow, which have no connection either with holy orders, or to any particular rule: as when a man vows a pilgrimage, or something of the kind. Therefore the solemnization that takes place in the reception of holy orders or in the profession of a certain rule does not belong to the condition of a vow.

Obj. 3: Further, a solemn vow seems to be the same as a public vow. Now many other vows may be made in public besides that which is pronounced in receiving holy orders or in professing a certain rule; which latter, moreover, may be made in private. Therefore not only these vows are solemn.

On the contrary, These vows alone are an impediment to the contract of marriage, and annul marriage if it be contracted, which is the effect of a solemn vow, as we shall state further on in the Third Part of this work [*Suppl., Q. 53, A. 2].

I answer that, The manner in which a thing is solemnized depends on its nature (conditio): thus when a man takes up arms he solemnizes the fact in one way, namely, with a certain display of horses and arms and a concourse of soldiers, while a marriage is solemnized in another way, namely, the array of the bridegroom and bride and the gathering of their kindred. Now a vow is a promise made to God: wherefore, the solemnization of a vow consists in something spiritual pertaining to God; i.e. in some spiritual blessing or consecration which, in accordance with the institution of the apostles, is given when a man makes profession of observing a certain rule, in the second degree after the reception of holy orders, as Dionysius states (Eccl. Hier. vi). The reason of this is that solemnization is not wont to be employed, save when a man gives himself up entirely to some particular thing. For the nuptial solemnization takes place only when the marriage is celebrated, and when the bride and bridegroom mutually deliver the power over their bodies to one another. In like manner a vow is solemnized when a man devotes himself to the divine ministry by receiving holy orders, or embraces the state of perfection by renouncing the world and his own will by the profession of a certain rule.

Reply Obj. 1: This kind of solemnization regards not only men but also God in so far as it is accompanied by a spiritual consecration or blessing, of which God is the author, though man is the minister, according to Num. 6:27, "They shall invoke My name upon the children of Israel, and I will bless them." Hence a solemn vow is more binding with God than a simple vow, and he who breaks a solemn vow sins more grievously. When it is said that a simple vow is no less binding than a solemn vow, this refers to the fact that the transgressor of either commits a mortal sin.

Reply Obj. 2: It is not customary to solemnize particular acts, but the embracing of a new state, as we have said above. Hence when a man vows particular deeds, such as a pilgrimage, or some special fast, such a vow is not competent to be solemnized, but only such as the vow whereby a man entirely devotes himself to the divine ministry or service: and yet many particular works are included under this vow as under a universal.

Reply Obj. 3: Through being pronounced in public vows may have a certain human solemnity, but not a spiritual and divine solemnity, as the aforesaid vows have, even when they are pronounced before a few persons. Hence the publicity of a vow differs from its solemnization. _____

EIGHTH ARTICLE [II-II, Q. 88, Art. 8]

Whether Those Who Are Subject to Another's Power Are Hindered from Taking Vows?

Objection 1: It would seem that those who are subject to another's power are not hindered from taking vows. The lesser bond is surpassed by the greater. Now the obligation of one man subject to another is a lesser bond than a vow whereby one is under an obligation to God. Therefore those who are subject to another's power are not hindered from taking vows.

Obj. 2: Further, children are under their parents' power. Yet children may make religious profession even without the consent of their parents. Therefore one is not hindered from taking vows, through being subject to another's power.

Obj. 3: Further, to do is more than to promise. But religious who are under the power of their superiors can do certain things such as to say some psalms, or abstain from certain things. Much more therefore seemingly can they promise such things to God by means of vows.

Obj. 4: Further, whoever does what he cannot do lawfully sins. But subjects do not sin by taking vows, since nowhere do we find this forbidden. Therefore it would seem that they can lawfully take vows.

On the contrary, It is commanded (Num. 30:4-6) that "if a woman vow any thing . . . being in her father's house, and yet but a girl in age," she is not bound by the vow, unless her father consent: and the same is said there (Num. 30:7-9) of the woman that has a husband. Therefore in like manner other persons that are subject to another's power cannot bind themselves by vow.

I answer that, As stated above (A. 1), a vow is a promise made to God. Now no man can firmly bind himself by a promise to do what is in another's power, but only to that which is entirely in his own power. Now whoever is subject to another, as to the matter wherein he is subject to him, it does not lie in his power to do as he will, but it depends on the will of the other. And therefore without the consent of his superior he cannot bind himself firmly by a vow in those matters wherein he is subject to another.

Reply Obj. 1: Nothing but what is virtuous can be the subject of a promise made to God, as stated above (A. 2). Now it is contrary to virtue for a man to offer to God that which belongs to another, as stated above (Q. 86, A. 3). Hence the conditions necessary for a vow are not altogether ensured, when a man who is under another's power vows that which is in that other's power, except under the condition that he whose power it concerns does not gainsay it.

Reply Obj. 2: As soon as a man comes of age, if he be a freeman he is in his own power in all matters concerning his person, for instance with regard to binding himself by vow to enter religion, or with regard to contracting marriage. But he is not in his own power as regards the arrangements of the household, so that in these matters he cannot vow anything that shall be valid without the consent of his father.

A slave, through being in his master's power, even as regards his personal deeds, cannot bind himself by vow to enter religion, since this would withdraw him from his master's service.

Reply Obj. 3: A religious is subject to his superior as to his actions connected with his profession of his rule. Wherefore even though one may be able to do something now and then, when one is not being occupied with other things by one's superior, yet since there is no time when his superior cannot occupy him with something, no vow of a religious stands without the consent of his superior, as neither does the vow of a girl while in (her father's) house without his consent; nor of a wife, without the consent of her husband.

Reply Obj. 4: Although the vow of one who is subject to another's power does not stand without the consent of the one to whom he is subject, he does not sin by vowing; because his vow is understood to contain the requisite condition, providing, namely, that his superior approve or do not gainsay it. _____

NINTH ARTICLE [II-II, Q. 88, Art. 9]

Whether Children Can Bind Themselves by Vow to Enter Religion?

Objection 1: It would seem that children cannot bind themselves by vow to enter religion. Since a vow requires deliberation of the mind, it is fitting that those alone should vow who have the use of reason. But this is lacking in children just as in imbeciles and madmen. Therefore just as imbeciles and madmen cannot bind themselves to anything by vow, so neither, seemingly, can children bind themselves by vow to enter religion.

Obj. 2: Further, that which can be validly done by one cannot be annulled by another. Now a vow to enter religion made by a boy or girl before the age of puberty can be revoked by the parents or guardian (20, qu. ii, cap. Puella). Therefore it seems that a boy or girl cannot validly make a vow before the age of fourteen.

Obj. 3: Further, according to the rule of Blessed Benedict [*Ch. 58] and a statute of Innocent IV, a year's probation is granted to those who enter religion, so that probation may precede the obligation of the vow. Therefore it seems unlawful, before the year of probation, for children to be bound by vow to enter religion.

On the contrary, That which is not done aright is invalid without being annulled by anyone. But the vow pronounced by a maiden, even before attaining the age of puberty, is valid, unless it be annulled by her parents within a year (20, qu. ii, cap. Puella). Therefore even before attaining to puberty children can lawfully and validly be bound by a vow to enter religion.

I answer that, As may be gathered from what has been said above (A. 7), vows are of two kinds, simple and solemn. And since, as stated in the same article, the solemnization of a vow consists in a spiritual blessing and consecration bestowed through the ministry of the Church, it follows that it comes under the Church's dispensation. Now a simple vow takes its efficacy from the deliberation of the mind, whereby one intends to put oneself under an obligation. That such an obligation be of no force may happen in two ways. First, through defect of reason, as in madmen and imbeciles, who cannot bind themselves by vow so long as they remain in a state of madness or imbecility. Secondly, through the maker of a vow being subject to another's power, as stated above (A. 8). Now these two circumstances concur in children before the age of puberty, because in most instances they are lacking in reason, and besides are naturally under the care of their parents, or guardians in place of their parents: wherefore in both events their vows are without force. It happens, however, through a natural disposition which is not subject to human laws, that the use of reason is accelerated in some, albeit few, who on this account are said to be capable of guile: and yet they are not, for this reason, exempt in any way from the care of their parents; for this care is subject to human law, which takes into account that which is of most frequent occurrence.

Accordingly we must say that boys or girls who have not reached the years of puberty and have not attained the use of reason can nowise bind themselves to anything by vow. If, however, they attain the use of reason, before reaching the years of puberty, they can for their own part, bind themselves by vow; but their vows can be annulled by their parents, under whose care they are still subject.

Yet no matter how much they be capable of guile before the years of puberty, they cannot be bound by a solemn religious vow, on account of the Church's decree [*Sext. Decret. cap. Is qui, de Reg. et transeunt. ad Relig.] which considers the majority of cases. But after the years of puberty have been reached, they can bind themselves by religious vows, simple or solemn, without the consent of their parents.

Reply Obj. 1: This argument avails in the case of children who have not yet reached the use of reason: for their vows then are invalid, as stated above.

Reply Obj. 2: The vows of persons subject to another's power contain an implied condition, namely, that they be not annulled by the superior. This condition renders them licit and valid if it be fulfilled, as stated above.

Reply Obj. 3: This argument avails in the case of solemn vows which are taken in profession. _____

TENTH ARTICLE [II-II, Q. 88, Art. 10]

Whether Vows Admit of Dispensation?

Objection 1: It would seem that vows are not subject to dispensation. It is less to have a vow commuted than to be dispensed from keeping it. But a vow cannot be commuted, according to Lev. 27:9, 10, "A beast that may be sacrificed to the Lord, if anyone shall vow, shall be holy, and cannot be changed, neither a better for a worse, nor a worse for a better." Much less, therefore, do vows admit of dispensation.

Obj. 2: Further, no man can grant a dispensation in matters concerning the natural law and in the Divine precepts, especially those of the First Table, since these aim directly at the love of God, which is the last end of the precepts. Now the fulfilment of a vow is a matter of the natural law, and is commanded by the Divine law, as shown above (A. 3), and belongs to the precepts of the First Table since it is an act of religion. Therefore vows do not admit of dispensation.

Obj. 3: Further, the obligation of a vow is based on the fidelity which a man owes to God, as stated above (A. 3). But no man can dispense in such a matter as this. Neither, therefore, can any one grant a dispensation from a vow.

On the contrary, That which proceeds from the common will of many has apparently greater stability than that which proceeds from the individual will of some one person. Now the law which derives its force from the common will admits of dispensation by a man. Therefore it seems that vows also admit of dispensation by a man.

I answer that, The dispensation from a vow is to be taken in the same sense as a dispensation given in the observance of a law because, as stated above (I-II, Q. 96, A. 6; Q. 97, A. 4), a law is made with an eye to that which is good in the majority of instances. But since in certain cases this is not good, there is need for someone to decide that in that particular case the law is not to be observed. This is properly speaking to dispense in the law: for a dispensation would seem to denote a commensurate distribution or application of some common thing to those that are contained under it, in the same way as a person is said to dispense food to a household.

In like manner a person who takes a vow makes a law for himself as it were, and binds himself to do something which in itself and in the majority of cases is a good. But it may happen that in some particular case this is simply evil, or useless, or a hindrance to a greater good: and this is essentially contrary to that which is the matter of a vow, as is clear from what has been said above (A. 2). Therefore it is necessary, in such a case, to decide that the vow is not to be observed. And if it be decided absolutely that a particular vow is not to be observed, this is called a "dispensation" from that vow; but if some other obligation be imposed in lieu of that which was to have been observed, the vow is said to be "commuted." Hence it is less to commute a vow than to dispense from a vow: both, however, are in the power of the Church.

Reply Obj. 1: An animal that could be lawfully sacrificed was deemed holy from the very moment that it was the subject of a vow, being, as it were, dedicated to the worship of God: and for this reason it could not be changed: even so neither may one now exchange for something better, or worse, that which one has vowed, if it be already consecrated, e.g. a chalice or a house. On the other hand, an animal that could not be sacrificed, through not being the lawful matter of a sacrifice, could and had to be bought back, as the law requires. Even so, vows can be commuted now, if no consecration has intervened.

Reply Obj. 2: Even as man is bound by natural law and Divine precept to fulfil his vow, so, too, is he bound under the same heads to obey the law or commands of his superiors. And yet when he is dispensed from keeping a human law, this does not involve disobedience to that human law, for this would be contrary to the natural law and the Divine command; but it amounts to this—that what was law is not law in this particular case. Even so, when a superior grants a dispensation, that which was contained under a vow is by his authority no longer so contained, in so far as he decides that in this case such and such a thing is not fitting matter for a vow. Consequently when an ecclesiastical superior dispenses someone from a vow, he does not dispense him from keeping a precept of the natural or of the Divine law, but he pronounces a decision on a matter to which a man had bound himself of his own accord, and of which he was unable to consider every circumstance.

Reply Obj. 3: The fidelity we owe to God does not require that we fulfil that which it would be wrong or useless to vow, or which would be an obstacle to the greater good whereunto the dispensation from that vow would conduce. Hence the dispensation from a vow is not contrary to the fidelity due to God. _____

ELEVENTH ARTICLE [II-II, Q. 88, Art. 11]

Whether It Is Possible to Be Dispensed from a Solemn Vow of Continency?

Objection 1: It would seem that it is possible to be dispensed from a solemn vow of continency. As stated above, one reason for granting a dispensation from a vow is if it be an obstacle to a greater good. But a vow of continency, even though it be solemn, may be an obstacle to a greater good, since the common good is more God-like than the good of an individual. Now one man's continency may be an obstacle to the good of the whole community, for instance, in the case where, if certain persons who have vowed continency were to marry, the peace of their country might be procured. Therefore it seems that it is possible to be dispensed even from a solemn vow of continency.

Obj. 2: Further, religion is a more excellent virtue than chastity. Now if a man vows an act of religion, e.g. to offer sacrifice to God he can be dispensed from that vow. Much more, therefore, can he be dispensed from the vow of continency which is about an act of chastity.

Obj. 3: Further, just as the observance of a vow of abstinence may be a source of danger to the person, so too may be the observance of a vow of continency. Now one who takes a vow of abstinence can be dispensed from that vow if it prove a source of danger to his body. Therefore for the same reason one may be dispensed from a vow of continency.

Obj. 4: Further, just as the vow of continency is part of the religious profession, whereby the vow is solemnized, so also are the vows of poverty and obedience. But it is possible to be dispensed from the vows of poverty and obedience, as in the case of those who are appointed bishops after making profession. Therefore it seems that it is possible to be dispensed from a solemn vow of continency.

On the contrary, It is written (Ecclus. 26:20): "No price is worthy of a continent soul."

Further, (Extra, De Statu Monach.) at the end of the Decretal, Cum ad Monasterium, it is stated that the "renouncing of property, like the keeping of chastity, is so bound up with the monastic rule, that not even the Sovereign Pontiff can disperse from its observance."

I answer that, Three things may be considered in a solemn vow of continency: first, the matter of the vow, namely, continency; secondly, the perpetuity of the vow, namely, when a person binds himself by vow to the perpetual observance of chastity: thirdly, the solemnity of the vow. Accordingly, some [*William of Auxerre, Sum. Aur. III. vii. 1, qu. 5] say that the solemn vow cannot be a matter of dispensation, on account of the continency itself for which no worthy price can be found, as is stated by the authority quoted above. The reason for this is assigned by some to the fact that by continency man overcomes a foe within himself, or to the fact that by continency man is perfectly conformed to Christ in respect of purity of both body and soul. But this reason does not seem to be cogent since the goods of the soul, such as contemplation and prayer, far surpass the goods of the body and still more conform us to God, and yet one may be dispensed from a vow of prayer or contemplation. Therefore, continency itself absolutely considered seems no reason why the solemn vow thereof cannot be a matter of dispensation; especially seeing that the Apostle (1 Cor. 7:34) exhorts us to be continent on account of contemplation, when he says that the unmarried woman . . . "thinketh on the things of God [Vulg.: 'the Lord']," and since the end is of more account than the means.

Consequently others [*Albertus Magnus, Sent. iv, D, 38] find the reason for this in the perpetuity and universality of this vow. For they assert that the vow of continency cannot be canceled, save by something altogether contrary thereto, which is never lawful in any vow. But this is evidently false, because just as the practice of carnal intercourse is contrary to continency, so is eating flesh or drinking wine contrary to abstinence from such things, and yet these latter vows may be a matter for dispensation.

For this reason others [*Innocent IV, on the above decretal] maintain that one may be dispensed even from a solemn vow of continency, for the sake of some common good or common need, as in the case of the example given above (Obj. 1), of a country being restored to peace through a certain marriage to be contracted. Yet since the Decretal quoted says explicitly that "not even the Sovereign Pontiff can dispense a monk from keeping chastity," it follows seemingly, that we must maintain that, as stated above (A. 10, ad 1; cf. Lev. 27:9, 10, 28), whatsoever has once been sanctified to the Lord cannot be put to any other use. For no ecclesiastical prelate can make that which is sanctified to lose its consecration, not even though it be something inanimate, for instance a consecrated chalice to be not consecrated, so long as it remains entire. Much less, therefore, can a prelate make a man that is consecrated to God cease to be consecrated, so long as he lives. Now the solemnity of a vow consists in a kind of consecration or blessing of the person who takes the vow, as stated above (A. 7). Hence no prelate of the Church can make a man, who has pronounced a solemn vow, to be quit of that to which he was consecrated, e.g. one who is a priest, to be a priest no more, although a prelate may, for some particular reason, inhibit him from exercising his order. In like manner the Pope cannot make a man who has made his religious profession cease to be a religious, although certain jurists have ignorantly held the contrary.