Question — Merkelbach, Summa Theologiae Moralis
Question Three: On Sacrilege
S. Th. II-II, q. 99.
800. Sacrilege is said of him who gathers or steals sacred things; whence etymologically it is the theft of a sacred thing, but by extension of signification it is every violation of the sacred (heiligschennis). It is called:
- Violation, that is, any unworthy and irreverent treatment had in a quasi-violent mode; and thus it is distinguished from blasphemy, which is irreverent and contumelious speech. "But just as honor is in the one honoring, not in the one who is honored, so also irreverence is in him who bears himself irreverently, although it harms in no way him to whom he exhibits irreverence. Therefore, so far as concerns himself, he violates the sacred thing, although it is not violated in itself" (a. 1, ad 3).
- Of the sacred, that is, of something ordered or deputed to divine worship, not indeed by private devotion, but by public rite or institution of God or of the Church (a. 1). Moreover these words are to be taken formally: not every violation of a thing which is sacred is sacrilege, but only that by which the sacred thing is violated in that in which it is sacred. Thus, for example, defamation or theft committed against a priest is not sacrilege, because it does not touch the sacred person insofar as he is sacred (a. 3, ad 3).
Therefore sacrilege is such irreverence committed against something sacred as is specially repugnant to its sanctity.
801. Sacrilege is a sin against religion. - "For just as from the fact that something is ordered to a good end it obtains the account of good, so also from this, that something is deputed to the worship of God, it becomes something divine; and thus a certain reverence is owed to it, which is referred to God. And therefore everything which pertains to irreverence toward sacred things (as such) pertains to injury to God, and has the account of sacrilege" (a. 1).
Moreover it is a special sin, because in it "there is found a special account of deformity, by which, namely, a sacred thing is violated through some irreverence... And it is opposed to religion... for if someone violates a sacred thing, by this very fact he acts against reverence for God, and thus sins by irreligiosity" (a. 2).
This is the formal account which is proper to sacrilege, which namely constitutes it and distinguishes it from other sins, although it can be found in sins of diverse genus, homicide, luxury, theft, etc.; for "nothing prevents one special account of sin from being found in several genera of sins, according as diverse sins are ordered to the end of one sin,... and in this mode, in whatever genus of sin someone acts against the reverence due to sacred things, he formally commits sacrilege, although materially there are diverse genera of sins there" (ad 2).
802. Sacrilege is divided into personal, local, and real, by reason of the sacred object which is violated. - These differ in moral species, because a diverse account of sanctity is found in person, place, and sacred thing (a. 3 and ad 1), according as sanctity is in them subjectively and formally, or contentively and extrinsically, or effectively, at least by destination and ordination to the worship of God.
Probably they are lowest species which are not subdivided into other species, so that under the account of sacrilege it is the same sin in species to violate a nun by striking or by lying with her (ad 2); nevertheless often a sacrilegious action must be specified more because of other adjoined species, for example, of luxury, theft, etc.
803. Sacrilege is a mortal sin from its genus, because it is opposed to religion in a most grave matter, though sometimes in a light matter (Lev. X, 1; I Kings II, 17; IV, 11; Dan. V, 2; Jn. II, 14). Moreover it is so much the graver:
- as the sacred thing against which one sins obtains greater sanctity.
Thus personal sacrilege is graver than local; likewise among real sacrileges, the gravest are those which are committed against the sacraments by which man is sanctified and which contain grace itself; then those which are done against consecrated vessels, against images and relics, against the ornament of the Church or of ministers, or finally against ecclesiastical goods. - The gravest of all is personal sacrilege against Christ in His proper species, but now it is real against the Eucharist which contains the body of Christ (III, q. 80, a. 5).
- as the profanation is graver, that is, as the sacrilegious action contains greater irreverence and is more repugnant to the sanctity of the thing violated.
Whence the devastation of a church is graver than a small striking of a cleric; to break images of saints is greater than to approach the Eucharist without devotion or to touch it.
804. Personal sacrilege is the violation of a sacred person; but a person becomes sacred by reason of the clerical state, and by reason of vows of poverty, continence, and obedience emitted in an approved religion of either sex. Such sacrilege is committed:
- By lustful treatment, begun or consummated, internal or external, of a person who precisely according to chastity to be observed is consecrated to God, not indeed by a private vow but by public authority, whether by reception of sacred order or by admission to the religious state (can. 132 and 1308, § 1). But if the sin is committed between two persons, sacrilege is contracted by both, not only, namely, by the sacred person but also by the other accomplice;1 but if both are sacred, the malice will be of twofold sacrilege; but if one is sacred by a twofold title, because it is from one motive of religion, one sacrilege is committed.
1 Thus also a non-sacred person, desiring a sacred person, is guilty of sacrilege, not by reason of himself but by reason of the object; likewise if he is the cause that the sacred person commits sacrilege. On the contrary, a sacred person inducing a non-sacred person to luxury without delectation.
- Likewise by violation of the other vows of religion, namely, poverty and obedience, by which, as by the vow of chastity, persons are consecrated to God.
As we have already noted, it is required that sacrilege affect the person formally as sacred: thus calumny uttered by a priest or against a priest, although it is aggravated by this circumstance, does not have the proper malice of sacrilege.
- By acts by which a sacred place is polluted, enumerated in the text of canon 1172 (cf. 1207), namely, a) by the delict of homicide; b) by injurious and grave shedding of blood; c) by impious or sordid uses to which the sacred place has been assigned, for example, dishonest dances, a grave brawl, stabling, or prostitution; d) by burial of an infidel, or of an excommunicated person after declaratory or condemnatory sentence. These acts, in order that a church be held juridically violated, must be certain, notorious, and placed in the church itself; but even if they are not notorious, they remain sacrilegious: for they are not sacrilegious because on account of them the Church is declared violated, but conversely. These are of themselves mortal.
- By violation of ecclesiastical immunity, for example, unjust breaking in, devastation, spoliation, overturning of altars, violation of the right of asylum (can. 1179); and consequently by theft of a sacred thing or of a thing handed over to the custody of the Church, committed in a sacred place. These of themselves are mortal.
- By acts which dishonor the sacred place: a) By all sins, not indeed internal sins, but external sins which, from the fact that they are perpetrated in a sacred place, contract a special malice of sacrilege, even mortal, because of special repugnance with the sanctity of the place, such as worship of an idol or demon, sins of immodesty manifestly grave in the account of an external act, namely, consummated acts and those which proximately dispose to them.
b) By various external actions not sinful but profane, some of which are per se forbidden under grave obligation, such as profane judgments, public markets, profane games, dances, profane spectacles, banquets, public shoutings and runnings about, etc. (can. 1178); others per se under light obligation: conversation, private eating, a private pact entered into without commotion, walking about, etc., unless there is an excusing cause.
But since favors are to be broadened, odious things restricted, it follows that under the name of sacred place there are also comprehended cells, the cloister, sacristy, tower, church forecourts, if it is a question of the right of asylum; they are not comprehended if it is a question of acts which dishonor a sacred place or by which it is polluted.
806. Real sacrilege is constituted by violation of things which by public authority pertain to divine worship or are proximately referred to it:
- By unworthy reception, ministration, treatment, simulation of sacraments; likewise by profanation of sacramentals. Concerning these things it will be spoken particularly in the treatise on the Sacraments.
- By unworthy treatment of sacred vessels or blessed ornaments. This can be grave: thus it would be mortal to convert a chalice or pyx to profane uses (can. 1150 and 1296); to use a vessel, corporal, and ornaments altogether unclean; for a non-deacon to handle without necessity vessels immediately containing the holy Eucharist; or light: thus it would be venial without necessity to employ a blessed candle for profane use, to drink blessed water for thirst, to drive away flies with a blessed ornament, for one who does not have power to touch a chalice, sacred vessels, corporals (can. 1306). In doubt, the matter often depends upon the intention of the agent or common estimation.
- By profanation of relics and images, for example, by treating them badly, breaking them, stealing them, deputing them to sordid uses, scattering or throwing away relics, painting or sculpting images indecorously.
- By abuse of the Sacred Books (Council of Trent, sess. 4, at the end), which is only venial, unless it is done for shameful and lascivious things or for confirming errors.
- Finally by destruction of a church, and by usurpation, theft, destruction, injury, alienation without permission, of ecclesiastical goods, namely, those which are deputed to the ornament of the temple, sacred ceremonies, or the sustenance of ministers as such; but not of those things which are personal to clerics, or which are destined for the church but have not yet come into its dominion.
807. Observations. - 1. If sacred things have been totally changed, their violation or employment for profane use is no longer sacrilege, for example, if a chalice is altogether broken or melted down, unless sometimes by reason of scandal; likewise if they are no longer sacred because they have lost consecration or blessing, or because their form has now been perfectly changed (can. 1305): then they can freely be employed for profane uses, yet not for sordid uses (can. 1510).
- Time is not consecrated to God in a special mode: he who violates a sacred day by sinning, although on this account he can sin more gravely, nevertheless does not commit sacrilege, because no special consecration is present; unless contempt or notable irreverence toward something sacred accedes, or scandal for the faithful, as on Good Friday to perform comedies or ludicrous spectacles.
- When a church has been violated, the cemetery, even if contiguous, is not on this account judged violated, and conversely (can. 1172, § 2).
- Hence in law it is said: sacrilege is committed by taking away either the sacred from the sacred (namely, real and local), or the non-sacred from the sacred (local sacrilege, if the thing has been entrusted to the Church), or the sacred from the non-sacred (real sacrilege).