Reply Obj. 2: Sacred vessels also are annexed to spiritual things as to their end, wherefore their consecration cannot be sold. Yet their material can be sold for the needs of the Church or of the poor provided they first be broken, after prayer has been said over them, since when once broken, they are considered to be no longer sacred vessels but mere metal: so that if like vessels were to be made out of the same material they would have to be consecrated again.
Reply Obj. 3: We have no authority for supposing that the double cave which Abraham bought for a burial place was consecrated for that purpose: wherefore Abraham could lawfully buy that site to be used for burial, in order to turn it into a sepulchre: even so it would be lawful now to buy an ordinary field as a site for a cemetery or even a church. Nevertheless because even among the Gentiles burial places are looked upon as religious, if Ephron intended to accept the price as payment for a burial place, he sinned in selling, though Abraham did not sin in buying, because he intended merely to buy an ordinary plot of ground. Even now, it is lawful in a case of necessity to sell or buy land on which there has previously been a church, as we have also said with regard to sacred vessels (Reply Obj. 2). Or again, Abraham is to be excused because he thus freed himself of a grievance. For although Ephron offered him the burial place for nothing, Abraham deemed that he could not accept it gratis without prejudice to himself.
The right of the first-born was due to Jacob by reason of God's choice, according to Malach. 1:2, 3, "I have loved Jacob, but have hated Esau." Wherefore Esau sinned by selling his birthright, yet Jacob sinned not in buying, because he is understood to have freed himself of his grievance.
The right of patronage cannot be the matter of a direct sale, nor can it be granted "in fee," but is transferred with the property sold or granted.
The spiritual right of receiving tithes is not granted to layfolk, but merely the temporal commodities which are granted in the name of tithe, as stated above (Q. 87, A. 3).
With regard to the granting of benefices it must, however, be observed, that it is not unlawful for a bishop, before presenting a person to a benefice, to decide, for some reason, to retain part of the revenues of the benefice in question, and to spend it on some pious object. But, on the other hand, if he were to require part of the revenues of that benefice to be given to him by the beneficiary, it would be the same as though he demanded payment from him, and he would not escape the guilt of simony. _______________________
FIFTH ARTICLE [II-II, Q. 100, Art. 5]
Whether It Is Lawful to Grant Spiritual Things in Return for an
Equivalent of Service, or for an Oral Remuneration?
Objection 1: It would seem that it is lawful to grant spiritual things in return for an equivalent of service, or an oral remuneration. Gregory says (Regist. iii, ep. 18): "It is right that those who serve the interests of the Church should be rewarded." Now an equivalent of service denotes serving the interests of the Church. Therefore it seems lawful to confer ecclesiastical benefices for services received.
Obj. 2: Further, to confer an ecclesiastical benefice for service received seems to indicate a carnal intention, no less than to do so on account of kinship. Yet the latter seemingly is not simoniacal since it implies no buying or selling. Therefore neither is the former simoniacal.