Book Three: Of Things

The things which are treated in this book, and which are so many means for attaining the end of the Church, are some spiritual, some temporal, and some mixed.

§ 1. The deliberate will of buying or selling for a temporal price a thing intrinsically spiritual, for example, Sacraments, ecclesiastical jurisdiction, consecration, indulgences, etc., or a temporal thing joined to a spiritual thing in such a way that the temporal thing cannot in any way exist without the spiritual, for example, an ecclesiastical benefice, etc., or that the spiritual thing is the object, even partially, of the contract, for example, consecration in the sale of a consecrated chalice, is simony of divine law.

§ 2. But to give temporal things joined to spiritual things for temporal things joined to spiritual things, or spiritual things for spiritual things, or even temporal things for temporal things, if this is prohibited by the Church on account of the danger of irreverence toward spiritual things, is simony of ecclesiastical law.

When there is question of simony, buying-selling, exchange, etc., are to be understood broadly for any agreement, even one not brought to effect, even tacit, in which namely the simoniacal intention is not expressly manifested, but is gathered from the circumstances.

With the penalties established by law against simoniacs remaining firm, the simoniacal contract itself and, if simony is committed concerning benefices, offices, or dignities, the subsequent provision lack all force, even if the simony was committed by a third person, even without the knowledge of the person provided, provided that this is not done in fraud of the same person provided or while he is contradicting it. Wherefore:

1° Before any sentence of a judge, the thing simoniacally given and accepted, if it is capable of restitution and the reverence due to a spiritual thing does not obstruct, must be restored, and the benefice, office, or dignity resigned.

2° One simoniacally provided does not make the fruits his own; but if he has received them in good faith, it is permitted to the prudence of the judge or Ordinary to remit to him the fruits received wholly or in part.

Simony is not had when a temporal thing is given not for a spiritual thing, but on its occasion from a just title recognized by the sacred canons or by legitimate custom; likewise when a temporal thing is given for a temporal thing which as a subject has something spiritual joined to it, for example, a consecrated chalice, provided that the price is not increased on account of the joined spiritual thing.