Article Eighth. On Simony

181. Definition. Simony, named from Simon Magus,² is defined as: the studious will of buying or selling, for a temporal price, something spiritual or annexed to something spiritual.³

a. It is said: studious, that is, deliberate will; because for the essence of simony it is not required that the pact be actually completed by mutual consent, but it suffices that it be begun, because there is present the interior will of one party of making an agreement or of obligating another. Of buying or selling signifies any onerous pact by which a spiritual thing is exchanged for a temporal thing. For a temporal price signifies not only money, but any temporal good or advantage which is exchanged with a spiritual thing. Something spiritual or annexed to something spiritual signifies the matter about which simony turns, which can be either a spiritual thing or a temporal thing annexed to something spiritual.

b. He does not commit simony of itself who gives a spiritual thing for a spiritual thing, or a thing annexed to a spiritual thing for a thing annexed to a spiritual thing; therefore it is not simony to give a Mass for a rosary, a chalice for a ciborium, nor to exchange mutually spiritual things of diverse orders: the application of an indulgence or a dispensation for a sacred relic, because a spiritual thing is not given for a temporal thing. Likewise he does not commit simony of itself who serves a bishop in a spiritual matter, for example as preacher or confessor, with the intention that he may receive a benefice: for a spiritual thing is exchanged for a spiritual thing.

Note. This definition applies only to simony of divine law, not likewise to simony of ecclesiastical law. Simony taken universally can be defined as: a contract concerning something spiritual or annexed to something spiritual, forbidden by law from a regard for religion.

¹ Laymann, l. 4, tract. 10, c. 8; Reuter, pr. II, n. 452-503; Lacroix, l. 3, pr. 1, n. 56-246; Castropalao, tract. 17, disp. 3; A. Leinz, Die Simonie, Freiburg: Herder, 1902. Canonists treat simony diffusely throughout.

² Acts 8:18 ff.

³ St. Thomas, II-II, q. 100, a. 1.

182. Division of simony. Three things necessarily concur for simony: matter, pact, and price; wherefore simony is divided in three ways.

1. By reason of matter, into simony of divine (natural) law and of ecclesiastical law. a. Simony of divine law is committed when for a temporal thing a spiritual thing or a thing annexed to a spiritual thing is given; and this simony indeed is evil in itself and therefore prohibited by natural-divine law. b. Simony of ecclesiastical law is committed when a spiritual thing or a thing annexed to a spiritual thing is given for another spiritual thing or thing annexed to a spiritual thing, or when a temporal thing is given for another temporal thing, but each against the prohibition of the Church. But this simony is not evil in itself, but is evil only because it is prohibited by the Church.

It is simony of divine law if money is given for the sacraments, for the sacrifice of the Mass, etc.; it is simony of ecclesiastical law if ecclesiastical benefices are exchanged, or if money is given for blessed oil without the license of the Church. But when the prohibition of the Church has been removed, the exchange or buying and selling of these things is no longer simoniacal.

2. By reason of the pact, simony is divided into mental, conventional, real, and confidential. This division tends especially to this, that the penalties established by law against simony may be explained.

a. Mental simony is committed when a temporal thing is given or offered with the intention of obligating another to give a spiritual thing, or conversely, without any pact externally manifested.

Therefore for mental simony the mere internal proposal of giving a temporal thing for a spiritual thing does not suffice, but it is required that something actually be offered or given with the merely internal will of obligating another to return a spiritual thing, as if a cleric serves a bishop with the intention that a benefice be conferred on him as wages, or if a patron gives a benefice to someone in order to compensate him for services received, yet with no agreement outwardly made. The mere internal proposal of committing simony without any external execution would be purely mental or intentional simony, which the law, as pertaining to the merely internal forum, does not attend to.

b. Conventional simony is made by a pact or agreement of giving or receiving a spiritual thing for a temporal thing, but with the agreement not yet fulfilled from each side. And if the agreement has been fulfilled from neither side by delivery of the thing promised, it is called pure conventional simony; but if it has been fulfilled from either side by at least partial delivery of the thing promised, it is called mixed.

c. Real simony is had when the agreement has been completed from each side by delivery of the thing promised, or at least has begun to be fulfilled, as if, when the spiritual thing has been given, the temporal thing has been received at least in part.

Titius sells Sempronius a benefice for five hundred crowns, but neither the benefice nor the price has thus far been handed over - pure conventional simony. Titius has conferred the sold benefice, but Sempronius has thus far paid nothing of the price - mixed conventional simony. Titius has conferred the sold benefice and Sempronius has already paid either the whole price or at least part of it - real simony.

Concerning confidential simony it will be said below.

3. By reason of the price, it is divided into simony with a gift from the hand, from the tongue, and from service: for the temporal price in law is customarily called a gift.¹ A threefold diverse gift is distinguished: a. a gift from the hand, by which money or any external good which can be appraised by a temporal price is designated, as remission of debt, lending of money, etc.; b. a gift from the tongue, by which any patronage which is exhibited by the tongue or by speaking is designated, as praise, recommendation, intercession, defense, etc., made before another from agreement for a spiritual thing; c. a gift from service, by which any temporal service is designated, as service as a servant, administration of affairs, etc., from a pact of obtaining something spiritual.

Therefore simony is committed on account of a gift from the hand if someone gives another a benefice so that he may remit a debt to him; on account of a gift from the tongue, if someone gives another a benefice so that he may recommend him to a prince; on account of a gift from service, if someone gives another a benefice so that he may instruct the children of the one conferring the benefice.

¹ c. Sunt nonnulli 114, c. 1, q. 1.

183. Moral and specific malice. 1. Simony of divine law is a sin against religion, grave from its whole genus, which does not admit smallness of matter. Its malice consists in this, that the spiritual and sacred thing is judged to be valued no more highly than a temporal and profane thing, by which reason not only is the spiritual thing treated unworthily, but at the same time injury is inflicted upon God, the author of spiritual things. Therefore there is the precept of Christ concerning supernatural goods: Freely you have received, freely give,¹ and the words of reprobation of St. Peter to Simon Magus: Thy money be with thee unto perdition, because thou hast thought that the gift of God may be possessed by money.² That this simony does not admit smallness of matter is clear: for a spiritual thing, however small, is by that very fact despised with the greatest injury to God, that it is equated with a temporal thing.

From these things it is clear that simony is a sin against religion, which is reduced to real sacrilege, although it is specifically distinct from it. Yet because its treatment is lengthy and filled with many difficulties, for the sake of clarity it is customarily set forth apart from sacrilege.

2. Simony of ecclesiastical law is a sin grave from its genus, which admits smallness of matter. This simony is evil because it is prohibited gravely by the Church from a motive of religion, namely for removing the danger of simony and therefore for guarding against irreverence toward sacred things. It admits smallness of matter, because the prohibitions of the Church, unless something else prevents, are accommodated to the matter, so that they are grave in grave matter and light in light matter.

3. Simony of divine law and of ecclesiastical law are sins of the same species, since even simony of ecclesiastical law is a sin against religion and therefore has the nature of true simony: for if the Church, from a motive of some virtue, commands or prohibits anything, by that very fact the thing commanded or prohibited becomes the matter of that virtue or vice on account of which the thing is commanded or prohibited; therefore even simony of ecclesiastical law is a sin against religion.

¹ Matt. 10:8.

² Acts 8:20.

184. Matter of simony of divine law is either something spiritual or something temporal annexed to something spiritual; therefore a twofold matter of simony is distinguished: the one is constituted by things spiritual in themselves, the other by things spiritual through connection.

a. Spiritual is understood as everything which either from itself or from the institution of God or of the Church is ordered to the salvation of the soul, whether as to substance it is a spiritual or a sensible thing.

This spiritual thing is of three genera: a. formally spiritual, which in itself and as to its substance is spiritual, such as sanctifying grace, the gifts of the Holy Spirit, supernatural virtues, graces gratuitously given, etc.; b. causally spiritual, which causes something spiritual, such as the sacraments, sacramentals, prayers both public and private, sermons, etc.; c. effectively spiritual, which is caused by something spiritual, such as acts of the power of order or jurisdiction: consecration, absolution, blessing, dispensation, excommunication, conferral of a benefice, etc.

b. Annexed to a spiritual thing is said of something temporal in itself, which nevertheless either by God or by the Church is annexed to something spiritual (a thing, right, or office).

A temporal thing can be annexed to a spiritual thing in three ways: a. antecedently, if a temporal thing preexists, to which a spiritual thing is then added, as are all things consecrated and blessed (sacred vessels, a temple, blessed oil), a plot of land or building to which the right of patronage adheres; b. consequently, if a temporal thing supposes a spiritual thing as the cause on account of which it is given, such as ecclesiastical benefices (the right of receiving temporal fruits), which are given on account of an office; c. concomitantly, if a temporal thing exists at the same time with a spiritual thing, as bodily labor to be undertaken in sacred functions. But labor annexed to a spiritual work is either intrinsic, when it is joined with the work of itself and necessarily, as the labor necessary in celebrating Mass, in carrying Viaticum, in preaching the word of God; or extrinsic, when it is joined to the work only accidentally, as the trouble which someone must undergo in celebrating with chant, in a distant place, at a determinate hour.

185. When it is simony to buy or sell a temporal thing annexed to something spiritual. 1. To buy or sell temporal things consequently annexed to something spiritual, according to the most common opinion, is simony of divine law: for the temporal thing which follows from the spiritual thing as from its root is so conjoined with the spiritual thing that in moral estimation it constitutes one thing with it, and therefore one can in no way be bought or sold without the other by private authority.

Therefore it is not licit to sell the right to the revenues of a benefice, which is founded in the spiritual right to pastoral offices as in its root and cannot be separated from it. Likewise it is not licit to buy or sell the right of living from the goods of a monastery, which is necessarily joined with religious profession, which is spiritual.

2. To buy or sell temporal things concomitantly and intrinsically annexed to something spiritual, according to the most common and true opinion, is simony of divine law: for the temporal thing which is concomitantly and intrinsically annexed to the spiritual thing is not appraisable by a price for the faithful from itself and independently of the spiritual thing; wherefore if it were sold, the spiritual thing itself would be judged to be sold.

Therefore it is not licit to receive something as a price for the labor and fatigue which are joined with the spiritual work of celebrating, preaching, consecrating a church, etc. The external work which is performed in celebration, administration of a sacrament, etc., is indeed distinct from the spiritual thing, but of itself in this case it has no value. For in order that something be appraisable by a price, that which is laborious to one person ought to be useful to another; but the external work of celebration or administration of a sacrament furnishes no utility to the faithful: for that which they value and seek, and which brings utility to them, is the spiritual thing alone.¹

3. It is licit to buy or sell temporal things concomitantly and extrinsically annexed to something spiritual: for what is concomitantly and extrinsically annexed can be separated from the sacred thing and therefore appraised by a price and sold independently of the sacred thing.

Therefore it is licit to give and receive money if a priest about to celebrate Mass must undergo the inconvenience of a long journey, or the fatigue of chant, or must remain fasting until noon. It is licit to receive something for sacred relics if to deprive oneself of them involves great inconvenience by reason of special affection.

4. It is licit to buy and sell temporal things antecedently annexed to something spiritual, provided the price is not increased because of the spiritual thing, nor the exchange prohibited by the Church. For the thing antecedently annexed to something spiritual on the one hand retains, after blessing or consecration, its physical value; but on the other hand the connection of the material thing with the spiritual blessing or consecration is not so great that by the intention of buyers and sellers one cannot be separated from the other. But if the price is increased because of the spiritual thing, simony of divine law is committed; and if the prohibition of the Church stands in the way of the sale, simony of ecclesiastical law is committed.

Therefore of itself it is licit to buy and sell blessed wax, sacred relics enclosed in precious cases, sacred vessels, sacred vestments, blessed medals and rosaries: for temporal things (wax, the case, etc.) have their own value, for which a price is licitly paid; but many things of this kind, as will be said below, cannot be bought and sold without simony because of the prohibition of the Church.

Note. Sacred relics, if we wish to speak properly, are themselves material things, to which a spiritual character is added, and therefore things antecedently annexed to something spiritual. But since relics, insofar as they are material, are of no value, they are customarily considered as spiritual things, and only the cases in which the relics are enclosed are held as material things appraisable by a price.

¹ Cf. Zeitschrift fur kath. Th., XXXIII (1909), p. 480 ff.

186. Simony of ecclesiastical law is committed especially in these ways:

1. To give or receive anything, even small, even spontaneously offered, on the occasion of an examination for parochial care, whether before or after the examination.¹ It is said on the occasion of the examination: for if something is given for the examination itself, namely for a positive mark, simony of divine law is committed.

2. To receive anything, even spontaneously offered, for the conferral of orders, even of first tonsure, for dimissorial letters, testimonial letters, or letters of formatae of the order conferred.² Nevertheless it is permitted that bishops receive a candle from those to be ordained, and the emoluments for dimissorial letters (so that orders can be conferred by another bishop) and for testimonial letters or formatae of the order conferred, determined by the sacred congregation by order of Innocent XI (the Innocentian tax).³

3. To sell and buy temporal offices canonically instituted, which are ordered to the administration of the temporal things of the Church (of sacristan, cantor, steward, procurator, defender of the church): for these are prohibited to be bought, whether by clerics or by laymen.⁴

But the right of burial in a determinate place can be sold: for by this pact ecclesiastical burial is not judged to be sold, nor the sacred place of burial, but the right of burying another in that place, which indeed is appraisable by a price, and its sale is not prohibited by the Church. Wherefore the practice has long prevailed in the Church that rights of this kind are sold everywhere.

4. To sell a part of a consecrated cemetery, the sale of which, as a thing antecedently annexed to something spiritual, would of itself be licit.

5. To sell blessed oil or sacred chrism even according to physical value, which likewise could be sold licitly of itself as annexed antecedently to something spiritual; nevertheless those churches are excepted in which, against the common law, a custom has prevailed of receiving something for compensating the expenses made for acquiring the material.⁵

6. To receive something for the erection, institution, communication, or aggregation of confraternities, under penalty of nullity of the act if anything is received for them.⁶

7. To commit to another, to be celebrated, a Mass which someone has undertaken to celebrate for a stipend, while part of the stipend has been retained by mutual pact.

8. To sell, expose as saleable, or exchange for another thing crowns, medals, and other things of this kind which are blessed and enriched with indulgences, and which by the very fact of the sale lose the indulgences.⁷

Nevertheless crowns, crosses, etc., do not lose the indulgences if the buyer of them commits to the seller himself the care of the blessing in his own name, even if he pays the price and the expenses of transmission only when the things already blessed are handed over to him.⁸

¹ Council of Trent, sess. 24, c. 18, De reform. Although in other cases the smallness of a gift offered (some flowers, a few fruits, moderate things to eat and drink) plainly excuses from the sin of simony, even of divine law, because these small things are not apt to induce an obligation, nevertheless even these are interdicted to examiners in a concursus: for the decree of the council establishes: that they receive absolutely nothing.

² Council of Trent, sess. 21, c. 1, De reform.

³ S. C. C., Oct. 8, 1678.

⁴ c. Consulere 38, De simonia (V. 3).

⁵ S. C. C., Dec. 20, 1879. Cf. Acta s. sedis, vol. XIII, p. 180 ff.

⁶ Constit. Quaecunque of Clement VIII, Dec. 8, 1604, nn. 11-12.

⁷ Decreta authentica S. C. Indulg., Ratisbon: Pustet, 1893, nn. 78, 82, 344. Cf. Fr. Beringer, Die Ablasse etc., 11th ed., Paderborn: Schoningh, 1900, p. 339 ff.

⁸ S. C. Indulg., July 10, 1896.

187. On a simoniacal pact. Declarations. a. A simoniacal pact is understood as any contract by which someone intends to obligate another to give a spiritual thing for a temporal price, or conversely.

b. A twofold simoniacal pact is distinguished: explicit, which is expressed by distinct words or signs: I give you one hundred for a canonry; and tacit or implicit, which is contained in some fact, from which, namely, when the circumstances have been considered, it appears that the temporal thing which is given and received is not a mere gift, but is conferred to obligate the other, so that he himself may give the spiritual thing.

So that it can be judged whether something is given with a simoniacal or a liberal mind, attention must be given to these three things: to the quality of the giver, to the quantity of the thing, and to the time of the donation. For if the gift is given by a rich and liberal man, or if the thing is of small price (a few things to eat or drink), or if it is given when necessity or opportunity requires it, it is not judged to have been given simoniacally, but liberally. On the contrary, if someone, at the time when the conferral of a benefice is imminent, should give a precious thing to the patron, although before he was not accustomed to give him gifts, he is judged to have given simoniacally.

Assertions. 1. To constitute true simony, some contract of giving a temporal thing for a spiritual thing, begun at least on one side, is essentially required; but any contract suffices, provided it is truly obligatory.

a. Any burden which is imposed on another suffices for committing simony, even if it obligates only from gratitude or from fidelity, not from justice, provided a new obligation is imposed on another which brings it about that his return is no longer gratuitous, but in some way owed. Hence it is simony if someone gratuitously gives a temporal thing on this condition, that the other likewise gratuitously give a spiritual thing.

b. It is licit to give a temporal thing with the hope of receiving something spiritual, or conversely, by way of gratitude, even if this hope is externally manifested, because in this way no pact is had, because no obligation is imposed, and from the other side no right is acquired.

2. Furthermore it is required that the temporal thing be given as a price, or as just compensation, for the spiritual thing; for otherwise the spiritual is not equated with nor exchanged for the temporal, which is required for the formal nature of simony.

Therefore simony is not committed if the temporal thing is given and received not as the price of the spiritual thing, but from another title, unless even this in a determinate case is prohibited by the Church. Several titles of this kind for giving and receiving a temporal thing for a spiritual thing exist, as will appear from the questions to be solved below; but the chief are: liberal gratitude, sustenance of the minister, poverty to be relieved, external labor, vexation to be redeemed, custom. If there is no other title for giving the temporal thing, in the external forum the temporal thing is presumed to be given as a price; in the internal forum it depends on the intention of the giver whether he has committed simony of divine law, or of ecclesiastical law, or none at all.

3. Simony is committed also when a temporal thing is given for a spiritual thing as a motive, that is, for moving another so that he may confer the spiritual thing, provided nevertheless that he acts with that disposition that he would not give the temporal thing if he knew that the other would not return the spiritual thing: for he who gives the temporal thing with this mind virtually gives it as a price.

4. Likewise simony is committed when a temporal thing is given as gratuitous compensation for a spiritual thing, or conversely,¹ in such a way, namely, that besides the natural obligation of gratitude, under the name of "gratuitous compensation," another obligation is imposed, whether of gratitude or fidelity or justice.

5. Finally, simony is committed when principally, although not solely, a temporal thing is given for a spiritual thing or conversely, because even in this case a true exchange of a spiritual thing with a temporal thing is made.

He commits simony who serves a bishop principally for obtaining a benefice as a thing owed for service, even if he attends upon him from other secondary motives also; but he does not commit simony who serves a bishop principally for conciliating his benevolence and secondarily also for obtaining a benefice, provided he does not intend the benefice as a thing owed for service, but as an effect of mere gratitude.²

¹ Therefore this proposition (45) was condemned by Innocent XI: "To give a temporal thing for a spiritual thing is not simony when the temporal thing is not given as a price, but only as a motive for conferring or effecting the spiritual thing; or even when the temporal thing is only a gratuitous compensation for the spiritual thing or conversely."

² Cf. St. Alphonsus, n. 51.