§ 1. On the Nature, Division, and Malice of Simony

555. Etymological notion. Simony is named from the crime of Simon Magus.⁸⁸¹ Although already in the Old Testament some were defiled by this vice, such as Gehazi, who sought a reward from Naaman after he had been cleansed by the prayers of the prophet Eliseus, and Balaam, who endeavored to sell sacred things to King Balak, nevertheless in the New Testament Simon Magus was the first of all to commit simony and to receive the due punishment.

Definition. Simony is defined by St. Thomas:⁸⁸² "the deliberate will to buy or sell something spiritual or annexed to the spiritual."⁸⁸³

The definition is explained. It is said, first: deliberate will, because for the essential malice of simony it is not required that a pact made by mutual consent also be completed in fact, but the interior, deliberate, and determined will of either party to buy or sell spiritual things suffices. Therefore a simoniacal stain can be present if someone merely intends interiorly to enter into a true bargain.

It is said, second: to buy or sell. By these words is indicated not only a contract of purchase and sale, but any onerous contract whatever, for example, of letting, hiring, alienation, etc.⁸⁸⁴ Therefore a gratuitous contract does not induce simony unless this has been established in some case by ecclesiastical law.

For a fuller explanation of the nature of simony, there is sometimes added: for a temporal price. For in this consists the essence and malice of simony (at least of divine law): that a temporal price is held as an equivalent compensation for a spiritual thing. The temporal price which is offered in a simoniacal pact was already distinguished by St. Gregory the Great⁸⁸⁵ as threefold: a gift from the hand, from the tongue, and from service. A gift from the hand is money and every other thing which can be appraised in money, such as the remission of a debt, a lease, etc. A gift from the tongue is favor, praise, recommendations, intercessions, defenses, and generally any patronage whatever which is exercised with another by agreement for obtaining some spiritual thing as remuneration. A gift from service is temporal service rendered for acquiring a spiritual thing; this can be done in many ways, for example, by serving, assisting, instructing, teaching, etc. A cleric would furnish such a gift from service if he were to give instruction to the son of a patron under the pact that he himself be presented to a vacant parish. The Angelic Doctor notes⁸⁸⁶ that it is no less simoniacal to give or receive a gift from the tongue or from service as the price for a spiritual thing than a gift from the hand. And Urban II⁸⁸⁷ says: "Whoever grants or acquires ecclesiastical things, not for that for which they were instituted but for his own gains, by a gift of the tongue, or of undue service, or of money, is a simoniac."

⁸⁸¹ Cf. Acts 8:18ff.

⁸⁸² S. theol. 2, 2, q. 100, a. 1. A. Leins, Die Simonie, Freiburg im Breisgau, 1902, p. 40, undeservedly attacks this definition as insufficient. On the contrary, this definition is also employed by the Code of Canon Law, c. 727, for simony of divine law.

⁸⁸³ Simony is reduced to real sacrilege because it is an unworthy treatment of a sacred thing. It is customarily treated separately, however, both because of its breadth and because of its gravity.

⁸⁸⁴ S. theol. 3, q. 83, a. 3 ad 5; Code of Canon Law, c. 728.

⁸⁸⁵ c. 114, C. 1, q. 1.

⁸⁸⁶ S. theol., l.c., a. 5.

⁸⁸⁷ c. 1, C. 1, q. 3.

556. It is said, third: something spiritual or annexed to the spiritual, in order to designate the matter of simony. In this matter, a spiritual thing is understood to be everything which either of itself or by the institution of the Church or of God is ordained to the supernatural salvation of the soul, for example, sanctifying grace, gratuitously given grace, the sacraments, sacramentals, the power of orders and jurisdiction, dispensation, absolution, etc. Something is said to be annexed to a spiritual thing in three ways: antecedently, concomitantly, and consequently.

A temporal thing is annexed antecedently to a spiritual thing when the temporal thing preexists and the spiritual thing afterward accrues to it, for example, a chalice, sacred vessels, a rosary, an estate to which the right of patronage adheres, etc. All these things preexist as temporal things, and afterward something spiritual accrues to them, namely, consecration, blessing, or the right of patronage.

A temporal thing is annexed concomitantly to a spiritual thing if both are joined at the same time and in an almost parallel manner. But if this conjunction is essential and indissoluble, the temporal thing is called joined to the spiritual thing concomitantly intrinsically; otherwise, concomitantly extrinsically. For example, the labor in saying Mass is a temporal thing concomitantly and intrinsically annexed to the Mass. But if the Mass is to be sung or said in a distant place, then such labor is a temporal thing annexed to the Mass concomitantly indeed, but extrinsically.

A temporal thing is called annexed consequently if it presupposes a spiritual thing as the cause upon which it depends; for example, parochial revenues are something temporal, but they presuppose something spiritual as their cause, namely, the parochial office itself; for according to the common adage, "A benefice is given on account of the office."

557. Corollary. From what has thus far been said concerning the nature of simony, it follows that the essence of simony consists in an onerous contract which causes an exchange of a spiritual (supernatural) thing for a temporal thing. Therefore it is not simony to give a spiritual thing for a spiritual thing, or a thing annexed to the spiritual for a thing annexed to the spiritual; for example, it is not simony if a priest says Mass for another who has said a rosary, or if someone applies an indulgence in order to obtain a sacred relic, or if someone gives a consecrated chalice for a blessed ciborium. Nevertheless, exchanges of this kind are also sometimes gravely prohibited by a special statute of positive law, as will be said below.

558. Divisions. 1. Simony of divine law and of ecclesiastical law.

The former is present when the thing given for a price is by its very nature spiritual or annexed to a spiritual thing. Hence it is also called simony of natural law. Such simony is, for example, the payment of money for obtaining sacred orders. Simony of ecclesiastical law is present, not indeed when a spiritual thing is sold for a temporal thing, but when exchanges of ecclesiastical things are made which the Church has gravely prohibited because of the danger of irreverence toward spiritual things,⁸⁸⁸ for example, when one benefice is given for another. These prohibitions are most just, since they exclude grave abuses which otherwise would easily occur and guard against the grave danger of simony of divine law. Some authors think that simony of ecclesiastical law is not simony except in a broader sense, and therefore give a special definition of it, namely: simony of ecclesiastical law is a contract concerning something spiritual or annexed to the spiritual which is gravely prohibited by the Church in view of religion.⁸⁸⁹

⁸⁸⁸ Code of Canon Law, c. 727, § 2.

⁸⁸⁹ Reiffenstuel (Ius can. l. 5, tit. 3, n. 26ff.) maintains that the same definition belongs to simony of ecclesiastical law as to simony of divine law. Billuart (De relig. diss. 11, a. 21) also treats this question excellently.

559. 2. Mental, conventional, real, and confidential simony.

Mental simony is present when a simoniacal pact is purely mental, that is, when something temporal is offered with the intention that the other be morally obliged to give something spiritual; or, conversely, something spiritual is given with the intention of obliging the other to give something temporal. The intention of exchanging, however, is not manifested outwardly. For example, a cleric commits mental simony who serves a bishop or patron for no salary or a small salary with the intention, not indeed manifested but conjecturable from the circumstances, that in recompense for the service rendered a parish be conferred upon him by that person. A bishop commits the same simony who confers a parish upon some cleric with the intention that the cleric bestow money upon him or his blood relatives. Canonists subtly distinguish this mental simony, which actually gives either a temporal or a spiritual thing with a simoniacal intention, from purely internal or intentional simony, which has not yet actually given, but has merely proposed to give, a temporal or a spiritual thing. This distinction is of no importance for moral theology, because before the strict divine Judge, who is the searcher of hearts, both kinds of simony are equally culpable.⁸⁹⁰ Neither kind of mental simony, however, since it is an internal act, is reached by ecclesiastical penalties.

Conventional simony is an agreement or pact truly entered into on both sides, but not yet put into execution, to exchange a temporal thing for a spiritual thing or for a thing essentially annexed to the spiritual. But if that pact has been fulfilled by neither contracting party through the handing over of the thing, it is called purely conventional simony; if, however, it has already been put into execution by either party, it is called semi-real or mixed simony, because it has something of conventional and something of real simony.

Real simony is a simoniacal pact already put into execution by both contracting parties, either totally or at least in part; for example, someone pays money in order to obtain a canonry, and the other confers this benefice, or at least sends the document of institution.⁸⁹¹

Confidential simony has place only in ecclesiastical benefices,⁸⁹² and is the procurement, conferral, or acceptance of an ecclesiastical benefice with a certain confidential reservation. This reservation can be fourfold:

a) by access, namely, if someone in any manner hands over an ecclesiastical benefice (properly so called; therefore not regular prelacies, unless, because of temporal goods annexed to them, they are true benefices) under the condition that the benefice be resigned or access to it be opened, either to himself or to another person who is still incapable, for example, because of defect of age, after capacity has been acquired. For example, a bishop hands over a canonry to Peter under the condition that after some time free access to that benefice be opened to Caius, the bishop's nephew, namely, when Caius has acquired sufficient learning. As regards this simony, it makes no difference whether the benefice was handed over by means of presentation, conferral, election, collative institution, etc.

b) by entrance, namely, if someone cedes to another a benefice conferred upon himself before taking possession of it, under the pact that, after the benefice has been relinquished in any manner whatever, he who ceded it may himself enter into possession of it. For example, a parochial benefice has been conferred upon Peter, but before taking possession of it he renounces it to Paul, adding, however, this condition: that if Paul is promoted to another parish, Peter may immediately enter into the parochial benefice renounced.

c) by regress, namely, if someone resigns to another a benefice already possessed, under the condition that afterward regress to it be open to himself or to a third person.

d) by reservation of a portion or pension, if someone in any manner procures a benefice for another, but under the condition that a portion of the revenues of the benefice be ceded to himself or to a third person. For example, the patron of a parish church presents Peter as pastor under the condition that Peter, after obtaining the benefice, pay one hundred francs annually from the revenues of the benefice. Concerning when it is lawful to reserve a pension for oneself from benefices, see the canonists.⁸⁹³

⁸⁹⁰ Cf. Innocent III, c. 34, X 5, 3.

⁸⁹¹ Some authors, such as Cajetan (Opusc. de simonia q. 2), Dominic Soto (De iure et iust. l. 9, q. 8, a. 1), the Salmanticenses (Curs. theol. mor. tr. 19, c. 1, n. 18), and Concina (De extr. unct. et ord. l. 1, diss. 3, c. 3), think that real simony is already committed by the handing over of the spiritual thing, although the stipulated price has not yet been paid. But one must not depart from the most common opinion explained above (cf. Reiffenstuel, Ius can. l. 5, tit. 3, n. 20).

⁸⁹² Confidential simony differs from the other species thus far enumerated only by reason of its matter. For it concerns solely the matter of benefices. In reality, however, it can be either conventional or real; often it is not of divine but of ecclesiastical law (cf. Suárez, De relig. l. 4, c. 45, n. 20). It is called confidential because no judicial action was given (because of the unlawful pact), but it obtained its whole force from the good faith of him who received the benefice.

⁸⁹³ Cf. our Man. iur. can. q. 429. Concerning confidential simony, see the Constitution of Pius IV Romanum Pontificem and the Constitution of Pius V Intolerabilis. Cf. also D'Annibale, Summula theol. mor. III, n. 112ff.

560. Moral and specific malice. a) Simony of divine law is a mortal sin against religion in its whole genus; b) simony of ecclesiastical law alone is a mortal sin from its genus.

a) The first part of this proposition is admitted by almost all authors⁸⁹⁴ and is also easily proved. For that simony is against the virtue of religion is evident of itself, since it is an unworthy treatment of sacred things⁸⁹⁵ and is reduced to real sacrilege. That simony of divine law is a mortal sin in its whole genus, so that it does not admit slightness of matter, is deduced from the fact that it imports the greatest injury inflicted upon sacred things, and consequently upon God Himself. Is it not an enormous contempt of sacred things conducive to eternal salvation if someone equates them with a temporal price? But this contempt is present whether there is question of a great or a small spiritual thing, for the reason and disorder are always the same. Hence St. Peter also reproached Simon Magus most vehemently for this, saying: "Keep thy money to thyself, to perish with thee, because thou hast thought that the gift of God may be purchased with money."⁸⁹⁶ The most grave malice of simony can also be surmised from the grave penalties which the Church imposes upon simoniacs.⁸⁹⁷ Furthermore, its malice appears from the calamitous effects which it has always produced; for which reason it is called "a pest surpassing all other diseases,"⁸⁹⁸ "a cancerous wound,"⁸⁹⁹ and "leprosy."⁹⁰⁰

b) The second part of the proposition is commonly admitted by authors, provided there is question of simony of ecclesiastical law alone. For not rarely simony of ecclesiastical law is joined with simony of divine law, and then it certainly is a mortal sin in its whole genus, as has been proved; but by itself it is nothing other than the transgression of an ecclesiastical precept. Now the transgression of an ecclesiastical precept gravely binding in itself admits slightness of matter. Therefore simony of ecclesiastical law alone is indeed a mortal sin if there is question of grave matter; otherwise it is a venial sin. Ecclesiastical law, however, has gravely prohibited simony of this kind because of the urgent danger of simony of divine law joined with it.

Authors commonly teach that simony of divine law and of ecclesiastical law are sins of the same species, since simony of ecclesiastical law is also true simony injuring the virtue of religion. For although in ecclesiastical simony the purchase of a spiritual thing for a temporal price is not always present, nevertheless the proximate danger of simony of divine law is always present. But he who culpably commits himself to the proximate danger of sinning and he who actually commits the same sin perpetrate a sin of the same species.

⁸⁹⁴ Cf. St. Alphonsus, Theol. mor. l. 3, n. 50.

⁸⁹⁵ Cf. St. Thomas, S. theol. 2, 2, q. 100, a. 1.

⁸⁹⁶ Acts 8:20.

⁸⁹⁷ Cf. below, n. 565.

⁸⁹⁸ c. 6, X 3, 5.

⁸⁹⁹ c. 7, C. 1, q. 1.

⁹⁰⁰ Ib. c. 14.