§ III. On Simony

Simony, so called from Simon Magus, is the studious will of selling or buying for a temporal price something spiritual, or something temporal annexed to the spiritual. It is called studious will not only because, not otherwise than other sins, it requires deliberation, but also because for its essential malice it is not required that a pact be completed by mutual consent, or in reality, but an interior or one-sided simoniacal affection suffices, namely the will of bargaining or of obliging.

Question 1. What is simony of divine law?

Response. § 1. The studious 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 annexed to a spiritual thing in such a way that the temporal thing can in no way exist without the spiritual, for example, an ecclesiastical benefice, etc., or that the spiritual thing is the object, even partial, of the contract, for example, consecration in the sale of a consecrated chalice, is simony of divine law (Can. 727).

Question 2. What is simony of ecclesiastical law?

Response. § 2. But to give temporal things annexed to the spiritual for temporal things annexed to the spiritual, 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 (Can. 727).

A temporal price is distinguished in canon law as of three kinds, namely: 1st, a gift from the hand, or recompense of any temporal thing estimable by price; 2nd, a gift from the tongue, or patronage, under which name come praises, recommendations, prayers, etc., to be interposed from a pact in favor of the one conferring the spiritual thing; 3rd, a gift from service, or any service or duties furnished to another, for example, service as a servant or any similar office.

Likewise there is a threefold temporal thing annexed to the spiritual: 1st, antecedently, as are sacred vessels, blessed oil, a prayer crown; 2nd, consequently, what depends on the spiritual as on a cause or root, as the right of receiving tithes; 3rd, concomitantly, as labor in sacred functions.

When simony is treated, buying-selling, exchange, etc., are to be taken broadly for any convention, although not brought to effect, even tacit, in which namely the simoniacal intention is not expressly manifested, but is gathered from the circumstances (Can. 728).

A threefold simony is distinguished: 1st, mental, if, with no pact intervening, the temporal or spiritual is conferred with simoniacal intention, that is, with the intention of obliging the other to return a spiritual or temporal thing; 2nd, conventional, if a pact indeed intervenes, but has been commanded to execution either in no way or only on one side. If the first, it is called pure conventional; if the other, mixed; 3rd, real, if the pact is fulfilled on both sides, at least inchoatively.

There is added confidential simony, whose matter is only ecclesiastical benefices. This is then had when someone, in election or presentation to benefices, or in the resignation of these, from confidence, or from an express or tacit pact and by his own authority, reserves something for himself or for another concerning the fruits of the benefice, or concerning the benefice itself.

I Say 1st. For simony there is required that the temporal be given or received, whether expressly and formally or virtually, for the spiritual thing itself and in exchange for it, so that an equalization of the spiritual thing with the temporal, or an exchange from the primary motive of having one for the other as price or just compensation, is made. The reason is clear from the very definition of simony. Hence if some honorable motive intervenes, by virtue of which the temporal thing and in turn the spiritual thing is bestowed, one would no longer be the motive of the other, but only its impulsive cause, and therefore there would not be simony.

I Say 2nd. Simony is not had when the temporal is given not for the 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 annexed, for example, a consecrated chalice, provided the price is not increased because of the annexed spiritual thing (Can. 730).

Something can licitly be received for a sacred ministry by reason of stipend or support, as is clear from the practice of the Church. For natural equity demands that honorable support be conceded to those who are occupied for the utility of others. Hence Christ says, Luke x, 7: "The workman is worthy of his wage." - And the Apostle, I Cor. ix, 13: "Know you not that they who work in the sanctuary eat the things that are of the sanctuary; and they who serve the altar partake with the altar? So also the Lord ordained for those who announce the Gospel, to live from the Gospel."

I Say 3rd. Simony is a most grave sin; and if it is of divine and natural law, it does not admit smallness of matter. But if the simony is of ecclesiastical law, it can admit smallness of matter, according to St. Alphonsus. The reason is that any spiritual thing whatsoever, from comparison with a temporal thing, is vilified with great injury to God himself. This is clear also from the words of St. Peter to Simon Magus, Acts viii, 20: "Let thy money be with thee unto perdition, because thou hast thought that the gift of God is possessed with money." - Cf. St. Alphonsus, n. 50.

I Say 4th. Renunciation of an ecclesiastical office made simoniacally is invalid by the law itself. - Cf. Can. 185.

§ 2. Presentation infected by a simoniacal stain is invalid by the law itself, and even renders a subsequent institution perhaps invalid (Can. 1465). - Cf. Can. 1441.

Question 1. Is it simony to give a temporal thing principally indeed on account of a spiritual thing, but not uniquely?

Response. Affirmatively, and the reason is that then comparison of the temporal thing with the spiritual thing is also present. For the added motive, however honorable it may be, does not destroy the malice and impiety of the prior motive, because a temporal thing is principally given. This is clear also from proposition 45 condemned by Innocent XI, which is as follows: "To give a temporal thing for a spiritual thing is not simony, if the temporal is not given as a price, but as a motive for conferring or effecting the spiritual." - Cf. Viva on this proposition. - St. Alphonsus, n. 54.

Question 2. Is it simony to redeem oneself with money from unjust vexation concerning benefices, or another spiritual good, for example, sacraments, etc.?

Response. Negatively, at least more probably, because liberation from vexation, which alone is directly intended, is something temporal. - Hence you can give money to your enemy if he attempts by fraud to impede the electors lest they favor you. The Doctors agree in the same, even if he should wish to impede only by prayers. But you cannot give money to those who can harm or benefit by electing or presenting to a benefice; for to offer money to them lest they harm would be the same as to offer it so that they benefit, namely so that they do not deny consent. Nor is it licit for you to give money to your competitor so that he desist from competing for the benefice, because there is no unjust vexation to be redeemed by you, and you would directly prepare for yourself the way to the benefice through money, which is simoniacal. - Cf. St. Alphonsus, nn. 99 and following.

Not every condition added to the conferral of a spiritual thing induces simony, but only that which brings a new burden or a new obligation of justice by way of exchange. Therefore it is not simony if I give the spiritual thing in order that I may obtain a temporal thing which is owed to me by title of justice but is denied by injustice alone. Baller., note (a), p. 284.

Question 3. Is it simony to give or receive something for entrance into Religion?

Response. § 1. Unless it is provided in the constitutions or by express agreement that something is to be paid for food and religious habit upon entering postulancy or novitiate, nothing can be exacted for the expenses of postulancy or novitiate (Can. 570).

Finally, it is certain that it is licit for Nuns to exact a dowry from those about to enter, as is clear from the usage received everywhere and from several decisions of the Sacred Congregation of the Council in Benedict XIV, de Synodo, lib. 11, chap. 6. Yet they must take care not to receive unsuitable persons solely on account of the dowry or some other temporal emolument; for that would be simoniacal. Cf. Can. 547.

Question 4. Does a priest commit simony who exacts for a Mass a stipend above the customary tax or the tax established by the Bishop?

Response. Negatively, as regards the internal forum and before God, unless he acts with a simoniacal mind; because, since he has a title for exacting remuneration, comparison between the spiritual and the temporal is lacking. He would indeed sin against obedience or justice by exacting more than is fair, but not at all against religion. Nevertheless in the external forum he would be held as simoniacal, because an increase of this kind would be presumed to be exacted not for support, but as the price of a spiritual thing; for this reason several theologians and canonists affirm absolutely that in that case true simony is committed. - Cf. Voit, n. 497. - Baller., note (a), p. 276.

Question 5. What is especially to be said concerning the tax of Masses for this our region?

Response. Concerning this matter the Baltimore Fathers speak thus: "... The quantity of a just stipend can scarcely be determined universally. The Sacred Congregation of the Council, having been asked, 'how great the alms of manual Masses ought to be,' on Nov. 15, 1698 responded: 'the custom of the place, or the synodal law insofar as it is present, is to be attended to; but if not, a competent alms is to be established by the Bishop according to his judgment.' But in that which pertains to the quantity of the alms to be determined by the Bishop, the same and universal rule cannot be established for all places in these provinces so extended far and wide, since, regard having been had to the circumstances of places and times, in diverse places it ought to be lesser or greater. Whence, leaving it to the individual Ordinaries, that with the circumstances of things well considered, they determine for their clergy the quantity of stipend which seems just to them, we establish this only, that no one exact more nor regularly less than shall have seemed opportune and just to his Bishop." - Cf. Conc. Plen. Balt. II, n. 369.

Question 6. Whether and what can be received, without stain of simony, for the administration of sacraments and for other ecclesiastical functions, especially in this region?

Response 1st. For the administration of Sacraments let the minister exact or ask nothing for any cause or occasion, whether directly or indirectly, except the offerings concerning which in can. 1507, §1 (Can. 736).

§ 1. With the prescription of can. 1056 and can. 1234 saved, to fix beforehand taxes to be paid in the whole ecclesiastical province for various acts of voluntary jurisdiction, or for the execution of rescripts of the Apostolic See, or on the occasion of the ministration of Sacraments or Sacramentals, belongs to the provincial Council or the meeting of the Bishops of the province; but no such prefixed determination has force unless it has first been approved by the Apostolic See (Can. 1507). - Cf. St. Alphonsus, n. 55. - Reiff., lib. 5, tit. 3, nn. 186 and following.

Therefore in this region the following statute of the Baltimore Fathers must be attended to: "Since, by command of Christ the Lord, spiritual gifts received freely are to be given freely, and since, according to the witness of the Apostle, avarice is a certain service of idols, which indeed in a Christian man is a grave harm, but in a minister of the Sacred Things of the true God is a most shameful crime, we declare that no one should dare to exact, ask, or bargain for anything for the administration of the sacraments." - Cf. Conc. Plen. Balt. II, n. 221.

Response 2nd. For which sacraments and functions in particular, according to the custom received among us, some alms can be received, we add in the following:

1st. For Baptism and Matrimony, if anything is offered, it is received with impunity. "Those things which from the zeal of piety," say the Baltimore Fathers, n. 221, "after Baptism or Matrimony has been conferred, are spontaneously offered by the faithful in the name of alms, the priest, if he wishes, may receive; for custom tolerates this among us, nor does the Church disapprove."

2nd. For Confirmation, Kenrick, tract. 12, n. 63, has these things: "On the occasion of administering Confirmation nothing is accustomed to be given; but provisions are to be furnished to a Bishop making visitation of his diocese. ... In the Mexican Provinces the individual faithful who have been confirmed are accustomed to contribute a half silver coin for the expenses of the Bishop; which custom displays an evil appearance. Among us the pastor supplies food."

3rd. For the Eucharist, nothing at all is accustomed or able to be received.

4th. For Penance, it is strictly forbidden that anything be received under any title whatsoever; indeed confessors should not permit even the Mass alms to be offered to themselves in the sacred tribunal of penance. - Cf. Conc. Plen. Balt. II, n. 289.

5th. For Extreme Unction, if the priest has made a long journey, nothing forbids the necessary expenses of the journey to be received. Cf. Kenrick, tract. 12, n. 66.

6th. For Order, according to the Council of Trent, sess. 21, c. 1, "let Bishops receive nothing even spontaneously offered, under any pretext whatsoever." - But those who must undertake a journey are not held by this prohibition, because then they can receive its expenses. - Cf. Kenrick, n. 67.

7th. For ecclesiastical burial the Baltimore Fathers have the following:

"We earnestly exhort and beseech Ordinaries of places in the Lord that they take care that the discipline concerning burials be exacted as soon as possible, and as much as can be done, according to the norm established by the Most Holy Canons. 'The poor, to whom when dead nothing or so little remains that they cannot be buried at their own expense, are to be buried altogether gratis.' But if someone wishes some place in a cemetery reserved for himself and his heirs in perpetuity, so that no one else, if they are unwilling, can ever be buried there, a price can be paid for a right of this kind, as they say, exclusive. From moneys procured in this way there is no doubt that a sum is had which suffices for preserving, restoring, and adorning cemeteries. If anything remains over, let it be applied, by judgment of the Ordinary, for promoting works of charity or religion. But we strictly forbid that ecclesiastical men should ever dare, under any pretext whatsoever, without permission of the Ordinary, to make their own the moneys which are derived from cemeteries; but if they attempt this, let them be struck with most severe penalties." - Cf. Conc. Plen. Balt. II, n. 393. - Kenrick, n. 69.

Question 7. What penalties are laid upon simoniacs?

Response. All, even those increased with episcopal dignity, who knowingly have promoted through simony to orders, or have been promoted, or have ministered or received other Sacraments, are suspected of heresy; clerics moreover incur suspension reserved to the Apostolic See (Can. 2371).

With the prescription of can. 729 remaining firm, those perpetrating the delict of simony in any ecclesiastical offices, benefices, or dignities whatsoever:

1st. Incur excommunication latae sententiae simply reserved to the Apostolic See;

2nd. By the fact itself remain deprived in perpetuity of the right of electing, presenting, or nominating, if they have any;

3rd. If they are clerics, moreover let them be suspended (Can. 2392).

Question 8. What is the value of a simoniacal contract?

Response. 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 lacks every force, although the simony was committed by a third person, even without the knowledge of the one provided, provided this is not done in fraud of the same provided person or with him contradicting it. Wherefore:

1st. Before any sentence of a judge, the thing simoniacally given and accepted, if it is capable of restitution and reverence owed to the spiritual thing does not stand in the way, must be restored, and the benefice, office, or dignity given up;

2nd. One simoniacally provided does not make the fruits his own; but if he has perceived them in good faith, it is permitted to the prudence of the judge or Ordinary to condone the fruits perceived in whole or in part to the same (Can. 729).

Question 9. Is it licit to sell sacred things?

Response. What is annexed to the spiritual in such a way that it is presupposed to the spiritual and to which the spiritual afterward comes, if a special prohibition of the Church is absent, can be sold by reason of the material or workmanship, even if the consecration or blessing is inseparable from it, provided it is not therefore sold more dearly, but only according to the value which it has independently of those things. - Lacroix, l. III, p. 1, n. 153. - And therefore chalices, Agnus Dei, sacred vestments can of themselves be sold, provided they are sold at the price of the material.

§ 1. In the sale or exchange of sacred things, no account of consecration or blessing is to be had in the estimation of the price (Can. 1539).

Nevertheless sacred furnishings blessed or consecrated lose blessing or consecration ... if they have been exposed for public sale. Cf. Can. 1305.