Section — Vermeersch, Theologia Moralis
§ 1. Notions and Divisions
I. Notions. Simony is a real sacrilege of agreements which, in view of religion, are prohibited concerning a spiritual thing or a temporal thing connected with it.
II. Simony is distinguished as more strictly so called, or of divine law, and more broadly so called, or of ecclesiastical law. Cf. Laymann, Theol. mor. L. 4, Tr. 10, c. ult. n. 3.
Purely mental simony is done without an exterior pact; conventional simony is done through a pact; real simony is completed by at least partial execution of the pact. Before the Code, that was called mixed which was completed by execution on the part of one side only. Simony in the matter of benefices has customarily been called confidential, because it is committed through secret conditions contained in an agreement of an honorable appearance.
Simony of divine law is thus defined by canon 727, §1: "A studied will of buying or selling for a temporal price an intrinsically spiritual thing, e.g., 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 thing, e.g., an ecclesiastical benefice, etc.; or that the spiritual thing is the object, even partial, of the contract, e.g., consecration in the sale of a consecrated chalice."
a) A studied will: i.e., not only deliberate, but choosing means: i.e., whether of an action in which the simoniacal intention is disguised (mental simony, or mixedly mental), or of an open agreement (conventional simony), or even of the handing over of a thing promised by agreement (real simony).
There are indeed some who understand studied will as put for deliberate. But then that definition, which the Code, because it was classical, used, would define the purpose of simony rather than simony itself: as if you should describe theft as a deliberate will of taking another's thing. Nor does a reason appear why a condition common to every grave sin should be commemorated here. Nor would the delict of simony be touched, since it cannot be consummated by an internal sin. Cf. Ball.-Palm., Op. theol. II, 445.
The word studied itself, which of itself signifies application of the mind, seems to have been taken from cap. 11, C. I, q. 1, which thus begins: "He who studies to buy the house of God for a price." Suarez, Rel., tr. III, L. 4, c. 1, n. 9, reports the various explanations proposed for this word.
b) Will is said rather than agreement. For although simony is formally consummated in an agreement, an express or formal agreement is not required even for the delict itself. But for the sin, the interior will already suffices. Therefore the words studied will seem to supply the word agreement, so that no necessity of an express convention can be alleged.
Of buying or selling; by these words is understood any onerous agreement, whether of exchange or of renunciation, even if not led through to effect, even tacit, "in which namely the simoniacal mind is not expressly manifested but is gathered from the circumstances" (c. 728). Therefore, as often as there is an intention of obligating from a pact that is not gratuitous, there is present the studied will which suffices for simony. Hence, before the Code, they distinguished simony as purely mental, without exterior pact; conventional, through a pact; real, which is completed by execution of the pact, at least partial. That was called mixed which was completed by execution on one part only.
Therefore, without a reciprocal agreement simony is not had. Wherefore he is not simoniacal who, merely under hope of gratitude, confers a temporal gift on him who, from gratitude, can confer a spiritual thing.
c) For a temporal price. The proper place of price is exchange, in which two things or performances are compared with one another, and the one is paid or performed as equivalent to the other. And most strictly there is a price if money is to be given, since price is said to be the value of a thing expressed in money.
In broader use, any gain perceived because of any performance of a thing or action can be called a price, even if, comparison being removed, it is not given as an equivalent.
A temporal price is that which comes into estimation in the order of human things: it can be money or a similar thing; praise, blame, recommendation, patronage; service or attendance. Hence it is called by the generic name of gift, and is distinguished as gift from the hand (money), gift from the tongue (recommendation, etc.), gift from service (attendance).
In order that one sin by simony, is it necessary that a price properly so called be exacted, or does even a price understood in broader use suffice? This will be gathered below from the weighed malice of simony.
d) A spiritual thing. Now the other element of simony, i.e., the thing which is forbidden to be sold, must be declared. Such in the first place is a spiritual thing.
A spiritual thing is understood as a supernatural thing ordered to salvation: whether it is formally such, as grace and the gifts of the Holy Spirit; or causally, as are the sacraments, preaching, sacramentals, prayers; or is the effect and use of supernatural power, as consecration, absolution, dispensation, blessing, excommunication, election, presentation, confirmation (of nomination or election to an ecclesiastical office), conferral of a benefice, some act of ecclesiastical jurisdiction.
What about the communication of sacred knowledge? This is not reckoned spiritual. Wherefore a true price can be accepted for teaching theology, for handing on Christian doctrine to boys in school, just as profane discipline is handed on there. Yet one must speak otherwise concerning instruction which is directed to the sole spiritual utility of others, as catechetical instruction for preparing first communion. In the same manner a distinction must be made between counsels which are directed merely to the spiritual good of another, and counsels which give temporal instruction (cf. Ball.-Palm. II, n. 466).
N. B. The object of simony is had more strictly where a spiritual thing is conferred ex opere operato, as would have been the sacred power which Simon Magus desired to buy, than when a spiritual effect is conferred only ex opere operantis, or through the occasion of this, for instance through prayers, through preaching.
e) Or a temporal thing annexed to a spiritual thing. Therefore there are also things temporal in themselves which, because of connection with a spiritual thing, it is not lawful to sell. Yet not every connection brings this prohibition.
Before the Code, they distinguished temporal things annexed to spiritual things antecedently or by way of antecedent, i.e., which by nature were prior to spiritual things: vessels, sacred vestments with respect to the sacraments, the right of patronage with respect to a benefice; temporal things annexed concomitantly, or those which existed at the same time with spiritual things: labor in the administration of sacraments; temporal things annexed consequently, or those which follow a spiritual thing: revenues of a benefice, which are given because of the spiritual office.
Temporal things annexed consequently were said to be excluded from every sale; while, for the value of the matter, buying and selling of a temporal thing antecedently annexed was declared lawful (cf. c. 730), if nevertheless you except the right of patronage, whose sale is positively prohibited (c. 1470, §1, 6°).
Concerning a temporal thing concomitant with a spiritual thing, for example concerning labor joined with a spiritual administration, a distinction must be made between labor extrinsic, which is added to the performance and is not always necessary, for instance Mass to be said late or to be sung, or in a distant place, or at the nod of some person: labor of this kind certainly can strictly be sold or hired by him who already does not owe it from justice, by reason of his office; and labor intrinsic, which cannot be separated from the performance: for example the work, the time to be spent in celebrating Mass, etc. There was no small controversy concerning this labor, which seems to be resolved by this distinction: taken terminatively, that labor can be sold for no price, since it is terminated at the spiritual thing; considered in itself, why the very work expended cannot be hired and let just as the gold of a consecrated chalice can be sold does not at once appear.
Yet they rightly reply that in the case there is no question of hiring and letting work, since no labor but a spiritual fruit is sought, so that the labor is not estimable by price except from the work for whose sake it is undertaken. Wherefore if the work is forbidden to be venal, neither is the labor intrinsically necessary to the work permitted to be venal. Yet nothing would prohibit the sacred minister, if because of that labor he could not do another fruitful thing, from demanding compensation for cessant gain. Cf. Laymann, L. 1, tr. 10, c. 8, n. 11, 12; Arendt, S.J., De laesione iustitiae commutativae, in missae manuali stipendio alteri celebranti diminuto, Parergon, p. 44, 45.
Positively, however, it is forbidden that you exact a greater stipend for saying Mass at a privileged altar (can. 918). Yet a priest does not exact more who, when he has received various stipends, reserves applications at a privileged altar for the richer ones and admonishes those seeking concerning the matter, provided he acts sincerely. But that manner of acting will easily be tainted by a certain appearance of cupidity.
In place of previously received modes of speaking, which were not so clear, the Code substituted clearer and fuller ones, distinguishing a twofold connection: one of individual or necessary nexus, for example such as an ecclesiastical benefice has, or the right of receiving ecclesiastical revenues, which necessarily calls for an ecclesiastical office: "a benefice because of an office"; the other, of participation in the contract, as if, in selling a consecrated chalice, you increase the price because of the consecration: this then becomes a partial object of the contract.
By the words of the canon, "a temporal thing annexed to a spiritual thing in such a way that the temporal thing can in no way exist without the spiritual thing," labor which cannot be separated from a spiritual action or administration seems to be included as an object of simony, which, moreover, already before the Code, the more common opinion held. Yet because of the general mind of the legislator, who is not presumed, unless he clearly states it, to define questions of this sort authentically, we think controversy can still be raised concerning this matter.
Simony of ecclesiastical law is "to give... temporal things annexed to a spiritual thing for temporal things annexed to a spiritual thing, or spiritual things for spiritual things, or even temporal things for temporal things, if this is prohibited by the Church because of danger of irreverence toward spiritual things" (c. 727, §2). Yet simony of divine law alone is strictly called simony. Cf. Laymann, Th. mor. L. IV, tr. 10, c. 8, n. 3.
Simony at least of ecclesiastical law is committed: 1. by exchange of benefices done by one's own authority or against other prescriptions (cc. 1487, 1488, §1); by private resignation of a benefice in favor of a third party or under a condition which touches the distribution of revenues (c. 1486).
By various payments or compensations which are imposed upon a cleric in the act of making provision of a benefice (c. 1441).
By sale of an office which is ordered to sacred things only extrinsically, as the office of Sacristan, of Oeconomus. For although, from c. 145, ecclesiastical office is to be taken strictly unless something else appears from the context of the discourse, nevertheless we think that the disposition of the prior law remains, which commanded the gratuitous conferral of such an office.
By demanding remuneration for labor expended in collecting and distributing Masses, unless the Apostolic See has conceded it. For manual stipends must be transmitted whole, from c. 840. (Cf. Ferreres, I, 375; but, contrary to what he judges, we do not think that he is simoniacal who for received stipends gives wages to celebrants, against the prescription of c. 827.)
By demanding, without the Bishop's permission, remuneration for the expenses of the celebration of Mass (c. 1303). (But he who demands a greater stipend than the conceded one seems to be unjust rather than simoniacal. Against Ferreres, I, 376.) Today, however, no simony seems to be committed by those who, for the value of the matter, sell sacred things, blessed things, things enriched with indulgences (cf. c. 1539, §1), although the indulgences in reality perish (cf. c. 924, §2).