Article III. On Simony

I. Notion. Simony is named from Simon Magus, who attempted to buy spiritual gifts with money.¹ But simony is an exchange either forbidden of itself, that is, because of the equating of a spiritual thing with a temporal thing, or prohibited by the Church because of the danger of irreverence toward spiritual things. These points will become clearer from what is to be said.

¹ Acts 8:18.

II. Division. Simony is distinguished into simony of divine law and simony of ecclesiastical law.

1. Simony of divine law, as we have already indicated, is an exchange with a temporal price either of a thing intrinsically spiritual and not annexed to a temporal thing; or of a thing intrinsically spiritual and annexed to a temporal thing; or of a temporal thing so annexed to a spiritual thing that the temporal thing can in no way exist without the spiritual thing (cf. can. 727, § 1). It is said:

a) Exchange; by this word is understood every onerous contract, whether express or tacit, that is, so placed that the other understands that a temporal thing is given under the obligation of receiving a spiritual thing (can. 728; St. Alphonsus, III, 49). If the intention of obliging another is indeed present but wholly hidden, there is a simoniacal mind, which is also called mental simony (St. Alphonsus, III, 49). "Any natural obligation whatever, such as of gratitude or reciprocal return, does not suffice" (St. Alphonsus, loc. cit.), because it does not follow the will of the giver but the action itself. It must be said otherwise if gratitude itself is brought into the pact (St. Alphonsus, III, 53). Moreover, a voluntary and deliberate or free exchange is required; hence canon 727, § 1 speaks of the deliberate will of buying or selling, etc.

b) With a temporal price; which can be constituted by: 1. a gift from the hand, as money and every thing comparable with money; 2. a gift from the tongue, namely praise, recommendation, intercession; 3. a gift from service, namely servitude and other temporal services (St. Alphonsus, III, 49).

c) Either of a thing intrinsically spiritual and not annexed to a temporal thing, as the sacraments, ecclesiastical jurisdiction (St. Alphonsus, loc. cit.).

d) Or of a thing intrinsically spiritual and annexed to a temporal thing, as the consecration of a chalice, indulgences annexed to rosaries or other things (St. Alphonsus, loc. cit.).

e) Or of a temporal thing so annexed to a spiritual thing that the temporal thing can in no way exist without the spiritual thing.

A temporal thing can be annexed to a spiritual thing: 1. consequently, "as depending on spiritual things" (St. Thomas, II-II, q. 100, a. 4), "as the revenues of benefices, which are given on account of a spiritual office" (St. Alphonsus, III, 49); 2. concomitantly and intrinsically, as the labor necessarily expended for Mass; 3. concomitantly but extrinsically, as the celebration of Mass in chant, in a distant place; 4. antecedently, as a vessel to which consecration is added. Now a temporal thing is so annexed to a spiritual thing that it can in no way exist without the spiritual thing when it is annexed to it consequently or concomitantly and intrinsically. It is otherwise when it is annexed to it concomitantly but extrinsically, or antecedently, as is sufficiently clear from the examples brought forward (St. Alphonsus, loc. cit.).

2. Simony of ecclesiastical law consists in an exchange which is not repugnant to divine law, but which is prohibited by the Church because of the danger of irreverence toward spiritual things, and therefore from the same motive as simony of divine law, that is, from a motive of religion. To this belong forbidden exchanges: 1. of a spiritual thing with a spiritual thing; 2. of a temporal thing with a temporal thing; 3. of a temporal thing annexed to a spiritual thing with a temporal thing annexed to a spiritual thing; 4. of a temporal thing with a temporal thing annexed to a spiritual thing in such a way that the temporal thing can exist without the spiritual thing (cf. can. 727, § 2; St. Alphonsus, loc. cit.).

III. Morality. The malice, and indeed special malice, of simony consists in the injury which it inflicts upon the dignity of that sacred thing by which it excels every temporal thing, even the most precious (St. Thomas, II-II, q. 100, a. 1; St. Alphonsus, III, 49). Moreover:

1. Simony of divine law is a grave sin from its whole genus, because the exchange of a spiritual thing, since it is far more excellent than every temporal thing, with a temporal price necessarily inflicts grave injury upon the spiritual thing. Hence St. Peter says to Simon Magus: "May your money be with you unto perdition, because you have thought that the gift of God could be possessed with money"¹ (St. Alphonsus, loc. cit.).

2. Simony of ecclesiastical law is a grave sin from its genus, that is, grave or light according as the Church prohibits, under grave or under light obligation, an act not simoniacal by its nature (St. Alphonsus, III, n. 50).

¹ Acts 8:20.

Corollary I. The following is free from simony:

1. On the occasion of sacred functions, to receive something by way of stipend or under the title of support. The reason is that the wage so received is not a price properly so called, since it is not measured by the value of the function performed but by necessary support.¹ Hence Christ says: "The laborer is worthy of his hire."² And the Apostle: "Do you not know that those who work in the sanctuary eat the things that are of the sanctuary, and that those who serve the altar share with the altar? So also the Lord ordained that those who announce the Gospel should live from the Gospel"³ (can. 730; St. Thomas, II-II, q. 100, aa. 2 and 3; St. Alphonsus, III, 55).

From what has been said it follows: 1. that a stipend can also be received by one who has otherwise that from which he may live. For from that fact the stipend does not put on the account of price. Therefore the Apostle says: "Who ever serves as a soldier at his own charges? Who plants a vineyard and does not eat of its fruit? Who feeds a flock and does not drink of the milk of the flock?"⁴ (can. 1473; St. Alphonsus, loc. cit.). 2. That it is lawful to demand a stipend or to bargain about it, because one who acts thus does not bargain about a price. 3. Nor is he guilty of simony who performs sacred functions principally with a view to the stipend, because he does not act with a view to a wage as price; nevertheless he sins venially, because he inverts the order by ordering spiritual things to temporal things (St. Alphonsus, III, 55). Similarly, the usage of the Roman Curia of demanding a sum of money on the occasion of granting a favor is free from simony. The reason is that the money is not demanded under the title of price, but, for example, under the title of sustaining the burdens of the Pontificate, compensation for the expenses of expedition, compensation in the commutation of vows, penalty in dispensation from culpable irregularity or from an impediment because of crime, etc. (St. Alphonsus, III, 96).

2. To hand over instruction in a sacred matter for a temporal price, if the instruction does not tend solely to a spiritual good, but also to a temporal good of the instructed person, for example to cultivation of mind or honor. Such are instruction in catechesis or theology, and doctrinal counsel. It is otherwise if it is ordered solely to a spiritual good, as spiritual counsel (St. Alphonsus, III, 94; cf. St. Thomas, II-II, q. 100, a. 3, ad 3).

3. To give a temporal thing for a temporal thing which is antecedently annexed to a spiritual thing, for example for a consecrated chalice, provided the price is not increased because of the annexed spiritual thing (can. 730).

4. To give or promise a temporal thing under the hope, even manifested, of receiving a spiritual thing, or with the end, even manifested, that you may receive a spiritual thing; and conversely. The reason is that there is no true agreement.

Hence it is lawful, for example, to give money to a poor man so that he may pray for you. But if an explicit or implicit pact intervenes, there is simony. An implicit pact intervenes when the giver has the intention of obliging the recipient, and that intention is manifested by a circumstance; as if some poor man gives something temporal of sufficiently great importance under the hope of receiving a spiritual thing: this circumstance is suited to insinuate in the mind of the one receiving a strict obligation, if the receiver can return nothing except a spiritual thing. If there is a hidden intention of obliging the recipient, at least a simoniacal mind is present (St. Alphonsus, III, 49, 51, 53; cf. St. Thomas, II-II, q. 100, a. 3, ad 2). The same holds if a temporal thing is given or promised to another so that he may perform a spiritual thing for his own advantage, for example a gift to a young man if he frequents the sacraments (St. Alphonsus, III, 59; cf. St. Thomas, II-II, q. 100, a. 3, ad 4). Others judge that in the case there is not simony even when the giver intends to impose a strict obligation on the other. The reason alleged is that the recipient is not obliged to hand over anything to the giver, but only to take counsel for himself; and this does not seem simoniacal to them.

5. To sell the right of burial in a more honorable place; for a temporal thing is sold (St. Alphonsus, III, 71).

¹ Namely, to him who labors for the advantage of another, from the natural law itself there is owed the wage by which he may be sustained, and this even if he does not need the wage.

² Luke 10:7.

³ 1 Cor. 9:13-14.

⁴ 1 Cor. 9:7.

Corollary II. Simony of divine law is:

1. To increase the price of things because of their consecration, blessing, or because of the indulgences annexed to them (can. 730, 1539, § 1).

2. To obtain for oneself the conferral of a benefice by a temporal price.

It is disputed whether the same can be said of one who by a temporal price obtains for himself presentation or intercession before a superior. Moreover, it seems it must be affirmed, because one who buys the aforesaid things by money prepares for himself a way to obtain a spiritual thing, and therefore, morally speaking, by a temporal price obtains for himself or attempts to obtain the benefice itself.¹ It is nevertheless lawful to free oneself by a temporal thing from unjust vexation, for example by money given to bring it about that someone desist from calumnies by which he accuses him before the Bishop. For liberation from vexation is something temporal (St. Alphonsus, III, 99, 100; cf. St. Thomas, II-II, q. 100, a. 2, ad 5). Similarly, when another priest is lacking and a grave cause is present, it seems lawful to give money to a priest who otherwise is unwilling to administer a sacrament, provided nevertheless no strict pact is entered into; because a donation can be intended and the sin of the priest permitted (St. Alphonsus, III, 103, q. 5°).

3. To receive or demand temporal compensation for the conferral of a benefice. According to what was said under 2, the same seems to be said of one who receives or demands temporal compensation for procuring a benefice.

¹ A presentation of this kind, if it is not simony of divine law, must at least be called simony of ecclesiastical law (cf. can. 1465, § 2).

Corollary III. Simony at least of ecclesiastical law is:

1. To impose deductions from fruits, compensations, and payments to be made by a cleric in the act of provision of a benefice, which fall to the collator, patron, or others (can. 1441).¹

2. To admit the resignation of a benefice for the advantage of others or under some condition which touches the very provision of the benefice or the distribution of revenues (cf. can. 1486).

3. To compensate unequal benefices to be exchanged by the reservation of fruits or the payment of money or of any thing estimable by price (cf. can. 1488, § 1).

4. To exchange a benefice contrary to the prescription of canon 1487 or 1488, § 2.

5. In place of stipends collected or received, to hand over goods with profit to him to whom the Masses to be said are entrusted (cf. can. 827).

6. To transmit stipends collected or received while retaining a part of the stipend for the labor expended (cf. can. 840). It is lawful to retain only that which is necessary for the expenses of administration and transmission.

¹ The Pontifical Commission responded that recourse must be had in individual cases, if the Bishop wishes, in the conferral of non-reserved parishes, to impose for one time only a moderate tax in favor of the seminary, even if the parish in question is liable to the tax to be paid to this Institute (October 16, 1919, Acta Apostolicae Sedis, 1919, p. 476, ad I b).

Corollary IV. It is doubtful, or at least disputed, whether it is simony:

1. On the occasion of a spiritual thing performed, to ask either for a prohibited temporal stipend or emolument, or for a temporal stipend or emolument above the established tax (cf. can. 463, 552, § 2; 695; 723, 5°; 736; 879, 2; 1056; 1181; 1235; 1303; 1507). Now simony seems to be lacking, both of divine law and of ecclesiastical law.

a) Simony of divine law seems to be lacking. Several maintain the contrary, because when a just title, either of the stipend or of the excess of the stipend, is lacking, what remains is that these are demanded as the price of the spiritual thing performed. But it seems it must be said that in the former case a prohibited stipend is demanded, and in the latter case a stipend greater than is just, rather than the price of a spiritual thing. In a word: there is not necessarily a comparison of a spiritual thing with a temporal thing.

b) Simony of ecclesiastical law seems to be lacking, because neither a spiritual thing with a spiritual thing, nor a temporal thing with a temporal thing, nor a temporal thing annexed to a spiritual thing with a temporal thing annexed to a spiritual thing, is exchanged. Nevertheless the cleric would sin and would be held to restitution (cf. can. 463, § 2).

2. On the occasion of a spiritual thing performed, to demand compensation greater than is just for extrinsic labor. Moreover, simony seems to be lacking. Several defend the contrary, because when a just title of the excess compensation is lacking, the said excess is demanded as the price of the sacred ministry. But rather a price greater than is just of a temporal thing is demanded, than the price of a spiritual thing.

3. To sell rosaries or other things enriched with indulgences; likewise to expose for public sale blessed or consecrated sacred furnishings. Some hold the aforesaid things as simony of ecclesiastical law, even if the price is not increased because of the annexed spiritual thing. They judge thus because they hold these things as prohibited. But the prohibition is not proved, although the indulgences cease when rosaries or other things are sold (can. 924, § 2), and sacred furnishings exposed for public sale lose their blessing or consecration (can. 1305, § 1, 2°).

4. Finally, it is disputed to what extent simony can be committed on the occasion of entrance into religion. Now it is lawful to give or accept something: 1. under the title of a spontaneous alms; 2. under the title of dowry in monasteries of nuns, even wealthy ones; likewise in religions of sisters of simple vows, according to the norm of the constitutions (can. 547); 3. under the title of support for the time of postulancy and novitiate, provided this is provided for by the constitutions or by express agreement (can. 570, § 1). The same is lawful for the remaining time if the monastery is needy; for on the one hand authors formerly commonly held that as lawful (St. Thomas, II-II, q. 100, a. 3, ad 4; St. Alphonsus, III, 91), and on the other hand it is scarcely admitted that the new law, if it excludes the remaining time, must be so pressed that it must also be extended to the stated hypothesis. But if the monastery is wealthy, it is disputed both whether or not it is simony to give or accept something under the title of support, and whether it is simony of divine law or of ecclesiastical law. Now it does not seem to be simony of divine law, but certainly seems to be simony of ecclesiastical law. I said:

a) It does not seem to be simony of divine law, because neither a spiritual thing is bought, nor is a temporal thing so annexed to a spiritual thing that it can in no way exist without the spiritual thing. A spiritual thing is not bought, as is clear; for support is bought, which is a temporal thing. A temporal thing so annexed to a spiritual thing that it can in no way exist without the spiritual thing is not bought; for the right to support can manifestly exist without profession, that is, without the spiritual thing. Note also that it is doubtful whether religious profession carries with it a strict right to support.

b) It seems to be simony of ecclesiastical law; for the Code, both by expressly speaking of the time of postulancy and novitiate, and by adding that even for that time nothing can be exacted unless the constitutions or an express agreement provide for it, seems to exclude, or to hold as excluded, the time that will follow profession. But if it is excluded, it is certainly excluded because of the danger of irreverence toward a spiritual thing, namely profession, and therefore, in view of canon 727, § 2, there is simony of ecclesiastical law.

IV. Effects of simony. 1. A simoniacal contract and, if simony is committed concerning benefices, offices, and dignities, the subsequent provision lack all force, even if the simony was committed by a third person, even without the knowledge of the one provided, provided this was not done in fraud of that provided person or while he contradicted it. Therefore:

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

b) 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, in whole or in part.

2. A resignation of an ecclesiastical office made simoniacally is invalid by the law itself (can. 185).

3. Benefices which have been invalidly conferred because of the vice of simony are reserved to the Apostolic See, even while vacant (can. 1435, § 1, 3°).

4. A benefice conferred simoniacally is not obtained through the prescription by which other invalidly received benefices are obtained (can. 1446).

5. A presentation infected by the stain of simony is by the law itself invalid, and also renders invalid any institution perhaps following it (can. 1465, § 2).

6. The right of patronage is extinguished if the patron has attempted to transfer the right of patronage simoniacally to another (can. 1470, § 1, 6°).

7. A criminal action against simony can be brought for ten years (can. 1703, 3°).

¹ The election of the Supreme Pontiff, even if performed simoniacally, is valid, namely so that pretexts for impugning the validity may be forestalled (Constitution of Pius X, Vacante sede apostolica, n. 79).

V. Established penalties. 1. Those perpetrating the delict of simony in any ecclesiastical offices, benefices, or dignities:

a) Incur an excommunication latae sententiae simply reserved to the Apostolic See.

b) By the fact itself remain deprived forever of the right of electing, presenting, and nominating, if they have any such right.

c) If they are clerics, they are besides to be suspended (can. 2392).

2. All, even those endowed with episcopal dignity, who through simony have knowingly promoted or been promoted to orders, or have administered or received other sacraments, are suspected of heresy; clerics besides incur suspension reserved to the Apostolic See (can. 2371).

¹ Cf. Wernz, Ius Decretalium, VI, tit. 15; Vermeersch-Creusen, Epitome Iuris Canonici, II, nn. 4-13.