Simony in offices and benefices (Can. 2392)

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Slater, Manual of Moral Theology

Thomas Slater, S.J. — 2 passages

Vol. II, Bk. X, Pt. III, Ch. I, C.—Excommunications Simply Reserved to the Holy See

n. 27.

All who have taken a solemn vow of chastity and who presume to attempt marriage, as well as all who knowingly contract marriage with any of them, incur this censure. Canon 2392 IX. Delictum perpetrantes simoniae in quibuslibet officiis, beneficiis aut dignitatibus ecclesiasticis incurrunt in excommunicationem latae sententiae Sedi Apostolicae simpliciter reservatam.

n. 28.

Delictum simoniae—Not merely internal but external simony. Canon 728 provides that '"' when there is question of simony buying and selling, exchange, etc., are to be taken in a wide sense for any convention or agreement although not put into effect, even tacit, in which a simoniacal intention is not manifested expressly but may be gathered from the circumstances." Simony, then, whether of divine or ecclesiastical law, which is committed externally in election, presentation, or collation of ecclesiastical offices, benefices, or dignities, is punished by this censure and by other penalties here and in Canon 729. Canon 2405 X. Vicarius Capitularis aliive omnes tam de Capitulo quam extranei, qui documentum quodlibet ad Curiam episcopalem pertinens sive per se sive per alium subtraxerint vel destruxerint vel celaverint vel substantialiter immutaverint, incurrunt ipso facto in excommunicationem Sedi Apostolicae simpliciter reservatam. (The Vicar Capitular, or any others whether of the Chapter or outsiders, who by themselves or through another remove, destroy, conceal or substantially alter any document whatsoever belonging to the episcopal Curia, incur ipso facto an excommunication simply reserved to the Apostolic See.)