Summa Theologica by Saint Thomas Aquinas (whitelam books .TXT) 📕

is lawful to sell temporal things, but their relation to spiritual things cannot be the matter of a lawful sale.

Reply Obj. 2: Sacred vessels also are annexed to spiritual things as to their end, wherefore their consecration cannot be sold. Yet their material can be sold for the needs of the Church or of the poor provided they first be broken, after prayer has been said over them, since when once broken, they are considered to be no longer sacred vessels but mere metal: so that if like vessels were to be made out of the same material they would have to be consecrated again.

Reply Obj. 3: We have no authority for supposing that the double cave which Abraham bought for a burial place was consecrated for that purpose: wherefore Abraham could lawfully buy that site to be used for burial, in order to turn it into a sepulchre: even so it would be lawful now to buy an ordinary field as a site for a cemetery or even a church. Nevertheless because even among the Gentiles burial places are looked upon as religious, if Ephron intended to accept the price as payment for a burial place, he sinned in selling, though Abraham did not sin in buying, because he intended merely to buy an ordinary plot of ground. Even now, it is lawful in a case of necessity to sell or buy land on which there has previously been a church, as we have also said with regard to sacred vessels (Reply Obj. 2). Or again, Abraham is to be excused because he thus freed himself of a grievance. For although Ephron offered him the burial place for nothing, Abraham deemed that he could not accept it gratis without prejudice to himself.

The right of the first-born was due to Jacob by reason of God's choice, according to Malach. 1:2, 3, "I have loved Jacob, but have hated Esau." Wherefore Esau sinned by selling his birthright, yet Jacob sinned not in buying, because he is understood to have freed himself of his grievance.

The right of patronage cannot be the matter of a direct sale, nor can it be granted "in fee," but is transferred with the property sold or granted.

The spiritual right of receiving tithes is not granted to layfolk, but merely the temporal commodities which are granted in the name of tithe, as stated above (Q. 87, A. 3).

With regard to the granting of benefices it must, however, be observed, that it is not unlawful for a bishop, before presenting a person to a benefice, to decide, for some reason, to retain part of the revenues of the benefice in question, and to spend it on some pious object. But, on the other hand, if he were to require part of the revenues of that benefice to be given to him by the beneficiary, it would be the same as though he demanded payment from him, and he would not escape the guilt of simony. _______________________

FIFTH ARTICLE [II-II, Q. 100, Art. 5]

Whether It Is Lawful to Grant Spiritual Things in Return for an
Equivalent of Service, or for an Oral Remuneration?

Objection 1: It would seem that it is lawful to grant spiritual things in return for an equivalent of service, or an oral remuneration. Gregory says (Regist. iii, ep. 18): "It is right that those who serve the interests of the Church should be rewarded." Now an equivalent of service denotes serving the interests of the Church. Therefore it seems lawful to confer ecclesiastical benefices for services received.

Obj. 2: Further, to confer an ecclesiastical benefice for service received seems to indicate a carnal intention, no less than to do so on account of kinship. Yet the latter seemingly is not simoniacal since it implies no buying or selling. Therefore neither is the former simoniacal.

Obj. 3: Further, that which is done only at another's request would seem to be done gratis: so that apparently it does not involve simony, which consists in buying or selling. Now oral remuneration denotes the conferring of an ecclesiastical benefice at some person's request. Therefore this is not simoniacal.

Obj. 4: Further, hypocrites perform spiritual deeds in order that they may receive human praise, which seems to imply oral remuneration: and yet hypocrites are not said to be guilty of simony. Therefore oral remuneration does not entail simony.

On the contrary, Pope Urban [*Urban II, Ep. xvii ad Lucium] says: "Whoever grants or acquires ecclesiastical things, not for the purpose for which they were instituted but for his own profit, in consideration of an oral remuneration or of an equivalent in service rendered or money received, is guilty of simony."

I answer that, As stated above (A. 2), the term "money" denotes "anything that can have a pecuniary value." Now it is evident that a man's service is directed to some kind of usefulness, which has a pecuniary value, wherefore servants are hired for a money wage. Therefore to grant a spiritual thing for a service rendered or to be rendered is the same as to grant it for the money, received or promised, at which that service could be valued. Likewise, to grant a person's request for the bestowal of a temporary favor is directed to some kind of usefulness which has a pecuniary value. Wherefore just as a man contracts the guilt of simony by accepting money or any external thing which comes under the head of "real remuneration," so too does he contract it, by receiving "oral remuneration" or an "equivalent in service rendered."

Reply Obj. 1: If a cleric renders a prelate a lawful service, directed to spiritual things (e.g. to the good of the Church, or benefit of her ministers), he becomes worthy of an ecclesiastical benefice by reason of the devotion that led him to render the service, as he would by reason of any other good deed. Hence this is not a case of remuneration for service rendered, such as Gregory has in mind. But if the service be unlawful, or directed to carnal things (e.g. a service rendered to the prelate for the profit of his kindred, or the increase of his patrimony, or the like), it will be a case of remuneration for service rendered, and this will be simony.

Reply Obj. 2: The bestowal of a spiritual thing gratis on a person by reason of kinship or of any carnal affection is unlawful and carnal, but not simoniacal: since nothing is received in return, wherefore it does not imply a contract of buying and selling, on which simony is based. But to present a person to an ecclesiastical benefice with the understanding or intention that he provide for one's kindred from the revenue is manifest simony.

Reply Obj. 3: Oral remuneration denotes either praise that pertains to human favor, which has its price, or a request whereby man's favor is obtained or the contrary avoided. Hence if one intend this chiefly one commits simony. Now to grant a request made for an unworthy person implies, seemingly, that this is one's chief intention wherefore the deed itself is simoniacal. But if the request be made for a worthy person, the deed itself is not simoniacal, because it is based on a worthy cause, on account of which a spiritual thing is granted to the person for whom the request is made. Nevertheless there may be simony in the intention, if one look, not to the worthiness of the person, but to human favor. If, however, a person asks for himself, that he may obtain the cure of souls, his very presumption renders him unworthy, and so his request is made for an unworthy person. But, if one be in need, one may lawfully seek for oneself an ecclesiastical benefice without the cure of souls.

Reply Obj. 4: A hypocrite does not give a spiritual thing for the sake of praise, he only makes a show of it, and under false pretenses stealthily purloins rather than buys human praise: so that seemingly the hypocrite is not guilty of simony. _______________________

SIXTH ARTICLE [II-II, Q. 100, Art. 6]

Whether Those Who Are Guilty of Simony Are Fittingly Punished by
Being Deprived of What They Have Acquired by Simony?

Objection 1: It would seem that those who are guilty of simony are not fittingly punished by being deprived of what they have acquired by simony. Simony is committed by acquiring spiritual things in return for a remuneration. Now certain spiritual things cannot be lost when once acquired, such as all characters that are imprinted by a consecration. Therefore it is not a fitting punishment for a person to be deprived of what he has acquired simoniacally.

Obj. 2: Further, it sometimes happens that one who has obtained the episcopate by simony commands a subject of his to receive orders from him: and apparently the subject should obey, so long as the Church tolerates him. Yet no one ought to receive from him that has not the power to give. Therefore a bishop does not lose his episcopal power, if he has acquired it by simony.

Obj. 3: Further, no one should be punished for what was done without his knowledge and consent, since punishment is due for sin which is voluntary, as was shown above (I-II, Q. 74, AA. 1, 2; Q. 77, A. 7). Now it happens sometimes that a person acquires something spiritual, which others have procured for him without his knowledge and consent. Therefore he should not be punished by being deprived of what has been bestowed on him.

Obj. 4: Further, no one should profit by his own sin. Yet, if a person who has acquired an ecclesiastical benefice by simony, were to restore what he has received, this would sometimes turn to the profit of those who had a share in his simony; for instance, when a prelate and his entire chapter have consented to the simony. Therefore that which has been acquired by simony ought not always to be restored.

Obj. 5: Further, sometimes a person obtains admission to a monastery by simony, and there takes the solemn vow of profession. But no one should be freed from the obligation of a vow on account of a fault he has committed. Therefore he should not be expelled from the monastic state which he has acquired by simony.

Obj. 6: Further, in this world external punishment is not inflicted for the internal movements of the heart, whereof God alone is the judge. Now simony is committed in the mere intention or will, wherefore it is defined in reference to the will, as stated above (A. 1, ad 2). Therefore a person should not always be deprived of what he has acquired by simony.

Obj. 7: Further, to be promoted to greater dignity is much less than to retain that which one has already received. Now sometimes those who are guilty of simony are, by dispensation, promoted to greater dignity. Therefore they should not always be deprived of what they have received.

On the contrary, It is written (I, qu. i, cap. Si quis Episcopus): "He that has been ordained shall profit nothing from his ordination or promotion that he has acquired by the bargain, but shall forfeit the dignity or cure that he has acquired with his money."

I answer that, No one can lawfully retain that which he has acquired against the owner's will. For instance, if a steward were to give some of his lord's property to a person, against his lord's will and orders, the recipient could not lawfully retain what he received. Now Our Lord, Whose stewards and ministers are the prelates of churches, ordered spiritual things to be given gratis, according to Matt. 10:8, "Freely have you received, freely give." Wherefore whosoever acquires spiritual things in return for a remuneration cannot lawfully retain them. Moreover, those who are guilty of simony, by either selling or buying spiritual things, as well as those who act as go-between, are sentenced to other punishments, namely, infamy and deposition, if they be clerics, and excommunication if they be laymen, as stated qu. i, cap. Si quis Episcopus [*Qu. iii, can. Si quis praebendas].

Reply Obj. 1: He that has received a sacred Order simoniacally, receives the character of the Order on account of the efficacy of the sacrament: but he does not receive the grace nor the exercise of the Order, because he has received the character by stealth as it were, and against the will of the Supreme Lord. Wherefore he is suspended, by virtue of the law, both as regards himself, namely, that he should not busy himself about exercising his Order, and as regards others, namely, that no one may communicate with him in the exercise of his Order, whether his sin be public or secret. Nor may he reclaim the money which he basely gave, although the other party unjustly retains it.

Again, a man who