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 is guilty of simony, through having conferred Orders
simoniacally, or through having simoniacally granted or received a
benefice, or through having been a go-between in a simoniacal
transaction, if he has done so publicly, is suspended by virtue of
the law, as regards both himself and others; but if he has acted in
secret he is suspended by virtue of the law, as regards himself
alone, and not as regards others.
Reply Obj. 2: One ought not to receive Orders from a bishop one knows
to have been promoted simoniacally, either on account of his command
or for fear of his excommunication: and such as receive Orders from
him do not receive the exercise of their Orders, even though they are
ignorant of his being guilty of simony; and they need to receive a
dispensation. Some, however, maintain that one ought to receive
Orders in obedience to his command unless one can prove him to be
guilty of simony, but that one ought not to exercise the Order
without a dispensation. But this is an unreasonable statement,
because no one should obey a man to the extent of communicating with
him in an unlawful action. Now he that is, by virtue of the law,
suspended as regards both himself and others, confers Orders
unlawfully: wherefore no one should communicate with him, by
receiving Orders from him for any cause whatever. If, however, one be
not certain on the point, one ought not to give credence to another's
sin, and so one ought with a good conscience to receive Orders from
him. And if the bishop has been guilty of simony otherwise than by a
simoniacal promotion, and the fact be a secret, one can receive
Orders from him because he is not suspended as regards others, but
only as regards himself, as stated above (ad 1).
Reply Obj. 3: To be deprived of what one has received is not only the
punishment of a sin, but is also sometimes the effect of acquiring
unjustly, as when one buys a thing of a person who cannot sell it.
Wherefore if a man, knowingly and spontaneously, receives Orders or
an ecclesiastical benefice simoniacally, not only is he deprived of
what he has received, by forfeiting the exercise of his order, and
resigning the benefice and the fruits acquired therefrom, but also in
addition to this he is punished by being marked with infamy.
Moreover, he is bound to restore not only the fruit actually
acquired, but also such as could have been acquired by a careful
possessor (which, however, is to be understood of the net fruits,
allowance being made for expenses incurred on account of the fruits),
excepting those fruits that have been expended for the good of the
Church.
On the other hand, if a man's promotion be procured simoniacally by
others, without his knowledge and consent, he forfeits the exercise
of his Order, and is bound to resign the benefice obtained together
with fruits still extant; but he is not bound to restore the fruits
which he has consumed, since he possessed them in good faith.
Exception must be made in the case when his promotion has been
deceitfully procured by an enemy of his; or when he expressly opposes
the transaction, for then he is not bound to resign, unless
subsequently he agree to the transaction, by paying what was promised.
Reply Obj. 4: Money, property, or fruits simoniacally received, must
be restored to the Church that has incurred loss by their transfer,
notwithstanding the fact that the prelate or a member of the chapter
of that church was at fault, since others ought not to be the losers
by his sin: in suchwise, however, that, as far as possible, the
guilty parties be not the gainers. But if the prelate and the entire
chapter be at fault, restitution must be made, with the consent of
superior authority, either to the poor or to some other church.
Reply Obj. 5: If there are any persons who have been simoniacally
admitted into a monastery, they must quit: and if the simony was
committed with their knowledge since the holding of the General
Council [*Fourth Lateran Council, A.D. 1215, held by Innocent III],
they must be expelled from their monastery without hope of return,
and do perpetual penance under a stricter rule, or in some house of
the same order, if a stricter one be not found. If, however, this
took place before the Council, they must be placed in other houses of
the same order. If this cannot be done, they must be received into
monasteries of the same order, by way of compensation, lest they
wander about the world, but they must not be admitted to their former
rank, and must be assigned a lower place.
On the other hand, if they were received simoniacally, without their
knowledge, whether before or after the Council, then after quitting
they may be received again, their rank being changed as stated.
Reply Obj. 6: In God's sight the mere will makes a man guilty of
simony; but as regards the external ecclesiastical punishment he is
not punished as a simoniac, by being obliged to resign, but is bound
to repent of his evil intention.
Reply Obj. 7: The Pope alone can grant a dispensation to one who has
knowingly received a benefice (simoniacally). In other cases the
bishop also can dispense, provided the beneficiary first of all
renounce what he has received simoniacally, so that he will receive
either the lesser dispensation allowing him to communicate with the
laity, or a greater dispensation, allowing him after doing penance to
retain his order in some other Church; or again a greater
dispensation, allowing him to remain in the same Church, but in minor
orders; or a full dispensation allowing him to exercise even the
major orders in the same Church, but not to accept a prelacy.
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