Simony

Simony (derived from Simon Magus), in English law, means, according to Blackstone, the offence of obtaining orders or a license to preach by money or corrupt practice. But the term is now commonly used to denote the offence of presenting or procuring presentation to a benefice for money. In the canon law this was considered a heinous crime and a kind of heresy. As the canonical punishment, however, was not deemed sufficient, a statute was passed in the time of Elizabeth defining its punishment. A simoniacal presentation was declared to be utterly void, and the person giving or taking the gift or reward forfeited double the value of one year's profit; and the person accepting the benefice was disabled from ever holding the same benefice. Presentation bonds, however, taken by a patron from a presentee to resign the benefice at a future period in favour of some one to be named by the patron, are not illegal, provided the nominee is either by blood or marriage an uncle, son, grandson, brother, nephew, or grandnephew of the patron, and provided the bond is registered for public inspection in the diocese. The result of the statutes is that it is not simony for a layman or spiritual person, not purchasing for himself, to purchase, while the charge is filled, either an advowson or next presentation, however immediate may be the prospect of a vacancy, unless that vacancy is to be occasioned by some agreement or arrangement between the parties. Nor is it simony for a spiritual person to purchase for himself an advowson, although under similar circumstances. It is, however, simony for any person to purchase the next presentation while the church is vacant; and it is simony for a spiritual person to purchase for himself the next presentation, although the charge be occupied. See ADVOWSON, and Cripps's Laws of the Church and Clergy.