A Censure of Simony, Chapter 9
CHAP. IX.
Of the kindes of Simonists in generall.
WEe hauehave seene what a Simonist is: Now let vsus see who, & of how many sorts they be. It was a wicked and impious decree of Pope Hildebrand, Gregory the seuenth, to draw all Kings and Princes, and Lay-persons into the ranke of Simonists, onelyonly for presenting to Bishoprickes and Benefices, although they did it most freely and honestly. But the maine drift of this grand founder of Antichristian vsurpation ouer Christian Princes, was both to inrich his Coffers, and to fortifie his Papall See, by oblieging the whole Prelacie, and Clergie to his Pontificall Chaire. But all Simonists are either buyers or sellers. The common fame indeed runnes onelyonly vponupon the buyers, as if they onelyonly were the Simonists: but if the buyer be one, the seller must needs be another, by the Law of Relatiues. Of sellers, Esau is reckoned for the first, who sold his Birth-right, and with it the Priesthood. For the birth-right had annexed vntounto it Dominion; double portion, and the Priesthood. So that with his Birth-right selling the Priesthood, the most sacred Prerogatiue,Heb. 12.16. hee is iustly called profane Esau.
Obiect. Some here may obiect, that reciprocally Iacob also in buying the Birthright, committed Simonie. But Lyra answereth well, Not so; for the Birthright belonging to Iacob by Gods owne designement and donation (Gen. 25.23.) Esau therefore hauing lost his right to it, by selling it, committed Simonie: whereas Iacob, by buying that which by the best title was his owne alreadie, intended, Non emere rem Sacram, sed redimere vexationem suam, OnelyOnly to buy his owne peace.
Obiect. If Iacob in so buying committed no Simonie, because he bought but his owne: then why may not a Minister buy, and yet commit no Simonie, sith Tithes doe as well appertaine to the Minister, as the Birthright did to Iacob, both, by Gods donation. But the case is not alike. For, although Tithes are by Gods owne intitling tied and intailed to his Ministrie: yet this or that Minister hath no title to this or that Tythe, till hee be lawfully possessed and inuested in them. And when hee is so, if hee meete with a craftie or cruell Patron, a prophane Esau, who either fraudulently vsurpe…h, or forceably detaineth any part of the Tithes, then may hee lawfully and laudably imitate Iacobs wise Example, Non emere rem Sacram, iam suam, sed redimere vexationem suam. Yet, if there were any such well minded Iacobs, Gods Ministers, that could and would redeeme Church goods to the true heire, they should draw vponupon themselues a Blessing, and not a Curse. Although I confesse the Councell of Ments saith, Decimas, quas populus dare non vult, Concil. Mogunts. …. 16. p. 2. q. 7.nisi quolibet munere ab eo redimantur, ab Episcopis prohibendum est, ne fiat. Those Tythes, which the people (or any Patron) will not pay, vnlesse they bee redeemed of them by some reward, the Bishops ought to forbid such dealing. But some say, It is not lawfull for a man to redeeme his Spirituall right, because it is Simonie. But I thinke few will bee so forward so to redeeme, as to need the Bishops prohibition. Or if they were, the mischiefe is, the Market is so raised, that a Messe of B…oth will not serue the turne, to satisfie hungrie Esau. It is a pot, not of Red broth, but of precious Red earth, which all Edoms so much hunger after. Auri sacra fames? The time was once indeed, when our great Iacob, made a noble and gracious tender to the Church, to hauehave redeemed her patrimonie at easie and honourable conditions, if shee would, which had beene a most happy purchase.
Another Simoniacall seller was Gehezi, of some taken for the first Simonist in the Old Testament. Gehezi primo in veteri Testimento Simoniam inuenit. Hereupon all such sellers were wont to bee called Gehezites, as buyers, Simonists.Glosse. But Simon hath obtained to beare the bell, and to carry the name away for both; sith the money so giuen and taken becomes Sin-money, bearing the image and superscription of Simon. Sinne stickes so ioyntly betweene these two, the Buyer and the Seller, as a *Ecclus. 27.2.naile betweene the ioynts of the stones. And as Chrys. Qui emit & vendit, sine periurio esse non potest: Hee that buyeth and selleth, cannot bee without periury. Which might well bee applied indifferently to both, the Merchant and Chap-man in Simonie, if they did both indifferently take the Oath. Therefore our Lord whipped all out of the Temple, as well the Sellers, as Buyers; which Gregory applying to Simony, saith, Columb… vendere, est de Spiritu Sancto Commodum temporale percipere: To sell Doues, is to reape a temporall benefit of the Holy Ghost. Sellers therefore are as deepe in Simonie, as buyers.
It is the common error of many Patrons, to account the Benefices, within their Presentatiue power, as their goods and chattels, as a part and parcell of their Patrimonie; whether deuolued vponupon them by inheritance, or purchased with their money; whereupon they resolue, that being their owne, they may doe with them as they list; Vendere iure potest, emerat ille priu…; Hee sells, but that hee bought. Hence it is, that so many hunt after the purchase of Patronages▪ as being, in their estimate, none of the worst markets. But herein, such men miserably misdeeme the matter: at least if all be true, which the Canonists, and School-men, yea and the ancient Fathers, hauehave deliuered touching these things.Iu… patronatus per sevendi non potest, …ec in feudum dari, sed transit cum villa, que venditur, vel conceditur, 22. q. 100.4.3. Can. 6.4.7. p. 2. glosse. For Aquinas saith, That right of Patronage cannot bee sold, nor giuen in fee, but passeth with the Village; which is sold, or set ouer. Gratian giues the reason; Because the right of Patronage is neither simply Temporall, nor Spirituall, such a Lay-man may hauehave it: (to wit, Ius patronatus) and leaue it to his heires: not Temporall, because it cannot bee sold. Saint Hierome to Damascus writing about a point, bordering vponupon our present purpose, saith, Quia Beatitudo tua quaesiuit, vtrum vsus Decimarum & oblationum secularibus prouenire possit: nouit vestra sanctitas omnino non licere: Protestantibus hoc Diuinis Authoritatibus Paternorum Canonum. Because your Blessednesse demanded, whether the vse of Tithes and Oblations might bee deriued to Lay-men: your Holinesse may know, it is altogether vnlawfull. And diuine Authorities of ancient Councels auouching the same. Gratian addes the reason: Non licere: Hoc est certum, quod Ius Decimarum Laicus possidere non potest, cum sit Spirituale: This is certaine, that a Lay-man may not possesse the right of Tythes, seeing it is Spirituall. Distinguishing betweene the right of the patronage, and the right of the personage. And for this cause, *De sola gratia non de mero iure Laico, tali ex sundatio…e seu constructione de iure permittitur Ius patronatus. Extra tit. 1. de elect. glosse.De sola gratia, &c. Only of fauour, not of meere lay-right or claime, the Ius Patronatus, or right of Patronage was conferred vponupon the Lay-founders, or Indowers, or Builders; according to that Verse, Patronum faciunt Dos, Aedificatio, Fundus.
Gratian, saith moreouer,*Sunt autem tria, quae consequ…tur patronus, honorem, onus, & vtilitatem. Honorem habet in present…ndo: …nus▪ in desendendo Ecclesiam, nequis Dila…idet …am; vtilitatem quia si vergit ad inopiam prouidebit ei Ecclesia abundantius quidem quā coeteris pauperibus. Can. 16 p. 2. q 7. Sunt autem tria, &c.: There bee three things which the Patron attaineth, Honour, Charge, and Profit: Honour in presenting: Charge or burthen in defending the Church from Dilapidations: Profit, because if hee fall into pouertie, the Church shall prouide for him; and that in a more ample manner and measure, then for other poore.
As olso *Concil. Tolet. 9 Can. 2 Decernimus vt quandiu fundat…res Ecclesiarum in hac vita superstites fuerint, pr… eisdem locis curam habeant Solicitam, itaque Rec…ores ido…eos in eisdem Basilicis ijdem ipsi Episcopo efferant ordinand…s.Concil. Tolet. 4. Can. 37. hath so prouided.
Further, the ninth Toletan Councell hath decreed, Vt quam diu, &c. That so long as the founders of Churches (as the Patrons) shall liue, they should hauehave a so…icitous care of those places; therefore let them present fit Rectors or Parsons vntounto the Bishop for the same Churches. Patrons then, hauing a power conferred vponupon them by the Church to present and commend a person, not simply to bestow and collate the personage, this being a distinct thing from the right of Presentation; yea, though Presentation be called sometimes a Collation, yet this Collation is not Donation, because a *Sexti de reg. iuris. lib. 5. Benef. Eccles. gloss. & de offi…. vic. li. 1. tit. 13.Donation is of free liberalitie, without compulsion; but Collation is ioyned with compulsion, when as the Collator must present within sixe moneths, else his power is then lost: Then Patrons hauehave no power to sell that, which (to speake simply) they hauehave no power to giuegive. Hereupon Aquinas saith. *Aqu. 22. q…. 100.Any act is naturally euill, when it falleth vponupon an vndue subiect. Now a spirituall thing (saith hee) is an vndue subiect of buying and selling; and that for these three reasons. First, because a spirituall thing cannot bee equalized, or made equiualent with any terrene price: Thy money perish with thee, because thou thinkest the gift of God may bee obtained with money; as it was said to Simon. Secondly, because that cannot be a due matter of sale, whereof the seller is not master or owner; As a Prelate of the Church is not Lord of spirituall things, but onelyonly a dispenser or steward: 2. Cor. 4. Thirdly, because selling is opposite to the originall propertie of spirituall things, which proceed of the free meere gift of God; freely yee hauehave receiued, freely giuegive: Talia ergo emere vel vendere est peccatum irreligiositatis: Therefore to buy or sell such things, is a sinne of irreligion. So he. Wherupon *Zan. li. 1. de vitijs externi cultus·Zanchie: His rationibus Luce clarius efficitur, Simoniam admitti non posse, sine maxima in spiritum sanctum, eiusque dona, adeo que in res omnes spirituales iniuria, & irreuerentia; eo que Simoniam ad foreign pertinere: By these reasons (saith hee) it is made more cleere then the light, that Simonie cannot bee committed without exceeding great iniury, and irreuerence towards the Holy Ghost and his gifts, and so towards all spirituall things. Therefore deuout *Bern de Confi. l. 4. c. 4.Bernard to Pope Eugenius writeth thus, concerning placing of Priests in Benefices: Sunt quaedam, &c. There bee some things, which either importunitie of suiters doth extort, or necessitie doth merit necessarily of vsus; but it must bee in those things which are our owne: But where it is not lawfull for mee to doe as I would, what place is left for the suiter? vnlesse haply the suiter intreat this of mee, that what himselfe would hauehave, it may bee lawfull for mee to bee the more willing not to doe it. *Sunt adulatores potius quam Doctores, qui do cent Papam Beneficiorum omnium esse Dominum, ac ideo cum Dominus iure vendat id quod suum est, necessariò sequi in cum non cadere Simoniam. Ex hoc fonte tot in Dei Ecclesiam abusus & grauissimos morb…s irrupisse, quibus ad salutis ea desperationem fere laboret, & quorum fama ad infideles vsus que dimanet, hanc praecipuè ob causam Christianisinum deridentes, atque blasphemantes. Espens. in Epist. ad Titum in tit. 2. Turpilucri. pa. 480. Lutetiae Paris 1619.Espensaeus saith: Sunt adulatores potius, quam Doctores, qui, &c. They bee rather flatterers then teachers, who teach that the Pope is Lord of all Benefices: and therefore seeing as Lord, bee doth by right sell that which is his owne, it necessarily followeth, that Simonie cannot be imputed to him. Belike the Holy Ghost, with his gifts are also his owne; were they not as well Peters? Yet if he had sold, he had beene a Simonist. Sed nemo potest retinere, quod vendidit; vt Iudas Christum: But no man can retaine that, which hee hath retaild: as Iudas selling Christ, lost Christ▪ Greg. Naz. Grat. We will conclude this with that of Saint *In Epist. ad Tit. cap. 1. in tit. 2. Turpilucri.Ambrose: Sunt quidem Decimae Depositum seruorum Dei in Ecclesia seruatae: Tithes are kept in the Church in trust for Gods seruants. Now for a man to take vponupon him to bee a disposer of that to his owne benefit, which as a pledge is committed to him of trust to bee deliuered to the true owner, when it should be required; what this is, let any reasonable man iudge.
In the Canon Law, all Aduousons, as being contained vnderunder Ius Patronatus, The right of Patronage, were forbidden to be bought and sold: as Gregory saith (D…cret. lib. 3. De Iure Patronatus, tit. 38. cap. 6.) calling Aduowsons, Aduocatias, Ius Patronatus, or Aduocationes, or Vice-dominatus, or Custodias, or Guardias: Quia Clerici quidam Aduocatias Ecclesiarum comparant, vel quocunque modo possunt, acquirunt, vt postmodum corum filij, vel nepotes, ad easdem Ecclesias presententur, praecipimus vt id arctius inhibeatur; eosdem aduocationibus taliter acquifitis, appellatione postposita, spoliando. So that the Canon Law forbiddes merchandizing of Adnowsons.
Now let vsus see in a word, vponupon what reason that which hath beene deliuered by the Canonists and Schoole-men, and learned Diuines concerning this point, is grounded: The right of Patronage (say they) may not be sold. Why? Not onelyonly in regard of the nature, and condition of such dedicate things, which are spirituall; and therefore incompetent matter of Sale: but also of the necessarie effects, and inconueniences which must needes follow vponupon such Sale. For, grant a libertie that it be lawfull to sell a Patronage: then it followeth, that it will be as lawfull to sell a Presentation; and then an Aduowson: And then I would faine know, why it should not bee as lawfull to sell the Benefice, when it is vacant? But because men make no great question about the lawfulnesse of selling, either in the Vacancie, or much lesse before it; consider we the lawfulnesse or vnlawfulnesse of buying. To buy an Aduowson passeth currant for lawfull: and yet to buy the Vacancie, is iudged Simonie, both by our Statute Lawes, and Church Canons. Well, I thus infer, and so conclude: if it be Simoniacall to buy a Benefice, when it is vacant: why then should it not be equally Simoniacall to buy the Aduowson? and so of the Presentation? and so of the Patronage? Or if it bee lawfull to buy the Aduowson, why should it not bee as lawfull euerie whit to buy the Benefice? yea, of the two I should thinke it rather lawfull to buy in the Vacancie, then before. Because it may seeme an iniurious thing, as to take another mans Lease, so another mans Liuing ouer his head: And it is vnlawfull to contract for anothers mans wife, before her husband bee dead. But it is an infallible rule: Quod *Aqu. 22. q. 110.3. c.est secundum se malum ex genere, nullo modo potest esse bonum & licitum. It is Aquinas speech, which he applies to disproue the lawfulnesse of a lie for any respect. That which in its owne nature and kinde is euill, can by no meanes bee good and lawfull; or that which is substantially euill, cannot bee made good by any circumstance. To buy things of a spirituall nature, is naturally euill, as was said before: Any act is naturally euill, when it falleth vponupon an vndue subiect; if therefore it be euill to buy a Benefice in the Vacancie, then it is euill to buy the same, either in the Aduowson, or in the Presentation, or in the Patronage. And if it bee euill to buy: then by the Law of Correlation, it is euill to sell in all these respects. And if the buyer bee Simoniacall, the seller must be so too. Again, as it is vnlawfull so to buy and sell, in regard of the nature of such things, being spirituall: so also in regard of the common effects and fruits of such merchandize. For tell me: when yee buy an Aduowson, or Patronage of an Ecclesiasticall Liuing; to what end is it? To bestow it freely and faithfully vponupon some worthy able Minister, for the good of Gods Church, without any Temporall respect? It were to bee wished, this were your end. But doe you not intend to gaine by such a bargaine, either by placing some of your kin, or by selling it in the Vacancie to him that will be your best Chap-man? Is not this the generall practise? Nor doe I hereby condemne our Law, for allowing such things, as Aduowsons and Patronages to bee bought and sold: Seeing it also disalloweth Simoniacall, or by respects, which being taken away, either few or none would meddle with such merchandise, or else they should not so iustly incurre the Censure of Simonie, as so commonly they doe.
Yet here I put a difference betweene the purchase of an Aduowson, and of the intire Patronage. And againe, I put a difference betweene the purchasing of a Patronage by a priuate man, and by a Colledge in the Vniuersitie. For the purchase of a single Aduowson doth too commonly aime at some temporall or carnall respect, or commoditie, wheras some may happily purchase the perpetuall Patronage, to leaue it as an honour to his House, or posteritie, while hee and his heires, according to his intention and will, become the instruments of Gods glorie in the judicious and ingenuous bestowing the Benefice franke and free at euerie Vacancie. But this being verie rare, although I neither denie, nor enuie the right of Patronage to bee resident in priuate men, so it bee rightly vsed: yet I confesse I could wish (for the auoiding of that generall corruption, and abuse in the collation of Benefices) that Colledges in each Vniuersitie were possessed of as many, Patronages in this Land, as possibly they could procure, or purchase, redeeming them out of many hucksters hands, which would be an excellent meanes, to increase Learned Diuines, to represse Simoniacall Pedanticks, to refresh the Colledges by continuall interchange of Students, to prouide for manie able men to be exercised in the Church, whose gifts, for want of such meanes, often lie buried in a Colledge life. Yet I denie not, but sometimes corruption may creepe in at the Colledge gates, but the strict Lawes of Colledges, well executed, may, as a carefull Porter, either whip, or keepe it out. This were (in my opinion) the likeliest way to preuent Simonie, and to prouide a good Ministrie. And some Colledges (I know) are carefull this way, both in Cambridge and Oxford, whose example I could wish all the rest would bee as carefull to follow. But so much of purchasing.