The Sun.
London, England, 1826-05-17 00:00:00

SIMONY.

Simony is defined -by Johnson, ,in his Dictionary,
to be " the crime (if buying or selling church prefer-
ments," and by Blackstone, as " the corrupt presenta-
tion of any one to an ecclesiastical benefice, for money,
gift, or reward." The origin of the term is said to be
the name of the person who first committed the of-
fence, viz. Simon Magus ; but whose crime, indeed,
was not the purchasing of a benefice, but the buying of
holy, orders only, or a qualification to take upon him-
self a cure of souls.

Notwithstanding this offence was visited, by the
canon law, :with very severe, punishment, it was not
by the English common, law. subject to any penalties
whatever ; and even in this day it would appear not to
lir" an indictable offence, although it is elassed under
the head .Offences against Religion. .The effect
of this silence of the common law was to protect the
simonaical patron from all temporal punishment On
account of this-crime, whilst the unhappy clerk, who
was admitted to a benefice by purchase, was liable to
all the Censures and pains that ecclesiastical authority
could direct against. him. To remedy this inconve-
nience, several- Acts of Parliament have been at diffe-
rent times. passed, in the reigns of Elizabeth, Wil-
liam li!., and Anne. The effect of these statutes is
thus summed up by Mr. Justice 'Blackstone iu his
Commentaries:—

1. That to purchase a presentation, the living being
actually vacant,' is open and notorious Simony.-2.
That for a clerk to bargain for the next presentation,
the incumbent being sick and about to die, was Si-
mony bcfine - the statute of Anne ; and now, by,that
Statute, to purchase. either, in his own name or
another's, the next presentation, and be ,thereupon
presented at any future time to the living, is direct and
palpable simony.-3. That for a father to purchase
such a presentation, in order,toprovide for his son, is
not simony.-4. That if a simonaical contract be
made with. the patron; the clerk not being privy
thereto, the presentation from that time shall indeed
devolve to the Crown, as a punishment of the guilty
patron ; but the clerk who is innocent does not incur
any disability or forfeiture.-5. That bonds given to
pay money to charitable uses, on receiving a presenta-
tion to a living, are not simoniacal, provided the
patron or his relations be not benefited thereby.-6.
That bonds of resignation, in case of non-residence, or
taking any other living, are not simonaical, nor are
bonds to resign, when the patron's son_ comes to cano-
nical age.—Lastly, That general bonds to resign at the
patron s request are held to be legal." This is a short
summary of the existing law relating to simonaical
contracts, which our forefathers seem to have regarded
with great and peculiar horror. Thus hostile. to the
presentations to livings obtained by purchase, it may
be regarded as somewhat curious that no enactment
has affixed a corporal punishment to the crime, the
more especially as the cruse was one of notorious and 1
constant practice, so much so as to render the four li
following verses a sort of passing proverb of the
day .:
Quatuor ecelemias portia intratur in comae&
Committee simonis sanguinis aique Dei'
Prima pater magnis, nutumo paw alter*, cbaris
Tertia, and panda quarts patera solet.
To say that a person shall be permitted by purchase
to obtain the direction of men 4 consciences in reli-
gious matters, and to become invested with the sacred
title of Parish Minister, does at first sight appear to
be a position of a startling nature. But when it is
considered that the purchase of the presentation alone
will not invest, the, buyer with this sacred character,
and that the Bishop of the diocese has power and
authority to reject him for reasons to be assigned, we
think the offence becomes greatly mitigated in the.
eyes of morality, and all okjectitut on the ground of
injury. to the church vanishes at;once. Where
the right of presentation is given to another by virtue
of hitt office, them indeed-. the offence becomes
one of great magnitude ; but the reason that makes it
so is. altogether distinct from the crime of Simony, and
exists simply in the fact, that a public fittictionary is
prostituting the riatronagepf his artOn (the execution
of which was entrusted to him fior the public good)
for the sake of lucre and gain, and of Advancing his
own particular interests, without regard to the
public welfare which it is his duty to promote.
The advowson of a living is recognised as property by
our law ; and when that property is invested in a pri-
vate individual, it is hard to say he shall not be.per-
mitted to turn it to the best advantage, and sell or give it
away, as seemeth best in his own eyes., Yet such is the
law at this moment: and we must at once confess we
consider it somewhat harsh and severe. This law, how-
ever, will permit a father to provide for a son by a
contract, which, if made in &your of a nephew, cou-
sin, or stranger, however dear, would be termed si-
nionaical, and be therefore void. Thus an exception
in the operation of the law is violently interposed, (for
no reason beyond that of the affection of parties can
be assigned for it) in order to give effect to a prin-
ciple, which, however, good and natural, is. neverthe-
less in direct opposition to the whole force, scope,
and groundwork of the laws against simony. It can-
not be for an instant contended that any more injury
can be done to the Church by the admission of a ne-
phew, when a son Would be admitted ; or of a stranger;
even though he paid money, where a nephew is admit-
ted ; or any inquiry into the relationship of the par-
ties. The truth is, the law ought to have its full (Te-
ndon, and, if permitted to avoid' contracts for the pur-
chase of presentations at all, it. ought to have a full ope-
ration,and avoid them altogether,with out reference to the
,object of them or any inquiry into the relation of
parties. As, however, this exeeptionitrallowed, it must
'4)e-taken ass sort of tacit confession of the impoliey of
the law, and would of itself warrant the Legislature in
considering the point with a view to its amendment
and alteration.

A humorous Scottish lawyer, who had often re-.
ceived favours from the Duke of ealled upon hie Grace for
the same purpose one morning, before having shaved himsrlf.••—
The Duke observing the roughness of his chin, asked why he had
not smoothed it by a tonsorial opplicstiott ".Because," replied the
boryeri 4, I have a favour to ark of your Orace, and I did nut like
to do it barefacedly."

ANRCDoTIt OP TUX LATE Cor.. TlionNTON.—
This celebrated sportsman and singular man, was one day angling
in the neighbourhood of Mitfield, in Yorkshire, when be was
acoosted by a traveller with the usual prelude to convenatioti, of
o What sport, Sir ?" followed by a nuinber of questions relative,
to different individuals who resided ip the vicinity. Among
Other*, Colonel Thornton was mentioned hy the stranger, who ex-
pressed a great desire to see this extraciftlioorY math AO he called
him. "Do you know him, Sir?" said he to the Angler ; Know,
him, Sir," replied the Colonel, " as well as I know myself; he is,
as you say, a devilioh odd fiskhut I eadeas I have a great regard for
itint, and as you wish to see him, I rcoommend you to turn your
horses' heed, and inquire the road to raletoner'o Will, where, hi
resides, and I will insure you a hearty welcome, a of dinner,
and a bottle of good wipe. I shell siertnielY titteAtrithiltint myself
to-dny, and will prttent you if you will give me Your name."
The stranger accepted the hospitality thus osTereu'ny pray, as be
believed, gave his name " filiettpurne lefterwerda Ilarlois of
Laordeellt)t and Was received em his arrival by his angling
so-
grurintsnce 41, the tritium:tee of MOStr, 11.44.4"146