Answ. If the Benefice be originally of your own gift, it is at first in your power to give part or all; to take some deductions out of it or not: But if it be already given to the Church, and you have1 but the Patronage or Choice of the Incumbent, it is sacrilege to sell it for any commodity of your own: But whether you may take somewhat out of a greater Benefice, to give to another Church which is poorer, dependeth partly on the Law of the Land, and partly upon the probable consequents. If the Law absolutely forbid it (supposing that unlawful contracts cannot be avoided unless some lawful ones be restrained,) it must be obeyed, for the common good: And if the consequent of a lawful contract, be like to be the more hurtful encouragement of unlawful ones, such examples must be forborne, though the Law were not against them. But to sell Orders is undoubted Simony: (That is, the Office of the Ministry, or the act of Ordination:) though Scribes may be paid for writing instruments.
Answ. If the Benefice be originally of your own gift, it is at first in your power to give part or all; to take some deductions out of it or not: But if it be already given to the Church, and you have1 but the Patronage or Choice of the Incumbent, it is sacriledge to sell it for any commodity of your own: But whether you may take somewhat out of a greater Benefice, to give to another Church which is poorer, dependeth partly on the Law of the Land, and partly upon the probable consequents. If the Law absolutely forbid it (supposing that unlawful contracts cannot be avoided unless some lawful ones be restrained,) it must be obeyed, for the common good: And if the consequent of a lawful contract, be like to be the more hurtful encouragement of unlawful ones, such examples must be forborn, though the Law were not against them. But to sell Orders is undoubted Simony: (That is, the Office of the Ministry, or the act of Ordination:) though Scribes may be paid for writing instruments.
- 1Quest. 23.