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 but inasmuch as it is constituted by ecclesiastical prohibition and a sin of disobedience is only venial when the matter is trivial, there may consequently be venial sins of that simony which is merely of ecclesiastical law.

4. It is not simony to receive stipends for saying Mass according to the intention of the giver, nor to take stole fees on occasion of certain priestly ministrations. The stipends and the fees are not given as the price of the spiritual ministrations, but the occasion of these ministrations is taken for the fulfilment of the duty which is incumbent on the faithful of supporting religion and its ministers. " The Lord ordained that they who preach the gospel should live by the gospel." The amount of these offerings, as well as the occasions on which they are made, are regulated by ecclesiastical law and custom, and no change should be made in these ordinances by private authority. The priest has a strict' title in justice to receive them from all who are competent to pay. On the other hand, he has no right to demand more than the authorized amount.

5. The Church has enacted many stringent laws against the crime of simony. Thus by Canon 2392 those who are guilty of the crime of simony in any ecclesiastical offices, benefices, or dignities incur excommunication latae sententiae simply reserved to the Holy See. Ipso facto they are for ever deprived of the right of electing, presenting, and nominating if they have any. Besides, they are to be suspended if they are clerics. Simony committed in the conferring or reception of Orders and of other sacraments brings the delinquent under suspicion of heresy, and, moreover, clerics incur suspension reserved to the Holy See (Can. 2371).

Simoniacal election to ecclesiastical benefices is null and void, and the incumbent thus elected obtains no right to the revenues of the benefice, which accordingly he is bound to restore to the Church, to the poor, or to his lawful successor, if he has already received them (Can. 729).

If commutative justice has been violated in other simoniacal transactions, restitution must, of course, be made; unless justice has been violated there will be no obligation to make restitution or to rescind the contract, though it was sinful to enter into it. Restitution, then, would have to be made by a priest who exacted more than the accustomed stipend for a Mass, for he has a just title to receive that amount and no more; restitution need not be made when a relic has been sold, even though the transaction was sinful.